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Marine Order 4 (Transitional modifications) 2013

Authoritative Version
AMSA MO 2013/3 Orders/Marine as made
This order modifies existing Marine Orders made under the 1912 Act so that they will be able to operate under the Navigation Act 2012.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 30 May 2013
Tabling HistoryDate
Tabled HR03-Jun-2013
Tabled Senate17-Jun-2013
Table of contents.

AMSA MO 2013/3

Marine Order 4 (Transitional modifications) 2013

I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.

16 May 2013

 Graham Peachey
Chief Executive Officer        


1                          Name of Order............................................................................................... 3

2                          Commencement............................................................................................ 3

3                          Modification of orders.................................................................................... 3

Schedule 1      Marine Order 1, issue 2................................................................................... 3

Schedule 2      Marine Orders Part 3, issue 6......................................................................... 15

Schedule 3      Marine Orders Part 6, issue 5......................................................................... 36

Schedule 4      Marine Orders Part 9, issue 6......................................................................... 42

Schedule 5      Marine Orders Part 12, issue 3....................................................................... 48

Schedule 6      Marine Orders Part 15, issue 5....................................................................... 54

Schedule 7      Marine Orders Part 16, issue 3....................................................................... 57

Schedule 8      Marine Orders Part 17, issue 6....................................................................... 77

Schedule 9      Marine Orders Part 18, issue 4....................................................................... 84

Schedule 10    Marine Orders Part 19, issue 4....................................................................... 89

Schedule 11    Marine Orders Part 21, issue 8....................................................................... 93

Schedule 12    Marine Orders Part 25, issue 7..................................................................... 108

Schedule 13    Marine Orders Part 27, issue 4..................................................................... 113

Schedule 14    Marine Order 28, issue 4.............................................................................. 119

Schedule 15    Marine Orders Part 30, issue 8..................................................................... 122

Schedule 16    Marine Orders Part 31, issue 6..................................................................... 124

Schedule 17    Marine Orders Part 32, issue 3..................................................................... 136

Schedule 18    Marine Orders Part 33, issue 4..................................................................... 145

Schedule 19    Marine Orders Part 34, issue 6..................................................................... 150

Schedule 20    Marine Orders Part 35, issue 2..................................................................... 156

Schedule 21    Marine Orders Part 41, issue 10................................................................... 159

Schedule 22    Marine Orders Part 42, issue 2..................................................................... 169

Schedule 23    Marine Orders Part 43, issue 6..................................................................... 175

Schedule 24    Marine Orders Part 44, issue 5..................................................................... 197

Schedule 25    Marine Orders Part 47, issue 3..................................................................... 201

Schedule 26    Marine Orders Part 49, issue 5..................................................................... 209

Schedule 27    Marine Orders Part 50, issue 6..................................................................... 214

Schedule 28    Marine Orders Part 51, issue 1..................................................................... 218

Schedule 29    Marine Orders Part 52, issue 2..................................................................... 222

Schedule 30    Marine Orders Part 54, issue 5..................................................................... 227

Schedule 31    Marine Orders Part 55, issue 2..................................................................... 238

Schedule 32    Marine Orders Part 56, issue 2..................................................................... 240

Schedule 33    Marine Orders Part 57, issue 3..................................................................... 243

Schedule 34    Marine Orders Part 58, issue 2..................................................................... 246

Schedule 35    Marine Order 59, issue 2.............................................................................. 251

Schedule 36    Marine Order 60, issue 2.............................................................................. 254

Schedule 37    Marine Order 62, issue 1.............................................................................. 261

Schedule 38    Marine Order 91, issue 5.............................................................................. 264

Schedule 39    Marine Orders Part 93, issue 5..................................................................... 271

Schedule 40    Marine Orders Part 94, issue 5..................................................................... 280

Schedule 41    Marine Orders Part 96, issue 2..................................................................... 283

Schedule 42    Marine Orders Part 97, issue 1..................................................................... 290

 


 

 

1          Name of Order

                 This Order is Marine Order 4 (Transitional modifications) 2013.

2          Commencement

        (1)     This Order commences on 1 July 2013.

        (2)     However, for Schedules 7 and 16, Division 2 commences immediately after Division 1.

3          Modification of orders

                 For subsection 343(2) of the Navigation Act 2012, each order mentioned in the title of a Schedule has effect with the modifications of the order mentioned in the Schedule.

Note 1   Marine Orders Part 11 (Substandard ships) is not supported by the Navigation Act 2012 and is not being modified. It therefore ceases to have effect on 1 July 2013. However, a new Marine Order 11 (Living and working conditions on vessels) 2013 commences on 1 July 2013. It combines the material formerly in Marine Orders Part 10 (Medical first aid on ships), Marine Orders Part 14 (Accommodation) and Marine Orders Part 53 (Employment of crews), which also are not being modified and therefore cease to have effect on 1 July 2013.

Note 2   Marine Orders Part 61 (Safe working on board ships) is also not supported by the Navigation Act 2012 and is not being modified. It therefore ceases to have effect on 1 July 2013. The effect of the order is dealt with under the Occupational Health and Safety (Maritime Industry) Act 1993.

Note 3   Provisions of some orders as in force immediately before 1 July 2013 were made under both the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and are modified by this Order to the extent that they were made under the Navigation Act 1912.  Therefore, from 1 July 2013, the text of those provisions to the extent that they were made under the Navigation Act 1912 (and modified) will differ from the text of the provisions to the extent that they were made under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

Note 4   The orders as modified do not constitute compilations for the Legislative Instruments Act 2003. Compilations of the modified orders are available on AMSA’s website at http://www.amsa.gov.au.


Schedule 1    Marine Order 1, issue 2

(section 3)

[1]       Section 4

substitute

4          Purpose

                 The purpose of this Order is:

(a)   to facilitate the consistency and shortening of Marine Orders by setting out:

             (i)  rules of interpretation that generally apply to all Marine Orders; and

            (ii)  generic provisions that a Marine Order may adopt; and

(b)   to prescribe recognised organisations; and

(c)   to prescribe matters for the Navigation Act arrangements for vessels to opt in to coverage under the Navigation Act; and

(d)   to provide for the enforcement of civil penalty provisions in Marine Orders.

4A       Power

    4A.1     Paragraph 25(2)(d) of the Navigation Act provides for regulations to prescribe matters of which AMSA must be satisfied before, by written instrument, making an opt-in declaration for a vessel.

    4A.2     Subsection 26(2) of the Navigation Act provides that if AMSA is satisfied of matters prescribed by the regulations AMSA is to revoke an opt- in declaration for a vessel if requested by the owner, or any of the owners.

    4A.3     Subsection 305(1) of the Navigation Act provides for regulations to provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty as an alternative to civil proceedings.

    4A.4     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

    4A.5     Paragraph 339(2)(o) of the Navigation Act provides for regulations to be made providing for regulations of a transitional nature arising out of the enactment of the Navigation Act or the repeal of the Navigation Act 1912.

    4A.6     Paragraph 341(3)(b) of the Navigation Act provides for regulations to be made providing for review of decisions under the regulations.

    4A.7     Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations.

[2]       Section 5, definition of Act

omit

[3]       Section 5, definition of surveyor

substitute

Marine Order means an order made under subsection 342(1) of the Navigation Act, section 24 of the AFS Act or section 34 of the Pollution Prevention Act.

[4]       Sections 6 and 7

substitute

6          Definitions

                 In a Marine Order, unless otherwise provided:

AFS Act means the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.

Area Manager means the person occupying the AMSA position of:

(a)   Manager, Ship Safety Division — North; or

(b)   Manager, Ship Safety Division — South; or

(c)   Manager, Ship Safety Division — East; or

(d)   Manager, Ship Safety Division — West.

Australian fishing vessel means a fishing vessel that is registered or entitled to be registered, in Australia.

Australian General Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

Australian International Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

cargo vessel has the meaning given to cargo ship in Regulation 2 of Chapter 1 of SOLAS.

fishing operations means:

(a)   the taking, catching or capturing of fish for trading or manufacturing purposes; and

(b)   the processing or carrying of the fish that are taken, caught or captured.

fishing vessel means a vessel that:

(a)   is used wholly or principally for fishing operations; and

(b)   is not:

             (i)  a customs vessel; or

            (ii)  a government vessel; or

           (iii)  a recreational vessel; or

           (iv)  a domestic commercial vessel.

Note   The vessels mentioned in paragraph (b) are defined in the Navigation Act — see s 14(1) of the Act.

General Manager, Emergency Response Division means the person occupying the position of General Manager, Emergency Response Division, AMSA.

General Manager, Marine Environment Division means the person occupying the position of General Manager, Marine Environment Division, AMSA.

General Manager, Ship Safety Division means the person occupying the position of General Manager, Ship Safety Division, AMSA.

IMO means the International Maritime Organization.

length, for a vessel, has the same meaning as in the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 relating to the International Convention on Load Lines, 1966.

Manager, Marine Environment Standards means the person occupying the position of Manager, Marine Environment Standards, AMSA.

Manager, Ship Inspection and Registration means the person occupying the position of Manager, Ship Inspection and Registration, AMSA.

Manager, Ship Operations and Qualifications means the person occupying the position of Manager, Ship Operations and Qualifications, AMSA.

MARPOL — see subsection 3(1) of the Pollution Prevention Act, meaning of the Convention.

national law — see section 14 of the Navigation Act, meaning of Marine Safety (Domestic Commercial Vessel) National Law.

National Standard for Commercial Vessels (or NSCV) — see section 6 of the national law, meaning of National Standard for Commercial Vessels.

natural resources means the mineral and other non-living resources of the seabed and its subsoil.

Navigation Act means the Navigation Act 2012.

offshore industry mobile unit means:

(a)   a vessel or structure that is used or intended to be used wholly or primarily in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources by drilling the seabed or its subsoil or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the vessel or structure; or

(b)   a barge or similar vessel that is used or intended to be used wholly or primarily in connection with the construction, maintenance or repair of offshore industry fixed structures.

offshore support vessel means a vessel, other than an offshore industry mobile unit, that is used or intended to be used in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

passenger vessel has the same meaning as passenger ship in Regulation 2 of Chapter I of SOLAS.

Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

SOLAS has the same meaning as Safety Convention in section 14 of the Navigation Act.-

STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of Parties to the STCW Convention.

Note    The resolution mentioned in the definition of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference of the Parties to the STCW Convention (STCW/CONF.2/34).

structure, for paragraph (a) of the definition of offshore industry mobile unit,  means a structure that is:

(a)   not a vessel; and

(b)   able to float or be floated; and

(c)   able to move or be moved as an entity from place to place.

USL Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council established by the Council of Australian Governments (COAG) and as in force from time to time.

Note 1   Other terms used in Marine Orders have the same meaning they have in the Act or Acts under which they are made — see s 14(1) of the Navigation Act, s 3 of the AFS Act and s 3 of the Pollution Prevention Act.

Note 2   The term owner is defined in s 14(1) of the Navigation Act. It includes the person with overall general control and management of the operation of a vessel. This is equivalent to a Company defined in paragraph .25 of regulation I/1 of the STCW Convention, regulation IX-1 of SOLAS and paragraph 1.1.2 of Part A of the International Safety Management Code (ISM Code) of the IMO.

7          Recognised organisations

                 For the definition of recognised organisation in section 14 of the Navigation Act, each corporation or association mentioned in Schedule 1 is prescribed.

[5]       Section 10, notes 1 and 2

substitute

Note 1   Subregulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides that a person who fails to comply with a provision of an Order made under subsection 34(1) of the Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides similarly about provisions of Orders made under the Pollution Prevention Act. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders.

Note 2   Orders made under the Navigation Act (unlike those made under the Navigation Act  1912)  may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, s 341(1)(a) and s 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, s 341(1)(a) and Crimes Act 1914, s 4B. Orders may also impose civil penalties — see Navigation Act, s 341(1)(b).

Note 3    For the value of a penalty unit — see Crimes Act 1914, s 4AA.

Note 4    For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, s 4C.

[6]       Division 4

substitute

Division 4     Approved forms

20        Approved forms

                 If AMSA approves a form for a particular purpose in an Order, the approved form must be used for that purpose.

Note 1   AMSA may, in writing, approve a form for a provision of an Order made under the Navigation Act or the Pollution Prevention Act — see Navigation Act, s 338 and definition of this Act in s14(1), and Pollution Prevention Act, s3A and definition of this Act in s3(1).

Note 2   Approved forms are available on the AMSA website at http://www.amsa.gov.au/forms.

Division 5     Opting in to coverage

21        Opt-in declaration — prescribed matters

     21.1     An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form.

Note 1   See section 20 for information about approved forms.

Note 2   AMSA may determine fees for processing applications — see section 47 of the AMSA Act.

     21.2     For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following:

(a)   the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class;

(b)   the vessel is not any of the following:

             (i)  a recreational vessel;

            (ii)  a Class 1E vessel;

           (iii)  a Class 2D or 2E vessel;

           (iv)  a Class 3B, 3C, 3D or 3E vessel;

            (v)  a Class 4C, 4D or 4E vessel;

(c)   if AMSA considers that the vessel must be inspected before making a decision on the application —the vessel has been inspected by an inspector;

(d)   if the vessel is a Class 1B or 2B vessel —it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size;

(e)   the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations.

Note 1   For paragraph (b), vessels are assigned a service category according to the nature of vessel’s use and operational areas — see clause 3.5.1 of Part B of the NSCV.

Note 2   Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 21.1, together with other things mentioned in subsection 25(2), before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters.

Note 3   For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.

22        Revocation of opt-in declaration — prescribed matters

                 For subsection 26(2) of the Navigation Act, other matters of which AMSA must be satisfied are the following:

(a)   the vessel has not been maintained in accordance with the requirements of the recognised organisation with which it is in class;

(b)   the vessel does not, after 30 days after commencement of the opt-in declaration for the vessel, comply with the requirements of the Navigation Act, including certification requirements, that apply to a vessel of its size and class;

(c)   the vessel does not comply with any other condition that AMSA has applied to the declaration.

Note   AMSA must revoke an opt-in declaration for a vessel if the owner, or any of the owners, of the vessel requests, and AMSA is satisfied of the matters mentioned in this section — see subsection 26(2) of the Navigation Act.

Division 6     Infringement notices

23        When infringement notice can be given

                 If there are reasonable grounds for believing that a person has contravened a civil penalty provision, AMSA or an inspector may give to the person an infringement notice for the infringement notice penalty of one-fifth of the maximum penalty that a court could impose on the person for contravention of the provision.

24        Contents of infringement notice

     24.1     The notice must include the following information:

(a)   the name and address of the person given the notice;

(b)   if the person is an individual — the person’s date of birth;

(c)   the provision of the Navigation Act, Marine Orders or the regulations that is alleged to have been contravened;

(d)   details of the alleged contravention, including:

             (i)  the day and, if known, the time when it is alleged to have occurred; and

            (ii)  the place where it is alleged to have occurred;

(e)   the maximum penalty that may be imposed by a court for the alleged contravention;

(f)    the amount payable as the infringement notice penalty;

(g)   a statement that the person can apply to AMSA for an extension of time to pay under section 27;

(h)   a statement that the person may pay a penalty as an alternative to civil proceedings:

             (i)  before the end of 28 days after the day the notice is given; or

            (ii)  if a further period is allowed by AMSA under section 27 — before the end of the further period; or

           (iii)  if payment by instalments is permitted by the AMSA under section 28 — in accordance with the permission;

(i)    how and where the infringement notice penalty may be paid;

(j)    a statement that if, before the end of 28 days after service of the notice, the person tells AMSA, in the way set out in the notice, about any facts or matters that the person thinks should be taken into account for the contravention and asks that AMSA withdraw the notice in accordance with section 29;

             (i)  time for payment of the penalty will be extended to the extent necessary for a decision to be made about those facts or matters; and

            (ii)   AMSA must consider the matters mentioned in section 29;

(k)   a statement that, if the infringement notice penalty is paid in time:

             (i)  the person’s liability for the contravention is discharged; and

            (ii)  further proceedings cannot be taken against the person for the contravention.

(l)    a statement to the effect that, if none of the things mentioned in paragraph (h) or (j) is done within the time specified, the person may be proceeded against for the alleged contravention and may be found liable for an amount up to the maximum penalty for the contravention;

(m)  the name or identifying number of the person who gave the notice.

     24.2     An infringement notice may contain any other information that AMSA or the inspector considers necessary.

25        Giving the notice

     25.1     The notice must be given to the person within 12 months after the alleged contravention occurred.

     25.2     The notice must be given by:

(a)   handing the notice to the person; or

(b)   mailing it to the person’s last known address; or

(c)   leaving it at the person’s last known address with a person apparently over 16 years old; or

(d)   if the person is a body corporate:

             (i)  mailing it to the registered office of the person; or

            (ii)  leaving it at the registered office of the person with a person apparently over 16 years old.

26        Time for payment of penalty

                 The penalty stated in an infringement notice must be paid within:

(a)   28 days after the day when the notice is given to the recipient; or

(b)   another period mentioned in this Order.

27        Extension of time to pay

     27.1     On written application by a person to whom an infringement notice has been given, AMSA may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not it is more than 28 days after the notice was given.

     27.2     If application is made after 28 days after the notice was given, the application must include an explanation why the person issued the notice could not deal with the notice within that period.

     27.3     AMSA must:

(a)   grant or refuse a further period; and

(b)   give the applicant written notice of the decision; and

(c)   if the decision is a refusal — mention in the notice the reasons for refusal.

     27.4     The person must pay the penalty:

(a)   if a further period is granted — before the end of that period; or

(b)   if the decision is a refusal — before the end of the later of:

             (i)  7 days after receiving notice of the refusal; or

            (ii)  the 28 day period.

28        Payment by instalments

     28.1     On written application by a person to whom an infringement notice has been given, AMSA may make an arrangement with a person to whom an infringement notice has been given (whether or not the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments.

     28.2     AMSA must:

(a)   grant or refuse to make an arrangement; and

(b)   give the applicant written notice of the decision; and

(c)   if the decision is a refusal — mention in the notice the reasons for refusal.

     28.3     The person must pay the penalty:

(a)   if an arrangement is made — in accordance with the arrangement; or

(b)   if the decision is a refusal — before the end of the later of:

             (i)  the 28 day period; or

            (ii)  7 days after receiving the notice of the refusal.

29        Withdrawal of infringement notice

     29.1     Whether or not a notice is received under subsection 29.2, AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.

     29.2     Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn.

     29.3     Within 28 days after receiving the application, AMSA must:

(a)   withdraw, or refuse to withdraw, the notice; and

(b)   give the applicant written notice of the decision; and

(c)   if the decision is a refusal — mention in the notice the reasons for the refusal.

     29.4     In making a decision, AMSA must consider:

(a)   the facts or matters mentioned in the application; and

(b)   the circumstances in which the contravention of the Navigation Act mentioned in the notice is alleged to have occurred; and

(c)   whether the person has been found previously to have contravened a civil penalty provision in the Navigation Act; and

(d)   whether an infringement notice has previously been given to the person for an contravention of the same kind as that mentioned in the notice; and

(e)   any other matter AMSA considers relevant to the decision.

     29.5     If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.

30        Notice of refusal

                 If AMSA decides to refuse to withdraw an infringement notice, notice of the decision must state:

(a)   that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged contravention; and

(b)   that if the amount is not paid, the person may be prosecuted for the alleged contravention.

31        Payment of penalty if infringement notice not withdrawn

                 If AMSA refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal.

32        Effect of payment of infringement notice penalty

     32.1     If a person who is given an infringement notice pays the infringement notice penalty in accordance with this Division:

(a)   the person’s liability for the contravention is discharged; and

(b)   further civil proceedings cannot be taken against the person for the contravention; and

(c)   the person is not taken to have done the contravention.

     32.2     Subsection 32.1 applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

33        Admissions under subsection 29.2

                 Evidence of an admission made by a person in an application under subsection 29.2 is inadmissible in proceedings against the person for the alleged contravention.

34        Matter not to be taken into account in determining penalty

     34.1     This section applies if a person who is given an infringement notice:

(a)   elects not to pay the infringement notice penalty; and

(b)   is found by an eligible court to have contravened the civil penalty provision mentioned in the notice.

     34.2     In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.

35        Evidence for hearing

     35.1     At the hearing of proceedings for an alleged contravention mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:

(a)   a certificate signed by AMSA or an inspector stating that:

             (i)  the notice was given to the person alleged to have done the contravention; and

            (ii)  the infringement notice penalty has not been paid in accordance with this Division;

(b)   a certificate signed by AMSA or an inspector and stating that the notice was withdrawn on a day mentioned in the certificate;

(c)   a certificate signed by AMSA and stating that:

             (i)  a further period was refused, under section 27, for payment of the infringement notice penalty; and

            (ii)  the infringement notice penalty has not been paid in accordance with this Division;

(d)   a certificate signed by AMSA and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate;

(e)   a certificate signed by AMSA and stating that:

             (i)  for section 27, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and

            (ii)  the infringement notice penalty was not paid in accordance with the notice or within the further time.

     35.2     A certificate that purports to have been signed by AMSA or an inspector is taken to have been signed by that person unless the contrary has been proved.

36        Infringement notice not compulsory, etc

                 Nothing in this Division is taken:

(a)   to require that a person suspected of having contravened a civil penalty provision in the Navigation Act be given an infringement notice; or

(b)   to affect the liability of a person to be prosecuted for an alleged contravention, if:

             (i)  an infringement notice is not given to the person for the contravention; or

            (ii)  an infringement notice is given, and withdrawn; or

(c)   to limit the penalty that may be imposed by a court on a person for the contravention.

Division 7     Transitional matters

37        Certificates

     37.1     For paragraph 339(2)(o) of the Navigation Act, a certificate of a kind mentioned in the table that was in force under the provision of the Navigation Act 1912 mentioned in the table immediately before the repeal of the Navigation Act 1912 has effect as if it was a certificate issued under the corresponding provision of the Navigation Act until the earlier of:

(a)   the date that the certificate would have expired under the Navigation Act 1912; or

(b)   if the certificate is revoked  — the date of revocation.

Navigation Act 1912 provision

Kind of certificate

Corresponding provision of Navigation Act

Subsection 194(4)

Certificate of survey

Section 100

Subsection 194(4)

Certificate of equipment

Section 100

Subsections 206D(1) and (3)

Passenger ship safety certificate

Section 100

Subsections 206D(2) and (4)

Passenger ship short voyage safety certificate

Section 100

Section 206E

Cargo ship safety construction certificate

Section 100

Section 206F

Cargo ship safety equipment certificate

Section 100

Section 206G

Cargo ship safety radio certificate

Section 100

Section 206GA

Cargo ship safety certificate

Section 100

Section 206H

Exemption certificate

Section 100

Section 206J

Nuclear passenger ship safety certificate

Section 100

Section 206K

Nuclear cargo ship safety certificate

Section 100

Section 206M

Certificate (foreign ship)

Section 319

Section 222

Load line certificate

Section 100

Section 223

International Load Line Exemption Certificate

Section 100

Section 267B

Ship construction certificate

Section 132

Section 267C

International Oil Pollution Prevention Certificate

Section 132

Section 267Q

Chemical tanker construction certificate

Section 132

Section 267ZG

International Sewage Pollution Prevention Certificate

Section 132

Section 267ZW

Air pollution prevention certificate

Section 132

Section 405F

Tonnage measurement certificate

Section 155

     37.2     However, a tonnage measurement certificate issued under section 405F of the Navigation Act 1912 that is a perpetual certificate has continued effect as if it was a certificate issued under section 155 of the Navigation Act unless it is revoked.

38        Things done

     38.1     For paragraph 339(2)(o) of the Navigation Act, a thing done under a provision of the Navigation Act 1912, that is of a kind mentioned in the table that was in force immediately before the repeal of the Navigation Act 1912, has effect under the corresponding provision of the Navigation Act or a Marine Order until the earlier of:

(a)   the date that the thing done would have expired under the Navigation Act 1912; or

(b)   if the thing done is revoked —— the date of revocation.

Navigation Act 1912 provision

Kind of thing done

Corresponding provision of Navigation Act or Marine Order

Subsection 14(1)

Order about minimum complement required for a ship

Subsection 51(1) of the Navigation Act

Subsection 123(1)

Appointment of Medical Inspector of Seamen

Section 8A of Marine Order 9

     38.2     For paragraph 339(3)(b) of the Navigation Act, each of the following things done under the Navigation Act 1912 that was in force immediately before the repeal of the Navigation Act 1912, has effect under the Navigation Act unless it is revoked:

(a)   an order under subsection 427(2) about the Uniform Shipping Laws Code;

(b)   an order under subsection 427(3) about the National Standard for Commercial Vessels.

[7]       Schedule 1, heading

substitute

Schedule 1    Recognised organisations

(section 7)

[8]       Further amendments

provision

omit each mention of

insert

Section 1

1, issue 2

1 (Administration) 2011

Subsection 11.1

ship

vessel

Subsection 12.1, note 2

section 338 of the Criminal Code.

subsections 136.1 and 137.1 of the Criminal Code.

Subsections 18.2, 18.3 and 18.4

Maritime Operations

Ship Safety

Schedule 1, note

bodies

organisations

Schedule 1, note

classification societies

recognised organisations

Schedule 2    Marine Orders Part 3, issue 6

(section 3)

[1]       Section 1

substitute

1          Name of Order

                 This Order is Marine Order 3 (Seafarer qualifications) 2004.

1A       Purpose

                 This Order:

(a)   specifies standards of competence and other conditions to be met by a person performing the duties or functions of a seafarer under the Navigation Act; and

(b)   provides for seafarer certificates; and

(c)   gives effect to the STCW Convention.

1B       Power

     1B.1     Part 2 of Chapter 2 of the Navigation Act generally provides for the regulations to provide for applications for, and dealings with, seafarer certificates.

     1B.2     Section 28 of the Navigation Act provides for the regulations to provide for seafarer certificates, including giving effect to the STCW Convention.

     1B.3     Subsection 31(2) provides that a seafarer certificate is subject to conditions prescribed in the regulations.

     1B.4     Section 314 of the Navigation Act provides that the regulations may prescribe certain matters for certificates.

     1B.5     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Navigation Act.

     1B.6     Paragraph 340(1)(h) of the Navigation Act provides for regulations to be made giving effect to the STCW Convention.

     1B.7     Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.

[2]       Section 2, heading

substitute

2          Definitions

                 In this Order:

[3]       Section 2, definitions of AMSA and General Manager

omit

[4]       Section 2, definition of endorsement

substitute

endorsement  means an endorsement mentioned in sections D and L, other than an STCW Endorsement.

[5]       Section 2, definition of International Safety Management Code

substitute

International Safety Management Code — see section 2 of Marine Order 58 (International Safety Management Code) 2002.

[6]       Section 2, definitions of Manager, Navigation Act, NSCV, penal provision, STCW Code, STCW Convention and USL

omit

[7]       Section 2, definition of valid, footnote 3

substitute as note to definition

Note   Marine Order 9 (Health — medical fitness) 2010 requires a person to hold a valid Certificate of Medical Fitness to serve at sea.

[8]       Section 2, after definition of WIG craft

insert

Note 1   Terms used in this Order have the same meaning that they have in the Navigation Act, including:

                     AMSA

                     marine incident

                     master

                     owner

                     seafarer

                     STCW Convention

                     Tonnage Convention.

Note 2   Some terms used in this Order are defined or explained in Marine Order 1

(Administration) 2011, including:

•              General Manager, Ship Safety Division

•              Manager, Ship Operations and Qualifications

•              Navigation Act

•              offshore industry mobile unit

•              SOLAS

•              STCW Code.

[9]       Subsection 3.2

omit

[10]     Sections 5 and 6

substitute

5          Review of decisions

                 A decision under section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

Note   For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act.

6          Kinds of seafarer certificates

6.1       Seafarer certificates that may be applied for

    6.1.1     For section 30(1) of the Navigation Act, a kind of seafarer certificate is a certificate that is:

(a)   a certificate of a particular designation or grade that belongs to the following classes of certificate:

             (i)  certificate of competency;

            (ii)  certificate of  proficiency (integrated rating);

           (iii)  certificate of rating; or

(b)   a WIG Officer Certificate; or

(c)   a certificate of proficiency as ship security officer; or

(d)   a certificate of proficiency in survival craft and rescue boats; or

(e)   a certificate of safety training; or

(f)    a certificate of recognition; or

(g)   an endorsement, which may be included in a certificate.

6.2       Seafarer certificates required to be held

    6.2.1     For section 35(1) of the Navigation Act, a person must hold a particular seafarer certificate for performance of duties or functions mentioned in sections D, E, F, G, H, I, J and L of this Order.

    6.2.2     For section 35(1) of the Navigation Act, a person who performing specific duties or functions related to cargo or cargo equipment on tankers must hold:

(a)   a certificate of competency as Master, deck officer or engineer officer; or

(b)   a certificate of proficiency (integrated rating); or

(c)   a certificate of rating as Able Seaman, Deck Rating or Engine Room Rating.

Note   Section 35(1) of the Navigation Act provides that a person must not perform duties or functions in relation to an Australian regulated vessel if the person does not hold particular seafarer certificate required to perform those duties or functions.

[11]     Subsections 7.3, 7.4 and 7.5

substitute

       7.3     An offence against subsection 7.2 is a strict liability offence.

       7.4     A person is liable to a civil penalty if the person contravenes subsection 7.2.

Civil penalty: 50 penalty units.

[12]     Section 8

substitute

8          Criteria for, and conditions imposed on, the issue of seafarer certificates

                 For section 31 of the Navigation Act:

(a)   the criteria for the issue of a seafarer’s certificate are those mentioned for the certificate in section C, D, E, F, G, H, I, J, K or L; and

(b)   the conditions that may be imposed on the issue of a seafarer certificate are those mentioned for the certificate in section CA, D, E, F, G, H, I, J, K or L.

[13]     After subsection 9.4

insert

9.5       Duration of endorsements

    9.5.1     An endorsement as a responsible officer on tankers, mentioned in section 48, remains current for 5 years.

    9.5.2     A type rating endorsement for high speed craft, mentioned in section 49, remains current for:

(a)   2 years; or

(b)   a shorter period, or for a voyage or voyages, mentioned in the endorsement.

[14]     Section 9, footnote 6

substitute as note at foot of subsection 9.2.1

Note   A lesser period may be appropriate, eg if the applicant intends to work for a limited period on a regulated Australian vessel.

[15]     Before subsection 10.1

insert

  10.1A     If the Manager, Ship Operations and Qualifications is satisfied that an applicant has met the eligibility criteria mentioned in this Order for the revalidation of a seafarer certificate, the Manager, Ship Operations and Qualifications will revalidate that seafarer certificate accordingly.

[16]     After subsection 10.3

insert

  10.3A     An endorsement as a responsible officer on tankers, mentioned in section 49, is eligible to have the endorsement revalidated if the holder:

(a)   has approved sea service, performing functions appropriate to the endorsement, of at least 3 months in total during the 5 years before the application date; or

(b)   has satisfactorily completed the appropriate course of training mentioned in subsection 49.2.3 within the 12 months before the application date.

   10.3B     The holder of a type rating endorsement for high speed craft, mentioned in section 50, is eligible to have the endorsement revalidated if the holder:

(a)   has approved sea service of at least 6 months within the preceding 2 years on high speed craft of the type and on the route to which the endorsement applies; or

(b)   has within the year immediately before the application for revalidation satisfactorily completed an approved training program for high speed craft operation.

[17]     Subsection 11.1.2

omit

(a)   cancelling it; or

[18]     After subsection 11.1.4

insert

  11.1.5     For section 33 of the Navigation Act, the criteria for revoking a seafarer certificate are that:

(a)   the holder of a seafarer certificate has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or

(b)   the holder of a seafarer certificate is unable from any cause to perform properly the duties appropriate to the certificate; or

(c)   a seafarer certificate was obtained by false representation.

[19]     Subsection 11.3, footnote 8

substitute as note at foot of subsection 11.3

Note   In making a decision to suspend or impose restrictions on the use of a seafarer certificate under subsection 11.3, the General Manager, Ship Safety Division must take into account the degree of risk involved in allowing the holder of the certificate to continue to serve in various capacities for which the certificate could otherwise be valid.

[20]     Subsection 11.5

substitute

11.5     Unlawful alteration

                 For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that has been unlawfully altered by any kind of addition, interpolation or erasure.

[21]     After subsection 11.6.1

insert

11.6.1A    An offence against subsection 11.6.1 is a strict liability offence.

11.6.1B    A person is liable to a civil penalty if the person contravenes subsection 11.6.1.

Civil penalty: 50 penalty units.

[22]     Subsection 11.7

substitute

11.7     Seafarer certificates containing factual errors

                 For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that contains factual errors.

[23]     Subsection 11.8.1

substitute

  11.8.1     The Manager, Ship Operations and Qualifications may issue a replacement certificate if:

(a)   satisfied that a certificate has been lost, stolen, damaged or destroyed; or

(b)   it has been revoked under subsection 11.5 or 11.7.

[24]     After subsection 11.8.2

insert

  11.8.3     An offence against subsection 11.8.2 is a strict liability offence.

  11.8.4     A person is liable to a civil penalty if the person contravenes subsection 11.8.2.

Civil penalty: 50 penalty units.

[25]     After subsection 11.8

insert

11.9     Return of revoked seafarer certificates

  11.9.1     If a seafarer certificate has been revoked under subsection 11.5 or 11.7, the holder of the certificate must arrange for it to be delivered to an AMSA office within 21 days after being notified that the certificate has been revoked.

Penalty: 50 penalty units.

  11.9.1     An offence against subsection 11.9.1 is a strict liability offence.

  11.9.2     A person is liable to a civil penalty if the person contravenes subsection 11.9.1.

Civil penalty: 50 penalty units.

[26]     After subsection 16.6

insert

16A     Requirements for approved courses and oral examinations

  16A.1     If a person must complete an approved course before being issued a seafarer certificate, the course must have been completed:

(a)   if the person provides proof of continuity of sea service since completion of the course that is at least equivalent to the requirements for revalidation mentioned in subparagraph 10.1(a)(i) — within 10 years before the certificate is issued; or

(b)   in any other case — within 5 years before the certificate is issued.

  16A.2     If a person must pass an oral examination before being issued a seafarer certificate, the examination must be passed, unless the Manager, Ship Operations and Qualifications determines otherwise:

(a)   when all other eligibility criteria have been met; and

(b)   within the 12 months before the certificate is issued.

  16A.3     If the examiner considers that a person is unable to meet the standard required to pass the oral examination because the person lacks sufficient practical knowledge, the person cannot be re-examined for a period, determined by the examiner as reasonably required for the person to gain the practical knowledge, of up to 6 months.

[27]     Before section 17

insert

Section CA  Conditions for particular kinds of seafarer certificates

[28]     Subsections 17.1, 17.2 and 17.3

substitute

                 The holder of a seafarer certificate that is a certificate of rating as Able Seaman, Deck Rating or Engine Room Rating must have evidence of satisfactorily completing a tanker familiarisation course that complies with paragraphs 1 to 7 of section A-V/1 of the STCW Code if undertaking specific duties or functions related to cargo or cargo equipment on tankers.

 [29]    Subsection 18.1.1

substitute

  18.1.1     A seafarer certificate is subject to the condition that the holder of the certificate must have evidence of satisfactorily completing the training mentioned in subsections 18.1.2 to 18.1.6 if undertaking duties to assist passengers in emergency situations on board a passenger vessel (other than a ro-ro passenger vessel).

[30]     Subsection 18.1.4, footnote 9

substitute as note at foot of subsection 18.1.4

Note  For this Order, seafarers who have not completed the appropriate safety training are taken to be passengers.

[31]     Subsection 18.2.1

substitute

  18.2.1     A seafarer certificate is subject to the condition that the holder of the certificate must have evidence of satisfactorily completing the training mentioned in subsections 18.2.2 to 18.2.6 if undertaking duties to assist passengers in emergency situations on board a ro-ro passenger vessel.

[32]     Sections 19 to 22

substitute

19        GMDSS General Operators Certificate

                 If a person is required to hold a valid GMDSS General Operators Certificate for the issue or revalidation of a seafarer certificate mentioned in Section D, it is a condition that the GMDSS General Operators Certificate be valid for the term of the seafarer certificate.

[33]     Section 23

substitute

23        Watchkeeping

     23.1     A person who takes charge of a navigational watch must hold a valid certificate of competency or certificate or recognition permitting the watchkeeping duties in accordance with section 24.

     23.2     A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsection 24.1 must also hold a current certificate of medical fitness for the deck department.

[34]     Subsection 24.1

substitute text before Table 1

24.1    Grades of certificate and duties

                 Subject to any specific requirement of this Order, a person who performs the duties mentioned in an item in Table 1 must hold a certificate of competency or an equivalent certificate of recognition of a grade mentioned in Table 1 for the item.

Note   Some duties, or service on some vessels, require additional training or endorsements.

[35]     Subsections 26.7

substitute

     26.7     Service performed on offshore industry mobile units will not be accepted as qualifying sea service.

[36]     Sections 28 and 29

omit

[37]     Section 30

substitute

30        Watchkeeping

     30.1     A person who takes charge of an engine room watch must hold a valid certificate of competency or an equivalent certificate of recognition permitting the watchkeeping duties in accordance with section 31.

     30.2     A person who holds a seafarer certificate in order to perform engine room watch duty in accordance with section 31 must also hold a current certificate of medical fitness for the engine department.

[38]     Subsection 31.3

omit

[39]     Subsection 32.4, footnote 14

substitute as note at foot of subsection 32.4

Note   Generally, the certificates mentioned in subsection 32.4 are issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

[40]     Section 36

substitute

36        Watchkeeping

     36.1     A person who performs duties as part of a navigational watch must hold:

(a)   a valid certificate of proficiency (integrated rating); or

(b)   a valid certificate of rating as Able Seaman or Deck Rating; or

(c)   a valid certificate of safety training, together with documentary evidence to the satisfaction of the Master that the person is competent to form part of a navigational watch; or

(d)   a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c).

     36.2     A person who performs duties as part of an engine room watch must hold:

(a)   a valid certificate of proficiency (integrated rating); or

(b)   a valid certificate of rating as Engine Room Rating; or

(c)   a valid certificate of safety training, together with documentary evidence to the satisfaction of the Chief Engineer that the person is competent to form part of an engine room watch; or

(d)   a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c).

     36.3     A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsections 36.1 and 36.2 must also hold a current certificate of medical fitness applicable to the duties for which the seafarer certificate is to be used.

[41]     Subsection 37.1

substitute text before Table

37.1    Grades of certificate and duties

                 Subject to any specific requirement of this Order, a person who performs the duties mentioned in column 2 of Table 5 must hold a seafarer certificate or an equivalent certificate of recognition mentioned in column 1 of Table 5.

Note   Some duties, or service on some ships, require additional training and/or endorsements.

[42]     Subsection 37.1, Table 5, definition of designated ship, footnote 17

substitute as note at foot of subsection 37.1

Note   The Manager, Ship Operations and Qualifications will not consider the suitability of a vessel unless the vessel is recommended for that purpose by the owner and by a seafarers union.

[43]     Before section 43

insert

43A     Requirement for certificate of proficiency as ship security officer

                 A person who performs the duties or functions of a ship security officer must hold a certificate of proficiency as a ship security officer.

[44]     Section 44

omit

[45]     After Section H

insert

Section I       Specific requirements for the issue of certificate of proficiency in survival craft and rescue boats

45.1     Requirement for certificate of proficiency in survival craft and rescue boats

                 A person who takes charge of a survival craft or rescue boat, other than a fast rescue boat, must hold:

(a)   a certificate of competency, certificate of recognition, certificate of proficiency (integrated rating) or certificate of rating; or

(b)   a certificate of proficiency in survival craft and rescue boats other than fast rescue boats issued in accordance with subsection 45.2.

45.2     Eligibility criteria for certificate of proficiency in survival craft and rescue boats

                 A person is eligible to be issued with a certificate of proficiency in survival craft and rescue boats other than fast rescue boats if the person:

(a)   is at least18; and

(b)   has completed at least 6 months sea service on vessels carrying SOLAS survival equipment; and

(c)   has satisfactorily completed an approved program of training that complies with  paragraphs 1 to 4 of section A-VI/2 of the STCW Code.

45.3     Requirement for certificate of proficiency in fast rescue boats

                 A person who takes charge of a fast rescue boat must hold a certificate of proficiency in fast rescue boats issued in accordance with subsection 45.4.

45.4     Eligibility criteria for certificate of proficiency in fast rescue boats

                 A person is eligible to be issued with a certificate of proficiency in fast rescue boats if that person:

(a)   holds a certificate of proficiency in survival craft and rescue boats other than fast rescue boats; and

(b)   has satisfactorily completed an approved program of training that complies with  paragraphs 5 to 8 of section A-VI/2 of the STCW Code.

Section J     Certificate of safety training

46.1     Requirement for certificate of safety training

                 A person who does not hold a certificate of competency, a certificate of recognition, a certificate of proficiency (integrated rating) or a certificate of rating and is engaged in a capacity on board a vessel as part of the vessel’s complement with designated safety or pollution prevention duties must hold a certificate of safety training.

46.2     Eligibility criteria for certificate of safety training

  46.2.1     A person is eligible to be issued with a certificate of safety training if the person:

(a)   is at least 16; and

(b)   has satisfactorily completed an approved training course that complies with the training and assessment standards specified in paragraph 2 of section A-VI/1 of the STCW Code.

  46.2.2     If the Manager, Ship Operations and Qualifications is satisfied that circumstances are such that it would be unreasonable or impracticable to require a person to comply fully with paragraph 46.2.1(b), the person may be issued with a certificate of safety training for voyages, and subject to conditions, that the Manager, Ship Operations and Qualification determines.

Section K     Certificates of recognition

47        Recognition of certificates issued by a foreign country

47.1     Certificate of recognition – eligibility criteria

                 A person is eligible to be issued with a certificate of recognition if the person:

(a)   holds a current certificate of medical fitness; and

(b)   holds a certificate issued by a marine administration in a country other than Australia that:

             (i)  has been approved as having training and certification standards in accordance with the STCW Convention; and

            (ii)  for a certificate for deck or engineer officer duties — has an agreement with Australia about the recognition of the other country’s certificates; and

(c)   produces evidence to the satisfaction of the Manager, Ship Operations and Qualification that:

             (i)  the certificate mentioned in paragraph (b) was issued in accordance with the STCW Convention and is equivalent in grade to the grade of certificate of recognition applied for; and

            (ii)  the person has completed practical training and short courses equivalent to that required for the issue of an equivalent certificate of competency; and

           (iii)  the person has completed qualifying sea service equivalent to that required for the issue of an equivalent certificate of competency; and

(d)   for a certificate for deck or engineer officer duties — has passed an oral examination appropriate for the grade of certificate conducted by an examiner, including knowledge of Australian maritime legislation; and

(e)   for a certificate for deck officer duties — holds a valid GMDSS General Operators Certificate; and

(f)    is an Australian or New Zealand citizen, a permanent resident of Australia or produces evidence that he or she is to be employed in a regulated Australian vessel.

Note   An application for a certificate of recognition will be accepted as a skills assessment from a prospective migrant before arrival in Australia if evidence of approval for migration is produced. However, a certificate will not be issued until the applicant takes up residence in Australia.

47.2     Restricted certificate of recognition – eligibility criteria

                 A person is eligible to be issued with a certificate of recognition restricted to duties, and for a period, determined by the Manager, Ship Operations and Qualifications if:

(a)   the person is required to perform duties on a regulated Australian vessel in particular circumstances or for a particular time; and

(b)   the person is not eligible under subsection 47.1 for the issue of a certificate of recognition; and

(c)   the Manager, Ship Operations and Qualification is satisfied that the person holds qualifications that are adequate for the performance of those duties in the particular circumstances or for the particular time.

48        Recognition of national law certificates

     48.1     If satisfied that the holder of a valid certificate issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 meets the requirements of this Order for the grade of certificate, the Manager, Ship Operations and Qualifications is to certify that by issuing an appropriate document to accompany the certificate.

     48.2     The certificate issued is to be recognised as a certificate of competency corresponding to the qualification mentioned in column 2 of an item in Table 3 if it:

(a)   was issued, renewed, endorsed or recognised to permit the holder to perform duties on a vessel of a size and in an operational area identified with an asterisk in column 1 of the item; and

(b)   is certified in accordance with subsection 48.1.

     48.3     If the certificate is subject to conditions or limitations on its use, its recognition under subsection 48.2 is subject to the same conditions or limitations.

Section L     Endorsements

49        Tanker endorsement

49.1     Requirement for tanker endorsement

  49.1.1     A person who performs duties and functions as a responsible officer on an oil tanker, a chemical tanker or a liquefied gas tanker must hold a certificate of competency or certificate of recognition bearing an endorsement.

  49.1.2     In subsection 49.1:

responsible officer means Master, Chief Mate, Chief Engineer, First Engineer or any other seafarer on operational duty in the cargo control room or any other operational control position and with the immediate responsibility for loading, discharging, care in transit or other handling of cargo.

49.2     Eligibility criteria for tanker endorsement

  49.2.1     A person is eligible to be issued with an endorsement mentioned in subsection 49.1 if the person has:

            (a)  shipboard service requirements mentioned in subsection 49.2.2; and

            (b)  satisfactorily completed the approved courses of training mentioned in subsection 49.2.3.

  49.2.2     For subparagraph 49.2.1(a), the shipboard service requirements are:

(a)   6 months shipboard service in the previous 5 years in connection with cargo handling duties on an oil tanker, a chemical tanker or a liquefied gas tanker, as appropriate for the kind of endorsement, or at least 3 months of that service including experience of 6 loads and 6 discharges; or

(b)   approved shipboard training in cargo handling duties on an oil tanker, chemical tanker or liquefied gas tanker, as appropriate for the kind of endorsement, in the previous 5 years; or

(c)   other service that the Manager, Ship Operations and Qualifications determines to be equivalent to that mentioned in paragraph (a) or (b).

  49.2.3     For subparagraph 49.2.1(b), the courses of training are:

(a)   for an oil tanker — a course of training that meets the requirements of paragraphs 9 to 14 of section A-V/1 of the STCW Code; and

(b)   for a chemical tanker — a course of training that meets the requirements of paragraphs 16 to 21 of section A-V/1 of the STCW Code; and

(c)   for a liquefied gas tanker — a course of training that meets the requirements of paragraphs 23 to 34 of section A-V/1 of the STCW Code.

  49.2.4     An endorsement is subject to the condition that the person must be capable of carrying out the duties as a responsible officer without supervision.

50        High speed craft endorsement

50.1     Requirement for type rating endorsement for high speed craft

                 A person who performs duties and functions as Master, Chief Mate, or Watchkeeper (Deck) on a high speed craft must hold:

(a)   a certificate of competency or certificate of recognition for the deck officer duties; and

(b)   a type rating endorsement appropriate to that type of high speed craft on that route.

50.2     Eligibility criteria for type rating endorsement for high speed craft

                 A type rating endorsement may be issued to a person for a high speed craft for a route if the person:

(a)   holds a certificate of competency or certificate of recognition for the deck officer duties; and

(a)   has satisfactorily completed approved high speed craft training, relevant to the type of craft and the route, that meets the requirements of paragraphs 18.3.3.1 to 18.3.3.12 of the  International Code of Safety for High Speed Craft, adopted by IMO Resolution MSC.97(73); and

(b)   has practical experience and familiarisation training to the satisfaction of the Manager, Ship Operations and Qualifications.

51        Sailing vessel endorsement

51.1     Requirement for sailing vessel endorsement

  51.1.1     A person who performs the functions or duties as a master on a square rig sailing vessel must hold a certificate of competency or certificate of recognition for deck officer duties with an endorsement for square rig sailing vessels.

  51.1.2     A person who performs the functions or duties as a master on a fore and aft rig sailing vessel must hold a certificate of competency or certificate of recognition for deck officer duties with an endorsement for square rig, or for fore and aft rig, sailing vessels.

51.2     Eligibility criteria for sailing vessel endorsement

  51.2.1     A certificate may be endorsed for service as a master on a sailing vessel if the holder:

(a)   has completed an approved course, including assessment, in knowledge of sailing vessels; and

(b)   for square rig vessels — holds a Nautical Institute Square Rig Sailing Ship Certificate; and

(c)   for fore and aft rig vessels only — holds Yachting Australia Ocean Going Certificate, endorsed ‘Offshore Instructor’; and

(d)   has served as a deck officer, on a sailing vessel of the type for which the endorsement is required, for at least 12 months, or for at least 6 months and produces testimonials from the master of the vessel confirming that the holder was assessed on board vessel and found competent to serve as master.

  51.2.2     The Manager, Ship Operations and Qualifications may accept alternative evidence of knowledge and experience of sailing vessels to meet the requirements of subsection 51.2.1.

[46]     Other amendments

provision

omit each occurrence of

insert

Section 2, definition of approved

Manager

Manager, Ship Operations and Qualifications

Section 2, definition of current

cancelled

revoked

Section 2, definition of examiner

Manager

Manager, Ship Operations and Qualifications

Section 2, definition of examiner

Part

Order

Section 2, definition of GMDSS General Operators Certificate

Marine Orders, Part 6 (Marine Qualifications — Radio)

Marine Order 6 (Marine qualifications — radio) 2000

Section 2, definition of GT

Measurement Convention as defined in the Navigation Act

Tonnage Convention

Section 2, definition of high speed craft

ship

vessel

Section 2, definition of high speed craft

Marine Orders, Part 49 (High Speed Craft)

Marine Order 49 (High speed craft) 2009

Section 2, definition of kind

ship

vessel

Section 2, definition of ship security officer

the ship,

the vessel,

Section 2, definition of ship security officer

security of the ship

security of the vessel

Section 2, definition of STCW Endorsement

by a State or Territory

under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012

Subsection 3.1

3.1 In this Part

In this Order

Section 4

This Part

This Order

Paragraph 4(a)

master, officer or seaman on a ship subject to Part II of the Navigation Act

seafarer on a regulated Australian vessel

Paragraph 4(b)

certificate issued under this Order

seafarer certificate

Section 7, heading and subsections 7.1 and 7.2

issue, revalidation or endorsement of a certificate

issue or revalidation of a seafarer certificate

Section 7

Manager

Manager, Ship Operations and Qualifications

Section 7

Part

Order

Subsection 7.2

This is a penal provision

Penalty: 50 penalty units.

Section 9, heading

certificates

seafarer certificates

Subsection 9.1

10.4

subsection 10.4

Subsection 9.1

10.1

subsection 10.1

Subsection 9.2.1

Manager

Manager, Ship Operations and Qualifications

Subsections 9.2.1 and 9.2.2

21.2

subsection 47.1

Sections 10 and 11

Manager

Manager, Ship Operations and Qualifications

subsection 10.1

in 10.2

mentioned in subsection 10.2

Subsection 10.4

a person

the holder of a seafarer certificate

Subsection 10.4

person’s certificate

certificate

Subsection 10.4

the person

the holder

Subsection 10.4

10.1

subsection 10.1

Section 11, heading

certificates

seafarer certificates

Section 11

ship

vessel

Subsection 11.1

certificate

seafarer certificate

Subsection 11.1.3

11.1.2(b)

paragraph 11.1.2(b)

Subsection 11.1.4

11.1.2(c)

paragraph 11.1.2(c)

Subsection 11.2

The Manager must not cancel, suspend or impose restrictions on the use of a certificate under

A seafarer’s certificate will not be revoked, suspended or have restrictions imposed on its use under subsection

Paragraph 11.2(a)

11.1.1(a)

paragraphs 11.1.1(a)

Subsection 11.3, heading

Serious accidents or incidents

Marine incidents

Subsection 11.3

serious accident or incident

marine incident

Subsection 11.3

the accident or incident

the marine incident

Subsection 11.3

General Manager

General Manager, Ship Safety Division

Subsection 11.3

11.2

subsection 11.2

Subsection 11.3

certificate

seafarer certificate

Subsection 11.4.1

cancel

revoke

Subsection 11.4.1

cancellation, revocation

revocation

Paragraph 11.4.1(b)

provision 5.1

section 5

Subsection 11.4.2

cancellation

revocation

Subsection 11.6, heading

Cancelled or suspended certificates

Suspended seafarer certificates

Subsection 11.6.1

certificate that has been cancelled or

seafarer certificate that has been

Subsection 11.6.1

cancellation or suspension

suspension

Subsection 11.6.3

has been cancelled, is

is

Subsections 11.6.1 and 11.8.2

This is a penal provision

Penalty: 50 penalty units.

Subsection 11.8.2

days for cancellation

days

Section C, heading

requirements for certificates

eligibility criteria for seafarer certificates and STCW Endorsements

Section 12

certificate

seafarer certificate

Section 12

Part

Order

Subsection 13.1

Manager,

Manager, Ship Operations and Qualifications;

Subsections 13.1 and 13.2

Marine Orders, Part 9 (Health—Medical Fitness)

Marine Order 9 (Health — medical fitness) 2010

Section 14

ship

a vessel

Subsections 14.1 and 14.2

is only qualified to

may

Section 15

Manager

Manager, Ship Operations and Qualifications

Section 15

Part

Order

Section 15

hold a

be issued a seafarer

Subsection 16.1

qualified

eligible

Subsection 16.1

sections 16.2

subsections 16.2

Subsection 16.2

ship

vessel

Subsection 16.5

Manager

Manager, Ship Operations and Qualifications

Subsection 16.6

ships

vessels

Section 18

ships

vessels

Section 18.1.2

Personnel

Seafarers

Section 18.1.3

other personnel

seafarers

Section 18.1.4

Personnel

Seafarers

Section 18.1.5

other persons

seafarers

Section 18.1.6

person

seafarer

Subsections 18.2.2 and 18.2.3

other personnel

seafarers

subsection 18.2.3

and responsibilities

or functions

subsection 18.2.4

Personnel

Seafarers

subsections 18.2.5 and 28.2.6

person

seafarer

Subsection 18.3

18.1

subsection 18.1

Subsection 24.1, Table 1

ships

vessels

Subsection 24.1, Table 1

Duties permitted

Duties

Subsection 24.2

Part

Order

Subsection 24.2.1

or a

or an equivalent

Subsection 24.2.3

Provision

Subsection

Section 25

Manager

Manager, Ship Operations and Qualifications

Section 25, heading

Eligibility

Eligibility criteria

Subsection 25.1.1

25.1.2

subsection 25.1.2

Paragraph 25.1.1(b)

on ships

on vessels

Subparagraph 25.1.1(b)(i)

trading ships

trading vessels

Subparagraph 25.1.1(b)(ii)

ships

vessels

Subparagraph 25.1.1(b)(iii)

(i)

subparagraph (i)

Subparagraph 25.1.1(d)(i)

issued in accordance with 19.2

mentioned in section 45

Subsection 25.1.2

25.1.1

subsection 25.1.1

Subsection 25.1.2

ships

vessels

Paragraph 25.2(b)

on ships

on vessels

Subparagraph 25.2(b)(i)

trading ships

trading vessels

Subparagraph 25.2(b)(ii)

ships

vessels

Subparagraphs 25.2(d)(i) and 25.3(e)(i)

issued in accordance with 19.2

mentioned in section 45

Paragraph 25.3(c)

on ships

on vessels

Subparagraphs 25.3(c)(ii) and (iv)

trading ships

trading vessels

Subparagraph 25.3(c)(v)

on ships

on vessels

Subparagraph 25.3(c)(v)

trading ships

trading vessels

Subsection 25.4.1

25.4.2

subsection 25.4.2

Paragraph 25.4.1(b)

trading ships

trading vessels

Subparagraph 25.4.1(b)(i)

(a)

paragraph (a)

Subparagraph 25.4.1(d)(i)

issued in accordance with 19.2

mentioned in section 45

Subsection 25.4.2

25.4.1

subsection 25.4.1

Subsection 25.4.2

ships

vessels

Subparagraph 25.4.2(a)(iii)

(i)

subparagraphs (i)

Paragraph 25.5(b)

trading ships

trading vessels

Subparagraph 25.5(b)(i)

(a)

paragraph (a)

Subparagraph 25.5(b)(ii)

ships

vessels

Subparagraphs 25.5(d)(i), 25.6.1(e)(i) and 25.6.2(d)(i)

issued in accordance with 19.2

mentioned in section 45

Subsections 25.6.1 and 2

on ships

on vessels

Subparagraph 25.6.1(c)

trading ships

trading vessels

Subsection 25.6.2

trading ships

trading vessels

Subsection 25.7

on ships

on vessels

Paragraph 25.7(c)

(b)

paragraph (b)

Paragraph 25.7(c)(ii)

trading ship

trading vessel

Subparagraph 25.7(e)(i)

issued in accordance with 19.2

mentioned in section 45

Subsection 26.1

ship

vessel

Subsection 26.4

trading ship

trading vessel

Subsection 26.5.1

supply ships

supply vessels

Subsections 26.5.1 and 26.5.2

trading ships

trading vessels

Subsection 26.5.2

Australian Government ships

government vessels

Subsection 26.6

trading ships

trading vessels

Subsection 26.6

fishing vessels

vessels

Section 27

ship

vessel

Section 31, heading

certificates

certificates and duties

Subsection 31.1.3, Table 3, definitions of ACMW, o/s and i/s

part

Order

Subsection 31.1.3, Table 3, definitions

* refer to Provision 31.3

* refer to section 48

Subsection 31.2

Manager

Manager, Ship Operations and Qualifications

Subsection 31.4

Part

Order

Subsection 32.1

ships

vessels

Subsections 32.1 and 32.2

Manager

Manager, Ship Operations and Qualifications

Subsection 32.2

ships

vessels

Paragraph 32.3(b)

33

section 33

Subsection 32.3

ships

vessels

Subsection 32.4

Manager

Manager, Ship Operations and Qualifications

Paragraph 33.2(c), footnote

Manager

Manager, Ship Operations and Qualifications

Paragraph 34.2(b)

(c)

paragraph (c)

Paragraph 34.2(b)

off-shore

offshore

Paragraph 34.2(c)

(b)

paragraph (b)

Subsection 34.4

ship

vessel

Subsection 34.5

34.2

subsections 34.2

Subsection 34.5

off-shore

offshore

Subparagraph 34.5(b)(iii)

(i)

subparagraph (i)

Section 37, heading

certificates

certificates and duties

Subsection 37.1, Table 5

Highest duties permitted

Duties

Subsection 37.1, Table 5

designated ship

designated vessel

Subsection 37.1, Table 5

board ship

board a vessel

Subsection 37.1, Table 5, note

any ship

any vessel

Subsection 37.2

Part

Order

Subsection 38.1

39.1

subsection 39.1

Paragraph 38.2.1(a)

38.2.2

subsection 38.2.2

Paragraph 38.2.1(a)

39.2

subsection 39.2

Paragraph 38.2.1(c)

ship

vessel

Subsection 38.2.2

Manager

Manager, Ship Operations and Qualifications

Paragraph 38.3(a)

Manager

Manager, Ship Operations and Qualifications

Paragraph 38.3(a)

Part

Order

Subparagraph 38.4(b)(i)

39.3

subsection 39.3

Paragraph 38.5(b)

39.4

subsection 39.4

Subsection 39.1

39.2

subsection 39.2

Subparagraph 39.1(b)(ii)

ships

vessels

Paragraph 39.1(c)

Ship

Vessel

Paragraph 39.2(b)

ship

vessel

Paragraph 39.2(b)

Manager

Manager, Ship Operations and Qualifications

Paragraph 39.2(b)

ships

vessels

Paragraph 39.3(b)

ship

vessel

Subparagraph 39.4(a)(iv)

6and

and

Subsection 39.5

ship

vessel

Subsection 40.2

Part

Order

Subsection 41

The officers in

An officer who takes

Section 41

WIG Officer Certificate issued under this Part

seafarer certificate that is a WIG Officer Certificate

Sections 42 and 43, heading

Eligibility

Eligibility criteria

Subparagraph 43(a)(ii)

ship

vessel

Subparagraph 43(a)(ii)

Manager

Manager, Ship Operations and Qualifications

 [47]    Further amendments — definitions

                 Each definition in section 2 (other than the definition of International Safety Management Code is amended by:

(a)   for definitions other than the definition of WIG craft  — omitting the concluding semi-colon and inserting a full stop; and

(b)   formatting the defined term in bold italic.

[48]     Further amendments — footnotes

footnote

instruction

4

Re-locate as a note at the foot of subsection 6.1.1

7

Re-locate as a note at the foot of paragraph 10.1(d)

12

Omit

13

Re-locate as a note at the foot of subsection 31.1.1

15

Re-locate as a note at the foot of paragraph 33.2(c)

18

Re-locate as a note at the foot of subsection 38.2.2

Note   Footnotes not mentioned in this instrument are omitted as a consequence of the text to which they relate being omitted.

Schedule 3    Marine Orders Part 6, issue 5

(section 3)

  

  

 [1]      Section 1

substitute

1          Name of Order

                 This Order is Marine Order 6 (Marine radio qualifications) 2000.

2          Purpose       

                 This Order:

(a)   gives effect to Regulation 16 of Chapter IV of SOLAS which provides that every ship must carry personnel qualified for distress and safety radio communication to the satisfaction of the Administration; and

(b)   gives effect to Regulation IV/2 of Chapter IV of the STCW Convention which requires that every person in charge of or performing radio duties on a ship that is required to participate in the GMDSS must hold an appropriate certificate related to the GMDSS; and

(c)   provides for certification requirements for persons operating radio installations, radio navigational aids and communication equipment in a vessel.

3          Power

       3.1     Sections 28 to 33 and 40 of the Navigation Act provide for the making of regulations for seafarer certificates.

       3.2     Subsection 28(2) and paragraph 340(1)(h) of the Navigation Act provide that regulations may give effect to the STCW Convention.

       3.3     Section 314 provides that the regulations may prescribe certain matters for certificates.

       3.4     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

       3.5     Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.

       3.6     Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.

[2]       Section 2, heading

substitute

4          Definitions

                 In this Order:

[3]       Section 2, definitions of approved and AMSA

substitute

appropriate certificate means a certificate that:

(a)   is issued in a country other than Australia; and

(b)   permits the operation of radio installations on a ship; and

(c)   the Manager is satisfied is equivalent to a GMDSS certificate.

approved means approved in writing by the Manager, Ship Operations and Qualifications.

[4]       Section 2, definitions of Certificate of Recognition, General Manager, GMDSS certificate and GMDSS ship

substitute

certificate of recognition means a certificate issued under the Act and mentioned in section 9.

fully fitted, for GMDSS equipment, means that the equipment satisfies the functional requirements of:

(a)   for a vessel to which SOLAS applies — regulation 4 of Chapter IV of SOLAS; or

(b)   for a vessel to which SOLAS does not apply — subsection 7.2 of Marine Order 27 (Radio equipment) 2009.

GMDSS certificate means a certificate issued under the Act and mentioned in section 8.

[5]       Section 2, definitions of Manager, the Radio Regulations, the STCW Code, the STCW Convention, surveyor and valid

substitute

                 Radio Regulations has the same meaning as in Regulation 2.11 of Chapter IV of SOLAS.

Note   The text of the Radio Regulations is available at the International Telecommunication Union website: http://www.itu.int.

valid, for a certificate, means a certificate that:

(a)   is current; and

(b)   is not revoked or suspended; and

(c)   bears the signature of the holder.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         Manager, Ship Operations and Qualifications

·         Navigation Act

·         SOLAS

·         STCW Code.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         regulated Australian vessel

·         seafarer certificate

·         STCW Convention.

[6]       Sections 3 to 6

substitute

5          Application

                 This Order applies to a person who:

(a)   operates or intends to operate the radio installation of a regulated Australian vessel; or

(b)   holds a GMDSS certificate.

6          Exemptions

       6.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption from a requirement of this Order.

       6.2     The decision maker for the application is the Manager, Ship Operations and Qualifications.

       6.3     The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that giving the exemption would not contravene SOLAS or SCTW.

Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:

· making an application

· seeking further information about an application

· the time allowed for consideration of an application

· imposing conditions on approval of an application

· notification of a decision on an application

· review of decisions.

[7]       Subsection 7.1

omit

                 issued in a country other than Australia

[8]       Subsection 7.2

substitute

       7.2     For subsection 30(1) of the Navigation Act, a GMDSS certificate and a certificate of recognition are seafarer certificates.

Note   It is an offence under sections 35 and 36 of the Navigation Act for a person to perform, or for the master to allow another person to perform, duties or functions without a seafarer certificate if the regulations require a particular seafarer certificate for the performance of those duties or functions.

[9]       Sections 8 and 9

substitute

8          GMDSS certificates — criteria for issue

      8.1.     For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a GMDSS certificate are that:

(a)   the applicant is at least 18 years; and

(b)   the Manager, Ship Operations and Qualifications is satisfied that the applicant:

             (i)  has, in the 12 months before the application, satisfactorily completed an approved course that meets the standard of competence mentioned in section A-IV/2 of the STCW Code; or

            (ii)  was issued with a certificate equivalent to a GMDSS certificate by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority and meets the requirements mentioned in section 17 for revalidation of a GMDSS certificate or a certificate of recognition.

       8.2     However, the Manager, Ship Operations and Qualifications may refuse to issue a GMDSS certificate to a person who has previously held a GMDSS certificate that was varied, suspended or revoked.

9          Certificates of recognition — criteria for issue

       9.1     For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a certificate of recognition are that:

(a)   the applicant is at least 18 years; and

(b)   the applicant holds an appropriate certificate ; and

(c)   Australia has an agreement in place for mutual recognition of GMDSS certificates with the country that issued the appropriate certificate; or

(d)   if Australia has no agreement of the kind mentioned in paragraph (c) — the applicant has undergone a formal assessment or completed additional training approved by the Manager, Ship Operations and Qualifications.

       9.2     However, the Manager, Ship Operations and Qualifications may refuse to issue a certificate of recognition to a person whose appropriate certificate has been varied, suspended or revoked.

10        Certificates — application

                 For subsection 30(2) of the Navigation Act, an application for a GMDSS certificate or a certificate of recognition must:

(a)   be in writing; and

(b)   mention the seafarer certificate applied for; and

(c)   include details of how the applicant satisfies the criteria for issue of the certificate.

Note   If a form is approved for the application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2011.

11        Certificates — criteria for variation

     11.1     For section 32 of the Navigation Act, the criteria for variation of a GMDSS certificate or a certificate of recognition are that the holder:

(a)   applies in writing to the Manager, Ship Operations and Qualifications, stating the nature of the variation sought; and

(b)   is complying with the conditions of the certificate; and

(c)   undertakes any additional training approved by the Manager, Ship Operations and Qualifications.

     11.2     The Manager, Ship Operations and Qualifications may also vary a GMDSS certificate or a certificate of recognition without an application, by imposing restrictions on the use of the certificate, if any of the grounds mentioned in section 12 is established.

12        Certificates — criteria for revocation

                 For section 33 of the Navigation Act, the criteria for revocation of a GMDSS certificate or a certificate of recognition are that the holder:

(a)   has provided false or misleading information in the application for the certificate; or

(b)   has contravened, or is contravening, a condition of the certificate; or

(c)   has demonstrated incompetence or misconduct in navigation, management or working of a vessel; or

(d)   cannot properly perform the duties the person is permitted to perform under the certificate.

13        Suspension of certificates

     13.1     For paragraph 314(5)(b) of the Navigation Act, the Manager, Ship Operations and Qualifications may suspend a GMDSS certificate or a certificate of recognition if any of the grounds mentioned in section 12 is established.

     13.2     If a GMDSS certificate or a certificate of recognition is suspended, it is not in force during the period of suspension.

     13.3     A certificate may be suspended:

(a)   for a stated period; or

(b)   until a stated event happens.

14        Procedures required for revocation, suspension or variation

                 The Manager, Ship Operations and Qualifications may revoke, suspend or vary a certificate by imposing restrictions on the use of the certificate only if:

(a)   the holder has been told that action against the certificate is proposed, and has been given reasons for the proposed action; and

(b)   the holder has been given copies of any documents that the Manager, Ship Operations and Qualifications will be using to make his or her decision; and

(c)   the holder has been allowed at least 28 days to make submissions, which need not be in writing, about the proposed action; and

(d)   the Manager, Ship Operations and Qualifications has considered any submissions made by the holder.

15        Return of revoked or suspended certificates

     15.1     For section 40 and paragraph 314(5)(d) of the Navigation Act, a person who receives notice of a revoked or suspended GMDSS certificate or certificate of recognition must return the certificate to the Manager, Ship Operations and Qualifications within 14 days after receiving notice of the revocation or suspension.

Penalty     50 penalty units.

     15.2     An offence against subsection 15.1 is a strict liability offence.

     15.3     A person is liable to a civil penalty if the person contravenes subsection 15.1.

16        Duration of certificates

     16.1     A GMDSS certificate:

(a)   comes into force on the day it is issued; and

(b)   expires on the earliest of the following:

             (i)  the day determined by the Manager, Ship Operations and Qualifications;

            (ii)  the day 5 years after it is issued;

            (ii)  when it is revoked.

     16.2     A certificate of recognition:

(a)   comes into force on the day it is issued; and

(b)   expires on the earliest of the following:

             (i)  the day determined by the Manager, Ship Operations and Qualifications;

            (ii)  the expiry date of the GMDSS certificate on which the certificate of recognition is based;

            (ii)  when it is revoked.

17        Renewal of certificates

     17.1     For paragraph 314(5)(a) of the Navigation Act, an application to renew a GMDSS certificate or a certificate of recognition must:

(a)   be in writing; and

(b)   mention the certificate sought to be renewed; and

(c)   include evidence of the applicant’s relevant service; and

(d)   include any other documents that the Manager, Ship Operations and Qualifications considers necessary for assessing the application.

Note   If a form is approved for the renewal application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2011.

     17.2     The Manager, Ship Operations and Qualifications may renew a GMDSS certificate or a certificate of recognition for a stated period of up to 5 years if the holder:

(a)   has maintained a radio watch as a master or an officer of the watch in a seagoing ship fully fitted with GMDSS equipment for at least 12 months in the 5 years before applying for renewal; or

(b)   has performed functions, relating to the category of GMDSS Certificate held by the person, that the Manager, Ship Operations and Qualifications considers to be at least equivalent to those mentioned in paragraph (a); or

(c)   has successfully completed training approved by the Manager, Ship Operations and Qualifications.

18        Lost, stolen or destroyed certificates

     18.1     If a GMDSS certificate is lost, stolen or destroyed, the holder must tell the Manager, Ship Operations and Qualifications within 14 days.

Penalty:    50 penalty units.

     18.2     An offence against subsection 18.1 is a strict liability offence.

     18.3     A person is liable to a civil penalty if the person contravenes subsection 18.1.

     18.4     If a lost or stolen GMDSS certificate is subsequently recovered, it must be given as soon as practicable to the Manager, Ship Operations and Qualifications.

     18.5     The Manager, Ship Operations and Qualifications may issue a new GMDSS certificate to replace a certificate that has been lost, stolen or destroyed.

Note   A certificate issued by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority can only be replaced by the Australian Communications and Media Authority (ACMA). If necessary, the Manager, Ship Operations and Qualifications will send the certificate to ACMA for replacing.

[10]     Further amendment — definitions

                 The definition of holder in section 2 is amended by:

(a)   omitting the concluding semi-colon and inserting a full stop; and

(b)   formatting the defined term in bold italic.

[11]     Further amendment

Provision

omit each mention of

insert

Subsection 7.1

ship

vessel

Subsection 7.1

Certificate

certificate

Schedule 4    Marine Orders Part 9, issue 6

(section 3)

  

[1]       Before section 1

insert

1A       Name of Order

                 This Order is Marine Order 9 (Health — medical fitness) 2010.

[2]       Subsection 1.1

substitute

1.1       Purpose

                 This Order:

(a)   for subsection 29(2) of the Navigation Act — prescribes matters relating to the health of persons performing, or intending to perform, the duties of a seafarer; and

(b)   for subsection 65(2) of the Navigation Act — provides for the medical examination of, and the issue of certificates of fitness to, seafarers and persons proposing to engage in employment as seafarers; and

(c)   for paragraph 164(2)(a) of the Navigation Act — provides for the medical fitness of licensed pilots; and

(d)   gives effect to regulation I/9 of the STCW Convention and section B-I/9 of the STCW Code.

[3]       Subsection 1.2.1

substitute

    1.2.1     Paragraph 164(2)(a) of the Navigation Act provides for regulations to make provision for conditions, including conditions as to medical fitness, relating to the licensing of pilots under the Act.

[4]       Sections 2 to 7

substitute

2          Definitions

                 In this Order:

applicant means a person who is examined in accordance with subsection 8.2.

Certificate of Medical Fitness means a Certificate of Medical Fitness issued in accordance with this Order and that contains at least the information mentioned in Schedule 2.

holder, of a Certificate of Medical Fitness, means the person identified as holder by the certificate.

Medical Examination Guidelines means the Guidelines for the medical examination of seafarers and licensed pilots, obtainable from AMSA’s website at http://www.amsa.gov.au.

medical inspector means a person appointed as a medical inspector under section 8A.

relevant vessel — see section 3.

valid, for a Certificate of Medical Fitness, means a certificate that is in force and that has not been cancelled.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         General Manager, Ship Safety Division

·         Manager, Ship Inspection and Registration

·         Manager, Ship Operations and Qualifications

·         Navigation Act

·         SOLAS

·         STCW Code.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         inspector

·         licensed pilot

·         master

·         seafarer

·         STCW Convention.

Note 3   A sail trainee is a passenger — see Marine Order 52 (Sailing vessels) 1999.

3          Meaning of relevant vessel

                 For the Order, a relevant vessel is:

(a)   a regulated Australian vessel; or

(b)   a vessel that, but for paragraph 15(1)(c) of the Navigation Act, would be a regulated Australian vessel, for which most of the crew are residents of Australia and that is operated by any of the following (whether or not in association with anyone else):

             (i)  a person who is a resident of, or has his or her principal place of business in, Australia;

            (ii)  a company or association that is incorporated, or has its principal place of business, in Australia.

4          Application

     This Order applies to:

(a)   a person employed, or proposing to engage in employment, on a relevant vessel; and

(b)   a person performing, or intending to perform, the duties of a licensed pilot; and

(c)   a person who employs, or proposes to employ, a person mentioned in paragraph (a) or (b); and

(d)   an applicant for the issue or revalidation of a certificate under Marine Order 3 (Seagoing qualifications) 2004.

5          Review of decisions

                 A decision under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

6          Requirement to be medically fit

       6.1     A person may perform duties as a seafarer on a relevant vessel only if person is medically fit to perform the duties.

Penalty:    50 penalty units.

       6.2     An offence against subsection 6.1 is a strict liability offence.

       6.3     A person is liable to a civil penalty if the person contravenes subsection 6.1.

Civil penalty:        50 penalty units.

       6.4     The owner of a relevant vessel may take a person into employment to perform duties as a seafarer only if the person is medically fit to perform the duties.

Penalty:    50 penalty units.

       6.5     An offence against subsection 6.4 is a strict liability offence.

       6.6     A person is liable to a civil penalty if the person contravenes subsection 6.4.

Civil penalty:        50 penalty units.

       6.7     A person may perform the duties of a licensed pilot only if the person is medically fit to perform the duties.

Penalty:    50 penalty units.

       6.8     An offence against subsection 6.7 is a strict liability offence.

       6.9     A person is liable to a civil penalty if the person contravenes subsection 6.7.

Civil penalty:        50 penalty units.

7          Evidence of medical fitness

                 For section 6, a person is medically fit to perform duties if:

(a)   the person has a valid Certificate of Medical Fitness; and

(b)   there is no evidence that his or her medical condition has altered since the Certificate of Medical Fitness was issued to an extent that would make him or her unfit to perform the duties.

[5]       Subsection 8.1, first note

omit

[6]       Subsection 8.3, note

substitute

Note   If an owner of a vessel has additional fitness requirements for particular duties or voyages (eg for the handling of specific cargoes or voyages to the Antarctic), the owner should advise the medical inspector of those requirements and request a supplementary report against them.

[7]       Subsection 8.8

substitute

8.8       Showing Certificate of Medical Fitness

    8.8.1     A person required by any provision of a Marine Order to be the holder of a valid Certificate of Medical Fitness must show the certificate on demand to the owner or master of a vessel on which the person serves or intends to serve, or to an inspector.

Penalty:    50 penalty units.

    8.8.2     An offence against subsection 8.8.1 is a strict liability offence.

    8.8.3     A person is liable to a civil penalty if the person contravenes subsection 8.8.1.

Civil penalty:        50 penalty units.

[8]       After subsection 8.9

insert

    8.9.2     An offence against subsection 8.9.1 is a strict liability offence.

    8.9.3     A person is liable to a civil penalty if the person contravenes subsection 8.9.1.

Civil penalty:        50 penalty units.

[9]       After section 8

insert

8A       Appointment of medical inspectors

    8A.1     AMSA may appoint a person as a medical inspector.

    8A.2     The person must be registered as a medical practitioner in a State or Territory of Australia.

Note 1   In appointing a medical inspector, preference is given to a person who either has a Fellowship of the Australasian Faculty of Occupational Medicine (AFOM) or is a trainee of AFOM and works under the direct supervision of a Fellow.

Note 2   Under section 33 of the Acts Interpretation Act 1901, AMSA may remove or suspend any person appointed and appoint another person temporarily in the place of any person so suspended.

[10]     Section 9

substitute

9          Aids to vision or hearing

       9.1     A seafarer or licensed pilot whose Certificate of Medical Fitness shows that an aid to vision or hearing was used for the purpose of being found medically fit must, at all times when on duty on a vessel:

(a)   use the aid; and

(b)   for an aid to vision — keep a spare aid to vision available.

Penalty:    50 penalty units.

       9.2     An offence against subsection 9.1 is a strict liability offence.

       9.3     A person is liable to a civil penalty if the person contravenes subsection 9.1.

Civil penalty:        50 penalty units.

[11]     Appendix 1

omit

[12]     Appendix 2, heading

substitute

Schedule 2    Information to be contained in Certificate of Medical Fitness

(section 2, definition of Certificate of Medical Fitness)

[13]     Further amendments

provision

omit each mention of

insert

Subsection 1.2.2

425(1)

339(1)

Subsection 1.2.3

425(1AA)

342(1)

Subsections 8.1 and 8.2

coastal pilot on a ship

licensed pilot on a vessel

Subsections 8.1, 8.2, 8.3 and 8.4

Medical Inspector of Seamen

medical inspector

Subsection 8.1, note 2

Note 2

Note

Paragraph 8.5.2 (a)

Medical Inspector of Seamen

medical inspector

Paragraph 8.5.2 (b)

Manager

Manager, Ship Operations and Qualifications

Subsection 8.5.4

ship

vessel

Subsection 8.5.4

Manager

Manager, Ship Operations and Qualifications

Subsection 8.5.4

Part

Order

Subsection 8.5.5

coastal

licensed

Subsection 8.5.5

Part

Order

Subsection 8.5.5

Manager

Manager, Ship Operations and Qualifications

Subsection 8.6.1

8.6.2

subsections 8.6.2

Subsection 8.6.1

8.7

subsection 8.7

Subsection 8.6.2

8.6.3

subsection 8.6.3

Subsection 8.6.2

8.7

subsection 8.7

Subsection 8.6.3

Medical Inspector of Seamen

medical inspector

Subsection 8.6.4

Manager

Manager, Ship Operations and Qualifications

Subsection 8.6.4

ship

vessel

Subsection 8.6.4

Part

Order

Subsection 8.6.5

8.6.4

subsection 8.6.4

Subsection 8.6.5

coastal

licensed

Subsection 8.6.6

coastal

licensed

Section 8.7

Manager

Manager, Ship Operations and Qualifications

Subsection 8.7.1

Medical Inspector of Seamen

medical inspector

Subsection 8.7.2

8.7.1

subsection 8.7.1

Subsection 8.7.3

8.7.1

subsection 8.7.1

Paragraph 8.7.3(b)

8.5.4

subsection 8.5.4

Paragraph 8.7.3(b)

Medical Inspector of Seamen

medical inspector

Subsection 8.9

A person

8.9.1    A person

Subsection 8.9

8.7.1

subsection 8.7.1

Subsection 8.9

8.7.3

subsection 8.7.3

Subsection 8.9

Manager

Manager, Ship Operations and Qualifications

Subsection 8.9

This is a penal provision

Penalty:           50 penalty units.

Section 10

Marine Orders, Part 3 (Seagoing qualifications)

Marine Order 3 (Seagoing qualifications) 2004

Paragraph 10(b)

Appendix 2

Schedule 2

Appendix 2, item (k)

ship

vessel

Appendix 2, item (o)

Medical Inspector of Seamen

medical inspector

Schedule 5    Marine Orders Part 12, issue 3

(section 3)

[1]       Section 1A

omit

Marine Orders Part 12, issue 3

insert

Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009

[2]       Subsection 1.2.1

substitute

    1.2.1     Paragraphs 339(2)(a) and (b) of the Navigation Act provides that regulations may provide for design and construction of vessels, including machinery and equipment to be carried on board vessels.

1.2.1A     Paragraph 339(2)(e) of the Navigation Act provides that regulations may provide for the stability of vessels, including information about, and testing of, the stability of vessels.

  1.2.1B     Paragraph 340(1)(a) of the Navigation Act provides that regulations may provide for giving effect to SOLAS.

[3]       Section 2, definition of Guidelines

omit

[4]       Section 2, definition of IS Code

substitute

IS Code means the Code on Intact Stability, 2008 adopted by IMO Resolution MSC.267 (85), as in force from time to time.

Note   A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.

[5]       Section 2, definitions of SOLAS ship and surveyor

substitute

OSV Design and Construction Guidelines means the Guidelines for the Design and Construction of Offshore Supply Vessels 2006 adopted by IMO Resolution MSC.235 (82), as in force from time to time.

Note 1   A copy of each IMO resolution that adopts or amends these Guidelines is available on AMSA’s website at http://www.amsa.gov.au.

[6]       Section 2, note 2

substitute

Note 3   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         cargo vessel

·         General Manager, Maritime Operations Division

·         IMO

·         Manager, Ship Inspection and Registration

·         national law

·         SOLAS

·         USL Code.

Note 4   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         inspector

·         owner

·         recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)

·         regulated Australian vessel

·         seafarer

·         overseas voyage.

[7]       Section 4

substitute

4          Application

       4.1     This Order applies to:

(a)   a regulated Australian vessel; and

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

       4.2     However, this Order applies to a foreign vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter II-1 of SOLAS.

[8]       After subsection 8.1

insert

    8.1A     An offence against subsection 8.1 is a strict liability offence.

     8.1B     A person is liable to a civil penalty if the person contravenes subsection 8.1.

Civil penalty:        50 penalty units.

[9]       Subparagraphs 8.2(c)(i) and (ii)

substitute

             (i)  for a regulated Australian vessel — by the Manager, Ship Inspection and Registration or a recognised organisation; or

            (ii)  for a foreign vessel — by the maritime administration of the country where the vessel is registered.

[10]     Schedule 1, subclause 8.2, definition of passenger

substitute

Note   For the meaning of passenger — see s 14 of the Navigation Act.

[11]     Other amendments

provision

omit each mention of

insert

Subsection 1.1

Part of Marine Orders

Order

Subsection 1.1

SOLAS ships

vessels to which Chapter II-1 of SOLAS applies

Subsection 1.1

non-SOLAS ships

vessels to which Chapter II-1 of SOLAS does not apply

Subsection 1.2.2

Subsection 425(1)

Subsection 339(1)

Subsection 1.2.3

Subsection 425(1AA)

Section 342

Section 2

Part

Order

Section 2, definition of offshore supply vessel

Guidelines

OSV Design and Construction Guidelines

Section 2, note 1

Note 1

Note 2

Section 3

Part

Order

Subsection 3.1

ship

vessel

Subsection 3.2

an Australian registered ship

a regulated Australian vessel

Subsection 3.3

Provisions 7 and 8 of this Part

Sections 7 and 8

Subsection 5.1

(Administration)

(Administration) 2011

Subsection 5.1

ship

vessel

Subsection 5.3, note

(Administration)

(Administration) 2011

Paragraph 5.3(a)

ship

vessel

Subsection 6.1

(Administration)

(Administration) 2011

Subsection 6.4

ship

vessel

Section 7

ships

vessels

Section 7

ship

vessel

Subsection 7.1, heading

SOLAS ships

Vessels to which Chapter II-1 of SOLAS applies

Subsection 7.1.1

7.1.2

subsections 7.1.2

Subsection 7.1.1

SOLAS ship

vessel to which Chapter II-1 of SOLAS applies

Subsection 7.1.2

Marine Orders Part 47

Marine Order 47 (Mobile offshore drilling units) 2012

Subsection 7.1.3

Marine Orders Part 49

Marine Order 49 (High speed craft) 2009

Subsection 7.1.4

Marine Orders Part 49

Marine Order 49 (High speed craft) 2009

Subsection 7.1.4

Marine Orders Part 47

Marine Order 47 (Mobile offshore drilling units) 2012

Subsection 7.2, heading

Non-SOLAS ships

Vessels to which Chapter II-1 of SOLAS does not apply

Subsection 7.2

ship that is not a SOLAS ship

vessel to which Chapter II-1 of SOLAS does not apply

Subsection 7.3.1, except note 2

Guidelines

OSV Design and Construction Guidelines

Section 8, except note 3

ship

vessel

Section 8

ships

vessels

Subsection 8.1

ship’s

vessel’s

Subsection 8.1

This is a penal provision.

Penalty:        50 penalty units.

Subsection 8.2

8.1

subsection 8.1

Paragraph 8.2(a)

Part

Order

Subsection 8.2, note 1

Guidelines

OSV Design and Construction Guidelines

Subsection 8.2, note 2

c

(c)

Subsection 8.2, note 2

a or b

(a) or (b)

Subsection 8.2, note 3

survey authority

recognised organisation

Subsection 8.2, note 3

light ship

lightship

Subsection 9.1

An Australian registered SOLAS ship

A regulated Australian vessel to which Chapter II-1 of SOLAS applies

Subsection 9.2

an Australian registered ship or class of ships

a regulated Australian vessel or class of vessels

Subsection 9.2

ship or class of ships

vessel or class of vessels

Subsection 9.2, note

ships

vessels

Schedule 1, clause 1

ships

vessels

Schedule 1, paragraph 1(h)

ship

vessel

Schedule 1, subclause 2.1

ships

vessels

Schedule 1, subclause 2.2

survey authority

recognised organisation

Schedule 1, subclause 2.3.1

survey authority

recognised organisation

Schedule 1, subclause 2.3.1 and 2.3.2

ship

vessel

Schedule 1, clause 3

ship

vessel

Schedule 1, clause 4

Australian registered cargo ships

regulated Australian vessels that are cargo vessels

Schedule 1, subclause 7.1.1

ships

vessels

Schedule 1, subclause 7.1.2

ship

vessel

Schedule 1, subclause 7.3

survey authority

recognised organisation

Schedule 1, subclause 7.4

survey authorities

recognised organisations

Schedule 1, subclause 7.4

survey authority

recognised organisation

Schedule 1, subclause 7.4

surveyor

inspector or the vessel’s recognised organisation

Schedule 1, subclauses 7.4 and 7.5

ship

vessel

Schedule 1, subclause 8.1

Provision 8 of Schedule 1

This clause

Schedule 1, subclause 8.1

crew

seafarers

Schedule 1, subclause 8.1

ships

vessels

Schedule 1, subclause 8.2

provision 8

this clause

Schedule 1, subclause 8.2, definitions of ‘A’ class division, door or enclosure and  low flame spread surface

Marine Orders, Part 15,

Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2009

Schedule 1, subclause 8.3.1

ships

vessels

Schedule 1, paragraph 8.4.2(b)

ship

vessel

Schedule 1, subclause 8.5.2, 8.5.3, 8.5.4 and 8.6.4

ship

vessel

Schedule 1, paragraph 8.5.2(a)

ship’s

vessel’s

Schedule 1, subclause 8.6.5

Marine Orders, Part 15

Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2009

Schedule 1, subclause 8.7.2

ship

vessel

Schedule 1, subclause 8.7.2

crew members

seafarers

Schedule 1, subclause 8.9.1

ships

vessels

Schedule 1, subclause 8.10

crew members

seafarers

Schedule 1, subclauses 8.10 and 8.11

ship

vessel

Schedule 1, subclause 8.11.3

crew members

seafarers

Schedule 1, subclause 8.12.1

surveyor

inspector

Schedule 1, subclause 8.12.1

ship

vessel

Schedule 1, subclause 9.1

Provision

Clause

Schedule 1, subclause 9.2

Provision

clause

Schedule 1, subclause 9.2, definition of competent person, paragraph (b)

classification society

recognised organisation

Schedule 1, subclause 9.2, definition of qualified person

member of the ship’s crew

seafarer

Schedule 1, subclause 9.3.2

ship

vessel

Schedule 1, subclause 9.3.2

9.3.5

subclause 9.3.5

Schedule 1, subclause 9.3.2

classification society

issuing body

Schedule 1, subclause 9.3.3

9.3.2

subclause 9.3.2

Schedule 1, subclauses 9.3.3 and 9.3.4

ship

vessel

Schedule 1, subclause 9.3.4

9.3.5

subclause 9.3.5

Schedule 1, subclause 9.3.5.3

Marine Orders, Part 32

Marine Order 32 (Cargo handling equipment) 2011

Schedule 1, subclause 9.3.5.3

9.3.2

subclause 9.3.2

Schedule 1, clause 10

ship

vessel

Schedule 1, clause 10

ship’s

vessel’s

Schedule 1, subclause 11.2

Provision

clause

Schedule 1, subclause 11.1

Provision

Clause

Schedule 1, subclause 11.1

ship

vessel

Schedule 1, subclauses 11.3.2 and 11.6.1

ship

vessel

Schedule 1, subclause 11.8.1

surveyor

inspector or the vessel’s recognised organisation

Schedule 1, subclauses 11.8.3 and 11.9.1

ship

vessel

Schedule 1, paragraphs 12.1.1(a) and (b)

ship

vessel

Schedule 1, subclause 12.2

ship

vessel

Schedule 6    Marine Orders Part 15, issue 5

(section 3)

[1]       Section 2, definition of Fire Safety Systems Code (or FSS Code)

substitute

Fire Safety Systems Code (or FSS Code) means the International Code on Fire Safety Systems adopted by IMO Resolution MSC.98 (73), as in force from time to time.

Note 1   A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.

[2]       Section 2, definitions of SOLAS ship, surveyor

omit

[3]       Section 2, note 2

omit

·         AMSA

insert

·         cargo vessel

[4]       Section 2, note 2

after

·         Manager, Ship Inspection and Registration

insert

·         national law

[5]       Section 2, after note 2

insert

Note 4   Some terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         foreign vessel

·         inspector

·         recognised organisation.

[6]       Section 4

substitute

4          Application

       4.1     This Order applies to each of the following vessels:

(a)   a regulated Australian vessel;

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

       4.2     However, this Order applies to a foreign vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter II-2 of SOLAS.

[7]       Other amendments

provision

omit each mention of

Insert

Section 1A

15, issue 5

15 (Construction — fire protection, fire detection and fire extinction) 2009

Subsection 1.1

SOLAS ships

vessels to which Chapter II-2 of SOLAS applies

Subsection 1.1

non-SOLAS ships

vessels to which Chapter II-2 of SOLAS does not apply

Subsection 1.2.1

Section 191

Paragraph 340(1)(a)

Subsection 1.2.1

Paragraph 215(1)(b)

Paragraph 339(2)(h)

Subsection 1.2.1

ships

vessels

Subsection 1.2.2

425(1)

339(1)

Subsection 1.2.3

425(1AA)

342(1)

Section 2, note 1

Note 1

Note 2

Section 2, note 2

(Administration)

(Administration) 2011

Section 2, note 2

Note 2

Note 3

Section 3.1

ship

vessel

Subsection 3.2

an Australian registered ship

a regulated Australian vessel

Section 5

(Administration)

(Administration) 2011

Subsection 5.1

ship

vessel

Paragraph 5.3(a)

ship

vessel

Section 6

(Administration)

(Administration) 2011

Subsection 6.1, note

provision

subsection

Subsection 6.4

ship

vessel

Subsection 7.1, heading

SOLAS ships

Vessels to which Chapter II-2 of SOLAS applies

Subsection 7.1.1

SOLAS ship

vessel to which Chapter II-2 of SOLAS applies

Subsection 7.1.1

ships

vessels

Subsection 7.1.2

ship

vessel

Paragraph 7.1.1(b)

if registered in Australia

for a regulated Australian vessel

Paragraph 7.1.2(a)

Marine Orders Part 47

Marine Order 47 (Mobile offshore drilling units) 2012

Subsection 7.1.2(b)

Marine Orders Part 49

Marine Order 49 (High Speed Craft) 2009

Subsection 7.2, heading

Non-SOLAS ships

Vessels to which Chapter II-2 of SOLAS does not apply

Subsection 7.2

ship that is not a SOLAS ship

vessel to which Chapter II-2 of SOLAS does not apply

Subsections 7.2 and 7.3

ship

vessel

Subsection 7.3

Australian registered ship or class of ships

regulated Australian vessel or class of vessels

Subsection 7.3

ships to

vessels to

Schedule 1, heading

provision

section

Schedule 1, clause 1

survey authority

recognised organisation

Schedule 1, clause 1

2,

clauses 2,

Schedule 1, clause 2

self contained

self-contained

Schedule 1, paragraph 2(c)

2.1

subclauses 2.1

Schedule 1, clause 3

ship

vessel

Schedule 1, clause 4

4.1

subclauses 4.1

Schedule 2, heading

provision

section

Schedule 2, subclause 1.1

1.2

subclauses 1.2

Schedule 2, subclause 1.4

1.2

subclause 1.2

Schedule 2, subclause 2.1

2.2

subclauses 2.2

Schedule 2, subclause 3.1

3.2

subclauses 3.2

Schedule 2, subclause 3.4

3.3

subclause 3.3

Schedule 2, clause 4

ship

vessel

Schedule 2, subclause 4.5

4.6

subclause 4.6

Schedule 2, subclauses 4.6, 4.7 and 4.8.3

a surveyor

an inspector or the vessel’s recognised organisation

Schedule 2, subclause 4.7

the surveyor

the inspector or the vessel’s recognised organisation

Schedule 2, subclause 4.8.3

4.8.1

subclauses 4.8.1

Schedule 3, heading

provision

section

Schedule 3, paragraph 1.1.1(d)

1.1.2

subclause 1.1.2

Schedule 3, subclause 1.1.3

a surveyor

an inspector or the vessel’s recognised organisation

Schedule 3, Table 1

ship

vessel

Schedule 3, Table 1

Ships

Vessels

Schedule 3, Table 1

ships

vessels

Schedule 3, Table 1

Marine Orders, Part 31

Marine Order 31 (Ship surveys and certification) 2006

Schedule 3, Table 1

See 4

See clause 4

Schedule 3, Table 1

Appendix

Schedule

Schedule 3, subclause 1.3.1

survey authority

recognised organisation

Schedule 7    Marine Orders Part 16, issue 3

(section 3)

Division 1     Initial modification

[1]       Before section 1

insert

Division 1     Preliminary

1A       Name of Order

                 This Order is Marine Order 16 (Load Lines) 2004.

[2]       Subsection 1.2

substitute

1.2       Power

    1.2.1     Section 98 of the Navigation Act provides that the regulations may provide for safety certificates including giving effect to the Load Lines Convention.

    1.2.2     Subsection 309(2) of the Navigation Act provides that the regulations may provide for the keeping of logbooks.

    1.2.3     Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates.

    1.2.4     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

    1.2.5     Paragraph 340(1)(d) of the Navigation Act provides that the regulations may provide for giving effect to the Load Lines Convention.

    1.2.6     Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which regulations may provide.

[3]       Section 2

substitute

2          Definitions

                 In this Order:

assigning authority means:

(a)   for a vessel whose freeboard is assigned by a recognised organisation — the recognised organisation; or

(b)   for any other vessel — the Manager, Ship Inspection and Registration.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         General Manager, Ship Safety Division

·         length

·         IMO

·         Manager, Ship Inspection and Registration

·         Navigation Act

·         passenger vessel

·         recognised organisation

·         SOLAS

·         USL Code.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         inspector

·         Load Lines Convention

·         master

·         regulated Australian vessel.

Note 3   Information on obtaining copies of IMO documents mentioned in this Order is available from AMSA’s website at http://www.amsa.gov.au or by email at international.relations@amsa.gov.au.

[4]       Subsection 3.4

omit

[5]       Sections 4 to 6

substitute

4          Application

       4.1     This Order applies to the following vessels:

(a)   a regulated Australian vessel;

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

       4.2     This Order does not apply to a fishing vessel.

5          Equivalents

       5.1     A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent.

       5.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

       5.3     The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.

       5.4     In this section:

equivalent means:

(a)   a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of the Load Lines Convention, requires to be fitted or carried in a vessel; or

(b)   an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of:

             (i)  this Order; or

            (ii)  the Load Lines Convention.

use, of an equivalent, includes:

(a)   fitting or carrying the equivalent in or on a vessel; and

(b)   making an alternative arrangement or following an alternative procedure.

Note   Marine Order 1 (Administration) 2011 deals with the following matters about equivalents and exemptions:

· making an application

· seeking further information about an application

· the time allowed for consideration of an application

· notification of a decision on an application

· review of decisions.

6          Exemptions

       6.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.

       6.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

       6.3     The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:

(a)   compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and

(b)   giving the exemption would not contravene:

             (i)  this Order; or

            (ii)  the Load Lines Convention.

       6.4     An application for an exemption from a requirement of this Order must include any information that the Manager, Ship Inspection and Registration considers necessary.

Division 2     Requirements for vessels to which the Load Lines Convention applies

[6]       Section 9

omit

[7]       Section 11

substitute

11        Strength of vessel

     11.1     Freeboards may be assigned to a vessel in accordance with this Order only if the general structural strength of the vessel is sufficient for it to be loaded to the draughts corresponding to those freeboards.

     11.2     A vessel built and maintained in accordance with the requirements of a recognised organisation of the country of registration of the vessel is taken to have sufficient general structural strength.

Note   Marine Order 1 (Administration) 2011 contains a list of recognised organisations.

[8]       Section 14

substitute

Division 3     Requirements for vessels to which the Load Lines Convention does not apply

14        Non‑Load Lines Convention vessels — general requirements

14.1     Vessels 24 m and over in length

                 Parts 2, 3, 5 and 6 of section 7 of the USL Code apply to a vessel that is 24 m and over in length and is not subject to the Load Lines Convention.

14.2     Vessels under 24 m in length

  14.2.1     Part 11 of section 7 of the USL Code applies to a vessel that is under 24 m in length and is not subject to the Load Lines Convention.

  14.2.2     The master and owner of a vessel under 24 m in length need not comply with Division 4 if a certificate of survey that complies with Marine Order 31 (Vessel surveys and certification) 2006 is maintained for the vessel.

  14.2.3     If a load line certificate is issued for a vessel mentioned in subsection 14.2.1, the vessel must comply with parts 2, 3, 5 and 6 of section 7 of the USL Code.

14A     Criteria for issue of certificates — non Load Lines Convention vessels

  14A.1     For sections 103 and 104 of the Navigation Act, a regulated Australian vessel to which the Load Lines Convention does not apply must have an Australian load line certificate in accordance with Form 3 in Schedule 2.

  14A.2     For subsection 99(1) of the Navigation Act, an Australian load line certificate is a safety certificate.

Note    It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.

  14A.3     For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an Australian load line certificate are that:

(a)   the vessel is surveyed in accordance with section 21 and found to comply with the conditions of assignment applicable to the vessel; and

(b)   the vessel complies with the relevant requirements of section 7 of the USL Code.

  14A.4     An Australian load line certificate must specify a period of up to 5 years for which the certificate remains in force.

14B     Criteria for variation of certificates — non Load Lines Convention vessels

   14B.1     For section 101 of the Navigation Act, the criteria for variation of an Australian load line certificate are that:

(a)   a written application is made to the assigning authority, stating the nature of the variation; and

(b)   the vessel complies with the survey requirements mentioned in section 21 and any additional survey requirements imposed by the Manager, Ship Inspection and Registration; and

(c)   the safety of the vessel and any person on board will not be adversely affected.

   14B.2     If an Australian load line certificate is varied by extending the term of the certificate, the term of extension must not be more than 3 months.

14C     Criteria for revocation of certificates — non Load Lines Convention vessels

      14C     For section 102 of the Navigation Act, the criteria for revocation of an Australian load line certificate are that:

(a)   the required surveys mentioned in section 21 are not completed within the periods specified; or

(b)   the certificate is not endorsed to show that the annual survey of the vessel has occurred as specified in section 21; or

(c)   the vessel’s hull or superstructures are altered to the extent that an increased freeboard must be assigned; or

(d)   fittings and appliances to protect the openings, guard rails, freeing ports and means of access to a seafarer’s quarters are not maintained in an effective condition; or

(e)   the vessel ceases to be registered in Australia.

Division 4     Requirements for all vessels mentioned in Divisions 2 and 3 of this Order

[9]       Section 15, heading

substitute

15        Statement of assigning authority

[10]     Subsection 15.1, heading

omit

[11]     After subsection 15.1.1

insert

15.1.1A    An offence against subsection 19.1{.1} is a strict liability offence.

15.1.1B    A person is liable to a civil penalty if the person contravenes subsection 19.1{.1}.

Penalty:    50 penalty units.

[12]     Subsection 15.2, heading

substitute

12        Loading information

[13]     After subsection 15.1.2

insert

15.1.2A    An offence against subsection 19.1.2 is a strict liability offence.

15.1.2B    A person is liable to a civil penalty if the person contravenes subsection 19.1.2.

Penalty:    50 penalty units.

[11]     Subsection 15.2.1, notes

substitute

15.2.1A    An offence against subsection 12.2.1 is a strict liability offence.

15.2.1B    A person is liable to a civil penalty if the person contravenes subsection 12.2.1.

Civil penalty:        50 penalty units.

Note   Chapter II-I of SOLAS provides stability information that vessels to which SOLAS applies are required to carry.

15.2.1C    For subsection 12.2.1, information marked by the recognised organisation or AMSA as approved is taken to remain acceptable for all subsequent inspections and surveys unless the vessel has undergone structural modification.

15.2.1D    For paragraph 12.2.1(a), a loading instrument includes a computer and any associated computer program approved by the issuing body.

[12]     After subsection 15.2.2

insert

  15.2.3     An offence against subsection 12.2.2 is a strict liability offence.

  15.2.4     A person is liable to a civil penalty if the person contravenes subsection 12.2.2.

Civil penalty:        50 penalty units.

15A     Criteria for issue of certificates — Load Lines Convention vessels

  15A.1     For sections 103 and 104 of the Navigation Act, a regulated Australian vessel to which the Load Lines Convention applies must have:

(a)   an international load line certificate in accordance with Form 1 in Schedule 2; or

(b)   an international load line exemption certificate in accordance with Form 2 in Schedule 2.

  15A.2     For paragraph 100(1)(b) of the Navigation Act, the criterion for the issue of an international load line certificate is that the vessel is surveyed in accordance with Article 14 of the Load Lines Convention and found to comply with the Convention.

  15A.3     For subsection 99(1) of the Navigation Act, an international load line certificate is a safety certificate.

Note    It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.

  15A.4     An international load line certificate must specify a period up to 5 years for which the certificate remains in force.

  15A.5     For paragraph 100(1)(b) of the Navigation Act, the criterion for the issue of an international load line exemption certificate is that paragraph 2 or 4 of Article 6 of the Load Lines Convention applies to the vessel.

  15A.7     For subsection 99(1) of the Navigation Act, an international load line exemption certificate is a safety certificate.

  15A.8     An international load line exemption certificate issued in accordance with paragraph 2 of Article 6 of the Load Lines Convention must specify a period of up to 5 years for which the certificate remains in force.

  15A.9     An international load line exemption certificate issued in accordance with paragraph 4 of Article 6 of the Load Lines Convention remains in force for the duration of the single voyage for which it is issued.

15B     Criteria for variation of certificates — Load Lines Convention vessels

                 For section 101 of the Navigation Act, the criteria for variation of an international load line certificate or an international load line exemption certificate are set out in paragraphs 2 and 4 of Article 19 of the Load Lines Convention.

15C     Criteria for revocation of certificates — Load Lines Convention vessels

   15C.1     For section 102 of the Navigation Act, the criteria for revocation of an international load line certificate are that:

(a)   the hull or superstructures of the vessel are altered to the extent that an increased freeboard must be assigned; or

(b)   the fittings and appliances mentioned in subparagraph (1)(c) of Article 14 of the Load Lines Convention are not maintained in effective condition; or

(c)   the certificate is not endorsed to show that the vessel has been inspected in accordance with subparagraph (1)(c) of Article 14 of the Load Lines Convention; or

(d)   the structural strength of the vessel is lowered to the extent that the vessel is unsafe.

   15C.2     For section 102 of the Navigation Act, the criteria for revocation of an international load line exemption certificate are that:

(a)   the hull or superstructures of the vessel are altered to the extent that an increased freeboard must be assigned; or

(b)   the fittings and appliances mentioned in subparagraph (1)(c) of Article 14 of the Load Lines Convention are not maintained in effective condition; or

(c)   the certificate is not endorsed to show that the vessel has been inspected in accordance with subparagraph (1)(c) of Article 14 of the Load Lines Convention; or

(d)   the structural strength of the vessel is lowered to the extent that the vessel is unsafe; or

(e)   the vessel does not comply with a safety requirement specified as a safety requirement with which the vessel must comply.

Note   Paragraph 5 of Article 19 of the Load Lines Convention provides that a certificate issued to a vessel ceases to be valid on the transfer of the vessel to the flag of another State.

[13]     Section 16

substitute

16        Entries to be made in the official log‑book

                 For section 309 of the Navigation Act, the master of a regulated Australian vessel must make the entries in the official log-book that are mentioned in Parts II and III of the prescribed form of the official log-book.

Note   Marine Order 11 (Living and working conditions on vessels) 2013 sets out the matters which must be recorded in the official log book.

[14]     Sections 19 to 21

substitute

21        Alterations

     21.1     The owner of a vessel may permit an alteration mentioned in Article 15 of the Load Lines Convention to be made to the vessel only if:

(a)   the owner applies for approval in writing to the assigning authority for the existing load line certificate, stating the nature of the alteration proposed; and

(b)   the assigning authority approves the proposed alteration; and

(c)   the alteration is in accordance with any conditions mentioned in the approval.

Penalty:    50 penalty units.

     21.2     An offence against subsection 22.1 is a strict liability offence.

     21.3     A person is liable to a civil penalty if the person contravenes subsection 22.1.

Civil penalty:        50 penalty units.

[15]     After section 22

insert

22A     Meaning of overloaded

  22A.1     For paragraph 113(a) of the Navigation Act, this section sets out the circumstances in which a vessel is overloaded.

  22A.2     A vessel is overloaded if the appropriate load line would be submerged if the vessel were floating without a list in still salt water of a specific gravity of 1.025.

  22A.3     A vessel is overloaded if:

(a)   it is engaged on, or is about to engage on, a voyage during which a load line other than the appropriate load line would, at some later time during the voyage, become the appropriate load line (the second load line); and

(b)   the second load line would be submerged if the vessel were floating without a list in still salt water of a specific gravity of 1.025 and the fuel and other material that would normally be consumed or discharged before the second load line became the appropriate load line were unloaded from the vessel.

  22A.4     A vessel is overloaded if:

(a)   it is a passenger vessel; and

(b)   the appropriate subdivision load line would be submerged if the vessel were floating without a list in still salt water of a specific gravity of 1.025.

  22A.5     For this section, the appropriate load line or appropriate subdivision load line is determined in accordance with section 23.

[16]     Section 23

substitute

23        Markings

     23.1     For paragraph 339(2)(d) of the Navigation Act, a regulated Australian vessel must be marked with:

(a)   the marks required by the Load Lines Convention; and

(b)   clearly visible draught marks in accordance with Schedule 1.

     23.2     The owner of a vessel must ensure that the marks mentioned in subsection 24.1 are maintained in a clearly visible condition.

Penalty:    50 penalty units.

     23.3     An offence against subsection 24.2 is a strict liability offence.

     23.4     A person is liable to a civil penalty if the person contravenes subsection 24.2.

Civil penalty:        50 penalty units.

[17]     After Appendix

insert

Schedule 2    Forms

Form1

 

AUSTRALIA

MO16-LL88

 

Certificate Number       

INTERNATIONAL LOAD LINE CERTIFICATE

Issued under the

INTERNATIONAL CONVENTION ON LOAD LINES, 1966

and in accordance with Assembly resolution A.718(17) relating to the early implementation of the
harmonized system of survey and certification as modified by the Protocol of 1988, under the authority of the Australian Government by the

                

(person or organisation authorised)

Particulars of ship

Name of ship

    

IMO Number

           

Port of registry

    

Length (L) as defined in article 2(8))

    

Distinctive number or letters

    

Freeboard assigned as

         

Type of ship

              

 

Freeboard from deck line                                                    Load Line

Tropical                                    mm (T)                                                        mm above (S)

Summer                                    mm (S)                                                 Upper edge of line through centre of ring

Winter                                       mm (W)                                                      mm below (S)

Winter North Atlantic            mm (WNA)                                                mm below (S)

Allowance for fresh water for all freeboards                                       mm

The upper edge of the deck line from which these freeboards are measured is      mm       deck at side.

 

 

THIS IS TO CERTIFY THAT:

1.   The ship has been surveyed in accordance with the requirements of article 14 of the Convention.

2.   The survey showed that the freeboards have been assigned and load lines shown above have been marked in accordance with the Convention:

This certificate is valid until       subject to annual surveys in accordance with article 14(1)(c) of the Convention.

 

Completion date of the survey on which this certificate is based:      .

Issued at                                                                                                            .......................................................................................

             (Place of issue of certificate)                          (Date of issue)                      (Signature of authorised official issuing the certificate)

                 

                 

Endorsements for annual surveys

THIS IS TO CERTIFY that, at an annual survey required by article 14(1)(c) of the Convention, the ship was found to comply with the relevant requirements of the Convention.

Annual survey:

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Annual survey:

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Annual survey:

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Annual survey:

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Annual survey in accordance with article 19(8)(c)

THIS IS TO CERTIFY that, at the annual survey in accordance with article 19(8)(c) of the Convention, the ship was found to comply with the relevant requirements of the Convention.

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Endorsement to extend the certificate if valid for less than 5 years where article 19(3) applies

The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance with

article 19(3) of the Convention, be accepted as valid until ....................................................................................

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Endorsement if the renewal survey has been completed and article 19(4) applies

The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance with

article 19(4) of the Convention, be accepted as valid until ....................................................................................

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace if article 19(5) or 19(6) applies

This certificate will, in accordance with article 19(5) or 19(6) of the Convention, be accepted as valid until

            

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

Endorsement for advancement of anniversary date if article 19(8) applies

In accordance with article 19(8) of the Convention:

The new anniversary date is ................................................

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

The new anniversary date is ................................................

 

Place:  Date:................................................. Signed:..............................................................

             (Signature of authorised official)

 

Form 2

 

AUSTRALIA

Certificate Number       

INTERNATIONAL LOAD LINE
EXEMPTION CERTIFICATE

Issued under the

INTERNATIONAL CONVENTION ON LOAD LINES, 1966

as modified by the Protocol of 1988,
under the authority of the Australian Government by the

                

(person or organisation recognised)

Particulars of ship

Name of ship

    

IMO Number

           

Port of registry

    

Length (L) as defined in article 2(8))

     m

Distinctive number or letters

    

 

 

THIS IS TO CERTIFY:

That the ship is exempted from the provisions of the Convention, under the authority conferred by            of the Convention.

The provisions of the Convention from which the ship is exempted under Article 6(2) are:

         

    

The voyage for which exemption is granted under Article 6(4) is:

From:                         

To:                              

Conditions, if any, on which exemption is granted under either Article 6(2) or Article 6(4):

    

This certificate is valid until       subject to annual surveys in accordance with article 14(1)(c) of the Convention.

Completion date of the survey on which this certificate is based:      .

Issued at                                                                                                             .......................................................................................

             (Place of issue of certificate)                           (Date of issue)                      (Signature of authorised official issuing the certificate)

                 

                      

 

Endorsement for annual surveys

THIS IS TO CERTIFY that, at an annual survey required by article 14(1)(c) of the Convention, the ship was found to comply with the conditions under which this exemption was granted.

 

 

Annual survey:

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Annual survey:

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Annual survey:

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Annual survey:

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

Certificate Number       

 

Annual survey in accordance with article 19(8)(c)

THIS IS TO CERTIFY that, at a survey in accordance with article 19(8)(c) of the Convention, the ship was found to comply with the relevant requirements of the Convention.

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Endorsement to extend the certificate if valid for less than 5 years and if article 19(3) applies

The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance

with article 19(3) of the Convention, be accepted as valid until ...........................................................................

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Endorsement if the renewal survey has been completed and article 19(4) applies

The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance

with article 19(4) of the Convention, be accepted as valid until ...........................................................................

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace if article 19(5) or 19(6) applies

This certificate will, in accordance with article 19(5) / 19(6) *  of the Convention, be accepted as valid

until    

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

 

Endorsement for advancement of anniversary date if article 19(8) applies

In accordance with article 19(8) of the Convention the new anniversary date is .......................................................................

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

In accordance with article 19(8) of the Convention the new anniversary date is .......................................................................

Place:  .............................................................. Date:.......................................       Signed:....................................................................

             (Signature of authorised official)

 

* Delete as appropriate

Form 3

Australian Load Line Certificate

Navigation Act 2012

Issued under the authority of the Australian Government,
by
     .

 

Name of Ship

Distinctive Number or Letters

Port of Registry

Length(L) as defined in Article 2(8)

    

    

    

    

 

Freeboard assigned as:             

Type of ship:                 

Note: Freeboards and load lines which are not applicable need not be entered on the certificate.

 

Freeboard from Deck Line                                                                               Load Line

Tropical                                             mm (T)                                                               mm above (S)

Summer                                            mm (S)                                                        Upper edge of line through centre of ring.

Winter                                                mm (W)                                                              mm below (S)

Winter North Atlantic                       mm (WNA)                                                        mm below (S)

Timber Tropical                               mm (LT)                                                             mm above (LS)

Timber Summer                              mm (LS)                                                            mm above (S)

Timber Winter                                  mm (LW)                                                           mm below (LS)

Timber Winter North Atlantic         mm (LWNA)                                                      mm below (LS)

Allowance for fresh water for all freeboards other than timber        mm

For timber freeboards       mm

The upper edge of the deck line from which these freeboards are measured is       mm        deck at side.

A_LLdiagram

Date of initial or periodical survey      

This is to certify that this ship has been surveyed and that the freeboards have been assigned and load lines shown above have been marked in accordance with the Navigation Act 2012.

Service restrictions...................................................................................................................................................................................

This certificate is valid until      , subject to periodical inspections in accordance with Marine Order 16 (Load Lines) 2004.

Issued at       Date of Issue      

The undersigned declares that he or she is duly authorised by the Australian Government to issue this certificate.

 

 

             .......................................................................................

             Delegate

 

Note 1   When a ship departs from a port situated on a river or inland waters, deeper loading will be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.

Note 2   When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown above. Where the density is other than unity, an allowance will be made proportional to the difference between 1.025 and the actual density.

 

 

This is to certify that, at a periodical inspection required by Marine Order 16 (Load Lines) 2004, this ship was found to comply with the relevant provisions of the Load Lines Convention.

 

 

Place.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          Date .. . . . . . . . . . . . . . . . . . . . . . . . . . .               
             Signature or seal, or both,  of issuing authority

 

 

 

Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         Date .. . . . . . . . . . .. . . .. . . . . . . . . . . . .
             Signature or seal, or both, of issuing authority

 

 

 

 

Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         Date .. . . . . . . . . . . . . . . . . . . . ..….. . . Signature or seal, or both, of issuing authority

 

 

 

 

Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         Date .. . . . . . . .. . . . . . . . . . . . . .. . . . . .                Signature or seal, or both, of issuing authority

 

 

Marine Order 16 (Load Lines) 2004 being fully complied with by this ship, the validity of this certificate is, in accordance with Marine Order 16 (Load Lines) 2004 or Article 19(2) of the Convention, extended
until .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         Date .. . . .. . . . . . .. . . . . . . . . . . . . . . . .
             Signature or seal, or both, of issuing authority

[18]     Further amendments

provision

omit each mention of

insert

Subsection 1.1

Part of Marine Orders

Order

Subsection 1.1

an Australian registered ship

a regulated Australian vessel

Section 3

Part

Order

Section 3

Line

Lines

Subsections 3.2 and 3.3

Inspections

Inspection and Registration

Subsection 3.3, note

survey authority

recognised organisation

Section 7

Line

Lines

Section 7

ships

vessels

Section 7

ship

vessel

Section 7

Part

Order

Section 7

221

334

Section 7A

Inspections

Inspection and Registration

Section 7A

Line

Lines

Section 8

Inspections

Inspection and Registration

Subsection 8.1

ship

vessel

Subsection 8.1

ships

vessels

Subsection 8.1

Part

Order

Paragraph 8.1(a)

Line

Lines

Paragraph 8.1(e)

the purposes of section 187C and 207 of the Navigation Act

determining overloading

Subsection 8.2

8.1

subsection 16.1

Section 10

Line

Lines

Section 12

ship

vessel

Section 12

Line

Lines

Paragraph 12(c)

Inspections

Inspection and Registration

Paragraph 12(c)

Part or another Part of Marine Orders

Order or another Order

Section 13

Line

Lines

Section 13

Inspections

Inspection and Registration

Section 13

ship

vessel

Section 13, note

Orders, Part 47 (Mobile Off‑shore Drilling Units)

Order 47 (Mobile Off‑shore Drilling Units) 2012

Subsection 15.1

ship

vessel

Subsection 15.1

Line

Lines

Subsection 15.1

provision

section

Subsection 15.1

This is a penal provision.

Penalty: 50 penalty units.

Paragraph 15.1.1(b)

8

16

Subsection 15.1.2

15.1.1

subsection 19.1.1

Subsection 15.2

ship

vessel

Subsection 15.2

survey authority

recognised organisation

Subsection 15.2

This is a penal provision.

Penalty: 50 penalty units.

Subsection 15.2.1

Line

Lines

Paragraph 15.2.1(a)

that authority

the organisation

Paragraph 15.2.1(b)

Inspections

Inspection and Registration

Paragraph 15.2.1(b)

master

master or is approved by the vessel’s flag state

Subsection 15.2.2

15.2.1

subsection 12.2.1

Section 17

ships

a vessel

Section 17

Line

Lines

Section 17

ship

vessel

Section 17

Part

Order

Section 17

survey authority

recognised organisation

Section 17

Inspections

Inspection and Registration

Paragraph 17.2.3(a)

provision 15

sections 12 and 19

Subparagraph 17.2.3(b)(ii)

provision 23

section 24

Subsection 17.3.2

17.3.3

subsection 21.3.3

Paragraph 17.3.5(a)

provision 15

sections 12 and 19

Subparagraph 17.3.5(b)(ii)

provision 23

section 24

Paragraph 17.4.2(a)

provision 15

sections 12 and 19

Subparagraph 17.4.2(b)(ii)

provision 23

section 24

Section 18

survey authority

recognised organisation

Section 18

Inspections

Inspection and Registration

Section 18

provision 15.1

section 19

Paragraph 18(b)

ship

vessel

Section 22, heading

Overloading

Appropriate load line

Section 22

ship registered in Australia

regulated Australian vessel

Section 22

the purposes of subsection 187C(5) of the Navigation Act

section 23A

Section 22

Line

Lines

Section 22

ship’s

vessel’s

Section 22

SOLAS ship registered in a country other than Australia

foreign vessel to which SOLAS applies

Subsection 22.1.1

the ship

the vessel

Subsection 22.1.1

Load Line Convention ship registered in a country other than Australia

foreign vessel to which the Load Lines Convention applies

Subsection 22.1.2

ship registered in a country other than Australia and not being a Load Line Convention ship

foreign vessel to which the Load Lines Convention does not apply

Subsection 22.1.2

a ship

a ship

Subsection 22.1.2

the ship

the ship

Subsection 22.2.1 and 22.2.2

passenger ship

passenger ship

Subsection 22.2.2

the ship

the vessel

Subsection 22.2.2

that ship

that vessel

Subsection 22.2.3

22.2.2

subsection 23.2.2

Paragraph 22.2.3(a)

ship;

vessel;

Subsection 22.2.4

22.2.1 or 22.2.2

subsection 23.2.1 or 23.2.2

Subsection 22.2.4

ship

vessel

Appendix, heading

Appendix

Schedule 1

Appendix, clauses 1 to 8

ship

vessel

Appendix, clauses 1, 2, 6 and 7

Appendix

Schedule

Appendix, subclause 2.4

2.5

subclause 2.5

Appendix, subclause 2.4

2.1

subclause 2.1

Appendix, subclause 2.4

2.2

paragraph 2.2

Appendix, paragraph 2.5(a)

2.4

subclause 2.4

Appendix, subclause 2.6

2.4

subclause 2.4

Appendix, subclause 3.1

3.2

subclauses 3.2

Appendix, subclause 3.1

2.2

paragraph 2.2

Appendix, subclause 3.2

3.1

subclause 3.1

Appendix, subclause 3.3

3.1

subclause 3.1

Appendix, subparagraph 4.1(b)(ii)

(i)

subparagraph (i)

Appendix, paragraph 4.1(c)

(a)

paragraph (a)

Appendix, subclause 4.4

2.2 (b)

paragraph 2.2(b)

Appendix, clause 5

2.2 (a)

paragraph 2.2(a)

Appendix, clauses 6 and 8

Inspections

Inspection and Registration

Appendix, clause 7, heading

ships

vessels

Appendix, subclause 7.2

2.4

subclauses 2.4

Appendix, subclause 8.2

clause

subclause

Division 2     Consequent modifications

[19]     Renumbering

for each of the following provisions, renumber and relocate as indicated the provision and renumber each subsection and heading within the provision that includes the number of the provision

provision

renumber and relocate as

Section 7A

Section 8

Section 8

Section 16

Section 11

Section 17

Section 12

Section 18

Section 13

Section 11

Section 14A

Section 15

Section 14B

Section 15A

Section 14C

Section 15B

Subsection 15.1

Section 19

Subsection 15.2

Section 12

Section 15A

Section 13

Section 15B

Section 13A

Section 15C

Section 13B

Section 16

Section 20

Section 17

Section 21

Section 18

Section 25

Section 21

Section 22

Section 22A

Section 23A

Section 22

Section 23

Section 23

Section 24

Schedule 8    Marine Orders Part 17, issue 6

(section 3)

[1]       Before section 1

insert

1A       Name of Order

                 This Order is Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006.

[2]       Section 1, note

substitute

Note   The text of Chapter VII as at 1 July 2013 is in the SOLAS Consolidated Edition 2009 published by the IMO, as amended by resolution MSC.201(81), Annex 3 of resolution MSC.216(82) and resolution MSC.256(84).

[3]       Subsection 1.2.1

substitute

    1.2.1     Subsection 98(1) of the Navigation Act provides that the regulations may make provision in relation to safety certificates.

1.2.1A     Subsection 98(2) of the Navigation Act provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS.

  1.2.1B     Paragraph 340(1)(a) of the Navigation Act also provides that the regulations may give effect to SOLAS.

[4]       After subsection 1.2.3

insert

1.2.3A     Subsection 112(6) of the Navigation Act provides that the regulations may make provision in relation to the carriage of dangerous goods.

[5]       Section 2

substitute

2          Definitions

                 In this Order:

BCH Code means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by IMO Resolution MSC.9 (53), as in force from time to time.

EGC Code means the Code for Existing Ships Carrying Liquefied Gases in Bulk adopted by IMO Resolution A.329 (IX), as in force from time to time.

GC Code means the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by IMO Resolution A.328(IX), as in force from time to time.

IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the consolidated text of which was adopted by IMO Resolution MSC.176 (79), as in force from time to time.

IGC Code means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by IMO Resolution MSC.5 (48), as in force from time to time.

relevant Code, for a vessel, means whichever of the following applies to the vessel:

(a)   the BCH Code;

(b)   the IBC Code;

(c)   the GC Code;

(d)   the EGC Code;

(e)   the IGC Code.

Note 1   A copy of each IMO resolution that adopts or amends a Code mentioned in this Order is available on AMSA’s website at http://www.amsa.gov.au.

Note 2   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         General Manager, Ship Safety Division

·         Manager, Ship Inspection and Registration

·         Manager, Ship Operations and Qualifications

·         MARPOL

·         Navigation Act

·         SOLAS.

Note 3   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         inspector

·         master

·         recognised organisation.

[6]       Subsection 3.2

omit

[7]       Sections 4 to 8

substitute

4          Application

                 This Order applies to:

(a)   a regulated Australian vessel; and

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

5          Exemptions

       5.1     A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.

       5.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

       5.3     The decision maker may give an exemption only if he or she is satisfied that:

(a)   compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and

(b)   giving the exemption would not contravene SOLAS, MARPOL or a Code mentioned in this Order.

Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:

·         making an application

·         seeking further information about an application

·         the time allowed for consideration of an application

·         imposing conditions on approval of an application

·         notification of a decision on an application

·         review of decisions.

5A       Equivalents

    5A.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.

Note   For definitions of equivalent and use, see subsection 5A.4.

    5A.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

    5A.3     The decision maker may approve use of an equivalent only if:

(a)   he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and

(b)   use of the equivalent would not contravene SOLAS, MARPOL or a Code mentioned in this Order.

    5A.4     For this section:

equivalent means:

(a)   a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or

(b)   an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order.

use, of an equivalent, includes:

(a)   fitting or carrying the equivalent in or on a vessel; and

(b)   making an alternative arrangement or following an alternative procedure.

6          Review of decisions

                 A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

Note 1    A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.

Note 2   Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 100, 101 and 102 of the Act relating to safety certificates.

7          Meaning of relevant port in sections 7A and 7B

       7.1     In sections 7A and 7B:

relevant port means:

(a)   for a regulated Australian vessel — any port; or

(b)   for a foreign vessel — a port in Australia.

7A       Safety certificate to be in force — dangerous chemicals in bulk

    7A.1     The master of a vessel must not permit dangerous chemicals in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.

Penalty:    50 penalty units.

    7A.2     An offence against subsection 7A.1 is a strict liability offence.

    7A.3     A person is liable to a civil penalty if the person contravenes subsection 7A.1.

Civil penalty:        50 penalty units.

    7A.4     The owner of a vessel must ensure that dangerous chemicals in bulk are not loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.

Penalty:    50 penalty units.

    7A.5     An offence against subsection 7A.4 is a strict liability offence.

    7A.6     A person is liable to a civil penalty if the person contravenes subsection 7A.4.

Civil penalty:        50 penalty units.

    7A.7     In this section:

appropriate safety certificate means:

(a)   for a vessel constructed before 1 July 1986 — a valid Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued in accordance with the BCH Code; and

(b)   for a vessel constructed after 30 June 1986 — a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued in accordance with the IBC Code.

7B       Safety certificate to be in force — liquefied gases in bulk

     7B.1     The master of a vessel must not permit liquefied gases in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.

Penalty:    50 penalty units.

     7B.2     An offence against subsection 7B.1 is a strict liability offence.

     7B.3     A person is liable to a civil penalty if the person contravenes subsection 7B.1.

Civil penalty:        50 penalty units.

     7B.4     The owner of a vessel must ensure that liquefied gases in bulk are not loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.

Penalty:    50 penalty units.

     7B.5     An offence against subsection 7B.4 is a strict liability offence.

     7B.6     A person is liable to a civil penalty if the person contravenes subsection 7B.4.

Civil penalty:        50 penalty units.

     7B.7     In this section:

appropriate safety certificate means:

(a)   for a vessel constructed before 1 July 1986 — either of the following:

             (i)  a valid Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, issued in accordance with the GC Code;

            (ii)  a valid Certificate of Fitness, issued in accordance with the EGC Code; and

(b)   for a vessel constructed after 30 June 1986 — a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, issued in accordance with the IGC Code.

8          General provisions about safety certificates

            Application for safety certificate

       8.1     For subsection 99(1) of the Navigation Act, the kinds of certificates mentioned in sections 7A and 7B are safety certificates.

            Issue of safety certificates

       8.2     For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a safety certificate of a kind mentioned in section 7A or 7B for a regulated Australian vessel are that:

(a)   the vessel has been surveyed in accordance with the relevant Code; and

(b)   the vessel complies with the relevant Code.

            Duration of safety certificates

       8.3     For subsection 314(3) of the Navigation Act, a safety certificate of a kind mentioned in section 7A or 7B ceases to be in force at the earliest of:

(a)   the end of the period mentioned in the certificate; or

(b)   the end of the maximum period mentioned in the relevant Code; or

(c)   when it is revoked.

            Variation of safety certificates

       8.4     For subsection 101(1) of the Navigation Act, the criteria for a variation of a safety certificate of a kind mentioned in section 7A or 7B are that:

(a)   a written application for a variation of the certificate is made to the issuing body, stating the nature of variation sought; and

(b)   the vessel has a valid safety certificate of a kind mentioned in section 7A or 7B; and

(c)   the vessel complies with the survey requirements of the relevant Code; and

(d)   the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and

(e)   the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration.

            Revocation of safety certificates

       8.5     For section 102 of the Navigation Act, the criteria for revocation of a safety certificate of a kind mentioned in section 7A or 7B are that:

(a)   the vessel does not comply with the relevant Code; or

(b)   the surveys required by the relevant Code are not completed within the periods specified in the relevant Code; or

(c)   the certificate is not endorsed in accordance with the relevant Code; or

(d)   the vessel ceases to be registered in Australia.

[8]       Subsections 9.1 and 9.2

substitute

9.1       Vessels to be operated in accordance with relevant Code

       9.1     The owner of a vessel to which a relevant Code applies must ensure that the vessel is operated at all times in accordance with the relevant Code.

Penalty:    50 penalty units.

       9.2     An offence against subsection 9.1 is a strict liability offence.

    9.2A     A person is liable to a civil penalty if the person contravenes subsection 9.2.

Civil penalty:        50 penalty units.

     9.2B     The master of a vessel to which a relevant Code applies must ensure that the vessel is operated at all times in accordance with the relevant Code.

Penalty:    50 penalty units.

     9.2C     An offence against subsection 9.2B is a strict liability offence.

    9.2D     A person is liable to a civil penalty if the person contravenes subsection 9.2B.

Civil penalty:        50 penalty units.

[9]       Subsections 9.3.2 and 9.3.3

substitute

    9.3.2     If an inspector gives a direction under subsection 9.3.1, a person must not resume or commence the loading or unloading operation until the inspector tells the person that the inspector satisfied that the operation is safe and the direction is withdrawn.

Penalty:    50 penalty units.

    9.3.3     An offence against subsection 9.3.2 is a strict liability offence.

    9.3.4     A person is liable to a civil penalty if the person contravenes subsection 9.3.2.

Civil penalty:        50 penalty units.

[10]     Further amendments

provision

omit each mention of

insert

Subsection 1.1

Part of Marine Orders

Order

Subsection 1.1

ships

vessels

Subsection 1.2.2

Section 267P

Paragraph 340(1)(c)

Subsection 1.2.3

Section 257

Paragraph 112(5)(a)

Subsection 1.2.3

ships

vessels

Subsection 1.2.4

425 (1)

339(1)

Subsection 1.2.5

425 (1AA)

342(1)

Subsection 3.1

Part

Order

Subsection 3.1

Inspections

Inspection and Registration

Subsection 9.3, heading

Surveyor

Inspector

Subsection 9.3

a surveyor

an inspector

Subsection 9.3

the surveyor

the inspector

Subsection 9.3.1

Part

Order

Subsection 9.4.1

9.3.1

subsection 9.3.1

Subsection 9.4.1

9.3.2

subsection 9.3.2

Subsection 9.4.2

9.4.1

subsection 9.4.1

Section 9.4

Inspections

Inspection and Registration

Subsection 9.4.1

a surveyor

an inspector

Paragraph 9.4.1(c)

ship

vessel

Subsection 9.4.2

surveyor’s

inspector’s

Schedule 9    Marine Orders Part 18, issue 4

(section 3)

[1]       Before section 1

insert

1A       Name of Order

                 This Order is Marine Order 18 (Measures to enhance maritime safety) 2009.

[2]       Subclauses 1.2.1 and 1.2.2

substitute

    1.2.1     Paragraph 98(2)(a) of the Navigation Act provides for regulations to give effect to SOLAS.

    1.2.2     Subsection 98(3) of the Navigation Act provides for regulations about vessels included in a particular class requiring safety certificates of specified kinds, including certificates relating to survey, construction, machinery and equipment and other matters relating to the survey of vessels.

[3]       Subclause 1.2.4

substitute

    1.2.4     Subsection 342(1) of the Navigation Act provides that AMSA may make orders with respect to any matter for which provision must or may be made by the regulations.

[4]       Section 2

substitute

2          Definitions

                 In this Order:

                 Continuous Synopsis Record means the document issued by AMSA in accordance with Regulation 5 of Chapter XI-1 of SOLAS.

home port, for a vessel, has the same meaning as in regulation 2 of the Shipping Registration Regulations 1981 for a ship.

official number, for a registered vessel, has the same meaning as in regulation 2 of the Shipping Registration Regulations 1981 for a registered ship.

Registrar of Ships means the Registrar or a Deputy Registrar as defined in section 3 of the Shipping Registration Act 1981.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         Australian General Shipping Register

·         Australian International Shipping Register

·         Manager, Ship Inspection and Registration

·         SOLAS.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         inspector

·         owner

·         regulated Australian vessel.

[5]       Subsection 3.4

omit

[6]       Subsection 4.1

substitute

       4.1     Subject to subsections 4.2 and 4.3, this Order applies to each of the following vessels:

(a)   a regulated Australian vessel;

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

    4.1A     However, this Order does not apply to:

(a)   a fishing vessel; or

(b)   a vessel to which SOLAS applies to the extent that the vessel complies with Chapter XI-1 of SOLAS.

[7]       Sections 5 and 6

substitute

5          Exemptions

       5.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.

       5.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

       5.3     The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:

(a)   compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and

(b)   giving the exemption would not contravene SOLAS.

Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:

·         making an application

·         seeking further information about an application

·         the time allowed for consideration of an application

·         imposing conditions on approval of an application

·         notification of a decision on an application

·         review of decisions.

6          Equivalents

       6.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.

Note   For definitions of equivalent and use, see subsection 6.4.

       6.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

       6.3     The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:

(a)    use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and

(b)   approving use of the equivalent would not contravene SOLAS.

       6.4     For this provision:

equivalent means:

(a)   a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or

(b)   an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order.

use, of an equivalent, includes:

(a)   fitting or carrying the equivalent in or on a vessel; and

(b)   making an alternative arrangement or following an alternative procedure.

[8]       Section 9

substitute

9          Registered owner identification number

                 Regulation 3-1 of Chapter XI-1 of SOLAS has effect in relation to the person with overall general control and management of the vessel and the registered owner of each vessel engaged on overseas voyages.

[9]       Subsection 10.1

substitute

10.1     Inspection of vessels

                 If an inspector considers that the master is, or other seafarers of a vessel in a port in Australia are, not familiar with essential onboard procedures relating to the safety of vessels, the inspector may inspect the vessel.

[10]     Subsection 10.2.3

substitute

  10.2.3     The master of a vessel must comply with an order under subsection 10.2.1.

Penalty:    50 penalty units.

  10.2.4     An offence against subsection 10.2.3 is a strict liability offence.

  10.2.5     A person is liable to a civil penalty if the person contravenes subsection 10.2.3.

Civil penalty:        50 penalty units.

[11]     Subsection 11.1

substitute

11.1     Requirement for Continuous Synopsis Record

  11.1.1     The owner of a regulated Australian vessel must ensure that a Continuous Synopsis Record:

(a)   is kept on board the vessel; and

(b)   is available for inspection at all times; and

(c)   for a vessel constructed before 1 July 2004 — includes the history of the vessel from 1 July 2004.

Penalty:    50 penalty units.

Note   The Continuous Synopsis Record of a vessel registered overseas is subject to inspection in Australia as part of AMSA’s port State control procedures.

  11.1.2     An offence against subsection 11.1.1 is a strict liability offence.

  11.1.3     A person is liable to a civil penalty if the person contravenes subsection 11.1.1.

Civil penalty:        50 penalty units.

[12]     Subsection 11.3.1

substitute

11.3.1       Subsection 11.3.1A applies if a fact about which there is information in the Continuous Synopsis Record for a regulated Australian vessel changes.

11.3.1A    The owner of the vessel must, in writing, tell the Registrar of Ships about any change or addition required to the information in the Continuous Synopsis Record to deal with the change within 14 days after the changes was made.

Penalty:    50 penalty units.

Note   A form for providing information about changes to the Continuous Synopsis Record is available on the AMSA web site at http://www.amsa.gov.au.

11.3.1B    An offence against subsection 11.3.1A is a strict liability offence.

11.3.1C    A person is liable to a civil penalty if the person contravenes subsection 11.3.1A.

Civil penalty:        50 penalty units

[13]     Subsection 11.3.3

substitute

  11.3.3     The owner of a vessel who receives an amended Continuous Synopsis Record must arrange for it to be attached to the superseded Continuous Synopsis Record within 14 days after receiving the amended record.

Penalty:    50 penalty units.

11.3.3A    An offence against subsection 11.3.3 is a strict liability offence.

11.3.3B    A person is liable to a civil penalty if the person contravenes subsection 11.3.3.

Civil penalty:        50 penalty units.

[14]     Subsection 11.4

substitute

11.4     Vessel ceasing to be registered in Australia

  11.4.1     The owner of a vessel that is no longer to be registered on the Australian General Shipping Register or the Australian International Shipping Register and has been registered on the register of a country other than Australia must, within 14 days after the vessel was registered on the other country’s register, tell the Registrar of Ships in writing:

(a)   the name of the  new country of registration; and

(b)   if known — the name and registered address of the entity that will operate the vessel under the new flag.

Penalty:    50 penalty units.

  11.4.2     An offence against subsection 11.4.1 is a strict liability offence.

  11.4.3     A person is liable to a civil penalty if the person contravenes subsection 11.4.1.

Civil penalty:        50 penalty units.

[15]     Further amendments

provision

omit each mention of

insert

Subsection 1.1

Part of Marine Orders

Order

Subsection 1.1

ships

vessels

Subsection 1.1

international

overseas

Subsection 1.2.3

425(1)

339(1)

Section 3

Part

Order

Subsections 3.2, 4.2, 4.3, 10.2.1 and 10.2.2

ship

vessel

Subsection 3.3

Inspections

Inspection and Registration

Subsection 4.2

Part

Order

Subsection 4.2

Provision

section

Subsection 4.3

Provision

Section

Section 7, note

ships

vessels

Sections 8 and 10

ship

vessel

Subsection 10.2, heading

ships

vessels

Subsection 10.2.1

A surveyor

An inspector

Subsection 10.2.1

10.1

subsection 10.1

Subsection 10.2.2

surveyor

inspector

Subsection 11.2.1

the ship

the vessel

Subsections 11.2.2, 11.2.3, 11.3.1, 11.3.2, 11.3.3 and 11.4

ship

vessel

Paragraph 11.2.1(a)

11.2.2

subsection 11.2.2

Paragraph 11.2.1(a)

an Australian registered ship

a regulated Australian vessel

Paragraphs 11.2.1(a) and 11.2.2(g)

Company operating

owner of

Subsection 11.2.2, note

download

downloaded

Paragraph 11.2.2(h)

classification societies

recognised organisations

Paragraphs 11.2.2(i) and (j)

organization

organisation

Subsection 11.2.3

11.2.2

subsection 11.2.2

Subsections 11.2.4 and 11.3.2

Registrar of ships

Registrar of Ships

Paragraph 11.3.2(a)

11.3.1

subsection 11.3.1A

Schedule 10  Marine Orders Part 19, issue 4

(section 3)

[1]       Section 1

substitute

1          Name of Order

                 This Order is Marine Order 19 (Tonnage measurement) 2003.

1A       Purpose

                 This Order gives effect to the Tonnage Convention.

1B       Power

     1B.1     Paragraph 153(1)(a) of the Navigation Act provides that regulations may make provision giving effect to the Tonnage Convention.

     1B.2     Subsection 153(2) of the Navigation Act provides that regulations may provide for assigning tonnages to vessels and measuring of tonnage of vessels.

     1B.3     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Navigation Act.

     1B.4     Subsection 342(1) of the Navigation Act provides for the making of orders for anything that can be made by the regulations.

[2]       Section 2, heading

substitute

2          Definitions

                 In this Order:

[3]       Section 2, definitions of AMSA, Australian Register of Ships, Chief Marine Surveyor, General Manager, IMO, MARPOL, passenger certificate, penal provision, Safety Convention, survey authority and Tonnage Measurement Convention

omit

[4]       Section 2, at the foot

insert

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         Australian General Shipping Register

·         Australian International Shipping Register

·         General Manager, Ship Safety Division

·         IMO

·         Manager, Ship Inspection and Registration

·         SOLAS.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         recognised organisation

·         regulated Australian vessel

·         Tonnage Convention.

[5]       Subsection 3.4

omit

[6]       Sections 4 and 5

substitute

4          Application

                 This Order applies to each of the following vessels:

(a)   a vessel to which the Tonnage Convention applies;

(b)   a vessel for which application is made for measurement for tonnage in accordance with this Order;

(c)   a vessel to which section 159 of the Navigation Act applies;

(d)   a vessel to which section 319 of the Navigation Act applies.

5          Review of decisions

                 A decision made under this Order by the Manager, Ship Inspection and Registration is a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

[7]       Subsection 7.1, footnote 5

substitute as note to subsection 7.1

Note   The tonnage measurement function has generally been delegated to recognised organisations. The Manager, Ship Inspection and Registration may be able to advise on the operation of the function.

[8]       After subsection 7.2.1

insert

7.2.1A     An offence against subsection 7.2.1 is a strict liability offence.

  7.2.1B     A person is liable to a civil penalty if the person contravenes subsection 7.2.1.

Civil penalty:        50 penalty units.

[9]       After subsection 7.2.3

insert

    7.2.4     An offence against subsection 7.2.3 is a strict liability offence.

    7.2.5     A person is liable to a civil penalty if the person contravenes subsection 7.2.3.

Civil penalty:        50 penalty units.

[10]     Subsection 8.1

substitute

Australian Tonnage Certificate

       8.1     A tonnage certificate issued under section 155 of the Navigation Act is to be accordance with the form set out in Schedule 1.

Note   A tonnage certificate issued for a vessel constructed or adapted for the carriage of oil in bulk will be marked, if appropriate, to indicate the total tonnage of segregated ballast tanks. On request, AMSA will mark a tonnage certificate issued for an open-top container vessel with the reduced gross tonnage obtained by applying the formula set out in IMO Circular TM.5/Circ.4.

[11]     Subsection 8.2.3

omit

Register of Ships,

insert

General Shipping Register or the Australian International Shipping Register,

[12]     Subsection 8.3

substitute

Revocation of tonnage certificates

       8.3     A certificate mentioned in subsection 8.2 that ceases to be valid is taken to be revoked.

[13]     Other amendments

provision

omit each mention of

insert

Section 2, definition of repealed regulations

17 July 1994;

17 July 1994.

Section 2, definition of tonnage of a ship

ship

vessel

Section 2, definition of tonnage of a ship

Part

Order

Section 3

Part

Order

Subsection 3.1

Tonnage Measurement

Tonnage

Subsection 3.2

ship

vessel

Subsection 6.1

6.2

subsections 6.2

Subsection 6.1

ship

vessel

Subsection 6.1

Tonnage Measurement

Tonnage

Paragraphs 6.1(a) and (b)

1912

2012

Paragraph 6.1(c)

Part of Marine Orders

Marine Order

Paragraph 6.1(e)

an Australian registered ship,

a vessel to which this Order applies;

Subsection 6.2

ship

vessel

Subsection 6.3

Chief Marine Surveyor

Manager, Ship Inspection and Registration

Subsection 6.3

Tonnage Measurement

Tonnage

Paragraph 6.3(b)

ships

vessels

Subsections 6.4 and 7.1

ship

vessel

Subsection 7.1

survey authority

recognised organisation

Subsection 7.2

ship

vessel

Subsection 7.2

ship’s

vessel’s

Subsection 7.2.1

Part

Order

Subsection 7.2.1

This is a penal provision

Penalty:   50 penalty units.

Subsection 7.2.1

survey authority

recognised organisation

Subsection 7.2.3

Chief Marine Surveyor

Manager, Ship Inspection and Registration

Subsection 7.2.3

This is a penal provision

Penalty:   50 penalty units.

Subsection 8.2

ship

vessel

Subsections 8.2.1, 8.2.2 and 8.2.3

subparagraph 405F (a)(i) of the Navigation Act 1912

section 155 of the Navigation Act

Subsections 8.2.1 and 8.2.2

Tonnage Measurement

Tonnage

Subsection 8.2.4

subparagraph 405F (a)(ii) or paragraph 405F (b) of the Navigation Act 1912

section 155 of the Navigation Act

Subsection 8.2.5

7.2.1

subsection 7.2.1

Appendix, heading

Appendix

Schedule 1

Appendix

Orders, Part 19 (Tonnage Measurement)

Order 19 (Tonnage measurement) 2003

Appendix

ship

vessel

Appendix

ship

vessel

Appendix

SHIP

VESSEL

Appendix

19..........

20........

Schedule 11  Marine Orders Part 21, issue 8

(section 3)

[1]       Subsection 4.2, table, items 1, 5 and 6

omit

[2]       Section 5

substitute

5          Power

       5.1     Subsection 51(1) of the Navigation Act provides for regulations to prescribe matters to consider in determining a minimum complement of seafarers.

       5.2     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

       5.3     Paragraph 339(2)(c) of the Navigation Act provides for regulations to be made for operating, maintaining, checking and testing machinery and equipment.

       5.4     Paragraph 339(2)(f) of the Navigation Act provides for regulations to be made for operating watertight doors.

       5.5     Paragraph 339(2)(l) of the Navigation Act provides for regulations to be made for logbooks.

       5.6     Paragraph 339(2)(m) of the Navigation Act provides for regulations to be made for records relating to compliance with the Act.

       5.7     Paragraph 340(1)(a) of the Navigation Act provide for the regulations to give effect to SOLAS.

       5.8     Section 342 of the Navigation Act provides for the making of orders for any matter for which the regulations can provide.

[3]       Section 6, definition of approved

substitute

approved means approved by:

(a)   for a regulated Australian vessel — the issuing body; or

(b)   for a foreign vessel — the administration of the country of registry of the vessel; or

(c)   for a training course — the Manager, Ship Operations and Qualifications.

[4]       Section 6, definition of STCW Code

omit

[5]       Section 6, note 1

omit

·         Marine Order

[6]       Section 6, note 2

substitute

Note 2   Other terms used in this Order have the same meaning as in the Navigation Act, including:

·         AMSA

·         Marine Order

·         recognised organisation

·         STCW Convention.

[7]       Section 6, note 4

omit

[8]       Paragraphs 8(1)(a) and (b)

substitute

(a)   a regulated Australian vessel;

(b)   a foreign vessel that is:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia other than in the course of innocent passage.

[9]       Subsection 8.3

substitute

       8.3     A provision of this Order giving effect to a provision of Chapter V of SOLAS applies to the following vessels, except to the extent that a law of a State or the Northern Territory gives effect to the provision for the vessel:

(a)   a vessel proceeding on a voyage other than an overseas voyage;

(b)   a domestic commercial vessel.

[10]     Section 11

substitute

11        Review of decisions

                 A decision under this Order other than section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

Note   For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act.

[11]     Section 13

omit

[12]     After section 14

insert

     14.2     An offence against subsection 14.1 is a strict liability offence.

     14.3     A person is liable to a civil penalty if the person contravenes subsection 14.1.

Civil penalty:        50 penalty units.

[13]     Section 15

substitute

15        Manning of vessels

     15.1     For subsection 51(2) of the Navigation Act, AMSA must have regard to IMO Resolution A.1047 (27) Principles of minimum safe manning.

     15.2     For paragraph 340(1)(a) of the Navigation Act, the owner of a vessel to which Regulation 14 of Chapter V of SOLAS applies must ensure that the safe manning document for the vessel is kept on board the vessel and is available for inspection.

Penalty:    50 penalty units.

     15.3     An offence against subsection 15.2 is a strict liability offence.

     15.4     A person is liable to a civil penalty if the person contravenes subsection 15.2.

Civil penalty:        50 penalty units.

     15.5     For paragraph 340(1)(a) of the Navigation Act, the owner of a vessel to which Regulation 14 of Chapter V of SOLAS applies must:

(a)   determine the working language of the vessel; and

(b)   ensure that paragraph 3 of Regulation 14 of Chapter V of SOLAS is complied with.

Penalty:    50 penalty units.

     15.6     An offence against subsection 15.5 is a strict liability offence.

     15.7     A person is liable to a civil penalty if the person contravenes subsection 15.5.

Civil penalty:        50 penalty units.

     15.8     In this section:

safe manning document means:

(a)   a determination made under subsection 51(1) of the Navigation Act; or

(b)   a minimum safe manning document or equivalent mentioned in Regulation 14 of Chapter V of SOLAS.

 [14]    After subsection 17.2

insert

  17.2A     An offence against subsection 17.2 is a strict liability offence.

   17.2B     A person is liable to a civil penalty if the person contravenes subsection 17.2.

Civil penalty:        50 penalty units.

[15]     After subsection 18.2

insert

     18.3     An offence against subsection 18.1 or 18.2 is a strict liability offence.

     18.4     A person is liable to a civil penalty if the person contravenes subsection 18.1 or 18.2.

Civil penalty:        50 penalty units.

[16]     After subsection 19.1

insert

  19.1A     An offence against subsection 19.1 is a strict liability offence.

   19.1B     A person is liable to a civil penalty if the person contravenes subsection 19.1.

Civil penalty:        50 penalty units.

[17]     After subsection 20.3

insert

     20.4     An offence against subsection 20.2 or 20.3 is a strict liability offence.

     20.5     A person is liable to a civil penalty if the person contravenes subsection 20.2 or 20.3.

Civil penalty:        50 penalty units.

[18]     After subsection 24.2

insert

     24.3     An offence against subsection 24.1 or 24.2 is a strict liability offence.

     24.4     A person is liable to a civil penalty if the person contravenes subsection 24.1 or 24.2.

Civil penalty:        50 penalty units.

[19]     After subsection 25.4

insert

     25.5     An offence against subsection 25.1, 25.2 or 25.4 is a strict liability offence.

     25.6     A person is liable to a civil penalty if the person contravenes subsection 25.1, 25.2 or 25.4.

Civil penalty:        50 penalty units.

[20]     After subsection 28.7

insert

     28.8     An offence against subsection 28.1, 28.6 or 28.7 is a strict liability offence.

     28.9     A person is liable to a civil penalty if the person contravenes subsection 28.1, 28.6 or 28.7.

Civil penalty:        50 penalty units.

[21]     After section 31

insert

     31.2     An offence against subsection 31.1 is a strict liability offence.

     31.3     A person is liable to a civil penalty if the person contravenes subsection 31.1.

Civil penalty:        50 penalty units.

[22]     After subsection 34.3

insert

     34.4     An offence against subsection 34.3 is a strict liability offence.

     34.5     A person is liable to a civil penalty if the person contravenes subsection 34.3.

Civil penalty:        50 penalty units.

[23]     After subsection 36.1

insert

  36.1A     An offence against subsection 36.1 is a strict liability offence.

   36.1B     A person is liable to a civil penalty if the person contravenes subsection 36.1.

Civil penalty:        50 penalty units.

[24]     After subsection 37.2

insert

     37.3     An offence against subsection 37.1 or 37.2 is a strict liability offence.

     37.4     A person is liable to a civil penalty if the person contravenes subsection 37.1 or 37.2.

Civil penalty:        50 penalty units.

[25]     Section 39

omit

This is a penal provision.

[26]     After subsection 40.2

insert

  40.2A     An offence against subsection 40.2 is a strict liability offence.

   40.2B     A person is liable to a civil penalty if the person contravenes subsection 40.2.

Civil penalty:        50 penalty units.

[27]     After subsection 41.3

insert

     41.4     An offence against subsection 41.2 or 41.3 is a strict liability offence.

     41.5     A person is liable to a civil penalty if the person contravenes subsection 41.2 or 41.3.

Civil penalty:        50 penalty units.

[28]     After section 44

insert

     44.2     An offence against subsection 44.1 is a strict liability offence.

     44.3     A person is liable to a civil penalty if the person contravenes subsection 44.1.

Civil penalty:        50 penalty units.

[29]     After section 46

insert

     46.2     An offence against subsection 46.1 is a strict liability offence.

     46.3     A person is liable to a civil penalty if the person contravenes subsection 46.1.

Civil penalty:        50 penalty units.

[30]     After subsection 47.3

insert

     47.4     An offence against subsection 47.1, 47.2 or 47.3 is a strict liability offence.

     47.5     A person is liable to a civil penalty if the person contravenes subsection 47.1, 47.2 or 47.3.

Civil penalty:        50 penalty units.

[31]     After subsection 48.1

insert

  48.1A     An offence against subsection 48.1 is a strict liability offence.

   48.1B     A person is liable to a civil penalty if the person contravenes subsection 48.1.

Civil penalty:        50 penalty units.

[32]     After subsection 49.2

insert

     49.3     An offence against subsection 49.2 is a strict liability offence.

     49.4     A person is liable to a civil penalty if the person contravenes subsection 49.2.

Civil penalty:        50 penalty units.

[33]     After subsection 50.4

insert

     50.5     An offence against subsection 50.1, 50.2, 50.3 or 50.4 is a strict liability offence.

     50.6     A person is liable to a civil penalty if the person contravenes subsection 50.1, 50.2, 50.3 or 50.4.

Civil penalty:        50 penalty units.

[34]     After section 51

insert

     51.2     An offence against subsection 51.1 is a strict liability offence.

     51.3     A person is liable to a civil penalty if the person contravenes subsection 51.1.

Civil penalty:        50 penalty units.

[35]     Subsections 55.5, 55.6 and 55.7

omit

This is a penal provision.

[36]     After subsection 56.1

insert

  56.1A     An offence against subsection 56.1 is a strict liability offence.

  56.2A     A person is liable to a civil penalty if the person contravenes subsection 56.1.

Civil penalty:        50 penalty units.

[37]     After subsection 57.3

insert

  57.3A     An offence against subsection 57.1 or 57.3 is a strict liability offence.

   57.3B     A person is liable to a civil penalty if the person contravenes subsection 57.1 or 57.3.

Civil penalty:        50 penalty units.

[38]     After subsection 58.3

insert

     58.4     An offence against subsection 58.1 or 58.3 is a strict liability offence.

     58.5     A person is liable to a civil penalty if the person contravenes subsection 58.1 or 58.3.

Civil penalty:        50 penalty units.

[39]     After subsection 59.3

insert

     59.4     An offence against subsection 59.3 is a strict liability offence.

     59.5     A person is liable to a civil penalty if the person contravenes subsection 59.3.

Civil penalty:        50 penalty units.

[40]     After subsection 60.2

insert

  60.2A     An offence against subsection 60.1 or 60.2 is a strict liability offence.

   60.2B     A person is liable to a civil penalty if the person contravenes subsection 60.1 or 60.2.

Civil penalty:        50 penalty units.

[41]     After subsection 61.6

insert

     61.7     An offence against subsection 61.1, 61.2 or 61.6 is a strict liability offence.

     61.8     A person is liable to a civil penalty if the person contravenes subsection  61.1, 61.2 or 61.6.

Civil penalty:        50 penalty units.

[42]     After subsection 62.2

insert

     62.3     An offence against subsection 62.1 or 62.2 is a strict liability offence.

     62.3     A person is liable to a civil penalty if the person contravenes subsection  62.1 or 62.2.

Civil penalty:        50 penalty units.

[43]     After section 63

insert

     63.2     An offence against subsection 63.1 is a strict liability offence.

     63.3     A person is liable to a civil penalty if the person contravenes subsection 63.1.

Civil penalty:        50 penalty units.

[44]     After subsection 64.3

insert

  64.3A     An offence against subsection 64.2 or 64.3 is a strict liability offence.

   64.3B     A person is liable to a civil penalty if the person contravenes subsection  64.2 or 64.3.

Civil penalty:        50 penalty units.

[45]     After subsection 65.2

insert

     65.3     An offence against subsection 65.1 or 65.2 is a strict liability offence.

     65.4     A person is liable to a civil penalty if the person contravenes subsection  65.1 or 65.2.

Civil penalty:        50 penalty units.

[46]     After section 66.2

insert

     66.3     An offence against subsection 66.2 is a strict liability offence.

     66.4     A person is liable to a civil penalty if the person contravenes subsection 66.2.

Civil penalty:        50 penalty units.

[47]     After section 67.5

insert

     67.6     An offence against subsection 67.5 is a strict liability offence.

     67.7     A person is liable to a civil penalty if the person contravenes subsection 67.5.

Civil penalty:        50 penalty units.

[48]     After subsection 68.3

insert

     68.4     An offence against subsection 68.2 or 68.3 is a strict liability offence.

     68.5     A person is liable to a civil penalty if the person contravenes subsection 68.2 or 68.3.

Civil penalty:        50 penalty units.

[49]     After section 69

insert

     69.2     An offence against subsection 69.1 is a strict liability offence.

     69.3     A person is liable to a civil penalty if the person contravenes subsection 69.1.

Civil penalty:        50 penalty units.

[50]     Other amendments

provision

omit each mention of

insert

Section 1

21, issue 8

21 (Safety of navigation and emergency procedures) 2012

Subsection 4.2

Section 232

Subparagraph 339(2)(b)(iii) and paragraph 339(2)(c)

Subsection 4.2

Equipping ships with compasses, and examination and adjustment of compasses on ships

Compasses and the examination and adjustment of compasses on vessels

Subsection 4.2

235

125

Subsection 4.2

269A(1)

187(1)

Section 6, definition of closing appliance

ship

vessel

Section 6, definition of coast radio station

ships

vessels

Section 6, definitions of radio station and ship radio station

ship

vessel

Section 6, definition of signal station

ships

vessels

Section 6, definitions of survival craft and tanker

ship

vessel

Section 6, note 1

(Administration)

(Administration) 2011

Section 6, note 1

·         AMSA

 

·         Australian fishing vessel

 

Subsection 8.1

ships

vessels

Subsection 8.2

Safety Convention ship registered in a country other than Australia

foreign vessel to which SOLAS applies

Subsection 8.4

ships

vessels

Subsection 9.1

Orders Part 21, issue 7

Order 21 (Safety of navigation and emergency procedures) 2012

Subsection 10.1

(Administration)

(Administration) 2011

Subsection 10.2

ship or class of ships

vessel or class of vessels

Subsection 10.4

ship

vessel

Subsection 10.4, note

(Administration)

(Administration) 2011

Section 12

ship

vessel

Section 14

The

14.1      The

Section 14

ship

vessel

Section 14

This is a penal provision.

Penalty:    50 penalty units.

Sections 16 and 17

ship

vessel

Section 17

This is a penal provision.

Penalty:    50 penalty units.

Section 18

ship

vessel

Section 18

This is a penal provision.

Penalty:    50 penalty units.

Section 19

ship

vessel

Subsection 19.1

This is a penal provision.

Penalty:    50 penalty units.

Subsections 19.2 and 19.3

ship’s

vessel’s

Subsection 19.3

A surveyor

An inspector

Paragraph 19.3(b)

surveyor

inspector

Section 20

ship

vessel

Subsection 20.2 and 20.3

This is a penal provision.

Penalty:    50 penalty units.

Section 21

ship

vessel

Paragraph 21.4(a)

an approved surveyor

the issuing body

Sections 22, 23 and 24

ship

vessel

Subsections 24.1 and 24.2

This is a penal provision.

Penalty:    50 penalty units.

Section 25

ship

vessel

Section 25

This is a penal provision.

Penalty:    50 penalty units.

Subsection 25.3

A surveyor

An inspector

Section 26

ship

vessel

Section 26

ship’s

vessel’s

Sections 27 and 28

ship

vessel

Section 28

ship’s

vessel’s

Section 28

This is a penal provision.

Penalty:    50 penalty units.

Subsection 28.1

crew

seafarers

Subsection 28.2

ships

vessels

Section 29, 30 and 31

ship

vessel

Subparagraph 29.2(b)(iii)

ship’s

vessel’s

Subsection 29.5

sections

subsections

Section 31

The

31.1      The

Section 31

This is a penal provision.

Penalty:    50 penalty units.

Section 32

ship

vessel

Section 33

ship

vessel

Section 33 and 34

ships

vessels

Subsection 33.1

(Administration)

(Administration) 2011

Section 34

Cancellation

Revocation

Section 34

cancel

revoke

Section 34

cancels

revokes

Section 34

cancellation

revocation

Section 34

cancelled

revoked

Subsection 34.3

This is a penal provision.

Penalty:    50 penalty units.

Section 35

paragraph 269A(1)(b)

subparagraph 187(1)(b)(ii)

Sections 35 and 36

ship

vessel

Subsection 36.1

This is a penal provision.

Penalty:    50 penalty units.

Paragraph 36.3(a)

paragraph

subsection

Section 37

ship

vessel

Section 37

This is a penal provision.

Penalty:    50 penalty units.

Sections 39 and 40

ship

vessel

Subsection 40.1

For subsection 229(1) of the Navigation Act, the

The

Subsection 40.2

This is a penal provision.

Penalty:    50 penalty units.

Sections 41 and 42

ship

vessel

Section 41

This is a penal provision.

Penalty:    50 penalty units.

Section 43

For subsection 229(1) of the Navigation Act, the

The

Section 43

Orders, Part 30 (Prevention of Collisions)

Order 30 (Prevention of collisions) 2009

Section 44

A

44.1         A

Section 44

This is a penal provision.

Penalty:    50 penalty units.

Sections 45, 46, 47 and 48

ship

vessel

Paragraph 45(c)

ship’s

vessel’s

Section 46

The

46.1      The

Section 46

This is a penal provision.

Penalty: 50 penalty units.

Section 47

This is a penal provision.

Penalty:    50 penalty units.

Subsection 48.1

This is a penal provision.

Penalty:    50 penalty units.

Paragraph 48(2)(b)

ships

vessels

Section 49

ship

vessel

Subsection 49.2

This is a penal provision.

Penalty:    50 penalty units.

Section 50

ship

vessel

Section 50

This is a penal provision.

Penalty:    50 penalty units.

Section 51

The

51.1      The

Section 51

ship

vessel

Section 51

This is a penal provision.

Penalty:    50 penalty units.

Section 52

crew

seafarers

 

Section 52

ship

vessel

Section 52

ship’s

vessel’s

Section 53

ship’s

vessel’s

 

Subsection 53.2

a ship

a vessel

 

Subsection 53.2

crew

seafarers

 

Subsection 53.3

ship

vessel

 

Paragraph 53.3(c)

crew members

seafarers

 

Subsection 54.1

a ship

a vessel

 

Subsection 54.2

the ship

the vessel

 

Section 55

ship

vessel

 

Subsection 55.3

ship’s

vessel’s

 

Subsection 55.5

(Equipment — life-saving)

(Equipment — life-saving) 2009

 

Subsection 55.6

crew

seafarers

 

Subsection 55.7

crew carries

seafarers carry

 

Section 56

ship

vessel

 

Subsection 56.1

This is a penal provision.

Penalty:    50 penalty units.

 

Paragraph 56.4(a)

crew member

seafarer

 

Subsection 56.5

crew members

seafarers

 

Subsection 56.6

crew

seafarers

 

Section 57, heading

owner, master and crew

owner and seafarers

 

Section 57

ship

vessel

 

Section 57

ship’s

vessel’s

 

Subsection 57.1

This is a penal provision.

Penalty:    50 penalty units.

 

Subsection 57.2

crew members

seafarers

 

Paragraph 57.2(c)

crew member for the crew member’s

seafarer for the seafarer’s

 

Subsection 57.3

This is a penal provision.

Penalty:    50 penalty units.

 

Paragraph 57.3(b)

members of the crew

seafarers

 

Subsection 57.4

member of a ship’s crew

seafarer

 

Subdivision 7.1, heading

ships

vessels

 

Section 58

ship

vessel

 

Subsection 58.1

This is a penal provision.

Penalty:    50 penalty units.

 

Subsection 58.3

This is a penal provision.

Penalty:    50 penalty units.

 

Section 59

ship

vessel

 

Subsection 59.3

This is a penal provision.

Penalty:    50 penalty units.

 

Section 60

ship

vessel

 

Subsection 60.1

This is a penal provision.

Penalty:    50 penalty units.

 

Section 61

ship

vessel

 

Subsections 61.1, 61.2 and 61.6

This is a penal provision.

Penalty:    50 penalty units.

 

Subsection 62.1

ship

vessel

 

Subsections 62.1 and 62.2

This is a penal provision.

Penalty:    50 penalty units.

 

Section 63

ship

vessel

 

Section 63

The

63.1      The

Section 63

This is a penal provision.

Penalty:    50 penalty units.

Section 64

ship

vessel

 

Subsections 64.2 and 64.3

This is a penal provision.

Penalty:    50 penalty units.

 

Section 65

ship

vessel

 

Subsections 65.1 and 65.2

This is a penal provision.

Penalty:    50 penalty units.

 

Section 66

ship

vessel

 

Subsection 66.2

This is a penal provision.

Penalty:    50 penalty units.

 

Section 67

ship

vessel

 

Subsection 67.5

This is a penal provision.

Penalty:    50 penalty units.

 

Section 68

ship

vessel

 

Subsections 68.2 and 68.3

This is a penal provision.

Penalty:    50 penalty units.

 

Section 69

An

69.1       An

Section 69

ship

vessel

 

Section 69

ships

vessels

Paragraph 69(d)

an Australian ship

a regulated Australian vessel

 

Paragraph 69(d)

crew

seafarers

 

Section 69

This is a penal provision.

Penalty:    50 penalty units.

Schedules 1 and 2

ship’s

vessel’s

 

Schedule 2

ship

vessel

 

Schedule 4, subclauses 1.1 and 1.4

crew member

seafarer

 

Schedule 4, subclauses 1.6

member of the crew

seafarer

 

Schedule 4, subclauses 1.6 and 1.7

ship

vessel

 

Schedule 4, subclause 1.7

ships

vessels

 

Schedule 4, subclause 1.7

crew

seafarers

 

Schedule 4, subclause 2.1

ship’s

vessel’s

 

Schedule 4, clauses 3 and 4

ship

vessel

 

Schedule 4, subclause 3.7

crew

seafarers

 

Schedule 4, paragraph 4.2(a)

ship’s

vessel’s

 

Schedule 4, clauses 5 and 6

ship

vessel

 

Schedule 4, paragraph 5(c)

member of the crew

seafarer

 

Schedule 4, paragraphs 5(f) and (g)

crew

seafarers

 

Schedule 4, paragraph 5(h)

members of the crew

seafarers

 

Schedule 4, paragraph 5(i)

crew

seafarer

 

Schedule 4, clauses 6 and 7

ship’s

vessel’s

 

Schedule 4, paragraph 6(b)

crew members

seafarers

 

Schedule 4, paragraph 6(e)

members of the crew

seafarers

 

Schedule 4, clauses 7 and 8

ship

vessel

 

Schedule 4, clause 8

ships

vessels

 

Schedule 4, subclause 8.1

crew

seafarers

 

Schedule 4, subclause 8.2

Orders, Part 57 (Helicopter operations)

Order 57 (Helicopter operations) 2010

 

Schedule 5

ship’s

vessel’s

 

Schedule 5

ship

vessel

 

Schedule 5

crew

seafarers

 

Schedule 5

CREW MEMBER

SEAFARER

 

Schedule 6, heading

Crew

Seafarer

 

Schedule 6

Crew member

Seafarer

 

Schedule 6

ship’s

vessel’s

 

Schedule 7, paragraph 1.1(a)

ship

vessel

 

Schedule 7, subclause 1.1, note

ships

vessels

 

Schedule 7, subclause 2.6

ship

vessel

 

Schedule 8, heading

ships

vessels

 

Schedule 8, clause 1

ship

vessel

 

Schedule 8, clause 1

ships

vessels

 

Schedule 8, clause 1

ship’s

vessel’s

 

Schedule 8, subclause 1.8

a surveyor

an inspector

 

Schedule 8, clauses 2 and 3

ship

vessel

 

Schedule 8, paragraph 2.1(g)

ship’s

vessel’s

 

Schedule 8, subclause 3.10

ship that is not registered in Australia

foreign vessel

 

Schedule 8, subclause 3.10

a surveyor

an inspector

 

Schedule 8, subclause 3.10

the surveyor

the inspector

 

Schedule 8, clauses 4 and 5

ship

vessel

 

Schedule 9, heading, reference

section 68

section 69

 

Schedule 9, subclause 1.1

ships

vessels

 

Schedule 9, subclause 1.1

ship

vessel

 

Schedule 9, subclause 2.1

ships

vessels

 

Schedule 9, subclause 2.2

ship

vessel

 

Schedule 9, subclause 3.1

ships

vessels

 

Schedule 9, subclause 3.1

ship

vessel

 

Schedule 9, clause 6

ship

vessel

 

Schedule 12  Marine Orders Part 25, issue 7

(section 3)

[1]       Sections 1A and 1

substitute

1          Name of Order

                 This Order is Marine Order 25 (Equipment — lifesaving) 2009.

1A       Purpose

                 This Order:

(a)   gives effect to Chapter III of SOLAS including the LSA Code; and

(b)   prescribes matters for paragraphs 339(2)(b) and (g) of the Navigation Act.

1B       Power

    1.2.1     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

    1.2.2     Paragraph 339(2)(b) of the Navigation Act provides that the regulations may provide for the machinery and equipment to be carried on board vessels for sending or receiving distress, urgency and other signals.

    1.2.3     Paragraph 339(2)(g) of the Navigation Act provides that the regulations may provide for the equipment to be carried on board vessels and the measures to be carried out, for the purpose of saving life at sea.

    1.2.4     Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.

    1.2.5     Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which regulations may provide.

[2]       Section 2, definition of length

omit

[3]       Section 2, definition of LSA Code

substitute

LSA Code means the International Life-Saving Appliance Code adopted by IMO Resolution MSC.48 (66), as in force from time to time.

Note   A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.

[4]       Section 2, definition of surveyor

omit

[5]       Section 2, note

substitute

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         cargo vessel

·         IMO

·         length

·         Manager, Ship Inspection and Registration

·         Manager, Ship Operations and Qualifications

·         Navigation Act

·         passenger vessel

·         recognised organisation

·         SOLAS

·         USL Code.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         foreign vessel

·         inspector

·         regulated Australian vessel

·         seafarer.

[6]       Section 4

substitute

4          Application

       4.1     This Order applies to the following vessels:

(a)   a regulated Australian vessel;

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii) entering or leaving an Australian port; or

           (iii) in the internal waters of Australia; or

           (iv) in the territorial sea of Australia, other than in the course of innocent passage.

       4.2     However, this Order applies to a foreign vessel that is a vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter III of SOLAS.

       4.3     A cargo vessel that is converted to a passenger vessel is taken to be a passenger vessel constructed on the date when the conversion commences.

       4.4     If a provision of this Order requires or permits the appliances, equipment or arrangements of a vessel to comply with the USL Code, 1 or more requirements of this Order may be replaced by the corresponding requirements of the USL Code.

       4.5     If a vessel is certified in accordance with a Code mentioned in Marine Order 49 (High speed craft) 2009 or the Code mentioned in Marine Order 50 (Special purpose vessels) 2012, and a provision of the Code is inconsistent with a provision of this Order, the provision of the Code prevails to the extent of the inconsistency.

[7]       After subsection 6.2

insert

Decision making criteria

       6.3     The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:

(a)   use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and

(b)   approving use of the equivalent would not contravene SOLAS.

Meaning of equivalent and use of an equivalent

       6.4     In this section:

equivalent means:

(a)   a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or

(b)   an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order.

use, of an equivalent, includes:

(a)   fitting or carrying the equivalent in or on a vessel; and

(b)   making an alternative arrangement or following an alternative procedure.

[8]       Subsection 9.1

omit

This is a penal provision.

insert

Penalty:    50 penalty units.

    9.1A     An offence against subsection 9.1 is a strict liability offence.

     9.1B     A person is liable to a civil penalty if the person contravenes subsection 9.1.

Civil penalty:        50 penalty units.

[9]       Subsections 9.2 and 9.3

omit

This is a penal provision.

Note   For engage in conduct, see Navigation Act, s 6.

insert

Penalty:    50 penalty units.

Note   For engage in conduct — see Criminal Code, s 4.1.

    9.2A     An offence against subsection 9.2 is a strict liability offence.

     9.2B     A person is liable to a civil penalty if the person contravenes subsection 9.2.

Civil penalty:        50 penalty units.

       9.3     In this section:

proper use, of a life-saving appliance or item of life-saving equipment, means:

(a)   use in an emergency; or

(b)   use for training for an emergency; or

(c)   maintenance or testing of the appliance or item of equipment.

[10]     Subsection 12.4

omit

crew

[11]     Schedule 1 heading

substitute

Schedule 1    Additional requirements for passenger vessels and cargo vessels — regulated Australian vessels

(subsection 11.3)

[12]     Further amendments

provision

omit each mention of

insert

Section 2

ship

vessel

Section 2, definition of approved

survey authority

recognised organisation

Section 3

ship

vessel

Subsection 3.4

provision

subsection

Subsection 3.6

survey authority

recognised organisation

Section 5

ship

vessel

Section 5

 (Administration)

 (Administration) 2011

Subsection 5.3, note

exemptions

exemptions and equivalents

Subsection 6.1

 (Administration)

 (Administration) 2011

Subsection 6.1, note

provision

subsection

Section 7

Marine Orders, Part 25, Issue 6

issue 6 of this Order

Section 7

ship

vessel

Section 7

ships

vessels

Subsections 7.3.1 and 7.3.2

provision

subsection

Sections 8 and 9

ship

vessel

Section 9

ship’s

vessel’s

Section 10

ship

vessel

Section 10

survey authority

recognised organisation

Subsection 10.2

provision

subsection

Subsection 10.2

a surveyor

an inspector

Subsection 10.3.1

Manager, Ship Inspections

Manager, Ship Inspection and Registration

Section 11, heading

ships

vessels

Subsection 11.1

section 215

paragraph 339(2)(g)

Subsections 11.1 and 11.4

ship

vessel

Subsections 11.1 and 11.2

provision

subsection

Subsection 11.3

an Australian registered ship

a regulated Australian vessel

Section 12

ship

vessel

Section 12

ships

vessels

Section 12

ship’s

vessel’s

Subsection 12.1.0

provision

section

Paragraph 12.1.2(a)

provision

subsection

Subparagraph 12.1.2(b)(ii)

provision

paragraph

Subsection 12.1.3(a)

provision

subsection

Subsection 12.3.2

provision

subsection

Subsection 12.3.2

crew members

seafarers

Subsection 12.7

crew

seafarers

Subsection 12.8.2

provision

subsection

Paragraph 12.8.3(a)

crew member

seafarer

Paragraph 12.8.4(b)

crew member

seafarer

Subsection 12.10

provisions

subsections

Subsection 12.10

survey authority

recognised organisation

Subsection 12.11.1A

provision

subsection

Section 13

provision

section

Section 13

ship

vessel

Schedule 1

ship

vessel

Schedule 1

ship’s

vessel’s

Schedule 1, clause 1

ships and cargo ships that are registered in Australia

vessels and cargo vessels that are regulated Australian vessels

Schedule 1, clause 3, heading

Requirements relevant to Chapter III Regulations

Requirements for Regulations under Chapter III

Schedule 1, clause 3

SOLAS Chapter III

SOLAS, Chapter III

Schedule 1, paragraph 3.4.1(a)

member of the crew

seafarer

Schedule 1, paragraph 3.4.1(a), note

All crew

Seafarers

Schedule 1, subclause 4.2.1, note 1

provision

section

Schedule 1, subclause 4.2.2

clause

subclause

Schedule 1, subclause 4.2.3

international

overseas

Schedule 1, subclause 4.2.3

clause

subclause

Schedule 1, subclause 4.3.2

clause

subclause

Schedule 1, subclause 4.3.4

survey authority

recognised organisation

Schedule 2, subclause 1.1.1

an Australian ship

a regulated Australian vessel

Schedule 2, subclause 1.1.2, note

provision

subclause

Schedule 13  Marine Orders Part 27, issue 4

(section 3)

[1]       Before section 1

insert

1A       Name of Order

                 This Order is Marine Order 27 (Radio equipment) 2009.

[2]       Subsection 1.1

substitute

1.1       Purpose

                 This Order:

(a)   gives effect to Chapter IV of SOLAS that deals with the provision, maintenance and use of radio equipment on board vessels; and

(b)   provides for seafarers to have GMDSS qualifications.

Note   For the current text of Chapter IV of SOLAS — see SOLAS Consolidated Edition 2011, published by the IMO.

[3]       Subsections 1.2.1 and 1.2.2

substitute

    1.2.1     Subsection 51(2) of the Navigation Act provides for regulations about matters to which AMSA must have regard when making a determination under subsection 51(1) of the Navigation Act about the master, officers or seafarers to be carried by a vessel who must hold specified seafarer certificates.

    1.2.2     Subparagraph 339(2)(b)(ii) of the Navigation Act provides for regulations about radio installations, radio navigational aids and communications equipment to be carried on board vessels.

1.2.2A     Paragraph 340(1)(a) of the Navigation Act provide for regulations to give effect to SOLAS.

  1.2.2B     Paragraph 339(2)(c) of the Navigation Act provides for regulations about the operation, maintenance, checking and testing of equipment.

  1.2.2C     Paragraph 339(2)(l) of the Navigation Act provides for regulations about logbooks.

 

[4]       Section 2, heading

substitute

2          Definitions

                 In this Order:

[5]       Section 2, definitions of AMSA, Deputy CEO, IMO, Manager, Ship Inspections, Manager, Ship Operations and Qualifications, Navigation Act and non-SOLAS ship

omit

[6]       Section 2, definition of Radio Regulations

substitute

                 Radio Regulations has the same meaning as in Regulation 2.11 of Chapter IV of SOLAS.

Note   The text of the Radio Regulations is available at the International Telecommunications Union website: http://www.itu.int.

[7]       Section 2, definitions of SOLAS, SOLAS ship, STCW Code, STCW Convention and survey authority

omit

[8]       Section 2, note

substitute

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         Manager, Ship Inspection and Registration

·         SOLAS

·         STCW Code.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         inspector

·         owner

·         recognised organisation

·         regulated Australian vessel

·         STCW Convention.

 

[9]       Subsection 3.5

omit

[10]     Subsections 4.1 and 4.2

substitute

       4.1     This Order applies to the each of the following vessels:

(a)   a regulated Australian vessel;

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

       4.2     This Order applies to a foreign vessel that is a vessel to which Chapter IV of SOLAS applies only to the extent that the vessel fails to comply with SOLAS.

[11]     Section 5, heading

substitute

5          Exemptions

[12]     After subsection 5.1

insert

    5.1A     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.

     5.1B     The decision maker for the application is the Manager, Ship Inspection and Registration.

[13]     Subsections 5.4 and 5.5

omit

[14]     Subsection 5.6, note

substitute

Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:

·             making an application

·             seeking further information about an application

·             the time allowed for consideration of an application

·             imposing conditions on approval of an application

·             notification of a decision on an application

·             review of decisions.

[15]     Section 6

substitute

6          Equivalents

       6.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.

Note   For definitions of equivalent and use, see subsection 6.4.

       6.2     The decision maker for the application is the Manager, Ship Inspection and Registration.

       6.3     The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.

       6.4     For this section:

equivalent means:

(a)   a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or

(b)   an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order.

use, of an equivalent, includes:

(a)   fitting or carrying the equivalent in or on a vessel; and

(b)   making an alternative arrangement or following an alternative procedure.

[16]     Subsection 8.3

substitute

       8.3     The approved form for a radio log-book is set out in Schedule 7.

[17]     Subsection 8.4, note

substitute

Note   The operation of a vessel mentioned in subsection 8.4 is not usually regulated under the Navigation Act. However, under subsection 98(3) of the Navigation Act, the vessel may be issued with certificate of equipment. Subsection 8.4 has been included for that purpose.

[18]     Further amendments

provision

omit each mention of

insert

Subsection 1.2.3

425(1)

339(1)

Subsection 1.2.4

425(1AA)

342(1)

Section 2, definition of approved

Inspections

Inspection and Registration

Section 2, definition of GMDSS Certificate

Marine Orders Part 6

Marine Order 6 (Marine Radio Qualifications) 2000

Sections 2 and 3

Part

Order

Section 3

ship

vessel

Subsection 3.2

Inspections

Inspection and Registration

Subsection 4.3

ship

vessel

Subsection 4.3

Part

Order

Subsection 5.1

Inspections

Inspection and Registration

Subsection 5.1

Part

Order

Subsection 5.1

ships

vessels

Paragraph 5.1(a)

7

section 7

subsection 5.2

5.1

subsection 5.1

Paragraph 5.2(a)

provision

section

Subsection 5.3

non-Solas ship

vessel to which Chapter IV of SOLAS does not apply

Section 5

ship

vessel

Subsection 5.3

Inspections

Inspection and Registration

Subsection 5.6

Marine Orders, Part 27, Issue 3,

issue 3 of this Order

Section 7

ship

vessel

Subsection 7.1

SOLAS ship

vessel to which Chapter IV of SOLAS applies

Subsection 7.2

non-SOLAS ship

vessel to which Chapter IV of SOLAS does not apply

Subsection 7.2, note

non-SOLAS ships

vessels to which Chapter IV of SOLAS does not apply

Paragraph 7.2(d)

Inspections

Inspection and Registration

Paragraph 7.2(d)

ship’s

vessel’s

Subsection 7.3

ships

vessels

Section 8

Appendix

Schedule

Section 8

ship

vessel

Section 8

non-SOLAS ship

vessel to which Chapter IV of SOLAS does not apply

Subsection 8.1

SOLAS ship

vessel to which Chapter IV of SOLAS applies

Subsection 8.1, note 1

Part

Order

Subsection 8.1, note 1

Appendixes

Schedules

Subsection 8.2, note 2

 Inspections

Inspection and Registration

Subsection 8.2, note 3

SOLAS ships

vessels to which Chapter IV of SOLAS applies

Subsection 8.5

a ship

a vessel

Paragraph 8.5(d)

Part of Marine Orders

Order

Paragraph 8.5(i)

ship’s

vessel’s

Subsection 8.5, note

Note

Note 1

Subsection 8.5, note

8.5(e)

paragraphs 8.5(e)

Appendix 1

Ship

Vessel

Appendix 2

Part

Order

Appendix 2, clause 2

ship

vessel

Appendix 3, subclause 2.1.4

2.1.3

subclause 2.1.3

Appendix 5

ship

vessel

Appendix 5, clause 3

5,

clause 5,

Appendix 5, clause 4

1,

clause 1,

Appendix 6, heading

non-SOLAS ships

vessels to which Chapter IV of SOLAS does not apply

Appendix 6

non-SOLAS ship

vessel to which Chapter IV of SOLAS does not apply

Appendix 6

Provision 7.2

subsection 7.2

Appendix 6

Inspections

Inspection and Registration

Appendix 6

ship’s

vessel’s

Appendix 6, first note under paragraph C.(i)

ships

vessels

Appendix 6, second note under paragraph C.(i)

ship

vessel

Appendix 6, second note under paragraph C.(i)

Marine Orders, Part 25

Marine Order 25 (Equipment — lifesaving) 2009

Appendix 7

SHIP/VESSEL

VESSEL

Appendices 1 to 7

Appendix

Schedule

Schedule 14  Marine Order 28, issue 4

(section 3)

[1]       Section 4, at the foot

insert

       4.2     This Order also gives effect to SOLAS in relation to the safe navigation and operation of vessels.

[2]       Subsection 5.3

substitute

       5.3     Paragraph 340(1)(a) of the Navigation Act provides that the regulations may provide for giving effect to SOLAS.

[3]       Section 6

substitute

6          Definitions

Note 1   There are no terms currently defined specifically for this Order.

Note 2   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         Navigation Act

·         Manager, Ship Operations and qualifications

·         SOLAS

·         STCW Code.

Note 3   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         owner (there is also a note about this term in Marine Order 1 (Administration) 2011)

·         master

·         seafarer

·         inspector

·         STCW Convention.

[4]       Section 7

substitute

7          Vessels to which this Order applies

       7.1     This Order applies to a regulated Australian vessel.

       7.2     This Order, other than subsection 9.4, sections 11 and 15 and subsections 17.4, 17.5 and 18.3, applies to a foreign vessel:

(a)   in an Australian port; or

(b)   entering or leaving an Australian port; or

(c)   in the internal waters of Australia; or

(d)   in the territorial sea of Australia, other than in the course of innocent passage.

Note 1   port includes a harbour — see Navigation Act, s 14(1).

Note 2   The provisions mentioned in subsection 7.2 impose specific requirements for regulated Australian vessels beyond the requirements of the STCW Convention and Code.

[5]       After subsection 9.2

insert

    9.2A     An offence against subsection 9.2 is a strict liability offence.

     9.2B     A person is liable to a civil penalty if the person contravenes subsection 9.2.

Civil penalty:        50 penalty units.

[6]       After subsection 9.3

insert

    9.3A     An offence against subsection 9.3 is a strict liability offence.

     9.3B     A person is liable to a civil penalty if the person contravenes subsection 9.3.

Civil penalty:        50 penalty units.

[7]       After section 13

insert

     13.2     An offence against subsection 13.1 is a strict liability offence.

     13.3     A person is liable to a civil penalty if the person contravenes subsection 13.1.

Civil penalty:        50 penalty units.

[8]       Subsection 16.5, notes 1 and 2

substitute

Note 1   Under section 185 of the Navigation Act, the owner of a vessel must report marine incidents and dangers to navigation to AMSA.  Under section 186 of the Navigation Act, the master of a vessel must report marine incidents and dangers to navigation to AMSA.  Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters in relation to reports under sections 185 and 186.

Note 2   Section 221 of the Navigation Act enables requirements to be prescribed for reporting about movements of vessels.  Marine Order 63 (AUSREP) 2006 prescribes the requirements.

[9]       Subsection 17.3

omit

seafarer, including the master and chief engineer, must

insert

seafarer must

[10]     Subsection 18.3, note

omit

ship to which Part II of the Navigation Act applies — see s 7.1 and 7.2.

insert

regulated Australian vessel — see s 7.1 and 7.2.

[11]     Further amendments

provision

omit each mention of

insert

Section 1

Order 28, issue 4

Order 28 (Operations standards and procedures) 2012

Section 4

This

4.1       This

Section 4

ships

vessels

Subsection 5.1

Subsection 151(1A)

Paragraph 340(1)(h)

Subsection 5.2

425(1)

339(1)

Subsection 5.4

425(1A)

342(1)

Division 2, heading

operators

owners

Section 8

Operators of ships

Owners of vessels

Section 9, heading

Operators of ships

Owners of vessels

Section 9

operator of a ship

owner of a vessel

Section 9

ship

vessel

Subparagraph 9.2(a)(i)

Orders, Part 3 (Seagoing Qualifications)

Order 3 (Seagoing qualifications) 2004

Paragraph 9.2(e)

ship’s

vessel’s

Subsections 9.2 and 9.3

This is a penal provision.

Penalty:    50 penalty units.

Sections 11, 12, 13, 15, 16 and 17

ship

vessel

Section 13, heading

operators

owners

Section 13

The operator

13.1    The owner

Section 13

This is a penal provision.

Penalty:   50 penalty units.

Subsection 15.1

operator

owner

Section 15

(Administration)

(Administration) 2011

Subparagraph 16.1(a)(ii)

ships

vessels

Section 17

operator

owner

Subsection 17.8

a surveyor

an inspector

Section 18

ship

vessel

Subsection 18.1

operator

owner

Schedule 15  Marine Orders Part 30, issue 8

(section 3)

  

[1]       Before section 1

insert

1A       Name of Order

                 This Order is Marine Order 30 (Prevention of collisions) 2009.

[2]       Subsection 1.2

substitute

1.2       Power

    1.2.1     Subsection 176(1) of the Navigation Act provides that the regulations may provide for requirements for the prevention of collisions, and for provision and use of lights and signals on vessels.

    1.2.2     Subsection 176(2) of the Navigation Act provides for regulations to give effect to the Prevention of Collisions Convention.

    1.2.3     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

    1.2.4     Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulations.

[3]       Sections 2 to 5

substitute

2          Definitions

                 In this Order:

Certificate of Approval — see subsection 6.2.

International Regulations means the Rules and Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, as in force from time to time for Australia.

Note 1   A copy of the International Regulations as in force on 9 October 2009, is set out in Schedule 1.

Note 2   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         IMO

·         Manager, Ship Inspection and Registration

·         Marine Order

·         Navigation Act.

Note 3   Some terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         foreign vessel

·         master

·         owner

·         Prevention of Collisions Convention

·         recognised organisation

·         regulated Australian vessel

·         seafarer.

3          Application

                 This Order applies to each of the vessels mentioned in section 175 of the Navigation Act.

4          Review of decisions

A decision under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

[4]       Subsection 7.1, note

substitute

Note   It is an offence for the owner or master of a vessel to operate a vessel or cause or permit another person to operate a vessel, in contravention of regulations made for section 176 of the Navigation Act — see sections 177 and 178 of the Navigation Act.

[5]       Subsection 7.4, note

omit

[6]       After subsection 7.5

insert

Note   Nautical charts required to be carried on a vessel by sections 224 and 225 of the Navigation Act include the traffic separation schemes and inshore traffic zones.

[7]       Further amendments

provision

omit each mention of

insert

Subsection 1.1

Part of Marine Orders

Order

Subsection 1.1

ship

vessel

Subsections 6.1.1 and 6.1.2

an Australian-registered ship

a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality

Subsections 6.1, 6.2 and 7.6

Inspections

Inspection and Registration

Subsections 6.1 and 6.2

survey authority

recognised organisation

Subsection 6.2.1

6.1

subsection 6.1

Section 7, heading

Measures to be observed

Requirements for operation of vessels

Section 7

ship

vessel

 

 

 

Subsection 7.1

observed

observed in the operation of a vessel

Subsection 7.3

an Australian registered ship

a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality

Appendix, heading

Appendix

Schedule 1

Schedule 16  Marine Orders Part 31, issue 6

(section 3)

Division 1     Initial modification

[1]       Before section 1A

insert

Division 1     Preliminary

[2]       Subsection 1.2.1

substitute

    1.2.1     Subsection 98(1) of the Navigation Act provides that the regulations may make provision in relation to safety certificates.

1.2.1A     Subsection 98(2) provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS.

  1.2.1B     Paragraph 340(1)(a) of the Navigation Act also provides that the regulations may give effect to SOLAS.

[3]       Section 2, definitions of cargo ship and surveyor

substitute

nuclear vessel means a vessel that has a nuclear power plant.

sailing vessel has the same meaning as in Marine Order 52 (Sailing ships) 1999.

short overseas voyage, for a passenger vessel, means an overseas voyage:

(a)   in which the vessel is not at any time more than 200 nautical miles from a port or place where the passengers and seafarers aboard the vessel could be placed in safety; and

(b)   in which the distance between the last port of call in the country where the voyage begins and the final port of destination is not more than 600 nautical miles.

[4]       Section 2, after note 2

insert

Note 3   Some terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         inspector.

[5]       Subsection 4.1

substitute

       4.1     This Order applies to the following vessels:

(a)   a regulated Australian vessel;

(b)   a foreign vessel:

             (i)  in an Australian port; or

            (ii)  entering or leaving an Australian port; or

           (iii)  in the internal waters of Australia; or

           (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

[6]       Sections 5 and 6

substitute

4A       Certificates that do not make a vessel a regulated Australian vessel

                 For subparagraph 15(1)(c)(ii) of the Navigation Act, the following certificates are prescribed:

(a)   a pollution certificate issued for a domestic commercial vessel;

(b)   a safety certificate that is an Australian load line certificate issued for a vessel in accordance with Marine Order 16 (Load Lines) 2004.

5          Review of decisions

                 A decision by the Manager, Ship Inspection and Registration under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

6          Notification of alterations to vessel

                 For paragraph 105(1)(c) of the Navigation Act, the prescribed period is within 7 days after the alteration.

Note   For ways of contacting AMSA — see AMSA’s website at  http://www.amsa.gov.au.

[7]       Before section 7

insert

Division 2     Surveys

[8]       After section 11

insert

11A     Sailing vessels

                 Sections 8 and 9 (which relate to cargo vessels) apply to a regulated Australian vessel that is a sailing vessel with a gross tonnage of over 50 tonnes as if references in those sections to a cargo vessel were references to a sailing vessel with a gross tonnage of over 50 tonnes.

[9]       Subsection 13.1.2, note

substitute

Note   Paragraph 248(1)(a) of the Navigation Act provides for the detention of a vessel that is unseaworthy or substandard.

[10]     Subsection 13.2

omit

[11]     After section 13

insert

13A     Reporting of marine incidents to AMSA

  13A.1     For paragraphs 185(1)(b) and 186(1)(b) of the Navigation Act (which deal with reporting of marine incidents by the owner and the master of a vessel), the prescribed period for reporting a marine incident is:

(a)   for a preliminary report for which the approved form known as an Incident Alert Form (Form AMSA 18, also known as Form MO—31/14) is suitable — 4 hours; and

(b)   for a detailed report for which the approved form known as an Incident Report Form (Form AMSA 19, also known as Form MO—31/15) is suitable — 72 hours.

Note 1   AMSA Forms 18 and 19 are available from AMSA’s website: http://www.amsa.gov.au. For convenience, the forms have also been reproduced in Schedule 1 as Forms MO—31/14 and MO 31—15.

Note 2   If a report is made under sections 185 or 186 of the Navigation Act, the Manager, Ship Inspection and Registration may start an investigation to determine if a survey of the vessel should be conducted.

  13A.2     If the master is unable to access an approved form for reporting a marine incident:

(a)   the master may report the incident using another document that sets out the information required by the approved form; and

(b)   a report made in accordance with paragraph (a) is taken, for paragraphs 185(1)(b) and 186(1)(b) of the Navigation Act, to be a report in the approved form.

Note   For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.

Division 3     Certificates

13B     Application for a safety certificate

   13B.1     For subsection 99(1) of the Navigation Act, the kinds of safety certificate are those mentioned of Table 1 in section 14.

   13B.2     For subsection 99(2) of the Navigation Act, an application for a safety certificate must be:

(a)   in writing; and

(b)   made with an application for a survey mentioned in section 16.

[12]     Subsections 14.1.1 and 14.1.2

substitute

14.1     Duration of certificates

  14.1.1     Table 1 sets out:

(a)   the kinds of safety certificates; and

(b)   the maximum period for which each kind of safety certificate can be in force.

  14.1.2     A safety certificate remains in force for the period, up to the maximum period mentioned in Table 1, mentioned in the certificate.

  14.1.3     However, the period may be extended in accordance with subsection 14.3.

[13]     Subsection 14.1, Table 1, column 2

omit

Passenger Certificate          1 year

[14]     Section 15

omit everything before Table 2, insert

                 A safety certificate mentioned in Table 2 must be in the form mentioned for the certificate in the table.

[15]     Section 15, Table 2

omit

Passenger Certificate          MO-31/16

[16]     Section 16, heading

substitute

16        Application for survey

[17]     Subsection 16.2

omit

[18]     Section 17

substitute

17        Inspector’s reports and declaration

     17.1     After completing a survey of a vessel, the inspector must give the following documents to AMSA:

(a)   an inspection report;

(b)   a declaration in accordance with Form MO-31/2.

     17.2     The inspector must state in the declaration:

(a)   the extent to which the vessel’s construction, equipment and machinery was surveyed by him or her; and

(b)   his or her opinion, based on the survey, about the kind of voyages that the vessel is fit to undertake.

[19]     Paragraph 18.2 (a)

substitute

(a)   that is a foreign vessel to which SOLAS does not apply; or

[20]     After subsection 18.3

insert

     18.4     AMSA may grant an exemption from survey under Division 2.

     18.5     AMSA may revoke an exemption from survey if the inspection report under section 20 shows that:

(a)   the condition of a vessel, or its equipment, does not substantially correspond with the safety certificate issued for the vessel; or

(b)   the vessel cannot proceed to sea without danger to its crew or passengers.

[21]     After section 19

insert

20        Inspection of vessels exempt from survey

     20.1     An inspector may, at any time, inspect a vessel that is wholly or partly exempt from survey under any Marine Orders.

     20.2     An inspector who has completed an inspection mentioned in subsection 20.1 must prepare an inspection report and give it to AMSA.

21        Certificates required for a passenger vessel

     21.1     A passenger vessel engaged in an overseas voyage must have the following safety certificates:

(a)   either:

             (i)  for a vessel engaged in a short overseas voyage  — a passenger ship short voyage safety certificate; or

            (ii)  in any other case — a passenger ship safety certificate;

(b)   any exemption certificate in force for the vessel that applies to the voyage.

     21.2     A passenger vessel engaged in a short overseas voyage must have a passenger ship short voyage safety certificate.

22        Certificates required for a cargo vessel

     22.1     A cargo vessel that is not a fishing vessel and is at least 500 gross tonnage engaged on an overseas voyage must have the following safety certificates:

(a)   either:

             (i)  all of these:

(A)    a cargo ship safety construction certificate;

(B)    a cargo ship safety equipment certificate;

(C)    a cargo ship safety radio certificate; or

            (ii)  a cargo ship safety certificate;

(b)   any exemption certificate in force for the vessel that applies to the voyage.

     22.2     A cargo vessel that is a fishing vessel and is at least 500 gross tonnage, or less than 500 gross tonnage engaged on an overseas voyage, must have a certificate of survey appropriate to the voyage.

     22.3     A cargo vessel of at least 300 gross tonnage that is engaged on an overseas voyage must have the following certificates:

(a)   a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate;

(b)   any exemption certificate in force for the vessel that applies to the voyage.

Division 4     Criteria for issue, variation or revocation of safety certificates

23        Criteria

                 The criteria for the issue, variation or revocation of a safety certificate for a regulated Australian vessel are:

(a)   for issue of a certificate mentioned in Schedule 2 — those mentioned for the certificate in Schedule 2; and

(b)   for variation of a certificate:

             (i)  a written application for a variation of the certificate is made to the issuing body, specifying the nature of variation sought; and

            (ii)  the vessel complies with the survey requirements that apply to it; and

           (iii)  the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and

           (iv)  the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration; and

(c)   for revocation of a certificate:

             (i)  the surveys required by this Order are not completed within the periods required by this Order; or

            (ii)  the certificate is not endorsed in accordance with this Order; or

           (iii)  the vessel to which it applies ceases to be registered in Australia.

[22]     Schedule 1, Form MO-31/1

omit

To the Surveyor

[23]     Schedule 1, Form MO-31/2, before the footnotes

insert

* delete as appropriate

[24]     Schedule 1, Form MO-31/13

substitute

Form MO–31/13

NOTICE OF ALTERATION UNDER SECTION 105 OF THE NAVIGATION ACT

To: Manager, Ship Inspection and Registration

Area Manager, Ship Safety Division, ............................................

Recognised organisation that issued the certificate………………

PARTICULARS TO BE NOTIFIED

1.   Name of vessel.

2.   Official number (if any).

3.   IMO number

4.   Gross Tonnage

5.   Home port/port of registry.

6.   Call sign.

7.   Name of owner(s) or agent.

8.   Address of principal place of business of owner or agent in Australia.

9.   Date of issue and reference number of the Safety Certificate.

10.  Name of the recognised organisation.

11.  Reason(s) for, or cause(s) of alteration

12.  Description of nature and extent of alteration to the vessel (including date(s) on which alterations were commenced and completed.

13.  Name and address of person or corporation effecting alteration.

14.  Particulars of changes in the construction of the vessel.

15.  Additional information (if any) affecting the compliance of the vessel with the provisions of SOLAS as appropriate.

…...............................................

(signature of master or owner)

........................................

(date)

[25]     Schedule 1, Form MO-31/16

omit

[26]     After Schedule 1

insert

Schedule 2    Criteria for issue of safety certificates

(section 23)

Item

Certificate

Criteria

1

Passenger ship safety certificate or passenger ship short voyage safety certificate

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to passenger vessels to which SOLAS applies

2

Cargo ship safety construction certificate

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12 and 15 that relate to cargo vessels to which SOLAS applies

3

Cargo ship safety equipment certificate

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 15, 21, 25 and 30 that relate to cargo vessels to which SOLAS applies

4

Cargo ship safety radio certificate

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with Marine Order 27

5

Cargo ship safety certificate

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to cargo vessels to which SOLAS applies

6

Exemption certificate (SOLAS)

 

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to cargo vessels to which SOLAS applies (other than the requirement mentioned in the exemption certificate); and

(c)   complies with any conditions imposed by the Manager, Ship Inspection and Registration

7

Certificate of survey for a passenger vessel

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to vessels to which SOLAS does not apply; and

(c)   complies with any conditions imposed by the Manager, Ship Inspection and Registration

8

Certificate of survey for a cargo vessel other than a fishing vessel

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to cargo vessels to which SOLAS does not apply; and

(c)   complies with any conditions imposed by the Manager, Ship Inspection and Registration

9

Certificate of survey for a fishing vessel

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21 and 25 that relate to fishing vessels to which SOLAS does not apply; and

(c)   complies with the conditions imposed by the Manager, Ship Inspection and Registration

10

Exemption certificate  (non-SOLAS)

 

The vessel:

(a)   has been surveyed in accordance with this Order; and

(b)  complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to vessels to which SOLAS does not apply (other than the requirement mentioned in the exemption certificate); and

(c)   complies with any conditions imposed by the Manager, Ship Inspection and Registration

[27]     Further amendments

provision

omit each mention of

insert

Section 1A

31, issue 6

31 (Ship surveys and certification) 2006

Subsection 1.2.2

Divisions 1, 2 and 2B of Part IV

Section 314, paragraph 93(3)(a) and subparagraph 339(2)(i)

Subsection 1.2.2

ships

vessels

Subsection 1.2.3

425 (1)

339(1)

Subsection 1.2.4

425 (1AA)

342(1)

Section 2, definition of USL Class 1A and 2A

ship

vessel

Section 2, note 2

(Administration),

(Administration) 2011,

Section 2, note 2

·         AMSA

·         General Manager, Maritime Operations Division

·         cargo vessel

·         General Manager, Ship Safety Division

·         fishing vessel

Section 2, note 2

·         SOLAS

·         survey authority.

·         passenger vessel

·         recognised organisation

·         SOLAS

·         inspector.

Subsection 3.3

ship

vessel

Subsections 4.2 and 4.3

ship

vessel

Subsection 4.3

steamship

vessel

Section 7, heading

ships

vessels

Section 7

ship

vessel

Subsection 7.2

ship’s

vessel’s

Subsection 7.2, note

surveyor

inspector

Subsection 7.3

survey authority

recognised organisation

Section 8, heading

ships

vessels

Subsection 8.1

ship

vessel

Subsection 8.1

the Navigation Act and Marine

Marine

Section 9

ships

vessels

Subsection 9.1

the Navigation Act and Marine

Marine

Subsection 9.1

ship

vessel

Section 10, heading

ships

vessels

Section 10

ship

vessel

Section 10

ship’s

vessel’s

Subsection 10.1.1

the Navigation Act and Marine

Marine

Subsection 10.1.3, note

surveyor

inspector

Subsections 11.1 and 11.2

the Navigation Act and Marine

Marine

Subsection 11.3, note

crew

seafarers

Section 12, heading

ships

vessels

Section 12

ship

vessel

Paragraph 12.1(a)

Orders Part 17 (Liquefied Gas Carriers and Chemical Tankers)

Order 17 (Liquefied gas carriers and chemical tankers) 2006

Paragraph 12.1(b)

Orders Part 47 (Mobile Offshore Drilling Units)

Order 47 (Mobile offshore drilling units) 2012

Paragraph 12.1(c)

Orders Part 49 (High Speed Craft)

Order 49 (High-speed craft) 2009

Paragraph 12.1(d)

Orders Part 49 (High Speed Craft)

Order 49 (High-speed craft) 2009

Paragraph 12.1(e)

Orders Part 50 (Special Purpose Ships)

Order 50 (Special Purpose Ships) 2012

Paragraph 12.1(f)

Orders Part 43 (Cargo & cargo handling — livestock)

Order 43 (Cargo & cargo handling — livestock) 2006

Subsection 12.2

Orders, Part 41 (Carriage of Dangerous Goods)

Order 41 (Carriage of dangerous goods) 2009

Subsection 13.1

ship

vessel

Subsection 13.1

the Navigation Act, Marine Orders

Marine Orders

Subsection 13.1.2

a surveyor

an inspector

Subsection 13.1.2

the surveyor

the inspector

Section 14, heading

Duration of certificates

Duration and validity of safety certificates

Subsection 14.3.1

sections 8, 9 and 10

sections 8 to 11A

Subsections 14.3.2, 14.3.3 and 14.3.4

ship

vessel

Subsection 14.3.2

survey authority

recognised organisation

Subsection 14.3.5

Australian-registered

Australian

Subsection 14.3.6, note

ship

vessel

Subsection 14.5

ship

vessel

Subsection 14.5, note

survey authority

recognised organisation

Subsection 14.6

a surveyor

an issuing body

Subsection 16.1.1

survey authority

recognised organisation

Subsection 16.1.1

the Schedule

Schedule 1

Subsections 16.1.2 and 16.1.3

ship

vessel

Subsections 18.1 and 18.2

ship

vessel

Subsections 18.1 and 18.2

subsection 193(1) of the Navigation Act

Division 2

Paragraph 18.2(b)

registered in Australia

a regulated Australian vessel

Subsection 18.3

ship

vessel

Subsection 18.3

204 or section 210

20

Section 19, heading

Transitional

Harmonisation of expiry dates of certificates

Section 19

ship’s

vessel’s

Schedule 1, Form MO-31/1

crew

seafarers

Schedule 1, Form MO-31/1

OF SHIP

OF VESSEL

Schedule 1, Form MO-31/1

ship

vessel

Schedule 1, Form MO-31/1

organization

organisation

Schedule 1, Form MO-31/1

Ship

vessel

Schedule 1, Form MO-31/2, heading

SURVEYOR’S DECLARATION

Marine Order 31 (Ship surveys and certification)

DECLARATION OF SURVEY OR INSPECTION

Marine Order 31 (Ship surveys and certification) 2006

Schedule 1, Form MO-31/2

ship

vessel

Schedule 1, Form MO-31/2, note 3

surveyor

inspector

Schedule 1, Form MO-31/2, note 3

1912

2012

Schedule 1, Form MO-31/2

a surveyor appointed under the Navigation Act 1912,

an inspector appointed under the Navigation Act 2012/ a surveyor employed by a recognised organisation *

Schedule 1, Form MO-31/2

Signature of Surveyor

Signature

Schedule 1, Form MO-31/2, note 3

surveyor is appointed

the appointment is

Schedule 1, Form MO-31/9

1912

2012

Schedule 1, Form MO-31/9

subsections 195(1A) and 195(2) of the Navigation Act

section 14 of Marine Order 31 (Ship surveys and certification) 2006

Schedule 1, Form MO-31/10

1912

2012

Schedule 1, Form MO-31/10

Marine Order 31 (Ship surveys and certification)

Marine Order 31 (Ship surveys and certification) 2006

Schedule 1, Form MO-31/10

subsections 195(1A) and 195(2) of the Navigation Act

section 14 of Marine Order 31 (Ship surveys and certification) 2006

Schedule 1, Form MO-31/11

1912

2012

Schedule 1, Form MO-31/11

Marine Orders, Part 31 (Ship surveys and certification)

Marine Order 31 (Ship surveys and certification) 2006

Schedule 1, Form MO-31/12

1912

2012

Schedule 1, Form MO-31/12

ship

vessel

Schedule 1, Form MO-31/15

sections 268, 269 or 417

paragraphs 185(1)(b) or 186(1)(b) or subparagraph 312(1)(b)(ii)

Schedule 1, Form MO-31/15

1912

2012

Schedule 1, Form MO-31/15

section 417

subparagraph 312(1)(b)(ii)

[28]     Other amendments

 

provision

omit each mention of

insert

Subsection 13B.1

14

18

Subsection 14.1.3

14.3

18.3

Subsection 14.3.4

14.3.1, 14.3.3 or 14.3.5

18.3.1, 18.3.3 or 18.3.5

Subsection 14.3.6

14.2.(b) or subsection 14.3.3 or 14.3.4

18.2.(b) or subsection 18.3.3 or 18.3.4

Division 2     Consequent modification

[1]       Sections 14 and 15

relocate before section 20 as sections 18 and 19

[2]       Sections 16 to 19

renumber as sections 14 to 17

Schedule 17  Marine Orders Part 32, issue 3

(section 3)

[1]       Section 1

substitute

1          Name of Order

                 This Order is Marine Order 32 (Cargo handling equipment) 2011.

[2]       Section 5

substitute

5          Power

       5.1     Subsection 112(5) of the Navigation Act provides for regulations dealing with loading, stowing or carriage of cargo in vessels and unloading of cargo from vessels.

Note   Section 114 provides that a person who contravenes subsection 114(1) is punishable on conviction by imprisonment for up to 5 years and a fine of up to 300 penalty units.

       5.2     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Navigation Act.

       5.3     Paragraph 339(2)(b) of the Navigation Act provides for regulations dealing with machinery and equipment to be carried on board vessels.

       5.4     Paragraph 339(2)(c) provides for regulations dealing with operating, maintaining, checking and testing of the machinery and equipment.

       5.5     Subsection 342(1) of the Navigation Act provides for the making of orders for matters that can be made by the regulations.

[3]       Section 6, definitions of AMSA, cargo, container and dangerous goods

omit

[4]       Section 6, definition of IMDG Code

substitute

IMDG Code means the International Maritime Dangerous Goods Code.

Note   International Maritime Dangerous Goods Code is defined in the Navigation Act.  On 30 June 2013 the latest edition of the IMDG Code was the 2010 edition.

[5]       Section 6, notes 1 to 3

substitute

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

·         Manager, Ship Inspection and Registration

·         Navigation Act

·         offshore industry mobile unit.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

·         AMSA

·         cargo

·         container

·         dangerous goods

·         inspector

·         master

·         port

·         recognised organisation

·         seafarer.

Note 3   Recognised organisations are listed in Marine Order 1 (Administration) 2011.

[6]       Paragraph 8(1)(c), note

omit

[7]       After subsection 10.1

insert

  10.1A     An offence against subsection 10.1 is a strict liability offence.

   10.1B     A person is liable to a civil penalty if the person contravenes subsection 10.1.

Civil penalty:        50 penalty units.

[8]       After subsection 10.2

insert

  10.2A     An offence against subsection 10.2 is a strict liability offence.

   10.2B     A person is liable to a civil penalty if the person contravenes subsection 10.2.

Civil penalty:        50 penalty units.

[9]       After subsection 11.3

insert

     11.4     An offence against subsection 11.3 is a strict liability offence.

     11.5     A person is liable to a civil penalty if the person contravenes subsection 11.3.

Civil penalty:        50 penalty units.

[10]     After subsection 13.2

insert

     13.3     An offence against subsection 13.2 is a strict liability offence.

     13.4     A person is liable to a civil penalty if the person contravenes subsection 13.2.

Civil penalty:        50 penalty units.

[11]     After subsection 14.2

insert

  14.2A     An offence against subsection 14.2 is a strict liability offence.

   14.2B     A person is liable to a civil penalty if the person contravenes subsection 14.2.

Civil penalty:        50 penalty units.

[12]     After subsection 14.3

insert

  14.3A     An offence against subsection 14.3 is a strict liability offence.

   14.3B     A person is liable to a civil penalty if the person contravenes subsection 14.3.

Civil penalty:        50 penalty units.

[13]     After subsection 15.3

insert

  15.3A     An offence against subsection 15.3 is a strict liability offence.

   15.3B     A person is liable to a civil penalty if the person contravenes subsection 15.3.

Civil penalty:        50 penalty units.

[14]     After section 16

insert

     16.2     An offence against subsection 16.1 is a strict liability offence.

     16.3     A person is liable to a civil penalty if the person contravenes subsection 16.1.

Civil penalty:        50 penalty units.

[15]     After section 17

insert

     17.2     An offence against subsection 17.1 is a strict liability offence.

     17.3     A person is liable to a civil penalty if the person contravenes subsection 17.1.

Civil penalty:        50 penalty units.

17A     Loading and unloading — employment of seafarers

                 For paragraph 94(1)(b) of the Navigation Act, the requirements are:

(a)   the master agrees to the seafarer loading or unloading the vessel; and

(b)   a risk assessment is undertaken to ensure that the vessel can be loaded or unloaded in accordance with this Order.

[16]     After subsection 18.7

insert

     18.8     An offence against subsection 18.1, 18.4, 18.5, 18.6 or 18.7 is a strict liability offence.

     18.9     A person is liable to a civil penalty if the person contravenes subsection 18.1, 18.4, 18.5, 18.6 or 18.7.

Civil penalty:        50 penalty units.