Compilation no. 1

Compilation date: 10 June 2016

This compilation was prepared on 16 June 2016 taking into account amendments up to Marine Order 75 (Seafarer certification amendment) 2016.

Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

Division 1     Preliminary...................................................................................................... 3

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

2        Purpose.............................................................................................................. 3

3        Power................................................................................................................. 3

4        Definitions.......................................................................................................... 4

5        Application.......................................................................................................... 5

6        Certification taken to be qualification to perform duties......................................... 5

7        Grades of certificate — permitted duties or functions............................................ 6

8        Endorsements of certificates............................................................................... 6

Division 2     Requirements.................................................................................................. 6

9        General requirements........................................................................................... 6

10      Qualifying seagoing service — general requirements............................................. 6

11      Revalidation requirements.................................................................................... 7

Schedule 1     Grades of certificate — permitted duties or functions..................................... 8

Schedule 2     Eligibility requirements for certificates.......................................................... 9

Schedule 3     Qualifying seagoing service — general requirements................................... 13

Schedule 4     Requirements for revalidation of certificates................................................ 14

Division 1     Preliminary

1          Name of Order

                 This Order is Marine Order 74 (Masters and deck officers — yachts) 2015.

2          Purpose

        (1)     This Order specifies STCW Convention standards of competence to be attained and other STCW Convention conditions to be satisfied by a person to be a qualified master or deck officer under the Navigation Act for a regulated Australian vessel that is a yacht.

        (2)     This Order is to be read with Marine Order 70 (Seafarer certification) 2014.

Note    The 2011 edition of the STCW Convention and the STCW Code (including the amendments to the annex known as the 2010 Manila Amendments) can be purchased from the International Maritime Organization. A December 2015 Supplement is also available. See the IMO website at http://www.imo.org/publications. The STCW Convention (ATS series number [1984] ATS 7) and STCW Code (ATS series number [1997] ATS 33) including any amendments in force are in the Australian Treaties Series accessible from the Australian Treaties Library on the AustLII website at http://www.austlii.edu.au.

3          Power

        (1)     The following provisions of the Navigation Act provide for this Order to be made:

(a)   section 28 which provides that regulations may provide for seafarer certificates and give effect to the STCW Convention;

(b)   subsection 29(1) which provides that regulations may prescribe different classes of seafarer certificates and require an individual to hold a seafarer certificate of a particular kind to undertake particular duties, or perform particular functions, as a seafarer;

(c)   subsection 29(2) which provides that the regulations may prescribe, for seafarer certificates, proficiencies, competencies and standards, qualifications, experience, minimum age, character, health, nationality, citizenship or residence;

(d)   subsection 29(3) which provides that the regulations may provide for, among other things:

             (i)  how the attainment of proficiencies, competencies and standards is to be evidenced (including the gaining of sea service and other experience); and

            (ii)  the instruction, training and examination of seafarers (including the conduct of exams etc);

(e)   subsection 314(1) which provides that regulations may provide for the following matters for certificates: the persons who may apply, the forms for applying, the way of applying, the information to be included in applications and the documents to accompany applications;

(f)    subsection 314(3) which provides that the regulations may provide, among other things for certificates, criteria to be satisfied for the issue of certificates;

(g)   subsection 314(4) which provides that criteria and conditions may relate to compliance with specified standards;

(h)   subsection 314(5) which provides that regulations may provide, among other things for certificates, for the renewal of certificates.

        (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.

        (3)     Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about matters that can be provided for by regulation.

4          Definitions

        (1)     In this Order:

length, for a vessel other than a vessel mentioned in Schedule 1, means the overall length of the vessel.

LY3 Code means LY3 The Large Commercial Yacht Code published by the Maritime and Coastguard Agency of the United Kingdom in August 2012, as in force from time to time.

master duties or functions means the tasks, duties and responsibilities of a master that are specified as competencies in STCW Code, Table A‑II/2, column 1.

monitored, for a seafarer training course, means monitored by the seafarer training organisation providing the course.

trainee means a person who:

(a)   meets the definition of trainee in the LY3 Code; and

(b)   is certified by a qualified medical practitioner as being medically fit to be a trainee; and

(c)   has signed an agreement with a vessel’s owner or master to travel on the vessel as a trainee.

watchkeeper deck officer duties or functions means the tasks, duties and responsibilities of a watchkeeper on the watch that are specified by STCW Code, Table A‑II/1, column 1.

yacht means a vessel that:

(a)   is less than 3000 GT; and

(b)   is for commercial use for sport or pleasure; and

(c)   does not carry cargo; and

(d)   does not carry more than 12 passengers.

Note   A yacht need not be designed to carry sail and may be a training vessel, a sail training vessel or a short range yacht.

        (2)     For paragraph (b) of the definition of yacht, a training vessel is taken to be:

(a)   used for sport or pleasure; and

(b)   if trainees are charged fees to travel on the vessel — for commercial use.

        (3)     For paragraph (d) of the definition of yacht, a trainee of a training vessel is not a passenger of the vessel.

        (4)     In this Order, the following terms have the same meaning as in the LY3 Code:

(a)   sail training vessel;

(b)   sailing vessel;

(c)   short range yacht;

(d)   training vessel.

Note   The LY3 Code definition of training vessel provides that a training vessel may be either a sailing or motor vessel.

        (5)     Terms defined in Marine Order 70 (Seafarer qualifications) 2014 and used in this Order have the meaning given by that Order.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013 including:

·         IMO

·         Navigation Act

·         STCW Code.

Note 2   Other terms used in this Order have the same meaning that they have in the Navigation Act, including:

·         AMSA

·         master

·         officer

·         regulated Australian vessel

·         seafarer

·         seafarer certificate

·         STCW Convention.

Note 3   For delegation of AMSA’s powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5          Application

                 This Order applies to the following persons:

(a)   a person performing or intending to perform, duties or functions as a master or deck officer on a regulated Australian vessel that is a yacht;

(b)   a person who holds a seafarer certificate mentioned in Schedule 1.

6          Certification taken to be qualification to perform duties

                 For section 35 of the Navigation Act, a person is qualified to perform the duties or functions of a master or deck officer for a regulated Australian vessel that is a yacht if:

(a)   the person holds a seafarer certificate that this Order requires the person to hold to perform those duties or functions; and

(b)   the certificate permits the person to perform duties or functions mentioned in Schedule 1 for the grade of certificate.

Note   A seafarer certificate issued under the Navigation Act, including a certificate of recognition, may include endorsements permitting the certificate holder to perform stated duties or functions — see section 8 of Marine Order 70 (Seafarer certification) 2014.

7          Grades of certificate — permitted duties or functions

                 For paragraph 35(1)(a) of the Navigation Act, a person must hold either of the following kinds of seafarer certificates to perform the duties or functions mentioned in Schedule 1 for a regulated Australian vessel that is a yacht:

(a)   if the person is to perform the duties or functions mentioned in Schedule 1 for a grade of certificate — a seafarer certificate of that grade that is mentioned in Schedule 1; or

(b)   a seafarer certificate of a grade mentioned in Schedule 1 of Marine Order 71 (Masters and deck officers) 2014 that permits the holder to perform the duties or functions.

Note   A certificate of recognition is a kind of seafarer certificate — see subsection 7(2) of Marine Order 70 (Seafarer certification) 2014.

8          Endorsements of certificates

        (1)     A person who holds a master or deck officer — yachts certificate of competency and performs on a sailing vessel master duties or functions for the grade of certificate must also hold a sailing vessel endorsement of the kind that applies to the vessel.

        (2)     A person who holds a seafarer certificate that is a master or deck officer — yachts certificate of competency and performs, on a yacht equipped with ECDIS, duties or functions mentioned in Schedule 1 for the grade of certificate must also hold an endorsement of certificate of proficiency as ECDIS trained.

Division 2     Requirements

9          General requirements

                 For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue by AMSA to a person of a seafarer certificate as a master or deck officer for yachts are as follows:

(a)   the person is familiar enough with the English language that the person can fully understand directions and documents relating to the performance of the duties permitted under the certificate;

(b)   the person satisfies the eligibility requirements for the certificate that are mentioned in Schedule 2.

10        Qualifying seagoing service — general requirements

        (1)     A qualifying seagoing service eligibility requirement mentioned in Schedule 2 for a certificate must comply with Schedule 3.

        (2)     A qualifying seagoing service revalidation requirement mentioned in Schedule 4 for a certificate must comply with Schedule 3.

Note   See also Subdivision 3.1 of Marine Order 70 (Seafarer certification) 2014 for the general rules for the calculation of qualifying seagoing service.

11        Revalidation requirements

                 AMSA may revalidate a seafarer certificate as a master or deck officer for yachts or a certificate of recognition of that kind of certificate if satisfied that:

(a)   the certificate is not suspended, cancelled or revoked; and

(b)   the applicant satisfies the revalidation requirements mentioned in Schedule 4.

Schedule 1    Grades of certificate — permitted duties or functions

(section 7)

Schedule 2    Eligibility requirements for certificates

(paragraph 9(b))

Schedule 3    Qualifying seagoing service — general requirements

(section 10)

     3.1     Service must have been performed as a master, deck officer, trainee deck officer, deck cadet or rating.

     3.2     Qualifying seagoing service is calculated as follows:

(a)   if the person is undertaking master or deck officer duties or functions for at least 8 hours in a 24 hour period, the sea service is taken to be served as a whole day;

(b)   if the person is undertaking master or deck officer duties or functions for less than 8 hours in a 24 hour period, the sea service is taken to be for the actual hours served plus 25% of that time.

     3.3     For clause 3.2, sea service calculated to be at least 8 hours in any 24 hour period is taken to be served as a whole day and no more than a whole day.

Schedule 4    Requirements for revalidation of certificates

(paragraph 11 (b))

     4.1     The person must have at least 1 of the following:

(a)   documented qualifying seagoing service calculated in the same way as required for the issue of the certificate to be revalidated, of:

             (i)  12 months in the 5 years before the application for revalidation; or

            (ii)  3 months in the 6 months before the application for revalidation;

(b)   completed, within the 5 years before the date of applying for revalidation of the certificate, an approved revalidation course appropriate for the grade of certificate to be revalidated;

(c)   performed duties or functions and completed approved courses appropriate for the grade of certificate to be revalidated that together AMSA considers at least equivalent to the service mentioned in paragraph (a);

(d)   within the 5 years before the date of applying for revalidation of the certificate:

             (i)  completed approved short courses appropriate for the grade of certificate; and

            (ii)  have passed a final assessment.

     4.2     The person must hold the following certificates:

(a)   a certificate of medical fitness;

(b)   a GMDSS General Radio Operators Certificate (that complies with STCW Code section A‑IV/2).

     4.3     The person must have maintained the STCW Code required standard of competence in security awareness (as specified in STCW Code Table A-VI/6-1).

     4.4     If the certificate to be revalidated is a Watchkeeper Deck <30000 GT (Yachts) certificate of competency, the person must also have maintained the STCW Code required standard of competence in:

(a)   fire prevention and fire fighting (as specified in STCW Code Table A-VI/1‑2); and

(b)   proficiency in survival craft and rescue boats other than fast rescue boats (as specified in STCW Code Table A-VI/2-1).

     4.5     If the certificate to be revalidated is a Chief Mate <3000 GT (Yachts), Master <500 GT (Yachts) or a Master <3000 GT (Yachts) certificate of competency, the person must also have maintained the STCW Code required standard of competence in:

(a)   advanced firefighting (as specified in STCW Code Table A‑VI/3); and

(b)   proficiency in survival craft and rescue boats other than fast rescue boats (as specified in STCW Code Table A-VI/2-1).

     4.6     If the person is to undertake duties or functions on ECDIS equipped vessels, the person must hold a certificate of proficiency as ECDIS trained.

Notes to Marine Order 74 (Masters and deck officers — yachts) 2015

Note 1

Marine Order 74 (Masters and deck officers — yachts) 2015 (in force under subsection 342(1) of the Navigation Act 2012) as shown in this compilation comprises Marine Order 74 (Masters and deck officers — yachts) 2015 amended as indicated in the following tables.

Table of Orders

Table of amendments