MARINE ORDERS
Part 28
Operations standards and
procedures
Issue 3
This compilation was prepared on 1 April 2010 taking into account amendments up to Marine Orders Part 28: Operations standards and procedures, Issue 3 (Amendment) (Order No. 2 of 2010).
Prepared by the Australian Maritime Safety Authority, Canberra.
Table of contents
2 Definitions of words and phrases used in this Part
4 Application
5 Responsibilities of companies, masters and crew members
7 Watchkeeping
Previous issues
Issue 1, Order No 6 of 1984
Issue 2, Order No 9 of 1997
Issue 3, Order No 4 of 2009
—Amended by Order No 2 of 2010
1.1 Purpose
This Part makes provision for the safe navigation and operation of ships by giving effect to:
(a) the STCW Convention:
(i) Regulation I/14;
(ii) Regulation VIII/1; and
(iii) Regulation VIII/2.
(b) the STCW Code:
(i) Section A–I/14;
(ii) Section A–VIII/1;
(iii) Section A–VIII/2;
(iv) Section B–I/14; and
(v) Section B–VIII/2.
1.2 Power
1.2.1 Subsection 15(1A) of the Navigation Act provides that the regulations may give effect to the STCW Convention.
1.2.2 Paragraph 425(1)(db) of the Navigation Act provides that the regulations may make provision for the safe navigation and operation of ships.
1.2.3 Subsection 425(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.
1.2.4 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to certain matters for or in relation to which provision may be made by regulation.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Company means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by these orders;
IMO means the International Maritime Organization;
Navigation Act means the Navigation Act 1912;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations 1980;
Note Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person who fails to comply with a
provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal
provision is guilty of an offence and is punishable by a fine not exceeding 50 penalty units. The maximum penalty
that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.
STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference of Parties to the Convention as Resolution 2;
STCW Convention has the same meaning as in the Navigation Act.
3 Interpretation
3.1 In this part unless otherwise provided or unless the context otherwise requires, words or phrases have the same meaning as they have in the STCW Convention or the STCW Code.
3.2 In this Part:
(a) headings and sub-headings are part of this Part; and
(b) a note is not part of the Part, but may provide additional information or guidance in applying the Part.
4.1 This Part applies to a ship to which Part II of the Navigation Act applies.
4.2 Provision 7, to the extent that it deals with watchkeeping arrangements and principles to be observed on board a ship in port, also applies to any other ship while in an Australian port.
5 Responsibilities of companies, masters and crew members
5.1 General
Companies, masters and crew members each have responsibility for ensuring that the obligations set out in paragraph 1 of Section A – I/14 of the STCW Code are given full and complete effect.
5.2 Companies
5.2.1 Each Company is responsible for the assignment of seafarers for service in its ships, and every Company must ensure that:
(a) each seafarer assigned to any of its ships holds an appropriate certificate in accordance with the provisions of Marine Orders, Part 3 (Seagoing Qualifications);
(b) its ships are manned in compliance with the safe manning document issued to the ship;
(c) documentation and data relevant to all seafarers employed on its ships are maintained and readily accessible, and include, without being limited to, documentation and data on their experience, training, medical fitness and competency in assigned duties;
(d) seafarers on being assigned to any of its ships are familiarised with their specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to their routine or emergency duties; and
(e) the ship's complement can effectively co-ordinate their activities in an emergency situation and in performing functions vital to safety or to the prevention or mitigation of pollution.
This is a penal provision.
5.2.2 A Company must provide written instructions to the master of each ship in accordance with paragraph 2 of Section A – I/14 of the STCW Code.
This is a penal provision.
5.3 The Master
The master of a ship should act in accordance with paragraph 2 of Section B – I/14 of the STCW Code.
5.4 The Crew
Seafarers who are newly assigned to a ship should act in accordance with paragraph 3 of Section B–I/14 of the STCW Code.
6 Fitness for Duty
6.1 Responsibility of the Company
A company must act in accordance with Section A-VIII/1 of the STCW Code.
This is a penal provision.
6.2 Minimum Rest Periods
6.2.1 All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch must be provided a minimum of 10 hours rest period in any 24-hour period.
6.2.2 The hours of rest may be divided into no more than two periods, one of which must be at least six hours in length.
6.2.3 The requirements of 6.2.1 and 6.2.2 need not be maintained in the case of an emergency or drill or in any other overriding operational conditions.
Note Overriding operational conditions means essential shipboard work that cannot be delayed for safety or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.
6.2.4 Notwithstanding 6.2.1 and 6.2.2, the minimum period of ten hours may be reduced to not less than 6 consecutive hours provided that any such reduction must not extend beyond two days and not less than 70 hours of rest are provided each seven day period.
Note In applying Provision 6, the following should be taken into account:
Although there is no universally accepted technical definition of fatigue, everyone involved in ship operations should be alert to the factors that can contribute to fatigue, including, but not limited to, those identified in IMO Resolution A.772(18).
6.2.5 A company must ensure that watch schedules are posted in areas easily accessible by the crew.
This is a penal provision.
6.2.6 A company must arrange for records to be maintained of hours of work and rest in relation to watchkeeping duties.
6.2.7 For the purposes of 6.2.6, records of hours and rest in relation to watchkeeping duties must be available for inspection for a period of no less than 12 months from the date the watchkeeping duties took place.
7 Watchkeeping
7.1 Watchkeeping arrangements and principles to be observed
Companies, masters and persons engaged on watchkeeping duties must observe the standards regarding watchkeeping set out in Section A–VIII/2, taking into account the guidance provided under Section B-VIII/2 of the STCW Code, with the exception of Part 5 of Section B –VIII/2 as appropriate.
Note To assist seafarers AMSA has reproduced the relevant text of Chapter VIII of Section A and B of the STCW Code – Information for seafarers regarding watchkeeping standards. It is available on the AMSA website at www.amsa.gov.au.
7.2 Master to Ensure Adequate Arrangements
A master of a ship must ensure watchkeeping arrangements are in accordance with sub-paragraphs 1 to 4 of paragraph 2 of Regulation VIII/2 of the STCW Convention.
7.3 Ships with propulsion power equal to or greater than 750kW
A master of a ship must ensure that a ship in port with propulsion power equal to or greater than 750kW maintains an Officer in charge of the Engineering Watch at all times.
Note 7.3 prevails over Paragraph 95 of the STCW Code. Paragraph 95 of the STCW Code grants a master of a ship a discretion under sub-paragraph 2, whereby a master may choose not to maintain an officer in charge of the engineering watch while in Port in relation to vessels of less than 3000kW propulsion power. It should be noted that ships in an Australian Port must act in accordance with 7.3 whereby a ship with propulsion power equal to or greater than 750kW must maintain an Officer in charge of the Engineering Watch at all times.
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Notes to Marine Orders Part 28: Operations, standards and procedures, Issue 3
Note 1
Marine Orders Part 28: Operations, standards and procedures Issue 3 (in force under the Navigation Act 1912) as shown in this compilation comprise Order No. 4 of 2009 amended as indicated in the Tables below.
Table of Instruments
Number and year | Date of registration on FRLI | Date of commencement | Application, saving or transitional provisions |
Order No. 4 of 2009 | 21 October 2009 | 1 November 2009 |
|
Order No. 2 of 2010 | 29 March 2010 | 1 April 2010 |
|
Table Of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected | How affected |
Provision 6.2.6 | am. Order No. 2 of 2010 |
Provision 6.2.7 | ad. Order No. 2 of 2010 |
Provision 7.1 | am. Order No. 2 of 2010 |