(section 7)

Division 1 Marine Order 3, Issue 6 (Seagoing Qualifications)

[1] Section 2, after definition of Australian near coastal area

insert

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

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

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

certificate of equivalence means a certificate issued by the Manager under provision 47 of Section I.

[2] Section 2, after definition of First Engineer

insert

foreign certificate means a certificate that is:

(a) issued by a maritime administration of a country recognised by Australia,

under a memorandum of understanding, for the recognition of seafarers’

qualifications; and

(b) endorsed in accordance with the following provisions of the STCW Convention:

(i) for a Deck Officer — regulation II/1 or II/2;

(ii) for an Engineer Officer regulation III/1, III/2 or III/3;

(iii) for a deck rating — regulation II/4 or II/5;

(iv) for an engine room rating — regulation III/4 or III/5; and

certificate to perform duties as a qualified master, officer or seaman.

Note The countries with which Australia has a memorandum of understanding are listed on the

AMSA website at http://www.amsa.gov.au.

[3] Section 2, after definition of high speed craft

insert

interim certificate of equivalence means a certificate issued by the Manager under provision 46 of Section I.

[4] Section 4

substitute

4 Application

This Order applies:

(a) to a person performing or intending to perform duties as a qualified master, deck or engineer officer or seafarer on a ship subject to Part II of the Navigation Act that is an International Register ship; and

(b) to a person holding a certificate issued under Section I of this Order.

[5] Provision 6.1.1 paragraph (h)

substitute

(h) document of endorsement issued by the Manager; or

(i) interim certificate of equivalence; or

(j) certificate of equivalence,

[6] After provision 6.1.1

insert

6.1AHowever:

(a) the holder of a valid interim certificate of equivalence or certificate of equivalence is qualified to serve or to be employed only on an International Register ship; and

(b) a person who is not an Australian national or an Australian resident may serve or be employed on an International Register ship as a Master, Chief Mate, Chief Engineer or First Engineer only if he or she has a valid certificate of equivalence, certificate of recognition or certificate of competency issued by AMSA that qualifies the holder to serve or be employed to perform the duties of a Master, Chief Mate, Chief Engineer or First Engineer.

Note It is a condition of registration of a ship in the Australian International Shipping Register that an Australian national or Australian resident is the master or chief mate of the ship and an Australian national or Australian resident is chief engineer or first engineer — see s 33A of the Shipping Registration Act 1981.

[7] Provision 7.4

omit

examination, that examination

insert

examination or assessment mentioned in Section I, that examination or assessment

[8] After provision 7.5

insert

7.6For an assessment mentioned in Section I, 7.5 applies as if the Manager is the examiner and the oral examination is the assessment.

[9] After provision 8.1

insert

Note For the issue of an interim certificate of equivalence or a certificate of equivalence — see Section I.

[10] After provision 9.4

insert

9.5 Duration of interim certificate of equivalence

9.5.1An interim certificate of equivalence, and any endorsement of it, expires 3 months after the date of issue of the certificate.

9.5.2However, if the Manager has determined an earlier date for expiry of the certificate, the certificate, and any endorsement of it, expires on that date.

9.6 Duration of certificate of equivalence

A certificate of equivalence, but not an interim certificate of equivalence, remains current until the expiry of the certificate being recognised, or for any lesser period determined by the Manager.

[11] After provision 10.1

insert

10.1A No revalidation of certificates of equivalence

The holder of a certificate of equivalence is not eligible to have the certificate revalidated.

[12] After Section C, heading

insert

12ASection C does not apply to the following:

(a) a person applying for a certificate of equivalence;

(b) the issue of an interim certificate of equivalence or a certificate of equivalence;

[13] After Section H

insert

Section I Specific requirements for duties on International Register ships

45 Application for certificate of equivalence

A person may apply to AMSA for a certificate of equivalence if the person:

(a) holds a foreign certificate; and

(b) is not an Australian national or an Australian resident.

46 Issue of interim certificate of equivalence

The Manager may issue an interim certificate of equivalence to a person if:

(a) the person:

(i) meets the requirements mentioned in provision 45; and

(ii) shows AMSA the person’s foreign certificate or a certified copy of the certificate; and

(b) the foreign certificate is for the duties the person will perform; and

(i) of the applicant’s identity; and

(ii) of the authenticity of the foreign certificate; and

(iii) that the person holds a certificate of medical fitness in accordance with Marine Orders Part 9, issue 6 (Health — medical fitness); and

(iv) that the applicant will be performing Watchkeeper Deck, Engineer Watchkeeper or ratings duties on an International Register ship.

47 Issue of certificate of equivalence

47.1The Manager may issue a certificate of equivalence to the person if:

(a) the person:

(i) meets the requirements mentioned in provision 45; and

(ii) shows AMSA the person’s foreign certificate for ratings duties or a certified copy of the certificate; and

(b) the Manager is satisfied:

(i) about the applicant’s identity; and

(ii) of the authenticity of the foreign certificate; and

(iii) that the person holds a certificate of medical fitness in accordance with Marine Orders Part 9, issue 6 (Health — medical fitness); and

(iv) that the person has passed an approved English language assessment; and

(v) that the applicant will be working as a rating on an International Register ship.

47.2 The Manager may issue a certificate of equivalence to a person if:

(a) the person:

(i) meets the requirements mentioned in provision 45; and

(ii) shows AMSA the person’s foreign certificate for the kind of officer duties the person is to perform or a certified copy of the certificate; and

(b) the Manager is satisfied:

(i) of the applicant’s identity; and

(ii) of the authenticity of the foreign certificate; and

(iii) that the person holds a certificate of medical fitness in accordance with Marine Orders Part 9, issue 6 (Health — medical fitness); and

(iv) the person will be working as an officer on an International Register ship; and

(c) the person has passed an assessment in knowledge of the Australian maritime regulatory framework to the satisfaction of the Manager; and

(d) the person has passed an approved English language assessment to the satisfaction of the Manager.

47.3On expiry of a certificate of equivalence, the Manager may issue a further certificate of equivalence to the person holding the certificate if satisfied that:

(a) the foreign certificate the person holds has been revalidated; and

(b) the person holds a certificate of medical fitness in accordance with Marine Orders Part 9, issue 6 (Health — medical fitness).

Note The holder of the revalidated foreign certificate need not undergo any further assessment for the further certificate of equivalence to be issued.

Division 2 Marine Orders Part 12, issue 3 (Construction — Subdivision and stability, machinery and electrical installations)

[14] Provision 2, after definition of AS

insert

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

[15] Provision 2, after definition of IMCA

insert

International Register ship means a ship registered on the Australian International Shipping Register.

[16] Schedule 1, subclause 2.1

substitute

2.1 Application

2.1.1 An International Register ship constructed before the date of commencement of section 3 of the Navigation Act 2012 must comply with the bilge pumping requirements of the survey authority of the ship and need not comply with this requirement.

Note For a list of approved survey authorities and their websites see Marine Order 1, issue 2 (Administration).

2.1.2An International Register ship constructed on or after the date of commencement of section 3 of the Navigation Act 2012 must comply with this requirement.

2.1A General

The requirements in paragraph 3 of Regulation 35-1 of Chapter II-1 of SOLAS for passenger ships are to be applied to cargo ships as far as practicable.

[17] Schedule 1, clause 6

substitute

6 Electrical installations — emergency sources of power

(relates to Regulation 43 of SOLAS)

6.1 Application

6.1.1 An International Register ship constructed before the date of commencement of section 3 of the Navigation Act 2012 must comply with paragraph 1.4 of Regulation 42 of Chapter II-1 of SOLAS.

6.1.2An International Register ship constructed on or after the date of commencement of section 3 of the Navigation Act 2012 must comply with subclause 6.2.

6.2 Capability of emergency power source

In addition to the emergency power availability required by SOLAS,

Chapter II-1, Regulation 43, the emergency power source must be capable of:

(a) operating the machinery space fixed pressure water spraying fire-extinguishing system pump, if any, for at least 18 hours; and

(b) providing any other services, for any periods, that the Manager, Ship Inspection and Registration considers necessary for the safety of all on board in such an emergency.

[18] Schedule 1, subclause 8.1

omit

AS 1735 (lifts, escalators and moving walks)

insert

ISO 8383:1985 (Lifts on ships — Specific requirements)

[19] Schedule 1, subclause 8.2

omit

AS 1735. A reference to the ‘Statutory Authority’ in AS 1735 means AMSA.

insert

ISO 8383:1985.

[20] Schedule 1, subclauses 8.3 and 8.12

omit each occurrence of

AS 1735

insert

ISO 8383:1985

[21] Schedule 1, subclause 11.3.1

substitute

11.3.1 A fuel gas cylinder and an oxygen cylinder must comply with any of the following as in force on 1 January 2013:

(a) AS 2030 (Gas cylinders);

(b) any of the following ISO standards:

(i) ISO 14113:2007 (Gas welding equipment. Rubber and plastics hose and hose assemblies for use with industrial gases up to 450 bar (45 MPa);

(ii) ISO 2503:1998 (Gas welding equipment. Pressure regulators for gas cylinders used in welding, cutting and allied processes up to 300 bar);

(iii) ISO 9090: 1989 (Gas tightness of equipment for gas welding and allied processes);

(iv) ISO 9539:2010 (Gas welding equipment — Materials for equipment used in gas welding, cutting and allied processes);

(v) ISO 14114:2009 (Gas welding equipment — Acetylene manifold systems for welding, cutting and allied processes — general requirements);

(i) the requirements of any of the standards mentioned in paragraph (b) that replace requirements of AS 2030 (Gas cylinders); and

(ii) the other requirements of AS2030 (Gas cylinders).

Note A person may also apply for approval by the Manager, Ship Inspection and Registration for an equivalent standard to be complied with instead — see section 6.

Division 3 Marine Orders Part 14, issue 1 (Accommodation)

[22] Provision 1.1, definition of agreement

substitute

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

[23] Provision 1.1, after definition of crew accommodation

insert

International Register ship means a ship registered on the Australian International Shipping Register.

[24] Provision 1.1, definition of Manager

substitute

Manager means the Manager, Ship Inspection and Registration.

[25] Provision 1.1, after definition of Manager

insert

Maritime Labour Convention means the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006.

[26] After provision 2

insert

2A Interpretation

In this Part, a reference to the date when a ship was constructed means the date when:

(a) the keel was laid; or

(b) construction identifiable with the ship has begun and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the ship has been assembled.

[27] Provision 3

substitute

3 Application

3.1An International Register ship constructed on or after the date of commencement of section 3 of the Navigation Act 2012 must comply with this Part.

3.2An International Register ship constructed before the date of commencement of section 3 of the Navigation Act 2012 need not comply with this Part but must apply to AMSA for approval of the arrangements for following kinds of accommodation on the ship:

(a) accommodation of the crew or master;

(b) accommodation of the passengers;

3A AMSA approval of accommodation arrangements for certain International Register ships

3.1AMSA may grant an application by an International Register ship constructed before the date of commencement of section 3 of the Navigation Act 2012 for approval of its accommodation arrangements after considering:

(a) the date of construction of the ship;

(b) the standards for accommodation on ships that were in force in Australia at the time of construction of the ship.

Example for para (b)

ILO ship construction standards and this Part.

3.2AMSA may impose conditions on the approval.

[28] Provision 8.2.2

substitute

8.2.2The crew accommodation of a ship must be inspected by a surveyor if any of the following occurs:

(a) unless the Manager has exempted the ship from a pre-registration inspection — the ship is registered;

(b) unless the Manager has exempted the ship from a re-registration inspection — the ship is re-registered;

8.2.3 The surveyor must report any deficiencies found during an inspection of the crew accommodation to the master of the ship and the Manager.

[29] Appendix 1, subclause 1.4

omit

2.29 metres.

insert

203 cm.

[30] Appendix 1, subclause 1.7.3

substitute

1.7.3Hot water pipes leading to radiators in or serving the crew accommodation must be properly protected or encased.

[31] Appendix 1, subclause 1.9.1

substitute

1.9.1Decks that form floors in crew accommodation must be properly constructed and covered with material that:

(a) is impervious to water; and

(b) can be easily kept clean; and

[32] Appendix 1, subclauses 1.9.2, 1.9.3 and 1.9.4

omit

[33] Appendix 1, subclause 1.9.5

renumber as 1.9.2

[34] Appendix 1, after subclause 2.1.2

insert

2.1.2AHowever, within the accommodation area steam must not be used as a medium for heat transmission.

[35] Appendix 1, subclause 2.2.4

substitute

2.2.4An electric reading light must be installed at the head of each berth.

[36] Appendix 1, subclause 2.2.5, including the note

omit

[37] Appendix 1, subclauses 2.3 and 2.4

substitute

2.3 Mechanical ventilation

2.3.1The accommodation of the master and crew members, radio rooms and centralised machinery control rooms must have temperature controlled mechanical ventilation systems that create an environment that complies with ISO 7547:2002.

2.3.2Air conditioning systems must be designed so that:

(a) air is maintained at a satisfactory temperature and relative humidity compared to outside air conditions; and

(b) there is enough air change in all air conditioned spaces; and

(d) there is no excessive noise or vibration produced by the system; and

(e) easy cleaning and disinfection to prevent or control the spread of disease is facilitated; and

(f) all sanitary spaces have ventilation to the open air independent of any other part of the accommodation.

Example for paragraph (c)

Safety requirements for ship accommodation openings.

Example for paragraph (f)

Sleeping accommodation.

[38] Appendix 1, paragraph 3.1.3(b)

substitute

(b) not more than 4 persons may be accommodated in the same room on a passenger ship.

[39] Appendix 1, subclauses 3.1.4, 3.1.5 and 3.1.6

substitute

3.1.4 The following requirements apply to sleeping accommodation on a ship:

(a) for a ship other than a passenger ship — an individual sleeping room must be provided for each seafarer unless an exemption is granted under subsection 3.1C.1A;

(b) for a passenger ship — a sleeping room must be occupied by:

(i) not more than 4 crew members who are not carrying out the duties of ship’s officers; and

(ii) not more than 2 crew members who are carrying out the duties of ship’s bosun.

Note Guideline B.3.1.5.4 of the Maritime Labour Convention, on which the requirement mentioned in subparagraph 3.1.4(b)(ii) is based, refers to a bosun as a petty officer.

3.1.5 Sleeping rooms must be planned to ensure reasonable comfort for the occupants and to facilitate tidiness.

3.1.6The maximum number of persons who may be accommodated in a sleeping room must be indelibly and legibly marked in the room.

3.1A Sleeping room floor area

3.1A.1The floor area of a single berth sleeping room on a ship must be at least the following:

(a) if the ship is <3000 GT — 4.5m²;

(b) if the ship is ≥3000GT and <10000 GT — 5.5m²;

2(c) if the ship is ≥10 000GT — 7m².

3.1A.2However, a person may apply to AMSA, in accordance with the application process set out in Marine Order 1, issue 2 (Administration), for approval of a reduced floor area for a single berth sleeping room on a ship <3000 GT, a passenger ship or a special purpose ship.

3.1A.3 The floor area of a sleeping room on a ship <3000 GT other than a passenger ship or a special purpose ship that is a room to accommodate 2 seafarers must be at least 7m².

3.1A.4 The floor area of a sleeping room on a passenger ship or a special purpose ship that is a room to accommodate seafarers who are not performing the duties of ships’ officers must be at least the following:

(a) if the room is for 2 crew members — 7.5 m²;

(b) if the room is for 3 crew members — 11.5 m²;

3.1A.5 The floor area of a sleeping room on a special purpose ship that is a room to accommodate more than 4 seafarers must be at least 3.6 m² per person.

3.1A.6 The floor area of a sleeping room on a ship other than a passenger ship or a special purpose ship that is a room to accommodate seafarers who are performing the duties of ships’ officers and for whom no private sitting room or day room is provided must be at least the following:

(a) if the ship is <3000 GT — 7.5 m² per person;

(b) if the ship is ≥3000 GT and < 10000 GT — 8.5 m² per person;

3.1A.7 The floor area of a sleeping room on a passenger ship or a special purpose ship that is a room to accommodate seafarers who are performing the duties of ships’ officers and for whom no private sitting room or day room is provided must be at least the following:

(a) if the room is for junior officers — 7.5 m² per person;

(b) if the room is for senior officers — 8.5 m² per person.

3.1A.8 In this clause, the measurement of floor area:

(a) includes floor space occupied by berths, lockers, seats and chests of drawers; and

(b) excludes small or irregularly shaped floor spaces that cannot be used for installing furniture and do not contribute to the space available for free movement.

3.1B Additional space for master and certain crew members

The master, chief engineer and chief navigating officer of a ship must have an adjoining room of at least the same floor area as the person’s sleeping room.

Example

A sitting room or day room.

3.1C Exemptions

3.1C.1A person may apply to AMSA, in accordance with the application process set out in Marine Order 1, issue 2 (Administration) for the following exemptions:

(a) an exemption from paragraph 3.1.4(a) for a ship that is <3000 GT or a special purpose ship for accommodation for seafarers other than the master and officers;

(b) an exemption from subclause 3.1B for a ship <3000 GT.

3.1C.2 AMSA may impose conditions on an exemption.

Example

A condition on an exemption from paragraph 3.1.4(a) may be that each sleeping room must be occupied by not more than 2 seafarers.

3.1C.3 AMSA must consult with relevant ship owners’ and seafarers’ organisations about the application and must take their views into account when deciding the application.

3.1C.4 For an application mentioned in this Division, the decision maker is the Manager, Ship Inspection and Registration.

[40] Subclauses 3.1.7 and 3.1.8

omit

[41] Appendix 1, subclause 3.2.5

omit

460 millimetres

insert

30 centimetres

[42] Appendix 1, subclause 3.2.10

omit

[43] Appendix 1, subclause 3.3.4

substitute

3.3.4A sleeping room must include for each occupant either of the following kinds of clothes lockers fitted with a shelf and able to be locked by the occupant:

(a) a clothes locker of at least 475 litres volume and a separate drawer or equivalent space of at least 56 litres volume;

(b) a clothes locker of at least 500 litres that incorporates a drawer.

3.3.4A A sleeping room must also include the following:

(a) a table or a fixed, drop-leaf or slide-out desk with comfortable seating;

(b) a mirror;

(d) a book rack;

(e) a sufficient number of coat hooks;

(f) curtains or equivalent for the sidelights.

3.3.4B All furniture must be of a smooth hard, material that is not liable to warping or corrosion.

[44] Appendix 1, subclause 4.1.3

omit

[45] Appendix 1, subclause 4.1.4

substitute

4.1.4A mess room must have:

(a) a refrigerator of enough capacity for the number of persons using the mess room; and

(b) facilities for hot beverages; and

[46] Appendix 1, subclauses 4.1.5 to 4.1.12

omit

[47] Appendix 1, subclauses 4.1.13

omit

Subject to 4.1.2(c), lockers,

insert

Lockers,

[48] Appendix 1, subclause 4.1.15

omit

[49] Appendix 1, subclause 4.2.3

omit

[50] Appendix 1, subclause 4.2.5

substitute

4.2.5The following must be provided for all seafarers on a ship ≥10 000 GT:

(a) a room for showing films or, in areas where there is television reception, television programs;

(b) a hobby or games room.

[51] Appendix 1, clause 5, heading

substitute

5 Day rooms

[52] Appendix 1, subclause 5.1

omit

[53] Appendix 1, subclause 5.2, heading

omit

[54] Appendix 1, subclause 6.1.3

omit

[55] Appendix 1, subclause 6.1.4

omit each mention of

insert

[56] Appendix 1, subclause 7.1.2

omit

[57] Appendix 1, subclauses 7.3, 7.4 and 7.5

substitute

7.3 Change rooms

In a ship ≥800 GT, other than a ship in which private sleeping rooms and private or semi-private bathrooms are provided for all engine department personnel, facilities for changing clothes must:

(a) be provided outside the machinery space but with easy access to it; and

(b) be fitted with individual clothes lockers and tubs (or shower baths) and wash basins with hot and cold running fresh water.

[58] Appendix 1, subclauses 8.1.2, 8.2.3 and 8.4.2

omit

[59] Appendix 2

omit

Division 4 Marine Orders Part 15, issue 5 (Construction — Fire protection, fire detection and fire extinction)

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

insert

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

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

insert

International Register ship means a ship registered on the Australian International Shipping Register.

[62] Schedule 2, paragraph 1.11(c)

omit

AS 1841

insert

ISO 7165:2009

[63] Schedule 2, paragraphs 2.6(f) and 3.11(f)

omit

Australian Standard AS 1841

insert

ISO 7165:2009

[64] Schedule 2, paragraph 4.2(a)

substitute

(a) be designed, manufactured, tested and marked in accordance with ISO 7165:2009; or

[65] Schedule 2, subclause 4.4

omit

[66] Schedule 2, subclause 4.5

omit

Australian Standard 1851

insert

IMO Resolution A.951(23)

[67] Schedule 2, subclause 4.6

omit

[68] Schedule 3, subclause 1.3, heading

substitute

1.3 Requirements for electrical cables

[69] Schedule 3, before subclause 1.3.1

insert

1.3.1AAn International Register ship constructed before the date of commencement of section 3 of the Navigation Act 2012 must comply with the requirements of Chapter II-2 of SOLAS for electrical cables and the requirements for electrical cables of the survey authority of the ship.

Note For a list of approved survey authorities and their websites — see Marine Order 1, issue 2 (Administration).

1.3.1B An International Register ship constructed on or after the date of commencement of section 3 of the Navigation Act 2012 must comply with subclauses 1.3.1 and 1.3.2.

Division 5 Marine Orders Part 21, issue 8 (Safety of navigation and emergency procedures)

[70] Subsection 55.7

omit

Division 6 Marine Order 25, issue 7 (Equipment — life-saving)

[71] Schedule 1, clause 2

omit

[72] Schedule 1, subclause 3.6

omit

[73] Schedule 1, subclause 4.2.1, including the notes

substitute

4.2.1The normal equipment of a liferaft as set out in paragraph 4.1.5.1 of the LSA Code is varied so that the first-aid outfit required by paragraph 4.1.5.1.8 of the LSA Code must comply with Schedule 2.

Division 7 Marine Orders Part 27, Issue 4 (Radio Equipment)

[74] Paragraph 8.5(c)

omit

Division 8 Marine Order 28, issue 4 (Operations standards and procedures)

[75] Subsection 18.3

omit

Division 9 Marine Orders Part 53, Issue 1 (Employment of crews)

[76] Section 1

substitute

1 Definitions

In this Part:

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

Authority means the Australian Maritime Safety Authority.

Convention means the Repatriation of Seafarers (Revised) Convention, 1987, adopted by the 74th (Maritime) Session of the International Labour Converence3, the text of which is set out in Appendix 2.

International Register ship means a ship registered on the Australian International Shipping Register.

Maritime Labour Convention means the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006.

repatriation means the conveyance of a seafarer to his or her proper return port, other than in the discharge of duties in accordance with the seafarer’s work agreement.

seafarer has the same meaning as seaman in section 45A of the Navigation Act.

ship, for a seafarer, means the ship on which the seafarer works or is to work.

war zone means a zone agreed, by the owner of the ship and the employee organisation representing the seafarer, to be a war zone.

work agreement has the same meaning as in section 45A of the Navigation Act.

[77] Section 3

substitute

3 Application

This Part applies to:

(a) each ship to which Part II of the Navigation Act applies that is an International Register ship; and

(b) seafarers who work or propose to work on board International Register ships; and

[78] After section 3

insert

3A Employment arrangements for seafarers on International Register ships

3A.1 Content of work agreement

3A.1.1This section applies to a seafarer to whom a work agreement relates.

3A.1.2A work agreement must include the following information:

(a) the name of the seafarer;

(b) the date of birth or age of the seafarer;

(d) the name and address of the owner of the ship;

(e) the date employment commenced or is to commence with the employer of the seafarer;

(f) the capacity in which the seafarer is to be employed on the ship;

(g) the place and date of signature of the work agreement by the seafarer and the owner of the ship;

(h) the name of any collective agreement that applies to the seafarer and the owner of the ship that contains terms of employment for the seafarer that form part of the work agreement;

(i) if the work agreement is for a stated period — the expiry date of the work agreement;

(j) if the work agreement is for a voyage — the port of destination, the date or event on which the agreement will expire and the period after arrival at the port of destination before the seafarer may be discharged;

(k) the circumstances in which the seafarer must be repatriated to his or her home port;

(l) the amount of paid annual leave or the formula for its calculation;

(m) the amount of the seafarer’s wages or the formula for calculating them;

(n) the method of payment of wages;

(o) arrangements for the termination of the work agreement.

Note for paragraph (g)

For the persons who can sign as owner — see definition of owner in s 6(1) of the Navigation Act.

Example for paragraph (j)

The vessel’s arrival in the port of destination is an event on which the agreement may expire.

Example for paragraph (n)

Payment by electronic funds transfer

3A.1.4 A work agreement must be signed in accordance with subsection 46(4) of the Navigation Act.

3A.2Termination of work agreement

3A.2.1 A work agreement may be terminated only after 4 weeks notice of termination is given by either party unless there are compassionate or other urgent reasons for an earlier termination by the seafarer.

3A.2.2 No penalty is to apply to a seafarer if a work agreement is terminated on less than 4 weeks notice by the seafarer, or without notice, for compassionate or other urgent reasons.

3A.3 Right to seek advice on work agreement

A person must not prevent a seafarer from seeking or obtaining advice of any kind from any person or body about a proposed work agreement between the seafarer and the owner of a ship.

This is a penal provision.

3A.4 Records of documents

3A.4.1 The owner of a ship must ensure that an easily accessible copy of the following documents is kept on board the ship:

(a) each work agreement signed by a seafarer working on the ship;

(b) each collective agreement containing terms of employment that is named in a work agreement that applies to a seafarer working on the ship;

(c) if a collective agreement mentioned in this subsection is in a language other than English — an English translation of the document;

(d) each of the following determinations if it is mentioned in a work agreement that applies to a seafarer working on the ship:

(i) a determination about seafarer wages made under subsection 61AE(3) of the Shipping Registration Act 1981;

(ii) a determination about seafarer compensation made under subsection 61AM(2) of the Shipping Registration Act 1981.

3A.4.2 The owner of a ship must ensure that a copy of a work agreement kept on board the ship may be accessed by the following persons:

(a) the seafarer to whom it applies;

(b) a representative of the seafarer;

(d) an AMSA officer;

(e) a port State control officer of a country the ship is visiting.

This is a penal provision.

3A.5 Period of work agreement

3A.5.1Unless a collective agreement mentioned in paragraph 3A.1.2(h) provides otherwise, a work agreement must be for:

(a) a stated period of 9 months; or

(b) a voyage lasting not more than 9 months.

3A.5.2 However, a work agreement for a period of 9 months may be extended or

reduced by 1 month by the owner for operational convenience.

Note The arrangement in subsection 3A.5.2 is consistent with the ITF Uniform “TCC” Collective Agreement of 1 January 2012-14.

3A.6 Navigation Act requirement for articles of agreement

An agreement that complies with this section complies with section 46 of the Navigation Act.

3A.7 Wages for seafarers

3A.7.1 The owner of a ship must ensure that each seafarer working on the ship is paid:

(a) regularly at no more than monthly intervals; and

(b) by electronic funds transfer, unless otherwise agreed with the seafarer; and

3A.7.2 If a collective agreement that applies to a seafarer and the owner of a ship sets out a payment interval, the owner of the ship must ensure the seafarer is to be paid at that payment interval.

3A.7.3 The owner of a ship must ensure that for each payment of wages each seafarer is given a payslip detailing payments due and amounts paid, including wages, additional payments and the rate of exchange used if payment has been made in a currency different from that agreed in the seafarer’s work agreement.

3A.7.4 The owner of a ship must establish a wage allocation system that:

(a) allows each seafarer to choose that a nominated amount of his or her wages be sent to a nominated person, other than the seafarer, at regular intervals; and

(b) provides for any nominated amount of wages to be sent to the nominated person at regular intervals by electronic funds transfer.

Example for paragraph (a)

A member of the seafarer’s family.

3A.7.5In subclause 3A.7.4:

nominated means nominated by the seafarer.

[79] Subsection 4.1

substitute

4.1 Form of work agreement

A work agreement must be in the approved form.

Note See Marine Order 1, issue 2 (Administration) for information about approved forms. The form is available on the AMSA website at http://www.amsa.gov.au.

[80] Subsection 4.4

omit

61(a)

insert

61(1)(a)

[81] Subsection 4.5.1

omit

[82] Paragraph 7.3.1(b)

omit

Australia

insert

his or her country of residence

[83] Appendix 1, Forms 1 and 3

omit