Schedule 1 Marine Order 70 (Seafarer certification) 2014

(section 4)

[1] Section 2, note

substitute

Note The 2011 edition of the STCW Convention and the STCW Code (including the amendments to the annex of the Convention 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.

[2] Paragraph 3(1)(i)

substitute

(i) paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS;

(j) subsection 342(1) which provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.

[3] Section 4

after

Order:

insert

appropriate radio operator certificate means a certificate that:

(a) is issued in a country with which Australia has an agreement for recognition of GMDSS certificates; and

(b) permits the operation of radio installations on a vessel.

[4] Section 4, definition of functions endorsement

substitute

fully fitted, for GMDSS equipment of a vessel, means that the vessel has equipment so that it is capable of meeting the functional requirements mentioned in:

(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.

functions endorsement means an endorsement of a seafarer certificate permitting duties or functions on a regulated Australian vessel.

GT, for a vessel, means the gross tonnage of the vessel.

GMDSS means the global maritime distress and safety system mentioned in Chapter IV of SOLAS.

GMDSS certificate means a certificate mentioned in regulation IV/2 of Chapter IV of the STCW Convention.

Note A GMDSS radio operator certificate is a kind of GMDSS certificate.

[5] Section 4, definition of length

omit

[6] Section 4, definition of monitored

omit

[7] Section 4, definition of near-coastal waters

omit

outward boundary

insert

outer limits

[8] Section 4, definition of oral examination

after

knowledge

insert

and Australian maritime legislation

[9] Section 4, after definition of qualifying seagoing service

insert

radio operator duties or functions means:

(a) the transmission and receipt of information using GMDSS and GMDSS radiocommunication installations on a vessel; and

(b) providing radio services for a vessel in emergencies.

[10] Section 4, note 4

after

Government vessel

insert

Maritime Labour Convention

[11] Section 6, at the foot

insert

Note Under the Trans-Tasman Mutual Recognition Act 1997, a person who is registered in New Zealand for a seafarer occupation is entitled, after notification to AMSA, to registration in Australia for an equivalent seafarer occupation. Depending on the circumstances and qualifications of the person, AMSA may issue the person with a certificate of recognition — see the AMSA website at http://www.amsa.gov.au for guidance on notification requirements.

[12] After paragraph 7(1)(c)

insert

(ca) a GMDSS radio operator certificate;

[13] Paragraph 7(2)(b)

omit

(1)(b) or (1)(c)

insert

(1)(b), (1)(c) or (1)(ca).

[14] Section 8, note

substitute

Note A 2008 consolidated edition of the HSC Code can be purchased from the International Maritime Organization. A December 2013 Supplement is also available. See the IMO website at http://www.imo.org/publications.

[15] Subsection 10(1)

substitute

(1) An application for a seafarer certificate must be in the approved form.

Note 1 The approved form is available on the AMSA website at http://www.amsa.gov.au. See Marine Order 1 (Administration) 2013 for information about approved forms.

Note 2 See Marine Order 71 (Masters and deck officers) 2014, Marine Order 72 (Engineer Officers) 2014, Marine Order 73 (Ratings) 2014 and Marine Order 74 (Masters and deck officers — yachts) 2015 for eligibility requirements for seafarer certificates.

Note 3 Giving false or misleading information is an offence against s 136 of the Criminal Code.

Note 4 A fee may be determined for this section — see s 47 of the AMSA Act.

[16] Subsection 21(1)

omit

certificate.

insert

certificate or for a seafarer certificate to be endorsed.

[17] Subdivision 3.2, heading

substitute

Subdivision 3.2 GMDSS radio operator certificates, certificates of proficiency as marine cook and certificates of safety training

21A Eligibility criteria for GMDSS radio operator certificate

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

(a) is at least 18 years old; and

(b) has completed an approved course in radio communication that complies with STCW Code section A-IV/2.

21B GMDSS radio operator certificate taken to be qualification to perform duties

For paragraph 35(1)(a) of the Navigation Act, a person must hold a GMDSS radio operator certificate to perform radio operator duties or functions.

[18] Paragraph 23(b)

substitute

(b) the person has completed a training course in the following matters that AMSA considers provide appropriate training for performing marine cook duties or functions:

(i) practical cookery;

(ii) food and personal hygiene;

(iii) food storage and stock control;

(iv) environmental protection and catering health and safety;

[19] After paragraph 23(e)

insert

Note for paragraph (b) See paragraph 4 of Standard A3.2 of the Maritime Labour Convention.

[20] Subparagraph 25(a)(i)

after

insert

at least

[21] After section 25

insert

25A Requirements for revalidation of GMDSS radio operator certificate

The requirements for revalidation of a GMDSS radio operator certificate are that the person holding the certificate:

(a) has maintained a radio watch as a master or an officer of the watch in a seagoing vessel fully fitted with GMDSS equipment for at least:

(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; or

(b) has performed functions that relate to the kind of GMDSS certificate held by the person that AMSA considers to be at least equivalent to those mentioned in paragraph (a); or

(c) has completed, within the 5 years before the date of application for revalidation, approved training that AMSA considers provides appropriate training for performing radio operator duties or functions.

[22] Section 26, after definition of foreign certificate

insert

radio operator certificate means a certificate that permits the operation of radio installations on vessels.

Note An appropriate radio operator certificate is a kind of radio operator certificate. A radio operator certificate is not a kind of foreign certificate.

[23] Section 27, heading

substitute

27 Application process for certificate of recognition or restricted certificate of recognition of certificate other than radio operator certificate

[24] Section 27(2)

omit

a certificate

insert

a certificate, other than a radio operator certificate,

[25] Section 27(3)

substitute

(3)The application must be in the approved form.

Note 1 The approved form is available on the AMSA website at http://www.amsa.gov.au. See Marine Order 1 (Administration) 2013 for information about approved forms.

Note 2 Giving false or misleading information is an offence against s136 of the Criminal Code.

Note 3 A fee may be determined for this section — see section 47of the AMSA Act.

[26] After section 27

insert

27A Application process for certificate of recognition or restricted certificate of recognition of radio operator certificate

(1)A person who holds an appropriate radio operator certificate may apply to AMSA under subsection 30(1) of the Navigation Act for a certificate of recognition of the appropriate radio operator certificate.

(2)A person who holds a radio operator certificate issued by a country with which Australia has no agreement for recognition of GMDSS certificates may apply to AMSA under subsection 30(1) of the Act for a restricted certificate of recognition of the certificate.

(3)The application must be in in the approved form.

Note 1 The approved form is available on the AMSA website at http://www.amsa.gov.au. See Marine Order 1 (Administration) 2013 for information about approved forms.

Note 2 Giving false or misleading information is an offence against s 136 of the Criminal Code.

Note 3 A fee may be determined for this section — see s 47 of the AMSA Act.

(4)The applicant must produce to AMSA:

(a) the applicant’s passport or evidence of the applicant’s passport; and

(b) for an application for a certificate of recognition — the applicant’s appropriate radio operator certificate or a certified copy; and

(c) for an application for a restricted certificate of recognition — the radio operator certificate mentioned in subsection (2) or a certified copy.

(5)AMSA may, in writing, ask the applicant for any information or document that AMSA reasonably considers necessary for consideration of the application.

(6)If AMSA asks for information or a document under subsection (5), it must tell the applicant, in writing, about the effect of the request on the period for consideration of the application.

[27] Section 28

after each mention of

27(5)

insert

or 27A(5)

[28] After subsection 29(2)

insert

(2A) Sub-subparagraph 29(2)(iii)(A) applies to an applicant for a certificate of recognition who holds an appropriate radio operator certificate that was not issued by a maritime administration of a foreign country as if it was issued by a maritime administration of a foreign country.

[29] After paragraph 29(3)(d)

insert

(da) for an application for a restricted certificate of recognition of a radio operator certificate — the applicant has passed an approved course in the transmission and receipt of information using GMDSS and GMDSS radiocommunication installations;

[30] After subsection 29(4)

insert

(4A)However, subsection (4) does not apply to a certificate of recognition or a restricted certificate of recognition of a radio operator certificate.

[31] Subsection 31(2)

substitute

(2)The application must be in the approved form.

Note 1 The approved form is available on the AMSA website at http://www.amsa.gov.au. See Marine Order 1 (Administration) 2013 for information about approved forms.

Note 2 See Marine Order 71 (Masters and deck officers) 2014, Marine Order 72 (Engineer Officers) 2014, Marine Order 73 (Ratings) 2014 or Marine Order 74 (Masters and deck officers — yachts) 2015 for revalidation requirements for certificates. Section 25 of this Order sets out the revalidation requirements for certificates of proficiency as marine cook.

Note 3 Giving false or misleading information is an offence against s 136 of the Criminal Code.

[32] Subsection 34(2)

substitute

(2)The application must be in the approved form.

Note 1 The approved form is available on the AMSA website at http://www.amsa.gov.au. See Marine Order 1 (Administration) 2013 for information about approved forms.

Note 2 Giving false or misleading information is an offence against s 136 of the Criminal Code.

[33] Paragraph 39(b)

omit

12 months

insert

5 years

[34] Section 47

omit

or certificate of recognition

[35] Section 47, at the foot

insert

Note A certificate of recognition is a kind of seafarer certificate — see subsection 7(2).

[36] Subparagraph 54(1)(b)(iii)

omit

insert

[37] Paragraph 63(c)

omit

1989;

insert

1989.

[38] Paragraph 63(d)

omit

[39] Schedule 2, Table 2.1, item 1, paragraphs (b) and (c)

substitute

(b) have, within the 5 years before the endorsement of the certificate:

(ii) at least 3 months approved sea service on a tanker of the kind appropriate for the endorsement, performing functions appropriate for the endorsement that include at least 3 loading and 3 unloading operations (discharges); or

(ii) at least 1 month approved on board training on a tanker of a kind appropriate for the endorsement that:

(A) includes at least 3 loading operations and 3 unloading operations (discharges); and

(B) is documented in an approved training record book; and

(i) for an oil tanker — that complies with STCW Code section A‑V/1‑1, paragraph 2; or

(ii) for a chemical tanker — that complies with STCW Code section A‑V/1‑1, paragraph 3; or

(iii) for a liquefied gas tanker — that complies with STCW Code section A‑V/1‑2, paragraph 2

[40] Schedule 2, Table 2.2, item 2, paragraph (b)

omit

complying with

insert

that complies with

[41] Schedule 2, Table 2.3, item 3, paragraph (a)

after

within

insert

the

[42] Schedule 2, Table 2.3, after item 5

insert

WIG type A craft

(ground effect)

Person must have completed:

(a) within the 5 years before the date of application for revalidation — approved sea service of at least 6 months on a WIG type A craft of the type to which the endorsement refers; or

(b) within the year before the application for revalidation — an approved training program for WIG type A craft operation

[43] Further amendments

provision	omit	insert
Schedule 2, Table 2.3, item 1, paragraph (b)	12 months immediately	5 years
Schedule 2, Table 2.3, item 4, paragraph (b)	12 months immediately	5 years
Schedule 2, Table 2.3, item 5, paragraph (b)	12 months immediately	5 years

Schedule 2 Marine Order 71 (Masters and deck officers) 2014

(section 4)

[1] Section 2, note for paragraph (b)

substitute

Note for paragraph (b) The 2011 edition of the STCW Convention and the STCW Code (including the amendments to the annex of the Convention 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.

[2] Subsection 4(1), after definition of FG

insert

foreign certificate means a certificate that:

(a) is issued by a country other than Australia in accordance with the STCW Convention; and

(b) is not a certificate restricted to service on vessels engaged on near-coastal voyages (that complies with STCW Code section A-II/1 paragraph 7, A-II/2 paragraph 8, A-II/3, A-III/1 paragraph 10, A-III/2 paragraph 8 or AIII/3 paragraph 8).

length, for a vessel, means the overall length of the vessel.

[3] Subsection 4(1), definition of steering certificate

substitute

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

[4] Section 10

substitute

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.

[5] Subsection 11(1)

after

seafarer certificate

insert

as master or deck officer

[6] Subsection 11(2)

omit

or a certificate of recognition

insert

as master or deck officer, or a certificate of recognition of that kind of certificate,

[7] Section 12

substitute

12 Expiry of previously issued certificates

A certificate of competency as master or deck officer that was in force on 31 March 2014, and any endorsement of it, expires on:

(a) if AMSA determined a day for expiry of the certificate — the determined day; or

(b) if AMSA did not determine a day for expiry of the certificate — 1 January 2017.

[8] Schedule 2, eligibility requirements for Master <24 m FG grade of certificate, subparagraph (a)(i)

omit

<35 m

insert

<24 m

[9] Schedule 2, eligibility requirements for Master <500 GT grade of certificate

omit

insert

For

[10] Schedule 2, eligibility requirements for Watchkeeper Deck <500 GT grade of certificate, after paragraph (e)

insert

For sub-subparagraph (b)(ii)(A), the service as an understudy of an officer in charge of a navigational watch must be performed while completing an approved deck watchkeeper understudy program and the seagoing service is:

(a) performed:

(i) in the deck department; and

(ii) in shifts of at least 4 hours; and

(b) includes the following:

(i) 100 hours performing duties as lookout;

(ii) 100 hours performing duties in daylight hours;

(iii) 100 hours performing duties in darkness;

(iv) 180 hours performing watchkeeping duties under supervision.

Note for subparagraph (b)(iii) See subsection 20(4) of Marine Order 11 (Living and working conditions on vessels) 2015 for when seafarers under 18 may perform night work for training purposes for approved programs.

[11] Schedule 2, eligibility requirements for Watchkeeper Deck grade of certificate, after paragraph (g)

insert

For sub-subparagraph (c)(ii)(A), the service as an understudy of an officer in charge of a navigational watch must be performed while completing an approved deck watchkeeper understudy program and the seagoing service is:

(a) performed:

(i) in the deck department; and

(ii) in shifts of at least 4 hours; and

(b) includes the following:

(i) 100 hours performing duties as lookout;

(ii) 100 hours performing duties in daylight hours;

(iii) 100 hours performing duties in darkness;

(iv) 180 hours performing watchkeeping duties under supervision.

[12] Schedule 2, eligibility requirements for Chief Mate <3000 GT grade of certificate, subparagraph (a)(ii)

substitute

(ii) hold a foreign certificate that AMSA considers at least equivalent to the certificate mentioned in subparagraph (i); and

Note For the definition of foreign certificate see section 4.

[13] Schedule 2, eligibility requirements for Chief Mate grade of certificate, subparagraph (a)(ii)

substitute

(ii) hold a foreign certificate that AMSA considers at least equivalent to the certificate mentioned in subparagraph (i); and

Note For the definition of foreign certificate see section 4.

[14] Schedule 2, eligibility requirements for Master <3000 GT grade of certificate, sub-subparagraph (b)(i)(B)

substitute

(B) hold a foreign certificate that AMSA considers at least equivalent to the certificate mentioned in sub–subparagraph (A); and

Note For the definition of foreign certificate see section 4.

[15] Schedule 2, eligibility requirements for Master <3000 GT grade of certificate, sub-subparagraph (b)(ii)(A)

after

endorsement)

insert

, Chief Mate <3000 GT, Master <5000 GT or Chief Mate

[16] Schedule 2, eligibility requirements for Master <3000 GT grade of certificate, sub-subparagraph (b)(ii)(B)

omit

any other

insert

a foreign

[17] Schedule 2, eligibility requirements for Master grade of certificate, sub-subparagraph (b)(i)(B)

omit

another

insert

a foreign

[18] Schedule 3, title

substitute

Schedule 3 Qualifying seagoing service — general requirements

[19] Schedule 3, clause 3.4

omit

[20] Schedule 5, title reference

omit

9(2)(a)

insert

9(2)

[21] Further amendments

provision	omit each mention of	insert
Subsection 4(1), definition of Master <24m NC certificate of competency	<24m	<24 m
Subsection 4(1), definition of Master <35m NC certificate of competency	<35m	<35 m
Schedule 2	<24m	<24 m
Schedule 2, other than eligibility requirements for Master <24 m FG grade of certificate	<35m	<35 m
Schedule 2	operational	operating
Schedule 2	GMDSS General Radio Operators Certificate	GMDSS radio operator certificate
Schedule 4, paragraphs 4.1(b) and (d)	12 months	5 years
Schedule 4, paragraph 4.2(b)	GMDSS General Radio Operators Certificate	GMDSS radio operator certificate

Schedule 3 Marine Order 73 (Ratings) 2014

(section 4)

[1] Section 2, note

substitute

[2] Subsection 4(1), definition of integrated rating duties or functions

substitute

engine room watch rating duties or functions means the tasks, duties and responsibilities of a rating forming part of an engineering watch that are specified as competencies in STCW Code Table A-II/4, column 1.

integrated rating duties or functions means duties comprising able seafarer — deck ratings duties or functions and able seafarer — engine rating duties or functions.

length, for a vessel, means the overall length of the vessel.

navigational watch rating duties or functions means the tasks, duties and responsibilities of a rating forming part of a navigational watch that are specified as competencies in STCW Code Table A-II/4, column 1.

[3] Subsection 4(1), definition of steering certificate

omit each mention of

of at least 500 GT

insert

at least 24 metres long

[4] Section 9

substitute

9 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.

[5] Subsection 10(1)

after

seafarer certificate

insert

as a rating

[6] Subsection 10(2)

omit

or a certificate of recognition

insert

as a rating, or a certificate of recognition of that kind of certificate,

[7] Section 11

omit

[8] Schedule 1

substitute

Schedule 1 Grades of certificate — permitted duties or functions

(section 7)

Grade of certificate	Permitted duties or functions
Navigational Watch Rating	Navigational watch rating duties or functions on vessels of any size in any operating area
Engine Room Watch Rating	Engine room watch rating duties or functions on vessels of any size in any operating area
Able Seafarer — Deck	Able seafarer — deck rating duties or functions on vessels of any size in any operating area
Able Seafarer — Engine	Able seafarer — engine rating duties or functions on vessels of any size in any operating area
Integrated Rating	Integrated rating duties or functions on vessels of any size in any operating area
Chief Integrated Rating	Chief integrated rating and integrated rating duties or functions on vessels of any size in any operating area

[9] Schedule 2, before item for Able Seafarer — Deck

insert

Navigational Watch Rating

Engine Room Watch Rating

Person must:

(a) be at least 18 years old; and

(b) have completed:

(i) both:

(A) an approved program of study, that includes vocational training (that complies with STCW Code section A-II/4); and

(B) at least 2 months documented qualifying seagoing service; or

(ii) at least 6 months qualifying sea service that includes vocational training (that complies with STCW Code section A-II/4); and

(c) have completed an approved course of basic safety training (that complies with STCW Code section A-VI/1 paragraph 2); and

(d) have completed security awareness training (that complies with STCW Code section A-VI/6 paragraph 4); and

(e) hold the following certificates:

(i) an approved steering certificate;

(ii) a certificate of medical fitness.

Person must:

(a) be at least 18 years old; and

(b) have completed:

(i) both:

(A) an approved program of study, that includes vocational training (that complies with STCW Code section A-III/4); and

(B) at least 2 months documented qualifying seagoing service; or

(ii) at least 6 months documented qualifying sea service that includes vocational training (that complies with STCW Code section A-III/4); and

(c) have completed an approved course of basic safety training (that complies with STCW Code section A-VI/1 paragraph 2); and

(d) have completed security awareness training (that complies with STCW Code section A-VI/6 paragraph 4); and

(e) hold a certificate of medical fitness.

[10] Schedule 3, title

substitute

Schedule 3 Qualifying seagoing service — general requirements

[11] Schedule 3, clause 3.1

omit

on voyages of at least 24 hours duration

[12] After Schedule 4, option 1, subclause (4)

insert

(5) For revalidation of a Navigational Watch Rating certificate or an Engine Room Watch Rating certificate, the person must:

(a) have maintained the STCW Code required standard of competence in:

(i) personal survival techniques (as specified in STCW Code Table A-VI/1-1); and

(ii) fire prevention and fire fighting (as specified in STCW Code Table

A- VI/1-2); and

(ii) security awareness (as specified in STCW Code Table A-VI/6-1); and

(b) hold a certificate of medical fitness.

[13] Schedule 4, option 2, subclause (5)

substitute

(5) For revalidation of a Navigational Watch Rating certificate or an Engine Room Watch Rating certificate, the person must:

(a) have completed approved courses in the following:

(i) personal survival techniques (as specified in STCW Code Table A-VI/1-1); and

(ii) fire prevention and fire fighting (as specified in STCW Code Table

A- VI/1-2); and

(iii) security awareness (as specified in STCW Code Table A-VI/6-1); and

(b) hold a certificate of medical fitness.

(6) For this Option, approved courses must be completed within the 5 years before the date of applying for revalidation of the certificate.

[14] Further amendments

provision	omit each mention of	insert
Schedule 2, Able Seafarer — Deck grade of certificate, subparagraph (f)(ii)	an approved	a
Schedule 2, Integrated Rating grade of certificate, subparagraph (f)(ii)	an approved	a
Schedule 4, option 2, subclause (1)	qualifying	qualifying seagoing

Schedule 4 Marine Order 74 (Masters and deck officers — yachts) 2015

(section 4)

[1] Section 2, at the foot

insert

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.