Marine Order 72 (Engineer officers) 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00179

AMSA MO 2014/4
Marine Order 72 (Engineer officers) 2014
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.
21 February 2014
Graham Peachey
Chief Executive Officer
Division 1          Preliminary........................................................................................... 3
1               Name of Order............................................................................................... 3
1A            Commencement............................................................................................. 3
2               Purpose......................................................................................................... 3
3               Power............................................................................................................ 3
4               Definitions..................................................................................................... 4
5               Application.................................................................................................... 6
6               Certification taken to be qualification to perform duties.................................... 6
7               Grades of certificate — permitted duties or functions....................................... 6
Division 2          Requirements...................................................................................... 6
8               Propulsion power........................................................................................... 6
9               General requirements...................................................................................... 7
10             Qualifying seagoing service requirements........................................................ 7
11             Revalidation requirements............................................................................... 7
Division 3          Transitional arrangements.............................................................. 7
12             Expiry of previously issued certificates........................................................... 7
13             Current engineering certificate holders............................................................. 7
Schedule 1      Grades of certificate — permitted duties or functions.............. 8
Schedule 2      Eligibility requirements for certificates......................................... 9
Schedule 3      Qualifying seagoing service requirements for certificates... 15
Schedule 4      Requirements for revalidation of certificates........................... 16
 
Division 1     Preliminary
  
1          Name of Order
                 This Order is Marine Order 72 (Engineer officers) 2014.
1A       Commencement
                 This Order commences on 1 April 2014.
2          Purpose
        (1)     This Order:
(a)   specifies standards of competence to be attained and other conditions to be satisfied by a person to be a qualified engineer officer under the Navigation Act; and
(b)   gives effect to the STCW Convention.
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. See the IMO website at http://www.imo.org/publications.
        (2)     This Order is to be read with Marine Order 70 (Seafarer certification) 2014.
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:
             (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); and
           (iii)  the recognition of certificates and other documents granted or issued to or for masters, officers and seafarers under the national law, the law of a State, a Territory or a foreign country; and
           (iv)  conditions to which seafarer certificates are subject;
(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, for certificates, criteria to be satisfied for their issue, variation or revocation, the time limits for the determination of applications, information to be included in certificates, the person in whose name a certificate is to be issued, conditions to which certificates are subject and conditions that may be imposed on certificates by issuing bodies, the time certificates, variation of certificates and revocations of certificates come into force, the time certificates cease to be in force and ways of replacing 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 for the renewal, suspension, transfer and surrender of certificates, and reports and declarations of issuing bodies, inspectors or other persons;
(i)    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.
        (2)     Subsection 339(1) of the Navigation Act also provides a general regulation making power for matters required or permitted to be prescribed by the Navigation Act, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Note   The Navigation Act includes a number of offences relating to seafarer certificates — see Chapter 2, Part 2, Division 3 of the Act. Offences include falsely representing that a person holds a kind of certificate (section 34), performing duties or functions without the appropriate seafarer certificate (section 35) and breaching a condition of a seafarer certificate (section 37).
4          Definitions
        (1)     In this Order:
chief engineer duties or functions means the tasks, duties and responsibilities of a chief engineer officer that are specified as competencies in STCW Code
Table A‑ III/2, column 1.
electro-technical officer duties or functions means the tasks, duties and responsibilities of an electro-technical officer that are specified as competencies in STCW Code Table A-III/6, column 1.
Engineer Class 3 NC  means a certificate of competency of that name mentioned in NSCV Part D that is issued by the National Regulator under  Marine Order 505 (Certificates of competency — national law) 2013.
engineer training program short courses means the following courses:
(a)   training in advanced fire fighting (that complies with STCW Code Table A‑VI/3);
(b)   training in medical first aid (that complies with STCW Code Table A‑VI/4 paragraphs 1 to 3);
(c)   basic safety training that includes:
             (i)  personal survival techniques (that complies with STCW Code Table A‑VI/1‑1); and
            (ii)  fire prevention and fire fighting (that complies with STCW Code Table A‑VI/1‑2); and
           (iii)  elementary first aid (that complies with STCW Code Table A‑VI/1‑3); and
           (iv)  personal safety and social responsibilities (that complies with STCW Code Table A‑VI/1‑4); and
            (v)  security awareness training (that complies with STCW Code section A-VI/6 paragraph 4).
engineer watchkeeper duties or functions means the tasks, duties and responsibilities of an officer in charge of an engineering watch specified by STCW Code, Table A‑III/1, column 1.
Marine Engine Driver Grade 1 NC certificate of competency means a certificate of competency of that name mentioned in NSCV Part D that is issued by the National Regulator under Marine Order 505 (Certificates of competency — national law) 2013.
qualification that is not workshop skills equivalent means any of the following:
(a)   an advanced diploma of mechanical engineering, electrical engineering or electronics;
(b)   an approved engineering qualification.
second engineer duties or functions means the tasks, duties and responsibilities of a second engineer officer specified by STCW Code Table A‑III/2, column 1.
Note   In the Australian maritime industry, the engineer officer who performs the functions of a Second engineer specified by the STCW Code is generally referred to as the First engineer.
workshop skills equivalent qualification means any of the following:
(a)   Trade certificate in Fitter and turner/machinist;
(b)   Trade certificate as Diesel Fitter;
(c)   Trade certificate as Electrical Fitter;
(d)   Certificate III in Engineering/mechanical trade;
(e)   Certificate III in Automotive/mechanical — diesel fitter;
(f)    Certificate III in Automotive/mechanical — heavy vehicle Road Transport;
(g)   Certificate III in Automotive mechanical — heavy vehicle mobile equipment, plant/earthmoving/agriculture;
(h)   Certificate III in Marine mechanics;
(i)    Certificate III in Automotive mechanical — engine reconditioning;
(j)    Certificate III in ESI generation electrical/electronic;
(k)   Certificate III in ESI generation mechanical;
(l)    any other approved qualification that includes workshop skills.
        (2)     Terms defined in Marine Order 70 (Seafarer qualifications) 2014 and used in this Order have the meaning given by that Order.
Note 1   For information on obtaining copies of IMO documents mentioned in this Order see AMSA’s website at http://www.amsa.gov.au or email international.relations@amsa.gov.au.
Note 2   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013 including:
·         AMSA Act
·         IMO
·         Navigation Act
·         NSCV
·         SOLAS
·         STCW Code.
Note 3   Other terms used in this Order have the same meaning that they have in the Navigation Act, including:
·         AMSA
·         Government vessel
·         master
·         officer
·         owner
·         regulated Australian vessel
·         seafarer
·         seafarer certificate
·         STCW Convention.
Note 4   For delegation of AMSA’s powers under this Order — see the AMSA website 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 an engineer officer on a regulated Australian vessel;
(b)   a person who holds a seafarer certificate as an engineer officer.
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 an engineer officer for a regulated Australian vessel 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 a seafarer certificate of a grade mentioned in Schedule 1 to perform the permitted duties or functions mentioned in Schedule 1 for the grade of certificate.
Note   A certificate of recognition is a kind of seafarer certificate — see subsection 7(2) of Marine Order 70 (Seafarer certification) 2014.
Division 2     Requirements
8          Propulsion power
                 A seafarer certificate to which this Order applies must include the kind of propulsion power to which the certificate applies.
Note   kind, for propulsion of a vessel, means steam or motor – see section 4 of Marine Order 70 (Seafarer certification) 2014.
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 an engineer officer 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 requirements
                 The qualifying seagoing service requirements are those mentioned in Schedule 3.
11        Revalidation requirements
        (1)     AMSA may revalidate a seafarer certificate so that it expires before 1 January 2017 if satisfied that:
(a)   the certificate is not suspended, cancelled or revoked; and
(b)   the applicant satisfies the revalidation requirements mentioned in clauses 4.1 and 4.2 and paragraph 4.3(c) of Schedule 4.
        (2)     AMSA may revalidate a seafarer certificate or a certificate of recognition so that it expires after 31 December 2016 if satisfied that:
(a)   the certificate is not suspended, cancelled or revoked; and
(b)   the applicant satisfies the revalidation requirements mentioned in Schedule 4.
  
Division 3     Transitional arrangements
  
12        Expiry of previously issued certificates
                 A certificate of competency as engineer officer that is in force on 31 March 2014, and any endorsement of it, expires on the earlier of:
(a)   the day determined by AMSA for expiry of the certificate; or
(b)   1 January 2017.
13        Current engineering certificate holders
                 A person holding a certificate of competency as engineer officer that was issued under Marine Order 3 (Seagoing qualifications) 2004 is taken to hold a seafarer certificate that is a certificate of competency as engineer officer.
Note   seafarer certificate means a certificate issued under s 31 of the Navigation Act — see s14 of the Navigation Act.
Schedule 1    Grades of certificate — permitted duties or functions
(section 7)
Grade of certificate
Permitted duties or functions

Electro-technical officer
(a)  Electro-technical officer duties or functions on a vessel powered by main propulsion machinery of any propulsion power in any operating area.
(b)  Able seafarer — engine rating duties or functions

Engineer Watchkeeper
(a)   Engineer watchkeeper duties or functions on a seagoing vessel powered by main propulsion machinery of any propulsion power, of the kind stated on the certificate, in any operating area; and
(b)  if endorsed, second engineer duties or functions on vessels
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