Marine Order 28, issue 4

Link to law: https://www.comlaw.gov.au/Details/F2012L00790

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
AMSA MO 2012/3
Marine Order 28, issue 4 (Operations standards and procedures)
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 425(1AA) of the Navigation Act 1912.
2 April 2012
Graham Peachey
Chief Executive Officer
Division 1     General.................................................................................................... 3
1           Name of Order............................................................................................... 3
2           Commencement............................................................................................. 3
3           Repeal of Marine Orders Part 28, issue 3......................................................... 3
4           Purpose......................................................................................................... 3
5           Power............................................................................................................ 3
6           Definitions..................................................................................................... 4
7           Ships to which this Order applies.................................................................... 4
Division 2     Responsibilities of operators and seafarers................................. 4
8           General.......................................................................................................... 4
9           Operators of ships......................................................................................... 5
10          The master..................................................................................................... 5
11          Newly assigned seafarers............................................................................... 6
Division 3     Standards for watchkeeping............................................................. 6
12          Seafarers to whom this Division applies.......................................................... 6
13          Responsibility of operators............................................................................. 6
14          Minimum hours of rest.................................................................................... 6
15          Exceptions from minimum hours of rest.......................................................... 7
16          Emergency or drill or other overriding operational conditions............................ 7
17          Watch schedules and records......................................................................... 8
18          Watchkeeping................................................................................................ 9
Division 1     General
  
1          Name of Order
                 This Order is Marine Order 28, issue 4.
2          Commencement
                 This Order commences on 15 April 2012.
3          Repeal of Marine Orders Part 28, issue 3
                 Marine Orders Part 28, issue 3 is repealed.
4          Purpose
                 This Order makes provision for the safe navigation and operation of ships by giving effect to:
(a)   the following provisions of the STCW Convention:
             (i)  Regulation I/14;
            (ii)  Regulation VIII/1;
           (iii)  Regulation VIII/2; and
(b)   the following provisions of the STCW Code:
             (i)  Section A–I/14;
            (ii)  Section A–VIII/1;
           (iii)  Section A–VIII/2;
           (iv)  Section B–I/14;
(v) Section B–VIII/2.
5          Power
       5.1     Subsection 15(1A) of the Navigation Act provides that the regulations may give effect to the STCW Convention.
       5.2     Subsection 425(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.
       5.3     Paragraph 425(1)(db) of the Navigation Act provides that the regulations may make provision for the safe navigation and operation of ships.
       5.4     Subsection 425(1AA) of the Navigation Act provides for the making of orders about matters for which provision can be made by the regulations.
6          Definitions
                 In this Order:
operator, of a ship, has the meaning given to Company in the STCW Convention.
seafarer means:
(a)   a seaman as defined in subsection 6(1) of the Navigation Act; or
(b)   the master of a ship.
STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of Parties to the STCW Convention.
Note 1   The resolution mentioned in the definition of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference (STCW/CONF.2/34).
Note 2   Terms used in this Order have the same meaning that they have in the Navigation Act. For example, the following terms are defined in the Navigation Act:
·         master
·         owner (see Act, s 6(4))
·         STCW Convention.
Note 3   Some terms used in this Order are defined or explained in Marine Order 1 (Administration), including:
·         AMSA
·         Navigation Act
·         penal provision
·         SOLAS.
7          Ships to which this Order applies
       7.1     This Order applies to a ship to which Part II of the Navigation Act applies.
       7.2     This Order (other than subsection 9.4, sections 11 and 15 and subsections 17.4, 17.5 and 18.3) applies to a ship registered in a country other than Australia while it is in the territorial sea of Australia or in waters on the landward side of the territorial sea.
Note 1   For the meaning of territorial sea of Australia — see the Seas and Submerged Lands Act 1973.
Note 2   The provisions mentioned in subsection 7.2 impose specific requirements for ships to which Part II of the Navigation Act applies beyond the requirements of the STCW Convention and Code.
Division 2     Responsibilities of operators and seafarers
  
8          General
                 Operators of ships and seafarers each have responsibility for ensuring that the obligations mentioned in paragraph 1 of Section A–I/14 of the STCW Code are given full effect.
9          Operators of ships
       9.1     The operator of a ship is responsible for the assignment of seafarers for service in the ship.
       9.2     The operator of a ship must ensure that:
(a)   each seafarer assigned to the ship holds a certificate appropriate to the seafarer’s duties, in accordance with:
             (i)  for a ship mentioned in subsection 7.1 — Marine Orders, Part 3 (Seagoing Qualifications); or
            (ii)  for a ship mentioned in subsection 7.2:
(A)    the STCW Convention; and
(B)    the law of the country in which the ship is registered; and
(b)   the ship complies with the safe manning document issued to the ship under Chapter V, regulation 14, paragraph 2 of SOLAS; and
(c)   documentation and data relevant to all seafarers employed on the ship are maintained and readily accessible, including documentation and data on their experience, training, medical fitness and competency in assigned duties; and
(d)   when each seafarer is assigned to the ship, he or she is familiarised with his or her specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to his or her routine or emergency duties; and
(e)   the ship’s complement can effectively coordinate their activities:
             (i)  in an emergency; and
            (ii)  in performing functions vital to safety, security or the prevention or mitigation of pollution; and
(f)    each seafarer assigned to the ship has received refresher and updating training as required by the STCW Convention; and
(g)   at all times on board the ship, there is effective oral communication in accordance with Chapter V, regulation 14, paragraphs 3 and 4 of SOLAS.
This is a penal provision.
       9.3     The operator of a ship must give written instructions to the master of the ship in accordance with paragraph 2 of Section A–I/14 of the STCW Code.
This is a penal provision.
       9.4     The operator of a ship must provide a ship-specific introductory program and training to assist each newly employed seafarer in accordance with paragraph 1 of Section B–I/14 of the STCW Code.
10        The master
                 The master of a ship must comply with paragraph 3 of Section B–I/14 of the STCW Code.
11        Newly assigned seafarers
     11.1     A seafarer who is newly assigned to a ship must comply with paragraphs 4 and 5 of Section B–I/14 of the STCW Code.
     11.2     Subsection 11.1 applies even if the seafarer was assigned to the ship on a previous occasion.
Division 3     Standards for watchkeeping
  
12        Seafarers to whom this Division applies
     12.1     This Division applies to the following:
(a)   a seafarer who is doing assigned duty as officer of a watch or as a rating forming part of a watch;
(b)   a seafarer who is doing duty involving designated safety, prevention of pollution and security duties;
(c)   a seafarer who is on call for duties mentioned in paragraph (a) or (b);
(d)   the master and chief engineer (because they are taken to be on call at all times).
     12.2     For paragraph 12.1(b), designated safety, prevention of pollution and security duties are:
(a)   duties identified as duties of that kind in any of the following documents:
             (i)  a document outlining the safety management system for the ship;
            (ii)  a document outlining shipboard procedures for the ship;
           (iii)  the employment contract for an individual seafarer; or
(b)   duties that are duties of that kind according to practices followed on an individual ship, including practices relating to the duties to be performed by seafarers having a particular role on the ship.
Note   A safety management system is required by the International Safety Management (ISM) Code, as defined in SOLAS, Chapter IX, regulation 1.
13        Responsibility of operators
                 The operator of a ship must ensure that sections 14 to 18 are complied with for each seafarer assigned to the ship.
This is a penal provision.
14        Minimum hours of rest
     14.1     The minimum hours of rest for a seafarer must be:
(a)   10 hours in any 24 hours; and
(b)   77 hours in any 7 days.
     14.2     The minimum hours of rest may be divided into 2 periods, of which 1 period must be at least 6 hours.
     14.3     The interval between consecutive periods of rest must not exceed 14 hours.
15        Exceptions from minimum hours of rest
     15.1     The operator of a ship may apply to AMSA, in accordance with Marine Order 1 (Administration), for approval of an exception from the rules in section 14 about minimum hours of rest for a seafarer.
Note   An approval may relate to several seafarers, or classes of seafarers — see Acts Interpretation Act 1901, para 23(b) and s 33(3AB).
     15.2     The decision maker for an application under subsection 15.1 is the Manager, Ship Operations and Qualifications.
     15.3     The decision maker may approve an exception only if it is in accordance with Section A —VIII /1 of the STCW Code.
Note   Marine Order 1 (Administration) deals with the following:
·         making of an application
·         seeking further information about an application
·         the time allowed for consideration of an application
·         notification of a decision on an application
·         review of decisions.
16        Emergency or drill or other overriding operational conditions
     16.1     This section applies in any of the following circumstances:
(a)   an emergency, including:
             (i)  a situation affecting the immediate safety of the ship, persons on board or cargo; or
            (ii)  giving assistance to other ships or persons in distress at sea;
(b)   if a drill is being conducted;
(c)   essential shipboard work that:
             (i)  cannot be delayed for safety or environmental reasons; and
            (ii)  could not reasonably have been anticipated when the voyage started.
     16.2     The master may:
(a)   suspend the watch schedule; and
(b)   personally perform any hours of work necessary while the circumstances exist; and
(c)   require another seafarer to perform any hours of work necessary while the circumstances exist.
     16.3     As soon as practicable after the circumstances end, the master must:
(a)   if the master performed work in a scheduled rest period while the circumstances existed — take a compensatory rest period; and
(b)   ensure that any other seafarer who performed work in a scheduled rest period while the circumstances existed is given a compensatory rest period.
     16.4     If a seafarer’s minimum hours of rest are disturbed by call outs to work while the seafarer is on call (eg when a machinery space is unattended), the seafarer must be given a compensatory rest period.
     16.5     Musters, fire-fighting and lifeboat drills, and drills required by legislation or international instruments, must be conducted in a way that minimises the disturbance of rest periods and does not induce fatigue.
Note 1   Under section 268 of the Navigation Act, the master of a ship must report certain accidents and dangers to navigation to AMSA.  Section 13.2 of Marine Orders Part 31 (Ship surveys and certification) prescribes certain matters in relation to reports under section 268.
Note 2   Section 269B of the Navigation Act enables requirements to be prescribed for reporting about movements of ships.  Marine Order Part 63 (AUSREP) prescribes the requirements.
17        Watch schedules and records
     17.1     The operator of a ship must ensure that current watch schedules are displayed in areas of the ship easily accessible by all seafarers on board.
     17.2     The schedules must be in a standardised format in the working language of the ship and in English.
     17.3     A seafarer, including the master and chief engineer, must record his or her hours of work and rest for the following periods:
(a)   the duration of the seafarer’s assignment to the ship; or
(b)   for a seafarer whose duties do not normally include duties mentioned in paragraphs 12.1(a) or (b) but who is required to do duty, or to be on call for duties, of that kind for a particular watch — the duration of the watch.
Note   For offences relating to false or misleading information or documents — see Division 137 of the Criminal Code.
     17.4     For subsection 17.3, a seafarer must:
(a)   make a personal record of his or her hours of work and rest every day; and
(b)   transfer the personal record to the records of the ship in the standardised format mentioned in subsection 17.6 within 7 days after the period of work or rest to which the record relates.
     17.5     The operator of a ship must keep records transferred under paragraph 17.4(b) for at least 12 months after the events recorded (the retention period).
     17.6     The records must be in a standardised format in the working language of the ship and in English.
Note   The standardised format may be the format mentioned in the note at the foot of this section.
     17.7     The operator of a ship must, on request by a seafarer during the retention period, give the seafarer a copy of the records relating to the seafarer, endorsed by the master, or a person authorised by the master, and by the seafarer.
     17.8     The records must be available for inspection by a surveyor during the retention period.
Note   The IMO/ILO guidelines for the development of tables of seafarers’ shipboard working arrangements and formats of records of seafarers’ hours of work or hours of rest may be used for the watch schedules and keeping of records.  The guidelines are available at http://www.imo.org.
18        Watchkeeping
     18.1     The operator and the master of a ship, and any person engaged in watchkeeping duties on the ship, must observe the standards for watchkeeping mentioned in Section A–VIII/2 of the STCW Code, taking into account the guidance given in Section B–VIII/2 of the STCW Code.
Note   The relevant text of Chapter VIII of Sections A and B of the STCW Code — Information for seafarers regarding watchkeeping standards is available on the AMSA website at http://www.amsa.gov.au.
     18.2     The master of a ship must ensure that watchkeeping arrangements are in accordance with subparagraphs 1 to 5 of paragraph 2 of Regulation VIII/2 of the STCW Convention.
     18.3     The master of a ship must ensure that a ship in port with propulsion power of at least 750 kW maintains an Officer in charge of the engineering watch at all times.
Note   Subsection 18.3 is a more stringent requirement than paragraph 95 of Section A–VIII/2 of the STCW Code which gives the master of a ship discretion, under subparagraph 2, not to maintain an officer in charge of the engineering watch while in port for a vessel of less than 3000 kW propulsion power. This subsection applies to a ship to which Part II of the Navigation Act applies — see s 7.1 and 7.2.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.