MARINE ORDERS
Part 3
Seagoing qualifications
Issue 6
Amendment

Order No. 8 of 2007
Pursuant to subsection 425 (1AA) of the Navigation Act 1912, I hereby make this Order amending Marine Orders, Part 3, Issue 6, in the manner set out herein, to come into operation on 1 January 2008.

 
 
 
Michael Kinley
Acting Chief Executive Officer
30 November 2007


Table of Contents
 
1        Purpose and power
2        Definitions of words and phrases used in this Part
3        Amendment of principal provisions
4        Amendment of footnotes
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Issue 1, Order No 3 of 1981
Issue 2, Order No 3 of 1983
—Amended by Order No 3 of 1984
—Amended by Order No 6 of 1985
Issue 3, Order No 3 of 1988
—Amended by Order No 3 of 1993
Issue 4, Order No 7 of 1994
Issue 5, Order No 8 of 1997
—Amended by Order No 14 of 1998
Issue 6, Order No 8 of 2004

 
1  Purpose and power
1.1  Purpose
This Part of Marine Orders specifies matters for the purpose of section 15 of the Navigation Act.  In doing so, it gives effect to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention).
1.2  Power
1.2.1  Section 16 of the Navigation Act provides that a person shall not:
(a)  falsely represent himself or herself to be a qualified master, officer or seaman of any designation;
(b) perform duties that, under the regulations and orders, are the duties of a master, officer or seaman of a particular designation if the person is not a qualified master, officer or seaman of that designation; or
(c) take another person into employment to perform duties that, under the regulations and orders, are the duties of a master, officer or seaman of a particular designation if the other person is not a qualified master, officer or seaman of that designation.
1.2.2  Marine Orders, Part 25 (Equipment—Life-saving) requires that survival craft, rescue boats and fast rescue boats are manned by persons holding appropriate certificates of proficiency.
1.2.3  Section 15 of the Navigation Act provides that the regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of the Act.  Section 15 also provides that the regulations may give effect to the STCW Convention.
1.2.4  Subsection 425 (1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter (other than the imposition of penalties) for or in relation to which provision may be made by regulation. 
2  Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Navigation Act means the Navigation Act 1912;
STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended;[2]
3  Amendment of principal provisions
3.1  In Provision 1.2.3, insert the following sentence after the existing text:
“Section 15 also provides that the regulations may give effect to the STCW Convention.”
3.2  In Provision 2, after the definition of satisfactorily insert the following definition:
“ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the Company security officer and port facility security officers;”
3.3  In Provision 2, at the end of the definition of STCW Code insert a reference to footnote 1a.
3.4  Substitute Provision 5.1.1 with the following provision:
“5.1.1  If the Manager makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.”
3.5  Substitute Provision 5.1.2 with the following provision:
“5.1.2  An application for internal review under 5.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.”
3.6  After provision 5.1.3, insert the following provision:
“5.1.4  The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.”
3.7  Substitute Provision 5.2.2 with the following provision:
“5.2.2  The notice of a decision by the General Manager under provision 5.1.3 must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision.  The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.”
3.8  After Provision 6.1.2, insert the following provision:
“6.1.3  For the purposes of section 16 of the Navigation Act, a person who holds a certificate of proficiency as a ship security officer that is issued or recognised under this Part is qualified to serve, or to be taken into employment, as a ship security officer.”
3.9  After Provision 42, insert the following section:
“SECTION H   SPECIFIC REQUIREMENTS FOR THE ISSUE OF A CERTIFICATE OF PROFICIENCY AS SHIP SECURITY OFFICER
43  Eligibility for certificate of proficiency as ship security officer
To be eligible for a certificate of proficiency as a ship security officer, a person must:
(a)  have:
(i)    completed approved seagoing service of at least 12 months; or
(ii)    appropriate seagoing service and knowledge of ship operations that the Manager considers to be equivalent to the service mentioned in subparagraph (i); and
(b) have completed an approved program of training that complies with paragraphs 1 to 4 of section A-VI/5 of the STCW Code.
44  Transitional
Until 1 July 2009, the Manager may issue a certificate of proficiency as a ship security officer to a person, if the person has:
(a)  during the period commencing on 1 January 2005 and ending at the end of 31 December 2007 — completed approved seagoing service as a ship security officer for at least 6 months in total; or
(b) before 1 January 2008 — performed security functions considered by the Manager as equivalent to the seagoing service mentioned in paragraph (a); or
(c) before 1 January 2008 — successfully completed approved training.”
4  Amendment of footnotes
Note: A footnote, or a note included in the text and printed in italics, is not part of the Part, but may provide additional information or guidance in applying the Part.
4.1  Substitute the text of footnote 1 with the following text:
“Subregulation 4 (1) of the Navigation (Orders) Regulations 1980 provides that a person who fails to comply with a provision of an order made under subsection 425 (1AA) of the Navigation Act that is expressed to be a penal provision is guilty of an offence and is punishable by a fine not exceeding 50 penalty units. 
  A penalty unit is currently $110. Subsection 4B (3) of the Crimes Act 1914 provides that a court may impose a fine not exceeding 250 penalty units for a body corporate.”
4.2  After footnote 1, insert the following footnote:
“1a      The current text of the STCW Code is to be found in IMO publication STCW, consolidated edition 2001, amended by IMO Resolutions MSC.180(79) and MSC.209(81) and by Circulars STCW.6/Circ.6, Circ 7, Circ.8, Circ.9 and Circ.10.”
4.3  Substitute the text of footnote 2 with the following text:
“The current text of the STCW Convention is to be found in IMO publication STCW, consolidated edition 2001, amended by IMO Resolution MSC.203 (81).  Information on obtaining copies of IMO documents referred to in this Part is available from AMSA.”
* * * * * *

[2]     The current text of the STCW Convention is to be found in STCW95, Amendment 2, 2001, published by the IMO.  Information on obtaining copies of IMO documents referred to in this Part is available from AMSA.