Marine Orders - Part 51: Fishing Vessels, Issue 1 – 1 May 1989 (Cth)

Marine Order 51 (Fishing vessels) 1989

made under the Navigation Act 2012

Compilation no. 2 Compilation date: 1 January 2024

This compilation was prepared on 27 February 2024 taking into account amendments made by Marine Orders Amendment (Marine Order 12—consequential changes) Order 2023

This compilation also shows the text of the compiled instrument as modified by Marine Order 4 (Transitional modifications) 2013 Prepared by the Australian Maritime Safety Authority

1 Name of Order 1A Purpose 1B Power 1C Definitions 2 Application 3 Exemptions 4 Equivalents 6 Qualifications of seafarers Schedule 1 CERTIFICATION OF DECK OFFICERS ON VESSELS 24 METRES AND OVER Schedule 2 CERTIFICATION OF DECK OFFICERS ON VESSELS LESS THAN 24 METRES Schedule 3 CERTIFICATION OF ENGINEER OFFICERS

1 Name of Order This Order is Marine Order 51 (Fishing vessels) 1989.

1A Purpose This Order sets out: (a) standards of competence to be attained and other conditions to be satisfied by a person to be a qualified skipper, officer in charge of a navigational watch, engineer or deck hand for a fishing vessel; and (b) stability requirements for fishing vessels.

1B Power 1B.1 Subsection 29(1) of the Navigation Act provides that the regulations may prescribe different classes of seafarer certificates and may require that an individual hold a seafarer certificate of a particular kind to undertake particular duties, or perform particular functions, as a seafarer. 1B.2 Subsection 29(2) of the Navigation Act provides that the regulations may prescribe criteria for certain specified matters for seafarer certificates, including proficiencies, competencies and standards, qualifications, experience and health. 1B.3 Subsection 29(3) of the Navigation Act provides that the regulations may provide for a number of matters, including the instruction, training and examination of seafarers, the gaining of sea service and other experience and the conduct of examinations. 1B.4 Section 35 of the Navigation Act provides that a person must not perform duties or functions in relation to a regulated Australian vessel if the regulations require the person to hold a particular seafarer certificate to perform them, and the person does not hold such a certificate. 1B.5 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 1B.6 Paragraph 339(2)(e) of the Navigation Act provides for regulations to be made about the stability of vessels. 1B.7 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by the regulations.