Marine Order 71 (Masters and deck officers) 2023 (Cth)

Marine Order 71 (Masters and deck officers) 2023

made under the Navigation Act 2012

Compilation no. 1 Compilation date: 23 December 2024

This compilation was prepared on 3 December 2024 including amendments up to Marine Orders Amendment (Marine Order 11 — consequential changes) Order 2024 Prepared by the Australian Maritime Safety Authority

Division 1 Preliminary 1 Name of Marine Order 2 Purpose 3 Power 4 Definitions 5 Application Division 2 Seafarer certificates 6 Requirement to hold a seafarer certificate 7 Issue of certificate 8 Qualifying seagoing service 9 Conditions on certificate ─ training must be maintained Schedule 1 Duties and functions for which a seafarer certificate is required Schedule 2 Eligibility requirements for certificates Schedule 3 Corresponding certificates Schedule 4 Eligibility requirements for revalidation (reissue) of certificates

Division 1 Preliminary

1 Name of Marine Order This Marine Order is Marine Order 71 (Masters and deck officers) 2023.

2 Purpose This Marine Order: (a) prescribes for the Navigation Act standards of competence to be attained and other conditions to be satisfied for a person to become qualified as a master or deck officer; and (b) gives effect to the STCW Convention.

3 Power (1) The following provisions of the Navigation Act provide for this Marine 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 in order 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.