Marine Order 72 (Engineer officers) 2014

This Order is Marine Order 72 (Engineer officers) 2014.

This Order:

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

gives effect to the STCW Convention.

Note The latest 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. The STCW Convention (ATS series number [1984] ATS 7) and STCW Code (ATS series number [1997] ATS 33) including any amendments in force are in the Australian Treaties Series accessible from the Australian Treaties Library on the AustLII website at http://www.austlii.edu.au.

This Order is to be read with Marine Order 70 (Seafarer certification) 2014.

The following provisions of the Navigation Act provide for this Order to be made:

section 28 which provides that regulations may provide for seafarer certificates and give effect to the STCW Convention;

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;

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;

subsection 29(3) which provides that the regulations may provide for:

how the attainment of proficiencies, competencies and standards is to be evidenced (including the gaining of sea service and other experience); and

the instruction, training and examination of seafarers (including the conduct of exams etc); and

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

conditions to which seafarer certificates are subject;

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;

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;

subsection 314(4) which provides that criteria and conditions may relate to compliance with specified standards;

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;

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.

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).

In this Order:

certificate of medical fitness has the meaning:

for the issue of a seafarer certificate - that is given by paragraph (a) of the definition of certificate of medical fitness in section 4 of Marine Order 76 (Health - medical fitness) 2017; and

for the revalidation of a seafarer certificate or a certificate of recognition - that is given by paragraph (a) or (b) of the definition of certificate of medical fitness in section 4 of Marine Order 76 (Health - medical fitness) 2017.

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 certificate of competency means a certificate of competency of that name mentioned in Marine Order 505 (Certificates of competency - national law) 2022 that is issued by the National Regulator under the national law.

engineer training program short courses means the following courses:

training in advanced fire fighting (that complies with STCW Code Table AVI/3);

training in medical first aid (that complies with STCW Code Table AVI/4 paragraphs 1 to 3);

basic safety training that includes:

personal survival techniques (that complies with STCW Code Table AVI/11); and

fire prevention and fire fighting (that complies with STCW Code Table AVI/12); and

elementary first aid (that complies with STCW Code Table AVI/13); and

personal safety and social responsibilities (that complies with STCW Code Table AVI/14); and

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 AIII/1, column 1.

foreign certificate means a certificate that:

is issued by a country other than Australia in accordance with the STCW Convention; and

is not a certificate restricted to service on vessels engaged on near-coastal voyages (that complies with STCW Code section A-II/1 paragraph 7, A-II/2 paragraph 8, A-II/3, A-III/1 paragraph 10, A-III/2 paragraph 8 or AIII/3 paragraph 8).

Marine Engine Driver Grade 1 NC certificate of competency means a certificate of competency of that name mentioned in Marine Order 505 (Certificates of competency - national law) 2022 that is issued by the National Regulator under the national law.

National Regulator has the same meaning as in section 9 of the national law.

propulsion power, for a vessel, means the total maximum continuous rated output power, in kilowatts, of all the vessel's main propulsion machinery which appears on the vessel's certificate of registry or other official document.

qualification that is not workshop skills equivalent means any of the following:

an Australian degree or advanced diploma in mechanical engineering, electrical engineering or electronics;

Chartered Engineer awarded by the Institute of Engineers Australia;

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 AIII/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:

Certificate III in Engineering/mechanical trade;

Certificate III in Electrical fitting;

Certificate III in Automotive diesel engine technology;

Certificate III in Automotive/mechanical - diesel fitter;

Certificate III in Automotive/mechanical - heavy vehicle road transport;

Certificate III in Automotive/mechanical - heavy vehicle mobile equipment, plant/earthmoving/agriculture;

Certificate III in Automotive engine reconditioning;

Certificate IV in ESI generation maintenance - electrical electronics;

Certificate IV in ESI generation maintenance - mechanical;

an Australian trade certificate in fitter and turner/machinist;

an Australian trade certificate in diesel fitter;

an Australian trade certificate in electrical fitter;

an Australian Recognised Trade Certificate in the same classification as an Australian trade certificate mentioned in this definition;

any other approved qualification that includes workshop skills.

Note for paragraph (m) Australian Recognised Trade Certificates are issued in recognition of trade certificates or other qualifications of a country other than Australia.

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 national law

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.

This Order applies to the following persons:

a person performing or intending to perform, duties or functions as an engineer officer on a regulated Australian vessel;

a person who holds a seafarer certificate as an engineer officer.

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:

the person holds a seafarer certificate that this Order requires the person to hold to perform those duties or functions; and

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.

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

A seafarer certificate to which this Order applies, other than an electro-technical officer grade of engineer officer certificate, 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.

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:

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;

the person satisfies the eligibility requirements for the certificate that are mentioned in Schedule 2.

A qualifying seagoing service eligibility requirement mentioned in Schedule 2 for a seafarer certificate must comply with Schedule 3.

A qualifying seagoing service revalidation requirement mentioned in Schedule 4 for a certificate must comply with Schedule 3.

Note See also Subdivision 3.1 of Marine Order 70 (Seafarer certification) 2014 for the general rules for the calculation of qualifying seagoing service.

AMSA may revalidate a seafarer certificate as engineer officer, or a certificate or recognition of that kind of certificate, if satisfied that:

the certificate is not suspended, cancelled or revoked; and

the applicant satisfies the revalidation requirements mentioned in Schedule 4.

Division 3 Transitional arrangements

A certificate of competency as engineer officer that was in force on 31 March 2018, and any endorsement of it, expires on the day AMSA determined for expiry of the certificate.