Marine Order 72 (Engineer officers) 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.