This Order is Marine Order 11 (Living and working conditions on vessels) 2013.
3 Purpose
(1) This Order provides for the following matters for seafarers on board Australian registered vessels:
(a) maritime labour certificates;
(b) recruitment and placement;
(c) complaints;
(d) working conditions;
(e) provisions;
(f) medical care and supplies;
(g) accommodation;
(h) sanitary facilities;
(i) hospitals;
(j) repatriation.
(2) This Order gives effect to the Maritime Labour Convention 2006.
4 Power
(1A) Section 42 of the Navigation Act provides for regulations to provide for maritime labour certificates.
(1) Subsection 54(5) of the Navigation Act provides for regulations to be made prescribing matters relating to work agreements for regulated Australian vessels.
(2) Subsection 61(1) of the Navigation Act provides for regulations to be made for the provision of food and drinking water on board vessels.
(3) Subsection 65(1) of the Navigation Act provides for regulations to be made for the health of seafarers.
(4) Paragraph 340(1)(i) of the Navigation Act provides for regulations to be made to give effect to the Maritime Labour Convention.
(5) Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or necessary or convenient for carrying out or giving effect to the Navigation Act.
(5A) Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.
(6) Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or necessary or convenient, for carrying out or giving effect to the Navigation Act.
(7) Paragraph 339(3)(c) of the Navigation Act provides for regulations to provide that agreements in force immediately before the repeal of the Navigation Act 1912 comply with regulations made for subsection 54(5) of the Navigation Act.
(8) Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.
5 Definitions
(1) In this Order:
approved, other than for a form, means approved by an issuing body.
declaration of maritime labour compliance has the same meaning as in Regulation 5.1.3 of the Maritime Labour Convention.
collective agreement has the same meaning as in section 11A of the Shipping Registration Act 1981.
Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975.
hours of rest means time that is not:
(a) hours of work; or
(b) a break from work for up to 1 hour; or
(c) time while engaged in emergency drills or emergency operations.
interim maritime labour certificate has the same meaning as in Regulation 5.1.3 of the Maritime Labour Convention.
maritime labour certificate has the same meaning as in Regulation 5.1.3 of the Maritime Labour Convention.
hours of work include time in which a seafarer is required to undertake work for the vessel.
medical practitioner has the same meaning as in the Health Insurance Act 1973.
prescribed person, for a vessel, means an inspector at the port where the vessel is located when a request for an inspection of seafarer accommodation is made.
recruitment service provider means a person that provides a service to vessel owners and seafarers for the recruitment and placing of seafarers on vessels.
repatriation means the conveyance of a seafarer to his or her home port, other than in the discharge of duties in accordance with the seafarer’s work agreement.
seafarer recruitment and placement service means a person carrying on the business of recruiting seafarers for owners or placing seafarers with owners.
specified drug means diazepam, morphine, nitrazepam or pentazocine.
SPS Code has the same meaning as in Marine Order 50 (Special Purpose Ships) 2012.
substantial alteration, for a vessel, means a repair, alteration or modification that substantially:
(a) alters the dimensions of the vessel; or
(b) alters the dimensions of the accommodation spaces; or
(c) increases the vessel’s service life.
war zone means a zone agreed, by the owner of the vessel and the seafarer, to be a war zone.
Note 1 Some terms used in this Order are defined or explained in Marine Order 1 (Administration) 2011, including:
Note: General Manager, Ship Safety Division
Note: IMO
Note: Manager, Ship Inspection and Registration
Note: MARPOL
Note: Navigation Act
Note: NSCV
Note: passenger vessel
Note: Pollution Prevention Act
Note: SOLAS.
Note 2 Some expressions used in this Order are defined in the Navigation Act, including:
Note: AMSA
Note: approved form
Note: foreign vessel
Note: inspector
Note: International Maritime Dangerous Goods Code
Note: Maritime Labour Convention
Note: recognised organisation
Note: regulated Australian vessel
Note: special personnel
Note: STCW Convention
Note: work agreement.
Note 3 The text of the Maritime Labour Convention is available at the Australian Treaty Series Library on the AustLII website at http://www.austlii.edu.au.
(2) For the definition of competent authority in paragraph 1(a) of Article II of the Maritime Labour Convention, the competent authority is AMSA.
6 Date of construction of a vessel
In this Order, a vessel is taken to have been constructed when:
(a) its keel has been laid; or
(b) construction identifiable with the vessel has begun and the vessel has been assembled to the lesser of:
(i) at least 50 tonnes; or
(ii) 1% of the estimated mass of all structural material of the vessel.
7 Application
(1) This Order applies to regulated Australian vessels.
(3) For subsection (2), the vessel must be a regulated Australian vessel:
(a) that:
(i) is certified to operate exclusively in areas where port limits apply or in the Great Barrier Marine Park region; or
(ii) is in a service category other than class 1A, 2A, 1B or 2B as defined in section 3.5.1 of Part B of the NSCV; and
(b) on which the employment of the seafarers is subject to the Fair Work Act 2009.
(4) To the extent that a foreign vessel is required to comply with the Maritime Labour Convention or would otherwise receive more favourable treatment because it flies the flag of a country that has not ratified the Maritime Labour Convention, this Order applies to the foreign vessel when it is:
(a) in an Australian port; or
(b) entering or leaving an Australian port; or
(c) in the internal waters of Australia; or
(d) in the territorial sea of Australia other than in the course of innocent passage.
(5) A vessel that was constructed before 21 August 2013 and complies with Marine Order 14, issue 1 (Accommodation) as in force on 30 June 2013 is taken to comply with Divisions 10, 11, 12 (other than sections 89 and 90), 13 and 14 and subsection 56(2).
Note The text of Marine Order 14, issue 1 (Accommodation) is available through the AMSA website at http://www.amsa.gov.au.
8 Exemptions and equivalents
(1) A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for acceptance of an equivalent measure or for an exemption from a provision that provides for an application for an exemption.
(2) The decision maker for the application is the Manager, Ship Inspection and Registration.
(3) The decision maker must consult the owner of any vessel to which the application applies and any seafarers’ representative organisation that represents a seafarer on the vessel when considering whether to approve an application for exemption.
9 Review of decisions
A decision under this Order, other than a decision under section 8 or Division 2 or 3 or subsection 55(4), 70(3), 72(4) or 73(4), 84(4), 85(5) or 91(3) is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1 A decision under section 8 is a reviewable decision because it is mentioned in section 16 of Marine Order 1 (Administration) 2011.
Note 2 Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions made under sections 44, 45 and 46 of the Act relating to maritime labour certificates.