Marine Order 28 (Operations standards and procedures) 2025

The Order is organised around a small set of operational concepts that translate international STCW/SOLAS standards into binding domestic obligations for Australian regulated vessels and, to a significant but narrower extent, foreign vessels in Australian waters. The principal concepts are: (1) familiarisation and training; (2) certification and safe manning; (3) watchkeeping schedules and hours of rest; (4) records and retention; (5) emergency exceptions and compensatory rest; and (6) alcohol limits for safety-sensitive duties.

Familiarisation and training: Owners must implement measures in accordance with section A-I/14 of the STCW Code to ensure seafarers possess the knowledge required for safe operation (s 7(1)). For newly assigned seafarers, owners must provide adequate familiarisation relating to duties and equipment, watchkeeping, safety, environmental protection and emergency procedures, and ensure instruction is given in a language the seafarer understands (s 7(2)(a)-(b)). Seafarers themselves are required to undertake this familiarisation (s 7(3)) and to promptly identify any unfamiliar equipment or procedures once on board (s 10(1)(b)).

Certification and safe manning: Owners must ensure each seafarer holds a certificate appropriate to the seafarer’s duties, in accordance with Marine Order 70 for Australian regulated vessels or the law of the flag state and STCW for foreign vessels (s 8(1)(a)). Owners must also ensure the vessel has a safe manning document (s 8(1)(b)). The instrument thus links crew competence and minimum complement to safety obligations.

Watchkeeping and hours of rest: Watchkeeping schedules must be displayed and in standardised format in the working language and English if the working language is not English (s 11(1)-(2)). Minimum hours of rest are prescribed: 10 hours in any 24-hour period and 77 hours in any seven-day period (s 12(1)(a)-(b)), with allowances for division into two periods provided one period is at least six hours (s 12(2)) and a maximum interval between rest periods of 14 hours (s 12(3)). Watchkeeping arrangements must meet STCW requirements (s 16).

Records and retention: Seafarers on regulated Australian vessels must record daily hours of rest and transfer personal records to vessel records within seven days (s 14(1)-(2)). Vessel records must be kept for the retention period, specified as 12 months after the events are recorded (s 14(3), (6)). Records must be available in standardised form and be endorsed by the seafarer and the master (or authorised person) and provided to seafarers on request (s 14(4)-(5)). For foreign vessels, owners must keep records in accordance with paragraph 7 of section A-VIII/1 of the STCW Code and make them available for inspection for the retention period (s 15).

Emergency exceptions and compensatory rest: The Order recognises that exceptional circumstances may disturb rest schedules. In an emergency, during drills, or where unavoidable essential shipboard work is needed, the master may suspend schedules and perform or require work (s 13(1)-(2)). As soon as practicable after the circumstances end, the master must take compensatory rest if the master worked during scheduled rest, and ensure others who worked are given compensatory rest (s 13(3)). Seafarers disturbed by call-outs while on call must be given compensatory rest (s 13(4)). Drills must be conducted so as to minimise disturbance of rest periods and not induce fatigue (s 13(5)).

Alcohol limits and designated duties: For regulated Australian vessels, owners must ensure seafarers undertaking safety, security or environmental duties do not exceed a blood alcohol limit of 0.05% or 0.25 mg per litre of breath (s 17(1)-(2)). Owners may impose stricter limits and state/territory law may impose lower limits (s 17 Note).

Exemptions and discretion: AMSA can grant exemptions to requirements in the Order in respect of regulated Australian vessels (s 6). Owners can apply to AMSA for exemption from section 12 (minimum hours of rest) for a vessel (s 6(2)), and AMSA may give an exemption only if it is in accordance with section A-VIII/1 of the STCW Code (s 6(3)). AMSA’s delegation arrangements and administrative procedures are signposted to Marine Order 1 (Administration) 2013 in notes (s 4 Note 4; s 6 Note).

Enforcement architecture: The Order combines criminal strict liability offences and civil penalty liability (see e.g. s 8(4)-(5), s 11(3)-(4), s 12(4)-(5), s 17(3)-(4)). Inspectors are empowered to inspect records (s 14(5)(b); s 15(2)). The instrument cross-references the Criminal Code for offences relating to false or misleading documents (s 14 Note), and other Marine Orders for administrative detail.

Primary legal obligations fall on owners of vessels, masters and seafarers, with differential application to regulated Australian vessels and foreign vessels.

Owners: Owners carry the bulk of affirmative duties. They must implement STCW-based familiarisation measures (s 7(1)), ensure each assigned seafarer holds appropriate certification (s 8(1)(a)), maintain safe manning documents (s 8(1)(b)), keep readily accessible documentation on seafarer experience, training, medical fitness and competency (s 8(1)(c)), provide refresher training (s 8(1)(f)), determine and implement the working language of the vessel (s 8(1)(g)), give written instructions to the master (s 8(2)), provide vessel-specific introductory programmes for newly employed seafarers on regulated Australian vessels (s 8(3)), display updated watchkeeping schedules in accessible areas (s 11(1)), ensure minimum hours of rest (s 12(1)), maintain records of hours of rest for regulated Australian vessels and make them available to seafarers and inspectors (s 14), and ensure alcohol limits for safety-sensitive duties are observed on regulated Australian vessels (s 17). Many of these obligations are directly tied to prescribed penalties and civil liability (for example s 8 penalty 50 penalty units; s 11 penalty 50 penalty units; s 12 penalty 50 penalty units; s 17 penalty 50 penalty units). Owners of foreign vessels are subject to specific record obligations in s 15 and remain subject to certain owner responsibilities that reference flag-state law and STCW (s 8(1)(a) and s 5).

Masters: Masters are both recipients of owner instructions and duty-holders. Owners must give written instructions to the master (s 8(2)) and the master is required to ensure that familiarisation and training for newly employed or assigned seafarers is provided (s 9). In emergency or overriding operational conditions, the master may suspend watchkeeping and rest schedules, perform necessary work personally and require seafarers to perform necessary work (s 13(2)). Masters must ensure compensatory rest is provided (s 13(3)). Masters are also responsible, along with chief engineers and other watchkeeping persons, to comply with STCW watchkeeping standards (s 16(1)-(2)).

Seafarers: Seafarers have positive duties to undertake familiarisation and training provided by owners (s 7(3)), to record their hours of rest daily and transfer the personal record to vessel records within seven days (s 14(1)-(2)), and to immediately become familiar with shipboard matters on assignment and report any unfamiliarity (s 10(1)). Seafarers are required to endorse records and may request copies of their records (s 14(4)-(5)(a)). Seafarers on regulated Australian vessels are also subject to the alcohol limits when undertaking designated duties (s 17(1)-(2)).

Regulated Australian vessels vs foreign vessels: The Order applies differently to regulated Australian vessels and foreign vessels. Section 5 specifies the Order applies to regulated Australian vessels, except for section 15 (which deals with foreign vessel recordkeeping), and to foreign vessels except for section 6, subsection 8(4) and sections 9, 10, 14 and 17. This means certain obligations (for example detailed seafarer recordkeeping in s 14 and alcohol responsibilities in s 17) expressly do not apply to foreign vessels under this instrument; foreign vessels are subject to s 15 for recordkeeping in accordance with STCW Code paragraph 7, and to the flag-state law and STCW for certification matters (s 8(1)(a); s 15(1)).

AMSA and inspectors: AMSA is the decision-maker for exemptions (s 6) and the Marine Order is made by AMSA under powers in the Navigation Act (s 3). Inspectors have powers to inspect records and documents; owners must make records available for inspection (s 14(5)(b); s 15(2)). The instrument refers to Marine Order 1 (Administration) 2013 for administrative procedures including applications for exemptions and delegation of powers (s 6 Note; s 4 Note 4).

Persons with administrative duties on board: The master or a person authorised by the master must endorse records of hours of rest (s 14(4)(c)). The master’s role is central in administering watchkeeping arrangements and endorsing records.

Who pays: Owners will generally bear the direct compliance costs , training, record systems, translation, record retention, supervision , and will be exposed to penalties and civil liability (see the numerous penalty provisions such as s 8, s 11, s 12, s 17). Seafarers bear compliance tasks of recording hours and familiarising; in emergency circumstances seafarers may be required to work beyond scheduled rest, subject to compensatory rest obligations (s 13).

Who decides: AMSA decides on exemptions under s 6. Owners determine the vessel working language (s 8(1)(g) in line with SOLAS reg 14) and must issue written instructions to masters (s 8(2)). Masters have operational discretion in emergencies to suspend schedules and require work (s 13(2)). Inspectors decide on exercise of inspection powers (s 14(5)(b); s 15(2)).

This section sets out principal mandatory duties, associated rights and the limited discretion afforded to recipients of duties.

Owner duties (principal and specific)

• Implement STCW A-I/14 familiarisation measures (s 7(1)). This requires systems and procedures to be in place to ensure seafarers have knowledge for safe operation.
• For seafarers not previously assigned to the vessel, provide adequate familiarisation including operation of equipment, watchkeeping, safety, environmental and emergency procedures and ensure instruction in a language the seafarer understands (s 7(2)(a)-(b)).
• Ensure each seafarer holds appropriate certification: for regulated Australian vessels under Marine Order 70, for foreign vessels under flag-state law and STCW (s 8(1)(a)).
• Ensure the vessel has a safe manning document (s 8(1)(b)).
• Maintain readily accessible documentation concerning each seafarer’s experience, training, medical fitness and competency in assigned duties (s 8(1)(c)).
• Ensure refresher and updated training consistent with STCW (s 8(1)(f)).
• Determine and implement the working language of the vessel consistent with SOLAS reg 14 paragraphs 3 and 4 (s 8(1)(g)).
• Give written instructions to the master in accordance with A-I/14 (s 8(2)).
• Provide vessel-specific introductory programme and training for newly employed seafarers on regulated Australian vessels (s 8(3)).
• Display updated watchkeeping schedules in accessible locations in standardised format and languages (s 11).
• Ensure minimum hours of rest for seafarers: 10 hours in any 24 hours and 77 hours in any seven days, with permitted split of two periods, one at least six hours, and interval between rest periods not exceeding 14 hours (s 12(1)-(3)).
• Ensure records of hours of rest are kept (s 14) and made available to seafarers and inspectors (s 14(5)) for regulated Australian vessels; for foreign vessels maintain records per STCW Code paragraph 7 (s 15).

Owner rights and limited discretion

• Owners may impose lower alcohol limits than those prescribed in s 17 (s 17 Note).
• Owners of regulated Australian vessels may apply to AMSA for exemption from section 12 minimum hours of rest (s 6(2)), subject to AMSA’s approval under STCW A-VIII/1 (s 6(3)).
• Owners retain operational discretion over training design and the form of records provided they meet standardised format and language requirements (s 11(2), s 14(4)).

Master duties and rights

• Ensure familiarisation and training for newly employed or assigned seafarers as required by paragraph 4 of B-I/14 (s 9).
• Comply with STCW watchkeeping requirements and ensure watchkeeping arrangements meet regulation VIII/2 (s 16(1)-(2)).
• In emergencies and other overriding operational circumstances may suspend watchkeeping and rest schedules, perform necessary work and require seafarers to perform work (s 13(2)). Masters must ensure compensatory rest after such periods (s 13(3)).
• The master or an authorised person must endorse seafarer records (s 14(4)(c)); the master must make records available to seafarers on request (s 14(5)(a)).

Seafarer duties and rights

• Undertake familiarisation and training provided by the owner (s 7(3)).
• Newly assigned seafarers must immediately become familiar with shipboard matters and identify unfamiliar items or procedures to supervisors (s 10(1)).
• Keep a personal record of hours of rest every day and transfer the personal record to vessel records within seven days (s 14(2)).
• Seafarers have the right to receive a copy of the records relating to them, endorsed by the master or authorised person and by the seafarer (s 14(5)(a)). For foreign vessels, the STCW Code requires a copy be provided and endorsed (s 15 Note).

Regulatory rights and procedures

• AMSA may grant exemptions for regulated Australian vessels under s 6, but procedures for applications, notification and review are dealt with in Marine Order 1 (Administration) 2013 (s 6 Note).
• Inspectors have the right to inspect vessel records during retention periods (s 14(5)(b); s 15(2)). The retention period for regulated Australian vessels is 12 months after recording (s 14(6)); for foreign vessels it is either the flag Administration’s specified period or 12 months (s 15(3)).

Penalties and consequences

• The instrument attaches 50 penalty units for specified owner obligations and expressly creates civil liability for contraventions (for example s 8(1)-(3) carry 50 penalty units and civil penalty 50 penalty units under s 8(5)). Similar penalty/unit references appear at s 11(1)-(2), s 12(1), and s 17(1).
• Several offences are identified as strict liability (for example s 8(4), s 11(3), s 12(4), s 17(3)), exposing contraveners to criminal prosecution without proof of mental element as defined by the statute.

Cross-references that create duty chains

• The Order cross-references other Marine Orders and international instruments for the substance of many obligations: Marine Order 70 for certification (s 8(1)(a)); Marine Order 21 for safe manning determinations (s 4 definition of "safe manning document"); Marine Order 11 for living and working conditions (note to s 14); STCW Code sections A-I/14, A-VIII/1, A-VIII/2 and others cited in s 2. The effect is that duties under this Order sit in a web of externally defined standards and administrative procedures.

The Marine Order sets out a mixed enforcement architecture combining strict liability criminal offences, civil penalties and inspection powers, and cross-references other statutory remedies and reporting obligations.

Monetary and punitive measures

• Multiple provisions carry a penalty of 50 penalty units when contravened. Examples include owner obligations for seafarer assignment and familiarisation (s 8(1)-(3) penalty: 50 penalty units), requirements to display watchkeeping schedules (s 11(1) penalty: 50 penalty units), minimum hours of rest (s 12(1) penalty: 50 penalty units), and owner alcohol limits on regulated Australian vessels (s 17(1) penalty: 50 penalty units). In addition to criminal penalties, the Order specifies civil liability with a civil penalty set at 50 penalty units for contraventions of the same duties (for example s 8(5), s 11(4), s 12(5), s 17(4)).

Strict liability offences

• The instrument labels a number of offences as strict liability (s 8(4) in respect of subsections (1)-(3); s 11(3); s 12(4); s 17(3)). That is, the instrument itself categorises these contraventions as strict liability offences; the legal consequences of that characterisation are set by statute and judicial interpretation outside this document. The statutory designation means the offence element of fault is established by contravention rather than by proof of subjective intent, as provided in the legislative design.

Inspection and documentary obligations

• Owners must keep records of hours of rest and make them available for inspection by an inspector during the retention period (s 14(5)(b); s 15(2)). The retention period for regulated Australian vessels is specified as 12 months after recording (s 14(6)); for foreign vessels it is either the Administration-specified period or 12 months (s 15(3)). The Order notes that it is an offence under the Criminal Code to provide false or misleading information or documents (s 14 Note). Inspectors therefore have statutory authority to inspect and rely on criminal provisions where falsity is alleged.

Administrative enforcement and exemptions

• AMSA has the power to grant exemptions for regulated Australian vessels (s 6). The processes for applying, seeking further information, timing and review are dealt with under Marine Order 1 (Administration) 2013, referred to in s 6 Note. AMSA may give an exemption from s 12 only if satisfied that the exemption is in accordance with section A-VIII/1 of the STCW Code (s 6(3)). This creates an administrative gatekeeping role for AMSA with an international-standard constraint.

Reporting and related statutory duties

• The Order points to existing reporting duties under the Navigation Act: owners must report marine incidents to AMSA under s 185 of the Navigation Act and masters under s 186 (s 13 Note 1). Section 221 of the Navigation Act enables requirements to be prescribed for reporting about vessel movements and Marine Order 63 prescribes vessel reporting systems (s 13 Note 2). These cross-references suggest that breaches may interact with reporting obligations enforced under the Navigation Act regime.

Enforcement discretion and practicalities

• The instrument does not prescribe operational enforcement protocols such as inspection frequencies or thresholds for initiating prosecution versus civil penalty notices. Inspectorial access to records is provided (s 14(5)(b); s 15(2)), and civil penalties are available as an enforcement tool (for example s 8(5)). The Order reserves to AMSA the power to grant exemptions (s 6), and notes that delegation of AMSA’s powers is available (s 4 Note 4). The absence of explicit enforcement procedure in the instrument means standard administrative practice and AMSA policy will determine how these powers are used in practice.

Costs of enforcement

• The instrument creates recordkeeping, training and certification documentation duties for owners with associated costs. Failure to comply risks 50 penalty units per contravention, plus potential civil penalty proceedings and reputational consequences through administrative action or inspector findings. For seafarers, non-compliance with recordkeeping duties could trigger employer action and contribute to a breach finding against the vessel’s owner.

Scope limitations on enforcement

• Several provisions do not apply to foreign vessels (s 5), limiting the direct reach of enforcement on foreign-flag vessels for certain sections of the Order. Foreign vessels remain subject to STCW and SOLAS obligations and to the flag Administration’s rules, and the Order imposes recordkeeping obligations on foreign vessel owners consistent with STCW paragraph 7 (s 15).

This Marine Order is an instrument made under the Navigation Act 2012 (see the preamble and s 3). The Order expressly implements provisions of the STCW Convention and Code and SOLAS Chapter V regulation 14; it also cross-references other Marine Orders and the Criminal Code.

Parent statute and enabling provisions

• Section 3 sets out the Navigation Act provisions relied upon to make the Marine Order: s 58 (regulations about hours of work and rest) (s 3(1)(a)), paragraph 339(2)(m) (regulations about records relating to compliance) (s 3(1)(b)), paragraph 340(1)(a) and (h) (giving effect to SOLAS and STCW) (s 3(1)(c)-(d)), and s 341(1) (regulations imposing penalties) (s 3(1)(e)). Subsections 339(1), 342(1) and 342(4) are also cited to support matters of prescription and incorporation of external instruments (s 3(2)-(4)). The Marine Order therefore sits within the Navigation Act regulatory architecture and derives force from those statutory powers.

International instruments: STCW and SOLAS

• The Order gives effect to specified STCW Convention regulations (regulation I/14; regulation VIII/1; regulation VIII/2) and to specified sections of the STCW Code (A-I/14; A-VIII/1; A-VIII/2; B-I/14; B-VIII/2) (s 2(1)). It also gives effect to SOLAS Chapter V regulation 14 regarding minimum manning and working language (s 2(2)). Many operative provisions map directly to these international standards: familiarisation and training obligations to A-I/14 and B-I/14 (s 7, s 8, s 9, s 10); watchkeeping and hours of rest to A-VIII/1 and A-VIII/2 (s 11-s 13, s 16); record formats to paragraph 7 of section A-VIII/1 (s 14 Note; s 15 Note). The Order thus harmonises domestic obligations with international conventions and the STCW Code.

Interaction with other Marine Orders

• The instrument cross-references other Marine Orders as part of the domestic compliance framework:
  • Marine Order 1 (Administration) 2013 is referenced for definitions, procedures for applications and delegation, and for the process of applying for exemptions (s 4 Note 1, s 6 Note).
  • Marine Order 21 (Safety and emergency arrangements) 2016 is identified in the definition of "safe manning document" (s 4).
  • Marine Order 70 (Seafarer certification) 2014 is the relevant prescription for seafarer certification on regulated Australian vessels (s 8(1)(a)).
  • Marine Order 11 (Living and working conditions on vessels) 2024 is referenced regarding the offence for the owner not to ensure records are maintained and a copy provided to the seafarer (s 14 Note 2).
  • Marine Order 63 (Vessel reporting systems) 2019 is referenced in relation to vessel movement reporting (s 13 Note 2). These cross-references create an administrative ecosystem; compliance with this Order will typically require alignment with requirements in those other instruments.

Criminal Code and false documents

• The Order flags the applicability of the Criminal Code for offences relating to false or misleading information or documents (s 14 Note). This ensures that material falsification of records may attract separate criminal liability.

State and territory laws

• The Order acknowledges that state or Northern Territory laws may impose lower alcohol limits and that owners may set stricter limits themselves (s 17 Note). It does not purport to override state/territory workplace or traffic laws, but it sets a federal baseline for regulated Australian vessels.

Reporting and Navigation Act obligations

• The Order references existing Navigation Act reporting duties (s 13 Note 1). Reporting requirements under the Navigation Act will continue to apply where relevant, and the Marine Order’s operational duties are likely to interact with reporting obligations in practice.

Flag-state law and foreign vessels

• For foreign-flag vessels the Order defers to the law of the flag state and the STCW Convention for certification and manning matters (s 8(1)(a) and s 15). Section 5 specifies that multiple sections of the Order do not apply to foreign vessels, but s 15 imposes recordkeeping obligations consistent with the STCW Code. The instrument therefore supplements flag-state regulation with inspection and record access for AMSA in Australian waters, consistent with international obligations.

Delegation and administrative procedures

• The Order notes delegation of AMSA’s powers is available and points to Marine Order 1 for procedural matters (s 4 Note 4; s 6 Note). The practical application of exemptions and enforcement will therefore be mediated by AMSA’s administrative processes.

Regulatory layering and overlap

• The Order creates operational duties that will sit alongside obligations under other Marine Orders, the Navigation Act, criminal laws and state/territory rules. Owners and operators must therefore coordinate compliance across multiple instruments, for example matching safe manning determinations (Marine Order 21) with certification requirements (Marine Order 70) and recordkeeping standards (this Order and Marine Order 11), while maintaining reporting obligations under the Navigation Act.

Direct amendment and repeal information contained in the instrument is limited and explicit.

Commencement and repeal

• The Marine Order is identified as Marine Order 28 (Operations standards and procedures) 2025 (s 1). It commences on 1 September 2025 (s 1A). It expressly repeals Marine Order 28 (Operations standards and procedures) 2015 (s 1B). The repeal clause is unequivocal: the 2015 instrument is repealed by this instrument on commencement.

Date and authority of making

• The instrument was made by Kaylene Dale, Chief Executive Officer of the Australian Maritime Safety Authority, dated 17 June 2025 (preamble). The instrument is authorised by subsection 342(1) of the Navigation Act 2012 (preamble and s 3 references).

References to enactment powers and enabling provisions

• Section 3 summarises the specific Navigation Act provisions relied upon to make the Marine Order, including s 58, paragraphs 339(2)(m), 340(1)(a) and (h), and subsection 341(1). Subsections 339(1), 342(1) and 342(4) are also identified to support broader prescription and incorporation powers (s 3(2)-(4)). These cross-references serve as internal legislative history for the instrument’s legal foundation.

Incorporation and external instruments

• Section 3(4) notes that subsection 342(4) of the Navigation Act allows a Marine Order to apply, adopt or incorporate any matter contained in any instrument or document in force or existing from time to time. The Marine Order explicitly gives effect to STCW and SOLAS provisions (s 2). The instrument therefore updates domestic regulation to reflect the international instruments listed.

Notes and references that suggest administrative changes

• The Order contains notes that reference Marine Order 1 (Administration) 2013 for procedural matters such as exemption applications, decision timing and review processes (s 6 Note). The notes also reference other Marine Orders (e.g. Marine Order 70, Marine Order 21) and the Criminal Code for false or misleading documents (s 14 Note). While these are notes rather than operative amendments, they indicate where practical administration of the new Order will be managed.

Absence of further amendment entries

• The instrument itself does not record prior amendment steps other than the repeal of the 2015 Marine Order 28. It does not list subsequent amendments or transitional provisions beyond the repeal and commencement dates. Any transitional arrangements, savings or consequential amendments to other instruments are not set out in this text.

How to track future amendments

• The instrument’s final note points users to the Federal Register of Legislation where legislative instruments and compilations are registered (final Note 1). Users should monitor that register for any subsequent amendments, variations or replacement instruments following commencement.

The text of the Marine Order contains no references to case law, judicial interpretations, legal disputes or litigation outcomes. There are no operative provisions that record prior litigation, court findings, or specific adjudications.

Potential enforcement pathways indicated by the instrument

• The Order establishes criminal strict liability offences and civil penalty liability for specified contraventions (for example s 8(4)-(5); s 11(3)-(4); s 12(4)-(5); s 17(3)-(4)). While the instrument sets out these enforcement mechanisms, it does not include any evidence of how courts or tribunals have applied these provisions because the instrument had not taken effect at the time the text records (commencement 1 September 2025) or because no litigated matters are recorded within the instrument itself.

Matters likely to give rise to litigation or review (based on the text)

• Areas where disputes or legal proceedings could arise, given the Order’s content, include:
  • Strict liability characterisation: the instrument labels several offences as strict liability (for example s 8(4)). Legal disputes may arise about application of strict liability principles in particular factual circumstances, though no cases are cited in the instrument.
  • Interpretation of exemption scope: AMSA’s discretion to grant exemptions under s 6 and the requirement that exemptions be consistent with A-VIII/1 of the STCW Code (s 6(3)) could produce administrative law challenges to AMSA decisions. The instrument notes Marine Order 1 for the process of application and review, but no case law is referenced in the instrument itself.
  • Record authenticity and false documents: the instrument references the Criminal Code for false or misleading documents (s 14 Note). Where inspectors find discrepancies, prosecutions or prosecutions’ challenges could follow, but the Order provides no litigation record.
  • Conflicts between vessel owners and masters or between owners and seafarers regarding obligations in emergencies (s 13) and compensatory rest entitlement (s 13(3)-(4)). The Order sets duties but does not detail adjudicative practices or precedents.

Absence of recorded precedent in the instrument

• Because the Marine Order is a prescriptive regulatory text, its treatment of litigation history is limited to cross-references to other laws. Any actual litigation engaging this instrument will be generated in future enforcement or administrative decision contexts and will be recorded in the public law and court databases rather than in the instrument itself.

Practical note for practitioners

• At present there is no litigation history to cite that interprets or applies the provisions of this Marine Order. Practitioners should watch AMSA administrative decisions and relevant court or tribunal decisions after 1 September 2025 for the first authoritative interpretations of strict liability clauses, exemption exercise, recordkeeping disputes, and the interaction of this Order with the Navigation Act and other Marine Orders.

Several practical and legal pitfalls arise from the text that warrant attention. These are concrete mechanisms and outcomes that could impose unexpected costs, compliance burdens, or operational constraints if not anticipated.

Strict liability labels across owner obligations

• The Order classifies certain contraventions as strict liability offences (for example owner obligations in s 8(4); display of watchkeeping schedules in s 11(3); hours of rest in s 12(4); alcohol limits in s 17(3)). This designation is embedded in the instrument itself. Practically, operators must treat these duties as requiring rigorous compliance systems because the statutory label reduces the availability of a fault-based defence. The instrument does not set out defences or excusing circumstances beyond the limited exemptions regime in s 6.

Civil penalties mirror criminal penalties

• Many contraventions attract both a criminal penalty of 50 penalty units and civil liability at 50 penalty units (for example s 8(1)-(5)). Owners therefore face parallel liability regimes: criminal prosecution or civil penalty proceedings may be pursued. The instrument does not specify enforcement policy for choosing between these avenues.

Narrow exemption path for hours of rest

• Section 6 permits exemptions but the owner’s ability to obtain an exemption is restricted. Only an owner of a regulated Australian vessel may apply for an exemption from s 12 (minimum hours of rest) (s 6(2)), and AMSA may give an exemption only if satisfied the exemption would be in accordance with section A-VIII/1 of the STCW Code (s 6(3)). The procedure for applying is governed by Marine Order 1 (Administration) 2013 (s 6 Note). Practically, owners cannot unilaterally vary rest hours without AMSA approval and an exemption consistent with STCW.

Recordkeeping timing and transfer duty

• Seafarers must maintain a personal record of daily hours of rest and transfer that record to vessel records within seven days (s 14(2)(a)-(b)). Practically, this imposes a chained obligation: seafarers must comply with a personal daily duty and owners must maintain vessel records and retain them for 12 months (s 14(3), (6)). The seven-day transfer window creates a point at which noncompliance by seafarers can have remedial or evidential consequences for owners during inspections.

Language requirements with operational impacts

• Watchkeeping schedules and vessel records must be in the working language of the vessel and, if the working language is not English, also in English (s 11(2); s 14(4)(a)-(b)). Owners must determine and implement the working language in accordance with SOLAS Chapter V reg 14 paragraphs 3 and 4 (s 8(1)(g)). Practically, owners must invest in translation, bilingual documentation and systems for record endorsements in two languages, which increases administrative load, particularly for multinational crew complements.

Different treatment of foreign vessels

• Section 5 excludes certain sections from applying to foreign vessels (for example s 6, subsection 8(4) and sections 9, 10, 14 and 17). This means obligations such as the detailed regulated Australian vessel recordkeeping regime in s 14 and the alcohol limits in s 17 do not apply to foreign vessels under this instrument. However, s 15 imposes recordkeeping obligations in accordance with STCW on foreign vessel owners, and s 8 still requires certification in accordance with flag-state law and STCW (s 8(1)(a)). Practically, owners and operators of foreign vessels will need to align with flag-state requirements and STCW standards while recognising the selective reach of the Australian instrument.

Emergency powers and compensatory rest logistics

• Masters may require seafarers to work during emergencies and drills (s 13(2)) but must provide compensatory rest as soon as practicable after the circumstances end (s 13(3)). Practical complications arise in determining what is "as soon as practicable", how to schedule compensatory rest given voyage demands, and how to document these events for inspectors. The instrument requires compensatory rest but gives no detailed algorithm for its calculation or recordkeeping beyond noting the compensatory rest duty.

Owner responsibility for seafarer alcohol levels

• The owner of a regulated Australian vessel must ensure seafarers do not exceed specified blood alcohol or breath alcohol limits while undertaking designated safety duties (s 17(1)-(2)). The mechanism for measurement, testing, evidentiary standards, disciplinary procedures and due process is not detailed in the Order; practical implementation will require owners to set out policies consistent with STCW B-VIII/1 (see s 17 Note), install testing equipment or engage testing procedures, and manage unions, workplace laws and privacy considerations.

Endorsements and accessibility to inspectors

• Vessel records must be endorsed by each seafarer and the master or authorised person (s 14(4)(c)). Owners must provide copies on request to seafarers during the retention period and make the records available to inspectors (s 14(5)). This creates administrative and IT demands for secure, endorsed record systems that are auditable and promptly accessible.

Overlap with other instruments and administrative fragmentation

• The Order cross-references multiple other instruments (Marine Orders 1, 11, 21, 63, 70) and international codes. Compliance therefore requires owners and operators to coordinate obligations across several instruments, increasing complexity and potential for gaps, particularly where operational staff rely on legacy procedures from the repealed 2015 Order.

Retention periods and temporal evidence risks

• The retention period for regulated Australian vessels is 12 months after recording (s 14(6)). For foreign vessels it may be the flag Administration’s specified period or 12 months (s 15(3)). Owners must ensure preservation, secure storage and retrieval systems for at least the retention period; failure to do so is a breach with potential penalties.

To operationalise compliance against the Marine Order, owners, masters and seafarers should implement a structured compliance programme covering governance, training, documentation, monitoring and incident response. The following is a practical checklist aligned with the operative provisions; each step cites the relevant section for reference.

Governance and policy

• Establish a written company policy and set of procedures implementing the familiarisation and training obligations in accordance with section A-I/14 of the STCW Code (s 7(1)). Ensure that the policy specifies the working language determination process consistent with SOLAS reg 14 (s 8(1)(g)).
• Draft and issue written instructions to the master in accordance with paragraph 2 of section A-I/14 (s 8(2)). Retain records of issuance and periodic updates as evidence.

Seafarer certification and safe manning

• Verify that every seafarer assigned to the vessel holds the appropriate certificate: for regulated Australian vessels under Marine Order 70 or for foreign vessels in accordance with flag-state law and STCW (s 8(1)(a)). Maintain copies of certificates in an accessible crew file (s 8(1)(c)).
• Maintain the vessel’s safe manning document and ensure the operational crew complement is consistent with it (s 8(1)(b)). Link safe manning determinations to watch schedules and rest rosters.

Familiarisation and induction

• For newly assigned or employed seafarers, implement vessel-specific introductory programmes addressing equipment, watchkeeping, safety, environment protection, emergency procedures and arrangements (s 7(2); s 8(3)). Ensure that such inductions are delivered in a language the seafarer understands (s 7(2)(b)).
• Document the familiarisation process, names of trainers, dates and endorsements by both trainee and master in compliance files.

Watchkeeping schedules and hours of rest

• Produce standardised watchkeeping schedules that are displayed in accessible areas for all seafarers on board (s 11(1)). Provide schedules in the vessel’s working language and in English if the working language is not English (s 11(2)).
• Implement rosters that guarantee minimum hours of rest: 10 hours in any 24-hour period and 77 hours in any seven-day period (s 12(1)(a)-(b)), with allowed split into two periods where one is at least six hours (s 12(2)), and ensure intervals between consecutive rest periods do not exceed 14 hours (s 12(3)). Document exceptions and keep evidence of operational necessity consistent with s 13.

Recordkeeping systems and retention

• Provide seafarers with a daily personal hours-of-rest record template and require daily completion (s 14(2)(a)). Implement a workflow for transfer of personal records into vessel records within seven days (s 14(2)(b)).
• Maintain vessel records in a standardised format in the working language and, if the working language is not English, in English as well, with endorsement fields for seafarer and master or authorised person (s 14(4)(a)-(c)). Keep records for at least the 12-month retention period (s 14(3), (6)) and make certified copies available to seafarers on request (s 14(5)(a)).
• For foreign vessels, ensure records are maintained in accordance with STCW Code paragraph 7 and retained for the flag Administration’s specified period or 12 months (s 15(1), (3)). Be ready to present records to an inspector during retention periods (s 15(2)).

Emergency procedures and compensatory rest

• Develop operational guidance for masters on suspension of watchkeeping and rest schedules in emergencies, including how to record the circumstances that justified suspension under s 13(1)-(2).
• Implement a method for scheduling and documenting compensatory rest for any seafarer who has performed work during scheduled rest, including the master (s 13(3)-(4)). Ensure drills are planned to minimise rest disturbance and record drill scheduling rationale and attendance (s 13(5)).

Alcohol policies and testing

• Adopt an alcohol policy for regulated Australian vessels that complies with s 17: ensure seafarers performing designated safety, security or environmental duties do not exceed a blood alcohol limit of 0.05% or 0.25 mg per litre of breath (s 17(1)-(2)). Consider whether to impose lower limits as permitted in the Order (s 17 Note).
• Implement testing and disciplinary procedures consistent with STCW B-VIII/1 guidance (s 17 Note). Record test results, chain of custody, and the designation of safety duties in the safety management system or in another readily accessible on-board record (s 17(2)).

Training and refresher programmes

• Schedule and record refresher and updated training for crew in accordance with STCW requirements (s 8(1)(f)). Keep training records as part of the documentation required by s 8(1)(c).

Language and documentation controls

• Establish translations and bilingual templates for watch schedules and records where the working language is not English (s 11(2); s 14(4)(a)-(b)). Ensure all crew are aware of the working language policy and that onboard signage, manuals and schedules comply.

Inspections and audits

• Conduct internal audits of hours-of-rest records, watchkeeping schedules, familiarisation documents and alcohol testing records at intervals sufficient to detect noncompliance within the 12-month retention window. Ensure readiness to present records to inspectors (s 14(5)(b); s 15(2)).

Exemptions and administrative engagement

• If operational circumstances require deviation from the minimum hours of rest (s 12), prepare an exemption application in accordance with Marine Order 1 and s 6(2). Provide evidence showing that the proposed exemption is consistent with section A-VIII/1 of the STCW Code (s 6(3)). Track timelines for AMSA decision-making as set out in Marine Order 1.

Disciplinary and labour relations alignment

• Align any disciplinary processes for noncompliance with hours or alcohol limits to workplace laws and employment contracts. Ensure procedural fairness and documentation when relying on testing or disciplinary outcomes to avoid parallel legal risks not addressed in this instrument.

Documentation and evidentiary hygiene

• Keep contemporaneous records of all inductions, familiarisation sessions, training and any exceptions to rest or watchkeeping schedules. Ensure seafarer endorsements are obtained and retained as required by s 14(4)(c). Preserve electronic records with appropriate timestamps and access logs.

Cross-references and updates

• Maintain a compliance matrix that maps the Marine Order’s provisions to other relevant instruments referenced in the Order (Marine Orders 1, 11, 21, 63, 70; STCW sections and SOLAS reg 14) to ensure cross-instrument alignment.

Practical sufficiency

• Focus on systems that show that owner obligations are proactively managed. Given the strict liability characterisation of some provisions and the availability of civil penalties, documentation that demonstrates active management, training and due care will be central in any administrative or enforcement review.

By following the above steps and keeping documentary evidence in accordance with the specified retention periods and format requirements, owners, masters and seafarers can create a practical compliance posture that aligns with the operative text of Marine Order 28 (Operations standards and procedures) 2025.