Marine Order 28 (Operations standards and procedures) 2025
I, Kaylene Dale, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.
Dated 17 June 2025
Kaylene Dale Chief Executive Officer
Division 1 Preliminary
1 Name of Marine Order
1A Commencement
1B Repeal of Marine Order 28 (Operations standards and procedures) 2015
2 Purpose
3 Power
4 Definitions
5 Application
6 Exemptions
Division 2 Responsibilities of owners and seafarers
7 Owner and seafarer general responsibilities
8 Owner responsibilities for seafarer assignment
9 Master responsibilities for newly employed or assigned seafarers
10 Newly assigned seafarer responsibilities
Division 3 Standards for watchkeeping
11 Watchkeeping schedules
12 Minimum hours of rest
13 Hours of rest — emergency or drill or other overriding operational conditions
14 Records of hours of rest — regulated Australian vessels
15 Records of hours of rest — foreign vessels
16 Observance of STCW watchkeeping standards
17 Owner responsibility in relation to alcohol use
Division 1 Preliminary
1 Name of Marine Order
This Marine Order is Marine Order 28 (Operations standards and procedures) 2025.
1A Commencement
This Marine Order commences on 1 September 2025.
1B Repeal of Marine Order 28 (Operations standards and procedures) 2015
Marine Order 28 (Operations standards and procedures) 2015 is repealed.
2 Purpose
(1) This Marine Order provides for the safe navigation and operation of vessels by giving effect to:
(a) the following provisions of the STCW Convention:
(i) regulation I/14;
(ii) regulation VIII/1;
(iii) regulation VIII/2; and
(b) the following provisions of the STCW Code:
(i) section A–I/14;
(ii) section A–VIII/1;
(iii) section A–VIII/2;
(iv) section B–I/14;
section B–VIII/2.
Note The latest edition of the STCW Convention and the STCW Code (including the amendments to the annex to the Convention known as the 2010 Manila Amendments) can be purchased from the International Maritime Organization. See the IMO website at 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 www.austlii.edu.au.
(2) This Marine Order also gives effect to regulation 14 of Chapter V of SOLAS in relation to minimum manning and the working language of the vessel.
3 Power
(1) The following provisions of the Navigation Act provide for this Marine Order to be made:
(a) section 58 which provides that the regulations may provide for hours of work, and hours of rest, of seafarers on regulated Australian vessels;
(b) paragraph 339(2)(m) which provides that the regulations may provide for records relating to compliance with this Act;
(c) paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS;
(d) paragraph 340(1)(h) which provides that the regulations may give effect to the STCW Convention;
(e) subsection 341(1) which provides that the regulations may provide for the imposition of penalties for the contravention of provisions of the regulations including the imposition of civil penalties.
(2) Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
(3) Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about anything that must or may be made by regulation.
(4) Subsection 342(4) of the Navigation Act allows a Marine Order to provide for a matter by applying, adopting or incorporating any matter contained in any instrument or document in force or existing from time to time.
4 Definitions
In this Marine Order:
chief engineer has the same meaning as chief engineer officer in regulation I/1 of the STCW Convention.
safe manning document means:
(a) a determination made under subsection 51(1) of the Navigation Act; or
(b) a determination made under section 10 of Marine Order 21 (Safety and emergency arrangements) 2016; or
(c) a minimum safe manning document or equivalent mentioned in regulation 14 of Chapter V of SOLAS.
Note 1 Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
IMO
Navigation Act
SOLAS
STCW Code.
Note 2 Other terms used in this Marine Order are defined in the Navigation Act, including:
AMSA
foreign vessel
inspector
master
owner (there is also a note about this term in Marine Order 1 (Administration) 2013)
regulated Australian vessel
seafarer
STCW Convention.
Note 3 Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Marine Order is available from the AMSA website Marine Orders link at www.amsa.gov.au.
Note 4 For delegation of AMSA’s powers under this Marine Order — see the AMSA website Marine Orders link at www.amsa.gov.au.
5 Application
This Marine Order applies to:
(a) a regulated Australian vessel — other than section 15; and
(b) a foreign vessel — other than section 6, subsection 8(4) and sections 9, 10, 14 and 17.
6 Exemptions
(1) A requirement mentioned in this provision does not apply in relation to a regulated Australian vessel if AMSA, under this section, gives an exemption from the requirement.
(2) An owner of a regulated Australian vessel may apply to AMSA, in accordance with Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of section 12 about minimum hours of rest for a seafarer.
Note An exemption may relate to several seafarers, or classes of seafarers — see paragraph 23(b) and subsection 33(3AB) of the Acts Interpretation Act 1901. It may also relate to more than 1 requirement of section 12 — see paragraph 23(b) of that Act.
(3) AMSA may give an exemption only if satisfied that giving the exemption would be in accordance with section A–VIII/1 of the STCW Code.
Note Marine Order 1 (Administration) 2013 deals with the following:
making of an application
seeking further information about an application
the time allowed for consideration of an application
notification of a decision on an application
review of decisions.
Division 2 Responsibilities of owners and seafarers
7 Owner and seafarer general responsibilities
(1) The owner of a vessel must implement measures in accordance with section A– I/14 of the STCW Code to ensure that each seafarer assigned to the vessel has knowledge to contribute to the safe operation of the vessel.
(2) For a seafarer who has not previously been assigned to the vessel — the owner of the vessel must:
(a) provide adequate familiarisation related to the seafarer’s duties including:
(i) the operation of equipment that the seafarer will be using;
(ii) watchkeeping, safety, environment protection and emergency procedures and arrangements for the vessel; and
(b) ensure the seafarer receives instruction and information from a knowledgeable seafarer in the language that the seafarer understands.
(3) A seafarer must undertake familiarisation and training provided by the owner of the vessel in accordance with section A–I/14 of the STCW Code.
8 Owner responsibilities for seafarer assignment
(1) The owner of a vessel must ensure that:
(a) each seafarer assigned to the vessel holds a certificate appropriate to the seafarer’s duties in accordance with:
(i) for a regulated Australian vessel — Marine Order 70 (Seafarer certification) 2014; or
(ii) for a foreign vessel — the law of the country in which the vessel is registered and the STCW Convention; and
(b) the vessel has a safe manning document; and
(c) documentation or data in relation to each seafarer employed on the vessel is maintained and readily accessible, including documentation or data in relation to their experience, training, medical fitness and competency in assigned duties; and
(d) each seafarer assigned to the vessel, is familiarised with their specific duties, vessel arrangements, installations, equipment, procedures and vessel characteristics for the undertaking of routine or emergency duties; and
(e) the vessel’s complement can effectively coordinate their activities:
(i) in an emergency; and
(ii) in performing functions vital to safety, security or the prevention or mitigation of pollution; and
(f) each seafarer assigned to the vessel has received refresher and updated training in accordance with the STCW Convention; and
(g) the working language must be determined and implemented at all times on board the vessel in accordance with paragraphs 3 and 4 of regulation 14 of Chapter V of SOLAS.
Penalty: 50 penalty units.
(2) The owner of a vessel must give written instructions to the master of the vessel in accordance with paragraph 2 of section A–I/14 of the STCW Code.
Penalty: 50 penalty units.
(3) The owner of a regulated Australian vessel must provide a vessel-specific introductory program and training to assist each newly employed seafarer setting out the matters in paragraph 1 of section B–I/14 of the STCW Code.
Penalty: 50 penalty units.
(4) An offence against subsection (1), (2) or (3) is a strict liability offence.
(5) A person is liable to a civil penalty if subsection (1), (2) or (3) is contravened.
Civil penalty: 50 penalty units.
9 Master responsibilities for newly employed or assigned seafarers
The master of a regulated Australian vessel must ensure the familiarisation and training mentioned in paragraph 4 of section B–I/14 of the STCW Code is provided to a seafarer.
Note Paragraph 4 of section B–I/14 of the STCW Code provides that the master should take all reasonable steps necessary to implement any company instruction including identifying any seafarer who is newly employed, providing them familiarisation of the vessel and its equipment, and also providing appropriate supervision.
10 Newly assigned seafarer responsibilities
(1) A seafarer who is newly assigned to a vessel must:
(a) immediately become familiar with the matters mentioned in paragraph 5 of section B–I/14 of the STCW Code; and
(b) identify any matter mentioned in paragraph 6 of section B–I/14 of the STCW Code.
Note 1 Paragraph 5 of section B–I/14 of the STCW Code provides that any seafarer who is newly assigned to a ship should take full advantage of every opportunity provided to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties. Immediately upon arriving on board for the first time, each seafarer has the responsibility to become acquainted with the ship’s working environment, particularly with respect to new or unfamiliar equipment, procedures or arrangements.
Note 2 Paragraph 6 of section B–I/14 of the STCW Code provides that any seafarer who does not promptly attain the level of familiarity required for performing their duties has the obligation to bring this fact to the attention of their supervisor or to the attention of the crew member designated and to identify any equipment, procedure or arrangement which remains unfamiliar.
(2) Subsection (1) applies even if the seafarer was assigned to the vessel on a previous occasion.
Division 3 Standards for watchkeeping
11 Watchkeeping schedules
(1) The owner of a vessel must ensure that updated watchkeeping schedules are displayed in areas of the vessel easily accessible by each seafarer on board.
Penalty: 50 penalty units.
(2) The schedules must be in a standardised format in:
(a) the working language of the vessel; and
(b) if the working language of the vessel is not English — in English.
(3) An offence against subsection (1) is a strict liability offence.
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
12 Minimum hours of rest
(1) The owner of the vessel must ensure minimum hours of rest for a seafarer that are:
(a) 10 hours in any 24 hours; and
(b) 77 hours in any 7 days.
Penalty: 50 penalty units.
Note Hours of rest means time outside hours of work and does not include short breaks.
(2) The minimum hours of rest may be divided into 2 periods, of which 1 period must be at least 6 hours.
(3) The interval between consecutive periods of rest must not exceed 14 hours.
(4) An offence against subsection (1) is a strict liability offence.
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
13 Hours of rest — emergency or drill or other overriding operational conditions
(1) This section applies in any of the following circumstances:
(a) an emergency, including:
(i) a situation affecting the immediate safety of the vessel, persons on board or cargo; or
(ii) giving assistance to other vessels or persons in distress at sea;
(b) if a drill is being conducted;
(c) essential shipboard work that:
(i) cannot be delayed for safety or environmental reasons; and
(ii) could not reasonably have been anticipated when the voyage started.
(2) The master may:
(a) suspend watchkeeping and hours of rest schedules; and
(b) personally perform any hours of work necessary while the circumstances exist; and
(c) require another seafarer to perform any hours of work necessary while the circumstances exist.
(3) As soon as practicable after the circumstances end, the master must:
(a) if the master performed work in a scheduled rest period while the circumstances existed — take a compensatory rest period; and
(b) ensure that any other seafarer who performed work in a scheduled rest period while the circumstances existed is given a compensatory rest period.
(4) If a seafarer’s minimum hours of rest are disturbed by call outs to work while the seafarer is on call (eg when a machinery space is unattended), the seafarer must be given a compensatory rest period.
(5) Musters, fire-fighting and lifeboat drills, and other drills must be conducted in a way that minimises the disturbance of rest periods and does not induce fatigue.
Note 1 Under section 185 of the Navigation Act, the owner of a vessel must report marine incidents to AMSA. Under section 186 of the Navigation Act, the master of a vessel must report marine incidents to AMSA. Section 23A of Marine Order 1 (Administration) 2013 prescribes matters in relation to reports under sections 185 and 186.
Note 2 Section 221 of the Navigation Act enables requirements to be prescribed for reporting about movements of vessels. Marine Order 63 (Vessel reporting systems) 2019 prescribes the requirements.
14 Records of hours of rest — regulated Australian vessels
(1) A seafarer on a regulated Australian vessel must record their hours of rest for the duration of the seafarer’s assignment to a vessel.
Note For offences relating to false or misleading information or documents — see Division 137 of the Criminal Code.
(2) For subsection (1), a seafarer must:
(a) make a personal record of their hours of rest every day; and
(b) transfer the personal record to the records of the vessel within 7 days after the period of rest to which the record relates.
(3) The owner of a regulated Australian vessel must keep records transferred for at least the retention period.
(4) The records of the vessel must be in a standardised format:
(a) in the working language of the vessel; and
(b) if the working language of the vessel is not English — in English; and
(c) that provides for the endorsement by each seafarer and the master, or a person authorised by the master, of the record relating to the seafarer’s hours of rest.
Note The standardised format may be the format mentioned in note 1 at the foot of this section.
(5) The owner of a regulated Australian vessel must:
(a) on request by a seafarer during the retention period — give the seafarer a copy of the records relating to the seafarer endorsed by the master, or a person authorised by the master, and by the seafarer; and
(b) make the records available for inspection by an inspector during the retention period.
(6) In this section:
retention period means the 12 months after the events have been recorded and transferred by the seafarer in accordance with subsection (2).
Note 1 The IMO/ILO guidelines for the development of tables of seafarers’ shipboard working arrangements and formats of records of seafarers’ hours of work or hours of rest may be used for the watch schedules and keeping of records. The guidelines are available at www.imo.org. A sample form of notice of shipboard working arrangements is available on the AMSA website at www.amsa.gov.au.
Note 2 It is an offence for the owner of a regulated Australian vessel not to ensure that records of hours of rest of a seafarer are maintained in accordance with this Division and a copy is provided to the seafarer — see section 28 of Marine Order 11 (Living and working conditions on vessels) 2024.
15 Records of hours of rest — foreign vessels
(1) The owner of a foreign vessel must keep records of daily hours of rest of each seafarer of the vessel that are maintained in accordance with paragraph 7 of section A–VIII/1 of the STCW Code for the retention period.
(2) The records must be available for inspection by an inspector during the retention period.
(3) In this section:
retention period means:
(a) if the Administration for the vessel has specified a period of time for retention of the records — that period of time; or
(b) in any other case — the 12 months after the daily hours of rest of the seafarer are recorded.
the Administration means the government of the country whose flag the vessel is entitled to fly.
Note Paragraph 7 of section A-VIII/1 of the STCW Code requires records of daily hours of rest of seafarers to be maintained in a standardised format in the working language or languages of the vessel and in English. It also requires seafarers to receive a copy of the records relating to them, which must be endorsed by the master or by a person authorised by the master and by the seafarer.
16 Observance of STCW watchkeeping standards
(1) The master, the chief engineer and any other person involved in watchkeeping duties on a vessel must comply with each requirement of section A–VIII/2 of the STCW Code that applies to the person, taking into account the guidance given in section B–VIII/2 of the STCW Code.
(2) The master of a vessel must ensure that watchkeeping arrangements for the vessel are in accordance with paragraph 2 of regulation VIII/2 of the STCW Convention.
Note Paragraph 2 of regulation VIII/2 of the STCW Convention refers to watchkeeping arrangements that are adequate taking into account that officers in charge of the navigational watch must be physically present on the navigating bridge or in a directly associated position; radio operators must be responsible for a continuous watch; officers in charge of an engineering watch must be immediately available and on call to attend the machinery spaces and physically present during periods of responsibility; watches must be maintained for safety at all times taking into account nature of the vessels cargo, and watches must be maintained for security.
17 Owner responsibility in relation to alcohol use
(1) The owner of a regulated Australian vessel must ensure that a seafarer does not have a blood alcohol limit that exceeds 0.05% or an alcohol limit of 0.25 mg per litre of breath.
Penalty: 50 penalty units.
Note The owner of a vessel may impose an alcohol limit for the vessel’s seafarers that is lower than the limit mentioned in this provision. Lower alcohol limits may also apply to seafarers under a provision of the law of a State or the Northern Territory.
(2) Subsection (1) applies to a seafarer when undertaking duties that have been designated as safety, security or marine environmental duties in either:
(a) the safety management system for the vessel; or
(b) another record that is readily accessible on board the vessel.
(3) An offence against subsection (1) is a strict liability offence.
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Note A written procedure or policy setting out the usage of alcohol on board the vessel is an example of a record for paragraph (2)(b) — see paragraphs 6 and 8 of section B-VIII/1 of the STCW Code.
Note
1. All legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See www.legislation.gov.au.