5Application

5 Application

  This Order applies to a person who:

(a) operates or intends to operate the radio installation of a regulated Australian vessel; or

(b) holds a GMDSS certificate.

6 Exemptions

 6.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption from a requirement of this Order.

 6.2  The decision maker for the application is the Manager, Ship Operations and Qualifications.

 6.3  The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that giving the exemption would not contravene SOLAS or SCTW.

[7]  Subsection 7.1

omit

  issued in a country other than Australia

[8]  Subsection 7.2

 7.2 For subsection 30(1) of the Navigation Act, a GMDSS certificate and a certificate of recognition are seafarer certificates.

Note   It is an offence under sections 35 and 36 of the Navigation Act for a person to perform, or for the master to allow another person to perform, duties or functions without a seafarer certificate if the regulations require a particular seafarer certificate for the performance of those duties or functions.

[9]  Sections 8 and 9

8 GMDSS certificates — criteria for issue

 8.1. For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a GMDSS certificate are that:

(a) the applicant is at least 18 years; and

(b) the Manager, Ship Operations and Qualifications is satisfied that the applicant:

 (i) has, in the 12 months before the application, satisfactorily completed an approved course that meets the standard of competence mentioned in section A-IV/2 of the STCW Code; or

 (ii) was issued with a certificate equivalent to a GMDSS certificate by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority and meets the requirements mentioned in section 17 for revalidation of a GMDSS certificate or a certificate of recognition.

 8.2 However, the Manager, Ship Operations and Qualifications may refuse to issue a GMDSS certificate to a person who has previously held a GMDSS certificate that was varied, suspended or revoked.