Sch 28Marine Orders Part 51, issue 1

Schedule 28 Marine Orders Part 51, issue 1

[1] Section 1, heading

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  This Order is Marine Order 51 (Fishing vessels) 1989.

  This Order sets out:

(a) standards of competence to be attained and other conditions to be satisfied by a person to be a qualified skipper, officer in charge of a navigational watch, engineer or deck hand for a fishing vessel; and

(b) stability requirements for fishing vessels.

1B.1 Subsection 29(1) of the Navigation Act provides that the regulations may prescribe different classes of seafarer certificates and may require that an individual hold a seafarer certificate of a particular kind to undertake particular duties, or perform particular functions, as a seafarer.

 1B.2 Subsection 29(2) of the Navigation Act provides that the regulations may prescribe criteria for certain specified matters for seafarer certificates, including proficiencies, competencies and standards, qualifications, experience and health.

1B.3 Subsection 29(3) of the Navigation Act provides that the regulations may provide for a number of matters, including the instruction, training and examination of seafarers, the gaining of sea service and other experience and the conduct of examinations.

1B.4 Section 35 of the Navigation Act provides that a person must not perform duties or functions in relation to a regulated Australian vessel if the regulations require the person to hold a particular seafarer certificate to perform them, and the person does not hold such a certificate.

1B.5 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

1B.6 Paragraph 339(2)(e) of the Navigation Act provides for regulations to be made about the stability of vessels.

1B.7 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by the regulations.

[3] Subsection 1.2

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Part, unless the contrary intention appears, the following definitions apply:

Order:

[4] Subsection 1.2, definitions of Chief Marine Surveyor, Manager, length and IMO

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[5] After definition of valid

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011 including:

• fishing operations

• fishing vessel

• overseas voyage