Marine Order 505 (Certificates of competency — national law) 2022

2 Purpose

The purpose of this Marine Order is to provide for certificates of competency and set out standards for the qualifications of the crew and masters on domestic commercial vessels.

3 Power

(1) The following provisions of the national law provide for this Marine Order to be made:

(a) Division 4 of Part 4 which provides for a number of matters to be prescribed for certificates of competency including who must have a certificate, how to apply, and the criteria for the issue, variation, suspension and revocation of certificates;

(b) Division 5 of Part 4 which provides for a number of matters to be prescribed for certificates issued under the national law;

(c) paragraph 159(2)(g) which provides that the regulations may prescribe standards for the qualifications of crew and masters of domestic commercial vessels;

(d) Section 162 which provides that the regulations may prescribe penalties for offences against the regulations and civil penalties for contraventions of the regulations.

(2) Subsection 159(1) of the national law 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 national law.

(3) Subsection 163(1) provides that the National Regulator may make a Marine Order about matters that can be provided for by regulation.

(4) Section 164 of the national law allows a Marine Order to provide for any matter by applying, adopting or incorporating any matter contained in any written instrument in force or existing from time to time.

4 Definitions

In this Marine Order:

ACMA means the Australian Communications and Media Authority.

AMPA means the latest version of the AMSA Mandated Practical Assessment developed by AMSA and conducted by registered training organisations for a final assessment for a certificate of competency.

Note For information on the AMPA, see the AMSA website: http://www.amsa.gov.au.

AMSA approved task book means a task book issued by AMSA for the specified certificate.

ASQA means the Australian Skills Quality Authority.

Note: certificate of recognition means a certificate of recognition or a restricted certificate of recognition that is issued by AMSA to recognise:

1. an overseas qualification in accordance with Marine Order 70 (Seafarer certification) 2014; or
2. a New Zealand qualification in accordance with the Trans-Tasman Mutual Recognition Act 1997.

Note: chief engineer means the engineer in charge of:

(a) the vessel’s propulsion machinery; and

(b) the safe operation and maintenance of the mechanical and electrical installation of the vessel; and

(c) ensuring that watchkeeping arrangements are adequate to maintain a safe engineering watch.

Note State and Territory laws may apply to a person carrying out electrical work on a vessel.

chief mate means the crew member next in rank to the master, who would be responsible for the command of the vessel if the master was unable to perform the task.

colour deficient vision means vision that does not meet the colour vision requirements of section 3 of Part B of the Standards for the medical examination of domestic seafarers, as existing from time to time.

Note The Standards for the medical examination of domestic seafarers are available from the AMSA website at http://www.amsa.gov.au

daylight hours means the hours between sunrise and sunset.

deck capacity means performing tasks related to the navigation of a vessel.

deck certificate means any of the following certificates of competency:

(a) Master <24 m NC;

(b) Master (Inland waters) NC;

(c) Master <45 m NC;

(d) Master <100 m NC.

deck watchkeeper

means a crew member in charge of a navigational or cargo

watch.

deck work

means operation or lookout tasks for any of the following:

(a) navigation;

(b) mooring;

(c) anchoring;

(d) cargo.

direct supervision means that the person being supervised is frequently within sight and hearing of the supervisor.

dual certificate means any of the following certificates of competency:

(a) General Purpose Hand NC;

(b) Coxswain Grade 3 NC;

(c) Sailing Master Coastal NC;

(d) Sailing Master Offshore NC;

(e) Coxswain Grade 2 NC;

(f) Coxswain Grade 1 NC.

endorsement, on a certificate of competency, means that the holder of the certificate is permitted to perform the additional duties or to have the additional functions mentioned in the endorsement.

engineering capacity means performing tasks related to the operation of propulsion and auxiliary machinery of a vessel.

engineering certificate means any of the following certificates of competency:

(a) Marine Engine Driver Grade 3 NC;

(b) Marine Engine Driver Grade 2 NC;

(c) Marine Engine Driver Grade 1 NC;

(d) Engineer Class 3 NC.

engine work means tasks relating to main or auxiliary machinery used for any of the following:

(a) propulsion;

(b) mooring;

(c) anchoring;

(d) cargo.

final assessment, for a certificate of competency, means an assessment by the National Regulator or an organisation approved by the National Regulator under Division 6, of whether the applicant has operational knowledge and knowledge of Australian maritime legislation that is appropriate to the kind of certificate.

final assessor means the person who conducts a final assessment.

general supervision means that the person being supervised receives instruction and direction on tasks, and recurrent personal contact from the supervisor, but is not frequently attended by the supervisor.

GT has the same meaning as gross tonnage (or GT) in NSCV Part B.

inland waters means non-tidal waters.

inshore operations has the meaning given by NSCV Part B.

inshore waters means inland waters and waters landward of the outer limits for inshore operations.

long, for a vessel, means the measured length of the vessel.

Marine Order 501 means Marine Order 501 (Administration — national law) 2023.

Marine Order 504 means Marine Order 504 (Certificates of operation — national law) 2024.

MAR Maritime Training Package means the latest version of the Maritime Training Package developed by Australian Industry Standards.

Note Details of the package are available at: training.gov.au

Master <35 m NC means a Master <35 m NC certificate of competency issued by the National Regulator before 1 January 2023.

Master <80 m NC means a Master <80 m NC certificate of competency issued by the National Regulator before 1 January 2023.

Mate <80 m NC means a Mate <80 m NC certificate of competency issued by the National Regulator before 1 January 2023.

measured length has the meaning given by NSCV Part B.

mooring area means an area that is:

(a) near a marina that controls it; and

(b) determined under State or Territory waterways management legislation to be an area for the mooring of vessels.

Navigation Act means the Navigation Act 2012.

NC means near coastal and applies to waters including inland waters and waters to the outer limits of the exclusive economic zone of Australia.

NSCV Part B means Part B — General requirements of the National Standard for Commercial Vessels, as existing from time to time.

Note The National Standard for Commercial Vessels, as existing from time to time, is available on AMSA’s website at http://www.amsa.gov.au.

partially smooth waters means waters that are designated as partially smooth waters under a law in force in a State or Territory.

passenger has the meaning given by NSCV Part B.

recreational vessel means a vessel that is being used for recreational purposes.

registered training organisation means an organisation for the provision of training that has been registered by one or more of the following:

(a) ASQA;

(b) VRQA;

(c) TAC.

RYA means the Royal Yachting Association.

sailing vessel has the meaning given by NSCV Part B.

seafarer certificate means a seafarer certificate issued under section 31 of the Navigation Act.

second engineer means the engineer next in rank to the chief engineer and upon whom the responsibilities of the chief engineer will fall in the event of the chief engineer’s incapacity.

sheltered waters means waters that are either smooth waters or partially smooth waters.

smooth waters means waters that are designated as smooth waters under a law in force in a State or Territory.

Standards for RTOs means the Standards for Registered Training Organisations (RTOs) 2015, made under subsections 185(1) and 186(1) of the National Vocational Education and Training Regulator Act 2011.

TAC means the Training Accreditation Council, Western Australia.

tender has the meaning given by NSCV Part B.

VRQA means the Victorian Registration and Qualifications Authority.

workshop skills equivalent qualification means any of the following:

(a) Certificate III in Engineering/mechanical trade;

(b) Certificate III in Electrical fitting;

(c) Certificate III in Automotive diesel engine technology;

(d) Certificate III in Automotive/mechanical — diesel fitter;

(e) Certificate III in Automotive/mechanical — heavy vehicle road transport;

(f) Certificate III in Automotive/mechanical — heavy vehicle mobile equipment, plant/earthmoving/agriculture;

(g) Certificate III in Automotive engine reconditioning;

(h) Certificate IV in ESI generation maintenance — electrical electronics;

(i) Certificate IV in ESI generation maintenance — mechanical;

(j) an Australian trade certificate in fitter and turner/machinist;

(k) an Australian trade certificate in diesel fitter;

(l) an Australian trade certificate in electrical fitter;

(m) an Australian Recognised Trade Certificate in the same classification as an Australian trade certificate mentioned in this definition;

(n) any other qualification that includes workshop skills and is approved in writing by the National Regulator.

Note for paragraph (m) Australian Recognised Trade Certificates are issued in recognition of trade certificates or other qualifications of a country other than Australia.

Note 1 Some terms used in this Marine Order are defined in Marine Order 501, including:

Note: AMSA

Note: approved form

Note: national law

Note: NSCV

Note 2 Other terms used in this Marine Order have the same meaning that they have in the national law, including:

Note: certificate of competency

Note: domestic commercial vessel

Note: fit and proper person

Note: master

Note: National Regulator

Note: operate

Note: owner

Note 3 For delegation of the National Regulator’s powers under this Marine Order — see the AMSA website at http://www.amsa.gov.au.

5 Interpretation

The propulsion power of a vessel is determined according to the following table.

6 Applications

(1) For subsection 59(2) of the national law, an application for a certificate of competency must be made in accordance with section 9 of Marine Order 501.

(2) Division 3 (other than section 13) of Marine Order 501 applies to an application for a certificate of competency.

(3) Division 3 of Marine Order 501 applies to an application mentioned in:

(a) section 14; and

(b) Division 6.

(4) In accordance with subsection 8(2) of Marine Order 501, section 12 of Marine Order 501 is varied by altering the period for consideration of:

(a) an application mentioned in section 14 — from 90 days to 30 days; and

(b) an application mentioned in Division 6 — from 90 days to 60 days.

Note 1 There is an approved form for applying for the issue and reissue, endorsement, variation, suspension and revocation of a certificate of competency — see the AMSA website at http://www.amsa.gov.au.

Note 2 There is an approved form for applying for approval for an organisation to conduct final assessments — see the AMSA website at http://www.amsa.gov.au.

Division 2 Certificates of competency

7 Certificates of competency requirements

(1) If a person holds a certificate mentioned in an item in column 2 of the following table, the person may undertake a duty or perform a function mentioned in Schedule 1 for the certificate mentioned for that item in column 3 of the table.

(2) If a person holds a seafarer certificate mentioned in Schedule 2, or an equivalent certificate of recognition, the person may undertake a duty or perform a function mentioned in Schedule 1 for the certificate of competency that corresponds to the seafarer certificate in Schedule 2.

(3) If a person applies to the National Regulator for the reissue of a certificate of competency before it expires, the person may undertake a duty or perform a function mentioned in Schedule 1 for the certificate of competency, for 90 days after the expiry of the certificate if:

(a) the certificate was not revoked or suspended; and

(b) the person continues to comply with the conditions of the expired certificate.

(4) If a person is crewing in accordance with the requirements and conditions of a temporary crewing permit issued by the National Regulator under section 16 of Marine Order 504, the person may undertake a duty or perform a function mentioned in Schedule 1 for a certificate of competency without holding the certificate.

(5) A person may undertake a duty or perform a function mentioned in Schedule 1 for a Coxswain Grade 3 NC certificate of competency if the person:

(a) is at least 16 years old; and

(b) is familiar enough with the English language that the person can fully understand directions and documents relating to the performance of the duties and functions mentioned; and

(c) has a current Certificate of Medical Fitness Domestic Seafarers that shows the person meets the Standards for the medical examination of domestic seafarers; and

(d) other than a person who works only in a marina or mooring area — has a current first aid certificate equivalent to at least HLTAID011 Provide first aid; and

(e) meets any one of the eligibility requirements for the certificate mentioned in Schedule 3; and

(f) keeps evidence of meeting the eligibility requirement on board any vessel on which the person is undertaking the duty or performing the function; and

(g) undertakes the duty or performs the function only in daylight hours in the case of a person with colour deficient vision.

Note: > Note 1

A person may undertake the duties or perform the functions of a Cox 3 in accordance with this provision or, if the person satisfies the criteria in section 9 for the issue of a Cox 3 certificate, apply for the issue of that certificate.

Note 2 For paragraph (c), the form Certificate of Medical Fitness Domestic Seafarers is available from the AMSA website at: http://www.amsa.gov.au. The Standards for the medical examination of domestic seafarers are also available from the AMSA website. To obtain a Certificate of Medical Fitness Domestic Seafarers, the Standards for the medical examination of domestic seafarers must be met.

Note 3 For paragraph (d), details of this course are available at myskills.gov.au.

(6) A person may undertake a duty or perform a function in accordance with section 23.

(7) In any other circumstance, a person must hold a certificate of competency of a kind mentioned in section 8 to undertake a duty or perform a function on a domestic commercial vessel, if the duty or function is mentioned in Schedule 1 for the kind of certificate.

8 Kinds of certificates of competency

The kinds of certificates of competency are:

(a) General Purpose Hand NC;

(b) Coxswain Grade 3 NC;

(c) Coxswain Grade 2 NC;

(d) Coxswain Grade 1 NC;

(e) Sailing Master Coastal NC;

(f) Sailing Master Offshore NC;

(g) Master (Inland waters) NC;

(h) Master <24 m NC;

(i) Master <45 m NC;

(j) Master <100 m NC;

(k) Marine Engine Driver Grade 3 NC;

(l) Marine Engine Driver Grade 2 NC;

(m) Marine Engine Driver Grade 1 NC;

(n) Engineer Class 3 NC.

9 Issue of certificate

First Issue

(1) For paragraph 60(1)(b) of the national law, the criteria are that the person must:

(a) be at least 16 years old; and

(b) be familiar enough with the English language that the person can fully understand directions and documents relating to the performance of the duties and functions permitted under the certificate; and

(c) meet the eligibility requirements mentioned in Schedule 3 for the kind of certificate sought; and

(d) meet the requirements, if any, for qualifying sea service mentioned in Schedule 3 for the kind of certificate sought; and

(e) have a current Certificate of Medical Fitness Domestic Seafarers that shows the person meets the Standards for the medical examination of domestic seafarers; and

(f) have a current first aid certificate equivalent to at least HLTAID011 Provide first aid.

Note 1 For paragraph (e), the form Certificate of Medical Fitness Domestic Seafarers is available from the AMSA website at: http://www.amsa.gov.au. The Standards for the medical examination of domestic seafarers are also available from the AMSA website. To obtain a Certificate of Medical Fitness Domestic Seafarers, the Standards for the medical examination of domestic seafarers must be met.

Note 2 For paragraph (f), details of this course are available at myskills.gov.au.

Second or subsequent issue (reissue/renewal)

(2) However, the criteria set out in subsection (3) apply for a kind of certificate if:

(a) a person holds a certificate of competency of that kind that is in force; or

(b) a person held a certificate of competency of that kind that ceased to be in force in the 5 years before the person’s application to the National Regulator; or

(c) the kind of certificate is a Master <24 m NC and the person holds, or held in the 5 years before the person’s application to the National Regulator, a Mate <80 m NC; or

(d) the kind of certificate is a Master <45 m NC and the person holds, or held in the 5 years before the person’s application to the National Regulator, a Master <35 m NC; or

(e) the kind of certificate is a Master <100 m NC and the person holds, or held in the 5 years before the person’s application to the National Regulator, a Master <80 m NC.

(3) The person must:

(a) have a current first aid certificate equivalent to at least HLTAID011 Provide first aid; and

(b) for a Master <45 m NC, a Master <100 m NC, a Marine Engine Driver Grade 1 NC and an Engineer Class 3 NC:

(i) have a current Certificate of Medical Fitness Domestic Seafarers that shows the person meets the Standards for the medical examination of domestic seafarers; and

(ii) have accrued, in the 5 years before the application, qualifying sea service of at least 120 days in duties to which the certificate applies, as navigational watch or in an engineering capacity; and

(c) for a certificate of competency not mentioned in paragraph (b) — make a declaration of medical fitness in the approved form.

Note 1 For paragraph (c), the approved form is available from the AMSA website at http://www.amsa.gov.au.

Note 2 In accordance with subsection 60(6) of the national law, a certificate comes into force on the day specified in the certificate (or, if no day is specified, the day on which the certificate is issued) and remains in force until the day specified in the certificate.

10 Qualifying sea service

(1) Qualifying sea service for the issue or reissue of a certificate of competency is calculated according to the rules set out in Schedule 4.

(2) For the reissue of a certificate, a person who is not able to meet the sea service requirement mentioned in subparagraph 9(3)(b)(ii) may instead have:

(a) completed a final assessment approved in writing by the National Regulator; or

(b) accrued 60 days qualifying sea service in the 6 months before the application; or

(c) for a seasonal fisher (eg an abalone fisher) — worked in a seasonal fishery for at least 120 days in the 5 years before the application; or

(d) other industry experience approved in writing by the National Regulator; or

(e) completed an AMSA approved task book for the certificate.

Note For paragraph (d), examples include operational employee, fleet manager, shore-side servicing, teacher at a registered training organisation for maritime studies, marine surveyor.

11 National Regulator may offer alternative certificate

(1) If a person does not meet the eligibility criteria for the certificate mentioned in an application, the National Regulator may offer the applicant another certificate of competency for which the applicant does meet the eligibility criteria.

(2) If the person agrees to accept the other certificate of competency instead of the certificate for which the person applied, the application for the certificate of competency is taken to be an application for the other certificate of competency.

12 Form of certificate

(1) A certificate of competency must include the following:

(a) the name of the person to whom it is issued;

(b) the date of birth of the person;

(c) a passport-style photograph taken in the 6 months before the person applied for the certificate;

(d) the date the certificate comes into force;

(e) the date the certificate ceases to be in force;

(f) the kind of certificate;

(g) conditions imposed by the national Regulator on the certificate;

(h) the endorsements (if any) on the certificate.

(2) However, after the National Regulator decides to issue a certificate of competency and before the person to whom it is issued receives it, a letter from the National Regulator setting out the details of the certificate of competency is taken to be a certificate of competency.

Note This is intended to allow the person to use the certificate while the plastic card including the photograph is prepared and before the person receives it.

(3) A certificate of competency may include anything else the National Regulator considers relevant.

13 Conditions on certificate

For paragraph 60(4)(ab) of the national law, a certificate of competency is subject to the following conditions:

(a) the holder of the certificate must tell the National Regulator, in writing within 90 days, about any long term or permanent medical condition that is likely to affect the holder’s ability to perform duties under the certificate;

(b) the holder must tell the National Regulator, in writing within 90 days, if:

(i) the holder changes their name or address; or

(ii) a matter recorded on the certificate is no longer correct;

(c) the holder must undertake a medical examination or medical tests, if required to do so by the National Regulator;

(d) if the holder of any of the following certificates of competency has colour deficient vision, the holder must undertake a duty or perform a function for which the certificate is required during daylight hours only:

(i) Coxswain Grade 3 NC;

(ii) Coxswain Grade 2 NC;

(iii) Coxswain Grade 1 NC;

(iv) Sailing Master Coastal NC;

(v) Sailing Master Offshore NC;

(vi) Master (Inland waters) NC;

(vii) Master <24 m NC;

(viii) Master <45 m NC;

(ix) Master <100 m NC.

(e) if the holder of a General Purpose Hand certificate of competency has colour deficient vision, the holder must perform lookout duties during daylight hours only unless under direct supervision.

Note This means that duties other than lookout duties may be performed by the holder of a General Purpose Hand certificate of competency both in daylight hours and at any other time.

(f) the holder must keep the certificate on board any vessel on which the holder is performing duties for which the certificate is required.

Note 1 The National Regulator may impose other conditions — see paragraph 60(4)(b) of the national law.

Note 2 It is an offence to perform duties or functions for a domestic commercial vessel in breach of a condition of a certificate of competency — see section 69 of the national law.

14 Endorsement on certificate

(1) A person who is performing the duties or functions that apply to an endorsement in an item in Schedule 5 must have the certificate of competency mentioned in the item, appropriately endorsed as mentioned in the item.

(2) A person who holds a certificate of competency may apply to the National Regulator for an endorsement on the certificate.

(3) The application must be made in accordance with Marine Order 501.

(4) The National Regulator may endorse a certificate of competency if the holder of the certificate:

(a) has applied for endorsement in accordance with this Marine Order; and

(b) meets the requirements set out in Schedule 5 for the endorsement sought.

(5) A decision by the National Regulator to refuse to endorse a certificate is taken to be a reviewable decision for section 16 of Marine Order 501.

15 Eligibility requirements — equivalence

(1) This section applies to a person who completes training that the National Regulator considers equivalent to all or part of:

(a) training that is an eligibility requirement mentioned in Schedule 3 for a certificate of competency; or

(b) a requirement mentioned in Schedule 5 for endorsement on a certificate of competency.

(2) The training completed is taken to meet the eligibility requirement mentioned in Schedule 3 or the requirement for endorsement mentioned in Schedule 5 to the extent that the National Regulator considers appropriate.

16 Sea service requirements — equivalence

(1) This section applies to a person who completes sea service that the National Regulator considers equivalent to all or part of:

(a) a sea service requirement mentioned in Schedule 3 for a certificate of competency; or

(b) a requirement mentioned in Schedule 5 for endorsement on a certificate of competency.

(2) The sea service completed is taken to meet the sea service requirement mentioned in Schedule 3 or the requirement for endorsement mentioned in Schedule 5 to the extent that the National Regulator considers appropriate.

17 National Regulator may give information about certificates of competency

(1) The National Regulator may give information on the status of a certificate of competency that it has issued or an endorsement on a certificate of competency that it has issued, if a request is made by:

(a) a foreign administration; or

(b) the owner or master of a vessel on which the person to whom the certificate was issued works, or may work in the future; or

(c) a State or Territory maritime agency; or

(d) a State or Territory law enforcement agency.

(2) The information may include whether the certificate has been suspended or revoked.

Division 3 Variation, suspension and revocation of certificates of competency

18 Criteria for variation of certificate

(1) For paragraph 62(1)(b) of the national law, the criteria for the National Regulator to vary a certificate of competency on application are that:

(a) the certificate contains incorrect information; or

(b) the certificate no longer reflects the qualifications or competencies of the applicant.

(2) For paragraph 62(2)(a) of the national law, the criteria for variation of a certificate of competency by the National Regulator on the National Regulator’s initiative are that:

(a) the certificate contains incorrect information; or

(b) for the variation, imposition or removal of a condition on the certificate — the variation is required for the safe performance by the holder of the certificate of the duties or functions permitted by the certificate; or

(c) the person cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.

Note Under subsection 72(1) of the national law, the National Regulator must, before varying a certificate of competency, give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the variation should not be made.

19 Suspension of certificate

(1) For paragraph 63(1)(b) of the national law, the criteria for the National Regulator to suspend a certificate of competency on application are that the holder of the certificate has given the National Regulator a declaration that the certificate will not be used for the period for which the suspension is sought.

(2) For subsection 63(2A) of the national law, the purposes for the suspension of a certificate of competency by the National Regulator on the National Regulator’s initiative are the following:

(a) to ensure that fees owed to the National Regulator are recovered;

(b) to ensure that the eligibility and medical requirements of this Marine Order are met;

(c) to investigate whether the holder of the certificate:

(i) gave information to the National Regulator that was false or misleading;

(ii) contravened, or is contravening, a condition of the certificate;

(iii) has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel;

(iv) cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.

Note The National Regulator must suspend a certificate if satisfied the suspension is necessary for other purposes: protecting human life, securing the safe navigation of vessels or dealing with an emergency involving a serious threat to the environment — see subsection 63(2) of the national law.

(3) For subparagraph 63(3)(b) of the national law, the prescribed period is:

(a) for a suspension on application mentioned in subsection 63(1) of the national law — 18 months; and

(b) for a suspension on the National Regulator’s initiative mentioned in subsections 63(2) and (2A) of the national law — 24 months.

Note 1 Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under subsection 63(2A), give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended.

Note 2 The prescribed period is the maximum period a suspension may remain in force — the National Regulator may specify in writing an earlier period — see paragraph 63(3)(b) of the national law. The period may be described by reference to the fulfilment of a requirement or condition specified by the National Regulator — see subsection 63(4) of the national law.

Note 3 Because of the operation of subsection 60(6) of the national law, suspension of a certificate of competency does not extend the duration of the certificate.

20 Criteria for revocation of certificate

(1) For paragraph 64(1)(b) of the national law, the criterion for the National Regulator to revoke a certificate of competency on application is that the holder of the certificate has given the National Regulator a declaration that the certificate is no longer in use.

(2) For paragraph 64(2)(a) of the national law, the criteria for revocation of a certificate of competency by the National Regulator on the National Regulator’s initiative are that:

(a) it is necessary in the interest of marine safety or protecting the environment; or

(b) the certificate was wrongly issued; or

(c) the person gave information to the National Regulator that was false or misleading; or

(d) the person contravened, or is contravening, a condition of the certificate; or

(e) the person has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or

(f) the person cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.

Note 1 The National Regulator may also revoke a certificate of competency if satisfied that the holder is not a fit and proper person to hold the certificate — see subsection 64(3) of the national law.

Note 2 Under subsection 72(1) of the national law, the National Regulator must, before revoking a certificate of competency, give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be revoked.

21 Return of revoked certificate

For section 84 of the national law, the revoked certificate must be delivered to the National Regulator within 90 days of the day the certificate was revoked.

Division 4 Time before issue of certificate — signed declaration by final assessor

22 Application of Division

This Division applies if:

(a) a person has applied for any of the following certificates:

(i) General Purpose Hand NC;

(ii) Coxswain Grade 2 NC;

(iii) Coxswain Grade 1 NC;

(iv) Master (Inland waters) NC;

(v) Master <24 m NC;

(vi) Marine Engine Driver Grade 3 NC;

(vii) Marine Engine Driver Grade 2 NC; and

(b) the person meets the requirements mentioned in paragraphs 9(1)(a) and (b); and

(c) a final assessor has provided a signed declaration on the approved form that the person has:

(i) a current Certificate of Medical Fitness Domestic Seafarers that shows that the person meets the Standards for the medical examination of domestic seafarers; and

(ii) a current first aid certificate equivalent to at least HLTAID011 Provide first aid; and

(iii) satisfied the eligibility requirements mentioned in Schedule 3 for the certificate applied for; and

(iv) stated that any sea service requirement for the certificate applied for has been met.

23 Service on vessel prior to issue of certificate

The person may undertake a duty or perform a function for which the certificate is required starting on the day of the signed declaration by the final assessor and ending on the earlier of:

(a) 60 days after the signed declaration; or

(b) the day the National Regulator decides the application.

24 Matters about signed declaration

(1) Section 23 does not apply if the signed declaration by the final assessor was made in error or based on incorrect information.

(2) If requested by any of the following, the person must give the signed declaration to:

(a) the owner or master of a vessel on which the person works or may work in the future;

(b) a marine safety inspector;

(c) the National Regulator.

Division 5 Regulatory action

25 Regulatory action by the National Regulator

(1) The National Regulator may require a person who holds a certificate of competency to perform regulatory action if:

(a) the person gave information to the National Regulator about the application for the person’s certificate that was false or misleading; or

(b) the person contravened, or is contravening, a condition of the certificate; or

(c) the person has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or

(d) the person cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.

Note: Examples of regulatory action:

Note: completing a drug or alcohol rehabilitation program

Note: completing, to the satisfaction of the National Regulator, specified training appropriate to the duties or functions the person is permitted to perform under the certificate.

(2) A decision by the National Regulator to require a person to perform regulatory action is taken to be a reviewable decision for section 16 of Marine Order 501.

Division 6 Approval of organisations to conduct final assessments

26 Application for approval of organisation to conduct final assessments

(1) A person may apply to the National Regulator for approval of an organisation to conduct final assessments for any of the following certificates:

(a) Coxswain Grade 2 NC;

(b) Coxswain Grade 1 NC;

(c) Marine Engine Driver Grade 3 NC;

(d) Marine Engine Driver Grade 2 NC;

(e) Master <24 m NC;

(f) Master (Inland waters) NC.

(2) The application must be made in accordance with Marine Order 501.

27 Approval of organisation

(1) The National Regulator may approve an organisation to conduct final assessments if the criteria in Schedule 6 are met.

(2) The approval must be in writing and specify the certificates for which the organisation is approved to provide final assessments.

28 Conditions attached to approval

An approval to conduct final assessments is subject to:

(a) the conditions in Schedule 7; and

(b) any additional condition attached to the approval by the National Regulator.

29 Term of approval

(1) An approval of an organisation to conduct final assessments has effect from the day it is issued.

(2) The approval ceases to have effect:

(a) if it is revoked — on the day of revocation; or

(b) if it is not revoked — 9 months after it is issued.

(3) The holder of an approval to conduct final assessments may apply to the National Regulator for an extension of the approval.

(4) The National Regulator may extend an approval for up to 3 years from the date of issue of the approval if it is satisfied that:

(a) the organisation continues to meet the criteria in Schedule 6; and

(b) the organisation has complied with the conditions in Schedule 7.

(5) The National Regulator may, on application from the holder of the approval, make further extensions of the approval, each for up to 3 years, if the criteria mentioned in subsection (4) are met.

(6) An approval is not in effect at any time that it is suspended.

30 Variation, suspension and revocation of approval

(1) The holder of an approval to conduct final assessments may apply to the National Regulator for the variation, suspension or revocation of the approval.

(2) The National Regulator may, in writing, vary an approval if it is satisfied that:

(a) the variation sought means that the organisation continues to meet the criteria in Schedule 6; and

(b) the organisation has complied with the conditions in Schedule 7.

(3) The National Regulator may, in writing, suspend or revoke an approval if it considers that:

(a) the organisation does not meet one or more of the criteria in Schedule 6; or

(b) the organisation fails to comply with a condition in Schedule 7; or

(c) a proposed partnership or subcontracting arrangement is not appropriate for the delivery of assessments.

(4) A suspension has effect for the time specified, in writing, by the National Regulator.

31 Review of approval decisions

The following decisions by the National Regulator are taken to be reviewable decisions for section 16 of Marine Order 501:

(a) to refuse to approve an organisation to conduct final assessments;

(b) to refuse to extend an approval;

(c) to vary an approval ;

(d) to refuse to vary an approval;

(e) to suspend an approval;

(f) to refuse to suspend an approval;

(g) to revoke an approval;

(h) to refuse to revoke an approval.

Division 7 Transitional and savings

32 Transitional

(1) Subsections (2) to (5) apply to an application to the National Regulator for any matter mentioned in this Marine Order if the application:

(a) is made before 1 January 2023; and

(b) is not decided before 1 January 2023.

(2) The application is taken to be an application to which this Marine Order applies.

(3) If the application is for the issue of a Master <35 m NC, it is taken to be an application for a Master <45 m NC.

(4) If the application is for the issue of a Master <80 m NC, it is taken to be an application for a Master <100 m NC.

(5) If the application is for the issue of a Mate <80 m NC, it is taken to be an application for a Master <24 m NC.

33 Savings

(1) Subsections (2) and (3) apply to an approval for an organisation to conduct final assessments that was in effect on 31 December 2022.

(2) The approval continues to apply to the organisation.

(3) Sections 28 to 30 of this Marine Order apply to the approval.

(4) An endorsement on a certificate on 31 December 2022 continues to apply to the certificate after 31 December 2022 until the certificate is no longer in force.

Note A certificate of competency issued before the commencement of this Marine Order continues to operate until the day specified in the certificate — see subsection 60(6) of the national law. The certificate is subject to the conditions mentioned in this Marine Order (paragraph 60(4)(ab) of the national law) and any conditions imposed by the National Regulator (paragraph 60(4)(b) of the national law).

Schedule 1 Duties and functions for which a certificate of competency is required

(section 7)

In this Schedule <EEZ means in inland waters and in waters to the outer limits of the exclusive economic zone of Australia.

Schedule 2 Corresponding certificates

(subsection 7(2))

Schedule 3 Eligibility and sea service requirements

(paragraphs 9(1)(c) and (d))

Note The skills and knowledge relevant to the duties and functions of the above certificates are set out in the AMSA document MO 505 Certificates of Competency Skills and Knowledge — see the AMSA website at http://www.amsa.gov.au

Schedule 4 Calculating qualifying sea service

(subsection 10(1))

4.1 Terms for calculating qualifying sea service

In clause 4.2:

underway means when the vessel is not:

(a) at anchor; or

(b) made fast to the shore; or

(c) aground.

watchkeeping duties means the duties of a master, chief mate or deck watchkeeper in charge of a navigational watch.

Note Other terms used in clause 4.2 are defined in section 4 including: deck capacity, deck certificate, dual certificate and engineering certificate.

4.2 Calculation of qualifying sea service

(1) Qualifying sea service is measured in hours spent performing the tasks appropriate to the kind of certificate to which it applies.

(2) For qualifying sea service, a day is 8 hours.

(3) Hours of service less than 8 in a day may be added to hours of service less than 8 in any other day.

Note: Example 3 hours worked on Tuesday, 3 hours worked on Thursday and 3 hours worked on Saturday may be added together to make 1 day of qualifying sea service. The remaining hour may be used to add to further hours subsequently accumulated.

(4) However, hours of service more than 8 in a calendar day do not count towards qualifying sea service.

(5) Sea service performed by a person when the person is less than 16 years old may be counted as qualifying sea service:

(a) only for a Coxswain Grade 1 or 2, or a Marine Engine Driver Grade 3 certificate; and

(b) only if the person was at least 14 years old when the sea service was performed.

(6) Qualifying sea service must be accrued on a vessel that is:

(a) underway; or

(b) at anchor with a person on anchor watch; or

(c) being manoeuvred to free it from being aground.

(7) However:

(a) for a deck certificate — up to 15% of the required sea service may be accrued on a vessel that is not mentioned in subclause (6) while the applicant is performing duties in a deck capacity or undertaking refitting work; and

(b) for an engineering certificate — up to 33% of the required sea service may be accrued on a vessel that is not mentioned in subclause (6) while the applicant is performing duties in an engineering capacity or undertaking refitting work.

(8) A person who holds a dual certificate, and performs sea service in a dual role on a vessel with propulsion power ≤750 kW, may count that sea service as qualifying sea service for one or more of the following:

(a) a dual certificate;

(b) a deck certificate;

(c) an engineering certificate.

(9) A person who holds both a deck certificate and an engineering certificate, and performs sea service in a dual role on a vessel with propulsion power ≤750 kW, may count that sea service as qualifying sea service for one or both of the following:

(a) a deck certificate;

(b) an engineering certificate.

4.3 Recognition of other kinds of service

The National Regulator may recognise qualifying sea service, in capacities or trades or on kinds of vessels, that is not recognised by this Marine Order as qualifying sea service according to its equivalence to:

(a) the duration and frequency of voyages or refits; and

(b) the kind of duties performed and their duration and frequency; and

(c) the level of responsibility during the sea service; and

(d) the relevance of the sea service to the certificate of competency applied for.

Note: Example

Note: Service on defence vessels

Note For further information — see the AMSA website at http://www.amsa.gov.au.

4.4 Evidence

(1) The applicant must give the National Regulator evidence of sea service accrual.

(2) Evidence of sea service accrual must include the following:

(a) vessel name;

(b) vessel identification number;

(c) vessel measured length;

(d) kind of vessel;

(e) area of operation;

(f) duties performed;

(g) propulsion type;

(h) number of engines;

(i) propulsion power of each engine;

(j) total propulsion power (in kilowatts);

(k) number of days at sea;

(l) hours worked each day;

(m) any other matter mentioned on the AMSA website.

Note The AMSA website is at http://www.amsa.gov.au.

(3) Without limiting subclause (1), the applicant may provide evidence in the following ways:

(a) a declaration, in a form acceptable to the National Regulator;

(b) a sea service log book approved in writing by the National Regulator or an AMSA approved task book;

(c) a letter from the operator, owner, master or chief engineer of a vessel detailing the sea service accrued by the applicant.

4.5 Discounting service

If the National Regulator considers that a period of qualifying sea service was completed at a time that is, or in circumstances that are, of little or no relevance to the certificate of competency for which the applicant applies, the National Regulator may discount all or part of the service.

Schedule 5 Endorsements

(subsection 14(1))

Schedule 6 Criteria for approval of organisation to conduct final assessments

(subsection 27(1))

The organisation must:

(a) be a registered training organisation registered to deliver an MAR Maritime Training Package qualification; and

(b) not be in liquidation or insolvency administration; and

(c) tell the National Regulator the kinds of certificates it intends to provide assessment for; and

(d) deliver assessment that complies with the Standards for RTOs; and

(e) have a documented assessment strategy that will be followed for all assessments associated with the approval; and

(f) tell the National Regulator about any proposed partnerships or subcontracting arrangements for the delivery of assessments on its behalf; and

(g) tell the National Regulator the name of any person who is to deliver assessments for the organisation; and

(h) ensure that any person who is to deliver assessments for the organisation has:

(i) a certificate of competency that is current and appropriate for the assessment being delivered; and

(ii) qualifications appropriate to the training that is mentioned in Standards for RTOs; and

(iii) completed any instruction required by the National Regulator.

Schedule 7 Conditions on approval of organisation to conduct final assessments

(section 28)

The organisation must:

(a) continue to meet the criteria in Schedule 6; and

(b) provide assessment for the kinds of certificate mentioned in the approval in accordance with the organisation’s registration with ASQA, TAC or VRQA; and

(c) ensure assessments are delivered in accordance with:

(i) the appropriate MAR Maritime Training Package qualification; and

(ii) the AMPA; and

(iii) the organisation’s documented assessment strategy; and

(iv) any direction issued by the National Regulator or ASQA, TAC or VRQA; and

(d) adopt processes to ensure that its assessors:

(i) continue to develop their vocational education and training knowledge and skills; and

(ii) maintain their industry skills and knowledge; and

(e) must not advertise that the assessments it provides are endorsed or approved by the National Regulator; and

(f) cooperate with any investigation of the organisation by the National Regulator, including by providing requested information; and

(g) after consultation with the National Regulator, comply with any corrective action required by the National Regulator within the time stated; and

(h) tell the National Regulator if there is any change to the method of delivery of the assessment; and

(i) keep records of all conducted assessments for 6 months.

Notes to Marine Order 505 (Certificates of competency — national law) 2022

Note 1

Note: Marine Order 505 (Certificates of competency — national law) 2022 (in force under subsection 342(1) of the Navigation Act 2012) as shown in this compilation comprises Marine Order 505 (Certificates of competency — national law) 2022 amended as indicated in the following tables.

Note: > Note: Table of

Orders

Note: > Note: Table of amendments

<table cellspacing="0" cellpadding="0" style="width:436.05pt; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:78.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:335.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.1A</span><span style="width:95.39pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rep. </span><span style="font-style:italic">Legislation Act 2003, </span><span>s.48D</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.1B</span><span style="width:95.39pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rep. </span><span style="font-style:italic">Legislation Act 2003, </span><span>s.48C</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.4</span><span style="width:101.39pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2023/4; am. MO 2024/6</span></p></td></tr><tr><td style="width:78.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.7</span><span style="width:101.39pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:335.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2024/6</span></p></td></tr></tbody></table>