Schedule 10—Matters that comprise the safety management system of a pilotage services provider
Regulation 97
RISK MANAGEMENT
Processes and systems that—
(a) identify risks to safety in relation to the provision of pilotage services; and
(b) provide for the comprehensive and systematic assessment of any identified risks; and
(c) specify the controls that are to be used to manage identified risks and monitor safety in relation to the provision of pilotage services; and
(d) provide for the review of those processes and systems.
EMERGENCY MANAGEMENT
An emergency management plan that provides for processes and systems to—
(a) identify emergencies; and
(b) mitigate emergencies; and
(c) respond to emergencies; and
(d) provide for the recovery from emergencies; and
(e) review the plan.
PILOT OPERATIONS
Processes and systems for the control of any risks to safety associated with the fatigue of pilots and marine safety workers carrying out marine safety work for or on behalf of the pilotage services provider, including processes and systems that provide for—
(a) scheduling work and non-work periods in order to manage, as far as reasonably practicable, any risks associated with fatigue; and
(b) monitoring hours worked by pilots and marine safety workers; and
(c) appropriate education and provision of information about identifying and managing risks associated with fatigue.
Processes and systems to ensure, so far as is reasonably practicable, that pilots and marine safety workers who carry out marine safety work for or on behalf of the pilotage services provider do not carry out that marine safety work while more than the prescribed concentration of alcohol (within the meaning of the Marine (Drug, Alcohol and Pollution Control) Act 1988) is present in their blood or breath or while impaired by a drug.
TRAINING, QUALIFICATION AND COMPETENCY OF PILOTS
Systems and procedures to ensure that all pilots and marine safety workers employed or engaged by the pilotage services provider are medically fit to provide and support pilotage services and pilotage transfer operations.
Systems and procedures to ensure that all pilots and marine safety workers employed or engaged by the pilotage services provider are appropriately trained, qualified and licensed to carry out and support pilotage services and pilotage transfer operations.
Systems and procedures to maintain and improve the proficiency and competency of pilots and marine safety workers, employed or engaged by the pilotage services provider through training.
Systems and procedures to maintain the validity of qualifications of pilots and marine safety workers employed or engaged by the pilotage services provider.
PILOT TRANSFER OPERATIONS
Systems and procedures for the safe performance of pilot transfer operations, including systems and procedures for training pilots and marine safety workers to coordinate pilot transfer operations.
Systems and procedures to ensure that any vessel, vehicle or aircraft used in the provision of pilotage services or support services is safe and in good working order and complies with relevant State or Commonwealth legislation.
Systems and procedures to ensure that any safety risks arising from multiple pilotage services providers operating in close proximity to each other are appropriately identified and managed.
Systems and procedures for the safe embarking and disembarking of pilots.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Marine Safety Regulations 2023, S.R. No. 36/2023 were made on 30 May 2023 by the Governor in Council under Part 8.10 of the Marine Safety Act 2010, No. 65/2010 and came into operation on 11 June 2023: regulation 3.
The Marine Safety Regulations 2023 will sunset 10 years after the day of making on 30 May 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Marine Safety Regulations 2023 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Reg. 4(a): S.R. No. 45/2012 as amended by S.R. Nos 102/2013, 153/2015, 158/2015, 143/2016, 74/2017, 138/2017, 101/2018, 61/2019, 146/2019, 63/2020 and 79/2021 and extended in operation by S.R. No. 39/2022. ↑
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92 and for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 36/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5—definition of ***fixed fire extinguishing system*** | International Standard ISO 9094:2022 "Small craft—Fire protection" as published by the International Organization for Standardization on 24 November 2022 | Whole |
| | Australian Standard AS 4214:2018 "Gaseous fire‑extinguishing systems" as published by Standards Australia on 16 April 2018 | Whole |
| Regulation 5—definition of ***hull identification number*** | International Standard ISO 10087:2022 "Small craft—Craft identification—Coding system" as published by the International Organization for Standardization on 14 January 2022 | Whole |
| Regulation 5—definition of ***length*** | International Standard ISO 8666:2020(E) "Small craft—Principal data" as published by the International Organization for Standardization on 2 November 2020 | Clause 5.2.2 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5—definition of ***lifebuoy*** | Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022 | Whole |
| Regulation 5—definition of ***marine radio*** | Australian/New Zealand Standard<br>AS/NZS ETSI EN 302 885:2018<br>"Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC" as published jointly by Standards Australia and Standards New Zealand on 17 May 2018 | Whole |
| Regulation 5—definition of ***orange smoke hand-held distress signal*** | Australian Standard AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004 | Clause 8 |
| Regulation 5—definition of ***personal locator beacon*** | Australian/New Zealand Standard AS/NZS 4280.2:2017 "406 MHz satellite distress beacons—Part 2: Personal locator beacons (PLBs)" as published jointly by Standards Australia and Standards New Zealand on 28 February 2017 | Whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5—definition of ***portable fire extinguisher*** | Australian/New Zealand Standard AS/NZS 1841.1:2007 "Portable fire extinguishers—Part 1: General requirements" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007 | Whole |
| | Australian/New Zealand Standard AS/NZS 1841.5:2007 "Portable fire extinguishers—Part 5: Specific requirements for powder type extinguishers" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007 | Whole |
| | Australian/New Zealand Standard AS/NZS 1850:2009 "Portable fire extinguishers—Classification, rating and performance testing" as published jointly by Standards Australia and Standards New Zealand on 20 March 2009 | Whole |
| Regulation 5—definition of ***red hand-held distress flare*** | Australian Standard AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004 | Clause 6 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5—definition of ***red star parachute distress rocket*** | Australian Standard AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004 | Clause 7 |
| Regulation 5—definition of ***valid certificate of competency*** | Marine Order 505 (Certificates of competency—national law) 2022 of the Commonwealth dated 29 March 2022 and made under section 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law | Whole |
| Regulation 62(4)—definition of ***fire blanket*** | Australian/New Zealand Standard AS/NZS 3504:2006 "Fire blankets" as published jointly by Standards Australia and Standards New Zealand on 21 June 2006 | Whole |
| Schedule 1—Part 1—definition of ***recognised appraiser*** | Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC published by the European Parliament dated 23 July 2014 | Whole |
| Schedule 1—Part 2—Level 100 plus lifejacket | Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022 | Whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Schedule 1—Part 3—Level 50 lifejacket | Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022 | Whole |
| Schedule 1—Part 4—Level 50S lifejacket | Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022 | Whole |
| Schedule 1—Part 5—Type 1 lifejacket | Australian Standard AS 1512—1996 "Personal flotation devices—Type 1" as published by Standards Australia on 5 January 1996, reissued incorporating Amendment No. 1 (December 2005) | Whole |
| | Australian Standard AS 4758.1—2008 "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008, reissued incorporating Amendment No. 1 (November 2009) | Whole |
| | International Life-Saving Appliance Code, 2017 Edition, as published by the International Maritime Organization on 1 March 2017 | Paragraph 2.2 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| | Part C, Section 7, Subsection 7A of the National Standard for Commercial Vessels as published by the Australian Maritime Safety Authority dated 1 January 2023 | Whole |
| | International Standard ISO 12402-2:2006(E) "Personal flotation devices—Part 2: Lifejackets, performance level 275—Safety requirements" as published by the International Organization for Standardization on 24 August 2006 | Whole |
| | International Standard ISO 12402-3:2006(E) "Personal flotation devices—Part 3: Lifejackets, performance level 150—Safety requirements" as published by the International Organization for Standardization on 24 August 2006 | Whole |
| | International Standard ISO 12402-4:2006(E) "Personal flotation devices—Part 4: Lifejackets, performance level 100—Safety requirements" as published by the International Organization for Standardization on 24 August 2006 | Whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| | National Standard of Canada CAN/CGSB-65.11-M88 "Personal Flotation Devices" as published by the Canadian General Standards Board on 28 February 1988 and amended on 1 January 1997 and incorporating the corrigendum dated August 2000 | Whole |
| | National Standard of Canada CAN/CGSB-65.15-M88 "Personal Flotation Devices for Children" as published by the Canadian General Standards Board on 1 April 1988 and amended on 1 January 1997 and incorporating the corrigendum dated August 2000 | Whole |
| | Underwriters Laboratories Standard UL 1180 "Standard for Safety for Fully Inflatable Recreational Personal Flotation Devices", Second Edition, as published by Underwriters Laboratories on 27 May 2021 | Whole |
| | New Zealand Standard NZS 5823:2005 "Specification for Buoyancy Aids and Marine Safety Harnesses and Lines" as published by Standards New Zealand on 29 May 2005, reissued incorporating Amendment 1 (7 October 2011) | Section 401 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Schedule 1—Part 6—Type 2 lifejacket | Australian Standard AS 1499—1996 "Personal flotation devices—Type 2" as published by Standards Australia on 5 January 1996 | Whole |
| | Australian Standard AS 4758.1—2008 "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008, reissued incorporating Amendment No. 1 (November 2009) | Whole |
| | International Standard ISO 12402-5:2006(E) "Personal flotation devices—Part 5: Buoyancy aids (level 50)—Safety requirements" as published by the International Organization for Standardization on 24 August 2006 | Whole |
| | British Standard BS EN 393:1994 "Lifejackets and personal buoyancy aids—Buoyancy aids—50 N" as published by the British Standards Institution on 15 May 1994 | Whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Schedule 1—Part 7—Type 3 lifejacket | Australian Standard AS 4758.1:2015 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 13 August 2015 | Whole |
| Schedule 3—Table G—EPIRB | Australian/New Zealand Standard AS/NZS 4280.1:2022 "Global maritime distress and safety system (GMDSS) Cospas-Sarsat EPIRB—Emergency position indicating radio beacon operating on 406 MHz—Operational and performance requirements, methods of testing and required test results (IEC 61097-2 (Ed.4.0) MOD)" as published jointly by Standards Australia and Standards New Zealand on 24 June 2022 | Whole |