W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983

CrestWestern Australia

Western Australian Marine Act 1982

W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983

Western Australia

W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983

Contents

Part I — Preliminary

1. Citation 1

2. Commencement 1

3. Terms used 1

4. Smooth and partially smooth waters 4

5. Classification of vessels 4

Part II — Certificates of competency

6. Classification of certificates of competency 5

7. Functions of certificates of competency 5

8. Grant of certificate of competency 6

9. Restriction or endorsement of certificate of competency 6

10. Revalidation of certificates of competency 7

11. Refusal to grant, endorse or revalidate certificates of competency 11

12. Grant of certificates of satisfactory service 11

13. Recognition of other certificates of competency 12

14. Replacement of lost certificates 12

15A. Requirement to maintain medical fitness 13

15. Cancellation and suspension of certificates 13

Part III — Examinations

17. Application for examination 16

18A. Evidence of medical fitness 16

18. Proof of qualifying service etc. 17

19. Equivalent service and qualifications 18

20. Inadequate proof of satisfactory service 18

21. Discovery after examination of insufficient service 19

22. Conduct of examinations 19

23. Times and places of examinations 19

24. Examination results 20

25. Partial passes granted elsewhere 21

26. Right of appeal 21

27. Exemptions from examinations 21

Part IIIA — Certificate of proficiency

27A. Certificate of proficiency — pleasure vessels 23

Part IV — Safety manning

28. Manning of vessels 24

28A. Exemption from manning requirements 24

29. Temporary dispensations 25

Part VI — Miscellaneous

31A. Fees 27

Schedule 1

Geographical limits of smooth waters and partially smooth waters

Schedule 2

Functions of certificates of competency

Schedule 3 — Fees

Schedule 4

Prerequisites for applicants for certificates of competency

Schedule 5

Safety manning

Notes

Compilation table 65

Other notes 69

Defined terms

Western Australian Marine Act 1982

W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983

Part I — Preliminary

1. Citation

These regulations may be cited as the W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983.

2. Commencement

These regulations shall come into operation on 1 July 1983.

3. Terms used

In these regulations unless the contrary intention appears —

Annex C means Annex C to NSCV Part D;

applicant means a person who applies to be examined for a certificate of competency;

Australian marine authority means the statutory marine authority of the Commonwealth or of a State or Territory;

certificate of competency means a document granted or recognised by the chief executive officer which certifies that the holder is duly qualified to fulfil the duties of a position on a vessel appropriate to the class of certificate and includes a certificate of satisfactory service and a temporary permit to serve in a designated capacity on a designated vessel in a particular operating area;

chief engineer means the senior engineer officer who is permanently responsible for the mechanical propulsion of the vessel;

chief mate means an officer next in rank to the master and upon whom the command of the vessel will fall in the event of death or disability of the master;

Code means the Uniform Shipping Laws Code, referred to in section 115 of the Act, as in existence on 1 October 2009;

endorsement means any annotation made by the chief executive officer on a certificate of competency indicating the chief executive officer’s approval or acceptance under regulation 9 of any extension of the authority conferred by the certificate;

marine authority means —

(a) an Australian marine authority; or

(b) the marine authority of another country if there is an agreement between the Commonwealth and that other country under which the Commonwealth recognises that other country’s certificates of competency;

measured length or length means the distance from the fore part of the hull to the after part of the hull taken at the upperside of the uppermost weathertight deck or, in the case of open vessels, at the height of the gunwale and measured in accordance with Appendix A to Section 1 of the Code;

NSCV Part D means the provisions of Part D of the NSCV declared under the Navigation Act 1912 (Commonwealth) section 427(3)(a) as in existence by order published in the Commonwealth of Australia Gazette on 27 September 2006;

propulsion power —

(a) in the case of a multi screw vessel of less than 35 metres in length for use in sheltered waters, inshore, restricted offshore or offshore operations where the propulsion engines of which are similar and designed for a continuous rotational speed of more than 1 200 revolutions per minute, means the maximum continuous rated power in kilowatts of the machinery provided for the propulsion of the vessel by one screw; and

(b) in the case of any other vessel, means the total maximum continuous rated power in kilowatts of all the machinery provided for propulsion of the vessel;

qualifying numeral for the purpose of engineer qualification and safety manning means —

(a) measured length in metres; or

(b) propulsion power divided by 15,

whichever is the greater;

qualifying service in relation to engineering certificates of competency, means service afloat assisting to operate and maintain the propulsion machinery;

restriction means any annotation made by the chief executive officer on a certificate of competency indicating the chief executive officer’s approval or acceptance under regulation 9 of any limitation on the authority conferred by the certificate;

revalidate, in relation to a certificate of competency, means to record on the certificate that the holder continues to meet the standard of competency required for the functions to which the certificate relates;

seagoing vessel means a vessel other than a vessel that plies exclusively in inland waters or in waters within or closely adjacent to sheltered waters or areas where port regulations apply; and terms such as seaward, sea service and at sea shall be construed accordingly;

second engineer means the engineer officer next in rank to the chief engineer;

watchkeeping service means sea service in a watchkeeping capacity.

[Regulation 3 amended: Gazette 2 Aug 1985 p. 2697; 11 Aug 1992 p. 3977; 8 Dec 2006 p. 5387; 11 Dec 2009 p. 5090; 30 Jun 2010 p. 3159-60; 11 Feb 2011 p. 484.]

4. Smooth and partially smooth waters

The geographical limits prescribed for the purposes of the definitions of smooth waters and partially smooth waters in section 3(1) of the Act are those set out in Schedule 1.

5. Classification of vessels

For the purposes of these regulations, vessels shall be classified in the manner provided by clause 6 of Section 1 of the Code.

Part II — Certificates of competency

6. Classification of certificates of competency

(1) The chief executive officer may conduct, or approve the conduct of, examinations leading to qualifications for the following certificates of competency —

Master Class III

Master Class III (limited to sail as chief mate)

Master Class IV

Mate Class IV

Master Class V

Coxswain

Coxswain Instructor of commercial ski‑boat

Marine Engineer Class III

Marine Engine Driver Grade I

Marine Engine Driver Grade II.

[(2) deleted]

[Regulation 6 amended: Gazette 11 Aug 1992 p. 3977; 11 Feb 2011 p. 484.]

7. Functions of certificates of competency

(1) The chief executive officer must annotate a certificate of competency to show the functions to which the certificate relates, which are to be in accordance with Schedule 2.

(2) Without limiting subregulation (1), the chief executive officer must annotate a certificate of competency to which this subregulation applies to show whether the certificate is valid for sea service on a trading vessel or on a fishing vessel.

(3) Subregulation (2) applies to the following certificates of competency —

(a) Master Class III;

(b) Master Class IV;

(c) Mate Class IV;

(d) Master Class V.

[Regulation 7 inserted: Gazette 11 Feb 2011 p. 484‑5.]

8. Grant of certificate of competency

(1) Every applicant for a certificate of competency must have passed the appropriate examination to the satisfaction of the chief executive officer.

(2) Where, by virtue of being granted a certificate of competency by the chief executive officer, a person is deemed to be the holder of a certificate of a lower class, he may be required by the chief executive officer to deliver up any certificate of a lower class that he may possess and if any such certificate so delivered up to the chief executive officer was granted by another marine authority it shall be returned to that authority.

[Regulation 8 amended: Gazette 11 Aug 1992 p. 3977.]

9. Restriction or endorsement of certificate of competency

(1) Any certificate of competency which is acceptable to the chief executive officer for manning purposes may be restricted or endorsed by or on behalf of the chief executive officer with such limitations or extensions as the chief executive officer may approve for use within the jurisdiction.

(2A) Without limiting subregulation (1), the limitations that may be approved under that subregulation include limitations relating to —

(a) the duties, operations, area, vessel or class of vessel for which a certificate of competency is valid; and

(b) the period during which a certificate of competency is valid.

(2) The chief executive officer may accept, wholly or partially, a restriction or endorsement by another marine authority with which it operates a system of mutual recognition of certificates.

[Regulation 9 amended: Gazette 11 Aug 1992 p. 3977; 11 Feb 2011 p. 485.]

10. Revalidation of certificates of competency

(1) This regulation does not apply to a certificate of competency for sea service on a fishing vessel if the certificate was valid immediately before the commencement of the W.A. Marine (Certificates of Competency and Safety Manning) Amendment Regulations 2011 regulation 8.

(1AA) If, because of a limitation referred to in regulation 9(2A)(b), the period for which a certificate of competency is valid is less than 5 years, a reference in subregulation (1a) to the period of 5 years is to be read as a reference to that lesser period.

(1a) A certificate of competency that has been held for more than 5 years is not a valid certificate of competency at a particular time unless the chief executive officer has revalidated the certificate within the period of 5 years immediately preceding that time.

(1b) The holder of a certificate of competency may apply to the chief executive officer at any time for revalidation of the certificate for the purposes of subregulation (1a).

(2A) If a person —

(a) is the holder of —

(i) a certificate of competency referred to in regulation 7(3) for sea service on a trading vessel; and

(ii) the same class of certificate of competency for sea service on a fishing vessel;

and

(b) applies for revalidation of both certificates at the same time,

only one fee is payable under regulation 31A for the revalidation of both certificates.

(2B) Before revalidation of a certificate of competency, the chief executive officer shall require the holder of a certificate of competency to provide a current first aid certificate in accordance with the requirements set out in Annex D to NSCV Part D.

(2) Before revalidation of a certificate of competency to which this subregulation applies, the chief executive officer —

(a) shall require the holder of a certificate of competency —

(i) to provide a current certificate of medical fitness in accordance with the requirements set out in Annex C; and

(ii) to satisfy the chief executive officer as to professional competency —

(A) by approved sea service of at least 1 year during the preceding 5 years; or

(BA) for a certificate of competency for sea service on a fishing vessel — by continuous employment in each fishing season during the preceding 5 years; or

(B) by virtue of having performed functions relating to the duties appropriate to the grade of certificate held which is at least equivalent to the sea service required above; or

(C) by having completed approved sea service for a substantially continuous period of at least 3 months prior to taking up the rank to which he is entitled by virtue of the certificate either in a supernumerary capacity or, in the case of a marine engineer or marine engine driver, in a lower rank than that for which he holds the certificate; or

(D) by passing an approved test; or

(E) by successfully completing an approved course or courses which shall include changes in marine technology and relevant international regulations and recommendations concerning safety of life at sea and protection of the marine environment;

and

(aa) may require the holder of the certificate to provide further evidence as to the holder’s medical fitness; and

(b) may require the holder of the certificate to satisfactorily complete a short course of the type referred to in paragraph (a)(ii)(E); and

(c) shall, for continuing sea service on board vessels for which special training requirements or recommendations have been agreed upon internationally, require the holder of the certificate to complete relevant training to the satisfaction of the chief executive officer.

(3) Subregulation (2) applies to the following certificates of competency —

(a) Master Class III;

(b) Master Class IV;

(c) Mate Class IV;

(d) Marine Engineer Class III;

(e) Marine Engine Driver Grade I.

(4A) If, when considering the revalidation of a certificate of competency, the chief executive officer —

(a) is not satisfied as to a person’s professional competency in relation to one or more of the matters referred to in subregulation (2)(a)(ii); and

(b) is satisfied as to the person’s professional competency for the purposes of a certificate of competency that is of a lower class or subject to restrictions,

the chief executive officer may revalidate the certificate accordingly.

(4) Before revalidation of a certificate of competency to which this subregulation applies, the chief executive officer —

(a) shall require the holder of the certificate —

(i) to provide a declaration of medical fitness in accordance with the requirements set out in Annex C; and

(ii) to pass an eyesight test in accordance with the requirements set out in Annex C clause C4; and

(iii) in the case of sea service described in subregulation (2)(c), to complete relevant training to the satisfaction of the chief executive officer;

and

(b) may require the holder of the certificate to provide further evidence as to the holder’s medical fitness; and

(c) may require the holder of the certificate to satisfactorily complete a short course of the type referred to in subregulation (2)(a)(ii)(E).

(5) Subregulation (4) applies to the following certificates of competency —

(a) Master Class V;

(b) Coxswain;

(c) Marine Engine Driver Grade II.

(6) For the purposes of subregulation (2)(aa) or (4)(b) the chief executive officer may require the holder of the certificate to be examined by a medical practitioner specified by the chief executive officer.

[Regulation 10 amended: Gazette 11 Aug 1992 p. 3977; 8 Dec 2006 p. 5387-90; 11 Dec 2009 p. 5090; 11 Feb 2011 p. 485‑7; 14 Feb 2012 p. 672.]

11. Refusal to grant, endorse or revalidate certificates of competency

(1) Where the chief executive officer is satisfied that an applicant for a certificate of competency, or for the restriction, endorsement or revalidation of a certificate of competency, is not a fit and proper person to have the responsibilities and to exercise and perform the functions and duties appropriate to the certificate, the chief executive officer may refuse to grant the certificate or to restrict, endorse or revalidate an existing certificate, as the case may require.

(2) Where under subregulation (1) the chief executive officer refuses to restrict, endorse or revalidate a certificate of competency, he shall advise the other Australian marine authorities within whose jurisdiction the certificate is normally accepted for manning purposes.

[Regulation 11 amended: Gazette 11 Aug 1992 p. 3977; 30 Jun 2010 p. 3160; 11 Feb 2011 p. 487.]

12. Grant of certificates of satisfactory service

(1) In circumstances where immediately before these regulations came into operation there was no requirement for certificates of competency, the chief executive officer may grant certificates of satisfactory service to persons engaged in vessels licensed under the Pearling Act 1912 1 who may not meet the requirement in a position not lower than the one normally requiring possession of a certificate of competency of the same class but whose experience is in the opinion of the chief executive officer otherwise commensurate with the position for which the certificate of satisfactory service is to be granted.

(2) The chief executive officer may limit the use of a certificate of satisfactory service to vessels of a class in which the qualifying service has been performed.

(3) A certificate of satisfactory service may not be granted under this regulation after the expiration of 2 years from the coming into operation of these regulations.

(4) For safety manning purposes the holder of a certificate of satisfactory service shall, subject to any limitation imposed under subregulation (2), be deemed to be the holder of the corresponding certificate of competency and regulations 9 and 11 shall apply in respect of any such certificate as if it were a certificate of competency.

[Regulation 12 amended: Gazette 11 Aug 1992 p. 3977.]

13. Recognition of other certificates of competency

Certificates of competency issued by other marine authorities may be accepted by the chief executive officer, except that if the chief executive officer considers it necessary to require a specific test of local knowledge as a prerequisite to qualification for operating within a limited area, he may require the holder of the certificate to pass such a test before accepting his certificate for manning purposes within the particular operating area.

[Regulation 13 amended: Gazette 11 Aug 1992 p. 3977.]

14. Replacement of lost certificates

An applicant for a replacement for a lost certificate of competency or certificate of service shall make and submit to the Department a written application giving the particulars required.

[Regulation 14 amended: Gazette 25 Jun 1996 p. 2998; 30 Jun 2010 p. 3160.]

15A. Requirement to maintain medical fitness

A person who holds a certificate of competency must maintain a level of medical fitness —

(a) that enables the person to perform safely the functions to which the certificate relates; and

(b) that complies with the requirements set out in Annex C clause C6.

[Regulation 15A inserted: Gazette 11 Feb 2011 p. 487‑8.]

15. Cancellation and suspension of certificates

(1) The chief executive officer may cancel or suspend any certificate of competency or certificate of satisfactory service (in so far as its validity within the limits of jurisdiction of the chief executive officer is concerned) held by a person who, in the opinion of the chief executive officer, is guilty of incompetence or misconduct, or has been seriously negligent in the discharge of his duties, or is unfit by reason of some physical or mental defect or infirmity, or is for any other reason not a fit and proper person to hold the certificate of competency or certificate of satisfactory service as the case may be.

(1a) The chief executive officer may suspend a certificate of competency or certificate of satisfactory service under subregulation (1) —

(a) for a period specified by the chief executive officer; or

(b) until the person complies with a requirement specified by the chief executive officer.

(2) Before the chief executive officer decides to cancel or suspend a certificate of competency or a certificate of satisfactory service, the chief executive officer shall give notice in writing to the holder of the certificate of —

(a) the proposed cancellation or suspension; and

(b) the findings of an investigation into the material questions of fact; and

(c) the reason why it appears to the chief executive officer that the certificate should be cancelled or suspended; and

(d) the period during which the holder may make written or oral representations to the chief executive officer.

(3) Where the chief executive officer decides to cancel or suspend a certificate of competency or a certificate of satisfactory service, the chief executive officer shall give notice in writing to the holder of the certificate of —

(a) the decision to cancel or suspend, as the case may be; and

(b) the date from which cancellation or suspension is to take effect; and

(ba) in the case of suspension —

(i) the period of the suspension; or

(ii) any requirement that has to be complied with by the holder before the suspension ceases to have effect;

and

(c) the right to apply to the State Administrative Tribunal for a review of the decision.

(4) Where the chief executive officer decides to cancel or suspend a certificate of competency or a certificate of satisfactory service, the chief executive officer shall advise other Australian marine authorities within whose jurisdiction the certificate is normally accepted for manning purposes of the general details and circumstances attached to the cancellation or suspension in order that they may then take appropriate parallel action.

[Regulation 15 amended: Gazette 11 Aug 1992 p. 3977; 30 Dec 2004 p. 6972; 16 Jun 2006 p. 2124-6; 30 Jun 2010 p. 3160.]

[16. Deleted: Gazette 30 Dec 2004 p. 6972.]

Part III — Examinations

17. Application for examination

(1) An application for examination for a certificate of competency shall be made in writing at an office of the Department where examinations are conducted not less than 10 days before the date on which the examination is to be conducted and shall be accompanied by —

(a) proof of age, if required; and

(b) proof of qualifying service and any other relevant prerequisites specified in Schedule 4; and

(ca) a current first aid certificate in accordance with the requirements set out in Annex D to NSCV Part D; and

(c) evidence of medical fitness in accordance with regulation 18A; and

(d) any other documents required in relation to the examination; and

(e) any fees set out in Schedule 3 that are payable in respect of sitting the examination.

[(2) deleted]

[Regulation 17 amended: Gazette 11 Aug 1992 p. 3977; 25 Jun 1996 p. 2999; 8 Dec 2006 p. 5390; 30 Jun 2010 p. 3161; 11 Feb 2011 p. 488; 14 Feb 2012 p. 672.]

18A. Evidence of medical fitness

(1) An applicant for examination for a certificate of competency to which this subregulation applies must provide —

(a) a current certificate of medical fitness in accordance with the requirements set out in Annex C; and

(b) if required to do so by the chief executive officer, further evidence as to medical fitness.

(2) Subregulation (1) applies to the following certificates of competency —

(a) Master Class III;

(b) Master Class IV;

(c) Mate Class IV;

(d) Marine Engineer Class III;

(e) Marine Engine Driver Grade I.

(3) An applicant for examination for a certificate of competency to which this subregulation applies must provide —

(a) a declaration of medical fitness in accordance with the requirements set out in Annex C; and

(b) evidence of passing an eyesight test in accordance with the requirements set out in Annex C clauses C4 and C5; and

(c) if required to do so by the chief executive officer, further evidence as to medical fitness.

(4) Subregulation (3) applies to the following certificates of competency —

(a) Master Class V;

(b) Coxswain;

(c) Marine Engine Driver Grade II.

(5) For the purposes of subregulation (1)(b) or (3)(c), the chief executive officer may require the applicant to be examined by a medical practitioner specified by the chief executive officer.

[Regulation 18A inserted: Gazette 11 Feb 2011 p. 488‑9.]

18. Proof of qualifying service etc.

(1) Applicants for examination for a certificate of competency or for issue of a certificate of satisfactory service are required to produce, to the satisfaction of the chief executive officer, proof of qualifying service and testimonials as to character, experience and ability during such service and, in addition, testimonials as to character during any significant gap in the period of service prior to the application.

(2) Service at sea shall be proved for the purposes of subregulation (1) by producing a record of service and the master or owner of every vessel on which a person has served shall, upon presentation by the person of his record of service, certify the correctness of any entry with his name, position, signature and date of signing.

(3) A record of service may be kept in a booklet supplied by the chief executive officer or in another appropriate form.

[Regulation 18 amended: Gazette 11 Aug 1992 p. 3977; 30 Jun 2010 p. 3161; 11 Feb 2011 p. 489.]

19. Equivalent service and qualifications

Where the chief executive officer is satisfied that a candidate’s service or qualifications (including relevant service and qualifications obtained in the Defence Forces, educational institutions or other organisations) substantially comply with those required by these regulations, the chief executive officer may, either unconditionally or subject to such conditions and additional requirements as he may specify, accept such service or qualifications for the purpose of admitting a candidate to the examinations for a certificate of competency.

[Regulation 19 amended: Gazette 11 Aug 1992 p. 3977.]

20. Inadequate proof of satisfactory service

An applicant for examination for a certificate of competency or temporary permit or for the issue of a certificate of satisfactory service who is unable to produce satisfactory testimonials for the whole of the requisite period prior to the application may be required by the chief executive officer to submit proof of satisfactory subsequent service for such additional period as the chief executive officer may determine.

[Regulation 20 amended: Gazette 11 Aug 1992 p. 3977.]

21. Discovery after examination of insufficient service

Where after a candidate has successfully passed an examination evidence of a deficiency in his qualifying service is found, the chief executive officer may, except in the case of wilful misrepresentation, exempt the candidate from the necessity of re‑examination, but, if not already issued, the certificate of competency shall not be issued until the deficiency in service has been made good.

[Regulation 21 amended: Gazette 11 Aug 1992 p. 3977.]

22. Conduct of examinations

(1) Examinations conducted by or on behalf of the chief executive officer shall be in accordance with the relevant syllabuses set out in Schedules One and Two to Section 2 of the Code and according to procedural rules determined or approved by the chief executive officer.

(2) Examinations conducted on behalf of the chief executive officer shall be conducted in a manner satisfactory to the chief executive officer.

(3) Candidates whose first language is not English may be required to pass an additional test, including a written paper, to demonstrate their ability to communicate in the English language.

[Regulation 22 amended: Gazette 11 Aug 1992 p. 3977; 11 Dec 2009 p. 5091.]

23. Times and places of examinations

(1) The times and places of examinations conducted by the chief executive officer shall be determined by the chief executive officer.

(2) The times and places of examinations conducted on behalf of the chief executive officer shall be approved by the chief executive officer.

[Regulation 23 amended: Gazette 11 Aug 1992 p. 3977.]

24. Examination results

(1) The results of examinations conducted by or on behalf of the chief executive officer shall be communicated to candidates.

(2) A pass in any of the theoretical subjects shall remain valid for a period of 5 years from the date of the examination.

(3) A pass in a group of practical subjects shall remain valid for a period of 12 months from the date of the examination.

(4) A candidate who fails in a theoretical subject may be re‑examined at any subsequent examination. A candidate who fails in a practical subject, at a first attempt, may be re‑examined at the next available examination. Failure in a practical subject at a second or subsequent attempt, or a serious deficiency in practical knowledge at any attempt will, however, result in a further time penalty which may include satisfactory completion of a further period of qualifying service.

(5) Where it is necessary for a candidate to pass a group of subjects at the same time, a candidate who fails in one subject may at the discretion of the chief executive officer, be re‑examined in that subject within 12 months from the date of the original examination. If the candidate then passes the subject he shall be deemed to have passed in the written examination; if, however, he does not present himself for re‑examination or if he is again unsuccessful in that subject he shall be deemed to have failed in the written part of the examination.

[Regulation 24 amended: Gazette 11 Aug 1992 p. 3977.]

25. Partial passes granted elsewhere

Candidates who hold partial passes granted by or on behalf of another marine authority shall be credited in full with such passes.

26. Right of appeal

(1) A candidate who has been failed in any written paper in an examination conducted by or on behalf of the chief executive officer may appeal to the chief executive officer for a reassessment of that paper.

(2) An appeal under subregulation (1) must be lodged with the chief executive officer, in writing, within 7 days after notification of the results of the examination and shall include the reasons for the appeal.

(3) Upon consideration of an appeal, the chief executive officer may reassess a written paper.

[Regulation 26 amended: Gazette 11 Aug 1992 p. 3977.]

27. Exemptions from examinations

(1) The chief executive officer may grant full or partial exemption from the parts of the written examination to an applicant whose qualifications, including qualifications obtained from an accredited training or education establishment, comply, in whole or in part, with the requirements of the chief executive officer.

(2) Where an exemption is requested, the chief executive officer may accept a course offered by an educational institution provided the chief executive officer is satisfied that the syllabus is equivalent to the relevant syllabus in Schedule One or Two to Section 2 of the Code and the method of assessment is considered to be satisfactory.

(3) An exemption under subregulation (1) may only be granted with respect to deck certificates if the examination by which the exemption is claimed was passed within a period of 5 years, or such lesser period as the chief executive officer may determine, before the date when a first attempt at the remaining parts of the examination is made.

[Regulation 27 amended: Gazette 11 Aug 1992 p. 3977; 11 Dec 2009 p. 5091.]

Part IIIA — Certificate of proficiency

[Heading inserted: Gazette 12 Jun 1987 p. 2323.]

27A. Certificate of proficiency — pleasure vessels

(1) The chief executive officer may conduct or approve the conduct of, examinations leading to the grant of a certificate of proficiency in the operation of pleasure vessels.

(2) An applicant for a certificate of proficiency must have passed an examination referred to in subregulation (1) to the satisfaction of the chief executive officer.

(3) An applicant for a certificate of proficiency shall make and submit to the Department a written application giving the particulars required.

(4) The fee set out in Schedule 3 in respect of the issue of a certificate of proficiency is not payable by a full‑time student at a secondary school or at a college established under section 35 of the Vocational Education and Training Act 1996.

[Regulation 27A inserted: Gazette 12 Jun 1987 p. 2323; amended: Gazette 11 Aug 1992 p. 3977; 25 Jun 1996 p. 2999; 27 Jun 1997 p. 3141.]

Part IV — Safety manning

28. Manning of vessels

(1) Subject to this regulation, the safety manning of commercial vessels must be in accordance with Schedule 5.

(1A) The chief executive officer may, on the application of a party with an interest in a commercial vessel, give a direction about the safety manning of the vessel.

(1B) The chief executive officer may, on the chief executive officer’s own initiative, give a direction about the safety manning of a commercial vessel or a specified class of commercial vessels.

(2) Where a party with an interest in a vessel disputes a decision of the chief executive officer made under subregulation (1A) or (1B), the safety manning of a trading ship shall be determined by the Manning Committee, which shall be guided (but not bound) by Schedule 5.

(2a) When the measured length of a commercial vessel is 80 metres or over the safety manning of such vessel shall be determined by the Manning Committee.

(3) This regulation does not apply to Class 2E vessels of less than 6 metres in length nor to Class 3E vessels of less than 6 metres in length.

[Regulation 28 amended: Gazette 2 Aug 1985 p. 2697; 30 Aug 1985 p. 3082; 11 Aug 1992 p. 3977; 30 Jun 2010 p. 3162.]

28A. Exemption from manning requirements

Notwithstanding anything in regulation 28 —

(a) a fishing vessel that —

(i) has a measured length not exceeding 8 metres; and

(ii) is operated solely within sheltered waters or within 5 nautical miles offshore;

and

(b) a class 2 vessel that —

(i) has a measured length not exceeding 8 metres; and

(ii) that does not carry passengers; and

(iii) is operated solely within sheltered waters or within 5 nautical miles offshore,

may, in lieu of the safety manning requirements in Schedule 5 Part I, be manned by a person who is the holder of a certificate of proficiency issued under regulation 27A.

[Regulation 28A inserted: Gazette 23 Jun 1989 p. 1812.]

29. Temporary dispensations

(1) Subject to subregulation (2), in circumstances of exceptional necessity, the chief executive officer may issue a dispensation permitting a specified seafarer to serve in a specified vessel for a specified period not exceeding 6 months in a capacity for which he does not hold the appropriate certificate.

(2) The power conferred on the chief executive officer by subregulation (1) is subject to the following conditions —

(a) the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner; and

(b) a dispensation for a post may be issued only to a person properly qualified to fill the post immediately below except that where certification of the post below is not required, a dispensation may be issued to a person whose qualification and experience are adequate provided that, if such person holds no appropriate certificate, he shall be required to pass a suitable test and the post shall be filled by the holder of an appropriate certificate as soon as possible; and

(c) dispensations shall not be granted to a master or chief engineer except in circumstances of force majeure and then only for the shortest possible period.

[Regulation 29 amended: Gazette 11 Aug 1992 p. 3977.]

[Part V (r. 30, 31) deleted: Gazette 11 Dec 2009 p. 5091.]

Part VI — Miscellaneous

31A. Fees

The fees set out in Schedule 3 are payable in respect of the matters under the Act or these regulations listed in that Schedule.

[Regulation 31A inserted: Gazette 25 Jun 1996 p. 2999; amended: Gazette 30 Jun 2010 p. 3162.]

[32. Omitted under the Reprints Act 1984 s. 7(4)(f).]

[33. Omitted under the Reprints Act 1984 s. 7(4)(e).]

Schedule 1

[r. 4]

Geographical limits of smooth waters and partially smooth waters

[Heading inserted: Gazette 6 Apr 2018 p. 1213.]

[Schedule 1 inserted: Gazette 6 Apr 2018 p. 1213‑15.]

Schedule 2

[r. 7]

Functions of certificates of competency

MASTER CLASS III — Acceptable basic qualification for —

(a) Master of seagoing vessels of less than 80 metres in length engaged in operations up to Australian Coastal and Middle‑Water limits; and

(b) Officers in charge of a navigation watch on seagoing vessels of less than 80 metres in length in any operating area, or as a fourth watchkeeping officer (if carried) on seagoing vessels of any size in any operating area.

Notes: An engineering endorsement of a Master Class III certificate of competency may be granted. An engineering endorsement is an acceptable basic qualification for taking charge of the machinery on vessels of less than 15 QN engaged in operations up to offshore limits out to 100 nautical miles and on vessels of less than 20 QN engaged in operations up to inshore limits.

MASTER CLASS III (limited to sail as chief mate) — Acceptable basic qualification for —

(a) Chief mate of seagoing vessels of less than 80 metres in length engaged in operations up to Australian Coastal and Middle‑Water limits; and

(b) Officer in charge of a navigation watch on seagoing vessels of less than 80 metres in length in any operating area, or as a fourth watchkeeping officer (if carried) on seagoing vessels of any size in any operating area.

Notes: An engineering endorsement of a Master Class III (limited to sail as chief mate) certificate of competency may be granted. An engineering endorsement is an acceptable basic qualification for taking charge of the machinery on vessels of less than 15 QN engaged in operations up to offshore limits out to 100 nautical miles and on vessels of less than 20 QN engaged in operations up to inshore limits.

MASTER CLASS IV — Acceptable basic qualification for —

(a) Master, of vessels of less than 80 metres in length engaged in operations up to Inshore limits, or of vessels of less than 35 metres in length engaged in operations up to Australian Coastal and Middle‑Water limits; and

(b) Chief Mate, of vessels of less than 35 metres in length in any operating area.

Notes:

1. Master Class IV certificates of competency restricted for use in Sheltered Water operations only may be granted. Certain of the requirements for the unrestricted certificate of competency may be omitted. The certificate of competency may be restricted for a particular Sheltered Water Area (estuary, harbour or inland water) as appropriate.

2. Master Class IV certificates of competency restricted for use in Inshore operations only may be granted. Certain of the requirements for the unrestricted certificate of competency may be omitted (see note to Offshore Navigation syllabus) and the certificate of competency should be restricted “for Inshore operations only”.

3. In the case of a candidate who has met the requirement for the issue of both an “Inshore Operation” certificate of competency and the knowledge for all the “Sheltered Water Operations” certificates of competency embraced by that Inshore Area, a combined certificate of competency covering Inshore (and Sheltered Water) Operations may be granted.

4. Master Class IV certificates of competency restricted for use in Offshore operations up to 100 nautical miles to seaward only may be granted. Certain requirements for the unrestricted certificate of competency may be omitted (see note to Offshore Navigation syllabus) and the certificates of competency should be restricted for Offshore operations up to 100 nautical miles to seaward.

5. An engineering endorsement of a Master Class IV certificate of competency may be granted. An engineering endorsement is an acceptable basic qualification for taking charge of the machinery on vessels of less than 15 QN engaged in operations up to offshore limits out to 100 nautical miles and on vessels of less than 20 QN engaged in operations up to inshore limits.

MATE CLASS IV — Acceptable basic qualification for —

(a) Chief mate of vessels of less than 80 metres in length engaged in operations up to Offshore limits; and

(b) Officer in charge of a navigation watch (if carried in addition to a chief mate) on vessels of less than 80 metres in length engaged in operations up to Australian Coastal and Middle‑Water limits; and

(c) Officers in charge of a navigation watch (if carried in addition to a chief mate) on vessels of less than 35 metres in length in any operating area.

Notes:

1. Mate Class IV certificates of competency restricted for use in Sheltered Water Operations only may be granted. Certain of the requirements for the unrestricted certificate of competency may be omitted. The certificate of competency may be restricted for a particular Sheltered Water Area (estuary, harbour or inland water) as appropriate.

2. Mate Class IV certificates of competency restricted for use in Inshore operations only may be granted. Certain of the requirements for the unrestricted certificate may be omitted (see note to Offshore Navigation syllabus) and the certificate should be restricted “for Inshore Operations only”.

3. In the case of a candidate who has met the requirements for the issue of both an “Inshore Operation” certificate of competency and the knowledge for all the “Sheltered Water Operations” certificates of competency embraced by that Inshore Area, a combined certificate of competency covering Inshore (and Sheltered Water) Operations may be granted.

4. Mate Class IV certificates of competency restricted for use in Offshore operations up to 100 nautical miles to seaward only may be granted. Certain requirements for the unrestricted certificate of competency may be omitted (see Note to Offshore Navigation syllabus) and the certificate of competency should be restricted for Offshore operations up to 100 nautical miles to seaward.

5. An engineering endorsement of a Mate Class IV certificate of competency may be granted. An engineering endorsement is an acceptable basic qualification for taking charge of the machinery on vessels of less than 15 QN engaged in operations up to offshore limits out to 100 nautical miles and on vessels of less than 20 QN engaged in operations up to inshore limits.

MASTER CLASS V — Acceptable basic qualification for —

(a) Command of seagoing vessels of less than 20 metres in length engaged in operations up to Offshore limits;

(b) Second‑in‑command and officer in charge of a navigation watch, of seagoing vessels of less than 80 metres in length engaged in operations up to the Inshore limits, or of seagoing vessels of less than 35 metres in length engaged in operations up to Australian Coastal and Middle‑Water limits.

Notes:

1. Master Class V certificate of competency restricted for use in Sheltered Water operations only may be granted. Certain of the requirements for the unrestricted certificate may be omitted. The certificate may be restricted for a particular Sheltered Water Area (estuary, harbour or inland water) as appropriate.

2. Master Class V certificates of competency restricted for use in Inshore operations only may be granted. Certain of the requirements for the unrestricted certificate may be omitted and the certificate should be restricted “for Inshore Operations only”.

3. In the case of a candidate who has met the requirements for the issue of both an “Inshore Operation” certificate of competency and the knowledge for all the “Sheltered Water Operations” certificates of competency embraced by that Inshore Area. A combined certificate of competency covering “Inshore (and Sheltered Water) Operations” may be granted.

4. For operations extending beyond a range of 100 nautical miles to seaward, the chief executive officer shall be satisfied as to the competency of the Master Class V for the nature of the voyage. The examination will include elements of the offshore navigation for Master Class IV.

5. An engineering endorsement of a Master Class V certificate of competency may be granted. An engineering endorsement is an acceptable basic qualification for taking charge of the machinery on vessels of less than 15 QN engaged in operations up to offshore limits out to 100 nautical miles and on vessels of less than 20 QN engaged in operations up to inshore limits.

COXSWAIN — Acceptable basic qualification for command of vessels of less than 10 metres in length engaged in operations up to inshore limits; and

(a) The Coxswain certificate of competency is a dual role (i.e. deck and engineer) qualification.

(b) Coxswain certificates of competency restricted for use in Sheltered Water operations only may be granted. Certain of the requirements for the unrestricted certificate of competency may be omitted. The certificate may be restricted for a particular Sheltered Water Area (estuary, harbour or inland water) as appropriate.

COXSWAIN — INSTRUCTOR OF COMMERCIAL SKI BOAT — Acceptable basic qualification for command of a speed boat used commercially for the towing or training of water skiers when the speed boat is licensed for that purpose.

MARINE ENGINEER CLASS III — Acceptable basic qualification for —

(a) Chief engineer on vessels of less than 50 QN engaged in any operating area, or on vessels of less than 3 000 kW propulsion power engaged in operations up to Offshore limits, or on fishing vessels of 50 QN and over but less than 1 500 kW propulsion power engaged in operations up to Australian Coastal and Middle‑Water limits; and

(b) Second engineer on vessels of less than 6 000 kW propulsion power engaged in operations up to Offshore limits; and

(c) Third engineer on any vessel in operating areas up to Offshore limits.

MARINE ENGINE DRIVER GRADE I — Acceptable basic qualification for —

(a) Taking charge of the machinery on vessels of less than 35 QN engaged in operations in any area, or on vessels of less than 50 QN engaged in operations up to Australian Coastal and Middle‑Water limits, or on vessels of less than 1 500 kW propulsion power engaged in operations up to inshore limits; and

(b) Second‑in‑charge of the machinery on vessels of less than 35 QN engaged in operations in any area or on vessels of less than 50 QN engaged in operations up to Australian Coastal and Middle‑Water limits, or (if carried) on vessels of less than 1 500 kW propulsion power engaged in operations up to Offshore limits; and

(c) Watchkeeping engineer (if carried in addition to a second‑in‑charge) on vessels of less than 1 500 kW propulsion power engaged in operations up to Australian Coastal and Middle‑Water limits.

Note: A refrigeration endorsement of a Marine Engine Driver Grade I certificate of competency may be granted. A refrigeration endorsement is an acceptable basic qualification for taking charge of the refrigeration equipment on those vessels in which the holder of the certificate may take charge of the propulsion machinery and on fishing vessels which carry a refrigerated commercial catch.

MARINE ENGINE DRIVER GRADE II — Acceptable basic qualification for —

(a) Taking charge of the machinery on vessels of less than 20 QN engaged in operations up to Australian Coastal and Middle‑Water limits, or on vessels of less than 35 QN engaged in operations up to Offshore limits; and

(b) Second‑in‑charge of the machinery on vessels of less than 35 QN engaged in operations up to Australian Coastal and Middle‑Water limits, or (if carried) on vessels of less than 50 QN engaged in operations up to Offshore limits.

Note: A refrigeration endorsement of a Marine Engine Driver Grade II certificate of competency may be granted. A refrigeration endorsement is an acceptable basic qualification for taking charge of the refrigeration equipment on those vessels in which the holder of the certificate may take charge of the propulsion machinery and on fishing vessels which carry a refrigerated commercial catch.

[Schedule 2 amended: Gazette 11 Aug 1992 p. 3977; 24 Aug 2004 p. 3661; 11 Feb 2011 p. 489‑90.]

Schedule 3 — Fees

[r. 31A]

[Heading inserted: Gazette 30 Jun 2010 p. 3163.]

Table

[Schedule 3 inserted: Gazette 30 Jun 2010 p. 3163-5; amended: Gazette 11 Feb 2011 p. 490; 21 Jun 2011 p. 2228; 15 Jun 2012 p. 2528-9; 28 Jun 2013 p. 2770-1; 30 May 2014 p. 1689; 22 Jun 2018 p. 2192; 31 May 2019 p. 1727; SL 2020/74 r. 11; SL 2021/92 r. 29; SL 2022/67 r. 30; SL 2023/45 r. 47.]

Schedule 4

[r. 18]

Prerequisites for applicants for certificates of competency

The following prerequisites are specified for applicants for examination for certificates of competency —

MASTER CLASS III —

(a) Qualifying service (in trading or fishing vessels as appropriate) required for the basic certificate of competency.

(i) Holder of a Master Class IV certificate of competency

1½ years of approved watchkeeping service since obtaining the Master Class IV certificate.

(ii) Holder of a Second Mate certificate of competency

3 years of approved watchkeeping service since obtaining the Second Mate certificate.

(iii) Holder of another acceptable qualification

a period of service appropriate to the qualification, based on the above requirements.

(b) Qualifying service for annotation of basic certificate of competency for “Trading” or “Fishing” —

12 months of approved sea service in the industry (i.e. trading or fishing) appropriate to the annotation, including 6 months of approved service in vessels of not less than 20 metres in length since obtaining the Master Class III certificate.

Notes: Candidates may take Parts B‑1 and B‑2 of the examination after completing one‑half of the qualifying service. However Part C may be attempted only after all the qualifying service is acquired.

(c) Minimum Age: 21 years.

(d) Compulsory Training and Qualifications —

(i) To be eligible for admission to the examination —

— A certificate of competency as Second Mate, Master Class IV or other qualifications deemed to be equivalent to the foregoing.

(ii) To qualify for issue of the certificate of competency

— In addition to obtaining a satisfactory pass at all parts of the examination candidates must satisfy the following requirements —

successfully complete approved courses in —

(a) For the Master Class III certificate of competency which is restricted by the chief executive officer;

— elements of personnel and shipboard safety, firefighting training and accident prevention —

— radiotelephony;

— radar training including collision avoidance work;

(b) For the Master Class III certificate of competency which is not restricted by the chief executive officer

— radiotelephony;

— prevention and control of fires on board ship;

— proficiency in survival craft;

— simulated radar navigation and anticollision exercises.

Examination Subjects

The examination for a certificate of competency as Master Class III shall be in accordance with the syllabuses set out in Schedule One to Section 2 of the Code and shall consist of —

Notes:

1. Holders of a valid Second Mate certificate of competency may be exempted from examination in subjects No. 1, 4 and 5.

2. In Part B‑1 subjects may be taken separately, that is on a single subject basis. In Part B‑2 the subjects must be attempted and passed as a group.

MASTER CLASS III (limited to sail as chief mate) — Prerequisites are as for Master Class III except that only 50% of approved watchkeeping service is needed.

Examination subjects are as for Master Class III except that the examination in Nautical Knowledge may be varied so as to take into consideration that the holder will not be permitted to take command of a vessel.

MASTER CLASS IV — Prerequisites —

(a) Qualifying service (in trading or fishing vessels as appropriate) required for the basic certificate of competency.

(i) Holder of a Master Class V certificate of competency

1½ years of approved watchkeeping service since obtaining the Master Class V certificate of competency.

(ii) Holder of a Second Mate certificate of competency or a Mate Class IV certificate of competency

1 year of approved watchkeeping service and appropriate experience in vessels of less than 80 metres length.

(iii) Holder of another acceptable qualification —

a period of service appropriate to the qualification based on the above requirements.

(b) Qualifying service for annotation of basic certificate of competency for “Trading” and “Fishing” —

6 months of approved service in the industry (i.e. trading or fishing) appropriate to the annotation, including 3 months (within the last 5 years) of approved service since obtaining the Master Class IV certificate of competency.

Notes: Candidates may take Parts B‑1 and B‑2 of the examination after completing one‑half of the qualifying service. However, Part C may be attempted only after all the qualifying service is acquired.

(c) Minimum Age 20 years.

(d) Compulsory Training and Qualifications:

(i) To be eligible for admission to the examination:

— certificate of competency as Second Mate, Mate Class IV, Master Class V or other qualification deemed to be equivalent to the foregoing.

(ii) To qualify for issue of the certificate of competency —

— In addition to obtaining a satisfactory pass at all parts of the examination, candidates must satisfy the following requirements —

successfully complete approved courses in —

— elements of personnel and shipboard safety, firefighting training and accident prevention;

— radiotelephony.

Examination Subjects

The examination for a certificate of competency as Master Class IV shall be in accordance with the syllabuses set out in Schedule One to Section 2 of the Code and shall consist of —

Notes:

1. Holders of a valid Second Mate certificate of competency may be exempted from examination in subjects No. l, 2, 3, 4 and 5. (N.B. not 3F).

2. Candidates who hold a valid Mate Class IV certificate of competency may be exempted from examination in subjects No. 1, 2, 3 or 3F, as appropriate, 4 and 5.

3. Candidates for Master Class IV certificates of competency restricted for Offshore operations up to 100 nautical miles to seaward, Inshore and/or Sheltered Water operations only shall not be required to take the Offshore Navigation paper.

4. In Part B‑1 subjects may be taken separately, that is on a single subject basis. In Part B‑2 the subjects must be attempted and passed as a group.

MATE CLASS IV — Prerequisites —

(a) Qualifying service (in trading and/or fishing vessels as appropriate) required for the basic certificate of competency —

— 3 years of approved sea service.

(b) Qualifying service for annotation of basic certificate of competency for “Trading” or “Fishing” —

— 6 months of approved service in the industry (i.e. trading or fishing) in vessels of less than 80 metres in length engaged in operations appropriate to the annotation, including 3 months obtained within the preceding 5 years.

Notes: Candidates may take Parts B‑1 and B‑2 of the examination after completing one‑half of the qualifying service. However Part C may be attempted only after all the qualifying service is acquired.

(c) Minimum Age: 19 years.

(d) Compulsory Training and Qualifications —

(i) To be eligible for admission to the examination —

— Nil.

(ii) To qualify for issue of the certificate of competency —

In addition to obtaining a satisfactory pass at all parts of the examination, candidates must satisfy the following requirements —

successfully complete approved courses in —

— elements of personnel and shipboard safety, firefighting training and accident prevention;

— radiotelephony.

Examination Subjects

The examination for a certificate of competency as Mate Class IV shall be the same as that for a certificate of competency as Master Class IV except that the examination in Nautical Knowledge may be varied so as to take into consideration that the holder will not be permitted to take command of a vessel. The examination shall be in accordance with the syllabuses set out in Schedule One to Section 2 of the Code and shall consist of —

Notes: Candidates for Mate Class IV certificates of competency restricted for offshore operations up to 100 nautical miles to seaward, Inshore and/or Sheltered Water operations only shall not be required to take the Offshore Navigation paper.

MASTER CLASS V — Prerequisites —

(a) Qualifying service (in trading and/or fishing vessels as appropriate) required for the basic certificate of competency.

(i) Candidate not holding any certificate of competency —

2½ years of approved sea service, including 1 year of service obtained within the previous 5 years in vessels of less than 35 metres in length engaged in operations (i.e. trading or fishing) appropriate to the certificate of competency required.

(ii) Holder of a Second Mate’s certificate of competency —

3 months of appropriate service obtained within the previous 5 years in vessels of less than 35 metres in length engaged in operations (i.e. trading or fishing) appropriate to the certificate of competency required.

(iii) Holder of another acceptable qualification —

a period of service appropriate to the qualification, based on the above requirements.

(b) Qualifying service for annotation of basic certificate of competency for “Trading” or “Fishing” —

3 months of approved sea service in the industry (i.e. trading or fishing) in vessels of less than 35 metres in length engaged in operations appropriate to the endorsement and obtained within the preceding 5 years.

Notes: Candidates may take Parts B‑1 and B‑2 of the examination after completing one‑half of the qualifying service. However Part C may be attempted only after all the qualifying service is acquired.

(c) Minimum Age: 19 years.

(d) Compulsory Training and Qualifications —

(i) To be eligible for admission to the examination —

— Nil.

(ii) To qualify for issue of the certificate of competency —

— In addition to obtaining a satisfactory pass at all parts of the examination candidates must satisfy the following requirements —

satisfactorily complete approved courses in —

— elements of personnel and shipboard safety, firefighting training and accident prevention;

— radiotelephony.

Examination Subjects

The examination for a certificate of competency as Master Class V shall be in accordance with the syllabuses set out in Schedule One to Section 2 of the Code and shall consist of —

Notes:

1. Holders of a valid Second Mate certificate of competency may be exempted from examination in subjects 1, 2, 3 and 4. (N.B. Not 2F and 4F).

2. Holders of a valid Mate Class IV (Trading) certificate of competency may be exempt from examination in subjects 1, 2 and 3 and holders of a valid Mate Class IV (Fishing) certificate of competency may be exempted from examination in subjects 1, 2F and 3.

ENGINEERING ENDORSEMENT OF MASTER’S OR MATE’S CERTIFICATE — Prerequisites —

(a) During qualifying service for Master’s Certificate or Mate’s Certificate must have assisted to service and operate the machinery of a vessel for a period of not less than 6 months; or

(b) Must be a journeyman fitter or a mechanic or have 9 months’ approved service as an apprentice or as an assistant to a journeyman fitter or mechanic engaged in work on engines and have 3 months’ qualifying service assisting to service and operate the machinery on vessels of 5 QN or more; or

(c) Completion of an acceptable training course and 4 months’ approved qualifying service assisting to service and operate the machinery on vessels of 5 QN or more.

Examinations —

An applicant shall be required to pass a 1 hour written paper and oral examination in engineering knowledge demonstrating a practical knowledge of the operation of the mechanical equipment in the engine room of a small vessel, with particular reference to:

(a) marine motor engines and their fittings, shafting and propellers, preparing for use; and

(b) precautions necessary for the prevention of fire or explosion associated with the use of petrol, LP gas and distillate and with the charging of batteries; and

(c) the action that should be taken in the event of fire or explosion, including the use of fire fighting appliances; and

(d) cooling water and fuel systems, bilge pumping arrangements including precautions against back‑flooding; and

(e) care of low‑voltage electrical systems, including batteries and accumulators; and

(f) fuel consumption: estimation and calculation.

COXSWAIN — Prerequisites —

(a) Qualifying service

(i) Candidate not holding any certificate of competency —

1 year of approved service in small vessels.

(ii) Holder of other acceptable qualifications —

a period of service appropriate to the qualification based on the above requirements.

(b) Minimum Age: 18 years.

(c) Compulsory Training and Qualifications —

(i) To be eligible for admission to the examination —

— Nil.

(ii) To qualify for issue of the certificate of competency —

— In addition to obtaining a satisfactory pass in the oral and/or practical examination, candidates must satisfy the following requirements —

Examination Subjects

The examination for a certificate of competency as Coxswain shall be in accordance with the syllabuses set out in Schedule One to Section 2 of the Code and shall consist of —

Note: Holders of a valid Second Mate and Mate Class IV certificate of competency may be exempted from examination in all the above subjects, except Engineering and Local Knowledge.

COXSWAIN — INSTRUCTOR OF COMMERCIAL SKI BOAT — Candidates —

(a) shall be not less than 19 years of age; and

(b) shall have had at least 1 year’s experience in a speedboat; and

(c) shall hold the Commercial Ski Operators rating as Ski Instructor issued by the Western Australian Water Ski Association; and

*[(d) deleted]*

(e) shall be required to pass an examination in —

(i) the rules of the road; and

(ii) practical boat handling; and

(iii) ski‑ing regulations as applicable to private pleasure craft.

MARINE ENGINEER CLASS III — Prerequisites —

(a) Qualifying service —

(i) 12 months of qualifying sea service on vessels of 20 QN or over;

and

3 years as an apprentice or journeyman mechanical fitter, or motor mechanic, engaged in work on marine craft or marine machinery or other work suitable for the training of a marine engineer; or 3 years as a trainee in such other form of training as may be approved;

OR

(ii) 18 months of qualifying sea service while holding an Engine‑Driver Grade I certificate and while serving in a capacity normally requiring possession of an Engine‑Driver Grade I certificate;

OR

(iii) hold a valid Engineer Watchkeeper certificate.

Note: Qualifying sea service shall be counted as follows —

if the service is on vessels engaged in Inshore operations, the service shall count at two-thirds rate; or

if the service is on vessels engaged in Harbour operations, the service shall count at half rate; and

not less than 6 months’ qualifying service has been performed on vessels propelled by machinery of the type for which the certificate is valid.

(b) Compulsory Training and Qualifications. Before issue of the certificate an applicant shall have —

passed the requisite examinations — holders of a valid engineer watchkeeper certificate are only required to pass the Engineering Knowledge written and oral examinations.

successfully completed approved courses in elements of personnel safety and shipboard safety, firefighting training and accident prevention.

Attained the age of 20 years.

Note: Before the certificate may be used on vessels of 3 000 kW propulsion power, or over, it shall be endorsed for completion of an approved course in prevention and control of fires in ships.

Examination Subjects

The examination for Marine Engineer Class III set out in Schedule Two to Section 2 of the Code except that Engineering Knowledge shall be divided into 2 subjects so that the examination shall consist of:

Practical Mathematics (1 3‑hour paper).

Engineering Knowledge — Mechanical (1 2‑hour paper and an oral examination).

Engineering Knowledge — Electrical (1 1‑hour paper and an oral examination).

MARINE ENGINE DRIVER GRADE I — Prerequisites —

(a) Qualifying service —

(i) 6 months’ qualifying sea service on vessels of 15 QN or over; and

2 years as an apprentice or journeyman mechanical fitter, or motor mechanic, or as an assistant to a journeyman mechanical fitter, or motor mechanic, engaged in work on engines or motors; or

2 years as a trainee in such other form of training as may be approved;

or

(ii) 3 years’ qualifying service afloat on vessels of 15 QN or over; or

(iii) 1 year’s qualifying service afloat on vessels of 15 QN or over while holding a Marine Engine Driver Grade II certificate of competency.

Note: Qualifying sea service shall be counted as follows —

not less than 6 months’ qualifying service has been performed on vessels propelled by machinery of the type applicable to the certificate.

(b) Compulsory Training and Qualifications.

Before issue of the certificate of competency an applicant shall have —

passed the requisite examination;

completed an approved shipboard safety course;

attained the age of 19 years;

(c) Refrigeration Endorsement.

Before endorsement of the certificate an applicant shall have —

passed the requisite examination; and

hold, or be eligible for the granting of a certificate as Marine Engine‑Driver Grade I.

Note: Applicants who hold a refrigeration endorsement of a certificate as Marine Engine‑Driver Grade II may be exempted from the examination.

Examination Subjects —

(a) The examination for Marine Engine‑Driver Grade I set out in Schedule Two to Section 2 of the Code except that Engineering Knowledge shall be divided into 2 subjects so that the examination shall consist of:

Practical Mathematics (1 3‑hour paper).

Engineering Knowledge — Mechanical (1 2‑hour paper and an oral examination).

Engineering Knowledge — Electrical (1 1‑hour paper and an oral examination).

(b) The examination for the motor or steam endorsement to the limited certificate of competency shall be in accordance with the syllabus set out in Schedule Two to Section 2 of the Code and shall consist of —

Engineering Knowledge (1 2‑hour paper).

Engineering Knowledge (Oral).

(c) The examination for the full certificate of competency as Marine Engine‑Driver Grade I shall consist of all the examinations listed in subparagraphs (a) and (b) above.

(d) The examination for refrigeration endorsement of a certificate as Marine Engine‑Driver Grade I shall be in accordance with the syllabus set out in Schedule Two to Section 2 of the Code.

MARINE ENGINE‑DRIVER GRADE II — Prerequisites —

(a) Qualifying service —

(i) 9 months as apprentice, or journeyman mechanical fitter, or motor mechanic, or as assistant to a journeyman mechanical fitter, or motor mechanic, engaged in work on engines or motors, and 3 months’ qualifying service afloat in vessels of 10 QN or over; or

(ii) 9 months’ qualifying service afloat while holding a Master’s or Mate’s certificate of competency; or

(iii) completion of an approved training course and 3 months’ qualifying service afloat on vessels of 10 QN or over; or

(iv) 12 months’ qualifying service afloat on vessels of 10 QN or over.

(b) Compulsory Training and Qualifications

Before issue of the certificate of competency an applicant shall have —

passed the requisite examination;

completed an approved shipboard safety course;

attained the age of 18 years; and

(c) Refrigeration Endorsement

Before endorsement of the certificate an applicant shall have —

passed the requisite examination; and

hold, or be eligible for the granting of, a certificate as Marine Engine‑Driver Grade II.

Examination Subjects —

(a) The examination for a certificate of competency as Marine Engine‑Driver Grade II shall be in accordance with the syllabuses set out in Schedule Two to Section 2 of the Code and shall consist of —

Engineering Knowledge (1 3‑hour paper)

Engineering Knowledge (Oral)

(b) The examination for refrigeration endorsement of a certificate as Marine Engine‑Driver Grade II shall be in accordance with the syllabuses set out in Schedule Two to Section 2 of the Code.

[Schedule 4 amended: Gazette 2 Aug 1985 p. 2697; 11 Aug 1992 p. 3977; 24 Aug 2004 p. 3661; 8 Dec 2006 p. 5390; 11 Dec 2009 p. 5091; 11 Feb 2011 p. 490‑3; 14 Feb 2012 p. 672‑3.]

• Schedule 5[r. 28]Safety manningPART ITOTAL SAFETY MANNING FOR SHELTERED WATERS (SEE NOTE 7) AND INSHORE OPERATIONAL AREAS Engine room manning Other personnel As determined by Manning Committee
• Certificated personnel (see Note 1) Qualification (see Note 3) Marine Engine Driver Grade I Marine Engine Driver Grade II Master’s certificate with Engineer Endorsement (see Note 9)
• Duty Engineer Engineer Engineer
• Qualifying numeral (see Note 2) Over 80 35 and over but less than 80 20 and over but less than 35 10 and over but less than 20
• Deck manning Other personnel (see Note 4) 1 GP 1 GP 1 GP
• Certificated personnel (see Note 1) Qualification As determined by Manning Committee Master Class IV Master Class V Master Class IV Master Class IV Master Class V Master Class V Coxswain
• Duty Master Mate Master Master Master Master Master
• Total Safety manning 4 3 2 2 1 1
• Measured length Over 80 metres 35 metres and over but less than 80 metres 25 metres and over but less than 35 metres 20 metres and over but less than 25 metres 15 metres and over but less than 20 metres 10 metres and over but less than 15 metres Less than 10 metres
• PART IISECTION ITOTAL SAFETY MANNING FOR OFFSHORE OPERATIONAL AREAS OUT TO 100 MILES Engine room manning Other personnel As determined by Manning Committee
• Certificated personnel (see Note 1) Qualification (see Note 3) Engineer Class III Marine Engine Driver Grade I Marine Engine Driver Grade I Marine Engine Driver Grade II Marine Engine Driver Grade II Marine Engine Driver Grade II (see Note 5) Marine Engine Driver Grade II (see Note 5) Master’s certificate with Engineer Endorsement (see Note 9)
• Duty Chief Engineer 2nd Engineer Chief Engineer 2nd Engineer Engineer Engineer Engineer Engineer
• Qualifying numeral (see Note 2) Over 80 50 and over but less than 80 35 and over but less than 50 25 and over but less than 35 20 and over but less than 25 15 and over but less than 20 Less than 15
• Deck manning Other personnel (see Note 4) 1 GP 2 GP 1 GP 1 GP 1 GP 1 GP (where out in excess of 12 hrs)
• Certificated personnel (see Note 1) Qualification As determined by Manning Committee Master Class III Mate Class IV Mate Class IV

Mate Class IV Master Class IV Master Class IV Master Class V Master Class V Master Class V

• Duty if carried Master Master Master Master Master

• sidebrace

• Master Mate 2nd Mate 3rd Mate

• Total Safety manning 5 4 3 3 (see Note 6) 2 1/2

• Measured length Over 80 metres 35 metres and over but less than 80 metres 25 metres and over but less than 35 metres 20 metres and over but less than 25 metres 15 metres and over but less than 20 metres 10 metres and over but less than 15 metres Less than 10 metres

• PART IISECTION IITOTAL SAFETY MANNING FOR OFFSHORE OPERATIONAL AREAS OUT TO 200 MILES Engine room manning Other personnel As determined by Manning Committee

• Certificated personnel (see Note 1) Qualification (see Note 3) Engineer Class III Marine Engine Driver Grade I Marine Engine Driver Grade I Marine Engine Driver Grade II Marine Engine Driver Grade II Marine Engine Driver Grade II (see Note 5) Marine Engine Driver Grade II (see Note 5)

• Duty Chief Engineer 2nd Engineer Chief Engineer

2nd Engineer Engineer Engineer Engineer

• Qualifying numeral (see Note 2) Over 80 50 and over but less than 80 35 and over but less than 50 25 and over but less than 35 20 and over but less than 25 Less than 20
• Deck manning Other personnel (see Note 4) 1 GP 2 GP 1 GP 1 GP
• Certificated personnel (see Note 1) Qualification As determined by Manning Committee Master Class III Mate Class IV Mate Class IV

Mate Class IV Master Class IV Master Class V Master Class IV Master Class V Master Class V endorsed to go beyond 100 miles to seaward

• Duty if carried Master Mate Master Mate Master

• sidebrace

• Master Mate 2nd Mate 3rd Mate

• Total Safety manning 5 5 4 3

• Measured length Over 80 metres 35 metres and over but less than 80 metres 25 metres and over but less than 35 metres 20 metres and over but less than 25 metres Less than 20 metres

• PART IIITOTAL SAFETY MANNING FOR AUSTRALIAN COASTAL AND MIDDLE WATER OPERATIONAL AREAS Engine room manning Other personnel As determined by Manning Committee 1 Engine room Assistant

• Certificated personnel (see Note 1) Qualification (see Note 3) Engineer Class II Engineer Class III or Engineer Watchkeeper (see Note 8) Marine Engine Driver Grade I Marine Engine Driver Grade I Marine Engine Driver Grade I Marine Engine Driver Grade II Marine Engine Driver Grade I Marine Engine Driver Grade II

• Duty Chief Engineer 2nd Engineer Chief Engineer

2nd Engineer Chief Engineer

2nd Engineer Engineer Engineer

• Qualifying numeral (see Note 2) Over 80 50 and over but less than 80 35 and over but less than 50 25 and over but less than 35 20 and over but less than 25 Less than 20
• Deck manning Other personnel (see Note 4) 2 GP 2 GP 1 GP 1 GP
• Certificated personnel (see Note 1) Qualification As determined by Manning Committee Master Class III Master Class III Mate Class IV

Mate Class IV Master Class III Master Class III Mate Class IV

Mate Class IV Master Class IV Master Class V Master Class IV Master Class V Master Class IV Master Class V

• Duty if carried if carried Master Mate Master Mate Master Mate

• sidebrace sidebrace

• Master Mate 2nd Mate 3rd Mate Master Mate 2nd Mate 3rd Mate

• Total Safety manning 7 6 5 4 3

• Measured length Over 80 metres 50 metres and over but less than 80 metres 35 metres and over but less than 50 metres 25 metres and over but less than 35 metres 20 metres and over but less than 25 metres Less than 20 metres

• PART IVTOTAL SAFETY MANNING FOR UNLIMITED OPERATIONAL AREAS Engine room manning Other personnel As determined by Manning Committee 1 Engine room Assistant

• Certificated personnel (see Note 1) Qualification (see Note 3) Engineer Class II Engineer Watchkeeper Engineer Watchkeeper (Not required where engine room unmanned) Engineer Class III Engineer Class III Marine Engine Driver Grade I Marine Engine Driver Grade II Marine Engine Driver Grade I

• Duty Chief Engineer 2nd Engineer 3rd Engineer Chief Engineer 2nd Engineer Chief Engineer

2nd Engineer Engineer

• Qualifying numeral (see Note 2) Over 80 50 and over but less than 80 35 and over but less than 50 20 and over but less than 35 Less than 20
• Deck manning Other personnel (see Note 4) 3 GP 3 GP 1 GP
• Certificated personnel (see Note 1) Qualification As determined by Manning Committee Master Class II Master Class II Master Class III

Master Class III Master Class II Master Class II Master Class III

Master Class III Master Class II Master Class IV Master Class II Master Class IV Master Class II Master Class IV

• Duty if carried if carried Master Mate Master Mate Master Mate
• sidebrace sidebrace
• Master Mate 2nd Mate 3rd Mate Master Mate 2nd Mate 3rd Mate
• Total Safety manning 10 (manned engine room) or 9 (unmanned engine room) 8 5 4 3
• Measured length Over 80 metres 50 metres and over but less than 80 metres 35 metres and over but less than 50 metres 25 metres and over but less than 35 metres 20 metres and over but less than 25 metres Less than 20 metres

NOTE 1(a) Holding a valid certificate of competency of at least the level prescribed in the Schedule. The certificate to be in accordance with the Examinations and Certificates of Competency Section.

1(b) Where for the Chief Mate position a command qualification of Master Class I, II or III is required the Authority may permit the use of a Master Class I, II, or III (limited to sail as Chief Mate) certificate.

1(c) Where a Second Mate Class I or II or a Mate Class IV certificate is deemed to be a superior watchkeeper certificate to a command qualification, the superior watchkeeper certificate may not be used for the command qualification required in the Chief Mate position.

NOTE 2 means —

(a) measured length; or

(b) propulsion power (as defined in the Examinations and Certificates of Competency Section) divided by 15;

whichever is the greater.

NOTE 3 — In the case of a vessel fitted with refrigeration equipment associated with the carriage of refrigerated commercial cargo, or the refrigerated commercial catch on a fishing vessel the holder of a required Marine Engine Driver certificate shall have a certificate with a Refrigeration Endorsement.

NOTE 4 — G.P. means — Persons available for any duties associated with the operation and maintenance of the vessel.

NOTE 5 — Provided that if the Master holds a valid Marine Engine Driver Grade II certificate the chief executive officer may permit an additional G.P. to be carried in place of an engineer.

NOTE 6 — For fishing vessels the Total Safety manning shall be 2 persons consisting of a Master Class V and a G.P. However, where neither of those persons holds the Marine Engine Driver Grade II qualification an Engineer holding that qualification shall be carried in addition. In the case of fishing vessels that remain at sea for extended periods the Authority may increase the Total Safety manning to 3.

NOTE 7 — The requirements may be amended by the Authority to meet local conditions in which case the certificate titles (Master Class IV, Master Class V and Coxswain) shall be qualified accordingly (e.g. by the addition of Harbours or Inland Waters); and the exemption from the requirements of the standard certificates may be listed at the back of the certificate.

NOTE 8 — For vessels of 50 QN and over but less than 1 500 kW propulsion power in Australian Coastal and Middle Water Operations the Chief Engineer and Second Engineer on Fishing Vessels is to be an Engineer Class III.

NOTE 9 — In the case of a vessel fitted with refrigerated equipment associated with the carriage of refrigerated commercial cargo or the refrigerated commercial catch on a commercial vessel, the person in charge of the machinery shall hold a Marine Engine‑Driver Grade II certificate with refrigeration endorsement and be a person other than the Master.

[Schedule 5 amended: Gazette 29 Jun 1984 p. 1760; 11 Aug 1992 p. 3977.]

[Schedule 6 omitted under the Reprints Act 1984 s. 7(4)(e).]

dline

Notes

This is a compilation of the W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Other notes

1 Repealed by the Pearling Act 1990.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Annex C 3

applicant 3

at sea 3

Australian marine authority 3

certificate of competency 3

chief engineer 3

chief mate 3

Code 3

endorsement 3

length 3

marine authority 3

measured length 3

NSCV Part D 3

propulsion power 3

qualifying numeral 3

qualifying service 3

restriction 3

revalidate 3

sea service 3

seagoing vessel 3

seaward 3

second engineer 3

watchkeeping service 3

© State of Western Australia 2023.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2023.

By Authority: GEOFF O. LAWN, Government Printer