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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marine Engineers Qualifications Bill
2013
No. , 2013
(Mr Wilkie)
A Bill for an Act relating to maritime safety to
ensure the maintenance of standards of training
and certification of marine engineers
i Marine Engineers Qualifications Bill 2013 No. , 2013
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Act binds the Crown .......................................................................... 2
4
Object of Act ...................................................................................... 2
5
Constitutional reach of Act ................................................................ 3
6
Definitions ......................................................................................... 3
Part 2--Standards
6
7
Standard: arrangement of legislative instruments dealing
with marine engineering certification matters ................................... 6
8
Standards for Marine Regulations ..................................................... 6
9
Standard: approvals............................................................................ 6
10
Standard: oral examinations ............................................................... 7
11
Standard: Engineer Class 1, 2 and 3 .................................................. 7
12
Standard: Engineer Watchkeeper ....................................................... 8
13
Standard: Marine Engineer Class 3 without a trade ........................... 9
14
Standard: alternative trades and post-trade acquisition of
maintenance experience ................................................................... 10
15
Standard: recognition of foreign certificate ..................................... 10
16
Standard: colleges and registered training authorities ..................... 10
17
Standard: duties permitted for grades of certificates ........................ 11
18
Standard: revalidation of certificates ............................................... 14
19
Standard: Principal Examiner and Examiners ................................. 14
20
Standard: meaning of propulsion power .......................................... 15
21
Standard: meaning of qualifying sea service ................................... 15
Marine Engineers Qualifications Bill 2013 No. , 2013 1
A Bill for an Act relating to maritime safety to
1
ensure the maintenance of standards of training
2
and certification of marine engineers
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Marine Engineers Qualifications Act
8
2013.
9
Part 1 Preliminary
Section 2
2 Marine Engineers Qualifications Bill 2013 No. , 2013
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Sections 3 to
21
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Act binds the Crown
13
This Act binds the Crown in each of its capacities.
14
4 Object of Act
15
The object of this Act is to set minimum standards in relation to the
16
certification of marine engineering and electro-technical
17
competency in order to prevent any reduction in those standards.
18
Preliminary Part 1
Section 5
Marine Engineers Qualifications Bill 2013 No. , 2013 3
5 Constitutional reach of Act
1
This Act applies in relation to a Marine Regulation to the extent
2
that the Marine Regulation affects persons performing duties on:
3
(a) a vessel regulated by the Navigation Act 2012;
4
(b) a vessel engaged in trade and commerce:
5
(i) among the States; or
6
(ii) between a State and a Territory; or
7
(iii) between 2 Territories;
8
(c) a vessel that is external to Australia;
9
(d) a vessel of which the owner, or any of the owners, is a
10
constitutional corporation;
11
(e) a vessel, so far as the application of this Act to activities of,
12
or in relation to, the vessel is reasonably appropriate and
13
adapted to giving effect to Australia's obligations under an
14
international agreement;
15
(f) a vessel of which the owner, or any of the owners, is the
16
Commonwealth or a Commonwealth authority;
17
(g) a vessel that is within a participating Territory (within the
18
meaning of the Marine Safety (Domestic Commercial Vessel)
19
National Law Act 2012.
20
6 Definitions
21
In this Act:
22
AMSA means the Australian Maritime Safety Authority
23
established by the Australian Maritime Safety Authority Act 1990.
24
approved means approved in accordance with a Marine Regulation
25
and, if the standard in section 9 applies to the decision to approve,
26
in a manner consistent with that standard.
27
Examiner means a suitably qualified marine engineer employed by
28
AMSA and appointed by the Principal Examiner to conduct
29
examinations.
30
First Engineer means the engineer officer next in rank to the Chief
31
Engineer and is the same position as that referred to in the STCW
32
Convention as Second Engineer.
33
Part 1 Preliminary
Section 6
4 Marine Engineers Qualifications Bill 2013 No. , 2013
kW means kilowatts.
1
marine engineering certification matters means matters relating to
2
either or both of the following:
3
(a) certification of marine engineering competency;
4
(b) certification of electro-technical competency.
5
Marine Regulation means a legislative instrument made under:
6
(a) the Navigation Act 2012, to the extent that the legislative
7
instrument deals with marine engineering certification
8
matters; or
9
(b) the Marine Safety (Domestic Commercial Vessel) National
10
Law set out in Schedule 1 to the Marine Safety (Domestic
11
Commercial Vessel) National Law Act 2012, to the extent
12
that the legislative instrument deals with marine engineering
13
certification matters in relation to performance of engineering
14
functions on commercial vessels:
15
(i) of at least 500 gross registered tonnes; or
16
(ii) of at least 3,000 kW propulsion power.
17
near-coastal waters means the waters landward of the outer
18
boundary of the Australian Exclusive Economic Zone (EEZ).
19
Principal Examiner means the Principal Examiner of Engineers in
20
AMSA.
21
propulsion power, of a vessel, means the total maximum
22
continuous rated output power, in kilowatts, of all of the propulsion
23
machinery appearing on the vessel's certificate of registry or other
24
official document. For this purpose, the practice of using
25
mechanical or electronic means to limit or use only part of the
26
speed or power (or both) of an engine (known as "de-rating") does
27
not reduce the defined propulsion power of a vessel.
28
qualifying sea service means sea service performed as an engineer,
29
trainee engineer, engineer cadet, or in an equivalent engineering
30
capacity, regularly engaged in engine-room watchkeeping (which
31
includes service "on call" via UMS alarms in periodically
32
unattended machinery spaces).
33
standard: see subsection 8(3).
34
Preliminary Part 1
Section 6
Marine Engineers Qualifications Bill 2013 No. , 2013 5
STCW Code means the Seafarers' Training, Certification and
1
Watchkeeping (STCW) Code as adopted by a resolution of the
2
2010 Conference of Parties to the STCW Convention.
3
STCW Convention means the International Convention on
4
Standards of Training, Certification and Watchkeeping for
5
Seafarers, 1978, done at London by the International Maritime
6
Organization on 7 July 1978, as amended, including the Final Act
7
of the 2010 Conference of Parties to the International Convention
8
on Standards of Training and Watchkeeping for Seafarers 1978.
9
Note:
The text of the Convention is set out in Australian Treaty Series 1984
10
No. 7 ([1984] ATS 7). In 2013, the text of a Convention in the
11
Australian Treaty Series was accessible through the Australian
12
Treaties Library on the AustLII website (
13
14
Part 2 Standards
Section 7
6 Marine Engineers Qualifications Bill 2013 No. , 2013
Part 2--Standards
1
2
7 Standard: arrangement of legislative instruments dealing with
3
marine engineering certification matters
4
(1) A legislative instrument:
5
(a) that is made under the Navigation Act 2012 or the Marine
6
Safety (Domestic Commercial Vessel) National Law set out
7
in Schedule 1 to the Marine Safety (Domestic Commercial
8
Vessel) National Law Act 2012; and
9
(b) that deals with marine engineering certification matters;
10
must not contain provisions dealing with matters other than marine
11
engineering certification matters and matters incidental to those
12
matters.
13
(2) A legislative instrument that is inconsistent with subsection (1) is
14
invalid.
15
8 Standards for Marine Regulations
16
(1) A Marine Regulation must not be inconsistent with a standard in
17
this Part. To the extent that any Marine Regulation is inconsistent
18
with a standard in this Part:
19
(a) the Marine Regulation is invalid; and
20
(b) (except for the standard in section 7) the standard in this Part
21
applies instead.
22
(2) A Marine Regulation is not inconsistent with a standard in this Part
23
only because the Marine Regulation imposes conditions or
24
requirements, or contains other matters, in addition to conditions,
25
requirements or matters in a standard.
26
(3) Each section in this Part, other than this section, is a standard.
27
9 Standard: approvals
28
(1) A decision of a kind listed in subsection (2) must only be made:
29
(a) in the first instance--by an Examiner or the Principal
30
Examiner; or
31
Standards Part 2
Section 10
Marine Engineers Qualifications Bill 2013 No. , 2013 7
(b) on review--by the Principal Examiner.
1
(2) For the purposes of subsection (1), these are the kinds of decisions:
2
(a) a decision to approve any of the following in connection with
3
a certificate of marine engineering competency or
4
electro-technical competency:
5
(i) an educational requirement;
6
(ii) an engineering trade requirement;
7
(iii) maintenance experience;
8
(iv) training;
9
(v) sea service;
10
(b) a decision to treat something else as equivalent to something
11
approved for the purposes of paragraph (a);
12
(c) a decision to issue a certificate of marine engineering or
13
electro-technical competency;
14
(d) a decision to revoke a certificate of marine engineering or
15
electro-technical competency;
16
(e) a decision to vary or suspend, or impose conditions on, or
17
deal with in any other way, a certificate of marine
18
engineering or electro-technical competency.
19
10 Standard: oral examinations
20
(1) An oral examination of a person required by a Marine Regulation
21
must:
22
(a) be a thorough examination and cross-examination of the
23
person's knowledge of the matters that are the subject of the
24
examination; and
25
(b) be conducted by an Examiner or the Principal Examiner.
26
(2) The Examiner or Principal Examiner must give the person a report
27
of the examination which includes any matters on which the
28
person's knowledge does not pass the examination.
29
11 Standard: Engineer Class 1, 2 and 3
30
A certificate of competency as an Engineer Class 1, Engineer Class
31
2 or Engineer Class 3 must not be issued to a person unless the
32
person has passed an oral examination that relates to knowledge of
33
Part 2 Standards
Section 12
8 Marine Engineers Qualifications Bill 2013 No. , 2013
operational marine engineering matters, and of Australian maritime
1
legislation, appropriate for a certificate of competency as an
2
Engineer of that class.
3
12 Standard: Engineer Watchkeeper
4
(1) To be eligible for a certificate of competency as Engineer
5
Watchkeeper, a person must satisfy:
6
(a) subsection (2) or subsection (3) or both; and
7
(b) subsection (4).
8
(2) The person satisfies this subsection if:
9
(a) the person holds an approved trade certification or approved
10
trade-equivalent certification; and
11
(b) the person has completed approved education and training:
12
(i) that is relevant to the duties of a marine engineer; and
13
(ii) that meets or exceeds the standards specified in the
14
STCW Code.
15
(3) The person satisfies this subsection if:
16
(a) the person has Year 12 passes in English, at least one
17
mathematics subject and at least one science subject; and
18
(b) the person has completed an Engineer Cadetship, of at least
19
36 months' duration, that included approved education and
20
training:
21
(i) that is relevant to the duties of a marine engineer; and
22
(ii) that included at least 36 weeks' approved practical
23
training ashore; and
24
(iii) that meets or exceeds the standards specified in the
25
STCW Code.
26
(4) The person satisfies this subsection if:
27
(a) the person has completed at least 36 weeks' qualifying sea
28
service on vessels of at least 750 kW propulsion power; and
29
(b) unless subsection (5) applies--at least 16 weeks of that
30
qualifying sea service was on vessels using the kind of
31
propulsion to which the certificate of competency as
32
Engineer Watchkeeper will relate; and
33
Standards Part 2
Section 13
Marine Engineers Qualifications Bill 2013 No. , 2013 9
(c) the qualifying sea service included on-board training that was
1
documented in an approved training record book; and
2
(d) the person has completed any engineer training program
3
short courses required by the Marine Regulation; and
4
(e) the person has passed an oral examination that relates to
5
knowledge of operational marine engineering matters, and of
6
Australian maritime legislation, appropriate for a certificate
7
of competency as Engineer Watchkeeper.
8
(5) The person does not have to satisfy paragraph (4)(b) if the person
9
is the holder of a certificate of competency as Engineer Class 1,
10
Engineer Class 2, Engineer Watchkeeper in relation to the other
11
kind of propulsion or Engineer Class 3.
12
13 Standard: Marine Engineer Class 3 without a trade
13
(1) An Examiner or the Principal Examiner may approve, as a
14
trade-equivalent certification for the purposes of paragraph
15
12(2)(a) (Engineer Watchkeeper), maintenance experience gained
16
by a person if:
17
(a) the person gained the maintenance experience while
18
performing sea service:
19
(i) as an engineer on a vessel of at least 750 kW propulsion
20
power; and
21
(ii) while holding a certificate of competency as a Marine
22
Engineer Class 3; and
23
(b) the duration of the sea service was at least:
24
(i) 24 months, for a person who completed workshop
25
competencies at the level of Engineer Watchkeeper
26
Cadet before starting the sea service; or
27
(ii) 30 months, for a person who completed workshop
28
competencies at the level of Engineer Class 3 before
29
starting the sea service.
30
(2) In deciding whether to give an approval referred to in this section,
31
an Examiner or the Principal Examiner must have regard to:
32
(a) if AMSA establishes a system for recording maintenance
33
experience and relevant sea service--the records of that
34
system; and
35
Part 2 Standards
Section 14
10 Marine Engineers Qualifications Bill 2013 No. , 2013
(b) for maintenance experience and qualifying sea service
1
occurring before the start of any such system--affidavits in
2
relation to the person's maintenance experience and relevant
3
sea service.
4
14 Standard: alternative trades and post-trade acquisition of
5
maintenance experience
6
If an applicant for a certificate of competency as Engineer
7
Watchkeeper:
8
(a) does not hold an approved trade certification or approved
9
trade-equivalent certification; but
10
(b) holds another kind of trade certification or has post-trade
11
maintenance experience;
12
an Examiner must assess, by considering the applicant's particular
13
circumstances, whether to approve the other kind of trade, or the
14
post-trade maintenance experience, as a trade-equivalent
15
certification for the purposes of paragraph 12(2)(a) (Engineer
16
Watchkeeper).
17
15 Standard: recognition of foreign certificate
18
A person who holds a certificate of marine engineering or
19
electro-technical competency issued outside Australia must not be
20
issued a certificate of recognition for that certificate unless the
21
person has passed an oral examination that relates to knowledge of
22
operational marine engineering or electro-technical matters, and of
23
Australian maritime legislation, appropriate for the certificate that
24
is to be recognised.
25
16 Standard: colleges and registered training authorities
26
(1) The Principal Examiner must, at least once each year, audit each
27
college and registered training authority approved to provide
28
marine engineering training and decide whether to continue the
29
approval.
30
(2) The Principal Examiner cannot delegate this function.
31
Standards Part 2
Section 17
Marine Engineers Qualifications Bill 2013 No. , 2013 11
17 Standard: duties permitted for grades of certificates
1
(1) A certificate of competency or certificate of recognition of a grade
2
specified for an item in column 1 of the table permits the holder to
3
carry out the duties listed for that item in column 2, subject to
4
subsections (4) and (5).
5
6
Table: Duties permitted for grades of certificates
Item
Column 1
Grade of certificate
Column 2
Duties permitted
1
Engineer Class 1
Chief Engineer, First Engineer or Watchkeeping
Engineer on vessels of any propulsion power in any
operating area
Any duties permitted for the holder of a
qualification as:
(a) Engineer Class 2;
(b) Engineer Watchkeeper;
(c) AMSA Engineer Class 3 near-coastal;
(d) Engineer Class 3;
(e) Marine Engine Driver Grade 1;
(f) Marine Engine Driver Grade 2;
(g) Marine Engine Driver Grade 3;
(h) Engine rating (however described)
Part 2 Standards
Section 17
12 Marine Engineers Qualifications Bill 2013 No. , 2013
Table: Duties permitted for grades of certificates
Item
Column 1
Grade of certificate
Column 2
Duties permitted
2
Engineer Class 2
First Engineer or Watchkeeping Engineer on
vessels of any propulsion power in any operating
area
Chief Engineer on vessels of less than 3,000 kW
propulsion power in any operating area
Any duties permitted for the holder of a
qualification as:
(a) Engineer Watchkeeper;
(b) AMSA Engineer Class 3 near-coastal;
(c) Engineer Class 3;
(d) Marine Engine Driver Grade 1;
(e) Marine Engine Driver Grade 2;
(f) Marine Engine Driver Grade 3;
(g) Engine rating (however described)
3
Engineer
Watchkeeper
Watchkeeping Engineer on seagoing vessels of any
propulsion power in any operating area
Any duties permitted for the holder of a
qualification as:
(a) Marine Engine Driver Grade 1;
(b) Marine Engine Driver Grade 2;
(c) Marine Engine Driver Grade 3;
(d) Engine rating (however described)
If endorsed (see subsection (2))--First Engineer on
vessels of less than 3,000 kW propulsion power in
any operating area
Standards Part 2
Section 17
Marine Engineers Qualifications Bill 2013 No. , 2013 13
Table: Duties permitted for grades of certificates
Item
Column 1
Grade of certificate
Column 2
Duties permitted
4
AMSA Engineer
Class 3 near-coastal
First Engineer or Watchkeeping Engineer on
vessels of less than 3,000 kW propulsion power in
near-coastal waters
Any duties permitted for the holder of a
qualification as:
(a) Marine Engine Driver Grade 1;
(b) Marine Engine Driver Grade 2;
(c) Marine Engine Driver Grade 3;
(d) Engine rating (however described)
If endorsed (see subsection (3))--Chief Engineer
on trading vessels of less than 3,000 kW propulsion
power in near-coastal waters
5
Marine Engine Driver
Grade 1
Engineering duties permitted by a Marine
Regulation and not inconsistent with a standard in
this Act
Any duties permitted for the holder of a
qualification as:
(a) Marine Engine Driver Grade 2;
(b) Marine Engine Driver Grade 3;
(c) Engine rating (however described)
6
Marine Engine Driver
Grade 2
Engineering duties permitted by a Marine
Regulation and not inconsistent with a standard in
this Act
Any duties permitted for the holder of a
qualification as:
(a) Marine Engine Driver Grade 3;
(b) Engine rating (however described)
7
Marine Engine Driver
Grade 3 or Master
Class 5 or Coxswain
Engineering duties permitted by a Marine
Regulation and not inconsistent with a standard in
this Act
Any duties permitted for the holder of a
qualification as Engine rating (however described)
1
Part 2 Standards
Section 18
14 Marine Engineers Qualifications Bill 2013 No. , 2013
(2) For the purposes of table item 3, the holder of a certificate of
1
competency as Engineer Watchkeeper may be endorsed to perform
2
duties as First Engineer on vessels of less than 3,000 kW
3
propulsion power if the holder has completed at least 12 months'
4
sea service on vessels of at least 750 kW propulsion power.
5
(3) For the purposes of table item 4, the holder of a certificate of
6
competency as AMSA Engineer Class 3 near-coastal may be
7
endorsed to perform duties as Chief Engineer on trading vessels of
8
less than 3,000 kW propulsion power if the holder has completed at
9
least 12 months' sea service on vessels of at least 750 kW
10
propulsion power.
11
(4) A person must not perform duties as an engineer officer on a
12
steamship unless the person holds a certificate that specifically
13
applies to steamships.
14
(5) A person must not perform duties as an engineer officer on a
15
motorship unless the person holds a certificate that specifically
16
applies to motorships.
17
18 Standard: revalidation of certificates
18
(1) A certificate of marine engineering competency of any grade or
19
class may be revalidated if the holder has, since the certificate was
20
issued or last revalidated, completed sea service, on a vessel of at
21
least 750 kW propulsion power, in a position as:
22
(a) an engineer (including electrical engineer); or
23
(b) a supernumerary engineer.
24
(2) If the holder holds certificates applying both to steamships and to
25
motorships, both kinds of certificates may be revalidated if the
26
holder has completed sea service as referred to in subsection (1) on
27
either a steamship or a motorship.
28
19 Standard: Principal Examiner and Examiners
29
(1) The expression Principal Examiner, wherever used in a Marine
30
Regulation, is to be given the same meaning that it has in this Act.
31
Standards Part 2
Section 20
Marine Engineers Qualifications Bill 2013 No. , 2013 15
(2) The Principal Examiner must hold, at least, a certificate of
1
competency as Engineer Class 1.
2
(3) The expression Examiner, wherever used in a Marine Regulation,
3
is to be given the same meaning that it has in this Act.
4
20 Standard: meaning of propulsion power
5
The expression propulsion power, wherever used in a Marine
6
Regulation, is to be given the same meaning that it has in this Act.
7
21 Standard: meaning of qualifying sea service
8
The expression qualifying sea service, wherever used in a Marine
9
Regulation, is to be given the same meaning that it has in this Act.
10
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