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Marine Engineers Qualifications Bill 2013 (No. 2)

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Marine Engineers Qualifications Act 2013 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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 18 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Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Act binds the Crown

                   This Act binds the Crown in each of its capacities.

4   Object of Act

                   The object of this Act is to set minimum standards in relation to the certification of marine engineering and electro-technical competency in order to prevent any reduction in those standards.

5   Constitutional reach of Act

                   This Act applies in relation to a Marine Regulation to the extent that the Marine Regulation affects persons performing duties on:

                     (a)  a vessel regulated by the Navigation Act 2012 ;

                     (b)  a vessel engaged in trade and commerce:

                              (i)  among the States; or

                             (ii)  between a State and a Territory; or

                            (iii)  between 2 Territories;

                     (c)  a vessel that is external to Australia;

                     (d)  a vessel of which the owner, or any of the owners, is a constitutional corporation;

                     (e)  a vessel, so far as the application of this Act to activities of, or in relation to, the vessel is reasonably appropriate and adapted to giving effect to Australia’s obligations under an international agreement;

                      (f)  a vessel of which the owner, or any of the owners, is the Commonwealth or a Commonwealth authority;

                     (g)  a vessel that is within a participating Territory (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 .

6   Definitions

                   In this Act:

AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .

approved means approved in accordance with a Marine Regulation and, if the standard in section 9 applies to the decision to approve, in a manner consistent with that standard.

Examiner means a suitably qualified marine engineer employed by AMSA and appointed by the Principal Examiner to conduct examinations.

First Engineer means the engineer officer next in rank to the Chief Engineer and is the same position as that referred to in the STCW Convention as Second Engineer.

kW means kilowatts.

marine engineering certification matters means matters relating to either or both of the following:

                     (a)  certification of marine engineering competency;

                     (b)  certification of electro-technical competency.

Marine Regulation means a legislative instrument made under:

                     (a)  the Navigation Act 2012 , to the extent that the legislative instrument deals with marine engineering certification matters; or

                     (b)  the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 , to the extent that the legislative instrument deals with marine engineering certification matters in relation to performance of engineering functions on commercial vessels:

                              (i)  of at least 500 gross registered tonnes; or

                             (ii)  of at least 3,000 kW propulsion power.

near-coastal waters means the waters landward of the outer boundary of the Australian Exclusive Economic Zone (EEZ).

Principal Examiner means the Principal Examiner of Engineers in AMSA.

propulsion power , of a vessel, means the total maximum continuous rated output power, in kilowatts, of all of the propulsion machinery appearing on the vessel’s certificate of registry or other official document. For this purpose, the practice of using mechanical or electronic means to limit or use only part of the speed or power (or both) of an engine (known as “de-rating”) does not reduce the defined propulsion power of a vessel.

qualifying sea service means sea service performed as an engineer, trainee engineer, engineer cadet, or in an equivalent engineering capacity, regularly engaged in engine-room watchkeeping (which includes service “on call” via UMS alarms in periodically unattended machinery spaces).

standard : see subsection 8(3).

STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by a resolution of the 2010 Conference of Parties to the STCW Convention.

STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, done at London by the International Maritime Organization on 7 July 1978, as amended, including the Final Act of the 2010 Conference of Parties to the International Convention on Standards of Training and Watchkeeping for Seafarers 1978.

Note:          The text of the Convention is set out in Australian Treaty Series 1984 No. 7 ([1984] ATS 7). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website ( www.austlii.edu.au ).