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Marine Engineers Qualifications Bill 2013 (No. 2)

Part 2 Standards

   

7   Standard: arrangement of legislative instruments dealing with marine engineering certification matters

             (1)  A legislative instrument:

                     (a)  that is made under the Navigation Act 2012 or the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 ; and

                     (b)  that deals with marine engineering certification matters;

must not contain provisions dealing with matters other than marine engineering certification matters and matters incidental to those matters.

             (2)  A legislative instrument that is inconsistent with subsection (1) is invalid.

8   Standards for Marine Regulations

             (1)  A Marine Regulation must not be inconsistent with a standard in this Part. To the extent that any Marine Regulation is inconsistent with a standard in this Part:

                     (a)  the Marine Regulation is invalid; and

                     (b)  (except for the standard in section 7) the standard in this Part applies instead.

             (2)  A Marine Regulation is not inconsistent with a standard in this Part only because the Marine Regulation imposes conditions or requirements, or contains other matters, in addition to conditions, requirements or matters in a standard.

             (3)  Each section in this Part, other than this section, is a standard .

9   Standard: approvals

             (1)  A decision of a kind listed in subsection (2) must only be made:

                     (a)  in the first instance—by an Examiner or the Principal Examiner; or

                     (b)  on review—by the Principal Examiner.

             (2)  For the purposes of subsection (1), these are the kinds of decisions:

                     (a)  a decision to approve any of the following in connection with a certificate of marine engineering competency or electro-technical competency:

                              (i)  an educational requirement;

                             (ii)  an engineering trade requirement;

                            (iii)  maintenance experience;

                            (iv)  training;

                             (v)  sea service;

                     (b)  a decision to treat something else as equivalent to something approved for the purposes of paragraph (a);

                     (c)  a decision to issue a certificate of marine engineering or electro-technical competency;

                     (d)  a decision to revoke a certificate of marine engineering or electro-technical competency;

                     (e)  a decision to vary or suspend, or impose conditions on, or deal with in any other way, a certificate of marine engineering or electro-technical competency.

10   Standard: oral examinations

             (1)  An oral examination of a person required by a Marine Regulation must:

                     (a)  be a thorough examination and cross-examination of the person’s knowledge of the matters that are the subject of the examination; and

                     (b)  be conducted by an Examiner or the Principal Examiner.

             (2)  The Examiner or Principal Examiner must give the person a report of the examination which includes any matters on which the person’s knowledge does not pass the examination.

11   Standard: Engineer Class 1, 2 and 3

                   A certificate of competency as an Engineer Class 1, Engineer Class 2 or Engineer Class 3 must not be issued to a person unless the person has passed an oral examination that relates to knowledge of operational marine engineering matters, and of Australian maritime legislation, appropriate for a certificate of competency as an Engineer of that class.

12   Standard: Engineer Watchkeeper

             (1)  To be eligible for a certificate of competency as Engineer Watchkeeper, a person must satisfy:

                     (a)  subsection (2) or subsection (3) or both; and

                     (b)  subsection (7).

             (2)  The person satisfies this subsection if:

                     (a)  the person holds an approved trade certification or approved trade-equivalent certification; and

                     (b)  the person has completed approved education and training:

                              (i)  that is relevant to the duties of a marine engineer; and

                             (ii)  that meets or exceeds the standards specified in the STCW Code; and

                     (c)  the person has completed at least 36 weeks’ qualifying sea service on vessels of at least 750kW propulsion power.

             (3)  The person satisfies this subsection if:

                     (a)  the person has Year 12 passes, or equivalent, in English, in at least one mathematics subject and in at least one science subject; and

                     (b)  the person has completed an Engineer Cadetship of at least the duration required by subsection (4); and

                     (c)  the Engineer Cadetship included approved education and training:

                              (i)  that is relevant to the duties of a marine engineer; and

                             (ii)  that included approved practical training ashore of at least the duration required by subsection (6); and

                            (iii)  that meets or exceeds the standards specified in the STCW Code; and

                     (d)  the Engineer Cadetship included at least 36 weeks’ qualifying sea service on vessels of at least 750 kW propulsion power.

             (4)  The required duration of an Engineer Cadetship is:

                     (a)  36 months; or

                     (b)  36 months reduced in accordance with subsection (5) or (6) or both, as applicable.

             (5)  If:

                     (a)  a person holds a diploma, degree or higher qualification in an engineering field; and

                     (b)  the person’s prior learning in that field is recognised by a college or a registered training authority approved to provide marine engineer training;

the 36 months is reduced by the duration of the person’s recognised prior learning.

             (6)  The required duration of approved practical training ashore is:

                     (a)  36 weeks; or

                     (b)  for a person whose prior practical training ashore has been recognised by AMSA—36 weeks reduced by the duration of the person’s recognised prior practical training ashore.

             (7)  The person satisfies this subsection if:

                     (b)  unless subsection (8) applies—at least 16 weeks of the qualifying sea service referred to in paragraph (2)(c) or (3)(d) was on vessels using the kind of propulsion to which the certificate of competency as Engineer Watchkeeper will relate; and

                     (c)  the qualifying sea service included on-board training that was documented in an approved training record book; and

                     (d)  the person has completed any engineer training program short courses required by the Marine Regulation; and

                     (e)  the person has passed an oral examination that relates to knowledge of operational marine engineering matters, and of Australian maritime legislation, appropriate for a certificate of competency as Engineer Watchkeeper.

             (8)  The person does not have to satisfy paragraph (7)(b) if the person is the holder of a certificate of competency as Engineer Class 1, Engineer Class 2, Engineer Watchkeeper in relation to the other kind of propulsion or Engineer Class 3.

13   Standard: Marine Engineer Class 3 without a trade

             (1)  An Examiner or the Principal Examiner may approve, as a trade-equivalent certification for the purposes of paragraph 12(2)(a) (Engineer Watchkeeper), maintenance experience gained by a person if:

                     (a)  the person gained the maintenance experience while performing sea service:

                              (i)  as an engineer on a vessel of at least 750 kW propulsion power; and

                             (ii)  while holding a certificate of competency as a Marine Engineer Class 3; and

                     (b)  the duration of the sea service was at least:

                              (i)  24 months, for a person who completed workshop competencies at the level of Engineer Watchkeeper Cadet before starting the sea service; or

                             (ii)  30 months, for a person who completed workshop competencies at the level of Engineer Class 3 before starting the sea service.

             (2)  In deciding whether to give an approval referred to in this section, an Examiner or the Principal Examiner must have regard to:

                     (a)  if AMSA establishes a system for recording maintenance experience and relevant sea service—the records of that system; and

                     (b)  for maintenance experience and qualifying sea service occurring before the start of any such system—affidavits in relation to the person’s maintenance experience and relevant sea service.

14   Standard: alternative trades and post-trade acquisition of maintenance experience

                   If an applicant for a certificate of competency as Engineer Watchkeeper:

                     (a)  does not hold an approved trade certification or approved trade-equivalent certification; but

                     (b)  holds another kind of trade certification or has post-trade maintenance experience;

an Examiner must assess, by considering the applicant’s particular circumstances, whether to approve the other kind of trade, or the post-trade maintenance experience, as a trade-equivalent certification for the purposes of paragraph 12(2)(a) (Engineer Watchkeeper).

15   Standard: recognition of foreign certificate

                   A person who holds a certificate of marine engineering or electro-technical competency issued outside Australia must not be issued a certificate of recognition for that certificate unless the person has passed an oral examination that relates to knowledge of operational marine engineering or electro-technical matters, and of Australian maritime legislation, appropriate for the certificate that is to be recognised.

16   Standard: colleges and registered training authorities

             (1)  The Principal Examiner must, at least once each year, audit each college and registered training authority approved to provide marine engineering training and decide whether to continue the approval.

             (2)  The Principal Examiner cannot delegate this function.

17   Standard: duties permitted for grades of certificates

             (1)  A certificate of competency or certificate of recognition of a grade specified for an item in column 1 of the table permits the holder to carry out the duties listed for that item in column 2, subject to subsections (4) and (5).

 

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)

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

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)

 

             (2)  For the purposes of table item 3, the holder of a certificate of competency as Engineer Watchkeeper may be endorsed to perform duties as First Engineer on vessels of less than 3,000 kW propulsion power if the holder has completed at least 12 months’ sea service on vessels of at least 750 kW propulsion power.

             (3)  For the purposes of table item 4, the holder of a certificate of competency as AMSA Engineer Class 3 near-coastal may be endorsed to perform duties as Chief Engineer on trading vessels of less than 3,000 kW propulsion power if the holder has completed at least 12 months’ sea service on vessels of at least 750 kW propulsion power.

             (4)  A person must not perform duties as an engineer officer on a steamship unless the person holds a certificate that specifically applies to steamships.

             (5)  A person must not perform duties as an engineer officer on a motorship unless the person holds a certificate that specifically applies to motorships.

18   Standard: revalidation of certificates

             (1)  A certificate of marine engineering competency of any grade or class may be revalidated if the holder has, since the certificate was issued or last revalidated, completed sea service, on a vessel of at least 750 kW propulsion power, in a position as:

                     (a)  an engineer (including electrical engineer); or

                     (b)  a supernumerary engineer.

             (2)  If the holder holds certificates applying both to steamships and to motorships, both kinds of certificates may be revalidated if the holder has completed sea service as referred to in subsection (1) on either a steamship or a motorship.

19   Standard: Principal Examiner and Examiners

             (1)  The expression Principal Examiner , wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.

             (2)  The Principal Examiner must hold, at least, a certificate of competency as Engineer Class 1.

             (3)  The expression Examiner , wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.

20   Standard: meaning of propulsion power

                   The expression propulsion power , wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.

21   Standard: meaning of qualifying sea service

                   The expression qualifying sea service , wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.