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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Marine Engineers Qualifications Bill 2013
EXPLANATORY MEMORANDUM
And
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of Senator Williams
MARINE ENGINEERS QUALIFICATIONS BILL 2013
OUTLINE
This is a Bill to prevent a reduction in marine engineering training and certification standards in
Australia.
It will do this by requiring that any marine regulations, such as Marine Orders, must be amended by
the issuing authority so as to comply with and give effect to the existing Australian standards for
Engineering training and certification.
It also implements the engineering improvements agreed to on 22 October 2009 between the
Australian Maritime Safety Authority (AMSA) and Australian Institute of Marine and Power
Engineers (AIMPE) which include, inter alia, the establishment of regulatory requirements for marine
engineers separate from those for deck officers and ratings in order to assist with regulatory certainty.
Importantly, with the passage of the Navigation Act 2012, existing Australian standards will no longer
apply to Australia's merchant trading fleet if the vessel does not trade internationally.
However, only seven of the approximately 20 merchant ships left in the Australian fleet trade
internationally, so the Navigation Act 2012 does not apply to the remainder of the Australian trading
fleet. The Navigation Act 2012 also does not apply to the more than 150 commercial vessels engaged
in the Australian oil and gas industry or to other relevant operations.
The passage of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the
National Law) has resulted in lower training and certification standards than those required by the
Navigation Act.
The National Law sets lower standards. The National Law:
counts only half the defined propulsion power in determining the level of training and
certification required for a given vessel;
no longer triggers Navigation Act standards when a vessel exits State waters;
does not mandate the three year training requirement for Marine Engineer Watchkeeper;
does not mandate AMSA oral examinations;
does not ensure AMSA directly audits college course providers; and
does not maintain the academic entry standards for Engineer Cadets.
To ensure this reduction in training and certification requirements does not progress, this Bill
proposes that, in addition to the seven vessels covered by the Navigation Act 2012, where a
commercial vessel is either:
of 500 or more gross registered tonnes; or
of propulsion power of 3000 kW or more;
then engineer requirements on that vessel shall also be required to meet the marine engineer training
and certification standards set out in this Bill.
FINANCIAL IMPACT
The Bill will have no financial impact.
MARINE ENGINEERS QUALIFICATIONS BILL 2013
NOTES ON CLAUSES
PART 1
Clause 1 - Short Title
This is a formal provision which provides that the Bill, once enacted, can be cited as the Marine
Engineers Qualifications Act 2013.
Clause 2 - Commencement
This clause provides that sections 3-21 inclusive of the Bill are to commence on a single day to be
fixed by Proclamation. If the provision(s) do not commence within the period of 18 months beginning
on the day the Bill receives Royal Assent, they commence on the day after the end of that period. All
other sections commence on the day of Royal Assent.
Clause 3 - Act binds the Crown
This clause provides that the Bill will bind the Crown in each of its capacities.
Clause 4 - Object of Act
This clause outlines the main object of the Bill, being 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.
Clause 5 - Constitutional reach of Act
This clause outlines the classes of persons, and duties performed by those persons, to which the Bill
will apply.
Clause 6 - Definitions
This clause provides definitions for relevant terms within the Bill.
PART 2
Clause 7 - Standard: arrangement of legislative instruments dealing with marine engineering
certification matters
This clause specifies that legislative instruments dealing with marine engineering certification matters
shall not contain material that relates to matters other than marine engineering certification and
incidental matters.
Clause 8 - Standards for Marine Regulations
This clause provides that marine regulations shall not be inconsistent with standards established
throughout the rest of the Bill and, in the event they are inconsistent, the standards in the Bill will
replace the inconsistency.
Clause 9 - Standard: approvals
This clause provides that certain decisions, which are listed in the clause, must be approved by
decision of examiners established under the Bill.
Clause 10 - Standard: oral examinations
This clause outlines the process by which oral examinations must be conducted and compels an
examiner to issue a report to the person examined.
Clause 11 - Standard: Engineer Class 1, 2 and 3
This clause provides that an Engineer Class 1, 2 and 3 will not be issued a certificate of competency
unless they have passed an oral examination.
Clause 12 - Standard: Engineer Watchkeeper
This clause provides that an Engineer Watchkeeper will not be issued a certificate of competency
unless they have passed all requirements established under the Bill. Unlike Clause 11, there are
several different ways to satisfy the requirements.
Clause 13 - Standard: Marine Engineer Class 3 without a trade
This clause allows examiners to make an approval for a Marine Engineer Class 3 without a trade to
train as an Engineer Watchkeeper, taking into account experience not listed in Clauses 11 and 12.
Clause 14 - Standard: alternative trades and post-trade acquisition of maintenance experience
This clause provides that, when examining an application for Engineer Watchkeeper, an examiner
may consider other trades from those listed in Clause 12, and make a determination that the trade
listed in the application satisfies the requirements for Engineer Watchkeeper.
Clause 15 - Standard: recognition of foreign certificate
This clause requires that persons holding engineering qualifications from other jurisdictions must
undergo the requirements of Australian examination before they are issued with a certificate of
competency.
Clause 16 - Standard: colleges and registered training authorities
This clause provides that the Principal Examiner must audit colleges and training bodies that provide
marine engineering training. This is not a delegable power.
Clause 17 - Standard: duties permitted for grades of certificates
This clause lists the duties that may be performed by persons holding the respective qualification
certificates, including those referred to in Clauses 11-14 inclusive. This clause also establishes some
additional requirements that are applied to specific duties and consolidates the standards expressed in
several different tables under current regulations in the one Clause.
Clause 18 - Standard: revalidation of certificates
This clause allows for certificates of competency to be revalidated if the holder meets certain criteria
since the issuing of the certificate and maintains current capacity to revalidate any engineering
certificate provided the required sea service was on vessels of 750kW or more.
Clause 19 - Standard: Principal Examiner and Examiners
This clause clarifies the expressions Principal Examiner and Examiner, when used in marine
regulations, have the same meaning as in the Bill.
Clause 20 - Standard: meaning of propulsion power
This clause clarifies the expression propulsion power, when used in marine regulations, has the same
meaning as in the Bill.
Clause 21 - Standard: meaning of qualifying sea service
This clause clarifies the expression qualifying sea service, when used in marine regulations, has the
same meaning as in the Bill.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Marine Engineers Qualifications Bill 2013
This bill is compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
This is a Bill to prevent a reduction in marine engineering training by setting minimum standards in
relation to the certification of marine engineering and electro-technical competency. This will prevent
any reduction in standards that may have occurred or will occur due to the framework established by
the Navigation Act 2012 and Marine Safety (Domestic Commercial Vessel) National Law Act 2012. It
will do this by, inter alia, requiring that any marine regulations, such as Marine Orders, must be
amended by the issuing authority so as to comply with and give effect to the existing Australian
standards for engineering training and certification.
Human rights implications
This Bill engages with and recognises the right to the enjoyment of just and favourable conditions of
work as described in Article 7 of the International Covenant on Economic, Social and Cultural Rights.
The Article makes particular mention, at 7(b), of safe and healthy working conditions. This Bill helps
ensure all persons have the right to safe and healthy conditions at work by ensuring a minimum
competency standard. Maritime working environments have a potential to be hazardous and the
competency of maritime workers can directly affect the health and safety of others.
Conclusion
This Bill is compatible with human rights because, as far as it engages with the right to safe and
healthy work conditions, it advances the protection of those human rights.
Senator Williams