Document ID: chunk:federal_register_of_legislation:F2025C00007:front:0:p4
Version: federal_register_of_legislation:F2025C00007
Segment Type: other
Provision Reference: 
Character Range: 8036–10801

Application
        This Marine Order applies to the following:
(a) a person performing, or intending to perform, duties or functions as a master or deck officer on a regulated Australian vessel;
(b) a person who holds a seafarer certificate as a master or deck officer.
Note   A deck officer is a person performing the duties or functions of chief mate or watchkeeper deck officer.
Division 2 Seafarer certificates

6 Requirement to hold a seafarer certificate
       (1) For subsection 29(1) of the Navigation Act, a person must hold a seafarer certificate of a kind mentioned in Schedule 1 to undertake a duty or perform a function on a regulated Australian vessel if the duty or function is mentioned in Schedule 1 for the kind of certificate.
       (2) However, if the regulated Australian vessel is a yacht, Marine Order 74 (Masters and deck officers — yachts) 2015 sets out the requirements.
Note   It is an offence under sections 35 and 36 of the Navigation Act if a person on a regulated Australian vessel undertakes duties or performs functions for which the regulations require the person to hold a particular certificate and the person does not hold the certificate.

7 Issue of certificate
        First issue
       (1) For paragraph 314(3)(a) of the Navigation Act, the criteria for the issue to a person of a seafarer certificate as a master or deck officer are as follows:
(a) the person is familiar enough with the English language that the person can fully understand directions and documents relating to the duties or functions for which the certificate is required;
(b) the person applies in accordance with Subdivision 2.1 of Marine Order 70;
(c) the person meets the eligibility requirements for the certificate that are mentioned in Schedule 2.
        Revalidation (reissue)
       (2) However, the criteria set out in subsection (3) apply for a kind of certificate if a person:
(a) holds a seafarer certificate of that kind that is in force; or
(b) held a seafarer certificate of that kind that has ceased to be in force; or
(c) held a certificate of competency or a certificate of recognition issued under Marine Order 3 (Seafarer qualifications) 2004 that corresponds to the kind of certificate in accordance with Schedule 3.
       (3) The criteria are that:
(a) the requirements of Subdivision 5.1 of Marine Order 70 are met; and
(b) the certificate is not, or was not, suspended, cancelled or revoked; and
(c) the person meets the requirements mentioned in Schedule 4.

8 Qualifying seagoing service
 (1) Qualifying seagoing service must be:
(a) performed while undertaking the duties or performing the functions of a master, deck officer, trainee deck officer, deck cadet or rating; and
(b) calculated in accordance with Subdivision