Document ID: chunk:federal_register_of_legislation:F2024C00698:body:0:p3
Version: federal_register_of_legislation:F2024C00698
Segment Type: other
Provision Reference: 
Character Range: 5401–8139

are specified by STCW Code, Table A‑II/1, column 1.
yacht means a vessel that:
(a) is less than 3000 GT; and
(b) is for commercial use for sport or pleasure; and
(c) does not carry cargo; and
(d) does not carry more than 12 passengers.
Note   A yacht need not be designed to carry sail and may be a training vessel, a sail training vessel or a short range yacht.
       (2) For paragraph (b) of the definition of yacht, a training vessel is taken to be:
(a) used for sport or pleasure; and
(b) if trainees are charged fees to travel on the vessel — for commercial use.
       (3) Terms defined in Marine Order 70 (Seafarer qualifications) 2014 and used in this Order have the meaning given by that Order.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013 including:
          * IMO
          * Navigation Act
          * STCW Code.
Note 2   Other terms used in this Order have the same meaning that they have in the Navigation Act, including:
         * AMSA
         * master
         * officer
         * regulated Australian vessel
         * seafarer
         * seafarer certificate
         * STCW Convention.
Note 3   For delegation of AMSA's powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application
        This Order applies to the following persons:
(a) a person performing or intending to perform, duties or functions as a master or deck officer on a regulated Australian vessel that is a yacht;
(b) a person who holds a seafarer certificate mentioned in Schedule 1.

6 Certification taken to be qualification to perform duties
        For section 35 of the Navigation Act, a person is qualified to perform the duties or functions of a master or deck officer for a regulated Australian vessel that is a yacht if:
(a) the person holds a seafarer certificate that this Order requires the person to hold to perform those duties or functions; and
(b) the certificate permits the person to perform duties or functions mentioned in Schedule 1 for the grade of certificate.
Note   A seafarer certificate issued under the Navigation Act, including a certificate of recognition, may include endorsements permitting the certificate holder to perform stated duties or functions — see section 8 of Marine Order 70 (Seafarer certification) 2014.

7 Grades of certificate — permitted duties or functions
        For paragraph 35(1)(a) of the Navigation Act, a person must hold either of the following kinds of seafarer certificates to perform the duties or functions mentioned in Schedule 1 for a regulated Australian vessel that is a yacht:
(a) if the person is to perform the duties or functions mentioned in Schedule 1 for a grade of certificate —