Document ID: chunk:federal_register_of_legislation:F2017L01632:body:0:p2
Version: federal_register_of_legislation:F2017L01632
Segment Type: other
Provision Reference: 
Character Range: 2679–5544

required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
       (3)Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about matters that can be provided for by regulation.

4 Definitions
       In this Order:
certificate of medical fitness means a certificate of medical fitness that is issued by:
(a) a medical inspector or expert panel in accordance with section 13 or 14; or
(b) a medical practitioner in accordance with section 15.
medical inspector means a person appointed in accordance with section 12.
Note 1   The term STCW Code used in this Order is defined in Marine Order 1 (Administration) 2013.
Note 2   Some terms used in this Order are defined in the Navigation Act, including:
         * licensed pilot
         * Maritime Labour Convention
         * master
         * pilotage provider
         * seafarer
         * 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.
Note 4   Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application
       This Order applies to:
(a) seafarers performing duties on, and owners of, regulated Australian vessels; and
(b) licensed pilots; and
(c) pilotage providers.

6 Review of decision
       A decision under section 17 is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.
Division 2 Requirements — medical fitness

7 Requirement to hold a certificate — seafarer
       (1)A person may perform duties as a seafarer on a regulated Australian vessel only if:
(a) the person holds a certificate of medical fitness; and
(b) the certificate of medical fitness evidences that the person is medically fit for the particular duties performed.
Penalty: 50 penalty units.
       (2)The owner of a regulated Australian vessel must not take the vessel to sea if any seafarer on board does not hold a certificate of medical fitness evidencing that the seafarer is medically fit for the particular duties to be, or being, performed.
Penalty: 50 penalty units.
       (3) An offence against subsection (1) or (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 50 penalty units.

8 Requirement to hold a certificate of medical fitness — licensed pilot
       (1)A person may perform duties as a licensed pilot only if:
(a) the person holds a certificate of medical fitness; and
(b) the certificate of medical fitness evidences that the person is medically fit for the particular duties performed.
Penalty: 50 penalty units.
       (2) An