Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:18:p1
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 18 (pt 1/15)
Character Range: 94422–97329

18        Re-locate as a note at the foot of subsection 38.2.2

Note   Footnotes not mentioned in this instrument are omitted as a consequence of the text to which they relate being omitted.

Schedule 3 Marine Orders Part 6, issue 5
(section 3)

 [1]  Section 1
substitute

1 Name of Order
       This Order is Marine Order 6 (Marine radio qualifications) 2000.

2 Purpose
       This Order:
(a) gives effect to Regulation 16 of Chapter IV of SOLAS which provides that every ship must carry personnel qualified for distress and safety radio communication to the satisfaction of the Administration; and
(b) gives effect to Regulation IV/2 of Chapter IV of the STCW Convention which requires that every person in charge of or performing radio duties on a ship that is required to participate in the GMDSS must hold an appropriate certificate related to the GMDSS; and
(c) provides for certification requirements for persons operating radio installations, radio navigational aids and communication equipment in a vessel.

3 Power
       3.1Sections 28 to 33 and 40 of the Navigation Act provide for the making of regulations for seafarer certificates.
       3.2Subsection 28(2) and paragraph 340(1)(h) of the Navigation Act provide that regulations may give effect to the STCW Convention.
       3.3Section 314 provides that the regulations may prescribe certain matters for certificates.
       3.4Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
       3.5Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.
       3.6Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.

[2]  Section 2, heading
substitute

4 Definitions
       In this Order:

[3]  Section 2, definitions of approved and AMSA
substitute
appropriate certificate means a certificate that:
(a) is issued in a country other than Australia; and
(b) permits the operation of radio installations on a ship; and
(c) the Manager is satisfied is equivalent to a GMDSS certificate.
approved means approved in writing by the Manager, Ship Operations and Qualifications.

[4]  Section 2, definitions of Certificate of Recognition, General Manager, GMDSS certificate and GMDSS ship
substitute
certificate of recognition means a certificate issued under the Act and mentioned in section 9.
fully fitted, for GMDSS equipment, means that the equipment satisfies the functional requirements of:
(a) for a vessel to which SOLAS applies — regulation 4 of Chapter IV of SOLAS; or
(b) for a vessel to which SOLAS does not apply — subsection 7.2 of Marine Order 27 (Radio equipment) 2009.
GMDSS certificate means a certificate