Exemption 31—Marine Safety (Expired pre-USL Code certificates)

This exemption is for people who have an expired pre-uniform shipping laws (USL) Code certificate and who work on a domestic commercial fishing vessel.

If you wish to work on a domestic commercial vessel without a certificate of competency, you can apply for approval under Exemption 31 by completing and submitting the AMSA form 758 to DCVapplications@amsa.gov.au with the following information:

copy(ies) of your expired pre-USL code certificate(s) of competency
vessel name and unique identifier
detailed description of the intended operation(s) and geographical area(s)

What this exemption allows you to do

You are eligible for this exemption if you held a pre-USL Code certificate issued by the maritime safety authority of a state or the Northern Territory.

The pre-USL Code certificate must have:

been issued before 1 July 2013 and have expired before 1 January 2014, and
been based on competencies recognised before the USL Code commenced, and
entitle you to be the master, engineer or coxswain of a domestic commercial fishing vessel, based on competencies recognised in a certificate issued before the USL Code commenced.

Option 1: Continue to operate under your pre-USL Code certificate

Exemption 31 may allow you to continue to carry out duties as a master, engineer or coxswain of a fishing vessel if:

you have performed the operation in the five years before 30 June 2013, and
you have continued to perform the operation in the same capacity within the same limitations on the certificate.

In addition, if your pre-USL code certificate expired before 30 December 2013, you must have accrued qualifying sea service for 120 days on a fishing vessel in the five years before you apply for approval under Exemption 31.

Option 2: Apply for a certificate of competency

As the holder of a pre-USL Code certificate, you may qualify for a certificate of competency without having to re-train, demonstrate sea time or obtain a medical fitness certificate.

You still must meet the eligibility criteria that applied to the pre-USL Code certificate on 31 December 2008.