Consultation on administrative amendments to National Law Regulations and cost recovery

What

AMSA has been working with industry to develop a nationally consistent and simplified qualifications framework for Australians working across the domestic commercial vessel (DCV) industry.

As a result, AMSA has revised Marine Order 505 (Certificates of Competency – National Law) 2022 (MO505) to create an easier-to-navigate career pathway for people working on DCVs. The revised Marine Order 505 introduces five new certificates of competency (CoCs):

  • Sailing Master Coastal Near Coastal
  • Sailing Master Offshore Near Coastal
  • Coxswain Grade 3 Near Coastal
  • Master <45 m Near Coastal
  • Master <100 m Near Coastal.

It also incorporates some existing exemptions, revises some seatime requirements and removes some restrictions, making CoCs available to a larger group of people working on DCVs. The revised MO505 will come into force on 1 January 2023.

AMSA has designed transitional arrangements to allow adequate time for individuals to meet the requirements of MO505. This will accommodate the following individuals who can continue to operate under existing arrangements until 1 January 2024:

  • Holders of Exemption 38 (Low complexity duties) who will be transitioning to the new Coxswain Grade 3 Near Coastal certificate.
  • Holders of Mate <80m Near Coastal who will be transitioning to a Master <24m Near Coastal certificate.
  • General Purpose Hands who have had supervisory definitions clarified under the revised Marine Order 505.

For existing CoC holders, their certificates remain valid until expiry. Individuals will not be required to pay an additional fee above what they would otherwise normally have paid for a renewal or new CoC application.For more information on the certificates of competency and the transitional arrangements refer to the MO505 Guidelines on the changes to the certificates of competency and exemptions PDF1.12 MB.  

To ensure a smooth transition to the issuing of new certificates from 1 January 2023, AMSA intends to implement cost recovery arrangements  consistent with current arrangements for existing CoCs.
Consultation closed on 30 October 2022.

The proposed fees for new CoCs are in line with fees for existing CoCs, which range between $150-$282 (subject to indexation). A full breakdown of these fees is available in the Cost Recovery Implementation Statement (CRIS) PDF1.63 MB. The CRIS provides further information on how AMSA intends to implement cost recovery arrangements under the revised MO505. In particular, the cost of implementing the five new certificates is partially offset by savings in the phasing out the older certificates Master <35m Near Coastal, Master <80m Near Coastal and Mate <80m Near Coastal. 

AMSA is seeking your views on the CRIS and the cost recovery arrangements.

To support the administration of the proposed fees for the new CoCs, amendments will be made to the Marine Safety (Domestic Commercial Vessel) National Law Regulations 2013 (the National Law Regulation) to:

  • update the list of certificates of competency to include the five new certificates created by the revised MO505.
  • set the fees to support AMSA’s administration of certificates of competency.
  • reflect the terminology used in the revised MO505.

It is important to note that amendments to the National Law Regulations are necessary to support the implementation of the revised Marine Order 505. They do not change the requirements of the revised Marine Order 505, or the transitional arrangements. A summary of these proposed amendments PDF640.29 KB has been provided for information.

Why

AMSA intends to implement cost recovery arrangements under the revised MO505, consistent with arrangements for existing CoCs.

This will be supported by regulatory amendments that will ensure:

  • the National Law Regulations capture all certificates of competency – allowing for the smooth issuing and renewal of certificates.
  • AMSA charges fees for the new certificates that are consistent with the fee structure for existing certificates (in the range $150-$282, subject to indexation).
 


 

Who

Feedback is requested from:

  • People working on Australian Domestic Commercial Vessels (DCVs).
  • Anyone holding or intending to obtain a certificate of competency to work on a DCV.
  • People and organisations with responsibility for the crewing of DCVs.
  • People operating under an AMSA general exemption to perform duties or functions on an Australian DCV.
  • Industry groups or bodies that represent Australian seafarers.
  • Organisations conducting, or seeking approval to conduct, AMSA-mandated practical assessments.