Marine Orders Part 54, issue 5 (Coastal pilotage)

This compilation was prepared on 9 January 2012 taking into account amendments up
to Marine Orders Part 54 Amendment 2011 (No. 1)

Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

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Contents

Page
Division 1 General ................................................................................... 6
1 Name of Order ....................................................................................................... 6
2 Commencement..................................................................................................... 6
3 Repeal of Marine Orders Part 54, issue 4 ............................................................. 6
4 Purpose .................................................................................................................. 6
5 Power ..................................................................................................................... 6
6 Definitions .............................................................................................................. 6
7 Interpretation ........................................................................................................ 10
8 Application — Act, s 186H (1) .............................................................................. 10
Division 2 Pilotage providers ............................................................... 11
Subdivision 2.1 Penal provision ................................................................................... 11
9 Unlicensed pilotage provider ............................................................................... 11
Subdivision 2.2 Application and decision .......................................................................... 11
10 Application ........................................................................................................... 11
11 Decision on application ........................................................................................ 11
12 Form of licence .................................................................................................... 12
13 Licence conditions ............................................................................................... 12
14 Licence term ........................................................................................................ 13
Subdivision 2.3 Amendment, annual review, renewal, etc ......................................... 13
15 Amendment initiated by AMSA ............................................................................ 13
16 Amendment initiated by provider ......................................................................... 13
17 Annual review ...................................................................................................... 14
18 Application for renewal ........................................................................................ 15
19 Decision on application for renewal ..................................................................... 15
20 Surrender of licence ............................................................................................. 16
21 Requirement to return licence .............................................................................. 16
22 Requirement to notify change of name or address .............................................. 16
Subdivision 2.4 Compliance audits ............................................................................... 16
23 When compliance audit conducted ...................................................................... 16
24 Persons approved to conduct audits ................................................................... 17
25 Reason for audit................................................................................................... 17
26 Powers not limited by compliance audit provisions ............................................. 18
27 Requirement to comply ........................................................................................ 18
Subdivision 2.5 Disciplinary action ............................................................................... 18
28 Grounds for disciplinary action ............................................................................ 18
29 Disciplinary action ................................................................................................ 18
30 Taking disciplinary action ..................................................................................... 19
31 Effect of suspension of licence ............................................................................ 19
32 Application for reinstatement of suspended licence ............................................ 19
33 Decision to reinstate suspended licence ............................................................. 20
34 Taking disciplinary action subject to demerit points system ................................ 20
Division 3 Demerit points ..................................................................... 21
Subdivision 3.1 Definitions ............................................................................................ 21
35 Definitions for Division 3 ...................................................................................... 21
Subdivision 3.2 Demerit points ...................................................................................... 21
36 Demerit infringements and points ........................................................................ 21
37 Recording demerit points ..................................................................................... 22
38 When demerit points incurred .............................................................................. 22
39 Clearing demerit points ........................................................................................ 22
40 Suspension of pilotage provider licence .............................................................. 23
41 Suspension notice................................................................................................ 24
Subdivision 3.3 Demerit points register ....................................................................... 24
42 The register .......................................................................................................... 24
43 Corrections ........................................................................................................... 24
Division 4 Pilotage providers — conditions on licences ................... 25
44 Safety management system ................................................................................ 25
45 Designated person ............................................................................................... 25

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46 Pilots to hold Certificate of Medical Fitness ......................................................... 25
47 Pilot to remain on ship when in pilotage area ...................................................... 25
48 Under keel clearance requirements ..................................................................... 25
49 Pilot transfers ....................................................................................................... 26
50 Record keeping .................................................................................................... 26
51 Requirement to produce records and information ............................................... 26
52 Reporting for Torres Strait ................................................................................... 27
53 REEFREP reporting ............................................................................................. 27
54 Incident reporting ................................................................................................. 28
55 Pilot training ......................................................................................................... 28
56 Operational safety meeting .................................................................................. 28
57 Requirement to comply with fatigue risk management plan ................................ 29
Division 5 Fatigue risk management plan ........................................... 29
58 AMSA’s plan ........................................................................................................ 29
59 Pilotage provider’s plan ....................................................................................... 29
Division 6 Safety management system ............................................... 29
60 Meaning of safety management system ............................................................. 29
61 Designated person duties .................................................................................... 30
62 Mandatory requirements ...................................................................................... 30
63 Requirements for pilots ........................................................................................ 31
64 Provider to ensure pilot compliance..................................................................... 31
Division 7 Licensed pilots .................................................................... 31
Subdivision 7.1 Classes of pilot licences ..................................................................... 31
65 Meaning of pilot licences ..................................................................................... 31
66 Meaning of check pilot licence ............................................................................. 31
67 Meaning of unrestricted pilot licence ................................................................... 31
68 Meaning of restricted pilot licence ....................................................................... 32
69 Meaning of trainee pilot licence ........................................................................... 32
70 Meaning of licensee ............................................................................................. 32
Subdivision 7.2 Application, decision etc .................................................................... 32
71 Application ........................................................................................................... 32
72 Decision on application ........................................................................................ 33
73 Form of licence .................................................................................................... 33
74 Licence conditions ............................................................................................... 34
75 Licence term ........................................................................................................ 34
Subdivision 7.3 Amendment and revalidation ............................................................. 34
76 Amendment initiated by AMSA ............................................................................ 34
77 Amendment initiated by licensed pilot ................................................................. 35
78 Application for revalidation ................................................................................... 35
79 Decision on application for revalidation ............................................................... 36
80 Replacing when lost, stolen or destroyed ............................................................ 36
81 Requirement to notify change of name or address .............................................. 36
Subdivision 7.4 Eligibility requirements ....................................................................... 36
82 Trainee pilot licence ............................................................................................. 36
83 Restricted pilot licence ......................................................................................... 37
84 Draught limit for restricted pilot licence ................................................................ 38
85 Unrestricted pilot licence ...................................................................................... 38
86 Check pilot licence ............................................................................................... 39
87 Licence revalidation ............................................................................................. 40
Subdivision 7.5 Disciplinary action ............................................................................... 42
88 Grounds for disciplinary action ............................................................................ 42
89 Disciplinary action ................................................................................................ 42
90 Taking disciplinary action ..................................................................................... 42
91 Effect of suspension of licence ............................................................................ 43
92 Emergency disciplinary action ............................................................................. 43
Division 8 Licence conditions .............................................................. 44
93 Restricted and unrestricted pilots licences .......................................................... 44

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94 Requirements for pilotage through certain areas ................................................ 45
95 REEFREP reporting ............................................................................................. 45
96 Compliance with safety management system ..................................................... 46
97 Requirements to undertake training..................................................................... 46
Division 9 Check pilots — conditions ................................................. 46
98 General responsibilities ....................................................................................... 46
Division 10 Approved pilotage training courses .................................. 47
Subdivision 10.1 Definitions ............................................................................................ 47
99 Definitions for Division 10 .................................................................................... 47
Subdivision 10.2 Application, decision etc .................................................................... 47
100 Application ........................................................................................................... 47
101 Decision on application ........................................................................................ 47
102 Form of approval .................................................................................................. 48
103 Approval term ....................................................................................................... 48
104 Annual review ...................................................................................................... 48
105 Application for renewal ........................................................................................ 49
106 Decision on application for renewal ..................................................................... 49
107 Syllabus to be published by AMSA ...................................................................... 50
Subdivision 10.3 Auditing ................................................................................................ 50
108 When training course audit conducted ................................................................ 50
109 Who can conduct audit ........................................................................................ 50
110 Reason for auditing .............................................................................................. 50
111 Powers not limited by training course audit provisions ........................................ 51
112 Requirement to comply ........................................................................................ 51
Division 11 Torres Strait compulsory pilotage area ............................. 51
113 Torres Strait compulsory pilotage area — Act, s 186H (1) .................................. 51
Division 12 Administration of Part ......................................................... 51
114 Prescribed information for exemption from pilot requirement — Act,
s 186K (2) (b) .............................................................................................. 51
115 Meaning of reviewable decision — Division 12 ................................................... 52
116 Internal review of decisions ................................................................................. 52
117 Review by AAT .................................................................................................... 52
118 Power to extend time when decision making ...................................................... 52
119 Approved forms.................................................................................................... 53
Division 13 Transitional provisions ....................................................... 53
120 Pilotage provider licences .................................................................................... 53
121 Licensed pilots ..................................................................................................... 53
122 Pilot launches ....................................................................................................... 53
123 Training ................................................................................................................ 54
124 Helicopter underwater escape training ................................................................ 54
125 Division expiry ...................................................................................................... 54
Schedule 1 Pilot transfer standards ................................................ 55
Division 1.1 Preliminary ....................................................................................... 55
1.1 Application ............................................................................................. 55
Division 1.2 Pilot launch manning ...................................................................... 55
1.2 Manning ................................................................................................. 55
Division 1.3 Pilot launches .................................................................................. 55
1.3 Seaworthiness ....................................................................................... 55
1.4 Construction ........................................................................................... 55
1.5 Fittings ................................................................................................... 56
1.6 Design requirements.............................................................................. 56
1.7 Equipment .............................................................................................. 57
1.8 Personal protective equipment .............................................................. 58
1.9 Operation ............................................................................................... 58
Division 1.4 Transfers by helicopter .................................................................. 59
1.10 Helicopter standard ................................................................................ 59
Schedule 2 Check pilot conditions .................................................. 61

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2.1 Meaning of check pilot voyage .............................................................. 61
2.2 Performance criteria and checklists ....................................................... 61
2.3 Check pilots to be independent ............................................................. 61
2.4 Check pilot voyage considered voyage ................................................. 61
2.5 Planning check pilot voyage .................................................................. 61
2.6 Check pilot must advise performance criteria........................................ 61
2.7 Checklist ................................................................................................ 61
2.8 Pilot to be in control at all times ............................................................. 61
2.9 Check pilot to be on bridge .................................................................... 62
2.10 Conclusion of assessment ..................................................................... 62
2.11 Critical finding in assessment ................................................................ 62
2.12 Unsatisfactory assessment to be reported ............................................ 62
2.13 Assessment review ................................................................................ 62
2.14 Documents to be kept ............................................................................ 62
2.15 AMSA to ensure consistency in assessment......................................... 62
Schedule 3 Reviewable decisions.................................................... 63

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Division 1 General

Provision 1

Division 1 General
1 Name of Order
This Order is Marine Orders Part 54, issue 5.

2 Commencement
This Order commences on 1 July 2011.

3 Repeal of Marine Orders Part 54, issue 4

Marine Orders Part 54, issue 4 is repealed.

4 Purpose
This Part:
(a) makes provision for pilotage provider operations;
(b) makes provision for licensed pilots and the performance of pilot duties;
(c) designates the Torres Strait as a compulsory pilotage area;
(d) prescribes required information for application for an exemption from the
requirement to navigate with a pilot.

5 Power
5.1 Division 1 of Part IIIA of the Act provides for the regulations to provide for the
operations of pilotage providers.
5.2 Division 1 of Part IIIA of the Act also provides for the regulations to provide for
the licensing of pilots, the qualifications of pilots and the manner in which they
carry out their duties.
5.3 Section 186H of the Act provides for the regulations to specify waters that are
compulsory pilotage areas for Division 2 of Part IIIA.
5.4 Subsection 186K(2) of the Act provides that an application for an exemption
from the requirement to navigate with a pilot must contain the prescribed
information.
5.5 Subsection 425(1) of the Act provides for regulations to be made prescribing
matters required or permitted to be prescribed, or that are necessary or
convenient to be prescribed for carrying out or giving effect to the Act.
5.6 Subsection 425(1AA) of the Act provides for the making of orders about matters
that can be made by the regulations.

6 Definitions
In this Part:
accident means an unplanned event, during the course of a pilotage, in which a
ship, ship, vessel, person or the built or natural environment suffers injury or
damage.

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 General Division 1

Provision 6

Act means the Navigation Act 1912.

amend, for a licence, includes the following:
(a) amend an existing licence condition;
(b) impose a new licence condition;
(c) remove an existing licence condition.
AMSA means the Australian Maritime Safety Authority.
AMSA Act means the Australian Maritime Safety Authority Act 1990.
approved auditor — see provision 24.
approved fatigue risk management plan means a plan approved under
provision 59.
Certificate of Medical Fitness — see Marine Orders, Part 9 (Health — Medical
Fitness), provision 2, meaning of Certificate of Medical Fitness.
check pilot means a licensee who holds a check pilot licence.
check pilot licence — see provision 66.
chemical tanker means a cargo ship constructed or adapted and used for the
carriage in bulk of any liquid product listed in Chapter 17 of the IBC Code or
Chapter VI of the BCH Code, as defined in Marine Orders Part 17 (Liquefied
Gas Carriers and Chemical Tankers).
competency assessment means a process of checking the competency of a pilot
using an approved bridge simulator.
compliance audit, for a pilotage provider, means an audit conducted under
Subdivision 2.4 by or for AMSA to establish whether the pilotage provider
complies with this Part, including the requirements for a fatigue risk
management system and a safety management plan.
cruise ship anchorage means:
(a) for the Whitsundays Plan of Management 1998 — an anchorage specified
in the Great Barrier Reef Marine Park Regulations 1983; and
(b) for a cruise ship anchorage in the Great Barrier Reef Marine Park — see the
Great Barrier Reef Marine Park Regulations 1983, regulation 3.
Note Designated anchorage means a point or an area described in the Great Barrier Reef
Marine Park Regulations 1983, Schedule 1.
designated person — see provision 45.
disciplinary action:
(a) for disciplinary action against a pilotage provider — see provision 29; and
(b) for disciplinary action against a licensed pilot — see provision 89.
draught means the draught taken when a ship is stopped in water and not
making way.

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Division 1 General

Provision 6

fatigue risk management plan means:

(a) if a fatigue risk management plan is approved under provision 59 — the
approved fatigue risk management plan; or
(b) in any other case — the fatigue risk management plan published by AMSA
under provision 58.
gas carrier means a cargo ship constructed or adapted, and used, for the carriage
in bulk of any liquefied gas or other products listed in Chapter 19 of the IGC
Code or Chapter XIX of the GC Code, as defined in Marine Orders Part 17
(Liquefied Gas Carriers and Chemical Tankers).
Great North East Channel pilotage area means the area bounded by a line that
progressively joins, on geodesic lines, the following points:
Point Latitude Longitude
1 10 41.0S 141 50.0E
2 10 28.0S 141 50.0E
3 10 28.0S 142 27.0E
4 10 18.0S 142 48.0E
5 9 48.0S 143 08.0E
6 9 30.0S 143 24.0E
7 9 45.0S 143 24.0E
8 10 20.0S 143 00.0E
9 10 41.0S 141 50.0E
Hydrographers Passage pilotage area means the area defined as the
Hydrographers Passage under the Great Barrier Reef Marine Park Regulation
1983, regulation 118 (3).
inner route pilotage area means:
(a) the waters bounded by:
(i) the Australian mainland; and
(ii) the outer eastern edge of the Great Barrier Reef; and
(iii) the northern boundary of the Great Barrier Reef Region that is latitude
10º 41.00´S; and
(iv) latitude 1639.91S; and
(b) the Torres Strait, excluding the waters north of latitude 10º 28.00´S and east
of longitude 142º 39.00´E.
Note 1 For subpar (a) (ii), the outer eastern edge of the Great Barrier Reef is depicted on official
nautical charts produced by the Australian Hydrographic Service.
Note 2 For subpar (a) (iii), the Great Barrier Reef Region is defined in the Great Barrier Reef
Marine Park Act 1975.

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 General Division 1

Provision 6

internal audit means an examination of the measures and procedures of a

pilotage provider carried out by or for the pilotage provider to verify if the
measures and procedures mentioned in this Part have been implemented
correctly.
leave means a period when a pilot is not involved in pilotage duties and is not on
call or roster for an agreed time.
licensee, for a pilot licence — see provision 70.
oil tanker means a ship constructed and used for the carriage in bulk of
petroleum and petroleum products.
passage plan model means the model for detailed passage plans for pilotages in
the Great Barrier Reef and Torres Strait approved by AMSA for provision 93.
Note: Passage plan models for the Great Barrier Reef and Torres Strait are available on the
AMSA website.
penal provision means a penal provision for the Navigation (Orders)
Regulations 1980, regulation 4.
Note Navigation (Orders) Regulations 1980, r 4 (1), states:
(1) A person commits an offence if the person does not comply with a provision of an
order that is made under subsection 425 (1AA) of the Act and that is expressed to be
a penal provision.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
pilotage area means each of the areas mentioned in provision 8.
pilot launch means a vessel that is transferring a pilot to or from a ship for the
purpose of pilotage.
pilot licence — see provision 65.
pilotage provider licence means a licence issued to a person to conduct business
as a pilotage provider under Division 2.
pilot transfer standards means the standards mentioned in Schedule 1 for the
transfer of pilots to a ship for transit through a pilotage area.
REEFREP means the reporting system provided for in Marine Orders Part 56
(REEFREP).
REEFREP area — see Marine Orders Part 56 (REEFREP), provision 2,
definition of REEFREP area.
REEFVTS — see Marine Orders Part 56 (REEFREP), provision 2, definition of
REEFVTS.
restricted pilot licence — see provision 68.
safety management system — see provision 60.
State includes the Northern Territory.

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Division 1 General

Provision 7

Torres Strait means the waters bounded:

(a) on the south by latitude 10 41.00 S; and
(b) on the east:
(i) for a ship moving eastward — by longitude 143 22.00 E; or
(ii) for any other ship — by longitude 143 24.00 E; and
(c) on the north by the line of Australia’s exclusive economic zone; and
(d) on the west:
(i) for a ship of less than 8 m draught moving eastward — by longitude
142 05.00 E; or
(ii) for a ship of 8 m draught or more moving eastward — by longitude
141 50.00 E; or
(iii) for a ship moving westward — by longitude 141 51.70 E.
trainee pilot licence — see provision 69.
unrestricted pilot licence — see provision 67.
Whitsundays pilotage area means the area defined as the Whitsundays
compulsory pilotage area by the Great Barrier Reef Marine Park Regulation
1983, regulation 118 (4).
Note Terms used in this Part have the same meaning that they have in the Act. For example, the
following terms are defined in the Act:
 Australian coastal sea
 licensed pilot
 pilot
 pilotage provider
 ship.

7 Interpretation
In this Part, the position of a meridian of longitude or a parallel of latitude is
with reference to the World Geodetic System 1984.

8 Application — Act, s 186H (1)

This Part applies to pilots and pilotage of ships in, or in transit to or from, any of
the following parts of the Australian coastal sea:
(a) the Great North East Channel pilotage area;
(b) Hydrographers Passage pilotage area;
(c) the inner route pilotage area;
(d) the Whitsundays compulsory pilotage area.
Note Pr 113 prescribes the Torres Strait which incorporates the Great North East Channel to be
a compulsory pilotage area. The Great Barrier Reef Marine Park Regulations 1983 prescribe the
Hydrographers Passage, the inner route and the Whitsundays compulsory pilotage area to be

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 Pilotage providers Division 2
Penal provision Subdivision 2.1
Provision 11

compulsory pilotage areas for the Great Barrier Reef Marine Park Act 1975 — see Great
Barrier Reef Marine Park Regulation 1983, r 118.

Division 2 Pilotage providers

Subdivision 2.1 Penal provision

9 Unlicensed pilotage provider

A person who conducts business as a pilotage provider must hold a pilotage
provider licence issued under this Division.
This is a penal provision.

Subdivision 2.2 Application and decision

10 Application
10.1 A person (the applicant) may apply to AMSA for a pilotage provider licence.
Note 1 Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2 A fee may be determined for this provision — see the AMSA Act, s 47.
10.2 The application must:
(a) be in writing; and
(b) include the applicant’s proposed safety management system.
Note 1 Safety management system requirements are set out in Division 6.
Note 2 If a form is approved for an application, the approved form must be used — see pr 119.
10.3 AMSA may, in writing, require the applicant to give AMSA additional
information or documents that AMSA reasonably needs to decide the
application.
10.4 If AMSA requires additional information or documents of an applicant under
provision 10.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.
10.5 AMSA must, not later than 1 month after AMSA receives the application,
undertake a compliance audit of the applicant under provision 23.
10.6 If the applicant does not comply with a requirement under Subdivision 2.4,
AMSA must refuse to consider the application.

11 Decision on application
11.1 This provision applies if AMSA receives an application for a pilotage provider
licence under provision 10.
11.2 AMSA must, not later than 3 months after AMSA receives the application:
(a) decide the application; and
(b) tell the applicant, in writing, about the decision on the application.

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Division 2 Pilotage providers
Subdivision 2.2 Application and decision
Provision 12

11.3 AMSA must:

(a) issue the licence; or
(b) refuse to issue the licence.
Note A decision under this provision is a reviewable decision (see pr 115).
11.4 If AMSA does not issue a pilotage provider licence to the applicant within
3 months after receiving the application, AMSA is taken to have refused to issue
the licence.
11.5 AMSA may issue a pilotage provider licence to the applicant only if AMSA is
satisfied that:
(a) the compliance audit undertaken under Subdivision 2.4 for the application
shows the systems established for the purpose of becoming a pilotage
provider by the applicant comply with this Part; and
(b) the applicant can comply with the Act.
11.6 Provision 11.5 does not limit the matters AMSA may consider in making a
decision under this provision.
11.7 When AMSA issues a pilotage provider licence to the applicant under this
provision, it is taken to have approved the applicant’s proposed safety
management system.

12 Form of licence
12.1 A licence issued under provision 11 must:
(a) be in writing; and
(b) state the following:
(i) the name of the pilotage provider;
(ii) the pilotage provider’s ABN;
(iii) if the pilotage provider is a corporation — the pilotage provider’s ACN;
(iv) the address of the principal place of business for the pilotage provider;
(v) when the licence comes into force;
(vi) when the licence expires;
(vii) the conditions on the licence imposed by AMSA under provision 13.2.
12.2 AMSA may include anything else in the licence AMSA considers relevant.

13 Licence conditions
13.1 A pilotage provider licence is subject to the condition that the provider comply
with the Act.
Note Division 4 sets out specific conditions for all pilotage provider licences.
13.2 A licence is also subject to any other condition imposed by AMSA when the
licence is issued, renewed or amended.

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 Pilotage providers Division 2
Amendment, annual review, renewal, etc Subdivision 2.3
Provision 16

14 Licence term
14.1 A pilotage provider licence comes into force on the day it is issued.
14.2 A pilotage provider licence expires:
(a) 5 years after the day when the licence is issued; or
(b) if AMSA determines an earlier expiry day — on that day.

Subdivision 2.3 Amendment, annual review, renewal, etc

15 Amendment initiated by AMSA

15.1 AMSA may, by written notice (an amendment notice) given to a person holding
a pilotage provider licence, amend the licence.
Note amend includes amend, impose or remove a licence condition — see pr 6.
15.2 However, AMSA may amend the pilotage provider licence only if:
(a) AMSA has given the pilotage provider written notice (a proposal notice) of
the proposed amendment; and
(b) the proposal notice states that written comments on the proposal may be
made to AMSA before the end of a stated period of at least 1 month after
the proposal notice is given to the provider; and
(c) after the end of the stated period, AMSA has considered any comments
made in accordance with the notice.
15.3 Provision 15.2 does not apply if the pilotage provider applied for, or agreed in
writing to, the amendment.
15.4 AMSA may undertake a compliance audit under provision 23 for the purpose of
making a decision under this provision.
15.5 The amendment takes effect on the day the amendment notice is given to the
pilotage provider or a later day stated in the notice.

16 Amendment initiated by provider

16.1 The holder of a pilotage provider licence may apply to AMSA to amend the
licence.
Note 1 A fee may be determined for this provision — see the AMSA Act, s 47.
Note 2 amend includes amend, impose or remove a licence condition — see pr 6.
16.2 An application under this provision must:
(a) be in writing; and
(b) state the way the licence is proposed to be amended.
Note If a form is approved for an application, the approved form must be used — see pr 119.
16.3 AMSA may, in writing, require the provider to give AMSA additional
information or documents that AMSA reasonably needs to decide the
application.

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Division 2 Pilotage providers
Subdivision 2.3 Amendment, annual review, renewal, etc
Provision 17

16.4 AMSA may undertake a compliance audit under provision 23 on receipt of an

application under this provision.
16.5 If AMSA requires additional information or documents of an applicant under
provision 16.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.
16.6 If the provider does not comply with a requirement under Subdivision 2.4,
AMSA must refuse to consider the application.
16.7 AMSA must, not later than 1 month after AMSA receives the application:
(a) decide the application for amendment; and
(b) tell the pilotage provider, in writing, about the decision on the application.
16.8 AMSA must:
(a) amend the licence; or
(b) refuse to amend the licence.
Note A decision under this provision is a reviewable decision — see pr 115.
16.9 If AMSA does not amend the licence within 1 month after receiving the
application, AMSA is taken to have refused to amend the licence.

17 Annual review
17.1 This provision applies if:
(a) a pilotage provider licence is issued for a term longer than 12 months; and
(b) the licence is otherwise in force.
17.2 The pilotage provider must apply, in writing, to AMSA for annual review of the
pilotage provider licence no later than 3 months before the anniversary of the
day the licence was issued.
Note 1 If a form is approved for an application, the approved form must be used — see pr 119.
Note 2 A fee may be determined for this provision — see the AMSA Act, s 47.
17.3 AMSA may undertake a compliance audit under provision 23 on receipt of an
application under this provision.
17.4 If the pilotage provider does not apply for annual review in accordance with
provision 17.2, the licence is suspended from the anniversary date.
17.5 If a pilotage provider’s licence is suspended under provision 17.4, the pilotage
provider may apply for reinstatement of the suspended licence under
provision 32.
17.6 For provision 17.4, AMSA is taken to have undertaken an annual review of the
licence when AMSA undertakes a compliance audit for provision 32.
17.7 If the applicant does not comply with a requirement under Subdivision 2.4,
AMSA must suspend the pilotage provider licence.
Note If AMSA identifies non-compliance with the Part as part of the audit, AMSA may impose
a condition as part of disciplinary action — see Division 2.5.

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Amendment, annual review, renewal, etc Subdivision 2.3
Provision 19

18 Application for renewal

18.1 The holder of a pilotage provider licence may apply to AMSA to renew the
licence.
Note A fee may be determined for this provision — see the AMSA Act, s 47.
18.2 The application must be:
(a) in writing; and
(b) received by AMSA no later than 3 months before the licence expires.
Note If a form is approved for an application, the approved form must be used — see pr 119.
18.3 AMSA may, in writing, require the applicant to give AMSA additional
information or documents that AMSA reasonably needs to decide the
application.
18.4 If AMSA requires additional information or documents of an applicant under
provision 18.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.
18.5 AMSA must, not later than 1 month after AMSA receives the application,
undertake a compliance audit of the applicant under provision 23.
18.6 If a pilotage provider applies to renew a licence under this provision, the licence
remains in force until the application is decided.
18.7 If the pilotage provider does not comply with a requirement under
Subdivision 2.4, AMSA must refuse to consider the application.

19 Decision on application for renewal

19.1 This provision applies if AMSA receives an application for renewal of a
pilotage provider licence under provision 18.
19.2 AMSA must not later than 2 months after AMSA receives the application:
(a) decide the application for renewal; and
(b) tell the pilotage provider, in writing, about the decision on the application.
19.3 AMSA must:
(a) renew the licence; or
(b) refuse to renew the licence.
Note A decision under this provision is a reviewable decision — see pr 115.
19.4 If AMSA does not renew the pilotage provider licence of the pilotage provider
within 3 months after receiving the application, AMSA is taken to have refused
to issue the licence.
19.5 AMSA may renew a pilotage provider licence only if it is satisfied that:
(a) the compliance audit undertaken under Subdivision 2.4 for the application
shows the systems of the pilotage provider comply with this Part; and
(b) the pilotage provider can comply with the Act.

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Subdivision 2.4 Compliance audits
Provision 20

19.6 Provision 19.5 does not limit the matters AMSA may consider in making a
decision under this provision.

20 Surrender of licence
20.1 A pilotage provider may surrender a pilotage provider licence issued to the
provider, that is in force or not in force, by giving written notice (a surrender
notice) of the surrender to AMSA.
20.2 The surrender notice must be accompanied by:
(a) the licence; or
(b) if the licence has been lost, stolen or destroyed — a statutory declaration
signed by the pilotage provider stating that the licence has been lost, stolen
or destroyed.
Note 1 If a form is approved for an application, the approved form must be used — see pr 119.
Note 2 The Statutory Declarations Act 1959 applies to the making of statutory declarations.

21 Requirement to return licence

If a person ceases to be a licensed pilotage provider before the person’s licence
expires under provision 14, the person must return the licence to AMSA no later
than 14 days after the person ceases to be a licensed pilotage provider.

22 Requirement to notify change of name or address

If a pilotage provider’s name or address changes, the provider must, as soon as
practicable but no later than 1 month after the change happens, tell AMSA, in
writing, about the change.

Subdivision 2.4 Compliance audits

23 When compliance audit conducted

23.1 AMSA, or an approved auditor on behalf of AMSA, may conduct a compliance
audit of a person in any of the following circumstances:
(a) the person applies for a pilotage provider licence under provision 10;
(b) AMSA decides to amend the person’s pilotage provider licence under
provision 15;
(c) the person applies for an amendment of the person’s pilotage provider
licence under provision 16;
(d) the person applies for an annual review of the person’s pilotage provider
licence under provision 17;
(e) the person applies for a renewal of the person’s pilotage provider licence
under provision 18;
(f) the person applies for reinstatement of a suspended pilotage providers
licence under provision 32;

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Compliance audits Subdivision 2.4
Provision 25

(g) AMSA determines that a pilotage provider may not be complying with
provisions of this Part other than for conduct that is the subject of a
suspension of a pilotage provider under Division 3;
(h) AMSA determines it is necessary to undertake an audit of a pilotage
provider at any time other than a time mentioned in paragraphs (a) to (g).
Note 1 approved auditor — see pr 24.
Note 2 For reasons for auditing — see pr 25.
Note 3 A fee may be determined for this provision — see the AMSA Act, s 47.
23.2 An approved auditor must conduct an audit in accordance with the directions of
AMSA.

24 Persons approved to conduct audits

24.1 For an audit required by AMSA, AMSA may approve a person (an approved
auditor) to conduct the audit on behalf of AMSA.
24.2 This provision does not prevent AMSA from conducting an audit itself.

25 Reason for audit

25.1 A compliance audit under this Subdivision may be conducted for the purpose of:
(a) substantiating information provided to AMSA; or
(b) deciding whether the person has complied with the Act or the conditions of
the person’s pilotage provider licence or proposed pilotage provider
licence.
25.2 A compliance audit under this Subdivision may be conducted for the purpose of
identifying:
(a) compliance with provisions of this Part; or
(b) the effectiveness of the pilotage provider’s safety management system; or
(c) eligibility of a person to hold a pilotage provider licence; or
(d) compliance with any conditions on holding a pilotage provider licence.
25.3 For this provision, a compliance audit under this Subdivision may review all
aspects of the person’s systems that are relevant to this Part including the
following:
(a) roles and responsibilities of key staff employed by the person;
(b) fatigue risk management;
(c) safety management;
(d) contingency planning;
(e) workplace health and safety;
(f) operational systems and procedures;
(g) manuals and guidance material management;
(h) internal controls;

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Subdivision 2.5 Disciplinary action
Provision 26

(i) communication with AMSA;

(j) pilot training;
(k) record keeping;
(l) pilot launch compliance.

26 Powers not limited by compliance audit provisions

This Subdivision does not limit the power of AMSA to inquire into the activities
of a pilotage provider.

27 Requirement to comply
A person who is the subject of a compliance audit under this Subdivision must
comply with the reasonable requirements of the person conducting an audit
under this Subdivision.

Subdivision 2.5 Disciplinary action

28 Grounds for disciplinary action

Each of the following is a ground for disciplinary action against a pilotage
provider holding a pilotage provider licence:
(a) the provider gave information to AMSA for the application for, or an
application for amendment or renewal of, the provider’s licence that was
false or misleading;
(b) the provider has contravened, or is contravening, the Act (including this
Part);
(c) the provider has contravened, or is contravening, a law of the
Commonwealth (other than the Act) or a State.

29 Disciplinary action
Each of the following is disciplinary action when taken against a person who
holds a pilotage provider licence:
(a) reprimanding the person;
(b) directing the person to do a stated thing;
(c) amending the pilotage provider licence, including by imposing a condition
on the licence or amending an existing condition of the licence;
(d) suspending the pilotage provider licence:
(i) for a stated period; or
(ii) until a stated event happens;
(e) cancelling the pilotage provider licence;
(f) disqualifying the person from applying for a pilotage provider licence:
(i) for a stated period; or

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Disciplinary action Subdivision 2.5
Provision 32

(ii) until a stated event happens.

30 Taking disciplinary action

30.1 If AMSA proposes to take disciplinary action in relation to a person, AMSA
must give the person a written notice (a disciplinary notice) that:
(a) states the proposed disciplinary action (including any proposed
disqualification period, suspension period or amendment of a pilotage
provider licence); and
(b) states the grounds for the proposed disciplinary action; and
(c) tells the person that the person may, not later than 1 month after the day the
person receives the notice, give a written response to AMSA about the
notice.
30.2 In deciding whether to take disciplinary action, AMSA must consider any
response given to AMSA by the person in accordance with the disciplinary
notice.
30.3 AMSA may take the proposed disciplinary action against the person if satisfied
that:
(a) a ground for taking disciplinary action has been established for a person;
and
(b) if the ground is a ground mentioned in paragraph 28 (c) — it is in the public
interest for the proposed disciplinary action to be taken against the person.
Note A decision under this provision is a reviewable decision — see pr 115.
30.4 AMSA must give the person written notice of AMSA’s decision.
30.5 Disciplinary action under this provision takes effect when the notice of the
decision is given to the person or, if the notice states a later date of effect, that
date.
Note For the surrender of the pilotage provider licence to AMSA — see pr 20.

31 Effect of suspension of licence

If a pilotage provider licence is suspended, the licence does not authorise the
provider to carry on any activity authorised by the pilotage provider licence
during the suspension.

32 Application for reinstatement of suspended licence

32.1 This provision applies to a pilotage provider if the provider:
(a) has a pilotage provider licence; and
(b) the licence is suspended.
32.2 The provider may apply, in writing, for reinstatement of the suspended licence
7 days, or a shorter time determined by AMSA, after the licence is suspended.
Note If a form is approved for an application, the approved form must be used — see pr 119.

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Subdivision 2.5 Disciplinary action
Provision 33

32.3 AMSA may, in writing, require the provider to give AMSA additional
information or documents that AMSA reasonably needs to decide the
application.
32.4 AMSA may conduct a compliance audit under provision 23.
32.5 If AMSA requires additional information or documents of an applicant under
provision 32.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.
32.6 If the provider does not comply with a requirement under Subdivision 2.4,
AMSA must refuse to consider the application.

33 Decision to reinstate suspended licence

33.1 This section applies if AMSA receives an application for reinstatement of a
suspended pilotage provider licence under provision 32.
33.2 AMSA must, not later than 2 months after the day AMSA receives the
application:
(a) decide the application for reinstatement; and
(b) tell the pilotage provider, in writing, about the decision on the application.
33.3 AMSA must:
(a) reinstate the licence; or
(b) refuse to reinstate the licence.
Note A decision under this provision is a reviewable decision — see pr 115.
33.4 If AMSA undertakes a compliance audit under provision 23, AMSA may
reinstate the licence only if satisfied that the compliance audit shows the
pilotage provider complies with this Part.
33.5 Provision 33.4 does not limit the matters AMSA may consider in making a
decision under this provision.
33.6 If AMSA does not reinstate the licence within 2 months after receiving the
application, AMSA is taken to have refused to reinstate the licence.

34 Taking disciplinary action subject to demerit points system

AMSA must not take disciplinary action against a person if the person is, at the
time the disciplinary action would otherwise have been taken, involved in a
disciplinary incident under Division 3.
Note If a pilotage provider licence is suspended under Division 3, AMSA may reprimand the
provider, direct the provider to do a stated thing or require the provider to complete a stated
course of training to the satisfaction of AMSA or another stated person — see pr 40.3.

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 Demerit points Division 3
Definitions Subdivision 3.1
Provision 36

Division 3 Demerit points

Subdivision 3.1 Definitions

35 Definitions for Division 3

In this Division:
compliance period, for a person holding a pilotage provider licence, means the
period of 1 year beginning on the day when the pilotage provider licence was
last issued, or any 1 year period beginning on the anniversary of that day.
demerit infringement, for a person holding a pilotage provider licence, means
an infringement against a provision mentioned in table 36.3.
demerit points register means the register under provision 42.
disciplinary incident, for a person holding a pilotage provider licence, means
the contravention of a condition of a person’s pilotage provider licence that gave
rise to the demerit infringement.
maximum demerit points, for a pilotage provider licence during a compliance
period, means:
(a) for a licence reinstated under provision 33 — the number of demerit points
calculated in accordance with provision 39.3 for the remainder of the
compliance period; or
(b) in any other case — 40 demerit points.

Subdivision 3.2 Demerit points

36 Demerit infringements and points

36.1 A pilotage provider incurs demerit points if the provider is responsible for a
infringement against a provision mentioned in table 36.3.
36.2 The number of demerit points incurred for a demerit infringement is the number
mentioned in table 36.3 for the infringement.
Table 36.3 Demerit grounds and points
Item Provision Description Demerit
points
1 54 Fail to report incident within 4 hours after the incident 2
occurred
2 54 Fail to report incident within 10 hours after the incident 5
occurred
3 51 Fail to produce records or information 5
4 46 Fail to ensure that pilot holds Certificate of Medical Fitness 18
5 29 Fail to comply with direction that is disciplinary action 18
6 47 Fail to ensure that pilot remains onboard piloted ship in 18
pilotage area unless authorised by AMSA

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Subdivision 3.2 Demerit points
Provision 37

Item Provision Description Demerit

points
7 48 Fail to ensure pilot complies with under keel clearance 18
requirements
8 57 Fail to ensure pilot complies with the pilotage provider’s 7
fatigue risk management plan — first infringement in
compliance period
9 57 Fail to ensure pilot complies with the pilotage provider’s 14
fatigue risk management plan — second infringement in
compliance period
10 57 Fail to ensure pilot complies with the pilotage provider’s 21
fatigue risk management plan — third infringement in
compliance period
36.3 A provider who incurs demerit points for an infringement mentioned in item 2
of table 36.3 does not incur demerit points for an infringement mentioned in
item 1 of table 36.3 for the same incident.

37 Recording demerit points

37.1 If a pilotage provider incurs demerit points under provision 36, AMSA must:
(a) record the points in the demerit points register; and
(b) tell the pilotage provider, in writing:
(i) the number of demerit points the provider has incurred for the demerit
infringement; and
(ii) the number of demerit points the provider may incur in the compliance
period before the provider’s licence is suspended.
37.2 Failure to comply with provision 37.1 does not affect the validity of anything
done by AMSA.

38 When demerit points incurred

A demerit point is taken to have been incurred on the day when AMSA records
the points in the register.

39 Clearing demerit points

39.1 This provision applies to demerit points incurred by a licensed pilotage provider,
recorded in the demerit points register and taken into account for:
(a) a notice of licence suspension under section 40; or
(b) other action allowed to be taken under provision 40.3.
39.2 AMSA must:
(a) delete all demerit points for the provider from the register at the end of a
compliance period; or
(b) if a pilotage provider licence is suspended:
(i) delete all demerit points for the licence from the register; and

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Demerit points Subdivision 3.2
Provision 40

(ii) set the maximum number of demerit points, in accordance with

provision 39.3, that the provider may incur within the remainder of the
compliance period when the licence is reinstated in accordance with
provision 33.
39.3 If AMSA deletes demerit points from the register under paragraph 39.2 (b),
AMSA must set the maximum number of demerit points for the pilotage
provider licence for the remainder of the compliance period, worked out as
follows:
40
 days
365
where:
days is the number of days remaining in the compliance period.
39.4 This provision does not prevent AMSA keeping a record of cleared demerit
points.

40 Suspension of pilotage provider licence

40.1 If a pilotage provider incurs the maximum demerit points or more in a
compliance period, the provider’s pilotage provider licence is suspended and
remains suspended until reinstated.
40.2 AMSA must give notice of licence suspension under provision 41 to the pilotage
provider and the pilotage provider may continue to operate as a pilotage
provider until the provider receives, or is taken to have received, the notice.
40.3 AMSA, on suspension of a licence under this provision, may also take the
following disciplinary action against the pilotage provider:
(a) reprimand the provider;
(b) direct the provider to do a stated thing;
(c) require the provider to complete a stated course of training to the
satisfaction of AMSA or another stated person;
(d) on reinstating the licence — amend the pilotage provider licence, including
by imposing a condition on the licence or amending an existing condition
of the licence.
Note For how disciplinary action is taken against the provider — see Subdivision 2.5.
40.4 In considering what disciplinary action to take under provision 40.3, AMSA
must take into account the following matters:
(a) the need to protect public safety;
(b) the need to protect the marine environment;
(c) the regularity of the disciplinary incidents to which the demerit points
relate;
(d) the seriousness of the disciplinary incidents to which the demerit points
relate;
(e) the likelihood of further disciplinary incidents relating to the provider.

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Subdivision 3.3 Demerit points register
Provision 41

40.5 AMSA may, in considering what disciplinary action to take under

provision 40.3, take into account any other relevant consideration.
40.6 Suspension of the licence under provision 40.2 comes into effect when the
notice is served under provision 41.

41 Suspension notice
A notice of suspension served on a pilotage provider by AMSA under this
Division must state the following:
(a) the date of the notice;
(b) the demerit infringements that have occurred;
(c) the demerit points incurred for each demerit infringement;
(d) that the decision of AMSA to reinstate the licence depends on AMSA being
satisfied with the outcome of a compliance audit of the provider;
(e) that the pilotage provider may apply for reinstatement of the pilotage
provider licence under provision 32 no earlier than 7 days, or a shorter time
determined by AMSA, after the date of the notice;
(f) that conditions may be imposed on the reinstated licence.

Subdivision 3.3 Demerit points register

42 The register
42.1 AMSA must keep a register of demerit points for each pilotage provider licence
(the demerit points register).
42.2 The register may include licence information given to AMSA under this Part
other than information relating to demerit points.
42.3 The register may be kept in any form, including electronically, that AMSA
decides.
42.4 The register may be kept in 1 or more parts, as AMSA considers appropriate.
42.5 AMSA must make information in the register available for public inspection.
Example
The register may be available on AMSA’s website at http://www.amsa.gov.au.

43 Corrections
43.1 AMSA may correct a mistake, error or omission in the demerit points register.
43.2 AMSA may change a detail included in the register to keep the register up to
date.

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Division 4 Pilotage providers — conditions on licences

Note Failure to comply with a condition of a pilotage provider licence may result in
disciplinary action against the provider under Subdivision 2.5, or in the provider incurring
demerit points under Division 3.

44 Safety management system

The following are conditions of a pilotage provider licence:
(a) that the provider have a safety management system and that the provider
complies with the system;
(b) that the provider monitor the implementation, operation and effectiveness
of the provider’s safety management system;
(c) that the provider undertake internal audits of the safety management system
at least once in each calendar year;
(d) that the provider ensures that each licensed pilot whom the provider assigns
to the transit of a ship through a pilotage area, whether as employee of the
provider or otherwise, complies with the safety management system;
(e) that the provider makes the safety management system available in a place
where pilots whom the provider assigns to the transit of ships have access.
Note For compliance with the safety management system by licensed pilots — see Division 6.

45 Designated person
It is a condition of a pilotage provider licence that the provider designates a
stated individual (the designated person) to have responsibilities under this
Division.
Note For designated person duties — see pr 61.

46 Pilots to hold Certificate of Medical Fitness

It is a condition of a pilotage provider licence that the provider does not assign a
pilot to the transit of a ship through a pilotage area unless the pilot holds a
Certificate of Medical Fitness.

47 Pilot to remain on ship when in pilotage area

47.1 This provision applies to a pilotage provider if the provider assigns a licensed
pilot to the transit of a ship (the piloted ship) through a pilotage area.
47.2 It is a condition of a pilotage provider licence to which this provision applies
that the provider ensures a licensed pilot employed or contracted by the provider
remains onboard the piloted ship at all times the ship is in the pilotage area
unless otherwise authorised by AMSA.

48 Under keel clearance requirements

48.1 This provision applies to a pilotage provider if the provider assigns a licensed
pilot to the transit of a ship through the Prince of Wales Channel, the Gannet
Passage or the Varzin Passage.

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48.2 It is a condition of a pilotage provider licence to which this provision applies

that the provider ensures the pilot complies with provision 94.

49 Pilot transfers
It is a condition of a pilotage provider licence that:
(a) a pilot transfer conducted by the provider complies with the pilot transfer
standards mentioned in Schedule 1; and
(b) for a sea transfer — the pilot launch used in the transfer:
(i) meets the requirements of the survey authority registering the launch;
(ii) has a current survey certificate; and
(c) for a helicopter transfer — the transfer complies with Division 1.3 of
Schedule 1.

50 Record keeping
It is a condition of a pilotage provider licence that the pilotage provider keep
records required by the Safety Management System for at least 5 years after the
record was made.

51 Requirement to produce records and information

Note For this Part, AMSA has powers under the Act, s 413 to require the production of
documents and other information.
51.1 It is a condition of a pilotage provider licence that the provider must, on a
request from an authorised person, produce:
(a) for each pilot and pilot launch crew employed or contracted by the
provider, details of the following:
(i) qualifications including a Certificate of Medical Fitness or, for a licence
issued by a State or other country, a medical certificate issued by the
authority issuing the licence;
(ii) training courses, professional development courses and drills
undertaken;
(iii) records created for the fatigue risk management plan;
(iv) the service date of each personal flotation device used by each pilot or
pilot launch crew member;
(v) for a pilot — the number of check voyages undertaken for the purpose
of renewing the pilot’s licence or restricted pilot licence; and
(b) for each pilot launch owned or operated by the provider — survey details of
the launch and certification details for all safety equipment required to be
on the launch; and
(c) details of internal audits conducted by or on behalf of the provider; and

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(d) the agenda and minutes of any operational safety meeting conducted by the
provider.
Note for par (a) It is a condition of pilotage provider licence that records required by the Safety
Management System are kept for at least 5 years after the record was made — see pr 50.
51.2 In this provision:
authorised person means a person to whom AMSA has delegated a function for
this Part under the AMSA Act, section 58.
operate, a pilot launch, includes chartering the launch.
operational safety meeting — see provision 56.

52 Reporting for Torres Strait

52.1 This provision applies to a pilotage provider that assigns, or intends to assign, a
licensed pilot to the transit of a ship through the Torres Strait.
52.2 It is a condition of a pilotage provider licence that the provider tell AMSA the
pilotage detail:
(a) if the pilotage provider receives the request for a pilot within 48 hours
before the pilot is needed — as soon as practicable; or
(b) in any other case — no later than 48 hours before the pilotage commences.
52.3 In this provision:
pilotage detail, for a pilotage of the Torres Strait, means the following:
(a) the name of the proposed pilot;
(b) the booking number for the pilotage;
(c) the name of the ship that is to be piloted;
(d) the call sign of the ship that is to be piloted;
(e) the IMO number of the ship that is to be piloted;
(f) when the pilot will board the ship;
(g) where the pilot will board the ship.

53 REEFREP reporting
53.1 This provision applies to a pilotage provider that assigns, or intends to assign, a
licensed pilot to the transit of a ship through the REEFREP area.
53.2 It is a condition of a pilotage provider licence that the pilotage provider ensure
that the pilot employed or contracted by the provider to pilot a ship report to
REEFVTS in accordance with provision 95.

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Provision 54

54 Incident reporting
54.1 It is a condition of a pilotage provider licence that, after any incident involving a
pilot launch or ship piloted by a person contracted or employed by the pilotage
provider, the pilotage provider:
(a) after an incident involving a pilot launch — tells AMSA about the incident
before the end of the next business day after the day of the incident; and
(b) after an incident involving a ship piloted by the person — tells AMSA
about the incident within 4 hours after the incident; and
(c) if requested by AMSA, give AMSA written details of the incident within 72
hours after the request is made.
Note If a form is approved for this purpose, the approved form must be used — see pr 119.
54.2 In this provision:
incident, involving a pilot launch or ship piloted by a person contracted or
employed by a provider, includes the following:
(a) any form of collision between the launch or ship and something else;
(b) a grounding of the launch or ship;
(c) structural failure of the launch or ship;
(d) an injury to or illness of a person that may affect the safe operation of the
launch or ship;
(e) a close quarters event involving the launch or ship;
(f) a near miss involving the launch or ship;
(g) pollution from the launch or ship;
(h) fire on board the launch or ship;
(i) machinery or equipment failure on board the launch or ship that may affect
the safe operation of the launch or ship.

55 Pilot training
It is a condition of a pilotage provider licence that the pilotage provider provides
the training that a licensed pilot must undertake for provision 97.

56 Operational safety meeting

56.1 It is a condition of a pilotage provider licence that the provider conduct a
meeting to discuss operational safety issues with the designated person,
employees and pilotage crew not less than once every 2 months.
56.2 In this provision:
pilotage crew — see provision 57.2.

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Provision 60

57 Requirement to comply with fatigue risk management plan

57.1 It is a condition of a pilotage provider licence that the pilotage crew of the
provider comply with:
(a) the fatigue risk management plan published by AMSA; or
(b) if AMSA approves a fatigue risk management plan for the pilotage provider
under provision 59 — that fatigue risk management plan.
57.2 In this provision:
pilotage crew, of a pilotage provider means:
(a) any pilot contracted or employed by the provider; and
(b) the crew of any pilot launch operated by the provider.

Division 5 Fatigue risk management plan

58 AMSA’s plan
AMSA must publish a fatigue risk management plan for pilotage providers and
for licensed pilots on AMSA’s website.
Note AMSA’s website is http://www.amsa.gov.au.

59 Pilotage provider’s plan

59.1 A pilotage provider may apply to AMSA for approval of a fatigue risk
management plan that differs from the fatigue risk management plan published
by AMSA.
Note If a form is approved for an application, the approved form must be used — see pr 119.
59.2 If AMSA is satisfied with the pilotage provider’s fatigue risk management plan,
AMSA must approve the plan.
Note A fee may be determined for this provision — see the AMSA Act, s 47.

Division 6 Safety management system

60 Meaning of safety management system
In this Part:
safety management system, for a pilotage provider, means a system for
coordinating and managing the provider’s operations that minimises the risk of
personal injury and environmental damage.
Note A safety management system for a pilotage provider is initially approved by AMSA when
the provider applies for a licence — see pr 10. A change in the safety management system is
approved through the approval of an amendment to the pilotage provider licence — see pr 15
and 16.

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Provision 61

61 Designated person duties

A person appointed by a pilotage provider as a designated person for the
provider’s safety management system under provision 45 is responsible for the
following:
(a) monitoring the safety and pollution prevention aspects of the operation of
each pilotage;
(b) monitoring the safety and pollution aspects of the operation of each pilot
launch operated by the provider;
(c) ensuring that there are adequate resources and shore based support when
required;
(d) maintaining the provider’s system, in particular:
(i) verifying the effectiveness and implementation of the system;
(ii) reporting any deficiencies to the responsible level of management of the
provider;
(iii) identifying 1 or more persons responsible for rectifying deficiencies;
(e) being fully conversant with the provider’s system and safety and
environmental protection policies;
(f) organising internal audits of the provider’s system and ensuring appropriate
corrective action is taken after an audit.

62 Mandatory requirements
62.1 A safety management system for a pilotage provider must describe the following
to the satisfaction of AMSA:
(a) how the provider’s work practices are conducted safely;
(b) how the provider complies with the applicable fatigue risk management
plan;
(c) how risks are identified and minimised;
(d) how the provider complies with the Act;
(e) how the provider ensures that all licensed pilots are trained to comply with
this Part;
(f) how the provider ensures compliance with the under keel clearance
requirements.
62.2 The safety management system must include the following information:
(a) requirements for internal audits;
(b) how the system is revised and kept up to date;
(c) a statement of the procedures for carrying out corrective actions;
(d) incident reporting and investigation methods;
(e) a drug and alcohol policy for staff of the provider and people employed or
contracted by the provider.

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Classes of pilot licences Subdivision 7.1
Provision 67

63 Requirements for pilots

A safety management system for a pilotage provider must include provisions
that, to the satisfaction of AMSA, ensure that licensed pilots employed or
contracted by the provider do the following:
(a) understand the safety management system;
(b) conduct pilotages in accordance with this Part;
(c) have appropriate resources to undertake pilotages under this Part.

64 Provider to ensure pilot compliance

The pilotage provider, in implementing a safety management system must
ensure that licensed pilots employed or contracted by the provider:
(a) are trained to identify and minimise risks; and
(b) comply with the Act.

Division 7 Licensed pilots

Subdivision 7.1 Classes of pilot licences

65 Meaning of pilot licences

In this Part:
pilot licence means:
(a) a check pilot licence; or
(b) a unrestricted pilot licence; or
(c) a restricted pilot licence; or
(d) a trainee pilot licence.

66 Meaning of check pilot licence

In this Part:
check pilot licence means a pilot licence that authorises the licensee to perform
check pilot duties for a stated pilotage area.
Note For check pilot duties — see pr 98 and Schedule 2.

67 Meaning of unrestricted pilot licence

In this Part:
unrestricted pilot licence means a pilot licence that authorises the licensee to be
a licensed pilot for the purpose of piloting a ship in a stated pilotage area.

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Subdivision 7.2 Application, decision etc
Provision 68

68 Meaning of restricted pilot licence

68.1 In this Part:
restricted pilot licence means a pilot licence that authorises the licensee to be a
licensed pilot for the purpose of piloting a ship in a stated pilotage area other
than piloting the following ships:
(a) a loaded oil tanker;
(b) a loaded chemical tanker;
(c) a loaded gas carrier;
(d) for a pilotage area other than the Hydrographers passage — a ship with
draught exceeding the draught endorsed on the pilot licence under
provision 84.
68.2 In this provision:
loaded, for a ship, means that the ship is carrying a commercial cargo of the
commodity it is designed to carry, regardless of whether the ship is loaded to
capacity.

69 Meaning of trainee pilot licence

In this Part:
trainee pilot licence means a pilot licence that authorises the licensee to
undertake training activities for the purpose of obtaining a restricted pilot
licence.

70 Meaning of licensee
In this Part:
licensee means a licensed pilot who holds a pilot licence issued under this
Division.
Note For the meaning of licensed pilot — see the Act, s 186B, definition of licensed pilot.

Subdivision 7.2 Application, decision etc

71 Application
71.1 A person (the applicant) may apply to AMSA for a stated pilot licence.
Note 1 Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2 A fee may be determined for this provision — see the AMSA Act, s 47.
71.2 The application must:
(a) be in writing; and
(b) state the class of pilot licence applied for; and
(c) if the class of pilot licence applied for is a pilot licence other than a trainee
pilot licence — the pilotage area applied for.
Note If a form is approved for an application, the approved form must be used — see pr 119.

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Application, decision etc Subdivision 7.2
Provision 73

71.3 AMSA may, in writing, require the applicant to give AMSA additional
information or documents that AMSA reasonably needs to decide the
application.
71.4 If AMSA requires additional information or documents of an applicant under
provision 71.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.

72 Decision on application
72.1 This provision applies if AMSA receives an application for a pilot licence under
provision 71.
72.2 AMSA must, not later than 1 month after AMSA receives the application:
(a) decide the application; and
(b) tell the applicant, in writing, about the decision on the application.
72.3 AMSA must:
(a) issue the licence; or
(b) refuse to issue the licence.
Note A decision under this provision is a reviewable decision — see pr 115.
72.4 AMSA must issue the pilot licence to the applicant only if satisfied that the
applicant is eligible to apply for the licence under Subdivision 7.4.
Note eligible person, to hold a licence — see Subdivision 7.4.
72.5 If AMSA does not issue a pilot licence to the applicant within 1 month of the
day of receiving the application, AMSA is taken to have refused to issue the
licence.

73 Form of licence
73.1 A pilot licence must:
(a) be in writing; and
(b) include the following information:
(i) the name of the licensee;
(ii) the licence’s number;
(iii) the class of the licence;
(iv) for a licence other than a trainee pilot licence — the pilotage area
within which the licence permits the licensee to pilot;
(v) for a restricted pilot licence for pilotage in a pilotage area other than the
Hydrographers passage — the endorsed draught of ship the licensee is
permitted to pilot;
(vi) the conditions on the licence.
73.2 A pilot licence may include anything else AMSA considers relevant.

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Subdivision 7.3 Amendment and revalidation
Provision 74

73.3 In this provision:

endorsed draught means the draught limit endorsed on a restricted pilot licence
in accordance with provision 84.

74 Licence conditions
74.1 A pilot licence is subject to the condition that the licensee must comply with the
Act.
Note Division 8 sets out specific conditions for all pilot licences.
74.2 A pilot licence is also subject to any condition imposed by AMSA when the
licence is issued or revalidated.
Note Pilot licences may be revalidated under pr 79.

75 Licence term
75.1 A pilot licence comes into force on the day it is issued.
75.2 A pilot licence expires:
(a) 2 years after the day the licence is issued; or
(b) a day determined by AMSA that is earlier than the date mentioned in
paragraph (a); or
(c) a later date in accordance with provision 78.3.
75.3 A check pilot licence expires:
(a) on the expiry of the unrestricted pilot licence to which the check pilot
licence is related; or
(b) a day determined by AMSA that is earlier than the date mentioned in
paragraph (a).

Subdivision 7.3 Amendment and revalidation

76 Amendment initiated by AMSA

76.1 AMSA may, by written notice (an amendment notice) given to a licensee,
amend the pilot licence.
Note amend includes amend, impose or remove a licence condition — see pr 6.
76.2 However, AMSA may amend the pilot licence only if:
(a) AMSA has given the licensee written notice (a proposal notice) of the
proposed amendment; and
(b) the proposal notice states that written comments on the proposal may be
made to AMSA before the end of a stated period of at least 14 days after
the proposal notice is given to the licensed pilot; and
(c) after the end of the stated period, AMSA has considered any comments
made in accordance with the notice.
76.3 Provision 76.2 does not apply if the licensee applied for, or agreed in writing to,
the amendment.

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Amendment and revalidation Subdivision 7.3
Provision 78

76.4 The amendment takes effect on the day the amendment notice is given to the
licensee or a later day stated in the notice.

77 Amendment initiated by licensed pilot

77.1 A licensee may apply to AMSA to amend the pilot licence.
Example
Restricted pilot licence holder variation to draught limit
Note A fee may be determined for this provision — see the AMSA Act, s 47.
77.2 The application must:
(a) be in writing; and
(b) state the way the licence is proposed to be amended.
Note If a form is approved for an application, the approved form must be used — see pr 119.
77.3 AMSA may, in writing, require the licensee to give AMSA additional
information or documents that AMSA reasonably needs to decide the
information.
77.4 If AMSA requires additional information or documents of an applicant under
provision 77.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.
77.5 If the licensee does not comply with a requirement under provision 77.3, AMSA
may refuse to consider the application.
77.6 AMSA must, not later than 1 month after the day AMSA receives the
application:
(a) decide the application for amendment; and
(b) tell the licensee, in writing, about the decision on the application.
77.7 AMSA must:
(a) amend the licence; or
(b) refuse to amend the licence.
Note A decision under this provision is a reviewable decision — see pr 115.
77.8 AMSA may amend the licence only if satisfied that the licensee is eligible to
hold the licence as amended.
Note amend includes amend, impose or remove a licence condition — see pr 6.
77.9 If AMSA does not amend the licence of the applicant within 3 months after
receiving the application, AMSA is taken to have refused to amend the licence.

78 Application for revalidation

78.1 A person holding a pilot licence that is in force or not in force and not subject to
disciplinary action may apply to AMSA to revalidate the licensee’s pilot licence.
Note A fee may be determined for this provision — see the AMSA Act, s 47.
78.2 An application under this provision must be in writing.
Note If a form is approved for an application, the approved form must be used — see pr 119.

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Subdivision 7.4 Eligibility requirements
Provision 79

78.3 If a licensee applies under this provision to revalidate a licence that is in force,
the licence remains in force until the application is decided.

79 Decision on application for revalidation

79.1 This section applies if AMSA receives an application for revalidation of a pilot
licence under provision 78.
79.2 AMSA must, not later than 1 month after AMSA receives the application:
(a) decide the application; and
(b) tell the applicant, in writing, about the decision.
79.3 AMSA must
(a) revalidate the licence; or
(b) refuse to revalidate the licence.
Note A decision under this provision is a reviewable decision — see pr 115.
79.4 AMSA must revalidate the licence only if satisfied that the licensee is eligible
for revalidation of the licence.
Note For eligibility — see Division 7.4.
79.5 Provision 79.4 does not limit the matters AMSA may consider.
79.6 If AMSA does not revalidate a licence within 1 month after receiving the
application, AMSA is taken to have decided to refuse to revalidate the licence.

80 Replacing when lost, stolen or destroyed

80.1 AMSA may issue a replacement pilot licence to a licensee if satisfied that the
licensee’s original licence has been lost, stolen or destroyed.
80.2 For provision 80.1, AMSA may require the licensee to give AMSA a statutory
declaration signed by the licensee, stating that the original licence has been lost,
stolen or destroyed.
Note 1 A fee may be determined for this provision — see the AMSA Act, s 47.
Note 2 The Statutory Declarations Act 1959 applies to the making of statutory declarations.

81 Requirement to notify change of name or address

If a licensed pilot changes name or address, the pilot must, as soon as
practicable but no later than 1 month after the change happens, tell AMSA, in
writing, about the change.

Subdivision 7.4 Eligibility requirements

82 Trainee pilot licence

A person is eligible to apply for a trainee pilot licence if the person, at the time
of applying for the licence:
(a) is entitled to work in Australia; and

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Eligibility requirements Subdivision 7.4
Provision 83

(b) holds:
(i) a certificate of competency as Master for ships of 3 000 or more gross
tonnage issued under Marine Orders, Part 3; or
(ii) Royal Australian Navy qualifications in pilotage, navigation and
seamanship that AMSA determines a satisfactory equivalent; and
(c) is:
(i) competent in the English language; and
(ii) capable of understanding documents and directions relating to the
performance of duties under the licence; and
(iii) capable of writing the documents and giving directions relating to the
performance of duties under the licence; and
(d) holds a Certificate of Medical Fitness; and
(e) has satisfactorily completed an approved pilotae training course for trainee
pilot induction; and
(f) has completed, while holding a certificate mentioned in paragraph (b), at
least 36 months of sea service as master, navigating officer in charge of a
watch or pilot on ships 500 or more gross tonnage; and
(g) for the sea service mentioned in paragraph (f) — has completed 18 months
of the service is completed in the 5 years immediately before the person is
being considered for eligibility to hold the licence.

83 Restricted pilot licence

A person is eligible to apply for a restricted pilot licence, for a stated pilotage
area and a stated draught limit, if the person, at the time of applying for the
licence:
(a) holds a trainee pilot licence that is:
(i) in force; or
(ii) not in force, and not suspended or cancelled; and
(b) holds a Certificate of Medical Fitness; and
(c) has satisfactorily completed all of the following:
(i) an approved program of training;
(ii) a competency assessment;
(iii) a written examination conducted by AMSA;
(iv) a fatigue management training course approved by AMSA;
(v) an oral examination approved by AMSA.

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Subdivision 7.4 Eligibility requirements
Provision 84

84 Draught limit for restricted pilot licence

84.1 The following draught limits apply to a restricted pilot licence issued for
piloting in the inner route pilotage area:
(a) for a person who does not hold a restricted pilot licence for the area —
10 m;
(b) for a person who holds a restricted licence for the area and has completed
12 inner route transits with ships of 10 m draught or less — 10.5 m;
(c) for a person mentioned in paragraph (b) who has completed an additional
6 inner route transits with ships of 10.5 m draught or less — 11 m;
(d) for a person mentioned in paragraph (c) who has completed an additional
6 inner route transits with ships of 11 m draught or less — 11.5 m.
84.2 The following draught limits apply to a restricted pilot licence issued for
piloting in Great North East Channel pilotage area:
(a) for a person who does not hold a restricted licence for the area — 10 m;
(b) for a person who holds a restricted licence and has completed 12 transits
west of Alert patches with ships of 10 m draught or less — 10.5 m;
(c) for a person mentioned in paragraph (b) who has completed an additional
6 transits west of Alert Patches, with ships of 10.5 m draught or less —
11 m;
(d) for a person mentioned in paragraph (c) who has completed an additional
6 transits west of Alert Patches, with ships of 11 m draught or less —
11.5 m.
84.3 In this provision:
Alert Patches means the area of Torres Strait centred on 1029.8S, 14221.2E.
inner route transit means a transit of Torres Strait north of latitude 16 39.91S,

85 Unrestricted pilot licence

85.1 A person is eligible to apply for an unrestricted pilot licence, for a stated
pilotage area, if the person, at the time of applying for the licence:
(a) holds a restricted pilot licence for the pilotage area; and
(b) holds a Certificate of Medical Fitness; and
(c) has, while performing the duties of a licensed pilot, completed the required
number of transits.
85.2 A person is eligible to hold an unrestricted pilot licence for the Whitsundays
pilotage area if the person:
(a) holds an unrestricted pilot licence for:
(i) the inner route pilotage area; or
(ii) the Hydrographers Passage pilotage area; and
(b) has completed 2 transits in the Whitsundays pilotage area in any capacity
within the last 5 years; and

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Provision 86

(c) holds a Certificate of Medical Fitness; and

(d) for a licence in the area permitting anchorage of passenger ships in cruise
ship anchorages — has completed the approved pilotage training course for
Whitsunday Anchoring.
85.3 In this provision:
required number of transits means:
(a) for eligibility to hold an unrestricted pilot licence for the inner route
pilotage area:
(i) 6 transits of the inner route pilotage area while holding a restricted
licence with a draught limit of 11.5 m for the area; and
(ii) at least 1 transit mentioned in subparagraph (i) being an assessment
transit on a ship with a draught of 11 m or more with a check pilot
nominated by AMSA; and
(b) for eligibility to hold an unrestricted pilot licence for the Hydrographers
Passage pilotage area:
(i) 20 transits of the area; and
(ii) at least 1 transit mentioned in subparagraph (i) being a check pilot
voyage with a check pilot nominated by AMSA; and
(c) for eligibility to hold an unrestricted pilot licence for the Great North East
Channel pilotage area:
(i) 6 transits of Torres Strait west of Alert Patches while holding a
restricted licence for the area permitting piloting of ships up to 11.5 m
draught; and
(ii) at least 1 transit mentioned in subparagraph (i) being a check pilot
voyage on a ship with a draught of 11 m or more with a check pilot
nominated by AMSA; and
(iii) 2 transits of the Great North East Channel pilotage area.

86 Check pilot licence

86.1 A person is eligible to apply for a check pilot licence, for a stated pilotage area,
if the person, at the time of applying for the licence:
(a) holds an unrestricted pilot licence for the pilotage area; and
(b) while holding the unrestricted pilot licence — has not been the subject of a
suspension of more than 7 days in the 5 years before eligibility is being
determined; and
(c) holds a Certificate of Medical Fitness; and
(d) has satisfactorily:
(i) completed an approved workplace assessment training course
conducted by an approved training provider; and
(ii) undertaken a psychometric assessment approved by AMSA; and

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Subdivision 7.4 Eligibility requirements
Provision 87

(iii) completed an oral examination approved by AMSA; and

(e) has, while performing the duties of a licensed pilot, completed the required
number of transits.
86.2 However, AMSA may dispense with a requirement of this provision and
determine a person is eligible to apply for a check pilot licence if AMSA
considers the person has appropriate qualifications and experience at the time
the person applies for the licence.
86.3 In this provision:
required number of transits means:
(a) for eligibility to hold a check pilot licence for the inner route pilotage area:
(i) 20 transits of the area within 12 months before the determination of
eligibility; and
(ii) 200 transits of the area; and
(b) for eligibility to hold a check pilot licence for the Hydrographers Passage
pilotage area:
(i) 6 transits of the area within 12 months before the determination of
eligibility; and
(ii) 50 transits of the area; and
(c) for eligibility to hold a licence for the Great North East Channel pilotage
area:
(i) 6 transits comprising of transits of the Prince of Wales and Great North
East Channel transit areas within 12 months before the determination of
eligibility; and
(ii) 200 transits west of Alert Patches; and
(iii) 50 transits of the Great North East Channel transit area.

87 Licence revalidation
87.1 A person is eligible to apply for revalidation of the person’s pilot licence if the
person, at the time of applying for the revalidation:
(a) holds a licence other than a trainee pilot licence that is:
(i) in force; or
(ii) not in force, and not suspended or cancelled; and
(b) completes an approved training course within 4 years before applying for
revalidation; and
(c) holds a Certificate of Medical Fitness; and
(d) for a pilot licence other than check pilots licence — meets the requirements
of provision 87.2; and
(e) for a check pilot licence — meets the requirements for the unrestricted
licence for the pilotage area to which the licence is related.

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Eligibility requirements Subdivision 7.4
Provision 87

87.2 A person is eligible to apply for revalidation of the person’s restricted pilot
licence or unrestricted pilot licence if, at the time of applying for the
revalidation:
(a) for a licence to pilot in the Hydrographers Passage pilotage area — the
person has performed pilotage duties on at least 8 transits of the area during
the 2 years before the day the application is made, of which:
(i) at least 4 transits have been completed during the 12 months before the
revalidation; and
(ii) 1 transit is a check pilot voyage; or
(b) for a licence to pilot in the inner route pilotage area — the holder has
performed pilotage duties on no less than 8 transits of the area during the
2 years before the day the application is made, of which:
(i) at least 4 transits have been completed during the 12 months before the
revalidation; and
(ii) 1 transit is a check pilot voyage; or
(c) for a licence to pilot in the Great North East Channel pilotage area — the
holder has performed pilotage duties on at least 4 transits of the area during
the 2 years before the day the application is made, of which:
(i) at least 2 transits have been completed during the 12 months before the
revalidation; and
(ii) 1 transit is a check pilot voyage; or
(d) for a licence to pilot in the Whitsundays pilotage area — the holder has
performed pilotage duties in the area during the 2 years before the day the
application is made; or
(e) for a licence to pilot in the Whitsundays pilotage area permitting anchorage
of passenger ships in cruise ship anchorages — the holder has performed
pilotage duties of pilot anchoring passenger ships in cruise ship anchorages
in the area during the 2 years before the revalidation.
87.3 If a person is, under provision 87.2, required to undertake a check pilot voyage
for eligibility to revalidate the person’s restricted or unrestricted licence to pilot
in a stated pilotage area, the person is taken to have completed the voyage if the
person successfully completes an assessment on an approved bridge simulator
for the area.
87.4 If AMSA is satisfied that circumstances exist in which it would be unreasonable
or impracticable for a licensed pilot to meet the requirements of provision 87.2,
AMSA may revalidate the pilot’s unrestricted licence or restricted licence:
(a) for a stated period; or
(b) for a specified number of transits in 1 or more specified pilotage areas; or
(c) following completion of a specified number of transits in specified pilotage
areas as an observer.

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Division 7 Licensed pilots
Subdivision 7.5 Disciplinary action
Provision 88

Subdivision 7.5 Disciplinary action

88 Grounds for disciplinary action

Each of the following is a ground for disciplinary action against a licensed pilot:
(a) the pilot gave information to AMSA for the application for, or an
application for amendment of, the pilot’s licence that was false or
misleading in a material particular;
(b) the pilot has contravened, or is contravening, the Act (including this Part).

89 Disciplinary action
Each of the following is disciplinary action when taken against a person who is
a licensed pilot:
(a) reprimanding the person;
(b) directing the person to do a stated thing;
(c) requiring the person to complete a stated course of training to the
satisfaction of AMSA or another stated person;
(d) amending the pilot licence, including by imposing a condition on the
licence or amending an existing condition of the licence;
(e) suspending the licence:
(i) for a stated period; or
(ii) until the pilot completes a stated course of training to the satisfaction of
AMSA or someone else; or
(iii) until a stated event happens;
(f) cancelling the licence;
(g) disqualifying the person from applying for a pilot licence:
(i) for a stated period; or
(ii) until a stated event happens.

90 Taking disciplinary action

90.1 If AMSA proposes to take disciplinary action against a person, AMSA must
give the person a written notice (a disciplinary notice) that:
(a) states the proposed action (including any proposed disqualification period,
suspension period or amendment of a pilot licence); and
(b) states the grounds for the proposed action; and
(c) tells the person that the person may, not later than 1 month after the day the
person receives the notice, give a written response to AMSA about the
notice.

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 Licensed pilots Division 7
Disciplinary action Subdivision 7.5
Provision 92

90.2 In deciding whether to take disciplinary action, AMSA must consider any
response given to AMSA by the person in response to the notice.
Note A decision under this provision is a reviewable decision — see pr 115.
90.3 AMSA may take the proposed disciplinary action against the person if satisfied
that a ground for taking disciplinary action has been established for a person.
90.4 AMSA must give the person written notice of AMSA’s decision.
90.5 Disciplinary action under this provision takes effect on the day when the notice
of the decision is given to the person or, if the notice states a later date of effect,
that date.

91 Effect of suspension of licence

If a pilot licence is suspended, the licence does not authorise the licensee to
carry on any activity under the licence during the suspension.

92 Emergency disciplinary action

92.1 If a ship that is being piloted is involved in a collision with another ship, or runs
aground, AMSA must immediately suspend the licence of the pilot who is
piloting the ship for 7 days after the day of the collision or grounding.
92.2 AMSA must, as soon as practicable, give a notice (an emergency suspension
notice) to the pilot.
92.3 The emergency disciplinary notice must:
(a) be in writing; and
(b) state:
(i) the date of issue of the notice; and
(ii) when the suspension starts; and
(iii) when the suspension ends; and
(iv) the circumstances causing the emergency suspension of the licence.
92.4 AMSA must also keep a record of the emergency suspension notice.
92.5 AMSA must investigate the circumstances of the collision or grounding to
determine whether the pilot’s conduct contributed to the collision or grounding.
92.6 If AMSA requires further time to review the circumstances of the collision or
grounding, AMSA may, before the suspension ends, extend the term of the
suspension for a period no longer than 6 months after the collision or grounding.
92.7 If AMSA extends the term of a licence suspension under provision 92.6, AMSA
must as soon as practicable give notice, in writing, of the extension.

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Division 8 Licence conditions

Provision 93

Division 8 Licence conditions

93 Restricted and unrestricted pilots licences
93.1 It is a condition of a restricted pilot licence and unrestricted pilot licence that the
licensed pilot must do the following:
(a) give information and advice to the Master of the ship to assist the Master
and the ship’s navigating officers to make safe passage through the pilotage
area;
(b) remain onboard a ship whenever the ship is in the pilotage area unless
otherwise authorised by AMSA;
(c) comply with the Act;
(d) consider and take into account the pilot advisory notes;
(e) prepare a detailed passage plan for the pilotage of a ship that:
(i) uses the approved passage plan model, specific to the ship being
piloted; and
(ii) is agreed with the Master of the ship;
(f) take into account relevant information regarding the ship including
information provided by onboard systems and external aids to navigation;
(g) confirm with the master all emergency plans relevant to the ship and the
pilot’s role in the plans;
(h) ensure correct communications procedures are used for VHF radio and any
other equipment that may be used during the pilotage;
(i) promote and practise the principles of bridge resource management in
accordance with STCW Code, Part 3-1, s B-VIII/2, made under the STCW
Convention;
(j) comply with the Safety Management System of the pilotage provider
engaging the pilot to conduct the pilotage;
(k) comply, as much as practicable, with the Safety Management System of the
ship being piloted;
(l) comply with the applicable fatigue risk management plan;
(m) for subparagraph 51.1 (a) (iv) — give the pilotage provider the service date
of a personal flotation device used by the pilot;
(n) if the pilot holds an unrestricted pilot licence for the Whitsundays pilotage
area and is permitted to anchor in the area — anchor in the area in
accordance with the conditions of anchoring in the area;
(o) comply with the under keel clearance requirements;
(p) tell the provider of any incident involving the ship being piloted, no later
than 2 hours after the incident occurs.
Examples for par (f)
 malfunctioning onboard equipment

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 Licence conditions Division 8

Provision 95

 aids to navigation such as buoys

Note It is a condition of a pilotage provider licence that the provider must produce records of
service dates of personal flotation devices used by pilots or pilot launch crew engaged by the
provider — see pr 51.1 (a) (iv).
93.2 It is a condition of a restricted pilot licence and an unrestricted pilot licence that
the pilot, however described, perform the duties mentioned in this provision
with the appropriate skill, care and attention to ensure the safe passage of the
ship the pilot is piloting.
93.3 In this provision:
applicable fatigue risk management plan means:
(a) if the pilot is contracted or employed by a pilotage provider for whom a
fatigue risk management plan has been approved under provision 59 — the
approved fatigue risk management plan for the provider; or
(b) if the pilot is contracted or employed by a pilotage provider for whom a
fatigue risk management plan has not been approved under provision 59 —
the fatigue risk management plan published by AMSA.
pilot advisory note means a note made by AMSA published by AMSA.
Note 1 For pilot advisory notes — see http://www.amsa.gov.au.
Note 2 Failure to comply with a condition mentioned in this provision is a ground for
disciplinary action — see pr 88.
STCW Convention — see Act, s 9A.

94 Requirements for pilotage through certain areas

94.1 It is a condition of a pilot licence that the pilot may pilot a ship through the
Prince of Wales Channel, the Gannet or the Varzin Passages only if the ship:
(a) does not have a draught that exceeds 12.20 m; and
(b) has a net under keel clearance of:
(i) if the ship has a draught of less than 11.90 m — at least 1 m; or
(ii) if the ship has a draught of 11.90 m or more — at least 10% of the
draught of the ship; or
(iii) for a ship piloted through the Gannet or Varzin Passages — at least 1 m.
95 REEFREP reporting
95.1 This provision applies to a licensed pilot who provides or intends to provide a
pilotage within the REEFREP area.
95.2 It is a condition of a pilot licence that the pilot of a ship to which Marine Orders
Part 56 (REEFREP) applies makes a report to REEFVTS, when the pilot
commences and ceases pilotage duties, of the following:
(a) ship name, call sign, GBRMP permit number (if any) and IMO number;
(b) name of mandatory reporting point, pilot boarding ground or position
(latitude and longitude);
(c) name and licence number of the pilot;

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Division 9 Check pilots — conditions

Provision 96

(d) the name of any check pilot or trainee pilot accompanying the pilot.
Note The methods of communication with REEFVTS are set out in the User Guide for the
Great Barrier Reef and Torres Strait Ship Traffic Service (REEFVTS).
95.3 A pilot reporting the information mentioned in provision 95.2 to REEFVTS
must make the report:
(a) if safe to make the report:
(i) no later than 30 minutes after commencing pilotage duties; and
(ii) within 15 minutes of ceasing pilotage duties; or
(b) if it is unsafe to make the report in accordance with paragraph (a) — as
soon as it is safe to make the report.

96 Compliance with safety management system

It is a condition of a pilot licence that the licensed pilot complies with the safety
management system of the pilotage provider who employs or engages the pilot.

97 Requirements to undertake training

97.1 It is a condition of a pilot licence that the licensed pilot undertake approved
pilotage training courses published by AMSA.
97.2 In this provision:
\approved pilotage training course — see pr 99.

Division 9 Check pilots — conditions

98 General responsibilities
It is a condition of a check pilot licence that the check pilot:
(a) undertake check voyages with holders of unrestricted pilot or restricted
pilot licences in accordance with the conditions mentioned in Schedule 2;
and
(b) assess trainee pilots in accordance with the Queensland Coastal Pilotage
Training Program approved by AMSA.

Division 10 Approved pilotage training courses

Subdivision 10.1 Definitions

99 Definitions for Division 10

In this Division:
approved pilotage training course, for an approved pilotage training provider,
means a training course for which the pilotage training provider holds a pilotage
training course approval under provision 101.
approved pilotage training provider means a person that holds a pilotage
training course approval under provision 101.

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 Approved pilotage training courses Division 10
Application, decision etc Subdivision 10.2
Provision 102

training course includes a course using a bridge simulator.

Subdivision 10.2 Application, decision etc

100 Application
100.1 A person (the applicant) may apply to AMSA for approval to provide a stated
training course about pilotage in stated pilotage areas.
Note A fee may be determined for this provision — see the AMSA Act, s 47.
100.2 An application under this provision must be in writing.
Note If a form is approved for an application, the approved form must be used — see pr 119.
100.3 AMSA may, in writing, require the applicant to give AMSA additional
information or documents that AMSA reasonably needs to decide the
application.
100.4 AMSA must, not later than 1 month after AMSA receives the application,
undertake a training course audit of the applicant under provision 108.
100.5 If AMSA requires additional information or documents of an applicant under
provision 101.3, AMSA is taken to have received the application only when
AMSA receives the additional information or documents.
100.6 If the applicant does not comply with a requirement under Subdivision 10.3,
AMSA must refuse to consider the application.

101 Decision on application

101.1 This provision applies if AMSA receives an application for approval under
provision 100.
101.2 AMSA must, not later 3 months after AMSA receives the application:
(a) decide the application for approval; and
(b) tell the applicant, in writing, about the decision on the application.
101.3 AMSA must:
(a) approve the application for approval; or
(b) refuse the application.
Note A decision under this provision is a reviewable decision — see pr 115.
101.4 If AMSA does not approve the application within 3 months after receiving the
application, AMSA is taken to have refused to approve the training course.
101.5 An approved pilotage training course approval is subject to any condition
imposed by AMSA when the approval is issued or renewed.

102 Form of approval

A pilotage training course approval must:
(a) be in writing; and
(b) state the name of the person to which it is issued; and

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Subdivision 10.2 Application, decision etc
Provision 103

(c) identify the training course to which it applies; and

(d) if the approval is conditional — state the conditions to which the approval
is subject; and
(e) state when the approval was issued; and
(f) state when the approval expires; and
(g) include anything AMSA considers necessary.

103 Approval term

A pilotage training course approval:
(a) comes into force on the day it is issued; and
(b) expires:
(i) 4 years after it is issued; or
(ii) if AMSA determines an earlier expiry day — on that day.

104 Annual review

104.1 This provision applies if:
(a) an approved pilotage training course approval is issued for a term longer
than 12 months; and
(b) the approval is otherwise in force.
104.2 The approved pilotage training provider must apply, in writing, to AMSA for
annual review of the approval no later than 3 months before the anniversary of
the day the approval was issued.
Note 1 If a form is approved for an application, the approved form must be used — see pr 119.
Note 2 A fee may be determined for this provision — see the AMSA Act, s 47.
104.3 AMSA may undertake a training course audit under provision 108 on receipt of
an application under this provision.
104.4 If the approved pilotage training provider does not apply for annual review in
accordance with provision 104.2, the approval is cancelled from the anniversary
date.
104.5 If the applicant does not comply with a requirement under Subdivision 10.3,
AMSA must cancel the approval.

105 Application for renewal

105.1 The holder of an approval to conduct an approved pilotage training course may
apply to AMSA to renew the approval.
Note A fee may be determined for this provision — see the AMSA Act, s 47.
105.2 The application must be:
(a) in writing; and
(b) received by AMSA no later than 3 months before the approval expires.
Note If a form is approved for an application, the approved form must be used — see pr 119.

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 Approved pilotage training courses Division 10
Application, decision etc Subdivision 10.2
Provision 107

105.3 AMSA must, not later than 1 month after AMSA receives the application,
undertake a training course audit of the applicant under Division 10.3.
105.4 If an approved pilotage training provider applies to renew an approval under this
provision, the approval remains in force until the application is decided.
105.5 If the applicant does not comply with a requirement under Subdivision 10.3,
AMSA must refuse to consider the application.

106 Decision on application for renewal

106.1 This provision applies if AMSA receives an application for renewal of a
pilotage training course under provision 105.
106.2 AMSA must renew the approval only if satisfied that the training course audit
shows the approved pilotage training provider complies with this Division.
Note A decision under this provision is a reviewable decision — see pr 115.
106.3 AMSA must, not later than 3 months after AMSA receives the application:
(a) decide the application for renewal; and
(b) tell the approved pilotage training provider, in writing, about the decision
on the application.
106.4 AMSA must:
(a) renew the approval; or
(b) refuse to renew the approval.
Note A decision under this provision is a reviewable decision — see pr 115.
106.5 AMSA must not renew an approved pilotage training course approval unless
satisfied that the training course audit undertaken for the application shows the
systems of the applicant comply with this Division.
106.6 Provision 106.5 does not limit the matters AMSA may consider.
106.7 If AMSA does not renew the approved pilotage training course approval of the
applicant within 3 months after receiving the application, AMSA is taken to
have refused to renew the approval.

107 Syllabus to be published by AMSA

AMSA must publish:
(a) the syllabus of approved pilotage training courses; and
(b) a list of approved pilotage training providers; and
(c) the approved pilotage training courses provided by approved pilotage
training providers.
Note For approved pilotage training course syllabus etc — see http://www.amsa.gov.au.

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Division 10 Approved pilotage training courses
Subdivision 10.3 Auditing
Provision 108

Subdivision 10.3 Auditing

108 When training course audit conducted

AMSA, or an approved auditor on behalf of AMSA, may conduct a training
course audit of a person if:
(a) the person applies for an approved pilotage training course approval under
provision 100;
(b) the person applies for a renewal of an approved pilotage training course
approval under provision 105;
(c) AMSA considers it otherwise necessary to conduct an audit.

109 Who can conduct audit

109.1 For an audit required by AMSA, AMSA may engage a person (an approved
auditor) to perform the audit on behalf of AMSA.
109.2 This provision does not prevent AMSA from conducting an audit itself.

110 Reason for auditing

110.1 An audit under this Subdivision may be conducted for the purpose of:
(a) substantiating information provided to AMSA; or
(b) deciding whether the person has complied with the Act or the conditions of
the person’s approval.
110.2 An audit under this Subdivision may be conducted for the purpose of
identifying:
(a) compliance with provisions of this Division; or
(b) compliance with any conditions on holding an approved pilotage training
course approval.
110.3 An audit under this Subdivision may review all aspects of the training course
that are relevant to this Part, including the following:
(a) adequacy of any bridge simulator training that is part of the course;
(b) qualifications of people teaching the course;
(c) course material;
(d) facilities used by the training course provider for the course.

111 Powers not limited by training course audit provisions

This Subdivision does not limit the power of AMSA to inquire into the activities
of an approved pilotage training provider.

112 Requirement to comply

A person who is the subject of an audit under this Subdivision must comply with
the reasonable requirements of the person undertaking the audit.

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 Administration of Part Division 12

Provision 116

Division 11 Torres Strait compulsory pilotage area

113 Torres Strait compulsory pilotage area — Act, s 186H (1)
For the Act, section 186H (1), Torres Strait is a compulsory pilotage area.

Division 12 Administration of Part

114 Prescribed information for exemption from pilot requirement — Act,
s 186K (2) (b)
For the Act, section 186K (2) (b), the following information is prescribed:
(a) the name and address of the applicant;
(b) the name and address of the operator;
(c) ship name, IMO number and flag;
(d) ship type (bulk carrier, general cargo ship, oil tanker, chemical tanker, gas
carrier and others);
(e) principal dimensions (length overall, breadth extreme, maximum depth,
maximum draught, etc);
(f) loaded draught during navigation in the compulsory pilotage area;
(g) hull material;
(h) the ship’s general arrangement and tank capacity plans;
(i) details of navigational and communication equipment;
(j) name of the master and navigational watch-keepers who will be on watch at
any time during which the ship is in a compulsory pilotage area;
(k) qualifications of the master and navigational watch-keepers and details of
his or her recent navigational experience in the compulsory pilotage area;
(l) details of the bunkers that the ship intends to carry during the ship’s
navigation of the compulsory pilotage area;
(m) details of cargo that the ship intends to carry during the ship’s navigation of
the compulsory pilotage area;
(n) details of ballast that the ship intends to carry during the ship’s navigation
of the compulsory pilotage area.

115 Meaning of reviewable decision — Division 12

In this Division:
reviewable decision means a decision mentioned in Schedule 3.

116 Internal review of decisions

116.1 This provision applies to a person (the affected person) who is affected by a
reviewable decision.

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Division 12 Administration of Part

Provision 117

116.2 If a person (the decision maker) makes a reviewable decision, the decision
maker must give a reviewable decision notice to each entity mentioned in
Schedule 3 for the decision.
116.3 An affected person may apply, in writing, to AMSA for review of the decision
no later than 3 months after the affected person receives notice of the decision.
116.4 AMSA may:
(a) affirm the original decision by the decision maker; or
(b) make any decision that could be made by the decision maker under this
Part.
116.5 AMSA must tell the applicant, in writing, of the decision no later than 1 month
after the application for internal review was received.

117 Review by AAT

117.1 A person affected by a decision under provision 116.4 may apply to the
Administrative Appeals Tribunal for review of the decision.
117.2 The notice of a decision by AMSA under provision 116.5 must include:
(a) a statement to the effect that, if the person making the application is
dissatisfied with the decision, application may, subject to the Administrative
Appeals Tribunal Act 1975, be made to the Administrative Appeals
Tribunal for review of the decision; and
(b) a statement to the effect that the person may request a statement under
section 28 of that Act.
117.3 Failure to comply with 117.2 in relation to a decision does not affect the validity
of that decision.

118 Power to extend time when decision making

118.1 If a time limit applies for doing something under this Part, a person other than
AMSA may apply to AMSA for an extension of time regardless of whether the
time limit has passed.
118.2 AMSA may give an extension of time even if the time limit has passed.

119 Approved forms

119.1 Under the Act, section 6F, AMSA may approve forms for this Part.
119.2 If AMSA approves a form for a particular purpose, the approved form must be
used for that purpose.
119.3 An approved form must be placed on the AMSA website.

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 Transitional provisions Division 13

Provision 124

Division 13 Transitional provisions

120 Pilotage provider licences
120.1 A document of compliance issued under Marine Order Part 54, issue 4 that was
in force immediately before the commencement of this issue:
(a) is taken to be a pilotage provider licence issued under this Part; and
(b) expires on 29 February 2012.
120.2 A person who holds a document of compliance issued under Part 54, issue 4, in
force immediately before the commencement of this issue, who has undertaken
an audit under Marine Order Part 54, issue 4 in the 12 months immediately
before the commencement of this Part, is taken to have undertaken an annual
compliance audit under this Part for the compliance period commencing at the
time this Part comes into effect.

121 Licensed pilots

A pilot licence issued under Marine Order Part 54, issue 4 that is in force
immediately before the commencement of this Part remains in force for the term
stated in the licence and is taken to have been issued under this Part.

122 Pilot launches

122.1 Schedule 1, clause 1.4 (b) does not apply to a pilot launch until 1 January 2013
if:
(a) the launch complied with Marine Order Part 54, issue 4 on 30 June 2011;
and
(b) the deck that is used for access to the pilot transfer position is clear and free
of obstructions.
122.2 Schedule 1, clause 1.4 (b) does not apply to a pilot launch until 1 January 2015
if:
(a) the launch complied with Marine Order Part 54, issue 4 on 30 June 2011;
and
(b) the deck that is used for access to the pilot transfer position:
(i) is clear and free of obstructions; and
(ii) has a width between the gunwale and superstructure of at least 600 mm.

123 Training
A person approved to provide training under Marine Order Part 54, issue 4, in
force immediately before 1 July 2011, is taken to hold an approval under
Division 10 and is taken to have been approved to provide the training under
Division 10.

124 Helicopter underwater escape training

Schedule 1, clause 1.10.4 does not apply until 1 July 2012.

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Division 13 Transitional provisions

Provision 125

125 Division expiry

This Division expires on 1 January 2015.

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 Pilot transfer standards Schedule 1
Preliminary Division 1.1

Schedule 1 Pilot transfer standards

(see pr 6, definition of pilot transfer standards)

Division 1.1 Preliminary

1.1 Application
Subject to provision 122, this Division applies to a person operating, or involved
in the operation of, a pilot launch at the time this Part commences.

Division 1.2 Pilot launch manning

1.2 Manning
A pilot launch must:
(a) be manned in accordance with its survey requirements; and
(b) be manned by at least 2 people; and
(c) have a crew trained in all aspects of pilot transport, transfer and safety; and
(d) have a crew that hold qualifications required for the launch.

Division 1.3 Pilot launches

1.3 Seaworthiness
A pilot launch must be constructed so that it:
(a) can facilitate the transfer, embarkation and disembarkation of pilots safely,
in reasonable comfort and without exposing a pilot or crew to undue stress
or fatigue; and
(b) provides for manoeuvrability and reserve power to safely manoeuvre
alongside other vessels during pilot transfer; and
(c) provides for sea-keeping qualities for operating in heavy sea, swell and
wind conditions, that can reasonably be expected in the pilotage area during
continuous pilotage operations; and
(d) conforms with this Schedule.

1.4 Construction
A pilot launch must:
(a) be built with strengthening to absorb heavy impacts when coming alongside
ships that are underway; and
(b) have the deck that is used for access to the pilot transfer position, clear and
free of obstructions and with a width between the gunwale and
superstructure of at least 750 mm; and
(c) have the pilot transfer position forward of the wheelhouse; and

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Schedule 1 Pilot transfer standards
Division 1.3 Pilot launches

(d) not have a petrol engine fitted.

1.5 Fittings
A pilot launch must be fitted with:
(a) for each crew on board the launch and for each pilot carried so that all
people on board the launch may be seated simultaneously — 1 impact
absorbing seat fitted with adjustable suspension and dampers to reduce
shock loads and vibration; and
(b) seats allowing comfortable access to any controls and equipment required
to be used by the launch master, crew or pilots; and
(c) a working air conditioner that can maintain a temperature in the range of
21°-25°C inside the cabin in all ambient weather conditions in the area of
operation; and
(d) sound proofing so that ambient noise levels inside the accommodation,
except the engine space, do not exceed 85 db when measured:
(i) at the height approximately equal to the level of a person’s head while
sitting in the impact absorbing seats provided; and
(ii) with the engines running at normal sea-going operating revolutions
(iii) with the doors closed; and
(iv) with the air conditioner running.

1.6 Design requirements

A pilot launch must be constructed to provide:
(a) visibility from the launch master’s normal driving position so that the pilot
and deck hand can be seen when they are outside the cabin; and
(b) windows that are constructed so that at no stage a pilot or deck hand while
moving from the cabin to the pilot transfer position, or while transferring
the pilot’s bags to or from the ship, are hidden from the view of the launch
master when in the normal driving position; and
(c) visibility from the launch master’s normal driving position to allow the
pilot to be seen from the time of leaving the deck of the pilot launch and
when ascending or descending the pilot ladder; and
(d) the helm, engine controls and all other launch handling controls to be at the
normal driving position; and
(e) that normal access from the open deck to accommodation space provided
for use of pilots not be through a forward facing weather tight door; and
(f) all external walkways with an efficient non-slip surface; and
(g) the external colour to be substantially a highly visible colour and clearly
marked with the word ‘Pilot’ on both sides of the ship in letters not less
than 300 mm high.

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Pilot launches Division 1.3

1.7 Equipment
A pilot launch must be fitted with all of the following equipment:
(a) fendering that:
(i) allows the pilot launch to come alongside ships underway in all normal
operating conditions without sustaining damage; and
(ii) does not interfere, obstruct or hinder pilot transfer; and
(iii) is continuous along gunwales; and
(iv) is not constructed using tyres or equipment similar to tyres, which can
become fouled on the pilot ladder or recovery line;
(b) on-board lighting;
(c) lighting that enables the sea, within 5 m of the ship, to be illuminated to
assist with man overboard recovery;
(d) a searchlight of at least 1 million candela that is:
(i) operated from the launch master’s position; and
(ii) capable of illuminating the sea’s surface in all directions up to 100 m
from the pilot launch;
(e) safety handrails on deck and inside the accommodation that are:
(i) capable of withstanding a load in either the vertical or horizontal
direction of at least 1.2 kN; and
(ii) situated both inside and outside of the cabin so that a person can leave
any of the impact absorbing seats provided in the cabin and move to the
pilot transfer area with the continuous aid of the handrails;
(f) an uninterrupted, continuous safety rail system, onto which the lanyard or
webbing strap mentioned in Division 1.8 may be attached, that:
(i) is located on each side of the accommodation to the pilot transfer area;
and
(ii) is capable of withstanding a load in either the vertical or horizontal
direction of at least 1.2 kN; and
(iii) allows a person in a safety harness to move freely along the safety rail
without requiring the person to adjust his or her harness;
(g) windscreen wipers situated in front of the launch master that are effective in
rough weather and a fixed system for applying fresh water to the area of the
forward windows covered by the wipers;
(h) echo sounder, radar, GPS plotter for navigation and event marking,
compass with current deviation card, horn, VHF radio, 406 MHz EPIRB,
automatic identification system (AIS), 2 way external broadcast system, a
Maritime Survivor Locating System (MSLS) operating on 121.5 MHz
(AS/NZS 4869.1) or on frequencies other than 121.5 MHz (AS/NZS
4869.2) and appropriate current navigation publications and charts of the
operating area;

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Schedule 1 Pilot transfer standards
Division 1.3 Pilot launches

(i) an efficient means of recovering an unconscious person from the water that:
(i) is capable of being operated by 1 person; and
(ii) is capable of lifting onboard a person with a mass of at least 150 kg;
and
(iii) for a recovery system that is a power operated stern platform — has
controls situated adjacent to the recovery position if the recovery
platform is not visible from the launch master’s normal driving
position; and
(iv) includes a boat hook or recovery crook to assist with the recovery.

1.8 Personal protective equipment

A pilot or crew member working on deck of a pilot launch must be provided
with:
(a) a personal floatation device (PFD) that:
(i) is fitted with a self-activating light, whistle, strobe light, 406 MHz
personal locator beacon with GPS capability, MSLS transmitter and a
stainless steel ring or other arrangement, for clipping onto the safety
rail system; and
(ii) meets the requirements of any of the following National Standards:
(A) Australian Standard AS 4758;
(B) ISO 12402-1;
(C) European Standard EN399-1993 Lifejackets-275N;
(D) European Standard EN396-1993 Lifejackets-150N;
(E) New Zealand Standards NZ5823:2005 Type 401; and
(b) a lanyard or webbing strap capable of withstanding a load of 1.2 kN and
capable of securely clipping on to the PFD and the safety rail system.
Note 1 for par (a) A MSLS transmitter is a portable transmitting device that sends an alert
signal to an MSLS receiver.
Note 2 for par (a) Pilots and pilot launch crew must wear additional personal protective
equipment as specified in the Pilotage Provider Safety Management System.

1.9 Operation
1.9.1 A person operating or involved in the operation of a pilot launch (including the
owner, charterer, launch master, pilot and crew members) must ensure that the
ship is operated safely.
1.9.2 If a pilot launch is more than 8 m long, the following must be kept onboard the
launch:
(a) the operational manual for the launch;
(b) the technical manual for the launch;
(c) the plans for the launch;

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 Pilot transfer standards Schedule 1
Transfers by helicopter Division 1.4

(d) the maintenance and service manual for the launch;

(e) the marine occupational health and safety manual for the launch;
(f) the safety management system for the launch.
1.9.3 Manuals and plans for the pilot launch must be available to the launch master,
crew and pilots.
1.9.4 Every pilot launch crew member must have a working knowledge of the
manuals and plans relevant to the member’s role.
1.9.5 The pilot launch must operate under an approved safety management system.
1.9.6 The pilot launch safety management system must:
(a) contain documented procedures detailing the training, induction and
familiarisation that a pilot and pilot launch crew must undergo before
commencing transfers by launch; and
(b) document the frequency of refresher training, induction and familiarisation;
and
(c) include a schedule of emergency drills; and
(d) include a schedule of man overboard drills that must be conducted at
intervals of no more than 3 months; and
(e) set out the weather or sea conditions and any other criteria that may affect
safe operations of a pilot launch; and
(f) state the maintenance requirements that must be complied with; and
(g) state the method to report incidents involving the launch; and
(h) keep records and certificates relevant to the pilot launch in accordance with
the safety management system.

Division 1.4 Transfers by helicopter

1.10 Helicopter standard
1.10.1 A helicopter used for pilot transfers to or from a ship must be licensed, manned
and maintained in accordance with the relevant Civil Aviation Safety Authority
regulations in force at the time of pilot transfer.
1.10.2 The pilotage provider’s safety management system must:
(a) contain documented procedures detailing the training, induction and
familiarisation that a pilot must undergo before commencing transfers by
helicopter; and
(b) document the frequency of refresher training, induction and familiarisation.
1.10.3 Each pilot carried by helicopter during pilot transfer must be provided with an
inflatable lifejacket approved by CASA that is also fitted with a 406 MHz
personal locator beacon with GPS capability.

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 Schedule 1 Pilot transfer standards
Division 1.4 Transfers by helicopter

1.10.4 A pilot must not be transferred by helicopter to or from a ship unless the pilot
holds a current helicopter underwater escape training certificate issued by a
person recognised by AMSA.
1.10.5 A pilot must undergo a safety briefing conducted by the helicopter pilot before
each flight.

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 Check pilot conditions Schedule 2

Schedule 2 Check pilot conditions

(see pr 95)

2.1 Meaning of check pilot voyage

A check pilot voyage is a voyage on which the pilot’s competency is being
assessed by a check pilot.

2.2 Performance criteria and checklists

AMSA must:
(a) approve performance criteria and a checklist for this Schedule; and
(b) publish the criteria and checklist on AMSA’s website.
Note AMSA’s website is http://www.amsa.gov.au.

2.3 Check pilots to be independent

To the extent practicable, the pilot on a check pilot voyage should not be
employed or contracted by the same pilotage provider as the check pilot.

2.4 Check pilot voyage considered voyage

A check pilot voyage counts as a transit of the pilotage area where it occurred
for both the pilot and the check pilot.

2.5 Planning check pilot voyage

Before embarking on a check pilot voyage, the check pilot must:
(a) plan the assessment in accordance with the performance criteria determined
by AMSA; and
(b) make records of the planning mentioned in paragraph (a).
Note The performance criteria are available on AMSA’s website.

2.6 Check pilot must advise performance criteria

Before embarking on a check pilot voyage, the check pilot must tell the pilot
what the performance criteria are.

2.7 Checklist
The check pilot may use a checklist approved by AMSA or a checklist that
includes the performance criteria within the approved checklist.
Note The performance criteria are available on AMSA’s website.

2.8 Pilot to be in control at all times

During a check pilot voyage the pilot must be responsible for the conduct of the
voyage at all times.

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Schedule 2 Check pilot conditions

2.9 Check pilot to be on bridge

The check pilot must be on the bridge at all times that the pilot is on the bridge
during the check pilot voyage.

2.10 Conclusion of assessment

At the conclusion of a check pilot voyage:
(a) the check pilot and pilot must sign the checklist used on the voyage; and
(b) the check pilot must give the completed checklist and completed pre-
assessment plan to AMSA no later than 14 days after the completion of the
voyage; and
(c) the check pilot must de-brief the pilot and, if necessary, discuss remedial
action with the pilot.

2.11 Critical finding in assessment

If a check pilot makes a critical finding about the pilot’s performance, the pilot
is not taken for that reason alone to be incompetent or incapable, rather it is a
statement that, in the check pilot’s professional opinion, there is room for
improvement.

2.12 Unsatisfactory assessment to be reported

If a check pilot makes a critical finding of a pilot on a check pilot voyage, the
check pilot must tell the pilot, the pilot provider and AMSA no later than 5 days
after the assessment.

2.13 Assessment review

If a check pilot tells AMSA of a critical finding for a pilot on a check pilot
voyage under clause 2.12, AMSA must:
(a) separately interview the check pilot and the pilot about the assessment; and
(b) arrange for another check pilot voyage to be undertaken by the pilot with a
different check pilot nominated by AMSA; and
(c) after the assessment mentioned in paragraph (b) — undertake a competency
assessment to determine whether further action is necessary; and
(d) tell the pilot and the pilot provider of the outcome.

2.14 Documents to be kept

A check pilot must:
(a) keep each record created for this Schedule for 2 years; and
(b) then give the record to AMSA.

2.15 AMSA to ensure consistency in assessment

To ensure consistency in the assessment of pilots, AMSA may review
assessments conducted by a check pilot or be present during the conduct of an
assessment on a check pilotage voyage or through a competency assessment.

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 Reviewable decisions Schedule 3

Schedule 3 Reviewable decisions

(see Division 1)

Item Provision Decision Person affected

1 11.3 refuse to issue pilotage provider applicant for licence
licence
2 16.8 refuse to amend pilotage pilotage provider licence applying to
provider licence amend licence
3 19.3 refuse to renew pilotage person applying to renew pilotage
provider licence provider licence
4 30 take disciplinary action person holding pilotage provider
licence
5 33.4 refuse to reinstate suspended person holding suspended pilotage
pilotage provider licence provider licence
6 72.3 refuse to issue pilot licence applicant for licence
7 77.7 refuse to issue pilot licence licensee
8 90 take disciplinary action licensee
9 101.3 refuse to approve pilotage applicant
training course approval
10 106.4 refuse to renew pilotage training person applying to renew pilotage
course approval training course approval

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Notes

Notes to the Marine Orders Part 54, issue 5

Note 1
Marine Orders Part 54, issue 5 (in force under the Navigation Act 1912) as shown in
this compilation comprise Marine Orders Part 54, issue 5 amended as indicated in the
following tables.
Table of Orders
Year and number Registration FRLI number Commencement date Application,
date saving or
transitional
provisions
Marine Orders Part 8 June 2011 F2011L00974 1 July 2011
54, issue 5 (MO
2011/1)
Marine Orders Part 16 December F2011L02711 Sections 1 to 3 and –
54 Amendment 2011 Schedule 1 — taken to
2011 (No. 1) (MO have commenced on 1 July
2011/13) 2011
Schedule 2 —
17 December 2011

Table of amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Table 36.3 ...........................
am. 2011/13
53 ........................................
am. 2011/13
54 ........................................
am. 2011/13
75 ........................................
am. 2011/13
82 ........................................
am. 2011/13
120 ......................................
am. 2011/13
122 ......................................
am. 2011/13
124 ......................................
rs. 2011/13
125 ......................................
ad. 2011/13
Schedule 1 ..........................
am. 2011/13

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