Shun Tak Maritime Network has recently learned that today the Australian Maritime Safety Agency AMSA issued the latest Nautical Notice No. 4 of 2020 Marine Notice 04/2020.
The circular outlines the authority's interim treatment of seafarers for the maximum continuous period of time that seafarers can work on board the vessel between 1 July 2020 and 1 October 2020.
In addition, the agency said that after October 1, 2020, AMSA will strictly implement the requirements of Circular No. 17 of 2016 (regarding the maximum service time of seafarers on ships).
AMSA said that due to the strict lockdown and lockdown measures in various countries (affected by the epidemic), the current operating environment of the shipping industry has brought great challenges to crew turnover.
To date, both flag States and port States have adopted flexible response measures to accept the extension of the continuous service period of seafarers.
"While this flexible approach is essential to support international trade, it cannot be sustained indefinitely, as it will have a growing negative impact on maritime security and the welfare of seafarers," amsa said. It is possible to extend the continuous service time reasonably, but this must be limited. ”
Therefore, amsa also specified in the Circular its requirements for the next period (July 1- October 1, 2020):
1. If the seafarer holds a valid Employment Agreement (SEA) signed and guaranteed by the parties and has worked for no more than 11 consecutive months. It's okay.
2. If a seafarer holds a valid SEA and has worked continuously for more than 11 months and less than 13 months, the captain is required to provide the PSC prosecutor of the AMSA with a seafarer repatriation plan approved by the flag state to ensure that the seafarer is repatriated for the maximum period of 14 months prior to the maximum period of service on the ship.
(3) A seafarer holding a valid SEA and having been on board the vessel for more than 13 consecutive months will be barred from leaving Australian ports until the AMSA obtains a seafarer repatriation scheme approved by the flag State and guarantees that the vessel will not be released until the seafarer has been repatriated for up to 14 consecutive months of service.
4. If the seafarer does not have a valid SEA, then the captain will be required to arrange for the repatriation of the seafarer. This may require providing accommodation for seafarers ashore prior to arranging repatriation. If, after the departure of a seafarer, the vessel is also prohibited from leaving port if the vessel does not meet the minimum safe manning requirements of the vessel. However, the vessel can be moved in port or conduct port operations.
5. AMSA will not accept requests for an extension of service (beyond 14 months) unless the captain or owner or both can produce satisfactory evidence that all possible efforts have been made to repatriate the seafarer, but are unsuccessful, and the seafarer is willing to provide written confirmation of the extension of service.
This means that if the ship is docked in Australia and the crew does not agree to the overdue date, the situation for the ship will be very troublesome.
It is worth mentioning that the above instructions only apply to the period from July 1, 2020 to October 1, 2020. After 1 October 2020, AMSA will be regulated in accordance with the requirements of Marine Notice 17/2016.
To make matters worse, according to a number of industry insiders in Australia, including shipping agents, the real situation told Shun Tak Maritime Network is that "it is impossible to change people in Australia". And in recent times, the epidemic situation in Australia has a tendency to worsen.
It also means that in the worst-case scenario, ships and crews could also be stranded in Australia until australia opens its borders until there are flights.
Given australia's rebound in the epidemic and the border blockade, AMSA's stipulation of this period on crew contracts in the case of a largely impossible replacement in Australia is bound to have a huge impact on the shipping industry.
It is recommended that each port of the shipowner consult the agent whether the agent can carry out the shift change operation, and do its best to ensure that the overdue crew can be changed, if the change is not successful, the relevant evidence should be retained, and can not be lucky, if the AMSA inspection finds that the port where the ship has docked meets the conditions for substitution and the shipowner has not arranged, even if the ship's port of call to Australia has been exempted from the flag state, AMSA may not accept the exemption.
In fact, according to the Shun Tak Maritime Network recently reported "Note that seafarers have overdue service has been recorded as a ship defect", recently, a dry bulk ship named Berge Heng Shan was fired by the AMSA (Australian Maritime Safety Agency) in Hedland, Australia, because the seafarer's on-board service was overdue and there was no related repatriation plan.
Please pay attention to the above important news from shipowners, ship management companies, shipping companies, captains and seafarers.