AMSA MO 2013/3 Marine Order 4 (Transitional modifications) 2013 I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012. 16 May 2013 Graham Peachey Chief Executive Officer 1 Name of Order 2 Commencement 3 Modification of orders Schedule 1 Marine Order 1, issue 2 Schedule 2 Marine Orders Part 3, issue 6 Schedule 3 Marine Orders Part 6, issue 5 Schedule 4 Marine Orders Part 9, issue 6 Schedule 5 Marine Orders Part 12, issue 3 Schedule 6 Marine Orders Part 15, issue 5 Schedule 7 Marine Orders Part 16, issue 3 Schedule 8 Marine Orders Part 17, issue 6 Schedule 9 Marine Orders Part 18, issue 4 Schedule 10 Marine Orders Part 19, issue 4 Schedule 11 Marine Orders Part 21, issue 8 Schedule 12 Marine Orders Part 25, issue 7 Schedule 13 Marine Orders Part 27, issue 4 Schedule 14 Marine Order 28, issue 4 Schedule 15 Marine Orders Part 30, issue 8 Schedule 16 Marine Orders Part 31, issue 6 Schedule 17 Marine Orders Part 32, issue 3 Schedule 18 Marine Orders Part 33, issue 4 Schedule 19 Marine Orders Part 34, issue 6 Schedule 20 Marine Orders Part 35, issue 2 Schedule 21 Marine Orders Part 41, issue 10 Schedule 22 Marine Orders Part 42, issue 2 Schedule 23 Marine Orders Part 43, issue 6 Schedule 24 Marine Orders Part 44, issue 5 Schedule 25 Marine Orders Part 47, issue 3 Schedule 26 Marine Orders Part 49, issue 5 Schedule 27 Marine Orders Part 50, issue 6 Schedule 28 Marine Orders Part 51, issue 1 Schedule 29 Marine Orders Part 52, issue 2 Schedule 30 Marine Orders Part 54, issue 5 Schedule 31 Marine Orders Part 55, issue 2 Schedule 32 Marine Orders Part 56, issue 2 Schedule 33 Marine Orders Part 57, issue 3 Schedule 34 Marine Orders Part 58, issue 2 Schedule 35 Marine Order 59, issue 2 Schedule 36 Marine Order 60, issue 2 Schedule 37 Marine Order 62, issue 1 Schedule 38 Marine Order 91, issue 5 Schedule 39 Marine Orders Part 93, issue 5 Schedule 40 Marine Orders Part 94, issue 5 Schedule 41 Marine Orders Part 96, issue 2 Schedule 42 Marine Orders Part 97, issue 1 1 Name of Order This Order is Marine Order 4 (Transitional modifications) 2013. 2 Commencement (1)This Order commences on 1 July 2013. (2)However, for Schedules 7 and 16, Division 2 commences immediately after Division 1. 3 Modification of orders For subsection 343(2) of the Navigation Act 2012, each order mentioned in the title of a Schedule has effect with the modifications of the order mentioned in the Schedule. Note 1 Marine Orders Part 11 (Substandard ships) is not supported by the Navigation Act 2012 and is not being modified. It therefore ceases to have effect on 1 July 2013. However, a new Marine Order 11 (Living and working conditions on vessels) 2013 commences on 1 July 2013. It combines the material formerly in Marine Orders Part 10 (Medical first aid on ships), Marine Orders Part 14 (Accommodation) and Marine Orders Part 53 (Employment of crews), which also are not being modified and therefore cease to have effect on 1 July 2013. Note 2 Marine Orders Part 61 (Safe working on board ships) is also not supported by the Navigation Act 2012 and is not being modified. It therefore ceases to have effect on 1 July 2013. The effect of the order is dealt with under the Occupational Health and Safety (Maritime Industry) Act 1993. Note 3 Provisions of some orders as in force immediately before 1 July 2013 were made under both the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and are modified by this Order to the extent that they were made under the Navigation Act 1912. Therefore, from 1 July 2013, the text of those provisions to the extent that they were made under the Navigation Act 1912 (and modified) will differ from the text of the provisions to the extent that they were made under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. Note 4 The orders as modified do not constitute compilations for the Legislative Instruments Act 2003. Compilations of the modified orders are available on AMSA's website at http://www.amsa.gov.au. Schedule 1 Marine Order 1, issue 2 (section 3) [1] Section 4 substitute 4 Purpose The purpose of this Order is: (a) to facilitate the consistency and shortening of Marine Orders by setting out: (i) rules of interpretation that generally apply to all Marine Orders; and (ii) generic provisions that a Marine Order may adopt; and (b) to prescribe recognised organisations; and (c) to prescribe matters for the Navigation Act arrangements for vessels to opt in to coverage under the Navigation Act; and (d) to provide for the enforcement of civil penalty provisions in Marine Orders. 4A Power 4A.1Paragraph 25(2)(d) of the Navigation Act provides for regulations to prescribe matters of which AMSA must be satisfied before, by written instrument, making an opt-in declaration for a vessel. 4A.2Subsection 26(2) of the Navigation Act provides that if AMSA is satisfied of matters prescribed by the regulations AMSA is to revoke an opt- in declaration for a vessel if requested by the owner, or any of the owners. 4A.3Subsection 305(1) of the Navigation Act provides for regulations to provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty as an alternative to civil proceedings. 4A.4Subsection 339(1) of the Navigation 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. 4A.5Paragraph 339(2)(o) of the Navigation Act provides for regulations to be made providing for regulations of a transitional nature arising out of the enactment of the Navigation Act or the repeal of the Navigation Act 1912. 4A.6 Paragraph 341(3)(b) of the Navigation Act provides for regulations to be made providing for review of decisions under the regulations. 4A.7 Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations. [2] Section 5, definition of Act omit [3] Section 5, definition of surveyor substitute Marine Order means an order made under subsection 342(1) of the Navigation Act, section 24 of the AFS Act or section 34 of the Pollution Prevention Act. [4] Sections 6 and 7 substitute 6 Definitions In a Marine Order, unless otherwise provided: AFS Act means the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006. Area Manager means the person occupying the AMSA position of: (a) Manager, Ship Safety Division — North; or (b) Manager, Ship Safety Division — South; or (c) Manager, Ship Safety Division — East; or (d) Manager, Ship Safety Division — West. Australian fishing vessel means a fishing vessel that is registered or entitled to be registered, in Australia. Australian General Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981. Australian International Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981. cargo vessel has the meaning given to cargo ship in Regulation 2 of Chapter 1 of SOLAS. fishing operations means: (a) the taking, catching or capturing of fish for trading or manufacturing purposes; and (b) the processing or carrying of the fish that are taken, caught or captured. fishing vessel means a vessel that: (a) is used wholly or principally for fishing operations; and (b) is not: (i) a customs vessel; or (ii) a government vessel; or (iii) a recreational vessel; or (iv) a domestic commercial vessel. Note The vessels mentioned in paragraph (b) are defined in the Navigation Act — see s 14(1) of the Act. General Manager, Emergency Response Division means the person occupying the position of General Manager, Emergency Response Division, AMSA. General Manager, Marine Environment Division means the person occupying the position of General Manager, Marine Environment Division, AMSA. General Manager, Ship Safety Division means the person occupying the position of General Manager, Ship Safety Division, AMSA. IMO means the International Maritime Organization. length, for a vessel, has the same meaning as in the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 relating to the International Convention on Load Lines, 1966. Manager, Marine Environment Standards means the person occupying the position of Manager, Marine Environment Standards, AMSA. Manager, Ship Inspection and Registration means the person occupying the position of Manager, Ship Inspection and Registration, AMSA. Manager, Ship Operations and Qualifications means the person occupying the position of Manager, Ship Operations and Qualifications, AMSA. MARPOL — see subsection 3(1) of the Pollution Prevention Act, meaning of the Convention. national law — see section 14 of the Navigation Act, meaning of Marine Safety (Domestic Commercial Vessel) National Law. National Standard for Commercial Vessels (or NSCV) — see section 6 of the national law, meaning of National Standard for Commercial Vessels. natural resources means the mineral and other non-living resources of the seabed and its subsoil. Navigation Act means the Navigation Act 2012. offshore industry mobile unit means: (a) a vessel or structure that is used or intended to be used wholly or primarily in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources by drilling the seabed or its subsoil or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the vessel or structure; or (b) a barge or similar vessel that is used or intended to be used wholly or primarily in connection with the construction, maintenance or repair of offshore industry fixed structures. offshore support vessel means a vessel, other than an offshore industry mobile unit, that is used or intended to be used in any operations or activities associated with, or incidental to, exploring or exploiting natural resources. passenger vessel has the same meaning as passenger ship in Regulation 2 of Chapter I of SOLAS. Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. SOLAS has the same meaning as Safety Convention in section 14 of the Navigation Act.- STCW Code means the Seafarers' Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of Parties to the STCW Convention. Note The resolution mentioned in the definition of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference of the Parties to the STCW Convention (STCW/CONF.2/34). structure, for paragraph (a) of the definition of offshore industry mobile unit, means a structure that is: (a) not a vessel; and (b) able to float or be floated; and (c) able to move or be moved as an entity from place to place. USL Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council established by the Council of Australian Governments (COAG) and as in force from time to time. Note 1 Other terms used in Marine Orders have the same meaning they have in the Act or Acts under which they are made — see s 14(1) of the Navigation Act, s 3 of the AFS Act and s 3 of the Pollution Prevention Act. Note 2 The term owner is defined in s 14(1) of the Navigation Act. It includes the person with overall general control and management of the operation of a vessel. This is equivalent to a Company defined in paragraph .25 of regulation I/1 of the STCW Convention, regulation IX-1 of SOLAS and paragraph 1.1.2 of Part A of the International Safety Management Code (ISM Code) of the IMO. 7 Recognised organisations For the definition of recognised organisation in section 14 of the Navigation Act, each corporation or association mentioned in Schedule 1 is prescribed. [5] Section 10, notes 1 and 2 substitute Note 1 Subregulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides that a person who fails to comply with a provision of an Order made under subsection 34(1) of the Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides similarly about provisions of Orders made under the Pollution Prevention Act. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders. Note 2 Orders made under the Navigation Act (unlike those made under the Navigation Act 1912) may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, s 341(1)(a) and s 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, s 341(1)(a) and Crimes Act 1914, s 4B. Orders may also impose civil penalties — see Navigation Act, s 341(1)(b). Note 3 For the value of a penalty unit — see Crimes Act 1914, s 4AA. Note 4 For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, s 4C. [6] Division 4 substitute Division 4 Approved forms 20 Approved forms If AMSA approves a form for a particular purpose in an Order, the approved form must be used for that purpose. Note 1 AMSA may, in writing, approve a form for a provision of an Order made under the Navigation Act or the Pollution Prevention Act — see Navigation Act, s 338 and definition of this Act in s14(1), and Pollution Prevention Act, s3A and definition of this Act in s3(1). Note 2 Approved forms are available on the AMSA website at http://www.amsa.gov.au/forms. Division 5 Opting in to coverage 21 Opt-in declaration — prescribed matters 21.1An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form. Note 1 See section 20 for information about approved forms. Note 2 AMSA may determine fees for processing applications — see section 47 of the AMSA Act. 21.2For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following: (a) the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class; (b) the vessel is not any of the following: (i) a recreational vessel; (ii) a Class 1E vessel; (iii) a Class 2D or 2E vessel; (iv) a Class 3B, 3C, 3D or 3E vessel; (v) a Class 4C, 4D or 4E vessel; (c) if AMSA considers that the vessel must be inspected before making a decision on the application —the vessel has been inspected by an inspector; (d) if the vessel is a Class 1B or 2B vessel —it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size; (e) the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations. Note 1 For paragraph (b), vessels are assigned a service category according to the nature of vessel's use and operational areas — see clause 3.5.1 of Part B of the NSCV. Note 2 Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 21.1, together with other things mentioned in subsection 25(2), before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters. Note 3 For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act. 22 Revocation of opt-in declaration — prescribed matters For subsection 26(2) of the Navigation Act, other matters of which AMSA must be satisfied are the following: (a) the vessel has not been maintained in accordance with the requirements of the recognised organisation with which it is in class; (b) the vessel does not, after 30 days after commencement of the opt-in declaration for the vessel, comply with the requirements of the Navigation Act, including certification requirements, that apply to a vessel of its size and class; (c) the vessel does not comply with any other condition that AMSA has applied to the declaration. Note AMSA must revoke an opt-in declaration for a vessel if the owner, or any of the owners, of the vessel requests, and AMSA is satisfied of the matters mentioned in this section — see subsection 26(2) of the Navigation Act. Division 6 Infringement notices 23 When infringement notice can be given If there are reasonable grounds for believing that a person has contravened a civil penalty provision, AMSA or an inspector may give to the person an infringement notice for the infringement notice penalty of one-fifth of the maximum penalty that a court could impose on the person for contravention of the provision. 24 Contents of infringement notice 24.1The notice must include the following information: (a) the name and address of the person given the notice; (b) if the person is an individual — the person's date of birth; (c) the provision of the Navigation Act, Marine Orders or the regulations that is alleged to have been contravened; (d) details of the alleged contravention, including: (i) the day and, if known, the time when it is alleged to have occurred; and (ii) the place where it is alleged to have occurred; (e) the maximum penalty that may be imposed by a court for the alleged contravention; (f) the amount payable as the infringement notice penalty; (g) a statement that the person can apply to AMSA for an extension of time to pay under section 27; (h) a statement that the person may pay a penalty as an alternative to civil proceedings: (i) before the end of 28 days after the day the notice is given; or (ii) if a further period is allowed by AMSA under section 27 — before the end of the further period; or (iii) if payment by instalments is permitted by the AMSA under section 28 — in accordance with the permission; (i) how and where the infringement notice penalty may be paid; (j) a statement that if, before the end of 28 days after service of the notice, the person tells AMSA, in the way set out in the notice, about any facts or matters that the person thinks should be taken into account for the contravention and asks that AMSA withdraw the notice in accordance with section 29; (i) time for payment of the penalty will be extended to the extent necessary for a decision to be made about those facts or matters; and (ii) AMSA must consider the matters mentioned in section 29; (k) a statement that, if the infringement notice penalty is paid in time: (i) the person's liability for the contravention is discharged; and (ii) further proceedings cannot be taken against the person for the contravention. (l) a statement to the effect that, if none of the things mentioned in paragraph (h) or (j) is done within the time specified, the person may be proceeded against for the alleged contravention and may be found liable for an amount up to the maximum penalty for the contravention; (m) the name or identifying number of the person who gave the notice. 24.2An infringement notice may contain any other information that AMSA or the inspector considers necessary. 25 Giving the notice 25.1The notice must be given to the person within 12 months after the alleged contravention occurred. 25.2The notice must be given by: (a) handing the notice to the person; or (b) mailing it to the person's last known address; or (c) leaving it at the person's last known address with a person apparently over 16 years old; or (d) if the person is a body corporate: (i) mailing it to the registered office of the person; or (ii) leaving it at the registered office of the person with a person apparently over 16 years old. 26 Time for payment of penalty The penalty stated in an infringement notice must be paid within: (a) 28 days after the day when the notice is given to the recipient; or (b) another period mentioned in this Order. 27 Extension of time to pay 27.1On written application by a person to whom an infringement notice has been given, AMSA may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not it is more than 28 days after the notice was given. 27.2If application is made after 28 days after the notice was given, the application must include an explanation why the person issued the notice could not deal with the notice within that period. 27.3AMSA must: (a) grant or refuse a further period; and (b) give the applicant written notice of the decision; and (c) if the decision is a refusal — mention in the notice the reasons for refusal. 27.4The person must pay the penalty: (a) if a further period is granted — before the end of that period; or (b) if the decision is a refusal — before the end of the later of: (i) 7 days after receiving notice of the refusal; or (ii) the 28 day period. 28 Payment by instalments 28.1On written application by a person to whom an infringement notice has been given, AMSA may make an arrangement with a person to whom an infringement notice has been given (whether or not the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments. 28.2AMSA must: (a) grant or refuse to make an arrangement; and (b) give the applicant written notice of the decision; and (c) if the decision is a refusal — mention in the notice the reasons for refusal. 28.3The person must pay the penalty: (a) if an arrangement is made — in accordance with the arrangement; or (b) if the decision is a refusal — before the end of the later of: (i) the 28 day period; or (ii) 7 days after receiving the notice of the refusal. 29 Withdrawal of infringement notice 29.1Whether or not a notice is received under subsection 29.2, AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice. 29.2Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn. 29.3Within 28 days after receiving the application, AMSA must: (a) withdraw, or refuse to withdraw, the notice; and (b) give the applicant written notice of the decision; and (c) if the decision is a refusal — mention in the notice the reasons for the refusal. 29.4In making a decision, AMSA must consider: (a) the facts or matters mentioned in the application; and (b) the circumstances in which the contravention of the Navigation Act mentioned in the notice is alleged to have occurred; and (c) whether the person has been found previously to have contravened a civil penalty provision in the Navigation Act; and (d) whether an infringement notice has previously been given to the person for an contravention of the same kind as that mentioned in the notice; and (e) any other matter AMSA considers relevant to the decision. 29.5If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it. 30 Notice of refusal If AMSA decides to refuse to withdraw an infringement notice, notice of the decision must state: (a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged contravention; and (b) that if the amount is not paid, the person may be prosecuted for the alleged contravention. 31 Payment of penalty if infringement notice not withdrawn If AMSA refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal. 32 Effect of payment of infringement notice penalty 32.1If a person who is given an infringement notice pays the infringement notice penalty in accordance with this Division: (a) the person's liability for the contravention is discharged; and (b) further civil proceedings cannot be taken against the person for the contravention; and (c) the person is not taken to have done the contravention. 32.2Subsection 32.1 applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement. 33 Admissions under subsection 29.2 Evidence of an admission made by a person in an application under subsection 29.2 is inadmissible in proceedings against the person for the alleged contravention. 34 Matter not to be taken into account in determining penalty 34.1This section applies if a person who is given an infringement notice: (a) elects not to pay the infringement notice penalty; and (b) is found by an eligible court to have contravened the civil penalty provision mentioned in the notice. 34.2In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty. 35 Evidence for hearing 35.1At the hearing of proceedings for an alleged contravention mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate: (a) a certificate signed by AMSA or an inspector stating that: (i) the notice was given to the person alleged to have done the contravention; and (ii) the infringement notice penalty has not been paid in accordance with this Division; (b) a certificate signed by AMSA or an inspector and stating that the notice was withdrawn on a day mentioned in the certificate; (c) a certificate signed by AMSA and stating that: (i) a further period was refused, under section 27, for payment of the infringement notice penalty; and (ii) the infringement notice penalty has not been paid in accordance with this Division; (d) a certificate signed by AMSA and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate; (e) a certificate signed by AMSA and stating that: (i) for section 27, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time. 35.2A certificate that purports to have been signed by AMSA or an inspector is taken to have been signed by that person unless the contrary has been proved. 36 Infringement notice not compulsory, etc Nothing in this Division is taken: (a) to require that a person suspected of having contravened a civil penalty provision in the Navigation Act be given an infringement notice; or (b) to affect the liability of a person to be prosecuted for an alleged contravention, if: (i) an infringement notice is not given to the person for the contravention; or (ii) an infringement notice is given, and withdrawn; or (c) to limit the penalty that may be imposed by a court on a person for the contravention. Division 7 Transitional matters 37 Certificates 37.1For paragraph 339(2)(o) of the Navigation Act, a certificate of a kind mentioned in the table that was in force under the provision of the Navigation Act 1912 mentioned in the table immediately before the repeal of the Navigation Act 1912 has effect as if it was a certificate issued under the corresponding provision of the Navigation Act until the earlier of: (a) the date that the certificate would have expired under the Navigation Act 1912; or (b) if the certificate is revoked — the date of revocation. Navigation Act 1912 provision Kind of certificate Corresponding provision of Navigation Act Subsection 194(4) Certificate of survey Section 100 Subsection 194(4) Certificate of equipment Section 100 Subsections 206D(1) and (3) Passenger ship safety certificate Section 100 Subsections 206D(2) and (4) Passenger ship short voyage safety certificate Section 100 Section 206E Cargo ship safety construction certificate Section 100 Section 206F Cargo ship safety equipment certificate Section 100 Section 206G Cargo ship safety radio certificate Section 100 Section 206GA Cargo ship safety certificate Section 100 Section 206H Exemption certificate Section 100 Section 206J Nuclear passenger ship safety certificate Section 100 Section 206K Nuclear cargo ship safety certificate Section 100 Section 206M Certificate (foreign ship) Section 319 Section 222 Load line certificate Section 100 Section 223 International Load Line Exemption Certificate Section 100 Section 267B Ship construction certificate Section 132 Section 267C International Oil Pollution Prevention Certificate Section 132 Section 267Q Chemical tanker construction certificate Section 132 Section 267ZG International Sewage Pollution Prevention Certificate Section 132 Section 267ZW Air pollution prevention certificate Section 132 Section 405F Tonnage measurement certificate Section 155 37.2However, a tonnage measurement certificate issued under section 405F of the Navigation Act 1912 that is a perpetual certificate has continued effect as if it was a certificate issued under section 155 of the Navigation Act unless it is revoked. 38 Things done 38.1For paragraph 339(2)(o) of the Navigation Act, a thing done under a provision of the Navigation Act 1912, that is of a kind mentioned in the table that was in force immediately before the repeal of the Navigation Act 1912, has effect under the corresponding provision of the Navigation Act or a Marine Order until the earlier of: (a) the date that the thing done would have expired under the Navigation Act 1912; or (b) if the thing done is revoked —— the date of revocation. Navigation Act 1912 provision Kind of thing done Corresponding provision of Navigation Act or Marine Order Subsection 14(1) Order about minimum complement required for a ship Subsection 51(1) of the Navigation Act Subsection 123(1) Appointment of Medical Inspector of Seamen Section 8A of Marine Order 9 38.2For paragraph 339(3)(b) of the Navigation Act, each of the following things done under the Navigation Act 1912 that was in force immediately before the repeal of the Navigation Act 1912, has effect under the Navigation Act unless it is revoked: (a) an order under subsection 427(2) about the Uniform Shipping Laws Code; (b) an order under subsection 427(3) about the National Standard for Commercial Vessels. [7] Schedule 1, heading substitute Schedule 1 Recognised organisations (section 7) [8] Further amendments provision omit each mention of insert Section 1 1, issue 2 1 (Administration) 2011 Subsection 11.1 ship vessel Subsection 12.1, note 2 section 338 of the Criminal Code. subsections 136.1 and 137.1 of the Criminal Code. Subsections 18.2, 18.3 and 18.4 Maritime Operations Ship Safety Schedule 1, note bodies organisations Schedule 1, note classification societies recognised organisations Schedule 2 Marine Orders Part 3, issue 6 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 3 (Seafarer qualifications) 2004. 1A Purpose This Order: (a) specifies standards of competence and other conditions to be met by a person performing the duties or functions of a seafarer under the Navigation Act; and (b) provides for seafarer certificates; and (c) gives effect to the STCW Convention. 1B Power 1B.1Part 2 of Chapter 2 of the Navigation Act generally provides for the regulations to provide for applications for, and dealings with, seafarer certificates. 1B.2Section 28 of the Navigation Act provides for the regulations to provide for seafarer certificates, including giving effect to the STCW Convention. 1B.3Subsection 31(2) provides that a seafarer certificate is subject to conditions prescribed in the regulations. 1B.4Section 314 of the Navigation Act provides that the regulations may prescribe certain matters for certificates. 1B.5Subsection 339(1) of the Navigation 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 Navigation Act. 1B.6Paragraph 340(1)(h) of the Navigation Act provides for regulations to be made giving effect to the STCW Convention. 1B.7Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations. [2] Section 2, heading substitute 2 Definitions In this Order: [3] Section 2, definitions of AMSA and General Manager omit [4] Section 2, definition of endorsement substitute endorsement means an endorsement mentioned in sections D and L, other than an STCW Endorsement. [5] Section 2, definition of International Safety Management Code substitute International Safety Management Code — see section 2 of Marine Order 58 (International Safety Management Code) 2002. [6] Section 2, definitions of Manager, Navigation Act, NSCV, penal provision, STCW Code, STCW Convention and USL omit [7] Section 2, definition of valid, footnote 3 substitute as note to definition Note Marine Order 9 (Health — medical fitness) 2010 requires a person to hold a valid Certificate of Medical Fitness to serve at sea. [8] Section 2, after definition of WIG craft insert Note 1 Terms used in this Order have the same meaning that they have in the Navigation Act, including: • AMSA • marine incident • master • owner • seafarer • STCW Convention • Tonnage Convention. Note 2 Some terms used in this Order are defined or explained in Marine Order 1 (Administration) 2011, including: • General Manager, Ship Safety Division • Manager, Ship Operations and Qualifications • Navigation Act • offshore industry mobile unit • SOLAS • STCW Code. [9] Subsection 3.2 omit [10] Sections 5 and 6 substitute 5 Review of decisions A decision under section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act. 6 Kinds of seafarer certificates 6.1 Seafarer certificates that may be applied for 6.1.1For section 30(1) of the Navigation Act, a kind of seafarer certificate is a certificate that is: (a) a certificate of a particular designation or grade that belongs to the following classes of certificate: (i) certificate of competency; (ii) certificate of proficiency (integrated rating); (iii) certificate of rating; or (b) a WIG Officer Certificate; or (c) a certificate of proficiency as ship security officer; or (d) a certificate of proficiency in survival craft and rescue boats; or (e) a certificate of safety training; or (f) a certificate of recognition; or (g) an endorsement, which may be included in a certificate. 6.2 Seafarer certificates required to be held 6.2.1For section 35(1) of the Navigation Act, a person must hold a particular seafarer certificate for performance of duties or functions mentioned in sections D, E, F, G, H, I, J and L of this Order. 6.2.2For section 35(1) of the Navigation Act, a person who performing specific duties or functions related to cargo or cargo equipment on tankers must hold: (a) a certificate of competency as Master, deck officer or engineer officer; or (b) a certificate of proficiency (integrated rating); or (c) a certificate of rating as Able Seaman, Deck Rating or Engine Room Rating. Note Section 35(1) of the Navigation Act provides that a person must not perform duties or functions in relation to an Australian regulated vessel if the person does not hold particular seafarer certificate required to perform those duties or functions. [11] Subsections 7.3, 7.4 and 7.5 substitute 7.3An offence against subsection 7.2 is a strict liability offence. 7.4A person is liable to a civil penalty if the person contravenes subsection 7.2. Civil penalty: 50 penalty units. [12] Section 8 substitute 8 Criteria for, and conditions imposed on, the issue of seafarer certificates For section 31 of the Navigation Act: (a) the criteria for the issue of a seafarer's certificate are those mentioned for the certificate in section C, D, E, F, G, H, I, J, K or L; and (b) the conditions that may be imposed on the issue of a seafarer certificate are those mentioned for the certificate in section CA, D, E, F, G, H, I, J, K or L. [13] After subsection 9.4 insert 9.5 Duration of endorsements 9.5.1An endorsement as a responsible officer on tankers, mentioned in section 48, remains current for 5 years. 9.5.2A type rating endorsement for high speed craft, mentioned in section 49, remains current for: (a) 2 years; or (b) a shorter period, or for a voyage or voyages, mentioned in the endorsement. [14] Section 9, footnote 6 substitute as note at foot of subsection 9.2.1 Note A lesser period may be appropriate, eg if the applicant intends to work for a limited period on a regulated Australian vessel. [15] Before subsection 10.1 insert 10.1AIf the Manager, Ship Operations and Qualifications is satisfied that an applicant has met the eligibility criteria mentioned in this Order for the revalidation of a seafarer certificate, the Manager, Ship Operations and Qualifications will revalidate that seafarer certificate accordingly. [16] After subsection 10.3 insert 10.3AAn endorsement as a responsible officer on tankers, mentioned in section 49, is eligible to have the endorsement revalidated if the holder: (a) has approved sea service, performing functions appropriate to the endorsement, of at least 3 months in total during the 5 years before the application date; or (b) has satisfactorily completed the appropriate course of training mentioned in subsection 49.2.3 within the 12 months before the application date. 10.3BThe holder of a type rating endorsement for high speed craft, mentioned in section 50, is eligible to have the endorsement revalidated if the holder: (a) has approved sea service of at least 6 months within the preceding 2 years on high speed craft of the type and on the route to which the endorsement applies; or (b) has within the year immediately before the application for revalidation satisfactorily completed an approved training program for high speed craft operation. [17] Subsection 11.1.2 omit (a) cancelling it; or [18] After subsection 11.1.4 insert 11.1.5For section 33 of the Navigation Act, the criteria for revoking a seafarer certificate are that: (a) the holder of a seafarer certificate has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or (b) the holder of a seafarer certificate is unable from any cause to perform properly the duties appropriate to the certificate; or (c) a seafarer certificate was obtained by false representation. [19] Subsection 11.3, footnote 8 substitute as note at foot of subsection 11.3 Note In making a decision to suspend or impose restrictions on the use of a seafarer certificate under subsection 11.3, the General Manager, Ship Safety Division must take into account the degree of risk involved in allowing the holder of the certificate to continue to serve in various capacities for which the certificate could otherwise be valid. [20] Subsection 11.5 substitute 11.5 Unlawful alteration For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that has been unlawfully altered by any kind of addition, interpolation or erasure. [21] After subsection 11.6.1 insert 11.6.1A An offence against subsection 11.6.1 is a strict liability offence. 11.6.1B A person is liable to a civil penalty if the person contravenes subsection 11.6.1. Civil penalty: 50 penalty units. [22] Subsection 11.7 substitute 11.7 Seafarer certificates containing factual errors For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that contains factual errors. [23] Subsection 11.8.1 substitute 11.8.1The Manager, Ship Operations and Qualifications may issue a replacement certificate if: (a) satisfied that a certificate has been lost, stolen, damaged or destroyed; or (b) it has been revoked under subsection 11.5 or 11.7. [24] After subsection 11.8.2 insert 11.8.3An offence against subsection 11.8.2 is a strict liability offence. 11.8.4A person is liable to a civil penalty if the person contravenes subsection 11.8.2. Civil penalty: 50 penalty units. [25] After subsection 11.8 insert 11.9 Return of revoked seafarer certificates 11.9.1If a seafarer certificate has been revoked under subsection 11.5 or 11.7, the holder of the certificate must arrange for it to be delivered to an AMSA office within 21 days after being notified that the certificate has been revoked. Penalty: 50 penalty units. 11.9.1An offence against subsection 11.9.1 is a strict liability offence. 11.9.2A person is liable to a civil penalty if the person contravenes subsection 11.9.1. Civil penalty: 50 penalty units. [26] After subsection 16.6 insert 16A Requirements for approved courses and oral examinations 16A.1If a person must complete an approved course before being issued a seafarer certificate, the course must have been completed: (a) if the person provides proof of continuity of sea service since completion of the course that is at least equivalent to the requirements for revalidation mentioned in subparagraph 10.1(a)(i) — within 10 years before the certificate is issued; or (b) in any other case — within 5 years before the certificate is issued. 16A.2If a person must pass an oral examination before being issued a seafarer certificate, the examination must be passed, unless the Manager, Ship Operations and Qualifications determines otherwise: (a) when all other eligibility criteria have been met; and (b) within the 12 months before the certificate is issued. 16A.3If the examiner considers that a person is unable to meet the standard required to pass the oral examination because the person lacks sufficient practical knowledge, the person cannot be re-examined for a period, determined by the examiner as reasonably required for the person to gain the practical knowledge, of up to 6 months. [27] Before section 17 insert Section CA Conditions for particular kinds of seafarer certificates [28] Subsections 17.1, 17.2 and 17.3 substitute The holder of a seafarer certificate that is a certificate of rating as Able Seaman, Deck Rating or Engine Room Rating must have evidence of satisfactorily completing a tanker familiarisation course that complies with paragraphs 1 to 7 of section A-V/1 of the STCW Code if undertaking specific duties or functions related to cargo or cargo equipment on tankers. [29] Subsection 18.1.1 substitute 18.1.1A seafarer certificate is subject to the condition that the holder of the certificate must have evidence of satisfactorily completing the training mentioned in subsections 18.1.2 to 18.1.6 if undertaking duties to assist passengers in emergency situations on board a passenger vessel (other than a ro-ro passenger vessel). [30] Subsection 18.1.4, footnote 9 substitute as note at foot of subsection 18.1.4 Note For this Order, seafarers who have not completed the appropriate safety training are taken to be passengers. [31] Subsection 18.2.1 substitute 18.2.1A seafarer certificate is subject to the condition that the holder of the certificate must have evidence of satisfactorily completing the training mentioned in subsections 18.2.2 to 18.2.6 if undertaking duties to assist passengers in emergency situations on board a ro-ro passenger vessel. [32] Sections 19 to 22 substitute 19 GMDSS General Operators Certificate If a person is required to hold a valid GMDSS General Operators Certificate for the issue or revalidation of a seafarer certificate mentioned in Section D, it is a condition that the GMDSS General Operators Certificate be valid for the term of the seafarer certificate. [33] Section 23 substitute 23 Watchkeeping 23.1A person who takes charge of a navigational watch must hold a valid certificate of competency or certificate or recognition permitting the watchkeeping duties in accordance with section 24. 23.2A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsection 24.1 must also hold a current certificate of medical fitness for the deck department. [34] Subsection 24.1 substitute text before Table 1 24.1 Grades of certificate and duties Subject to any specific requirement of this Order, a person who performs the duties mentioned in an item in Table 1 must hold a certificate of competency or an equivalent certificate of recognition of a grade mentioned in Table 1 for the item. Note Some duties, or service on some vessels, require additional training or endorsements. [35] Subsections 26.7 substitute 26.7Service performed on offshore industry mobile units will not be accepted as qualifying sea service. [36] Sections 28 and 29 omit [37] Section 30 substitute 30 Watchkeeping 30.1A person who takes charge of an engine room watch must hold a valid certificate of competency or an equivalent certificate of recognition permitting the watchkeeping duties in accordance with section 31. 30.2A person who holds a seafarer certificate in order to perform engine room watch duty in accordance with section 31 must also hold a current certificate of medical fitness for the engine department. [38] Subsection 31.3 omit [39] Subsection 32.4, footnote 14 substitute as note at foot of subsection 32.4 Note Generally, the certificates mentioned in subsection 32.4 are issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. [40] Section 36 substitute 36 Watchkeeping 36.1A person who performs duties as part of a navigational watch must hold: (a) a valid certificate of proficiency (integrated rating); or (b) a valid certificate of rating as Able Seaman or Deck Rating; or (c) a valid certificate of safety training, together with documentary evidence to the satisfaction of the Master that the person is competent to form part of a navigational watch; or (d) a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c). 36.2A person who performs duties as part of an engine room watch must hold: (a) a valid certificate of proficiency (integrated rating); or (b) a valid certificate of rating as Engine Room Rating; or (c) a valid certificate of safety training, together with documentary evidence to the satisfaction of the Chief Engineer that the person is competent to form part of an engine room watch; or (d) a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c). 36.3A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsections 36.1 and 36.2 must also hold a current certificate of medical fitness applicable to the duties for which the seafarer certificate is to be used. [41] Subsection 37.1 substitute text before Table 37.1 Grades of certificate and duties Subject to any specific requirement of this Order, a person who performs the duties mentioned in column 2 of Table 5 must hold a seafarer certificate or an equivalent certificate of recognition mentioned in column 1 of Table 5. Note Some duties, or service on some ships, require additional training and/or endorsements. [42] Subsection 37.1, Table 5, definition of designated ship, footnote 17 substitute as note at foot of subsection 37.1 Note The Manager, Ship Operations and Qualifications will not consider the suitability of a vessel unless the vessel is recommended for that purpose by the owner and by a seafarers union. [43] Before section 43 insert 43A Requirement for certificate of proficiency as ship security officer A person who performs the duties or functions of a ship security officer must hold a certificate of proficiency as a ship security officer. [44] Section 44 omit [45] After Section H insert Section I Specific requirements for the issue of certificate of proficiency in survival craft and rescue boats 45.1 Requirement for certificate of proficiency in survival craft and rescue boats A person who takes charge of a survival craft or rescue boat, other than a fast rescue boat, must hold: (a) a certificate of competency, certificate of recognition, certificate of proficiency (integrated rating) or certificate of rating; or (b) a certificate of proficiency in survival craft and rescue boats other than fast rescue boats issued in accordance with subsection 45.2. 45.2 Eligibility criteria for certificate of proficiency in survival craft and rescue boats A person is eligible to be issued with a certificate of proficiency in survival craft and rescue boats other than fast rescue boats if the person: (a) is at least18; and (b) has completed at least 6 months sea service on vessels carrying SOLAS survival equipment; and (c) has satisfactorily completed an approved program of training that complies with paragraphs 1 to 4 of section A-VI/2 of the STCW Code. 45.3 Requirement for certificate of proficiency in fast rescue boats A person who takes charge of a fast rescue boat must hold a certificate of proficiency in fast rescue boats issued in accordance with subsection 45.4. 45.4 Eligibility criteria for certificate of proficiency in fast rescue boats A person is eligible to be issued with a certificate of proficiency in fast rescue boats if that person: (a) holds a certificate of proficiency in survival craft and rescue boats other than fast rescue boats; and (b) has satisfactorily completed an approved program of training that complies with paragraphs 5 to 8 of section A-VI/2 of the STCW Code. Section J Certificate of safety training 46.1 Requirement for certificate of safety training A person who does not hold a certificate of competency, a certificate of recognition, a certificate of proficiency (integrated rating) or a certificate of rating and is engaged in a capacity on board a vessel as part of the vessel's complement with designated safety or pollution prevention duties must hold a certificate of safety training. 46.2 Eligibility criteria for certificate of safety training 46.2.1A person is eligible to be issued with a certificate of safety training if the person: (a) is at least 16; and (b) has satisfactorily completed an approved training course that complies with the training and assessment standards specified in paragraph 2 of section A-VI/1 of the STCW Code. 46.2.2If the Manager, Ship Operations and Qualifications is satisfied that circumstances are such that it would be unreasonable or impracticable to require a person to comply fully with paragraph 46.2.1(b), the person may be issued with a certificate of safety training for voyages, and subject to conditions, that the Manager, Ship Operations and Qualification determines. Section K Certificates of recognition 47 Recognition of certificates issued by a foreign country 47.1 Certificate of recognition – eligibility criteria A person is eligible to be issued with a certificate of recognition if the person: (a) holds a current certificate of medical fitness; and (b) holds a certificate issued by a marine administration in a country other than Australia that: (i) has been approved as having training and certification standards in accordance with the STCW Convention; and (ii) for a certificate for deck or engineer officer duties — has an agreement with Australia about the recognition of the other country's certificates; and (c) produces evidence to the satisfaction of the Manager, Ship Operations and Qualification that: (i) the certificate mentioned in paragraph (b) was issued in accordance with the STCW Convention and is equivalent in grade to the grade of certificate of recognition applied for; and (ii) the person has completed practical training and short courses equivalent to that required for the issue of an equivalent certificate of competency; and (iii) the person has completed qualifying sea service equivalent to that required for the issue of an equivalent certificate of competency; and (d) for a certificate for deck or engineer officer duties — has passed an oral examination appropriate for the grade of certificate conducted by an examiner, including knowledge of Australian maritime legislation; and (e) for a certificate for deck officer duties — holds a valid GMDSS General Operators Certificate; and (f) is an Australian or New Zealand citizen, a permanent resident of Australia or produces evidence that he or she is to be employed in a regulated Australian vessel. Note An application for a certificate of recognition will be accepted as a skills assessment from a prospective migrant before arrival in Australia if evidence of approval for migration is produced. However, a certificate will not be issued until the applicant takes up residence in Australia. 47.2 Restricted certificate of recognition – eligibility criteria A person is eligible to be issued with a certificate of recognition restricted to duties, and for a period, determined by the Manager, Ship Operations and Qualifications if: (a) the person is required to perform duties on a regulated Australian vessel in particular circumstances or for a particular time; and (b) the person is not eligible under subsection 47.1 for the issue of a certificate of recognition; and (c) the Manager, Ship Operations and Qualification is satisfied that the person holds qualifications that are adequate for the performance of those duties in the particular circumstances or for the particular time. 48 Recognition of national law certificates 48.1 If satisfied that the holder of a valid certificate issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 meets the requirements of this Order for the grade of certificate, the Manager, Ship Operations and Qualifications is to certify that by issuing an appropriate document to accompany the certificate. 48.2 The certificate issued is to be recognised as a certificate of competency corresponding to the qualification mentioned in column 2 of an item in Table 3 if it: (a) was issued, renewed, endorsed or recognised to permit the holder to perform duties on a vessel of a size and in an operational area identified with an asterisk in column 1 of the item; and (b) is certified in accordance with subsection 48.1. 48.3 If the certificate is subject to conditions or limitations on its use, its recognition under subsection 48.2 is subject to the same conditions or limitations. Section L Endorsements 49 Tanker endorsement 49.1 Requirement for tanker endorsement 49.1.1 A person who performs duties and functions as a responsible officer on an oil tanker, a chemical tanker or a liquefied gas tanker must hold a certificate of competency or certificate of recognition bearing an endorsement. 49.1.2In subsection 49.1: responsible officer means Master, Chief Mate, Chief Engineer, First Engineer or any other seafarer on operational duty in the cargo control room or any other operational control position and with the immediate responsibility for loading, discharging, care in transit or other handling of cargo. 49.2 Eligibility criteria for tanker endorsement 49.2.1A person is eligible to be issued with an endorsement mentioned in subsection 49.1 if the person has: (a) shipboard service requirements mentioned in subsection 49.2.2; and (b) satisfactorily completed the approved courses of training mentioned in subsection 49.2.3. 49.2.2For subparagraph 49.2.1(a), the shipboard service requirements are: (a) 6 months shipboard service in the previous 5 years in connection with cargo handling duties on an oil tanker, a chemical tanker or a liquefied gas tanker, as appropriate for the kind of endorsement, or at least 3 months of that service including experience of 6 loads and 6 discharges; or (b) approved shipboard training in cargo handling duties on an oil tanker, chemical tanker or liquefied gas tanker, as appropriate for the kind of endorsement, in the previous 5 years; or (c) other service that the Manager, Ship Operations and Qualifications determines to be equivalent to that mentioned in paragraph (a) or (b). 49.2.3For subparagraph 49.2.1(b), the courses of training are: (a) for an oil tanker — a course of training that meets the requirements of paragraphs 9 to 14 of section A-V/1 of the STCW Code; and (b) for a chemical tanker — a course of training that meets the requirements of paragraphs 16 to 21 of section A-V/1 of the STCW Code; and (c) for a liquefied gas tanker — a course of training that meets the requirements of paragraphs 23 to 34 of section A-V/1 of the STCW Code. 49.2.4An endorsement is subject to the condition that the person must be capable of carrying out the duties as a responsible officer without supervision. 50 High speed craft endorsement 50.1 Requirement for type rating endorsement for high speed craft A person who performs duties and functions as Master, Chief Mate, or Watchkeeper (Deck) on a high speed craft must hold: (a) a certificate of competency or certificate of recognition for the deck officer duties; and (b) a type rating endorsement appropriate to that type of high speed craft on that route. 50.2 Eligibility criteria for type rating endorsement for high speed craft A type rating endorsement may be issued to a person for a high speed craft for a route if the person: (a) holds a certificate of competency or certificate of recognition for the deck officer duties; and (a) has satisfactorily completed approved high speed craft training, relevant to the type of craft and the route, that meets the requirements of paragraphs 18.3.3.1 to 18.3.3.12 of the International Code of Safety for High Speed Craft, adopted by IMO Resolution MSC.97(73); and (b) has practical experience and familiarisation training to the satisfaction of the Manager, Ship Operations and Qualifications. 51 Sailing vessel endorsement 51.1 Requirement for sailing vessel endorsement 51.1.1 A person who performs the functions or duties as a master on a square rig sailing vessel must hold a certificate of competency or certificate of recognition for deck officer duties with an endorsement for square rig sailing vessels. 51.1.2 A person who performs the functions or duties as a master on a fore and aft rig sailing vessel must hold a certificate of competency or certificate of recognition for deck officer duties with an endorsement for square rig, or for fore and aft rig, sailing vessels. 51.2 Eligibility criteria for sailing vessel endorsement 51.2.1 A certificate may be endorsed for service as a master on a sailing vessel if the holder: (a) has completed an approved course, including assessment, in knowledge of sailing vessels; and (b) for square rig vessels — holds a Nautical Institute Square Rig Sailing Ship Certificate; and (c) for fore and aft rig vessels only — holds Yachting Australia Ocean Going Certificate, endorsed 'Offshore Instructor'; and (d) has served as a deck officer, on a sailing vessel of the type for which the endorsement is required, for at least 12 months, or for at least 6 months and produces testimonials from the master of the vessel confirming that the holder was assessed on board vessel and found competent to serve as master. 51.2.2 The Manager, Ship Operations and Qualifications may accept alternative evidence of knowledge and experience of sailing vessels to meet the requirements of subsection 51.2.1. [46] Other amendments provision omit each occurrence of insert Section 2, definition of approved Manager Manager, Ship Operations and Qualifications Section 2, definition of current cancelled revoked Section 2, definition of examiner Manager Manager, Ship Operations and Qualifications Section 2, definition of examiner Part Order Section 2, definition of GMDSS General Operators Certificate Marine Orders, Part 6 (Marine Qualifications — Radio) Marine Order 6 (Marine qualifications — radio) 2000 Section 2, definition of GT Measurement Convention as defined in the Navigation Act Tonnage Convention Section 2, definition of high speed craft ship vessel Section 2, definition of high speed craft Marine Orders, Part 49 (High Speed Craft) Marine Order 49 (High speed craft) 2009 Section 2, definition of kind ship vessel Section 2, definition of ship security officer the ship, the vessel, Section 2, definition of ship security officer security of the ship security of the vessel Section 2, definition of STCW Endorsement by a State or Territory under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 Subsection 3.1 3.1 In this Part In this Order Section 4 This Part This Order Paragraph 4(a) master, officer or seaman on a ship subject to Part II of the Navigation Act seafarer on a regulated Australian vessel Paragraph 4(b) certificate issued under this Order seafarer certificate Section 7, heading and subsections 7.1 and 7.2 issue, revalidation or endorsement of a certificate issue or revalidation of a seafarer certificate Section 7 Manager Manager, Ship Operations and Qualifications Section 7 Part Order Subsection 7.2 This is a penal provision Penalty:50 penalty units. Section 9, heading certificates seafarer certificates Subsection 9.1 10.4 subsection 10.4 Subsection 9.1 10.1 subsection 10.1 Subsection 9.2.1 Manager Manager, Ship Operations and Qualifications Subsections 9.2.1 and 9.2.2 21.2 subsection 47.1 Sections 10 and 11 Manager Manager, Ship Operations and Qualifications subsection 10.1 in 10.2 mentioned in subsection 10.2 Subsection 10.4 a person the holder of a seafarer certificate Subsection 10.4 person's certificate certificate Subsection 10.4 the person the holder Subsection 10.4 10.1 subsection 10.1 Section 11, heading certificates seafarer certificates Section 11 ship vessel Subsection 11.1 certificate seafarer certificate Subsection 11.1.3 11.1.2(b) paragraph 11.1.2(b) Subsection 11.1.4 11.1.2(c) paragraph 11.1.2(c) Subsection 11.2 The Manager must not cancel, suspend or impose restrictions on the use of a certificate under A seafarer's certificate will not be revoked, suspended or have restrictions imposed on its use under subsection Paragraph 11.2(a) 11.1.1(a) paragraphs 11.1.1(a) Subsection 11.3, heading Serious accidents or incidents Marine incidents Subsection 11.3 serious accident or incident marine incident Subsection 11.3 the accident or incident the marine incident Subsection 11.3 General Manager General Manager, Ship Safety Division Subsection 11.3 11.2 subsection 11.2 Subsection 11.3 certificate seafarer certificate Subsection 11.4.1 cancel revoke Subsection 11.4.1 cancellation, revocation revocation Paragraph 11.4.1(b) provision 5.1 section 5 Subsection 11.4.2 cancellation revocation Subsection 11.6, heading Cancelled or suspended certificates Suspended seafarer certificates Subsection 11.6.1 certificate that has been cancelled or seafarer certificate that has been Subsection 11.6.1 cancellation or suspension suspension Subsection 11.6.3 has been cancelled, is is Subsections 11.6.1 and 11.8.2 This is a penal provision Penalty:50 penalty units. Subsection 11.8.2 days for cancellation days Section C, heading requirements for certificates eligibility criteria for seafarer certificates and STCW Endorsements Section 12 certificate seafarer certificate Section 12 Part Order Subsection 13.1 Manager, Manager, Ship Operations and Qualifications; Subsections 13.1 and 13.2 Marine Orders, Part 9 (Health—Medical Fitness) Marine Order 9 (Health — medical fitness) 2010 Section 14 ship a vessel Subsections 14.1 and 14.2 is only qualified to may Section 15 Manager Manager, Ship Operations and Qualifications Section 15 Part Order Section 15 hold a be issued a seafarer Subsection 16.1 qualified eligible Subsection 16.1 sections 16.2 subsections 16.2 Subsection 16.2 ship vessel Subsection 16.5 Manager Manager, Ship Operations and Qualifications Subsection 16.6 ships vessels Section 18 ships vessels Section 18.1.2 Personnel Seafarers Section 18.1.3 other personnel seafarers Section 18.1.4 Personnel Seafarers Section 18.1.5 other persons seafarers Section 18.1.6 person seafarer Subsections 18.2.2 and 18.2.3 other personnel seafarers subsection 18.2.3 and responsibilities or functions subsection 18.2.4 Personnel Seafarers subsections 18.2.5 and 28.2.6 person seafarer Subsection 18.3 18.1 subsection 18.1 Subsection 24.1, Table 1 ships vessels Subsection 24.1, Table 1 Duties permitted Duties Subsection 24.2 Part Order Subsection 24.2.1 or a or an equivalent Subsection 24.2.3 Provision Subsection Section 25 Manager Manager, Ship Operations and Qualifications Section 25, heading Eligibility Eligibility criteria Subsection 25.1.1 25.1.2 subsection 25.1.2 Paragraph 25.1.1(b) on ships on vessels Subparagraph 25.1.1(b)(i) trading ships trading vessels Subparagraph 25.1.1(b)(ii) ships vessels Subparagraph 25.1.1(b)(iii) (i) subparagraph (i) Subparagraph 25.1.1(d)(i) issued in accordance with 19.2 mentioned in section 45 Subsection 25.1.2 25.1.1 subsection 25.1.1 Subsection 25.1.2 ships vessels Paragraph 25.2(b) on ships on vessels Subparagraph 25.2(b)(i) trading ships trading vessels Subparagraph 25.2(b)(ii) ships vessels Subparagraphs 25.2(d)(i) and 25.3(e)(i) issued in accordance with 19.2 mentioned in section 45 Paragraph 25.3(c) on ships on vessels Subparagraphs 25.3(c)(ii) and (iv) trading ships trading vessels Subparagraph 25.3(c)(v) on ships on vessels Subparagraph 25.3(c)(v) trading ships trading vessels Subsection 25.4.1 25.4.2 subsection 25.4.2 Paragraph 25.4.1(b) trading ships trading vessels Subparagraph 25.4.1(b)(i) (a) paragraph (a) Subparagraph 25.4.1(d)(i) issued in accordance with 19.2 mentioned in section 45 Subsection 25.4.2 25.4.1 subsection 25.4.1 Subsection 25.4.2 ships vessels Subparagraph 25.4.2(a)(iii) (i) subparagraphs (i) Paragraph 25.5(b) trading ships trading vessels Subparagraph 25.5(b)(i) (a) paragraph (a) Subparagraph 25.5(b)(ii) ships vessels Subparagraphs 25.5(d)(i), 25.6.1(e)(i) and 25.6.2(d)(i) issued in accordance with 19.2 mentioned in section 45 Subsections 25.6.1 and 2 on ships on vessels Subparagraph 25.6.1(c) trading ships trading vessels Subsection 25.6.2 trading ships trading vessels Subsection 25.7 on ships on vessels Paragraph 25.7(c) (b) paragraph (b) Paragraph 25.7(c)(ii) trading ship trading vessel Subparagraph 25.7(e)(i) issued in accordance with 19.2 mentioned in section 45 Subsection 26.1 ship vessel Subsection 26.4 trading ship trading vessel Subsection 26.5.1 supply ships supply vessels Subsections 26.5.1 and 26.5.2 trading ships trading vessels Subsection 26.5.2 Australian Government ships government vessels Subsection 26.6 trading ships trading vessels Subsection 26.6 fishing vessels vessels Section 27 ship vessel Section 31, heading certificates certificates and duties Subsection 31.1.3, Table 3, definitions of ACMW, o/s and i/s part Order Subsection 31.1.3, Table 3, definitions * refer to Provision 31.3 * refer to section 48 Subsection 31.2 Manager Manager, Ship Operations and Qualifications Subsection 31.4 Part Order Subsection 32.1 ships vessels Subsections 32.1 and 32.2 Manager Manager, Ship Operations and Qualifications Subsection 32.2 ships vessels Paragraph 32.3(b) 33 section 33 Subsection 32.3 ships vessels Subsection 32.4 Manager Manager, Ship Operations and Qualifications Paragraph 33.2(c), footnote Manager Manager, Ship Operations and Qualifications Paragraph 34.2(b) (c) paragraph (c) Paragraph 34.2(b) off-shore offshore Paragraph 34.2(c) (b) paragraph (b) Subsection 34.4 ship vessel Subsection 34.5 34.2 subsections 34.2 Subsection 34.5 off-shore offshore Subparagraph 34.5(b)(iii) (i) subparagraph (i) Section 37, heading certificates certificates and duties Subsection 37.1, Table 5 Highest duties permitted Duties Subsection 37.1, Table 5 designated ship designated vessel Subsection 37.1, Table 5 board ship board a vessel Subsection 37.1, Table 5, note any ship any vessel Subsection 37.2 Part Order Subsection 38.1 39.1 subsection 39.1 Paragraph 38.2.1(a) 38.2.2 subsection 38.2.2 Paragraph 38.2.1(a) 39.2 subsection 39.2 Paragraph 38.2.1(c) ship vessel Subsection 38.2.2 Manager Manager, Ship Operations and Qualifications Paragraph 38.3(a) Manager Manager, Ship Operations and Qualifications Paragraph 38.3(a) Part Order Subparagraph 38.4(b)(i) 39.3 subsection 39.3 Paragraph 38.5(b) 39.4 subsection 39.4 Subsection 39.1 39.2 subsection 39.2 Subparagraph 39.1(b)(ii) ships vessels Paragraph 39.1(c) Ship Vessel Paragraph 39.2(b) ship vessel Paragraph 39.2(b) Manager Manager, Ship Operations and Qualifications Paragraph 39.2(b) ships vessels Paragraph 39.3(b) ship vessel Subparagraph 39.4(a)(iv) 6and and Subsection 39.5 ship vessel Subsection 40.2 Part Order Subsection 41 The officers in An officer who takes Section 41 WIG Officer Certificate issued under this Part seafarer certificate that is a WIG Officer Certificate Sections 42 and 43, heading Eligibility Eligibility criteria Subparagraph 43(a)(ii) ship vessel Subparagraph 43(a)(ii) Manager Manager, Ship Operations and Qualifications [47] Further amendments — definitions Each definition in section 2 (other than the definition of International Safety Management Code is amended by: (a) for definitions other than the definition of WIG craft — omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [48] Further amendments — footnotes footnote instruction 4 Re-locate as a note at the foot of subsection 6.1.1 7 Re-locate as a note at the foot of paragraph 10.1(d) 12 Omit 13 Re-locate as a note at the foot of subsection 31.1.1 15 Re-locate as a note at the foot of paragraph 33.2(c) 18 Re-locate as a note at the foot of subsection 38.2.2 Note Footnotes not mentioned in this instrument are omitted as a consequence of the text to which they relate being omitted. Schedule 3 Marine Orders Part 6, issue 5 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 6 (Marine radio qualifications) 2000. 2 Purpose This Order: (a) gives effect to Regulation 16 of Chapter IV of SOLAS which provides that every ship must carry personnel qualified for distress and safety radio communication to the satisfaction of the Administration; and (b) gives effect to Regulation IV/2 of Chapter IV of the STCW Convention which requires that every person in charge of or performing radio duties on a ship that is required to participate in the GMDSS must hold an appropriate certificate related to the GMDSS; and (c) provides for certification requirements for persons operating radio installations, radio navigational aids and communication equipment in a vessel. 3 Power 3.1Sections 28 to 33 and 40 of the Navigation Act provide for the making of regulations for seafarer certificates. 3.2Subsection 28(2) and paragraph 340(1)(h) of the Navigation Act provide that regulations may give effect to the STCW Convention. 3.3Section 314 provides that the regulations may prescribe certain matters for certificates. 3.4Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 3.5Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS. 3.6Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations. [2] Section 2, heading substitute 4 Definitions In this Order: [3] Section 2, definitions of approved and AMSA substitute appropriate certificate means a certificate that: (a) is issued in a country other than Australia; and (b) permits the operation of radio installations on a ship; and (c) the Manager is satisfied is equivalent to a GMDSS certificate. approved means approved in writing by the Manager, Ship Operations and Qualifications. [4] Section 2, definitions of Certificate of Recognition, General Manager, GMDSS certificate and GMDSS ship substitute certificate of recognition means a certificate issued under the Act and mentioned in section 9. fully fitted, for GMDSS equipment, means that the equipment satisfies the functional requirements of: (a) for a vessel to which SOLAS applies — regulation 4 of Chapter IV of SOLAS; or (b) for a vessel to which SOLAS does not apply — subsection 7.2 of Marine Order 27 (Radio equipment) 2009. GMDSS certificate means a certificate issued under the Act and mentioned in section 8. [5] Section 2, definitions of Manager, the Radio Regulations, the STCW Code, the STCW Convention, surveyor and valid substitute Radio Regulations has the same meaning as in Regulation 2.11 of Chapter IV of SOLAS. Note The text of the Radio Regulations is available at the International Telecommunication Union website: http://www.itu.int. valid, for a certificate, means a certificate that: (a) is current; and (b) is not revoked or suspended; and (c) bears the signature of the holder. Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Manager, Ship Operations and Qualifications * Navigation Act * SOLAS * STCW Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * regulated Australian vessel * seafarer certificate * STCW Convention. [6] Sections 3 to 6 substitute 5 Application This Order applies to a person who: (a) operates or intends to operate the radio installation of a regulated Australian vessel; or (b) holds a GMDSS certificate. 6 Exemptions 6.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption from a requirement of this Order. 6.2 The decision maker for the application is the Manager, Ship Operations and Qualifications. 6.3 The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that giving the exemption would not contravene SOLAS or SCTW. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:  making an application  seeking further information about an application  the time allowed for consideration of an application  imposing conditions on approval of an application  notification of a decision on an application  review of decisions. [7] Subsection 7.1 omit issued in a country other than Australia [8] Subsection 7.2 substitute 7.2For subsection 30(1) of the Navigation Act, a GMDSS certificate and a certificate of recognition are seafarer certificates. Note It is an offence under sections 35 and 36 of the Navigation Act for a person to perform, or for the master to allow another person to perform, duties or functions without a seafarer certificate if the regulations require a particular seafarer certificate for the performance of those duties or functions. [9] Sections 8 and 9 substitute 8 GMDSS certificates — criteria for issue 8.1.For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a GMDSS certificate are that: (a) the applicant is at least 18 years; and (b) the Manager, Ship Operations and Qualifications is satisfied that the applicant: (i) has, in the 12 months before the application, satisfactorily completed an approved course that meets the standard of competence mentioned in section A-IV/2 of the STCW Code; or (ii) was issued with a certificate equivalent to a GMDSS certificate by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority and meets the requirements mentioned in section 17 for revalidation of a GMDSS certificate or a certificate of recognition. 8.2However, the Manager, Ship Operations and Qualifications may refuse to issue a GMDSS certificate to a person who has previously held a GMDSS certificate that was varied, suspended or revoked. 9 Certificates of recognition — criteria for issue 9.1For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a certificate of recognition are that: (a) the applicant is at least 18 years; and (b) the applicant holds an appropriate certificate ; and (c) Australia has an agreement in place for mutual recognition of GMDSS certificates with the country that issued the appropriate certificate; or (d) if Australia has no agreement of the kind mentioned in paragraph (c) — the applicant has undergone a formal assessment or completed additional training approved by the Manager, Ship Operations and Qualifications. 9.2However, the Manager, Ship Operations and Qualifications may refuse to issue a certificate of recognition to a person whose appropriate certificate has been varied, suspended or revoked. 10 Certificates — application For subsection 30(2) of the Navigation Act, an application for a GMDSS certificate or a certificate of recognition must: (a) be in writing; and (b) mention the seafarer certificate applied for; and (c) include details of how the applicant satisfies the criteria for issue of the certificate. Note If a form is approved for the application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2011. 11 Certificates — criteria for variation 11.1For section 32 of the Navigation Act, the criteria for variation of a GMDSS certificate or a certificate of recognition are that the holder: (a) applies in writing to the Manager, Ship Operations and Qualifications, stating the nature of the variation sought; and (b) is complying with the conditions of the certificate; and (c) undertakes any additional training approved by the Manager, Ship Operations and Qualifications. 11.2The Manager, Ship Operations and Qualifications may also vary a GMDSS certificate or a certificate of recognition without an application, by imposing restrictions on the use of the certificate, if any of the grounds mentioned in section 12 is established. 12 Certificates — criteria for revocation For section 33 of the Navigation Act, the criteria for revocation of a GMDSS certificate or a certificate of recognition are that the holder: (a) has provided false or misleading information in the application for the certificate; or (b) has contravened, or is contravening, a condition of the certificate; or (c) has demonstrated incompetence or misconduct in navigation, management or working of a vessel; or (d) cannot properly perform the duties the person is permitted to perform under the certificate. 13 Suspension of certificates 13.1For paragraph 314(5)(b) of the Navigation Act, the Manager, Ship Operations and Qualifications may suspend a GMDSS certificate or a certificate of recognition if any of the grounds mentioned in section 12 is established. 13.2If a GMDSS certificate or a certificate of recognition is suspended, it is not in force during the period of suspension. 13.3A certificate may be suspended: (a) for a stated period; or (b) until a stated event happens. 14 Procedures required for revocation, suspension or variation The Manager, Ship Operations and Qualifications may revoke, suspend or vary a certificate by imposing restrictions on the use of the certificate only if: (a) the holder has been told that action against the certificate is proposed, and has been given reasons for the proposed action; and (b) the holder has been given copies of any documents that the Manager, Ship Operations and Qualifications will be using to make his or her decision; and (c) the holder has been allowed at least 28 days to make submissions, which need not be in writing, about the proposed action; and (d) the Manager, Ship Operations and Qualifications has considered any submissions made by the holder. 15 Return of revoked or suspended certificates 15.1For section 40 and paragraph 314(5)(d) of the Navigation Act, a person who receives notice of a revoked or suspended GMDSS certificate or certificate of recognition must return the certificate to the Manager, Ship Operations and Qualifications within 14 days after receiving notice of the revocation or suspension. Penalty 50 penalty units. 15.2An offence against subsection 15.1 is a strict liability offence. 15.3A person is liable to a civil penalty if the person contravenes subsection 15.1. 16 Duration of certificates 16.1A GMDSS certificate: (a) comes into force on the day it is issued; and (b) expires on the earliest of the following: (i) the day determined by the Manager, Ship Operations and Qualifications; (ii) the day 5 years after it is issued; (ii) when it is revoked. 16.2A certificate of recognition: (a) comes into force on the day it is issued; and (b) expires on the earliest of the following: (i) the day determined by the Manager, Ship Operations and Qualifications; (ii) the expiry date of the GMDSS certificate on which the certificate of recognition is based; (ii) when it is revoked. 17 Renewal of certificates 17.1For paragraph 314(5)(a) of the Navigation Act, an application to renew a GMDSS certificate or a certificate of recognition must: (a) be in writing; and (b) mention the certificate sought to be renewed; and (c) include evidence of the applicant's relevant service; and (d) include any other documents that the Manager, Ship Operations and Qualifications considers necessary for assessing the application. Note If a form is approved for the renewal application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2011. 17.2The Manager, Ship Operations and Qualifications may renew a GMDSS certificate or a certificate of recognition for a stated period of up to 5 years if the holder: (a) has maintained a radio watch as a master or an officer of the watch in a seagoing ship fully fitted with GMDSS equipment for at least 12 months in the 5 years before applying for renewal; or (b) has performed functions, relating to the category of GMDSS Certificate held by the person, that the Manager, Ship Operations and Qualifications considers to be at least equivalent to those mentioned in paragraph (a); or (c) has successfully completed training approved by the Manager, Ship Operations and Qualifications. 18 Lost, stolen or destroyed certificates 18.1If a GMDSS certificate is lost, stolen or destroyed, the holder must tell the Manager, Ship Operations and Qualifications within 14 days. Penalty: 50 penalty units. 18.2An offence against subsection 18.1 is a strict liability offence. 18.3A person is liable to a civil penalty if the person contravenes subsection 18.1. 18.4If a lost or stolen GMDSS certificate is subsequently recovered, it must be given as soon as practicable to the Manager, Ship Operations and Qualifications. 18.5The Manager, Ship Operations and Qualifications may issue a new GMDSS certificate to replace a certificate that has been lost, stolen or destroyed. Note A certificate issued by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority can only be replaced by the Australian Communications and Media Authority (ACMA). If necessary, the Manager, Ship Operations and Qualifications will send the certificate to ACMA for replacing. [10] Further amendment — definitions The definition of holder in section 2 is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [11] Further amendment Provision omit each mention of insert Subsection 7.1 ship vessel Subsection 7.1 Certificate certificate Schedule 4 Marine Orders Part 9, issue 6 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 9 (Health — medical fitness) 2010. [2] Subsection 1.1 substitute 1.1 Purpose This Order: (a) for subsection 29(2) of the Navigation Act — prescribes matters relating to the health of persons performing, or intending to perform, the duties of a seafarer; and (b) for subsection 65(2) of the Navigation Act — provides for the medical examination of, and the issue of certificates of fitness to, seafarers and persons proposing to engage in employment as seafarers; and (c) for paragraph 164(2)(a) of the Navigation Act — provides for the medical fitness of licensed pilots; and (d) gives effect to regulation I/9 of the STCW Convention and section B-I/9 of the STCW Code. [3] Subsection 1.2.1 substitute 1.2.1Paragraph 164(2)(a) of the Navigation Act provides for regulations to make provision for conditions, including conditions as to medical fitness, relating to the licensing of pilots under the Act. [4] Sections 2 to 7 substitute 2 Definitions In this Order: applicant means a person who is examined in accordance with subsection 8.2. Certificate of Medical Fitness means a Certificate of Medical Fitness issued in accordance with this Order and that contains at least the information mentioned in Schedule 2. holder, of a Certificate of Medical Fitness, means the person identified as holder by the certificate. Medical Examination Guidelines means the Guidelines for the medical examination of seafarers and licensed pilots, obtainable from AMSA's website at http://www.amsa.gov.au. medical inspector means a person appointed as a medical inspector under section 8A. relevant vessel — see section 3. valid, for a Certificate of Medical Fitness, means a certificate that is in force and that has not been cancelled. Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * Manager, Ship Inspection and Registration * Manager, Ship Operations and Qualifications * Navigation Act * SOLAS * STCW Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * licensed pilot * master * seafarer * STCW Convention. Note 3 A sail trainee is a passenger — see Marine Order 52 (Sailing vessels) 1999. 3 Meaning of relevant vessel For the Order, a relevant vessel is: (a) a regulated Australian vessel; or (b) a vessel that, but for paragraph 15(1)(c) of the Navigation Act, would be a regulated Australian vessel, for which most of the crew are residents of Australia and that is operated by any of the following (whether or not in association with anyone else): (i) a person who is a resident of, or has his or her principal place of business in, Australia; (ii) a company or association that is incorporated, or has its principal place of business, in Australia. 4 Application This Order applies to: (a) a person employed, or proposing to engage in employment, on a relevant vessel; and (b) a person performing, or intending to perform, the duties of a licensed pilot; and (c) a person who employs, or proposes to employ, a person mentioned in paragraph (a) or (b); and (d) an applicant for the issue or revalidation of a certificate under Marine Order 3 (Seagoing qualifications) 2004. 5 Review of decisions A decision under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. 6 Requirement to be medically fit 6.1A person may perform duties as a seafarer on a relevant vessel only if person is medically fit to perform the duties. Penalty: 50 penalty units. 6.2An offence against subsection 6.1 is a strict liability offence. 6.3A person is liable to a civil penalty if the person contravenes subsection 6.1. Civil penalty: 50 penalty units. 6.4The owner of a relevant vessel may take a person into employment to perform duties as a seafarer only if the person is medically fit to perform the duties. Penalty: 50 penalty units. 6.5An offence against subsection 6.4 is a strict liability offence. 6.6A person is liable to a civil penalty if the person contravenes subsection 6.4. Civil penalty: 50 penalty units. 6.7A person may perform the duties of a licensed pilot only if the person is medically fit to perform the duties. Penalty: 50 penalty units. 6.8An offence against subsection 6.7 is a strict liability offence. 6.9A person is liable to a civil penalty if the person contravenes subsection 6.7. Civil penalty: 50 penalty units. 7 Evidence of medical fitness For section 6, a person is medically fit to perform duties if: (a) the person has a valid Certificate of Medical Fitness; and (b) there is no evidence that his or her medical condition has altered since the Certificate of Medical Fitness was issued to an extent that would make him or her unfit to perform the duties. [5] Subsection 8.1, first note omit [6] Subsection 8.3, note substitute Note If an owner of a vessel has additional fitness requirements for particular duties or voyages (eg for the handling of specific cargoes or voyages to the Antarctic), the owner should advise the medical inspector of those requirements and request a supplementary report against them. [7] Subsection 8.8 substitute 8.8 Showing Certificate of Medical Fitness 8.8.1A person required by any provision of a Marine Order to be the holder of a valid Certificate of Medical Fitness must show the certificate on demand to the owner or master of a vessel on which the person serves or intends to serve, or to an inspector. Penalty: 50 penalty units. 8.8.2An offence against subsection 8.8.1 is a strict liability offence. 8.8.3A person is liable to a civil penalty if the person contravenes subsection 8.8.1. Civil penalty: 50 penalty units. [8] After subsection 8.9 insert 8.9.2An offence against subsection 8.9.1 is a strict liability offence. 8.9.3A person is liable to a civil penalty if the person contravenes subsection 8.9.1. Civil penalty: 50 penalty units. [9] After section 8 insert 8A Appointment of medical inspectors 8A.1AMSA may appoint a person as a medical inspector. 8A.2The person must be registered as a medical practitioner in a State or Territory of Australia. Note 1 In appointing a medical inspector, preference is given to a person who either has a Fellowship of the Australasian Faculty of Occupational Medicine (AFOM) or is a trainee of AFOM and works under the direct supervision of a Fellow. Note 2 Under section 33 of the Acts Interpretation Act 1901, AMSA may remove or suspend any person appointed and appoint another person temporarily in the place of any person so suspended. [10] Section 9 substitute 9 Aids to vision or hearing 9.1A seafarer or licensed pilot whose Certificate of Medical Fitness shows that an aid to vision or hearing was used for the purpose of being found medically fit must, at all times when on duty on a vessel: (a) use the aid; and (b) for an aid to vision — keep a spare aid to vision available. Penalty: 50 penalty units. 9.2An offence against subsection 9.1 is a strict liability offence. 9.3A person is liable to a civil penalty if the person contravenes subsection 9.1. Civil penalty: 50 penalty units. [11] Appendix 1 omit [12] Appendix 2, heading substitute Schedule 2 Information to be contained in Certificate of Medical Fitness (section 2, definition of Certificate of Medical Fitness) [13] Further amendments provision omit each mention of insert Subsection 1.2.2 425(1) 339(1) Subsection 1.2.3 425(1AA) 342(1) Subsections 8.1 and 8.2 coastal pilot on a ship licensed pilot on a vessel Subsections 8.1, 8.2, 8.3 and 8.4 Medical Inspector of Seamen medical inspector Subsection 8.1, note 2 Note 2 Note Paragraph 8.5.2 (a) Medical Inspector of Seamen medical inspector Paragraph 8.5.2 (b) Manager Manager, Ship Operations and Qualifications Subsection 8.5.4 ship vessel Subsection 8.5.4 Manager Manager, Ship Operations and Qualifications Subsection 8.5.4 Part Order Subsection 8.5.5 coastal licensed Subsection 8.5.5 Part Order Subsection 8.5.5 Manager Manager, Ship Operations and Qualifications Subsection 8.6.1 8.6.2 subsections 8.6.2 Subsection 8.6.1 8.7 subsection 8.7 Subsection 8.6.2 8.6.3 subsection 8.6.3 Subsection 8.6.2 8.7 subsection 8.7 Subsection 8.6.3 Medical Inspector of Seamen medical inspector Subsection 8.6.4 Manager Manager, Ship Operations and Qualifications Subsection 8.6.4 ship vessel Subsection 8.6.4 Part Order Subsection 8.6.5 8.6.4 subsection 8.6.4 Subsection 8.6.5 coastal licensed Subsection 8.6.6 coastal licensed Section 8.7 Manager Manager, Ship Operations and Qualifications Subsection 8.7.1 Medical Inspector of Seamen medical inspector Subsection 8.7.2 8.7.1 subsection 8.7.1 Subsection 8.7.3 8.7.1 subsection 8.7.1 Paragraph 8.7.3(b) 8.5.4 subsection 8.5.4 Paragraph 8.7.3(b) Medical Inspector of Seamen medical inspector Subsection 8.9 A person 8.9.1 A person Subsection 8.9 8.7.1 subsection 8.7.1 Subsection 8.9 8.7.3 subsection 8.7.3 Subsection 8.9 Manager Manager, Ship Operations and Qualifications Subsection 8.9 This is a penal provision Penalty: 50 penalty units. Section 10 Marine Orders, Part 3 (Seagoing qualifications) Marine Order 3 (Seagoing qualifications) 2004 Paragraph 10(b) Appendix 2 Schedule 2 Appendix 2, item (k) ship vessel Appendix 2, item (o) Medical Inspector of Seamen medical inspector Schedule 5 Marine Orders Part 12, issue 3 (section 3) [1] Section 1A omit Marine Orders Part 12, issue 3 insert Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009 [2] Subsection 1.2.1 substitute 1.2.1Paragraphs 339(2)(a) and (b) of the Navigation Act provides that regulations may provide for design and construction of vessels, including machinery and equipment to be carried on board vessels. 1.2.1AParagraph 339(2)(e) of the Navigation Act provides that regulations may provide for the stability of vessels, including information about, and testing of, the stability of vessels. 1.2.1BParagraph 340(1)(a) of the Navigation Act provides that regulations may provide for giving effect to SOLAS. [3] Section 2, definition of Guidelines omit [4] Section 2, definition of IS Code substitute IS Code means the Code on Intact Stability, 2008 adopted by IMO Resolution MSC.267 (85), as in force from time to time. Note A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au. [5] Section 2, definitions of SOLAS ship and surveyor substitute OSV Design and Construction Guidelines means the Guidelines for the Design and Construction of Offshore Supply Vessels 2006 adopted by IMO Resolution MSC.235 (82), as in force from time to time. Note 1 A copy of each IMO resolution that adopts or amends these Guidelines is available on AMSA's website at http://www.amsa.gov.au. [6] Section 2, note 2 substitute Note 3 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * cargo vessel * General Manager, Maritime Operations Division * IMO * Manager, Ship Inspection and Registration * national law * SOLAS * USL Code. Note 4 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * owner * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011) * regulated Australian vessel * seafarer * overseas voyage. [7] Section 4 substitute 4 Application 4.1This Order applies to: (a) a regulated Australian vessel; and (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 4.2However, this Order applies to a foreign vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter II-1 of SOLAS. [8] After subsection 8.1 insert 8.1AAn offence against subsection 8.1 is a strict liability offence. 8.1BA person is liable to a civil penalty if the person contravenes subsection 8.1. Civil penalty: 50 penalty units. [9] Subparagraphs 8.2(c)(i) and (ii) substitute (i) for a regulated Australian vessel — by the Manager, Ship Inspection and Registration or a recognised organisation; or (ii) for a foreign vessel — by the maritime administration of the country where the vessel is registered. [10] Schedule 1, subclause 8.2, definition of passenger substitute Note For the meaning of passenger — see s 14 of the Navigation Act. [11] Other amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.1 SOLAS ships vessels to which Chapter II-1 of SOLAS applies Subsection 1.1 non-SOLAS ships vessels to which Chapter II-1 of SOLAS does not apply Subsection 1.2.2 Subsection 425(1) Subsection 339(1) Subsection 1.2.3 Subsection 425(1AA) Section 342 Section 2 Part Order Section 2, definition of offshore supply vessel Guidelines OSV Design and Construction Guidelines Section 2, note 1 Note 1 Note 2 Section 3 Part Order Subsection 3.1 ship vessel Subsection 3.2 an Australian registered ship a regulated Australian vessel Subsection 3.3 Provisions 7 and 8 of this Part Sections 7 and 8 Subsection 5.1 (Administration) (Administration) 2011 Subsection 5.1 ship vessel Subsection 5.3, note (Administration) (Administration) 2011 Paragraph 5.3(a) ship vessel Subsection 6.1 (Administration) (Administration) 2011 Subsection 6.4 ship vessel Section 7 ships vessels Section 7 ship vessel Subsection 7.1, heading SOLAS ships Vessels to which Chapter II-1 of SOLAS applies Subsection 7.1.1 7.1.2 subsections 7.1.2 Subsection 7.1.1 SOLAS ship vessel to which Chapter II-1 of SOLAS applies Subsection 7.1.2 Marine Orders Part 47 Marine Order 47 (Mobile offshore drilling units) 2012 Subsection 7.1.3 Marine Orders Part 49 Marine Order 49 (High speed craft) 2009 Subsection 7.1.4 Marine Orders Part 49 Marine Order 49 (High speed craft) 2009 Subsection 7.1.4 Marine Orders Part 47 Marine Order 47 (Mobile offshore drilling units) 2012 Subsection 7.2, heading Non-SOLAS ships Vessels to which Chapter II-1 of SOLAS does not apply Subsection 7.2 ship that is not a SOLAS ship vessel to which Chapter II-1 of SOLAS does not apply Subsection 7.3.1, except note 2 Guidelines OSV Design and Construction Guidelines Section 8, except note 3 ship vessel Section 8 ships vessels Subsection 8.1 ship's vessel's Subsection 8.1 This is a penal provision. Penalty: 50 penalty units. Subsection 8.2 8.1 subsection 8.1 Paragraph 8.2(a) Part Order Subsection 8.2, note 1 Guidelines OSV Design and Construction Guidelines Subsection 8.2, note 2 c (c) Subsection 8.2, note 2 a or b (a) or (b) Subsection 8.2, note 3 survey authority recognised organisation Subsection 8.2, note 3 light ship lightship Subsection 9.1 An Australian registered SOLAS ship A regulated Australian vessel to which Chapter II-1 of SOLAS applies Subsection 9.2 an Australian registered ship or class of ships a regulated Australian vessel or class of vessels Subsection 9.2 ship or class of ships vessel or class of vessels Subsection 9.2, note ships vessels Schedule 1, clause 1 ships vessels Schedule 1, paragraph 1(h) ship vessel Schedule 1, subclause 2.1 ships vessels Schedule 1, subclause 2.2 survey authority recognised organisation Schedule 1, subclause 2.3.1 survey authority recognised organisation Schedule 1, subclause 2.3.1 and 2.3.2 ship vessel Schedule 1, clause 3 ship vessel Schedule 1, clause 4 Australian registered cargo ships regulated Australian vessels that are cargo vessels Schedule 1, subclause 7.1.1 ships vessels Schedule 1, subclause 7.1.2 ship vessel Schedule 1, subclause 7.3 survey authority recognised organisation Schedule 1, subclause 7.4 survey authorities recognised organisations Schedule 1, subclause 7.4 survey authority recognised organisation Schedule 1, subclause 7.4 surveyor inspector or the vessel's recognised organisation Schedule 1, subclauses 7.4 and 7.5 ship vessel Schedule 1, subclause 8.1 Provision 8 of Schedule 1 This clause Schedule 1, subclause 8.1 crew seafarers Schedule 1, subclause 8.1 ships vessels Schedule 1, subclause 8.2 provision 8 this clause Schedule 1, subclause 8.2, definitions of 'A' class division, door or enclosure and low flame spread surface Marine Orders, Part 15, Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2009 Schedule 1, subclause 8.3.1 ships vessels Schedule 1, paragraph 8.4.2(b) ship vessel Schedule 1, subclause 8.5.2, 8.5.3, 8.5.4 and 8.6.4 ship vessel Schedule 1, paragraph 8.5.2(a) ship's vessel's Schedule 1, subclause 8.6.5 Marine Orders, Part 15 Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2009 Schedule 1, subclause 8.7.2 ship vessel Schedule 1, subclause 8.7.2 crew members seafarers Schedule 1, subclause 8.9.1 ships vessels Schedule 1, subclause 8.10 crew members seafarers Schedule 1, subclauses 8.10 and 8.11 ship vessel Schedule 1, subclause 8.11.3 crew members seafarers Schedule 1, subclause 8.12.1 surveyor inspector Schedule 1, subclause 8.12.1 ship vessel Schedule 1, subclause 9.1 Provision Clause Schedule 1, subclause 9.2 Provision clause Schedule 1, subclause 9.2, definition of competent person, paragraph (b) classification society recognised organisation Schedule 1, subclause 9.2, definition of qualified person member of the ship's crew seafarer Schedule 1, subclause 9.3.2 ship vessel Schedule 1, subclause 9.3.2 9.3.5 subclause 9.3.5 Schedule 1, subclause 9.3.2 classification society issuing body Schedule 1, subclause 9.3.3 9.3.2 subclause 9.3.2 Schedule 1, subclauses 9.3.3 and 9.3.4 ship vessel Schedule 1, subclause 9.3.4 9.3.5 subclause 9.3.5 Schedule 1, subclause 9.3.5.3 Marine Orders, Part 32 Marine Order 32 (Cargo handling equipment) 2011 Schedule 1, subclause 9.3.5.3 9.3.2 subclause 9.3.2 Schedule 1, clause 10 ship vessel Schedule 1, clause 10 ship's vessel's Schedule 1, subclause 11.2 Provision clause Schedule 1, subclause 11.1 Provision Clause Schedule 1, subclause 11.1 ship vessel Schedule 1, subclauses 11.3.2 and 11.6.1 ship vessel Schedule 1, subclause 11.8.1 surveyor inspector or the vessel's recognised organisation Schedule 1, subclauses 11.8.3 and 11.9.1 ship vessel Schedule 1, paragraphs 12.1.1(a) and (b) ship vessel Schedule 1, subclause 12.2 ship vessel Schedule 6 Marine Orders Part 15, issue 5 (section 3) [1] Section 2, definition of Fire Safety Systems Code (or FSS Code) substitute Fire Safety Systems Code (or FSS Code) means the International Code on Fire Safety Systems adopted by IMO Resolution MSC.98 (73), as in force from time to time. Note 1 A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au. [2] Section 2, definitions of SOLAS ship, surveyor omit [3] Section 2, note 2 omit * AMSA insert * cargo vessel [4] Section 2, note 2 after * Manager, Ship Inspection and Registration insert * national law [5] Section 2, after note 2 insert Note 4 Some terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * recognised organisation. [6] Section 4 substitute 4 Application 4.1This Order applies to each of the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 4.2However, this Order applies to a foreign vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter II-2 of SOLAS. [7] Other amendments provision omit each mention of Insert Section 1A 15, issue 5 15 (Construction — fire protection, fire detection and fire extinction) 2009 Subsection 1.1 SOLAS ships vessels to which Chapter II-2 of SOLAS applies Subsection 1.1 non-SOLAS ships vessels to which Chapter II-2 of SOLAS does not apply Subsection 1.2.1 Section 191 Paragraph 340(1)(a) Subsection 1.2.1 Paragraph 215(1)(b) Paragraph 339(2)(h) Subsection 1.2.1 ships vessels Subsection 1.2.2 425(1) 339(1) Subsection 1.2.3 425(1AA) 342(1) Section 2, note 1 Note 1 Note 2 Section 2, note 2 (Administration) (Administration) 2011 Section 2, note 2 Note 2 Note 3 Section 3.1 ship vessel Subsection 3.2 an Australian registered ship a regulated Australian vessel Section 5 (Administration) (Administration) 2011 Subsection 5.1 ship vessel Paragraph 5.3(a) ship vessel Section 6 (Administration) (Administration) 2011 Subsection 6.1, note provision subsection Subsection 6.4 ship vessel Subsection 7.1, heading SOLAS ships Vessels to which Chapter II-2 of SOLAS applies Subsection 7.1.1 SOLAS ship vessel to which Chapter II-2 of SOLAS applies Subsection 7.1.1 ships vessels Subsection 7.1.2 ship vessel Paragraph 7.1.1(b) if registered in Australia for a regulated Australian vessel Paragraph 7.1.2(a) Marine Orders Part 47 Marine Order 47 (Mobile offshore drilling units) 2012 Subsection 7.1.2(b) Marine Orders Part 49 Marine Order 49 (High Speed Craft) 2009 Subsection 7.2, heading Non-SOLAS ships Vessels to which Chapter II-2 of SOLAS does not apply Subsection 7.2 ship that is not a SOLAS ship vessel to which Chapter II-2 of SOLAS does not apply Subsections 7.2 and 7.3 ship vessel Subsection 7.3 Australian registered ship or class of ships regulated Australian vessel or class of vessels Subsection 7.3 ships to vessels to Schedule 1, heading provision section Schedule 1, clause 1 survey authority recognised organisation Schedule 1, clause 1 2, clauses 2, Schedule 1, clause 2 self contained self-contained Schedule 1, paragraph 2(c) 2.1 subclauses 2.1 Schedule 1, clause 3 ship vessel Schedule 1, clause 4 4.1 subclauses 4.1 Schedule 2, heading provision section Schedule 2, subclause 1.1 1.2 subclauses 1.2 Schedule 2, subclause 1.4 1.2 subclause 1.2 Schedule 2, subclause 2.1 2.2 subclauses 2.2 Schedule 2, subclause 3.1 3.2 subclauses 3.2 Schedule 2, subclause 3.4 3.3 subclause 3.3 Schedule 2, clause 4 ship vessel Schedule 2, subclause 4.5 4.6 subclause 4.6 Schedule 2, subclauses 4.6, 4.7 and 4.8.3 a surveyor an inspector or the vessel's recognised organisation Schedule 2, subclause 4.7 the surveyor the inspector or the vessel's recognised organisation Schedule 2, subclause 4.8.3 4.8.1 subclauses 4.8.1 Schedule 3, heading provision section Schedule 3, paragraph 1.1.1(d) 1.1.2 subclause 1.1.2 Schedule 3, subclause 1.1.3 a surveyor an inspector or the vessel's recognised organisation Schedule 3, Table 1 ship vessel Schedule 3, Table 1 Ships Vessels Schedule 3, Table 1 ships vessels Schedule 3, Table 1 Marine Orders, Part 31 Marine Order 31 (Ship surveys and certification) 2006 Schedule 3, Table 1 See 4 See clause 4 Schedule 3, Table 1 Appendix Schedule Schedule 3, subclause 1.3.1 survey authority recognised organisation Schedule 7 Marine Orders Part 16, issue 3 (section 3) Division 1 Initial modification [1] Before section 1 insert Division 1 Preliminary 1A Name of Order This Order is Marine Order 16 (Load Lines) 2004. [2] Subsection 1.2 substitute 1.2 Power 1.2.1Section 98 of the Navigation Act provides that the regulations may provide for safety certificates including giving effect to the Load Lines Convention. 1.2.2 Subsection 309(2) of the Navigation Act provides that the regulations may provide for the keeping of logbooks. 1.2.3Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates. 1.2.4 Subsection 339(1) of the Navigation 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. 1.2.5 Paragraph 340(1)(d) of the Navigation Act provides that the regulations may provide for giving effect to the Load Lines Convention. 1.2.6 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which regulations may provide. [3] Section 2 substitute 2 Definitions In this Order: assigning authority means: (a) for a vessel whose freeboard is assigned by a recognised organisation — the recognised organisation; or (b) for any other vessel — the Manager, Ship Inspection and Registration. Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * length * IMO * Manager, Ship Inspection and Registration * Navigation Act * passenger vessel * recognised organisation * SOLAS * USL Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * Load Lines Convention * master * regulated Australian vessel. Note 3 Information on obtaining copies of IMO documents mentioned in this Order is available from AMSA's website at http://www.amsa.gov.au or by email at international.relations@amsa.gov.au. [4] Subsection 3.4 omit [5] Sections 4 to 6 substitute 4 Application 4.1This Order applies to the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 4.2 This Order does not apply to a fishing vessel. 5 Equivalents 5.1 A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent. 5.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative. 5.4 In this section: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of the Load Lines Convention, requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of: (i) this Order; or (ii) the Load Lines Convention. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. Note Marine Order 1 (Administration) 2011 deals with the following matters about equivalents and exemptions:  making an application  seeking further information about an application  the time allowed for consideration of an application  notification of a decision on an application  review of decisions. 6 Exemptions 6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 6.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 6.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene: (i) this Order; or (ii) the Load Lines Convention. 6.4An application for an exemption from a requirement of this Order must include any information that the Manager, Ship Inspection and Registration considers necessary. Division 2 Requirements for vessels to which the Load Lines Convention applies [6] Section 9 omit [7] Section 11 substitute 11 Strength of vessel 11.1Freeboards may be assigned to a vessel in accordance with this Order only if the general structural strength of the vessel is sufficient for it to be loaded to the draughts corresponding to those freeboards. 11.2A vessel built and maintained in accordance with the requirements of a recognised organisation of the country of registration of the vessel is taken to have sufficient general structural strength. Note Marine Order 1 (Administration) 2011 contains a list of recognised organisations. [8] Section 14 substitute Division 3 Requirements for vessels to which the Load Lines Convention does not apply 14 Non‑Load Lines Convention vessels — general requirements 14.1 Vessels 24 m and over in length Parts 2, 3, 5 and 6 of section 7 of the USL Code apply to a vessel that is 24 m and over in length and is not subject to the Load Lines Convention. 14.2 Vessels under 24 m in length 14.2.1 Part 11 of section 7 of the USL Code applies to a vessel that is under 24 m in length and is not subject to the Load Lines Convention. 14.2.2 The master and owner of a vessel under 24 m in length need not comply with Division 4 if a certificate of survey that complies with Marine Order 31 (Vessel surveys and certification) 2006 is maintained for the vessel. 14.2.3If a load line certificate is issued for a vessel mentioned in subsection 14.2.1, the vessel must comply with parts 2, 3, 5 and 6 of section 7 of the USL Code. 14A Criteria for issue of certificates — non Load Lines Convention vessels 14A.1For sections 103 and 104 of the Navigation Act, a regulated Australian vessel to which the Load Lines Convention does not apply must have an Australian load line certificate in accordance with Form 3 in Schedule 2. 14A.2For subsection 99(1) of the Navigation Act, an Australian load line certificate is a safety certificate. Note It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel. 14A.3For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an Australian load line certificate are that: (a) the vessel is surveyed in accordance with section 21 and found to comply with the conditions of assignment applicable to the vessel; and (b) the vessel complies with the relevant requirements of section 7 of the USL Code. 14A.4An Australian load line certificate must specify a period of up to 5 years for which the certificate remains in force. 14B Criteria for variation of certificates — non Load Lines Convention vessels 14B.1For section 101 of the Navigation Act, the criteria for variation of an Australian load line certificate are that: (a) a written application is made to the assigning authority, stating the nature of the variation; and (b) the vessel complies with the survey requirements mentioned in section 21 and any additional survey requirements imposed by the Manager, Ship Inspection and Registration; and (c) the safety of the vessel and any person on board will not be adversely affected. 14B.2If an Australian load line certificate is varied by extending the term of the certificate, the term of extension must not be more than 3 months. 14C Criteria for revocation of certificates — non Load Lines Convention vessels 14CFor section 102 of the Navigation Act, the criteria for revocation of an Australian load line certificate are that: (a) the required surveys mentioned in section 21 are not completed within the periods specified; or (b) the certificate is not endorsed to show that the annual survey of the vessel has occurred as specified in section 21; or (c) the vessel's hull or superstructures are altered to the extent that an increased freeboard must be assigned; or (d) fittings and appliances to protect the openings, guard rails, freeing ports and means of access to a seafarer's quarters are not maintained in an effective condition; or (e) the vessel ceases to be registered in Australia. Division 4 Requirements for all vessels mentioned in Divisions 2 and 3 of this Order [9] Section 15, heading substitute 15 Statement of assigning authority [10] Subsection 15.1, heading omit [11] After subsection 15.1.1 insert 15.1.1A An offence against subsection 19.1{.1} is a strict liability offence. 15.1.1B A person is liable to a civil penalty if the person contravenes subsection 19.1{.1}. Penalty: 50 penalty units. [12] Subsection 15.2, heading substitute 12 Loading information [13] After subsection 15.1.2 insert 15.1.2A An offence against subsection 19.1.2 is a strict liability offence. 15.1.2B A person is liable to a civil penalty if the person contravenes subsection 19.1.2. Penalty: 50 penalty units. [11] Subsection 15.2.1, notes substitute 15.2.1A An offence against subsection 12.2.1 is a strict liability offence. 15.2.1B A person is liable to a civil penalty if the person contravenes subsection 12.2.1. Civil penalty: 50 penalty units. Note Chapter II-I of SOLAS provides stability information that vessels to which SOLAS applies are required to carry. 15.2.1C For subsection 12.2.1, information marked by the recognised organisation or AMSA as approved is taken to remain acceptable for all subsequent inspections and surveys unless the vessel has undergone structural modification. 15.2.1D For paragraph 12.2.1(a), a loading instrument includes a computer and any associated computer program approved by the issuing body. [12] After subsection 15.2.2 insert 15.2.3An offence against subsection 12.2.2 is a strict liability offence. 15.2.4A person is liable to a civil penalty if the person contravenes subsection 12.2.2. Civil penalty: 50 penalty units. 15A Criteria for issue of certificates — Load Lines Convention vessels 15A.1For sections 103 and 104 of the Navigation Act, a regulated Australian vessel to which the Load Lines Convention applies must have: (a) an international load line certificate in accordance with Form 1 in Schedule 2; or (b) an international load line exemption certificate in accordance with Form 2 in Schedule 2. 15A.2For paragraph 100(1)(b) of the Navigation Act, the criterion for the issue of an international load line certificate is that the vessel is surveyed in accordance with Article 14 of the Load Lines Convention and found to comply with the Convention. 15A.3For subsection 99(1) of the Navigation Act, an international load line certificate is a safety certificate. Note It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel. 15A.4An international load line certificate must specify a period up to 5 years for which the certificate remains in force. 15A.5For paragraph 100(1)(b) of the Navigation Act, the criterion for the issue of an international load line exemption certificate is that paragraph 2 or 4 of Article 6 of the Load Lines Convention applies to the vessel. 15A.7For subsection 99(1) of the Navigation Act, an international load line exemption certificate is a safety certificate. 15A.8An international load line exemption certificate issued in accordance with paragraph 2 of Article 6 of the Load Lines Convention must specify a period of up to 5 years for which the certificate remains in force. 15A.9An international load line exemption certificate issued in accordance with paragraph 4 of Article 6 of the Load Lines Convention remains in force for the duration of the single voyage for which it is issued. 15B Criteria for variation of certificates — Load Lines Convention vessels For section 101 of the Navigation Act, the criteria for variation of an international load line certificate or an international load line exemption certificate are set out in paragraphs 2 and 4 of Article 19 of the Load Lines Convention. 15C Criteria for revocation of certificates — Load Lines Convention vessels 15C.1For section 102 of the Navigation Act, the criteria for revocation of an international load line certificate are that: (a) the hull or superstructures of the vessel are altered to the extent that an increased freeboard must be assigned; or (b) the fittings and appliances mentioned in subparagraph (1)(c) of Article 14 of the Load Lines Convention are not maintained in effective condition; or (c) the certificate is not endorsed to show that the vessel has been inspected in accordance with subparagraph (1)(c) of Article 14 of the Load Lines Convention; or (d) the structural strength of the vessel is lowered to the extent that the vessel is unsafe. 15C.2For section 102 of the Navigation Act, the criteria for revocation of an international load line exemption certificate are that: (a) the hull or superstructures of the vessel are altered to the extent that an increased freeboard must be assigned; or (b) the fittings and appliances mentioned in subparagraph (1)(c) of Article 14 of the Load Lines Convention are not maintained in effective condition; or (c) the certificate is not endorsed to show that the vessel has been inspected in accordance with subparagraph (1)(c) of Article 14 of the Load Lines Convention; or (d) the structural strength of the vessel is lowered to the extent that the vessel is unsafe; or (e) the vessel does not comply with a safety requirement specified as a safety requirement with which the vessel must comply. Note Paragraph 5 of Article 19 of the Load Lines Convention provides that a certificate issued to a vessel ceases to be valid on the transfer of the vessel to the flag of another State. [13] Section 16 substitute 16 Entries to be made in the official log‑book For section 309 of the Navigation Act, the master of a regulated Australian vessel must make the entries in the official log-book that are mentioned in Parts II and III of the prescribed form of the official log-book. Note Marine Order 11 (Living and working conditions on vessels) 2013 sets out the matters which must be recorded in the official log book. [14] Sections 19 to 21 substitute 21 Alterations 21.1The owner of a vessel may permit an alteration mentioned in Article 15 of the Load Lines Convention to be made to the vessel only if: (a) the owner applies for approval in writing to the assigning authority for the existing load line certificate, stating the nature of the alteration proposed; and (b) the assigning authority approves the proposed alteration; and (c) the alteration is in accordance with any conditions mentioned in the approval. Penalty: 50 penalty units. 21.2An offence against subsection 22.1 is a strict liability offence. 21.3A person is liable to a civil penalty if the person contravenes subsection 22.1. Civil penalty: 50 penalty units. [15] After section 22 insert 22A Meaning of overloaded 22A.1For paragraph 113(a) of the Navigation Act, this section sets out the circumstances in which a vessel is overloaded. 22A.2A vessel is overloaded if the appropriate load line would be submerged if the vessel were floating without a list in still salt water of a specific gravity of 1.025. 22A.3A vessel is overloaded if: (a) it is engaged on, or is about to engage on, a voyage during which a load line other than the appropriate load line would, at some later time during the voyage, become the appropriate load line (the second load line); and (b) the second load line would be submerged if the vessel were floating without a list in still salt water of a specific gravity of 1.025 and the fuel and other material that would normally be consumed or discharged before the second load line became the appropriate load line were unloaded from the vessel. 22A.4A vessel is overloaded if: (a) it is a passenger vessel; and (b) the appropriate subdivision load line would be submerged if the vessel were floating without a list in still salt water of a specific gravity of 1.025. 22A.5For this section, the appropriate load line or appropriate subdivision load line is determined in accordance with section 23. [16] Section 23 substitute 23 Markings 23.1For paragraph 339(2)(d) of the Navigation Act, a regulated Australian vessel must be marked with: (a) the marks required by the Load Lines Convention; and (b) clearly visible draught marks in accordance with Schedule 1. 23.2The owner of a vessel must ensure that the marks mentioned in subsection 24.1 are maintained in a clearly visible condition. Penalty: 50 penalty units. 23.3An offence against subsection 24.2 is a strict liability offence. 23.4A person is liable to a civil penalty if the person contravenes subsection 24.2. Civil penalty: 50 penalty units. [17] After Appendix insert Schedule 2 Forms Form1 AUSTRALIA MO16-LL88 Certificate Number INTERNATIONAL LOAD LINE CERTIFICATE Issued under the INTERNATIONAL CONVENTION ON LOAD LINES, 1966 and in accordance with Assembly resolution A.718(17) relating to the early implementation of the harmonized system of survey and certification as modified by the Protocol of 1988, under the authority of the Australian Government by the (person or organisation authorised) Particulars of ship Name of ship IMO Number Port of registry Length (L) as defined in article 2(8)) Distinctive number or letters Freeboard assigned as Type of ship Freeboard from deck line Load Line Tropical mm (T) mm above (S) Summer mm (S) Upper edge of line through centre of ring Winter mm (W) mm below (S) Winter North Atlantic mm (WNA) mm below (S) Allowance for fresh water for all freeboards mm The upper edge of the deck line from which these freeboards are measured is mm deck at side. THIS IS TO CERTIFY THAT: 1. The ship has been surveyed in accordance with the requirements of article 14 of the Convention. 2. The survey showed that the freeboards have been assigned and load lines shown above have been marked in accordance with the Convention: This certificate is valid until subject to annual surveys in accordance with article 14(1)(c) of the Convention. Completion date of the survey on which this certificate is based: . Issued at ......................................... (Place of issue of certificate) (Date of issue) (Signature of authorised official issuing the certificate) Endorsements for annual surveys THIS IS TO CERTIFY that, at an annual survey required by article 14(1)(c) of the Convention, the ship was found to comply with the relevant requirements of the Convention. Annual survey: Place: Date:.................. Signed:....................... (Signature of authorised official) Annual survey: Place: Date:.................. Signed:....................... (Signature of authorised official) Annual survey: Place: Date:.................. Signed:....................... (Signature of authorised official) Annual survey: Place: Date:.................. Signed:....................... (Signature of authorised official) Annual survey in accordance with article 19(8)(c) THIS IS TO CERTIFY that, at the annual survey in accordance with article 19(8)(c) of the Convention, the ship was found to comply with the relevant requirements of the Convention. Place: Date:.................. Signed:....................... (Signature of authorised official) Endorsement to extend the certificate if valid for less than 5 years where article 19(3) applies The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance with article 19(3) of the Convention, be accepted as valid until ................................ Place: Date:.................. Signed:....................... (Signature of authorised official) Endorsement if the renewal survey has been completed and article 19(4) applies The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance with article 19(4) of the Convention, be accepted as valid until ................................ Place: Date:.................. Signed:....................... (Signature of authorised official) Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace if article 19(5) or 19(6) applies This certificate will, in accordance with article 19(5) or 19(6) of the Convention, be accepted as valid until Place: Date:.................. Signed:....................... (Signature of authorised official) Endorsement for advancement of anniversary date if article 19(8) applies In accordance with article 19(8) of the Convention: The new anniversary date is .................. Place: Date:.................. Signed:....................... (Signature of authorised official) The new anniversary date is .................. Place: Date:.................. Signed:....................... (Signature of authorised official) Form 2 AUSTRALIA Certificate Number INTERNATIONAL LOAD LINE EXEMPTION CERTIFICATE Issued under the INTERNATIONAL CONVENTION ON LOAD LINES, 1966 as modified by the Protocol of 1988, under the authority of the Australian Government by the (person or organisation recognised) Particulars of ship Name of ship IMO Number Port of registry Length (L) as defined in article 2(8)) Distinctive number or letters m THIS IS TO CERTIFY: That the ship is exempted from the provisions of the Convention, under the authority conferred by of the Convention. The provisions of the Convention from which the ship is exempted under Article 6(2) are: The voyage for which exemption is granted under Article 6(4) is: From: To: Conditions, if any, on which exemption is granted under either Article 6(2) or Article 6(4): This certificate is valid until subject to annual surveys in accordance with article 14(1)(c) of the Convention. Completion date of the survey on which this certificate is based: . Issued at ......................................... (Place of issue of certificate) (Date of issue) (Signature of authorised official issuing the certificate) Endorsement for annual surveys THIS IS TO CERTIFY that, at an annual survey required by article 14(1)(c) of the Convention, the ship was found to comply with the conditions under which this exemption was granted. Annual survey: Place: .......................Date:............... Signed:......................... (Signature of authorised official) Annual survey: Place: .......................Date:............... Signed:......................... (Signature of authorised official) Annual survey: Place: .......................Date:............... Signed:......................... (Signature of authorised official) Annual survey: Place: .......................Date:............... Signed:......................... (Signature of authorised official) Certificate Number Annual survey in accordance with article 19(8)(c) THIS IS TO CERTIFY that, at a survey in accordance with article 19(8)(c) of the Convention, the ship was found to comply with the relevant requirements of the Convention. Place: .......................Date:............... Signed:......................... (Signature of authorised official) Endorsement to extend the certificate if valid for less than 5 years and if article 19(3) applies The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance with article 19(3) of the Convention, be accepted as valid until ............................ Place: .......................Date:............... Signed:......................... (Signature of authorised official) Endorsement if the renewal survey has been completed and article 19(4) applies The ship complies with the relevant requirements of the Convention, and this certificate will, in accordance with article 19(4) of the Convention, be accepted as valid until ............................ Place: .......................Date:............... Signed:......................... (Signature of authorised official) Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace if article 19(5) or 19(6) applies This certificate will, in accordance with article 19(5) / 19(6)  of the Convention, be accepted as valid until Place: .......................Date:............... Signed:......................... (Signature of authorised official) Endorsement for advancement of anniversary date if article 19(8) applies In accordance with article 19(8) of the Convention the new anniversary date is ........................... Place: .......................Date:............... Signed:......................... (Signature of authorised official) In accordance with article 19(8) of the Convention the new anniversary date is ........................... Place: .......................Date:............... Signed:......................... (Signature of authorised official) * Delete as appropriate Form 3 Australian Load Line Certificate Navigation Act 2012 Issued under the authority of the Australian Government, by . Name of Ship Distinctive Number or Letters Port of Registry Length(L) as defined in Article 2(8) Freeboard assigned as: Type of ship: Note: Freeboards and load lines which are not applicable need not be entered on the certificate. Freeboard from Deck Line Load Line Tropical mm (T) mm above (S) Summer mm (S) Upper edge of line through centre of ring. Winter mm (W) mm below (S) Winter North Atlantic mm (WNA) mm below (S) Timber Tropical mm (LT) mm above (LS) Timber Summer mm (LS) mm above (S) Timber Winter mm (LW) mm below (LS) Timber Winter North Atlantic mm (LWNA) mm below (LS) Allowance for fresh water for all freeboards other than timber mm For timber freeboards mm The upper edge of the deck line from which these freeboards are measured is mm deck at side. Date of initial or periodical survey This is to certify that this ship has been surveyed and that the freeboards have been assigned and load lines shown above have been marked in accordance with the Navigation Act 2012. Service restrictions.......................................................................... This certificate is valid until , subject to periodical inspections in accordance with Marine Order 16 (Load Lines) 2004. Issued at Date of Issue The undersigned declares that he or she is duly authorised by the Australian Government to issue this certificate. ....................................................................................... Delegate Note 1 When a ship departs from a port situated on a river or inland waters, deeper loading will be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea. Note 2 When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown above. Where the density is other than unity, an allowance will be made proportional to the difference between 1.025 and the actual density. This is to certify that, at a periodical inspection required by Marine Order 16 (Load Lines) 2004, this ship was found to comply with the relevant provisions of the Load Lines Convention. Place.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .. . . . . . . . . . . . . . . . . . . . . . . . . . . Signature or seal, or both, of issuing authority Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .. . . . . . . . . . .. . . .. . . . . . . . . . . . . Signature or seal, or both, of issuing authority Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .. . . . . . . . . . . . . . . . . . . . ..….. . . Signature or seal, or both, of issuing authority Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .. . . . . . . .. . . . . . . . . . . . . .. . . . . . Signature or seal, or both, of issuing authority Marine Order 16 (Load Lines) 2004 being fully complied with by this ship, the validity of this certificate is, in accordance with Marine Order 16 (Load Lines) 2004 or Article 19(2) of the Convention, extended until .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .. . . .. . . . . . .. . . . . . . . . . . . . . . . . Signature or seal, or both, of issuing authority [18] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.1 an Australian registered ship a regulated Australian vessel Section 3 Part Order Section 3 Line Lines Subsections 3.2 and 3.3 Inspections Inspection and Registration Subsection 3.3, note survey authority recognised organisation Section 7 Line Lines Section 7 ships vessels Section 7 ship vessel Section 7 Part Order Section 7 221 334 Section 7A Inspections Inspection and Registration Section 7A Line Lines Section 8 Inspections Inspection and Registration Subsection 8.1 ship vessel Subsection 8.1 ships vessels Subsection 8.1 Part Order Paragraph 8.1(a) Line Lines Paragraph 8.1(e) the purposes of section 187C and 207 of the Navigation Act determining overloading Subsection 8.2 8.1 subsection 16.1 Section 10 Line Lines Section 12 ship vessel Section 12 Line Lines Paragraph 12(c) Inspections Inspection and Registration Paragraph 12(c) Part or another Part of Marine Orders Order or another Order Section 13 Line Lines Section 13 Inspections Inspection and Registration Section 13 ship vessel Section 13, note Orders, Part 47 (Mobile Off‑shore Drilling Units) Order 47 (Mobile Off‑shore Drilling Units) 2012 Subsection 15.1 ship vessel Subsection 15.1 Line Lines Subsection 15.1 provision section Subsection 15.1 This is a penal provision. Penalty: 50 penalty units. Paragraph 15.1.1(b) 8 16 Subsection 15.1.2 15.1.1 subsection 19.1.1 Subsection 15.2 ship vessel Subsection 15.2 survey authority recognised organisation Subsection 15.2 This is a penal provision. Penalty: 50 penalty units. Subsection 15.2.1 Line Lines Paragraph 15.2.1(a) that authority the organisation Paragraph 15.2.1(b) Inspections Inspection and Registration Paragraph 15.2.1(b) master master or is approved by the vessel's flag state Subsection 15.2.2 15.2.1 subsection 12.2.1 Section 17 ships a vessel Section 17 Line Lines Section 17 ship vessel Section 17 Part Order Section 17 survey authority recognised organisation Section 17 Inspections Inspection and Registration Paragraph 17.2.3(a) provision 15 sections 12 and 19 Subparagraph 17.2.3(b)(ii) provision 23 section 24 Subsection 17.3.2 17.3.3 subsection 21.3.3 Paragraph 17.3.5(a) provision 15 sections 12 and 19 Subparagraph 17.3.5(b)(ii) provision 23 section 24 Paragraph 17.4.2(a) provision 15 sections 12 and 19 Subparagraph 17.4.2(b)(ii) provision 23 section 24 Section 18 survey authority recognised organisation Section 18 Inspections Inspection and Registration Section 18 provision 15.1 section 19 Paragraph 18(b) ship vessel Section 22, heading Overloading Appropriate load line Section 22 ship registered in Australia regulated Australian vessel Section 22 the purposes of subsection 187C(5) of the Navigation Act section 23A Section 22 Line Lines Section 22 ship's vessel's Section 22 SOLAS ship registered in a country other than Australia foreign vessel to which SOLAS applies Subsection 22.1.1 the ship the vessel Subsection 22.1.1 Load Line Convention ship registered in a country other than Australia foreign vessel to which the Load Lines Convention applies Subsection 22.1.2 ship registered in a country other than Australia and not being a Load Line Convention ship foreign vessel to which the Load Lines Convention does not apply Subsection 22.1.2 a ship a ship Subsection 22.1.2 the ship the ship Subsection 22.2.1 and 22.2.2 passenger ship passenger ship Subsection 22.2.2 the ship the vessel Subsection 22.2.2 that ship that vessel Subsection 22.2.3 22.2.2 subsection 23.2.2 Paragraph 22.2.3(a) ship; vessel; Subsection 22.2.4 22.2.1 or 22.2.2 subsection 23.2.1 or 23.2.2 Subsection 22.2.4 ship vessel Appendix, heading Appendix Schedule 1 Appendix, clauses 1 to 8 ship vessel Appendix, clauses 1, 2, 6 and 7 Appendix Schedule Appendix, subclause 2.4 2.5 subclause 2.5 Appendix, subclause 2.4 2.1 subclause 2.1 Appendix, subclause 2.4 2.2 paragraph 2.2 Appendix, paragraph 2.5(a) 2.4 subclause 2.4 Appendix, subclause 2.6 2.4 subclause 2.4 Appendix, subclause 3.1 3.2 subclauses 3.2 Appendix, subclause 3.1 2.2 paragraph 2.2 Appendix, subclause 3.2 3.1 subclause 3.1 Appendix, subclause 3.3 3.1 subclause 3.1 Appendix, subparagraph 4.1(b)(ii) (i) subparagraph (i) Appendix, paragraph 4.1(c) (a) paragraph (a) Appendix, subclause 4.4 2.2 (b) paragraph 2.2(b) Appendix, clause 5 2.2 (a) paragraph 2.2(a) Appendix, clauses 6 and 8 Inspections Inspection and Registration Appendix, clause 7, heading ships vessels Appendix, subclause 7.2 2.4 subclauses 2.4 Appendix, subclause 8.2 clause subclause Division 2 Consequent modifications [19] Renumbering for each of the following provisions, renumber and relocate as indicated the provision and renumber each subsection and heading within the provision that includes the number of the provision provision renumber and relocate as Section 7A Section 8 Section 8 Section 16 Section 11 Section 17 Section 12 Section 18 Section 13 Section 11 Section 14A Section 15 Section 14B Section 15A Section 14C Section 15B Subsection 15.1 Section 19 Subsection 15.2 Section 12 Section 15A Section 13 Section 15B Section 13A Section 15C Section 13B Section 16 Section 20 Section 17 Section 21 Section 18 Section 25 Section 21 Section 22 Section 22A Section 23A Section 22 Section 23 Section 23 Section 24 Schedule 8 Marine Orders Part 17, issue 6 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006. [2] Section 1, note substitute Note The text of Chapter VII as at 1 July 2013 is in the SOLAS Consolidated Edition 2009 published by the IMO, as amended by resolution MSC.201(81), Annex 3 of resolution MSC.216(82) and resolution MSC.256(84). [3] Subsection 1.2.1 substitute 1.2.1Subsection 98(1) of the Navigation Act provides that the regulations may make provision in relation to safety certificates. 1.2.1ASubsection 98(2) of the Navigation Act provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS. 1.2.1BParagraph 340(1)(a) of the Navigation Act also provides that the regulations may give effect to SOLAS. [4] After subsection 1.2.3 insert 1.2.3ASubsection 112(6) of the Navigation Act provides that the regulations may make provision in relation to the carriage of dangerous goods. [5] Section 2 substitute 2 Definitions In this Order: BCH Code means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by IMO Resolution MSC.9 (53), as in force from time to time. EGC Code means the Code for Existing Ships Carrying Liquefied Gases in Bulk adopted by IMO Resolution A.329 (IX), as in force from time to time. GC Code means the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by IMO Resolution A.328(IX), as in force from time to time. IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the consolidated text of which was adopted by IMO Resolution MSC.176 (79), as in force from time to time. IGC Code means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by IMO Resolution MSC.5 (48), as in force from time to time. relevant Code, for a vessel, means whichever of the following applies to the vessel: (a) the BCH Code; (b) the IBC Code; (c) the GC Code; (d) the EGC Code; (e) the IGC Code. Note 1 A copy of each IMO resolution that adopts or amends a Code mentioned in this Order is available on AMSA's website at http://www.amsa.gov.au. Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * Manager, Ship Inspection and Registration * Manager, Ship Operations and Qualifications * MARPOL * Navigation Act * SOLAS. Note 3 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * master * recognised organisation. [6] Subsection 3.2 omit [7] Sections 4 to 8 substitute 4 Application This Order applies to: (a) a regulated Australian vessel; and (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 5 Exemptions 5.1A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The decision maker may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene SOLAS, MARPOL or a Code mentioned in this Order. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 5A Equivalents 5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use, see subsection 5A.4. 5A.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3The decision maker may approve use of an equivalent only if: (a) he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) use of the equivalent would not contravene SOLAS, MARPOL or a Code mentioned in this Order. 5A.4For this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 6 Review of decisions A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note 1 A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. Note 2 Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 100, 101 and 102 of the Act relating to safety certificates. 7 Meaning of relevant port in sections 7A and 7B 7.1In sections 7A and 7B: relevant port means: (a) for a regulated Australian vessel — any port; or (b) for a foreign vessel — a port in Australia. 7A Safety certificate to be in force — dangerous chemicals in bulk 7A.1The master of a vessel must not permit dangerous chemicals in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel. Penalty: 50 penalty units. 7A.2An offence against subsection 7A.1 is a strict liability offence. 7A.3A person is liable to a civil penalty if the person contravenes subsection 7A.1. Civil penalty: 50 penalty units. 7A.4 The owner of a vessel must ensure that dangerous chemicals in bulk are not loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel. Penalty: 50 penalty units. 7A.5 An offence against subsection 7A.4 is a strict liability offence. 7A.6 A person is liable to a civil penalty if the person contravenes subsection 7A.4. Civil penalty: 50 penalty units. 7A.7 In this section: appropriate safety certificate means: (a) for a vessel constructed before 1 July 1986 — a valid Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued in accordance with the BCH Code; and (b) for a vessel constructed after 30 June 1986 — a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued in accordance with the IBC Code. 7B Safety certificate to be in force — liquefied gases in bulk 7B.1The master of a vessel must not permit liquefied gases in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel. Penalty: 50 penalty units. 7B.2An offence against subsection 7B.1 is a strict liability offence. 7B.3A person is liable to a civil penalty if the person contravenes subsection 7B.1. Civil penalty: 50 penalty units. 7B.4The owner of a vessel must ensure that liquefied gases in bulk are not loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel. Penalty: 50 penalty units. 7B.5An offence against subsection 7B.4 is a strict liability offence. 7B.6A person is liable to a civil penalty if the person contravenes subsection 7B.4. Civil penalty: 50 penalty units. 7B.7In this section: appropriate safety certificate means: (a) for a vessel constructed before 1 July 1986 — either of the following: (i) a valid Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, issued in accordance with the GC Code; (ii) a valid Certificate of Fitness, issued in accordance with the EGC Code; and (b) for a vessel constructed after 30 June 1986 — a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, issued in accordance with the IGC Code. 8 General provisions about safety certificates Application for safety certificate 8.1For subsection 99(1) of the Navigation Act, the kinds of certificates mentioned in sections 7A and 7B are safety certificates. Issue of safety certificates 8.2For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a safety certificate of a kind mentioned in section 7A or 7B for a regulated Australian vessel are that: (a) the vessel has been surveyed in accordance with the relevant Code; and (b) the vessel complies with the relevant Code. Duration of safety certificates 8.3For subsection 314(3) of the Navigation Act, a safety certificate of a kind mentioned in section 7A or 7B ceases to be in force at the earliest of: (a) the end of the period mentioned in the certificate; or (b) the end of the maximum period mentioned in the relevant Code; or (c) when it is revoked. Variation of safety certificates 8.4For subsection 101(1) of the Navigation Act, the criteria for a variation of a safety certificate of a kind mentioned in section 7A or 7B are that: (a) a written application for a variation of the certificate is made to the issuing body, stating the nature of variation sought; and (b) the vessel has a valid safety certificate of a kind mentioned in section 7A or 7B; and (c) the vessel complies with the survey requirements of the relevant Code; and (d) the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and (e) the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration. Revocation of safety certificates 8.5For section 102 of the Navigation Act, the criteria for revocation of a safety certificate of a kind mentioned in section 7A or 7B are that: (a) the vessel does not comply with the relevant Code; or (b) the surveys required by the relevant Code are not completed within the periods specified in the relevant Code; or (c) the certificate is not endorsed in accordance with the relevant Code; or (d) the vessel ceases to be registered in Australia. [8] Subsections 9.1 and 9.2 substitute 9.1 Vessels to be operated in accordance with relevant Code 9.1The owner of a vessel to which a relevant Code applies must ensure that the vessel is operated at all times in accordance with the relevant Code. Penalty: 50 penalty units. 9.2An offence against subsection 9.1 is a strict liability offence. 9.2AA person is liable to a civil penalty if the person contravenes subsection 9.2. Civil penalty: 50 penalty units. 9.2BThe master of a vessel to which a relevant Code applies must ensure that the vessel is operated at all times in accordance with the relevant Code. Penalty: 50 penalty units. 9.2CAn offence against subsection 9.2B is a strict liability offence. 9.2DA person is liable to a civil penalty if the person contravenes subsection 9.2B. Civil penalty: 50 penalty units. [9] Subsections 9.3.2 and 9.3.3 substitute 9.3.2If an inspector gives a direction under subsection 9.3.1, a person must not resume or commence the loading or unloading operation until the inspector tells the person that the inspector satisfied that the operation is safe and the direction is withdrawn. Penalty: 50 penalty units. 9.3.3An offence against subsection 9.3.2 is a strict liability offence. 9.3.4A person is liable to a civil penalty if the person contravenes subsection 9.3.2. Civil penalty: 50 penalty units. [10] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.1 ships vessels Subsection 1.2.2 Section 267P Paragraph 340(1)(c) Subsection 1.2.3 Section 257 Paragraph 112(5)(a) Subsection 1.2.3 ships vessels Subsection 1.2.4 425 (1) 339(1) Subsection 1.2.5 425 (1AA) 342(1) Subsection 3.1 Part Order Subsection 3.1 Inspections Inspection and Registration Subsection 9.3, heading Surveyor Inspector Subsection 9.3 a surveyor an inspector Subsection 9.3 the surveyor the inspector Subsection 9.3.1 Part Order Subsection 9.4.1 9.3.1 subsection 9.3.1 Subsection 9.4.1 9.3.2 subsection 9.3.2 Subsection 9.4.2 9.4.1 subsection 9.4.1 Section 9.4 Inspections Inspection and Registration Subsection 9.4.1 a surveyor an inspector Paragraph 9.4.1(c) ship vessel Subsection 9.4.2 surveyor's inspector's Schedule 9 Marine Orders Part 18, issue 4 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 18 (Measures to enhance maritime safety) 2009. [2] Subclauses 1.2.1 and 1.2.2 substitute 1.2.1Paragraph 98(2)(a) of the Navigation Act provides for regulations to give effect to SOLAS. 1.2.2Subsection 98(3) of the Navigation Act provides for regulations about vessels included in a particular class requiring safety certificates of specified kinds, including certificates relating to survey, construction, machinery and equipment and other matters relating to the survey of vessels. [3] Subclause 1.2.4 substitute 1.2.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders with respect to any matter for which provision must or may be made by the regulations. [4] Section 2 substitute 2 Definitions In this Order: Continuous Synopsis Record means the document issued by AMSA in accordance with Regulation 5 of Chapter XI-1 of SOLAS. home port, for a vessel, has the same meaning as in regulation 2 of the Shipping Registration Regulations 1981 for a ship. official number, for a registered vessel, has the same meaning as in regulation 2 of the Shipping Registration Regulations 1981 for a registered ship. Registrar of Ships means the Registrar or a Deputy Registrar as defined in section 3 of the Shipping Registration Act 1981. Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Australian General Shipping Register * Australian International Shipping Register * Manager, Ship Inspection and Registration * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * inspector * owner * regulated Australian vessel. [5] Subsection 3.4 omit [6] Subsection 4.1 substitute 4.1Subject to subsections 4.2 and 4.3, this Order applies to each of the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 4.1AHowever, this Order does not apply to: (a) a fishing vessel; or (b) a vessel to which SOLAS applies to the extent that the vessel complies with Chapter XI-1 of SOLAS. [7] Sections 5 and 6 substitute 5 Exemptions 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 6 Equivalents 6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use, see subsection 6.4. 6.2The decision maker for the application is the Manager, Ship Inspection and Registration. 6.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS. 6.4For this provision: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. [8] Section 9 substitute 9 Registered owner identification number Regulation 3-1 of Chapter XI-1 of SOLAS has effect in relation to the person with overall general control and management of the vessel and the registered owner of each vessel engaged on overseas voyages. [9] Subsection 10.1 substitute 10.1 Inspection of vessels If an inspector considers that the master is, or other seafarers of a vessel in a port in Australia are, not familiar with essential onboard procedures relating to the safety of vessels, the inspector may inspect the vessel. [10] Subsection 10.2.3 substitute 10.2.3The master of a vessel must comply with an order under subsection 10.2.1. Penalty: 50 penalty units. 10.2.4An offence against subsection 10.2.3 is a strict liability offence. 10.2.5A person is liable to a civil penalty if the person contravenes subsection 10.2.3. Civil penalty: 50 penalty units. [11] Subsection 11.1 substitute 11.1 Requirement for Continuous Synopsis Record 11.1.1The owner of a regulated Australian vessel must ensure that a Continuous Synopsis Record: (a) is kept on board the vessel; and (b) is available for inspection at all times; and (c) for a vessel constructed before 1 July 2004 — includes the history of the vessel from 1 July 2004. Penalty: 50 penalty units. Note The Continuous Synopsis Record of a vessel registered overseas is subject to inspection in Australia as part of AMSA's port State control procedures. 11.1.2An offence against subsection 11.1.1 is a strict liability offence. 11.1.3A person is liable to a civil penalty if the person contravenes subsection 11.1.1. Civil penalty: 50 penalty units. [12] Subsection 11.3.1 substitute 11.3.1 Subsection 11.3.1A applies if a fact about which there is information in the Continuous Synopsis Record for a regulated Australian vessel changes. 11.3.1A The owner of the vessel must, in writing, tell the Registrar of Ships about any change or addition required to the information in the Continuous Synopsis Record to deal with the change within 14 days after the changes was made. Penalty: 50 penalty units. Note A form for providing information about changes to the Continuous Synopsis Record is available on the AMSA web site at http://www.amsa.gov.au. 11.3.1B An offence against subsection 11.3.1A is a strict liability offence. 11.3.1C A person is liable to a civil penalty if the person contravenes subsection 11.3.1A. Civil penalty: 50 penalty units [13] Subsection 11.3.3 substitute 11.3.3The owner of a vessel who receives an amended Continuous Synopsis Record must arrange for it to be attached to the superseded Continuous Synopsis Record within 14 days after receiving the amended record. Penalty: 50 penalty units. 11.3.3A An offence against subsection 11.3.3 is a strict liability offence. 11.3.3B A person is liable to a civil penalty if the person contravenes subsection 11.3.3. Civil penalty: 50 penalty units. [14] Subsection 11.4 substitute 11.4 Vessel ceasing to be registered in Australia 11.4.1The owner of a vessel that is no longer to be registered on the Australian General Shipping Register or the Australian International Shipping Register and has been registered on the register of a country other than Australia must, within 14 days after the vessel was registered on the other country's register, tell the Registrar of Ships in writing: (a) the name of the new country of registration; and (b) if known — the name and registered address of the entity that will operate the vessel under the new flag. Penalty: 50 penalty units. 11.4.2An offence against subsection 11.4.1 is a strict liability offence. 11.4.3A person is liable to a civil penalty if the person contravenes subsection 11.4.1. Civil penalty: 50 penalty units. [15] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.1 ships vessels Subsection 1.1 international overseas Subsection 1.2.3 425(1) 339(1) Section 3 Part Order Subsections 3.2, 4.2, 4.3, 10.2.1 and 10.2.2 ship vessel Subsection 3.3 Inspections Inspection and Registration Subsection 4.2 Part Order Subsection 4.2 Provision section Subsection 4.3 Provision Section Section 7, note ships vessels Sections 8 and 10 ship vessel Subsection 10.2, heading ships vessels Subsection 10.2.1 A surveyor An inspector Subsection 10.2.1 10.1 subsection 10.1 Subsection 10.2.2 surveyor inspector Subsection 11.2.1 the ship the vessel Subsections 11.2.2, 11.2.3, 11.3.1, 11.3.2, 11.3.3 and 11.4 ship vessel Paragraph 11.2.1(a) 11.2.2 subsection 11.2.2 Paragraph 11.2.1(a) an Australian registered ship a regulated Australian vessel Paragraphs 11.2.1(a) and 11.2.2(g) Company operating owner of Subsection 11.2.2, note download downloaded Paragraph 11.2.2(h) classification societies recognised organisations Paragraphs 11.2.2(i) and (j) organization organisation Subsection 11.2.3 11.2.2 subsection 11.2.2 Subsections 11.2.4 and 11.3.2 Registrar of ships Registrar of Ships Paragraph 11.3.2(a) 11.3.1 subsection 11.3.1A Schedule 10 Marine Orders Part 19, issue 4 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 19 (Tonnage measurement) 2003. 1A Purpose This Order gives effect to the Tonnage Convention. 1B Power 1B.1Paragraph 153(1)(a) of the Navigation Act provides that regulations may make provision giving effect to the Tonnage Convention. 1B.2Subsection 153(2) of the Navigation Act provides that regulations may provide for assigning tonnages to vessels and measuring of tonnage of vessels. 1B.3 Subsection 339(1) of the Navigation 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 Navigation Act. 1B.4 Subsection 342(1) of the Navigation Act provides for the making of orders for anything that can be made by the regulations. [2] Section 2, heading substitute 2 Definitions In this Order: [3] Section 2, definitions of AMSA, Australian Register of Ships, Chief Marine Surveyor, General Manager, IMO, MARPOL, passenger certificate, penal provision, Safety Convention, survey authority and Tonnage Measurement Convention omit [4] Section 2, at the foot insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Australian General Shipping Register * Australian International Shipping Register * General Manager, Ship Safety Division * IMO * Manager, Ship Inspection and Registration * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * recognised organisation * regulated Australian vessel * Tonnage Convention. [5] Subsection 3.4 omit [6] Sections 4 and 5 substitute 4 Application This Order applies to each of the following vessels: (a) a vessel to which the Tonnage Convention applies; (b) a vessel for which application is made for measurement for tonnage in accordance with this Order; (c) a vessel to which section 159 of the Navigation Act applies; (d) a vessel to which section 319 of the Navigation Act applies. 5 Review of decisions A decision made under this Order by the Manager, Ship Inspection and Registration is a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. [7] Subsection 7.1, footnote 5 substitute as note to subsection 7.1 Note The tonnage measurement function has generally been delegated to recognised organisations. The Manager, Ship Inspection and Registration may be able to advise on the operation of the function. [8] After subsection 7.2.1 insert 7.2.1AAn offence against subsection 7.2.1 is a strict liability offence. 7.2.1BA person is liable to a civil penalty if the person contravenes subsection 7.2.1. Civil penalty: 50 penalty units. [9] After subsection 7.2.3 insert 7.2.4An offence against subsection 7.2.3 is a strict liability offence. 7.2.5A person is liable to a civil penalty if the person contravenes subsection 7.2.3. Civil penalty: 50 penalty units. [10] Subsection 8.1 substitute Australian Tonnage Certificate 8.1A tonnage certificate issued under section 155 of the Navigation Act is to be accordance with the form set out in Schedule 1. Note A tonnage certificate issued for a vessel constructed or adapted for the carriage of oil in bulk will be marked, if appropriate, to indicate the total tonnage of segregated ballast tanks. On request, AMSA will mark a tonnage certificate issued for an open-top container vessel with the reduced gross tonnage obtained by applying the formula set out in IMO Circular TM.5/Circ.4. [11] Subsection 8.2.3 omit Register of Ships, insert General Shipping Register or the Australian International Shipping Register, [12] Subsection 8.3 substitute Revocation of tonnage certificates 8.3A certificate mentioned in subsection 8.2 that ceases to be valid is taken to be revoked. [13] Other amendments provision omit each mention of insert Section 2, definition of repealed regulations 17 July 1994; 17 July 1994. Section 2, definition of tonnage of a ship ship vessel Section 2, definition of tonnage of a ship Part Order Section 3 Part Order Subsection 3.1 Tonnage Measurement Tonnage Subsection 3.2 ship vessel Subsection 6.1 6.2 subsections 6.2 Subsection 6.1 ship vessel Subsection 6.1 Tonnage Measurement Tonnage Paragraphs 6.1(a) and (b) 1912 2012 Paragraph 6.1(c) Part of Marine Orders Marine Order Paragraph 6.1(e) an Australian registered ship, a vessel to which this Order applies; Subsection 6.2 ship vessel Subsection 6.3 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 6.3 Tonnage Measurement Tonnage Paragraph 6.3(b) ships vessels Subsections 6.4 and 7.1 ship vessel Subsection 7.1 survey authority recognised organisation Subsection 7.2 ship vessel Subsection 7.2 ship's vessel's Subsection 7.2.1 Part Order Subsection 7.2.1 This is a penal provision Penalty: 50 penalty units. Subsection 7.2.1 survey authority recognised organisation Subsection 7.2.3 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 7.2.3 This is a penal provision Penalty: 50 penalty units. Subsection 8.2 ship vessel Subsections 8.2.1, 8.2.2 and 8.2.3 subparagraph 405F (a)(i) of the Navigation Act 1912 section 155 of the Navigation Act Subsections 8.2.1 and 8.2.2 Tonnage Measurement Tonnage Subsection 8.2.4 subparagraph 405F (a)(ii) or paragraph 405F (b) of the Navigation Act 1912 section 155 of the Navigation Act Subsection 8.2.5 7.2.1 subsection 7.2.1 Appendix, heading Appendix Schedule 1 Appendix Orders, Part 19 (Tonnage Measurement) Order 19 (Tonnage measurement) 2003 Appendix ship vessel Appendix ship vessel Appendix SHIP VESSEL Appendix 19.......... 20........ Schedule 11 Marine Orders Part 21, issue 8 (section 3) [1] Subsection 4.2, table, items 1, 5 and 6 omit [2] Section 5 substitute 5 Power 5.1Subsection 51(1) of the Navigation Act provides for regulations to prescribe matters to consider in determining a minimum complement of seafarers. 5.2Subsection 339(1) of the Navigation 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. 5.3Paragraph 339(2)(c) of the Navigation Act provides for regulations to be made for operating, maintaining, checking and testing machinery and equipment. 5.4Paragraph 339(2)(f) of the Navigation Act provides for regulations to be made for operating watertight doors. 5.5Paragraph 339(2)(l) of the Navigation Act provides for regulations to be made for logbooks. 5.6Paragraph 339(2)(m) of the Navigation Act provides for regulations to be made for records relating to compliance with the Act. 5.7Paragraph 340(1)(a) of the Navigation Act provide for the regulations to give effect to SOLAS. 5.8Section 342 of the Navigation Act provides for the making of orders for any matter for which the regulations can provide. [3] Section 6, definition of approved substitute approved means approved by: (a) for a regulated Australian vessel — the issuing body; or (b) for a foreign vessel — the administration of the country of registry of the vessel; or (c) for a training course — the Manager, Ship Operations and Qualifications. [4] Section 6, definition of STCW Code omit [5] Section 6, note 1 omit * Marine Order [6] Section 6, note 2 substitute Note 2 Other terms used in this Order have the same meaning as in the Navigation Act, including: * AMSA * Marine Order * recognised organisation * STCW Convention. [7] Section 6, note 4 omit [8] Paragraphs 8(1)(a) and (b) substitute (a) a regulated Australian vessel; (b) a foreign vessel that is: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia other than in the course of innocent passage. [9] Subsection 8.3 substitute 8.3A provision of this Order giving effect to a provision of Chapter V of SOLAS applies to the following vessels, except to the extent that a law of a State or the Northern Territory gives effect to the provision for the vessel: (a) a vessel proceeding on a voyage other than an overseas voyage; (b) a domestic commercial vessel. [10] Section 11 substitute 11 Review of decisions A decision under this Order other than section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act. [11] Section 13 omit [12] After section 14 insert 14.2An offence against subsection 14.1 is a strict liability offence. 14.3A person is liable to a civil penalty if the person contravenes subsection 14.1. Civil penalty: 50 penalty units. [13] Section 15 substitute 15 Manning of vessels 15.1 For subsection 51(2) of the Navigation Act, AMSA must have regard to IMO Resolution A.1047 (27) Principles of minimum safe manning. 15.2 For paragraph 340(1)(a) of the Navigation Act, the owner of a vessel to which Regulation 14 of Chapter V of SOLAS applies must ensure that the safe manning document for the vessel is kept on board the vessel and is available for inspection. Penalty: 50 penalty units. 15.3An offence against subsection 15.2 is a strict liability offence. 15.4A person is liable to a civil penalty if the person contravenes subsection 15.2. Civil penalty: 50 penalty units. 15.5 For paragraph 340(1)(a) of the Navigation Act, the owner of a vessel to which Regulation 14 of Chapter V of SOLAS applies must: (a) determine the working language of the vessel; and (b) ensure that paragraph 3 of Regulation 14 of Chapter V of SOLAS is complied with. Penalty: 50 penalty units. 15.6An offence against subsection 15.5 is a strict liability offence. 15.7A person is liable to a civil penalty if the person contravenes subsection 15.5. Civil penalty: 50 penalty units. 15.8In this section: safe manning document means: (a) a determination made under subsection 51(1) of the Navigation Act; or (b) a minimum safe manning document or equivalent mentioned in Regulation 14 of Chapter V of SOLAS. [14] After subsection 17.2 insert 17.2AAn offence against subsection 17.2 is a strict liability offence. 17.2BA person is liable to a civil penalty if the person contravenes subsection 17.2. Civil penalty: 50 penalty units. [15] After subsection 18.2 insert 18.3An offence against subsection 18.1 or 18.2 is a strict liability offence. 18.4A person is liable to a civil penalty if the person contravenes subsection 18.1 or 18.2. Civil penalty: 50 penalty units. [16] After subsection 19.1 insert 19.1AAn offence against subsection 19.1 is a strict liability offence. 19.1BA person is liable to a civil penalty if the person contravenes subsection 19.1. Civil penalty: 50 penalty units. [17] After subsection 20.3 insert 20.4An offence against subsection 20.2 or 20.3 is a strict liability offence. 20.5A person is liable to a civil penalty if the person contravenes subsection 20.2 or 20.3. Civil penalty: 50 penalty units. [18] After subsection 24.2 insert 24.3An offence against subsection 24.1 or 24.2 is a strict liability offence. 24.4A person is liable to a civil penalty if the person contravenes subsection 24.1 or 24.2. Civil penalty: 50 penalty units. [19] After subsection 25.4 insert 25.5An offence against subsection 25.1, 25.2 or 25.4 is a strict liability offence. 25.6A person is liable to a civil penalty if the person contravenes subsection 25.1, 25.2 or 25.4. Civil penalty: 50 penalty units. [20] After subsection 28.7 insert 28.8An offence against subsection 28.1, 28.6 or 28.7 is a strict liability offence. 28.9A person is liable to a civil penalty if the person contravenes subsection 28.1, 28.6 or 28.7. Civil penalty: 50 penalty units. [21] After section 31 insert 31.2An offence against subsection 31.1 is a strict liability offence. 31.3A person is liable to a civil penalty if the person contravenes subsection 31.1. Civil penalty: 50 penalty units. [22] After subsection 34.3 insert 34.4An offence against subsection 34.3 is a strict liability offence. 34.5A person is liable to a civil penalty if the person contravenes subsection 34.3. Civil penalty: 50 penalty units. [23] After subsection 36.1 insert 36.1AAn offence against subsection 36.1 is a strict liability offence. 36.1BA person is liable to a civil penalty if the person contravenes subsection 36.1. Civil penalty: 50 penalty units. [24] After subsection 37.2 insert 37.3An offence against subsection 37.1 or 37.2 is a strict liability offence. 37.4A person is liable to a civil penalty if the person contravenes subsection 37.1 or 37.2. Civil penalty: 50 penalty units. [25] Section 39 omit This is a penal provision. [26] After subsection 40.2 insert 40.2AAn offence against subsection 40.2 is a strict liability offence. 40.2BA person is liable to a civil penalty if the person contravenes subsection 40.2. Civil penalty: 50 penalty units. [27] After subsection 41.3 insert 41.4An offence against subsection 41.2 or 41.3 is a strict liability offence. 41.5A person is liable to a civil penalty if the person contravenes subsection 41.2 or 41.3. Civil penalty: 50 penalty units. [28] After section 44 insert 44.2An offence against subsection 44.1 is a strict liability offence. 44.3A person is liable to a civil penalty if the person contravenes subsection 44.1. Civil penalty: 50 penalty units. [29] After section 46 insert 46.2An offence against subsection 46.1 is a strict liability offence. 46.3A person is liable to a civil penalty if the person contravenes subsection 46.1. Civil penalty: 50 penalty units. [30] After subsection 47.3 insert 47.4An offence against subsection 47.1, 47.2 or 47.3 is a strict liability offence. 47.5A person is liable to a civil penalty if the person contravenes subsection 47.1, 47.2 or 47.3. Civil penalty: 50 penalty units. [31] After subsection 48.1 insert 48.1AAn offence against subsection 48.1 is a strict liability offence. 48.1BA person is liable to a civil penalty if the person contravenes subsection 48.1. Civil penalty: 50 penalty units. [32] After subsection 49.2 insert 49.3An offence against subsection 49.2 is a strict liability offence. 49.4A person is liable to a civil penalty if the person contravenes subsection 49.2. Civil penalty: 50 penalty units. [33] After subsection 50.4 insert 50.5An offence against subsection 50.1, 50.2, 50.3 or 50.4 is a strict liability offence. 50.6A person is liable to a civil penalty if the person contravenes subsection 50.1, 50.2, 50.3 or 50.4. Civil penalty: 50 penalty units. [34] After section 51 insert 51.2An offence against subsection 51.1 is a strict liability offence. 51.3A person is liable to a civil penalty if the person contravenes subsection 51.1. Civil penalty: 50 penalty units. [35] Subsections 55.5, 55.6 and 55.7 omit This is a penal provision. [36] After subsection 56.1 insert 56.1AAn offence against subsection 56.1 is a strict liability offence. 56.2AA person is liable to a civil penalty if the person contravenes subsection 56.1. Civil penalty: 50 penalty units. [37] After subsection 57.3 insert 57.3AAn offence against subsection 57.1 or 57.3 is a strict liability offence. 57.3BA person is liable to a civil penalty if the person contravenes subsection 57.1 or 57.3. Civil penalty: 50 penalty units. [38] After subsection 58.3 insert 58.4An offence against subsection 58.1 or 58.3 is a strict liability offence. 58.5A person is liable to a civil penalty if the person contravenes subsection 58.1 or 58.3. Civil penalty: 50 penalty units. [39] After subsection 59.3 insert 59.4An offence against subsection 59.3 is a strict liability offence. 59.5A person is liable to a civil penalty if the person contravenes subsection 59.3. Civil penalty: 50 penalty units. [40] After subsection 60.2 insert 60.2AAn offence against subsection 60.1 or 60.2 is a strict liability offence. 60.2BA person is liable to a civil penalty if the person contravenes subsection 60.1 or 60.2. Civil penalty: 50 penalty units. [41] After subsection 61.6 insert 61.7An offence against subsection 61.1, 61.2 or 61.6 is a strict liability offence. 61.8A person is liable to a civil penalty if the person contravenes subsection 61.1, 61.2 or 61.6. Civil penalty: 50 penalty units. [42] After subsection 62.2 insert 62.3An offence against subsection 62.1 or 62.2 is a strict liability offence. 62.3A person is liable to a civil penalty if the person contravenes subsection 62.1 or 62.2. Civil penalty: 50 penalty units. [43] After section 63 insert 63.2An offence against subsection 63.1 is a strict liability offence. 63.3A person is liable to a civil penalty if the person contravenes subsection 63.1. Civil penalty: 50 penalty units. [44] After subsection 64.3 insert 64.3AAn offence against subsection 64.2 or 64.3 is a strict liability offence. 64.3BA person is liable to a civil penalty if the person contravenes subsection 64.2 or 64.3. Civil penalty: 50 penalty units. [45] After subsection 65.2 insert 65.3An offence against subsection 65.1 or 65.2 is a strict liability offence. 65.4A person is liable to a civil penalty if the person contravenes subsection 65.1 or 65.2. Civil penalty: 50 penalty units. [46] After section 66.2 insert 66.3An offence against subsection 66.2 is a strict liability offence. 66.4A person is liable to a civil penalty if the person contravenes subsection 66.2. Civil penalty: 50 penalty units. [47] After section 67.5 insert 67.6An offence against subsection 67.5 is a strict liability offence. 67.7A person is liable to a civil penalty if the person contravenes subsection 67.5. Civil penalty: 50 penalty units. [48] After subsection 68.3 insert 68.4An offence against subsection 68.2 or 68.3 is a strict liability offence. 68.5A person is liable to a civil penalty if the person contravenes subsection 68.2 or 68.3. Civil penalty: 50 penalty units. [49] After section 69 insert 69.2An offence against subsection 69.1 is a strict liability offence. 69.3A person is liable to a civil penalty if the person contravenes subsection 69.1. Civil penalty: 50 penalty units. [50] Other amendments provision omit each mention of insert Section 1 21, issue 8 21 (Safety of navigation and emergency procedures) 2012 Subsection 4.2 Section 232 Subparagraph 339(2)(b)(iii) and paragraph 339(2)(c) Subsection 4.2 Equipping ships with compasses, and examination and adjustment of compasses on ships Compasses and the examination and adjustment of compasses on vessels Subsection 4.2 235 125 Subsection 4.2 269A(1) 187(1) Section 6, definition of closing appliance ship vessel Section 6, definition of coast radio station ships vessels Section 6, definitions of radio station and ship radio station ship vessel Section 6, definition of signal station ships vessels Section 6, definitions of survival craft and tanker ship vessel Section 6, note 1 (Administration) (Administration) 2011 Section 6, note 1 * AMSA * Australian fishing vessel Subsection 8.1 ships vessels Subsection 8.2 Safety Convention ship registered in a country other than Australia foreign vessel to which SOLAS applies Subsection 8.4 ships vessels Subsection 9.1 Orders Part 21, issue 7 Order 21 (Safety of navigation and emergency procedures) 2012 Subsection 10.1 (Administration) (Administration) 2011 Subsection 10.2 ship or class of ships vessel or class of vessels Subsection 10.4 ship vessel Subsection 10.4, note (Administration) (Administration) 2011 Section 12 ship vessel Section 14 The 14.1 The Section 14 ship vessel Section 14 This is a penal provision. Penalty: 50 penalty units. Sections 16 and 17 ship vessel Section 17 This is a penal provision. Penalty: 50 penalty units. Section 18 ship vessel Section 18 This is a penal provision. Penalty: 50 penalty units. Section 19 ship vessel Subsection 19.1 This is a penal provision. Penalty: 50 penalty units. Subsections 19.2 and 19.3 ship's vessel's Subsection 19.3 A surveyor An inspector Paragraph 19.3(b) surveyor inspector Section 20 ship vessel Subsection 20.2 and 20.3 This is a penal provision. Penalty: 50 penalty units. Section 21 ship vessel Paragraph 21.4(a) an approved surveyor the issuing body Sections 22, 23 and 24 ship vessel Subsections 24.1 and 24.2 This is a penal provision. Penalty: 50 penalty units. Section 25 ship vessel Section 25 This is a penal provision. Penalty: 50 penalty units. Subsection 25.3 A surveyor An inspector Section 26 ship vessel Section 26 ship's vessel's Sections 27 and 28 ship vessel Section 28 ship's vessel's Section 28 This is a penal provision. Penalty: 50 penalty units. Subsection 28.1 crew seafarers Subsection 28.2 ships vessels Section 29, 30 and 31 ship vessel Subparagraph 29.2(b)(iii) ship's vessel's Subsection 29.5 sections subsections Section 31 The 31.1 The Section 31 This is a penal provision. Penalty: 50 penalty units. Section 32 ship vessel Section 33 ship vessel Section 33 and 34 ships vessels Subsection 33.1 (Administration) (Administration) 2011 Section 34 Cancellation Revocation Section 34 cancel revoke Section 34 cancels revokes Section 34 cancellation revocation Section 34 cancelled revoked Subsection 34.3 This is a penal provision. Penalty: 50 penalty units. Section 35 paragraph 269A(1)(b) subparagraph 187(1)(b)(ii) Sections 35 and 36 ship vessel Subsection 36.1 This is a penal provision. Penalty: 50 penalty units. Paragraph 36.3(a) paragraph subsection Section 37 ship vessel Section 37 This is a penal provision. Penalty: 50 penalty units. Sections 39 and 40 ship vessel Subsection 40.1 For subsection 229(1) of the Navigation Act, the The Subsection 40.2 This is a penal provision. Penalty: 50 penalty units. Sections 41 and 42 ship vessel Section 41 This is a penal provision. Penalty: 50 penalty units. Section 43 For subsection 229(1) of the Navigation Act, the The Section 43 Orders, Part 30 (Prevention of Collisions) Order 30 (Prevention of collisions) 2009 Section 44 A 44.1 A Section 44 This is a penal provision. Penalty: 50 penalty units. Sections 45, 46, 47 and 48 ship vessel Paragraph 45(c) ship's vessel's Section 46 The 46.1 The Section 46 This is a penal provision. Penalty:50 penalty units. Section 47 This is a penal provision. Penalty: 50 penalty units. Subsection 48.1 This is a penal provision. Penalty: 50 penalty units. Paragraph 48(2)(b) ships vessels Section 49 ship vessel Subsection 49.2 This is a penal provision. Penalty: 50 penalty units. Section 50 ship vessel Section 50 This is a penal provision. Penalty: 50 penalty units. Section 51 The 51.1 The Section 51 ship vessel Section 51 This is a penal provision. Penalty: 50 penalty units. Section 52 crew seafarers Section 52 ship vessel Section 52 ship's vessel's Section 53 ship's vessel's Subsection 53.2 a ship a vessel Subsection 53.2 crew seafarers Subsection 53.3 ship vessel Paragraph 53.3(c) crew members seafarers Subsection 54.1 a ship a vessel Subsection 54.2 the ship the vessel Section 55 ship vessel Subsection 55.3 ship's vessel's Subsection 55.5 (Equipment — life-saving) (Equipment — life-saving) 2009 Subsection 55.6 crew seafarers Subsection 55.7 crew carries seafarers carry Section 56 ship vessel Subsection 56.1 This is a penal provision. Penalty: 50 penalty units. Paragraph 56.4(a) crew member seafarer Subsection 56.5 crew members seafarers Subsection 56.6 crew seafarers Section 57, heading owner, master and crew owner and seafarers Section 57 ship vessel Section 57 ship's vessel's Subsection 57.1 This is a penal provision. Penalty: 50 penalty units. Subsection 57.2 crew members seafarers Paragraph 57.2(c) crew member for the crew member's seafarer for the seafarer's Subsection 57.3 This is a penal provision. Penalty: 50 penalty units. Paragraph 57.3(b) members of the crew seafarers Subsection 57.4 member of a ship's crew seafarer Subdivision 7.1, heading ships vessels Section 58 ship vessel Subsection 58.1 This is a penal provision. Penalty: 50 penalty units. Subsection 58.3 This is a penal provision. Penalty: 50 penalty units. Section 59 ship vessel Subsection 59.3 This is a penal provision. Penalty: 50 penalty units. Section 60 ship vessel Subsection 60.1 This is a penal provision. Penalty: 50 penalty units. Section 61 ship vessel Subsections 61.1, 61.2 and 61.6 This is a penal provision. Penalty: 50 penalty units. Subsection 62.1 ship vessel Subsections 62.1 and 62.2 This is a penal provision. Penalty: 50 penalty units. Section 63 ship vessel Section 63 The 63.1 The Section 63 This is a penal provision. Penalty: 50 penalty units. Section 64 ship vessel Subsections 64.2 and 64.3 This is a penal provision. Penalty: 50 penalty units. Section 65 ship vessel Subsections 65.1 and 65.2 This is a penal provision. Penalty: 50 penalty units. Section 66 ship vessel Subsection 66.2 This is a penal provision. Penalty: 50 penalty units. Section 67 ship vessel Subsection 67.5 This is a penal provision. Penalty: 50 penalty units. Section 68 ship vessel Subsections 68.2 and 68.3 This is a penal provision. Penalty: 50 penalty units. Section 69 An 69.1 An Section 69 ship vessel Section 69 ships vessels Paragraph 69(d) an Australian ship a regulated Australian vessel Paragraph 69(d) crew seafarers Section 69 This is a penal provision. Penalty: 50 penalty units. Schedules 1 and 2 ship's vessel's Schedule 2 ship vessel Schedule 4, subclauses 1.1 and 1.4 crew member seafarer Schedule 4, subclauses 1.6 member of the crew seafarer Schedule 4, subclauses 1.6 and 1.7 ship vessel Schedule 4, subclause 1.7 ships vessels Schedule 4, subclause 1.7 crew seafarers Schedule 4, subclause 2.1 ship's vessel's Schedule 4, clauses 3 and 4 ship vessel Schedule 4, subclause 3.7 crew seafarers Schedule 4, paragraph 4.2(a) ship's vessel's Schedule 4, clauses 5 and 6 ship vessel Schedule 4, paragraph 5(c) member of the crew seafarer Schedule 4, paragraphs 5(f) and (g) crew seafarers Schedule 4, paragraph 5(h) members of the crew seafarers Schedule 4, paragraph 5(i) crew seafarer Schedule 4, clauses 6 and 7 ship's vessel's Schedule 4, paragraph 6(b) crew members seafarers Schedule 4, paragraph 6(e) members of the crew seafarers Schedule 4, clauses 7 and 8 ship vessel Schedule 4, clause 8 ships vessels Schedule 4, subclause 8.1 crew seafarers Schedule 4, subclause 8.2 Orders, Part 57 (Helicopter operations) Order 57 (Helicopter operations) 2010 Schedule 5 ship's vessel's Schedule 5 ship vessel Schedule 5 crew seafarers Schedule 5 CREW MEMBER SEAFARER Schedule 6, heading Crew Seafarer Schedule 6 Crew member Seafarer Schedule 6 ship's vessel's Schedule 7, paragraph 1.1(a) ship vessel Schedule 7, subclause 1.1, note ships vessels Schedule 7, subclause 2.6 ship vessel Schedule 8, heading ships vessels Schedule 8, clause 1 ship vessel Schedule 8, clause 1 ships vessels Schedule 8, clause 1 ship's vessel's Schedule 8, subclause 1.8 a surveyor an inspector Schedule 8, clauses 2 and 3 ship vessel Schedule 8, paragraph 2.1(g) ship's vessel's Schedule 8, subclause 3.10 ship that is not registered in Australia foreign vessel Schedule 8, subclause 3.10 a surveyor an inspector Schedule 8, subclause 3.10 the surveyor the inspector Schedule 8, clauses 4 and 5 ship vessel Schedule 9, heading, reference section 68 section 69 Schedule 9, subclause 1.1 ships vessels Schedule 9, subclause 1.1 ship vessel Schedule 9, subclause 2.1 ships vessels Schedule 9, subclause 2.2 ship vessel Schedule 9, subclause 3.1 ships vessels Schedule 9, subclause 3.1 ship vessel Schedule 9, clause 6 ship vessel Schedule 12 Marine Orders Part 25, issue 7 (section 3) [1] Sections 1A and 1 substitute 1 Name of Order This Order is Marine Order 25 (Equipment — lifesaving) 2009. 1A Purpose This Order: (a) gives effect to Chapter III of SOLAS including the LSA Code; and (b) prescribes matters for paragraphs 339(2)(b) and (g) of the Navigation Act. 1B Power 1.2.1Subsection 339(1) of the Navigation 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. 1.2.2Paragraph 339(2)(b) of the Navigation Act provides that the regulations may provide for the machinery and equipment to be carried on board vessels for sending or receiving distress, urgency and other signals. 1.2.3Paragraph 339(2)(g) of the Navigation Act provides that the regulations may provide for the equipment to be carried on board vessels and the measures to be carried out, for the purpose of saving life at sea. 1.2.4Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS. 1.2.5Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which regulations may provide. [2] Section 2, definition of length omit [3] Section 2, definition of LSA Code substitute LSA Code means the International Life-Saving Appliance Code adopted by IMO Resolution MSC.48 (66), as in force from time to time. Note A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au. [4] Section 2, definition of surveyor omit [5] Section 2, note substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * cargo vessel * IMO * length * Manager, Ship Inspection and Registration * Manager, Ship Operations and Qualifications * Navigation Act * passenger vessel * recognised organisation * SOLAS * USL Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * regulated Australian vessel * seafarer. [6] Section 4 substitute 4 Application 4.1This Order applies to the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 4.2However, this Order applies to a foreign vessel that is a vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter III of SOLAS. 4.3 A cargo vessel that is converted to a passenger vessel is taken to be a passenger vessel constructed on the date when the conversion commences. 4.4If a provision of this Order requires or permits the appliances, equipment or arrangements of a vessel to comply with the USL Code, 1 or more requirements of this Order may be replaced by the corresponding requirements of the USL Code. 4.5If a vessel is certified in accordance with a Code mentioned in Marine Order 49 (High speed craft) 2009 or the Code mentioned in Marine Order 50 (Special purpose vessels) 2012, and a provision of the Code is inconsistent with a provision of this Order, the provision of the Code prevails to the extent of the inconsistency. [7] After subsection 6.2 insert Decision making criteria 6.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS. Meaning of equivalent and use of an equivalent 6.4In this section: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. [8] Subsection 9.1 omit This is a penal provision. insert Penalty: 50 penalty units. 9.1AAn offence against subsection 9.1 is a strict liability offence. 9.1BA person is liable to a civil penalty if the person contravenes subsection 9.1. Civil penalty: 50 penalty units. [9] Subsections 9.2 and 9.3 omit This is a penal provision. Note For engage in conduct, see Navigation Act, s 6. insert Penalty: 50 penalty units. Note For engage in conduct — see Criminal Code, s 4.1. 9.2AAn offence against subsection 9.2 is a strict liability offence. 9.2BA person is liable to a civil penalty if the person contravenes subsection 9.2. Civil penalty: 50 penalty units. 9.3In this section: proper use, of a life-saving appliance or item of life-saving equipment, means: (a) use in an emergency; or (b) use for training for an emergency; or (c) maintenance or testing of the appliance or item of equipment. [10] Subsection 12.4 omit crew [11] Schedule 1 heading substitute Schedule 1 Additional requirements for passenger vessels and cargo vessels — regulated Australian vessels (subsection 11.3) [12] Further amendments provision omit each mention of insert Section 2 ship vessel Section 2, definition of approved survey authority recognised organisation Section 3 ship vessel Subsection 3.4 provision subsection Subsection 3.6 survey authority recognised organisation Section 5 ship vessel Section 5 (Administration) (Administration) 2011 Subsection 5.3, note exemptions exemptions and equivalents Subsection 6.1 (Administration) (Administration) 2011 Subsection 6.1, note provision subsection Section 7 Marine Orders, Part 25, Issue 6 issue 6 of this Order Section 7 ship vessel Section 7 ships vessels Subsections 7.3.1 and 7.3.2 provision subsection Sections 8 and 9 ship vessel Section 9 ship's vessel's Section 10 ship vessel Section 10 survey authority recognised organisation Subsection 10.2 provision subsection Subsection 10.2 a surveyor an inspector Subsection 10.3.1 Manager, Ship Inspections Manager, Ship Inspection and Registration Section 11, heading ships vessels Subsection 11.1 section 215 paragraph 339(2)(g) Subsections 11.1 and 11.4 ship vessel Subsections 11.1 and 11.2 provision subsection Subsection 11.3 an Australian registered ship a regulated Australian vessel Section 12 ship vessel Section 12 ships vessels Section 12 ship's vessel's Subsection 12.1.0 provision section Paragraph 12.1.2(a) provision subsection Subparagraph 12.1.2(b)(ii) provision paragraph Subsection 12.1.3(a) provision subsection Subsection 12.3.2 provision subsection Subsection 12.3.2 crew members seafarers Subsection 12.7 crew seafarers Subsection 12.8.2 provision subsection Paragraph 12.8.3(a) crew member seafarer Paragraph 12.8.4(b) crew member seafarer Subsection 12.10 provisions subsections Subsection 12.10 survey authority recognised organisation Subsection 12.11.1A provision subsection Section 13 provision section Section 13 ship vessel Schedule 1 ship vessel Schedule 1 ship's vessel's Schedule 1, clause 1 ships and cargo ships that are registered in Australia vessels and cargo vessels that are regulated Australian vessels Schedule 1, clause 3, heading Requirements relevant to Chapter III Regulations Requirements for Regulations under Chapter III Schedule 1, clause 3 SOLAS Chapter III SOLAS, Chapter III Schedule 1, paragraph 3.4.1(a) member of the crew seafarer Schedule 1, paragraph 3.4.1(a), note All crew Seafarers Schedule 1, subclause 4.2.1, note 1 provision section Schedule 1, subclause 4.2.2 clause subclause Schedule 1, subclause 4.2.3 international overseas Schedule 1, subclause 4.2.3 clause subclause Schedule 1, subclause 4.3.2 clause subclause Schedule 1, subclause 4.3.4 survey authority recognised organisation Schedule 2, subclause 1.1.1 an Australian ship a regulated Australian vessel Schedule 2, subclause 1.1.2, note provision subclause Schedule 13 Marine Orders Part 27, issue 4 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 27 (Radio equipment) 2009. [2] Subsection 1.1 substitute 1.1 Purpose This Order: (a) gives effect to Chapter IV of SOLAS that deals with the provision, maintenance and use of radio equipment on board vessels; and (b) provides for seafarers to have GMDSS qualifications. Note For the current text of Chapter IV of SOLAS — see SOLAS Consolidated Edition 2011, published by the IMO. [3] Subsections 1.2.1 and 1.2.2 substitute 1.2.1Subsection 51(2) of the Navigation Act provides for regulations about matters to which AMSA must have regard when making a determination under subsection 51(1) of the Navigation Act about the master, officers or seafarers to be carried by a vessel who must hold specified seafarer certificates. 1.2.2Subparagraph 339(2)(b)(ii) of the Navigation Act provides for regulations about radio installations, radio navigational aids and communications equipment to be carried on board vessels. 1.2.2AParagraph 340(1)(a) of the Navigation Act provide for regulations to give effect to SOLAS. 1.2.2BParagraph 339(2)(c) of the Navigation Act provides for regulations about the operation, maintenance, checking and testing of equipment. 1.2.2CParagraph 339(2)(l) of the Navigation Act provides for regulations about logbooks. [4] Section 2, heading substitute 2 Definitions In this Order: [5] Section 2, definitions of AMSA, Deputy CEO, IMO, Manager, Ship Inspections, Manager, Ship Operations and Qualifications, Navigation Act and non-SOLAS ship omit [6] Section 2, definition of Radio Regulations substitute Radio Regulations has the same meaning as in Regulation 2.11 of Chapter IV of SOLAS. Note The text of the Radio Regulations is available at the International Telecommunications Union website: http://www.itu.int. [7] Section 2, definitions of SOLAS, SOLAS ship, STCW Code, STCW Convention and survey authority omit [8] Section 2, note substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Manager, Ship Inspection and Registration * SOLAS * STCW Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * inspector * owner * recognised organisation * regulated Australian vessel * STCW Convention. [9] Subsection 3.5 omit [10] Subsections 4.1 and 4.2 substitute 4.1This Order applies to the each of the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 4.2This Order applies to a foreign vessel that is a vessel to which Chapter IV of SOLAS applies only to the extent that the vessel fails to comply with SOLAS. [11] Section 5, heading substitute 5 Exemptions [12] After subsection 5.1 insert 5.1AA person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.1BThe decision maker for the application is the Manager, Ship Inspection and Registration. [13] Subsections 5.4 and 5.5 omit [14] Subsection 5.6, note substitute Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. [15] Section 6 substitute 6 Equivalents 6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use, see subsection 6.4. 6.2The decision maker for the application is the Manager, Ship Inspection and Registration. 6.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative. 6.4For this section: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. [16] Subsection 8.3 substitute 8.3The approved form for a radio log-book is set out in Schedule 7. [17] Subsection 8.4, note substitute Note The operation of a vessel mentioned in subsection 8.4 is not usually regulated under the Navigation Act. However, under subsection 98(3) of the Navigation Act, the vessel may be issued with certificate of equipment. Subsection 8.4 has been included for that purpose. [18] Further amendments provision omit each mention of insert Subsection 1.2.3 425(1) 339(1) Subsection 1.2.4 425(1AA) 342(1) Section 2, definition of approved Inspections Inspection and Registration Section 2, definition of GMDSS Certificate Marine Orders Part 6 Marine Order 6 (Marine Radio Qualifications) 2000 Sections 2 and 3 Part Order Section 3 ship vessel Subsection 3.2 Inspections Inspection and Registration Subsection 4.3 ship vessel Subsection 4.3 Part Order Subsection 5.1 Inspections Inspection and Registration Subsection 5.1 Part Order Subsection 5.1 ships vessels Paragraph 5.1(a) 7 section 7 subsection 5.2 5.1 subsection 5.1 Paragraph 5.2(a) provision section Subsection 5.3 non-Solas ship vessel to which Chapter IV of SOLAS does not apply Section 5 ship vessel Subsection 5.3 Inspections Inspection and Registration Subsection 5.6 Marine Orders, Part 27, Issue 3, issue 3 of this Order Section 7 ship vessel Subsection 7.1 SOLAS ship vessel to which Chapter IV of SOLAS applies Subsection 7.2 non-SOLAS ship vessel to which Chapter IV of SOLAS does not apply Subsection 7.2, note non-SOLAS ships vessels to which Chapter IV of SOLAS does not apply Paragraph 7.2(d) Inspections Inspection and Registration Paragraph 7.2(d) ship's vessel's Subsection 7.3 ships vessels Section 8 Appendix Schedule Section 8 ship vessel Section 8 non-SOLAS ship vessel to which Chapter IV of SOLAS does not apply Subsection 8.1 SOLAS ship vessel to which Chapter IV of SOLAS applies Subsection 8.1, note 1 Part Order Subsection 8.1, note 1 Appendixes Schedules Subsection 8.2, note 2 Inspections Inspection and Registration Subsection 8.2, note 3 SOLAS ships vessels to which Chapter IV of SOLAS applies Subsection 8.5 a ship a vessel Paragraph 8.5(d) Part of Marine Orders Order Paragraph 8.5(i) ship's vessel's Subsection 8.5, note Note Note 1 Subsection 8.5, note 8.5(e) paragraphs 8.5(e) Appendix 1 Ship Vessel Appendix 2 Part Order Appendix 2, clause 2 ship vessel Appendix 3, subclause 2.1.4 2.1.3 subclause 2.1.3 Appendix 5 ship vessel Appendix 5, clause 3 5, clause 5, Appendix 5, clause 4 1, clause 1, Appendix 6, heading non-SOLAS ships vessels to which Chapter IV of SOLAS does not apply Appendix 6 non-SOLAS ship vessel to which Chapter IV of SOLAS does not apply Appendix 6 Provision 7.2 subsection 7.2 Appendix 6 Inspections Inspection and Registration Appendix 6 ship's vessel's Appendix 6, first note under paragraph C.(i) ships vessels Appendix 6, second note under paragraph C.(i) ship vessel Appendix 6, second note under paragraph C.(i) Marine Orders, Part 25 Marine Order 25 (Equipment — lifesaving) 2009 Appendix 7 SHIP/VESSEL VESSEL Appendices 1 to 7 Appendix Schedule Schedule 14 Marine Order 28, issue 4 (section 3) [1] Section 4, at the foot insert 4.2This Order also gives effect to SOLAS in relation to the safe navigation and operation of vessels. [2] Subsection 5.3 substitute 5.3Paragraph 340(1)(a) of the Navigation Act provides that the regulations may provide for giving effect to SOLAS. [3] Section 6 substitute 6 Definitions Note 1 There are no terms currently defined specifically for this Order. Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Navigation Act * Manager, Ship Operations and qualifications * SOLAS * STCW Code. Note 3 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * owner (there is also a note about this term in Marine Order 1 (Administration) 2011) * master * seafarer * inspector * STCW Convention. [4] Section 7 substitute 7 Vessels to which this Order applies 7.1This Order applies to a regulated Australian vessel. 7.2This Order, other than subsection 9.4, sections 11 and 15 and subsections 17.4, 17.5 and 18.3, applies to a foreign vessel: (a) in an Australian port; or (b) entering or leaving an Australian port; or (c) in the internal waters of Australia; or (d) in the territorial sea of Australia, other than in the course of innocent passage. Note 1 port includes a harbour — see Navigation Act, s 14(1). Note 2 The provisions mentioned in subsection 7.2 impose specific requirements for regulated Australian vessels beyond the requirements of the STCW Convention and Code. [5] After subsection 9.2 insert 9.2AAn offence against subsection 9.2 is a strict liability offence. 9.2BA person is liable to a civil penalty if the person contravenes subsection 9.2. Civil penalty: 50 penalty units. [6] After subsection 9.3 insert 9.3AAn offence against subsection 9.3 is a strict liability offence. 9.3BA person is liable to a civil penalty if the person contravenes subsection 9.3. Civil penalty: 50 penalty units. [7] After section 13 insert 13.2An offence against subsection 13.1 is a strict liability offence. 13.3A person is liable to a civil penalty if the person contravenes subsection 13.1. Civil penalty: 50 penalty units. [8] Subsection 16.5, notes 1 and 2 substitute Note 1 Under section 185 of the Navigation Act, the owner of a vessel must report marine incidents and dangers to navigation to AMSA. Under section 186 of the Navigation Act, the master of a vessel must report marine incidents and dangers to navigation to AMSA. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters in relation to reports under sections 185 and 186. Note 2 Section 221 of the Navigation Act enables requirements to be prescribed for reporting about movements of vessels. Marine Order 63 (AUSREP) 2006 prescribes the requirements. [9] Subsection 17.3 omit seafarer, including the master and chief engineer, must insert seafarer must [10] Subsection 18.3, note omit ship to which Part II of the Navigation Act applies — see s 7.1 and 7.2. insert regulated Australian vessel — see s 7.1 and 7.2. [11] Further amendments provision omit each mention of insert Section 1 Order 28, issue 4 Order 28 (Operations standards and procedures) 2012 Section 4 This 4.1 This Section 4 ships vessels Subsection 5.1 Subsection 151(1A) Paragraph 340(1)(h) Subsection 5.2 425(1) 339(1) Subsection 5.4 425(1A) 342(1) Division 2, heading operators owners Section 8 Operators of ships Owners of vessels Section 9, heading Operators of ships Owners of vessels Section 9 operator of a ship owner of a vessel Section 9 ship vessel Subparagraph 9.2(a)(i) Orders, Part 3 (Seagoing Qualifications) Order 3 (Seagoing qualifications) 2004 Paragraph 9.2(e) ship's vessel's Subsections 9.2 and 9.3 This is a penal provision. Penalty: 50 penalty units. Sections 11, 12, 13, 15, 16 and 17 ship vessel Section 13, heading operators owners Section 13 The operator 13.1 The owner Section 13 This is a penal provision. Penalty: 50 penalty units. Subsection 15.1 operator owner Section 15 (Administration) (Administration) 2011 Subparagraph 16.1(a)(ii) ships vessels Section 17 operator owner Subsection 17.8 a surveyor an inspector Section 18 ship vessel Subsection 18.1 operator owner Schedule 15 Marine Orders Part 30, issue 8 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 30 (Prevention of collisions) 2009. [2] Subsection 1.2 substitute 1.2 Power 1.2.1Subsection 176(1) of the Navigation Act provides that the regulations may provide for requirements for the prevention of collisions, and for provision and use of lights and signals on vessels. 1.2.2Subsection 176(2) of the Navigation Act provides for regulations to give effect to the Prevention of Collisions Convention. 1.2.3Subsection 339(1) of the Navigation 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. 1.2.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulations. [3] Sections 2 to 5 substitute 2 Definitions In this Order: Certificate of Approval — see subsection 6.2. International Regulations means the Rules and Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, as in force from time to time for Australia. Note 1 A copy of the International Regulations as in force on 9 October 2009, is set out in Schedule 1. Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * IMO * Manager, Ship Inspection and Registration * Marine Order * Navigation Act. Note 3 Some terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * master * owner * Prevention of Collisions Convention * recognised organisation * regulated Australian vessel * seafarer. 3 Application This Order applies to each of the vessels mentioned in section 175 of the Navigation Act. 4 Review of decisions A decision under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. [4] Subsection 7.1, note substitute Note It is an offence for the owner or master of a vessel to operate a vessel or cause or permit another person to operate a vessel, in contravention of regulations made for section 176 of the Navigation Act — see sections 177 and 178 of the Navigation Act. [5] Subsection 7.4, note omit [6] After subsection 7.5 insert Note Nautical charts required to be carried on a vessel by sections 224 and 225 of the Navigation Act include the traffic separation schemes and inshore traffic zones. [7] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.1 ship vessel Subsections 6.1.1 and 6.1.2 an Australian-registered ship a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality Subsections 6.1, 6.2 and 7.6 Inspections Inspection and Registration Subsections 6.1 and 6.2 survey authority recognised organisation Subsection 6.2.1 6.1 subsection 6.1 Section 7, heading Measures to be observed Requirements for operation of vessels Section 7 ship vessel Subsection 7.1 observed observed in the operation of a vessel Subsection 7.3 an Australian registered ship a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality Appendix, heading Appendix Schedule 1 Schedule 16 Marine Orders Part 31, issue 6 (section 3) Division 1 Initial modification [1] Before section 1A insert Division 1 Preliminary [2] Subsection 1.2.1 substitute 1.2.1Subsection 98(1) of the Navigation Act provides that the regulations may make provision in relation to safety certificates. 1.2.1ASubsection 98(2) provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS. 1.2.1BParagraph 340(1)(a) of the Navigation Act also provides that the regulations may give effect to SOLAS. [3] Section 2, definitions of cargo ship and surveyor substitute nuclear vessel means a vessel that has a nuclear power plant. sailing vessel has the same meaning as in Marine Order 52 (Sailing ships) 1999. short overseas voyage, for a passenger vessel, means an overseas voyage: (a) in which the vessel is not at any time more than 200 nautical miles from a port or place where the passengers and seafarers aboard the vessel could be placed in safety; and (b) in which the distance between the last port of call in the country where the voyage begins and the final port of destination is not more than 600 nautical miles. [4] Section 2, after note 2 insert Note 3 Some terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector. [5] Subsection 4.1 substitute 4.1This Order applies to the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. [6] Sections 5 and 6 substitute 4A Certificates that do not make a vessel a regulated Australian vessel For subparagraph 15(1)(c)(ii) of the Navigation Act, the following certificates are prescribed: (a) a pollution certificate issued for a domestic commercial vessel; (b) a safety certificate that is an Australian load line certificate issued for a vessel in accordance with Marine Order 16 (Load Lines) 2004. 5 Review of decisions A decision by the Manager, Ship Inspection and Registration under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. 6 Notification of alterations to vessel For paragraph 105(1)(c) of the Navigation Act, the prescribed period is within 7 days after the alteration. Note For ways of contacting AMSA — see AMSA's website at http://www.amsa.gov.au. [7] Before section 7 insert Division 2 Surveys [8] After section 11 insert 11A Sailing vessels Sections 8 and 9 (which relate to cargo vessels) apply to a regulated Australian vessel that is a sailing vessel with a gross tonnage of over 50 tonnes as if references in those sections to a cargo vessel were references to a sailing vessel with a gross tonnage of over 50 tonnes. [9] Subsection 13.1.2, note substitute Note Paragraph 248(1)(a) of the Navigation Act provides for the detention of a vessel that is unseaworthy or substandard. [10] Subsection 13.2 omit [11] After section 13 insert 13A Reporting of marine incidents to AMSA 13A.1For paragraphs 185(1)(b) and 186(1)(b) of the Navigation Act (which deal with reporting of marine incidents by the owner and the master of a vessel), the prescribed period for reporting a marine incident is: (a) for a preliminary report for which the approved form known as an Incident Alert Form (Form AMSA 18, also known as Form MO—31/14) is suitable — 4 hours; and (b) for a detailed report for which the approved form known as an Incident Report Form (Form AMSA 19, also known as Form MO—31/15) is suitable — 72 hours. Note 1 AMSA Forms 18 and 19 are available from AMSA's website: http://www.amsa.gov.au. For convenience, the forms have also been reproduced in Schedule 1 as Forms MO—31/14 and MO 31—15. Note 2 If a report is made under sections 185 or 186 of the Navigation Act, the Manager, Ship Inspection and Registration may start an investigation to determine if a survey of the vessel should be conducted. 13A.2If the master is unable to access an approved form for reporting a marine incident: (a) the master may report the incident using another document that sets out the information required by the approved form; and (b) a report made in accordance with paragraph (a) is taken, for paragraphs 185(1)(b) and 186(1)(b) of the Navigation Act, to be a report in the approved form. Note For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19. Division 3 Certificates 13B Application for a safety certificate 13B.1For subsection 99(1) of the Navigation Act, the kinds of safety certificate are those mentioned of Table 1 in section 14. 13B.2For subsection 99(2) of the Navigation Act, an application for a safety certificate must be: (a) in writing; and (b) made with an application for a survey mentioned in section 16. [12] Subsections 14.1.1 and 14.1.2 substitute 14.1 Duration of certificates 14.1.1Table 1 sets out: (a) the kinds of safety certificates; and (b) the maximum period for which each kind of safety certificate can be in force. 14.1.2A safety certificate remains in force for the period, up to the maximum period mentioned in Table 1, mentioned in the certificate. 14.1.3However, the period may be extended in accordance with subsection 14.3. [13] Subsection 14.1, Table 1, column 2 omit Passenger Certificate 1 year [14] Section 15 omit everything before Table 2, insert A safety certificate mentioned in Table 2 must be in the form mentioned for the certificate in the table. [15] Section 15, Table 2 omit Passenger Certificate MO-31/16 [16] Section 16, heading substitute 16 Application for survey [17] Subsection 16.2 omit [18] Section 17 substitute 17 Inspector's reports and declaration 17.1After completing a survey of a vessel, the inspector must give the following documents to AMSA: (a) an inspection report; (b) a declaration in accordance with Form MO-31/2. 17.2The inspector must state in the declaration: (a) the extent to which the vessel's construction, equipment and machinery was surveyed by him or her; and (b) his or her opinion, based on the survey, about the kind of voyages that the vessel is fit to undertake. [19] Paragraph 18.2 (a) substitute (a) that is a foreign vessel to which SOLAS does not apply; or [20] After subsection 18.3 insert 18.4AMSA may grant an exemption from survey under Division 2. 18.5AMSA may revoke an exemption from survey if the inspection report under section 20 shows that: (a) the condition of a vessel, or its equipment, does not substantially correspond with the safety certificate issued for the vessel; or (b) the vessel cannot proceed to sea without danger to its crew or passengers. [21] After section 19 insert 20 Inspection of vessels exempt from survey 20.1An inspector may, at any time, inspect a vessel that is wholly or partly exempt from survey under any Marine Orders. 20.2An inspector who has completed an inspection mentioned in subsection 20.1 must prepare an inspection report and give it to AMSA. 21 Certificates required for a passenger vessel 21.1A passenger vessel engaged in an overseas voyage must have the following safety certificates: (a) either: (i) for a vessel engaged in a short overseas voyage — a passenger ship short voyage safety certificate; or (ii) in any other case — a passenger ship safety certificate; (b) any exemption certificate in force for the vessel that applies to the voyage. 21.2A passenger vessel engaged in a short overseas voyage must have a passenger ship short voyage safety certificate. 22 Certificates required for a cargo vessel 22.1A cargo vessel that is not a fishing vessel and is at least 500 gross tonnage engaged on an overseas voyage must have the following safety certificates: (a) either: (i) all of these: (A) a cargo ship safety construction certificate; (B) a cargo ship safety equipment certificate; (C) a cargo ship safety radio certificate; or (ii) a cargo ship safety certificate; (b) any exemption certificate in force for the vessel that applies to the voyage. 22.2A cargo vessel that is a fishing vessel and is at least 500 gross tonnage, or less than 500 gross tonnage engaged on an overseas voyage, must have a certificate of survey appropriate to the voyage. 22.3A cargo vessel of at least 300 gross tonnage that is engaged on an overseas voyage must have the following certificates: (a) a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate; (b) any exemption certificate in force for the vessel that applies to the voyage. Division 4 Criteria for issue, variation or revocation of safety certificates 23 Criteria The criteria for the issue, variation or revocation of a safety certificate for a regulated Australian vessel are: (a) for issue of a certificate mentioned in Schedule 2 — those mentioned for the certificate in Schedule 2; and (b) for variation of a certificate: (i) a written application for a variation of the certificate is made to the issuing body, specifying the nature of variation sought; and (ii) the vessel complies with the survey requirements that apply to it; and (iii) the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and (iv) the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration; and (c) for revocation of a certificate: (i) the surveys required by this Order are not completed within the periods required by this Order; or (ii) the certificate is not endorsed in accordance with this Order; or (iii) the vessel to which it applies ceases to be registered in Australia. [22] Schedule 1, Form MO-31/1 omit To the Surveyor [23] Schedule 1, Form MO-31/2, before the footnotes insert * delete as appropriate [24] Schedule 1, Form MO-31/13 substitute Form MO–31/13 NOTICE OF ALTERATION UNDER SECTION 105 OF THE NAVIGATION ACT To: Manager, Ship Inspection and Registration Area Manager, Ship Safety Division, ............................................ Recognised organisation that issued the certificate……………… PARTICULARS TO BE NOTIFIED 1. Name of vessel. 2. Official number (if any). 3. IMO number 4. Gross Tonnage 5. Home port/port of registry. 6. Call sign. 7. Name of owner(s) or agent. 8. Address of principal place of business of owner or agent in Australia. 9. Date of issue and reference number of the Safety Certificate. 10. Name of the recognised organisation. 11. Reason(s) for, or cause(s) of alteration 12. Description of nature and extent of alteration to the vessel (including date(s) on which alterations were commenced and completed. 13. Name and address of person or corporation effecting alteration. 14. Particulars of changes in the construction of the vessel. 15. Additional information (if any) affecting the compliance of the vessel with the provisions of SOLAS as appropriate. …............................................... (signature of master or owner) ........................................ (date) [25] Schedule 1, Form MO-31/16 omit [26] After Schedule 1 insert Schedule 2 Criteria for issue of safety certificates (section 23) Item Certificate Criteria 1 Passenger ship safety certificate or passenger ship short voyage safety certificate The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to passenger vessels to which SOLAS applies 2 Cargo ship safety construction certificate The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12 and 15 that relate to cargo vessels to which SOLAS applies 3 Cargo ship safety equipment certificate The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 15, 21, 25 and 30 that relate to cargo vessels to which SOLAS applies 4 Cargo ship safety radio certificate The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with Marine Order 27 5 Cargo ship safety certificate The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to cargo vessels to which SOLAS applies 6 Exemption certificate (SOLAS) The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to cargo vessels to which SOLAS applies (other than the requirement mentioned in the exemption certificate); and (c) complies with any conditions imposed by the Manager, Ship Inspection and Registration 7 Certificate of survey for a passenger vessel The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to vessels to which SOLAS does not apply; and (c) complies with any conditions imposed by the Manager, Ship Inspection and Registration 8 Certificate of survey for a cargo vessel other than a fishing vessel The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to cargo vessels to which SOLAS does not apply; and (c) complies with any conditions imposed by the Manager, Ship Inspection and Registration 9 Certificate of survey for a fishing vessel The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21 and 25 that relate to fishing vessels to which SOLAS does not apply; and (c) complies with the conditions imposed by the Manager, Ship Inspection and Registration 10 Exemption certificate (non-SOLAS) The vessel: (a) has been surveyed in accordance with this Order; and (b) complies with the provisions of Marine Orders 12, 15, 21, 25, 27 and 30 that relate to vessels to which SOLAS does not apply (other than the requirement mentioned in the exemption certificate); and (c) complies with any conditions imposed by the Manager, Ship Inspection and Registration [27] Further amendments provision omit each mention of insert Section 1A 31, issue 6 31 (Ship surveys and certification) 2006 Subsection 1.2.2 Divisions 1, 2 and 2B of Part IV Section 314, paragraph 93(3)(a) and subparagraph 339(2)(i) Subsection 1.2.2 ships vessels Subsection 1.2.3 425 (1) 339(1) Subsection 1.2.4 425 (1AA) 342(1) Section 2, definition of USL Class 1A and 2A ship vessel Section 2, note 2 (Administration), (Administration) 2011, Section 2, note 2 * AMSA * cargo vessel * General Manager, Maritime Operations Division * General Manager, Ship Safety Division * fishing vessel Section 2, note 2 * SOLAS * passenger vessel * survey authority. * recognised organisation * SOLAS * inspector. Subsection 3.3 ship vessel Subsections 4.2 and 4.3 ship vessel Subsection 4.3 steamship vessel Section 7, heading ships vessels Section 7 ship vessel Subsection 7.2 ship's vessel's Subsection 7.2, note surveyor inspector Subsection 7.3 survey authority recognised organisation Section 8, heading ships vessels Subsection 8.1 ship vessel Subsection 8.1 the Navigation Act and Marine Marine Section 9 ships vessels Subsection 9.1 the Navigation Act and Marine Marine Subsection 9.1 ship vessel Section 10, heading ships vessels Section 10 ship vessel Section 10 ship's vessel's Subsection 10.1.1 the Navigation Act and Marine Marine Subsection 10.1.3, note surveyor inspector Subsections 11.1 and 11.2 the Navigation Act and Marine Marine Subsection 11.3, note crew seafarers Section 12, heading ships vessels Section 12 ship vessel Paragraph 12.1(a) Orders Part 17 (Liquefied Gas Carriers and Chemical Tankers) Order 17 (Liquefied gas carriers and chemical tankers) 2006 Paragraph 12.1(b) Orders Part 47 (Mobile Offshore Drilling Units) Order 47 (Mobile offshore drilling units) 2012 Paragraph 12.1(c) Orders Part 49 (High Speed Craft) Order 49 (High-speed craft) 2009 Paragraph 12.1(d) Orders Part 49 (High Speed Craft) Order 49 (High-speed craft) 2009 Paragraph 12.1(e) Orders Part 50 (Special Purpose Ships) Order 50 (Special Purpose Ships) 2012 Paragraph 12.1(f) Orders Part 43 (Cargo & cargo handling — livestock) Order 43 (Cargo & cargo handling — livestock) 2006 Subsection 12.2 Orders, Part 41 (Carriage of Dangerous Goods) Order 41 (Carriage of dangerous goods) 2009 Subsection 13.1 ship vessel Subsection 13.1 the Navigation Act, Marine Orders Marine Orders Subsection 13.1.2 a surveyor an inspector Subsection 13.1.2 the surveyor the inspector Section 14, heading Duration of certificates Duration and validity of safety certificates Subsection 14.3.1 sections 8, 9 and 10 sections 8 to 11A Subsections 14.3.2, 14.3.3 and 14.3.4 ship vessel Subsection 14.3.2 survey authority recognised organisation Subsection 14.3.5 Australian-registered Australian Subsection 14.3.6, note ship vessel Subsection 14.5 ship vessel Subsection 14.5, note survey authority recognised organisation Subsection 14.6 a surveyor an issuing body Subsection 16.1.1 survey authority recognised organisation Subsection 16.1.1 the Schedule Schedule 1 Subsections 16.1.2 and 16.1.3 ship vessel Subsections 18.1 and 18.2 ship vessel Subsections 18.1 and 18.2 subsection 193(1) of the Navigation Act Division 2 Paragraph 18.2(b) registered in Australia a regulated Australian vessel Subsection 18.3 ship vessel Subsection 18.3 204 or section 210 20 Section 19, heading Transitional Harmonisation of expiry dates of certificates Section 19 ship's vessel's Schedule 1, Form MO-31/1 crew seafarers Schedule 1, Form MO-31/1 OF SHIP OF VESSEL Schedule 1, Form MO-31/1 ship vessel Schedule 1, Form MO-31/1 organization organisation Schedule 1, Form MO-31/1 Ship vessel Schedule 1, Form MO-31/2, heading SURVEYOR'S DECLARATION DECLARATION OF SURVEY OR INSPECTION Marine Order 31 (Ship surveys and certification) Marine Order 31 (Ship surveys and certification) 2006 Schedule 1, Form MO-31/2 ship vessel Schedule 1, Form MO-31/2, note 3 surveyor inspector Schedule 1, Form MO-31/2, note 3 1912 2012 Schedule 1, Form MO-31/2 a surveyor appointed under the Navigation Act 1912, an inspector appointed under the Navigation Act 2012/ a surveyor employed by a recognised organisation * Schedule 1, Form MO-31/2 Signature of Surveyor Signature Schedule 1, Form MO-31/2, note 3 surveyor is appointed the appointment is Schedule 1, Form MO-31/9 1912 2012 Schedule 1, Form MO-31/9 subsections 195(1A) and 195(2) of the Navigation Act section 14 of Marine Order 31 (Ship surveys and certification) 2006 Schedule 1, Form MO-31/10 1912 2012 Schedule 1, Form MO-31/10 Marine Order 31 (Ship surveys and certification) Marine Order 31 (Ship surveys and certification) 2006 Schedule 1, Form MO-31/10 subsections 195(1A) and 195(2) of the Navigation Act section 14 of Marine Order 31 (Ship surveys and certification) 2006 Schedule 1, Form MO-31/11 1912 2012 Schedule 1, Form MO-31/11 Marine Orders, Part 31 (Ship surveys and certification) Marine Order 31 (Ship surveys and certification) 2006 Schedule 1, Form MO-31/12 1912 2012 Schedule 1, Form MO-31/12 ship vessel Schedule 1, Form MO-31/15 sections 268, 269 or 417 paragraphs 185(1)(b) or 186(1)(b) or subparagraph 312(1)(b)(ii) Schedule 1, Form MO-31/15 1912 2012 Schedule 1, Form MO-31/15 section 417 subparagraph 312(1)(b)(ii) [28] Other amendments provision omit each mention of insert Subsection 13B.1 14 18 Subsection 14.1.3 14.3 18.3 Subsection 14.3.4 14.3.1, 14.3.3 or 14.3.5 18.3.1, 18.3.3 or 18.3.5 Subsection 14.3.6 14.2.(b) or subsection 14.3.3 or 14.3.4 18.2.(b) or subsection 18.3.3 or 18.3.4 Division 2 Consequent modification [1] Sections 14 and 15 relocate before section 20 as sections 18 and 19 [2] Sections 16 to 19 renumber as sections 14 to 17 Schedule 17 Marine Orders Part 32, issue 3 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 32 (Cargo handling equipment) 2011. [2] Section 5 substitute 5 Power 5.1Subsection 112(5) of the Navigation Act provides for regulations dealing with loading, stowing or carriage of cargo in vessels and unloading of cargo from vessels. Note Section 114 provides that a person who contravenes subsection 114(1) is punishable on conviction by imprisonment for up to 5 years and a fine of up to 300 penalty units. 5.2Subsection 339(1) of the Navigation 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 Navigation Act. 5.3Paragraph 339(2)(b) of the Navigation Act provides for regulations dealing with machinery and equipment to be carried on board vessels. 5.4Paragraph 339(2)(c) provides for regulations dealing with operating, maintaining, checking and testing of the machinery and equipment. 5.5Subsection 342(1) of the Navigation Act provides for the making of orders for matters that can be made by the regulations. [3] Section 6, definitions of AMSA, cargo, container and dangerous goods omit [4] Section 6, definition of IMDG Code substitute IMDG Code means the International Maritime Dangerous Goods Code. Note International Maritime Dangerous Goods Code is defined in the Navigation Act. On 30 June 2013 the latest edition of the IMDG Code was the 2010 edition. [5] Section 6, notes 1 to 3 substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Manager, Ship Inspection and Registration * Navigation Act * offshore industry mobile unit. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * cargo * container * dangerous goods * inspector * master * port * recognised organisation * seafarer. Note 3 Recognised organisations are listed in Marine Order 1 (Administration) 2011. [6] Paragraph 8(1)(c), note omit [7] After subsection 10.1 insert 10.1AAn offence against subsection 10.1 is a strict liability offence. 10.1BA person is liable to a civil penalty if the person contravenes subsection 10.1. Civil penalty: 50 penalty units. [8] After subsection 10.2 insert 10.2AAn offence against subsection 10.2 is a strict liability offence. 10.2BA person is liable to a civil penalty if the person contravenes subsection 10.2. Civil penalty: 50 penalty units. [9] After subsection 11.3 insert 11.4An offence against subsection 11.3 is a strict liability offence. 11.5A person is liable to a civil penalty if the person contravenes subsection 11.3. Civil penalty: 50 penalty units. [10] After subsection 13.2 insert 13.3An offence against subsection 13.2 is a strict liability offence. 13.4A person is liable to a civil penalty if the person contravenes subsection 13.2. Civil penalty: 50 penalty units. [11] After subsection 14.2 insert 14.2AAn offence against subsection 14.2 is a strict liability offence. 14.2BA person is liable to a civil penalty if the person contravenes subsection 14.2. Civil penalty: 50 penalty units. [12] After subsection 14.3 insert 14.3AAn offence against subsection 14.3 is a strict liability offence. 14.3BA person is liable to a civil penalty if the person contravenes subsection 14.3. Civil penalty: 50 penalty units. [13] After subsection 15.3 insert 15.3AAn offence against subsection 15.3 is a strict liability offence. 15.3BA person is liable to a civil penalty if the person contravenes subsection 15.3. Civil penalty: 50 penalty units. [14] After section 16 insert 16.2An offence against subsection 16.1 is a strict liability offence. 16.3A person is liable to a civil penalty if the person contravenes subsection 16.1. Civil penalty: 50 penalty units. [15] After section 17 insert 17.2An offence against subsection 17.1 is a strict liability offence. 17.3A person is liable to a civil penalty if the person contravenes subsection 17.1. Civil penalty: 50 penalty units. 17A Loading and unloading — employment of seafarers For paragraph 94(1)(b) of the Navigation Act, the requirements are: (a) the master agrees to the seafarer loading or unloading the vessel; and (b) a risk assessment is undertaken to ensure that the vessel can be loaded or unloaded in accordance with this Order. [16] After subsection 18.7 insert 18.8An offence against subsection 18.1, 18.4, 18.5, 18.6 or 18.7 is a strict liability offence. 18.9A person is liable to a civil penalty if the person contravenes subsection 18.1, 18.4, 18.5, 18.6 or 18.7. Civil penalty: 50 penalty units. [17] After section 19 insert 19.2An offence against subsection 19.1 is a strict liability offence. 19.3A person is liable to a civil penalty if the person contravenes subsection 19.1. Civil penalty: 50 penalty units. [18] After subsection 24.1 insert 24.1AAn offence against subsection 24.1 is a strict liability offence. 24.1BA person is liable to a civil penalty if the person contravenes subsection 24.1. Civil penalty: 50 penalty units. [19] After subsection 24.2 insert 24.2AAn offence against subsection 24.2 is a strict liability offence. 24.2BA person is liable to a civil penalty if the person contravenes subsection 24.2. Civil penalty: 50 penalty units. [20] After subsection 25.1 insert 25.1AAn offence against subsection 25.1 is a strict liability offence. 25.1BA person is liable to a civil penalty if the person contravenes subsection 25.1. Civil penalty: 50 penalty units. [21] After subsection 30.3 insert 30.3AAn offence against subsection 30.1, 30.2 or 30.3 is a strict liability offence. 30.3BA person is liable to a civil penalty if the person contravenes subsection 30.1, 30.2 or 30.3. Civil penalty: 50 penalty units. [22] After subsection 32.3 insert 32.4An offence against subsection 32.2 or 32.3 is a strict liability offence. 32.5A person is liable to a civil penalty if the person contravenes subsection 32.2 or 32.3. Civil penalty: 50 penalty units. [23] After section 36 insert 36.2An offence against subsection 36.1 is a strict liability offence. 36.3A person is liable to a civil penalty if the person contravenes subsection 36.1. Civil penalty: 50 penalty units. [24] Other amendments provision omit each mention of insert Subsections 4.1(a)(i), (ii) and (iii) ships, off-shore industry vessels and off-shore industry mobile units vessels Paragraph 4.1(a)(iv) off-shore industry mobile units vessels Subsection 4.2 ship vessel Subsection 4.2 ships vessels Section 6, definition of bulk carrier ship vessel Section 6, definition of cargo space ship vessel Section 6, definition of competent person, subparagraph (a)(ii) classification society recognised organisation Section 6, definition of competent person, sub-subparagraph (b)(i)(A) ship's vessel's Section 6, definition of competent person, sub-subparagraph (b)(i)(A) ship vessel Section 6, definition of competent person, sub-subparagraph (b)(i)(C) classification society recognised organisation Section 6, definition of competent person, subparagraph (b)(ii) ship vessel Section 6, definition of competent person, subparagraph (b)(ii) crew member seafarer Section 6, definition of duty surveyor surveyor inspector Section 6, definition of duty surveyor a surveyor an inspector Section 6, definition of lifting appliance ship vessel Section 6, definitions of loading, operator, owner, self unloading system and shipborne barge ship vessel Section 6, definition of operator shipowner owner Section 6, definition of ship equipment a ship a vessel Section 6, definitions of solid bulk cargo and unloading ship vessel Section 7 ship vessel Paragraph 8(1)(a) ship vessel Paragraph 8(1)(b) ship to which Part II of the Navigation Act applies regulated Australian vessel Section 9 to 12 ship vessel Subsection 9.1 (Administration) (Administration) 2011 Subsection 9.2.1 ships vessels Subsection 9.2.2 surveyor inspector Division 2, heading surveyors inspectors Subsections 10.1 and 10.2 a surveyor an inspector Subsections 10.1 and 10.2 This is a penal provision. Penalty: 50 penalty units. Subsection 11.1 a surveyor an inspector Subsection 11.3 This is a penal provision. Penalty: 50 penalty units. Paragraph 11.3(b) a surveyor an inspector Section 12 A surveyor An inspector Subsection 13.1 ship vessel Subsections 13.1 and 13.2 a surveyor an inspector Subsections 13.2, 14.2 and 14.3 This is a penal provision. Penalty: 50 penalty units. Subsection 13.2, note an Australian ship a regulated Australian vessel Subsections 14.1 to 14.9 ship vessel Subsection 14.9 crew of the ship, the master of the ship seafarers of the vessel, the master of the vessel Section 15 to 17 ship vessel Subsection 15.3 This is a penal provision. Penalty: 50 penalty units. Section 16 A 16.1 A Sections 16 and 17 This is a penal provision. Penalty: 50 penalty units. Section 17 The 17.1 The Section 18 the ship the vessel Section 18 ship's vessel's Subsection 18.1 This is a penal provision. Penalty: 50 penalty units. Paragraphs 18.3(b) and 18.4(a) member of the crew seafarer Subsection 18.4 This is a penal provision. Penalty: 50 penalty units. Subsection 18.5 member of the crew of the ship seafarer of the vessel Subsections 18.5, 18.6 and 18.7 This is a penal provision. Penalty: 50 penalty units. Section 19 The 19.1 The Sections 19 to 23 ship vessel Section 19 This is a penal provision. Penalty: 50 penalty units. Section 23, heading ships vessels Subsection 23.1 23.2 subsection 23.2 Subsection 23.2 ship's vessel's Subsection 23.2 Orders, Part 21 (Safety of navigation and emergency procedures) Order 21 (Safety of navigation and emergency procedures) 2012 Subsection 23.6, note ships vessels Subsections 24.1 and 24.2 This is a penal provision. Penalty: 50 penalty units. Sections 24 to 26, 28 and 30 ship vessel Subsection 25.1 This is a penal provision. Penalty: 50 penalty units. Subsections 30.1, 30.2 and 30.3 This is a penal provision. Penalty: 50 penalty units. Subsection 32.1 surveyor inspector Subsection 32.2 a ship a vessel Subsection 32.2 ship board equipment equipment on board the vessel Subsections 32.2 and 32.3 a surveyor an inspector Subsections 32.2 and 32.3 This is a penal provision. Penalty: 50 penalty units. Division 7, heading ships' vessels' Sections 33 and 34 ship vessel Section 34 ship's vessel's Section 36 A 36.1 A Section 36 This is a penal provision. Penalty: 50 penalty units. Sections 37 to 39 ship vessel Schedule 1, subclauses 1.1, 1.2 and 1.6 ship vessel Schedule 1, subclause 1.6, note ships vessels Schedule 1, clauses 2 and 3 ship vessel Schedule 1, paragraph 3.6(d) more that more than Schedule 1, subclause 4.2.1.5 ship vessel Schedule 1, paragraph 4.3(d) ship vessel Schedule 1, clause 5 ship vessel Schedule 2, clauses 3 and 5 ship vessel Schedule 2, clause 6, heading ships vessels Schedule 2, clause 6 ship vessel Schedule 2, clause 7, heading ships vessels Schedule 2, clauses 7, 8, 11 and 12 ship vessel Schedule 2, subclause 13.1.2 ships vessels Schedule 2, subclause 13.2.3 ship vessel Schedule 2, subclause 14.2.2 ships vessels Schedule 2, paragraph 14.3.1(f) ship vessel Schedule 2, subclause 14.4.2 ship's vessel's Schedule 2, subclause 14.5.3, note ships vessels Schedule 2, subclause 15.2.3, example 1, subparagraph (d)(iv) a surveyor an inspector Schedule 2, subclause 15.2.5 ship's vessel's Schedule 2, subclause 15.2.12 ships vessels Schedule 2, subclause 15.2.14 ship vessel Schedule 2, subclause 15.2.14 ship's vessel's Schedule 3, subclause 1.1 ship vessel Schedule 4, clause 1 a ship a vessel Schedule 4, clauses 1 to 3 the ship the vessel Schedule 4, subparagraph 1.2(b)(i) classification society recognised organisation Schedule 4, subclause 8.1.1 and 8.4.1 ships vessels Schedule 4, subclause 8.3.2 classification society recognised organisation Schedule 6, paragraph 1.3(d) surveyor inspector Schedule 6, paragraph 1.4(b) classification society recognised organisation Schedule 6, paragraph 1.4(c) ship vessel Schedule 6, subclause 6.1 A ship A vessel Schedule 6, paragraph 6.1(b) ship vessel Schedule 6, subclauses 6.1 and 6.3 ship's vessel's Schedule 6, subclauses 6.3, 6.4 and 6.6 ship vessel Schedule 6, paragraph 6.4(d) Orders, Part 21 (Safety of navigation and emergency procedures) Orders 21 (Safety of navigation and emergency procedures) 2012 Schedule 6, subclause 6.6 ship's vessel's Schedule 6, clauses 7 and 8 ship vessel Schedule 6, paragraphs 8(a) and (c) survey authority or classification society recognised organisation Schedule 6, clause 11 mobile offshore drilling unit offshore industry mobile unit Schedule 6, clause 13 ship's vessel's Schedule 7, subclause 1.3 ship's vessel's Schedule 7, subclause 1.3 ship vessel Schedule 7, subclauses 2.4.1 and 2.4.2 ship's vessel's Schedule 7, subclause 2.4.2 ship vessel Schedule 7, subclause 2.4.5 ship's vessel's Schedule 7, subclause 2.4.7 ship vessel Schedule 7, subclause 3.6 ship vessel Schedule 8, clauses 2 and 3 ship vessel Schedule 8, clause 3 ship's vessel's Schedule 8, clause 4 ship vessel Schedule 8, clause 6 ship's vessel's Schedule 9, paragraph 1.1(b) ship's vessel's Schedule 10, subclause 3.2 a surveyor an inspector Schedule 11, Forms MO 32/1 and 32/2 Ship Vessel Schedule 11, Forms MO 32/1, 32/2, 32/3 and 32/4 Marine Order 32 (Cargo Handling Equipment) Marine Order 32 (Cargo Handling Equipment) 2011 Schedule 18 Marine Orders Part 33, issue 4 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 33 (Cargo and cargo handling — grain) 2005. [2] Subsection 1.2 substitute 1.2 Power 1.2.1Subsections 112(4) and 112(5) of the Navigation Act provide that the regulations may provide for the carriage on a vessel of cargo, the loading, unloading and stowing of cargo, and giving of relevant notices. 1.2.2Subsection 339(1) of the Navigation 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. 1.2.3Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS, including Part C of Chapter VI which deals with the carriage of grain. 1.2.4Subsection 342(1) of the Navigation Act provides for the making of Orders for any matter for which the regulations may provide. [3] Section 2, heading substitute 2 Definitions In this Order: [4] Section 2, definitions of AMSA, Manager, Ship Inspections and Code omit [5] Section 2, definition of document of authorization substitute document of authorisation means a document issued under A 3 of the Code by: (a) for a regulated Australian vessel — the Manager, Ship Inspection and Registration or a recognised organisation; or (b) for a foreign vessel to which SOLAS applies: (i) the administration of the country of registry of the vessel; or (ii) the administration of a country to which SOLAS applies, on behalf of the country of registry, under the law of the country of registry that gives effect to SOLAS; or (iii) an organisation recognised and authorised by the administration of the country of registry of the vessel. International Grain Code means the International Code for the Safe Carriage of Grain in Bulk adopted by IMO Resolution MSC.23 (59), as in force from time to time. Note 1 See also the IMO publication International Code for the Safe Carriage of Grain in Bulk, 1991 edition. Note 2 A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au. [6] Section 2, definitions of General Manager, IMO, penal provision, SOLAS, survey authority, surveyor and the Navigation Act omit [7] Section 2, at the foot insert Note 3 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * IMO * Manager, Ship Inspection and Registration * Navigation Act * recognised organisation * SOLAS. Note 4 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector. [8] Subsection 3.4 omit [9] Subsection 4.1 substitute 4.1This Order applies to the loading, stowage and carriage of grain in bulk on: (a) a regulated Australian vessel; or (b) a foreign vessel that is: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. [10] Sections 5 and 6 substitute 5 Exemptions 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:  making an application  seeking further information about an application  the time allowed for consideration of an application  imposing conditions on approval of an application  notification of a decision on an application  review of decisions. 5A Equivalents 5A.1 A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use —see subsection 5A.4. 5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS. 5A.4 In this section: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of SOLAS, requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of this Order or SOLAS. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 6 Review of decisions A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note A decision under section 5 or 5A is also a reviewable decision for Marine Order 1(Administration) 2011 because it is mentioned in section 16 of that Order. [11] Subsection 7.1.4 omit [12] Subsection 7.2, footnote 8 substitute as note to subsection 7.2 Note This document is in the Supplement to the International Maritime Dangerous Goods Code (IMDG Code). The IMDG Code as currently in force is available from the IMO (website — http://www.imo.org). Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au. [13] After subsection 9.2.1 insert 9.2.1AAn offence against subsection 9.2.1 is a strict liability offence. 9.2.1BA person is liable to a civil penalty if the person contravenes subsection 9.2.1. Civil penalty: 50 penalty units. [14] After subsection 10.2 insert 10.2AAn offence against subsection 10.2 is a strict liability offence. 10.2BA person is liable to a civil penalty if the person contravenes subsection 10.2. Civil penalty: 50 penalty units. [15] Further amendments provision omit each mention of insert Subsection 1.1 ships vessels Subsection 1.1 Part Order Section 2, definition of approved Inspections Inspection and Registration Section 3 Part Order Section 3 Code International Grain Code Subsection 3.2 Inspections Inspection and Registration Subsection 3.3 survey authority recognised organisation Subsection 4.2 Part Order Subsection 4.2 ship vessel Section 7 ship vessel Section 7 Code International Grain Code Subsection 7.1.1 this Part this Order Subsection 7.1.2, footnote 5 Code International Grain Code Subsection 7.1.3 a surveyor an inspector Subsection 7.3 Code ) International Grain Code) Subsection 7.3 Part Order Subsection 7.3 the Appendix Schedule 1 Paragraph 7.3(b) St Vincent's Gulf Gulf St Vincent Section 8 Code) International Grain Code) Section 8 Code International Grain Code Section 8 authorization authorisation Section 9 ship vessel Subsection 9.1.1 9.1.2 subsection 9.1.2 Subsection 9.1.1(k) authorization authorisation Subsection 9.1.2 9.1.1 subsection 9.1.1 Subsection 9.1.2 A surveyor An inspector Section 9, footnote 9 Inspections Inspection and Registration Subsection 9.2 a surveyor an inspector Subsection 9.2.1 This is a penal provision. Penalty: 50 penalty units. Subsection 9.2.1 9.2.2 subsection 9.2.2 Paragraph 9.2.1(a) 9.1 subsection 9.1 Subsection 9.2.2 a surveyor an inspector Subsection 9.2.2 the surveyor the inspector Section 10 ship vessel Section 10, footnote 11 Inspections Inspection and Registration Subsection 10.1.1 10.1.1 subsection 10.1.1 Subsection 10.1.2 A surveyor An inspector Subsection 10.1.2 10.1.1 subsection 10.1.1 Subsection 10.2 10.3 subsection 10.3 Paragraph 10.2(a) 10.1 subsection 10.1 Paragraph 10.2(a) a surveyor an inspector Subsection 10.2 This is a penal provision. Penalty: 50 penalty units. Subsection 10.3 a surveyor an inspector Subsection 10.3 the surveyor the inspector Appendix, heading Appendix Schedule 1 Appendix, clause 1 ship vessel Appendix, clauses 1 and 2 ship's vessel's Appendix, subclauses 1.1.1 and 1.2.3 Appendix Schedule Appendix, subclause 1.2 authorization authorisation Appendix, subclause 1.2.3 1.2.2 subclause 1.2.2 Appendix, clause 2, heading St Vincent's Gulf Gulf St Vincent [16] Further amendments — definitions Each definition in section 2 (other than the definition of document of authorisation is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [17] Further amendments — footnotes footnote instruction 5 Relocate as a note at the foot of subsection 7.1.2 6 Relocate as a note at the foot of subsection 7.1.3 9 Relocate as note 1 at the foot of subsection 9.1.1 10 Relocate as note 2 at the foot of subsection 9.1.1 11 Relocate as note 1 at the foot of subsection 10.1.1 12 Relocate as note 2 at the foot of subsection 10.1.1 13 Relocate as a note under the heading to clause 1 14 Relocate as a note at the foot of subclause 1.1.1 15 Relocate as a note under the heading to clause 2 Schedule 19 Marine Orders Part 34, issue 6 (section 3) [1] Subsection 1.2 substitute 1.2 Power 1.2.1Paragraph 340(1)(a) of the Navigation Act provides for regulations to give effect to SOLAS. 1.2.2Subsection 112(5) of the Navigation Act provides that regulations may make provision for the loading, stowing or carriage of cargo in vessels, the unloading of cargo from vessels, and the giving of notices for the loading, or unloading, stowage or carriage of cargo into vessels. 1.2.3Subsection 339(1) of the Navigation 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. 1.2.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision must or may be made by regulations. [2] Section 2, definition of IMDG Code substitute IMDG Code means the International Maritime Dangerous Goods Code. Note The IMDG Code as currently in force is available from the IMO — see http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au. [3] Section 2, definition of IMSBC Code, including the note substitute IMSBC Code means: (a) the International Maritime Solid Bulk Cargoes Code 2012 edition and Supplement, published by the IMO, or if that edition has been superseded — the latest edition of that document; and (b) the additional requirements mentioned in Schedule 1. [4] Section 2, definitions of operator and surveyor omit [5] Section 2, notes 2 to 4 substitute Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * IMO * Manager, Ship Inspection and Registration * MARPOL * Navigation Act * Pollution Prevention Act * SOLAS. Note 3 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * International Maritime Dangerous Goods Code * marine order * recognised organisation * regulated Australian vessel. Note 4 There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA's website at http:/www.amsa.gov.au or by email at international relations@amsa.gov.au. [6] Section 2, notes 4 and 5 omit [7] Section 4 substitute 4 Application (1)This Order applies to the loading, stowing, carriage and unloading of solid bulk cargoes in: (a) a regulated Australian vessel; and (b) a foreign vessel that is: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iii) in the territorial sea of Australia, other than in the course of innocent passage. (2)Section 15 also applies to any other vessel to which Part A-1 of Chapter VII of SOLAS applies. [8] After subsection 5.4 insert 5.5An offence against subsection 5.3 or 5.4 is a strict liability offence. 5.6A person is liable to a civil penalty if the person contravenes subsection 5.3 or 5.4. Civil penalty: 50 penalty units. [9] Section 6 substitute 6 Review of decisions A decision under this Order, other than a decision made under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note A decision made under section 5 is a reviewable decision because it is mentioned in section 16 of Marine Order 1 (Administration) 2011. [10] After subsection 7.6 insert 7.7An offence against subsection 7.1, 7.2, 7.4 or 7.6 is a strict liability offence. 7.8A person is liable to a civil penalty if the person contravenes subsection 7.1, 7.2, 7.4 or 7.6. Civil penalty: 50 penalty units. [11] After subsection 7A.3 insert 7A.4An offence against subsection 7A.3 is a strict liability offence. 7A.5A person is liable to a civil penalty if the person contravenes subsection 7A.3. Civil penalty: 50 penalty units. [12] After subsection 7B.8 insert 7B.8AAn offence against subsection 7B.1, 7B.2, 7B.3, 7B.6, 7B.7 or 7B.8 is a strict liability offence. 7B.8BA person is liable to a civil penalty if the person contravenes subsection 7B.1, 7B.2, 7B.3, 7B.6, 7B.7 or 7B.8. Civil penalty: 50 penalty units. [13] After subsection 8.8 insert 8.9An offence against subsection 8.8 is a strict liability offence. 8.10A person is liable to a civil penalty if the person contravenes subsection 8.9. Civil penalty: 50 penalty units. [14] After subsection 8A.4 insert 8A.5An offence against subsection 8A.4 is a strict liability offence. 8A.6A person is liable to a civil penalty if the person contravenes subsection 8A.4. Civil penalty: 50 penalty units. [15] After subsection 9.1.3 insert 9.1.4An offence against subsection 9.1.1, 9.1.2 or 9.1.3 is a strict liability offence. 9.1.5A person is liable to a civil penalty if the person contravenes subsection 9.1.1, 9.1.2 or 9.1.3. Civil penalty: 50 penalty units. [16] After subsection 10.2 insert 10.3An offence against subsection 10.2 is a strict liability offence. 10.4A person is liable to a civil penalty if the person contravenes subsection 10.2. Civil penalty: 50 penalty units. [17] After subsection 11.1 insert 11.1AAn offence against subsection 11.1 is a strict liability offence. 11.1BA person is liable to a civil penalty if the person contravenes subsection 11.1. Civil penalty: 50 penalty units. [18] Subsection 11.3, heading substitute 11.3 Approvals for regulated Australian vessels [19] After subsection 12.2 insert 12.3An offence against subsection 12.2 is a strict liability offence. 12.4A person is liable to a civil penalty if the person contravenes subsection 12.2. Civil penalty: 50 penalty units. [20] After subsection 13.1.5 insert 13.1.6An offence against subsection 13.1.3 or 13.1.5 is a strict liability offence. 13.1.7A person is liable to a civil penalty if the person contravenes subsection 13.1.3 or 13.1.5. Civil penalty: 50 penalty units. [21] After subsection 13.3.3 insert 13.3.4An offence against subsection 13.3.3 is a strict liability offence. 13.3.5A person is liable to a civil penalty if the person contravenes subsection 13.3.3. Civil penalty: 50 penalty units. [22] After subsection 13.4.3 insert 13.4.4An offence against subsection 13.4.3 is a strict liability offence. 13.4.5A person is liable to a civil penalty if the person contravenes subsection 13.4.6. Civil penalty: 50 penalty units. [23] After subsection 14.3 insert 14.4An offence against subsection 14.3 is a strict liability offence. 14.5A person is liable to a civil penalty if the person contravenes subsection 14.3. Civil penalty: 50 penalty units. [24] Subsection 15.2 omit ship mentioned in provision 15.1 insert vessel [25] After subsection 15.2 insert 15.3An offence against subsection 15.1 or 15.2 is a strict liability offence. 15.4A person is liable to a civil penalty if the person contravenes subsection 15.1 or 15.2. Civil penalty: 50 penalty units. [26] Further amendments provision omit each mention of insert Section 1A Orders Part 34, issue 6. Order 34 (Solid bulk cargoes) 2007. Section 2, definition of terminal representative, note 1 Marine Orders, Part 32 Marine Order 32 (Cargo handling equipment) 2011 Section 2 ship vessel Subsections 3.4 and 3.5 ship registered in Australia regulated Australian vessel Subsection 3.5 survey authority recognised organisation Section 5 ship vessel Subsection 5.1 (Administration). (Administration) 2011. Subsections 5.3, 5.4, 7.1, 7.2, 7.4 and 7.6 This is a penal provision. Penalty: 50 penalty units. Section 7 ship's vessel's Section 7 ship vessel Subsection 7.1 operator owner Sections 7A, 7B, 8, 8A and 9 ship vessel Subsections 7A.1, 7B.1, 7B.4, 7B.5, 7B.6, 7B.7, 7B.10, 8.4 and 9.1.2 provision subsection Subsections 7A.3, 7B.1 to 7B.3, 7B.6 to 7B.8, 8.8, 8A.4 and 9.1.1 to 9.1.3 This is a penal provision. Penalty: 50 penalty units. Subsections 7A.3, 7B.10, 8.1, 8.2, 8.5 and 8.7 surveyor inspector Subsection 8.3 ships vessels Subsection 8A.2 Order 1 Order 1 (Administration) 2011 Subsection 10.1 ship registered in Australia regulated Australian vessel Subsection 10.1 provision applies section applies Paragraph 10.1(b) provision subsection Subsections 10.2 and 11.1 This is a penal provision. Penalty: 50 penalty units. Subsection 10.2 ship vessel Subsection 11.3.1 an Australian registered ship a regulated Australian vessel Sections 11, 12, 13, 14 and 16 ship vessel Subsection 11.2 Provision Subsection Subsection 11.3.2 (Administration) (Administration) 2011 Subsection 11.3.2 master, owner or operator master or owner Subsections 11.3.2, 12.2 and 15.2 provision subsection Subsection 11.3.3 (Administration) (Administration) 2011 Subsections 12.2, 13.1.3, 13.1.5, 13.3.3, 13.4.3, 14.3, 15.1 and 15.2 This is a penal provision. Penalty: 50 penalty units. Subsection 13.1.1 A surveyor An inspector Subsection 13.1.2 13.1.1 subsection 13.1.1 Subsection 13.1.3 13.1.1 subsections 13.1.1 Subsections 13.1.2, 13.1.3, 13.1. 4, 13.4.1 and 14.1 a surveyor an inspector Subsections 13.1.2, 13.1.4 and 14.1 the surveyor the inspector Subsection 13.3.1 13.1 subsection 13.1 Subsection 13.3.2 13.3.1 subsection 13.3.1 Subsection 13.3.3 13.3.2 subsection 13.3.2 Subsection 13.4.2 13.4.1 subsection 13.4.1 Subsection 13.4.3 13.4.2 subsection 13.4.2 Subsection 14.2 14.1 subsection 14.1 Subsection 14.3 14.2 subsection 14.2 Subsection 15.1 ship to which Part VI of the Navigation Act applies vessel Subsection 15.1 the ship must the vessel must Subsection 15.2 ship vessel Subsection 15.2 provision subsection Subsection 15.2 operator owner Section 16 ship's vessel's Schedule reference provision section Schedule 20 Marine Orders Part 35, issue 2 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 35 (Additional safety measures for bulk carriers) 2006. [2] Subsection 1.2 substitute 1.2 Power 1.2.1Paragraph 340(1)(a) of the Navigation Act provides for regulations to be made to give effect to SOLAS. 1.2.2Subsection 339(1) of the Navigation 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. 1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision must or may be made by regulations. [3] Section 2, heading substitute 2 Definitions [4] Section 2, definitions of AMSA, General Manager, IMO, Manager, Ship Inspections, Navigation Act, penal provision and SOLAS omit [5] Section 2, note at the foot substitute Note 1 There are no terms specifically defined for this Order. Note 2 Information on how to get a copy of an IMO document is available on AMSA's website http://www.amsa.gov.au, or by emailing international.relations@amsa.gov.au. Note 3 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * IMO * Navigation Act * Manager, Ship Inspection and Registration Note 3 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * Marine Order * recognised organisation * regulated Australian vessel * vessel. [7] Subsection 3.4 omit [8] Sections 4 to 6 substitute 4 Application This Order applies to a vessel to which Chapter XII of SOLAS applies that is: (a) a regulated Australian vessel; or (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. 5 Exemptions 5.1A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3AMSA must not grant an exemption if it would contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 6 Equivalents 6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use — see subsection 6.4. 6.2The decision maker for the application is the Manager, Ship Inspection and Registration. 6.3The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent: (a) would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) would not contravene SOLAS. 6.4In this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. [9] After subsection 7.2.1 insert 7.2.1AAn offence against subsection 7.2.1 is a strict liability offence. 7.2.1BA person is liable to a civil penalty if the person contravenes subsection 7.2.1. Civil penalty: 50 penalty units. [10] After subsection 7.2.2 insert 7.2.2AAn offence against subsection 7.2.2 is a strict liability offence. 7.2.2BA person is liable to a civil penalty if the person contravenes subsection 7.2.2. Civil penalty: 50 penalty units. [11] Subsection 7.2.3 omit Provision 7 of Marine Orders Part 34 insert section 7 of Marine Order 34 (Solid bulk cargoes) 2007 [12] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Section 3 Part Order Subsection 3.2 ship vessel Subsection 3.3 Manager Ship Inspection Manager Ship Inspection and Registration Section 7 an Australian registered ship a regulated Australian vessel Section 7 An Australian registered ship A regulated Australian vessel Subsections 7.2.1 and 7.2.2 ship vessel Subsections 7.2.1 and 7.2.2 This is a penal provision Penalty: 50 penalty units. Schedule 21 Marine Orders Part 41, issue 10 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 41 (Carriage of dangerous goods) 2009. [2] Paragraph 1.1(b) substitute (b) provides for the following matters: (i) carriage on vessels of cargo, including the loading, stowage, carriage and unloading of cargo, under subsection 112(4) of the Navigation Act; (ii) carriage of dangerous goods in vessels, under subsection 112(6) of the Navigation Act; (iii) giving notice of intention to ship dangerous goods in vessels, under subsection 119(1) of the Navigation Act. [3] Subsection 1.2.3 substitute 1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision may or must be made by regulation. [4] Section 2, heading substitute 2 Definitions [5] Section 2, definitions of AMSA, cargo, dangerous goods and General Manager omit [6] Section 2, definitions of IMDG Code and IMO substitute IMDG Code means the International Maritime Dangerous Goods Code. Note 1 International Maritime Dangerous Goods Code is defined in the Navigation Act. Note 2 For the text of the IMDG Code — see http://www.imo.org. Information about the IMDG Code is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au. IMSBC Code has the same meaning it has in Marine Order 34 (Solid bulk cargoes) 2007. [7] Section 2, definitions of Manager, Ship Inspections, MARPOL, Navigation Act and operator omit [8] Section 2, definitions of penal provision and person in charge substitute person in charge means the person in charge for Marine Order 32 (Cargo Handling Equipment) 2011. [9] Section 2, definitions of SOLAS, survey authority and surveyor omit [10] Section 2, after definition of underdeck space insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * IMO * Manager, Ship Inspection and Registration * MARPOL * Navigation Act * SOLAS. Note 1 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * master * seafarer * inspector. [11] Subsection 3.1 substitute 3.1For this Order, in regulation 5 of Chapter VII of SOLAS, approved by the Administration means: (a) for a regulated Australian vessel — approved by the Manager, Ship Inspection and Registration or a recognised organisation; and (b) for a foreign vessel — approved by or for the Administration of the country where the vessel is registered. [12] Paragraph 4.1(a) substitute (a) the carriage of dangerous goods in: (i) a regulated Australian vessel; and (ii) a foreign vessel: (A) in an Australian port; or (B) entering or leaving an Australian port; or (C) in the internal waters of Australia; or (D) in the territorial sea of Australia, other than in the course of innocent passage; and [13] Sections 5 to 7 substitute 5 Modifications 5.1A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for the modification of a requirement of this Order. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The decision maker may allow a modification only if he or she is satisfied that allowing the modification would not: (a) endanger person or property; or (b) contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and other matters referred to in it: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 5A Exemptions 5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5A.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3The decision maker may give an exemption only if he or she is satisfied that: (a) requiring compliance with the requirement would be unreasonable; and (b) giving the exemption would not contravene SOLAS. 6 Review of decisions A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. 7 Requirements for dangerous goods and their packing, stowing and carriage For subsection 112(6) of the Navigation Act, packing, stowing and carriage of dangerous goods must comply with the following requirements: (a) Parts A and D of Chapter VII of SOLAS; (b) the provisions of the IMDG Code that are expressed by the Code to be mandatory; (c) Schedule 1; (d) for goods to which the INF Code applies — the INF Code. Note 1 There may be additional requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009, which give effect to the dangerous goods aspects of MARPOL. Note 2 Section 267 of the Navigation Act provides that an inspector may give a prohibition notice to the responsible person of a vessel about an activity involving a serious risk to the health or safety of a person. Note 3 If a vessel is required by SOLAS II-2/54.3 or SOLAS II-2/19.4, as appropriate, to carry a Document of Compliance for the carriage of dangerous goods, dangerous goods not carried in accordance with the Document of Compliance may be regarded as endangering the safety of the vessel. Note 4 See section 11 for further information about the powers of inspectors under section 260 of the Navigation Act to inspect vessels, premises and documentation. Failure to take reasonable steps to facilitate the boarding of a vessel by an inspector is an offence under subsection 258(4) of the Navigation Act. Note 5 Division 4 of Chapter 3 of the Navigation Act sets out various offences in relation to dangerous goods. [14] Subsection 9.1.1, including the note substitute 9.1.1For subsection 119(1) of the Navigation Act, this section specifies the following matters about the notice of intention to ship dangerous goods that is required to be given before any dangerous goods are shipped in a vessel: (a) the manner of giving the notice; (b) the person to whom the notice must be given. Note Subsection 119(2) of the Navigation Act provides that contravention of subsection 119(1) of the Navigation Act is an offence with a penalty of imprisonment for 12 months or 60 penalty units, or both. [15] After subsection 9.1.5 insert 9.1.5AAn offence against subsection 9.1.5 is a strict liability offence. 9.1.5BA person is liable to a civil penalty if the person contravenes subsection 9.1.5. Civil penalty: 50 penalty units. [16] After subsection 9.1.7 insert 9.1.8An offence against subsection 9.1.7 is a strict liability offence. 9.1.9A person is liable to a civil penalty if the person contravenes subsection 9.1.7. Civil penalty: 50 penalty units. [17] After subsection 10.1 insert 10.1.2An offence against subsection 10.1.1 is a strict liability offence. 10.1.3A person is liable to a civil penalty if the person contravenes subsection 10.1.1. Civil penalty: 50 penalty units. [18] After subsection 10.2 insert 10.2.2An offence against subsection 10.2.1 is a strict liability offence. 10.2.3A person is liable to a civil penalty if the person contravenes subsection 10.2.1. Civil penalty: 50 penalty units. [19] After subsection 10.3 insert 10.3.2An offence against subsection 10.3.1 is a strict liability offence. 10.3.3A person is liable to a civil penalty if the person contravenes subsection 10.3.1. Civil penalty: 50 penalty units. [20] Subsection 11.1, note substitute Note To enable AMSA to carry out this function, under section 260 of the Navigation Act, inspectors have wide powers to inspect vessels, premises and documentation. Failure to take reasonable steps to facilitate the boarding of a vessel by an inspector is an offence under subsection 258(4) of the Navigation Act. [21] After section 11 insert 11.7An offence against subsection 11.3 or 11.6 is a strict liability offence. 11.8A person is liable to a civil penalty if the person contravenes subsection 11.3 or11.6. Civil penalty: 50 penalty units. [22] After section 12 insert 12.3An offence against subsection 12.1 or 12.2 is a strict liability offence. 12.4 A person is liable to a civil penalty if the person contravenes subsection 12.1 or 12.2. Civil penalty: 50 penalty units. [23] After section 13 insert 13.3An offence against subsection 13.1 or 13.2 is a strict liability offence. 13.4A person is liable to a civil penalty if the person contravenes subsection 13.1 or 13.2. Civil penalty: 50 penalty units. [24] After section 13 insert 14 Carrying dangerous goods in packaged form or in solid form in bulk — certificates 14.1 The master of a vessel must not permit dangerous goods in packaged form or in solid form in bulk to be loaded onto a vessel if each certificate mentioned in subsection 14.5 is not in force for the vessel. 14.2 The owner of a vessel must ensure that dangerous goods in packaged form or in solid form in bulk are not loaded onto the vessel if each certificate mentioned in subsection 14.5 is not in force for the vessel. 14.3 An offence against subsection 14.1 or 14.2 is a strict liability offence. 14.4 A person is liable to a civil penalty if the person contravenes subsection 14.1 or 14.2. Civil penalty: 50 penalty units. 14.5 For subsections 14.1 and 14.2, the certificates are: (a) a Cargo Ship Safety Construction Certificate mentioned in Marine Order 31 (Ship surveys and certification) 2006; and (b) a document of compliance to carry dangerous goods, in accordance with Regulation 19.4 of Chapter II-2 of SOLAS. 14.6 For subsection 99(1) of the Navigation Act, each kind of certificate mentioned in subsection 14.5 is a safety certificate. 14.7 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a safety certificate mentioned in subsection 14.5 for a regulated Australian vessel are: (a) for a Cargo Ship Safety Construction Certificate — the criteria mentioned for the certificate in Marine Order 31 (Ship surveys and certification) 2006; and (b) for a document of compliance to carry dangerous goods: (i) the criteria mentioned in paragraph (a); and (ii) that the vessel is suitable for carriage of the classes of dangerous goods mentioned in tables 19.1, 19.2 and 19.3 of Regulation 19 of Chapter II-2 of SOLAS; and (iii) that the vessel complies with the IMDG Code and the IMSBC Code for the substances, materials or articles that it is to carry. 14.8 For paragraph 314(3)(h) of the Navigation Act, a safety certificate mentioned in subsection 14.5 ceases to be in force at the earlier of: (a) the end of the period mentioned in the certificate; or (b) when it is revoked. 14.9 For subsection 101(1) of the Navigation Act, the criteria for variation of a safety certificate mentioned in subsection 14.5 are the criteria mentioned in paragraph 23(b) of Marine Order 31 (Ship surveys and certification) 2006. 14.10 For subsection 102 of the Navigation Act, the criteria for revocation of a safety certificate mentioned in subsection 15.5 are the criteria mentioned in paragraph 23(c) of Marine Order 31 (Ship surveys and certification) 2006. [25] Further amendments — definitions Each definition in section 2 (other than the definitions of IMDG Code and person in charge) is amended by: (a) for definitions other than the definition of underdeck space — omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [26] Further amendments provision omit each mention of insert Paragraph 1.1 Part of Marine Orders Order Subparagraph 1.1(a)(ii) ships vessels Subsection 1.2.1 Section 191 of the Navigation Act provides Paragraphs 98(2)(a) and 340(1)(a) of the Navigation Act provide Subsection 1.2.2 425 (1) 339(1) Section 2, opening words Part Order Section 2, definition of accepted training course Inspections Inspection and Registration Section 2, definition of accepted training course Part Order Section 2, definition of INF Code, note 1 ships vessels Section 2, definition of INF Code, note 1 ship vessel Subsection 3.2 Inspections Inspection and Registration Subsection 3.2 Part Order Subsection 3.3 this Part this Order Subsection 3.4 Part Order Section 4 Part Order Subsection 4.1 4.2 subsection 4.2 Paragraph 4.1(b) ships vessels Paragraph 4.2(a) ship vessel Subsection 8.2 8.1 subsection 8.1 Subsection 8.2, note 2 Inspections Inspection and Registration Subsection 9.1.2 ship vessel Paragraph 9.1.2(c) a surveyor an inspector Paragraph 9.1.2(c) the surveyor the inspector Subsection 9.1.2, note 3 Part Order Subsection 9.1.2, note 3 provision section Subsection 9.1.3 provision subsection Subparagraph 9.1.3(a)(ii) ship vessel Paragraph 9.1.3(b) ship vessel Paragraph 9.1.3(c) a surveyor an inspector Paragraph 9.1.3(c) the surveyor the inspector Subsection 9.1.4 ship vessel Subsection 9.1.5 a surveyor an inspector Subsection 9.1.5 provision subsection Subsection 9.1.5 ship vessel Subsection 9.1.5 This is a penal provision. Penalty: 50 penalty units. Subsection 9.1.5, note 1 ship's vessel's Subsection 9.1.5, note 1 surveyor inspector Subsection 9.1.6 9.1.5 subsection 9.1.5 Section 9.1.6 ship vessel Paragraph 9.1.6(b) ship's vessel's Subsection 9.1.7 a surveyor an inspector Subsection 9.1.7 ship vessel Subsection 9.1.7 This is a penal provision. Penalty: 50 penalty units. Subsection 9.2.2 Provision Subsection Subsection 9.2.3 provision subsection Paragraph 9.2.3(b) a surveyor an inspector Paragraph 9.2.3(b) the surveyor the inspector Subsection 10.1 If 10.1.1 If Subsection 10.1 ship vessel Paragraph 10.1(b) a surveyor an inspector Subsection 10.1 This is a penal provision. Penalty: 50 penalty units. Subsection 10.1, note 1 in this provision mentioned in this subsection Subsection 10.1, note 1 Marine Orders Part 32 (Cargo Handling Equipment). Marine Order 32 (Cargo Handling Equipment) 2011. Subsection 10.2 If 10.2.1 If Subsection 10.2 ship vessel Subsection 10.2 a surveyor an inspector Subsection 10.2 This is a penal provision. Penalty: 50 penalty units. Subsection 10.3 If 10.3.1 If Subsection 10.3 board ship board a vessel Subsection 10.3 ship vessel Subsection 10.3 This is a penal provision. Penalty: 50 penalty units. Section 11 A surveyor An inspector Section 11 a surveyor an inspector Subsection 11.3 11.2 subsection 11.2 Subsection 11.3 This is a penal provision. Penalty: 50 penalty units. Subsection 11.4 ship vessel Subsection 11.5 ship vessel Subsection 11.5 the surveyor the inspector Subsection 11.6 ship vessel Subsection 11.6 provision subsection Subsection 11.6 This is a penal provision. Penalty: 50 penalty units. Section 12 ship vessel Subsection 12.1 operator owner Subsection 12.1 This is a penal provision. Penalty: 50 penalty units. Subsection 12.1, note provision section Subsection 12.2 ship's operator vessel's owner Subsection 12.2 This is a penal provision. Penalty: 50 penalty units. Section 13 ship vessel Subsection 13.1, note Marine Orders Part 94 (Marine Pollution Prevention —Packaged Harmful Substances) Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009 Subsection 13.1, note provision subsection Subsection 13.1 This is a penal provision. Penalty: 50 penalty units. Subsection 13.2 provision subsection Subsection 13.2 This is a penal provision. Penalty: 50 penalty units. Appendix 1, heading Appendix Schedule Appendix 1, clause 1 Appendix Schedule Appendix 1, clause 1 ship vessel Appendix 1, subclause 3.2 Inspections Inspection and Registration Appendix 1, subclause 5.1.1, definition of authorized body survey authority recognised organisation Appendix 1, subclause 5.1.1, definitions of national material standards and recognised pressure vessel code Inspections Inspection and Registration Appendix 1, subclause 5.2 this Part this Order Appendix 1, paragraph 5.2(a) Marine Orders Part 44 (Safe Containers) Marine Order 44 (Safe containers) 2002 Appendix 1, paragraph 5.2(b) Marine Orders Part 32 (Cargo Handling Equipment) Marine Order 32 (Cargo handling equipment) 2011 Appendix 1, subclause 7.2.1 a surveyor an inspector Appendix 1, subclause 7.2.2 a surveyor an inspector Appendix 1, subclause 7.2.3 Inspections Inspection and Registration Appendix 1, subclause 7.2.3, note 3 a surveyor an inspector Appendix 1, subclause 7.3 a surveyor an inspector Appendix 1, subclause 7.3 Inspections Inspection and Registration Appendix 1, subclause 8.1 ship vessel Appendix 1, paragraph 8.2.2 (b) a surveyor an inspector Appendix 1, subclause 8.3.1 ship vessel Schedule 22 Marine Orders Part 42, issue 2 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 42 (Cargo stowage and securing) 2003. 1A Purpose This Order gives effect to the following provisions of SOLAS: (a) Regulation 22 (Navigation Bridge Visibility) in Chapter V; (b) Regulation 2 (Cargo Information) in Chapter VI; (c) Regulation 5 (Stowage and Securing) in Chapter VI. 1B Power 1B.1Paragraph 340(1)(a) of the Navigation Act allow for the making of regulations to give effect to SOLAS. 1B.2Subsection 112(4) of the Navigation Act provides for regulations to provide for stowing and carriage in vessels of cargo. 1B.3Subsection 339(1) of the Navigation 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 Navigation Act. 1B.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for or in relation to which provision may be made by regulation. [2] Section 2 omit everything before definition of cargo transport unit, insert 2 Definitions 2.1In this Order: approved means: (a) for a regulated Australian vessel — approved by the Manager, Ship Inspection and Registration or a recognised organisation; or (b) for a foreign vessel — approved by or for the Administration of the foreign country. [3] Section 2, definitions of Chief Marine Surveyor and General Manager omit [4] Section 2, definition of IMDG Code substitute IMDG Code means the International Maritime Dangerous Goods Code. Note 1 International Maritime Dangerous Goods Code is defined in the Navigation Act. Note 2 For the text of the IMDG Code — see http://www.imo.org. Information about the IMDG Code is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au. [5] Section 2, definitions of IMO, length, penal provision, SOLAS, survey authority, surveyor and surveyor-in-charge omit [6] Section 2, at the foot insert Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * length * Manager, Ship Inspection and Registration * Navigation Act * SOLAS. Note 3 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * master. [7] Subsection 3.2 omit [8] Subsection 4.1 substitute 4.1This Order applies to: (a) the stowing and securing of cargoes in: (i) a regulated Australian vessel; and (ii) a foreign vessel: (A) in an Australian port; or (B) entering or leaving an Australian port; or (C) in the internal waters of Australia; or (D) in the territorial sea of Australia, other than in the course of innocent passage; and (b) a cargo unit or cargo transport unit packed or being packed for transport on a vessel mentioned in paragraph (a). [9] Sections 5 and 6 substitute 5 Equivalents 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use — see subsection 5.4. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The decision maker may approve use of an equivalent only if: (a) he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) use of the equivalent would not contravene SOLAS. 5.4For this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order, the CSS Code or the TDC Code requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order, the CSS Code or the TDC Code. use, of an equivalent, includes: (a) for a fitting, material, appliance or apparatus — fitting or carrying it in or on a vessel; and (b) for an arrangement or procedure — making the arrangement or following the procedure. Note Marine Order 1 (Administration) 2011 deals with the following matters about equivalents and exemptions: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 5A Exemptions 5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order, the CSS Code or the TDC Code. 5A.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3The decision maker may give an exemption only if he or she is satisfied that: (a) requiring compliance with the requirement would be unreasonable or impracticable; and (b) giving the exemption would not contravene SOLAS. 6 Review of decisions A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. [10] After subsection 7.2 insert 7.3An offence against subsection 7.2 is a strict liability offence. 7.4A person is liable to a civil penalty if the person contravenes subsection 7.2. Civil penalty: 50 penalty units. [11] After section 9 insert 9.2An offence against subsection 9.1 is a strict liability offence. 9.3A person is liable to a civil penalty if the person contravenes subsection 9.1. Civil penalty: 50 penalty units. [12] After subsection 10.5 insert 10.5.2An offence against subsection 10.5.1 is a strict liability offence. 10.5.3A person is liable to a civil penalty if the person contravenes subsection 10.5.1. Civil penalty: 50 penalty units. [13] After subsection 10.6.1 insert 10.6.1A An offence against subsection 10.6.1 is a strict liability offence. 10.6.1B A person is liable to a civil penalty if the person contravenes subsection 10.61. Civil penalty: 50 penalty units. [14] After subsection 11.3 insert 11.4An offence against subsection 11.3 is a strict liability offence. 11.5A person is liable to a civil penalty if the person contravenes subsection 11.3. Civil penalty: 50 penalty units. [15] After subsection 12.1.3 insert 12.1.4An offence against subsection 12.1.3 is a strict liability offence. 12.1.5A person is liable to a civil penalty if the person contravenes subsection 12.1.3. Civil penalty: 50 penalty units. [16] Paragraph 13(a) omit passenger or crew [17] Further amendments provision omit each mention of insert Subsection 2.1, definition of cargo unit ship vessel Subsection 2.1, definition of ro-ro space ship vessel Subsection 3.1 Part Order Subsection 3.3, including footnote 6 Part Order Subsection 3.3 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 4.2 Part Order Subsection 7.1 ship vessel Subsection 7.1 surveyor-in-charge inspector Paragraph 7.1(a) ship's vessel's Subsection 7.2 7.1 subsection 7.1 Subsection 7.2 This is a penal provision. Penalty: 50 penalty units. Subsection 8.1.1 8.2 subsection 8.2 Subsection 8.1.2 8.1.1 subsection 8.1.1 Subsection 8.1.2 ship vessel Subsection 8.2 ship vessel Section 9 A 9.1 A Section 9 ship vessel Section 9 Part Order Section 9 This is a penal provision. Penalty: 50 penalty units. Section 10 ship vessel Subsection 10.4 ships vessels Subsection 10.5 A 10.5.1 A Subsection 10.5 Marine Orders, Part 44 (Safe Containers). Marine Order 44 (Safe Containers) 2012. Subsection 10.5 This is a penal provision. Penalty: 50 penalty units. Subsection 10.6.1 This is a penal provision Penalty: 50 penalty units Subsection 10.6.2 ship's vessel's Subsection 10.6.2, footnote 12 10.6.2 subsection 10.6.2 Section 11 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 11.2 ship vessel Subsection 11.3 This is a penal provision. Penalty: 50 penalty units. Section 12 ship vessel Subsection 12.1 Part Order Subsection 12.1.1 A surveyor An inspector Subsections 12.1.2 and 12.1.3 the surveyor the inspector Subsection 12.1.2 a surveyor an inspector Subsection 12.1.2 12.1.1 subsection 12.1.1 Subsection 12.1.3 12.1.1 subsections 12.1.1 Subsection 12.1.3 This is a penal provision. Penalty: 50 penalty units. Subsection 12.2 Chief Marine Surveyor Manager, Ship Inspection and Registration Section 13 ship vessel Paragraph 13(a) life-saving lifesaving Paragraph 13(b) crew seafarer Section 14 ship vessel Paragraph 14.1(b) (a) paragraph (a) Paragraph 14.1(f) ship's vessel's Subsection 14.2 14.1(a) paragraphs 14.1(a) [18] Further amendments — footnotes footnote instruction 2 Re-locate as a note at the foot of definition of CSS Code in section 2 5 Re-locate as note 1 at the foot of definition of TDC Code in section 2 6 Re-locate as a note at the foot of subsection 3.3 8 Re-locate as a note at the foot of subsection 8.1.2 9 Re-locate as a note at the foot of subsection 10.2 10 Re-locate as a note at the foot of subsection 10.4 11 Re-locate as a note at the foot of subsection 10.6.1 12 Re-locate as a note at the foot of subsection 10.6.2 13 Re-locate as a note at the foot of section 13 Note Footnotes not mentioned in this item are omitted as a consequence of the text to which they relate being omitted. [19] Further amendments — definitions Each definition in section 2 (other than the definitions of approved and IMDG Code) is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. Schedule 23 Marine Orders Part 43, issue 6 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 43 (Cargo & cargo handling — livestock) 2006. 1A Purpose This Order: (a) makes provision for the certification of vessels engaged in the carriage of livestock cargoes; and (b) specifies requirements concerning the stowage and carriage of such cargoes for the safe operation of vessels. 1B Power 1B.1Section 98 of the Navigation Act provides that the regulations may provide for safety certificates. 1B.2Subsection 112(4) of the Navigation Act provides that the regulations may provide for the carriage on a vessel of cargo and livestock. 1B.3Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 1B.4 Paragraph 339(2)(i) of the Navigation Act provides that the regulations may provide for maintenance, testing, survey and certification of vessels. 1B.5Subsection 342(1) of the Navigation Act provides that AMSA may make orders for which provision may be made by regulation. [2] Section 2, heading substitute 2 Definitions In this Order: [3] Section 2, definitions of AMSA and classification society omit [4] Section 2, definitions of General Manager and IMO substitute IMDG Code means the International Maritime Dangerous Goods Code. Note The IMDG Code as currently in force is available from the IMO — see http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au. [5] Section 2, definitions of Manager, Ship Inspections, MARPOL 73/78, Navigation Act, operator, penal provision, SOLAS and surveyor omit [6] Section 2, at the foot insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * IMO * Manager, Ship Inspection and Registration * MARPOL * Navigation Act * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * owner * recognised organisation * regulated Australian vessel * International Maritime Dangerous Goods Code. [7] Subsection 3.4 omit [8] Sections 4 to 6 substitute 4 Application 4.1This Order applies to: (a) a regulated Australian vessel on which it is intended to take on, that is taking on, has on board or is carrying livestock between ports, wherever those ports are located; and (b) a foreign vessel on which it is intended to take on, that is taking on, or has on board livestock at any port in Australia or that is carrying livestock to sea from any port in Australia. 4.2However, this Order does not apply to a vessel if: (a) it arrives at a port in Australia carrying livestock loaded at a port outside Australia; and (b) an inspector is satisfied that the provisions of this Order are being substantially complied with for the livestock. 5 Modifications 5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for the modification of a requirement of this Order, other than a requirement of subsection 10.5. 5.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3 The Manager, Ship Inspection and Registration may allow a modification only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) allowing the modification would not contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and other matters mentioned in it: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 5A Equivalents 5A.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use — see subsection 5A.4. 5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS; and (c) approving the equivalent would not contravene subsection 10.5. 5A.5 In this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 6 Review of decisions A decision under subsections 7.3.1, 21.4, 24.4, 32.2, 34.3.2, 37.9 or 38.1 of this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions made under sections 100, 101 and 102 of the Act relating to safety certificates. [9] After subsection 7.1.1 insert 7.1.1AAn offence against subsection 7.1.1 is a strict liability offence. 7.1.1BA person is liable to a civil penalty if the person contravenes subsection 7.1.1. Civil penalty: 50 penalty units. [10] After subsection 7.1.2 insert 7.1.2AAn offence against subsection 7.1.2 is a strict liability offence. 7.1.2BA person is liable to a civil penalty if the person contravenes subsection 7.1.2. Civil penalty: 50 penalty units. [11] Subsection 7.2, footnote 6 substitute and move to foot of subsection 7.2 Note 3 For paragraph (h), section 186 of the Navigation Act requires the master of a vessel to report to AMSA if the vessel has been involved in a marine incident that has affected, or is likely to affect, the safety, operation or seaworthiness of the vessel. [12] After subsection 7.3.2 insert 7.3.2AAn offence against subsection 7.3.2 is a strict liability offence. 7.3.2BA person is liable to a civil penalty if the person contravenes subsection 7.3.2. Civil penalty: 50 penalty units. [13] After subsection 7.5.1 insert 7.5.1AAn offence against subsection 7.5.1 is a strict liability offence. 7.5.1BA person is liable to a civil penalty if the person contravenes subsection 7.5.1. Civil penalty: 50 penalty units. [14] After subsection 7.5.2 insert 7.5.2AAn offence against subsection 7.5.2 is a strict liability offence. 7.5.2BA person is liable to a civil penalty if the person contravenes subsection 7.5.2. Civil penalty: 50 penalty units. [15] After subsection 7.6.1 insert 7.6.1AAn offence against subsection 7.6.1 is a strict liability offence. 7.6.1BA person is liable to a civil penalty if the person contravenes subsection 7.6.1. Civil penalty: 50 penalty units. [16] After subsection 7.6.2 insert 7.6.2AAn offence against subsection 7.6.2 is a strict liability offence. 7.6.2BA person is liable to a civil penalty if the person contravenes subsection 7.6.2. Civil penalty: 50 penalty units. [17] Section 8, footnote 10 omit [18] Subsections 10.1 to 10.3.1 substitute 10.1.1For subsection 99(1) of the Navigation Act, an Australian certificate for the carriage of livestock is a safety certificate. 10.1.2A vessel must have the following surveys: (a) a survey for an Australian certificate for the carriage of livestock; and (c) within 12 months after the issue of an Australian certificate for the carriage of livestock, and each 12 months after that until the certificate ceases to have effect — an annual survey for endorsement of the vessel's Australian certificate for the carriage of livestock. 10.1.3For sections 103, 104, 106 or 107 of the Navigation Act, a vessel must have an Australian certificate for the carriage of livestock in accordance with Form 1 of Schedule 1. Note It is an offence under sections 103, 104, 106 and 107 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel. 10.1.4An Australian certificate for the carriage of livestock is in effect for 5 years or a lesser time determined by the Manager, Ship Inspection and Registration. Note The expiry date of the certificate will normally be aligned with the expiry date of the vessel's Cargo ship safety construction certificate, and the survey for annual endorsement of the Australian certificate for the carriage of livestock should be carried out, as far as practical, at the same time as the survey for the annual endorsement of the Cargo ship safety construction certificate. 10.1.5After an Australian certificate for the carriage of livestock ceases to have effect, the vessel must be surveyed again in accordance with subsection 10.1.2. 10.2 Issuing criteria 10.2.1For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an Australian certificate for the carriage of livestock are that: (a) the information mentioned in Schedule 2 is given in writing to the Manager, Ship Inspection and Registration; and (b) the information mentioned in Schedule 2A is given in writing to the Manager, Ship Inspection and Registration; and (c) the survey for the Australian certificate for the carriage of livestock shows that the vessel complies with this Order; and (d) the livestock fittings, livestock equipment and arrangements for the carriage of livestock of the vessel: (i) comply with this Order for the species sought to be carried; or (ii) are of a standard that is at least equivalent to those required by this Order; or (iii) if the ship carried livestock from Australia before 1 July 1983 — are of a standard substantially in compliance with this Order; and (e) the ship complies with, or, if it was constructed or converted for the carriage of livestock before 1 July 2000, substantially complies with, the bridge visibility requirements of Regulation 22 of Chapter V of SOLAS; and (f) issue of the certificate is not prohibited by subsection 10.5. 10.2.2The information mentioned in paragraphs 10.2.1(a) and (b) must be in English or accompanied by an English translation. 10.2.3A copy of the information mentioned in paragraphs 10.2.1(a) and (b) must be kept on the vessel. Variation criteria 10.3.1For section 101 of the Navigation Act, the criteria for the variation of an Australian certificate for the carriage of livestock are that: (a) a written application for a variation of the certificate is made to the issuing body, specifying the nature of variation sought; and (b) the vessel complies with the survey requirements that apply to it; and (c) the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and (d) the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration. Revocation criteria 10.3.1A For section 102 of the Navigation Act, the criteria for revocation of an Australian certificate for the carriage of livestock are that: (a) a safety certificate required by the vessel under Marine Order 31 (Ship surveys and certification) 2006 becomes invalid; or (b) a survey for endorsement of the Australian certificate for the carriage of livestock has not been satisfactorily completed within 3 months after its anniversary date; or (c) a requirement of paragraph 10.2.1(d), (e) or (f) is no longer met for the vessel; or (d) the arrangements for the carriage of livestock are substantially changed as set out in subsection 10.6.3; or (e) the arrangements for the carriage of livestock are modified as set out in subsection 10.6.4 and the modifications do not comply with the requirements of this Order for the construction of livestock structures and pens; or (f) the person with overall general control and management of the vessel changes; or (g) after 30 November 2011 — the vessel does not meet the requirements of SOLAS that apply to a vessel constructed after 31 August 1984. Note For paragraph 10.3.1A(f), the person with overall general control and management of the vessel is the person identified as operator in the Document of Compliance issued under the ISM Code. [19] Subsections 10.6.1 and 10.6.2 omit [20] After subsection 10.6.5 insert 10.6.5A An offence against subsection 10.6.5 is a strict liability offence. 10.6.5B A person is liable to a civil penalty if the person contravenes subsection 10.6.5. Civil penalty: 50 penalty units. [21] Subsection 10.7 omit [22] After subsection 10.8 insert 10.8AAn offence against subsection 10.8 is a strict liability offence. 10.8BA person is liable to a civil penalty if the person contravenes subsection 10.8. Civil penalty: 50 penalty units. [23] After subsection 10.9 insert 10.9AAn offence against subsection 10.9 is a strict liability offence. 10.9BA person is liable to a civil penalty if the person contravenes subsection 10.9. Civil penalty: 50 penalty units. [24] After subsection 10.10 insert 10.10AAn offence against subsection 10.10 is a strict liability offence. 10.10B A person is liable to a civil penalty if the person contravenes subsection 10.10. Civil penalty: 50 penalty units. [25] After subsection 10.11 insert 10.11AAn offence against subsection 10.11 is a strict liability offence. 10.11B A person is liable to a civil penalty if the person contravenes subsection 10.11. Civil penalty: 50 penalty units. [26] After subsection 11.1 insert 11.1AAn offence against subsection 11.1 is a strict liability offence. 11.1BA person is liable to a civil penalty if the person contravenes subsection 11.1. Civil penalty: 50 penalty units. [27] After subsection 11.2 insert 11.2AAn offence against subsection 11.2 is a strict liability offence. 11.2BA person is liable to a civil penalty if the person contravenes subsection 11.2. Civil penalty: 50 penalty units. [28] After subsection 13.3 insert 13.3AAn offence against subsection 13.3 is a strict liability offence. 13.3BA person is liable to a civil penalty if the person contravenes subsection 13.3. Civil penalty: 50 penalty units. [29] After subsection 14.3.3 insert 14.3.3A An offence against subsection 14.3.3 is a strict liability offence. 14.3.3B A person is liable to a civil penalty if the person contravenes subsection 14.3.3. Civil penalty: 50 penalty units. [30] After subsection 15.5 insert 15.5AAn offence against subsection 15.5 is a strict liability offence. 15.5BA person is liable to a civil penalty if the person contravenes subsection 15.5. Civil penalty: 50 penalty units. [31] After subsection 29.8.2 insert 29.8.2A An offence against subsection 29.8.2 is a strict liability offence. 29.8.2B A person is liable to a civil penalty if the person contravenes subsection 29.8.2. Civil penalty: 50 penalty units. [32] After subsection 35.5.3 insert 35.5.3A An offence against subsection 35.5.3 is a strict liability offence. 35.5.3B A person is liable to a civil penalty if the person contravenes subsection 35.5.3. Civil penalty: 50 penalty units. [33] After subsection 35.7 insert 35.7AAn offence against subsection 35.7 is a strict liability offence. 35.7BA person is liable to a civil penalty if the person contravenes subsection 35.7. Civil penalty: 50 penalty units. [34] After subsection 36.1 insert 36.1AAn offence against subsection 36.1 is a strict liability offence. 36.1BA person is liable to a civil penalty if the person contravenes subsection 36.1. Civil penalty: 50 penalty units. [35] After subsection 36.2 insert 36.2AAn offence against subsection 36.2 is a strict liability offence. 36.2BA person is liable to a civil penalty if the person contravenes subsection 36.2. Civil penalty: 50 penalty units. [36] After subsection 37.1 insert 37.1AAn offence against subsection 37.1 is a strict liability offence. 37.1BA person is liable to a civil penalty if the person contravenes subsection 37.1. Civil penalty: 50 penalty units. [37] After subsection 37.4 insert 37.4AAn offence against subsection 37.4 is a strict liability offence. 37.4BA person is liable to a civil penalty if the person contravenes subsection 37.4. Civil penalty: 50 penalty units. [38] After subsection 37.7 insert 37.7AAn offence against subsection 37.7 is a strict liability offence. 37.7BA person is liable to a civil penalty if the person contravenes subsection 37.7. Civil penalty: 50 penalty units. [39] After subsection 37.10 insert 37.10AAn offence against subsection 37.10 is a strict liability offence. 37.10BA person is liable to a civil penalty if the person contravenes subsection 37.10. Civil penalty: 50 penalty units. [40] After subsection 38.2 insert 38.2AAn offence against subsection 38.2 is a strict liability offence. 38.2BA person is liable to a civil penalty if the person contravenes subsection 38.2. Civil penalty: 50 penalty units. [41] Appendix 1, forms 1 and 4 omit Name and address of operator insert Name and address of person with overall general control and management of the vessel Note This is the person identified as operator in the Document of Compliance issued under the ISM Code. [42] After Appendix 2 insert Schedule 2A Australian certificate for the carriage of livestock Additional information to be provided by applicants Three copies of each of the following documents must be submitted: (a) scale drawings that provide details of: (i) the design, materials, methods of construction and arrangement of fittings for the containment and movement of the livestock; (ii) ventilation arrangements, including current test measurements, together with the gross volume of enclosed spaces; (iii) lighting; (iv) the provisions for storage and distribution of fodder and water; (v) drainage arrangements; (vi) arrangements of main and secondary supplies of power; (vii) the provision of fire-fighting appliances; (viii) the general arrangement of the vessel, both before and after modification to carry livestock, if a converted vessel; and (ix) the structural fire protection plan of the vessel, both before and after modification to carry livestock, if a converted vessel; (b) stability data for the vessel with livestock on board; (c) a documented maintenance program related to: (i) the livestock containment structure (including accessways, ramps between decks and vessel/shore livestock accesses); (ii) ventilation, lighting and drainage arrangements for the livestock areas of the vessel, including main and secondary sources of power; (iii) the arrangements for storage and distribution of fodder and water; (iv) the making of potable water on board (if this is required to provide for the necessary quantity of water to supply the livestock); and (v) the fire-fighting appliances in the livestock areas of the vessel; and (d) a Record of Equipment and Arrangements in accordance with Form 2 of Appendix 1. Note 1 An electronic copy of documentation may be accepted by prior arrangement with AMSA. Note 2 For paragraph (c), a documented maintenance program may be incorporated into the vessel's Safety Management System. If it is, the operator should provide a document that details where and how each of the listed requirements has been addressed in the Safety Management System. [43] Further amendments — definitions Each definition in section 2, other than the definition of IMDG Code, is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [44] Further amendments provision omit each mention of insert Section 2, definition of approved Inspections Inspection and Registration Section 2, definition of ISM Code Marine Orders, Part 58 Marine Order 58 (International Safety Management Code) 2002 Section 2, definition of uppermost continuous deck ship vessel Section 2, definition of uppermost continuous deck ship's vessel's Section 3 Part Order Section 3 ship vessel Subsection 3.3 provisions sections Section 7 ship vessel Section 7 Part Order Section 7 This is a penal provision Penalty: 50 penalty units Subsection 7.1.1 7.1.3 subsection 7.1.3 Subsection 7.1.1 a surveyor an inspector Subsection 7.1.1 the surveyor the inspector Subsection 7.1.2 7.1.3 subsection 7.1.3 Subsection 7.1.2 a surveyor an inspector Subsection 7.1.2 the surveyor the inspector Subsection 7.1.3 Provisions Subsections Paragraph 7.1.3 a surveyor an inspector Paragraph 7.1.3(c) 7.2 subsection 7.2 Subsection 7.1.4 7.1.3 subsection 7.1.3 Subsection 7.2 7.1 subsection 7.1 Subsection 7.2, footnote 4 Inspections Inspection and Registration Subsection 7.2, footnote 4 footnote 5 note 2 Subsection 7.2, footnote 5 7.2 subsection 7.2 Subsection 7.2, footnote 5 items paragraphs Subsection 7.2, footnote 5 item paragraph Subsection 7.3.1 a surveyor an inspector Subsection 7.3.1 the surveyor the inspector Subsection 7.3.2 a surveyor's an inspector's Subsection 7.3.2 7.3.1 subsection 7.3.1 Subsection 7.4.1 A surveyor An inspector Subsection 7.4.2 a surveyor an inspector Subsection 7.6.1 ship's vessel's Section 8 ship vessel Section 8 Part Order Subsection 8.3 8.4 subsection 8.4 Subsection 8.4 provisions subsections Section 9 ship vessel Section 9 ship's vessel's Section 9 classification society recognised organisation Section 10, heading Operator Owner Section 10 Certificate for the Carriage of Livestock certificate for the carriage of livestock Section 10 operator owner Section 10 ship vessel Section 10 ship's vessel's Section 10 This is a penal provision. Penalty: 50 penalty units. Section 10 Inspections Inspection and Registration Subsection 10.3.2 Appendix Schedule Subsection 10.4.2 Part Order Subsection 10.4.2 10.5 subsection10.5 Paragraph 10.5.1 (a) classification society recognised organisation Subparagraph 10.5.1(c)(i) ships vessels Subparagraph 10.5.1(c)(i) the Safety Convention SOLAS Subparagraph 10.5.1(c)(ii) 10.5.2 subsection 10.5.2 Subparagraph 10.5.1(c)(ii) 10.3 subsection 10.3 Subsection 10.5.2 provision subparagraph Subsection 10.5.2 10.5.1(c)(i) subparagraph 10.5.1(c)(i) Subsection 10.6.3 10.6.2(e) paragraph 10.3.1A(d) Subsection 10.6.4 10.6.2(f) paragraph 10.3.1A(e) Subsection 10.6.4, footnote 18 Part Order Subsection 10.6.5 in respect of for Subsection 10.6.5 become invalid been revoked Subsection 10.9 a surveyor an inspector Paragraph 10.11(d) classification society recognised organisation Section 11 ship vessel Section 11 Appendix Schedule Section 11 This is a penal provision. Penalty: 50 penalty units. Subsection 11.1, footnote 19 Annex The IMO Code on Intact Stability is contained in Annex Subsection 11.2 a surveyor an inspector Subsection 11.2 the surveyor the inspector Section 12 ship vessel Section 12 Appendix Schedule Section 12 operator owner Section 12 Inspections Inspection and Registration Paragraph 12.2(b) 6.8 subsection 6.8 Section 13 ship vessel Section 13 This is a penal provision. Penalty: 50 penalty units. Subsection 13.6 13 section 13 Subsection 13.6, footnote 22 13 section 13 Subsection 13.8 13.4 subsection 13.4 Section 13, footnote 22 the purposes of 13 this section Section 14 ship vessel Subsection 14.3.1 14.3.2 subsection 14.3.2 Subsection 14.3.3 a surveyor an inspector Subsection 14.3.3 This is a penal provision. Penalty: 50 penalty units. Section 15 ship vessel Section 15 ship's vessel's Section 15 This is a penal provision. Penalty: 50 penalty units. Subsection 15.5 15 section 15 Subsection 15.5 Part Order Section 16 ship vessel Section 16 ship's vessel's Section 16 Inspections Inspection and Registration Subsection 16.1, footnote 24 provisions 22.3 for sheep and subsection 22.3 for sheep and subsection Section 17 ship vessel Section 18 ship vessel Section 19 ship vessel Section 19 Inspections Inspection and Registration Section 19 Appendix Schedule Section 19, footnote 27 Inspections Inspection and Registration Subsection 20.1.1 20.1.2 subsection 20.1.2 Subsection 20.1.1, Table 3 22.4 subsection 22.4 Subsection 20.2, footnote 28 7.6.2 subsection 7.6.2 Subsection 20.2, footnote 28 Appendix Schedule Subsection 20.4 provision subsection Subsection 20.4 ship vessel Section 21 ship's vessel's Section 21 ship vessel Section 21 Inspections Inspection and Registration Subsection 21.1 21.4 subsection 21.4 Subsection 21.2 21.1 subsection 21.1 Subsection 21.3.1 21.4 subsection 21.4 Subsection 21.3.2 21.1 subsections 21.1 Subsection 21.4 21.1 subsections 21.1 Subsection 21.4 classification society recognised organisation Subsection 21.5 21.1 subsections 21.1 Subsection 22.6 3.2.1 subsection 3.2.1 Subsection 22.6 Appendix Schedule Section 23 ship vessel Subsection 23.1 23.2 subsection 23.2 Subsection 23.1, Table 5 Provision section Subsection 23.1, Table 5, footnote 33 Refer also to 3 of Appendix 4 For provision of a mechanical ventilation system, refer also to clause 3 of Schedule 4 Subsection 23.1, Table 5, footnote 34 Where such a If pens are on one side only of the passageway and the Subsection 23.1, Table 5, footnote 34 provision subsection Subsection 23.2 a surveyor an inspector Subsection 23.3.1 23.3.2 subsection 23.3.2 Subsection 23.5 provision subsection Subsection 23.7 provision paragraph Section 24 Inspections Inspection and Registration Section 24 ship's vessel's Section 24 ship vessel Subsection 24.1 24.4 subsection 24.4 Subsection 24.1, footnote 35 provision 24.1 this subsection Subsection 24.2 24.1 subsection 24.1 Subsection 24.3.1 24.4 subsection 24.4 Subsection 24.3.2 24.1 subsections 24.1 Subsection 24.4 24.1 subsections 24.1 Subsection 24.4 the survey authority AMSA Subsection 24.4 classification society recognised organisation Subsection 24.5 24.1 subsection 24.1 Subsection 24.6 provision subsection Subsection 25.4 provision section Subsection 25.5, footnote 36 3.2.1 of Appendix subclause 3.2.1 of Schedule Section 26, footnote 37 Inspections Inspection and Registration Section 26, footnote 37 provision section Subsection 27.1 a surveyor an inspector Subsection 27.2.1 provision section Subsection 27.2.2, footnote 38 Inspections Inspection and Registration Subsection 27.2.2, footnote 38 provision subsection Subsection 27.3 provision subsection Subsection 27.3 ship vessel Section 28, footnote 39 28.1 subsection 28.1 Subsection 28.2 provision section Subsection 29.5 provision section Subsection 29.5 29.6 subsection 29.6 Subsection 29.8.2 29.8.1 subsection 29.8.1 Subsection 29.8.2 This is a penal provision. Penalty: 50 penalty units. Subsection 30.1 30.2 subsections 30.2 Subsection 30.1 provisions sections Subsection 30.3, footnote 42 a surveyor an inspector Subsection 30.3, footnote 42 ship vessel Subsection 30.3, footnote 42 provision subsection Section 31 provisions sections Subsection 32.1 Part Order Subsection 32.2 provision subsection Subsection 32.2 a surveyor an inspector Subsection 33.3 Inspections Inspection and Registration Subsection 33.4.2 33.4.1 subsection 33.4.1 Subsection 33.6 provision section Section 34, footnote 43 Part Order Section 34, footnote 43 Marine Orders Parts 32 and 44 Marine Order 32 (Cargo handling equipment) 2011 and Marine Order 44 (Safe containers) 2002 Subsection 34.1 Part Order Subsection 34.1 provision subsection Subsection 34.3.1, footnote 45 Suitable For paragraph (b), suitable Subsection 34.3.2 34.3.1 subsection 34.3.1 Subsection 34.3.2 a surveyor an inspector Section 35 ship vessel Section 35 This is a penal provision. Penalty: 50 penalty units. Subsection 35.1 Provisions Sections Subsection 35.2.1 Provisions Sections Subsection 35.3 34.3.1 subsections 34.3.1 Subsection 35.3 a surveyor an inspector Subsection 35.7 provision subsection Section 36 ship vessel Section 36 This is a penal provision. Penalty: 50 penalty units. Section 37 provision 37 section 37 Section 37 ship vessel Section 37 This is a penal provision. Penalty: 50 penalty units. Section 37 Inspections Inspection and Registration Section 37 a surveyor an inspector Section 37 owner, operator owner Section 37 A surveyor An inspector Section 37 the surveyor the inspector Subsection 37.2 37.1 subsection 37.1 Subsection 37.4 37.3 subsection 37.3 Subsection 37.5 37.2 subsection 37.2 Subsection 37.7 37.6 subsection 37.6 Subsection 37.8 37.2 subsection 37.2 Subsection 37.8 ship's vessel's Subsection 37.9 37.2 subsection 37.2 Subsection 37.10 37.9 subsection 37.9 Subsection 37.11 provision subsection Subsection 37.11 ship's vessel's Subsection 37.12 provision subsection Subsection 38.1 Inspections Inspection and Registration Subsection 38.1 ship vessel Subsection 38.1 Part Order Subsection 38.1 operator owner Subsection 38.2 38.1 subsection 38.1 Subsection 38.2 This is a penal provision. Penalty: 50 penalty units. Subsection 39.1 Marine Orders, Part 43, Issue 5 Issue 5 of Marine Order 43 (Cargo and cargo handling —livestock) 2006 Subsection 39.1 this Part this Order Section 39, Table 8 40.2 subsection 40.2 Section 39, Table 8 37.2 subsection 37.2 Section 39, Table 8 41.1 subsection 41.1 Section 39, Table 8 38.1 subsection 38.1 Appendix 1, heading Appendix Schedule Appendix 1 ship vessel Appendix 1, form 1, para 3 5.1 subsection 5A.1 Appendix 1, forms 1, 3, 4 and 5 Marine Orders Part 43 Marine Order 43 (Cargo and cargo handling — livestock) 2006 Appendix 1, form 2 provision 13 section 13 Appendix1, form 2 Ship's Vessel's Appendix 1, form 3 5.1 subsection 5.1 Appendix 1, form 4 10.3 subsection 10.3 Appendix 1, form 4 Surveyor Inspector Appendix 1, forms 4 and 5 Inspections Inspection and Registration Appendix 1, form 5 Provision 19 Section 19 Appendix 2, heading Appendix Schedule Appendix 2 ship vessel Appendix 2 Classification Society Recognised organisation Appendix 2 Marine Orders Part 43 Marine Order 43 (Cargo and cargo handling — livestock) 2006 Appendix 2 Name and address of operator of the ship or, if the operator Name and address of owner of the vessel or, if the owner Appendix 3, heading Appendix Schedule Appendix 3 ships vessels Appendix 3 ship vessel Appendix 3 ship's vessel's Appendix 3 Ship Vessel Appendix 4, heading Appendix Schedule Appendix 4 ship vessel Appendix 4 operator owner Appendix 4 Inspections Inspection and Registration Appendix 4 ships vessels Appendix 4 ship's vessel's Appendix 4, clause 1 Provision Section Appendix 4, clause 1 Appendix Schedule Appendix 4, clause 1 provisions 13 sections 13 Appendix 4, clause 1 provisions 2.2.3 subsections 2.2.3 Appendix 4, clause 1 Marine Orders Part 43 Marine Order 43 (Cargo and cargo handling — livestock) 2006 Appendix 4, clause 2 classification society recognised organisation Appendix 4, clause 2, footnote 53 The For paragraph (b) the Appendix 4, clause 2, footnote 53 SOLAS II-1/43.1.1 paragraph 1.1 of Regulation 43 of Chapter II-1 of SOLAS Appendix 4, clause 2, footnote 53 SOLAS II-1/43.1.4 paragraph 1.4 of Regulation 43 of Chapter II-1 of SOLAS Appendix 4, clause 2, footnote 53 SOLAS II-1/43.2 paragraph 2 of Regulation 43 of Chapter II-1 of SOLAS Appendix 4, subclause 3.1.2 3.1.1 subclause 3.1.1 Appendix 4, subclause 3.2.2 3.2.1 subclause 3.2.1 Appendix 4, subclause 3.2.2 3.1.1 subclause 3.1.1 Appendix 4, subclause 3.2.3 3.2.2 subclause 3.2.2 Appendix 4, subclause 3.2.3 3.2.1 subclause 3.2.1 Appendix 4, subclause 3.6, footnote 58 Part Order Appendix 4, subclause 3.6, footnote 58 3.6 subclause 3.6 Appendix 4, subclause 4.6 4.2 subclause 4.2 Appendix 4, subclause 6.1 Appendix Schedule Appendix 4, subclause 6.1 6.6 subclause 6.6 Appendix 4, subclauses 6.7 and 6.8 6.6 subclause 6.6 Appendix 4, subclause 7.6.1 7.5.1 subclause 7.5.1 Appendix 4, subclause 7.7 Part Order Appendix 4, subclause 7.10 Part Order [45] Further amendments — footnotes footnote move to the foot of rename as 4 subsection 7.2 Note 1 5 subsection 7.2 Note 2 7 subsection 7.3.1 Note 8 subsection 7.5 Note 9 subsection 8.2 Note 15 subsection 10.4.2 Note 16 subsection 10.5.1 Note 18 subsection 10.6.4 Note 19 subsection 11.1B Note 20 subsection 12.2 Note 21 subsection 13.1 Note 22 subsection 13.6 Note 23 subsection 14.3.1 Note 24 subsection 16.1 Note 25 subsection 16.2 Note 26 subsection 17.1 Note 27 section 19 Note 28 subsection 20.2 Note 29 subsection 21.1 Note 30 subsection 22.1 Note 31 subsection 22.4 Note 32 subsection 22.6 Note 33 subsection 23.1, Table 5 Note 1 34 subsection 23.1, Table 5 Note 2 35 subsection 24.1 Note 36 subsection 25.5 Note 37 section 26 Note 38 subsection 27.2.2 Note 39 subsection 28.1 Note 40 subsection 29.3 Note 41 subsection 29.6.2 Note 42 subsection 30.3 Note 43 subsection 34.1 Note 44 subsection 34.2 Note 45 subsection 34.3.1 Note 46 subsection 35.2.2 Note 47 subsection 35.5.3B Note 48 subsection 35.6.5 Note 49 subsection 35.7B Note 50 subsection 37.1 Note 51 subclause 1.3.1 of Appendix 3 Note 52 subclause 1.4 of Appendix 3 Note 53 subclause 2.2 of Appendix 4 Note 54 subclause 3.3 of Appendix 4 Note 55 subclause 3.4 of Appendix 4 Note 56 subclause 3.5 of Appendix 4 Note 57 subclause 3.6 of Appendix 4 Note 1 58 subclause 3.6 of Appendix 4 Note 2 59 subclause 4.3 of Appendix 4 Note 60 subclause 6.5 of Appendix 4 Note 61 subclause 6.6 of Appendix 4 Note 62 subclause 7.1 of Appendix 4 Note 63 subclause 7.5.1 of Appendix 4 Note 1 64 subclause 7.5.1 of Appendix 4 Note 2 65 subclause 7.9 of Appendix 4 Note Schedule 24 Marine Orders Part 44, issue 5 (section 3) [1] Section 1 substitute 1 Purpose This Order gives effect to the Container Convention. 1B Power 1B.1Subsection 339(1) of the Navigation 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 Navigation Act. 1B.2Paragraph 340(1)(f) of the Navigation Act provides for the regulations to give effect to the Container Convention. 1B.3Subsection 342(1) of the Navigation Act provides for the making of orders for matters that can be made by the regulations. [2] Section 2, definition of authorised organisation, note substitute Note A recognised organisation may be an authorised organisation. [3] Section 2, definitions of dangerous goods, surveyor and the Container Convention omit [4] Section 2, note at the foot substitute Note 1 Some terms used in this Order are defined in Marine Order 1(Administration) 2011, including: • Navigation Act • Manager, Ship Inspection and Registration • General Manager, Ship Safety Division. Note 2 Other terms used in this Order are defined in the Navigation Act, including: • AMSA • Container Convention • dangerous goods • inspector • seafarer. [5] Subsection 6.2 omit [6] After subsection 9.2.1 insert 9.2.1AAn offence against subsection 9.2.1 is a strict liability offence. 9.2.1BA person is liable to a civil penalty if the person contravenes subsection 9.2.1. Civil penalty: 50 penalty units. [7] After subsection 9.2.3 insert 9.2.3AAn offence against subsection 9.2.3 is a strict liability offence. 9.2.3BA person is liable to a civil penalty if the person contravenes subsection 9.2.3. Civil penalty: 50 penalty units. [8] After subsection 9.3.1 insert 9.3.1AAn offence against subsection 9.3.1 is a strict liability offence. 9.3.1BA person is liable to a civil penalty if the person contravenes subsection 9.3.1. Civil penalty: 50 penalty units. [9] After subsection 9.3.2 insert 9.3.2AAn offence against subsection 9.3.2 is a strict liability offence. 9.3.2BA person is liable to a civil penalty if the person contravenes subsection 9.3.2. Civil penalty: 50 penalty units. [10] After subsection 9.3.4 insert 9.3.4AAn offence against subsection 9.3.4 is a strict liability offence. 9.3.4BA person is liable to a civil penalty if the person contravenes subsection 9.3.4. Civil penalty: 50 penalty units. [11] After subsection 9.3.5 insert 9.3.5AAn offence against subsection 9.3.5 is a strict liability offence. 9.3.5BA person is liable to a civil penalty if the person contravenes subsection 9.3.5. Civil penalty: 50 penalty units. [12] After subsection 10.2.1 insert 10.2.1A An offence against subsection 10.2.1 is a strict liability offence. 10.2.1B A person is liable to a civil penalty if the person contravenes subsection 10.2.1. Civil penalty: 50 penalty units. [13] After subsection 10.3.2 insert 10.3.3An offence against subsection 10.3.2 is a strict liability offence. 10.3.4A person is liable to a civil penalty if the person contravenes subsection 10.3.2. Civil penalty: 50 penalty units. [14] After subsection 10.4 insert 10.4AAn offence against subsection 10.4 is a strict liability offence. 10.4BA person is liable to a civil penalty if the person contravenes subsection 10.4. Civil penalty: 50 penalty units. [15] After subsection 10.5 insert 10.5AAn offence against subsection 10.5 is a strict liability offence. 10.5BA person is liable to a civil penalty if the person contravenes subsection 10.5. Civil penalty: 50 penalty units. [16] After subsection 10.6 insert 10.6AAn offence against subsection 10.6 is a strict liability offence. 10.6BA person is liable to a civil penalty if the person contravenes subsection 10.6. Civil penalty: 50 penalty units. [17] Other amendments provision omit each mention of insert Section 1A 44, issue 5 44 (Safe containers) 2006 Section 2, definition of cargo cargo container cargo Section 2, definitions of international sea transport, inter-State sea transport, and loaded on to a ship ship vessel Section 2, definition of maximum operating gross mass cargo container cargo Section 2, definition of unloaded from a ship ship vessel Subsection 3.1 surveyor inspector Subsection 4.4 ship vessel Section 6 (Administration) (Administration) 2011 Subsection 6.1 Maritime Operations Ship Safety Subsection 9.2.1 This is a penal provision. Penalty:50 penalty units. Subsection 9.2.2 9.2.1 subsection 9.2.1 Subsections 9.2.3 and 9.3.1 This is a penal provision. Penalty:50 penalty units. Subsections 9.3.1 and 9.3.2 9.3.3 subsection 9.3.3 Subsection 9.3.2 This is a penal provision. Penalty:50 penalty units. Subsection 9.3.3 authorised recognised Subsection 9.3.4 9.3.2 subsection 9.3.2 Subsection 9.3.4 9.2.2 subsection 9.2.2 Subsections 9.3.4 and 9.3.5 This is a penal provision. Penalty:50 penalty units. Subsection 9.3.6 9.3.3 subsection 9.3.3 Subsection 10.1.2 10 this section Subsection 10.2.1 10.3 subsection 10.3 Subsections 10.2.1 and 10.2.2 ship vessel Subsection 10.2.1 This is a penal provision. Penalty:50 penalty units. Subsection 10.2.2 a surveyor an inspector Subsection 10.2.2 the surveyor the inspector Subsections 10.2.2 and 10.2.3 10.2.1(e) paragraph 10.2.1(e) Subsection 10.2.3 10.2.2 subsection 10.2.2 Subsection 10.3, heading Surveyor Inspector Subsection 10.3.1 a surveyor an inspector Subsection 10.3.1 10.2.1 subsection 10.2.1 Subsection 10.3.1 ship vessel Subsection 10.3.1 the surveyor the inspector Subsection 10.3.2 a surveyor an inspector Subsection 10.3.2 10.3.1 subsection 10.3.1 Subsections 10.3.2, 10.4 and 10.5 This is a penal provision. Penalty:50 penalty units. Paragraph 10.5(c) 8.6.1 subsection 8.6.1 Subsection 10.6 This is a penal provision. Penalty:50 penalty units. Subsection 10.8 ship vessel Schedule 1, subclause 2.2 9.3.6 subsection 9.3.6 Schedule 2, clauses 5 and 7 6 clause 6 Schedule 2, clause 6 ship vessel Schedule 2, clause 7 5 clause 5 Schedule 25 Marine Orders Part 47, issue 3 (section 3) [1] Paragraphs 4 (a), (b) and (c) substitute (a) makes provision about MODUs as a particular kind of vessel; and (b) for paragraphs 339(2)(a) and (b) of the Navigation Act — specifies requirements with which the design, construction, machinery and equipment of a MODU must comply; and (c) for paragraph 340(1)(a) of the Navigation Act — generally provides for the safe navigation and operation of MODUs as required under regulation 34 of Chapters V and IX of SOLAS. [2] Subsections 5.1 and 5.2 substitute 5.1Subsection 339(2) of the Navigation Act provides that the regulations may make provision in relation to: (a) design and construction of vessels; and (b) machinery and equipment to be carried on vessels; and (c) survey of vessels. 5.2Subsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations. [3] Section 6, definitions of 2009 MODU Code substitute 2009 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 adopted by IMO Resolution A.1023 (26) and its corrigendum (Corr.1), as in force from time to time. Note A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au. [4] Section 6, definition of operator omit [5] Section 6, after definition of person in charge insert registered, for a MODU, means registered under the Shipping Registration Act 1981. [6] Section 6, definitions of STCW Code, STCW Convention and surveyor substitute surveyor means a person authorised by a recognised organisation to survey a MODU. [7] Section 6, before the note insert Note 1 Some terms used in this Order are defined in the Navigation Act, including: * AMSA * recognised organisation. [8] Section 6, note omit * AMSA [9] Section 6, note omit * penal provision [10] Section 6, note re-number as note 2. [11] Paragraphs 9(a) and (b), including note substitute (a) a MODU that is registered or required to be registered in Australia; and (b) a MODU that is a foreign vessel used or intended for use in any operations or activities associated with or incidental to exploring the natural resources of all or any of the following: (i) the continental shelf of Australia; (ii) the coastal sea of Australia. Note 1 Coastal sea includes the seabed and subsoil — see definition of coastal sea in s 14 of the Navigation Act. Note 2 A MODU built before 1 July 1986 that is unable to comply with a provision of this Order may be exempted from compliance with requirements of this Order under section 10. [12] After section 13 insert 13.2An offence against subsection 13.1 is a strict liability offence. 13.3A person is liable to a civil penalty if the person contravenes subsection 13.1. Civil penalty: 50 penalty units. [13] After section 14 insert 14.2An offence against subsection 14.1 is a strict liability offence. 14.3A person is liable to a civil penalty if the person contravenes subsection 14.1. Civil penalty: 50 penalty units. [14] After section 15.4 insert 15.5An offence against subsection 15.1, 15.2, 15.3 or 15.4 is a strict liability offence. 15.6A person is liable to a civil penalty if the person contravenes subsection 15.1, 15.2, 15.3 or 15.4. Civil penalty: 50 penalty units. [15] After subsection 16.1 insert 16.1AAn offence against subsection 16.1 is a strict liability offence. 16.1BA person is liable to a civil penalty if the person contravenes subsection 16.1. Civil penalty: 50 penalty units. [16] After section 17.1 insert 17.1AAn offence against subsection 17.1 is a strict liability offence. 17.1BA person is liable to a civil penalty if the person contravenes subsection 17.1. Civil penalty: 50 penalty units. [17] After section 18.6 insert 18.7An offence against subsections 18.1 to 18.6 is a strict liability offence. 18.8A person is liable to a civil penalty if the person contravenes subsections 18.1 to 18.6. Civil penalty: 50 penalty units. [18] After section 19 insert 19.2An offence against subsection 19.1 is a strict liability offence. 19.3A person is liable to a civil penalty if the person contravenes subsection 19.1. Civil penalty: 50 penalty units. [19] After section 20.6 insert 20.7An offence against subsection 20.3, 20.5 or 20.6 is a strict liability offence. 20.8A person is liable to a civil penalty if the person contravenes subsection 20.3, 20.5 or 20.6. Civil penalty: 50 penalty units. [20] After section 21.5 insert 21.6An offence against subsections 21.1 to 21.4 is a strict liability offence. 21.7A person is liable to a civil penalty if the person contravenes subsections 21.1 to 21.4. Civil penalty: 50 penalty units. [21] After section 22 insert 22.2An offence against subsection 22.1 is a strict liability offence. 22.3A person is liable to a civil penalty if the person contravenes subsection 22.1. Civil penalty: 50 penalty units. [22] After section 25 insert 25.2An offence against subsection 25.1 is a strict liability offence. 25.3A person is liable to a civil penalty if the person contravenes subsection 25.1. Civil penalty: 50 penalty units. [23] After section 26 insert 26.2An offence against subsection 26.1 is a strict liability offence. 26.3A person is liable to a civil penalty if the person contravenes subsection 26.1. Civil penalty: 50 penalty units. [24] After subsection 27.1 insert 27.1AAn offence against subsection 27.1 is a strict liability offence. 27.1BA person is liable to a civil penalty if the person contravenes subsection 27.1. Civil penalty: 50 penalty units. [25] After subsection 27.2 insert 27.2AAn offence against subsection 27.2 is a strict liability offence. 27.2BA person is liable to a civil penalty if the person contravenes subsection 27.2. Civil penalty: 50 penalty units. [26] Subsection 27.3 substitute 27.3If, other than in the production operations of the MODU, the safety of a MODU or a person on board a MODU is endangered by the occurrence of a marine incident or a defect, the master must report the marine incident or defect as follows: (a) within 4 hours after the incident or defect happens — using the approved form for initial reporting of an incident; and (b) within 72 hours after the incident or defect happens — using the approved form for detailed reporting of the incident. Penalty: 50 penalty units. 27.3AAn offence against subsection 27.3 is a strict liability offence. 27.3BA person is liable to a civil penalty if the person contravenes subsection 27.3. Civil penalty: 50 penalty units. Note 1 Approved form and marine incident are defined in subsection 14(1) of the Navigation Act. Note 2 For other requirements to report a marine incident — see section 186 of the Navigation Act. It is an offence not to report a marine incident in accordance with that section. [27] Subsection 27.4 substitute 27.4The person in charge of a MODU for which a valid MODU certificate is held must inform AMSA, and each issuing body that has issued a safety certificate that is in force for the MODU, in accordance with subsection 27.4A if: (a) the MODU becomes less efficient or seaworthy than it was when the certificate was issued; and (b) the lesser efficiency or seaworthiness is the result of any alteration or damage to: (i) the MODU; or (ii) any fitting, material, appliance or apparatus of the MODU. 27.5For subsection 27.4, AMSA and each issuing body must be informed in the same way and within the same period that AMSA and an issuing body must be informed of an alteration mentioned in section 105 of the Navigation Act. Note For the reporting form — see section 6 of Marine Order 31 (Ship surveys and certification) 2006. 27.6For paragraph 105(1)(c) of the Navigation Act (which is about informing AMSA and an issuing body of alterations that affect a vessel's safety certificates), the prescribed period is 7 days after the alteration is made. [28] Paragraphs 29(a) and (b) substitute (a) an application has been made under section 99 of the Navigation Act for a safety certificate for a MODU; and (b) a current survey states that the MODU complies with: (i) the code mentioned in the table for the certificate; and (ii) Schedule 2; and (c) the MODU satisfies any other requirements for a MODU certificate to be issued, reissued or endorsed; and (d) any other certificates required for the MODU are valid. [29] After subsection 33 (2) insert 33.3 An offence against subsection 33.1 or 33.2 is a strict liability offence. 33.4 A person is liable to a civil penalty if the person contravenes subsection 33.1 or 33.2. Civil penalty: 50 penalty units. [30] Division 4, heading substitute Division 4 MODUs that are foreign vessels [31] Section 34, heading substitute 34 Control of MODUs that are foreign vessels [32] Schedule 1, clause 1, definition of special personnel omit [33] Schedule 2, before subclause 14.1 insert Definition of special MODU personnel 14.1A In this clause: special MODU personnel means a person who: (a) is not the master, the person in charge or a seafarer; and (b) is on board a MODU in connection with the purpose of the MODU or a related purpose; and (c) has been given safety instruction at least to the level mentioned in subclause 14.11. [34] Further amendments provision omit each mention of insert Section 1 47, issue 3. 47 (Mobile offshore drilling units) 2012. Subsection 5.5 425(1) 339(1) Subsection 5.6 425A(1AA) 342(1) Section 6, definition of person in charge operator owner Section 6, definition of safety management system operator owner Section 6, definition of safety management system operator's owner's Section 6, note (Administration) (Administration) 2011 Section 6, note * survey authority. * recognised organisation. Paragraph 7.1(b) operator owner Subsection 10.1 (Administration) (Administration) 2011 Paragraph 10.3(b) survey authority recognised organisation Subsection 11.1 (Administration) (Administration) 2011 Paragraph 11.3(b) survey authority recognised organisation Subsection 11.4, note (Administration) (Administration) 2011 Subsection 12.1, note registered registered or required to be registered Section 13 The operator 13.1 The owner Sections 13 and 14 This is a penal provision Penalty: 50 penalty units Section 14 The person 14.1 The person Section 15 operator owner Subsections 15.1, 15.2, 15.3, 15.4, 16.1, 17.1, 18.1, 18.2, 18.3, 18.4, 18.5 and 18.6 This is a penal provision Penalty: 50 penalty units Subsections 16.1,17.1 and 18.1 operator owner Paragraph 18.1(a) registered registered or required to be registered Section 19 The operator 19.1 The owner Section 19 This is a penal provision Penalty: 50 penalty units Section 19, note registered registered or required to be registered Section 20 operator owner Subsection 20.3 a surveyor an inspector or a surveyor Subsections 20.3, 20.5, 20.6, 21.1, 21.2, 21.3 and 21.4 This is a penal provision Penalty: 50 penalty units Paragraphs 20.5(c) and 20.6(c) operator's owner's Subparagraph 21.3(b)(i) survey authority recognised organisation Subparagraph 21.3(b)(v) survey authority recognised organisation Subsection 21.5, note equipment). equipment) 2011. Section 22 The person 22.1 The person Section 22 This is a penal provision Penalty: 50 penalty units Section 22, note registered registered or required to be registered Division 3, heading registered registered or required to be registered Section 23, heading registered registered or required to be registered Section 23 registered registered or required to be registered Section 24 operator owner Section 25, heading operator's owner's Section 25 The operator 25.1 The owner Sections 25 and 26 This is a penal provision Penalty: 50 penalty units Section 26 The person 26.1 The person Subsection 27.1 operator owner Subsections 27.1 and 27.2 a surveyor an inspector or a surveyor Subsections 27.1 and 27.2 the surveyor the inspector or surveyor Subsections 27.1 and 27.2 This is a penal provision Penalty: 50 penalty units Section 28 operator owner Subdivision 3.3, note at foot of heading certification). certification) 2006. Section 29 survey authority recognised organisation Section 30, heading Cancellation Revocation Subsection 30.1 survey authority recognised organisation Subsection 30.1 cancel revoke Subparagraphs 31.1(b)(ii) and (iv) survey authority recognised organisation Subsection 31.2 certification). certification) 2006. Section 32 surveyor inspector or surveyor Section 33 This is a penal provision Penalty: 50 penalty units Subsection 33 (1) (1) 33.1 Subsection 33 (1) operator owner Subsection 33 (2) (2) 33.2 Sections 35 and 36 Marine Orders, Part 47 this Order Schedule 1, clauses 3.2 and 3.5 operator owner Schedule 1, subparagraph 3.2(c)(i) Marine Orders Part 3 (Seagoing qualifications); or Marine Order 3 (Seagoing qualifications) 2004; or Schedule 1, clause 3.5 as part of its crew at least 1 person at least 1 seafarer Schedule 2, heading registered registered or required to be registered Schedule 2, paragraph 3.4(a) survey authority recognised organisation Schedule 2, clause 10 Orders Part 10 (Medical first aid on ships) Order 11 (Living and working conditions on vessels) 2013 Schedule 2, clause 11, note Orders Part 16 (Load Lines). Order 16 (Load lines) 2004. Schedule 2, subclause 13.1, note 1 Orders Part 12 (Construction —subdivision and stability, machinery and electrical installations). Order 12 (Construction —subdivision and stability, machinery and electrical installations) 2009. Schedule 2, subclause 13.7 operator's owner's Schedule 2, subclause 14.2 member of the crew seafarer Schedule 2, subclauses 14.2 and 14.8 special special MODU Schedule 2, subclause 14.4 operating crew seafarers Schedule 2, paragraph 14.11(d) ship vessel Schedule 26 Marine Orders Part 49, issue 5 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 49 (High-speed craft) 2009. 1A Purpose This Order gives effect to Chapter X of SOLAS, which deals with high-speed craft. 1B Power 1B.1Subsection 98(3) of the Navigation Act provides that the regulations for vessels included in a particular class may provide for safety certificates relating to the following matters: (a) survey; (b) construction; (c) machinery and equipment; (d) other matters relating to the safety of vessels. 1B.2Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates. 1B.3Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 1B.4Paragraph 339(2)(a) of the Navigation Act provides that the regulations may provide for the design and construction of vessels. 1B.5Paragraph 339(2)(b) of the Navigation Act provides that the regulations may provide for the machinery and equipment to be carried on board vessels. 1B.6Paragraph 339(2)(i) of the Navigation Act provides that regulations may provide for the maintenance, testing, survey and certification of vessels. 1B.7Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS. 1B.8Subsection 342(1) of the Navigation Act provides that AMSA may make an order for any matter for which regulations may provide. [2] Section 2, heading substitute 2 Definitions In this Order: [3] Section 2, definitions of 1994 HSC Code and 2000 HSC Code substitute 1994 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.36 (63), as in force from time to time. 2000 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.97 (73), as in force from time to time. [4] Section 2, definition of AMSA omit [5] Section 2, definition of DSC Code substitute DSC Code means the Code of Safety for Dynamically Supported Craft adopted by IMO Resolution A.373 (X), as in force from time to time. [6] Section 2, definitions of General Manager, IMO, Manager, Ship Inspections, Navigation Act, penal provision and SOLAS omit [7] Section 2, note at the foot substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * IMO * Manager, Ship Inspection and Registration * Navigation Act * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * issuing body * vessel. Note 3 Information on obtaining copies of IMO Resolutions or other documents mentioned in this Order is available on AMSA's website at http://www.amsa.gov.au or by email to international.relations@amsa.gov.au. Note 4 A copy of each IMO resolution that adopts or amends a Code mentioned in this Order is available on AMSA's website at http://www.amsa.gov.au. [8] Subsection 3.2 omit [9] Sections 5 to 7 substitute 5 Exemptions 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:  making an application  seeking further information about an application  the time allowed for consideration of an application  imposing conditions on approval of an application  notification of a decision on an application  review of decisions. 5A Equivalents 5A.1A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use — see subsection 5A.4. 5A.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS. 5A.4 In this section: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of SOLAS, requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of: (i) this Order, or (ii) SOLAS. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 6 Issuing certificates 6.1A vessel must be surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006. 6.2The criterion for the issue of an HSC Safety Certificate incorporating a permit to operate is that the vessel complies with: (a) for a vessel mentioned in paragraph 4(a) — the 2000 HSC Code; or (b) for a vessel mentioned in paragraph 4(b) or (d) — the 1994 HSC Code. 6.3The criterion for the issue of a DSC Construction and Equipment Certificate incorporating a permit to operate is that the vessel complies with the DSC Code. Note Marine Order 31 (Ship surveys and certification) 2006 sets out information for applying for safety certificates. 6.4An HSC Safety Certificate is a safety certificate for subsection 99(1) of the Navigation Act. 6.5A DSC Construction and Equipment Certificate is a safety certificate for subsection 99(1) of the Navigation Act. 6.6An HSC Safety Certificate must specify a period of up to 5 years for which the certificate remains in force. 6.7A DSC Construction and Equipment Certificate must specify a period of up to 1 year for which the certificate remains in force. 7 Variation of certificates 7.1The criteria for variation of an HSC Safety Certificate by extending the term of the certificate are that: (a) the certificate was issued for a term of less than 5 years and a further survey is carried out for the vessel; or (b) a renewal survey has been completed for the vessel but a new HSC Safety Certificate cannot be issued or placed on board the craft before the expiry date of the existing HSC Safety Certificate; or (c) when the certificate expires, the vessel is not in the place where it is to be surveyed, and it is reasonable in the circumstances to extend the period of the certificate to allow the vessel to proceed to the place where it is to be surveyed. 7.2If a certificate is extended in accordance with paragraph 7.1(a) the term of extension must not exceed 5 years from the date of issue of the certificate. 7.3If a certificate is extended in accordance with paragraph 7.1(b) the term of extension must not exceed 5 months from the expiry date of the certificate. 7.4If a certificate is extended in accordance with paragraph 7.1(c): (a) the term of extension must not exceed 1 month from the expiry date of the certificate; and (b) if the vessel has arrived at the place where it is to be surveyed, it must remain at that place until a new HSC Safety Certificate is issued; and (c) a new certificate issued after the vessel is surveyed comes into effect when the original certificate expires. 7.5 The criteria for variation of a DSC Safety Certificate by extending the term of the certificate are that the survey and certification requirements mentioned in the DSC code are met. 7.6 The term of extension mentioned in subsection 7.5 must not exceed 1 year. 7A Revocation of certificates 7A.1The criteria for revocation of an HSC certificate are that: (a) the required surveys are not completed within the period mentioned in the relevant HSC Code; or (b) the periodical surveys are not endorsed on the HSC Safety Certificate as required by the relevant HSC Code; or (c) the vessel changes its country of registration. 7A.2The criteria for revocation of a DSC certificate are that: (a) the required surveys are not completed within the period mentioned in the DSC Code; or (b) the vessel changes its country of registration. 7B Operation of vessel in accordance with code and certificate 7B.1The master of a vessel must ensure that: (a) the vessel is operated in accordance with the requirements of the 1994 HSC Code, the 2000 HSC Code or the DSC Code that apply to the vessel; and (b) any conditions of the permit to operate incorporated in the HSC Safety Certificate or the DSC Construction and Equipment Certificate issued for the vessel are complied with. Penalty: 50 penalty units. 7B.2An offence against subsection 7B.1 is a strict liability offence. 7B.3A person is liable to a civil penalty if the person contravenes subsection 7B.1. Civil penalty: 50 penalty units. [10] Further amendments provision omit each mention of insert Subsection 3.1 Inspections Inspection and Registration Section 4 Part Order Section 4 international overseas Paragraphs 4(a), (b) and (c) ship vessel Paragraph 4(c) (d) paragraph (d) Paragraph 4(d) ship registered in Australia and regulated Australian vessel [11] Further amendments — definitions Each definition in section 2 is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. Schedule 27 Marine Orders Part 50, issue 6 (section 3) [1] Section 5 substitute 5 Power 5.1Section 18 of the Navigation Act provides that a vessel is a special purpose vessel if it: (a) is used or for use for a purpose specified in the regulations; and (b) is specified by the regulations to be a special purpose vessel for section 18. 5.2Subsection 339(1) of the Navigation 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. 5.3Paragraph 339(2)(j) of the Navigation Act provides that regulations may make provision for or in relation to special purpose vessels. 5.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision must or may be made by regulations. [2] Section 6, definitions of crew, existing ship, special personnel and special purpose ship safety certificate substitute existing vessel means a vessel constructed before 1 May 1987 other than a vessel that, after 30 April 1987, is modified resulting in any of the following: (a) a change to the length, breadth or least moulded depth of the vessel; (b) a change in the use or intended use of the vessel; (c) a change in the vessel's gross tonnage by more than 10%. [3] Section 6, definition of SPS Code substitute SPS Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution MSC.266 (84), as in force from time to time. [4] Section 6, notes 1, 2 and 3 substitute Note 1 A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au. Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * cargo vessel * IMO * Manager, Ship Inspection and Registration * Navigation Act * SOLAS. Note 3 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * Marine Order * recognised organisation * regulated Australian vessel * special personnel * vessel. [5] Section 8 substitute 8 Application This Order applies to a special purpose vessel that is: (a) a regulated Australian vessel; or (b) a foreign vessel on a voyage starting or ending at a port in Australia or an Australian Territory. [6] Sections 9 and 10 substitute 9 Exemptions 9.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 9.2The decision maker for the application is the Manager, Ship Inspection and Registration. 9.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene SOLAS or the SPS Code. 9.4The master of the vessel must ensure that a copy of the exemption is kept on the vessel for the duration of each voyage to which the exemption applies. Penalty: 50 penalty units. 9.5An offence against subsection 9.4 is a strict liability offence. 9.6A person is liable to a civil penalty if the person contravenes subsection 9.5. Civil penalty: 50 penalty units. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 10 Equivalents 10.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use, see subsection 10.4. 10.2The decision maker for the application is the Manager, Ship Inspection and Registration. 10.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS or the SPS Code. 10.4In this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. [7] Sections 12 and 13 substitute 12 Meaning of special purpose vessel 12.1For paragraph 18(a) of the Navigation Act, it is a specified purpose that the vessel carries on board, in connection with the purpose of the vessel or work carried out on board the vessel, a person who is not any of the following: (a) a passenger; (b) a licensed pilot; (c) a seafarer who is not special personnel; (d) a child less than 1 year. Note Uses for a special purpose vessel include drilling, laying cables, creating artificial islands, installing wind turbines and scientific exploration. 12.2For paragraph 18(b) of the Navigation Act, a vessel is a special purpose vessel if it is self-propelled and, for its function, carries on board: (a) at least 13 special personnel; or (b) at least 13 special personnel or passengers of whom: (i) at least 1 is special personnel; and (ii) no more than 12 are passengers. [8] Division 5 substitute Division 5 Certificates 14 Certificates required for special purpose vessels 14.1A special purpose vessel must have the following certificates: (a) a special purpose ship safety certificate; (b) each certificate required by a marine order because it is a cargo vessel. 14.2For subsection 99(1) of the Navigation Act, a special purpose safety certificate is a safety certificate 15 Survey for special purpose vessels A special purpose vessel must be surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006 as if it were a cargo vessel. 16 Issue of special purpose ship safety certificates 16.1An issuing body may issue a special purpose ship safety certificate if: (a) an application is made under section 99 of the Navigation Act for a special purpose vessel; and (b) the special purpose vessel is surveyed and the issuing body is satisfied that: (i) the special purpose vessel complies with the SPS Code; or (ii) AMSA has decided, under section 11, that the special purpose vessel is taken to comply with the SPS Code. 16.2The special purpose ship safety certificate is a safety certificate for subsection 99(1) of the Navigation Act. 16.3The certificate must: (a) be in the approved form; and (b) specify a period of up to 5 years for which the certificate remains in force. 16.4However, a vessel constructed before 1 January 2010 may use a special purpose ship safety certificate issued under Marine Orders Part 50, issue 4. 17 Issue of certificates of survey for cargo vessels 17.1An issuing body may issue a certificate of survey for a cargo vessel relevant to its size and operation if: (a) an application is made under section 99 of the Navigation Act for a safety certificate for a special purpose vessel; and (b) the vessel is surveyed and the issuing body is satisfied that it complies with all the survey requirements mentioned in sections 8, 9, 10 and 13 of Marine Order 31 (Vessel surveys and certification) 2006. 17.2The certificate of survey is a safety certificate for subsection 99(1) of the Navigation Act. 17.3The certificate of survey must specify a period of up to 5 years for which the certificate remains in force. Note 1 For the use of an approved form — See Marine Order 1 (Administration) 2011. Note 2 Approved forms are available on AMSA's website http://www.amsa.gov.au. Note 3 A fee may be determined for processing an application under this section — see the Australian Maritime Safety Authority Act 1990, s 47. [9] After subsection 18.1 omit This is a penal provision. insert Penalty: 50 penalty units. 18.1A An offence against subsection 18.1 is a strict liability offence. 18.1B An person is liable to a civil penalty if the person contravenes subsection 18.1. Civil penalty: 50 penalty units. [10] Schedule 1 omit [11] Further amendments provision omit each mention of insert Section 1 50, issue 6 50 (Special purpose vessels) 2012 Subsection 4.1 ships vessels Section 6, definition of SPS Code by MSC.299(87) from time to time Subsection 7.2 ship vessel Section 11 ship vessel Section 11 ship's vessel's Subsections 18.1 and 18.2 ship vessel Subparagraph 18.1(b)(ii) ship's vessel's Schedule 28 Marine Orders Part 51, issue 1 (section 3) [1] Section 1, heading omit [2] Subsection 1.1 substitute 1 Name of Order This Order is Marine Order 51 (Fishing vessels) 1989. 1A Purpose This Order sets out: (a) standards of competence to be attained and other conditions to be satisfied by a person to be a qualified skipper, officer in charge of a navigational watch, engineer or deck hand for a fishing vessel; and (b) stability requirements for fishing vessels. 1B Power 1B.1 Subsection 29(1) of the Navigation Act provides that the regulations may prescribe different classes of seafarer certificates and may require that an individual hold a seafarer certificate of a particular kind to undertake particular duties, or perform particular functions, as a seafarer. 1B.2 Subsection 29(2) of the Navigation Act provides that the regulations may prescribe criteria for certain specified matters for seafarer certificates, including proficiencies, competencies and standards, qualifications, experience and health. 1B.3 Subsection 29(3) of the Navigation Act provides that the regulations may provide for a number of matters, including the instruction, training and examination of seafarers, the gaining of sea service and other experience and the conduct of examinations. 1B.4 Section 35 of the Navigation Act provides that a person must not perform duties or functions in relation to a regulated Australian vessel if the regulations require the person to hold a particular seafarer certificate to perform them, and the person does not hold such a certificate. 1B.5 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 1B.6 Paragraph 339(2)(e) of the Navigation Act provides for regulations to be made about the stability of vessels. 1B.7 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by the regulations. [3] Subsection 1.2 omit Part, unless the contrary intention appears, the following definitions apply: insert Order: [4] Subsection 1.2, definitions of Chief Marine Surveyor, Manager, length and IMO omit [5] After definition of valid insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011 including: * fishing operations * fishing vessel * length * IMO * Manager, Ship Inspection and Registration * USL Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * overseas voyage * regulated Australian vessel. [6] Sections 3, 4 and 5 substitute 3 Exemptions 3.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 3.2The decision maker for the application is the Manager, Ship Inspection and Registration. 3.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that compliance with the requirement would be impracticable, unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 4 Equivalents 4.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use, see subsection 4.4. 4.2The decision maker for the application is the Manager, Ship Inspection and Registration. 4.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative. 4.4For this provision: equivalent means: (a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or (b) an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 5 Stability and subdivision For compliance with subsection 7.2 of Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009, a fishing vessel must comply with subsection D of section 5 of the USL Code, to the extent that it relates to Class 3 ships. [7] Section 6, note omit [8] Further amendments provision omit each mention of insert Subsection 1.2, heading 1.2 1C Subsection 1.2, definition of approved Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 1.2, definition of valid certificate of qualification, means a certificate that is current, is not cancelled or under suspension seafarer certificate, means a certificate that is current, not revoked or not varied by suspension Section 2 Part Order Section 6, heading crew seafarers Subsection 6.1 4.1 of Marine Orders, Part 3 (Seagoing Qualifications) subsection 4.1 of Marine Order 3 (Seagoing qualifications) 2004 Subsection 6.1 section 16 of the Navigation Act to form part of the crew of section 35 or 36 of the Navigation Act to perform duties and functions in relation to Subsection 6.1 Manager Manager, Ship Operations and Qualifications Subsection 6.1 Appendix Schedule Subsection 6.1 Part Order Subsection 6.2 3.1 of Marine Orders, Part 9 (Health — Medical Fitness) subsection 3.1 of Marine Order 9 (Health — medical fitness) 2010 Subsection 6.2 form part of the crew of perform duties and functions in relation to Appendix 1, heading, first sentence and addendum Appendix Schedule Appendix 1 6.1(a) of this Part paragraph 6.1(a) of this Order Appendix 2 Appendix Schedule Appendix 2 provision 6.1(b) paragraph 6.1(b) of this Order Appendix 3, heading, first sentence and addendum Appendix Schedule Appendix 3 provision 6.1(c) paragraph 6.1(b) of this Order Schedule 29 Marine Orders Part 52, issue 2 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 52 (Sailing vessels) 1999. [2] Section 1, definitions of AMSA, Chief Marine Surveyor, Manager, SOLAS and the USL code omit [3] Subsection 1.2 substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Manager, Ship Inspection and Registration * Manager, Ship Operations and Qualifications * Navigation Act * passenger vessel * SOLAS * USL Code. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * master * owner * recognised organisation * regulated Australian vessel. [4] Sections 2 to 5 substitute 2 Purpose This Order: (a) specifies requirements with which the construction, hull, equipment and machinery of sailing vessels must comply; and (b) provides for the survey, inspection and issue of certificates for sailing vessels; and (c) provides for the safety of sail trainees. 3 Power 3.1Subsection 98(2) of the Navigation Act provides that the regulations may give effect to the Safety Convention and the Load Lines Convention. 3.2Subsection 98(3) of the Navigation Act provides that the regulations for vessels included in a particular class may provide for safety certificates relating to the following matters: (a) survey; (b) construction; (c) machinery and equipment; (d) other matters relating to the safety of vessels. 3.3Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates. 3.4Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 3.5Paragraph 339(2)(a) of the Navigation Act provides that the regulations may provide for the design and construction of vessels. 3.6Paragraph 339(2)(b) of the Navigation Act provides that the regulations may provide for the machinery and equipment to be carried on board vessels. 3.7Paragraph 339(2)(e) of the Navigation Act provides that the regulations may provide for the stability of vessels. 3.8Paragraph 339(2)(i) of the Navigation Act provides that regulations may provide for the maintenance, testing, survey and certification of vessels. 3.9Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS. 3.10Paragraph 340(1)(d) of the Navigation Act provides that the regulations may give effect to the Load Lines Convention. 3.11Subsection 342(1) of the Navigation Act provides that AMSA may make an order for any matter for which regulations may provide. 4 Application This Order applies to a sailing vessel that is a regulated Australian vessel. 5 Exemptions 5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011 for an exemption of a vessel from a requirement of this Order. 5.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that: (a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and (b) giving the exemption would not contravene SOLAS, this Order or the USL Code. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 5A Equivalents 5A.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011 for approval to use an equivalent. Note For definitions of equivalent and use — see subsection 5A.4. 5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration. 5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS, this Order or the USL Code. 5A.4 In this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 5B Review of decisions A decision under subsection 10.1 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note For review of decisions by the Administrative Appeals Tribunal — see section 313 of the Navigation Act. [5] Subsection 6.1 substitute 6.1For sections 103 and 104 of the Navigation Act, a sailing vessel must have a certificate of survey appropriate to the voyage. Note 1 It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel. Note 2 In addition to a certificate of survey appropriate to the voyage, a sailing vessel may require certificates provided for in other Marine Orders. For example, Marine Order 31 (Ship surveys and certification) 2006, sets out requirements for sailing vessels with a gross tonnage of over 50 tons. [6] Subsection 6.2, heading and note omit [7] After subsection 6.2 insert 6.2AFor subsection 99(1) of the Navigation Act, a certificate of survey appropriate to the voyage is a safety certificate. 6.2BFor paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a certificate of survey appropriate to the voyage are that: (a) the vessel has been surveyed in accordance with Regulations 8 and 9 of Chapter I of SOLAS; and (b) the vessel complies with subsections 6.3 and 6.4 and sections 7 to 9. 6.2CFor subsection 101(1) of the Navigation Act, the criteria for variation of a certificate of survey appropriate to the voyage are that: (a) a written application is made to the issuing body, stating the nature of the variation; and (b) the vessel has a valid certificate of survey appropriate to the voyage; and (c) the vessel complies with the survey requirements of Regulations 8 and 9 of Chapter I of SOLAS; and (d) the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and (e) the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration. 6.2DFor section 102 of the Navigation Act, the criteria for revocation of a certificate of survey appropriate to the voyage are that: (a) the required surveys are not completed within the time periods mentioned in Regulations 8 and 9 of Chapter I of SOLAS; or (b) the certificate is not endorsed in accordance with Marine Order 31 (Ship surveys and certification) 2006; or (c) the vessel ceases to be registered in Australia. [8] After subsection 10.2 insert Penalty: 50 penalty units. 10.3An offence against subsection 10.2 is a strict liability offence. 10.4A person is liable to a civil penalty if the person contravenes subsection 10.2. Civil penalty: 50 penalty units. [9] After section 11 insert Penalty: 50 penalty units. 11.2An offence against subsection 11.1 is a strict liability offence. 11.3A person is liable to a civil penalty if the person contravenes subsection 11.1. Civil penalty: 50 penalty units. [10] Further amendments provision omit each mention of insert Section 1 1.1 In this Part, the following definitions apply In this Order Section 1, definition of sail trainee ship vessel Section 1, definition of sail trainee ship's vessel's Section 1, definition of sail trainee, note Part Order Section 1, definition of sailing ship ship vessel Subsection 6.2 In 6.1 6.2 In subsection 6.1 Subsections 6.2, 6.3 and 6.4 ship vessel Subsection 6.4 Chief Marine Surveyor Manager, Ship Inspection and Registration Section 7 ships vessels Subsection 7.1 Marine Orders, Part 12 Marine Order 12 Subsection 7.1 (Ship Construction and Stability) (Ship construction and stability) 2009 Subsections 7.1 and 7.2 ship vessel Subsection 7.2, note Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 7.3.1 passenger ship sailing vessel that is a passenger vessel Subsections 7.3.2, 7.3.3 and 7.3.4 ship vessel Subsection 7.3.3 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 7.3.3 7.3.1 subsections 7.3.1 Subsection 7.3.4 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 7.4 Chief Marine Surveyor Manager, Ship Inspection and Registration Section 8 ship vessel Subsection 8.1 Chief Marine Surveyor Manager, Ship Inspection and Registration Section 9 ship vessel Section 9 Marine Orders, Part 14 (Accommodation) Marine Order 11 (Living and working conditions on vessels) 2012 Paragraph 9(b) Manager Manager, Ship Operations and Qualifications Paragraph 9(b) crew, sail trainees seafarers including sail trainees Section 10 ship vessel Subsection 10.1 Manager Manager, Ship Operations and Qualifications Subsection 10.1 seamen seafarers Subsection 10.2 10.1 subsection 10.1 Section 11 The 11.1 The Section 11 ship vessel Section 11 as soon as practicable within 24 hours Schedule 30 Marine Orders Part 54, issue 5 (section 3) [1] Before subsection 5.1 insert 5.1ASection 164 of the Navigation Act provides that the regulations may make provision in relation to the licensing of pilots and pilotage providers. [2] After subsection 5.4 insert 5.4ASection 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates. [3] Section 6, definitions of accident, Act, amend, AMSA and penal provision omit [4] Section 6, after definition of unrestricted pilot licence insert vary, for a licence, includes the following: (a) vary an existing licence condition; (b) impose a new licence condition; (c) remove an existing licence condition. [5] Section 6, note at foot substitute Note Some terms used in this Order are defined in the Navigation Act, including: * AMSA * coastal sea of Australia * licensed pilot * pilotage provider * recognised organisation * seafarer * STCW Convention * vessel. [6] After section 8, including the note insert Note 2 For the kinds of vessels to which this Order applies see subsection 162(1) and Part 3 of Chapter 1 of the Navigation Act. [7] Subdivision 2.1 omit [8] Section 51, notes substitute Note It is a condition of a pilotage provider licence that records required by the Safety Management System are kept for at least 5 years after the records were made —— see section 50. [9] Sections 116 and 117 substitute 116 Review of decisions A decision mentioned in Schedule 3 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. [10] Other amendments provision omit each mention of insert Section 1 Orders Part 54, issue 5 Order 54 (Coastal pilotage) 2011 Section 4 Part Order Paragraph 4(a) pilotage provider licensing of pilotage providers and pilotage provider Paragraph 4(b) licensed licensing of Subsection 5.1 Division 1 of Part IIIA of the Subsection 165(1) of the Navigation Subsection 5.1 pilotage licensed pilots and pilotage Subsection 5.2 Division 1 of Part IIIA of the Act Subsection 165(2) of the Navigation Act Subsection 5.2 licensing of pilots, the qualifications of pilots duties of a licensed pilot and pilotage provider Subsection 5.2 carry out discharge Subsection 5.3 186H of the Act 163 of the Navigation Act Subsection 5.3 specify prescribe Subsection 5.3 Division 2 of Part IIIA Part 2 of Chapter 6 Subsection 5.4 186K(2) of the 172(2) of the Navigation Subsection 5.5 425(1) of the 339(1) of the Navigation Subsection 5.6 425(1AA) of the 342(1) of the Navigation Section 6 this Part this Order Section 6, definitions of approved auditor, approved fatigue risk management plan and Certificate of Medical Fitness provision section Section 6, definition of Certificate of Medical Fitness Marine Orders, Part 9 (Health — Medical Fitness) Marine Order 9 (Health — medical fitness) 2010 Section 6, definition of check pilot licence provision section Section 6, definition of chemical tanker Marine Orders Part 17 (Liquefied Gas Carriers and Chemical Tankers) Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006 Section 6, definitions of chemical tanker, draught, gas carrier, oil tanker, pilot launch, pilot transfer standards and Torres Strait ship vessel Section 6, definitions of compliance audit and internal audit Part Order Section 6, definitions of designated person, disciplinary action and fatigue risk management plan provision section Section 6, definition of gas carrier Marine Orders Part 17 (Liquefied Gas Carriers and Chemical Tankers) Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006 Section 6, definition of inner route pilotage area, notes subpar subparagraph Section 6, definitions of licensee, passage plan model, pilotage area and pilot licence provision section Section 6, definitions of REEFREP, REEFREP area and REEFVTS Marine Orders Part 56 (REEFREP) Marine Order 56 (REEFREP) 2004 Section 6, definitions of REEFREP area, REEFVTS, restricted pilot licence, safety management system, trainee pilot licence and unrestricted pilot licence provision section Section 7 Part Order Section 8, heading Application — Act, s 186H Application Section 8 This Part applies to pilots and pilotage of ships For subsection 162(2) of the Navigation Act, this Order applies to pilots and pilotage of vessels Section 8 Australian coastal sea coastal sea of Australia Section 8, note Note Note 1 Section 8, note Pr Section Subsection 10.1, note 1 s 338 sections 136.1 and 137.1 Subsection 10.2, note 2 pr section Subsection 10.4 provision subsection Subsection 10.5 provision section Subsection 11.1 provision section Subsection 11.3, note provision section Subsection 11.3, note pr section Paragraph 11.5 Part Order Paragraph 11.5 Act Navigation Act Subsection 11.6 Provision Subsection Subsection 12.1 provision 11 section 11 Subparagraph 12.1(b)(vii) provision 13.2 subsection 13.2 Subsection 13.1 Act Navigation Act Subsection 13.2 amended varied Subdivision 2.3, heading Amendment Variation Section 15, heading Amendment Variation Section 15 amend vary Subsection 15.1 an amendment a variation Section 15.1, note pr section Subsections 15.2, 15.3 and 15.5 amendment variation Subsection 15.3 Provision Subsection Subsection 15.4 provision section Section 16, heading Amendment Variation Section 16 amend vary Subsection 16.1, note 2 pr section Subsection 16.2 provision section Paragraph 16.2(b) amended varied Subsection 16.2, note pr section Subsection 16.4 provision section Subsection 16.5 provision subsection Paragraph 16.7(a) amendment variation Subsection 16.8, note provision section Subsection 16.8, note pr section Subsection 17.1 provision section Subsection 17.2, note 1 pr section Subsection 17.3 provision section Subsection 17.4 provision subsection Subsection 17.5 provision 17.4 subsection 17.4 Subsection 17.5 provision 32 section 32 Subsection 17.6 provision 17.4 subsection 17.4 Subsection 17.6 provision 32 section 32 Subsection 17.7, note Part Order Subsection 18.1, note provision section Subsection 18.2, note pr section Subsections 18.4 provision subsection Subsections 18.5 and 19.1 provision section Subsection 19.3, note provision section Subsection 19.3, note pr section Subsection 19.5 Part Order Subsection 19.5 Act Navigation Act Subsection 19.6 Provision Subsection Subsection 19.6 provision section Subsection 20.2, note 1 pr section Sections 21 and 23 provision section Section 23 amend vary Section 23 an amendment a variation Section 23 Part Order Section 23, notes pr section Subsection 24.2 provision section Section 25 Part Order Section 28 amendment variation Section 28 Act Navigation Act Section 28 Part Order Paragraph 29(c) amending varying Paragraph 30.1(a) amendment variation Subsections 30.3 30.5, 32.2, notes pr section Subsection 32.4 provision section Subsection 32.5 provision subsection Subsections 33.1 provision section Subsection 33.3, note pr section Subsection 33.4 provision section Subsection 33.4 Part Order Subsection 33.5 Provision Subsection Subsection 33.5 provision subsection Section 34, note pr subsection Section 35, definition of demerit points register provision section Section 35, definition of maximum demerit points provision 33 section 33 Section 35, definition of maximum demerit points provision 39.3 subsection 39.3 Table 36.3, Item 6 ship vessel Subsection 37.1 provision section Subsection 37.2 provision subsection Paragraph 39.1(b) provision subsection Paragraph 39.2(b) provision 39.3 subsection 39.3 Paragraph 39.2(b) provision 33 section 33 Subsection 40.2 provision section Paragraph 40.3(d) amend vary Paragraph 40.3(d) amending varying Subsections 40.4 and 40.5 provision subsection Subsection 40.6 provision 40.2 subsection 40.2 Subsection 40.6 provision 41 section 41 Section 41 provision section Subsection 42.2 Part Order Paragraph 44(d) ship vessel Paragraph 44(e) ships vessels Section 45, note pr section Section 46 ship vessel Sections 47 and 48 ship vessel Section 48 provision section Section 49 survey authority recognised organisation Subsection 51.2 Part Order Subsection 51.2 provision section Subsections 52.1, 52.3, 53.1 and 53.2 ship vessel Section 53 provision section Section 54 ship vessel Subsection 54.1, note pr section Subsection 54.2 provision section Section 55 provision section Subsection 56.2 this provision this subsection Subsection 56.2, definition of pilotage crew provision subsection Section 57 provision section Paragraph 57.2(b) crew seafarers Subsection 59.1, note pr section Subsection 59.2, note provision section Section 60 Part Order Section 60, note pr 10 section 10 Section 60, note pr 15 sections 15 Section 60, note an amendment a variation Section 61 provision section Section 62.1 Act Navigation Act Section 62.1 Part Order Section 63 Part Order Section 64 Act Navigation Act Sections 65 and 66 Part Order Section 66, note pr section Section 67 Part Order Sections 67 and 68 ship vessel Section 68 provision section Subsection 68.1 Part Order Subsection 68.1 ships vessels Sections 69 and 70 Part Order Section 70, note Act, s 186B Navigation Act, s 14 Subsection 71.1, note 1 s 338 sections 136.1 and 137.1 Subsection 71.1, note 2 provision section Subsection 71.2, note pr section Subsection 71.4 provision subsection Section 72 provision section Subsection 72.3, note pr section Paragraph 73.1(b) ship vessel Subsection 73.3 provision section Subsection 74.1 Act Navigation Act Subsection 74.2 note pr section Subsection 75.2 provision subsection Subsections 75.2 and 75.3 expires ceases to be in force Subdivision 7.3, heading Amendment Variation Section 76, heading Amendment Variation Section 76 an amendment a variation Section 76 amend vary Section 76 pr section Section 76 amendment variation Subsection 76.3 Provision Subsection Subsection 77, heading Amendment Variation Subsection 77.1 amend vary Subsection 77.1, note provision section Subsection 77.2 amended varied Subsection 77.2, note pr section Subsections 77.4 and 77.5 provision subsection Subsection 77.6 amendment variation Subsection 77.7 amend vary Subsection 77.7, note provision section Subsection 77.7, note pr section Subsection 77.8 amend vary Subsection 77.8 amended varied Subsection 77.8, note pr section Subsection 77.9 amend vary Section 78 provision section Subsection 78.2, note pr section Subsection 79.1 provision section Subsection 79.3, note provision section Subsection 79.3, note pr section Subsection 79.5 Provision Subsection Subsection 80.2 provision subsection Section 82 ships vessels Subparagraph 82(b)(i) Marine Orders, Part 3 Marine Order 3 (Seagoing qualifications) 2004 Paragraph 82(e) pilotae pilotage Section 84 ships vessels Subsection 84.3 provision section Paragraph 85.2(d) ships vessels Subsection 85.3 provision section Subparagraph 85.3(a)(ii) ship vessel Subparagraph 85.3(c)(i) ships vessels Subparagraph 85.3(c)(ii) ship vessel Subsections 86.2 and 86.3 provision section Paragraph 87.1(d) provision subsection Paragraph 87.2(e) ships vessels Subsections 87.3 and 87.4 provision subsection Section 88 amendment variation Section 88 Act Navigation Act Section 88 Part Order Paragraph 89(d) amending varying Paragraph 90.1(a) amendment variation Subsection 90.2, note pr section Subsection 90.5 provision section Subsection 92.1 ship vessel Subsection 92.7 provision subsection Subsection 93.1 and 93.2 ship vessel Paragraph 93.1(a) ship's vessel's Paragraph 93.1(c) Act Navigation Act Subsection 93.1, examples par paragraph Subsection 93.1, note pr subparagraph Subsection 93.3 provision section Subsection 93.3 Act, s 9A Navigation Act, s 14 Subsection 93.3, note 2 pr section Subsections 94.1 and 95.2 ship vessel Subsection 95.2 Marine Orders Part 56 (REEFREP) Marine Order 56 (REEFREP) 2004 Subsection 95.3 provision subsection Subsection 97.2 pr section Sections 97 and 99 provision section Subsection 100.1, note provision section Subsection 100.2 provision section Subsection 100.2, note pr section Subsection 100.5 provision subsection Subsection 101.1 provision section Subsection 101.3, note and 104.2, note 1 pr section Subsections 104.1 and 104.3 provision section Subsection 104.2, note 1 provision section Subsection 104.4 provision subsection Subsection 105.1, note provision section Subsection 105.2, note pr section Subsection 106.1 provision section Subsections 106.2, note and 106.4, note provision section Subsections 106.2, note and 106.4, note pr section Subsection 106.6 Provision Subsection Sections 108 and 109 provision section Subsection 110.1 Act Navigation Act Subsection 110.3 Part Order Section 113, heading Act, s 186H (1) Navigation Act, s 163(1) Section 113 the Act, section 186H (1) subsection 163(1) of the Navigation Act Division 12, heading Part Order Section 114, heading Act, s 186K (2) (b) Navigation Act, s 172(2)(b) Section 114 the Act, section 186K (2) (b) paragraph 172(2)(b) of the Navigation Act Section 114 ship vessel Section 114 ship's vessel's Paragraph 114(b) operator owner Subsection 118.1 Part Order Subsection 119.1 Under the Act, section 6F For section 338 of the Navigation Act Subsection 119.1 Part Order Sections 120 and 121 this Part this Order Subsections 122.1 and 122.2 clause paragraph Section 124 clause subclause Schedule 1, heading pr section Schedule 1, clause 1.1 provision section Schedule 1, clause 1.1 Part Order Schedule 1, clause 1.2 people; and seafarers, who: Schedule 1, clause 1.2 (c) have a crew (i) have Schedule 1, clause 1.2 (d) have a crew that (ii) Schedule 1, paragraph 1.3(a) crew seafarers Schedule 1, paragraphs 1.4(a) and 1.7(a) ships vessels Schedule 1, paragraph 1.5(a) crew seafarer Schedule 1, paragraph 1.5(b) crew seafarers Schedule 1, clause 1.6 ship vessel Schedule 1, paragraph 1.7(c) ship vessel Schedule 1, clause 1.8, note 2 crew seafarers Schedule 1, clause 1.9.1 launch master, pilot and crew members pilot and seafarers Schedule 1, subclauses 1.9.1, 1.10.1 and 1.10.4 ship vessel Schedule 2, heading pr section Schedule 3, item 2 amend vary Schedule 31 Marine Orders Part 55, issue 2 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 55 (Publication of information about vessels) 2004. [2] Subsections 1.2 and 1.3 substitute Power 1.2Section 336 of the Navigation Act provides that AMSA may publish information about a vessel as prescribed by the regulations. 1.3Subsection 339(1) of the Navigation 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 that Act. 1.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision may or must be made by the regulations. [3] Sections 2 to 4 substitute 2 Definitions In this Order: Safety Management Certificate means a certificate issued in accordance with Regulation 4.3 of Chapter IX of SOLAS. Note 1 Some terms used in this Order are defined or explained in Marine Order 1 (Administration) 2011, including: * IMO * Navigation Act * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * foreign vessel * inspector * recognised organisation * regulated Australian vessel. 4 Application This Order applies to information that: (a) is about: (i) a regulated Australian vessel; or (ii) a foreign vessel: (A) in an Australian port; or (B) entering or leaving an Australian port; or (C) in the internal waters of Australia; or (D) in the territorial sea of Australia, other than in the course of innocent passage; and (b) was obtained: (i) during an inspection of the vessel under section 256 or 257 of the Navigation Act; or (ii) during a survey of the vessel under the Navigation Act; or (iii) during an inspection or survey of the vessel conducted otherwise than under the Navigation Act; or (iv) otherwise than by an inspection or survey of the vessel. [4] Subsection 5.1.2, footnote 1 substitute as note at foot of subsection 5.1.2 Note The most commonly published aggregated data relate to deficiencies, flag states, recognised organisations or similar organisations, and kinds of vessels. [5] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.1 ship vessel Subsection 5.1.1 190AB 336 Subsection 5.1.1 ship vessel Paragraph 5.1.1(f) ship's vessel's Paragraph 5.1.1(q) crew seafarers' Subsection 5.2 section 190AB subsection 336(2) Subsection 5.3 section 190AB paragraph 336(2)(c) Schedule 32 Marine Orders Part 56, issue 2 (section 3) [1] Subsection 1.2.1 substitute 1.2.1Paragraph 340(1)(a) of the Navigation Act provides that the regulations may provide for giving effect to SOLAS. [2] Subsection 1.2.2 substitute 1.2.2 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters requiring or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. [3] Section 2, heading substitute 2 Definitions In this Order: [4] Section 2, definitions of IMO, Navigation Act, overall length, penal provision and SOLAS omit [5] Section 2, note at the foot substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * IMO * Navigation Act * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * length overall * domestic commercial vessel * foreign vessel * regulated Australian vessel. [6] Subsection 3.2 omit [7] Section 4, note substitute Note This Order applies to a vessel of a kind mentioned in this section whether or not it is a regulated Australian vessel, foreign vessel or domestic commercial vessel. See Part 3 of Chapter 1 of the Navigation Act. [8] After section 5 insert 5.2An offence against subsection 5.1 is a strict liability offence. 5.3A person is liable to a civil penalty if the person contravenes subsection 5.1. Civil penalty: 50 penalty units. [9] Other amendments provision omit each mention of insert Section 1A Orders Part 56, issue 2 Order 56 (REEFREP) 2004 Subsection 1.1 Part Order Subsection 1.2.3 425(1AA) 342(1) Section 2, definitions of chemical tanker, combination carrier, liquefied gas carrier and oil tanker ship vessel Section 2, definitions of chemical tanker and liquefied gas carrier Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers) Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006 Section 2, definition of INF Code Marine Orders — Part 41 (Carriage of Dangerous Goods) Marine Order 41 (Carriage of dangerous goods) 2009 Section 2, definition of REEFREP Part Order Subsection 3.1 Part Order Section 4 overall length length overall Sections 4 and 5 Part Order Sections 4 and 5 ship vessel Section 5 The 5.1 The Paragraph 5(a) 2 of Appendix clause 2 of Schedule Paragraph 5(b) 3 of Appendix clause 3 of Schedule Paragraph 5(c) 4 of Appendix clause 4 of Schedule Paragraph 5(d) 5 of Appendix clause 5 of Schedule Paragraph 5(e) 6 of Appendix clause 6 of Schedule Paragraph 5(f) 7 of Appendix clause 7 of Schedule Paragraph 5(g) 8 of Appendix clause 8 of Schedule Section 5 9 of Appendix clause 9 of Schedule Section 5 This is a penal provision. Penalty: 50 penalty units. Appendix 1, heading Appendix Schedule Appendix 1, clause 1 Appendix Schedule Appendix 1, clauses 2 and 3 ship vessel Appendix 1, clauses 2 and 3 ship's vessel's Appendix 1, paragraph 3.2(e), note Note Ships Note 1 Vessels Appendix 1, paragraph 3.2(e), note provision 4 of Appendix clause 4 of Schedule Appendix 1, paragraph 3.2(h) coastal licensed Appendix 1, paragraph 3.2(k) 7 of this Appendix clause 7 of this Schedule Appendix 1, subclause 3.3 3.2(e) paragraph 3.2(e) Appendix 1, clause 4 ship's vessel's Appendix 1, clause 4 ship vessel Appendix 1, subclause 4.1 3.2(e) and 3.3 of this Appendix paragraph 3.2(e) and subclause 3.3 of this Schedule Appendix 1, subclause 4.1 4.2 subclause 4.2 Appendix 1, subclause 4.2 4.2.1 subclause 4.2.1 Appendix 1, subclause 4.2.1.1, note ships vessels Appendix 1, subclause 4.2.2.3 4.2.2.2 subclause 4.2.2.2 Appendix 1, subclause 4.2.3 4.2.1 subclause 4.2.1 Appendix 1, paragraph 4.2.3(b) Appendix Schedule Appendix 1, subclause 5.2 options options mentioned in subclause Appendix 1, clause 6 ship vessel Appendix 1, clause 6 ship's vessel's Appendix 1, subclause 6.2, note crew seafarers Appendix 1, subclause 6.2, note Note 1 Instructions Note 2 Instructions Appendix 1, subclause 6.3 Ships Vessels Appendix 1, subclause 6.3 2 clauses 2 Appendix 1, subclause 6.3 Appendix Schedule Appendix 1, subclause 6.4 9.3 subclause 9.3 Appendix 1, clauses 7 and 8 ship vessel Appendix 1, clauses 7 and 8 ship's vessel's Appendix 1, subclause 7.2 7.1 subclause 7.1 Appendix 1, subclause 7.2 section 268 sections 185 and 186 Appendix 1, subclauses 9.1 and 9.3 provision 5 of this Part section 5 of this Order Appendix 1, clause 9 ship's vessel's Appendix 2, heading Appendix Schedule Appendix 2 Part Order Schedule 33 Marine Orders Part 57, issue 3 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 57 (Helicopter operations) 2010. [2] Subsection 1.2 substitute 1.2 Power 1.2.1Subsection 112(1) provides that the regulations may provide for the carriage of passengers. 1.2.2Subsection 112(4) of the Navigation Act provides that the regulations may provide for the carriage on a vessel of cargo and livestock. 1.2.3Subsection 112(5) of the Navigation Act provides that the regulations may provide for the loading in vessels and unloading from vessels of cargo and livestock. 1.2.4Section 165 of the Navigation Act provides that the regulations may provide for the operations of licensed pilots and licensed pilotage providers including matters relating to pilotage safety management systems and the content and implementation of such systems. 1.2.5Subsection 339(1) of the Navigation Act provides for regulations prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 1.2.6Paragraph 340(1)(a) provides that the regulations may give effect to SOLAS. 1.2.7Subsection 342(1) of the Navigation Act provides that AMSA may make an order for any matter for which regulations may provide. [3] Section 2, heading substitute 2 Definitions In this Order: [4] Section 2, definition of AMSA, operator and penal provision omit [5] Section 2, note substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Navigation Act. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * master * owner * pilot * regulated Australian vessel * seafarer. [6] Sections 3 and 4 substitute 4 Application This Order applies to the following vessels: (a) a regulated Australian vessel; (b) a foreign vessel: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. [7] Subsection 5.1 substitute 5.1 Requirement for safe arrangements 5.1.1The master of a vessel may permit the transfer of persons or goods from helicopter to vessel, or from vessel to helicopter, only if the owner or master has provided shipboard arrangements, equipment, training and drills that: (a) apply to the preparations on a vessel and the vessel/helicopter interface during the transfer operation; and (b) are necessary and reasonable for emergency evacuation of persons from the vessel; and (c) are appropriate and reasonable for the normal operations of the vessel; and (d) are at least as effective as those mentioned in the ICS Guide for operations or activities directly related to the vessel. Note The ICS Guide may also provide useful background for the owner and master when considering the safety management system for the vessel. 5.1.2The master of a vessel must ensure that: (a) the arrangements, equipment, training and drills have been included in the safety management system on board the vessel; and (b) seafarers are given instructions on their responsibilities to give effect to the vessel's safety management system; and (c) equipment is maintained in working order and readily available for use; and (d) the training has been carried out. Penalty: 50 penalty units. 5.1.3An offence against subsection 5.1.2 is a strict liability offence. 5.1.4A person is liable to a civil penalty if the person contravenes subsection 5.1.2. Civil penalty: 50 penalty units. [8] Subsection 5.4 substitute 5.4 Responsibility of seafarers 5.4A seafarer must carry out the instructions given to the seafarer under paragraph 5.1.2(b). Penalty: 50 penalty units. 5.4AAn offence against subsection 5.4 is a strict liability offence. 5.4BA person is liable to a civil penalty if the person contravenes subsection 5.4. Civil penalty: 50 penalty units. [9] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Marine Order Subsection 1.1 ships vessels Subsection 1.1, note ship/helicopter vessel/helicopter Section 2, definition of ICS Guide Shipping; Shipping. Section 5, heading ships vessels Subsection 5.2 ship vessel Subsection 5.2.2 operator owner Subsection 5.2.2, note Classification Society recognised organisation Subsection 5.2.2, note ship's vessel's Paragraph 5.2.3(b) a surveyor an inspector Subsection 5.2.3 5.2.2 subsection 5.2.2 Subsection 5.3 ship vessel Subsection 5.3 ship/helicopter vessel/helicopter Subsection 5.5 ship vessel Schedule 34 Marine Orders Part 58, issue 2 (section 3) [1] Before subsection 1.1 insert 1.1A Section 98 of the Navigation Act provides that regulations may make provision in relation to safety certificates. 1.1B Section 314 of the Navigation Act provides that regulations may provide for particular matters relating to certificates. [2] Section 2, heading substitute 2 Definitions [3] Section 2, definitions of AMSA, General Manager and IMO omit [4] Section 2, definitions of Manager, penal provision and SOLAS omit [5] Section 2, at the foot insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * General Manager, Ship Safety Division * IMO * Manager, Ship Operations and Qualifications * Navigation Act * SOLAS. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * Government vessel * regulated Australian vessel. [6] Sections 4 to 8 substitute 4 Application 4.1This Order applies to a vessel, to which Regulation 2 of Chapter IX of SOLAS applies, that is: (a) a regulated Australian vessel; or (b) a foreign vessel that is: (i) in an Australian port; (ii) entering or leaving an Australian port; (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia other than in the course of innocent passage. 4.2This Order also applies to a company owning, operating or managing the vessel. 4.3However, this Order does not apply to a Government vessel. 5 Exemptions 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel, or an operating company, from: (a) a requirement of this Order; or (b) a provision of the ISM Code. 5.2The decision maker for the application is the Manager, Ship Operations and Qualifications. 5.3The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that: (a) compliance with the requirement or provision would be unnecessary or unreasonable; and (b) giving the exemption would not contravene SOLAS or the ISM Code. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 5A Equivalents 5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. 5A.2The decision maker for the application is the Manager, Ship Operations and Qualifications. 5A.3The Manager, Ship Operations and Qualifications may approve use of an equivalent only if he or she is satisfied that: (a) use of the equivalent would be at least as effective as compliance with the requirement or provision to which the equivalent is an alternative; and (b) approving use of the equivalent would not contravene SOLAS or the ISM Code. 5A.4In this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order or a provision of the ISM Code. use, of an equivalent, includes: (a) fitting or carrying the equivalent in or on a vessel; and (b) making an alternative arrangement or following an alternative procedure. 6 Review of decisions A decision under subsection 9.2, 9.4.2, 9.5.2, 10.4.2, 10.5.2, 11.1.1, 11.2.3 or 12.1.1 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act. 7 Safety management requirements 7.1For sections 103, 104, 106 and 107 of the Navigation Act, a vessel must have a safety certificate that is: (a) a Safety Management Certificate; or (b) an Interim Safety Management Certificate. Note It is an offence under sections 103, 104, 106 and 107 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel. 7.2A master must not take a vessel to sea if there is not on board a copy of a Document of Compliance or Interim Document of Compliance in force for the company operating the vessel. Penalty: 50 penalty units. 7.3An offence against subsection 7.2 is a strict liability offence. 7.4A person is liable to a civil penalty if the person contravenes subsection 7.2. Civil penalty: 50 penalty units. [7] Subsection 10.1 and 10.2 substitute 10.1 Application For subsection 99(1) of the Navigation Act, a Safety Management Certificate is a safety certificate. 10.2 Issue For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a Safety Management Certificate are that: (a) a Document of Compliance valid for the type of vessel has been issued for the company; and (b) the safety management system of the company is being applied on the vessel in accordance with the Guidelines. Note The form of a Safety Management Certificate is set out as Form 2 in Schedule 3. [8] Subsection 11.2.1 substitute 11.2.1 For subsection 99(1) of the Navigation Act, an Interim Safety Management Certificate is a safety certificate. 11.2.1A For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an Interim Safety Management Certificate are that: (a) the vessel is operated by a company for which a Document of Compliance or Interim Document of Compliance has been issued; and (b) the vessel is: (i) a new vessel; or (ii) new to the company; or (iii) new to the Australian General Shipping Register or the Australian International Shipping Register. Note The form of an Interim Safety Management Certificate is set out as Form 4 in Schedule 3. [9] Subsection 12.1.2 substitute 12.1.2 The General Manager, Ship Safety Division may, by notice in writing to the company, require the delivery to AMSA of the revoked Document of Compliance. 12.1.2A The General Manager, Ship Safety Division may, by notice in writing to the company, require the surrender of the Document of Compliance to enable the variation to be endorsed on it. [10] After subsection 12.1 insert 12.1.5 An offence against subsection 12.1.4 is a strict liability offence. 12.1.6 A person is liable to a civil penalty if the person contravenes subsection 12.1.4. Civil penalty: 50 penalty units. Note A Safety Management Certificate may be revoked under subsection 12.2 if a Document of Compliance has been revoked or varied. [11] Subsections 12.2.1 substitute 12.2.1 For section 102 of the Navigation Act, the criteria for revocation of a Safety Management Certificate are that: (a) the Safety Management Certificate has not been endorsed in accordance with subsection 10.4.2; (b) there is evidence of major non-conformity in relation to the Safety Management Certificate; (c) the company's Document of Compliance: (i) has not been endorsed under subsection 9.4.2; (ii) has expired and not been renewed under subsection 9.5; or (iii) has been revoked or varied under subsection 12.1.1. Note Section 315 of the Navigation Act provides that AMSA may require a certificate that has been issued for a regulated Australian vessel and then revoked, to be delivered to AMSA or another specified person. The vessel may be detained until the requirement is complied with. [12] Subsections 12.2.2 and 12.2.3 omit [13] Other amendments provision omit each mention of insert Section 1A Orders Part 58, issue 2 Order 58 (International Safety Management Code) 2002 Subsection 1.1 Section 191 of the Navigation Act 1912 Paragraph 340(1)(a) of the Navigation Act Subsection 1.1 425(1) of the Navigation Act 1912 339(1) of the Navigation Act Subsection 1.2 Section 425(1AA) of the Navigation Act 1912 Subsection 342(1) of the Navigation Act Subsection 1.2 Part of Marine Orders Order Section 2 Part Order Section 2, definition of company ship vessel Section 2, definition of company shipowner owner Section 3 Part Order Subsection 3.1 the Safety Convention SOLAS Subsection 9.3 9.4 subsection 9.4 Subsection 9.3 valid in force Sections 9 and 10 Manager Manager, Ship Operations and Qualifications Sections 9 and 10 ship vessel Subsection 9.5.2, note 13.10 paragraph 13.10 Subsection 10.3 10.4 subsection 10.4 Subsection 10.3 valid in force Subsection 10.5.2, note 13.10 subsection 13.10 Section 11 Manager Manager, Ship Operations and Qualifications Section 11 ship vessel Section 12, heading Withdrawal Revocation Section 12 General Manager General Manager, Ship Safety Division Subsection 12.1, heading Withdrawal Revocation Paragraph 12.1.1(a) 9.4.2 subsection 9.4.2 Paragraph 12.1.1(c) cancel revoke Paragraph 12.1.1(c) Compliance and its associated Safety Management Certificate Compliance Subclause 12.1.4 12.1.2 subsection 12.1.2 Subclause 12.1.4 This is a penal provision. Penalty: 50 penalty units. Subclause 12.2, heading Withdrawal Revocation Schedule 35 Marine Order 59, issue 2 (section 3) [1] Section 4 omit For section 425 of the Act, this insert This [2] Section 5 substitute 4A Power 4A.1 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 4A.2 Subsection 112(5) of the Navigation Act provides for regulations to be made about loading in and unloading from vessels of cargo. 4A.3 Subsection 112(6) of the Navigation Act provides for regulations to be made about the carriage of dangerous goods. 4A.4 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by the regulations. 5 Application This Order applies to each of the following vessels: (a) a regulated Australian vessel that is an offshore support vessel; (b) a foreign vessel operating in Australian waters as an offshore support vessel. Note The Offshore Petroleum and Greenhouse Gas Storage Act 2006, s 640 provides that the Navigation Act (and therefore this Order) does not apply on, and in relation to, facilities to which that Act applies (except to the extent that it relates to the transfer of persons or goods between a vessel and a facility). [3] Section 6, definition of Act omit [4] Section 6, definition of off-shore industry vessel omit [5] Section 6, paragraphs (b) and (c) of definition of operations substitute (b) the coastal sea of Australia. [6] Section 6, notes 1 and 2 substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * offshore industry mobile unit * offshore support vessel * Manager, Ship Operations and Qualifications * natural resources. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * coastal sea of Australia * foreign vessel * regulated Australian vessel. [7] Section 7, note omit [8] After section 7 insert 7.2An offence against subsection 7.1 is a strict liability offence. 7.3A person is liable to a civil penalty if the person contravenes subsection 7.1. Civil penalty: 50 penalty units. [9] After section 8 insert 8.2An offence against subsection 8.1 is a strict liability offence. 8.3A person is liable to a civil penalty if the person contravenes subsection 8.1. Civil penalty: 50 penalty units. [10] Further amendments provision omit insert Section 1 59, issue 2 59 (Offshore support vessel operations) 2011 Section 4 off-shore industry offshore support Section 6, definition of operations off-shore industry offshore support Section 7 The 7.1 The Section 7 off-shore industry offshore support Section 7 This is penal provision. Penalty: 50 penalty units. Section 8 The 8.1 The Section 8 off-shore industry offshore support Section 8 This is penal provision. Penalty: 50 penalty units. Subsection 9.1 off-shore industry offshore support Subsection 9.1 operator owner Subsection 9.1 1, issue 2 (Administration) 1 (Administration) 2011 Subsection 9.3 off-shore industry offshore support Subsection 9.3, note 1, issue 2 1 (Administration) 2011 Section 10, heading Crew members' Seafarers' Section 10 off-shore industry offshore support Section 10 person who is a crew member of seafarer, other than the master, employed or engaged or working on Schedule 36 Marine Order 60, issue 2 (section 3) [1] Section 1 substitute 1 Name of Order This Order is Marine Order 60 (Floating offshore facilities) 2001. 1A Purpose This Order provides for the safe operation and navigation of Floating Production, Storage and Offtake Facilities (FPSOs) and Floating Storage Units (FSUs) by setting out requirements, in addition to those set out in other Orders, with which FPSOs and FSUs must comply. 1B Power 1B.1Subsection 98(1) of the Navigation Act provides for regulations to be made for safety certificates for a regulated Australian vessel. 1B.2Subsection 339(1) of the Navigation 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 that Act. 1B.3Subsection 339(2) of the Navigation Act provides that, without limiting subsection (1), these regulations may be about, among other matters: (a) the design and construction of vessels; and (b) the machinery and equipment to be carried on board vessels; and (c) the operating, maintaining, checking and testing of that machinery and equipment; and (d) saving life at sea; and (e) the maintenance, testing, survey and certification of vessels. Note FPSOs and FSUs are vessels — see definition of vessel in subsection 14(1) of the Navigation Act. 1B.4Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by the regulations. [2] Section 2, heading substitute 2 Definitions In this Order: [3] Section 2, definitions of AMSA and Chief Marine Surveyor substitute cargo ship safety construction certificate — see Marine Order 31 (Ship surveys and certification) 2006. [4] Section 2, definitions of General Manager, IMO, Manager, penal provision, petroleum, Safety Case and SOLAS substitute petroleum has the same meaning as in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. safety case, for a vessel, means the safety case for that vessel that was accepted or taken to be accepted by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) for the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009. Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011 including: * cargo vessel * IMO * Manager, Ship Inspection and Registration * natural resources * Navigation Act * offshore industry mobile unit. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * coastal sea of Australia * foreign vessel * inspector * marine incident * recognised organisation * regulated Australian vessel * safety certificate * seafarer * vessel. [5] Section 3 omit 3.1 [6] Subsection 3.2 omit [7] Subsection 4.1 substitute 4.1This Order applies to each of the following vessels: (a) an FPSO or FSU that is a regulated Australian vessel; (b) an FPSO or FSU that is a foreign vessel operating as an offshore industry mobile unit: (i) in an Australian port; or (ii entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. [8] Sections 5 and 6 substitute 5 Exemptions 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The Manager, Ship Inspection and Registration may give an exemption for an FPSO or an FSU only if he or she is satisfied that: (a) compliance with the requirement would be unreasonable or impracticable; and (b) giving the exemption would not contravene SOLAS. Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and modifications: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 6 Modifications 6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval for a modification of a requirement of the Order to apply to a vessel. 6.2The decision maker for the application is the Manager, Ship Inspection and Registration. 6.3The Manager, Ship Inspection and Registration may approve a modification of a requirement of this Order only if he or she is satisfied that: (c) the fitting, material, appliance, apparatus to be fitted or carried on the vessel, or the other provision to be made, is at least as effective as the requirement to which the modification is an alternative; and (d) approval of the modification would not contravene SOLAS. 6A Review of decisions A decision under this Order, other than a decision under section 5 or 6, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note 1 A decision under section 5 or 6 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. Note 2 For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act about safety certificates for an FPSO or FSU — see section 313 of the Navigation Act. [9] Subsection 7.1 substitute 7.1The owner of an FPSO or FSU must ensure that the vessel has each certificate that a Marine Order requires a cargo vessel to have. Penalty: 50 penalty units. [10] After subsection 7.1 insert 7.1AAn offence against subsection 7.1 is a strict liability offence. 7.1B A person is liable to a civil penalty if the person contravenes subsection 7.1. Civil penalty: 50 penalty units. [11] After subsection 7.2 insert 7.2AAn offence against subsection 7.2 is a strict liability offence. 7.2BA person is liable to a civil penalty if the person contravenes subsection 7.2. Civil penalty: 50 penalty units. [12] After subsection 7.4.2 insert 7.4.2AAn offence against subsection 7.4.2A is a strict liability offence. 7.4.2BA person is liable to a civil penalty if the person contravenes subsection 7.4.2. Civil penalty: 50 penalty units. [13] Subsection 7.5 substitute 7.5If the safety of an FPSO, FSU or a person on board an FPSO or FSU is endangered by the occurrence of a marine incident or a defect, other than in the production operations of the FPSO or FSU, the master must report the marine incident or defect: (a) within 4 hours after the incident or defect happens — using the approved form for initial reporting of an incident; and (b) within 72 hours after the incident or defect happens — using the approved form for detailed reporting of the incident. Penalty: 50 penalty units. Note 1 marine incident is defined in subsection 14(1) of the Navigation Act. Note 2 It is an offence not to report a marine incident to AMSA in the approved form within the prescribed period — see section 186 of the Navigation Act. 7.5AAn offence against subsection 7.5 is a strict liability offence. 7.5BA person is liable to a civil penalty if the person contravenes subsection 7.5. Civil penalty: 50 penalty units. [14] After subsection 7.6 insert 7.7An offence against subsection 7.6 is a strict liability offence. 7.8A person is liable to a civil penalty if the person contravenes subsection 7.5. Civil penalty: 50 penalty units. [15] Section 8 substitute 8 Certificates of compliance 8.1For subsection 99(1) of the Navigation Act, a certificate of compliance is a safety certificate. 8.2For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a certificate of compliance for an FPSO or FSU are as follows: (a) an application has been made under section 99 of the Navigation Act to the issuing body for a certificate of compliance for the FPSO or FSU; (b) the FPSO or FSU has been surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006; (c) the FPSO or FSU complies with Schedule 1. Note Marine Order 31 (Ship surveys and certification) 2006 sets out information about applying for safety certificates. 8.3A certificate of compliance is valid for the same period as the cargo ship safety construction certificate for the vessel and must be endorsed each year in the same way. Note For information about cargo ship safety construction certificates see Marine Order 31 (Ship surveys and certification) 2006. 8.4For subsection 101(1) of the Navigation Act, the criteria for variation of a certificate of compliance for an FPSO or FSU are as follows: (a) a written application has been made to the issuing body setting out the kind of variation applied for; (b) the vessel has a cargo ship safety construction certificate issued by an issuing body; (c) the vessel complies with the survey requirements mentioned in Marine Order 31 (Ship surveys and certification) 2006 that apply to the vessel; (d) any surveys of the vessel required by the Manager, Ship Inspection and Registration are completed within the period mentioned in Marine Order 31 (Ship surveys and certification) 2006 for the survey; (e) the vessel complies with any condition imposed by the Manager, Ship Inspection and Registration. 8.5For section 102 of the Navigation Act, the criteria for revocation by an issuing body of a certificate of compliance for an FPSO or FSU are as follows: (a) the vessel does not comply with Schedule 1; (b) each required survey is not completed within the period mentioned in Marine Order 31 (Ship surveys and certification) 2006; (c) the certificate is not endorsed by an issuing body in accordance with this Order; (d) the vessel changes its country of registration; (e) a criterion for revocation of a safety certificate other than a certificate of compliance issued for the FPSO or FSU is met; (f) a safety certificate other than a certificate of compliance issued for the FPSO or FSU is revoked. [16] After subsection 10.1.5 insert 10.1.6An offence against subsection 10.1.5 is a strict liability offence. 10.1.7A person is liable to a civil penalty if the person contravenes subsection 10.1.6. Civil penalty: 50 penalty units. [17] After subsection 10.2 insert 10.2AAn offence against subsection 10.2 is a strict liability offence. 10.2.BA person is liable to a civil penalty if the person contravenes subsection 10.2. Civil penalty: 50 penalty units. [18] After subsection 10.3 insert 10.3AAn offence against subsection 10.3 is a strict liability offence. 10.3BA person is liable to a civil penalty if the person contravenes subsection 10.3. Civil penalty: 50 penalty units. [19] After subsection 10.4.1 insert 10.4.1A An offence against subsection 10.4.1 is a strict liability offence. 10.4.1B A person is liable to a civil penalty if the person contravenes subsection 10.4.1. Civil penalty: 50 penalty units. [20] Further amendments provision omit each mention of insert Section 2, definitions of FPSO and FSU ship vessel Section 2, definitions of FPSO and FSU Marine Orders, Part 47, Marine Order 47 (Mobile offshore drilling units) 2012 Section 3 Chief Marine Surveyor Manager, Ship Inspection and Registration Section 3 survey authority recognised organisation Section 3 Part Order Subsection 4.2 this Part this Order Subsection 4.2 Part of Marine Orders Marine Order Section 7, footnote 3 classification society recognised organisation Section 7, footnote 3 ship vessel Section 7, footnote 3 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsections 7.1 and 7.2 This is a penal provision. Penalty: 50 penalty units. Subsection 7.2 issued under section 8 or the Safety Case safety certificate or the safety case Subsection 7.3 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 7.3 ship's vessel's Subsection 7.3 classification society recognised organisation Subsection 7.4.1 Part Order Subsection 7.4.1 a surveyor an inspector Subsection 7.4.1 the surveyor the inspector Subsection 7.4.2 7.4.1. subsection 7.4.1. Subsections 7.4.2 and 7.6 This is a penal provision. Penalty: 50 penalty units. Subsection 7.6 5 of Marine Orders, Part 31 Marine Order 31 (Ship surveys and certification) 2006 Section 9 Manager Manager, Ship Operations and Qualifications Section 9 Regulation V/13 Regulation 13 of Chapter V Section 9, footnote 4 these principles, the principles contained in IMO Resolution A.890(21), Subsection 10.1.5 10.1.1 subsections 10.1.1 Subsections 10.1.5, 10.2, 10.3 and 10.4.1 This is a penal provision. Penalty: 50 penalty units. Paragraph 10.3(a), footnote 5 10.3. subsection 10.3. Subsection 10.4, heading Crew members' Seafarers' Subsection 10.4.1 Every crew member Each seafarer Subsection 10.4.1 10.3. subsection 10.3. Appendix, heading Appendix Requirements Schedule 1 Requirements (section 8) Appendix, subclauses 1.2, 2.1.3, 2.3.2, 2.5.1 and 2.7.2 Chief Marine Surveyor Manager, Ship Inspection and Registration Appendix, clause 3 Marine Orders, Part 27 Marine Order 27 (Radio equipment) 2009 Appendix, clause 4 ship's vessel's [21] Further amendments — footnotes footnote instruction 3 Relocate as a note at the foot of section 7 4 Relocate as a note at the foot of section 9 5 Relocate as a note at the foot of subsection 10.3 6 Relocate as a note at the foot of Appendix, subclause 1.3 Note Footnotes not mentioned in this item are omitted as a consequence of the text to which they relate being omitted. Schedule 37 Marine Order 62, issue 1 (section 3) [1] Sections 1 to 3 substitute 1 Name of Order This Order is Marine Order 62 (Government vessels) 2003. 1A Purpose This Order sets out requirements about the following matters to be complied with by Government vessels to which the Navigation Act applies: (a) survey requirements; (b) certification requirements; (c) logbook requirements; (d) carriage of dangerous goods; (e) stowage and carriage of cargo. Note 1 For the kinds of Government vessels to which the Navigation Act does not apply (eg navy vessels) — see section 10 of the Act. Note 2 AMSA or the Minister may exempt Government vessels from some or all of the Navigation Act and specify conditions for the exemption — see section 334 of the Navigation Act. An exemption is not a legislative instrument — see subsection 334(4) of the Act. 2 Power 2.1Subsection 98(1) of the Navigation Act provides for regulations to be made for safety certificates. 2.2Subsection 130 provides for regulations to be made for pollution certificates. 2.3Subsection 112(4) of the Navigation Act provides for regulations about the carriage of cargo on a vessel. 2.4Subsection 112(5) provides that the regulations may provide for the loading, stowing or carriage of cargo in vessels. 2.5Subsection 112(6) of the Navigation Act provides for regulations about the carriage of dangerous goods. 2.6Subsection 309(2) of the Navigation Act provides for regulations about the keeping of logbooks. 2.7Subsection 339(1) of the Navigation Act provides for regulations about official logbooks to be kept by the masters of regulated Australian vessels. 2.8Subsection 342 of the Navigation Act provides that AMSA may make orders about any matter about which regulations may be made. 3 Definitions In this Order: length, for a vessel, has the same meaning as in the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 relating to the International Convention on Load Lines, 1966. Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * USL Code * Manager, Ship Inspection and Registration. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * Government vessel * vessel. [2] Subsection 4.1 substitute 4.1This Order applies to a regulated Australian vessel: (a) that belongs to the Commonwealth or an agency of Commonwealth; or (b) the beneficial interest in which is vested in the Commonwealth or an agency of the Commonwealth; or (c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or an agency of the Commonwealth. Note 1 For the kinds of Government vessels to which the Navigation Act does not apply (eg navy vessels) — see section 10 of the Act. Note 2 AMSA has exempted under section 334 of the Navigation Act certain Government vessels to which the Act applies from some provisions of the Act and other Marine Orders. A copy of the AMSA Government vessels Exemption 2012 (No.1) is available on the AMSA website at http://www.amsa.gov.au together with a copy of this Order. The exemption is subject to the condition that each exempt vessel complies with this Order. [3] Section 5, footnote 3 substitute as note at foot of section 5 Note For requirements for the log-book for a Government vessel of 24 metres or more in length — see Marine Order 11 (Living and working conditions on vessels) 2012. [4] Subsection 6.1, footnote 4 substitute as note at foot of subsection 6.1 Note For survey requirements for a Government vessel of 24 metres or more in length — see Marine Order 31 (Ship surveys and certification) 2006. [5] Subsection 6.3 substitute 6.3Subject to subsection 6.4, the master of a Government vessel of less than 24 metres in length may take the vessel to sea only if there is in force for the vessel each safety certificate that is required for the vessel under a Marine Order. Penalty: 50 penalty units. [6] After subsection 6.4 insert 6.5An offence against subsection 6.3 is a strict liability offence. 6.6A person is liable to a civil penalty if the person contravenes subsection 6.3. Civil penalty: 50 penalty units. [7] Section 7, footnote 6 substitute as note at foot of section 7 Note Marine Order 41 (Carriage of dangerous goods) 2009 provides for the Manager, Ship Inspection and Registration to modify a requirement, or to exempt a vessel from a requirement in appropriate circumstances. [8] Appendix 1 omit [9] Appendix 2 omit Occurrences (such as a grounding, a collision, fire, flooding, damage to hull/machinery or any other dangerous occurrence) Events specified in s.268 of the Navigation Act 1912 insert Marine incidents (See the definition of marine incident in subsection 14(1) of the Navigation Act 2012 for the kinds of incidents to be reported. These include the death or serious injury of a person, the loss of a vessel, the collision, grounding, sinking, or capsizing of a vessel, a fire on board a vessel and any event that results in or could have resulted in, the death, injury or loss of a person on board). [10] Further amendments provision omit each mention of insert Subsection 4.2 this Part this Order Subsection 4.2 Part of Marine Orders Marine Order Section 5 subsection 171(1) section 309 Section 5 prescribed approved Section 5 Appendix 2 Schedule 1 Sections 5 and 6 Commonwealth ship Government vessel Subsection 6.1 6.2 subsection 6.2 Subsection 6.2 Provision Subsection Subsection 6.2 operator owner Subsection 6.2 Chief Marine Surveyor Manager, Ship Inspection and Registration Subsection 6.4 Provision Subsection Subsection 6.4 6.1 subsection 6.1 Subsection 6.4 6.2 subsection 6.2 Sections 7 and 8 Commonwealth ship Government vessel Section 7 Marine Orders, Part 41 Marine Order 41 (Carriage of dangerous goods) 2009 Paragraph 8(a) Marine Orders, Part 42 Marine Order 42 (Cargo stowage and securing) 2003 Paragraph 8(b) ship vessel Appendix 2 Appendix 2 Schedule 1 Appendix 2 1912 2012 Schedule 38 Marine Order 91, issue 5 (section 3) [1] Subsection 1.2.1, second sentence substitute Paragraph 340(1)(c) of the Navigation Act provides for regulations to give effect to MARPOL. [2] After subsection 1.2.1 insert 1.2.1ASubsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates. 1.2.1BSubsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force. 1.2.1CSubsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations. [3] Subsection 1.2.3 substitute 1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation. 1.2.4Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter for which provision may be made by regulation. [4] Section 2, definition of Area Manager omit [5] Section 2, definition of IOPP certificate, including the note substitute IOPP certificate (or International Oil Pollution Prevention Certificate) means: (a) a pollution certificate relating to vessel construction or equipment issued under section 132 of the Navigation Act; or (b) a certificate relating to Annex I issued under section 319 of the Navigation Act. [6] Section 2, definition of STCW Code omit [7] Section 2, note 1 omit [8] Section 2, note 2 omit * penal provision [9] Section 2, after note 3 insert Note 4 Some expressions used in this Order are defined in the Pollution Prevention Act, including: * Australian ship * foreign ship. Note 5 Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (eg ship and Australian ship). An example of a provision using terms used in the Pollution Prevention Act is subsection 4.2. [10] Subsection 4.1 omit everything after applies insert to: (a) a non-foreign vessel: (i) to which Annex I is expressed to apply; or (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and (b) a foreign vessel to which Annex I is expressed to apply. Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law. Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels. [11] After subsection 4.1 insert 4.1AFor subsection 4.1, each of the following is a non-foreign vessel: (a) a regulated Australian vessel; (b) a domestic commercial vessel; (c) a recreational vessel that has Australian nationality. [12] Section 6 substitute 6 Review of decisions 6.1A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note 1 A decision under section 5 or 5A is a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. Note Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 132, 133 and 134 of the Act relating to pollution certificates. [13] Subsection 8.8.3, note substitute 8.8.4An offence against subsection 8.8.3 is a strict liability offence. 8.8.5A person is liable to a civil penalty if the person contravenes subsection 8.8.3. Civil penalty: 50 penalty units. 8.8.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.8.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia. Note Contact details for the RCC are provided in Form MO-91/2, set out in Schedule 1. 8.8.7If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated. [14] Subsection 9.1 substitute 9.1 Preliminary matters about IOPP certificates 9.1.1For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a non-foreign vessel to which this Order applies must have a pollution certificate that is an IOPP certificate. 9.1.2For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IOPP certificate is specified for a non-foreign vessel to which this Order applies. 9.1.3For paragraph 340(1)(c) of the Navigation Act (which enables the regulations to give effect to MARPOL), a foreign vessel to which this Order applies must have a certificate issued under section 319 of the Navigation Act that is an IOPP certificate. 9.1.4For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate) and paragraph 314(3)(a) of the Navigation Act (which enables criteria to be prescribed for the issue of any kind of certificate), the criteria for the issue of an IOPP certificate for a vessel are that the vessel: (a) complies with the provisions of Annex I mentioned in section 7; and (b) has been surveyed in accordance with section 8; and (c) complies with the requirements that apply to it under section 8. 9.1.5For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate) and paragraph 314(3)(a) of the Navigation Act (which enables criteria to be prescribed for the variation of any kind of certificate), the criteria for variation of an IOPP certificate for a vessel are that: (a) the vessel has been surveyed in accordance with section 8; and (b) the vessel complies with the requirements that apply to it under section 8; and (c) the variation is in accordance with subsections 9.4 and 9.5. 9.1.6For subsection 132(2) of the Navigation Act (which provides that a pollution certificate is subject to the conditions (if any) prescribed by the regulations), the conditions mentioned in subsection 8.8 are prescribed. 9.1.7The form of an IOPP certificate is the International Oil Pollution Prevention Certificate set out in Appendix II of Annex I. [15] Subsection 9.2 omit ceasing to have effect at an earlier date in accordance with section 267D or section 267F of the Navigation Act. insert earlier revoked. [16] Subsection 9.2, at the foot insert Note See section 9.4 for circumstances in which an IOPP certificate may be varied to extend its period of validity. [17] Subsection 9.4, heading substitute 9.4 Variation of certificate to extend validity [18] Subsection 9.6, including the note substitute 9.6 Criteria for revocation of certificate For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an IOPP certificate for a vessel are that: (a) the surveys required by section 8 are not completed within the periods required by section 8; or (a) a survey required by section 8 at a particular time is not completed when required by section 8; or (b) the certificate is not endorsed in accordance with subsection 8.7; or (c) the vessel becomes, or stops being, a registered Australian vessel. Note A new certificate for a vessel that becomes, or stops being, a regulated Australian vessel will not be issued until an issuing body is satisfied that the vessel complies with the requirements of Annex I. [19] Subsections 10.1 to 10.3 substitute 10.1 Form of certificate issued under section 319 of the Navigation Act A certificate issued under section 319 of the Navigation Act that relates to Annex I must be in the form of the International Oil Pollution Prevention Certificate set out in Appendix II of Annex I. Note The form of the certificate is the same for both non-foreign and foreign vessels. 10.2 Reporting of alterations to vessels For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and a recognised organisation must be informed of an alteration to a vessel is 7 days after the alteration is made. Note 1 An approved form for subsection 10.2 is available from AMSA's website: http://www.amsa.gov.au. For convenience, the approved form is reproduced in Schedule 1 as Form MO — 91/1. Note 2 For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19. 10.3 Marine incidents For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an IOPP certificate in force for the vessel is prescribed. Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA— see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports. Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act. [20] Subsection 11.7 substitute 11.7 Condition Assessment Scheme For this Order, a reference in the Condition Assessment Scheme to the Administration is to be read as a reference to the Manager, Ship Inspection and Registration. [21] Schedule 1 Form MO—91/1 substitute AUSTRALIA Form MO–91/1 Marine Order 91 (Marine pollution prevention — oil) 2006 NOTICE OF ALTERATION TO A VESSEL To: Manager, Ship Inspection and Registration Area Manager, Ship Safety Division, .............................. Recognised organisation that issued the certificate PARTICULARS TO BE NOTIFIED 1. Name of vessel. 2. Official number (if any). 3. Home port/port of registry. 4. Call sign. 5. Name of owner(s) or agent. 6. Address of principal place of business of owner or agent in Australia. 7. Date of issue and reference number of International Oil Pollution Prevention Certificate. 8. Description of nature and extent of alteration to the vessel (including date(s on which alterations, were commenced and completed). 9. Name and address of person or corporation effecting alteration 10. Reason(s) for, or cause(s) of, alteration. 11. Particulars of changes in the construction of the vessel. 12. Additional information (if any) affecting the compliance of the vessel with the provisions of Annex I (MARPOL). …............................................... (signature of master or owner) ........................................ (date) [22] Further amendments provision omit each mention of insert Section 1A 91, issue 5 91 (Marine pollution prevention — oil) 2006 Subsection 1.1.2 Division 12 of Part IV Chapter 4 Subsection 1.2.1 425(1) 339(1) Section 2, note 2 (Administration) (Administration) 2011 Section 2, note 2 * AMSA * Area Manager Section 2, note 2 Maritime Operations Ship Safety Section 2, note 2 * SOLAS. * SOLAS * STCW Code. Section 2, note 3 * STCW Convention * AMSA * survey authority * inspector * surveyor. * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011) * STCW Convention. Subsection 3.2 survey authority recognised organisation Subsection 3.4 ship vessel Subsection 4.1 subsection 267(2) section 12 Section 5 (Administration) (Administration) 2011 Subsection 5.1 ship vessel Section 5A (Administration) (Administration) 2011 Subsection 5A.4 ship vessel Section 7 ship vessel Section 8 ship vessel Subsection 8.8.3 This is a penal provision. Penalty: 50 penalty units. Subsection 9.4.2 ship vessel Subsection 9.4.2 survey authority recognised organisation Subsection 9.4.3 an Australian ship a non-foreign vessel Subsection 9.4.3 the ship the vessel Subsection 9.4.3 a ship a vessel Subsection 9.4.4 ship vessel Subsection 9.4.5, note ship vessel Subsection 11.6 ships vessels Schedule 39 Marine Orders Part 93, issue 5 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2006. [2] After subsection 1.2.1 insert 1.2.1ASubsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates. 1.2.1BSubsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force. 1.2.1CSubsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations. [3] Subsection 1.2.3 substitute 1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation. 1.2.4Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter for which provision may be made by regulation. [4] Section 2, heading substitute 2 Definitions In this Order: [5] Section 2, definitions of AMSA, Area Manager, General Manager and IMO omit [6] Section 2, definition of IPP certificate substitute IPP certificate (or International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk) means: (a) a pollution certificate relating to carriage of noxious liquids or oil issued under section 132 of the Navigation Act; or (b) a certificate relating to Annex II issued under section 319 of the Navigation Act. [7] Section 2, definitions of Manager, Environmental Protection Standards, Manager, Ship Inspections, MARPOL, Navigation Act, penal provision, Pollution Prevention Act, survey authority and surveyor omit [8] Section 2, at the foot insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * Area Manager * General Manager, Emergency Response Division * General Manager, Marine Environment Division * General Manager, Ship Safety Division * IMO * Manager, Marine Environment Standards * Manager, Ship Inspection and Registration * Manager, Ship Operations and Qualifications * MARPOL * Navigation Act * Pollution Prevention Act. Note 2 Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including, in the Navigation Act: * AMSA * inspector * master. * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011); and in the Pollution Prevention Act: * Australian ship * foreign ship. Note 3 Most provisions of this Order are expressed using terms used in the Navigation Act (for example, vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (for example, ship and Australian ship). An example of a provision using terms used in the Pollution Prevention Act is subsection 4.2. Note 4 Information on obtaining copies of IMO Resolutions or other documents mentioned in this Order is available on AMSA's website at http://www.amsa.gov.au or by email to international.relations@amsa.gov.au. [9] Subsection 3.4 omit [10] Subsection 4.1 omit everything after applies insert to: (a) a non-foreign vessel: (i) to which Annex II is expressed to apply; or (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and (b) a foreign vessel to which Annex II is expressed to apply. Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law. Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels. [11] After subsection 4.1 insert 4.1AFor subsection 4.1, each of the following is a non-foreign vessel: (a) a regulated Australian vessel; (b) a domestic commercial vessel; (c) a recreational vessel that has Australian nationality. [12] After section 4 insert 4A Vessels not required to have pollution certificate For sections 135 and 136 of the Navigation Act, a vessel for which a certificate of fitness mentioned in the BCH Code or the IBC Code is in force is not required to have an IPP Certificate. [13] Sections 5 and 6 substitute 5 Equivalents 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use, see subsection 5.4. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative. 5.4For this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) for a fitting, material, appliance or apparatus — fitting or carrying it in or on a vessel; and (b) for an arrangement or procedure — making the arrangement or following the procedure. Note 1 Marine Order 1 (Administration) 2011 deals with the following matters about equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. Note 2 Under subsection 334(1) of the Navigation Act, the Minister or AMSA may exempt a vessel or person from the application of the Navigation Act or a provision of the Navigation Act. 6 Review of decisions A decision under this Order, other than a decision under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note 1 A decision under section 5 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. Note 2 For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act. [14] After subsection 8.8.3 insert 8.8.4An offence against subsection 8.8.3 is a strict liability offence. 8.8.5A person is liable to a civil penalty if the person contravenes subsection 8.8.3. Civil penalty: 50 penalty units. 8.8.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.8.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia. Note Contact details for the RCC are provided in Form MO-93/2, set out in Schedule 1. 8.8.7If the vessel is at a port outside Australia, the master must, in addition to reporting under subsection 8.8.3, report the accident or defect to the appropriate authority of the country where the port is situated. [15] Subsection 9.1 substitute 9.1 Preliminary matters about IPP certificates 9.1.1For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have an IPP certificate. 9.1.2For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IPP certificate is specified for a vessel to which this Order applies. 9.1.3For section 132 of the Navigation Act (which enable criteria to be prescribed for the issue of a pollution certificate), the criteria for issue of an IPP certificate for a vessel are that the vessel: (b) has been surveyed in accordance with section 8; and (c) complies with the requirements that apply to it under section 8. 9.1.4For section 133 of the Navigation Act (which enable criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an IPP certificate for a vessel are that: (a) the vessel has been surveyed in accordance with section 8; and (b) complies with the requirements that apply to it under section 8; and (c) the variation is in accordance with subsections 9.4 and 9.5. 9.1.5The form of an IPP certificate is the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk set out in Appendix III of Annex II. [16] Subsection 9.2 omit ceasing to have effect at an earlier date in accordance with section 267S or section 267U of the Navigation Act. insert earlier revoked. [17] Subsection 9.2, at the foot insert Note See subsection 9.4 for circumstances in which an IPP certificate may be varied to extend its period of validity. [18] Subsection 9.4, heading substitute 9.4 Variation of certificate to extend validity [19] Subsection 9.6, including the note substitute 9.6 Criteria for revocation of certificate For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an IPP certificate for a vessel are that: (a) a survey required by section 8 at a particular time is not completed when required by section 8; or (b) the certificate is not endorsed in accordance with subsection 8.7; or (c) the vessel becomes, or stops being, a registered Australian vessel. Note A new certificate for a vessel that becomes, or stops being, a regulated Australian vessel will not be issued until an issuing body is satisfied that the vessel complies with the requirements of Annex II. [20] Subsections 10.1 to 10.3 substitute 10.1 Form of certificate issued under section 319 of the Navigation Act A certificate issued under section 319 of the Navigation Act that relates to Annex II must be in the form of the International Pollution Prevention Certificate set out in Appendix III of Annex II. Note The form of the certificate is the same for both non-foreign and foreign vessels. 10.2 Reporting of alterations to vessels For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and a recognised organisation must be informed of an alteration to a vessel is 7 days after the alteration is made. Note 1 An approved form for subsection 10.2 is available from AMSA's website: http://www.amsa.gov.au. For convenience, the approved form is reproduced in Schedule 1 as Form MO 93/1. Note 2 For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19. 10.3 Marine incidents For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an IPP certificate in force for the vessel is prescribed. Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA — see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports. Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act. [21] Appendix, Forms MO — 93/1 and MO — 93/2 omit Marine Orders, Part 93 (Marine Pollution Prevention —Noxious Liquid Substances) insert Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2006 [22] Appendix, Form MO—93/1 omit To: *Manager, Ship Inspections *Area Manager, Maritime Operations - ............... insert To: Manager, Ship Inspection and Registration Area Manager, Ship Safety Division — ............... Recognised organisation that issued the certificate [23] Further amendments provision omit each mention of insert Subsection 1.1.1 Part of Marine Orders Order Subsection 1.1.1, footnote 1 Marine Orders, Part 17 Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006 Subsection 1.1.2 The Part This Order Subsection 1.1.2 Division 12A of Part IV Chapter 4 Subsection 1.2.1 425(1) 339(1) Section 2, definitions of BCH Code and IBC Code Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers); Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006. Subsection 3.1 survey authority recognised organisation Subsection 3.2 Inspections Inspection and Registration Subsection 3.3 Part Order Subsection 3.3 ship vessel Subsection 4.1 subsection 267N(2) section 12 Subsection 4.1 Part Order Subsection 7.2 Part Order Section 8 ship vessel Section 8 ship's vessel's Paragraph 8.1(b) provisions subsections Subsection 8.5 8.2 subsection 8.2 Subsection 8.5 8.8 subsection 8.8 Subsection 8.6 8.8.3 subsection 8.8.3 Subsection 8.8.2 Inspections Inspection and Registration Subsection 8.8.3 Inspections Inspection and Registration Subsection 8.8.3 8.6 subsection 8.6 Subsection 8.8.3 This is a penal provision. Penalty: 50 penalty units. Paragraph 9.2(b) 9.3 subsection 9.3 Subsection 9.3 in 9.2 mentioned in subsection 9.2 Subsection 9.4 Inspections Inspection and Registration Subsections 9.4.2 and 9.4.4 ship vessel Subsection 9.4.2 survey authority recognised organisation Subsection 9.4.3 an Australian ship a non-foreign vessel Subsection 9.4.3 a ship a vessel Subsection 9.4.3 the ship the vessel Subsection 9.4.4 9.4.1 subsection 9.4.1 Subsection 9.4.5 9.3 subsection 9.3 Subsection 9.4.5, footnote 11 ship vessel Subsection 9.5 provision 8 section 8 Paragraph 10.4.2(a) Maritime Operations Ship Safety Division Paragraph 10.4.2(b) Maritime Safety and Environmental Strategy Marine Environment Division Paragraph 10.4.2(c) Response Response Division Paragraph 10.4.3(a) Inspections Inspection and Registration Paragraph 10.4.4(a) Maritime Operations Ship Safety Division Paragraph 10.4.4(b) Response Response Division Subsection 10.5, note the Appendix Schedule 1 Subsection 10.6.1 the Appendix Schedule 1 Subsection 11.1 Part Order Subsection 11.2.1 survey authority recognised organisation Paragraphs 11.2.1(b) and (c) Inspections Inspection and Registration Subparagraph 11.2.1(c)(i) an Australian registered ship a non-foreign vessel Subparagraph 11.2.1(c)(ii) foreign registered ship foreign vessel Paragraph 11.2.1(d) a surveyor an inspector Paragraph 11.2.1(d) 190 254 Subsection 11.2.2 a surveyor an inspector Subsection 11.2.2 ship vessel Subsection 11.2.2 ship's vessel's Subsection 11.3 ship vessel Subsection 11.3 ships vessels Appendix, heading Appendix Schedule 1 Appendix, Form MO—93/1 AN AUSTRALIAN SHIP A VESSEL Appendix, Form MO—93/1 ship vessel Appendix, Form MO—93/2 Maritime Operations Ship Safety Division Appendix, Form MO—93/2 Response Response Division [24] Further amendments — footnotes footnote instruction 1 Re-locate as a note at the foot of subsection 1.1.1 9 Re-locate as a note at the foot of subsection 7.1 10 Omit 11 Re-locate as a note at the foot of subsection 9.4.5 12 Re-locate as a note at the foot of subsection 9.6 13 Re-locate as a note at the foot of subsection 10.5 14 Re-locate as a note at the foot of subsection 10.9.1 15 Re-locate as a note at the foot of subsection 11.1 Note Footnotes not mentioned in this item are omitted as a consequence of the text to which they relate being omitted. [25] Further amendments — definitions Each definition in section 2 (other than the definition of IPP certificate) is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. Schedule 40 Marine Orders Part 94, issue 5 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009. [2] Subsection 1.2.1 substitute 1.2.1Subsection 339(1) of the Navigation Act provides for regulations 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. 1.2.1A Paragraph 340(1)(c) of the Navigation Act provides that the regulations may give effect to MARPOL. [3] Section 2, heading substitute 2 Definitions In this Order: [4] Section 2, definitions of AMSA and Deputy CEO omit [5] Section 2, definition of IMDG Code substitute IMDG Code means the International Maritime Dangerous Goods Code. Note The IMDG Code as currently in force is available from the IMO website at http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au. [6] Section 2, definitions of IMO, MARPOL, penal provision, surveyor, the Navigation Act and the Pollution Prevention Act omit [7] Section 2, note at the foot substitute Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: * IMO * MARPOL * Navigation Act * Pollution Prevention Act. Note 2 Other terms used in this Order are defined in the Navigation Act, including: * AMSA * inspector * International Maritime Dangerous Goods Code. Note 3 Information on obtaining copies of IMO resolutions and documents referred to in this Order is available from AMSA on AMSA's website at http://www.amsa.gov.au or by email to international.relations@amsa.gov.au. [8] Section 3 omit [9] Section 4 omit everything after applies insert to: (a) a non-foreign vessel: (i) to which Annex III is expressed to apply; or (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and (b) a foreign vessel to which Annex III is expressed to apply. Note The legislation mentioned provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law. 4.2For subsection 4.1, each of the following is a non-foreign vessel: (a) a regulated Australian vessel; (b) a domestic commercial vessel; (c) a recreational vessel that has Australian nationality. [10] Section 5 substitute 5 Review of decisions A decision under section 8 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. [11] After subsection 8.2.3 insert 8.2.4An offence against subsection 8.2.3 is a strict liability offence. 8.2.5A person is liable to a civil penalty if the person contravenes subsection 8.2.3. Civil penalty: 50 penalty units. [12] Further amendments — definitions Each definition in section 2 (other than the definition of IMDG Code) is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [13] Further amendments provision omit each mention of insert Subsection 1.1.1 Part of Marine Orders Marine Order Subsection 1.1.2 The Part This Order Subsection 1.1.2 Division 12B of Part IV Chapter 4 Subsection 1.2.3 Subsection 425(1AA) Subsection 342(1) Section 4 Subject 4.1 Subject Section 4 subsection 267ZB(2) section 12 Section 4 Part Order Subsection 6.1 subsection 267ZC paragraph 340(1)(c) Section 6, note surveyor inspector Subsection 7.4.1 the Appendix Schedule 1 Section 8 ship vessel Section 8 This is a penal provision. Penalty: 50 penalty units. Subsection 8.1, heading ships foreign vessels Subsection 8.1 a surveyor an inspector Subsection 8.1 the surveyor the inspector Subsection 8.2, heading ships foreign vessels Subsection 8.2.1 A surveyor An inspector Subsection 8.2.1 8.1 subsection 8.1 Subsection 8.2.2 surveyor inspector Subsection 8.2.3 8.2.1 subsection 8.2.1 Appendix, heading Appendix Schedule 1 Marine Pollutants Report Form Marine Pollutants Report Form Schedule 41 Marine Orders Part 96, issue 2 (section 3) [1] Before section 1 insert 1A Name of Order This Order is Marine Order 96 (Marine pollution prevention — sewage) 2009. [2] After subsection 1.2.1 insert 1.2.1ASubsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates. 1.2.1BSubsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force. 1.2.1CSubsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations. [3] Subsection 1.2.3 substitute 1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation. 1.2.4Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter for which provision may be made by regulation. [4] Section 2, heading substitute 2 Definitions In this Order: [5] Section 2, definitions of AMSA, Australian ship, Deputy CEO, IMO, Manager, Ship Inspections, MARPOL and penal provision omit [6] Section 2, definition of sewage certificate substitute ISPP certificate (or International Sewage Pollution Prevention Certificate) means: (a) a pollution certificate relating to sewage issued under section 132 of the Navigation Act; or (b) a certificate relating to Annex IV issued under section 319 of the Navigation Act. [7] Section 2, definitions of survey authority, the Navigation Act and the Pollution Prevention Act omit [8] Section 2, at the foot insert Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including: • Area Manager • General Manager, Maritime Operations Division • General Manager, Marine Environment Division • General Manager, Ship Safety Division • IMO • Manager, Marine Environment Standards • Manager, Ship Inspection and Registration • Manager, Ship Operations and Qualifications • MARPOL • Navigation Act • Pollution Prevention Act. Note 2 Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act including, in the Navigation Act: • AMSA • inspector • recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011) • regulated Australian vessel. Note 3 Most provisions of this Order are expressed using terms used in the Navigation Act (for example, vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (for example, ship). An example of a provision using terms used in the Pollution Prevention Act is subsection 10.4. Note 4 There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA's website at http:/www.amsa.gov.au or by email at international relations@amsa.gov.au. [9] Section 3 omit [10] Subsection 4.1 omit everything after applies insert to: (a) a non-foreign vessel: (i) to which Annex IV is expressed to apply; or (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and (b) a foreign vessel to which Annex IV is expressed to apply. Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law. Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels. [11] Subsection 4.2 substitute 4.2For subsection 4.1, each of the following is a non-foreign vessel: (a) a regulated Australian vessel; (b) a domestic commercial vessel; (c) a recreational vessel that has Australian nationality. [12] Sections 5 and 6 substitute 5 Equivalents 5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent. Note For definitions of equivalent and use — see subsection 5.4. 5.2The decision maker for the application is the Manager, Ship Inspection and Registration. 5.3The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative. 5.4For this section: equivalent means: (a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or (b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order. use, of an equivalent, includes: (a) for a fitting, material, appliance or apparatus — fitting or carrying it in or on a vessel; and (b) for an arrangement or procedure — making the arrangement or following the procedure. Note Marine Order 1 (Administration) 2011 deals with the following matters about equivalents: * making an application * seeking further information about an application * the time allowed for consideration of an application * imposing conditions on approval of an application * notification of a decision on an application * review of decisions. 6 Review of decisions A decision under this Order, other than a decision under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011. Note 1 A decision under section 5 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order. Note 2 Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 132, 133 and 134 of the Act relating to pollution certificates. [13] Subsection 8.5.3, note omit [14] After subsection 8.5.3 insert 8.5.4An offence against subsection 8.5.3 is a strict liability offence. 8.5.5A person is liable to a civil penalty if the person contravenes subsection 8.5.3. Civil penalty: 50 penalty units. 8.5.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.5.3 must be made through the Rescue Coordination Centre (RCC) Australia (telephone +61 2 6230 6811; fax +61 2 6230 6868). 8.5.7If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated. [15] Subsection 9.1 substitute 9.1 Preliminary matters about ISPP certificates 9.1.1For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have an ISPP certificate. 9.1.2For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an ISPP certificate is specified for a vessel to which this Order applies. 9.1.3For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for the issue of an ISPP certificate for a vessel are that the vessel: (a) complies with Regulation 4 of Annex IV; and (b) has been surveyed in accordance with section 8; and (c) complies with the requirements that apply to it under section 8. 9.1.4For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an ISPP certificate for a vessel are that: (a) the vessel has been surveyed in accordance with section 8; and (b) the vessel complies with the requirements that apply to it under section 8; and (c) the variation is in accordance with subsection 9.4. 9.1.5The form of an ISPP certificate is the International Sewage Pollution Prevention Certificate set out in the Appendix to Annex IV. Note A new certificate for a ship transferring to the Australian flag will not be issued until an issuing body is satisfied that the ship complies with Annex IV. [16] Subsection 9.2 omit ceasing to have effect at an earlier date in accordance with section 267ZJ or section 267ZL of the Navigation Act. insert earlier revoked. Note See subsection 9.4 for circumstances in which an ISPP certificate may be varied to extend its period of validity. [17] Subsection 9.4, heading substitute 9.4 Variation of certificate to extend validity [18] Subsection 9.5 substitute 9.5 Criteria for revocation of certificate For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an ISPP certificate for a vessel are that: (a) a survey required by section 8 at a particular time is not completed when required by section 8; or (b) the vessel to which it applies ceases to be registered in Australia. [19] Subsections 10.1 and 10.2 substitute 10.1 Reporting of alterations to vessels For paragraph 137(1)(c) of the Navigation Act, the period within which an issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made. Note An approved form for subsection 10.1 is available from AMSA's website: http://www.amsa.gov.au. For convenience, the approved form is also reproduced in Schedule 1 as Form MO —96/1. 10.2 Marine incidents For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an ISPP certificate in force for the vessel is prescribed. Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA— see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports. Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act. [20] After subsection 11.2.1 insert Note For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19. [21] After subsection 11.2.3 insert 11.2.4An offence against subsection 11.2.3 is a strict liability offence. 11.2.5A person is liable to a civil penalty if the person contravenes subsection 11.2.3. Civil penalty: 50 penalty units. [22] Appendix, Form MO—96/1 substitute AUSTRALIA Form MO96/1 Marine Order 96 (Marine pollution prevention — sewage) 2006 NOTICE OF ALTERATION TO VESSEL To: Manager, Ship Inspection and Registration Area Manager, Ship Safety Division............................................ Recognised organisation that issued the certificate PARTICULARS TO BE NOTIFIED 1. Name of vessel. 2. Official number (if any). 3. IMO number (if any). 4. Home port/port of registry. 5. Call sign. 6. Name of owner(s) or agent. 7. Address of principal place of business of owner or agent in Australia. 8. Date of issue and reference number of International Sewage Pollution Prevention Certificate. 9. Description of nature and extent of alteration to the vessel (including date(s) on which alterations were commenced and completed). 10. Name and address of person or corporation effecting alteration. 11. Reason(s) for, or cause(s) of alteration. 12. Particulars of changes in the construction of the ship. 13. Additional information (if any) affecting the compliance of the vessel with the provisions of Annex IV (MARPOL). …............................................... (signature of master or owner) ........................................ (date) [23] Further amendments — definitions Each definition in section 2 (other than the definition of ISPP certificate) is amended by: (a) omitting the concluding semi-colon and inserting a full stop; and (b) formatting the defined term in bold italic. [24] Further amendments provision omit each mention of insert Subsection 1.1 Part of Marine Orders Order Subsection 1.2.1 Section 267ZF Paragraph 340(1)(c) Subsection 1.2.2 425(1) 339(1) Subsection 4.1 subsection 267ZE(3) section 12 Subsections 4.1 and 4.3 Part Order Subsection 4.3 Provisions Sections Subsection 4.3 ship that is not an Australian ship foreign vessel Section 7 Inspections Inspection and Registration Subsection 7.1 ship vessel Subsection 7.1 survey authority recognised organisation Subsection 7.2 ship's vessel's Subsection 7.2 ships vessels Subsection 7.2.1 7.2.2 subsection 7.2.2 Section 8 ship vessel Paragraph 8.1(a) a sewage an ISPP Paragraph 8.1(b) 9.3 subsections 9.3 Paragraph 8.1(c) 8.4 subsection 8.4 Subsections 8.2 and 8.3 ship's vessel's Subsection 8.4 8.5.3 subsection 8.5.3 Subsection 8.5.2 Inspections Inspection and Registration Subsection 8.5.3 8.4 subsection 8.4 Subsection 8.5.3 Inspections Inspection and Registration Subsection 8.5.3 This is a penal provision. Penalty: 50 penalty units. Subsection 9.2 A sewage An ISPP Paragraph 9.2(b) 9.3 subsection 9.3 Subsection 9.3 9.2(b) paragraph 9.2(b) Subsection 9.4 Manager, Ship Inspections Manager, Ship Inspection and Registration Subsection 9.4 ship vessel Subsection 9.4.1 a sewage an ISPP Subsection 9.4.2 sewage ISPP Subsection 9.4.2 survey authority recognised organisation Subsection 9.4.3 a sewage an ISPP Subsection 9.4.4 A sewage An ISPP Subsection 9.4.4 9.4.1 subsection 9.4.1 Subsection 9.4.5 sewage ISPP Subsection 9.4.5 9.3 subsection 9.3 Section 11, subsection headings ships foreign vessels Section 11 ship vessel Subsections 11.1 and 11.2.2 the surveyor the inspector Paragraph 11.1(a) a surveyor an inspector Subsection 11.2.1 A surveyor An inspector Subsection 11.2.1 11.1 subsection 11.1 Subsection 11.2.3 11.2.1 subsection 11.2.1 Subsection 11.2.3 This is a penal provision. Penalty: 50 penalty units. Appendix, heading Appendix Schedule 1 Schedule 42 Marine Orders Part 97, issue 1 (section 3) [1] Paragraph 1.1(b) substitute (b) gives effect to Chapter 4 of the Navigation Act and prescribes matters for Division 2 of Part IIID of the Pollution Prevention Act. [2] After subsection 1.2.1 insert 1.2.1ASubsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates. 1.2.1BSubsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force. 1.2.1CSubsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations. [3] Subsection 1.2.3 substitute 1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation. 1.2.4Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation. [4] Section 2, heading substitute 2 Definitions 2.1In this Order: [5] Section 2, definition of Area Manager omit [6] Section 2, definition of IAPP Certificate, including the note substitute EIAPP certificate (or Engine International Air Pollution Prevention certificate) means: (a) a pollution certificate relating to air pollution or ozone depleting substances issued under section 132 of the Navigation Act for engines and equipment; or (b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for engines and equipment. Note For the form of certificate — see subsection 8.1A.6. IAPP certificate (or International Air Pollution Prevention certificate) means: (a) a pollution certificate relating to air pollution or ozone depleting substances issued under section 132 of the Navigation Act for a vessel; or (b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for a vessel. Note For the form of certificate — see subsection 8.1A.5. [7] Section 2, after the note insert Note 2 Some terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including: * AMSA * inspector * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011) * regulated Australian vessel. 2.2An EIAPP certificate for an engine installed on a vessel is taken to be issued for the vessel. 2.3A vessel is taken to have an EIAPP certificate if each engine installed on the vessel has an EIAPP certificate. [8] Subsection 4.1 omit everything after applies insert to: (a) a non-foreign vessel: (i) to which Annex VI is expressed to apply; or (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and (b) a foreign vessel to which Annex VI is expressed to apply. Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law. Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels. [9] After subsection 4.1 insert 4.1AFor subsection 4.1, each of the following is a non-foreign vessel: (a) a regulated Australian vessel; (b) a domestic commercial vessel; (c) a recreational vessel that has Australian nationality. [10] Subsection 7.8 substitute 7.8 Emission of nitrogen oxides from engines The requirements for the issue of an EIAPP certificate for engines and equipment are that the engines and equipment: (a) are surveyed in accordance with the NOx Technical Code 2008; and (b) are found to comply with Regulation 13 of Annex VI. Note See also IMO Resolution MEPC.103(49): Guidelines for on-board NOx verification procedure — direct measurement and monitoring method. [11] Section 7.9.3, note omit [12] After subsection 7.9.3 insert 7.9.4An offence against subsection 7.9.3 is a strict liability offence. 7.9.5A person is liable to a civil penalty if the person contravenes subsection 7.9.3. Civil penalty: 50 penalty units. 7.9.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 7.9.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia. Note Contact details for the RCC are: telephone: +61 (0)2 6230 6811; freecall: 1800 641 792 (within Australia); facsimile: +61 (0)2 6230 6868; AFTN: YSARYCYX; e‑mail: rccaus@amsa.gov.au. 7.9.7If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated. [13] Before subsection 8.1 insert 8.1A Preliminary matters about IAPP certificates 8.1A.1For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have: (a) an IAPP certificate; and (b) an EIAPP certificate for each engine installed on the vessel. 8.1A.2For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IAPP certificate and an EIAPP certificate are specified for a vessel to which this Order applies. 8.1A.3For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for issue of an IAPP certificate for a vessel are that the vessel: (a) complies with Regulation 5 of Annex VI; and (b) has been surveyed in accordance with section 7; and (c) complies with the requirements that apply to it under section 7. 8.1A.4For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an IAPP certificate for a vessel are that: (a) the vessel has been surveyed in accordance with section 7; and (b) the vessel complies with the requirements that apply to it under section 7; and (c) the variation is in accordance with subsections 8.3 and 8.4. 8.1A.5The form of an IAPP certificate is the International Air Pollution Prevention Certificate set out in Appendix I to Annex VI. 8.1A.6The form of an EIAPP certificate is the Engine International Air Pollution Prevention Certificate set out in Appendix I to the NOx Technical Code 2008. Note A new certificate for a ship transferring to the Australian flag will not be issued until an issuing body is satisfied that the ship complies with Annex VI. [14] Section 8, note before subsection 8.1 omit [15] Subsection 8.1 omit ceasing to have effect at an earlier date in accordance with section 267ZZ or section 267ZZB of the Navigation Act. insert earlier revoked. Note See subsection 8.1A.4 for circumstances in which an IAPP certificate may be varied to extend its period of validity. [16] Subsection 8.3, heading substitute 8.3 Variation of certificate to extend validity [17] Subsection 8.5 substitute 8.5 Criteria for revocation of certificate For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an IAPP certificate for a vessel are that: (a) a survey required by section 7 at a particular time is not completed when required by section7; or (b) the vessel to which it applies ceases to be registered in Australia. [18] After subsection 9.2.1 insert 9.2.1AAn offence against subsection 9.2.1 is a strict liability offence. 9.2.1BA person is liable to a civil penalty if the person contravenes subsection 9.2.1. Civil penalty: 50 penalty units. [19] After subsection 9.3.2 insert 9.3.2AAn offence against subsection 9.3.2 is a strict liability offence. 9.3.2BA person is liable to a civil penalty if the person contravenes subsection 9.3.2. Civil penalty: 50 penalty units. [20] After subsection 10.10 insert 10.11An offence against subsection 10.1, 10.4, 10.6, 10.7, 10.8, 10.9 or 10.10 is a strict liability offence. 10.12A person is liable to a civil penalty if the person contravenes subsection 10.1, 10.4, 10.6, 10.7, 10.8, 10.9 or 10.10. Civil penalty: 50 penalty units. [21] Subsection 11 substitute 11 Matters prescribed for the Navigation Act 11.1 Reports of alterations to vessels For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and an issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made. Note 1 An approved form for subsection 11.1 is available from AMSA's website: http://www.amsa.gov.au. For convenience, the approved form is reproduced in Schedule 1 as Form MO — 97/1. Note 2 For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19. 11.2 Marine incidents For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an EIAPP certificate or IAPP certificate in force for the vessel is prescribed. Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA— see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports. Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act. [22] Schedule 1, Form MO — 97/1 omit Marine Orders, Part 97 (Marine Pollution Prevention —Air Pollution) insert Marine Order 97 (Marine pollution prevention — air pollution) 2007 [23] Schedule 1, Form MO — 97/1 omit *Manager Ship Inspection and Registration *Area Manager, Maritime Operations -............. (* — delete which inapplicable) insert Manager, Ship Inspection and Registration Area Manager, Ship Safety — ............. Recognised organisation that issued the certificate............ [24] Further amendments provision omit each mention of insert Section 1A Orders Part 97, issue 1 Order 97 (Marine pollution prevention — air pollution) 2007 Subsection 1.1 Part of Marine Orders Order Subsection 1.2.1 425(1) 339(1) Subsection 1.2.1 Section 267ZV Paragraph 340(1)(c) Section 2, definition of NOx Technical Code Code Code 2008 Section 2, note Note Note 1 Section 2, note Part Order Section 2, note Marine Order 1, issue 2 Marine Order 1 (Administration) 2011 Section 2, note * AMSA * Area Manager Section 2, note * penal provision * Pollution Prevention Act. * survey authority. Subsection 3.1 ship vessel Subsection 3.1 survey authority recognised organisation Subsection 3.1 Inspections Inspection and Registration Subsection 3.1, note Part Order Section 4 Part Order Subsection 4.1 subsection 267ZU(2) section 12 Subsection 4.2 Provisions 7 and 8 of this Part Sections 7 and 8 Subsection 4.2 ship that is not an Australian ship foreign vessel Subsection 4.2 267ZX section 319 Section 5 ship vessel Paragraph 5.1(a) Part Order Subsection 5.2 Marine Order 1, issue 2 Marine Order 1 (Administration) 2011 Subsection 5.3 provision subsection Subsection 5.3, note Marine Order 1, issue 2 Marine Order 1 (Administration) 2011 Subsection 7.1 ship vessel Paragraph 7.1(b) provisions subsections Subsection 7.5 7.2 subsection 7.2 Subsection 7.5 7.9 subsection 7.9 Subsection 7.6 7.9.3 subsection 7.9.3 Subsection 7.6 ship vessel Subsection 7.9 ship vessel Subsection 7.9.3 7.6 subsection 7.6 Subsection 7.9.3 This is a penal provision Penalty: 50 penalty units Paragraph 8.1(b) 8.2 subsection 8.2 Subsection 8.2 8.1 subsection 8.1 Section 8.3 ship vessel Subsection 8.3.2 survey authority recognised organisation Subsection 8.3.3 an Australian ship a non-foreign vessel Subsection 8.3.4 8.3.1 subsection 8.3.1 Subsection 8.3.5 8.2 subsection 8.2 Subsection 8.4 7 section 7 Paragraph 8.4(b) provision 8 section 7 Subsection 9.1 Provisions Subsections Paragraph 9.1(b) provision subsection Subsection 9.2.1 This is a penal provision Penalty: 50 penalty units Subsection 9.2.1 ship vessel Subsection 9.2.1, table Ship Vessel Subsection 9.3, heading ships vessels Subsection 9.3.1 Provision Subsection Paragraph 9.3.1(c) ship vessel Subsection 9.3.2 This is a penal provision. Penalty: 50 penalty units. Subsection 9.3.3 provision subsection Subsection 9.3.4 Provision Subsection Subsection 9.3.4 ship vessel Subsection 9.4, heading ships vessels Subsection 9.4 provision subsection Subsection 9.4 an Australian ship a non-foreign vessel Subsection 9.5 Provisions Subsections Subsection 9.5 ship vessel Subsection 9.5 provisions subsections Subsection 9.6 ship vessel Subsection 9.6.1 Provisions Subsections Section 10 ship vessel Subsection 10.1 10.3 subsections 10.3 Subsection 10.1 10.2 subsection 10.2 Subsection 10.1 This is a penal provision Penalty: 50 penalty units Paragraph 10.2(b) survey authority recognised organisation Subsection 10.3 10.2 subsection 10.2 Subsection 10.3 an Australian ship a non-foreign vessel Subsection 10.4 This is a penal provision Penalty: 50 penalty units Subsections 10.6 to 10.9 10.2(a) paragraph 10.2(a) Subsections 10.6 to 10.10 This is a penal provision Penalty: 50 penalty units Schedule 1, Form MO— 97/1 AN AUSTRALIAN SHIP A VESSEL Schedule 1, Form MO— 97/1 ship vessel Note 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.  Delete as appropriate