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Marine Act 1981
196Uniform Shipping Laws Code
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196 Uniform Shipping Laws Code
(1) The Regulations may apply, adopt or incorporate by reference all or
any of the provisions of the Uniform Shipping Laws Code, with or
without modification.
(2) The provisions of the Uniform Shipping Laws Code incorporated in
Regulations have effect as if made by the Regulations and have
effect, with such modifications as are necessary to give effect to the
Uniform Shipping Laws Code, according to their tenor.
(3) Subject to subsection (4), the power under subsection (1) to apply,
adopt or incorporate the Uniform Shipping Laws Code includes the
power to apply, adopt or incorporate the Code as amended from
time to time by the Ministerial Council.
(4) Amendments referred to in subsection (3) do not take effect until
notice of the amendments is published in the Gazette.
(5) The Regulations may make provision, not inconsistent with this Act,
for or with respect to the interpretation and enforcement of the
Uniform Shipping Laws Code.
(6) Where the Uniform Shipping Laws Code as applied, adopted or
incorporated by reference:
(a) requires that a matter or thing provided by the Uniform
Shipping Laws Code must be carried out or done to the
satisfaction of an Authority or as is directed or approved by an
Authority, that matter or thing must be carried out or done to
the satisfaction of the Director or a surveyor, shipping
inspector or shipping officer approved by the Director or a
shipping inspector appointed under this Act; and
(b) leaves any matter or thing to be done, determined, applied,
dispensed with or regulated by an Authority, that matter or
thing may be done, determined, applied, dispensed with or
regulated by the Director or a shipping inspector appointed
under this Act; and
(c) provides that an Authority has a discretionary authority in
relation to a matter provided for in the Uniform Shipping Laws
Code, that discretionary authority may be exercised by the
Director or by a shipping inspector appointed under this Act.
Marine Act 1981 49
(7) A reference in this section to the Uniform Shipping Laws Code
includes a reference to:
(a) the National Standard for Commercial Vessels or any other
document issued by the International Maritime Organisation;
and
(b) the International Convention for the Safety of Life at Sea; and
(c) any Australian Standard.