196Uniform Shipping Laws Code

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.