9Equivalents

9 Equivalents

(1) A requirement of this Marine Order, in relation to a regulated Australian vessel, is taken to be complied with if:

(a) AMSA, under this section, approves the use of an equivalent for the vessel in relation to the requirement; and

(b) the equivalent is used for the vessel in accordance with the approval.

(2) The owner of a regulated Australian vessel may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, to AMSA for approval to use an equivalent.

Note Marine Order 1 (Administration) 2013 deals with the following matters about equivalents:

Note: making an application

Note: seeking further information about an application

Note: the time allowed for consideration of an application

Note: imposing conditions on approval of an application

Note: notification of a decision on an application

Note: review of decisions.

(3) AMSA may approve use of an equivalent if satisfied that:

(a) the vessel has adequate arrangements to protect the working and living conditions of its seafarers; and

(b) for a vessel to which the Maritime Labour Convention applies — approving the use of the equivalent would not contravene paragraph 4 of Article VI of the Maritime Labour Convention.

Note for paragraph (a) An example of the circumstance when AMSA may consider approval of use of an equivalent is when a vessel is undertaking an overnight or delivery voyage.

Note for paragraph (b) Paragraph 4 of Article VI of the Maritime Labour Convention provides that an arrangement is equivalent if conducive to the full achievement of the general object and purpose of the MLC standard concerned.