10Exemptions and equivalents

10 Exemptions and equivalents

 10.1 A person may apply for an exemption from a requirement of this Order, or for acceptance of an equivalent measure, in accordance with the application process set out in Marine Order 1 (Administration).

 10.2 The Manager, Ship Inspection and Registration may exempt a ship or class of ships from compliance with a provision of this Order to the extent and subject to the conditions that he or she determines.

 10.3 The Manager, Ship Inspection and Registration must not grant an exemption if it would contravene SOLAS.

 10.4 If this Order requires a particular fitting, material, appliance or apparatus, or a type of it, (an item) to be fitted or carried in a ship, or a particular provision to be made in a ship, the Manager, Ship Inspection and Registration may allow another item to be fitted or carried, or another provision to be made:

(a) if he or she is satisfied that the other item or provision:

 (i) is at least as effective as that required by this Order; and

 (ii) would not contravene SOLAS; and

(b) to the extent and subject to the conditions that he or she determines.

Note   Marine Order 1 (Administration) 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
•       notifying a decision on an application
•       review of decisions.