Marine Order 31 (SOLAS and non-SOLAS certification) 2019
22Criteria for variation of non-SOLAS certificates
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22 Criteria for variation of non-SOLAS certificates
(1) For subsection 101(1) of the Navigation Act, the criteria for variation of a non-SOLAS certificate are:
(a) the conditions on the certificate issued for the vessel have been complied with; and
(b) if the variation is for the harmonisation of survey frequency for a vessel that has both a Certificate of Survey for a Passenger Vessel and Certificate of Survey for a Cargo Vessel:
(i) the operational area stated on the Certificate of Survey for a Passenger Vessel is more restricted than the operational area stated on the Certificate of Survey for a Cargo Vessel; and
(ii) AMSA is satisfied that the replacement survey frequency is at least as effective as the survey frequency required under this Marine Order for a Certificate of Survey for a Passenger Vessel; and
(c) if the variation is an extension of the expiry date of the certificate — the vessel is of a kind mentioned in subsection (2).
Note A variation may also appear in the form of an endorsement on a certificate.
(2) For a variation that is an extension of the expiry date of the certificate — AMSA may extend the expiry date for the period and subject to the conditions specified in the following table.
| Item | Kind of vessel | Period | Conditions |
|---|---|---|---|
| 1 | A vessel that is not in the port where it is to be surveyed when the certificate expires | (a) A passenger vessel that is not self propelled and is engaged on short international voyages — up to 1 month from certificate expiry(b) Other vessels — 3 months from certificate expiry | (a) The vessel must travel only to the port where it is to be surveyed(b) The vessel must not leave the port where it is surveyed without a new certificate of the same kind |
| 2 | A cargo or passenger vessel that has completed a renewal survey but the new certificate cannot be issued or placed on board the vessel before expiry date of the existing certificate | Up to 5 months from certificate expiry | The existing certificate must be endorsed by the issuing body |
| 3 | A passenger vessel with certificate issued for a period less than 5 years | Up to 5 years from certificate commencement | Surveys and inspections are completed in accordance with this Marine Order as if the vessel were a cargo vessel |