(a) makes provision for the certification of vessels engaged in the carriage of livestock cargoes; and
(b) specifies requirements concerning the stowage and carriage of such cargoes for the safe operation of vessels.
1B.1 Section 98 of the Navigation Act provides that the regulations may provide for safety certificates.
1B.2 Subsection 112(4) of the Navigation Act provides that the regulations may provide for the carriage on a vessel of cargo and livestock.
1B.3 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1B.4 Paragraph 339(2)(i) of the Navigation Act provides that the regulations may provide for maintenance, testing, survey and certification of vessels.
1B.5 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for which provision may be made by regulation.
[3] Section 2, definitions of AMSA and classification society
omit
[4] Section 2, definitions of General Manager and IMO
Note The IMDG Code as currently in force is available from the IMO — see http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA’s website at http://www.amsa.gov.au.
[5] Section 2, definitions of Manager, Ship Inspections, MARPOL 73/78, Navigation Act, operator, penal provision, SOLAS and surveyor
omit
[6] Section 2, at the foot
Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
Note 2 Other terms used in this Order are defined in the Navigation Act, including:
International Maritime Dangerous Goods Code.
[7] Subsection 3.4
omit
[8] Sections 4 to 6
4 Application
(a) a regulated Australian vessel on which it is intended to take on, that is taking on, has on board or is carrying livestock between ports, wherever those ports are located; and
(b) a foreign vessel on which it is intended to take on, that is taking on, or has on board livestock at any port in Australia or that is carrying livestock to sea from any port in Australia.
4.2 However, this Order does not apply to a vessel if:
(a) it arrives at a port in Australia carrying livestock loaded at a port outside Australia; and
(b) an inspector is satisfied that the provisions of this Order are being substantially complied with for the livestock.
5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for the modification of a requirement of this Order, other than a requirement of subsection 10.5.
5.3 The Manager, Ship Inspection and Registration may allow a modification only if he or she is satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) allowing the modification would not contravene SOLAS.
Note Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and other matters mentioned in it:
5A.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note For definitions of equivalent and use — see subsection 5A.4.
5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS; and
(c) approving the equivalent would not contravene subsection 10.5.
5A.5 In this section:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order.
A decision under subsections 7.3.1, 21.4, 24.4, 32.2, 34.3.2, 37.9 or 38.1 of this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions made under sections 100, 101 and 102 of the Act relating to safety certificates.
[9] After subsection 7.1.1
7.1.1A An offence against subsection 7.1.1 is a strict liability offence.
7.1.1B A person is liable to a civil penalty if the person contravenes subsection 7.1.1.
[10] After subsection 7.1.2
7.1.2A An offence against subsection 7.1.2 is a strict liability offence.
7.1.2B A person is liable to a civil penalty if the person contravenes subsection 7.1.2.
[11] Subsection 7.2, footnote 6
substitute and move to foot of subsection 7.2
Note 3 For paragraph (h), section 186 of the Navigation Act requires the master of a vessel to report to AMSA if the vessel has been involved in a marine incident that has affected, or is likely to affect, the safety, operation or seaworthiness of the vessel.
[12] After subsection 7.3.2
7.3.2A An offence against subsection 7.3.2 is a strict liability offence.
7.3.2B A person is liable to a civil penalty if the person contravenes subsection 7.3.2.
[13] After subsection 7.5.1
7.5.1A An offence against subsection 7.5.1 is a strict liability offence.
7.5.1B A person is liable to a civil penalty if the person contravenes subsection 7.5.1.
[14] After subsection 7.5.2
7.5.2A An offence against subsection 7.5.2 is a strict liability offence.
7.5.2B A person is liable to a civil penalty if the person contravenes subsection 7.5.2.
[15] After subsection 7.6.1
7.6.1A An offence against subsection 7.6.1 is a strict liability offence.
7.6.1B A person is liable to a civil penalty if the person contravenes subsection 7.6.1.
[16] After subsection 7.6.2
7.6.2A An offence against subsection 7.6.2 is a strict liability offence.
7.6.2B A person is liable to a civil penalty if the person contravenes subsection 7.6.2.
[17] Section 8, footnote 10
omit
[18] Subsections 10.1 to 10.3.1
10.1.1 For subsection 99(1) of the Navigation Act, an Australian certificate for the carriage of livestock is a safety certificate.
10.1.2 A vessel must have the following surveys:
(a) a survey for an Australian certificate for the carriage of livestock; and
(c) within 12 months after the issue of an Australian certificate for the carriage of livestock, and each 12 months after that until the certificate ceases to have effect — an annual survey for endorsement of the vessel’s Australian certificate for the carriage of livestock.
10.1.3 For sections 103, 104, 106 or 107 of the Navigation Act, a vessel must have an Australian certificate for the carriage of livestock in accordance with Form 1 of Schedule 1.
Note It is an offence under sections 103, 104, 106 and 107 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.
10.1.4 An Australian certificate for the carriage of livestock is in effect for 5 years or a lesser time determined by the Manager, Ship Inspection and Registration.
Note The expiry date of the certificate will normally be aligned with the expiry date of the vessel’s Cargo ship safety construction certificate, and the survey for annual endorsement of the Australian certificate for the carriage of livestock should be carried out, as far as practical, at the same time as the survey for the annual endorsement of the Cargo ship safety construction certificate.
10.1.5 After an Australian certificate for the carriage of livestock ceases to have effect, the vessel must be surveyed again in accordance with subsection 10.1.2.
10.2 Issuing criteria
10.2.1 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an Australian certificate for the carriage of livestock are that:
(a) the information mentioned in Schedule 2 is given in writing to the Manager, Ship Inspection and Registration; and
(b) the information mentioned in Schedule 2A is given in writing to the Manager, Ship Inspection and Registration; and
(c) the survey for the Australian certificate for the carriage of livestock shows that the vessel complies with this Order; and
(d) the livestock fittings, livestock equipment and arrangements for the carriage of livestock of the vessel:
(i) comply with this Order for the species sought to be carried; or
(ii) are of a standard that is at least equivalent to those required by this Order; or
(iii) if the ship carried livestock from Australia before 1 July 1983 — are of a standard substantially in compliance with this Order; and
(e) the ship complies with, or, if it was constructed or converted for the carriage of livestock before 1 July 2000, substantially complies with, the bridge visibility requirements of Regulation 22 of Chapter V of SOLAS; and
(f) issue of the certificate is not prohibited by subsection 10.5.
10.2.2 The information mentioned in paragraphs 10.2.1(a) and (b) must be in English or accompanied by an English translation.
10.2.3 A copy of the information mentioned in paragraphs 10.2.1(a) and (b) must be kept on the vessel.
Variation criteria
10.3.1 For section 101 of the Navigation Act, the criteria for the variation of an Australian certificate for the carriage of livestock are that:
(a) a written application for a variation of the certificate is made to the issuing body, specifying the nature of variation sought; and
(b) the vessel complies with the survey requirements that apply to it; and
(c) the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and
(d) the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration.
Revocation criteria
10.3.1A For section 102 of the Navigation Act, the criteria for revocation of an Australian certificate for the carriage of livestock are that:
(a) a safety certificate required by the vessel under Marine Order 31 (Ship surveys and certification) 2006 becomes invalid; or
(b) a survey for endorsement of the Australian certificate for the carriage of livestock has not been satisfactorily completed within 3 months after its anniversary date; or
(c) a requirement of paragraph 10.2.1(d), (e) or (f) is no longer met for the vessel; or
(d) the arrangements for the carriage of livestock are substantially changed as set out in subsection 10.6.3; or
(e) the arrangements for the carriage of livestock are modified as set out in subsection 10.6.4 and the modifications do not comply with the requirements of this Order for the construction of livestock structures and pens; or
(f) the person with overall general control and management of the vessel changes; or
(g) after 30 November 2011 — the vessel does not meet the requirements of SOLAS that apply to a vessel constructed after 31 August 1984.
Note For paragraph 10.3.1A(f), the person with overall general control and management of the vessel is the person identified as operator in the Document of Compliance issued under the ISM Code.
[19] Subsections 10.6.1 and 10.6.2
omit
[20] After subsection 10.6.5
10.6.5A An offence against subsection 10.6.5 is a strict liability offence.
10.6.5B A person is liable to a civil penalty if the person contravenes subsection 10.6.5.
[21] Subsection 10.7
omit
[22] After subsection 10.8
10.8A An offence against subsection 10.8 is a strict liability offence.
10.8B A person is liable to a civil penalty if the person contravenes subsection 10.8.
[23] After subsection 10.9
10.9A An offence against subsection 10.9 is a strict liability offence.
10.9B A person is liable to a civil penalty if the person contravenes subsection 10.9.
[24] After subsection 10.10
10.10A An offence against subsection 10.10 is a strict liability offence.
10.10B A person is liable to a civil penalty if the person contravenes subsection 10.10.
[25] After subsection 10.11
10.11A An offence against subsection 10.11 is a strict liability offence.
10.11B A person is liable to a civil penalty if the person contravenes subsection 10.11.
[26] After subsection 11.1
11.1A An offence against subsection 11.1 is a strict liability offence.
11.1B A person is liable to a civil penalty if the person contravenes subsection 11.1.
[27] After subsection 11.2
11.2A An offence against subsection 11.2 is a strict liability offence.
11.2B A person is liable to a civil penalty if the person contravenes subsection 11.2.
[28] After subsection 13.3
13.3A An offence against subsection 13.3 is a strict liability offence.
13.3B A person is liable to a civil penalty if the person contravenes subsection 13.3.
[29] After subsection 14.3.3
14.3.3A An offence against subsection 14.3.3 is a strict liability offence.
14.3.3B A person is liable to a civil penalty if the person contravenes subsection 14.3.3.
[30] After subsection 15.5
15.5A An offence against subsection 15.5 is a strict liability offence.
15.5B A person is liable to a civil penalty if the person contravenes subsection 15.5.
[31] After subsection 29.8.2
29.8.2A An offence against subsection 29.8.2 is a strict liability offence.
29.8.2B A person is liable to a civil penalty if the person contravenes subsection 29.8.2.
[32] After subsection 35.5.3
35.5.3A An offence against subsection 35.5.3 is a strict liability offence.
35.5.3B A person is liable to a civil penalty if the person contravenes subsection 35.5.3.
[33] After subsection 35.7
35.7A An offence against subsection 35.7 is a strict liability offence.
35.7B A person is liable to a civil penalty if the person contravenes subsection 35.7.
[34] After subsection 36.1
36.1A An offence against subsection 36.1 is a strict liability offence.
36.1B A person is liable to a civil penalty if the person contravenes subsection 36.1.
[35] After subsection 36.2
36.2A An offence against subsection 36.2 is a strict liability offence.
36.2B A person is liable to a civil penalty if the person contravenes subsection 36.2.
[36] After subsection 37.1
37.1A An offence against subsection 37.1 is a strict liability offence.
37.1B A person is liable to a civil penalty if the person contravenes subsection 37.1.
[37] After subsection 37.4
37.4A An offence against subsection 37.4 is a strict liability offence.
37.4B A person is liable to a civil penalty if the person contravenes subsection 37.4.
[38] After subsection 37.7
37.7A An offence against subsection 37.7 is a strict liability offence.
37.7B A person is liable to a civil penalty if the person contravenes subsection 37.7.
[39] After subsection 37.10
37.10A An offence against subsection 37.10 is a strict liability offence.
37.10B A person is liable to a civil penalty if the person contravenes subsection 37.10.
[40] After subsection 38.2
38.2A An offence against subsection 38.2 is a strict liability offence.
38.2B A person is liable to a civil penalty if the person contravenes subsection 38.2.
[41] Appendix 1, forms 1 and 4
omit
Name and address of operator
Name and address of person with overall general control and management of the vessel
Note This is the person identified as operator in the Document of Compliance issued under the ISM Code.