21Opt-in declaration — prescribed matters

21 Opt-in declaration — prescribed matters

 21.1 An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form.

Note 1   See section 20 for information about approved forms.

Note 2   AMSA may determine fees for processing applications — see section 47 of the AMSA Act.

 21.2 For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following:

(a) the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class;

(b) the vessel is not any of the following:

 (i) a recreational vessel;

 (ii) a Class 1E vessel;

 (iii) a Class 2D or 2E vessel;

 (iv) a Class 3B, 3C, 3D or 3E vessel;

 (v) a Class 4C, 4D or 4E vessel;

(c) if AMSA considers that the vessel must be inspected before making a decision on the application —the vessel has been inspected by an inspector;

(d) if the vessel is a Class 1B or 2B vessel —it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size;

(e) the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations.

Note 1   For paragraph (b), vessels are assigned a service category according to the nature of vessel’s use and operational areas — see clause 3.5.1 of Part B of the NSCV.

Note 2   Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 21.1, together with other things mentioned in subsection 25(2), before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters.

Note 3   For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.