5BReview of decisions

5B Review of decisions

  A decision under subsection 10.1 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

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

[5] Subsection 6.1

 6.1 For sections 103 and 104 of the Navigation Act, a sailing vessel must have a certificate of survey appropriate to the voyage.

Note 1    It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.

Note 2   In addition to a certificate of survey appropriate to the voyage, a sailing vessel may require certificates provided for in other Marine Orders. For example, Marine Order 31 (Ship surveys and certification) 2006, sets out requirements for sailing vessels with a gross tonnage of over 50 tons.

[6] Subsection 6.2, heading and note

omit

[7] After subsection 6.2

 6.2A For subsection 99(1) of the Navigation Act, a certificate of survey appropriate to the voyage is a safety certificate.

 6.2B For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a certificate of survey appropriate to the voyage are that:

(a) the vessel has been surveyed in accordance with Regulations 8 and 9 of Chapter I of SOLAS; and

(b) the vessel complies with subsections 6.3 and 6.4 and sections 7 to 9.

 6.2C For subsection 101(1) of the Navigation Act, the criteria for variation of a certificate of survey appropriate to the voyage are that:

(a) a written application is made to the issuing body, stating the nature of the variation; and

(b) the vessel has a valid certificate of survey appropriate to the voyage; and

(c) the vessel complies with the survey requirements of Regulations 8 and 9 of Chapter I of SOLAS; and

(d) the vessel undergoes any additional surveys required by the Manager, Ship Inspection and Registration; and

(e) the vessel complies with any conditions imposed by the Manager, Ship Inspection and Registration.

 6.2D For section 102 of the Navigation Act, the criteria for revocation of a certificate of survey appropriate to the voyage are that:

(a) the required surveys are not completed within the time periods mentioned in Regulations 8 and 9 of Chapter I of SOLAS; or

(b) the certificate is not endorsed in accordance with Marine Order 31 (Ship surveys and certification) 2006; or

(c)  the vessel ceases to be registered in Australia.

[8] After subsection 10.2