A decision under this Order, other than a decision under section 5 or 6, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1 A decision under section 5 or 6 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
Note 2 For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act about safety certificates for an FPSO or FSU — see section 313 of the Navigation Act.
[9] Subsection 7.1
7.1 The owner of an FPSO or FSU must ensure that the vessel has each certificate that a Marine Order requires a cargo vessel to have.
[10] After subsection 7.1
7.1A An offence against subsection 7.1 is a strict liability offence.
7.1B A person is liable to a civil penalty if the person contravenes subsection 7.1.
[11] After subsection 7.2
7.2A An offence against subsection 7.2 is a strict liability offence.
7.2B A person is liable to a civil penalty if the person contravenes subsection 7.2.
[12] After subsection 7.4.2
7.4.2A An offence against subsection 7.4.2A is a strict liability offence.
7.4.2B A person is liable to a civil penalty if the person contravenes subsection 7.4.2.
[13] Subsection 7.5
7.5 If the safety of an FPSO, FSU or a person on board an FPSO or FSU is endangered by the occurrence of a marine incident or a defect, other than in the production operations of the FPSO or FSU, the master must report the marine incident or defect:
(a) within 4 hours after the incident or defect happens — using the approved form for initial reporting of an incident; and
(b) within 72 hours after the incident or defect happens — using the approved form for detailed reporting of the incident.
Note 1 marine incident is defined in subsection 14(1) of the Navigation Act.
Note 2 It is an offence not to report a marine incident to AMSA in the approved form within the prescribed period — see section 186 of the Navigation Act.
7.5A An offence against subsection 7.5 is a strict liability offence.
7.5B A person is liable to a civil penalty if the person contravenes subsection 7.5.
[14] After subsection 7.6
7.7 An offence against subsection 7.6 is a strict liability offence.
7.8 A person is liable to a civil penalty if the person contravenes subsection 7.5.
[15] Section 8
8 Certificates of compliance
8.1 For subsection 99(1) of the Navigation Act, a certificate of compliance is a safety certificate.
8.2 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a certificate of compliance for an FPSO or FSU are as follows:
(a) an application has been made under section 99 of the Navigation Act to the issuing body for a certificate of compliance for the FPSO or FSU;
(b) the FPSO or FSU has been surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006;
(c) the FPSO or FSU complies with Schedule 1.
Note Marine Order 31 (Ship surveys and certification) 2006 sets out information about applying for safety certificates.
8.3 A certificate of compliance is valid for the same period as the cargo ship safety construction certificate for the vessel and must be endorsed each year in the same way.
Note For information about cargo ship safety construction certificates see Marine Order 31 (Ship surveys and certification) 2006.
8.4 For subsection 101(1) of the Navigation Act, the criteria for variation of a certificate of compliance for an FPSO or FSU are as follows:
(a) a written application has been made to the issuing body setting out the kind of variation applied for;
(b) the vessel has a cargo ship safety construction certificate issued by an issuing body;
(c) the vessel complies with the survey requirements mentioned in Marine Order 31 (Ship surveys and certification) 2006 that apply to the vessel;
(d) any surveys of the vessel required by the Manager, Ship Inspection and Registration are completed within the period mentioned in Marine Order 31 (Ship surveys and certification) 2006 for the survey;
(e) the vessel complies with any condition imposed by the Manager, Ship Inspection and Registration.
8.5 For section 102 of the Navigation Act, the criteria for revocation by an issuing body of a certificate of compliance for an FPSO or FSU are as follows:
(a) the vessel does not comply with Schedule 1;
(b) each required survey is not completed within the period mentioned in Marine Order 31 (Ship surveys and certification) 2006;
(c) the certificate is not endorsed by an issuing body in accordance with this Order;
(d) the vessel changes its country of registration;
(e) a criterion for revocation of a safety certificate other than a certificate of compliance issued for the FPSO or FSU is met;
(f) a safety certificate other than a certificate of compliance issued for the FPSO or FSU is revoked.
[16] After subsection 10.1.5
10.1.6 An offence against subsection 10.1.5 is a strict liability offence.
10.1.7 A person is liable to a civil penalty if the person contravenes subsection 10.1.6.
[17] After subsection 10.2
10.2.B A person is liable to a civil penalty if the person contravenes subsection 10.2.
[18] After subsection 10.3
10.3A An offence against subsection 10.3 is a strict liability offence.
10.3B A person is liable to a civil penalty if the person contravenes subsection 10.3.
[19] After subsection 10.4.1
10.4.1A An offence against subsection 10.4.1 is a strict liability offence.
10.4.1B A person is liable to a civil penalty if the person contravenes subsection 10.4.1.
[20] Further amendments
| Section 2, definitions of FPSO and FSU | ship | vessel |
| Section 2, definitions of FPSO and FSU | Marine Orders, Part 47, | Marine Order 47 (Mobile offshore drilling units) 2012 |
| Section 3 | Chief Marine Surveyor | Manager, Ship Inspection and Registration |
| Section 3 | survey authority | recognised organisation |
| Subsection 4.2 | this Part | this Order |
| Subsection 4.2 | Part of Marine Orders | Marine Order |
| Section 7, footnote 3 | classification society | recognised organisation |
| Section 7, footnote 3 | ship | vessel |
| Section 7, footnote 3 | Chief Marine Surveyor | Manager, Ship Inspection and Registration |
| Subsections 7.1 and 7.2 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 7.2 | issued under section 8 or the Safety Case | safety certificate or the safety case |
| Subsection 7.3 | Chief Marine Surveyor | Manager, Ship Inspection and Registration |
| Subsection 7.3 | ship’s | vessel’s |
| Subsection 7.3 | classification society | recognised organisation |
| Subsection 7.4.1 | Part | Order |
| Subsection 7.4.1 | a surveyor | an inspector |
| Subsection 7.4.1 | the surveyor | the inspector |
| Subsection 7.4.2 | 7.4.1. | subsection 7.4.1. |
| Subsections 7.4.2 and 7.6 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 7.6 | 5 of Marine Orders, Part 31 | Marine Order 31 (Ship surveys and certification) 2006 |
| Section 9 | Manager | Manager, Ship Operations and Qualifications |
| Section 9 | Regulation V/13 | Regulation 13 of Chapter V |
| Section 9, footnote 4 | these principles, | the principles contained in IMO Resolution A.890(21), |
| Subsection 10.1.5 | 10.1.1 | subsections 10.1.1 |
| Subsections 10.1.5, 10.2, 10.3 and 10.4.1 | This is a penal provision. | Penalty: 50 penalty units. |
| Paragraph 10.3(a), footnote 5 | 10.3. | subsection 10.3. |
| Subsection 10.4, heading | Crew members’ | Seafarers’ |
| Subsection 10.4.1 | Every crew member | Each seafarer |
| Subsection 10.4.1 | 10.3. | subsection 10.3. |
| Appendix, heading | Appendix Requirements | Schedule 1 Requirements (section 8) |
| Appendix, subclauses 1.2, 2.1.3, 2.3.2, 2.5.1 and 2.7.2 | Chief Marine Surveyor | Manager, Ship Inspection and Registration |
| Appendix, clause 3 | Marine Orders, Part 27 | Marine Order 27 (Radio equipment) 2009 |
| Appendix, clause 4 | ship’s | vessel’s |
[21] Further amendments — footnotes
| 3 | Relocate as a note at the foot of section 7 |
| 4 | Relocate as a note at the foot of section 9 |
| 5 | Relocate as a note at the foot of subsection 10.3 |
| 6 | Relocate as a note at the foot of Appendix, subclause 1.3 |
Section 6A - Marine Order 4 (Transitional modifications) 2013 - Review of decisions | Zoe