Div 1Initial modification

Division 1 Initial modification

[1]  Before section 1

Division 1 Preliminary

  This Order is Marine Order 16 (Load Lines) 2004.

[2]  Subsection 1.2

 1.2.1 Section 98 of the Navigation Act provides that the regulations may provide for safety certificates including giving effect to the Load Lines Convention.

 1.2.2  Subsection 309(2) of the Navigation Act provides that the regulations may provide for the keeping of logbooks.

 1.2.3 Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates.

 1.2.4  Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 1.2.5  Paragraph 340(1)(d) of the Navigation Act provides that the regulations may provide for giving effect to the Load Lines Convention.

 1.2.6  Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which regulations may provide.

[3]  Section 2

2  Definitions

assigning authority means:

(a) for a vessel whose freeboard is assigned by a recognised organisation — the recognised organisation; or

(b) for any other vessel — the Manager, Ship Inspection and Registration.

Note 2   Other terms used in this Order are defined in the Navigation Act, including:

• Load Lines Convention

Note 3   Information on obtaining copies of IMO documents mentioned in this Order is available from AMSA’s website at http://www.amsa.gov.au or by email at international.relations@amsa.gov.au.

[4] Subsection 3.4

omit

[5] Sections 4 to 6

4  Application

(a)  a regulated Australian vessel;

(b)  a foreign vessel:

 (i)  in an Australian port; or

 (ii)  entering or leaving an Australian port; or

 (iii)  in the internal waters of Australia; or

 (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

 4.2  This Order does not apply to a fishing vessel.

 5.1   A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent.

 5.3  The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.