Sch 10Marine Orders Part 19, issue 4

Schedule 10 Marine Orders Part 19, issue 4

  This Order is Marine Order 19 (Tonnage measurement) 2003.

  This Order gives effect to the Tonnage Convention.

 1B.1 Paragraph 153(1)(a) of the Navigation Act provides that regulations may make provision giving effect to the Tonnage Convention.

 1B.2 Subsection 153(2) of the Navigation Act provides that regulations may provide for assigning tonnages to vessels and measuring of tonnage of vessels.

 1B.3 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 Navigation Act.

 1B.4 Subsection 342(1) of the Navigation Act provides for the making of orders for anything that can be made by the regulations.

[3] Section 2, definitions of AMSA, Australian Register of Ships, Chief Marine Surveyor, General Manager, IMO, MARPOL, passenger certificate, penal provision, Safety Convention, survey authority and Tonnage Measurement Convention

omit

[4] Section 2, at the foot

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

• Australian General Shipping Register

• Australian International Shipping Register

• Tonnage Convention.

[5] Subsection 3.4

omit

[6] Sections 4 and 5

  This Order applies to each of the following vessels:

(a) a vessel to which the Tonnage Convention applies;

(b) a vessel for which application is made for measurement for tonnage in accordance with this Order;

(c) a vessel to which section 159 of the Navigation Act applies;

(d) a vessel to which section 319 of the Navigation Act applies.

  A decision made under this Order by the Manager, Ship Inspection and Registration is a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

[7] Subsection 7.1, footnote 5

substitute as note to subsection 7.1

Note   The tonnage measurement function has generally been delegated to recognised organisations. The Manager, Ship Inspection and Registration may be able to advise on the operation of the function.

[8] After subsection 7.2.1

 7.2.1A An offence against subsection 7.2.1 is a strict liability offence.

 7.2.1B A person is liable to a civil penalty if the person contravenes subsection 7.2.1.