Sch 12Marine Orders Part 25, issue 7

Schedule 12 Marine Orders Part 25, issue 7

[1] Sections 1A and 1

  This Order is Marine Order 25 (Equipment — lifesaving) 2009.

(a) gives effect to Chapter III of SOLAS including the LSA Code; and

(b) prescribes matters for paragraphs 339(2)(b) and (g) of the Navigation Act.

 1.2.1 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.

 1.2.2 Paragraph 339(2)(b) of the Navigation Act provides that the regulations may provide for the machinery and equipment to be carried on board vessels for sending or receiving distress, urgency and other signals.

 1.2.3 Paragraph 339(2)(g) of the Navigation Act provides that the regulations may provide for the equipment to be carried on board vessels and the measures to be carried out, for the purpose of saving life at sea.

 1.2.4 Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.

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

[2] Section 2, definition of length

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[3] Section 2, definition of LSA Code

LSA Code means the International Life-Saving Appliance Code adopted by IMO Resolution MSC.48 (66), as in force from time to time.

Note   A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.

[4] Section 2, definition of surveyor

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[5] Section 2, note

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

[6] Section 4

 (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 However, this Order applies to a foreign vessel that is a vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter III of SOLAS.

 4.3  A cargo vessel that is converted to a passenger vessel is taken to be a passenger vessel constructed on the date when the conversion commences.

 4.4 If a provision of this Order requires or permits the appliances, equipment or arrangements of a vessel to comply with the USL Code, 1 or more requirements of this Order may be replaced by the corresponding requirements of the USL Code.