Schedule Sch 14 - Marine Order 4 (Transitional modifications) 2013 - Marine Order 28, issue 4

Sch 14Marine Order 28, issue 4

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Schedule 14 Marine Order 28, issue 4

[1] Section 4, at the foot

4.2 This Order also gives effect to SOLAS in relation to the safe navigation and operation of vessels.

[2] Subsection 5.3

5.3 Paragraph 340(1)(a) of the Navigation Act provides that the regulations may provide for giving effect to SOLAS.

[3] Section 6

6 Definitions

Note 1 There are no terms currently defined specifically for this Order.

Manager, Ship Operations and qualifications
owner (there is also a note about this term in Marine Order 1 (Administration) 2011)

[4] Section 7

7 Vessels to which this Order applies

7.1 This Order applies to a regulated Australian vessel.

7.2 This Order, other than subsection 9.4, sections 11 and 15 and subsections 17.4, 17.5 and 18.3, applies to a foreign vessel:

(a) in an Australian port; or

(b) entering or leaving an Australian port; or

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

Note 1 port includes a harbour — see Navigation Act, s 14(1).

Note 2 The provisions mentioned in subsection 7.2 impose specific requirements for regulated Australian vessels beyond the requirements of the STCW Convention and Code.

[5] After subsection 9.2

9.2A An offence against subsection 9.2 is a strict liability offence.

9.2B A person is liable to a civil penalty if the person contravenes subsection 9.2.

[6] After subsection 9.3

9.3A An offence against subsection 9.3 is a strict liability offence.

9.3B A person is liable to a civil penalty if the person contravenes subsection 9.3.

[7] After section 13

13.2 An offence against subsection 13.1 is a strict liability offence.

13.3 A person is liable to a civil penalty if the person contravenes subsection 13.1.

[8] Subsection 16.5, notes 1 and 2

Note 1 Under section 185 of the Navigation Act, the owner of a vessel must report marine incidents and dangers to navigation to AMSA. Under section 186 of the Navigation Act, the master of a vessel must report marine incidents and dangers to navigation to AMSA. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters in relation to reports under sections 185 and 186.

Note 2 Section 221 of the Navigation Act enables requirements to be prescribed for reporting about movements of vessels. Marine Order 63 (AUSREP) 2006 prescribes the requirements.