Sch 20Marine Orders Part 35, issue 2

Schedule 20 Marine Orders Part 35, issue 2

  This Order is Marine Order 35 (Additional safety measures for bulk carriers) 2006.

 1.2.1 Paragraph 340(1)(a) of the Navigation Act provides for regulations to be made to give effect to SOLAS.

 1.2.2 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.

 1.2.3 Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision must or may be made by regulations.

[4] Section 2, definitions of AMSA, General Manager, IMO, Manager, Ship Inspections, Navigation Act, penal provision and SOLAS

omit

[5] Section 2, note at the foot

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

Note 2   Information on how to get a copy of an IMO document is available on AMSA’s website http://www.amsa.gov.au, or by emailing international.relations@amsa.gov.au.

Note 3   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:

[7] Subsection 3.4

omit

[8] Sections 4 to 6

  This Order applies to a vessel to which Chapter XII of SOLAS applies that is:

 5.1 A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.

 5.3 AMSA must not grant an exemption if it would contravene SOLAS.

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

Note   For definitions of equivalent and use — see subsection 6.4.

 6.3 The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent:

(a) would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and

(b) would not contravene SOLAS.

 6.4 In this section:

(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or

(b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order.