This Order is Marine Order 49 (High-speed craft) 2009.
This Order gives effect to Chapter X of SOLAS, which deals with high-speed craft.
1B.1 Subsection 98(3) of the Navigation Act provides that the regulations for vessels included in a particular class may provide for safety certificates relating to the following matters:
(a) survey;
(b) construction;
(c) machinery and equipment;
(d) other matters relating to the safety of vessels.
1B.2 Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates.
1B.3 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1B.4 Paragraph 339(2)(a) of the Navigation Act provides that the regulations may provide for the design and construction of vessels.
1B.5 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.
1B.6 Paragraph 339(2)(i) of the Navigation Act provides that regulations may provide for the maintenance, testing, survey and certification of vessels.
1B.7 Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.
1B.8 Subsection 342(1) of the Navigation Act provides that AMSA may make an order for any matter for which regulations may provide.
[3] Section 2, definitions of 1994 HSC Code and 2000 HSC Code
1994 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.36 (63), as in force from time to time.
2000 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.97 (73), as in force from time to time.
[4] Section 2, definition of AMSA
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[5] Section 2, definition of DSC Code
DSC Code means the Code of Safety for Dynamically Supported Craft adopted by IMO Resolution A.373 (X), as in force from time to time.
[6] Section 2, definitions of General Manager, IMO, Manager, Ship Inspections, Navigation Act, penal provision and SOLAS
omit
[7] Section 2, note at the foot
issuing body
Note 3 Information on obtaining copies of IMO Resolutions or other documents mentioned in this Order is available on AMSA’s website at http://www.amsa.gov.au or by email to .
Note 4 A copy of each IMO resolution that adopts or amends a Code mentioned in this Order is available on AMSA’s website at http://www.amsa.gov.au.
[8] Subsection 3.2
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[9] Sections 5 to 7
5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
5A.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.
Note For definitions of equivalent and use — see subsection 5A.4.
5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
5A.4 In this section:
(a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of SOLAS, requires to be fitted or carried in a 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:
(i) this Order, or
(ii) SOLAS.
6 Issuing certificates
6.1 A vessel must be surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006.
6.2 The criterion for the issue of an HSC Safety Certificate incorporating a permit to operate is that the vessel complies with:
(a) for a vessel mentioned in paragraph 4(a) — the 2000 HSC Code; or
(b) for a vessel mentioned in paragraph 4(b) or (d) — the 1994 HSC Code.
6.3 The criterion for the issue of a DSC Construction and Equipment Certificate incorporating a permit to operate is that the vessel complies with the DSC Code.
Note Marine Order 31 (Ship surveys and certification) 2006 sets out information for applying for safety certificates.
6.4 An HSC Safety Certificate is a safety certificate for subsection 99(1) of the Navigation Act.
6.5 A DSC Construction and Equipment Certificate is a safety certificate for subsection 99(1) of the Navigation Act.
6.6 An HSC Safety Certificate must specify a period of up to 5 years for which the certificate remains in force.
6.7 A DSC Construction and Equipment Certificate must specify a period of up to 1 year for which the certificate remains in force.
7 Variation of certificates
7.1 The criteria for variation of an HSC Safety Certificate by extending the term of the certificate are that:
(a) the certificate was issued for a term of less than 5 years and a further survey is carried out for the vessel; or
(b) a renewal survey has been completed for the vessel but a new HSC Safety Certificate cannot be issued or placed on board the craft before the expiry date of the existing HSC Safety Certificate; or
(c) when the certificate expires, the vessel is not in the place where it is to be surveyed, and it is reasonable in the circumstances to extend the period of the certificate to allow the vessel to proceed to the place where it is to be surveyed.
7.2 If a certificate is extended in accordance with paragraph 7.1(a) the term of extension must not exceed 5 years from the date of issue of the certificate.
7.3 If a certificate is extended in accordance with paragraph 7.1(b) the term of extension must not exceed 5 months from the expiry date of the certificate.
7.4 If a certificate is extended in accordance with paragraph 7.1(c):
(a) the term of extension must not exceed 1 month from the expiry date of the certificate; and
(b) if the vessel has arrived at the place where it is to be surveyed, it must remain at that place until a new HSC Safety Certificate is issued; and
(c) a new certificate issued after the vessel is surveyed comes into effect when the original certificate expires.
7.5 The criteria for variation of a DSC Safety Certificate by extending the term of the certificate are that the survey and certification requirements mentioned in the DSC code are met.
7.6 The term of extension mentioned in subsection 7.5 must not exceed 1 year.
7A Revocation of certificates
7A.1 The criteria for revocation of an HSC certificate are that:
(a) the required surveys are not completed within the period mentioned in the relevant HSC Code; or
(b) the periodical surveys are not endorsed on the HSC Safety Certificate as required by the relevant HSC Code; or
(c) the vessel changes its country of registration.
7A.2 The criteria for revocation of a DSC certificate are that:
(a) the required surveys are not completed within the period mentioned in the DSC Code; or
(b) the vessel changes its country of registration.
7B Operation of vessel in accordance with code and certificate
7B.1 The master of a vessel must ensure that:
(a) the vessel is operated in accordance with the requirements of the 1994 HSC Code, the 2000 HSC Code or the DSC Code that apply to the vessel; and
(b) any conditions of the permit to operate incorporated in the HSC Safety Certificate or the DSC Construction and Equipment Certificate issued for the vessel are complied with.
7B.2 An offence against subsection 7B.1 is a strict liability offence.
7B.3 A person is liable to a civil penalty if the person contravenes subsection 7B.1.
| Section 4 | international | overseas |
| Paragraphs 4(a), (b) and (c) | ship | vessel |
| Paragraph 4(c) | (d) | paragraph (d) |
| Paragraph 4(d) | ship registered in Australia and | regulated Australian vessel |