5.1 Section 18 of the Navigation Act provides that a vessel is a special purpose vessel if it:
(a) is used or for use for a purpose specified in the regulations; and
(b) is specified by the regulations to be a special purpose vessel for section 18.
5.2 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.
5.3 Paragraph 339(2)(j) of the Navigation Act provides that regulations may make provision for or in relation to special purpose vessels.
5.4 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.
[2] Section 6, definitions of crew, existing ship, special personnel and special purpose ship safety certificate
existing vessel means a vessel constructed before 1 May 1987 other than a vessel that, after 30 April 1987, is modified resulting in any of the following:
(a) a change to the length, breadth or least moulded depth of the vessel;
(b) a change in the use or intended use of the vessel;
(c) a change in the vessel’s gross tonnage by more than 10%.
[3] Section 6, definition of SPS Code
SPS Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution MSC.266 (84), as in force from time to time.
[4] Section 6, notes 1, 2 and 3
Note 1 A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.
Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
special personnel
[5] Section 8
8 Application
This Order applies to a special purpose vessel that is:
(b) a foreign vessel on a voyage starting or ending at a port in Australia or an Australian Territory.
[6] Sections 9 and 10
9 Exemptions
9.1 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.
9.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
9.3 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
(b) giving the exemption would not contravene SOLAS or the SPS Code.
9.4 The master of the vessel must ensure that a copy of the exemption is kept on the vessel for the duration of each voyage to which the exemption applies.
9.5 An offence against subsection 9.4 is a strict liability offence.
9.6 A person is liable to a civil penalty if the person contravenes subsection 9.5.
10 Equivalents
10.1 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 10.4.
10.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
10.3 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
(b) approving use of the equivalent would not contravene SOLAS or the SPS Code.
10.4 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.
[7] Sections 12 and 13
12 Meaning of special purpose vessel
12.1 For paragraph 18(a) of the Navigation Act, it is a specified purpose that the vessel carries on board, in connection with the purpose of the vessel or work carried out on board the vessel, a person who is not any of the following:
(a) a passenger;
(b) a licensed pilot;
(c) a seafarer who is not special personnel;
(d) a child less than 1 year.
Note Uses for a special purpose vessel include drilling, laying cables, creating artificial islands, installing wind turbines and scientific exploration.
12.2 For paragraph 18(b) of the Navigation Act, a vessel is a special purpose vessel if it is self-propelled and, for its function, carries on board:
(a) at least 13 special personnel; or
(b) at least 13 special personnel or passengers of whom:
(i) at least 1 is special personnel; and
(ii) no more than 12 are passengers.
[8] Division 5
Division 5 Certificates
14 Certificates required for special purpose vessels
14.1 A special purpose vessel must have the following certificates:
(a) a special purpose ship safety certificate;
(b) each certificate required by a marine order because it is a cargo vessel.
14.2 For subsection 99(1) of the Navigation Act, a special purpose safety certificate is a safety certificate
15 Survey for special purpose vessels
A special purpose vessel must be surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006 as if it were a cargo vessel.
16 Issue of special purpose ship safety certificates
16.1 An issuing body may issue a special purpose ship safety certificate if:
(a) an application is made under section 99 of the Navigation Act for a special purpose vessel; and
(b) the special purpose vessel is surveyed and the issuing body is satisfied that:
(i) the special purpose vessel complies with the SPS Code; or
(ii) AMSA has decided, under section 11, that the special purpose vessel is taken to comply with the SPS Code.
16.2 The special purpose ship safety certificate is a safety certificate for subsection 99(1) of the Navigation Act.
16.3 The certificate must:
(a) be in the approved form; and
(b) specify a period of up to 5 years for which the certificate remains in force.
16.4 However, a vessel constructed before 1 January 2010 may use a special purpose ship safety certificate issued under Marine Orders Part 50, issue 4.
17 Issue of certificates of survey for cargo vessels
17.1 An issuing body may issue a certificate of survey for a cargo vessel relevant to its size and operation if:
(a) an application is made under section 99 of the Navigation Act for a safety certificate for a special purpose vessel; and
(b) the vessel is surveyed and the issuing body is satisfied that it complies with all the survey requirements mentioned in sections 8, 9, 10 and 13 of Marine Order 31 (Vessel surveys and certification) 2006.
17.2 The certificate of survey is a safety certificate for subsection 99(1) of the Navigation Act.
17.3 The certificate of survey must specify a period of up to 5 years for which the certificate remains in force.
Note 1 For the use of an approved form — See Marine Order 1 (Administration) 2011.