Sch 34Marine Orders Part 58, issue 2

Schedule 34 Marine Orders Part 58, issue 2

[1] Before subsection 1.1

1.1A  Section 98 of the Navigation Act provides that regulations may make provision in relation to safety certificates.

1.1B  Section 314 of the Navigation Act provides that regulations may provide for particular matters relating to certificates.

[3] Section 2, definitions of AMSA, General Manager and IMO

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[4] Section 2, definitions of Manager, penal provision and SOLAS

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[5] Section 2, at the foot

• Government vessel

[6] Sections 4 to 8

 4.1 This Order applies to a vessel, to which Regulation 2 of Chapter IX of SOLAS applies, that is:

 (i) in an Australian port;

 (ii) entering or leaving an Australian port;

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

 4.2 This Order also applies to a company owning, operating or managing the vessel.

 4.3 However, this Order does not apply to a Government vessel.

 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, or an operating company, from:

(a) a requirement of this Order; or

(b) a provision of the ISM Code.

 5.2 The decision maker for the application is the Manager, Ship Operations and Qualifications.

 5.3 The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that:

(a) compliance with the requirement or provision would be unnecessary or unreasonable; and

(b) giving the exemption would not contravene SOLAS or the ISM Code.

 5A.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.

 5A.2 The decision maker for the application is the Manager, Ship Operations and Qualifications.

 5A.3 The Manager, Ship Operations and Qualifications 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 or provision to which the equivalent is an alternative; and

(b) approving use of the equivalent would not contravene SOLAS or the ISM Code.

 5A.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