Sch 37Marine Order 62, issue 1

Schedule 37 Marine Order 62, issue 1

[1] Sections 1 to 3

  This Order is Marine Order 62 (Government vessels) 2003.

  This Order sets out requirements about the following matters to be complied with by Government vessels to which the Navigation Act applies:

(a) survey requirements;

(b) certification requirements;

(c) logbook requirements;

(d) carriage of dangerous goods;

(e) stowage and carriage of cargo.

Note 1   For the kinds of Government vessels to which the Navigation Act does not apply (eg navy vessels) — see section 10 of the Act.

Note 2   AMSA or the Minister may exempt Government vessels from some or all of the Navigation Act and specify conditions for the exemption — see section 334 of the Navigation Act. An exemption is not a legislative instrument  — see subsection 334(4) of the Act.

2 Power

 2.1 Subsection 98(1) of the Navigation Act provides for regulations to be made for safety certificates.

 2.2 Subsection 130 provides for regulations to be made for pollution certificates.

 2.3 Subsection 112(4) of the Navigation Act provides for regulations about the carriage of cargo on a vessel.

 2.4 Subsection 112(5) provides that the regulations may provide for the loading, stowing or carriage of cargo in vessels.

 2.5 Subsection 112(6) of the Navigation Act provides for regulations about the carriage of dangerous goods.

 2.6 Subsection 309(2) of the Navigation Act provides for regulations about the keeping of logbooks.

 2.7 Subsection 339(1) of the Navigation Act provides for regulations about official logbooks to be kept by the masters of regulated Australian vessels.

 2.8 Subsection 342 of the Navigation Act provides that AMSA may make orders about any matter about which regulations may be made.

3 Definitions

length, for a vessel, has the same meaning as in the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 relating to the International Convention on Load Lines, 1966.

• USL Code

• Manager, Ship Inspection and Registration.

• Government vessel

[2] Subsection 4.1

 4.1 This Order applies to a regulated Australian vessel:

(a) that belongs to the Commonwealth or an agency of Commonwealth; or

(b) the beneficial interest in which is vested in the Commonwealth or an agency of the Commonwealth; or

(c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or an agency of the Commonwealth.