Sch 40Marine Orders Part 94, issue 5

Schedule 40 Marine Orders Part 94, issue 5

  This Order is Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009.

 1.2.1 Subsection 339(1) of the Navigation Act provides for regulations 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.

 1.2.1A  Paragraph 340(1)(c) of the Navigation Act provides that the regulations may give effect to MARPOL.

[4] Section 2, definitions of AMSA and Deputy CEO

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[5] Section 2, definition of IMDG Code

Note   The IMDG Code as currently in force is available from the IMO website at http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA’s website at http://www.amsa.gov.au.

[6] Section 2, definitions of IMO, MARPOL, penal provision, surveyor, the Navigation Act and the Pollution Prevention Act

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[7] Section 2, note at the foot

• Pollution Prevention Act.

• International Maritime Dangerous Goods Code.

Note 3   Information on obtaining copies of IMO resolutions and documents referred to in this Order is available from AMSA on AMSA’s website at http://www.amsa.gov.au or by email to international.relations@amsa.gov.au.

[8] Section 3

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[9] Section 4

  to:

 (i) to which Annex III is expressed to apply; or

(b) a foreign vessel to which Annex III is expressed to apply.

Note   The legislation mentioned provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.

 4.2 For subsection 4.1, each of the following is a non-foreign vessel:

[10] Section 5

  A decision under section 8 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

[11] After subsection 8.2.3

 8.2.4 An offence against subsection 8.2.3 is a strict liability offence.

 8.2.5 A person is liable to a civil penalty if the person contravenes subsection 8.2.3.

[12] Further amendments — definitions

  Each definition in section 2 (other than the definition of IMDG Code) is amended by: