26Criteria for issue

26 Criteria for issue

(1) AMSA may issue an ACCL for a foreign vessel if satisfied that the criteria mentioned in subsection (3) are met.

(2) For paragraph 100(1)(b) of the Navigation Act, the criteria mentioned in subsection (3) are the criteria for the issue of an ACCL for a regulated Australian vessel.

(3) The criteria are that:

(a) an application has been made in accordance with section 24; and

(b) the vessel meets the criteria mentioned in section 25; and

(c) for a regulated Australian vessel — the vessel has any certificate or other document that it is required to have under the Navigation Act; and

(d) for a foreign vessel — the vessel has any SOLAS certificate that it is required to have by the administration of the country in which it is registered; and

(e) the vessel has been surveyed for an ACCL and the survey shows that:

(i) the vessel’s livestock structures, livestock equipment and arrangements for the carriage of livestock comply with this Order for the species to be carried; and

(ii) for bridge visibility — the vessel complies with, or, if it was constructed, or converted, for the carriage of livestock before 1 July 2000, substantially complies with, Regulation 22 of Chapter V of SOLAS; and

(iii) for fire protection, fire detection and fire extinction — the vessel complies with:

(A) at least the requirements set out in Chapter II-2 of SOLAS that apply to a vessel constructed after 30 September 1994; or

(B) for a five year period after 1 July 2018 — at least the requirements set out in Chapter II-2 of SOLAS that apply to a vessel constructed after 31 August 1984, and, after the end of that 5 year period — the requirements mentioned in subparagraph (A); and

(f) there is a documented maintenance program for the vessel’s livestock structures, livestock equipment and arrangements for the carriage of livestock.

(4) AMSA may issue an interim ACCL for a foreign vessel if satisfied that the criteria mentioned in subsection (6) are met.

(5) For paragraph 100(1)(b) of the Navigation Act, the criteria mentioned in subsection (6) are the criteria for the issue of an interim ACCL for a regulated Australian vessel.

(6) The criteria are that:

(a) an ACCL cannot be issued in time for the vessel to load; and

(b) the requirements of subsection (3) are met.