4 Review of decisions

4.1 Application to the Administrative Appeals Tribunal

Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Chief Marine Surveyor:

(a) not to allow a modification or variation under 3.1;
(b) not to allow exemption in relation to a MODU under 3.2;
(c) under 8.7.2, to require an inspection of a MODU prior to a tow, to prohibit a tow or to permit a tow subject to conditions;
(d) to specify a lesser period of validity for a certificate under 9.2.1;
(e) to cancel a certificate under 9.2.3(a);
(f) not to endorse a certificate under 9.3;
(g) relating to the exercise of a discretion under the 1979 MODU Code or the 1989 MODU Code.

4.2 Statements to accompany written notice of decisions

A person making a decision referred to in this Part may give to a person whose interests are affected by the decision a notice in writing of the decision. The notice must:

(a) include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision;
(b) except where subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under Section 28 of that Act.

4.3 Validity of decisions

Failure to comply with 4.2 in relation to a decision does not affect the validity of that decision.

5 Offences

5.1 Provisions 6.1, 6.2.1, 6.2.2, 6.2.3, 7, 8.1, 8.2.1, 8.2.2, 8.3, 8.4.1, 8.5.1, 8.5.2, 8.5.3, 8.6, 8.7.1, 8.7.3, 8.8.1, 8.8.2, 8.8.3, 8.8.4 and 8.9 are penal provisions.

5.2 Failure to comply with 6.1, 6.2.1, 8.2.1, 8.2.2 or 8.7.3 constitutes an offence by the owner and person-in-charge.

5.3 Failure to comply with 7, 8.3, 8.4.1, 8.5.1 or 8.6 constitutes an offence by the owner.

5.4 Failure to comply with 6.2.2, 6.2.3, 8.1, 8.8.1, 8.8.2, 8.8.3, 8.8.4 or 8.9 constitutes an offence by the person-in-charge.

5.5 Failure to comply with 8.7.1 constitutes an offence by the owner and agent.

5.6 Failure to comply with 8.5.2 or 8.5.3 constitutes an offence by the person concerned.

Note: Regulation 4 of the Navigation (Orders) Regulations provides:
'4. A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable on conviction:
(a) if the offender is a natural personby a fine not exceeding $2,000; or
(b) if the offender is a body corporateby a fine not exceeding $5,000.