2Definitions of words and phrases used in this Part

2 Definitions of words and phrases used in this Part

AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;

Annex IV means Annex IV of MARPOL;

Australian ship means:

(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality.

date of issue, in relation to a certificate, means:

(a) the date that the certificate is issued; or
(b) the date shown on the certificate as the date of issue for the purposes of Annex IV, being a date not earlier than the date on which the survey for the issue of the certificate was completed,

whichever is the earlier;

Deputy CEO means the person occupying the position of Deputy Chief Executive Officer, Maritime Operations in AMSA;

IMO means the International Maritime Organization;

Manager, Ship Inspections means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;

MARPOL has the same meaning as 'the Convention' in the Pollution Prevention Act;

Note: MARPOL is to be found in a Consolidated Edition, 2006, published by IMO. The text of Annex IV contained in the 2006 Consolidated Edition has been amended by IMO Resolutions MEPC.143(54) and MEPC.164 (56).

penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations 1980 or Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships)(Orders) Regulations 1994.

Note: Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person who fails to comply with a provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal provision is guilty of an offence and is punishable by a fine not exceeding 50 penalty units. The maximum penalty that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.

Note: Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations provides that a person must not fail to comply with a provision of an order, made under subsection 34(1) of the Pollution Prevention Act, that is expressed to be a penal provision. The penalty is 50 penalty units.