15Certificates of survey

15 Certificates of survey

(1) In this section:

new certificate of survey means a certificate of survey issued by the National Regulator under section 38 of the National Law.

old certificate of survey means a certificate of survey (however described) issued for a commercial domestic vessel by the Commonwealth, a State or the Northern Territory:

(a) for a certificate in force immediately before 1 July 2013—before 1 July 2013; or
(b) for a certificate applied for before 1 July 2013, but for which the application was not finally determined by 1 July 2013—before 1 January 2014.

Note: Example

Note: Certificate of inspection (South Australia)

trigger date, for an old certificate of survey, means the earlier of:

(a) the date when any of the following occurs:
(i) the vessel is altered or modified to an extent that it must be reassessed against the construction, subdivision or stability standard that applies to it;
(ii) the vessel’s operations change, and as a result of the change, there is an increased level of risk;
(iii) the operational area for the vessel changes;
(iv) the certificate ceases under State or Northern Territory law; and
(b) 30 June 2016.

(2) For subsection 165(4) of the National Law: (a) an old certificate of survey mentioned in paragraph (a) of the definition of old certificate of survey is taken to be, in the period starting on 1 July 2013 and ending on the trigger date, a new certificate of survey; and (b) an old certificate of survey mentioned in paragraph (b) of the definition of old certificate of survey is taken to be, in the period starting on the date that the certificate is issued and ending on the trigger date, a new certificate of survey. (3) For subsection 165(3) of the National Law, the operation of section 38 of the National Law is taken to be modified by repealing paragraph (3)(a) and substituting the following paragraphs: (a) for a vessel issued with an old certificate of survey within the meaning of section 15 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013: (i) the conditions (if any) in relation to the design, construction, ongoing condition and maintenance of the vessel that applied to the old certificate of survey immediately before 1 July 2013 or, if the certificate was issued within 6 months of 1 July 2013, on the day that the certificate was issued; and (ii) either: (A) the survey requirements in relation to the design, construction, ongoing condition and maintenance of the vessel that applied to the vessel immediately before 1 July 2013 or, if the certificate was issued within 6 months of 1 July 2013, on the day that the certificate was issued; or (B) the conditions or requirements of section 4 of the National Standard for the Administration of Marine Safety, published by the National Marine Safety Committee, as existing from time to time, that are conditions or requirements for a certificate of survey; (ab) for a vessel mentioned in paragraph (a)—any transitional requirements of subsection C7A of the National Standard for Commercial Vessels that are relevant to the vessel; and (ac) for any other vessel—the conditions (if any) prescribed by the regulations; and (4) For subsection 165(3) of the National Law, the operation of section 38 of the National Law is taken to be modified by the insertion of the following note after subsection (3): Note for sub‑subparagraph(a)(ii)(B) The National Standard for the Administration of Marine Safety is located at . (5) For subsection 165(3) of the National Law, the operation of section 38 of the National Law is taken to be modified by repealing paragraph (5)(b) and substituting the following paragraph: (b) subject to subsection (6), remains in force until: (i) for a vessel issued with an old certificate of survey within the meaning of section 15 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013—the trigger date mentioned in subsection 15(1) of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013, unless it is revoked earlier; or (ii) for any other vessel—the day specified in the certificate, unless it is revoked earlier.