16Certificates of operation

16 Certificates of operation

(1) In this section:

new certificate of operation means a certificate of operation issued by the National Regulator under section 48 of the National Law.

old certificate of operation means a certificate of operation (however described) or an authority that is not a certificate (however described), issued or given by the maritime safety authority of the Commonwealth, a State or the Northern Territory for a domestic commercial vessel, that entitled the vessel to operate under a law of the Commonwealth, a State or the Northern Territory:

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

Note: Examples of a certificate of operation

Note: Example (a): Certificate of inspection

Note: Example (b): Certificate of survey

Note: Example (c): Certificate of registration

Note: Example (d): Certificate of safe operation.

trigger date, for an old certificate of operation, 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 have changed to the extent that there is an increased level of risk;
(iii) the operational area for the vessel changes;
(iv) the certificate or authority ceases under the State or Northern Territory law; and
(b) 30 June 2016.

(2) For subsection 165(4) of the National Law: (a) an old certificate of operation mentioned in paragraph (a) of the definition of old certificate of operation is taken to be, in the period starting on 1 July 2013 and ending on the trigger date, a new certificate of operation; and (b) an old certificate of operation mentioned in paragraph (b) of the definition of old certificate of operation 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 operation. (3) For subsection 165(3) of the National Law, the operation of section 48 of the National Law is taken to be modified by repealing paragraph (4)(a) and substituting the following paragraph: (a) for a vessel issued with an old certificate of operation mentioned in subsection 16(2) of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013: (i) the conditions (if any) that applied to the certificate 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, including the conditions that applied in relation to the following matters: (A) the number of the crew required to be on board while the vessel is being operated; (B) the qualifications of the master and crew; and (ii) the requirements (if any) that applied to the certificate by operation of a provision of a law of the State or the Northern Territory 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 (iii) from 30 June 2014—if the vessel is a class 4 vessel, the operational requirements mentioned for a class 4 vessel in Part F of the National Standard for Commercial Vessels; and (iv) the limitations on the area of operation 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 (ab) for any other vessel—the conditions (if any) prescribed by the regulations; and Note for subparagraph (a)(iii): The operational requirements of Part F are those that require an operator to maintain a safety management plan or system. For example, in the National Standard for Commercial Vessels, Part F Section 2, clauses 5.4, 6.4, 7.4, 8.4, 9.4, 10.6 and B4 require the operators of different leisure craft (eg houseboats) to maintain safety management plans or systems tailored to their activities. (4) For subsection 165(3) of the National Law, the operation of section 48 of the National Law is taken to be modified by repealing paragraph (6)(b) and substituting the following paragraph: (b) subject to subsection(7), remains in force until: (i) for a vessel issued with an old certificate of operation within the meaning of section 16 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013—the trigger date mentioned in subsection 16(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. (5) For subsection 165(4) of the National Law, the following requirement is prescribed—for a vessel entitled to operate under a certificate of operation (however described), the certificate must be displayed in a prominent manner on the vessel, unless it is impracticable for the certificate to be displayed in this manner.