Navigation Regulation 2013
10Application for acceptance of variation of Australian Border Force vessel management plan
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10 Application for acceptance of variation of Australian Border Force vessel management plan
(1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if: (a) either: (i) there is a significant change to the vessel; or (ii) there is a significant change to the operation of the vessel; and (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with. (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7. (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must: (a) be in writing; and (b) set out the variation; and (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2). (4) In this regulation:
significant change:
(a) for a vessel—means:
(i) a variation to a certificate issued for the vessel under the Act; or
(ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and
(b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).