Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p5
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 5/16)
Character Range: 399543–402513

the foot
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Note 1   There are no terms specifically defined for this Order.
Note 2   Information on how to get a copy of an IMO document is available on AMSA's website http://www.amsa.gov.au, or by emailing international.relations@amsa.gov.au.
Note 3   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
           * IMO
           * Navigation Act
           * Manager, Ship Inspection and Registration
Note 3   Other terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * foreign vessel
           * inspector
           * Marine Order
           * recognised organisation
           * regulated Australian vessel
           * vessel.

[7] Subsection 3.4
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[8] Sections 4 to 6
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4 Application
       This Order applies to a vessel to which Chapter XII of SOLAS applies that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel:
 (i) in an Australian port; or
 (ii) entering or leaving an Australian port; or
 (iii) in the internal waters of Australia; or
 (iv) in the territorial sea of Australia, other than in the course of innocent passage.

5 Exemptions
       5.1A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3AMSA must not grant an exemption if it would contravene SOLAS.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:
         * making an application
         * seeking further information about an application
         * the time allowed for consideration of an application
         * imposing conditions on approval of an application
         * notification of a decision on an application
         * review of decisions.

6 Equivalents
       6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note   For definitions of equivalent and use — see subsection 6.4.
       6.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       6.3The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent:
(a) would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) would not contravene SOLAS.
       6.4In this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a