Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:6:p4
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 6 (pt 4/14)
Character Range: 717872–720694

vessel construction or equipment issued under section 132 of the Navigation Act; or
(b) a certificate relating to Annex I issued under section 319 of the Navigation Act.

[6] Section 2, definition of STCW Code
omit

[7] Section 2, note 1
omit

[8] Section 2, note 2
omit
             * penal provision

[9] Section 2, after note 3
insert
Note 4   Some expressions used in this Order are defined in the Pollution Prevention Act, including:
             * Australian ship
             * foreign ship.
Note 5   Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel).  However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (eg ship and Australian ship).  An example of a provision using terms used in the Pollution Prevention Act is subsection 4.2.

[10] Subsection 4.1
omit everything after
applies
insert
       to:
(a) a non-foreign vessel:
 (i) to which Annex I is expressed to apply; or
 (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex I is expressed to apply.
Note 1   The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
     Note 2   A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.

[11] After subsection 4.1
insert
       4.1AFor subsection 4.1, each of the following is a non-foreign vessel:
       (a) a regulated Australian vessel;
       (b) a domestic commercial vessel;
       (c) a recreational vessel that has Australian nationality.

[12] Section 6
substitute

     6 Review of decisions
       6.1A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
     Note 1   A decision under section 5 or 5A is a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
     Note   Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 132, 133 and 134 of the Act relating to pollution certificates.

[13] Subsection 8.8.3, note
substitute
       8.8.4An offence against subsection 8.8.3 is a strict liability offence.
       8.8.5A person is liable to a civil penalty if the person contravenes subsection 8.8.3.
Civil penalty: 50 penalty units.
       8.8.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.8.3 must be