Document ID: chunk:federal_register_of_legislation:F2020L00723:body:0:p3
Version: federal_register_of_legislation:F2020L00723
Segment Type: other
Provision Reference: 
Character Range: 5334–8072

link at http://www.amsa.gov.au.

5 Interpretation
       (1)A term that is used but is not defined for this Order, and is defined in Chapter IX or the ISM Code, has the meaning given by Chapter IX or the ISM Code.
       (2)In this Order, a reference in Chapter IX or the ISM Code to the Administration is taken to mean:
(a) for a regulated Australian vessel — AMSA; or
(b) for a foreign vessel — the government of the country whose flag the vessel is entitled to fly.

6 Application
       (1)This Order applies to a regulated Australian vessel to which Chapter IX applies.
Note   For safety management system requirements for regulated Australian vessels to which Chapter IX does not apply — see Schedule 2 of Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
       (2)Divisions 1 and 2 of this Order apply to a foreign vessel to which Chapter IX applies.
       (3)However, this Order only applies to a Government vessel if it is used for a commercial purpose.

7 Exemptions
       (1)A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel, or the owner of a vessel, from a requirement of:
(a) this Order; or
(b) the ISM Code.
       (2)AMSA may give an exemption only if satisfied that:
(a) compliance with the requirement or provision would be unnecessary or unreasonable having regard to the vessel, its equipment and intended voyage; and
(b) giving the exemption would not contravene SOLAS or the ISM Code.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions:
         * 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.
Division 2 Foreign vessels

8 Certificates and documents required for foreign vessels
       (1)The owner of a foreign vessel must have a document of compliance or an interim document of compliance.
       (2) A foreign vessel must have a safety management certificate or an interim safety management certificate.
Note   It is an offence under sections 106 and 107 of the Navigation Act to take a foreign vessel to sea without a certificate of a specified kind in force for the vessel.
       (3) A vessel and the owner of a vessel must comply with Chapter IX, the ISM Code and the ISM Guidelines.

9 Copy of document of compliance or interim document of compliance to be kept on board a foreign vessel
       (1)The master of a foreign vessel may take the vessel to sea only if there is on board a copy of a document of