Document ID: chunk:federal_register_of_legislation:F2024C01119:front:0:p5
Version: federal_register_of_legislation:F2024C01119
Segment Type: other
Provision Reference: 
Character Range: 10382–13125

of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference of the Parties to the STCW Convention (STCW/CONF.2/34).
use, of an equivalent, for a Marine Order in which use, of an equivalent, is not defined, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.
USL Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council established by the Council of Australian Governments and as in force from time to time.
Note 1   Other terms used in Marine Orders have the same meaning they have in the Act or Acts under which they are made — see section 14(1) of the Navigation Act, section 3 of the AFS Act and section 3 of the Pollution Prevention Act.
Note 2   The term owner is defined in section 14(1) of the Navigation Act. It includes the person with overall general control and management of the operation of a vessel. This is equivalent to a Company defined in paragraph .25 of regulation I/1 of the STCW Convention, regulation IX-1 of SOLAS and paragraph 1.1.2 of Part A of the International Safety Management Code (ISM Code) of the IMO.
Note 3   For details of AMSA officers exercising delegated powers — see the AMSA website at http://www.amsa.gov.au.

7 Required certificates, licences or qualifications
       (1) A requirement to have a certificate or licence is a requirement to have a certificate or licence that is in force.
       (2) If a certificate or licence is revoked or suspended it ceases to be in force.
       (3) A requirement to have any other qualification is a requirement to have a qualification that has not been revoked, however described.

8 Recognised organisations
        For the definition of recognised organisation in section 14 of the Navigation Act, each corporation or association mentioned in Schedule 1 is prescribed.
Note   For information on the application process to become a recognised organisation — see the AMSA website at http://www.amsa.gov.au.

9 Penal provisions
        A provision followed by the phrase 'This is a penal provision' is a penal provision under the legislation under which the provision is made.
Note 1   Subregulation 4(1) of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 provides that a person who fails to comply with a provision of an Order made under subsection 34(1) of the Pollution Prevention Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Section 24 of the AFS Act provides that