Document ID: chunk:federal_register_of_legislation:F2024C01119:front:0:p10
Version: federal_register_of_legislation:F2024C01119
Segment Type: other
Provision Reference: 
Character Range: 23030–25724

be obtained — see subsection 336(1) of the Navigation Act.
Division 6 Opting-in to coverage

22 Opt-in declaration — prescribed matters
       (1) An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form.
Note 1   See section 19 for information about approved forms.
Note 2   AMSA may determine fees for processing applications — see section 47 of the AMSA Act.
       (2) For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following:
(a) the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class;
(b) the vessel is not any of the following:
 (i) a recreational vessel;
 (ii) a Class 1E vessel;
 (iii) a Class 2D or 2E vessel;
 (iv) a Class 3B, 3C, 3D or 3E vessel;
 (v) a Class 4C, 4D or 4E vessel;
(c) if AMSA considers that the vessel must be inspected before making a decision about the application — the vessel has been inspected by an inspector;
(d) if the vessel is a Class 1B or 2B vessel — it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size;
(e) the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations.
Note 1   For paragraph (b), vessels are assigned a service category according to the nature of the vessel's use and operational areas — see clause 3.5.1 of Part B of the NSCV.
Note 2   Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 22(2) of this Order, together with other things mentioned in subsection 25(2) of the Navigation Act, before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters.
Note 3   For review by the Administrative Review Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.

23 Revocation of opt-in declaration — prescribed matters
        For subsection 26(2) of the Navigation Act, other matters of which AMSA must be satisfied are the following:
(a) the vessel has not been maintained in accordance with the requirements of the recognised organisation with which it is in class;
(b) the vessel does not, after 30 days after commencement of the opt-in declaration for the vessel, comply with the requirements of the Navigation Act, including certification requirements, that apply to