Document ID: chunk:federal_register_of_legislation:F2012L02150:body:0:p3
Version: federal_register_of_legislation:F2012L02150
Segment Type: other
Provision Reference: 
Character Range: 5223–7855

(a) compliance with a provision of this Order would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage; and
(b) the granting of the exemption would not contravene:
 (i) the SPS Code; or
 (ii) SOLAS.
Note    For internal and external review of decisions about applications — see Marine Order 1 (Administration).
       9.3The master of the ship must ensure that a copy of the exemption is kept on the ship for the duration of each voyage to which the exemption applies.
This is a penal provision.

10 Equivalents
10.1 This section applies if:
(a) the SPS Code requires a particular fitting, material, appliance or apparatus to be fitted or carried in a ship (the required thing); and
(b) another thing (the equivalent) exists that:
 (i) could be fitted in a ship instead of the required thing; and
 (ii) may be at least as effective as the required thing; and
(c) a person wants to fit the equivalent in the ship.
       10.2The person may apply for approval for the equivalent to be fitted in the ship in accordance with the application process mentioned in Marine Order 1 (Administration).
       10.3AMSA may approve the fitting of the equivalent to the ship if AMSA is satisfied that:
(a) the equivalent is at least as effective as the required thing; and
(b) the granting of the exemption would not contravene:
 (i) the SPS Code; or
 (ii) SOLAS.
Note    For internal and external review of decisions about applications — see Marine Order 1 (Administration).
Division 3 Existing ships and ships of less than 500 gross tonnage

11 Compliance with the SPS Code
       For an existing ship or a ship of less than 500 gross tonnage, AMSA may decide that a ship that does not comply with the SPS Code is taken to comply with the SPS Code if AMSA is satisfied that it is reasonable and practical in the circumstances, taking into account:
(a) the ship; and
(b) the ship's equipment; and
(c) the intended operations of the ship.
Division 4 Prescribed special purpose ships and persons

12 Prescribed special purpose ships
       For the definition of special purpose ship in section 283 of the Navigation Act, a special purpose ship is a self-propelled ship that, for its function, carries onboard:
(a) at least 13 special personnel; or
(b) more than 12 people, of whom at least 1 is special personnel and no more than 12 are passengers.

13 Prescribed persons
       For paragraph (d) of the definition of special personnel in section 283 of the Navigation Act, each of the following persons is a prescribed person:
(a) a passenger;
(b) a person who is on the business of the ship.
Division 5