Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p7
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 7/16)
Character Range: 405221–408192

2   For the text of the IMDG Code — see http://www.imo.org.  Information about the IMDG Code is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au.
IMSBC Code has the same meaning it has in Marine Order 34 (Solid bulk cargoes) 2007.

[7] Section 2, definitions of Manager, Ship Inspections, MARPOL, Navigation Act and operator
omit

[8] Section 2, definitions of penal provision and person in charge
substitute
person in charge means the person in charge for Marine Order 32 (Cargo Handling Equipment) 2011.

[9] Section 2, definitions of SOLAS, survey authority and surveyor
omit

[10] Section 2, after definition of underdeck space
insert
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * General Manager, Ship Safety Division
         * IMO
         * Manager, Ship Inspection and Registration
         * MARPOL
         * Navigation Act
         * SOLAS.
Note 1   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * master
         * seafarer
         * inspector.

[11] Subsection 3.1
substitute
       3.1For this Order, in regulation 5 of Chapter VII of SOLAS, approved by the Administration means:
(a) for a regulated Australian vessel — approved by the Manager, Ship Inspection and Registration or a recognised organisation; and
(b) for a foreign vessel — approved by or for the Administration of the country where the vessel is registered.

[12] Paragraph 4.1(a)
substitute
(a) the carriage of dangerous goods in:
 (i) a regulated Australian vessel; and
 (ii) a foreign vessel:
(A) in an Australian port; or
(B) entering or leaving an Australian port; or
(C) in the internal waters of Australia; or
(D) in the territorial sea of Australia, other than in the course of innocent passage; and

[13] Sections 5 to 7
substitute

5 Modifications
       5.1A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for the modification of a requirement of this Order.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3The decision maker may allow a modification only if he or she is satisfied that allowing the modification would not:
(a) endanger person or property; or
(b) contravene SOLAS.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and other matters referred to in it:
         * 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.

5A Exemptions
       5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement