Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p10
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 10/42)
Character Range: 549283–552086

deals with the following matters about exemptions and equivalents:
 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 Equivalents
       5A.1A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note   For definitions of equivalent and use — see subsection 5A.4.
       5A.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5A.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS.
       5A.4 In this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of SOLAS, requires to be fitted or carried in a vessel; or
(b) an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of:
 (i) this Order, or
 (ii) SOLAS.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.

6 Issuing certificates
       6.1A vessel must be surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006.
       6.2The criterion for the issue of an HSC Safety Certificate incorporating a permit to operate is that  the vessel complies with:
(a) for a vessel mentioned in paragraph 4(a) — the 2000 HSC Code; or
(b) for a vessel mentioned in paragraph 4(b) or (d) — the 1994 HSC Code.
       6.3The criterion for the issue of a DSC Construction and Equipment Certificate incorporating a permit to operate is that the vessel complies with the DSC Code.
Note   Marine Order 31 (Ship surveys and certification) 2006 sets out information for applying for safety certificates.
       6.4An HSC Safety Certificate is a safety certificate for subsection 99(1) of the Navigation Act.
       6.5A DSC Construction and Equipment Certificate is a safety certificate for subsection 99(1) of the Navigation Act.
       6.6An HSC Safety Certificate must specify a period of up to 5 years for which the certificate remains in force.
       6.7A DSC Construction and Equipment Certificate must specify a period of up to 1 year for which the