Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p2
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 2839–5494

An application under this Order must be made in accordance with Marine Order 501.
Division 2 Requirements for certificate of operation

4 Application for certificate to include declaration of safety management system
       (1) An application for a certificate of operation must be made in the approved form.
       (2) An application must include a written declaration by the applicant that there is a safety management system in place:
        (a) for each vessel to which the application relates; and
             (b) that complies with the requirements of this Order for a safety management system.
Note 1   Giving false or misleading information in an application is an offence — see subsection 136(1) of the Criminal Code.
Note 2   It is an offence under the national law for the owner of a vessel not to implement and maintain a safety management system for the vessel — see subsection 12(2) of the national law. A safety management system may be for more than 1 vessel.
       (3) For paragraph (2)(b), the requirements are that the safety management system:
(a) identifies the risks to the safety of the vessel, the environment and persons on or near the vessel; and
(b) includes procedures to eliminate or minimise the identified risks so far as is reasonably practicable; and
(c) addresses the operation requirements that apply for the vessel; and
(d) is documented and readily accessible for a person who uses the system; and
(e) is kept both:
 (i) on board the vessel if it is reasonably practicable to do so given the size and use of the vessel; and
 (ii) onshore, with shore-based personnel.
Note for paragraph (b) and subparagraph (e)(i)   For the meaning of reasonably practicable — see section 27 of the national law.
       (4) For paragraph (3)(c), the operation requirements that apply for the vessel are:
(a) for a Class 1, Class 2 or Class 3 vessel — the operation requirements in Schedule 1; and
(b) for a Class 4 vessel — the operation requirements in Schedule 1 that apply for the vessel and the operation requirements in Schedule 2.
       (5) For a Class 1, Class 2 or Class 3 vessel, the requirements of this Marine Order for a safety management system are taken to be met if the owner complies with:
(a) Part A of the ISM Code; and
(b) the following provisions of Schedule 1:
 (i) paragraph 2(3)(d);
 (ii) paragraphs 7(6)(b) and (c).
Note 1   Part A of the ISM Code sets out requirements for vessel safety management systems. For complying with Part A of the ISM Code, see the relevant national law requirement for crewing in Schedule 1 to this Marine Order.
Note 2   A safety management system may be for more than 1 vessel.