Document ID: chunk:federal_register_of_legislation:F2019C00887:front:0:p10
Version: federal_register_of_legislation:F2019C00887
Segment Type: other
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Character Range: 22957–25664

must be constructed of non-combustible materials.
       (4)The expression non-combustible material has the same meaning as in Regulation 3 of Chapter II-2 of SOLAS.
Division 5 Australian certificate for the carriage of livestock

23 Certificate required
       (1)A vessel that is permanently equipped for the carriage of livestock, must have an ACCL or an interim ACCL.
       (2)For a regulated Australian vessel, an ACCL and an interim ACCL are safety certificates.
Note 1   It is an offence under sections 103 and 104 of the Navigation Act if a regulated Australian vessel is taken to sea without a safety certificate of a specified kind in force for the vessel.
Note 2    It is an offence under sections 106 and 107 of the Navigation Act if a foreign vessel is taken to sea without a certificate of a specified kind in force for the vessel.

24 Applying for ACCL
       (1)A person may apply to AMSA for an ACCL for a foreign vessel.
       (2)Division 3 of Marine Order 1 (Administration) 2013:
(a) applies to an application under subsection (1); and
(b) other than section 17, applies to an application for an ACCL for a regulated Australian vessel in accordance with subsection 99(2) of the Navigation Act.
Note 1   Subsection 99(2) of the Navigation Act provides for the making of regulations for an application for a safety certificate for a regulated Australian vessel.
       (3)An application for an ACCL must be in the approved form.

25 Prohibition on issue of ACCL
       (1)An ACCL will be issued for a vessel only if:
(a) the vessel is classed by a classification society that is a full member of the International Association of Classification Societies (IACS); and
(b) the vessel at least meets the requirements of SOLAS that apply to a vessel constructed after 30 September 1994.
       (2)However, for a vessel constructed or converted for the carriage of livestock before 1 October 1994, for a five year period after 1 July 2018, the vessel may meet the standards that apply to a vessel constructed after 31 August 1984 instead of complying with paragraph (1)(b), if:
(a) an ACCL has been previously issued for the vessel; and
(b) the livestock operator has not changed since the ACCL was issued; and
(c) the vessel met the criteria set out in subsection 26(3) at the time the ACCL ceased to be in force or within 3 months of that date.

26 Criteria for issue
       (1)AMSA may issue an ACCL for a foreign vessel if satisfied that the criteria mentioned in subsection (3) are met.
       (2)For paragraph 100(1)(b) of the Navigation Act, the criteria mentioned in subsection (3) are the criteria for the issue of an ACCL for a regulated Australian vessel.
       (3)The criteria are