Document ID: chunk:federal_register_of_legislation:F2017C00971:body:0:p2
Version: federal_register_of_legislation:F2017C00971
Segment Type: other
Provision Reference: 
Character Range: 2787–5692

341(1) which provides that the regulations may provide for the imposition of penalties for the contravention of provisions of the regulations including the imposition of civil penalties.
       (2)Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
       (3)Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about anything that must or may be made by regulation.

4 Definitions
       In this Order:
chief engineer has the same meaning as chief engineer officer in Regulation I/1 of the STCW Convention.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
         * Navigation Act
         * SOLAS
         * STCW Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * inspector
         * master
         * owner (there is also a note about this term in Marine Order 1 (Administration) 2013)
         * port
         * regulated Australian vessel
         * seafarer
         * STCW Convention.
Note 3   Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.
Note 4   For delegation of AMSA's powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application
       (1)This Order, other than section 16, applies to a regulated Australian vessel.
       (2)This Order, other than section 6, subsection 8(8) and sections 9, 10 and 15, applies to 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.

6 Exemptions
       (1)A person may apply to AMSA, in accordance with Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of section 12 about minimum hours of rest for a seafarer.
Note   An exemption may relate to several seafarers, or classes of seafarers — see paragraph 23(b) and subsection 33(3AB) of the Acts Interpretation Act 1901. It may also relate to more than 1 requirement of section 12 — see paragraph 23(b) of the Act.
       (2)AMSA may give an exemption only if satisfied that giving the exemption would be in accordance with Section A –VIII/1 of the STCW Code.
Note   Marine Order 1 (Administration) 2013 deals with the following:
          * making of an application
          * seeking further information about an application
          * the time allowed for consideration of an application
          * notification of a decision on an application
          *