Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p9
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 9/13)
Character Range: 776516–779400

or
(b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for a vessel.
Note   For the form of certificate — see subsection 8.1A.5.

[7] Section 2, after the note
insert
Note 2   Some terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including:
         * AMSA
         * inspector
         * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
         * regulated Australian vessel.
       2.2An EIAPP certificate for an engine installed on a vessel is taken to be issued for the vessel.
       2.3A vessel is taken to have an EIAPP certificate if each engine installed on the vessel has an EIAPP certificate.

[8] Subsection 4.1
omit everything after
applies
insert
       to:
(a) a non-foreign vessel:
 (i) to which Annex VI is expressed to apply; or
 (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex VI is expressed to apply.
Note 1   The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
Note 2   A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.

[9] After subsection 4.1
insert
       4.1AFor subsection 4.1, each of the following is a non-foreign vessel:
(a) a regulated Australian vessel;
(b) a domestic commercial vessel;
(c) a recreational vessel that has Australian nationality.

[10] Subsection 7.8
substitute

7.8 Emission of nitrogen oxides from engines
       The requirements for the issue of an EIAPP certificate for engines and equipment are that the engines and equipment:
(a) are surveyed in accordance with the NOx Technical Code 2008; and
(b) are found to comply with Regulation 13 of Annex VI.
Note   See also IMO Resolution MEPC.103(49): Guidelines for on-board NOx verification procedure — direct measurement and monitoring method.

[11] Section 7.9.3, note
omit

[12] After subsection 7.9.3
insert
       7.9.4An offence against subsection 7.9.3 is a strict liability offence.
       7.9.5A person is liable to a civil penalty if the person contravenes subsection 7.9.3.
Civil penalty: 50 penalty units.
       7.9.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 7.9.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia.
Note   Contact details for the RCC are:  telephone: +61 (0)2 6230 6811; freecall: 1800 641 792 (within Australia); facsimile: +61 (0)2 6230 6868; AFTN: YSARYCYX; e‑mail: