Document ID: chunk:federal_register_of_legislation:F2024C00401:front:0:p5
Version: federal_register_of_legislation:F2024C00401
Segment Type: other
Provision Reference: 
Character Range: 10587–13385

Safety certificates
Subdivision 2.1 SOLAS certificates

7 SOLAS certificates required
       (1) A regulated Australian vessel must have a safety certificate of a kind specified in Schedule 1 in accordance with Regulation 12 of Chapter I or Regulation 10 of Chapter VIII of SOLAS.
Note 1   A cargo vessel >300 GT must have a Cargo Ship Safety Radio Certificate.
Note 2   It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a safety certificate of a specified kind in force for the vessel.
       (2) A certificate specified in Schedule 1 is also referred to as a SOLAS certificate in this Marine Order.
Note   For government vessels, reference should be made to the AMSA website at http://www.amsa.gov.au to ascertain if any exemption has been granted from the requirements of this Marine Order.

8 Applying for SOLAS certificates
       (1) For subsection 99(1) of the Navigation Act, a SOLAS certificate is specified as a safety certificate for which a person may apply.
 (2) For subsection 99(2) of the Navigation Act, Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a SOLAS certificate.
Note 1    An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.

9 Criteria for issue of SOLAS certificates
        For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a SOLAS certificate are:
(a) for a certificate of a kind specified in Schedule 1 — those mentioned for the certificate in that schedule; and
(b) if the vessel has an arrangement with a classification society for survey and inspection — a valid certificate of classification; and
(c) if the vessel has fitted a fixed diving system constructed after 23 November 1995 — the vessel has a diving safety certificate that is issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.

10 Conditions of SOLAS certificates
        For paragraph 100(2)(a) of the Navigation Act, a SOLAS certificate is subject to the conditions mentioned in Schedule 1 for the kind of certificate specified in that schedule.
Note   An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.

11 Endorsements of SOLAS certificates
        An issuing