Document ID: chunk:federal_register_of_legislation:F2023C00980:front:0:p4
Version: federal_register_of_legislation:F2023C00980
Segment Type: other
Provision Reference: 
Character Range: 7880–10690

A vessel is taken to meet the required outcomes specified in the NSCV if the vessel meets the deemed to satisfy solutions.
       (4) Despite subsection (3), a new vessel being built as a sister vessel may comply with the standards in force under subsection (3) up to 3 years before the first construction phase survey for the vessel occurs in accordance with Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.
Note   A vessel with the same structural arrangement and scantlings as a vessel previously surveyed in accordance with the national law (the 'basis' vessel) may be constructed to the basis vessel's approved plans for so long as the plan remains in compliance with the current applicable standards, and for a further three years.
       (5) However, for a new vessel, the standards (other than the standards for the equipment mentioned in paragraph 7(2)(b) and paragraph 7(2)(c)) are those standards that applied to the vessel when it was first issued a certificate of survey or other approval to operate unless:
(a) a change mentioned in Schedule 1 has occurred; or
(b) the vessel has not had a certificate of survey or other approval to operate in force for at least 2 years.
     Note 1   For arrangement, accommodation and personal safety, watertight and weathertight integrity, construction, fire safety, engineering, stability, equipment (other than the equipment mentioned in paragraph 7(2)(b) and paragraph 7(2)(c), being safety equipment and EPIRB requirements) and associated systems, the standards for a new vessel are those standards that applied to the vessel when it was first issued a certificate of survey unless a circumstance in paragraph (a) or (b) has occurred. For safety equipment and EPIRB requirements, the standards are the standards mentioned in subsection 7(3), as existing from time to time.
     Note 2   The NSCV provides that, from 1 January 2021, certain kinds of vessels must carry a class 2 EPIRB fitted in a category 1 bracket. The EPIRB also needs to be registered with AMSA.
       (6) For a transitional vessel — the standards are either:
(a) the standards mentioned in subsection (3); or
(b) the standards mentioned in Schedule 2 that apply to the vessel.

8 Vessel and equipment standards — vessels surveyed by recognised organisation
       (1) The prescribed vessel and equipment standards for a domestic commercial vessel that is required to be surveyed by a recognised organisation are:
(a) for construction, machinery, anchoring equipment and electrical installations — class rules (however described); and
(b) for other areas of the vessel — the standards mentioned in section 7 that apply as if the vessel were not surveyed by a recognised organisation.
Note    A vessel mentioned in subsection 6(2) that is ≥35m in length