Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:18:p7
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 18 (pt 7/15)
Character Range: 110470–113297

inspector means a person appointed as a medical inspector under section 8A.
relevant vessel — see section 3.
valid, for a Certificate of Medical Fitness, means a certificate that is in force and that has not been cancelled.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * General Manager, Ship Safety Division
         * Manager, Ship Inspection and Registration
         * Manager, Ship Operations and Qualifications
         * Navigation Act
         * SOLAS
         * STCW Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * inspector
         * licensed pilot
         * master
         * seafarer
         * STCW Convention.
Note 3   A sail trainee is a passenger — see Marine Order 52 (Sailing vessels) 1999.

3 Meaning of relevant vessel
       For the Order, a relevant vessel is:
(a) a regulated Australian vessel; or
(b) a vessel that, but for paragraph 15(1)(c) of the Navigation Act, would be a regulated Australian vessel, for which most of the crew are residents of Australia and that is operated by any of the following (whether or not in association with anyone else):
 (i) a person who is a resident of, or has his or her principal place of business in, Australia;
 (ii) a company or association that is incorporated, or has its principal place of business, in Australia.

4 Application
 This Order applies to:
(a) a person employed, or proposing to engage in employment, on a relevant vessel; and
(b) a person performing, or intending to perform, the duties of a licensed pilot; and
(c) a person who employs, or proposes to employ, a person mentioned in paragraph (a) or (b); and
(d) an applicant for the issue or revalidation of a certificate under Marine Order 3 (Seagoing qualifications) 2004.

5 Review of decisions
       A decision under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

6 Requirement to be medically fit
       6.1A person may perform duties as a seafarer on a relevant vessel only if person is medically fit to perform the duties.
Penalty: 50 penalty units.
       6.2An offence against subsection 6.1 is a strict liability offence.
       6.3A person is liable to a civil penalty if the person contravenes subsection 6.1.
       Civil penalty: 50 penalty units.
       6.4The owner of a relevant vessel may take a person into employment to perform duties as a seafarer only if the person is medically fit to perform the duties.
Penalty: 50 penalty units.
       6.5An offence against subsection 6.4 is a strict liability offence.
       6.6A person is liable to a civil penalty if the person contravenes subsection 6.4.
       Civil penalty: 50 penalty units.
       6.7A person may perform the