Document ID: chunk:federal_register_of_legislation:F2024C01119:front:0:p6
Version: federal_register_of_legislation:F2024C01119
Segment Type: other
Provision Reference: 
Character Range: 12885–15568

a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders.
Note 2   Orders made under the Navigation Act may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, paragraph 341(1)(a) and subsection 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, paragraph 341(1)(a) and Crimes Act 1914, section 4B. Orders may also impose civil penalties — see Navigation Act, paragraph 341(1)(b).
Note 3   For the value of a penalty unit — see Crimes Act 1914, section 4AA.
Note 4   For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, section 4C.
Division 3 Application and review process

10 Applications to which this Division applies
       (1) This Division applies if a Marine Order provides that a person may apply, in accordance with the application process set out in this Order, to AMSA for any of the following:
     (a) an approval for an equivalent to be fitted, used or carried in or on a vessel;
     (b) an approval for an equivalent guideline;
     (c) an exemption of a vessel or a person from a requirement of the Order;
     (d) an approval for a modification of a requirement of the Order to apply to a               vessel or a person.
       (2) This Division also applies to any other matter that a Marine Order provides is a matter for which an application must be made in accordance with this Order.
 (3) A Marine Order that provides that an application must be made in accordance with this Order may vary the process set out in this Order as it applies to the application.
Example
The period for consideration of the application may be varied.

11 Form and content of application
       (1) An application mentioned in section 10:
(a) must:
 (i) be in writing; and
 (ii) be in the approved form, if any; and
 (iii) be accompanied by the application fee, if any; and
 (iv) include a supporting statement setting out the grounds for the application; and
 (v) include any other information or document that an Order requires be included; and
(b) may include any other information or document the applicant considers relevant to the application.
Example for subparagraph (a)(v)
A Marine Order may require information in accordance with an international agreement that Australia has implemented.
Note 1   AMSA