Document ID: chunk:federal_register_of_legislation:F2024C00337:body:0:p6
Version: federal_register_of_legislation:F2024C00337
Segment Type: other
Provision Reference: 
Character Range: 12861–15667

the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Interpretation
        For this Order, a vessel is taken to have been constructed when:
(a) the keel is laid; or
(b) construction identifiable with the vessel starts and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.

6 Application
       (1) This Order applies to:
(a) loading or unloading a regulated Australian vessel anywhere; and
(b) loading or unloading a foreign vessel at an Australian port; and
(c) loading or unloading of a foreign vessel that is an offshore industry mobile unit:
 (i) at an Australian port; or
 (ii) in the territorial sea of Australia.
       (2) This Order is not intended to exclude or limit the concurrent operation of any law of a State or Territory that imposes additional obligations or liabilities on a person.

7 Exemptions
       (1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
       (2) AMSA may give an exemption only if satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not risk the safety of a person or damage the vessel or the environment.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
         * making an application
         * seeking further information about an application
         * the time allowed for consideration of an application
         * imposing conditions on approval of an application
         * notification of a decision on an application
         review of decisions.
       (3) AMSA may allow a provision of this Order to be dispensed with for a loading or unloading operation, subject to any conditions, if:
(a) an event or incident has damaged or affected material handling equipment or arrangements; and
(b) a written request is received; and
(c) AMSA is satisfied that dispensing with the provision would not risk the safety of a person or damage the vessel or the environment.

8 Equivalents
       (1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
       (2) AMSA may approve use of an equivalent only if satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
Division 2 Requirements for loading or unloading a vessel

9 Functions and duties of master
       (1) The master of a vessel must ensure that operations are carried out in accordance with