Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p33
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 33/42)
Character Range: 680327–683115

on approval of an application
         * notification of a decision on an application
         * review of decisions.

5A Equivalents
       5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
       5A.2The decision maker for the application is the Manager, Ship Operations and Qualifications.
       5A.3The Manager, Ship Operations and Qualifications may approve use of an equivalent only if he or she is satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement or provision to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS or the ISM Code.
       5A.4In this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order or a provision of the ISM Code.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.

6 Review of decisions
       A decision under subsection 9.2, 9.4.2, 9.5.2, 10.4.2, 10.5.2, 11.1.1, 11.2.3 or 12.1.1 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note   For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act.

7 Safety management requirements
       7.1For sections 103, 104, 106 and 107 of the Navigation Act, a vessel must have a safety certificate that is:
(a) a Safety Management Certificate; or
(b) an Interim Safety Management Certificate.
Note   It is an offence under sections 103, 104, 106 and 107 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.
       7.2A master must not take a vessel to sea if there is not on board a copy of a Document of Compliance or Interim Document of Compliance in force for the company operating the vessel.
Penalty: 50 penalty units.
       7.3An offence against subsection 7.2 is a strict liability offence.
       7.4A person is liable to a civil penalty if the person contravenes subsection 7.2.
Civil penalty: 50 penalty units.

[7] Subsection 10.1 and 10.2
substitute

10.1 Application
       For subsection 99(1) of the Navigation Act, a Safety Management Certificate is a safety certificate.

10.2 Issue
       For paragraph 100(1)(b) of the