Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p19
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 19/42)
Character Range: 575408–578492

* recognised organisation
           * regulated Australian vessel.

[4] Sections 2 to 5
substitute

2 Purpose
       This Order:
(a) specifies requirements with which the construction, hull, equipment and machinery of sailing vessels must comply; and
(b) provides for the survey, inspection and issue of certificates for sailing vessels; and
(c) provides for the safety of sail trainees.

3 Power
       3.1Subsection 98(2) of the Navigation Act provides that the regulations may give effect to the Safety Convention and the Load Lines Convention.
       3.2Subsection 98(3) of the Navigation Act provides that the regulations for vessels included in a particular class may provide for safety certificates relating to the following matters:
(a) survey;
(b) construction;
(c) machinery and equipment;
(d) other matters relating to the safety of vessels.
       3.3Section 314 of the Navigation Act provides that the regulations may provide for matters relating to certificates.
       3.4Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
       3.5Paragraph 339(2)(a) of the Navigation Act provides that the regulations may provide for the design and construction of vessels.
       3.6Paragraph 339(2)(b) of the Navigation Act provides that the regulations may provide for the machinery and equipment to be carried on board vessels.
       3.7Paragraph 339(2)(e) of the Navigation Act provides that the regulations may provide for the stability of vessels.
       3.8Paragraph 339(2)(i) of the Navigation Act provides that regulations may provide for the maintenance, testing, survey and certification of vessels.
       3.9Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.
       3.10Paragraph 340(1)(d) of the Navigation Act provides that the regulations may give effect to the Load Lines Convention.
       3.11Subsection 342(1) of the Navigation Act provides that AMSA may make an order for any matter for which regulations may provide.

4 Application
       This Order applies to a sailing vessel that is a regulated Australian vessel.

5 Exemptions
       5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011 for an exemption of a vessel from a requirement of this Order.
       5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is 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 contravene SOLAS, this Order or the USL Code.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:
           * making an application
           * seeking