Document ID: chunk:federal_register_of_legislation:F2016L01939:body:0:p6
Version: federal_register_of_legislation:F2016L01939
Segment Type: other
Provision Reference: 
Character Range: 13122–15855

of the Navigation Act, the criteria for variation of a Polar Ship Certificate are that:
(a) the vessel has been surveyed in accordance with the Polar Code; and
(b) if the variation relates to matters mentioned in paragraphs (c), (d), (e), (f) and (h) of Regulation 14 of Chapter I of SOLAS — the variation is in accordance with those provisions.
Note 1   A variation may be in the form of an endorsement on an existing certificate allowing the certificate to be in force for a period beyond the date specified in the certificate for expiry.
Note 2   Paragraph 1.3.6 of the Polar Code provides that validity, survey dates and endorsements must be harmonised with the relevant SOLAS certificates in accordance with Regulation 14 of Chapter I of SOLAS.

16 Revocation of certificate
       For section 102 of the Navigation Act, the criteria for revocation of Polar Ship Certificate are that:
(a) the certificate contains incorrect information; or
(b) the owner of the vessel asks in writing that the vessel's certificate be revoked; or
(c) a condition of the certificate has been, or is likely to be, breached; or
(d) the vessel to which the certificate applies ceases to be registered in Australia.
Division 3 Requirements for foreign vessels

17 Certificate required for foreign vessels
       A vessel that is a foreign vessel must have a certificate that is issued in accordance with the Polar Code.
Note   It is an offence under sections 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.

18 Requirements for foreign vessels
       A foreign vessel must comply with the requirements of Chapter XIV of SOLAS and the Polar Code that apply to the vessel.
Division 4 Other matters

19 Polar water operational manual
       (1)The master or owner of a regulated Australian vessel must not take a vessel to sea if a polar water operational manual, that meets the requirements mentioned in Chapter 2 of the Polar Code, is not on board.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)The master or owner is liable to a civil penalty if subsection (1) is contravened.
Civil penalty: 50 penalty units.

20 Voyage planning requirements
       (1)The master of a regulated Australian vessel must have in place a voyage plan for any voyage in polar waters in accordance with Chapter 11 of the Polar Code.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)The master is liable to a civil penalty if subsection (1) is contravened.
Civil penalty: 50 penalty units.

Note
1. All legislative instruments and compilations of legislative instruments are registered on the