Document ID: chunk:federal_register_of_legislation:F2013L00871:front:0:p7
Version: federal_register_of_legislation:F2013L00871
Segment Type: other
Provision Reference: 
Character Range: 14842–17507

the vessel is not any of the following:
 (i) a recreational vessel;
 (ii) a Class 1E vessel;
 (iii) a Class 2D or 2E vessel;
 (iv) a Class 3B, 3C, 3D or 3E vessel;
 (v) a Class 4C, 4D or 4E vessel;
(c) if AMSA considers that the vessel must be inspected before making a decision on the application —the vessel has been inspected by an inspector;
(d) if the vessel is a Class 1B or 2B vessel —it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size;
(e) the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations.
Note 1   For paragraph (b), vessels are assigned a service category according to the nature of vessel's use and operational areas — see clause 3.5.1 of Part B of the NSCV.
Note 2   Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 21.1, together with other things mentioned in subsection 25(2), before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters.
Note 3   For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.

22 Revocation of opt-in declaration — prescribed matters
       For subsection 26(2) of the Navigation Act, other matters of which AMSA must be satisfied are the following:
(a) the vessel has not been maintained in accordance with the requirements of the recognised organisation with which it is in class;
(b) the vessel does not, after 30 days after commencement of the opt-in declaration for the vessel, comply with the requirements of the Navigation Act, including certification requirements, that apply to a vessel of its size and class;
(c) the vessel does not comply with any other condition that AMSA has applied to the declaration.
Note   AMSA must revoke an opt-in declaration for a vessel if the owner, or any of the owners, of the vessel requests, and AMSA is satisfied of the matters mentioned in this section — see subsection 26(2) of the Navigation Act.
Division 6 Infringement notices

23 When infringement notice can be given
       If there are reasonable grounds for believing that a person has contravened a civil penalty provision, AMSA or an inspector may give to the person an infringement notice for the infringement notice penalty of one-fifth of the maximum penalty that a court could impose on the person