Document ID: chunk:federal_register_of_legislation:F2023C00980:front:0:p10
Version: federal_register_of_legislation:F2023C00980
Segment Type: other
Provision Reference: 
Character Range: 22524–25342

interest of marine safety or protecting the environment; or
(b) the certificate was issued in error; or
(c) a change mentioned in Schedule 1 has occurred since the certificate of survey was issued.
Division 4 Equivalent means of compliance

17 Approval of equivalent means of compliance
       (1) The National Regulator may approve an equivalent means of compliance:
(a) on application by a person; or
(b) on the initiative of the National Regulator.
       (2) The National Regulator may approve an equivalent means of compliance if satisfied that it is at least as effective as any part of the standards that it replaces.
       (3) The National Regulator may impose conditions on the approval.
       (4) A decision to refuse to approve an equivalent means of compliance under paragraph (1)(a) is a reviewable decision for sections 16 and 17 of Marine Order 501.

18 Application for equivalent means of compliance
       (1) An application for the approval of an equivalent means of compliance mentioned in paragraph 17(1)(a) must be made in accordance with section 9 of Marine Order 501.
       (2) The application for an approval of an equivalent means of compliance must include:
(a) details of the standards in this Order that apply to the vessel, to which the application relates; and
(b) a statement explaining how the proposed equivalent means of compliance is at least as effective as compliance with the standards applying to the vessel, that it is to replace; and
(c) at least 1 document supporting the statement mentioned in paragraph (b).
Note for paragraph (a)   The application should mention the particular standards applying to the vessel that are to be replaced.
Note for paragraph (b)   If the application relates to the NSCV, the statement may explain how the equivalent means of compliance meets the required outcomes in the NSCV that apply (if any) to the same level of safety as the deemed to satisfy solution. If the application relates to the USL Code, the statement may explain how the equivalent means of compliance meets each requirement of the USL Code to the same level of safety.
Examples for paragraph (c)
    1   A report from an accredited marine surveyor.
    2   National Association of Testing Authorities, Australia (NATA) testing results.
    3   A mill test report.
       (3) Division 3 (other than section 13) of Marine Order 501 applies to an application for an equivalent means of compliance.

19 Revocation of equivalent means of compliance
       (1) The National Regulator may revoke an equivalent means of compliance approved under section 17.
       (2) A decision to revoke an equivalent means of compliance is a reviewable decision for sections 16 and 17 of Marine Order 501.

20 Duration of equivalent means of compliance
        An equivalent means of compliance