Document ID: chunk:federal_register_of_legislation:F2023L01541:body:0:p4
Version: federal_register_of_legislation:F2023L01541
Segment Type: other
Provision Reference: 
Character Range: 8095–10990

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

8 Equivalents — regulated Australian vessels
       (1) A requirement under this Marine Order, in relation to a regulated Australian vessel is taken to be complied with if:
(a) AMSA, under this section, approves the use of an equivalent for the vessel in relation to the requirement; and
(b) the equivalent is used for the vessel in accordance with the approval.
       (2) The owner of a regulated Australian vessel may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent in relation to a listed requirement for the vessel.
       (3) AMSA may approve the use of the equivalent applied for, but only if satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement; and
(b) approving the use of the equivalent would not contravene SOLAS.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about equivalents:
              * making an application
              * seeking further information about an application
              * the time allowed for consideration of an application
              * imposing conditions on approval of an application
              * notification of a decision on an application
              * review of decisions.
Division 2 Construction and stability requirements

9 Vessels to which Chapter II-1 of SOLAS applies
       (1) A vessel to which Chapter II-1 of SOLAS applies must:
(a) meet the standards for structure, subdivision, stability, machinery and electrical installations that apply to it under Chapter II-1 of SOLAS; and
(b) for a regulated Australian vessel — comply with Schedule 1 to this Marine Order; and
(c) for a regulated Australian vessel that is a ro-ro passenger vessel — also comply with:
 (i) the Annex to IMO Resolution MSC.141(76) Revised Model Test Method, as adopted on 5 December 2002; and
 (ii) except to the extent to which it is superseded by the instrument mentioned in subparagraph (i) — the Appendix to the Annex to resolution 14 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 as adopted on 29 November 1995.
Note 1   For explanatory notes on the interpretation of Chapter II-1 of SOLAS, see IMO resolution MSC.281(85), as adopted on 4 December 2008.
Note 2   Some provisions of Chapter II-1 of SOLAS apply to:
(a) particular kinds of vessels; or
(b) vessels constructed before, on, or after a particular time.
       (2) However:
(a) a regulated Australian vessel that is surveyed and certified under a code mentioned in Marine Order 47 (Offshore industry units) 2019 or Marine Order 49 (High-speed craft)