Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p31
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 31/42)
Character Range: 674354–677858

* regulated Australian vessel
           * seafarer.

[6] Sections 3 and 4
substitute

4 Application
       This Order applies to the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel:
 (i) in an Australian port; or
 (ii)  entering or leaving an Australian port; or
 (iii)  in the internal waters of Australia; or
 (iv)  in the territorial sea of Australia, other than in the course of innocent passage.

[7] Subsection 5.1
substitute

5.1 Requirement for safe arrangements
       5.1.1The master of a vessel may permit the transfer of persons or goods from helicopter to vessel, or from vessel to helicopter, only if the owner or master has provided shipboard arrangements, equipment, training and drills that:
(a) apply to the preparations on a vessel and the vessel/helicopter interface during the transfer operation; and
(b) are necessary and reasonable for emergency evacuation of persons from the vessel; and
(c) are appropriate and reasonable for the normal operations of the vessel; and
(d) are at least as effective as those mentioned in the ICS Guide for operations or activities directly related to the vessel.
Note   The ICS Guide may also provide useful background for the owner and master when considering the safety management system for the vessel.
       5.1.2The master of a vessel must ensure that:
(a) the arrangements, equipment, training and drills have been included in the safety management system on board the vessel; and
(b) seafarers are given instructions on their responsibilities to give effect to the vessel's safety management system; and
(c) equipment is maintained in working order and readily available for use; and
(d) the training has been carried out.
Penalty: 50 penalty units.
       5.1.3An offence against subsection 5.1.2 is a strict liability offence.
       5.1.4A person is liable to a civil penalty if the person contravenes subsection 5.1.2.
Civil penalty: 50 penalty units.

[8] Subsection 5.4
substitute

5.4 Responsibility of seafarers
       5.4A seafarer must carry out the instructions given to the seafarer under paragraph 5.1.2(b).
Penalty: 50 penalty units.
       5.4AAn offence against subsection 5.4 is a strict liability offence.
       5.4BA person is liable to a civil penalty if the person contravenes subsection 5.4.
Civil penalty: 50 penalty units.

[9] Further amendments
provision                           omit each mention of    insert
Subsection 1.1                      Part of Marine Orders   Marine Order
Subsection 1.1                      ships                   vessels
Subsection 1.1, note                ship/helicopter         vessel/helicopter
Section 2, definition of ICS Guide  Shipping;               Shipping.
Section 5, heading                  ships                   vessels
Subsection 5.2                      ship                    vessel
Subsection 5.2.2                    operator                owner
Subsection 5.2.2, note              Classification Society  recognised organisation
Subsection 5.2.2, note              ship's                  vessel's
Paragraph 5.2.3(b)                  a surveyor              an inspector
Subsection 5.2.3                    5.2.2                   subsection 5.2.2
Subsection 5.3                      ship                    vessel
Subsection 5.3                      ship/helicopter         vessel/helicopter
Subsection 5.5                      ship                    vessel

Schedule 34 Marine Orders Part 58, issue 2
(section 3)

[1] Before