Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:18:p10
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 18 (pt 10/15)
Character Range: 120548–123659

2
Appendix 2, item (k)               ship                                             vessel
Appendix 2, item (o)               Medical Inspector of Seamen                      medical inspector

Schedule 5 Marine Orders Part 12, issue 3
(section 3)

[1] Section 1A
omit
Marine Orders Part 12, issue 3
insert
Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009

[2] Subsection 1.2.1
substitute
       1.2.1Paragraphs 339(2)(a) and (b) of the Navigation Act provides that regulations may provide for design and construction of vessels, including machinery and equipment to be carried on board vessels.
       1.2.1AParagraph 339(2)(e) of the Navigation Act provides that regulations may provide for the stability of vessels, including information about, and testing of, the stability of vessels.
       1.2.1BParagraph 340(1)(a) of the Navigation Act provides that regulations may provide for giving effect to SOLAS.

[3] Section 2, definition of Guidelines
omit

[4] Section 2, definition of IS Code
substitute
IS Code means the Code on Intact Stability, 2008 adopted by IMO Resolution MSC.267 (85), as in force from time to time.
Note   A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au.

[5] Section 2, definitions of SOLAS ship and surveyor
substitute
OSV Design and Construction Guidelines means the Guidelines for the Design and Construction of Offshore Supply Vessels 2006 adopted by IMO Resolution MSC.235 (82), as in force from time to time.
Note 1   A copy of each IMO resolution that adopts or amends these Guidelines is available on AMSA's website at http://www.amsa.gov.au.

[6] Section 2, note 2
substitute
Note 3   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
          * cargo vessel
          * General Manager, Maritime Operations Division
          * IMO
          * Manager, Ship Inspection and Registration
          * national law
          * SOLAS
          * USL Code.
Note 4   Other terms used in this Order are defined in the Navigation Act, including:
          * AMSA
          * inspector
          * owner
          * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
          * regulated Australian vessel
          * seafarer
          * overseas voyage.

[7] Section 4
substitute

4 Application
       4.1This Order applies to:
(a) a regulated Australian vessel; and
(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.
       4.2However, this Order applies to a foreign vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter II-1 of SOLAS.

[8] After subsection 8.1
insert
       8.1AAn offence against subsection 8.1 is a strict liability offence.
       8.1BA person is liable to a civil penalty if