Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:6:p11
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 6 (pt 11/14)
Character Range: 737477–740336

Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.

[14] After subsection 8.8.3
insert
       8.8.4An offence against subsection 8.8.3 is a strict liability offence.
       8.8.5A person is liable to a civil penalty if the person contravenes subsection 8.8.3.
Civil penalty: 50 penalty units.
       8.8.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.8.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia.
Note   Contact details for the RCC are provided in Form MO-93/2, set out in Schedule 1.
       8.8.7If the vessel is at a port outside Australia, the master must, in addition to reporting under subsection 8.8.3, report the accident or defect to the appropriate authority of the country where the port is situated.

[15] Subsection 9.1
substitute

9.1 Preliminary matters about IPP certificates
       9.1.1For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have an IPP certificate.
       9.1.2For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IPP certificate is specified for a vessel to which this Order applies.
       9.1.3For section 132 of the Navigation Act (which enable criteria to be prescribed for the issue of a pollution certificate), the criteria for issue of an IPP certificate for a vessel are that the vessel:
(b) has been surveyed in accordance with section 8; and
(c) complies with the requirements that apply to it under section 8.
       9.1.4For section 133 of the Navigation Act (which enable criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an IPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 8; and
(b) complies with the requirements that apply to it under section 8; and
(c) the variation is in accordance with subsections 9.4 and 9.5.
       9.1.5The form of an IPP certificate is the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk set out in Appendix III of Annex II.

[16] Subsection 9.2
omit
ceasing to have effect at an earlier date in accordance with section 267S or section 267U of the Navigation Act.
insert
earlier revoked.

[17] Subsection 9.2, at the foot
insert
Note   See subsection 9.4 for circumstances in which an IPP certificate may be varied to extend its period of validity.

[18] Subsection 9.4, heading
substitute

9.4 Variation of certificate to extend validity

[19] Subsection 9.6, including