Document ID: chunk:federal_register_of_legislation:F2013L02096:body:0:p3
Version: federal_register_of_legislation:F2013L02096
Segment Type: other
Provision Reference: 
Character Range: 5257–8115

regulated Australian vessel proceeding on an overseas voyage or for use on an overseas voyage;
(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.
       (2)However:
(a) this Order does not apply to a fishing vessel; and
(b) this Order, other than section 13, does not apply to a cargo vessel of less than 500 gross tonnage; and
(c) the following provisions also apply to a regulated Australian vessel that is neither proceeding, nor for use, on an overseas voyage:
  (i) Division 2;
 (ii) section 13;
 (iii) Division 4.

10 Exemptions
       (1)A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
       (2) AMSA may give an exemption only if satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and 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.

11 Equivalents
       (1)A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
       (2) AMSA may approve use of an equivalent only if satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS.
Note   For definitions of equivalent and use — see Marine Order 1 (Administration) 2013.
Division 2 Enhanced surveys

12 Enhanced surveys
       A vessel that is a bulk carrier or oil tanker within the meaning of SOLAS must undergo any surveys required for implementing regulation 2 of Chapter XI-1 of SOLAS.
Note 1   Regulation 2 of Chapter XI-1 of SOLAS provides that the enhanced program of inspections must be in accordance with the ESP Code.
Note 2   AMSA may arrange for a recognised organisation to carry out, on behalf of AMSA, surveys or anything else to be done for implementing regulation 2 of Chapter XI-1 of SOLAS.
Division 3 Identification numbers

13 Ship identification number
       The identification number of a vessel must be marked on the vessel in accordance with regulation 3 of Chapter