Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p38
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 38/42)
Character Range: 696152–699102

this Order are defined in the Navigation Act, including:
         * AMSA
         * coastal sea of Australia
         * foreign vessel
         * inspector
         * marine incident
         * recognised organisation
         * regulated Australian vessel
         * safety certificate
         * seafarer
         * vessel.

[5] Section 3
omit
3.1

[6] Subsection 3.2
omit

[7] Subsection 4.1
substitute

       4.1This Order applies to each of the following vessels:
(a) an FPSO or FSU that is a regulated Australian vessel;
(b) an FPSO or FSU that is a foreign vessel operating as an offshore industry mobile unit:
 (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.

[8] Sections 5 and 6
substitute

5 Exemptions
       5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3The Manager, Ship Inspection and Registration may give an exemption for an FPSO or an FSU only if he or she is satisfied that:
(a) compliance with the requirement would be unreasonable or impracticable; and
(b) giving the exemption would not contravene SOLAS.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and modifications:
          * 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.

6 Modifications
       6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval for a modification of a requirement of the Order to apply to a vessel.
       6.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       6.3The Manager, Ship Inspection and Registration may approve a modification of a requirement of this Order only if he or she is satisfied that:
       (c)   the fitting, material, appliance, apparatus to be fitted or carried on the vessel, or the other provision to be made, is at least as effective as the requirement to which the modification is an alternative; and
       (d)   approval of the modification would not contravene SOLAS.

6A Review of decisions
       A decision under this Order, other than a decision under section 5 or 6, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1    A decision under section 5 or 6 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is