Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p2
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 2/13)
Character Range: 754747–758486

not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
       4.2For subsection 4.1, each of the following is a non-foreign vessel:
       (a) a regulated Australian vessel;
       (b) a domestic commercial vessel;
       (c) a recreational vessel that has Australian nationality.

[10] Section 5
substitute

5 Review of decisions
       A decision under section 8 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

[11] After subsection 8.2.3
insert
       8.2.4An offence against subsection 8.2.3 is a strict liability offence.
       8.2.5A person is liable to a civil penalty if the person contravenes subsection 8.2.3.
Civil penalty: 50 penalty units.

[12] Further amendments — definitions
       Each definition in section 2 (other than the definition of IMDG Code) is amended by:
(a) omitting the concluding semi-colon and inserting a full stop; and
(b) formatting the defined term in bold italic.

[13] Further amendments
provision                omit each mention of           insert
Subsection 1.1.1         Part of Marine Orders          Marine Order
Subsection 1.1.2         The Part                       This Order
Subsection 1.1.2         Division 12B of Part IV        Chapter 4
Subsection 1.2.3         Subsection 425(1AA)            Subsection 342(1)
Section 4                Subject                        4.1  Subject
Section 4                subsection 267ZB(2)            section 12
Section 4                Part                           Order
Subsection 6.1           subsection 267ZC               paragraph 340(1)(c)
Section 6, note          surveyor                       inspector
Subsection 7.4.1         the Appendix                   Schedule 1
Section 8                ship                           vessel
Section 8                This is a penal provision.     Penalty:   50 penalty units.
Subsection 8.1, heading  ships                          foreign vessels
Subsection 8.1           a surveyor                     an inspector
Subsection 8.1           the surveyor                   the inspector
Subsection 8.2, heading  ships                          foreign vessels
Subsection 8.2.1         A surveyor                     An inspector
Subsection 8.2.1         8.1                            subsection 8.1
Subsection 8.2.2         surveyor                       inspector
Subsection 8.2.3         8.2.1                          subsection 8.2.1
Appendix, heading        Appendix                       Schedule 1 Marine Pollutants Report Form
                         Marine Pollutants Report Form

Schedule 41 Marine Orders Part 96, issue 2
(section 3)

 [1] Before section 1
insert

1A Name of Order
       This Order is Marine Order 96 (Marine pollution prevention — sewage) 2009.

[2] After subsection 1.2.1
insert
       1.2.1ASubsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates.
       1.2.1BSubsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force.
       1.2.1CSubsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations.

[3] Subsection 1.2.3
substitute
       1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for