Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:4:p1
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 4 (pt 1/12)
Character Range: 453150–456012

4  Application
       4.1This Order applies to:
(a) a regulated Australian vessel on which it is intended to take on, that is taking on, has on board or is carrying livestock between ports, wherever those ports are located; and
(b) a foreign vessel on which it is intended to take on, that is taking on, or has on board livestock at any port in Australia or that is carrying livestock to sea from any port in Australia.
       4.2However, this Order does not apply to a vessel if:
(a) it arrives at a port in Australia carrying livestock loaded at a port outside Australia; and
(b) an inspector is satisfied that the provisions of this Order are being substantially complied with for the livestock.

5 Modifications
       5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for the modification of a requirement of this Order, other than a requirement of subsection 10.5.
       5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3 The Manager, Ship Inspection and Registration may allow a modification only if he or she is 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) allowing the modification would not contravene SOLAS.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and other matters mentioned in it:
           * 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.

5A Equivalents
       5A.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note   For definitions of equivalent and use — see subsection 5A.4.
       5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
       5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is 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; and
(c) approving the equivalent would not contravene subsection 10.5.
       5A.5 In this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that