Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p14
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 14/16)
Character Range: 439988–442888

to:
(a) the stowing and securing of cargoes in:
 (i) a regulated Australian vessel; and
 (ii) a foreign vessel:
(A) in an Australian port; or
(B) entering or leaving an Australian port; or
(C) in the internal waters of Australia; or
(D) in the territorial sea of Australia, other than in the course of innocent passage; and
(b) a cargo unit or cargo transport unit packed or being packed for transport on a vessel mentioned in paragraph (a).

[9] Sections 5 and 6
substitute

     5 Equivalents
       5.1A 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 5.4.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3The decision maker may approve use of an equivalent only if:
       (a) he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
       (b) use of the equivalent would not contravene SOLAS.
       5.4For 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, the CSS Code or the TDC Code requires to be fitted or carried in the vessel; or
       (b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order, the CSS Code or the TDC Code.
     use, of an equivalent, includes:
       (a) for a fitting, material, appliance or apparatus — fitting or carrying it in or on a vessel; and
       (b) for an arrangement or procedure — making the arrangement or following the procedure.
     Note   Marine Order 1 (Administration) 2011 deals with the following matters about equivalents and exemptions:
             *       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 Exemptions
       5A.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, the CSS Code or the TDC Code.
       5A.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5A.3The decision maker may give an exemption only if he or she is satisfied that:
(a) requiring compliance with the requirement would be unreasonable or impracticable; and
(b) giving the