Document ID: chunk:federal_register_of_legislation:F2019C00887:front:0:p5
Version: federal_register_of_legislation:F2019C00887
Segment Type: other
Provision Reference: 
Character Range: 10329–13088

and a person is taken to comply, with the provision if the vessel or person complies with the ASEL or section 17 of the AMLI Act:
(a) section 36;
(b) section 37;
(c) subdivision 11.1, only as it relates to pigs and goats;
(d) subdivision 11.5.

6 Application
       (1)This Order applies to:
(a) a regulated Australian vessel:
 (i)  on which it is intended to load livestock; or
 (ii)  that is loading or unloading livestock: or
 (iii) that has on board or is carrying livestock between any ports; and
(b) a foreign vessel:
 (i) on which it is intended to load livestock at a port in Australia; or
 (ii) that is loading livestock at a port in Australia; or
 (iii) that has on board livestock loaded at a port in Australia.
       (2)However, for a vessel that is preparing to load, or is loading or carrying livestock on a short voyage, the following provisions of this Order do not apply:
       (a)   Divisions 5, 8 and 12;
       (b)   sections 35, 51 and 52;
       (c)   the carriage requirements for pigs and goats mentioned in subdivision 11.1;
       (d)   the carriage requirements for other species mentioned in subdivision 11.5.
Note   The requirements for pens and passageways for sheep, cattle and horses set out in subdivisions 11.1, 11.2 and 11.3 apply on a short voyage.
       (3)This Order applies to any livestock used for commercial purposes.
Examples
sheep, cattle (including buffalo), horses (including donkeys and mules), goats, pigs, camels.
Note   Cattle includes buffalo. However, for notification and reporting purposes under this Order, buffalo is notified and reported separately.

7 Review of decisions
       A decision under subsection 17(2), 35(3), 59(7), 63(8), 72(2), 74(3), 75(4), 77(2) or 87(3), is taken to be a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.
Note 1   Section 17 of Marine Order 1 (Administration) 2013 provides for internal review of decisions that are made in accordance with the application process in that Order, such as an application for an ACCL by a foreign vessel under Division 3 of this Order. A person affected by the review of a decision under section 17 of Marine Order 1 (Administration) 2013 may apply to the Administrative Appeals Tribunal for review (section 18 of Marine Order 1 (Administration) 2013).
Note 2   Subsection 313(1) of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 100, 101 and 102 of the Act relating to safety certificates.

8 Savings
       Anything that was in force on 30 June 2018 under Marine Order 43 (Cargo and cargo handling — livestock) 2006 has effect as if it were made under this Order.
Division 2 Loading

9 Notice of intention to load livestock
       (1)The master of