Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p10
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 10/40)
Character Range: 201644–204329

or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.

6 Review of decisions
       A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1    A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
Note 2   Section 313 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.

7 Meaning of relevant port in sections 7A and 7B
       7.1In sections 7A and 7B:
relevant port means:
(a) for a regulated Australian vessel — any port; or
(b) for a foreign vessel — a port in Australia.

7A Safety certificate to be in force — dangerous chemicals in bulk
       7A.1The master of a vessel must not permit dangerous chemicals in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.
Penalty: 50 penalty units.
       7A.2An offence against subsection 7A.1 is a strict liability offence.
       7A.3A person is liable to a civil penalty if the person contravenes subsection 7A.1.
       Civil penalty: 50 penalty units.
       7A.4 The owner of a vessel must ensure that dangerous chemicals in bulk are not loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.
Penalty: 50 penalty units.
       7A.5 An offence against subsection 7A.4 is a strict liability offence.
       7A.6 A person is liable to a civil penalty if the person contravenes subsection 7A.4.
       Civil penalty: 50 penalty units.
       7A.7 In this section:
     appropriate safety certificate means:
(a) for a vessel constructed before 1 July 1986 — a valid Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued in accordance with the BCH Code; and
(b) for a vessel constructed after 30 June 1986 — a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued in accordance with the IBC Code.

7B Safety certificate to be in force — liquefied gases in bulk
       7B.1The master of a vessel must not permit liquefied gases in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not