Document ID: chunk:federal_register_of_legislation:F2017C00977:front:0:p3
Version: federal_register_of_legislation:F2017C00977
Segment Type: other
Provision Reference: 
Character Range: 5142–8060

(3)For this Order, the Administration is:
(a) for a regulated Australian vessel — AMSA; or
(b) for a foreign vessel — the administration of the country in which the vessel is registered.
       (4)A person is taken to comply with the IMSBC Code if the person complies with the Code as amended for dates of voluntary application of amendments.
Note   The IMO invites SOLAS Contracting Governments to apply amendments to the Code voluntarily on an earlier date than the mandatory date.  Australia as a SOLAS Contracting Government gives effect to the date for voluntary application.

6 Application
       This Order applies to the loading, stowing, carriage and unloading of solid bulk cargoes in:
(a) a regulated Australian vessel; or
(b) a foreign vessel.

7 Exemptions
       (1)A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption from a requirement of paragraph 11(1)(c).
       (2)AMSA may give an exemption only if satisfied that:
(a) requiring compliance with the requirement would be unreasonable or impracticable; and
(b) giving the exemption would not contravene SOLAS or the IMSBC Code.
       (3)An exemption is subject to any conditions AMSA specifies in the instrument of exemption to ensure safe vessel operations.
       (4)The person who applies for the exemption must comply with any condition imposed on the exemption that applies to the person.
Penalty: 50 penalty units.
       (5)The person who applies for the exemption must ensure compliance with any other condition imposed on the exemption over which the person has control.
       (6)The master of the vessel must ensure that a copy of the instrument of exemption is kept on the vessel for the duration of each voyage to which the exemption applies.
Penalty: 50 penalty units.
       (7)An offence against subsection (4) or (6) is a strict liability offence.
       (8)A person is liable to a civil penalty if the person contravenes subsection (4) or (6).
Civil penalty: 50 penalty units.
Note   Marine Order 1 (Administration) 2013 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.

8 Equivalents
       (1)A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
       (2)AMSA may approve use of an equivalent only if:
(a) it 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 or the IMSBC Code.