Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p17
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 17/40)
Character Range: 222558–225644

Navigation Act provides that regulations may provide for assigning tonnages to vessels and measuring of tonnage of vessels.
       1B.3 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Navigation Act.
       1B.4 Subsection 342(1) of the Navigation Act provides for the making of orders for anything that can be made by the regulations.

[2] Section 2, heading
substitute

2 Definitions
       In this Order:

[3] Section 2, definitions of AMSA, Australian Register of Ships, Chief Marine Surveyor, General Manager, IMO, MARPOL, passenger certificate, penal provision, Safety Convention, survey authority and Tonnage Measurement Convention
omit

[4] Section 2, at the foot
insert
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
          * Australian General Shipping Register
          * Australian International Shipping Register
          * General Manager, Ship Safety Division
          * IMO
          * Manager, Ship Inspection and Registration
          * SOLAS.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * recognised organisation
           * regulated Australian vessel
           * Tonnage Convention.

[5] Subsection 3.4
omit

[6] Sections 4 and 5
substitute

4 Application
       This Order applies to each of the following vessels:
(a) a vessel to which the Tonnage Convention applies;
(b) a vessel for which application is made for measurement for tonnage in accordance with this Order;
     (c) a vessel to which section 159 of the Navigation Act applies;
     (d) a vessel to which section 319 of the Navigation Act applies.

5 Review of decisions
       A decision made under this Order by the Manager, Ship Inspection and Registration is a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

[7] Subsection 7.1, footnote 5
substitute as note to subsection 7.1
Note   The tonnage measurement function has generally been delegated to recognised organisations. The Manager, Ship Inspection and Registration may be able to advise on the operation of the function.

[8] After subsection 7.2.1
insert
       7.2.1AAn offence against subsection 7.2.1 is a strict liability offence.
       7.2.1BA person is liable to a civil penalty if the person contravenes subsection 7.2.1.
Civil penalty: 50 penalty units.

[9] After subsection 7.2.3
insert
       7.2.4An offence against subsection 7.2.3 is a strict liability offence.
       7.2.5A person is liable to a civil penalty if the person contravenes subsection 7.2.3.
Civil penalty: 50 penalty units.

[10] Subsection 8.1
substitute

Australian Tonnage Certificate
       8.1A tonnage certificate issued under section 155 of the Navigation Act is to be accordance with the form set out in Schedule 1.
Note   A tonnage certificate issued for a vessel constructed or adapted for the carriage