Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p9
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 19977–22486

the vessel may be used.
pen, for a Class 4 vessel, means a designated cruising area surrounded by a set of markers.
Example
A line of buoys.
personal watercraft means a vessel that:
(a) is less than 4 m long; and
(b) has an internal combustion engine powering a water-jet pump as its primary source of propulsion; and
(c) is designed to be operated by at least 1 person sitting, standing or kneeling on the hull of the vessel.
propulsion power has the meaning given by section 5 of Marine Order 505.
rest means a period of time when a person is, except in the case of emergency, free of all duties and functions.
seafarer certificate has meaning given by section 14 of the Navigation Act 2012.
service category, for a vessel, means the service category assigned to a vessel under section 2.4 of NSCV Part B.
takeaway vessel means a Class 4 vessel that is collected by the hirer and driven on a trailer elsewhere to be launched.
tour leader means a person on a Class 2 vessel that is overseeing a tour made up of more than 1 Class 4 vessels being operated by 1 or more hirers.
vessel use category means a vessel use category mentioned in the table to subsection 2.1(1) of NSCV Part B.
Note 1   Some terms used in this Order are defined in Marine Order 501, including:
           * AMSA
           * increased level of risk
           * national law
           * NSCV
Note 2   Other terms used in this Order have the same meaning that they have in the national law, including crew, domestic commercial vessel, marine incident, master and owner.

16 Existing vessel — meaning
       (1) For this Order, a domestic commercial vessel is an existing vessel if:
(a) a person was entitled to use the vessel in connection with a commercial, governmental or research activity at any time in the 2 years ending on 30 June 2013; and
(b) the vessel was not a foreign vessel at any time in the 2 years ending on 30 June 2013.
       (2) However, a vessel is not an existing vessel if there has been a break, in its use in connection with a commercial, governmental or research activity, of a period of more than 2 years after 30 June 2013.
       (3) Also, a vessel is not an existing vessel if the National Regulator considers that:
(a) it has been altered or modified to the extent that it must be reassessed against the standards for construction, subdivision or stability that apply to the vessel; or
(b) the nature of its operations or its area of operation has changed so that there is an increased level of risk.

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