Document ID: chunk:federal_register_of_legislation:F2020L00723:body:0:p4
Version: federal_register_of_legislation:F2020L00723
Segment Type: other
Provision Reference: 
Character Range: 7861–10585

document of compliance or interim document of compliance to be kept on board a foreign vessel
       (1)The master of a foreign vessel may take the vessel to sea only if there is on board a copy of a document of compliance or interim document of compliance in effect for the owner of the vessel.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Division 3 Document of compliance for regulated Australian vessels

10 Requirement for document of compliance
       The owner of a regulated Australian vessel must have a document of compliance or an interim document of compliance.

11 Applying for document of compliance
       A person may apply to an issuing body for a document of compliance or an interim document of compliance.

12 Issue of document of compliance or interim document of compliance
       (1)An issuing body may issue a document of compliance to the owner of a vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code if the issuing body is satisfied that the safety management system of the owner meets the requirements of the ISM Code and ISM Guidelines for the kind of vessel mentioned in the document of compliance.
       (2)However, if a person holds a document of compliance that is in force when the person applies to the issuing body, the criterion is that a renewal verification mentioned in paragraph 4.6 of the ISM Guidelines has been performed.
       (3) An issuing body may issue an interim document of compliance in accordance with paragraph 14.1 of the ISM Code and the ISM Guidelines.
       (4) A decision by an issuing body not to issue a document of compliance or an interim document of compliance is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.

13 Conditions on document of compliance
       (1)A document of compliance is subject to the following conditions:
(a) it must be endorsed by the issuing body that issued the document of compliance after annual verifications of the kind mentioned in paragraph 13.4 of the ISM Code and paragraph 4.4 of the ISM Guidelines and within the time period mentioned in paragraph 13.4 of the ISM Code; and
(b) the holder of the document of compliance must tell the issuing body that issued the document of compliance, in writing, if the information on the document of compliance is no longer accurate because of a changed circumstance.
       (2)A decision by an issuing body not to endorse a document of compliance is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.

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