Document ID: chunk:federal_register_of_legislation:F2013L00871:front:0:p3
Version: federal_register_of_legislation:F2013L00871
Segment Type: other
Provision Reference: 
Character Range: 4741–7578

in Marine Orders.

4A Power
       4A.1Paragraph 25(2)(d) of the Navigation Act provides for regulations to prescribe matters of which AMSA must be satisfied before, by written instrument, making an opt-in declaration for a vessel.
       4A.2Subsection 26(2) of the Navigation Act provides that if AMSA is satisfied of matters prescribed by the regulations AMSA is to revoke an opt- in declaration for a vessel if requested by the owner, or any of the owners.
       4A.3Subsection 305(1) of the Navigation Act provides for regulations to provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty as an alternative to civil proceedings.
       4A.4Subsection 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 Act.
       4A.5Paragraph 339(2)(o) of the Navigation Act provides for regulations to be made providing for regulations of a transitional nature arising out of the enactment of the Navigation Act or the repeal of the Navigation Act 1912.
       4A.6 Paragraph 341(3)(b) of the Navigation Act provides for regulations to be made providing for review of decisions under the regulations.
       4A.7 Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations.

[2] Section 5, definition of Act
omit

[3] Section 5, definition of surveyor
substitute
Marine Order means an order made under subsection 342(1) of the Navigation Act, section 24 of the AFS Act or section 34 of the Pollution Prevention Act.

[4] Sections 6 and 7
substitute

6 Definitions
       In a Marine Order, unless otherwise provided:
AFS Act means the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.
Area Manager means the person occupying the AMSA position of:
(a) Manager, Ship Safety Division — North; or
(b) Manager, Ship Safety Division — South; or
(c) Manager, Ship Safety Division — East; or
(d) Manager, Ship Safety Division — West.
Australian fishing vessel means a fishing vessel that is registered or entitled to be registered, in Australia.
Australian General Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.
Australian International Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.
cargo vessel has the meaning given to cargo ship in Regulation 2 of Chapter 1 of SOLAS.
fishing operations means:
(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.
fishing vessel means