Document ID: chunk:federal_register_of_legislation:F2016L01927:body:0:p3
Version: federal_register_of_legislation:F2016L01927
Segment Type: other
Provision Reference: 
Character Range: 5281–8175

defined in the Navigation Act, including:
         * foreign vessel
         * issuing body
         * owner
         * regulated Australian vessel.
Note 3   For delegation of AMSA's powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.
Note 4   Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Interpretation
       In this Order:
(a) a term that is used but is not defined for this Order, and is defined in SOLAS, has the meaning given by SOLAS; and
(b) for a regulated Australian vessel — a reference to the Administration in a code mentioned in this Order is taken to mean AMSA.

6 Application
       This Order applies to:
(a) other than Division 3 — a regulated Australian vessel; and
(b) other than Division 2 — a foreign vessel.

7 Exemption
       (1)An owner of a regulated Australian vessel may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2013, for an exemption from a requirement of this Order.
       (2)AMSA may give an exemption only if satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS or a code mentioned in this Order.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
         * 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.
       (3)An exemption is subject to any condition AMSA imposes to ensure the safety of the vessel.
       (4)The owner of a vessel must comply with any condition mentioned in subsection (3).

8 Equivalents
       (1)An owner of a regulated Australian vessel 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 satisfied that use of the equivalent:
(a) would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) would not contravene SOLAS or a code mentioned in this Order.

9 Approvals
       (1)An owner of a regulated Australian vessel may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an approval to carry in polar waters noxious liquid substances in bulk that are mentioned in paragraph 2.1.3 of Part II-A of the Polar Code.
       (2)AMSA may, in writing, approve