Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p3
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 5268–7904

safety management systems. For complying with Part A of the ISM Code, see the relevant national law requirement for crewing in Schedule 1 to this Marine Order.
Note 2   A safety management system may be for more than 1 vessel.

5 Criteria for issue of certificate
        For paragraph 48(1)(c) of the national law, the criteria for the issue of a certificate of operation by the National Regulator are as follows:
(a) for each vessel for which the certificate is to be issued and a unique identifier is required — the vessel has a unique identifier;
(b) for each vessel for which the certificate is to be issued — the following has been complied with:
 (i) for a Class 1, Class 2 or Class 3 vessel — either:
(A) Schedule 1; or
(B) Part A of the ISM Code and paragraphs 2(3)(d) and 7(6)(b) and (c) of Schedule 1; and
 (ii) for a Class 4 vessel — the operation requirements in Schedule 1 that apply to the vessel and Schedule 2.
Note   The applicant must also demonstrate appropriate competence and capacity for the safe operation of the vessel — see paragraph 48(1)(b) of the national law.

6 Renewal of certificate
       (1) The National Regulator may renew a certificate of operation if:
(a) the application for renewal of the certificate of operation has been made in the approved form and accompanied by the prescribed fee; and
(b) the certificate of operation for which renewal is sought was in force within the 2 year period before the application for renewal was made; and
(c) no change is sought to:
 (i)  the vessels set out in the certificate; or
 (ii) the service category of the vessels; or
 (iii) the kind of operation; and
(d) the operation of the vessels continues to comply with this Order.
       (2) A decision to refuse to renew a certificate of operation is a reviewable decision for sections 16 and 17 of Marine Order 501.
Note   A certificate of operation which has expired is no longer in force. If a certificate of operation has expired, the vessel or vessels mentioned on the certificate must not be operated until the certificate has been renewed. An application made 2 years or more after the certificate expires is a new application and would be considered in accordance with section 5.

7 Conditions on certificate
       (1) For paragraph 48(4)(a) of the national law, a certificate of operation is subject to the following conditions:
       (a)     there continues to be a safety management system in place for each vessel to which the certificate applies that complies with the requirements of this Order for a safety management system;
       (b)      the requirements in section 5 that apply continue