Document ID: chunk:federal_register_of_legislation:F2018L00329:body:0:p3
Version: federal_register_of_legislation:F2018L00329
Segment Type: other
Provision Reference: 
Character Range: 5251–7997

this Order are defined in the Navigation Act, including:
         * Australian nationality
         * issuing body
         * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013.
Note 3   Other terms used in this Order are defined in the Pollution Prevention Act, including:
         * Antarctic Protocol
         * areas of ice concentration exceeding 1/10
         * Polar Code.
     Note 4   Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (eg ship).  An example of a provision using terms used in the Pollution Prevention Act is section 22.
Note 5   A copy of IMO documents mentioned in this Order is available on the IMO website at http://www.imo.org. Information on obtaining copies of IMO documents is also on AMSA's website at http://www.amsa.gov.au.
Note 6   For delegation of AMSA's powers under this Order — see the AMSA website at http://www.amsa.gov.au.

5 Application
 (1) This Order applies to a vessel that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel; or
(c) a recreational vessel; or
(d) a domestic commercial vessel.
       (2)However, this Order does not apply to a vessel that is owned or operated by a country other than Australia and used, for the time being, on government non-commercial service.
       (3)Also, Divisions 2 and 3 do not apply to a vessel that is:
(a)  a foreign vessel; or
(b) a recreational vessel that does not have Australian nationality.
       (4) For this Order, Annex IV is taken to apply to a vessel that is owned and operated by the Commonwealth and is used, for the time being, on government non-commercial service.
Note   The application of this Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a State or the Northern Territory or the Marine Safety (Domestic Commercial Vessel) National Law gives effect to the same parts of MARPOL for vessels in the area.

6 Review of decisions
       A decision under section 7, 8, 9 or 21 of this Order is taken to be a reviewable decision for Marine Order 1 (Administration) 2013.
Note 1   Section 17 of Marine Order 1 (Administration) 2013 provides for internal review of decisions. A person affected by the review of a decision under section 17 may apply to the Administrative Appeals Tribunal for review (section 18 of Marine Order 1 (Administration) 2013).
Note 2   Subsection