Document ID: chunk:federal_register_of_legislation:F2013L00871:front:0:p6
Version: federal_register_of_legislation:F2013L00871
Segment Type: other
Provision Reference: 
Character Range: 12415–15031

of the Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides similarly about provisions of Orders made under the Pollution Prevention Act. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders.
Note 2   Orders made under the Navigation Act (unlike those made under the Navigation Act  1912)  may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, s 341(1)(a) and s 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, s 341(1)(a) and Crimes Act 1914, s 4B. Orders may also impose civil penalties — see Navigation Act, s 341(1)(b).
Note 3    For the value of a penalty unit — see Crimes Act 1914, s 4AA.
Note 4    For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, s 4C.

[6] Division 4
substitute
Division 4 Approved forms

20 Approved forms
       If AMSA approves a form for a particular purpose in an Order, the approved form must be used for that purpose.
Note 1   AMSA may, in writing, approve a form for a provision of an Order made under the Navigation Act or the Pollution Prevention Act — see Navigation Act, s 338 and definition of this Act in s14(1), and Pollution Prevention Act, s3A and definition of this Act in s3(1).
Note 2   Approved forms are available on the AMSA website at http://www.amsa.gov.au/forms.
Division 5 Opting in to coverage

21 Opt-in declaration — prescribed matters
       21.1An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form.
Note 1   See section 20 for information about approved forms.
Note 2   AMSA may determine fees for processing applications — see section 47 of the AMSA Act.
       21.2For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following:
(a) the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class;
(b) the vessel is not any of the following:
 (i) a recreational vessel;
 (ii) a Class 1E vessel;
 (iii) a Class 2D or 2E vessel;
 (iv) a Class 3B, 3C, 3D or 3E vessel;
 (v) a Class 4C, 4D or 4E