Document ID: chunk:federal_register_of_legislation:F2022L00748:body:0:p3
Version: federal_register_of_legislation:F2022L00748
Segment Type: other
Provision Reference: 
Character Range: 5538–8250

as a VTS provider.
       (2) The application must be in accordance with Marine Order 1.
Note    Division 3 of Marine Order 1 provides some general rules about the making and determination of various kinds of applications. It provides that if a form is approved for the application, the approved form must be used. An approved form for the application for an instrument of authority is available on the AMSA website at: http://www.amsa.gov.au
       (3) The application must:
(a) set out the proposed VTS area; and
(b) describe the operational objectives for the proposed vessel traffic service and indicate how those objectives will contribute to the safety and efficiency of ship traffic and the protection of the environment; and
(c) state how the applicant will meet the responsibilities of a VTS provider that are mentioned in paragraph 5.3 of the Guidelines; and
(d) provide any document required in the approved form.

6 Issue of instrument of authority
        AMSA may issue an instrument of authority if AMSA is satisfied that:
(a) there needs to be a vessel traffic service for the proposed VTS area; and
(b) the applicant can meet the responsibilities of a VTS provider that are mentioned in paragraph 5.3 of the Guidelines; and
(c) the applicant can meet the responsibilities of a VTS provider that are mentioned in the normative provisions of IALA Standards 1010, 1040, 1050 and 1070.
Note 1   AMSA may conduct an audit of the applicant's operations to assess whether the applicant can meet the requirements of paragraphs (b) and (c) — see subsection 13(1).
Note 2   The normative provisions of the IALA Standards mentioned in paragraph (c) are the provisions that must be adopted by a member state to achieve compliance with the standard.
Note 3   Sections 17 and 18 of Marine Order 1 provide for the review of decisions that are made in accordance with the application process in that Order.

7 Conditions — instrument of authority
       (1) A VTS provider must:
(a) operate in accordance with the Guidelines as if the Guidelines were mandatory; and
(b) operate the vessel traffic service within any VTS area set out in the instrument of authority; and
(c) establish and operate the vessel traffic service in accordance with the normative provisions of IALA Standards 1010, 1040, 1050 and 1070; and
(d) if it is the subject of an audit — comply with a reasonable request made by AMSA during the conduct of the audit.
       (2) AMSA may impose further conditions on the instrument of authority.

8 Form of instrument of authority
        An instrument of authority must include the following:
(a) the name of the VTS provider;
(b) a description of the VTS area;
(c) the operational objectives of