Document ID: chunk:federal_register_of_legislation:F2020L00723:body:0:p6
Version: federal_register_of_legislation:F2020L00723
Segment Type: other
Provision Reference: 
Character Range: 12753–15610

of compliance to AMSA.
       (2) The holder of the document must comply with a notice issued under subsection (1).
Penalty: 50 penalty units.
       (3) An offence against subsection (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 50 penalty units.
Note   A safety management certificate may be revoked if a related document of compliance or interim document of compliance has been revoked or varied — see section 23.

17 Copy of document of compliance or interim document of compliance to be kept on board a regulated Australian vessel
       (1)The master of a regulated Australian vessel may take the vessel to sea only if there is on board a copy of a document of compliance or interim document of compliance in effect for the owner of the vessel.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Division 4 Safety management certificates for regulated Australian vessels

18 Certificates required
       For subsection 98(3) of the Navigation Act, (which enables the regulations to provide that specified kinds of vessels are required to have specified safety certificates), a regulated Australian vessel must have a safety management certificate or an interim safety management certificate.
Note   It is an offence under sections 103 and 104 of the Navigation Act to take a regulated Australian vessel to sea without a safety certificate of a specified kind in force for the vessel.

19 Applying for safety management certificate or interim safety management certificate
       For subsection 99(1) of the Navigation Act, (which enables a person to apply to an issuing body for a safety certificate specified in the regulations), a safety management certificate and an interim safety management certificate are specified.

20 Issue criteria for safety management certificate and interim safety management certificate
       (1)For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a safety management certificate are that:
(a) a document of compliance valid for the kind of vessel has been issued to the owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code; and
(b) the safety management system for the vessel is being applied on the vessel in accordance with the ISM Code and the ISM Guidelines.
       (2)However, if a person holds a safety management certificate that is in force when the person applies to the issuing body, the criterion is that a renewal verification mentioned in paragraph 4.6 of the ISM Guidelines has been performed.
       (3) For paragraph 100(1)(b) of the Navigation Act, the