Document ID: chunk:federal_register_of_legislation:F2024C00336:front:0:p4
Version: federal_register_of_legislation:F2024C00336
Segment Type: other
Provision Reference: 
Character Range: 7747–10528

body.
       (3) A term that is used in this Order but is not defined for this Order, and is defined in SOLAS or in a code mentioned in this Order, has the meaning given by SOLAS or the code.
       (4) For this Order, a vessel is taken to have been constructed when:
(a) the keel is laid; or
(b) construction identifiable with the vessel starts and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.
       (5) For this Order, the number of persons that a vessel is certified to carry is taken to be the number of persons for whom lifesaving appliances are provided as mentioned in the record of equipment annexed to the vessel's passenger ship safety certificate, cargo ship safety equipment certificate or certificate of survey.

6 Application
       (1) This Order applies to the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel as set out in Division 2.
       (2) A cargo vessel that is converted to a passenger vessel is taken to be a passenger vessel constructed on the date when the conversion commences.
       (3) If a vessel is certified in accordance with a code mentioned in Marine Order 49 (High speed craft) 2009 or the code mentioned in Marine Order 50 (Special purpose vessels) 2012, and a provision of the code is inconsistent with a provision of this Order, the vessel is taken to comply with this Order if it complies with the code.

7 Exemptions
       (1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
       (2) AMSA may give an exemption only if satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
       (3) An exemption granted or continued under Marine Order 25 (Equipment — lifesaving) 2009, and in force immediately before this Order came into force, is taken to have been granted or continued in force under this Order.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
              * making an application
              * seeking further information about an application
              * the time allowed for consideration of an application
              * imposing conditions on approval of an application
              * notification of a decision on an application
              * review of decisions.

8 Equivalents
       (1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
       (2)