Document ID: chunk:federal_register_of_legislation:F2024L01458:body:0:p4
Version: federal_register_of_legislation:F2024L01458
Segment Type: other
Provision Reference: 
Character Range: 7453–10052

that:
(a) is less than 4 m long; and
(b) has an internal combustion engine powering a water-jet pump as its primary source of propulsion; and
(c) is designed to be operated by at least one person sitting, standing or kneeling on the hull of the vessel.
propulsion power has the same meaning as in section 5 of Marine Order 505.
rest means a period of time when a person is, except in the case of emergency, free of all duties and functions.
service category, for a vessel, means the service category assigned to a vessel under section 2.4 of NSCV Part B.
takeaway vessel means a Class 4 vessel that is collected by the hirer and driven on a trailer elsewhere to be launched.
tour leader means a person on a Class 2 vessel that is overseeing a tour made up of more than one Class 4 vessels being operated by one or more hirers.
vessel use category means a vessel use category mentioned in the table to subsection 2.1(1) of NSCV Part B.
Note 1   Some terms used in this Marine Order are defined in Marine Order 501, including:
           * AMSA
           * increased level of risk
           * national law
           * NSCV
Note 2   Other terms used in this Marine Order have the same meaning as in the national law, including:
           * crew
           * domestic commercial vessel
           * marine incident
           * master
           * owner.
Note 3   For delegation of the National Regulator's powers under this Marine Order — see the AMSA website at www.amsa.gov.au.
       (2) The National Regulator may determine an operation of a kind for paragraph (c)(vi) of the definition of lower complexity vessel.
Note   In making the determination, the National Regulator will have regard to known hazards or risks for the operation, and the degree of harm resulting, making it inappropriate to be subject to the definition of lower complexity vessel.

5 Existing vessel — meaning
       (1) For this Marine Order, a domestic commercial vessel is an existing vessel if:
(a) a person was entitled to use the vessel in connection with a commercial, governmental or research activity at any time in the 2 years ending on 30 June 2013; and
(b) the vessel was not a foreign vessel at any time in the 2 years ending on 30 June 2013.
       (2) However, a vessel is not an existing vessel if there has been a break, in its use in connection with a commercial, governmental or research activity, of a period of more than 2 years after 30 June 2013.
       (3) Also, a vessel is not an existing vessel if the National Regulator considers that:
(a) it has been altered or modified to the extent that it