Document ID: chunk:federal_register_of_legislation:F2024C00338:front:0:p3
Version: federal_register_of_legislation:F2024C00338
Segment Type: other
Provision Reference: 
Character Range: 5400–8291

Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au. The text of the original SOLAS convention and any amendments in force are in the Australian Treaty Series, accessible through the Australian Treaties Library on the AustLII website at http://www.austlii.edu.au.
Note 4   For delegation of AMSA's powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Interpretation
        A reference to the Administration in SOLAS, an IMO resolution or a document mentioned in this Order is taken to mean AMSA.

6 Application
       (1) This Order applies to:
(a) a regulated Australian vessel; and
(b) a foreign vessel.
       (2) Division 2 applies to a domestic commercial vessel.

7 Exemptions
       (1) The owner of a regulated Australian vessel may apply for an exemption of the vessel from a requirement of this Order in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013.
       (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 is subject to any conditions AMSA imposes to ensure the safety of the vessel.
       (4) The owner of the vessel must comply with any conditions mentioned in subsection (3).
Note 1   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.
Note 2   For transitional arrangements for an exemption given from a provision of a previous issue of this Order — see Division 5.

8 Equivalents
       (1) A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for approval to use an equivalent.
Note   For definitions of equivalent and use — see section 6 of Marine Order 1 (Administration) 2013.
       (2) AMSA may approve use of an equivalent only if satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
Note    For transitional arrangements for an approval to use an equivalent that was given under a previous issue of this Order — see Division 5.
Division 2 Safety measures

9 Manning of vessels
       (1) For subsection 51(2) of the Navigation Act, AMSA must have regard to IMO Resolution A.1047 (27) Principles of minimum safe