Document ID: chunk:federal_register_of_legislation:F2014L01004:body:0:p2
Version: federal_register_of_legislation:F2014L01004
Segment Type: other
Provision Reference: 
Character Range: 2688–5526

Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about any matter for which provision must or may be made by regulations.

4 Definitions
       In this Order:
Chapter XII means Chapter XII of SOLAS.
statement for carrying dry cargoes in bulk means:
(a) for a regulated Australian vessel — a statement for carrying dry cargoes in bulk mentioned in section 18; and
(b) for a foreign vessel — a statement for carrying dry cargoes in bulk mentioned in paragraph 1.10 of IMO Resolution MSC.277(85).
Note 1   A copy of IMO documents mentioned in this Order is available on the IMO website at http://www.imo.org or AMSA's website at http://www.amsa.gov.au.
Note 2   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
         * equivalent
         * IMO
         * SOLAS.
     Note 3   Other terms used in this Order are defined in the Navigation Act, including:
         * foreign vessel
         * issuing body
         * regulated Australian vessel
         * vessel.
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
       In this Order:
(a) a term that is used in this Order but is not defined for this Order, and is defined in Chapter XII, has the meaning given by Chapter XII; and
(b) a reference to the Administration in Chapter XII or an IMO resolution or document mentioned in this Order is taken to mean AMSA; and
(c) any unified interpretation approved by the IMO for Chapter XII is to be taken into account when complying with the requirements of this Order.

6 Date of construction of vessel
       For this Order, a vessel is taken to have been constructed when:
(a) the keel is laid; or
(b) both:
 (i) construction identifiable with a specific vessel starts; and
 (ii) the lesser of at least 50 tonnes, or 1% of the estimated total mass of all structural material, of the vessel is assembled.

7 Application
       This Order applies to:
(a) a regulated Australian vessel; and
(b) a foreign vessel.

8 Exemptions
       (1)A person may apply for an exemption of a vessel from a requirement of this Order in accordance with the application process mentioned in Marine Order 1 (Administration) 2013.
       (2)AMSA may give an exemption only if satisfied that it would not contravene SOLAS.
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
         * notifying a decision on an application
         * review of decisions.

9 Equivalents
       (1)A person may apply for approval