Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p17
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 17/42)
Character Range: 567778–570864

Part, unless the contrary intention appears, the following definitions apply:
insert
Order:

[4] Subsection 1.2, definitions of Chief Marine Surveyor, Manager, length and IMO
omit

[5] After definition of valid
insert
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011 including:
           * fishing operations
           * fishing vessel
           * length
           * IMO
           * Manager, Ship Inspection and Registration
           * USL Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * overseas voyage
           * regulated Australian vessel.

[6] Sections 3, 4 and 5
substitute

3 Exemptions
       3.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       3.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       3.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that compliance with the requirement would be impracticable, unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage.
Note   Marine Order 1 (Administration) 2011 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.

4 Equivalents
       4.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note   For definitions of equivalent and use, see subsection 4.4.
       4.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       4.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
       4.4For this provision:
equivalent means:
(a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or
(b) an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.

5 Stability and subdivision
       For compliance with subsection 7.2 of Marine Order 12 (Construction — subdivision and stability, machinery and