Document ID: chunk:federal_register_of_legislation:F2016L01939:body:0:p4
Version: federal_register_of_legislation:F2016L01939
Segment Type: other
Provision Reference: 
Character Range: 7855–10743

in accordance with Marine Order 1 (Administration) 2013.

8 Approvals
       An issuing body may, in writing, approve for a vessel its material, equipment, appendages or arrangement in accordance with Chapters 3, 6 and 7 of the Polar Code if:
(a) for material, equipment or appendages — it is satisfied that its use is safe; and
(b) for an arrangement — it is satisfied that the arrangement is safe.
Note   AMSA has an agreement with each of the recognised organisations mentioned in Schedule 1 of Marine Order 1 (Administration) 2013 for the provision of survey and certification services for vessels registered in Australia. These bodies are authorised to make approvals on behalf of AMSA in accordance with that agreement.
Division 2 Polar Ship Certificate issued under the Navigation Act

9 Certificate required
       For subsection 98(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified safety certificates), a regulated Australian vessel that operates in polar waters must have a Polar Ship Certificate.

10 Applying for certificate
       (1)For subsection 99(1) of the Navigation Act (which enables a person to apply to an issuing body for a safety certificate specified in the regulations), a Polar Ship Certificate is specified.
 (2) For subsection 99(2) of the Navigation Act, Division 3 of Marine Order 1 (Administration) 2013, other than section 17, applies to an application to AMSA for a certificate mentioned in subsection (1).
Note 1    An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.

11 Criteria for issue of certificate
       For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a Polar Ship Certificate are that:
       (a)      a polar service temperature for the vessel has been determined by the owner in accordance with paragraph 1.4.2 of the Polar Code; and
(b) an assessment of operational limitations of the vessel and its equipment has been undertaken by the owner in accordance with paragraph 1.5 of the Polar Code; and
(c) the vessel has been surveyed in accordance with paragraph 1.3 of the Polar Code; and
(d) the vessel complies with the requirements mentioned in the Polar Code for structure, equipment, fittings, machinery and electrical installations, fire safety, life-saving, and navigation and communication equipment and arrangements.
Note for paragraph (c)   For a