Document ID: chunk:federal_register_of_legislation:F2016C01069:body:0:p3
Version: federal_register_of_legislation:F2016C01069
Segment Type: other
Provision Reference: 
Character Range: 5332–8207

obtaining copies of IMO Resolutions or other documents mentioned in this Order is available on AMSA's website at http://www.amsa.gov.au.
Note 5   For delegation of AMSA's powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application of this Order
       (1)Subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act, this Order applies to a vessel:
(a) that is:
 (i) a regulated Australian vessel; or
 (ii) a domestic commercial vessel; or
 (iii) a recreational vessel that has Australian nationality; and
(b) that is a vessel:
 (i) to which Annex II applies; or
 (ii) that is owned or operated by the Commonwealth and used, for the time being, on government non-commercial service.
       (2)Subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act, this Order, other than Division 3, applies to a foreign vessel to which Annex II applies.
Note Division 6 applies to a foreign vessel for subsections 32(1) and 32(1A) of the Pollution Prevention Act (which allows sections 22A to 26AA of that Act to be applied without modification or exception to a foreign ship).

6 Meaning of the Administration
       (1)For paragraph 2 and 4 of regulation 4 of Annex II, the Administration is taken to be AMSA.
       (2)For paragraph 5 of regulation 12 of Annex II, the Administration is taken to be a recognised organisation.

7 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.

8 Exemptions
       (1)A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel to which regulation 4 of Annex II applies from a requirement of this Order.
       (2)AMSA may give an exemption if:
(a) the construction and equipment of the vessel provides equivalent protection against pollution by noxious liquid substances, having regard to the service for which the vessel is intended; and
(b) the exemption would not contravene Annex II.
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, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval