Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:6:p10
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 6 (pt 10/14)
Character Range: 734857–737749

section 4
insert

4A Vessels not required to have pollution certificate
       For sections 135 and 136 of the Navigation Act, a vessel for which a certificate of fitness mentioned in the BCH Code or the IBC Code is in force is not required to have an IPP Certificate.

[13] Sections 5 and 6
substitute

     5 Equivalents
       5.1A 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 5.4.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3The decision maker 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.
       5.4For this section:
     equivalent means:
       (a) a fitting, material, appliance or apparatus that could 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 the vessel; or
       (b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order.
     use, of an equivalent, includes:
       (a) for a fitting, material, appliance or apparatus — fitting or carrying it in or on a vessel; and
       (b) for an arrangement or procedure — making the arrangement or following the procedure.
     Note 1   Marine Order 1 (Administration) 2011 deals with the following matters about 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   Under subsection 334(1) of the Navigation Act, the Minister or AMSA may exempt a vessel or person from the application of the Navigation Act or a provision of the Navigation Act.

6 Review of decisions
       A decision under this Order, other than a decision under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1    A decision under section 5 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
Note 2   For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.

[14] After subsection 8.8.3
insert
       8.8.4An offence against subsection 8.8.3 is a strict liability offence.
       8.8.5A person is liable to a civil