Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p28
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 28/40)
Character Range: 280072–282916

this Code is available on AMSA's website at http://www.amsa.gov.au.

[4] Section 2, definition of surveyor
omit

[5] Section 2, note
substitute
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * cargo vessel
         * IMO
         * length
         * Manager, Ship Inspection and Registration
         * Manager, Ship Operations and Qualifications
         * Navigation Act
         * passenger vessel
         * recognised organisation
         * SOLAS
         * USL Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * foreign vessel
         * inspector
         * regulated Australian vessel
         * seafarer.

[6] Section 4
substitute

4 Application
       4.1This Order applies to the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel:
 (i) in an Australian port; or
 (ii)  entering or leaving an Australian port; or
 (iii)  in the internal waters of Australia; or
 (iv)  in the territorial sea of Australia, other than in the course of innocent passage.
       4.2However, this Order applies to a foreign vessel that is a vessel to which SOLAS applies only to the extent that the vessel fails to comply with Chapter III of SOLAS.
       4.3 A cargo vessel that is converted to a passenger vessel is taken to be a passenger vessel constructed on the date when the conversion commences.
       4.4If a provision of this Order requires or permits the appliances, equipment or arrangements of a vessel to comply with the USL Code, 1 or more requirements of this Order may be replaced by the corresponding requirements of the USL Code.
       4.5If a vessel is certified in accordance with a Code mentioned in Marine Order 49 (High speed craft) 2009 or the Code mentioned in Marine Order 50 (Special purpose vessels) 2012, and a provision of the Code is inconsistent with a provision of this Order, the provision of the Code prevails to the extent of the inconsistency.

[7] After subsection 6.2
insert

Decision making criteria
       6.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS.

Meaning of equivalent and use of an equivalent
       6.4In this section:
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