Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p5
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 5/13)
Character Range: 763611–766419

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   Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 132, 133 and 134 of the Act relating to pollution certificates.

[13] Subsection 8.5.3, note
omit

[14] After subsection 8.5.3
insert
       8.5.4An offence against subsection 8.5.3 is a strict liability offence.
       8.5.5A person is liable to a civil penalty if the person contravenes subsection 8.5.3.
Civil penalty: 50 penalty units.
       8.5.6If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.5.3 must be made through the Rescue Coordination Centre (RCC) Australia (telephone +61 2 6230 6811; fax +61 2 6230 6868).
       8.5.7If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated.

[15] Subsection 9.1
substitute

9.1 Preliminary matters about ISPP certificates
       9.1.1For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have an ISPP certificate.
       9.1.2For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an ISPP certificate is specified for a vessel to which this Order applies.
       9.1.3For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for the issue of an ISPP certificate for a vessel are that the vessel:
(a) complies with Regulation 4 of Annex IV; and
(b) has been surveyed in accordance with section 8; and
(c) complies with the requirements that apply to it under section 8.
       9.1.4For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an ISPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 8; and
(b) the vessel complies with the requirements that apply to it under section 8; and
(c)  the variation is in accordance with subsection 9.4.
       9.1.5The form of an ISPP certificate is the International Sewage Pollution Prevention Certificate set out in the Appendix to Annex IV.
Note   A new certificate for a ship transferring to the Australian flag will not be issued until an issuing body is satisfied that the ship complies with Annex