Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p31
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 31/40)
Character Range: 292171–295234

Navigation Act provides for regulations about logbooks.

[4] Section 2, heading
substitute

2 Definitions
       In this Order:

[5] Section 2, definitions of AMSA, Deputy CEO, IMO, Manager, Ship Inspections, Manager, Ship Operations and Qualifications, Navigation Act and non-SOLAS ship
omit
[6] Section 2, definition of Radio Regulations
substitute
       Radio Regulations has the same meaning as in Regulation 2.11 of Chapter IV of SOLAS.
Note   The text of the Radio Regulations is available at the International Telecommunications Union website: http://www.itu.int.
[7] Section 2, definitions of SOLAS, SOLAS ship, STCW Code, STCW Convention and survey authority
omit
[8] Section 2, note
substitute
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * Manager, Ship Inspection and Registration
         * SOLAS
         * STCW Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * inspector
         * owner
         * recognised organisation
         * regulated Australian vessel
         * STCW Convention.

[9] Subsection 3.5
omit

[10] Subsections 4.1 and 4.2
substitute
       4.1This Order applies to the each of 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.
       4.2This Order applies to a foreign vessel that is a vessel to which Chapter IV of SOLAS applies only to the extent that the vessel fails to comply with SOLAS.

[11] Section 5, heading
substitute

5 Exemptions

[12] After subsection 5.1
insert
       5.1AA person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       5.1BThe decision maker for the application is the Manager, Ship Inspection and Registration.

[13] Subsections 5.4 and 5.5
omit

[14] Subsection 5.6, note
substitute
Note   Marine Order 1 (Administration) 2011 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
          * notification of a decision on an application
          * review of decisions.

[15] Section 6
substitute

6 Equivalents
       6.1A 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 6.4.
       6.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       6.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the