Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p4
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 4/13)
Character Range: 761029–763844

and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex IV is expressed to apply.
Note 1   The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
Note 2   A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.

[11] Subsection 4.2
substitute
       4.2For subsection 4.1, each of the following is a non-foreign vessel:
(a) a regulated Australian vessel;
(b) a domestic commercial vessel;
(c) a recreational vessel that has Australian nationality.

[12] 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   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.

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