Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p1
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 1/13)
Character Range: 752064–754996

15        Re-locate as a note at the foot of subsection 11.1

Note   Footnotes not mentioned in this item are omitted as a consequence of the text to which they relate being omitted.

[25] Further amendments — definitions
       Each definition in section 2 (other than the definition of IPP certificate) is amended by:
(a) omitting the concluding semi-colon and inserting a full stop; and
(b) formatting the defined term in bold italic.

Schedule 40 Marine Orders Part 94, issue 5
(section 3)

[1] Before section 1
insert

1A Name of Order
       This Order is Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009.

[2] Subsection 1.2.1
substitute
       1.2.1Subsection 339(1) of the Navigation Act provides for regulations prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
       1.2.1A Paragraph 340(1)(c) of the Navigation Act provides that the regulations may give effect to MARPOL.

[3] Section 2, heading
substitute

2 Definitions
       In this Order:

[4] Section 2, definitions of AMSA and Deputy CEO
omit

[5] Section 2, definition of IMDG Code
substitute
IMDG Code means the International Maritime Dangerous Goods Code.
Note   The IMDG Code as currently in force is available from the IMO website at http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA's website at http://www.amsa.gov.au.

[6] Section 2, definitions of IMO, MARPOL, penal provision, surveyor, the Navigation Act and the Pollution Prevention Act
omit

[7] Section 2, note at the foot
substitute
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * IMO
         * MARPOL
         * Navigation Act
         * Pollution Prevention Act.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * inspector
         * International Maritime Dangerous Goods Code.
Note 3   Information on obtaining copies of IMO resolutions and documents referred to in this Order is available from AMSA on AMSA's website at http://www.amsa.gov.au or by email to international.relations@amsa.gov.au.

[8] Section 3
omit

[9] Section 4
omit everything after
applies
insert
       to:
(a) a non-foreign vessel:
 (i) to which Annex III is expressed to apply; or
 (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex III is expressed to apply.
Note   The legislation mentioned 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.
       4.2For subsection 4.1, each of the following is a non-foreign vessel: