Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p20
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 20/42)
Character Range: 578216–581015

and its intended voyage; and
(b) giving the exemption would not contravene SOLAS, this Order or the USL Code.
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.

5A Equivalents
       5A.1 A 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 5A.4.
       5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
       5A.3 The 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, this Order or the USL Code.
       5A.4 In 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, in or for a vessel as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.

5B Review of decisions
       A decision under subsection 10.1 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note   For review of decisions by the Administrative Appeals Tribunal — see section 313 of the Navigation Act.

[5] Subsection 6.1
substitute
       6.1For sections 103 and 104 of the Navigation Act, a sailing vessel must have a certificate of survey appropriate to the voyage.
Note 1    It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.
Note 2   In addition to a certificate of survey appropriate to the voyage, a sailing vessel may require certificates provided for in other Marine Orders. For example, Marine Order 31 (Ship surveys and certification) 2006, sets out requirements for sailing vessels with a gross tonnage of over 50 tons.

[6] Subsection 6.2, heading and note
omit

[7]