Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:10:p9
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 10 (pt 9/11)
Character Range: 373788–376660

Carriage of Grain in Bulk adopted by IMO Resolution MSC.23 (59), as in force from time to time.
Note 1   See also the IMO publication International Code for the Safe Carriage of Grain in Bulk, 1991 edition.
Note 2   A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au.

[6] Section 2, definitions of General Manager, IMO, penal provision, SOLAS, survey authority, surveyor and the Navigation Act
omit

[7] Section 2, at the foot
insert
Note 3   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
           * IMO
           * Manager, Ship Inspection and Registration
           * Navigation Act
           * recognised organisation
           * SOLAS.
Note 4   Other terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * inspector.

[8] Subsection 3.4
omit

[9] Subsection 4.1
substitute
       4.1This Order applies to the loading, stowage and carriage of grain in bulk on:
(a) a regulated Australian vessel; or
(b) a foreign vessel that is:
 (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.

[10] Sections 5 and 6
substitute

5 Exemptions
       5.1A 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.
       5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
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 Division 3 of 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