Document ID: chunk:federal_register_of_legislation:F2022L01550:reg:2:p10
Version: federal_register_of_legislation:F2022L01550
Segment Type: reg
Provision Reference: reg 2 (pt 10/16)
Character Range: 39869–42512

application process set out in Marine Order 1 (Administration) 2013, for exclusion of the incinerator from the application of paragraph 6.1 of regulation 16 of Annex VI.
       (2) AMSA may allow exclusion from the application of paragraph 6.1 of regulation 16 of Annex VI if the requirements of paragraph 6.2 of regulation 16 of Annex VI are met.
Note   Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

45 Responsibilities of owner
       (1) A person commits an offence if:
(a) the person is the owner of a vessel; and
(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and
(c) the person does not ensure that a copy of the manufacturer's operating manual for the incinerator is available in accordance with paragraph 7 of regulation 16 of Annex VI.
Penalty: 50 penalty units.
       (2) A person commits an offence if:
(a) the person is the owner of a vessel; and
(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and
(c) the person does not ensure that the seafarers responsible for operating the incinerator are trained so that they can implement the guidance given by the manufacturer's operating manual.
Penalty: 50 penalty units.
       (3) An offence against subsection (1) or (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 50 penalty units.

46 Responsibilities of master
       (1) A person commits an offence if:
(a) the person is the master of a vessel; and
(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and
(c) the combustion chamber gas outlet temperature of the incinerator is not monitored at all times.
Penalty: 50 penalty units.
       (2) A person commits an offence if:
(a) the person is the master of a vessel; and
(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and
(c) waste is fed into the incinerator when the combustion chamber gas outlet temperature is below 850°C.
Penalty: 50 penalty units.
Note   The Unified Interpretation of paragraph 9 of regulation 16 of Annex VI provides that sludge oil generated during the normal operation of a ship should not be regarded as waste for regulation 16 and can be fed into the unit when the required preheat temperature of 650°C in the combustion chamber is reached.
       (3) An offence against subsection (1) or (2) is a strict liability offence.
       (4) A person is liable to a civil penalty