Document ID: chunk:federal_register_of_legislation:F2022L01550:front:0:p5
Version: federal_register_of_legislation:F2022L01550
Segment Type: other
Provision Reference: 
Character Range: 10664–13394

* inspector
         * issuing body
         * marine incident
         * official logbook
         * overseas voyage
         * Polar Code
         * prescribed officer
         * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013)
         * regulated Australian vessel.
Note 3   For delegation of AMSA's powers under this Marine Order —see the AMSA website at http://www.amsa.gov.au.
Note 4    Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Marine Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Interpretation
       (1) For this Marine Order, a reference in the NOx Technical Code or Annex VI to the Administration is taken to mean, for a vessel registered in Australia, AMSA or a recognised organisation.
       (2) For this Marine Order, a reference in Annex VI to the competent authority is taken to mean:
(a) for the Pollution Prevention Act — a prescribed officer; or
(b) for the Navigation Act — AMSA or an inspector.
Note for paragraph (a)   See subsection 3(2) of the Pollution Prevention Act — A reference in a section of that Act to a prescribed officer is a reference to AMSA or such person, or the holder of such office in AMSA, as is prescribed for the purposes of that section.
Note for paragraph (b)   See subsection 254(1) of the Navigation Act which provides for the appointment of an inspector. In addition to powers under the Pollution Prevention Act, Chapters 4 and 8 of the Navigation Act give powers to AMSA and inspectors to verify compliance and enforce the provisions of Annex VI which include the powers that may be exercised as the competent authority under that Annex.

6 Application
       (1) This Marine Order applies to a vessel that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel; or
(c) a recreational vessel; or
(d) a domestic commercial vessel.
       (2) However, the following provisions do not apply to a foreign vessel or a recreational vessel that does not have Australian nationality:
(a) section 7;
(b) section 8;
(c) Division 3;
(d) section 25;
(e) section 31;
(f) Division 7, other than section 41;
(g) section 42;
(h) section 44;
(i) Subdivision 9.2;
(j) sections 55 and 56 ;
(k) sections 61 to 67;
(l) Division 11.
Note   The application of this Marine Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this Marine Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a State or the Northern Territory or the national law gives