Document ID: chunk:federal_register_of_legislation:F2016C01054:body:0:p8
Version: federal_register_of_legislation:F2016C01054
Segment Type: other
Provision Reference: 
Character Range: 17639–20422

person contravenes subsection (1).
Civil penalty: 50 penalty units.

22 Application for permit to operate
       (1)The owner of a high-speed craft may apply to AMSA for a permit to operate it.
       (2)Division 3 of Marine Order 1 (Administration) 2013 applies to an application to AMSA for a permit mentioned in subsection (1).
Note   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications.

23 Issue of permit to operate
       AMSA may issue a permit to operate a high-speed craft if:
(a) an application for the permit to operate high-speed craft has been made under section 22; and
(b) AMSA is satisfied that:
 (i) the owner of the craft has provided details of any conditions to be imposed by the country in which the vessel will operate; and
 (ii) the owner of the craft has identified worst intended conditions and operational limitations for the craft; and
 (iii) a HSC Safety Certificate or DSC Construction and Equipment Certificate is in force for the craft; and
 (iv) an adequate number of seafarers with appropriate seafarer certificates or qualifications are engaged on the craft for its safe operation; and
 (v) the craft is to operate:
(A) for a passenger vessel — not more than 4 hours at 90% of maximum speed from a place of refuge; or
(B) for a cargo vessel more than 500 gross tonnage — not more than 8 hours at 90% of maximum speed from a place of refuge; and
 (vi) the area of operation has adequate communication facilities, weather forecasts and maintenance facilities available; and
 (vii) the area of operation has search and rescue services available; and
 (viii) a route operational manual, craft operating manual, training manual, maintenance manual and servicing schedule are available on board the vessel; and
 (ix) the owner has implemented and maintains a quality management system for the craft.
Note for subparagraph (b)(iv)   For a regulated Australian vessel, requirements for safe manning are set out in Marine Order 21 (Safety of navigation and emergency procedures) 2013.

24 Conditions on permit to operate
       A permit to operate high-speed craft is subject to the following conditions:
(a) any condition imposed by the countries in which the craft will operate;
(b) operational limits for the craft are complied with;
(c) continuing compliance with matters mentioned in subparagraphs 23(b)(iii) to (ix);
(d) any conditions imposed by AMSA.
Note 1   Any conditions mentioned in paragraph (a) should be set out in the craft documentation mentioned in paragraph 18.2 of the HSC Code 2000 and HSC Code 1994.
Note 2   Conditions imposed by AMSA in accordance with paragraph (d) may require compliance with matters mentioned in paragraph 18.1.3 of