Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p34
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 34/40)
Character Range: 303277–306848

17.4, 17.5 and 18.3, applies to a foreign vessel:
(a) in an Australian port; or
(b) entering or leaving an Australian port; or
(c) in the internal waters of Australia; or
(d) in the territorial sea of Australia, other than in the course of innocent passage.
Note 1   port includes a harbour — see Navigation Act, s 14(1).
Note 2   The provisions mentioned in subsection 7.2 impose specific requirements for regulated Australian vessels beyond the requirements of the STCW Convention and Code.

[5] After subsection 9.2
insert
       9.2AAn offence against subsection 9.2 is a strict liability offence.
       9.2BA person is liable to a civil penalty if the person contravenes subsection 9.2.
Civil penalty: 50 penalty units.

[6] After subsection 9.3
insert
       9.3AAn offence against subsection 9.3 is a strict liability offence.
       9.3BA person is liable to a civil penalty if the person contravenes subsection 9.3.
Civil penalty: 50 penalty units.

[7] After section 13
insert
       13.2An offence against subsection 13.1 is a strict liability offence.
       13.3A person is liable to a civil penalty if the person contravenes subsection 13.1.
Civil penalty: 50 penalty units.

[8] Subsection 16.5, notes 1 and 2
substitute
Note 1   Under section 185 of the Navigation Act, the owner of a vessel must report marine incidents and dangers to navigation to AMSA.  Under section 186 of the Navigation Act, the master of a vessel must report marine incidents and dangers to navigation to AMSA.  Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters in relation to reports under sections 185 and 186.
Note 2   Section 221 of the Navigation Act enables requirements to be prescribed for reporting about movements of vessels.  Marine Order 63 (AUSREP) 2006 prescribes the requirements.

[9] Subsection 17.3
omit
seafarer, including the master and chief engineer, must
insert
seafarer must

[10] Subsection 18.3, note
omit
ship to which Part II of the Navigation Act applies — see s 7.1 and 7.2.
insert
regulated Australian vessel — see s 7.1 and 7.2.

[11] Further amendments
provision                           omit each mention of                      insert
Section 1                           Order 28, issue 4                         Order 28 (Operations standards and procedures) 2012
Section 4                           This                                      4.1 This
Section 4                           ships                                     vessels
Subsection 5.1                      Subsection 151(1A)                        Paragraph 340(1)(h)
Subsection 5.2                      425(1)                                    339(1)
Subsection 5.4                      425(1A)                                   342(1)
Division 2, heading                 operators                                 owners
Section 8                           Operators of ships                        Owners of vessels
Section 9, heading                  Operators of ships                        Owners of vessels
Section 9                           operator of a ship                        owner of a vessel
Section 9                           ship                                      vessel
Subparagraph 9.2(a)(i)              Orders, Part 3 (Seagoing Qualifications)  Order 3 (Seagoing qualifications) 2004
Paragraph 9.2(e)                    ship's                                    vessel's
Subsections 9.2 and 9.3             This is a penal provision.                Penalty:   50 penalty units.
Sections 11, 12, 13, 15, 16 and