Document ID: chunk:federal_register_of_legislation:F2018L00329:body:0:p2
Version: federal_register_of_legislation:F2018L00329
Segment Type: other
Provision Reference: 
Character Range: 2631–5537

the discharge of sewage in areas other than the Antarctic area).

3 Power
       (1)This Order is made under both the Navigation Act and the Pollution Prevention Act.
       (2)The following provisions of the Navigation Act provide for this Order to be made:
(a) section 130 which provides that the regulations may provide for pollution certificates;
(b) section 314 which provides that the regulations may prescribe various matters about certificates;
(c) subsection 339(1) which provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act;
(d) paragraph 340(1)(c) which provides that the regulations may provide for giving effect to MARPOL;
(e) subsection 342(1) which provides that AMSA may make orders about matters that can be provided for by regulations.
       (3)The following provisions of the Pollution Prevention Act provide for this Order to be made:
(a) paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act;
(b) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1) (a) and (b) to be made to give effect to MARPOL;
(c) subsection 34(1) which provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.

4 Definitions and interpretation
       (1)In this Order:
2012 Guidelines means the 2012 Guidelines on implementation of effluent standards and performance tests for sewage treatment plants adopted by IMO Resolution MEPC.227(64), as in force from time to time.
Annex IV means, other than in paragraph 2(c), Annex IV of MARPOL.
ISPP certificate (or International Sewage Pollution Prevention Certificate) means a certificate that:
(a) is a pollution certificate relating to sewage issued under section 132 of the Navigation Act; and
(b) is in the form of the International Sewage Pollution Prevention Certificate set out in the Appendix to Annex IV.
       (2)In this Order, a term that is used but is not defined for this Order, and is defined in MARPOL has the meaning given by MARPOL.
Examples
Definitions of existing passenger ship and new passenger ship in Annex IV.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
         * IMO
         * MARPOL
         * Navigation Act
         * Pollution Prevention Act.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * Australian nationality
         * issuing body
         * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013.
Note 3   Other terms used in