Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p3
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 3/13)
Character Range: 758221–761267

regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations.

[3] Subsection 1.2.3
substitute
       1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation.
       1.2.4Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter for which provision may be made by regulation.

[4] Section 2, heading
substitute

2 Definitions
       In this Order:

[5] Section 2, definitions of AMSA, Australian ship, Deputy CEO, IMO, Manager, Ship Inspections, MARPOL and penal provision
omit

[6] Section 2, definition of sewage certificate
substitute
ISPP certificate (or International Sewage Pollution Prevention Certificate) means:
(a) a pollution certificate relating to sewage issued under section 132 of the Navigation Act; or
(b) a certificate relating to Annex IV issued under section 319 of the Navigation Act.

[7] Section 2, definitions of survey authority, the Navigation Act and the Pollution Prevention Act
omit

[8] Section 2, at the foot
insert
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
       • Area Manager
       • General Manager, Maritime Operations Division
       • General Manager, Marine Environment Division
       • General Manager, Ship Safety Division
       • IMO
       • Manager, Marine Environment Standards
       • Manager, Ship Inspection and Registration
       • Manager, Ship Operations and Qualifications
       • MARPOL
       • Navigation Act
       • Pollution Prevention Act.
Note 2    Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act including, in the Navigation Act:
       • AMSA
       •          inspector
       •          recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
       •          regulated Australian vessel.
Note 3    Most provisions of this Order are expressed using terms used in the Navigation Act (for example, vessel).  However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (for example, ship).  An example of a provision using terms used in the Pollution Prevention Act is subsection 10.4.
Note 4   There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA's website at http:/www.amsa.gov.au or by email at international relations@amsa.gov.au.

[9] Section 3
omit

[10] Subsection 4.1
omit everything after
applies
insert
       to:
(a) a non-foreign vessel:
 (i) to which Annex IV is expressed to apply; or
 (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex IV is expressed to apply.
Note 1   The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply