Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p14
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 14/40)
Character Range: 212565–215521

port; or
 (iii) in the internal waters of Australia; or
 (iv) in the territorial sea of Australia, other than in the course of innocent passage.
       4.1AHowever, this Order does not apply to:
(a) a fishing vessel; or
(b) a vessel to which SOLAS applies to the extent that the vessel complies with Chapter XI-1 of SOLAS.

[7] Sections 5 and 6
substitute

5 Exemptions
       5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about exemptions and equivalents:
             *       making an application
             *       seeking further information about an application
             *       the time allowed for consideration of an application
             *       imposing conditions on approval of an application
             *       notification of a decision on an application
             *       review of decisions.

6 Equivalents
       6.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note   For definitions of equivalent and use, see subsection 6.4.
       6.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       6.3The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
       (a)   use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
       (b)   approving use of the equivalent would not contravene SOLAS.
       6.4For this provision:
equivalent means:
(a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a vessel; or
(b) an arrangement that could be made or a procedure that could be followed in or for a vessel as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.

[8] Section 9
substitute

9 Registered owner identification number
       Regulation 3-1 of Chapter XI-1 of SOLAS has effect in relation to the person with overall general control and management of the vessel and the registered