Document ID: chunk:federal_register_of_legislation:F2016L00555:body:0:p4
Version: federal_register_of_legislation:F2016L00555
Segment Type: other
Provision Reference: 
Character Range: 7657–10453

document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.
Note 4   For delegation of AMSA's powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Interpretation
       For this Order, a reference in the International Grain Code to:
(a) the Administration is taken to mean:
 (i) for a regulated Australian vessel — AMSA; and
 (ii) for a foreign vessel — the government of the country whose flag the vessel is entitled to fly; and
(b) an organisation recognised by the Administration is taken to mean:
 (i) for a regulated Australian vessel — a recognised organisation; and
 (ii) for a foreign vessel — an organisation recognised by the Administration of the country whose flag the vessel is entitled to fly.

6 Application
       (1)This Order applies to the loading, unloading, stowage and carriage of grain in bulk on the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel that is:
 (i) in an Australian port; or
 (ii) entering or leaving an Australian 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.
       (2)However, this Order does not apply to a vessel taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.
Division 2 Exemptions and equivalents

7 Exemptions
       (1)A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption, including a sheltered water exemption, of a vessel from a requirement of this Order.
       (2)AMSA must consider an application for a sheltered water exemption within 14 days after receiving the application, and this period is to be taken as the period mentioned in section 14 for section 15 of Marine Order 1 (Administration) 2013.
       (3) AMSA may give an exemption only if 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 or the International Grain Code; and
(c) for an exemption permitted by the International Grain Code — the vessel is a regulated Australian vessel.
Note   A 5 of the International Grain Code provides that if the Administration considers that the sheltered nature and conditions of a vessel's voyage means that the application of any requirements of the Code are unreasonable or unnecessary, the vessel may be exempt from those requirements for the voyage. A sheltered water exemption is 1 kind of exemption permitted under A 5.

8 Equivalents
       (1)A person may apply to AMSA, in accordance with the application process set