Document ID: chunk:federal_register_of_legislation:F2014L00169:body:0:p2
Version: federal_register_of_legislation:F2014L00169
Segment Type: other
Provision Reference: 
Character Range: 2714–5505

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.

6 Definitions
       In this Order:
Annex III means Annex III to MARPOL.
harmful substance has the same meaning as it has in regulation 1 of Annex III.
Note   Criteria for the identification of harmful substances are set out in the Appendix to Annex III.
packaged form has the same meaning as it has in regulation 1 of Annex III.
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:
           * AMSA
           * inspector
           * owner.
Note 3    Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms that are used in that Act (eg ship). An example of a provision using terms used in the Pollution Prevention Act is section 10.
Note 4   For information on obtaining copies of IMO documents mentioned in this Order — see AMSA's website at http://www.amsa.gov.au. These documents may also be purchased from the IMO — see the IMO website at http://www.imo.org/publications.

7 Application
       (1)Subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act, this Order applies to a vessel to which Annex III applies that is:
(a) a regulated Australian vessel; or
(b) a domestic commercial vessel; or
(c) a recreational vessel that has Australian nationality; or
(d) a foreign vessel.
Note   The legislation mentioned in this subsection provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
       (2)This Order also applies to a vessel that is owned or operated by the Commonwealth and used, for the time being, on government non-commercial service.
Division 2 Convention requirements

8 Convention requirements
       (1)If a vessel has on board harmful substances in packaged form, the owner of the vessel must comply with regulations 2 to 5 of Annex III.
       (2)For paragraphs 1 and 2 of regulation 4 of Annex III, AMSA is the designated organisation.
       (3)A copy of the special list, manifest or stowage plan mentioned in paragraph 2 of regulation 4