Document ID: chunk:federal_register_of_legislation:F2023C00980:front:0:p14
Version: federal_register_of_legislation:F2023C00980
Segment Type: other
Provision Reference: 
Character Range: 32429–35277

completed after 30 June 2016, it has been used in connection with a commercial, governmental or research activity in the 2 year period after its completion.
       (2) However, an existing vessel is taken to be a transitional vessel if:
(a) a change mentioned in Schedule 1 has occurred; or
(b) the vessel has had a certificate of survey that ceased to be in force for a period of at least 2 years.
Note for paragraph (a)   Changes mentioned in Schedule 1 include changes to the vessel's operations, structure, equipment, systems, fittings, or arrangements. Paragraph 11(1)(h) provides that it is a condition on a certificate of survey that the vessel is not to be operated if a change mentioned in Schedule 1 has occurred.
       (3) For this Order, a domestic commercial vessel is a new vessel if subsections (1) and (2) do not apply to the vessel.

23 Transitional
       (1) This section applies to an application for the issue, variation, suspension or revocation of a certificate of survey made on, or before 30 June 2018, that is not decided before 1 July 2018.
       (2) The application is taken to be an application for this Order.
       (3) However, the National Regulator may consider the application in accordance with the criteria set out in Marine Order 503 (Certificates of survey — national law) 2017 as if that Order had not been repealed.

Schedule 1 Vessel changes
(paragraphs 7(5)(a), 16(2)(c) and 22(2)(a))
      1 There is an upgrade in the service category of the vessel, including the assignment of any additional service category.
Examples
     1   Class 2 vessel to operate as Class 1 vessel.
     2   Class 2C vessel to operate as Class 2B vessel.
     3   Class 2D vessel to operate as Class 3B vessel.
     4   Class 2D vessel to operate as Class 3D vessel.
      2 The vessel's operations are relocated to outside the geographical location restrictions that apply to the vessel's certificate of survey or certificate of operation.
Example
A vessel has a certificate of survey or certificate of operation that restricts the vessel to operating in Sydney Harbour, but the vessel has relocated to operate in Spencer Gulf.
Note   A vessel previously regulated under the State or Northern Territory law may be subject to geographical location restrictions on any certificate of survey or certificate of operation issued under the national law. Examples of vessels previously regulated under the State or Northern Territory law with specific geographical location restrictions include: WA survey exempt vessels, NSW commercially registered vessels, Qld certificate of registration vessels, SA certificate of inspection vessels.
      3 The vessel commences the carriage of dangerous goods.
      4 The vessel commences overnight operations with overnight accommodation provided.
      5 There is an increase in either:
(a)