Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p34
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 34/42)
Character Range: 682827–685706

the person contravenes subsection 7.2.
Civil penalty: 50 penalty units.

[7] Subsection 10.1 and 10.2
substitute

10.1 Application
       For subsection 99(1) of the Navigation Act, a Safety Management Certificate is a safety certificate.

10.2 Issue
       For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a Safety Management Certificate are that:
(a) a Document of Compliance valid for the type of vessel has been issued for the company; and
(b) the safety management system of the company is being applied on the vessel in accordance with the Guidelines.
Note   The form of a Safety Management Certificate is set out as Form 2 in Schedule 3.

[8] Subsection 11.2.1
substitute
      11.2.1 For subsection 99(1) of the Navigation Act, an Interim Safety Management Certificate is a safety certificate.
      11.2.1A For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an Interim Safety Management Certificate are that:
(a) the vessel is operated by a company for which a Document of Compliance or Interim Document of Compliance has been issued; and
(b) the vessel is:
 (i) a new vessel; or
 (ii) new to the company; or
 (iii) new to the Australian General Shipping Register or the Australian International Shipping Register.
Note   The form of an Interim Safety Management Certificate is set out as Form 4 in Schedule 3.

[9] Subsection 12.1.2
substitute
      12.1.2 The General Manager, Ship Safety Division may, by notice in writing to the company, require the delivery to AMSA of the revoked Document of Compliance.
      12.1.2A  The General Manager, Ship Safety Division may, by notice in writing to the company, require the surrender of the Document of Compliance to enable the variation to be endorsed on it.

[10] After subsection 12.1
insert
      12.1.5 An offence against subsection 12.1.4 is a strict liability offence.
      12.1.6 A person is liable to a civil penalty if the person contravenes subsection 12.1.4.
Civil penalty: 50 penalty units.
Note   A Safety Management Certificate may be revoked under subsection 12.2 if a Document of Compliance has been revoked or varied.

[11] Subsections 12.2.1
substitute
      12.2.1 For section 102 of the Navigation Act, the criteria for revocation of a Safety Management Certificate are that:
(a) the Safety Management Certificate has not been endorsed in accordance with subsection 10.4.2;
(b) there is evidence of major non-conformity in relation to the Safety Management Certificate;
(c) the company's Document of Compliance:
  (i) has not been endorsed under subsection 9.4.2;
  (ii) has expired and not been renewed under subsection 9.5; or
  (iii) has been revoked or varied under subsection 12.1.1.
Note   Section 315 of the Navigation Act provides that AMSA may require a certificate that has been issued for a regulated Australian vessel and then revoked,