Document ID: chunk:federal_register_of_legislation:F2016L01939:body:0:p3
Version: federal_register_of_legislation:F2016L01939
Segment Type: other
Provision Reference: 
Character Range: 5396–8101

least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.
       (3)A term that is used in this Order but is not defined for this Order, and is defined in SOLAS or the Polar Code, has the same meaning as in SOLAS or the Polar Code.
Note   The term polar waters is defined in Chapter XIV of SOLAS.

6 Application
       (1)This Order applies to:
(a) a regulated Australian vessel to which Chapter XIV of SOLAS applies; and
(b) other than Divisions 2 and 4 — a foreign vessel to which Chapter XIV of SOLAS applies that:
 (i) commences a voyage from a port in Australia or ends a voyage in a port in Australia; and
 (ii) as part of that voyage is present in polar waters.
Note   Regulation 2 of Chapter XIV of SOLAS specifies the ships operating in polar waters to which Chapter XIV applies.
       (2)However, a vessel constructed before 1 January 2017 need not comply with this Order until the following survey is completed after 1 January 2018:
(a) for a vessel with a Cargo Ship Safety Construction Certificate — its intermediate or renewal survey, whichever occurs first; and
(b) for a vessel with Passenger Ship Safety Certificate — its renewal survey.
       (3) 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 in polar waters.

7 Alternative design or arrangement
       (1) For Regulation 4 of Chapter XIV of SOLAS, the owner of a regulated Australian vessel may apply to AMSA for approval of a design or arrangement as an alternative to complying with a requirement mentioned in Chapters 3, 6, 7 or 8 of the Polar Code concerning structure, machinery, electrical installations, fire safety, and life-saving appliances and arrangements.
       (2) AMSA may approve the alternative design or arrangement in accordance with Regulation 4 of Chapter XIV of SOLAS.
Note   Regulation 4 of Chapter XIV of SOLAS provides that:
         * an adequate engineering analysis must be undertaken; and
         * the goal and functional requirements of the Polar Code that apply to the requirement for which the design or arrangement is an alternative must be met; and
         * use or implementation of the design or arrangement must be at least as effective as compliance with the requirement for which the design or arrangement is an alternative.
       (3) For subsection (1), the application for approval must be made in accordance with Marine Order 1 (Administration) 2013.

8 Approvals
       An issuing body may, in writing, approve for a vessel its material, equipment, appendages or arrangement in accordance with Chapters 3, 6 and 7 of the Polar Code if:
(a)