Document ID: chunk:federal_register_of_legislation:F2016C01054:body:0:p4
Version: federal_register_of_legislation:F2016C01054
Segment Type: other
Provision Reference: 
Character Range: 7522–10460

the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
       (2)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 intended voyage; and
(b) giving the exemption would not contravene SOLAS or a code mentioned in this Order that applies to the vessel.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
           * making an application
           * seeking further information about an application
           * the time allowed for consideration of an application
           * imposing conditions on approval of an application
           * notifying a decision on an application
           * review of decisions.

8 Equivalents
       (1)A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for approval to use an equivalent on a regulated Australian vessel.
Note   For definitions of equivalent and use — see section 6 of Marine Order 1 (Administration) 2013.
       (2)AMSA may approve use of an equivalent only if satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.

9 Review of decisions
       A decision under section 23, 26 or 27 is taken to be a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.
Division 2 Certificates issued under the Navigation Act
Subdivision 2.1 Various matters about certificates

10 Certificates required
       For subsection 98(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified safety certificates), a regulated Australian vessel must have the following certificates:
(a) for a vessel mentioned in paragraphs 6(1)(a) to (c) — a HSC Safety Certificate;
(b) for a vessel mentioned in paragraph 6(1)(d) — a DSC Construction and Equipment Certificate.
Note   It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.

11 Applying for certificates
       (1)For section 99(1) of the Navigation Act (which enables a person to apply to an issuing body for a safety certificate specified in the regulations), the following certificates are specified:
(a) HSC Safety Certificate;
(b) DSC Construction and Equipment Certificate.
       (2)Division 3 of Marine Order 1 (Administration) 2013, other than section 17, applies to an application to AMSA for a certificate mentioned in subsection (1).
Note   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Order