Document ID: chunk:federal_register_of_legislation:F2019C00893:body:0:p2
Version: federal_register_of_legislation:F2019C00893
Segment Type: other
Provision Reference: 
Character Range: 2738–5613

Navigation Act
           * NSCV
           * SOLAS
           * use
           * USL Code.
Note 3   Other terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * foreign vessel
           * recognised organisation.
Note 4   For delegation of AMSA's powers under this Order — see the AMSA website at http://www.amsa.gov.au.

7 Interpretation
       (1)For a regulated Australian vessel, a reference to the Administration in Chapter II-2 means AMSA.
       (2)Any unified interpretation approved by the IMO of Chapter II-2, the FSS Code or the FTP Code is to be taken into account in complying with those instruments.

8 Application
       This Order applies to a vessel that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel.
Division 2 Exemptions and equivalents

9 Exemptions
       (1)A person may apply to AMSA, in accordance with 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 its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
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
 notification of a decision on an application
 review of decisions.

10 Equivalents
       (1)A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013 for approval to use an equivalent.
       (2)AMSA may approve use of an equivalent only if satisfied that:
(a) approving use of the equivalent would not contravene SOLAS; and
(b) either:
 (i) the equivalent is in accordance with the FSS Code and the FTP Code; or
 (ii) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
Division 3 Requirements for vessels

11 Vessels to which Chapter II-2 applies
       (1)A vessel to which Chapter II-2 applies must:
(a) meet the standards for fire protection, fire detection and fire extinction that apply to it under Chapter II-2; and
(b) for a regulated Australian vessel — comply with Schedules 1 to 3.
Note 1   Chapter II-2 incorporates requirements of the FSS Code and provides for testing in accordance with the FTP Code.
Note 2   Some provisions of Chapter II-2 apply to:
(a) particular kinds of vessels; or
(b) vessels constructed before, on or after a particular time.
       (2)However, a vessel that is surveyed and certified under a code mentioned in