Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:4
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 4
Character Range: 152788–154738

4  Application
       4.1This Order applies to the following vessels:
(a)  a regulated Australian vessel;
(b)  a foreign vessel:
 (i)  in an Australian port; or
 (ii)  entering or leaving an Australian port; or
 (iii)  in the internal waters of Australia; or
 (iv)  in the territorial sea of Australia, other than in the course of innocent passage.
       4.2 This Order does not apply to a fishing vessel.

5 Equivalents
       5.1  A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2011, for approval to use an equivalent.
       5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
       5.4 In this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a section of this Order, or a provision of the Load Lines Convention, requires to be fitted or carried in a vessel; or
(b) an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of:
 (i) this Order; or
 (ii) the Load Lines Convention.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making an alternative arrangement or following an alternative procedure.
Note   Marine Order 1 (Administration) 2011 deals with the following matters about equivalents and exemptions:
 making an application
 seeking further information about an application
 the time allowed for consideration of an application
 notification of a decision on an application
 review of decisions.