Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p19
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 19/40)
Character Range: 231477–234344

6
omit

[2] Section 5
substitute

5 Power
       5.1Subsection 51(1) of the Navigation Act provides for regulations to prescribe matters to consider in determining a minimum complement of seafarers.
       5.2Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
       5.3Paragraph 339(2)(c) of the Navigation Act provides for regulations to be made for operating, maintaining, checking and testing machinery and equipment.
       5.4Paragraph 339(2)(f) of the Navigation Act provides for regulations to be made for operating watertight doors.
       5.5Paragraph 339(2)(l) of the Navigation Act provides for regulations to be made for logbooks.
       5.6Paragraph 339(2)(m) of the Navigation Act provides for regulations to be made for records relating to compliance with the Act.
       5.7Paragraph 340(1)(a) of the Navigation Act provide for the regulations to give effect to SOLAS.
       5.8Section 342 of the Navigation Act provides for the making of orders for any matter for which the regulations can provide.

[3] Section 6, definition of approved
substitute
approved means approved by:
(a) for a regulated Australian vessel — the issuing body; or
(b) for a foreign vessel — the administration of the country of registry of the vessel; or
(c) for a training course — the Manager, Ship Operations and Qualifications.

[4] Section 6, definition of STCW Code
omit

[5] Section 6, note 1
omit
         * Marine Order

[6] Section 6, note 2
substitute
Note 2   Other terms used in this Order have the same meaning as in the Navigation Act, including:
         * AMSA
         * Marine Order
         * recognised organisation
         * STCW Convention.

[7] Section 6, note 4
omit

[8] Paragraphs 8(1)(a) and (b)
substitute
(a) a regulated Australian vessel;
(b) a foreign vessel that is:
 (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.

[9] Subsection 8.3
substitute
       8.3A provision of this Order giving effect to a provision of Chapter V of SOLAS applies to the following vessels, except to the extent that a law of a State or the Northern Territory gives effect to the provision for the vessel:
(a) a vessel proceeding on a voyage other than an overseas voyage;
(b) a domestic commercial vessel.

[10] Section 11
substitute

11 Review of decisions
       A decision under this Order other than section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note   For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see