Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p7
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 17255–20137

and paragraph 62(1)(b) if it complies with:
(a) Marine Orders – Part 14: Accommodation, Issue 1 as in force on 30 June 2013; or
(b) Section C1 of the NSCV as existing on November 2013; or
(c) ILO Conventions No. 92 and 133.
Note   Enabling legislation for Marine Orders — Part 14: Accommodation, Issue 1 was repealed by the Navigation (Consequential Amendments) Act 2012. The text of the Marine Order is available on the Federal Register website at www.legislation.gov.au.
       (2) For subsection (1), a vessel is taken to have been constructed when:
(a) the keel is laid; or
(b) construction identifiable with the vessel starts and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.

8 Exemptions
       (1) A requirement of this Marine Order does not apply in relation to a regulated Australian vessel if AMSA, under this section, exempts the vessel from the requirement.
       (2) The owner of a regulated Australian vessel may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2013, to AMSA for an exemption from a provision of this Marine Order that provides for an application for an exemption.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions:
         * 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.
       (3) AMSA may give an exemption only if it:
(a) is satisfied that giving the exemption would not contravene the Maritime Labour Convention; and
(b) has consulted in accordance with any requirements for consultation, mentioned in the Maritime Labour Convention, that apply to the exemption.
Note   The issuing body will note any exemption for a vessel approved by AMSA on the vessel's declaration of maritime labour compliance.

9 Equivalents
 (1) A requirement of this Marine Order, in relation to a regulated Australian vessel, is taken to be complied with if:
(a) AMSA, under this section, approves the use of an equivalent for the vessel in relation to the requirement; and
(b) the equivalent is used for the vessel in accordance with the approval.
 (2) The owner of a regulated Australian vessel may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, to AMSA for approval to use an equivalent.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about 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