Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:18:p2
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 18 (pt 2/15)
Character Range: 97111–100032

a vessel to which SOLAS applies — regulation 4 of Chapter IV of SOLAS; or
(b) for a vessel to which SOLAS does not apply — subsection 7.2 of Marine Order 27 (Radio equipment) 2009.
GMDSS certificate means a certificate issued under the Act and mentioned in section 8.

[5]  Section 2, definitions of Manager, the Radio Regulations, the STCW Code, the STCW Convention, surveyor and valid
substitute
       Radio Regulations has the same meaning as in Regulation 2.11 of Chapter IV of SOLAS.
Note   The text of the Radio Regulations is available at the International Telecommunication Union website: http://www.itu.int.
valid, for a certificate, means a certificate that:
(a) is current; and
(b) is not revoked or suspended; and
(c) bears the signature of the holder.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * Manager, Ship Operations and Qualifications
         * Navigation Act
         * SOLAS
         * STCW Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * regulated Australian vessel
         * seafarer certificate
         * STCW Convention.

[6]  Sections 3 to 6
substitute

5 Application
       This Order applies to a person who:
(a) operates or intends to operate the radio installation of a regulated Australian vessel; or
(b) holds a GMDSS certificate.

6 Exemptions
       6.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption from a requirement of this Order.
       6.2  The decision maker for the application is the Manager, Ship Operations and Qualifications.
       6.3  The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that giving the exemption would not contravene SOLAS or SCTW.
Note   Marine Order 1 (Administration) 2011 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.

[7]  Subsection 7.1
omit
       issued in a country other than Australia

[8]  Subsection 7.2
substitute
       7.2For subsection 30(1) of the Navigation Act, a GMDSS certificate and a certificate of recognition are seafarer certificates.
Note   It is an offence under sections 35 and 36 of the Navigation Act for a person to perform, or for the master to allow another person to perform, duties or functions without a seafarer certificate if the regulations require a particular seafarer certificate for the performance of those duties or functions.

[9]  Sections 8 and 9
substitute

8 GMDSS certificates — criteria for issue
       8.1.For paragraph 31(1)(b) of the Navigation Act,