Document ID: chunk:federal_register_of_legislation:F2019C00897:front:0:p2
Version: federal_register_of_legislation:F2019C00897
Segment Type: other
Provision Reference: 
Character Range: 2702–5644

Helicopter/Ship Operations, 4th Edition (2008), published by Marisec Publications, London, on behalf of the International Chamber of Shipping.
Note   Information on purchasing or obtaining access to the ICS Guide is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.
helicopter operator means the person, organisation or enterprise making a helicopter available to a helicopter pilot for a flight.
landing area has the meaning given by paragraph 4.1.1(a) of the ICS Guide.
seafarer training, for a vessel–helicopter operation, means training in the kind of operation to be conducted and includes drills.
SMS means safety management system.
vessel–helicopter operation means any of the following operations:
(a) the transfer of a good or person between a vessel and a helicopter;
(b) the loading or unloading of a vessel by a helicopter;
(c) the landing of a helicopter on a vessel or the taking off of a helicopter from a vessel;
(d) refuelling of a helicopter on a vessel.
winching area has the meaning given by paragraph 4.1.1(b) of the ICS Guide.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
         * Navigation Act.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * inspector
         * master
         * owner
         * regulated Australian vessel
         * seafarer.

5 Application
       This Order applies to the following vessels:
(a) a regulated Australian vessel; and
(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.
Division 2 Safe arrangements

6 Vessel arrangements
       (1)The master of a vessel may permit a vessel–helicopter operation to be conducted for the vessel only if there are in place for the vessel arrangements that:
(a) provide for emergency evacuation of people from the vessel; and
(b) do not interfere with the normal operations of the vessel; and
(c) are at least as effective in ensuring safety as the arrangements recommended in the ICS Guide for the kind of vessel–helicopter operations to be conducted.
Penalty: 50 penalty units.
       (2)The arrangements mentioned in subsection (1) must include:
(a) the equipment necessary for the safe conduct of the vessel–helicopter operation; and
(b) seafarer training on non-emergency and emergency procedures for the vessel–helicopter operation.
Note    Seafarer training includes drills — see section 4, definition of seafarer training.
       (3)An offence against subsection (1) is a strict liability offence.
       (4)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Note   A person is not criminally responsible for an offence if the conduct constituting the offence