Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p40
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 40/42)
Character Range: 701403–704200

the person contravenes subsection 7.5.
Civil penalty: 50 penalty units.

[15] Section 8
substitute

8 Certificates of compliance
       8.1For subsection 99(1) of the Navigation Act, a certificate of compliance is a safety certificate.
       8.2For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a certificate of compliance for an FPSO or FSU are as follows:
(a) an application has been made under section 99 of the Navigation Act to the issuing body for a certificate of compliance for the FPSO or FSU;
(b) the FPSO or FSU has been surveyed in accordance with Marine Order 31 (Ship surveys and certification) 2006;
(c) the FPSO or FSU complies with Schedule 1.
Note   Marine Order 31 (Ship surveys and certification) 2006 sets out information about applying for safety certificates.
       8.3A certificate of compliance is valid for the same period as the cargo ship safety construction certificate for the vessel and must be endorsed each year in the same way.
Note   For information about cargo ship safety construction certificates see Marine Order 31 (Ship surveys and certification) 2006.
       8.4For subsection 101(1) of the Navigation Act, the criteria for variation of a certificate of compliance for an FPSO or FSU are as follows:
(a) a written application has been made to the issuing body setting out the kind of variation applied for;
(b) the vessel has a cargo ship safety construction certificate issued by an issuing body;
(c) the vessel complies with the survey requirements mentioned in Marine Order 31 (Ship surveys and certification) 2006 that apply to the vessel;
(d) any surveys of the vessel required by the Manager, Ship Inspection and Registration are completed within the period mentioned in Marine Order  31 (Ship surveys and certification) 2006 for the survey;
(e) the vessel complies with any condition imposed by the Manager, Ship Inspection and Registration.
       8.5For section 102 of the Navigation Act, the criteria for revocation by an issuing body of a certificate of compliance for an FPSO or FSU are as follows:
(a) the vessel does not comply with Schedule 1;
(b) each required survey is not completed within the period mentioned in Marine Order 31 (Ship surveys and certification) 2006;
(c) the certificate is not endorsed by an issuing body in accordance with this Order;
(d)  the vessel changes its country of registration;
(e) a criterion for revocation of a safety certificate other than a certificate of compliance issued for the FPSO or FSU is met;
(f) a safety certificate other than a certificate of compliance issued for the FPSO or FSU is revoked.

[16] After subsection 10.1.5
insert
       10.1.6An offence against subsection 10.1.5 is a strict liability offence.
       10.1.7A person is liable to a civil penalty