Document ID: chunk:federal_register_of_legislation:F2012L02150:body:0:p2
Version: federal_register_of_legislation:F2012L02150
Segment Type: other
Provision Reference: 
Character Range: 2631–5457

navigation; or
(c) providing services for other persons on board the ship.
existing ship means a ship constructed before 1 May 1987 other than a ship that, after 30 April 1987, is modified resulting in any of the following:
(a) a change to the length, breadth or least moulded depth of the ship;
(b) a change in the use or intended use of the ship;
(c) a change in the ship's gross tonnage by more than 10%.
special personnel has the same meaning as in section 283 of the Navigation Act.
special purpose ship safety certificate means a special purpose ship safety certificate issued under section 15.
SPS Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution MSC.266(84), as amended by MSC.299(87).
Note 1   Some expressions used in this Order are defined or explained in Marine Order 1 (Administration), including:
             * AMSA
             * IMO
             * Marine Order
             * Navigation Act
             * penal provision
             * SOLAS.
Note 2   Some expressions used in this Order are defined in the Navigation Act, including:
             * certificate of survey
             * passenger
             * passenger ship safety certificate
             * passenger ship short voyage safety certificate
             * surveyor
             * survey authority.
Note 3   For the value of a penalty unit — see Crimes Act 1914, s 4AA.

7 Interpretation
        7.1 A reference to the Administration in the SPS Code, an IMO resolution or document mentioned in this Order is taken to mean AMSA.
    Note   Copies of IMO resolutions and circulars mentioned in this Order are available from AMSA.
        7.2 In this Order, the date when a ship was constructed is the date when the lesser of the following occurs:
(a) at least 50 tonnes of the ship is assembled;
(b) at least 1% of the proposed total mass of the structural material of the ship is assembled.

8 Application
       This Order applies to a special purpose ship:
(a) registered in Australia; or
(b) engaged on a voyage commencing or terminating at a port in Australia or an Australian Territory.
Division 2 Exemptions and equivalents

9 Exemptions
       9.1A person may apply for an exemption from a requirement of this Order in accordance with the application process mentioned in Marine Order 1 (Administration).
Note   A fee may be determined for processing an application under this section — see Australian Maritime Safety Authority Act 1990, s 47.
       9.2AMSA may give an exemption, subject to any conditions that AMSA thinks appropriate, only if AMSA is satisfied that:
(a) compliance with a provision of this Order would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage; and
(b) the granting of the exemption would not contravene:
 (i) the SPS Code; or
 (ii)