Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:6:p9
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 6 (pt 9/14)
Character Range: 732029–735081

definitions of Manager, Environmental Protection Standards, Manager, Ship Inspections, MARPOL, Navigation Act, penal provision, Pollution Prevention Act, survey authority and surveyor
omit

[8] Section 2, at the foot
insert
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * Area Manager
         * General Manager, Emergency Response Division
         * General Manager, Marine Environment Division
         * General Manager, Ship Safety Division
         * IMO
         * Manager, Marine Environment Standards
         * Manager, Ship Inspection and Registration
         * Manager, Ship Operations and Qualifications
         * MARPOL
         * Navigation Act
         * Pollution Prevention Act.
Note 2   Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including, in the Navigation Act:
         * AMSA
         * inspector
         * master.
         * recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011);
and in the Pollution Prevention Act:
         * Australian ship
         * foreign ship.
Note 3   Most provisions of this Order are expressed using terms used in the Navigation Act (for example, vessel).  However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (for example, ship and Australian ship).  An example of a provision using terms used in the Pollution Prevention Act is subsection 4.2.
Note 4   Information on obtaining copies of IMO Resolutions or other documents mentioned in this Order is available on AMSA's website at http://www.amsa.gov.au or by email to international.relations@amsa.gov.au.

[9] Subsection 3.4
omit

[10] Subsection 4.1
omit everything after
applies
insert
       to:
(a) a non-foreign vessel:
 (i) to which Annex II is expressed to apply; or
 (ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex II is expressed to apply.
Note 1   The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
     Note 2   A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.

[11] After subsection 4.1
insert
       4.1AFor subsection 4.1, each of the following is a non-foreign vessel:
       (a) a regulated Australian vessel;
       (b) a domestic commercial vessel;
       (c) a recreational vessel that has Australian nationality.

[12] After section 4
insert

4A Vessels not required to have pollution certificate
       For sections 135 and 136 of the Navigation Act, a vessel for which a certificate of fitness mentioned in the BCH Code or the IBC Code is in force