Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p32
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 32/42)
Character Range: 677359–680599

Subsection 5.2.2, note              ship's                  vessel's
Paragraph 5.2.3(b)                  a surveyor              an inspector
Subsection 5.2.3                    5.2.2                   subsection 5.2.2
Subsection 5.3                      ship                    vessel
Subsection 5.3                      ship/helicopter         vessel/helicopter
Subsection 5.5                      ship                    vessel

Schedule 34 Marine Orders Part 58, issue 2
(section 3)

[1] Before subsection 1.1
insert
      1.1A Section 98 of the Navigation Act provides that regulations may make provision in relation to safety certificates.
      1.1B Section 314 of the Navigation Act provides that regulations may provide for particular matters relating to certificates.

[2] Section 2, heading
substitute

2 Definitions

[3] Section 2, definitions of AMSA, General Manager and IMO
omit

[4] Section 2, definitions of Manager, penal provision and SOLAS
omit

[5] Section 2, at the foot
insert
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
         * General Manager, Ship Safety Division
         * IMO
         * Manager, Ship Operations and Qualifications
         * Navigation Act
         * SOLAS.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * Government vessel
         * regulated Australian vessel.

[6] Sections 4 to 8
substitute

4 Application
       4.1This Order applies to a vessel, to which Regulation 2 of Chapter IX of SOLAS applies, that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel that is:
 (i) in an Australian port;
 (ii) entering or leaving an Australian port;
 (iii) in the internal waters of Australia; or
 (iv) in the territorial sea of Australia other than in the course of innocent passage.
       4.2This Order also applies to a company owning, operating or managing the vessel.
       4.3However, this Order does not apply to a Government vessel.

5 Exemptions
       5.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel, or an operating company, from:
(a) a requirement of this Order; or
(b) a provision of the ISM Code.
       5.2The decision maker for the application is the Manager, Ship Operations and Qualifications.
       5.3The Manager, Ship Operations and Qualifications may give an exemption only if he or she is satisfied that:
(a) compliance with the requirement or provision would be unnecessary or unreasonable; and
(b) giving the exemption would not contravene SOLAS or the ISM Code.
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.

5A Equivalents
       5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to