Document ID: chunk:federal_register_of_legislation:F2022L01683:body:0:p3
Version: federal_register_of_legislation:F2022L01683
Segment Type: other
Provision Reference: 
Character Range: 5185–7953

in the capacity of a trainee.
Note   A trainee of a training vessel is not a seafarer or a passenger of the vessel.
A trainee is not a passenger despite any contribution to the cost of the voyage.
training vessel means a vessel that:
(a) does not carry >12 passengers; and
(b) is either a sailing vessel or a motor vessel; and
(c) is operated for a purpose that includes providing instruction on the business of the vessel in relation to:
 (i) the principles of responsibility, resourcefulness, loyalty and team endeavour; or
 (ii) navigation and seamanship, marine engineering or other shipboard related skills.
yacht means a vessel that:
(a) does not carry cargo; and
(b) does not carry >12 passengers; and
(c) has a commercial use that is related to the provision of a sport or pleasure activity.
Note   A yacht need not be designed to carry sail.
       (2) A trainee on a training vessel is not a seafarer or a passenger of the vessel.
Note 1   Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
           * equivalent
           * GT
           * length
           * National Standard for Commercial Vessels (or NSCV)
           * SOLAS
           * USL Code.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
           * inspector
           * regulated Australian vessel.
Note 3   For delegation of AMSA's powers under this Order — see the AMSA website.
Note 4   Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application
        This Marine Order applies to:
(a) a regulated Australian vessel that is a yacht or training vessel; and
(b) other than Divisions 2, 3 and 5 — a foreign vessel that is a yacht or training vessel.

6 Equivalents
       (1) A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for approval to use an equivalent.
Note   For definitions of equivalent and use — see section 6 of Marine Order 1 (Administration) 2013.
       (2) AMSA may approve use of an equivalent only if satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
Division 2 Certificate of Compliance (large yacht)

7 Certificate of Compliance (large yacht) required
        For subsection 98(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified safety certificates), a regulated Australian vessel that is a yacht ≥24 m in length must have a Certificate of Compliance (large yacht).
Note