Document ID: chunk:federal_register_of_legislation:F2024L01458:body:0:p5
Version: federal_register_of_legislation:F2024L01458
Segment Type: other
Provision Reference: 
Character Range: 9838–12542

activity, of a period of more than 2 years after 30 June 2013.
       (3) Also, a vessel is not an existing vessel if the National Regulator considers that:
(a) it has been altered or modified to the extent that it must be reassessed against the standards for construction, subdivision or stability that apply to the vessel; or
(b) the nature of its operations or its area of operation has changed so that there is an increased level of risk.

6 Applications
       (1) Division 3 of Marine Order 501 (other than section 13) applies to applications made to the National Regulator in relation to certificates of operation.
       (2) Division 3 of Marine Order 501 applies to applications mentioned in sections 15 and 16.
Division 2 Requirements for certificate of operation

7 Application for certificate to include statement in relation to safety management system
       (1) For subsection 47(1) of the national law, an application for a certificate of operation must be made in accordance with section 9 of Marine Order 501.
Note   There is an approved form and prescribed fee for applying for the issue and reissue of a certificate of operation — see the AMSA website at www.amsa.gov.au.
       (2) An application must also include a written statement by the applicant that there is a safety management system in place that:
(a) is for each vessel to which the application relates; and
(b) complies with subsection 8(2).
Note   Giving false or misleading information in an application is an offence — see subsection 136.1(1) of the Criminal Code.

8 Criteria for issue of certificate
       (1) For paragraph 48(1)(c) of the national law, the criteria for the issue or re-issue (renewal) of a certificate of operation by the National Regulator are:
(a) for any vessel for which a unique identifier is required — the vessel has a unique identifier; and
(b) the applicant has stated in writing that a safety management system is in place for each vessel that meets subsection (2).
       (2) A safety management system must:
(a) be recorded so that it is readily accessible; and
(b) comply with the requirements mentioned in the following:
 (i) for a Class 1, Class 2 or Class 3 vessel — either:
(A) Schedule 1; or
(B) Part A of the ISM Code and paragraphs 2(3)(f) and 11(5)(e) and (f) of Schedule 1;
 (ii) for a Class 4 vessel — both Schedule 1 and Schedule 2 to the extent applicable.
Note for paragraph (2)(a)   The safety management system may include matters that are recorded either in writing or electronically provided that the method of recording is reliable for accessibility purposes.
Note 1   The applicant must also demonstrate appropriate competence and capacity for the safe operation of