Document ID: chunk:federal_register_of_legislation:F2023L01656:front:0:p20
Version: federal_register_of_legislation:F2023L01656
Segment Type: other
Provision Reference: 
Character Range: 48942–51661

defence if:
(a) the person or another person is in distress; or
(b) both:
 (i) the person has notified the JRCC using the approved form, and at least 24 hours before the proposed time of use of the flare, rocket or shell, of:
(A) the intended use of the flare, rocket or shell; and
(B) the proposed time for the intended use; and
 (ii) the person has not received any objection from the JRCC to the intended use.
       (3) An offence against subsection (1) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Note 1   The approved form is available from the AMSA website at https://www.amsa.gov.au. Notification to the JRCC may be by email: rccaus@amsa.gov.au or fax: 1800 622 153.
Note 2   The person may also need to comply with State or Territory requirements for the use of flares.

41 Documentation requirements — general
        The owner of a vessel must ensure the following is available for inspection on the vessel:
(a) for a foreign vessel — documentation issued by the Administration for the vessel for any exemption for safety radio equipment;
(b) for a regulated Australian vessel — documentation for any exemption:
 (i)  given by AMSA under section 7; or
 (ii) continued in operation by section 42;
(c) for a regulated Australian vessel — a copy of the latest edition of the Australian Global Maritime Distress and Safety System (GMDSS) Handbook, published by AMSA in electronic or printed form;
(d) for a regulated Australian vessel — the vessel's radio logbook;
(e) for a vessel on an international voyage — a copy of the latest edition of the Manual for use by the Maritime Mobile and Maritime Mobile-Satellite Services, published by the International Telecommunication Union, in electronic or printed form;
(f) for a vessel on an international voyage — a copy of the latest edition of the Admiralty List of Radio Signals, published by the Hydrographer of the Navy (UK), in electronic or printed form;
(g) for a vessel on an international voyage — a copy of the latest edition of the List of Ship Stations and Maritime Mobile Service Identity Assignments, published by the International Telecommunication Union, in electronic or printed form.
Note for paragraph (c)   The GMDSS Handbook is available from the AMSA website at https://www.amsa.gov.au.
Note for paragraph (d)   An approved form is available from the AMSA website at https://www.amsa.gov.au.
Division 6 Transitional arrangements

42 Continuation of exemptions
        An exemption is taken to be in force and granted under this Marine Order if:
(a) it was in force on 30 December 2023; and
(b) the requirement to which it applies is a