Document ID: chunk:federal_register_of_legislation:F2017L01578:body:0:p4
Version: federal_register_of_legislation:F2017L01578
Segment Type: other
Provision Reference: 
Character Range: 7783–10618

of IMDG Code in subsection (1) has the effect of requiring compliance with the International Maritime Dangerous Goods Code that is mandatory under Chapter VII of SOLAS. However, the IMO invites SOLAS Contracting Governments to apply certain amendments to the International Maritime Dangerous Goods Code earlier than the agreed date for mandatory implementation. By this subsection, Australia is also giving effect to those amendments that may be applied on a voluntary basis.

5 Application
       (1)This Order applies to the carriage of dangerous goods on:
 (i) a regulated Australian vessel; and
 (ii) a foreign vessel.
       (2)However, this Order does not apply to:
(a) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the vessel or required for the intended operations of the vessel; or
(b) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.

6 Exemptions
       (1)A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
       (2)AMSA may give an exemption only if satisfied that:
(a) requiring compliance with the requirement would be unreasonable; and
(b) giving the exemption is in accordance with section 7.9.1 of the IMDG Code.
       (3)AMSA may give an exemption for up to 5 years.
       (4)An exemption is subject to the following conditions:
(a) the owner of a vessel must carry on board the vessel a copy of the exemption for inspection;
(b) any other condition imposed by AMSA to ensure safe vessel operations.

7 Approvals
       (1)A person may apply for an approval that is mentioned in:
(a) the IMDG Code for the testing, classification, packaging and carriage of dangerous goods; or
(b) section 26 for the equipment, procedures and methods relating to the stowage and securing of dangerous goods of Class 7.
Note 1   A fee may be determined for processing an application under this section — see the Australian Maritime Safety Authority Act 1990, section 47.
Note 2   An approval is known as a Certificate of Approval.
       (2) For paragraph (1)(a), AMSA may approve the testing, classification, packaging or carriage of dangerous goods if satisfied that the arrangement complies with SOLAS and the IMDG Code.
       (3)For paragraph (1)(b), AMSA may give approval if an inspection of the equipment, procedures and methods relating to the stowage and securing of dangerous goods of Class 7 in a cargo transport unit demonstrates that those matters are appropriate for the hazard presented by the cargo.

8 Review of decisions
       A decision under section 11 or 12 is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.
Division 2 Document of compliance to