Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:65:p13
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 65 (pt 13/42)
Character Range: 557105–560066

breadth or least moulded depth of the vessel;
(b) a change in the use or intended use of the vessel;
(c) a change in the vessel's gross tonnage by more than 10%.

[3] Section 6, definition of SPS Code
substitute
SPS Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution MSC.266 (84), as in force from time to time.

 [4] Section 6, notes 1, 2 and 3
substitute
Note 1   A copy of each IMO resolution that adopts or amends this Code is available on AMSA's website at http://www.amsa.gov.au.
Note 2   Some terms used in this Order are defined  in Marine Order 1 (Administration) 2011, including:
           * cargo vessel
           * IMO
           * Manager, Ship Inspection and Registration
           * Navigation Act
           * SOLAS.
Note 3   Other terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * foreign vessel
           * inspector
           * Marine Order
           * recognised organisation
           * regulated Australian vessel
           * special personnel
           * vessel.

[5] Section 8
substitute

8 Application
       This Order applies to a special purpose vessel that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel on a voyage starting or ending at a port in Australia or an Australian Territory.

[6] Sections 9 and 10
substitute

9 Exemptions
       9.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       9.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       9.3The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS or the SPS Code.
       9.4The master of the vessel must ensure that a copy of the exemption is kept on the vessel for the duration of each voyage to which the exemption applies.
Penalty: 50 penalty units.
       9.5An offence against subsection 9.4 is a strict liability offence.
       9.6A person is liable to a civil penalty if the person contravenes subsection 9.5.
Civil penalty: 50 penalty units.
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.

10 Equivalents
       10.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an