Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p37
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 37/40)
Character Range: 312847–315624

note 2
insert
Note 3   Some terms used in this Order are defined in the Navigation Act, including:
           * AMSA
           * inspector.

[5] Subsection 4.1
substitute
       4.1This Order applies to the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel:
 (i) in an Australian port; or
 (ii) entering or leaving an Australian port; or
 (iii) in the internal waters of Australia; or
 (iv) in the territorial sea of Australia, other than in the course of innocent passage.

[6] Sections 5 and 6
substitute

4A Certificates that do not make a vessel a regulated Australian vessel
       For subparagraph 15(1)(c)(ii) of the Navigation Act, the following certificates are prescribed:
(a) a pollution certificate issued for a domestic commercial vessel;
(b) a safety certificate that is an Australian load line certificate issued for a vessel in accordance with Marine Order 16 (Load Lines) 2004.

5 Review of decisions
       A decision by the Manager, Ship Inspection and Registration under this Order is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.

6 Notification of alterations to vessel
       For paragraph 105(1)(c) of the Navigation Act, the prescribed period is within 7 days after the alteration.
Note   For ways of contacting AMSA — see AMSA's website at  http://www.amsa.gov.au.

[7] Before section 7
insert
Division 2 Surveys

[8] After section 11
insert

11A Sailing vessels
       Sections 8 and 9 (which relate to cargo vessels) apply to a regulated Australian vessel that is a sailing vessel with a gross tonnage of over 50 tonnes as if references in those sections to a cargo vessel were references to a sailing vessel with a gross tonnage of over 50 tonnes.

[9] Subsection 13.1.2, note
substitute
Note   Paragraph 248(1)(a) of the Navigation Act provides for the detention of a vessel that is unseaworthy or substandard.

[10] Subsection 13.2
omit

[11] After section 13
insert

13A Reporting of marine incidents to AMSA
       13A.1For paragraphs 185(1)(b) and 186(1)(b) of the Navigation Act (which deal with reporting of marine incidents by the owner and the master of a vessel), the prescribed period for reporting a marine incident is:
(a) for a preliminary report for which the approved form known as an Incident Alert Form (Form AMSA 18, also known as Form MO—31/14) is suitable — 4 hours; and
(b) for a detailed report for which the approved form known as an Incident Report Form (Form AMSA 19, also known as Form MO—31/15) is suitable — 72 hours.
Note 1   AMSA Forms 18 and 19 are available from AMSA's website: http://www.amsa.gov.au. For convenience, the forms have also been reproduced in Schedule 1 as Forms MO—31/14 and MO 31—15.
Note 2   If a report is made under sections