Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:23:p9
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 23 (pt 9/40)
Character Range: 198949–201857

Operations and Qualifications
         * MARPOL
         * Navigation Act
         * SOLAS.
Note 3   Other terms used in this Order are defined in the Navigation Act, including:
         * AMSA
         * inspector
         * master
         * recognised organisation.

[6] Subsection 3.2
omit

[7] Sections 4 to 8
substitute

4 Application
       This Order applies to:
(a) a regulated Australian vessel; and
(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.

5 Exemptions
       5.1A person may apply, in accordance with the application process mentioned in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       5.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5.3The decision maker 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, MARPOL or a Code mentioned in this Order.
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.

5A Equivalents
       5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note   For definitions of equivalent and use, see subsection 5A.4.
       5A.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5A.3The decision maker may approve use of an equivalent only if:
(a) he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) use of the equivalent would not contravene SOLAS, MARPOL or a Code mentioned in this Order.
       5A.4For this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that could be made, or a procedure that could be followed, in or for a vessel as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a vessel; and
(b) making