Marine Orders Part 17: Liquefied gas carriers and chemical tankers, Issue 6 Amendment (Order No. 3 of 2008) (Cth)

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                    MARINE ORDERS

Part 17

Liquefied gas carriers and chemical tankers

Issue 6

Amendment

Order No. 3 of 2008

For subsection 425 (1AA) of the Navigation Act 1912, I make this Order amending Marine Orders Part 17, Issue 6, in the manner set out in Schedules 1 and 2.
Schedule 1 comes into operation on 1 July 2008.  Schedule 2 comes into operation on 1 January 2009.

Graham Peachey

Chief Executive Officer

25 May 2008

1   Commencement

This Order, amending Marine Orders Part 17, Issue 6, commences on:

(a)     this provision and Schedule 1 — 1 July 2008; and

(b)    Schedule 2 — 1 January 2009.

Schedule 1        Amendments to come into operation on 1 July 2008

[1]           Provision 1, heading

substitute

1   Purpose and power

[2]           Provision 1.1 (a), including footnote 1

substitute

(a)     gives effect to Parts B and C of Chapter VII of SOLAS, dealing with the construction and equipment of ships carrying dangerous liquid chemicals and liquefied gases in bulk;

[3]           After provision 1.1 (c)

insert

Note   The current text of Chapter VII is to be found in the SOLAS Consolidated Edition 2004, amended by IMO Resolution MSC.170 (79).

[4]           Provision 2, definition of GC Code

omit

amended by IMO Resolutions MSC.60 (67), MSC.107 (73) and MSC.182 (79);

insert

amended by IMO Resolutions MSC.25 (60), MSC.34 (63), MSC.60 (67), MSC.107 (73), MSC.182 (79) and MSC.225 (82);

[5]           Provision 2, definition of IGC Code

omit

MSC.103 (73) and MSC.177 (79);

insert

MSC.103 (73), MSC.177 (79) and MSC.220 (82);

[6]           Provision 2, definition of penal provision, including footnote 2

substitute

penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations 1980;

Note Subregulation 4 (1) of the Navigation (Orders) Regulations 1980 provides that a person commits an offence if the person does not comply with a provision of an order made under subsection 425 (1AA) of the Navigation Act and that is expressed to be a penal provision. A person who is found guilty of such an offence is punishable by a fine not exceeding 50 penalty units, and a body corporate is punishable by a fine not exceeding 250 penalty units. Section 4AA of the Crimes Act 1914 provides that a penalty unit is equivalent to $110.

[7]           Provision 2, definition of survey authority, including footnote 3

substitute

survey authority means a corporation or association for the survey of shipping, approved by AMSA, in writing, for the purposes of the Navigation Act;

Note   A list of approved survey authorities is available on AMSA’s website: Provision 2, definition of surveyor

omit

a surveyor under s.190

insert

a surveyor under section 190

[9]           Provision 2, after definition of surveyor

insert

Note   Information on obtaining copies of IMO documents referred to in this Part is available from AMSA’s website: or via e-mail: [email protected].

[10]         Provision 3, including footnote 4

substitute

3   Interpretation

3.1         A reference to the Administration in a Code referred to in this Part is to be read as a reference to the Manager, Ship Inspections.

3.2In this Part:

(a)headings and subheadings are part of the Part; and

(b)a note is not part of the Part, but may provide additional information or guidance in applying the Part.

[11]         Provision 5, heading, including footnote 5

substitute

5   Exemptions and equivalents

[12]         After provision 5.3

insert

Note   Applications for exemptions or the allowance of equivalents should be made to the Manager, Ship Inspections, and should be accompanied by relevant information.  The Manager, Ship Inspections, may seek additional information to assist in reaching a decision.

Schedule 2        Amendment to come into operation on 1 January 2009

[1]           Provision 2, definition of IBC Code

omit

adopted by IMO Resolution MSC.176 (79);

insert

adopted by IMO Resolution MSC.176 (79) as amended by IMO Resolution MSC.219 (82);

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