Marine Orders Part 25 Amendment 2011 (No. 1) (Cth)
AMSA MO 2011/14
Marine Orders Part 25 Amendment 2011 (No. 1) (Equipment — life-saving)
I, Mick Kinley, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 425(1AA) of the Navigation Act 1912.
Mick Kinley
Acting Chief Executive Officer
15 December 2011
Name of Order
This Order is Marine Orders Part 25 Amendment 2011 (No. 1).
Commencement
This Order commences on 1 January 2012.
Amendment of Marine Orders Part 25
Schedule 1 amends Marine Orders Part 25, issue 7.
Schedule 1 Amendment
[1] Before provision 1
insert
1A Name of Order
This Order is Marine Order 25, issue 7.
[2] Provision 2, heading
substitute
2 Definitions
[3] Provision 2, definition of Chapter III, unnumbered note
substitute
Note 1 The text of Chapter III as at 1 January 2012 is in the SOLAS Consolidated Edition 2009 published by the IMO as amended by resolution MSC.201(81), Annex 3 of resolution MSC.216(82) and resolution MSC.256(84).
[4] Provision 2, definition of LSA Code
substitute
life-saving appliance includes any appliance required by this Order to be fitted to, or carried on, a ship.
life-saving equipment means:
(a) equipment stored in, or belonging to, a life-saving appliance; or
(b) equipment required by this Order to be fitted to, or carried on, a ship.
LSA Code means the International Life-Saving Appliance Code, adopted by the IMO as resolution MSC.48(66) and amended by resolutions MSC.207(81), MSC.218(82), MSC.272(85) and MSC.293(87).
[5] Provision 2, note at the foot
substitute
Note Some expressions used in this Order are defined or explained in Marine Order 1 (Administration), including:
· AMSA
· IMO
· Manager, Ship Inspection and Registration
· Manager, Ship Operations and Qualifications
· Navigation Act
· penal provision
· SOLAS
· survey authority
· USL Code.
[6] Before provision 3.1
insert
Expressions used in this Order
[7] Provision 3.3
substitute
3.3 If a provision of this Order requires a fitting, material, appliance or apparatus (an article), or anything done in relation to an article, to be to the satisfaction of the Manager, Ship Inspection and Registration, the Manager, Ship Inspection and Registration may require the article to be shown to be safe and effective for its intended purpose.
[8] Before provision 3.4
insert
Expressions used in Chapter III or other documents mentioned in this Order
[9] Provision 3.7
substitute
3.7 An expression used in this Order that is defined in Chapter III has the same meaning in this Order as it has in Chapter III.
[10] Provisions 5 and 6
substitute
5 Exemptions
Application
5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for an exemption of a ship from a requirement of this Order.
Decision maker
5.2 The decision maker for the application is:
(a) if the application is for exemption from a requirement giving effect to regulation 10 of Chapter III — the Manager, Ship Operations and Qualifications; or
(b) in any other case — the Manager, Ship Inspection and Registration.
Decision-making criteria
5.3 The 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 ship, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
Note Marine Order 1 (Administration) deals with the following matters about exemptions:
· 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.
6 Equivalents
Application
6.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for approval to use an equivalent.
Note For definitions of equivalent and use, see provision 6.4.
Decision maker
6.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
Decision-making criteria
6.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS.
Meaning of equivalent and use
6.4 For this provision:
equivalent means:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a ship as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the ship; or
(b) an arrangement that could be made, or a procedure that could be followed, in or for a ship as an alternative to a requirement of this Order.
use, of an equivalent, means:
(a) fitting or carrying the equivalent in a ship; and
(b) making an alternative arrangement or following an alternative procedure.
Note Marine Order 1 (Administration) deals with the following matters about 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.
[11] Provisions 7.1 and 7.2
omit each mention of
this Part
insert
this Order
[12] Provisions 9.1 and 9.2
substitute
9.1 A person must not engage in conduct if:
(a) the conduct results in damage to:
(i) a life-saving appliance on a ship; or
(ii) an item of a ship’s life-saving equipment; and
(b) the conduct is not proper use of the appliance or item of equipment.
This is a penal provision.
9.2 A person must not engage in conduct if:
(a) the conduct results in the alteration or defacement of a label or marking on:
(i) a life-saving appliance on a ship; or
(ii) an item of a ship’s life-saving equipment; and
(b) the conduct is not proper use of the appliance or item of equipment.
This is a penal provision.
Note For engage in conduct, see Navigation Act, s 6.
9.3 In this provision:
proper use, of a life-saving appliance or item of life-saving equipment, means use in an emergency, training for an emergency or maintenance or testing of the appliance or item of equipment.
[13] Provision 10.3.4
substitute
10.3.4The Manager, Ship Inspection and Registration, or a survey authority, must not approve an appliance, item of equipment or arrangement under this Order unless:
(a) it complies with this Order; or
(b) it has passed:
(i) the tests mentioned in IMO Resolution MSC.81(70), as amended by resolutions MSC.200(80), MSC.226(82), MSC.274(85) and MSC.295(87) and, for an appliance of novel design, A.520(13), that apply to it; or
(ii) tests substantially equivalent to those mentioned in subparagraph (i).
[14] Subsubparagraph 12.1.1(b)(i)(B)
omit
level; and
insert
level;
[15] After provision 12.11.1
insert
12.11.1A However, the Manager, Ship Inspection and Registration may reduce the requirements of provision 12.11.1 for:
(a) a ship of less than 300 gross tonnage; or
(b) a ship of at least 300 gross tonnage but less than 500 gross tonnage that is not on an overseas voyage.
[16] Provision 12.11.2
omit
radar transponder
insert
search and rescue locating device
[17] Provision 12.11.2, note
omit
[18] Appendix 1, heading
substitute
Schedule 1 Additional requirements for passenger ships and cargo ships registered in Australia
(provision 11.3)
[19] Appendix 1, clause 2.1.1
substitute
2.1.1 The ship must be provided with narcotic drugs for use in survival craft as follows:
(a) for a ship certified to carry not more than 15 persons — 1 pack;
(b) in any other case — 2 packs.
[20] Appendix 1, clause 3.1, origin reference
omit
7-3
insert
7.3
[21] Appendix 1, clause 3.2
substitute
3.2 Remotely located survival craft muster and embarkation arrangements
(SOLAS Chapter III, regulation 31.1.4)
3.2.1 If a liferaft is provided in accordance with regulation 31.1.4 of Chapter III, the liferaft is taken to be a remotely located survival craft for regulation 7.2.1.2 of Chapter III.
3.2.2 A remotely located survival craft must be stowed with:
(a) at least 2 lifejackets and 2 immersion suits; and
(b) adequate means of illumination that:
(i) complies with regulation 16.7 of Chapter III; and
(ii) can illuminate the liferaft stowage position and the area of water into which the liferaft is to be launched; and
(iii) may be either fixed or portable; and
(iv) if portable — must have brackets so that it can be positioned on either side of the ship; and
(c) an embarkation ladder of an approved kind or other approved means of embarkation (but not a knotted rope) enabling descent to the water in a controlled manner in accordance with regulation 11.7 of Chapter III.
Note A ladder made of wood or aluminium may be approved, if it is constructed of material that has been accepted by a survey authority.
[22] Appendix 1, clause 3.5, heading
omit
radar transponders
insert
search and rescue locating devices
[23] Appendix 1, clause 3.5
omit each mention of
radar transponder
insert
search and rescue locating device
[24] Appendix 1, clause 3.5, note
rename as Note 1
[25] Appendix 1, clause 3.5, after note
insert
Note 2 The IEC testing standards for radar SART is IEC 61097-1, for AIS-SART is IEC 61097-14 and for radar reflectors are ISO 8729-1 and ISO 8729-2.
[26] Appendix 1, clause 3.6.2
omit
provision
insert
clause
[27] Appendix 1, clause 4.1, origin reference
omit
regulation 2.2
insert
paragraph 2.2
[28] Appendix 1, clause 4.2.1
omit each mention of
subparagraph
insert
paragraph
[29] Appendix 1, paragraph 4.2.1(b)
omit
survival craft radar transponder
insert
search and rescue locating device
[30] Appendix 1, clause 4.2.1, unnumbered note
omit
[31] Appendix 1, clause 4.2.1, note 2, first sentence
substitute
Depending on the ship’s intended area of operation, a Class 3, 406 MHz beacon as described in AS/NZ Standard 4280.1 may be suitable for a liferaft.
[32] Appendix 1, clause 4.2.1, notes 2 and 3
re-number as notes 1 and 2
[33] Appendix 1, clauses 4.2.2 and 4.2.3
omit
of this Appendix
[34] Appendix 1, clause 4.5
omit each mention of
subparagraph
insert
paragraph
[35] Appendix 1, paragraph 4.5(b)
omit
ISO 17339:2000
insert
ISO 17339:2002
[36] Appendix 1, subparagraph 4.5(e)(ii)
omit
1841 and 1850
insert
1841.1:2007, 1841.4:2007, 1841.5:2007, 1841.8:2007 and 1850:2009
[37] Appendix 1, clause 4.5, note
substitute
Note for paragraph (e) Fire extinguishers must be rated as 10B in accordance with AS/NZS Standard 1850:2009.
[38] Appendix 1, clause 4.6
substitute
4.6 Rescue boat equipment
(LSA Code, paragraph 5.1.2)
The Manager, Ship Inspection and Registration may accept a search and rescue locating device that is stowed in a rescue boat as equivalent to a radar reflector mentioned in item 12 of paragraph 5.1.2.2 of the LSA Code if the search and rescue locating device complies with IMO Resolution A.802 (19), as amended by resolution MSC.247(83).
[39] Appendix 1, clause 4.7, heading
substitute
4.7 Fast rescue boats
(LSA Code, paragraph 5.1.4)
[40] Appendix 1, clause 4.8
substitute
4.8 Launching and embarkation appliances
(LSA Code, paragraph 6.1.2)
For paragraph 6.1.2.10 of the LSA Code, the maximum lowering speed is:
(a) 1.3 metres per second; or
(b) a greater speed that the Manager, Ship Inspection and Registration considers reasonable, having regard to:
(i) the design of the survival craft or rescue boat; and
(ii) the protection of its occupants from excessive forces; and
(iii) the strength of the launching arrangements taking into account inertia forces during an emergency stop.
[41] Appendix 1, clause 4.9, origin reference
omit
regulation
insert
paragraph
[42] Appendix 1, clause 4.9
omit
A.830(19): Code on Alarms and Indicators, 1995.
insert
A.1021(26): Code on Alarms and Indicators 2009.
[43] Appendix 1, clause 4.10
after
Australian Standard
insert
AS
[44] Further amendments — definitions
Each definition in provision 2 (other than the definitions of life-saving appliance, life-saving equipment and LSA Code) is amended by:
(a) omitting the concluding semi-colon and substituting a full stop; and
(b) formatting each defined term in bold italic.
[45] Further amendments — references to Manager, Ship Inspections
The following provisions are amended by omitting ‘Manager, Ship Inspections’ and inserting ‘Manager, Ship Inspection and Registration’:
· provision 2, definition of approved
· provision 3.4
· provision 3.6
· provision 10.1
· provision 10.3.1
· provision 10.3.2
· provision 10.3.3 (2 mentions)
· provision 10.4
· provision 12.10 (3 mentions)
· provision 12.11.2, note
· Appendix 1, clause 3.1
· Appendix 1, clause 3.3.1
· Appendix 1, clause 3.3.2
· Appendix 1, sub-subparagraph 4.2.1(b)(iii)(B)
· Appendix 1, sub-subparagraph 4.2.1(b)(iii)(B), note 2
· Appendix 1, clause 4.2.3
· Appendix 1, clause 4.3.2
· Appendix 1, clause 4.3.3
· Appendix 1, clause 4.3.4
[46] Further amendments — omission of redundant definitions
The following definitions in provision 2 are omitted:
· AMSA
· General Manager
· IMO
· Manager, Ship Inspections
· Manager, Ship Operations and Qualifications
· Navigation Act
· penal provision
· SOLAS
· survey authority
· USL Code
[47] Further amendments — references to ‘Part’
The following provisions are amended by omitting ‘Part’ and inserting ‘Order’:
· provision 1.1
· provision 2, before the definition of AMSA
· provision 2, definition of Chapter III, note 2
· provision 3.1
· provision 3.2
· provision 3.4
· provision 3.6
· provision 4.1
· provision 4.2
· provision 4.3
· provision 4.5 (2 mentions)
· provision 4.6 (third mention)
· provision 7.3.1 (3 mentions)
· provision 7.3.2
· provision 8 (3 mentions)
· provision 10.3.1
· provision 10.3.2
· provision 10.3.3
[48] Further amendments — Appendices
Provision omit insert 11.3 Appendix 1 to this Part Schedule 1 Appendix 1, clause 1 Appendix Schedule Appendix 1, paragraph 4.2.1 Appendix Schedule Appendix 1, clause 4.5 Appendix Schedule Appendix 2, heading Appendix 2 Schedule 2 Appendix 2, heading Appendix 1 Schedule 1
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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