Marine Orders Part 35: Additional safety measures for bulk carriers, Issue 2 Amendment (No. 10 of 2008) (Cth)

MARINE ORDERS

Part 35

Additional safety measures for bulk carriers

Issue 2

Amendment

Order No. 10 of 2008

In accordance with subsection 425 (1AA) of the Navigation Act 1912, I make this Order amending Marine Orders Part 35, Issue 2, to come into operation on 1 January 2009.

Graham Peachey

Chief Executive Officer

31 October 2008

Amendments

[1]           Provision 1, heading

substitute

1   Purpose and power

[2]           Provision 1.1, including heading and footnote 1

substitute

1.1      Purpose

This Part of Marine Orders gives effect to Chapter XII of SOLAS, which provides structural, stability and other requirements for bulk carriers, in addition to the applicable requirements of other chapters.

Note   The current text of Chapter XII of SOLAS is found in IMO Resolution MSC.170 (79) as amended by MSC.216 (82).

[3]           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 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.

[4]           Provision 2, after definition of SOLAS

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].

[5]           Provisions 3.3 and 3.4, including footnote 3

substitute

3.3         A reference to the Administration in Chapter XII of SOLAS, an IMO resolution or document referred to in this Part is to be read as a reference to the Manager, Ship Inspections.

3.4         In 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.

[6]           Provision 5, heading, including footnote 4

substitute

5   Exemptions and equivalents

[7]           After provision 5.3

insert

Note   Applications for modifications or exemptions 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.