Marine Orders Part 49: High-speed Craft, Issue 4 Amendment (Order No. 1 of 2008) (Cth)
| MARINE ORDERS Part 49 High-speed craft Issue 4
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Amendments
[1] Provision 1, heading
substitute
1 Purpose and power
[2] Provision 1
omit each mention of
Navigation Act 1912
insert
Navigation Act
[3] Provision 2, definition of DSC Code
substitute
DSC Code means the Code of Safety for Dynamically Supported Craft adopted by IMO Resolution A.373 (X), as amended by IMO Resolutions MSC.37 (63), MSC.186 (79) and MSC.224 (82);
[4] Provision 2, definition of high‑speed craft
substitute
high‑speed craft has:
(a) in respect of a craft to which the 1994 HSC Code applies — the same meaning as in that Code; and
(b) in respect of a craft to which the 2000 HSC Code applies — the same meaning as in that Code;
and, except where the context otherwise requires, includes a dynamically supported craft;
[5] Provision 2, definition of 1994 HSC Code
relocate in correct position and omit
as amended by IMO Resolutions MSC.119 (74) and MSC.174 (79);
insert
as amended by IMO Resolutions MSC.119 (74), MSC.174 (79) and MSC.221 (82);
[6] Provision 2, definition of 2000 HSC Code
relocate in correct position and omit
as amended by IMO Resolution MSC.175 (79);
insert
as amended by IMO Resolutions MSC.175 (79) and MSC.222 (82);
[7] Provision 2, definition of HSC Safety Certificate
substitute
HSC Safety Certificate means:
(a) in respect of a craft to which the 1994 HSC Code applies — a certificate in the form appearing in Annex 1 of the 1994 HSC Code, together with a permit to operate in accordance with Annex 2 of the 1994 HSC Code; and
(b) in respect of a craft to which the 2000 HSC Code applies — a certificate in the form appearing in Annex 1 of the 2000 HSC Code, together with a permit to operate in accordance with Annex 2 of the 2000 HSC Code;
[8] Provision 2, definition of Manager, Ship Inspections,
omit
Inspections, means the person
insert
Inspections means the person
[9] Provision 2, after definition of Manager, Ship Inspections,
insert
Navigation Act means the Navigation Act 1912;
[10] Provision 2, definitions of penal provision and SOLAS, including footnote 1
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.
SOLAS means the Safety Convention as defined in the Navigation Act.
Note Information on obtaining copies of IMO Resolutions or other documents referred to in this Part is available on AMSA’s website: or via e-mail: [email protected].
[11] Provisions 3.2 and 3.3
substitute
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.
[12] Provision 5, heading, including footnote 2
substitute
5 Exemptions and equivalents
[13] 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.
[14] Provision 6.1.3
substitute
6.1.3 The General Manager may:
(a) affirm the original decision by the Manager, Ship Inspections; or
(b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.
[15] Appendix
omit
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