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Marine Orders - Part 49: High-speed craft, Issue 4 - Amendment (Order No. 8 of 2006)

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MARINE ORDERS Part 49 High-speed craft Issue 4
Amendment
Order No. 8 of 2006 Pursuant to subsection 425(1AA) of the Navigation Act 1912, I hereby make this Order amending Marine Orders, Part 49, Issue 4, in the manner set out herein, to come into operation on 1 August 2006.
 
Clive Davidson
Chief Executive Officer 21 July 2006
 
 


Table of Contents
1               Purpose & power 2               Amendment of principal provisions 3               General amendments                           Previous issues
Issue 1, Order No 1 of 1987 Issue 2, Order No 1 of 1995
—Amendment, Order No 3 of 1995 Issue 3, Order Nos 5 & 7 of 1996 Issue 4, Order No 6 of 2002  
1  Purpose & power 1.1  Purpose This Marine Order makes amendments to Issue 4 of Marine Orders, Part 49 (High Speed Craft), which gives effect to Chapter X of SOLAS dealing with high-speed craft. 1.2  Power 1.2.1  Section 190B of the Navigation Act provides for regulations to specify requirements with which the construction, hull, equipment and machinery of ships shall comply and to make provision for or in relation to the survey and inspection of ships, including the issue of certificates. 1.2.2  Section 191 of the Navigation Act provides that the regulations may make provision for and in relation to giving effect to SOLAS.  Chapter X of SOLAS deals with high speed craft. 1.2.3  Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. 1.2.4  Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.
2  Amendment of principal provisions
2.1     In Provision 2, omit the definition of “Chief Marine Surveyor”. 2.2    In Provision 2, omit the definition of “1994 HSC Code”; substitute the following definition: “1994 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.36(63), as amended by IMO Resolutions MSC.119(74) and MSC.174(79);” 2.3    In Provision 2, omit the definition of “2000 HSC Code”; substitute the following definition: “2000 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.97(73), as amended by IMO Resolution MSC.175(79);” 2.4     In Provision 2, insert after the definition of “IMO” the following definition: “Manager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;” 2.5     Omit Provision 6.1.1; substitute the following: “6.1.1  If the Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.” 2.6     After Provision 6.1.3, insert the following provision: “6.1.4  The General Manager must notify his or her decision in writing to the applicant within 28 days of receiving the application for internal review.” 2.7     Omit Provision 6.2.2; substitute the following: “6.2.2  The notice under 6.1.4 must include: (a)    a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and (b)   a statement to the effect that the person may request a statement under section 28 of that Act.”
3  General amendments
Omit “Chief Marine Surveyor”, wherever occurring in the Part (including Appendices, footnotes); substitute “Manager, Ship Inspections”.   * * * * * *