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SECTION A GENERAL

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(c)(i) unless the ship is an oil tanker, a chemical tanker or a gas (ii) a rescue boat. 12.1.3 A ship 25 metres or over in length, If a ship is engaged in operational areas with a monthly mean temperature of 15oC or less,

    MARINE ORDERS

    Part 25

    EquipmentLife-saving

    Issue 5

    Order No. 1 of 2006

    Pursuant to subsection 425(1AA) of the Navigation Act 1912, I hereby make this Order repealing Marine Orders Part 25, Issue 4, and issuing the attached Marine

    Orders Part 25, Issue 5, to come into operation on 1 July 2006.

     Dianne Rimington

    Acting Chief Executive Officer

    2 June 2006

PART 25

    Issue 5 EQUIPMENTLIFE-SAVING

    Table of Contents 1 Purpose & power

    2 Definitions of words and phrases used in this Part

    3 Interpretation

    4 Application

    5 Exemptions and equivalents

    6 Review of decisions

    7 Transitional

    8 Additional appliances or equipment

    9 Damage to appliances and equipment

    10 Control

    11 Requirements for all passenger ships and cargo ships of 500 gross tonnage and over

    12 Requirements for cargo ships of less than 500 gross tonnage

    13 Fishing vessels

    Appendix 1 Specific requirements for Australian registered passenger ships and

    Australian registered cargo ships of 500 gross tonnage and over

    Appendix 2 Certain specifications additional to LSA Code

Previous issues

    Issue 1, Order No. 19 of 1983

    Amended by Order No. 10 of 1986

    Amended by Order No. 1 of 1992 Amended by Order No. 10 of 1992 Issue 2, Order No. 6 of 1992

    Amended by Order No. 11 of 1992

    Issue 3, Order No. 13 of 1994

    ?Amended by Order No. 1 of 1997

    Issue 4, Order No. 12 of 1998

    ?Amended by Order No. 1 of 2002

    Amended by Order No. 7 of 2004

(i) Order No 1 of 2006

     PART 25

    Issue 5 EQUIPMENT?LIFE-SAVING

1 Purpose & power

    1.1 Purpose

    This Part gives effect to Chapter III of SOLAS, including giving effect to the LSA Code,

    and prescribes matters for the purposes of sections 215 and 228 of the Navigation Act.

    1.2 Power

    1.2.1 Section 191 of the Navigation Act provides that the regulations may make

    provision for or in relation to giving effect to SOLAS.

    1.2.2 Section 215 of the Navigation Act provides that the regulations may make

    provision for or in relation to the saving of life at sea, including the appliances to be

    carried, the measures to be observed on ships for the saving of life at sea, and the

    exemption of ships from any requirement of this Act that relates to the saving of life at

    sea.

    1.2.3 Section 228 of the Navigation Act provides that the master of a ship shall not take

    the ship to sea, and the owner of a ship shall not permit the ship to go to sea, unless it is

    duly furnished with the prescribed means of making signals of distress.

    1.2.4 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.

    1.2.5 Subsection 425(1AA) of the Navigation Act provides for the making of orders

    with respect to matters that can be made by the regulations.

    2 Definitions of words and phrases used in this Part

    AMSA means the Australian Maritime Safety Authority established by the Australian

    Maritime Safety Authority Act 1990;

    approved means approved by the Manager, Ship Inspections, or a survey authority;

    1Chapter III means Chapter III of SOLAS;

    General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;

     1 The current text of Chapter III of SOLAS is to be found in the SOLAS Consolidated Edition 2004, amended by

    Resolutions MSC.152(78) and MSC.170(79).

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PART 25

    Issue 5 EQUIPMENTLIFE-SAVING

IMO means the International Maritime Organization;

    length, in relation to a ship, means 96 per cent of the total length on a water-line at 85

    per cent of the least moulded depth measured from the top of the keel or the length from

    the fore side of the stem to the axis of the rudder stock on that water-line, if that be

    greater, except that in ships designed with a rake of keel, the water-line on which this

    length is measured must be parallel to the designed water-line;

    LSA Code means the International Life-Saving Appliance Code, adopted by IMO as

    resolution MSC.48(66);

    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;

    Manager, Ship Operations and Qualifications, means the person occupying the position of Manager, Ship Operations and Qualifications, in AMSA or, in respect of any

    particular purpose under this Part, a suitably qualified person authorised by the

    Manager, Ship Operations and Qualifications, for that purpose; Navigation Act means the Navigation Act 1912; penal provision means a penal provision for the purposes of Regulation 4 of the

    2Navigation (Orders) Regulations;

    SOLAS means the Safety Convention as defined in the Navigation Act;

    survey authority means a survey authority approved for the purposes of the Navigation 3Act;

    surveyor means:

    (a) a person appointed as a surveyor under section 190 of the Navigation Act; or

    (b) a person authorised by the Manager, Ship Inspections, to perform a particular

    function as a surveyor under this Part;

     2 A person who fails to comply with a provision of an order made under subsection 425(1AA) of the Navigation Act

    1912 that is expressed to be a penal provision is guilty of an offence and is punishable by:

    (a) if the offender is an individuala fine not exceeding 20 penalty units; or

    (b) if the offender is a body corporatea fine not exceeding 50 penalty units.

    By virtue of section 4AA of the Crimes Act 1914, a penalty unit is equivalent to $110. 3 The following survey authorities are approved: American Bureau of Shipping; Bureau Veritas; Det Norske Veritas;

    Germanischer Lloyd; Lloyd's Register; and Nippon Kaiji Kyokai. Other survey authorities may be approved by AMSA

    if they meet relevant criteria.

2 Order No 1 of 2006

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    Issue 5 EQUIPMENT?LIFE-SAVING

tanker means a cargo ship constructed or adapted for the carriage in bulk of liquid

    cargoes of a flammable nature;

    USL Code means the Uniform Shipping Laws Code referred to in section 427 of the

    Navigation Act.

    3 Interpretation

    3.1 In this Part, a reference to the date on which a ship was constructed means the date

    on which not less than 50 tonnes or one per cent of the proposed total mass of the

    structural material of the ship, whichever is the less, has been assembled.

    3.2 In this Part, a reference to the number of persons that a ship is certified to carry is a

    reference to the number of persons for whom life-saving appliances are provided as

    specified in the record of equipment contained in or appended to the certificate of the

    ship.

    3.3 The expression to the satisfaction of the Manager, Ship Inspections, or any

    similar expression appearing in this Part, means that the Manager, Ship Inspections,

    may require the fitting, material, appliance or apparatus referred to, to be demonstrated

    to be safe and effective for its intended purpose.

    3.4 Subject to 3.6, a reference to the Administration in Chapter III (other than Regulation 10), the LSA Code, an IMO resolution or document referred to in this Part

    4is to be read as a reference to the Manager, Ship Inspections. 3.5 A reference to the Administration in Regulation 10 of Chapter III is to be read as a reference to the Manager, Ship Operations and Qualifications. 3.6 A requirement in Chapter III, the LSA Code, an IMO resolution or document

    referred to in this Part that an appliance, item of equipment or arrangement must be

    approved by the Administration means that the appliance, item of equipment or

    arrangement must be approved by the Manager, Ship Inspections, or a survey authority.

    3.7 In this Part:

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

    (b) each Appendix is part of the Part;

    (c) a footnote is not part of the Part, but may provide additional information or guidance

    in applying the Part.

     4 Copies of IMO Resolutions or other documents referred to in this Part are available from AMSA.

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4 Application

    4.1 Subject to 4.2 and 4.3, this Part applies to a ship that is:

    (a) a ship registered in Australia; or

    (b) a ship registered in a country other than Australia that is in the territorial sea of

    Australia or waters on the landward side of the territorial sea.

    4.2 This Part does not apply to a ship that is a Safety Convention ship registered in a country other than Australia, except to the extent that the ship fails to comply with

    SOLAS.

    4.3 This Part does not apply to a ship that is registered in a country other than Australia that is a party to the International Convention for the Safety of Life at Sea, 1960, except

    to the extent that the ship fails to comply with that Convention.

    4.4 A cargo ship, whenever built, that is converted to a passenger ship is to be treated as a passenger ship constructed on the date on which such conversion commences.

    4.5 Where a provision of this Part requires or permits the appliances, equipment or arrangements of a ship to comply with the USL Code, one or more requirements of this

    Part may be replaced by the corresponding requirements of the USL Code.

    4.6 If a ship is to be certificated in accordance with one of the Codes referred to in Marine Orders, Part 49 (High Speed Craft) or the Code referred to in Marine Orders,

    Part 50 (Special Purpose Ships), and a provision of the relevant Code is inconsistent

    with a provision of this Part, the provision of the Code will prevail to the extent of the

    inconsistency.

    55 Exemptions and equivalents

    5.1 Exemptions

    (SOLAS I-4 and III-2)

    5.1.1 The Manager, Ship Inspections, if satisfied that compliance with a provision of this Part (other than a provision giving effect to Regulation 10 of Chapter III) would be

    unnecessary or unreasonable having regard to a ship, its equipment and its intended

    voyage, may exempt that ship from compliance with such provision to the extent

    specified and subject to such conditions as that officer thinks fit.

     5 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.

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    5.1.2 The Manager, Ship Operations and Qualifications, if satisfied that compliance with a provision of this Part giving effect to Regulation 10 of Chapter III would be

    unnecessary or unreasonable having regard to a ship, its personnel and its intended

    voyage, may exempt that ship from compliance with such provision to the extent

    specified and subject to such conditions as that officer thinks fit.

    5.2 Equivalents

    (SOLAS I-5)

    Where a provision of this Part requires a particular fitting, material, appliance or

    apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be

    made in a ship, the Manager, Ship Inspections, may allow any other fitting, material,

    appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to

    be made, if that officer is satisfied that the other fitting, material, appliance or apparatus,

    or type thereof, or provision, is at least as effective as that required by that provision of

    this Part.

    5.3 Exemptions and equivalents not to contravene SOLAS

    5.3.1 The Manager, Ship Inspections, must not give an exemption under 5.1.1 or allow an equivalent under 5.2 if it would contravene SOLAS.

    5.3.2 The Manager, Ship Operations and Qualifications, must not give an exemption under 5.1.2 if it would contravene SOLAS.

    6 Review of decisions

    6.1 Internal review

    6.1.1 If the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications, makes a decision under this Part, a person affected by the decision may,

    within three months of the notification or within such longer period as determined by

    the General Manager, apply to the General Manager for review of that decision.

    6.1.2 An application for internal review under 6.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General

    Manager requires to enable the decision to be properly reviewed.

    6.1.3 The General Manager may:

    (a) affirm the original decision by the Manager, Ship Inspections, or the Manager, Ship

    Operations and Qualifications; or

    (b) make any decision that could be made by the Manager, Ship Inspections, or the

    Manager, Ship Operations and Qualifications, in accordance with this Part.

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    6.1.4 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.

    6.2 Review by the AAT

    6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.

    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.

    6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.

    7 Transitional

    7.1 Exemptions

    An exemption granted or continued under a provision of Marine Orders, Part 25, Issue 4, and

    in force immediately before this Issue of this Part came into force, is to continue in force

    as if granted under this Issue of this Part.

    7.2 Approvals

    An appliance, item of equipment or arrangement approved under a provision of Marine

    Orders, Part 25, Issue 4, and in service on a ship immediately before this Issue of this

    Part came into force, is deemed to be approved under this Issue of this Part.

    7.3 Pre-1998 ships

    (SOLAS III-1.4) 7.3.1 Subject to 7.3.2 and 7.3.3, if an appliance, item of equipment or arrangement on a ship constructed before 1 July 1998 does not comply with this Issue of this Part but

    complied with Issue 4 of this Part, it is deemed to comply with this Issue of this Part.

    7.3.2 If:

    (a) an appliance, item of equipment or arrangement referred to in 7.3.1 is replaced; or

6 Order No 1 of 2006

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(b) the ship on which an appliance, item of equipment or arrangement referred to in

    7.3.1 requires additional or different appliances, items of equipment or

    arrangements,

    the replacement or additional appliances, items of equipment or arrangements must

    comply with this Issue of this Part. If, however, a survival craft is replaced without

    replacing its launching appliance, or vice versa, the replacement may be of the same type

    as the item replaced.

    7.3.3 The following regulations or parts of regulations of Chapter III apply to all

    relevant ships irrespective of date of build: paragraphs 2 and 5 of Regulation 6;

    Regulations 8, 9, 10, 19 and 20; paragraphs 3.1 and 4.1 of Regulation 22; Regulations

    26 and 27; paragraph 1 of Regulation 28; Regulations 29 and 30; paragraphs 2 and 3 of

    Regulation 32; Regulations 35, 36 and 37.

    8 Additional appliances or equipment

    If a ship is provided with an appliance or item of equipment additional to the appliances

    and equipment required by this Part, that appliance or item of equipment must comply

    with the requirements of this Part as if it were an appliance or item of equipment

    required to be provided by this Part.

    9 Damage to appliances and equipment

    9.1 A person must not without reasonable excuse engage in conduct resulting in any

    damage to an appliance or item of equipment stored in or belonging to any appliance.

    This is a penal provision 9.2 A person must not without reasonable excuse engage in conduct resulting in the

    alteration or defacement of any label or marking on an appliance or on an item of

    equipment stored in or belonging to a life-saving appliance.

    This is a penal provision

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10 Control

    10.1 Quality control

    A manufacturer of appliances or equipment for use on a ship must institute quality

    control measures in relation to the manufacture, service and repair of those appliances or

    equipment to the satisfaction of the Manager, Ship Inspections, or survey authority.

    10.2 Examination

    For the purpose of 10.1, a surveyor must be permitted by the manufacturer to examine:

    (a) any such appliance or item of equipment during manufacture, service or repair; and (b) the quality control measures in relation to that appliance or equipment.

    10.3 Certificate of approval

    (SOLAS III-4) 10.3.1 The Manager, Ship Inspections, or survey authority may issue a document called a Certificate of Approval as evidence that a particular appliance, item of equipment or

    arrangement, or make or type of appliance or equipment, has been approved under this

    Part.

    10.3.2 A Certificate of Approval remains in force until such date as is shown on that certificate, and may be renewed for a further period if the Manager, Ship Inspections, or

    survey authority is satisfied that the appliance, item of equipment or arrangement, or

    make or type of appliance or equipment, continues to comply with this Part.

    10.3.3 The Manager, Ship Inspections, or a survey authority after consultation with the Manager, Ship Inspections, may revoke a Certificate of Approval if satisfied that the

    appliance, item of equipment or arrangement, or make or type of appliance or equipment,

    no longer complies with this Part.

    10.3.4 The Manager, Ship Inspections, or survey authority will not normally approve appliances, equipment or arrangements that do not comply with the requirements of this

    Part or, where appropriate, have not successfully passed the tests specified in IMO

    Resolution MSC.81(70), as amended by MSC.200(80), or, for appliances of novel

    design, A.520(13).

8 Order No 1 of 2006

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