Transport Operations (Marine Safety) Act 1994Reprint noteRedundant endnotes tables have been omitted from this reprint to reflect current styles.This version was produced on 10 August 2015.This is the last reprint before repeal. Repealed on 1 September 2016 by 2016 SL No. 154 section 214.Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Standard 20061Short titleThis standard may be cited as the Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Standard 2006.2CommencementThis standard commences on 1 March 2006.3DictionaryThe dictionary in the schedule defines words used in this standard.4Application of standardThis standard applies to a person who is the owner or master of a commercial ship or fishing ship that is required to be registered under part 3, division 4 of the regulation.5Purpose of standard(1)This standard will help people to understand the general safety obligation under section 41 of the Act for commercial ships and fishing ships.(2)The equipment mentioned in section 6 is in addition to the safety equipment required under part 2, and part 5, division 8 of the regulation.6Miscellaneous equipment(1)A commercial ship or fishing ship should be equipped in accordance with the USL code, sections 12, 13 and 18.(2)Alternatively, a commercial ship or fishing ship should be equipped to provide a level of safety at least equivalent to the level of safety under the USL code, sections 12, 13 and 18—

(a)to safely navigate the ship in the ship’s intended operational area in all expected weather conditions for the area; andExamples of equipment for paragraph (a)—charts, radar, compasses

(b)to safely secure the ship in the ship’s intended operational area in all expected weather conditions for the area if the ship becomes disabled and afloat; and

(c)to enable the ship to communicate with another ship, or a shore based radio station, in the ship’s intended operational area in all expected weather conditions for the area; and

(d)to provide a safe environment, first aid and reasonable comfort to anyone on board; andExamples of equipment for paragraph (d)—handrails, stairs

(e)to allow anyone safe, unhindered access to and from the ship; andExample of equipment for paragraph (e)—a sturdy passenger gangway with handrails

(f)to safely secure the ship in the ship’s intended operational area in all expected weather conditions for the area to enable—

(i)anyone to embark or disembark; or

(ii)cargo to be transferred to or from the ship; and

(g)to indicate weather changes within the ship’s intended operational area.

(3)The equipment mentioned in this section should be in good working order.7RepealThe Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Interim Standard (No. 2) 2005 SL No. 179 is repealed.8References to former standards(1)In a document or instrument a reference to the following standards may, if the context permits, be taken to be a reference to this standard—

•Transport Operations (Marine Safety—Commercial and Fishing Ships Miscellaneous Equipment) Standard 1998

•Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Interim Standard 2005

•Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Interim Standard (No. 2) 2005.

(2)Subsection (1) does not limit the application of the Acts Interpretation Act 1954, section 14H.ScheduleDictionarysection 3commercial ship see schedule 15 of the regulation.fishing ship see schedule 15 of the regulation.regulation means the Transport Operations (Marine Safety) Regulation 2004.USL code see schedule 15 of the regulation.Editor’s note—A copy of the USL code is available from the National Marine Safety Committee, PO Box 1773, Rozelle, NSW, 2039 <www.nmsc.gov.au>.