{"id":"F2005L01209","name":"Marine Orders - Part 33: Cargo and cargo handling—grain, Issue 4","slug":"marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34886,"registerId":"commonwealth-F2005L01209-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Table of Contents","sectionType":"part","heading":"Table of Contents","content":"#   \nTable of Contents\n\n1 Purpose & power\n\n2 Definitions of words and phrases used in this Part\n\n3 Interpretation\n\n4 Application\n\n5 Exemptions and equivalents\n\n6 Review of decisions\n\n7 Requirements\n\n8 Document of authorization\n\n9 Loading of grain\n\n10 Partial discharge of grain\n\nAppendix Sheltered water exemptions\n\nPrevious issues  \nIssue 1, Order No 22 of 1983  \n—Amendment, Order No 13 of 1984\n\nIssue 2, Order No 5 of 1994  \n—Amendment, Order No 3 of 1998\n\nIssue 3, Order No 2 of 2002","sortOrder":0},{"sectionNumber":"4","sectionType":"part","heading":"Application","content":"# 4 Application\n\n4.1 Subject to 4.2, and unless otherwise provided, this Part applies to the loading, stowing and carriage of grain in bulk in:\n\n    (a) a ship registered in Australia; or\n    (b) a ship registered in a country other than Australia that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.\n\n4.2 This Part does not apply to a ship taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.\n\n5 Exemptions & equivalents[\\[4\\]](#_ftn4)\n\n5.1 Exemptions\n\nThe Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship or class of ships, its equipment and its intended voyage, may exempt that ship or class of ships from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.","sortOrder":1},{"sectionNumber":"5.2","sectionType":"division","heading":"Equivalents","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part gives effect to Part C of Chapter VI of SOLAS dealing with the carriage of grain and generally makes provision for the loading, stowing and carriage of grain in ships.\n\n1.2 Power\n\n1.2.1 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.\n\n1.2.2 Section 191 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to SOLAS. Part C of Chapter VI of SOLAS deals with the carriage of grain.\n\n1.2.3 Section 257 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to the stowing or carriage in ships of cargo.[\\[1\\]](#_ftn1)\n\n1.2.4 Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.\n\n2 Definitions of words and phrases used in this Part\n\nAMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;\n\napproved means approved by the Manager, Ship Inspections;\n\nManager, Ship Inspections, means the 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;\n\nCode means the International Code for the Safe Carriage of Grain in Bulk (International Grain Code), 1991 edition, published by the International Maritime Organization;\n\ndocument of authorization means a document in accordance with provision 8:\n\n    (a) in relation to a ship registered in Australia—issued by the Manager, Ship Inspections or a survey authority; or\n    (b) in relation to a Safety Convention ship other than a ship registered in Australia—issued by:\n      (i) the administration of the country of registry of the ship; or\n      (ii) the administration of a country to which the Convention applies, on behalf of the country of registry, under the law of the country of registry that gives effect to SOLAS; or\n      (iii) an organisation recognised and authorised by the administration of the country of registry of the ship;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nIMO means the International Maritime Organization;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[\\[2\\]](#_ftn2)\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurvey authority means a survey authority approved for the purposes of the Navigation Act;[\\[3\\]](#_ftn3)\n\nsurveyor means:\n\n    (a) a person appointed as a surveyor under section 190 of the Navigation Act; or\n    (b) a person authorised by the Manager, Ship Inspections to perform a particular function as a surveyor under this Part;\n    the Navigation Act means the Navigation Act 1912.\n\n3 Interpretation\n\n3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Code.\n\n3.2 A reference in the Code to the Administration is to be read as a reference to the Manager, Ship Inspections.\n\n3.3 A reference in the Code to an organization recognised by the Administration is to be read as a reference to a survey authority.\n\n3.4 In this Part:\n\n    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part; and\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\n4.1 Subject to 4.2, and unless otherwise provided, this Part applies to the loading, stowing and carriage of grain in bulk in:\n\n    (a) a ship registered in Australia; or\n    (b) a ship registered in a country other than Australia that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.\n\n4.2 This Part does not apply to a ship taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.\n\n5 Exemptions & equivalents[\\[4\\]](#_ftn4)\n\n5.1 Exemptions\n\nThe Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship or class of ships, its equipment and its intended voyage, may exempt that ship or class of ships from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.\n\n### 5.2 Equivalents\n\n### 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.\n\n### 5.3 Exemptions and equivalents not to contravene SOLAS\n\nThe Manager, Ship Inspections must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n6.1 Internal review\n\n6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.\n\n6.1.2 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 that officer to make a proper decision.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.\n\n6.2 Review by the AAT\n\n6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.\n\n6.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include 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. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.\n\n6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.\n\n# 7 Requirements\n\n7.1 Bulk grain to be loaded etc in accordance with Code\n\n7.1.1 Subject to other provisions of this Part and SOLAS, grain in bulk must be loaded, trimmed and carried in accordance with the requirements of Part C of Chapter VI of SOLAS and with the Code.\n\n7.1.2 A ship to be loaded with bulk grain must carry the documents necessary to demonstrate compliance with these requirements.[\\[5\\]](#_ftn5)\n\n7.1.3 In accordance with A 7.2 of the Code, AMSA may require the master of a ship to demonstrate the ability of the ship to comply with the stability requirements of the Code at all stages of the voyage. For this purpose, the master’s calculations demonstrating compliance with the stability criteria at all stages of the voyage must be completed prior to loading or partial discharge and made available to a surveyor on request.[\\[6\\]](#_ftn6)\n\n7.1.4 A surveyor may at any time inspect a ship carrying or intending to carry grain from an Australian port to verify compliance with this Part and with the Code.[\\[7\\]](#_ftn7)\n\n  \n7.2 Fumigation\n\nIf a cargo space, whether containing grain or not, is required to be fumigated prior to the loading of grain, the fumigation must be carried out in accordance with the IMO Recommendations on the Safe Use of Pesticides on Ships.[\\[8\\]](#_ftn8)\n\n7.3 Exemptions for certain voyages  \n(A 5 of the Code)\n\nA ship fully or partly loaded with grain, while on passage:\n\n    (a) between ports in Spencer Gulf; or\n    (b) between ports in St Vincent's Gulf; or\n    (c) within the geographic limits of Port Phillip;\n\nis exempt from the stability requirements of this Part provided it complies with the requirements specified in the Appendix.\n\n# 8 Document of authorization  \n(A 3 of the Code)\n\n### A document of authorization must comply with the Code.\n\n# 9 Loading of grain\n\n9.1 Notice of intention to load grain\n\n9.1.1 Subject to 9.1.2, at least 72 hours prior to the time loading of grain is intended to commence, a notice of intention to load grain is to be lodged by an approved method for each port where grain is to be loaded, providing the following information:[\\[9\\]](#_ftn9)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorization and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be loaded (approx), stowage factor, percentage full for each hold; [\\[10\\]](#_ftn10) and\n    (n) worst condition heeling moments and maximum allowable heeling moments; and\n    (o) maximum angle of heel, as applicable; and\n    (p) port, location and time vessel will be available for inspection; and\n    (q) time loading is intended to commence; and\n    (r) next port of call; and\n    (s) name of master.\n\n9.1.2 A surveyor may approve a notification period less than the period of 72 hours referred to in 9.1.1 on request of the master.\n\n9.2 Loading grain\n\n9.2.1 Subject to 9.2.2, the master of a ship must not permit grain to be loaded onto the ship if :\n\n    (a) notice has not been given in accordance with 9.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n9.2.2 If a surveyor has advised the master that an inspection of the ship is required, the loading may commence on the advice of the surveyor following the inspection.\n\n# 10 Partial discharge of grain\n\n10.1 Notice of partial discharge of grain\n\n10.1.1 Subject to 10.1.2, if a cargo of grain is to be partially discharged at an Australian port, at least 24 hours prior to the anticipated time of sailing from that port, a notice of intention to discharge grain is to be lodged by an approved method for each port where grain is to be discharged, providing the following information:[\\[11\\]](#_ftn11)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorisation and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be discharged (approx), stowage factor, percentage full for each hold;[\\[12\\]](#_ftn12) and\n    (n) later discharge ports; and\n    (o) worst condition heeling moments and maximum allowable heeling moments; and\n    (p) maximum angle of heel, as applicable; and\n    (q) port, location and time vessel will be available for inspection; and\n    (r) anticipated time of sailing; and\n    (s) next port of call; and\n    (t) name of master.\n\n10.1.2 A surveyor may approve a notification period less than the period of 24 hours referred to in 10.1.1 on request of the master.\n\n10.2 Subject to 10.3, the master of a ship must not take the ship to sea if:\n\n    (a) notice has not been given in accordance with 10.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n10.3 If a surveyor advises the master that an inspection of the ship is required, the ship may sail on the advice of the surveyor following the inspection.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":2},{"sectionNumber":"Where a provision of this Part requires ","sectionType":"division","heading":"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.","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part gives effect to Part C of Chapter VI of SOLAS dealing with the carriage of grain and generally makes provision for the loading, stowing and carriage of grain in ships.\n\n1.2 Power\n\n1.2.1 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.\n\n1.2.2 Section 191 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to SOLAS. Part C of Chapter VI of SOLAS deals with the carriage of grain.\n\n1.2.3 Section 257 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to the stowing or carriage in ships of cargo.[\\[1\\]](#_ftn1)\n\n1.2.4 Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.\n\n2 Definitions of words and phrases used in this Part\n\nAMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;\n\napproved means approved by the Manager, Ship Inspections;\n\nManager, Ship Inspections, means the 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;\n\nCode means the International Code for the Safe Carriage of Grain in Bulk (International Grain Code), 1991 edition, published by the International Maritime Organization;\n\ndocument of authorization means a document in accordance with provision 8:\n\n    (a) in relation to a ship registered in Australia—issued by the Manager, Ship Inspections or a survey authority; or\n    (b) in relation to a Safety Convention ship other than a ship registered in Australia—issued by:\n      (i) the administration of the country of registry of the ship; or\n      (ii) the administration of a country to which the Convention applies, on behalf of the country of registry, under the law of the country of registry that gives effect to SOLAS; or\n      (iii) an organisation recognised and authorised by the administration of the country of registry of the ship;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nIMO means the International Maritime Organization;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[\\[2\\]](#_ftn2)\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurvey authority means a survey authority approved for the purposes of the Navigation Act;[\\[3\\]](#_ftn3)\n\nsurveyor means:\n\n    (a) a person appointed as a surveyor under section 190 of the Navigation Act; or\n    (b) a person authorised by the Manager, Ship Inspections to perform a particular function as a surveyor under this Part;\n    the Navigation Act means the Navigation Act 1912.\n\n3 Interpretation\n\n3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Code.\n\n3.2 A reference in the Code to the Administration is to be read as a reference to the Manager, Ship Inspections.\n\n3.3 A reference in the Code to an organization recognised by the Administration is to be read as a reference to a survey authority.\n\n3.4 In this Part:\n\n    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part; and\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\n4.1 Subject to 4.2, and unless otherwise provided, this Part applies to the loading, stowing and carriage of grain in bulk in:\n\n    (a) a ship registered in Australia; or\n    (b) a ship registered in a country other than Australia that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.\n\n4.2 This Part does not apply to a ship taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.\n\n5 Exemptions & equivalents[\\[4\\]](#_ftn4)\n\n5.1 Exemptions\n\nThe Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship or class of ships, its equipment and its intended voyage, may exempt that ship or class of ships from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.\n\n### 5.2 Equivalents\n\n### 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.\n\n### 5.3 Exemptions and equivalents not to contravene SOLAS\n\nThe Manager, Ship Inspections must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n6.1 Internal review\n\n6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.\n\n6.1.2 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 that officer to make a proper decision.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.\n\n6.2 Review by the AAT\n\n6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.\n\n6.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include 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. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.\n\n6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.\n\n# 7 Requirements\n\n7.1 Bulk grain to be loaded etc in accordance with Code\n\n7.1.1 Subject to other provisions of this Part and SOLAS, grain in bulk must be loaded, trimmed and carried in accordance with the requirements of Part C of Chapter VI of SOLAS and with the Code.\n\n7.1.2 A ship to be loaded with bulk grain must carry the documents necessary to demonstrate compliance with these requirements.[\\[5\\]](#_ftn5)\n\n7.1.3 In accordance with A 7.2 of the Code, AMSA may require the master of a ship to demonstrate the ability of the ship to comply with the stability requirements of the Code at all stages of the voyage. For this purpose, the master’s calculations demonstrating compliance with the stability criteria at all stages of the voyage must be completed prior to loading or partial discharge and made available to a surveyor on request.[\\[6\\]](#_ftn6)\n\n7.1.4 A surveyor may at any time inspect a ship carrying or intending to carry grain from an Australian port to verify compliance with this Part and with the Code.[\\[7\\]](#_ftn7)\n\n  \n7.2 Fumigation\n\nIf a cargo space, whether containing grain or not, is required to be fumigated prior to the loading of grain, the fumigation must be carried out in accordance with the IMO Recommendations on the Safe Use of Pesticides on Ships.[\\[8\\]](#_ftn8)\n\n7.3 Exemptions for certain voyages  \n(A 5 of the Code)\n\nA ship fully or partly loaded with grain, while on passage:\n\n    (a) between ports in Spencer Gulf; or\n    (b) between ports in St Vincent's Gulf; or\n    (c) within the geographic limits of Port Phillip;\n\nis exempt from the stability requirements of this Part provided it complies with the requirements specified in the Appendix.\n\n# 8 Document of authorization  \n(A 3 of the Code)\n\n### A document of authorization must comply with the Code.\n\n# 9 Loading of grain\n\n9.1 Notice of intention to load grain\n\n9.1.1 Subject to 9.1.2, at least 72 hours prior to the time loading of grain is intended to commence, a notice of intention to load grain is to be lodged by an approved method for each port where grain is to be loaded, providing the following information:[\\[9\\]](#_ftn9)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorization and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be loaded (approx), stowage factor, percentage full for each hold; [\\[10\\]](#_ftn10) and\n    (n) worst condition heeling moments and maximum allowable heeling moments; and\n    (o) maximum angle of heel, as applicable; and\n    (p) port, location and time vessel will be available for inspection; and\n    (q) time loading is intended to commence; and\n    (r) next port of call; and\n    (s) name of master.\n\n9.1.2 A surveyor may approve a notification period less than the period of 72 hours referred to in 9.1.1 on request of the master.\n\n9.2 Loading grain\n\n9.2.1 Subject to 9.2.2, the master of a ship must not permit grain to be loaded onto the ship if :\n\n    (a) notice has not been given in accordance with 9.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n9.2.2 If a surveyor has advised the master that an inspection of the ship is required, the loading may commence on the advice of the surveyor following the inspection.\n\n# 10 Partial discharge of grain\n\n10.1 Notice of partial discharge of grain\n\n10.1.1 Subject to 10.1.2, if a cargo of grain is to be partially discharged at an Australian port, at least 24 hours prior to the anticipated time of sailing from that port, a notice of intention to discharge grain is to be lodged by an approved method for each port where grain is to be discharged, providing the following information:[\\[11\\]](#_ftn11)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorisation and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be discharged (approx), stowage factor, percentage full for each hold;[\\[12\\]](#_ftn12) and\n    (n) later discharge ports; and\n    (o) worst condition heeling moments and maximum allowable heeling moments; and\n    (p) maximum angle of heel, as applicable; and\n    (q) port, location and time vessel will be available for inspection; and\n    (r) anticipated time of sailing; and\n    (s) next port of call; and\n    (t) name of master.\n\n10.1.2 A surveyor may approve a notification period less than the period of 24 hours referred to in 10.1.1 on request of the master.\n\n10.2 Subject to 10.3, the master of a ship must not take the ship to sea if:\n\n    (a) notice has not been given in accordance with 10.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n10.3 If a surveyor advises the master that an inspection of the ship is required, the ship may sail on the advice of the surveyor following the inspection.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":3},{"sectionNumber":"5.3","sectionType":"division","heading":"Exemptions and equivalents not to contravene SOLAS","content":"### 5.3 Exemptions and equivalents not to contravene SOLAS\n\nThe Manager, Ship Inspections must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.","sortOrder":4},{"sectionNumber":"6","sectionType":"part","heading":"Review of decisions","content":"# 6 Review of decisions\n\n6.1 Internal review\n\n6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.\n\n6.1.2 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 that officer to make a proper decision.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.\n\n6.2 Review by the AAT\n\n6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.\n\n6.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include 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. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.\n\n6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.","sortOrder":5},{"sectionNumber":"7","sectionType":"part","heading":"Requirements","content":"# 7 Requirements\n\n7.1 Bulk grain to be loaded etc in accordance with Code\n\n7.1.1 Subject to other provisions of this Part and SOLAS, grain in bulk must be loaded, trimmed and carried in accordance with the requirements of Part C of Chapter VI of SOLAS and with the Code.\n\n7.1.2 A ship to be loaded with bulk grain must carry the documents necessary to demonstrate compliance with these requirements.[\\[5\\]](#_ftn5)\n\n7.1.3 In accordance with A 7.2 of the Code, AMSA may require the master of a ship to demonstrate the ability of the ship to comply with the stability requirements of the Code at all stages of the voyage. For this purpose, the master’s calculations demonstrating compliance with the stability criteria at all stages of the voyage must be completed prior to loading or partial discharge and made available to a surveyor on request.[\\[6\\]](#_ftn6)\n\n7.1.4 A surveyor may at any time inspect a ship carrying or intending to carry grain from an Australian port to verify compliance with this Part and with the Code.[\\[7\\]](#_ftn7)\n\n  \n7.2 Fumigation\n\nIf a cargo space, whether containing grain or not, is required to be fumigated prior to the loading of grain, the fumigation must be carried out in accordance with the IMO Recommendations on the Safe Use of Pesticides on Ships.[\\[8\\]](#_ftn8)\n\n7.3 Exemptions for certain voyages  \n(A 5 of the Code)\n\nA ship fully or partly loaded with grain, while on passage:\n\n    (a) between ports in Spencer Gulf; or\n    (b) between ports in St Vincent's Gulf; or\n    (c) within the geographic limits of Port Phillip;\n\nis exempt from the stability requirements of this Part provided it complies with the requirements specified in the Appendix.","sortOrder":6},{"sectionNumber":"8","sectionType":"part","heading":"Document of authorization(A 3 of the Code)","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part gives effect to Part C of Chapter VI of SOLAS dealing with the carriage of grain and generally makes provision for the loading, stowing and carriage of grain in ships.\n\n1.2 Power\n\n1.2.1 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.\n\n1.2.2 Section 191 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to SOLAS. Part C of Chapter VI of SOLAS deals with the carriage of grain.\n\n1.2.3 Section 257 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to the stowing or carriage in ships of cargo.[\\[1\\]](#_ftn1)\n\n1.2.4 Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.\n\n2 Definitions of words and phrases used in this Part\n\nAMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;\n\napproved means approved by the Manager, Ship Inspections;\n\nManager, Ship Inspections, means the 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;\n\nCode means the International Code for the Safe Carriage of Grain in Bulk (International Grain Code), 1991 edition, published by the International Maritime Organization;\n\ndocument of authorization means a document in accordance with provision 8:\n\n    (a) in relation to a ship registered in Australia—issued by the Manager, Ship Inspections or a survey authority; or\n    (b) in relation to a Safety Convention ship other than a ship registered in Australia—issued by:\n      (i) the administration of the country of registry of the ship; or\n      (ii) the administration of a country to which the Convention applies, on behalf of the country of registry, under the law of the country of registry that gives effect to SOLAS; or\n      (iii) an organisation recognised and authorised by the administration of the country of registry of the ship;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nIMO means the International Maritime Organization;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[\\[2\\]](#_ftn2)\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurvey authority means a survey authority approved for the purposes of the Navigation Act;[\\[3\\]](#_ftn3)\n\nsurveyor means:\n\n    (a) a person appointed as a surveyor under section 190 of the Navigation Act; or\n    (b) a person authorised by the Manager, Ship Inspections to perform a particular function as a surveyor under this Part;\n    the Navigation Act means the Navigation Act 1912.\n\n3 Interpretation\n\n3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Code.\n\n3.2 A reference in the Code to the Administration is to be read as a reference to the Manager, Ship Inspections.\n\n3.3 A reference in the Code to an organization recognised by the Administration is to be read as a reference to a survey authority.\n\n3.4 In this Part:\n\n    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part; and\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\n4.1 Subject to 4.2, and unless otherwise provided, this Part applies to the loading, stowing and carriage of grain in bulk in:\n\n    (a) a ship registered in Australia; or\n    (b) a ship registered in a country other than Australia that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.\n\n4.2 This Part does not apply to a ship taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.\n\n5 Exemptions & equivalents[\\[4\\]](#_ftn4)\n\n5.1 Exemptions\n\nThe Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship or class of ships, its equipment and its intended voyage, may exempt that ship or class of ships from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.\n\n### 5.2 Equivalents\n\n### 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.\n\n### 5.3 Exemptions and equivalents not to contravene SOLAS\n\nThe Manager, Ship Inspections must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n6.1 Internal review\n\n6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.\n\n6.1.2 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 that officer to make a proper decision.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.\n\n6.2 Review by the AAT\n\n6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.\n\n6.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include 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. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.\n\n6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.\n\n# 7 Requirements\n\n7.1 Bulk grain to be loaded etc in accordance with Code\n\n7.1.1 Subject to other provisions of this Part and SOLAS, grain in bulk must be loaded, trimmed and carried in accordance with the requirements of Part C of Chapter VI of SOLAS and with the Code.\n\n7.1.2 A ship to be loaded with bulk grain must carry the documents necessary to demonstrate compliance with these requirements.[\\[5\\]](#_ftn5)\n\n7.1.3 In accordance with A 7.2 of the Code, AMSA may require the master of a ship to demonstrate the ability of the ship to comply with the stability requirements of the Code at all stages of the voyage. For this purpose, the master’s calculations demonstrating compliance with the stability criteria at all stages of the voyage must be completed prior to loading or partial discharge and made available to a surveyor on request.[\\[6\\]](#_ftn6)\n\n7.1.4 A surveyor may at any time inspect a ship carrying or intending to carry grain from an Australian port to verify compliance with this Part and with the Code.[\\[7\\]](#_ftn7)\n\n  \n7.2 Fumigation\n\nIf a cargo space, whether containing grain or not, is required to be fumigated prior to the loading of grain, the fumigation must be carried out in accordance with the IMO Recommendations on the Safe Use of Pesticides on Ships.[\\[8\\]](#_ftn8)\n\n7.3 Exemptions for certain voyages  \n(A 5 of the Code)\n\nA ship fully or partly loaded with grain, while on passage:\n\n    (a) between ports in Spencer Gulf; or\n    (b) between ports in St Vincent's Gulf; or\n    (c) within the geographic limits of Port Phillip;\n\nis exempt from the stability requirements of this Part provided it complies with the requirements specified in the Appendix.\n\n# 8 Document of authorization  \n(A 3 of the Code)\n\n### A document of authorization must comply with the Code.\n\n# 9 Loading of grain\n\n9.1 Notice of intention to load grain\n\n9.1.1 Subject to 9.1.2, at least 72 hours prior to the time loading of grain is intended to commence, a notice of intention to load grain is to be lodged by an approved method for each port where grain is to be loaded, providing the following information:[\\[9\\]](#_ftn9)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorization and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be loaded (approx), stowage factor, percentage full for each hold; [\\[10\\]](#_ftn10) and\n    (n) worst condition heeling moments and maximum allowable heeling moments; and\n    (o) maximum angle of heel, as applicable; and\n    (p) port, location and time vessel will be available for inspection; and\n    (q) time loading is intended to commence; and\n    (r) next port of call; and\n    (s) name of master.\n\n9.1.2 A surveyor may approve a notification period less than the period of 72 hours referred to in 9.1.1 on request of the master.\n\n9.2 Loading grain\n\n9.2.1 Subject to 9.2.2, the master of a ship must not permit grain to be loaded onto the ship if :\n\n    (a) notice has not been given in accordance with 9.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n9.2.2 If a surveyor has advised the master that an inspection of the ship is required, the loading may commence on the advice of the surveyor following the inspection.\n\n# 10 Partial discharge of grain\n\n10.1 Notice of partial discharge of grain\n\n10.1.1 Subject to 10.1.2, if a cargo of grain is to be partially discharged at an Australian port, at least 24 hours prior to the anticipated time of sailing from that port, a notice of intention to discharge grain is to be lodged by an approved method for each port where grain is to be discharged, providing the following information:[\\[11\\]](#_ftn11)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorisation and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be discharged (approx), stowage factor, percentage full for each hold;[\\[12\\]](#_ftn12) and\n    (n) later discharge ports; and\n    (o) worst condition heeling moments and maximum allowable heeling moments; and\n    (p) maximum angle of heel, as applicable; and\n    (q) port, location and time vessel will be available for inspection; and\n    (r) anticipated time of sailing; and\n    (s) next port of call; and\n    (t) name of master.\n\n10.1.2 A surveyor may approve a notification period less than the period of 24 hours referred to in 10.1.1 on request of the master.\n\n10.2 Subject to 10.3, the master of a ship must not take the ship to sea if:\n\n    (a) notice has not been given in accordance with 10.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n10.3 If a surveyor advises the master that an inspection of the ship is required, the ship may sail on the advice of the surveyor following the inspection.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":7},{"sectionNumber":"A document of authorization must comply ","sectionType":"division","heading":"A document of authorization must comply with the Code.","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part gives effect to Part C of Chapter VI of SOLAS dealing with the carriage of grain and generally makes provision for the loading, stowing and carriage of grain in ships.\n\n1.2 Power\n\n1.2.1 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.\n\n1.2.2 Section 191 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to SOLAS. Part C of Chapter VI of SOLAS deals with the carriage of grain.\n\n1.2.3 Section 257 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to the stowing or carriage in ships of cargo.[\\[1\\]](#_ftn1)\n\n1.2.4 Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.\n\n2 Definitions of words and phrases used in this Part\n\nAMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;\n\napproved means approved by the Manager, Ship Inspections;\n\nManager, Ship Inspections, means the 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;\n\nCode means the International Code for the Safe Carriage of Grain in Bulk (International Grain Code), 1991 edition, published by the International Maritime Organization;\n\ndocument of authorization means a document in accordance with provision 8:\n\n    (a) in relation to a ship registered in Australia—issued by the Manager, Ship Inspections or a survey authority; or\n    (b) in relation to a Safety Convention ship other than a ship registered in Australia—issued by:\n      (i) the administration of the country of registry of the ship; or\n      (ii) the administration of a country to which the Convention applies, on behalf of the country of registry, under the law of the country of registry that gives effect to SOLAS; or\n      (iii) an organisation recognised and authorised by the administration of the country of registry of the ship;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nIMO means the International Maritime Organization;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[\\[2\\]](#_ftn2)\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurvey authority means a survey authority approved for the purposes of the Navigation Act;[\\[3\\]](#_ftn3)\n\nsurveyor means:\n\n    (a) a person appointed as a surveyor under section 190 of the Navigation Act; or\n    (b) a person authorised by the Manager, Ship Inspections to perform a particular function as a surveyor under this Part;\n    the Navigation Act means the Navigation Act 1912.\n\n3 Interpretation\n\n3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Code.\n\n3.2 A reference in the Code to the Administration is to be read as a reference to the Manager, Ship Inspections.\n\n3.3 A reference in the Code to an organization recognised by the Administration is to be read as a reference to a survey authority.\n\n3.4 In this Part:\n\n    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part; and\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\n4.1 Subject to 4.2, and unless otherwise provided, this Part applies to the loading, stowing and carriage of grain in bulk in:\n\n    (a) a ship registered in Australia; or\n    (b) a ship registered in a country other than Australia that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.\n\n4.2 This Part does not apply to a ship taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.\n\n5 Exemptions & equivalents[\\[4\\]](#_ftn4)\n\n5.1 Exemptions\n\nThe Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship or class of ships, its equipment and its intended voyage, may exempt that ship or class of ships from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.\n\n### 5.2 Equivalents\n\n### 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.\n\n### 5.3 Exemptions and equivalents not to contravene SOLAS\n\nThe Manager, Ship Inspections must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n6.1 Internal review\n\n6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.\n\n6.1.2 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 that officer to make a proper decision.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.\n\n6.2 Review by the AAT\n\n6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.\n\n6.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include 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. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.\n\n6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.\n\n# 7 Requirements\n\n7.1 Bulk grain to be loaded etc in accordance with Code\n\n7.1.1 Subject to other provisions of this Part and SOLAS, grain in bulk must be loaded, trimmed and carried in accordance with the requirements of Part C of Chapter VI of SOLAS and with the Code.\n\n7.1.2 A ship to be loaded with bulk grain must carry the documents necessary to demonstrate compliance with these requirements.[\\[5\\]](#_ftn5)\n\n7.1.3 In accordance with A 7.2 of the Code, AMSA may require the master of a ship to demonstrate the ability of the ship to comply with the stability requirements of the Code at all stages of the voyage. For this purpose, the master’s calculations demonstrating compliance with the stability criteria at all stages of the voyage must be completed prior to loading or partial discharge and made available to a surveyor on request.[\\[6\\]](#_ftn6)\n\n7.1.4 A surveyor may at any time inspect a ship carrying or intending to carry grain from an Australian port to verify compliance with this Part and with the Code.[\\[7\\]](#_ftn7)\n\n  \n7.2 Fumigation\n\nIf a cargo space, whether containing grain or not, is required to be fumigated prior to the loading of grain, the fumigation must be carried out in accordance with the IMO Recommendations on the Safe Use of Pesticides on Ships.[\\[8\\]](#_ftn8)\n\n7.3 Exemptions for certain voyages  \n(A 5 of the Code)\n\nA ship fully or partly loaded with grain, while on passage:\n\n    (a) between ports in Spencer Gulf; or\n    (b) between ports in St Vincent's Gulf; or\n    (c) within the geographic limits of Port Phillip;\n\nis exempt from the stability requirements of this Part provided it complies with the requirements specified in the Appendix.\n\n# 8 Document of authorization  \n(A 3 of the Code)\n\n### A document of authorization must comply with the Code.\n\n# 9 Loading of grain\n\n9.1 Notice of intention to load grain\n\n9.1.1 Subject to 9.1.2, at least 72 hours prior to the time loading of grain is intended to commence, a notice of intention to load grain is to be lodged by an approved method for each port where grain is to be loaded, providing the following information:[\\[9\\]](#_ftn9)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorization and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be loaded (approx), stowage factor, percentage full for each hold; [\\[10\\]](#_ftn10) and\n    (n) worst condition heeling moments and maximum allowable heeling moments; and\n    (o) maximum angle of heel, as applicable; and\n    (p) port, location and time vessel will be available for inspection; and\n    (q) time loading is intended to commence; and\n    (r) next port of call; and\n    (s) name of master.\n\n9.1.2 A surveyor may approve a notification period less than the period of 72 hours referred to in 9.1.1 on request of the master.\n\n9.2 Loading grain\n\n9.2.1 Subject to 9.2.2, the master of a ship must not permit grain to be loaded onto the ship if :\n\n    (a) notice has not been given in accordance with 9.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n9.2.2 If a surveyor has advised the master that an inspection of the ship is required, the loading may commence on the advice of the surveyor following the inspection.\n\n# 10 Partial discharge of grain\n\n10.1 Notice of partial discharge of grain\n\n10.1.1 Subject to 10.1.2, if a cargo of grain is to be partially discharged at an Australian port, at least 24 hours prior to the anticipated time of sailing from that port, a notice of intention to discharge grain is to be lodged by an approved method for each port where grain is to be discharged, providing the following information:[\\[11\\]](#_ftn11)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorisation and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be discharged (approx), stowage factor, percentage full for each hold;[\\[12\\]](#_ftn12) and\n    (n) later discharge ports; and\n    (o) worst condition heeling moments and maximum allowable heeling moments; and\n    (p) maximum angle of heel, as applicable; and\n    (q) port, location and time vessel will be available for inspection; and\n    (r) anticipated time of sailing; and\n    (s) next port of call; and\n    (t) name of master.\n\n10.1.2 A surveyor may approve a notification period less than the period of 24 hours referred to in 10.1.1 on request of the master.\n\n10.2 Subject to 10.3, the master of a ship must not take the ship to sea if:\n\n    (a) notice has not been given in accordance with 10.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n10.3 If a surveyor advises the master that an inspection of the ship is required, the ship may sail on the advice of the surveyor following the inspection.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":8},{"sectionNumber":"9","sectionType":"part","heading":"Loading of grain","content":"# 9 Loading of grain\n\n9.1 Notice of intention to load grain\n\n9.1.1 Subject to 9.1.2, at least 72 hours prior to the time loading of grain is intended to commence, a notice of intention to load grain is to be lodged by an approved method for each port where grain is to be loaded, providing the following information:[\\[9\\]](#_ftn9)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorization and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be loaded (approx), stowage factor, percentage full for each hold; [\\[10\\]](#_ftn10) and\n    (n) worst condition heeling moments and maximum allowable heeling moments; and\n    (o) maximum angle of heel, as applicable; and\n    (p) port, location and time vessel will be available for inspection; and\n    (q) time loading is intended to commence; and\n    (r) next port of call; and\n    (s) name of master.\n\n9.1.2 A surveyor may approve a notification period less than the period of 72 hours referred to in 9.1.1 on request of the master.\n\n9.2 Loading grain\n\n9.2.1 Subject to 9.2.2, the master of a ship must not permit grain to be loaded onto the ship if :\n\n    (a) notice has not been given in accordance with 9.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n9.2.2 If a surveyor has advised the master that an inspection of the ship is required, the loading may commence on the advice of the surveyor following the inspection.","sortOrder":9},{"sectionNumber":"10","sectionType":"part","heading":"Partial discharge of grain","content":"# 10 Partial discharge of grain\n\n10.1 Notice of partial discharge of grain\n\n10.1.1 Subject to 10.1.2, if a cargo of grain is to be partially discharged at an Australian port, at least 24 hours prior to the anticipated time of sailing from that port, a notice of intention to discharge grain is to be lodged by an approved method for each port where grain is to be discharged, providing the following information:[\\[11\\]](#_ftn11)\n\n    (a) name of ship; and\n    (b) country of registry; and\n    (c) IMO number; and\n    (d) type of ship; and\n    (e) year keel laid; and\n    (f) gross tonnage; and\n    (g) summer deadweight; and\n    (h) summer draft; and\n    (i) sailing draft; and\n    (j) agent (for cargo) and contact details; and\n    (k) approving authority for document of authorisation and date of approval; and\n    (l) an indication that the stability booklet provides for trimmed and untrimmed ends; and\n    (m) grain cargo details—type of grain, tonnes to be discharged (approx), stowage factor, percentage full for each hold;[\\[12\\]](#_ftn12) and\n    (n) later discharge ports; and\n    (o) worst condition heeling moments and maximum allowable heeling moments; and\n    (p) maximum angle of heel, as applicable; and\n    (q) port, location and time vessel will be available for inspection; and\n    (r) anticipated time of sailing; and\n    (s) next port of call; and\n    (t) name of master.\n\n10.1.2 A surveyor may approve a notification period less than the period of 24 hours referred to in 10.1.1 on request of the master.\n\n10.2 Subject to 10.3, the master of a ship must not take the ship to sea if:\n\n    (a) notice has not been given in accordance with 10.1; or\n    (b) a surveyor has advised the master that an inspection of the ship is required.\n\nThis is a penal provision.\n\n10.3 If a surveyor advises the master that an inspection of the ship is required, the ship may sail on the advice of the surveyor following the inspection.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":10},{"sectionNumber":"Appendix","sectionType":"part","heading":"Appendix","content":"# Appendix\n\n# Sheltered water exemptions\n\n## 1 Voyages between ports in Spencer Gulf[\\[13\\]](#_ftn13)\n\n1.1 Metacentric height\n\n1.1.1 The ship's metacentric height (GM) corrected for the effects of free surface of fluids must not be less than a value equal to:[\\[14\\]](#_ftn14)\n\n![](image.002.png)\n\nwhere:\n\nH \\= the total volumetric heeling moment for the proposed loading in accordance with 1.2 of this Appendix;\n\nSF \\= the stowage factor of the grain;\n\n \\= the ship's displacement as proposed for the loading; and\n\nR \\= the lesser of 0.325 or the value given by twice the freeboard on passage divided by the moulded breadth.\n\n1.1.2 In no case may the ship's metacentric height as corrected for the effects of the free surface of liquids be less than 0.3 metres.\n\n### 1.2 Calculation of heeling moment\n\n1.2.1 If the ship is provided with a document of authorization:\n\nH \\= total volumetric heeling moment,\n\nwhere the heeling moments are taken from the ship's grain loading information corrected, where appropriate, for vertical shift.\n\n1.2.2 If a ship has no document of authorization, but has holds constructed with 2 or more vertical or 2 or more sloping grain-tight longitudinal divisions having an inclination of more than 30 degrees to the horizontal so disposed as to limit the effect of transverse shift of grain:\n\n![](image.003.png)\n\nwhere:\n\nA \\= 1.26 when the centre of gravity of the cargo is taken to be volumetric centre of the compartment loaded, or 1.34 when the actual centre of gravity of the cargo is used;\n\n![](image.004.png) = the sum of the heeling moments of filled compartments taken from the ship's grain loading information; and\n\n![](image.005.png) = the sum of the heeling moments for partly filled compartments taken from the ship's grain loading information.\n\n1.2.3 If a ship is not provided with a document of authorization and is not a ship referred to in 1.2.2 of this Appendix:\n\n![](image.006.png)\n\nwhere:\n\n![](image.007.png) \\= the sum of the lengths of filled compartments;\n\n![](image.008.png) \\= the sum of the lengths of partly filled compartments;\n\nB \\= moulded breadth of the ship; and\n\nVd \\= average void depth for filled compartments.\n\n### 2 Voyages between ports in St Vincent's Gulf[\\[15\\]](#_ftn15) or within the geographic limits of Port Philip\n\n2.1 All grain surfaces in partly filled compartments must be trimmed reasonably level.\n\n2.2 A ship's metacentric height, corrected for the effects of free surface liquids (GfM), must not be less than 0.3 metres during a voyage.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":11},{"sectionNumber":"Sheltered water exemptions","sectionType":"part","heading":"Sheltered water exemptions","content":"# Appendix\n\n# Sheltered water exemptions\n\n## 1 Voyages between ports in Spencer Gulf[\\[13\\]](#_ftn13)\n\n1.1 Metacentric height\n\n1.1.1 The ship's metacentric height (GM) corrected for the effects of free surface of fluids must not be less than a value equal to:[\\[14\\]](#_ftn14)\n\n![](image.002.png)\n\nwhere:\n\nH \\= the total volumetric heeling moment for the proposed loading in accordance with 1.2 of this Appendix;\n\nSF \\= the stowage factor of the grain;\n\n \\= the ship's displacement as proposed for the loading; and\n\nR \\= the lesser of 0.325 or the value given by twice the freeboard on passage divided by the moulded breadth.\n\n1.1.2 In no case may the ship's metacentric height as corrected for the effects of the free surface of liquids be less than 0.3 metres.\n\n### 1.2 Calculation of heeling moment\n\n1.2.1 If the ship is provided with a document of authorization:\n\nH \\= total volumetric heeling moment,\n\nwhere the heeling moments are taken from the ship's grain loading information corrected, where appropriate, for vertical shift.\n\n1.2.2 If a ship has no document of authorization, but has holds constructed with 2 or more vertical or 2 or more sloping grain-tight longitudinal divisions having an inclination of more than 30 degrees to the horizontal so disposed as to limit the effect of transverse shift of grain:\n\n![](image.003.png)\n\nwhere:\n\nA \\= 1.26 when the centre of gravity of the cargo is taken to be volumetric centre of the compartment loaded, or 1.34 when the actual centre of gravity of the cargo is used;\n\n![](image.004.png) = the sum of the heeling moments of filled compartments taken from the ship's grain loading information; and\n\n![](image.005.png) = the sum of the heeling moments for partly filled compartments taken from the ship's grain loading information.\n\n1.2.3 If a ship is not provided with a document of authorization and is not a ship referred to in 1.2.2 of this Appendix:\n\n![](image.006.png)\n\nwhere:\n\n![](image.007.png) \\= the sum of the lengths of filled compartments;\n\n![](image.008.png) \\= the sum of the lengths of partly filled compartments;\n\nB \\= moulded breadth of the ship; and\n\nVd \\= average void depth for filled compartments.\n\n### 2 Voyages between ports in St Vincent's Gulf[\\[15\\]](#_ftn15) or within the geographic limits of Port Philip\n\n2.1 All grain surfaces in partly filled compartments must be trimmed reasonably level.\n\n2.2 A ship's metacentric height, corrected for the effects of free surface liquids (GfM), must not be less than 0.3 metres during a voyage.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":12},{"sectionNumber":"1","sectionType":"part","heading":"Voyages between ports in Spencer Gulf[13]","content":"## 1 Voyages between ports in Spencer Gulf[\\[13\\]](#_ftn13)\n\n1.1 Metacentric height\n\n1.1.1 The ship's metacentric height (GM) corrected for the effects of free surface of fluids must not be less than a value equal to:[\\[14\\]](#_ftn14)\n\n![](image.002.png)\n\nwhere:\n\nH \\= the total volumetric heeling moment for the proposed loading in accordance with 1.2 of this Appendix;\n\nSF \\= the stowage factor of the grain;\n\n \\= the ship's displacement as proposed for the loading; and\n\nR \\= the lesser of 0.325 or the value given by twice the freeboard on passage divided by the moulded breadth.\n\n1.1.2 In no case may the ship's metacentric height as corrected for the effects of the free surface of liquids be less than 0.3 metres.","sortOrder":13},{"sectionNumber":"1.2","sectionType":"division","heading":"Calculation of heeling moment","content":"### 1.2 Calculation of heeling moment\n\n1.2.1 If the ship is provided with a document of authorization:\n\nH \\= total volumetric heeling moment,\n\nwhere the heeling moments are taken from the ship's grain loading information corrected, where appropriate, for vertical shift.\n\n1.2.2 If a ship has no document of authorization, but has holds constructed with 2 or more vertical or 2 or more sloping grain-tight longitudinal divisions having an inclination of more than 30 degrees to the horizontal so disposed as to limit the effect of transverse shift of grain:\n\n![](image.003.png)\n\nwhere:\n\nA \\= 1.26 when the centre of gravity of the cargo is taken to be volumetric centre of the compartment loaded, or 1.34 when the actual centre of gravity of the cargo is used;\n\n![](image.004.png) = the sum of the heeling moments of filled compartments taken from the ship's grain loading information; and\n\n![](image.005.png) = the sum of the heeling moments for partly filled compartments taken from the ship's grain loading information.\n\n1.2.3 If a ship is not provided with a document of authorization and is not a ship referred to in 1.2.2 of this Appendix:\n\n![](image.006.png)\n\nwhere:\n\n![](image.007.png) \\= the sum of the lengths of filled compartments;\n\n![](image.008.png) \\= the sum of the lengths of partly filled compartments;\n\nB \\= moulded breadth of the ship; and\n\nVd \\= average void depth for filled compartments.","sortOrder":14},{"sectionNumber":"2","sectionType":"division","heading":"Voyages between ports in St Vincent's Gulf[15] or within the geographic limits of Port Philip","content":"### 2 Voyages between ports in St Vincent's Gulf[\\[15\\]](#_ftn15) or within the geographic limits of Port Philip\n\n2.1 All grain surfaces in partly filled compartments must be trimmed reasonably level.\n\n2.2 A ship's metacentric height, corrected for the effects of free surface liquids (GfM), must not be less than 0.3 metres during a voyage.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":15}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1992},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original focus on the safe loading, stowing and carriage of grain in bulk. Specific provisions for sheltered water exemptions (Spencer Gulf, St Vincent's Gulf, Port Phillip) and partial discharge notifications are operational details within the core scope of maritime cargo safety."},"complexity_factors":["Extensive cross-referencing to external international instruments (SOLAS Convention and International Grain Code) which are not reproduced in the text","Technical stability calculations and mathematical formulas in the Appendix requiring engineering knowledge","19 distinct data elements required in pre-loading notifications under section 9.1.1","Multiple conditional exemption pathways including sheltered water voyages, Manager discretion, and equivalents","Integration of penal provisions with procedural notification requirements"],"plain_english_summary":"This Marine Order implements SOLAS and the International Grain Code to set safety rules for loading, stowing and carrying grain in bulk. It applies to Australian‑registered ships worldwide and foreign ships in Australian waters, and requires documentary proof of stability, advance loading notices, stability checks, and compliance with inspection and fumigation standards.\n\nLimited local exceptions and case-by-case exemptions are available, while failure to comply can attract criminal penalties and administrative review."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Part implements SOLAS Part C for carriage of grain and limits application to bulk grain on Australian-registered ships and foreign ships within Australia’s territorial sea (s 1.1; s 4.1). It expressly excludes bagged or containerised grain (s 4.2). While it creates administrative flexibility through exemptions and equivalents (s 5.1–5.2), that flexibility must not contravene SOLAS (s 5.3), so the statutory scope aligns with the international standard rather than expanding it."},"complexity_factors":["Direct incorporation and repeated cross-reference to SOLAS Part C and the International Grain Code (purpose and interpretation) (s 1.1; s 3.1; definition of Code) — requires conformity with an external, technical international regime.","Wide discretionary powers vested in the Manager, Ship Inspections to grant exemptions and accept equivalents (s 5.1–5.2), constrained only by the requirement not to contravene SOLAS (s 5.3) — creates administrative discretion and case-by-case assessment.","Penal provisions that prohibit loading without prior notice and prohibit sailing after partial discharge without notice (s 9.2.1; s 10.2) — introduces criminal/compliance risk for masters and operators.","Detailed, prescriptive notification and information requirements with set lead times (72 hours for loading (s 9.1.1); 24 hours for partial discharge (s 10.1.1)) — operational and logistical burden on masters, agents and ports.","Surveyor inspection regime and requirement to produce pre-loading stability calculations on request (s 7.1.3; s 7.1.4; s 9.1.2; s 10.1.2) — requires technical preparation and availability of naval architecture data at short notice.","Technical stability criteria and mathematical formulas in the Appendix (metacentric height, heeling moment calculations) — necessitates input from qualified stability experts and increases compliance cost for smaller operators.","Scope and jurisdictional delineation (applies to Australian ships and foreign ships in Australia’s territorial sea (s 4.1); excludes bagged or fully containerised grain (s 4.2)) — creates clear but multi-jurisdictional coverage.","Administrative appeal pathway (internal review to General Manager, then AAT review) with procedural requirements and time limits (s 6.1–6.2) — adds procedural complexity for affected persons.","Cross-references to other technical standards (IMO fumigation recommendations) and certification processes (document of authorization must comply with the Code) (s 7.2; s 8; definitions) — multiple regulatory touchpoints to coordinate.","Requirement to carry documentary evidence demonstrating compliance (s 7.1.2; definition of document of authorization) — documentation and certification burden for shipowners and operators."],"plain_english_summary":"Marine Orders Part 33 sets rules for loading, stowing and carrying bulk grain on ships in Australian waters. It requires compliance with SOLAS Part C and the International Grain Code, prescribes paperwork and pre-loading/partial-discharge notifications, permits AMSA survey inspections, and allows the Manager, Ship Inspections to grant exemptions or accept equivalents (subject to SOLAS). It affects ship masters, owners, agents and AMSA surveyors by creating notification, documentation, inspection and stability-calculation obligations."}},"importantCases":[],"_links":{"self":"/api/acts/marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4","history":"/api/acts/marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4/history","analysis":"/api/acts/marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4/analysis","conflicts":"/api/acts/marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4/conflicts","importantCases":"/api/acts/marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4/important-cases","documents":"/api/acts/marine-orders-part-33-cargo-and-cargo-handling-grain-issue-4/documents"}}