{"id":"F2006B00575","name":"Marine Orders - Part 41: Carriage of dangerous goods, Issue 6 (Order No. 4 of 2003)","slug":"marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40723,"registerId":"commonwealth-F2006B00575-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Table of Contents","sectionType":"part","heading":"Table of Contents","content":"# Table of Contents\n\n    1 Purpose of this Part\n    2 Definitions of words and phrases used in this Part\n    3 Interpretation\n    4 Application\n    5 Modification or exemptions\n    6 Review of decisions\n    7 Requirements for dangerous goods and their packing, stowing and carriage\n    8 Notice of intention to ship dangerous goods\n    9 Handling precautions\n    10 Information on incident response\n    11 Incidents at sea involving dangerous goods\n    Appendix  Interpretations, amplifications and requirements supplementary to the IMDG Code\n\nPrevious issues\n\n    Issue 1, Order No. 11 of 1983\n    Issue 2, Order No. 1 of 1984\n    Issue 3, Order No. 5 of 1987\n    Issue 4, Order No. 1 of 1996  \n    —Amended by Order No.15 of 1998\n    Issue 5, Order No. 14 of 2001","sortOrder":0},{"sectionNumber":"1","sectionType":"part","heading":"Purpose of this Part","content":"# 1 Purpose of this Part\n\n1.1 Section 191 of the Navigation Act 1912 provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2 Section 253A provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships.\n\n1.3 Section 255 provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships.\n\n1.4 Section 257 provides that the regulations may make provision for and in relation to the stowing and carriage in ships of cargo.\n\n1.5 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\n\n1.6 This Part of Marine Orders therefore gives effect to Parts A and D of Chapter VII of SOLAS[\\[1\\]](#_ftn1), and in particular to the IMDG Code,[\\[2\\]](#_ftn2) and prescribes matters for the purposes of those provisions of the Navigation Act 1912 referred to in 1.2 to 1.4.","sortOrder":1},{"sectionNumber":"2","sectionType":"part","heading":"Definitions of words and phrases used in this Part","content":"# 2 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\nChief Marine Surveyor means the person occupying the position of Manager, Ship Inspection, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection, for that purpose;\n\ncargo includes mails and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;\n\ncontainer has the same meaning as in Marine Orders, Part 44 (Safe Containers);\n\ndangerous goods means any goods to which the IMDG Code is expressed to apply, whether specifically listed in the IMDG Code or not;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nhandling, in relation to cargo, includes loading, unloading, stacking, stowing or restowing and any operation incidental to or arising out of any of those operations;\n\nIMDG Code means the version of the International Maritime Dangerous Goods Code adopted by IMO Resolution MSC.122(75), also referred to as the IMDG Code 2002 Edition, including errata and corrigenda that pertain to this edition of the IMDG Code;\n\nIMO means the International Maritime Organization;\n\nINF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships, adopted by IMO Resolution MSC.88(71), amended by Resolution MSC.118(74) and, with effect from 1 July 2004, by Resolution MSC.135(76)[\\[3\\]](#_ftn3);\n\nleakage and spillage includes leakage and spillage of dry contents, and emission of radiation at levels that are either directly or indirectly injurious to human health;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\noriginating shipper means any person, organisation or Government which prepares a consignment of dangerous goods to be shipped by a consolidator in a cargo transport unit;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[\\[4\\]](#_ftn4)\n\nperson in charge means the person in charge for the purposes of Marine Orders, Part 32 (Cargo Handling Equipment);\n\nshipper means any person, organisation or Government which prepares a consignment for transport and, in the case of dangerous goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act 1912;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912;\n\nsurveyor-in-charge means:\n\n     in the case of a port where a marine survey office of AMSA is situated, the surveyor in charge of that office; and\n     in the case of any other port, the surveyor in charge of the marine survey office of AMSA nearest to that port;\n\ntanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;\n\nunderdeck space means a hold or a covered space for the stowage of cargo and includes a space within a superstructure or deck erection but does not include an open deck space for vehicles;\n\nUN number (UN No.), in relation to an item of dangerous goods, means the number assigned to that item in the IMDG Code;\n\nvehicle means a road or rail vehicle carried on a ship.","sortOrder":2},{"sectionNumber":"3","sectionType":"part","heading":"Interpretation","content":"# 3 Interpretation\n\n3.1 A reference to ‘the Administration’ in Part A of Chapter VII of SOLAS is to be read as a reference to the Government of the country whose flag the ship flies and, in the case of a ship registered in Australia, to the Chief Marine Surveyor.\n\n3.2 Unless otherwise specified in this Part, a reference to ‘competent authority’ in the IMDG Code is, in relation to a shipment of dangerous goods from Australia, to be read as a reference to the Chief Marine Surveyor.\n\n3.3 A reference in this Part to a class of dangerous goods is a reference to a class as defined in Part 2 of the IMDG Code.\n\n3.4 Words and phrases defined in the IMDG Code have the same meaning in this Part, unless otherwise defined in this Part.\n\n3.5 In this Part:\n\n     headings and sub-headings are part of the Part;\n     the Appendix is part of the Part;\n     a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.","sortOrder":3},{"sectionNumber":"4","sectionType":"part","heading":"Application","content":"# 4 Application\n\nUnless otherwise provided, this Part applies to and in relation to the carriage of dangerous goods 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\nHowever, it does not apply to:\n\n    (c) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the ship or required for the intended operations of the ship; or\n    (d) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.","sortOrder":4},{"sectionNumber":"5","sectionType":"part","heading":"Modifications or exemptions[5]","content":"# 1 Purpose of this Part\n\n1.1 Section 191 of the Navigation Act 1912 provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2 Section 253A provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships.\n\n1.3 Section 255 provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships.\n\n1.4 Section 257 provides that the regulations may make provision for and in relation to the stowing and carriage in ships of cargo.\n\n1.5 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\n\n1.6 This Part of Marine Orders therefore gives effect to Parts A and D of Chapter VII of SOLAS[\\[1\\]](#_ftn1), and in particular to the IMDG Code,[\\[2\\]](#_ftn2) and prescribes matters for the purposes of those provisions of the Navigation Act 1912 referred to in 1.2 to 1.4.\n\n# 2 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\nChief Marine Surveyor means the person occupying the position of Manager, Ship Inspection, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection, for that purpose;\n\ncargo includes mails and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;\n\ncontainer has the same meaning as in Marine Orders, Part 44 (Safe Containers);\n\ndangerous goods means any goods to which the IMDG Code is expressed to apply, whether specifically listed in the IMDG Code or not;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nhandling, in relation to cargo, includes loading, unloading, stacking, stowing or restowing and any operation incidental to or arising out of any of those operations;\n\nIMDG Code means the version of the International Maritime Dangerous Goods Code adopted by IMO Resolution MSC.122(75), also referred to as the IMDG Code 2002 Edition, including errata and corrigenda that pertain to this edition of the IMDG Code;\n\nIMO means the International Maritime Organization;\n\nINF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships, adopted by IMO Resolution MSC.88(71), amended by Resolution MSC.118(74) and, with effect from 1 July 2004, by Resolution MSC.135(76)[\\[3\\]](#_ftn3);\n\nleakage and spillage includes leakage and spillage of dry contents, and emission of radiation at levels that are either directly or indirectly injurious to human health;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\noriginating shipper means any person, organisation or Government which prepares a consignment of dangerous goods to be shipped by a consolidator in a cargo transport unit;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[\\[4\\]](#_ftn4)\n\nperson in charge means the person in charge for the purposes of Marine Orders, Part 32 (Cargo Handling Equipment);\n\nshipper means any person, organisation or Government which prepares a consignment for transport and, in the case of dangerous goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act 1912;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912;\n\nsurveyor-in-charge means:\n\n     in the case of a port where a marine survey office of AMSA is situated, the surveyor in charge of that office; and\n     in the case of any other port, the surveyor in charge of the marine survey office of AMSA nearest to that port;\n\ntanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;\n\nunderdeck space means a hold or a covered space for the stowage of cargo and includes a space within a superstructure or deck erection but does not include an open deck space for vehicles;\n\nUN number (UN No.), in relation to an item of dangerous goods, means the number assigned to that item in the IMDG Code;\n\nvehicle means a road or rail vehicle carried on a ship.\n\n# 3 Interpretation\n\n3.1 A reference to ‘the Administration’ in Part A of Chapter VII of SOLAS is to be read as a reference to the Government of the country whose flag the ship flies and, in the case of a ship registered in Australia, to the Chief Marine Surveyor.\n\n3.2 Unless otherwise specified in this Part, a reference to ‘competent authority’ in the IMDG Code is, in relation to a shipment of dangerous goods from Australia, to be read as a reference to the Chief Marine Surveyor.\n\n3.3 A reference in this Part to a class of dangerous goods is a reference to a class as defined in Part 2 of the IMDG Code.\n\n3.4 Words and phrases defined in the IMDG Code have the same meaning in this Part, unless otherwise defined in this Part.\n\n3.5 In this Part:\n\n     headings and sub-headings are part of the Part;\n     the Appendix is part of the Part;\n     a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\nUnless otherwise provided, this Part applies to and in relation to the carriage of dangerous goods 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\nHowever, it does not apply to:\n\n    (c) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the ship or required for the intended operations of the ship; or\n    (d) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.\n\n# 5 Modifications or exemptions[\\[5\\]](#_ftn5)\n\n### 5.1 Modification\n\nThe Chief Marine Surveyor, being satisfied in any particular case that a requirement of this Part may be modified or varied without danger to person or property, may allow such modification to apply in that case either unconditionally or subject to such conditions as that officer considers appropriate.\n\n### 5.2 Exemption\n\nThe Chief Marine Surveyor, being satisfied that the application of a requirement of this Part would in the circumstances be unreasonable, may exempt the shipper or the master, owner or agent of the ship or ship included in a class of ships from compliance with that requirement to the extent specified, subject to any conditions specified.\n\n### 5.3 Modifications and exemptions not to contravene SOLAS\n\nThe Chief Marine Surveyor must not allow a modification under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n### 6.1 Internal review\n\n6.1.1 If the Chief Marine Surveyor 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 Chief Marine Surveyor; or\n    (b) make any decision that could be made by the Chief Marine Surveyor in accordance with this Part.\n\n### 6.2 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 for dangerous goods and their packing, stowing and carriage[\\[6\\]](#_ftn6)\n\nFor the purposes of sub-section 253A(2) of the Navigation Act 1912,[\\[7\\]](#_ftn7) the requirements with which dangerous goods and the packing, stowing and carriage of such goods must comply, are:\n\n(a) the provisions of Parts A and D of Chapter VII of SOLAS;\n\n(b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n\n(c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n\n(d) for goods to which the INF Code applies, that Code.[\\[8\\]](#_ftn8)\n\n# 8 Notice of intention to ship dangerous goods\n\n### 8.1 How notification is to be made\n\n8.1.1 Section 255 of the Navigation Act 1912 requires that, before any dangerous goods are shipped in any ship, the shipper thereof must give notice of intention to ship the goods in the manner and to the person prescribed. [\\[9\\]](#_ftn9)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form[\\[10\\]](#_ftn10), and the person or persons to whom that form must be provided is as follows:\n\n    (a) if the dangerous goods are to be consolidated into a container or vehicle:\n      (i) the originating shipper must provide one copy of the Multimodal Dangerous Goods Form to the consolidator and one copy to the master; and\n      (ii) the consolidator must provide a Multimodal Dangerous Goods Form covering the container or vehicle to the master;[\\[11\\]](#_ftn11)\n    (b) in any other case—the shipper must provide the Multimodal Dangerous Goods Form to the master; and\n    (c) whenever requested to do so by the surveyor-in-charge, the shipper must provide a copy of the Multimodal Dangerous Goods Form to the surveyor-in-charge.\n\n8.1.3 A Multimodal Dangerous Goods Form required to be sent to the master of a ship should be sent as soon as practical after arrival of the ship at the port of shipment, and in any case before the goods are placed on board the ship.\n\n8.1.4 The master[\\[12\\]](#_ftn12) must provide to the surveyor-in-charge a special list or manifest[\\[13\\]](#_ftn13) relating to the goods being placed on board the ship in accordance with 8.1.5.\n\nThis is a penal provision.\n\n8.1.5 The special list or manifest referred to in 8.1.4 should be sent as soon as practical, but in any case before the goods are placed on board the ship. If it is not practical for all the information required to be sent within 24 hours before the goods are to be loaded, the master must provide the following information at least 24 hours before the goods are to be loaded:\n\n    (a) ship name;\n    (b) IMO number;\n    (c) port of loading;\n    (d) date of loading and departure;\n    (e) classes of goods being loaded.\n\n8.1.6 The master must inform the surveyor-in-charge in writing of any subsequent changes to the special list or manifest before the goods are placed on board the ship.\n\nThis is a penal provision.\n\n8.1.7 If dangerous goods are being transhipped, it is sufficient for the person organising the transhipment to provide the master with a copy of the dangerous goods transport documentation[\\[14\\]](#_ftn14) covering the previous part of the voyage, accompanied by a Multimodal Dangerous Goods Form containing ship and voyage information for the intended voyage and endorsed to the effect that the goods have been transhipped.\n\n# 9 Handling precautions[\\[15\\]](#_ftn15)\n\n### 9.1 Responsibility of master\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the master must ensure a safe system of work for crew members and other persons on board the ship. In particular, the master must ensure that:\n\n    (a) adequate warning of the risks are given to crew members and other persons on board the ship and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring on board the ship are reported as soon as possible to the surveyor-in-charge;[\\[16\\]](#_ftn16)\n    (c) no bunkering is carried out at any time during the handling of dangerous goods of Class 1 (other than Class 1.4S); and\n    (d) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.[\\[17\\]](#_ftn17)\n\nThis is a penal provision.\n\n### 9.2 Responsibility of person in charge\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the person in charge must ensure a safe system of work for persons engaged in loading or unloading of cargo. In particular, the person in charge must ensure that:\n\n    (a) adequate warning of the risks are given to persons engaged in loading or unloading of cargo and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring during loading or unloading onto a ship, or prior to loading onto a ship, is reported as soon as possible to the surveyor-in-charge;[\\[18\\]](#_ftn18)\n    (c) dangerous goods showing evidence of damaged packagings are not handled without permission of the surveyor-in-charge;\n    (d) goods that are, or might be, dangerous goods that are leaking or spilling are not handled without permission of the surveyor-in-charge; and\n    (e) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.\n\nThis is a penal provision.\n\n### 9.3 Responsibility of individuals\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, each person on board a ship, or engaged in loading or unloading of cargo, must:\n\n    (a) act upon any warnings or advice given to him or her by the master or person in charge;\n    (b) refrain from smoking, except in such part of the ship as the master designates for such purpose;\n    (c) not use or permit another person to use a spark or flame, except in such part of the ship as the master designates for such purpose; and\n    (d) not engage in, or permit another person to engage in, metal welding or cutting, on a ship while dangerous goods are on board, except in such part of the ship as the master designates for such purpose.[\\[19\\]](#_ftn19)\n\nThis is a penal provision.\n\n10 Information on incident response\n\n10.1 The operator of a ship on which it is intended that dangerous goods be carried must issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form, complying with Regulation VII/2.4 of SOLAS.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10.2 The master of a ship on which dangerous goods are to be carried must ensure that the detailed instructions on emergency response and medical first aid issued by the ship’s operator are readily available on board the ship.\n\nThis is a penal provision.\n\n11 Incidents at sea involving dangerous goods\n\n11.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form into the sea, the master or other person having charge of the ship must report the particulars of such incident without delay and to the fullest extent possible to the nearest coastal State.\n\nThis is a penal provision.\n\n11.2 In the event of a ship referred to in 11.1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner or operator of the ship, or agent thereof, must make or complete the report.\n\nThis is a penal provision.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":5},{"sectionNumber":"5.1","sectionType":"division","heading":"Modification","content":"### 5.1 Modification\n\nThe Chief Marine Surveyor, being satisfied in any particular case that a requirement of this Part may be modified or varied without danger to person or property, may allow such modification to apply in that case either unconditionally or subject to such conditions as that officer considers appropriate.","sortOrder":6},{"sectionNumber":"5.2","sectionType":"division","heading":"Exemption","content":"### 5.2 Exemption\n\nThe Chief Marine Surveyor, being satisfied that the application of a requirement of this Part would in the circumstances be unreasonable, may exempt the shipper or the master, owner or agent of the ship or ship included in a class of ships from compliance with that requirement to the extent specified, subject to any conditions specified.","sortOrder":7},{"sectionNumber":"5.3","sectionType":"division","heading":"Modifications and exemptions not to contravene SOLAS","content":"### 5.3 Modifications and exemptions not to contravene SOLAS\n\nThe Chief Marine Surveyor must not allow a modification under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.","sortOrder":8},{"sectionNumber":"6","sectionType":"part","heading":"Review of decisions","content":"# 1 Purpose of this Part\n\n1.1 Section 191 of the Navigation Act 1912 provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2 Section 253A provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships.\n\n1.3 Section 255 provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships.\n\n1.4 Section 257 provides that the regulations may make provision for and in relation to the stowing and carriage in ships of cargo.\n\n1.5 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\n\n1.6 This Part of Marine Orders therefore gives effect to Parts A and D of Chapter VII of SOLAS[\\[1\\]](#_ftn1), and in particular to the IMDG Code,[\\[2\\]](#_ftn2) and prescribes matters for the purposes of those provisions of the Navigation Act 1912 referred to in 1.2 to 1.4.\n\n# 2 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\nChief Marine Surveyor means the person occupying the position of Manager, Ship Inspection, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection, for that purpose;\n\ncargo includes mails and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;\n\ncontainer has the same meaning as in Marine Orders, Part 44 (Safe Containers);\n\ndangerous goods means any goods to which the IMDG Code is expressed to apply, whether specifically listed in the IMDG Code or not;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nhandling, in relation to cargo, includes loading, unloading, stacking, stowing or restowing and any operation incidental to or arising out of any of those operations;\n\nIMDG Code means the version of the International Maritime Dangerous Goods Code adopted by IMO Resolution MSC.122(75), also referred to as the IMDG Code 2002 Edition, including errata and corrigenda that pertain to this edition of the IMDG Code;\n\nIMO means the International Maritime Organization;\n\nINF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships, adopted by IMO Resolution MSC.88(71), amended by Resolution MSC.118(74) and, with effect from 1 July 2004, by Resolution MSC.135(76)[\\[3\\]](#_ftn3);\n\nleakage and spillage includes leakage and spillage of dry contents, and emission of radiation at levels that are either directly or indirectly injurious to human health;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\noriginating shipper means any person, organisation or Government which prepares a consignment of dangerous goods to be shipped by a consolidator in a cargo transport unit;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[\\[4\\]](#_ftn4)\n\nperson in charge means the person in charge for the purposes of Marine Orders, Part 32 (Cargo Handling Equipment);\n\nshipper means any person, organisation or Government which prepares a consignment for transport and, in the case of dangerous goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act 1912;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912;\n\nsurveyor-in-charge means:\n\n     in the case of a port where a marine survey office of AMSA is situated, the surveyor in charge of that office; and\n     in the case of any other port, the surveyor in charge of the marine survey office of AMSA nearest to that port;\n\ntanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;\n\nunderdeck space means a hold or a covered space for the stowage of cargo and includes a space within a superstructure or deck erection but does not include an open deck space for vehicles;\n\nUN number (UN No.), in relation to an item of dangerous goods, means the number assigned to that item in the IMDG Code;\n\nvehicle means a road or rail vehicle carried on a ship.\n\n# 3 Interpretation\n\n3.1 A reference to ‘the Administration’ in Part A of Chapter VII of SOLAS is to be read as a reference to the Government of the country whose flag the ship flies and, in the case of a ship registered in Australia, to the Chief Marine Surveyor.\n\n3.2 Unless otherwise specified in this Part, a reference to ‘competent authority’ in the IMDG Code is, in relation to a shipment of dangerous goods from Australia, to be read as a reference to the Chief Marine Surveyor.\n\n3.3 A reference in this Part to a class of dangerous goods is a reference to a class as defined in Part 2 of the IMDG Code.\n\n3.4 Words and phrases defined in the IMDG Code have the same meaning in this Part, unless otherwise defined in this Part.\n\n3.5 In this Part:\n\n     headings and sub-headings are part of the Part;\n     the Appendix is part of the Part;\n     a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\nUnless otherwise provided, this Part applies to and in relation to the carriage of dangerous goods 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\nHowever, it does not apply to:\n\n    (c) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the ship or required for the intended operations of the ship; or\n    (d) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.\n\n# 5 Modifications or exemptions[\\[5\\]](#_ftn5)\n\n### 5.1 Modification\n\nThe Chief Marine Surveyor, being satisfied in any particular case that a requirement of this Part may be modified or varied without danger to person or property, may allow such modification to apply in that case either unconditionally or subject to such conditions as that officer considers appropriate.\n\n### 5.2 Exemption\n\nThe Chief Marine Surveyor, being satisfied that the application of a requirement of this Part would in the circumstances be unreasonable, may exempt the shipper or the master, owner or agent of the ship or ship included in a class of ships from compliance with that requirement to the extent specified, subject to any conditions specified.\n\n### 5.3 Modifications and exemptions not to contravene SOLAS\n\nThe Chief Marine Surveyor must not allow a modification under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n### 6.1 Internal review\n\n6.1.1 If the Chief Marine Surveyor 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 Chief Marine Surveyor; or\n    (b) make any decision that could be made by the Chief Marine Surveyor in accordance with this Part.\n\n### 6.2 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 for dangerous goods and their packing, stowing and carriage[\\[6\\]](#_ftn6)\n\nFor the purposes of sub-section 253A(2) of the Navigation Act 1912,[\\[7\\]](#_ftn7) the requirements with which dangerous goods and the packing, stowing and carriage of such goods must comply, are:\n\n(a) the provisions of Parts A and D of Chapter VII of SOLAS;\n\n(b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n\n(c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n\n(d) for goods to which the INF Code applies, that Code.[\\[8\\]](#_ftn8)\n\n# 8 Notice of intention to ship dangerous goods\n\n### 8.1 How notification is to be made\n\n8.1.1 Section 255 of the Navigation Act 1912 requires that, before any dangerous goods are shipped in any ship, the shipper thereof must give notice of intention to ship the goods in the manner and to the person prescribed. [\\[9\\]](#_ftn9)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form[\\[10\\]](#_ftn10), and the person or persons to whom that form must be provided is as follows:\n\n    (a) if the dangerous goods are to be consolidated into a container or vehicle:\n      (i) the originating shipper must provide one copy of the Multimodal Dangerous Goods Form to the consolidator and one copy to the master; and\n      (ii) the consolidator must provide a Multimodal Dangerous Goods Form covering the container or vehicle to the master;[\\[11\\]](#_ftn11)\n    (b) in any other case—the shipper must provide the Multimodal Dangerous Goods Form to the master; and\n    (c) whenever requested to do so by the surveyor-in-charge, the shipper must provide a copy of the Multimodal Dangerous Goods Form to the surveyor-in-charge.\n\n8.1.3 A Multimodal Dangerous Goods Form required to be sent to the master of a ship should be sent as soon as practical after arrival of the ship at the port of shipment, and in any case before the goods are placed on board the ship.\n\n8.1.4 The master[\\[12\\]](#_ftn12) must provide to the surveyor-in-charge a special list or manifest[\\[13\\]](#_ftn13) relating to the goods being placed on board the ship in accordance with 8.1.5.\n\nThis is a penal provision.\n\n8.1.5 The special list or manifest referred to in 8.1.4 should be sent as soon as practical, but in any case before the goods are placed on board the ship. If it is not practical for all the information required to be sent within 24 hours before the goods are to be loaded, the master must provide the following information at least 24 hours before the goods are to be loaded:\n\n    (a) ship name;\n    (b) IMO number;\n    (c) port of loading;\n    (d) date of loading and departure;\n    (e) classes of goods being loaded.\n\n8.1.6 The master must inform the surveyor-in-charge in writing of any subsequent changes to the special list or manifest before the goods are placed on board the ship.\n\nThis is a penal provision.\n\n8.1.7 If dangerous goods are being transhipped, it is sufficient for the person organising the transhipment to provide the master with a copy of the dangerous goods transport documentation[\\[14\\]](#_ftn14) covering the previous part of the voyage, accompanied by a Multimodal Dangerous Goods Form containing ship and voyage information for the intended voyage and endorsed to the effect that the goods have been transhipped.\n\n# 9 Handling precautions[\\[15\\]](#_ftn15)\n\n### 9.1 Responsibility of master\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the master must ensure a safe system of work for crew members and other persons on board the ship. In particular, the master must ensure that:\n\n    (a) adequate warning of the risks are given to crew members and other persons on board the ship and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring on board the ship are reported as soon as possible to the surveyor-in-charge;[\\[16\\]](#_ftn16)\n    (c) no bunkering is carried out at any time during the handling of dangerous goods of Class 1 (other than Class 1.4S); and\n    (d) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.[\\[17\\]](#_ftn17)\n\nThis is a penal provision.\n\n### 9.2 Responsibility of person in charge\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the person in charge must ensure a safe system of work for persons engaged in loading or unloading of cargo. In particular, the person in charge must ensure that:\n\n    (a) adequate warning of the risks are given to persons engaged in loading or unloading of cargo and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring during loading or unloading onto a ship, or prior to loading onto a ship, is reported as soon as possible to the surveyor-in-charge;[\\[18\\]](#_ftn18)\n    (c) dangerous goods showing evidence of damaged packagings are not handled without permission of the surveyor-in-charge;\n    (d) goods that are, or might be, dangerous goods that are leaking or spilling are not handled without permission of the surveyor-in-charge; and\n    (e) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.\n\nThis is a penal provision.\n\n### 9.3 Responsibility of individuals\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, each person on board a ship, or engaged in loading or unloading of cargo, must:\n\n    (a) act upon any warnings or advice given to him or her by the master or person in charge;\n    (b) refrain from smoking, except in such part of the ship as the master designates for such purpose;\n    (c) not use or permit another person to use a spark or flame, except in such part of the ship as the master designates for such purpose; and\n    (d) not engage in, or permit another person to engage in, metal welding or cutting, on a ship while dangerous goods are on board, except in such part of the ship as the master designates for such purpose.[\\[19\\]](#_ftn19)\n\nThis is a penal provision.\n\n10 Information on incident response\n\n10.1 The operator of a ship on which it is intended that dangerous goods be carried must issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form, complying with Regulation VII/2.4 of SOLAS.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10.2 The master of a ship on which dangerous goods are to be carried must ensure that the detailed instructions on emergency response and medical first aid issued by the ship’s operator are readily available on board the ship.\n\nThis is a penal provision.\n\n11 Incidents at sea involving dangerous goods\n\n11.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form into the sea, the master or other person having charge of the ship must report the particulars of such incident without delay and to the fullest extent possible to the nearest coastal State.\n\nThis is a penal provision.\n\n11.2 In the event of a ship referred to in 11.1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner or operator of the ship, or agent thereof, must make or complete the report.\n\nThis is a penal provision.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":9},{"sectionNumber":"6.1","sectionType":"division","heading":"Internal review","content":"### 6.1 Internal review\n\n6.1.1 If the Chief Marine Surveyor 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 Chief Marine Surveyor; or\n    (b) make any decision that could be made by the Chief Marine Surveyor in accordance with this Part.","sortOrder":10},{"sectionNumber":"6.2","sectionType":"division","heading":"Review by the AAT","content":"### 6.2 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":11},{"sectionNumber":"7","sectionType":"part","heading":"Requirements for dangerous goods and their packing, stowing and carriage[6]","content":"# 7 Requirements for dangerous goods and their packing, stowing and carriage[\\[6\\]](#_ftn6)\n\nFor the purposes of sub-section 253A(2) of the Navigation Act 1912,[\\[7\\]](#_ftn7) the requirements with which dangerous goods and the packing, stowing and carriage of such goods must comply, are:\n\n(a) the provisions of Parts A and D of Chapter VII of SOLAS;\n\n(b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n\n(c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n\n(d) for goods to which the INF Code applies, that Code.[\\[8\\]](#_ftn8)","sortOrder":12},{"sectionNumber":"8","sectionType":"part","heading":"Notice of intention to ship dangerous goods","content":"# 1 Purpose of this Part\n\n1.1 Section 191 of the Navigation Act 1912 provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2 Section 253A provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships.\n\n1.3 Section 255 provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships.\n\n1.4 Section 257 provides that the regulations may make provision for and in relation to the stowing and carriage in ships of cargo.\n\n1.5 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\n\n1.6 This Part of Marine Orders therefore gives effect to Parts A and D of Chapter VII of SOLAS[\\[1\\]](#_ftn1), and in particular to the IMDG Code,[\\[2\\]](#_ftn2) and prescribes matters for the purposes of those provisions of the Navigation Act 1912 referred to in 1.2 to 1.4.\n\n# 2 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\nChief Marine Surveyor means the person occupying the position of Manager, Ship Inspection, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection, for that purpose;\n\ncargo includes mails and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;\n\ncontainer has the same meaning as in Marine Orders, Part 44 (Safe Containers);\n\ndangerous goods means any goods to which the IMDG Code is expressed to apply, whether specifically listed in the IMDG Code or not;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nhandling, in relation to cargo, includes loading, unloading, stacking, stowing or restowing and any operation incidental to or arising out of any of those operations;\n\nIMDG Code means the version of the International Maritime Dangerous Goods Code adopted by IMO Resolution MSC.122(75), also referred to as the IMDG Code 2002 Edition, including errata and corrigenda that pertain to this edition of the IMDG Code;\n\nIMO means the International Maritime Organization;\n\nINF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships, adopted by IMO Resolution MSC.88(71), amended by Resolution MSC.118(74) and, with effect from 1 July 2004, by Resolution MSC.135(76)[\\[3\\]](#_ftn3);\n\nleakage and spillage includes leakage and spillage of dry contents, and emission of radiation at levels that are either directly or indirectly injurious to human health;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\noriginating shipper means any person, organisation or Government which prepares a consignment of dangerous goods to be shipped by a consolidator in a cargo transport unit;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[\\[4\\]](#_ftn4)\n\nperson in charge means the person in charge for the purposes of Marine Orders, Part 32 (Cargo Handling Equipment);\n\nshipper means any person, organisation or Government which prepares a consignment for transport and, in the case of dangerous goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act 1912;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912;\n\nsurveyor-in-charge means:\n\n     in the case of a port where a marine survey office of AMSA is situated, the surveyor in charge of that office; and\n     in the case of any other port, the surveyor in charge of the marine survey office of AMSA nearest to that port;\n\ntanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;\n\nunderdeck space means a hold or a covered space for the stowage of cargo and includes a space within a superstructure or deck erection but does not include an open deck space for vehicles;\n\nUN number (UN No.), in relation to an item of dangerous goods, means the number assigned to that item in the IMDG Code;\n\nvehicle means a road or rail vehicle carried on a ship.\n\n# 3 Interpretation\n\n3.1 A reference to ‘the Administration’ in Part A of Chapter VII of SOLAS is to be read as a reference to the Government of the country whose flag the ship flies and, in the case of a ship registered in Australia, to the Chief Marine Surveyor.\n\n3.2 Unless otherwise specified in this Part, a reference to ‘competent authority’ in the IMDG Code is, in relation to a shipment of dangerous goods from Australia, to be read as a reference to the Chief Marine Surveyor.\n\n3.3 A reference in this Part to a class of dangerous goods is a reference to a class as defined in Part 2 of the IMDG Code.\n\n3.4 Words and phrases defined in the IMDG Code have the same meaning in this Part, unless otherwise defined in this Part.\n\n3.5 In this Part:\n\n     headings and sub-headings are part of the Part;\n     the Appendix is part of the Part;\n     a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\nUnless otherwise provided, this Part applies to and in relation to the carriage of dangerous goods 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\nHowever, it does not apply to:\n\n    (c) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the ship or required for the intended operations of the ship; or\n    (d) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.\n\n# 5 Modifications or exemptions[\\[5\\]](#_ftn5)\n\n### 5.1 Modification\n\nThe Chief Marine Surveyor, being satisfied in any particular case that a requirement of this Part may be modified or varied without danger to person or property, may allow such modification to apply in that case either unconditionally or subject to such conditions as that officer considers appropriate.\n\n### 5.2 Exemption\n\nThe Chief Marine Surveyor, being satisfied that the application of a requirement of this Part would in the circumstances be unreasonable, may exempt the shipper or the master, owner or agent of the ship or ship included in a class of ships from compliance with that requirement to the extent specified, subject to any conditions specified.\n\n### 5.3 Modifications and exemptions not to contravene SOLAS\n\nThe Chief Marine Surveyor must not allow a modification under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n### 6.1 Internal review\n\n6.1.1 If the Chief Marine Surveyor 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 Chief Marine Surveyor; or\n    (b) make any decision that could be made by the Chief Marine Surveyor in accordance with this Part.\n\n### 6.2 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 for dangerous goods and their packing, stowing and carriage[\\[6\\]](#_ftn6)\n\nFor the purposes of sub-section 253A(2) of the Navigation Act 1912,[\\[7\\]](#_ftn7) the requirements with which dangerous goods and the packing, stowing and carriage of such goods must comply, are:\n\n(a) the provisions of Parts A and D of Chapter VII of SOLAS;\n\n(b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n\n(c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n\n(d) for goods to which the INF Code applies, that Code.[\\[8\\]](#_ftn8)\n\n# 8 Notice of intention to ship dangerous goods\n\n### 8.1 How notification is to be made\n\n8.1.1 Section 255 of the Navigation Act 1912 requires that, before any dangerous goods are shipped in any ship, the shipper thereof must give notice of intention to ship the goods in the manner and to the person prescribed. [\\[9\\]](#_ftn9)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form[\\[10\\]](#_ftn10), and the person or persons to whom that form must be provided is as follows:\n\n    (a) if the dangerous goods are to be consolidated into a container or vehicle:\n      (i) the originating shipper must provide one copy of the Multimodal Dangerous Goods Form to the consolidator and one copy to the master; and\n      (ii) the consolidator must provide a Multimodal Dangerous Goods Form covering the container or vehicle to the master;[\\[11\\]](#_ftn11)\n    (b) in any other case—the shipper must provide the Multimodal Dangerous Goods Form to the master; and\n    (c) whenever requested to do so by the surveyor-in-charge, the shipper must provide a copy of the Multimodal Dangerous Goods Form to the surveyor-in-charge.\n\n8.1.3 A Multimodal Dangerous Goods Form required to be sent to the master of a ship should be sent as soon as practical after arrival of the ship at the port of shipment, and in any case before the goods are placed on board the ship.\n\n8.1.4 The master[\\[12\\]](#_ftn12) must provide to the surveyor-in-charge a special list or manifest[\\[13\\]](#_ftn13) relating to the goods being placed on board the ship in accordance with 8.1.5.\n\nThis is a penal provision.\n\n8.1.5 The special list or manifest referred to in 8.1.4 should be sent as soon as practical, but in any case before the goods are placed on board the ship. If it is not practical for all the information required to be sent within 24 hours before the goods are to be loaded, the master must provide the following information at least 24 hours before the goods are to be loaded:\n\n    (a) ship name;\n    (b) IMO number;\n    (c) port of loading;\n    (d) date of loading and departure;\n    (e) classes of goods being loaded.\n\n8.1.6 The master must inform the surveyor-in-charge in writing of any subsequent changes to the special list or manifest before the goods are placed on board the ship.\n\nThis is a penal provision.\n\n8.1.7 If dangerous goods are being transhipped, it is sufficient for the person organising the transhipment to provide the master with a copy of the dangerous goods transport documentation[\\[14\\]](#_ftn14) covering the previous part of the voyage, accompanied by a Multimodal Dangerous Goods Form containing ship and voyage information for the intended voyage and endorsed to the effect that the goods have been transhipped.\n\n# 9 Handling precautions[\\[15\\]](#_ftn15)\n\n### 9.1 Responsibility of master\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the master must ensure a safe system of work for crew members and other persons on board the ship. In particular, the master must ensure that:\n\n    (a) adequate warning of the risks are given to crew members and other persons on board the ship and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring on board the ship are reported as soon as possible to the surveyor-in-charge;[\\[16\\]](#_ftn16)\n    (c) no bunkering is carried out at any time during the handling of dangerous goods of Class 1 (other than Class 1.4S); and\n    (d) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.[\\[17\\]](#_ftn17)\n\nThis is a penal provision.\n\n### 9.2 Responsibility of person in charge\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the person in charge must ensure a safe system of work for persons engaged in loading or unloading of cargo. In particular, the person in charge must ensure that:\n\n    (a) adequate warning of the risks are given to persons engaged in loading or unloading of cargo and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring during loading or unloading onto a ship, or prior to loading onto a ship, is reported as soon as possible to the surveyor-in-charge;[\\[18\\]](#_ftn18)\n    (c) dangerous goods showing evidence of damaged packagings are not handled without permission of the surveyor-in-charge;\n    (d) goods that are, or might be, dangerous goods that are leaking or spilling are not handled without permission of the surveyor-in-charge; and\n    (e) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.\n\nThis is a penal provision.\n\n### 9.3 Responsibility of individuals\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, each person on board a ship, or engaged in loading or unloading of cargo, must:\n\n    (a) act upon any warnings or advice given to him or her by the master or person in charge;\n    (b) refrain from smoking, except in such part of the ship as the master designates for such purpose;\n    (c) not use or permit another person to use a spark or flame, except in such part of the ship as the master designates for such purpose; and\n    (d) not engage in, or permit another person to engage in, metal welding or cutting, on a ship while dangerous goods are on board, except in such part of the ship as the master designates for such purpose.[\\[19\\]](#_ftn19)\n\nThis is a penal provision.\n\n10 Information on incident response\n\n10.1 The operator of a ship on which it is intended that dangerous goods be carried must issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form, complying with Regulation VII/2.4 of SOLAS.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10.2 The master of a ship on which dangerous goods are to be carried must ensure that the detailed instructions on emergency response and medical first aid issued by the ship’s operator are readily available on board the ship.\n\nThis is a penal provision.\n\n11 Incidents at sea involving dangerous goods\n\n11.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form into the sea, the master or other person having charge of the ship must report the particulars of such incident without delay and to the fullest extent possible to the nearest coastal State.\n\nThis is a penal provision.\n\n11.2 In the event of a ship referred to in 11.1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner or operator of the ship, or agent thereof, must make or complete the report.\n\nThis is a penal provision.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":13},{"sectionNumber":"8.1","sectionType":"division","heading":"How notification is to be made","content":"### 8.1 How notification is to be made\n\n8.1.1 Section 255 of the Navigation Act 1912 requires that, before any dangerous goods are shipped in any ship, the shipper thereof must give notice of intention to ship the goods in the manner and to the person prescribed. [\\[9\\]](#_ftn9)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form[\\[10\\]](#_ftn10), and the person or persons to whom that form must be provided is as follows:\n\n    (a) if the dangerous goods are to be consolidated into a container or vehicle:\n      (i) the originating shipper must provide one copy of the Multimodal Dangerous Goods Form to the consolidator and one copy to the master; and\n      (ii) the consolidator must provide a Multimodal Dangerous Goods Form covering the container or vehicle to the master;[\\[11\\]](#_ftn11)\n    (b) in any other case—the shipper must provide the Multimodal Dangerous Goods Form to the master; and\n    (c) whenever requested to do so by the surveyor-in-charge, the shipper must provide a copy of the Multimodal Dangerous Goods Form to the surveyor-in-charge.\n\n8.1.3 A Multimodal Dangerous Goods Form required to be sent to the master of a ship should be sent as soon as practical after arrival of the ship at the port of shipment, and in any case before the goods are placed on board the ship.\n\n8.1.4 The master[\\[12\\]](#_ftn12) must provide to the surveyor-in-charge a special list or manifest[\\[13\\]](#_ftn13) relating to the goods being placed on board the ship in accordance with 8.1.5.\n\nThis is a penal provision.\n\n8.1.5 The special list or manifest referred to in 8.1.4 should be sent as soon as practical, but in any case before the goods are placed on board the ship. If it is not practical for all the information required to be sent within 24 hours before the goods are to be loaded, the master must provide the following information at least 24 hours before the goods are to be loaded:\n\n    (a) ship name;\n    (b) IMO number;\n    (c) port of loading;\n    (d) date of loading and departure;\n    (e) classes of goods being loaded.\n\n8.1.6 The master must inform the surveyor-in-charge in writing of any subsequent changes to the special list or manifest before the goods are placed on board the ship.\n\nThis is a penal provision.\n\n8.1.7 If dangerous goods are being transhipped, it is sufficient for the person organising the transhipment to provide the master with a copy of the dangerous goods transport documentation[\\[14\\]](#_ftn14) covering the previous part of the voyage, accompanied by a Multimodal Dangerous Goods Form containing ship and voyage information for the intended voyage and endorsed to the effect that the goods have been transhipped.","sortOrder":14},{"sectionNumber":"9","sectionType":"part","heading":"Handling precautions[15]","content":"# 1 Purpose of this Part\n\n1.1 Section 191 of the Navigation Act 1912 provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2 Section 253A provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships.\n\n1.3 Section 255 provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships.\n\n1.4 Section 257 provides that the regulations may make provision for and in relation to the stowing and carriage in ships of cargo.\n\n1.5 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\n\n1.6 This Part of Marine Orders therefore gives effect to Parts A and D of Chapter VII of SOLAS[\\[1\\]](#_ftn1), and in particular to the IMDG Code,[\\[2\\]](#_ftn2) and prescribes matters for the purposes of those provisions of the Navigation Act 1912 referred to in 1.2 to 1.4.\n\n# 2 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\nChief Marine Surveyor means the person occupying the position of Manager, Ship Inspection, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection, for that purpose;\n\ncargo includes mails and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;\n\ncontainer has the same meaning as in Marine Orders, Part 44 (Safe Containers);\n\ndangerous goods means any goods to which the IMDG Code is expressed to apply, whether specifically listed in the IMDG Code or not;\n\nGeneral Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;\n\nhandling, in relation to cargo, includes loading, unloading, stacking, stowing or restowing and any operation incidental to or arising out of any of those operations;\n\nIMDG Code means the version of the International Maritime Dangerous Goods Code adopted by IMO Resolution MSC.122(75), also referred to as the IMDG Code 2002 Edition, including errata and corrigenda that pertain to this edition of the IMDG Code;\n\nIMO means the International Maritime Organization;\n\nINF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships, adopted by IMO Resolution MSC.88(71), amended by Resolution MSC.118(74) and, with effect from 1 July 2004, by Resolution MSC.135(76)[\\[3\\]](#_ftn3);\n\nleakage and spillage includes leakage and spillage of dry contents, and emission of radiation at levels that are either directly or indirectly injurious to human health;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\noriginating shipper means any person, organisation or Government which prepares a consignment of dangerous goods to be shipped by a consolidator in a cargo transport unit;\n\npenal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[\\[4\\]](#_ftn4)\n\nperson in charge means the person in charge for the purposes of Marine Orders, Part 32 (Cargo Handling Equipment);\n\nshipper means any person, organisation or Government which prepares a consignment for transport and, in the case of dangerous goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act 1912;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912;\n\nsurveyor-in-charge means:\n\n     in the case of a port where a marine survey office of AMSA is situated, the surveyor in charge of that office; and\n     in the case of any other port, the surveyor in charge of the marine survey office of AMSA nearest to that port;\n\ntanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;\n\nunderdeck space means a hold or a covered space for the stowage of cargo and includes a space within a superstructure or deck erection but does not include an open deck space for vehicles;\n\nUN number (UN No.), in relation to an item of dangerous goods, means the number assigned to that item in the IMDG Code;\n\nvehicle means a road or rail vehicle carried on a ship.\n\n# 3 Interpretation\n\n3.1 A reference to ‘the Administration’ in Part A of Chapter VII of SOLAS is to be read as a reference to the Government of the country whose flag the ship flies and, in the case of a ship registered in Australia, to the Chief Marine Surveyor.\n\n3.2 Unless otherwise specified in this Part, a reference to ‘competent authority’ in the IMDG Code is, in relation to a shipment of dangerous goods from Australia, to be read as a reference to the Chief Marine Surveyor.\n\n3.3 A reference in this Part to a class of dangerous goods is a reference to a class as defined in Part 2 of the IMDG Code.\n\n3.4 Words and phrases defined in the IMDG Code have the same meaning in this Part, unless otherwise defined in this Part.\n\n3.5 In this Part:\n\n     headings and sub-headings are part of the Part;\n     the Appendix is part of the Part;\n     a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\nUnless otherwise provided, this Part applies to and in relation to the carriage of dangerous goods 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\nHowever, it does not apply to:\n\n    (c) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the ship or required for the intended operations of the ship; or\n    (d) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.\n\n# 5 Modifications or exemptions[\\[5\\]](#_ftn5)\n\n### 5.1 Modification\n\nThe Chief Marine Surveyor, being satisfied in any particular case that a requirement of this Part may be modified or varied without danger to person or property, may allow such modification to apply in that case either unconditionally or subject to such conditions as that officer considers appropriate.\n\n### 5.2 Exemption\n\nThe Chief Marine Surveyor, being satisfied that the application of a requirement of this Part would in the circumstances be unreasonable, may exempt the shipper or the master, owner or agent of the ship or ship included in a class of ships from compliance with that requirement to the extent specified, subject to any conditions specified.\n\n### 5.3 Modifications and exemptions not to contravene SOLAS\n\nThe Chief Marine Surveyor must not allow a modification under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.\n\n# 6 Review of decisions\n\n### 6.1 Internal review\n\n6.1.1 If the Chief Marine Surveyor 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 Chief Marine Surveyor; or\n    (b) make any decision that could be made by the Chief Marine Surveyor in accordance with this Part.\n\n### 6.2 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 for dangerous goods and their packing, stowing and carriage[\\[6\\]](#_ftn6)\n\nFor the purposes of sub-section 253A(2) of the Navigation Act 1912,[\\[7\\]](#_ftn7) the requirements with which dangerous goods and the packing, stowing and carriage of such goods must comply, are:\n\n(a) the provisions of Parts A and D of Chapter VII of SOLAS;\n\n(b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n\n(c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n\n(d) for goods to which the INF Code applies, that Code.[\\[8\\]](#_ftn8)\n\n# 8 Notice of intention to ship dangerous goods\n\n### 8.1 How notification is to be made\n\n8.1.1 Section 255 of the Navigation Act 1912 requires that, before any dangerous goods are shipped in any ship, the shipper thereof must give notice of intention to ship the goods in the manner and to the person prescribed. [\\[9\\]](#_ftn9)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form[\\[10\\]](#_ftn10), and the person or persons to whom that form must be provided is as follows:\n\n    (a) if the dangerous goods are to be consolidated into a container or vehicle:\n      (i) the originating shipper must provide one copy of the Multimodal Dangerous Goods Form to the consolidator and one copy to the master; and\n      (ii) the consolidator must provide a Multimodal Dangerous Goods Form covering the container or vehicle to the master;[\\[11\\]](#_ftn11)\n    (b) in any other case—the shipper must provide the Multimodal Dangerous Goods Form to the master; and\n    (c) whenever requested to do so by the surveyor-in-charge, the shipper must provide a copy of the Multimodal Dangerous Goods Form to the surveyor-in-charge.\n\n8.1.3 A Multimodal Dangerous Goods Form required to be sent to the master of a ship should be sent as soon as practical after arrival of the ship at the port of shipment, and in any case before the goods are placed on board the ship.\n\n8.1.4 The master[\\[12\\]](#_ftn12) must provide to the surveyor-in-charge a special list or manifest[\\[13\\]](#_ftn13) relating to the goods being placed on board the ship in accordance with 8.1.5.\n\nThis is a penal provision.\n\n8.1.5 The special list or manifest referred to in 8.1.4 should be sent as soon as practical, but in any case before the goods are placed on board the ship. If it is not practical for all the information required to be sent within 24 hours before the goods are to be loaded, the master must provide the following information at least 24 hours before the goods are to be loaded:\n\n    (a) ship name;\n    (b) IMO number;\n    (c) port of loading;\n    (d) date of loading and departure;\n    (e) classes of goods being loaded.\n\n8.1.6 The master must inform the surveyor-in-charge in writing of any subsequent changes to the special list or manifest before the goods are placed on board the ship.\n\nThis is a penal provision.\n\n8.1.7 If dangerous goods are being transhipped, it is sufficient for the person organising the transhipment to provide the master with a copy of the dangerous goods transport documentation[\\[14\\]](#_ftn14) covering the previous part of the voyage, accompanied by a Multimodal Dangerous Goods Form containing ship and voyage information for the intended voyage and endorsed to the effect that the goods have been transhipped.\n\n# 9 Handling precautions[\\[15\\]](#_ftn15)\n\n### 9.1 Responsibility of master\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the master must ensure a safe system of work for crew members and other persons on board the ship. In particular, the master must ensure that:\n\n    (a) adequate warning of the risks are given to crew members and other persons on board the ship and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring on board the ship are reported as soon as possible to the surveyor-in-charge;[\\[16\\]](#_ftn16)\n    (c) no bunkering is carried out at any time during the handling of dangerous goods of Class 1 (other than Class 1.4S); and\n    (d) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.[\\[17\\]](#_ftn17)\n\nThis is a penal provision.\n\n### 9.2 Responsibility of person in charge\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the person in charge must ensure a safe system of work for persons engaged in loading or unloading of cargo. In particular, the person in charge must ensure that:\n\n    (a) adequate warning of the risks are given to persons engaged in loading or unloading of cargo and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring during loading or unloading onto a ship, or prior to loading onto a ship, is reported as soon as possible to the surveyor-in-charge;[\\[18\\]](#_ftn18)\n    (c) dangerous goods showing evidence of damaged packagings are not handled without permission of the surveyor-in-charge;\n    (d) goods that are, or might be, dangerous goods that are leaking or spilling are not handled without permission of the surveyor-in-charge; and\n    (e) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.\n\nThis is a penal provision.\n\n### 9.3 Responsibility of individuals\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, each person on board a ship, or engaged in loading or unloading of cargo, must:\n\n    (a) act upon any warnings or advice given to him or her by the master or person in charge;\n    (b) refrain from smoking, except in such part of the ship as the master designates for such purpose;\n    (c) not use or permit another person to use a spark or flame, except in such part of the ship as the master designates for such purpose; and\n    (d) not engage in, or permit another person to engage in, metal welding or cutting, on a ship while dangerous goods are on board, except in such part of the ship as the master designates for such purpose.[\\[19\\]](#_ftn19)\n\nThis is a penal provision.\n\n10 Information on incident response\n\n10.1 The operator of a ship on which it is intended that dangerous goods be carried must issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form, complying with Regulation VII/2.4 of SOLAS.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10.2 The master of a ship on which dangerous goods are to be carried must ensure that the detailed instructions on emergency response and medical first aid issued by the ship’s operator are readily available on board the ship.\n\nThis is a penal provision.\n\n11 Incidents at sea involving dangerous goods\n\n11.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form into the sea, the master or other person having charge of the ship must report the particulars of such incident without delay and to the fullest extent possible to the nearest coastal State.\n\nThis is a penal provision.\n\n11.2 In the event of a ship referred to in 11.1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner or operator of the ship, or agent thereof, must make or complete the report.\n\nThis is a penal provision.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":15},{"sectionNumber":"9.1","sectionType":"division","heading":"Responsibility of master","content":"### 9.1 Responsibility of master\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the master must ensure a safe system of work for crew members and other persons on board the ship. In particular, the master must ensure that:\n\n    (a) adequate warning of the risks are given to crew members and other persons on board the ship and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring on board the ship are reported as soon as possible to the surveyor-in-charge;[\\[16\\]](#_ftn16)\n    (c) no bunkering is carried out at any time during the handling of dangerous goods of Class 1 (other than Class 1.4S); and\n    (d) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.[\\[17\\]](#_ftn17)\n\nThis is a penal provision.","sortOrder":16},{"sectionNumber":"9.2","sectionType":"division","heading":"Responsibility of person in charge","content":"### 9.2 Responsibility of person in charge\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the person in charge must ensure a safe system of work for persons engaged in loading or unloading of cargo. In particular, the person in charge must ensure that:\n\n    (a) adequate warning of the risks are given to persons engaged in loading or unloading of cargo and that they are advised of suitable precautions to be taken;\n    (b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring during loading or unloading onto a ship, or prior to loading onto a ship, is reported as soon as possible to the surveyor-in-charge;[\\[18\\]](#_ftn18)\n    (c) dangerous goods showing evidence of damaged packagings are not handled without permission of the surveyor-in-charge;\n    (d) goods that are, or might be, dangerous goods that are leaking or spilling are not handled without permission of the surveyor-in-charge; and\n    (e) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.\n\nThis is a penal provision.","sortOrder":17},{"sectionNumber":"9.3","sectionType":"division","heading":"Responsibility of individuals","content":"### 9.3 Responsibility of individuals\n\nIf dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, each person on board a ship, or engaged in loading or unloading of cargo, must:\n\n    (a) act upon any warnings or advice given to him or her by the master or person in charge;\n    (b) refrain from smoking, except in such part of the ship as the master designates for such purpose;\n    (c) not use or permit another person to use a spark or flame, except in such part of the ship as the master designates for such purpose; and\n    (d) not engage in, or permit another person to engage in, metal welding or cutting, on a ship while dangerous goods are on board, except in such part of the ship as the master designates for such purpose.[\\[19\\]](#_ftn19)\n\nThis is a penal provision.\n\n10 Information on incident response\n\n10.1 The operator of a ship on which it is intended that dangerous goods be carried must issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form, complying with Regulation VII/2.4 of SOLAS.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10.2 The master of a ship on which dangerous goods are to be carried must ensure that the detailed instructions on emergency response and medical first aid issued by the ship’s operator are readily available on board the ship.\n\nThis is a penal provision.\n\n11 Incidents at sea involving dangerous goods\n\n11.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form into the sea, the master or other person having charge of the ship must report the particulars of such incident without delay and to the fullest extent possible to the nearest coastal State.\n\nThis is a penal provision.\n\n11.2 In the event of a ship referred to in 11.1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner or operator of the ship, or agent thereof, must make or complete the report.\n\nThis is a penal provision.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":18},{"sectionNumber":"Interpretations, amplifications and requ","sectionType":"part","heading":"Interpretations, amplifications and requirements supplementary to the IMDG Code","content":"# Interpretations, amplifications and requirements  \nsupplementary to the IMDG Code\n\n1 Application\n\nThe provisions of this Appendix apply to a ship:\n\n    (a) registered in Australia\n      \\- when loading dangerous goods in an Australian port; and\n      \\- when loading dangerous goods in a port of another country provided that such loading must, in the case of conflict, comply with the statutory requirements of that country; and\n    (b) registered in a country other than Australiawhen loading dangerous goods in an Australian port.\n\n2 Interpretation of the IMDG Code\n\nIn applying the IMDG Code, foodstuffs means any food, pharmaceutical or other material intended for human or animal ingestion but does not include skin creams and liniments etc. not meant for ingestion.\n\n3 Packaging Approval\n\n3.1 Subject to 3.2, packagings for dangerous goods must be tested to the requirements of Part 6 of the IMDG Code and approved by the competent authority.[\\[21\\]](#_ftn21)\n\n3.2 All Type B packaging for radioactive materials must be approved by the Chief Marine Surveyor.\n\n4 Cargo transport units[\\[22\\]](#_ftn22)\n\n4.1 The packing of cargo transport units must comply with the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units.[\\[23\\]](#_ftn23)\n\n4.2 The packing of dangerous goods into cargo transport units must be supervised by a competent person[\\[24\\]](#_ftn24) with a knowledge of the requirements of the Code and of the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units.\n\n4.3 A cargo transport unit in transit under fumigation must comply with the relevant provisions of the Recommendations on the Safe Use of Pesticides in Ships[\\[25\\]](#_ftn25) and must, as far as practicable, comply with the relevant provisions of the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units.\n\n5 Portable Tanks, including Tank Containers\n\n5.1 Interpretations\n\n5.1.1 In Chapters 6.7, 6.8 and 6.9 of the IMDG Code:\n\nauthorized body means a survey authority approved for the purposes of the Navigation Act 1912[\\[26\\]](#_ftn26) or a State or Territory competent authority for road or rail transport;\n\nnational material standards means the yield and ultimate strength, ductility and other mechanical or chemical criteria specified in Australian Standard AS 1210 (Pressure Vessels) or, if such details are not specified in AS 1210, as determined by the Chief Marine Surveyor; and\n\nrecognised pressure vessel code means, for tanks designed and built for registration in Australia, the Australian Standard AS 1210 (Pressure Vessels) or other standard which is:\n\n    (a) applicable to marine transport;\n    (b) suitable for pressures under consideration;\n    (c) suitable for the types of substances to be carried in the portable tank; and\n    (d) otherwise appropriate and acceptable to the Chief Marine Surveyor.\n\n5.1.2 Where the IMDG Code specifies compliance with the requirements of the competent authority for road or rail transport, this means compliance with the relevant sections of the Australian Code for the Transport of Dangerous Goods by Road and Rail.\n\n5.2 Additional requirements\n\nIn addition to the requirements of this Part:\n\n    (a) the frames of tank containers must be constructed, tested and marked in accordance with the requirements of Marine Orders, Part 44; and\n    (b) portable tanks, other than tank containers, that are designed to be lifted must be tested and marked in accordance with Marine Orders Part 32.\n\n6 Stowage on deck\n\nIf dangerous goods are stowed on deck, they must not:\n\n    (a) obstruct the approach to, or exit from (including an emergency escape route), any accommodation space, working space, hold, or underdeck space; or\n    (b) obstruct the access to, or interfere with the operation of, any lifesaving appliances, fire-fighting appliances, closing appliances, or the proper navigation of the ship.\n\n7 Special requirements for particular substances\n\n7.1 Interpretations\n\nIn 7.8.3.1 of the IMDG Code, the competent authority is Department of Environment & Heritage.\n\n7.2 Class 1 substances (explosives)[\\[27\\]](#_ftn27)\n\n7.2.1 The detailed examination required by 7.4.6.4.2 of the IMDG Code of a cargo transport unit to be loaded with goods of Class 1 must, subject to 7.2.2, be carried out by a surveyor. [\\[28\\]](#_ftn28)\n\n7.2.2 Because the nature and quantity of goods of Class 1.4S may be of low risk, the surveyor-in-charge may determine that an inspection by a surveyor of a cargo transport unit to be loaded only with goods of Class 1.4S is not necessary. In such cases the shipper must :\n\n    (a) ensure that the cargo transport unit is structurally serviceable; and\n    (b) meet other requirements of 7.4.6.4.2 of the IMDG Code.\n\n7.2.3 Explosives must not be carried in a tanker except with the approval of the Chief Marine Surveyor, such approval being subject to such conditions as the Chief Marine Surveyor may consider necessary.\n\n7.3 Class 7 substances (radioactive)\n\nThe safe stowage and securing of Class 7 substances, both in a cargo transport unit and on board ship, is to be verified by examination by a surveyor in a manner determined by the Chief Marine Surveyor to be appropriate to the radioactive hazard presented by the cargo.\n\n7.4 Hazardous waste materials\n\nAll export shipments of hazardous waste materials must comply with the provisions of this Part. A copy of the waste movement document as required by 7.8.3.2 of the IMDG Code and provided by Department of Environment & Heritage must be attached to the Multimodal Dangerous Goods Form.[\\[29\\]](#_ftn29)","sortOrder":19}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Scope is consistent with the instrument's stated purpose to give effect to SOLAS and the IMDG Code: it applies to Australian-registered ships and foreign ships in Australian territorial waters, while excluding ship's stores and matters covered by the Explosives Act; it also vests AMSA (Chief Marine Surveyor) with powers to approve packaging and grant limited modifications or exemptions (1.6; 4; 5.1–5.3)."},"complexity_factors":["Dependence on multiple international instruments (SOLAS Parts A & D, IMDG Code, INF Code) creating cross-references and update risk (1.6; 7)","Technical packaging, testing and stowage requirements that refer back to IMDG and national standards (Appendix 3; Appendix 4; 7)","Delegated administrative discretion to the Chief Marine Surveyor to modify or exempt requirements, subject to SOLAS constraints (5.1–5.3)","Multiple regulated actors with distinct, overlapping duties and penal liability (originating shipper, consolidator, master, person in charge, operator) (2; 8; 9; 10; 11)","Detailed mandatory notification, documentation and timing requirements (Multimodal Dangerous Goods Form; special list/manifest; 8.1.2–8.1.6)","Interplay with other statutes and competencies (Explosives Act 1961, MARPOL, national road/rail codes) that may narrow or shift regulatory scope (4(c)-(d); Appendix 5.1.2)","Enforcement and review architecture combining internal AMSA review and external AAT appeals (6.1–6.2)","Operational constraints and ship-specific technical checks (deck stowage limits, electrical isolation, ventilation, bilge isolation) that require surveyor involvement (Appendix 6; 8.2–8.4; 7.2–7.3)","Appendix contains amplified requirements and local interpretations that add compliance detail beyond base IMDG text (Appendix generally)","Widespread use of penal provisions increases legal and operational compliance risk across routine procedures (marked penal provisions in 8, 9, 10, 11)"],"plain_english_summary":"Mechanically, this Marine Order makes SOLAS Parts A and D and the IMDG Code mandatory for packing, stowage, carriage, notification and handling of dangerous goods on Australian-registered ships and foreign ships in Australian territorial waters. It imposes duties and penal offences on shippers, consolidators, masters, persons in charge and ship operators; requires Multimodal Dangerous Goods Forms and manifests; gives AMSA’s Chief Marine Surveyor power to approve packaging and grant modifications or exemptions; and provides internal review and AAT appeal rights. Compliance costs fall mainly on shippers and ship operators."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1721},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Issue 6 (2003) maintains the traditional scope of regulating the carriage of dangerous goods on ships that was established in Issue 1 (1983). While it updates the technical standards to reflect the IMDG Code 2002 Edition and refines administrative processes, the fundamental scope—giving effect to SOLAS Chapter VII and regulating packing, stowage, carriage, and notification of dangerous goods—has not expanded beyond its original intent."},"complexity_factors":["Extensive incorporation by reference of external codes (IMDG Code, SOLAS Chapter VII, INF Code) without reproducing their content","17 defined terms including technical maritime roles (e.g., 'surveyor-in-charge', 'consolidator', 'underdeck space')","Cross-references to other Marine Orders (Parts 32 and 44) requiring concurrent reading","Multiple penal provisions creating criminal liability for specific procedural breaches","Layered notification requirements with conditional logic based on whether goods are consolidated or transhipped","Technical Appendix prescribing specific Australian Standards (AS 1210) and engineering requirements","Administrative law mechanisms (modifications, exemptions, internal review, AAT review) creating procedural complexity"],"plain_english_summary":"This Marine Order governs how dangerous goods (chemicals, explosives, radioactive materials) are packed, declared, carried and handled on ships in Australian waters or on Australian-flag ships abroad. It affects shippers, shipmasters/owners, consolidators, stevedores and crew, requiring multimodal declaration, IMDG Code compliance, safe work systems, incident reporting and emergency/first‑aid instructions.\n\nBreaches can attract penalties; AMSA may grant safety‑based exemptions and its decisions are reviewable internally and to the AAT. It excludes ship’s stores and explosives regulated under the Explosives Act 1961."}},"importantCases":[],"_links":{"self":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003","history":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003/history","analysis":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003/analysis","conflicts":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003/conflicts","importantCases":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003/important-cases","documents":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-6-order-no-4-of-2003/documents"}}