{"id":"F2005L03607","name":"Marine Orders - Part 41: Carriage of dangerous goods, Issue 7 (Order No. 7 of 2005)","slug":"marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39225,"registerId":"commonwealth-F2005L03607-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Table of Contents","sectionType":"part","heading":"Table of Contents","content":"# Table of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 & power\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 Inspections\n    11 Information on incident response\n    12 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\n    Issue 6, Order No. 4 of 2003","sortOrder":0},{"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\ncargo includes mail and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit[\\[4\\]](#_ftn4) for transport by sea;\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) and amended by MSC.157(78), also referred to as the IMDG Code 2004 Edition;\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 Resolutions MSC.118(74) and MSC.135(76) and, with effect from 1 July 2006, by Resolution MSC.178(79);\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\nManager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\nNavigation Act means the Navigation Act 1912;\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.[\\[5\\]](#_ftn5)\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 cargo transport unit in less than full cargo transport unit load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act;\n\nsurveyor-in-charge means:\n\n    (a) in the case of a port where a marine survey office of AMSA is situated—the surveyor in charge of that office; and\n    (b) 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;","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Interpretation","content":"# 3 Interpretation\n\n3.1 In regulation 5 of Chapter VII of SOLAS, approved by the Administration means:\n\n    (a) in respect of an Australian ship—approved by the Manager, Ship Inspections, or a survey authority;\n    (b) in respect of a ship registered in a country other than Australia—approved by or on behalf the Administration of that country;\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 Manager, Ship Inspections.\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    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part;\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.","sortOrder":2},{"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":3},{"sectionNumber":"5","sectionType":"part","heading":"Modifications or exemptions[6]","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part of Marine Orders:\n\n    (a) gives effect to the following Parts of Chapter VII of SOLAS:[\\[1\\]](#_ftn1)\n      (i) Part A, which deals with the carriage of dangerous goods in packaged form or in solid form in bulk, and in particular gives effect to the IMDG Code;[\\[2\\]](#_ftn2) and\n      (ii) Part D, which deals with special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships, and in particular gives effect to the INF Code;[\\[3\\]](#_ftn3) and\n    (b) prescribes matters for the purposes of the following provisions of the Navigation Act:\n      (i) section 253A, which provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships;\n      (ii) section 255, which provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships; and\n      (iii) section 257, which provides that the regulations may make provision for or in relation to the stowing or carriage in ships of cargo.\n\n1.2 Power\n\n1.2.1 Section 191 of the Navigation Act provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.\n\n1.2.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\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\ncargo includes mail and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit[\\[4\\]](#_ftn4) for transport by sea;\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) and amended by MSC.157(78), also referred to as the IMDG Code 2004 Edition;\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 Resolutions MSC.118(74) and MSC.135(76) and, with effect from 1 July 2006, by Resolution MSC.178(79);\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\nManager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\nNavigation Act means the Navigation Act 1912;\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.[\\[5\\]](#_ftn5)\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 cargo transport unit in less than full cargo transport unit load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act;\n\nsurveyor-in-charge means:\n\n    (a) in the case of a port where a marine survey office of AMSA is situated—the surveyor in charge of that office; and\n    (b) 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\n# 3 Interpretation\n\n3.1 In regulation 5 of Chapter VII of SOLAS, approved by the Administration means:\n\n    (a) in respect of an Australian ship—approved by the Manager, Ship Inspections, or a survey authority;\n    (b) in respect of a ship registered in a country other than Australia—approved by or on behalf the Administration of that country;\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 Manager, Ship Inspections.\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    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part;\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\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[\\[6\\]](#_ftn6)\n\n### 5.1 Modification\n\nThe Manager, Ship Inspections, 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 Manager, Ship Inspections, 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 a ship, or a 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 Manager, Ship Inspections, 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 Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within three months of the notification of the decision or within such longer period as determined by the General Manager, 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 the decision to be properly reviewed.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.\n\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[\\[7\\]](#_ftn7)\n\nFor the purposes of subsection 253A(2) of the Navigation Act,[\\[8\\]](#_ftn8) 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    (b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n    (c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n    (d) for goods to which the INF Code applies, that Code.[\\[9\\]](#_ftn9)\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 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. [\\[10\\]](#_ftn10)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form,[\\[11\\]](#_ftn11) 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 cargo transport unit:\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 cargo transport unit to the master;[\\[12\\]](#_ftn12)\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 loaded on board the ship.\n\n8.1.4 The master[\\[13\\]](#_ftn13) must provide to the surveyor-in-charge a special list or manifest[\\[14\\]](#_ftn14) relating to the goods that are to be loaded 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 loaded 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[\\[15\\]](#_ftn15) 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[\\[16\\]](#_ftn16)\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;[\\[17\\]](#_ftn17)\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.[\\[18\\]](#_ftn18)\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;[\\[19\\]](#_ftn19)\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.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10 Inspections\n\n10.1 A surveyor may inspect any cargo transport unit in which dangerous goods:\n\n    (a) have been packed; or\n    (b) are being packed; or\n    (c) are intended to be packed,\n    in order to establish whether the relevant provisions of the IMDG Code are being complied with.\n\n10.2 A surveyor may inspect any dangerous goods on board a ship arriving at a port in Australia.\n\n10.3 If a surveyor considers that a cargo transport unit containing dangerous goods does not comply with the relevant provisions of the IMDG Code, the surveyor may direct that the cargo transport unit must not be loaded on or unloaded from a ship until:\n\n    (a) a surveyor is satisfied that the cargo transport unit complies with the relevant provisions of the IMDG Code; or\n    (b) specified conditions have been met.\n\n10.4 A person must not load or unload a cargo transport unit on or from a ship in contravention of a direction given under 10.3.\n\nThis is a penal provision.\n\n11 Information on incident response\n\n11.1 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.[\\[21\\]](#_ftn21)\n\nThis is a penal provision.\n\n11.2 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\n12 Incidents at sea involving dangerous goods\n\n12.1 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.[\\[22\\]](#_ftn22)\n\nThis is a penal provision.\n\n12.2 In the event of a ship referred to in 12.1 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":4},{"sectionNumber":"5.1","sectionType":"division","heading":"Modification","content":"### 5.1 Modification\n\nThe Manager, Ship Inspections, 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":5},{"sectionNumber":"5.2","sectionType":"division","heading":"Exemption","content":"### 5.2 Exemption\n\nThe Manager, Ship Inspections, 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 a ship, or a ship included in a class of ships, from compliance with that requirement to the extent specified, subject to any conditions specified.","sortOrder":6},{"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 Manager, Ship Inspections, must not allow a modification under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.","sortOrder":7},{"sectionNumber":"6","sectionType":"part","heading":"Review of decisions","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part of Marine Orders:\n\n    (a) gives effect to the following Parts of Chapter VII of SOLAS:[\\[1\\]](#_ftn1)\n      (i) Part A, which deals with the carriage of dangerous goods in packaged form or in solid form in bulk, and in particular gives effect to the IMDG Code;[\\[2\\]](#_ftn2) and\n      (ii) Part D, which deals with special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships, and in particular gives effect to the INF Code;[\\[3\\]](#_ftn3) and\n    (b) prescribes matters for the purposes of the following provisions of the Navigation Act:\n      (i) section 253A, which provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships;\n      (ii) section 255, which provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships; and\n      (iii) section 257, which provides that the regulations may make provision for or in relation to the stowing or carriage in ships of cargo.\n\n1.2 Power\n\n1.2.1 Section 191 of the Navigation Act provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.\n\n1.2.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\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\ncargo includes mail and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit[\\[4\\]](#_ftn4) for transport by sea;\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) and amended by MSC.157(78), also referred to as the IMDG Code 2004 Edition;\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 Resolutions MSC.118(74) and MSC.135(76) and, with effect from 1 July 2006, by Resolution MSC.178(79);\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\nManager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\nNavigation Act means the Navigation Act 1912;\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.[\\[5\\]](#_ftn5)\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 cargo transport unit in less than full cargo transport unit load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act;\n\nsurveyor-in-charge means:\n\n    (a) in the case of a port where a marine survey office of AMSA is situated—the surveyor in charge of that office; and\n    (b) 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\n# 3 Interpretation\n\n3.1 In regulation 5 of Chapter VII of SOLAS, approved by the Administration means:\n\n    (a) in respect of an Australian ship—approved by the Manager, Ship Inspections, or a survey authority;\n    (b) in respect of a ship registered in a country other than Australia—approved by or on behalf the Administration of that country;\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 Manager, Ship Inspections.\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    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part;\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\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[\\[6\\]](#_ftn6)\n\n### 5.1 Modification\n\nThe Manager, Ship Inspections, 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 Manager, Ship Inspections, 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 a ship, or a 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 Manager, Ship Inspections, 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 Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within three months of the notification of the decision or within such longer period as determined by the General Manager, 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 the decision to be properly reviewed.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.\n\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[\\[7\\]](#_ftn7)\n\nFor the purposes of subsection 253A(2) of the Navigation Act,[\\[8\\]](#_ftn8) 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    (b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n    (c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n    (d) for goods to which the INF Code applies, that Code.[\\[9\\]](#_ftn9)\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 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. [\\[10\\]](#_ftn10)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form,[\\[11\\]](#_ftn11) 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 cargo transport unit:\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 cargo transport unit to the master;[\\[12\\]](#_ftn12)\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 loaded on board the ship.\n\n8.1.4 The master[\\[13\\]](#_ftn13) must provide to the surveyor-in-charge a special list or manifest[\\[14\\]](#_ftn14) relating to the goods that are to be loaded 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 loaded 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[\\[15\\]](#_ftn15) 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[\\[16\\]](#_ftn16)\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;[\\[17\\]](#_ftn17)\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.[\\[18\\]](#_ftn18)\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;[\\[19\\]](#_ftn19)\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.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10 Inspections\n\n10.1 A surveyor may inspect any cargo transport unit in which dangerous goods:\n\n    (a) have been packed; or\n    (b) are being packed; or\n    (c) are intended to be packed,\n    in order to establish whether the relevant provisions of the IMDG Code are being complied with.\n\n10.2 A surveyor may inspect any dangerous goods on board a ship arriving at a port in Australia.\n\n10.3 If a surveyor considers that a cargo transport unit containing dangerous goods does not comply with the relevant provisions of the IMDG Code, the surveyor may direct that the cargo transport unit must not be loaded on or unloaded from a ship until:\n\n    (a) a surveyor is satisfied that the cargo transport unit complies with the relevant provisions of the IMDG Code; or\n    (b) specified conditions have been met.\n\n10.4 A person must not load or unload a cargo transport unit on or from a ship in contravention of a direction given under 10.3.\n\nThis is a penal provision.\n\n11 Information on incident response\n\n11.1 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.[\\[21\\]](#_ftn21)\n\nThis is a penal provision.\n\n11.2 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\n12 Incidents at sea involving dangerous goods\n\n12.1 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.[\\[22\\]](#_ftn22)\n\nThis is a penal provision.\n\n12.2 In the event of a ship referred to in 12.1 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":8},{"sectionNumber":"6.1","sectionType":"division","heading":"Internal review","content":"### 6.1 Internal review\n\n6.1.1 If the Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within three months of the notification of the decision or within such longer period as determined by the General Manager, 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 the decision to be properly reviewed.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.","sortOrder":9},{"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":10},{"sectionNumber":"7","sectionType":"part","heading":"Requirements for dangerous goods and their packing, stowing and carriage[7]","content":"# 7 Requirements for dangerous goods and their packing, stowing and carriage[\\[7\\]](#_ftn7)\n\nFor the purposes of subsection 253A(2) of the Navigation Act,[\\[8\\]](#_ftn8) 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    (b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n    (c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n    (d) for goods to which the INF Code applies, that Code.[\\[9\\]](#_ftn9)","sortOrder":11},{"sectionNumber":"8","sectionType":"part","heading":"Notice of intention to ship dangerous goods","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part of Marine Orders:\n\n    (a) gives effect to the following Parts of Chapter VII of SOLAS:[\\[1\\]](#_ftn1)\n      (i) Part A, which deals with the carriage of dangerous goods in packaged form or in solid form in bulk, and in particular gives effect to the IMDG Code;[\\[2\\]](#_ftn2) and\n      (ii) Part D, which deals with special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships, and in particular gives effect to the INF Code;[\\[3\\]](#_ftn3) and\n    (b) prescribes matters for the purposes of the following provisions of the Navigation Act:\n      (i) section 253A, which provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships;\n      (ii) section 255, which provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships; and\n      (iii) section 257, which provides that the regulations may make provision for or in relation to the stowing or carriage in ships of cargo.\n\n1.2 Power\n\n1.2.1 Section 191 of the Navigation Act provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.\n\n1.2.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\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\ncargo includes mail and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit[\\[4\\]](#_ftn4) for transport by sea;\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) and amended by MSC.157(78), also referred to as the IMDG Code 2004 Edition;\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 Resolutions MSC.118(74) and MSC.135(76) and, with effect from 1 July 2006, by Resolution MSC.178(79);\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\nManager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\nNavigation Act means the Navigation Act 1912;\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.[\\[5\\]](#_ftn5)\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 cargo transport unit in less than full cargo transport unit load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act;\n\nsurveyor-in-charge means:\n\n    (a) in the case of a port where a marine survey office of AMSA is situated—the surveyor in charge of that office; and\n    (b) 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\n# 3 Interpretation\n\n3.1 In regulation 5 of Chapter VII of SOLAS, approved by the Administration means:\n\n    (a) in respect of an Australian ship—approved by the Manager, Ship Inspections, or a survey authority;\n    (b) in respect of a ship registered in a country other than Australia—approved by or on behalf the Administration of that country;\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 Manager, Ship Inspections.\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    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part;\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\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[\\[6\\]](#_ftn6)\n\n### 5.1 Modification\n\nThe Manager, Ship Inspections, 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 Manager, Ship Inspections, 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 a ship, or a 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 Manager, Ship Inspections, 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 Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within three months of the notification of the decision or within such longer period as determined by the General Manager, 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 the decision to be properly reviewed.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.\n\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[\\[7\\]](#_ftn7)\n\nFor the purposes of subsection 253A(2) of the Navigation Act,[\\[8\\]](#_ftn8) 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    (b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n    (c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n    (d) for goods to which the INF Code applies, that Code.[\\[9\\]](#_ftn9)\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 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. [\\[10\\]](#_ftn10)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form,[\\[11\\]](#_ftn11) 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 cargo transport unit:\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 cargo transport unit to the master;[\\[12\\]](#_ftn12)\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 loaded on board the ship.\n\n8.1.4 The master[\\[13\\]](#_ftn13) must provide to the surveyor-in-charge a special list or manifest[\\[14\\]](#_ftn14) relating to the goods that are to be loaded 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 loaded 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[\\[15\\]](#_ftn15) 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[\\[16\\]](#_ftn16)\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;[\\[17\\]](#_ftn17)\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.[\\[18\\]](#_ftn18)\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;[\\[19\\]](#_ftn19)\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.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10 Inspections\n\n10.1 A surveyor may inspect any cargo transport unit in which dangerous goods:\n\n    (a) have been packed; or\n    (b) are being packed; or\n    (c) are intended to be packed,\n    in order to establish whether the relevant provisions of the IMDG Code are being complied with.\n\n10.2 A surveyor may inspect any dangerous goods on board a ship arriving at a port in Australia.\n\n10.3 If a surveyor considers that a cargo transport unit containing dangerous goods does not comply with the relevant provisions of the IMDG Code, the surveyor may direct that the cargo transport unit must not be loaded on or unloaded from a ship until:\n\n    (a) a surveyor is satisfied that the cargo transport unit complies with the relevant provisions of the IMDG Code; or\n    (b) specified conditions have been met.\n\n10.4 A person must not load or unload a cargo transport unit on or from a ship in contravention of a direction given under 10.3.\n\nThis is a penal provision.\n\n11 Information on incident response\n\n11.1 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.[\\[21\\]](#_ftn21)\n\nThis is a penal provision.\n\n11.2 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\n12 Incidents at sea involving dangerous goods\n\n12.1 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.[\\[22\\]](#_ftn22)\n\nThis is a penal provision.\n\n12.2 In the event of a ship referred to in 12.1 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":12},{"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 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. [\\[10\\]](#_ftn10)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form,[\\[11\\]](#_ftn11) 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 cargo transport unit:\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 cargo transport unit to the master;[\\[12\\]](#_ftn12)\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 loaded on board the ship.\n\n8.1.4 The master[\\[13\\]](#_ftn13) must provide to the surveyor-in-charge a special list or manifest[\\[14\\]](#_ftn14) relating to the goods that are to be loaded 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 loaded 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[\\[15\\]](#_ftn15) 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":13},{"sectionNumber":"9","sectionType":"part","heading":"Handling precautions[16]","content":"1 Purpose & power\n\n1.1 Purpose\n\nThis Part of Marine Orders:\n\n    (a) gives effect to the following Parts of Chapter VII of SOLAS:[\\[1\\]](#_ftn1)\n      (i) Part A, which deals with the carriage of dangerous goods in packaged form or in solid form in bulk, and in particular gives effect to the IMDG Code;[\\[2\\]](#_ftn2) and\n      (ii) Part D, which deals with special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships, and in particular gives effect to the INF Code;[\\[3\\]](#_ftn3) and\n    (b) prescribes matters for the purposes of the following provisions of the Navigation Act:\n      (i) section 253A, which provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships;\n      (ii) section 255, which provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships; and\n      (iii) section 257, which provides that the regulations may make provision for or in relation to the stowing or carriage in ships of cargo.\n\n1.2 Power\n\n1.2.1 Section 191 of the Navigation Act provides for regulations to make provision for or in relation to giving effect to SOLAS.\n\n1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.\n\n1.2.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.\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\ncargo includes mail and passengers' baggage;\n\nconsolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit[\\[4\\]](#_ftn4) for transport by sea;\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) and amended by MSC.157(78), also referred to as the IMDG Code 2004 Edition;\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 Resolutions MSC.118(74) and MSC.135(76) and, with effect from 1 July 2006, by Resolution MSC.178(79);\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\nManager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;\n\nMARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;\n\nNavigation Act means the Navigation Act 1912;\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.[\\[5\\]](#_ftn5)\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 cargo transport unit in less than full cargo transport unit load, includes the consolidator of those goods;\n\nSOLAS means the Safety Convention as defined in the Navigation Act;\n\nsurveyor means a person appointed to be a surveyor under s.190 of the Navigation Act;\n\nsurveyor-in-charge means:\n\n    (a) in the case of a port where a marine survey office of AMSA is situated—the surveyor in charge of that office; and\n    (b) 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\n# 3 Interpretation\n\n3.1 In regulation 5 of Chapter VII of SOLAS, approved by the Administration means:\n\n    (a) in respect of an Australian ship—approved by the Manager, Ship Inspections, or a survey authority;\n    (b) in respect of a ship registered in a country other than Australia—approved by or on behalf the Administration of that country;\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 Manager, Ship Inspections.\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    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part;\n    (c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.\n\n# 4 Application\n\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[\\[6\\]](#_ftn6)\n\n### 5.1 Modification\n\nThe Manager, Ship Inspections, 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 Manager, Ship Inspections, 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 a ship, or a 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 Manager, Ship Inspections, 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 Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within three months of the notification of the decision or within such longer period as determined by the General Manager, 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 the decision to be properly reviewed.\n\n6.1.3 The General Manager may:\n\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.\n\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[\\[7\\]](#_ftn7)\n\nFor the purposes of subsection 253A(2) of the Navigation Act,[\\[8\\]](#_ftn8) 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    (b) the provisions of the IMDG Code expressed by that Code to be mandatory;\n    (c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and\n    (d) for goods to which the INF Code applies, that Code.[\\[9\\]](#_ftn9)\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 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. [\\[10\\]](#_ftn10)\n\n8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form,[\\[11\\]](#_ftn11) 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 cargo transport unit:\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 cargo transport unit to the master;[\\[12\\]](#_ftn12)\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 loaded on board the ship.\n\n8.1.4 The master[\\[13\\]](#_ftn13) must provide to the surveyor-in-charge a special list or manifest[\\[14\\]](#_ftn14) relating to the goods that are to be loaded 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 loaded 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[\\[15\\]](#_ftn15) 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[\\[16\\]](#_ftn16)\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;[\\[17\\]](#_ftn17)\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.[\\[18\\]](#_ftn18)\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;[\\[19\\]](#_ftn19)\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.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10 Inspections\n\n10.1 A surveyor may inspect any cargo transport unit in which dangerous goods:\n\n    (a) have been packed; or\n    (b) are being packed; or\n    (c) are intended to be packed,\n    in order to establish whether the relevant provisions of the IMDG Code are being complied with.\n\n10.2 A surveyor may inspect any dangerous goods on board a ship arriving at a port in Australia.\n\n10.3 If a surveyor considers that a cargo transport unit containing dangerous goods does not comply with the relevant provisions of the IMDG Code, the surveyor may direct that the cargo transport unit must not be loaded on or unloaded from a ship until:\n\n    (a) a surveyor is satisfied that the cargo transport unit complies with the relevant provisions of the IMDG Code; or\n    (b) specified conditions have been met.\n\n10.4 A person must not load or unload a cargo transport unit on or from a ship in contravention of a direction given under 10.3.\n\nThis is a penal provision.\n\n11 Information on incident response\n\n11.1 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.[\\[21\\]](#_ftn21)\n\nThis is a penal provision.\n\n11.2 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\n12 Incidents at sea involving dangerous goods\n\n12.1 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.[\\[22\\]](#_ftn22)\n\nThis is a penal provision.\n\n12.2 In the event of a ship referred to in 12.1 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":14},{"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;[\\[17\\]](#_ftn17)\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.[\\[18\\]](#_ftn18)\n\nThis is a penal provision.","sortOrder":15},{"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;[\\[19\\]](#_ftn19)\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":16},{"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.[\\[20\\]](#_ftn20)\n\nThis is a penal provision.\n\n10 Inspections\n\n10.1 A surveyor may inspect any cargo transport unit in which dangerous goods:\n\n    (a) have been packed; or\n    (b) are being packed; or\n    (c) are intended to be packed,\n    in order to establish whether the relevant provisions of the IMDG Code are being complied with.\n\n10.2 A surveyor may inspect any dangerous goods on board a ship arriving at a port in Australia.\n\n10.3 If a surveyor considers that a cargo transport unit containing dangerous goods does not comply with the relevant provisions of the IMDG Code, the surveyor may direct that the cargo transport unit must not be loaded on or unloaded from a ship until:\n\n    (a) a surveyor is satisfied that the cargo transport unit complies with the relevant provisions of the IMDG Code; or\n    (b) specified conditions have been met.\n\n10.4 A person must not load or unload a cargo transport unit on or from a ship in contravention of a direction given under 10.3.\n\nThis is a penal provision.\n\n11 Information on incident response\n\n11.1 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.[\\[21\\]](#_ftn21)\n\nThis is a penal provision.\n\n11.2 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\n12 Incidents at sea involving dangerous goods\n\n12.1 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.[\\[22\\]](#_ftn22)\n\nThis is a penal provision.\n\n12.2 In the event of a ship referred to in 12.1 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":17},{"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      (i) when loading dangerous goods in an Australian port; and\n      (ii) 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.[\\[23\\]](#_ftn23)\n\n3.2 All Type B packaging for radioactive materials must be approved by the Manager, Ship Inspections.\n\n4 Cargo transport units\n\n4.1 The packing of cargo transport units must comply with the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units.[\\[24\\]](#_ftn24)\n\n4.2 The packing of dangerous goods into cargo transport units must be supervised by a competent person[\\[25\\]](#_ftn25) 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[\\[26\\]](#_ftn26) 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[\\[27\\]](#_ftn27) 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 Manager, Ship Inspections; 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 Manager, Ship Inspections.\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 (Safe containers); 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 (Cargo Handling Equipment).\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)[\\[28\\]](#_ftn28)\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. [\\[29\\]](#_ftn29)\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 Manager, Ship Inspections, such approval being subject to such conditions as the Manager, Ship Inspections, 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 Manager, Ship Inspections, 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.[\\[30\\]](#_ftn30)","sortOrder":18}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument primarily implements and enforces international SOLAS/IMDG/INF obligations within Australian territorial scope and for Australian‑flagged ships (see Purpose & s4 and s7). It does not materially expand the substantive classes of dangerous goods covered beyond those instruments, but it adds domestic procedural requirements, national technical clarifications in the Appendix and administrative discretion for AMSA (see s5, Appendix)."},"complexity_factors":["Extensive cross‑references to international instruments (SOLAS Parts A & D, IMDG Code, INF Code) requiring parallel technical compliance and interpretation (see Purpose & s7 and Appendix).","Numerous defined terms and delegated definitions that import meaning from the IMDG Code (see s2, s3.4).","Multiple regulated actors and duties (originating shipper, consolidator, shipper, master, person in charge, operator, surveyor) increasing compliance coordination (see s2, s8, s9, s10).","Procedural requirements for notice and documentation (Multimodal Dangerous Goods Form, special lists/manifests) with timing rules and criminal sanctions (see s8.1.2–8.1.6).","Widespread penal provisions tied to handling, reporting and contraventions (see s8.1.4–8.1.6, s9.1–9.3, s10.4, s11, s12).","Inspection and enforcement powers vested in AMSA surveyors including directions to withhold loading/unloading (see s10.1–10.4).","Administrative discretion and decision‑making concentrated in AMSA officers (Manager, Ship Inspections; General Manager) with power to modify/exempt and internal review plus AAT appeal (see s5, s6).","Technical national clarifications and supplementary requirements in the Appendix (packaging approval, cargo transport unit packing, portable tanks, stowage rules) that impose additional domestic standards (see Appendix paras 3–8).","Interplay and limited carve‑outs with other domestic statutes/regimes (Explosives Act 1961, MARPOL, national transport codes) adding potential overlap or compliance layering (see s4, Appendix 5.1.2)."],"plain_english_summary":"This Marine Orders Part transposes international maritime rules (SOLAS Parts A & D, the IMDG Code and the INF Code) into Australian law for Australian ships and foreign ships in Australian territorial waters, setting rules for packing, stowage, notification, inspection and incident reporting of dangerous goods. It places compliance costs and penal risks on shippers, consolidators, masters and operators, vests enforcement with AMSA surveyors and gives the Manager, Ship Inspections authority to modify or exempt requirements, with internal and AAT review rights."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2320},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its core purpose of implementing Australia's obligations under SOLAS Chapter VII and the Navigation Act regarding the safe carriage of dangerous goods by sea. It covers both packaged dangerous goods (via the IMDG Code) and irradiated nuclear fuel (via the INF Code), which aligns with the original intent of comprehensively regulating maritime dangerous goods safety. No significant scope creep beyond maritime transport regulation is evident."},"complexity_factors":["Incorporation by reference of multiple external international instruments (IMDG Code 2004 Edition, INF Code, SOLAS Chapter VII)","16 defined terms including technical maritime roles (e.g., consolidator, surveyor-in-charge, originating shipper)","Appendix with supplementary technical requirements amplifying the IMDG Code (e.g., Australian Standard AS 1210 for pressure vessels, electrical isolation specifications)","Layered compliance obligations across multiple parties (master, person in charge, shipper, consolidator, individual crew members)","Dual administrative review pathway (internal review by General Manager followed by Administrative Appeals Tribunal)","Conditional exemption and modification powers subject to SOLAS compliance (section 5)","Specific technical safety requirements for Class 1 explosives and Class 7 radioactive substances"],"plain_english_summary":"These rules set mandatory safety standards for transporting dangerous goods by sea in Australian waters, affecting ship masters, operators, shippers, crew, dock workers and AMSA surveyors. They require pre-loading documentation, adoption of international IMDG/INF codes, inspections and emergency response procedures to prevent spills, fires and exposures.\n\nThe regime lets AMSA inspect and stop non-compliant cargo, allows limited exemptions if safety is maintained, and provides internal and AAT appeal rights."}},"importantCases":[],"_links":{"self":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005","history":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005/history","analysis":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005/analysis","conflicts":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005/conflicts","importantCases":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005/important-cases","documents":"/api/acts/marine-orders-part-41-carriage-of-dangerous-goods-issue-7-order-no-7-of-2005/documents"}}