Marine Order 32 (Cargo handling equipment) 2016
14Unsafe or inadequate loading or unloading arrangements
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14 Unsafe or inadequate loading or unloading arrangements
(1) For paragraph 112(5)(c) of the Act, AMSA may give written notice to a person if AMSA considers that:
(a) the person is responsible for the loading, unloading, stowage or carriage of cargo on the vessel; and
(b) the loading, unloading, stowage or carriage of cargo on the vessel is or is likely to be unsafe.
(2) The notice may:
(a) prohibit loading, unloading, stowage or carriage of the cargo on the vessel; or
(b) require additional conditions to be met, either generally or for a particular vessel or a particular cargo; or
(c) require verification of the mass of a cargo unit.
(3) A person must comply with a notice given to the person under subsection (1).
(4) An offence against subsection (3) is a strict liability offence.
(5) A person is liable to a civil penalty if the person contravenes subsection (3).
Note It is an offence not to take proper precautions in loading or unloading a vessel — see section 114 of the Navigation Act.