14Identifying the person in charge

14 Identifying the person in charge

14.1 A person, other than the master, who undertakes to load or unload a ship at a port in Australia must, before starting an undertaking subject to this Order, appoint a person or persons in charge of the undertaking.

Note If the person undertaking loading or unloading is a firm or company, that firm or company must make the appointment.

14.2 A person making an appointment under subsection 14.1 must, before commencement of the undertaking, provide to the master of the ship written notification of the appointment or appointments.

14.3 A person in charge must, when starting or ceasing duty as person in charge, enter in a logbook:

(a) the time at which he or she starts each period of duty as person in charge; and

(b) the time he or she ceases each period of duty as person in charge.

14.4 A person who has started a period of duty in charge of loading or unloading of a ship is taken to remain person in charge:

(a) until the person has directed loading or unloading of the ship to cease and has made an entry to that effect in the logbook; or

(b) until another person appointed under subsection 14.1 has started a period of duty as person in charge and has made an entry to that effect in the logbook; or

(c) the person appoints another person to be person in charge for any period in which the person is unable to continue the period of duty.

14.5 Only 1 person at a time is to be person in charge.

14.6 A person must not be appointed as the person in charge unless the person is:

(a) well experienced in all aspects of the type of loading or unloading to be undertaken; and

(b) capable of directing all tasks relevant to the loading or unloading.

14.7 A person appointed under subsection 14.1, being unable to direct the loading or unloading of a ship at any time during his or her period of duty, may appoint a person qualified in accordance with subsection 14.6 to direct the loading or unloading during the period of the inability.

14.8 A person appointed under subsection 14.7 is taken to be the person in charge for the period of the inability.

14.9 If cargo is being loaded or unloaded by crew of the ship, the master of the ship is taken to be the person in charge.