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Section 1 - Marine Order 4 (Transitional modifications) 2013 - Purpose | Zoe

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Marine Order 4 (Transitional modifications) 2013

1Purpose

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1 Purpose

This Order gives effect to the Container Convention.

1B.1 Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Navigation Act.

1B.2 Paragraph 340(1)(f) of the Navigation Act provides for the regulations to give effect to the Container Convention.

1B.3 Subsection 342(1) of the Navigation Act provides for the making of orders for matters that can be made by the regulations.

[2] Section 2, definition of authorised organisation, note

Note A recognised organisation may be an authorised organisation.

[3] Section 2, definitions of dangerous goods, surveyor and the Container Convention

omit

[4] Section 2, note at the foot

Note 1 Some terms used in this Order are defined in Marine Order 1(Administration) 2011, including:

• Navigation Act

• Manager, Ship Inspection and Registration

• General Manager, Ship Safety Division.

• AMSA

• Container Convention

• dangerous goods

• inspector

• seafarer.

[5] Subsection 6.2

omit

[6] After subsection 9.2.1

[7] After subsection 9.2.3

9.2.3A An offence against subsection 9.2.3 is a strict liability offence.

9.2.3B A person is liable to a civil penalty if the person contravenes subsection 9.2.3.

[8] After subsection 9.3.1

9.3.1A An offence against subsection 9.3.1 is a strict liability offence.

9.3.1B A person is liable to a civil penalty if the person contravenes subsection 9.3.1.

[9] After subsection 9.3.2

9.3.2A An offence against subsection 9.3.2 is a strict liability offence.

9.3.2B A person is liable to a civil penalty if the person contravenes subsection 9.3.2.

[10] After subsection 9.3.4

9.3.4A An offence against subsection 9.3.4 is a strict liability offence.

9.3.4B A person is liable to a civil penalty if the person contravenes subsection 9.3.4.

[11] After subsection 9.3.5

9.3.5A An offence against subsection 9.3.5 is a strict liability offence.

9.3.5B A person is liable to a civil penalty if the person contravenes subsection 9.3.5.

| provision | omit each mention of | insert | | | Section 1A | 44, issue 5 | 44 (Safe containers) 2006 | | | Section 2, definition of cargo | cargo | container cargo | | | Section 2, definitions of international sea transport, inter-State sea transport, and loaded on to a ship | ship | vessel | | | Section 2, definition of maximum operating gross mass | cargo | container cargo | | | Section 2, definition of unloaded from a ship | ship | vessel | | | Subsection 3.1 | surveyor | inspector | | | Subsection 4.4 | ship | vessel | | | Section 6 | (Administration) | (Administration) 2011 | | | Subsection 6.1 | Maritime Operations | Ship Safety | | | Subsection 9.2.1 | This is a penal provision. | Penalty: 50 penalty units. | | | Subsection 9.2.2 | 9.2.1 | subsection 9.2.1 | | | Subsections 9.2.3 and 9.3.1 | This is a penal provision. | Penalty: 50 penalty units. | | | Subsections 9.3.1 and 9.3.2 | 9.3.3 | subsection 9.3.3 | | | Subsection 9.3.2 | This is a penal provision. | Penalty: 50 penalty units. | | | Subsection 9.3.3 | authorised | recognised | | | Subsection 9.3.4 | 9.3.2 | subsection 9.3.2 | | | Subsection 9.3.4 | 9.2.2 | subsection 9.2.2 | | | Subsections 9.3.4 and 9.3.5 | This is a penal provision. | Penalty: 50 penalty units. | | | Subsection 9.3.6 | 9.3.3 | subsection 9.3.3 | | | Subsection 10.1.2 | 10 | this section | | | Subsection 10.2.1 | 10.3 | subsection 10.3 | | | Subsections 10.2.1 and 10.2.2 | ship | vessel | | | Subsection 10.2.1 | This is a penal provision. | Penalty: 50 penalty units. | | | Subsection 10.2.2 | a surveyor | an inspector | | | Subsection 10.2.2 | the surveyor | the inspector | | | Subsections 10.2.2 and 10.2.3 | 10.2.1(e) | paragraph 10.2.1(e) | | | Subsection 10.2.3 | 10.2.2 | subsection 10.2.2 | | | Subsection 10.3, heading | Surveyor | Inspector | | | Subsection 10.3.1 | a surveyor | an inspector | | | Subsection 10.3.1 | 10.2.1 | subsection 10.2.1 | | | Subsection 10.3.1 | ship | vessel | | | Subsection 10.3.1 | the surveyor | the inspector | | | Subsection 10.3.2 | a surveyor | an inspector | | | Subsection 10.3.2 | 10.3.1 | subsection 10.3.1 | | | Subsections 10.3.2, 10.4 and 10.5 | This is a penal provision. | Penalty: 50 penalty units. | | | Paragraph 10.5(c) | 8.6.1 | subsection 8.6.1 | | | Subsection 10.6 | This is a penal provision. | Penalty: 50 penalty units. | | | Subsection 10.8 | ship | vessel | | | Schedule 1, subclause 2.2 | 9.3.6 | subsection 9.3.6 | | | Schedule 2, clauses 5 and 7 | 6 | clause 6 | | | Schedule 2, clause 6 | ship | vessel | | | Schedule 2, clause 7 | 5 | clause 5 | |