17ALoading and unloading — employment of seafarers

17A Loading and unloading — employment of seafarers

  For paragraph 94(1)(b) of the Navigation Act, the requirements are:

(a) the master agrees to the seafarer loading or unloading the vessel; and

(b) a risk assessment is undertaken to ensure that the vessel can be loaded or unloaded in accordance with this Order.

[16] After subsection 18.7

 18.8 An offence against subsection 18.1, 18.4, 18.5, 18.6 or 18.7 is a strict liability offence.

 18.9 A person is liable to a civil penalty if the person contravenes subsection 18.1, 18.4, 18.5, 18.6 or 18.7.

[17] After section 19

 19.2 An offence against subsection 19.1 is a strict liability offence.

 19.3 A person is liable to a civil penalty if the person contravenes subsection 19.1.

[18] After subsection 24.1

 24.1A An offence against subsection 24.1 is a strict liability offence.

 24.1B A person is liable to a civil penalty if the person contravenes subsection 24.1.

[19] After subsection 24.2

 24.2A An offence against subsection 24.2 is a strict liability offence.

 24.2B A person is liable to a civil penalty if the person contravenes subsection 24.2.

[20] After subsection 25.1

 25.1A An offence against subsection 25.1 is a strict liability offence.

 25.1B A person is liable to a civil penalty if the person contravenes subsection 25.1.

[21] After subsection 30.3

 30.3A An offence against subsection 30.1, 30.2 or 30.3 is a strict liability offence.

 30.3B A person is liable to a civil penalty if the person contravenes subsection 30.1, 30.2 or 30.3.

[22] After subsection 32.3

 32.4 An offence against subsection 32.2 or 32.3 is a strict liability offence.

 32.5 A person is liable to a civil penalty if the person contravenes subsection 32.2 or 32.3.

[23] After section 36

 36.2 An offence against subsection 36.1 is a strict liability offence.

 36.3 A person is liable to a civil penalty if the person contravenes subsection 36.1.

[24] Other amendments

| Subsections 4.1(a)(i), (ii) and (iii) | ships, off-shore industry vessels and off-shore industry mobile units | vessels | | Paragraph 4.1(a)(iv) | off-shore industry mobile units | vessels | | Subsection 4.2 | ship | vessel | | Subsection 4.2 | ships | vessels | | Section 6, definition of bulk carrier | ship | vessel | | Section 6, definition of cargo space | ship | vessel | | Section 6, definition of competent person, subparagraph (a)(ii) | classification society | recognised organisation | | Section 6, definition of competent person, sub-subparagraph (b)(i)(A) | ship’s | vessel’s | | Section 6, definition of competent person, sub-subparagraph (b)(i)(A) | ship | vessel | | Section 6, definition of competent person, sub-subparagraph (b)(i)(C) | classification society | recognised organisation | | Section 6, definition of competent person, subparagraph (b)(ii) | ship | vessel | | Section 6, definition of competent person, subparagraph (b)(ii) | crew member | seafarer | | Section 6, definition of duty surveyor | surveyor | inspector | | Section 6, definition of duty surveyor | a surveyor | an inspector | | Section 6, definition of lifting appliance | ship | vessel | | Section 6, definitions of loading, operator, owner, self unloading system and shipborne barge | ship | vessel | | Section 6, definition of operator | shipowner | owner | | Section 6, definition of ship equipment | a ship | a vessel | | Section 6, definitions of solid bulk cargo and unloading | ship | vessel | | Paragraph 8(1)(a) | ship | vessel | | Paragraph 8(1)(b) | ship to which Part II of the Navigation Act applies | regulated Australian vessel | | Section 9 to 12 | ship | vessel | | Subsection 9.1 | (Administration) | (Administration) 2011 | | Subsection 9.2.1 | ships | vessels | | Subsection 9.2.2 | surveyor | inspector | | Division 2, heading | surveyors | inspectors | | Subsections 10.1 and 10.2 | a surveyor | an inspector | | Subsections 10.1 and 10.2 | This is a penal provision. | Penalty:   50 penalty units. | | Subsection 11.1 | a surveyor | an inspector | | Subsection 11.3 | This is a penal provision. | Penalty:   50 penalty units. | | Paragraph 11.3(b) | a surveyor | an inspector | | Section 12 | A surveyor | An inspector | | Subsection 13.1 | ship | vessel | | Subsections 13.1 and 13.2 | a surveyor | an inspector | | Subsections 13.2, 14.2 and 14.3 | This is a penal provision. | Penalty:   50 penalty units. | | Subsection 13.2, note | an Australian ship | a regulated Australian vessel | | Subsections 14.1 to 14.9 | ship | vessel | | Subsection 14.9 | crew of the ship, the master of the ship | seafarers of the vessel, the master of the vessel | | Section 15 to 17 | ship | vessel | | Subsection 15.3 | This is a penal provision. | Penalty:   50 penalty units. | | Section 16 | A | 16.1 A | | Sections 16 and 17 | This is a penal provision. | Penalty:   50 penalty units. | | Section 17 | The | 17.1 The | | Section 18 | the ship | the vessel | | Section 18 | ship’s | vessel’s | | Subsection 18.1 | This is a penal provision. | Penalty:   50 penalty units. | | Paragraphs 18.3(b) and 18.4(a) | member of the crew | seafarer | | Subsection 18.4 | This is a penal provision. | Penalty:   50 penalty units. | | Subsection 18.5 | member of the crew of the ship | seafarer of the vessel | | Subsections 18.5, 18.6 and 18.7 | This is a penal provision. | Penalty:   50 penalty units. | | Section 19 | The | 19.1 The | | Sections 19 to 23 | ship | vessel | | Section 19 | This is a penal provision. | Penalty:   50 penalty units. | | Section 23, heading | ships | vessels | | Subsection 23.1 | 23.2 | subsection 23.2 | | Subsection 23.2 | ship’s | vessel’s | | Subsection 23.2 | Orders, Part 21 (Safety of navigation and emergency procedures) | Order 21 (Safety of navigation and emergency procedures)  2012 | | Subsection 23.6, note | ships | vessels | | Subsections 24.1 and 24.2 | This is a penal provision. | Penalty:   50 penalty units. | | Sections 24 to 26, 28 and 30 | ship | vessel | | Subsection 25.1 | This is a penal provision. | Penalty:   50 penalty units. | | Subsections 30.1, 30.2 and 30.3 | This is a penal provision. | Penalty:   50 penalty units. | | Subsection 32.1 | surveyor | inspector | | Subsection 32.2 | a ship | a vessel | | Subsection 32.2 | ship board equipment | equipment on board the vessel | | Subsections 32.2 and 32.3 | a surveyor | an inspector | | Subsections 32.2 and 32.3 | This is a penal provision. | Penalty:   50 penalty units. | | Division 7, heading | ships’ | vessels’ | | Sections 33 and 34 | ship | vessel | | Section 34 | ship’s | vessel’s | | Section 36 | A | 36.1 A | | Section 36 | This is a penal provision. | Penalty:   50 penalty units. | | Sections 37 to 39 | ship | vessel | | Schedule 1, subclauses 1.1, 1.2 and 1.6 | ship | vessel | | Schedule 1, subclause 1.6, note | ships | vessels | | Schedule 1, clauses 2 and 3 | ship | vessel | | Schedule 1, paragraph 3.6(d) | more that | more than | | Schedule 1, subclause 4.2.1.5 | ship | vessel | | Schedule 1, paragraph 4.3(d) | ship | vessel | | Schedule 1, clause 5 | ship | vessel | | Schedule 2, clauses 3 and 5 | ship | vessel | | Schedule 2, clause 6, heading | ships | vessels | | Schedule 2, clause 6 | ship | vessel | | Schedule 2, clause 7, heading | ships | vessels | | Schedule 2, clauses 7, 8, 11 and 12 | ship | vessel | | Schedule 2, subclause 13.1.2 | ships | vessels | | Schedule 2, subclause 13.2.3 | ship | vessel | | Schedule 2, subclause 14.2.2 | ships | vessels | | Schedule 2, paragraph 14.3.1(f) | ship | vessel | | Schedule 2, subclause 14.4.2 | ship’s | vessel’s | | Schedule 2, subclause 14.5.3, note | ships | vessels | | Schedule 2, subclause 15.2.3, example 1, subparagraph (d)(iv) | a surveyor | an inspector | | Schedule 2, subclause 15.2.5 | ship’s | vessel’s | | Schedule 2, subclause 15.2.12 | ships | vessels | | Schedule 2, subclause 15.2.14 | ship | vessel | | Schedule 2, subclause 15.2.14 | ship’s | vessel’s | | Schedule 3, subclause 1.1 | ship | vessel | | Schedule 4, clause 1 | a ship | a vessel | | Schedule 4, clauses 1 to 3 | the ship | the vessel | | Schedule 4, subparagraph 1.2(b)(i) | classification society | recognised organisation | | Schedule 4, subclause 8.1.1 and 8.4.1 | ships | vessels | | Schedule 4, subclause 8.3.2 | classification society | recognised organisation | | Schedule 6, paragraph 1.3(d) | surveyor | inspector | | Schedule 6, paragraph 1.4(b) | classification society | recognised organisation | | Schedule 6, paragraph 1.4(c) | ship | vessel | | Schedule 6, subclause 6.1 | A ship | A vessel | | Schedule 6, paragraph 6.1(b) | ship | vessel | | Schedule 6, subclauses 6.1 and 6.3 | ship’s | vessel’s | | Schedule 6, subclauses 6.3, 6.4 and 6.6 | ship | vessel | | Schedule 6, paragraph 6.4(d) | Orders, Part 21 (Safety of navigation and emergency procedures) | Orders 21 (Safety of navigation and emergency procedures) 2012 | | Schedule 6, subclause 6.6 | ship’s | vessel’s | | Schedule 6, clauses 7 and 8 | ship | vessel | | Schedule 6, paragraphs 8(a) and (c) | survey authority or classification society | recognised organisation | | Schedule 6, clause 11 | mobile offshore drilling unit | offshore industry mobile unit | | Schedule 6, clause 13 | ship’s | vessel’s | | Schedule 7, subclause 1.3 | ship’s | vessel’s | | Schedule 7, subclause 1.3 | ship | vessel | | Schedule 7, subclauses 2.4.1 and 2.4.2 | ship’s | vessel’s | | Schedule 7, subclause 2.4.2 | ship | vessel | | Schedule 7, subclause 2.4.5 | ship’s | vessel’s | | Schedule 7, subclause 2.4.7 | ship | vessel | | Schedule 7, subclause 3.6 | ship | vessel | | Schedule 8, clauses 2 and 3 | ship | vessel | | Schedule 8, clause 3 | ship’s | vessel’s | | Schedule 8, clause 4 | ship | vessel | | Schedule 8, clause 6 | ship’s | vessel’s | | Schedule 9, paragraph 1.1(b) | ship’s | vessel’s | | Schedule 10, subclause 3.2 | a surveyor | an inspector | | Schedule 11, Forms MO 32/1 and 32/2 | Ship | Vessel | | Schedule 11, Forms MO 32/1, 32/2, 32/3 and 32/4 | Marine Order 32 (Cargo Handling Equipment) | Marine Order 32 (Cargo Handling Equipment) 2011 |