5A.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
5A.3 The decision maker may give an exemption only if he or she is satisfied that:
(a) requiring compliance with the requirement would be unreasonable; and
A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
7 Requirements for dangerous goods and their packing, stowing and carriage
For subsection 112(6) of the Navigation Act, packing, stowing and carriage of dangerous goods must comply with the following requirements:
(a) Parts A and D of Chapter VII of SOLAS;
(b) the provisions of the IMDG Code that are expressed by the Code to be mandatory;
(c) Schedule 1;
(d) for goods to which the INF Code applies — the INF Code.
Note 1 There may be additional requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009, which give effect to the dangerous goods aspects of MARPOL.
Note 2 Section 267 of the Navigation Act provides that an inspector may give a prohibition notice to the responsible person of a vessel about an activity involving a serious risk to the health or safety of a person.
Note 3 If a vessel is required by SOLAS II-2/54.3 or SOLAS II-2/19.4, as appropriate, to carry a Document of Compliance for the carriage of dangerous goods, dangerous goods not carried in accordance with the Document of Compliance may be regarded as endangering the safety of the vessel.
Note 4 See section 11 for further information about the powers of inspectors under section 260 of the Navigation Act to inspect vessels, premises and documentation. Failure to take reasonable steps to facilitate the boarding of a vessel by an inspector is an offence under subsection 258(4) of the Navigation Act.
Note 5 Division 4 of Chapter 3 of the Navigation Act sets out various offences in relation to dangerous goods.
[14] Subsection 9.1.1, including the note
9.1.1 For subsection 119(1) of the Navigation Act, this section specifies the following matters about the notice of intention to ship dangerous goods that is required to be given before any dangerous goods are shipped in a vessel:
(a) the manner of giving the notice;
(b) the person to whom the notice must be given.
Note Subsection 119(2) of the Navigation Act provides that contravention of subsection 119(1) of the Navigation Act is an offence with a penalty of imprisonment for 12 months or 60 penalty units, or both.
[15] After subsection 9.1.5
9.1.5A An offence against subsection 9.1.5 is a strict liability offence.
9.1.5B A person is liable to a civil penalty if the person contravenes subsection 9.1.5.
[16] After subsection 9.1.7
9.1.8 An offence against subsection 9.1.7 is a strict liability offence.
9.1.9 A person is liable to a civil penalty if the person contravenes subsection 9.1.7.
[17] After subsection 10.1
10.1.2 An offence against subsection 10.1.1 is a strict liability offence.
10.1.3 A person is liable to a civil penalty if the person contravenes subsection 10.1.1.
[18] After subsection 10.2
10.2.2 An offence against subsection 10.2.1 is a strict liability offence.
10.2.3 A person is liable to a civil penalty if the person contravenes subsection 10.2.1.
[19] After subsection 10.3
10.3.2 An offence against subsection 10.3.1 is a strict liability offence.
10.3.3 A person is liable to a civil penalty if the person contravenes subsection 10.3.1.
[20] Subsection 11.1, note
Note To enable AMSA to carry out this function, under section 260 of the Navigation Act, inspectors have wide powers to inspect vessels, premises and documentation. Failure to take reasonable steps to facilitate the boarding of a vessel by an inspector is an offence under subsection 258(4) of the Navigation Act.
[21] After section 11
11.7 An offence against subsection 11.3 or 11.6 is a strict liability offence.
11.8 A person is liable to a civil penalty if the person contravenes subsection 11.3 or11.6.
[22] After section 12
12.3 An offence against subsection 12.1 or 12.2 is a strict liability offence.
12.4 A person is liable to a civil penalty if the person contravenes subsection 12.1 or 12.2.
[23] After section 13
13.3 An offence against subsection 13.1 or 13.2 is a strict liability offence.
13.4 A person is liable to a civil penalty if the person contravenes subsection 13.1 or 13.2.
[24] After section 13
14 Carrying dangerous goods in packaged form or in solid form in bulk — certificates
14.1 The master of a vessel must not permit dangerous goods in packaged form or in solid form in bulk to be loaded onto a vessel if each certificate mentioned in subsection 14.5 is not in force for the vessel.
14.2 The owner of a vessel must ensure that dangerous goods in packaged form or in solid form in bulk are not loaded onto the vessel if each certificate mentioned in subsection 14.5 is not in force for the vessel.
14.3 An offence against subsection 14.1 or 14.2 is a strict liability offence.
14.4 A person is liable to a civil penalty if the person contravenes subsection 14.1 or 14.2.
14.5 For subsections 14.1 and 14.2, the certificates are:
(a) a Cargo Ship Safety Construction Certificate mentioned in Marine Order 31 (Ship surveys and certification) 2006; and
(b) a document of compliance to carry dangerous goods, in accordance with Regulation 19.4 of Chapter II-2 of SOLAS.
14.6 For subsection 99(1) of the Navigation Act, each kind of certificate mentioned in subsection 14.5 is a safety certificate.
14.7 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a safety certificate mentioned in subsection 14.5 for a regulated Australian vessel are:
(a) for a Cargo Ship Safety Construction Certificate — the criteria mentioned for the certificate in Marine Order 31 (Ship surveys and certification) 2006; and
(b) for a document of compliance to carry dangerous goods:
(i) the criteria mentioned in paragraph (a); and
(ii) that the vessel is suitable for carriage of the classes of dangerous goods mentioned in tables 19.1, 19.2 and 19.3 of Regulation 19 of Chapter II-2 of SOLAS; and
(iii) that the vessel complies with the IMDG Code and the IMSBC Code for the substances, materials or articles that it is to carry.
14.8 For paragraph 314(3)(h) of the Navigation Act, a safety certificate mentioned in subsection 14.5 ceases to be in force at the earlier of:
(a) the end of the period mentioned in the certificate; or
(b) when it is revoked.
14.9 For subsection 101(1) of the Navigation Act, the criteria for variation of a safety certificate mentioned in subsection 14.5 are the criteria mentioned in paragraph 23(b) of Marine Order 31 (Ship surveys and certification) 2006.
14.10 For subsection 102 of the Navigation Act, the criteria for revocation of a safety certificate mentioned in subsection 15.5 are the criteria mentioned in paragraph 23(c) of Marine Order 31 (Ship surveys and certification) 2006.
[25] Further amendments — definitions
Each definition in section 2 (other than the definitions of IMDG Code and person in charge) is amended by:
(a) for definitions other than the definition of underdeck space — omitting the concluding semi-colon and inserting a full stop; and
[26] Further amendments
| Paragraph 1.1 | Part of Marine Orders | Order |
| Subparagraph 1.1(a)(ii) | ships | vessels |
| Subsection 1.2.1 | Section 191 of the Navigation Act provides | Paragraphs 98(2)(a) and 340(1)(a) of the Navigation Act provide |
| Subsection 1.2.2 | 425 (1) | 339(1) |
| Section 2, opening words | Part | Order |
| Section 2, definition of accepted training course | Inspections | Inspection and Registration |
| Section 2, definition of accepted training course | Part | Order |
| Section 2, definition of INF Code, note 1 | ships | vessels |
| Section 2, definition of INF Code, note 1 | ship | vessel |
| Subsection 3.2 | Part | Order |
| Subsection 3.3 | this Part | this Order |
| Subsection 3.4 | Part | Order |
| Subsection 4.1 | 4.2 | subsection 4.2 |
| Paragraph 4.1(b) | ships | vessels |
| Paragraph 4.2(a) | ship | vessel |
| Subsection 8.2, note 2 | Inspections | Inspection and Registration |
| Subsection 9.1.2 | ship | vessel |
| Paragraph 9.1.2(c) | a surveyor | an inspector |
| Paragraph 9.1.2(c) | the surveyor | the inspector |
| Subsection 9.1.2, note 3 | Part | Order |
| Subsection 9.1.2, note 3 | provision | section |
| Subsection 9.1.3 | provision | subsection |
| Subparagraph 9.1.3(a)(ii) | ship | vessel |
| Paragraph 9.1.3(b) | ship | vessel |
| Paragraph 9.1.3(c) | a surveyor | an inspector |
| Paragraph 9.1.3(c) | the surveyor | the inspector |
| Subsection 9.1.4 | ship | vessel |
| Subsection 9.1.5 | a surveyor | an inspector |
| Subsection 9.1.5 | provision | subsection |
| Subsection 9.1.5 | ship | vessel |
| Subsection 9.1.5 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 9.1.5, note 1 | ship’s | vessel’s |
| Subsection 9.1.5, note 1 | surveyor | inspector |
| Subsection 9.1.6 | 9.1.5 | subsection 9.1.5 |
| Section 9.1.6 | ship | vessel |
| Paragraph 9.1.6(b) | ship’s | vessel’s |
| Subsection 9.1.7 | a surveyor | an inspector |
| Subsection 9.1.7 | ship | vessel |
| Subsection 9.1.7 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 9.2.2 | Provision | Subsection |
| Subsection 9.2.3 | provision | subsection |
| Paragraph 9.2.3(b) | a surveyor | an inspector |
| Paragraph 9.2.3(b) | the surveyor | the inspector |
| Subsection 10.1 | If | 10.1.1 If |
| Subsection 10.1 | ship | vessel |
| Paragraph 10.1(b) | a surveyor | an inspector |
| Subsection 10.1 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 10.1, note 1 | in this provision | mentioned in this subsection |
| Subsection 10.1, note 1 | Marine Orders Part 32 (Cargo Handling Equipment). | Marine Order 32 (Cargo Handling Equipment) 2011. |
| Subsection 10.2 | If | 10.2.1 If |
| Subsection 10.2 | ship | vessel |
| Subsection 10.2 | a surveyor | an inspector |
| Subsection 10.2 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 10.3 | If | 10.3.1 If |
| Subsection 10.3 | board ship | board a vessel |
| Subsection 10.3 | ship | vessel |
| Subsection 10.3 | This is a penal provision. | Penalty: 50 penalty units. |
| Section 11 | A surveyor | An inspector |
| Section 11 | a surveyor | an inspector |
| Subsection 11.3 | 11.2 | subsection 11.2 |
| Subsection 11.3 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 11.4 | ship | vessel |
| Subsection 11.5 | ship | vessel |
| Subsection 11.5 | the surveyor | the inspector |
| Subsection 11.6 | ship | vessel |
| Subsection 11.6 | provision | subsection |
| Subsection 11.6 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 12.1 | operator | owner |
| Subsection 12.1 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 12.1, note | provision | section |
| Subsection 12.2 | ship’s operator | vessel’s owner |
| Subsection 12.2 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 13.1, note | Marine Orders Part 94 (Marine Pollution Prevention —Packaged Harmful Substances) | Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009 |
| Subsection 13.1, note | provision | subsection |
| Subsection 13.1 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 13.2 | provision | subsection |
| Subsection 13.2 | This is a penal provision. | Penalty: 50 penalty units. |
| Appendix 1, clause 1 | Appendix | Schedule |
| Appendix 1, clause 1 | ship | vessel |
| Appendix 1, subclause 3.2 | Inspections | Inspection and Registration |
| Appendix 1, subclause 5.1.1, definition of authorized body | survey authority | recognised organisation |
| Appendix 1, subclause 5.1.1, definitions of national material standards and recognised pressure vessel code | Inspections | Inspection and Registration |
| Appendix 1, subclause 5.2 | this Part | this Order |
| Appendix 1, paragraph 5.2(a) | Marine Orders Part 44 (Safe Containers) | Marine Order 44 (Safe containers) 2002 |
| Appendix 1, paragraph 5.2(b) | Marine Orders Part 32 (Cargo Handling Equipment) | Marine Order 32 (Cargo handling equipment) 2011 |
| Appendix 1, subclause 7.2.1 | a surveyor | an inspector |
| Appendix 1, subclause 7.2.2 | a surveyor | an inspector |
| Appendix 1, subclause 7.2.3 | Inspections | Inspection and Registration |
| Appendix 1, subclause 7.2.3, note 3 | a surveyor | an inspector |
| Appendix 1, subclause 7.3 | a surveyor | an inspector |
| Appendix 1, subclause 7.3 | Inspections | Inspection and Registration |
| Appendix 1, subclause 8.1 | ship | vessel |
| Appendix 1, paragraph 8.2.2 (b) | a surveyor | an inspector |
| Appendix 1, subclause 8.3.1 | ship | vessel |