Sch 17Marine Orders Part 32, issue 3

Schedule 17 Marine Orders Part 32, issue 3

  This Order is Marine Order 32 (Cargo handling equipment) 2011.

 5.1 Subsection 112(5) of the Navigation Act provides for regulations dealing with loading, stowing or carriage of cargo in vessels and unloading of cargo from vessels.

Note   Section 114 provides that a person who contravenes subsection 114(1) is punishable on conviction by imprisonment for up to 5 years and a fine of up to 300 penalty units.

 5.2 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.

 5.3 Paragraph 339(2)(b) of the Navigation Act provides for regulations dealing with machinery and equipment to be carried on board vessels.

 5.4 Paragraph 339(2)(c) provides for regulations dealing with operating, maintaining, checking and testing of the machinery and equipment.

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

[3] Section 6, definitions of AMSA, cargo, container and dangerous goods

omit

[4] Section 6, definition of IMDG Code

Note   International Maritime Dangerous Goods Code is defined in the Navigation Act.  On 30 June 2013 the latest edition of the IMDG Code was the 2010 edition.

[5] Section 6, notes 1 to 3

• offshore industry mobile unit.

• cargo

• container

• dangerous goods

• port

Note 3   Recognised organisations are listed in Marine Order 1 (Administration) 2011.

[6] Paragraph 8(1)(c), note

omit

[7] After subsection 10.1

 10.1A An offence against subsection 10.1 is a strict liability offence.

 10.1B A person is liable to a civil penalty if the person contravenes subsection 10.1.

[8] After subsection 10.2

 10.2B A person is liable to a civil penalty if the person contravenes subsection 10.2.

[9] After subsection 11.3

 11.4 An offence against subsection 11.3 is a strict liability offence.

 11.5 A person is liable to a civil penalty if the person contravenes subsection 11.3.

[10] After subsection 13.2

 13.3 An offence against subsection 13.2 is a strict liability offence.

 13.4 A person is liable to a civil penalty if the person contravenes subsection 13.2.