1.2.1 Paragraph 340(1)(a) of the Navigation Act provides for regulations to give effect to SOLAS.
1.2.2 Subsection 112(5) of the Navigation Act provides that regulations may make provision for the loading, stowing or carriage of cargo in vessels, the unloading of cargo from vessels, and the giving of notices for the loading, or unloading, stowage or carriage of cargo into vessels.
1.2.3 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 Act.
1.2.4 Subsection 342(1) of the Navigation Act provides that AMSA may make orders about any matter for which provision must or may be made by regulations.
[2] Section 2, definition of IMDG Code
Note The IMDG Code as currently in force is available from the IMO — see http://www.imo.org. Information about the IMDG Code as currently in force is available in a Marine Notice on AMSA’s website at http://www.amsa.gov.au.
[3] Section 2, definition of IMSBC Code, including the note
IMSBC Code means:
(a) the International Maritime Solid Bulk Cargoes Code 2012 edition and Supplement, published by the IMO, or if that edition has been superseded — the latest edition of that document; and
(b) the additional requirements mentioned in Schedule 1.
[4] Section 2, definitions of operator and surveyor
omit
[5] Section 2, notes 2 to 4
Pollution Prevention Act
International Maritime Dangerous Goods Code
marine order
Note 4 There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA’s website at http:/www.amsa.gov.au or by email at international relations@amsa.gov.au.
[6] Section 2, notes 4 and 5
omit
[7] Section 4
(1) This Order applies to the loading, stowing, carriage and unloading of solid bulk cargoes in:
(iii) in the territorial sea of Australia, other than in the course of innocent passage.
(2) Section 15 also applies to any other vessel to which Part A-1 of Chapter VII of SOLAS applies.
[8] After subsection 5.4
5.5 An offence against subsection 5.3 or 5.4 is a strict liability offence.
5.6 A person is liable to a civil penalty if the person contravenes subsection 5.3 or 5.4.
[9] Section 6
A decision under this Order, other than a decision made under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note A decision made under section 5 is a reviewable decision because it is mentioned in section 16 of Marine Order 1 (Administration) 2011.
[10] After subsection 7.6
7.7 An offence against subsection 7.1, 7.2, 7.4 or 7.6 is a strict liability offence.
7.8 A person is liable to a civil penalty if the person contravenes subsection 7.1, 7.2, 7.4 or 7.6.
[11] After subsection 7A.3
7A.4 An offence against subsection 7A.3 is a strict liability offence.
7A.5 A person is liable to a civil penalty if the person contravenes subsection 7A.3.
[12] After subsection 7B.8
7B.8A An offence against subsection 7B.1, 7B.2, 7B.3, 7B.6, 7B.7 or 7B.8 is a strict liability offence.
7B.8B A person is liable to a civil penalty if the person contravenes subsection 7B.1, 7B.2, 7B.3, 7B.6, 7B.7 or 7B.8.
[13] After subsection 8.8
8.9 An offence against subsection 8.8 is a strict liability offence.
8.10 A person is liable to a civil penalty if the person contravenes subsection 8.9.
[14] After subsection 8A.4
8A.5 An offence against subsection 8A.4 is a strict liability offence.
8A.6 A person is liable to a civil penalty if the person contravenes subsection 8A.4.
[15] After subsection 9.1.3
9.1.4 An offence against subsection 9.1.1, 9.1.2 or 9.1.3 is a strict liability offence.
9.1.5 A person is liable to a civil penalty if the person contravenes subsection 9.1.1, 9.1.2 or 9.1.3.
[16] After subsection 10.2
10.3 An offence against subsection 10.2 is a strict liability offence.
10.4 A person is liable to a civil penalty if the person contravenes subsection 10.2.
[17] After subsection 11.1
11.1A An offence against subsection 11.1 is a strict liability offence.
11.1B A person is liable to a civil penalty if the person contravenes subsection 11.1.
[18] Subsection 11.3, heading
11.3 Approvals for regulated Australian vessels
[19] After subsection 12.2
12.3 An offence against subsection 12.2 is a strict liability offence.
12.4 A person is liable to a civil penalty if the person contravenes subsection 12.2.
[20] After subsection 13.1.5
13.1.6 An offence against subsection 13.1.3 or 13.1.5 is a strict liability offence.
13.1.7 A person is liable to a civil penalty if the person contravenes subsection 13.1.3 or 13.1.5.
[21] After subsection 13.3.3
13.3.4 An offence against subsection 13.3.3 is a strict liability offence.
13.3.5 A person is liable to a civil penalty if the person contravenes subsection 13.3.3.
[22] After subsection 13.4.3
13.4.4 An offence against subsection 13.4.3 is a strict liability offence.
13.4.5 A person is liable to a civil penalty if the person contravenes subsection 13.4.6.
[23] After subsection 14.3
14.4 An offence against subsection 14.3 is a strict liability offence.
14.5 A person is liable to a civil penalty if the person contravenes subsection 14.3.
[24] Subsection 15.2
omit
ship mentioned in provision 15.1
vessel
[25] After subsection 15.2
15.3 An offence against subsection 15.1 or 15.2 is a strict liability offence.
15.4 A person is liable to a civil penalty if the person contravenes subsection 15.1 or 15.2.
[26] Further amendments
| Section 1A | Orders Part 34, issue 6. | Order 34 (Solid bulk cargoes) 2007. |
| Section 2, definition of terminal representative, note 1 | Marine Orders, Part 32 | Marine Order 32 (Cargo handling equipment) 2011 |
| Section 2 | ship | vessel |
| Subsections 3.4 and 3.5 | ship registered in Australia | regulated Australian vessel |
| Subsection 3.5 | survey authority | recognised organisation |
| Subsection 5.1 | (Administration). | (Administration) 2011. |
| Subsections 5.3, 5.4, 7.1, 7.2, 7.4 and 7.6 | This is a penal provision. | Penalty: 50 penalty units. |
| Section 7 | ship’s | vessel’s |
| Subsection 7.1 | operator | owner |
| Sections 7A, 7B, 8, 8A and 9 | ship | vessel |
| Subsections 7A.1, 7B.1, 7B.4, 7B.5, 7B.6, 7B.7, 7B.10, 8.4 and 9.1.2 | provision | subsection |
| Subsections 7A.3, 7B.1 to 7B.3, 7B.6 to 7B.8, 8.8, 8A.4 and 9.1.1 to 9.1.3 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsections 7A.3, 7B.10, 8.1, 8.2, 8.5 and 8.7 | surveyor | inspector |
| Subsection 8.3 | ships | vessels |
| Subsection 8A.2 | Order 1 | Order 1 (Administration) 2011 |
| Subsection 10.1 | ship registered in Australia | regulated Australian vessel |
| Subsection 10.1 | provision applies | section applies |
| Paragraph 10.1(b) | provision | subsection |
| Subsections 10.2 and 11.1 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 10.2 | ship | vessel |
| Subsection 11.3.1 | an Australian registered ship | a regulated Australian vessel |
| Sections 11, 12, 13, 14 and 16 | ship | vessel |
| Subsection 11.2 | Provision | Subsection |
| Subsection 11.3.2 | (Administration) | (Administration) 2011 |
| Subsection 11.3.2 | master, owner or operator | master or owner |
| Subsections 11.3.2, 12.2 and 15.2 | provision | subsection |
| Subsection 11.3.3 | (Administration) | (Administration) 2011 |
| Subsections 12.2, 13.1.3, 13.1.5, 13.3.3, 13.4.3, 14.3, 15.1 and 15.2 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 13.1.1 | A surveyor | An inspector |
| Subsection 13.1.2 | 13.1.1 | subsection 13.1.1 |
| Subsection 13.1.3 | 13.1.1 | subsections 13.1.1 |
| Subsections 13.1.2, 13.1.3, 13.1. 4, 13.4.1 and 14.1 | a surveyor | an inspector |
| Subsections 13.1.2, 13.1.4 and 14.1 | the surveyor | the inspector |
| Subsection 13.3.1 | 13.1 | subsection 13.1 |
| Subsection 13.3.2 | 13.3.1 | subsection 13.3.1 |
| Subsection 13.3.3 | 13.3.2 | subsection 13.3.2 |
| Subsection 13.4.2 | 13.4.1 | subsection 13.4.1 |
| Subsection 13.4.3 | 13.4.2 | subsection 13.4.2 |
| Subsection 14.2 | 14.1 | subsection 14.1 |
| Subsection 14.3 | 14.2 | subsection 14.2 |
| Subsection 15.1 | ship to which Part VI of the Navigation Act applies | vessel |
| Subsection 15.1 | the ship must | the vessel must |
| Subsection 15.2 | ship | vessel |
| Subsection 15.2 | provision | subsection |
| Subsection 15.2 | operator | owner |
| Section 16 | ship’s | vessel’s |
| Schedule reference | provision | section |