Marine Order 43 (Cargo and cargo handling — livestock) 2018
17Proper precautions
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17 Proper precautions
(1) This section applies if AMSA believes, on reasonable grounds, that the doing of an activity or the failure to do an activity during the loading or unloading, stowage or carriage of livestock on a vessel, may:
(a) damage the vessel; or
(b) pose a risk to the safety of persons or the proper carriage of livestock; or
(c) damage the environment.
(2) AMSA may give a written notice to a person requiring:
(a) that the doing of an activity is to cease; or
(b) that precautions specified in the notice are to be undertaken.
(3) A person who is given a notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.
Note 1 Section 114 of the Navigation Act provides that a person commits an offence if proper precautions are not taken for an activity involving packing, sending, stowing, loading, unloading, securing or carrying cargo on a vessel.
Note 2 Section 264 of the Navigation Act provides that an inspector may give directions to a person to take steps that are reasonable in the circumstances for compliance with a requirement in the Act or this Order. Section 267 of the Navigation Act also 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.