Marine Orders - Part 32: Cargo Handling Equipment, Issue 2 (Order No. 14 of 1997)
13Powers and functions of surveyors
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13 Powers and functions of surveyors
13.1 Inspection
13.1.1 The master of a ship or the owner of shore equipment, as appropriate must permit a surveyor to inspect materials handling equipment to which this Part applies, at any reasonable time.
13.1.2 The master of a ship or the owner of shore equipment must, at the request of a surveyor, produce for inspection the register of materials handling equipment and any certificate issued by a responsible person in accordance with this Part in respect of that equipment.
13.2 Defect notice
13.2.1 If a surveyor is satisfied that materials handling equipment is defective, he must give written notice of the defect to the master or the owner of shore equipment as appropriate, and to the person in charge, and may prohibit the use of such equipment for loading or unloading a ship.
Note: Material handling equipment is defective if, inter alia, it has not been tested, thoroughly examined, or inspected as required by this Part.
13.2.2 Materials handling equipment prohibited from use under 13.2.1 must not be used for loading or unloading until:
(a) the defect specified in the notice has been rectified; and
(b) the prohibition has been withdrawn by a surveyor.
13.3 Weighing of cargo or appliance
A surveyor may, for any purpose of this Part, require the weighing of a package, an article of cargo or a mechanical stowing appliance and may for that purpose nominate the weighing instrument.
13.4 Unsafe arrangements
13.4.1 If a surveyor considers that a loading or unloading operation is or will be unsafe, whether or not the other provisions of this Part are complied with, he or she may give written direction to the person in charge and, if appropriate, to the master of the ship, prohibiting the loading or unloading operation.
13.4.2 If a direction in accordance with 13.4.1 is given, loading or unloading must not take place until the surveyor is satisfied that the operation is safe and the direction is withdrawn.
Note: The giving or withdrawal of a prohibition notice does not affect action that may be taken in respect of an Australian ship under the Occupational Health and Safety (Maritime Industry) Act 1993.