Marine Orders - Part 32: Cargo Handling Equipment, Issue 2 (Order No. 14 of 1997)
8Penal provisions
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8 Penal provisions
8.1 The following provisions of this Part are penal provisions: 7, 9.1.2, 9.1.3, 9.1.6, 9.2.3, 10.1, 10.2, 10.3.1, 10.3.3, 10.3.4, 10.6.1, 10.6.2, 11.1, 11.2.1, 11.2.2, 11.3, 12, 13.1.1, 13.1.2, 13.2.2, 13.4.2, 14.1, 16.1.1, 16.1.2, 16.1.3, 16.2.3, 17.1, 17.2, 17.4, 17.5, 17.6.1 and 17.6.2.
8.2 Failure to comply with 12 constitutes an offence by the shipper of the article.
8.3 Failure to comply with 17.1, 17.6.1 or 17.6.2 constitutes an offence by:
(a) in the case of ship equipmentthe owner, agent and master of the ship; and
(b) in the case of shore equipmentthe owner of the equipment.
Note: Regulation 4 of the Navigation (Orders) Regulations provides:
'4. A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:
(a) if the offender is a natural person—by a fine not exceeding $2,000; or
(b) if the offender is a body corporate—by a fine not exceeding $5,000.'