9 Person In Charge

9.1 Identifying the person in charge

9.1.1 A person, other than the master, undertaking to load or unload a ship at a port in Australia must, before commencement of that undertaking, appoint a person or persons in charge of the undertaking.

Note: Where the 'person' undertaking loading or unloading is a firm or company, that firm or company must make the appointment.

9.1.2 A person making an appointment under 9.1.1 must provide to the master of the ship written notification of the appointment or appointments.

9.1.3 A person in charge must enter in a logbook:

  (a) the time at which he or she commences each period of duty as person in charge; and
  (b) the time of termination of each such period of duty.

9.1.4 Notwithstanding 9.1.1 and 9.1.3 but subject to 9.1.7, a person who has commenced a period of duty in charge of loading or unloading of a ship is deemed to remain person in charge for the purposes of this Part:

  (a) until that person has directed loading or unloading of the ship to cease and has made an entry to that effect in the logbook; or
  (b) until another person appointed in accordance with 9.1.1 has commenced a period of duty as person in charge and has made an entry to that effect in the logbook.

9.1.5 Not more than one person at a time is to be person in charge.

9.1.6 A person must not be appointed as the person in charge unless that person is:

  (a) well experienced in all aspects of the type of loading or unloading to be undertaken; and
  (b) capable of directing all tasks relevant to the loading or unloading.

9.1.7 A person appointed in accordance with 9.1.1, being unable to direct the loading or unloading of a ship at any time during his or her period of duty, may appoint a person qualified in accordance with 9.1.6 to direct the loading or unloading during the period of that inability, and such qualified person is deemed to be the person in charge for that period for the purposes of this Part.

Note: Provisions 9.1.3 and 9.1.4 apply to a delegated person in charge.

9.1.8 Where cargo is being loaded or unloaded by crew of the ship, the master will for the purposes of this Part be deemed to be the appointed person in charge.

Note: Loading includes transfer of cargo within a ship.

9.2 Functions and duties of person in charge

9.2.1 It is the function of the person in charge to direct the tasks relevant to the loading or unloading of the ship and to ensure that they are carried out in a safe and orderly manner.

9.2.2 It is the duty of the person in charge to take all reasonable steps necessary to discharge his or her function, and in particular to ensure as far as practicable that: