114Proper precautions in loading a vessel

#### 114 Proper precautions in loading a vessel (1) A person who is involved in an activity of packing, sending, stowing, loading, unloading, securing or carrying cargo, livestock or ship’s stores on a vessel contravenes this subsection if: (a) the person does not: (i) ensure, so far as is reasonably practicable, that the activity is carried out in such a way that it does not damage the vessel, risk the safety of a person or damage the environment; and (ii) carry out, or arrange the carrying out of, such procedures as may be necessary for compliance with subparagraph (i); and (b) in the case of a foreign vessel—when the activity concerned occurs, the vessel is: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia, other than in the course of innocent passage. (2) Without limiting subsection (1), an owner of a vessel contravenes that subsection if the owner does not implement and maintain a safety management system that ensures, so far as is reasonably practicable, that an activity referred to in that paragraph is carried out in such a way that it does not damage the vessel, risk the safety of a person or damage the environment. Fault‑based offence (3) A person commits an offence if the person: (a) contravenes subsection (1); and (b) is reckless as to whether the activity that constitutes the contravention risks damaging the vessel, the safety of a person or damaging the environment. Penalty: Imprisonment for 5 years or 300 penalty units, or both. Civil penalty (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 600 penalty units.