Document ID: chunk:federal_register_of_legislation:F2019L00707:body:0:p10
Version: federal_register_of_legislation:F2019L00707
Segment Type: other
Provision Reference: 
Character Range: 24014–26278

to be loaded or unloaded
       (1)A person must not load an offshore container on, or unload an offshore container from, a vessel if any of the following apply:
(a) the offshore container has a defect that could place any person in danger;
(b) the offshore container does not have a valid approval plate;
       (c) the offshore container exceeds the maximum gross mass as marked on the approval plate;
(d) the period since the last inspection date marked on the offshore container is more than 1 year.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

31 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 an offshore container on a vessel, may:
(a) damage the vessel; or
(b) pose a risk to the safety of persons; 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 Marine Order. Section 267 of the Navigation Act also provides that an inspector may give a prohibition notice about an activity involving a serious risk to the health or safety of a person.

Note
1. All legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See https://www.legislation.gov.au.