Document ID: chunk:federal_register_of_legislation:F2019L00707:body:0:p6
Version: federal_register_of_legislation:F2019L00707
Segment Type: other
Provision Reference: 
Character Range: 13376–16250

in section 16 must ensure that an examination or re‑examination date is marked permanently and legibly on the container by stamping, embossing, engraving or applying a decal in the manner mentioned in the Container Convention.
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.

18 Approval of continuous examination program
       (1)The owner of a container may apply to AMSA or a recognised organisation in accordance with Marine Order 1 (Administration) 2011 for approval of a continuous examination program.
       (2)AMSA or a recognised organisation may approve a continuous examination program if it is satisfied that the program meets the requirements of the Container Convention.
Note   AMSA may impose any conditions on the approval that it considers appropriate if paragraph 6 of Regulation 2 of Chapter I of Annex I to the Container Convention applies. If an owner is not domiciled in Australia, AMSA will not approve an examination program if the owner does not have either a registered office address in Australia or an ASIC registered local agent who agrees that they will accept service of notices and documents.
       (3)The owner of a container under a continuous examination program must ensure that the container is examined:
(a) after refurbishment and before the container is loaded on a vessel after the refurbishment; and
(b) for a container that is hired out by the owner of a container to another person —
 (i) before the container is loaded on a vessel after the hire agreement commences; and
 (ii) before the container is loaded on a vessel after the end of the hire arrangement.
Penalty: 50 penalty units.
       (4)The owner of a container must ensure that the container is re-examined on the earlier of:
(a) the day the container would have been due for examination in accordance with the Container Convention, by AMSA or a recognised organisation; or
(b) 30 months after the date of the examination under subsection (3).
Penalty: 50 penalty units.
Note    Examination and re‑examination dates are specified by month and year only.
       (5)An offence against subsection (3) or (4) is a strict liability offence.
       (6)A person is liable to a civil penalty if the person contravenes subsection (3) or (4).
Civil penalty: 50 penalty units.

19 Withdrawal of approval of continuous examination program
       AMSA may withdraw approval for a continuous examination program given under section 18 if it considers that the program no longer meets the requirements in the Container Convention.

20 Marking of containers under a continuous examination program
       (1)The owner of a container that is under an approved continuous examination program under section 18