Document ID: chunk:federal_register_of_legislation:F2017C00977:front:0:p10
Version: federal_register_of_legislation:F2017C00977
Segment Type: other
Provision Reference: 
Character Range: 22457–25092

vessel and the methodology to be used.
       (5)The shipper must give to the master a statement that the chemical characteristics of the cargo are, to the best of the shipper's knowledge, those present when the vessel is loaded.
       (6)An offence against subsection (1), (2) or (3) is a strict liability offence.
       (7)A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 50 penalty units.

19 Solid bulk cargo not listed in Appendix 1 of IMSBC Code
       (1)Before the start of loading of solid bulk cargo onto a vessel, the shipper of the cargo must:
(a) give information in accordance with section 4 of the IMSBC Code to AMSA; and
(b) ensure that AMSA has assessed the cargo in accordance with section 1.3 of the IMSBC Code.
       (2)The master may load onto a vessel solid bulk cargo that is not listed in Appendix 1 of the IMSBC Code only if the shipper has given to the master:
(a) information in accordance with section 4 of the IMSBC Code; and
(b) AMSA's assessment of the cargo in accordance with section 1.3 of the IMSBC Code.
Penalty: 50 penalty units.
       (3)An offence against subsection (2) is a strict liability offence.
       (4)A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 50 penalty units.
       (5)If the AMSA assessment is that the cargo is a Group A, Group B or Group A and B solid bulk cargo, the master must give a notice of intention to load in accordance with section 16.
Division 4 Other matters

20 Proper precautions
       (1)This section applies if an inspector 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 cargo on a vessel, may:
(a) damage the vessel; or
(b) pose a risk to the safety of persons; or
(c) damage the environment.
       (2)The inspector 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   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.

21 Marine incidents
       For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, the loss or likely loss overboard of