Document ID: chunk:federal_register_of_legislation:C2025C00094:section:114
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 114
Character Range: 119991–121750

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.

Subdivision B—Dangerous goods