Document ID: chunk:federal_register_of_legislation:F2019L00707:body:0:p4
Version: federal_register_of_legislation:F2019L00707
Segment Type: other
Provision Reference: 
Character Range: 8077–10963

is taken, on and after that commencement, to be an approval given by AMSA or a recognised organisation under this Marine Order.

9 Transitional – approvals
       (1)This section applies to an application for approval of a container made on, or before 30 June 2019, that is not decided before 1 July 2019.
       (2)The application is taken to be an application for this Marine Order.
       (3)However, AMSA may consider the application in accordance with the criteria set out in Marine Order 44 (Safe containers) 2002 as if that Marine Order had not been repealed.
Division 2 Container Convention containers
Subdivision 2.1 Approval of containers

10 Approval of containers
       (1)The owner of a container may apply to AMSA or a recognised organisation for approval of the container.
       (2)If a container is approved and if a container is subsequently modified by making changes to its structure, the owner of the container must apply to AMSA or a recognised organisation for approval of the modification.
       (3)AMSA or a recognised organisation may give an approval for:
(a) a container that complies with the Container Convention; or
(b) a modification of a container if the modified container complies with the Container Convention.

11 Safety approval plate
       (1)The owner of a container with an approval under section 10 must ensure that a safety approval plate is fixed to the container 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.

12 Maximum gross mass markings
       (1)The owner of a container with an approval under section 10 must ensure that a container is marked with a maximum operating gross mass marking that is consistent with the maximum operating gross mass indicated on the container's safety approval plate.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)The owner is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

13 Removal of safety approval plate
       (1)The owner of a container with an approval under section 10 must remove the container's safety approval plate if:
(a) the container has been modified and the container no longer complies with the Container Convention; or
(b) the information on the safety approval plate is no longer correct; or
(c) the container is removed from service and is not being maintained in accordance with the Container Convention; or
(d) approval of the container is withdrawn.
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