Document ID: chunk:federal_register_of_legislation:F2024C00337:body:0:p8
Version: federal_register_of_legislation:F2024C00337
Segment Type: other
Provision Reference: 
Character Range: 17897–20579

purpose other than its intended purpose.
Penalty: 50 penalty units.
       (4) An offence against subsection (1), (2), or, (3) is a strict liability offence.
       (5) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 50 penalty units.
       (6) Material handling equipment that is used for loading or unloading a vessel and that is not mentioned in this Order must comply with the ILO Code.

12 Removal of equipment
       (1) While a vessel is being loaded or unloaded, a person may only remove or interfere with material handling equipment required by this Order:
(a) if there is an emergency; or
(b) as directed by:
 (i) the duty officer on the vessel watch; or
 (ii) the chief mate; or
 (iii) the master of the vessel.
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).
Penalty: 50 penalty units.
       (4) A person to whom subsection (1) applies must replace or restore the material handling equipment as soon as there is no longer any reason for its removal or interference.

13 Loading and unloading — general requirements
  The master of a vessel must ensure that any loading or unloading of cargo using material handling equipment complies with Schedule 1.
Note   Schedule 1 sets out the master's obligations for safety during cargo operations.

14 Unsafe or inadequate loading or unloading arrangements
 (1) For paragraph 112(5)(c) of the Act, AMSA may give written notice to a person if AMSA considers that:
(a) the person is responsible for the loading, unloading, stowage or carriage of cargo on the vessel; and
(b) the loading, unloading, stowage or carriage of cargo on the vessel is or is likely to be unsafe.
 (2) The notice may:
(a) prohibit loading, unloading, stowage or carriage of the cargo on the vessel; or
(b) require additional conditions to be met, either generally or for a particular vessel or a particular cargo; or
(c) require verification of the mass of a cargo unit.
 (3) A person must comply with a notice given to the person under subsection (1).
Penalty: 50 penalty units.
 (4) An offence against subsection (3) is a strict liability offence.
 (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 50 penalty units.
Note    It is an offence not to take proper precautions in loading or unloading a vessel — see section 114 of the Navigation Act.

15 Access on board vessels and safety of cargo spaces
       (1) The master of a vessel must ensure that access to cargo spaces and lifting appliances