Document ID: chunk:federal_register_of_legislation:F2024C00337:body:0:p9
Version: federal_register_of_legislation:F2024C00337
Segment Type: other
Provision Reference: 
Character Range: 20354–23075

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 on board the vessel complies with Schedule 2.
       (2) The master of a vessel must ensure that cargo spaces on board the vessel have a safe atmosphere in accordance with Schedule 1.
Note 1   There are recommendations on appropriate safety measures to be taken when using pesticides on vessels in the Supplement to the IMDG Code. Other authorities, such as port authorities, may impose additional requirements.
Note 2   For requirements relating to the following matters about means of access to vessels in port see sections 22 to 24 of Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023:
           * Construction and other requirements
           * Responsibilities of persons boarding or disembarking
           * Responsibilities of the master.
Note 3   The means of access may be provided by the vessel or the shore terminal.

16 Marking of cargo mass
       (1) The shipper of an individual article of cargo, or unitised articles of cargo of at least 1 tonne gross mass, to be loaded on or unloaded from a vessel at an Australian port must mark the cargo with its gross mass in accordance with Schedule 7.
Penalty: 50 penalty units.
Note   An article of cargo, or unitised articles of cargo, could include a container, a portable tank, an intermediate bulk container, a returnable cargo unit, logs, timber, steel products, break bulk or pre slung cargo.
       (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.
       (4) A shipper must not provide information, or place a marking on, a unitised article of cargo mentioned in subsection (1), that indicates a false gross mass or a false maximum gross mass.
Penalty: 50 penalty units.
       (5) An offence against subsection (4) is a strict liability offence.
       (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 50 penalty units.
       (7) A marking or representation is not taken to be false if the actual mass of the unitised article of cargo is less than:
(a) the declared mass; or
(b) if no mass is declared — the safe working load SWL or maximum gross mass marked on the unitised article of cargo.

17 Weighing of cargo
        An inspector may require a person to weigh an article of cargo or goods that are not cargo and may nominate the weighing instrument to be used.
Division 3