Document ID: chunk:federal_register_of_legislation:F2024C00337:body:0:p11
Version: federal_register_of_legislation:F2024C00337
Segment Type: other
Provision Reference: 
Character Range: 25366–28148

8 that apply to the type of equipment.
       (2) Material handling equipment may be used for loading or unloading only if:
(a) it has been tested, examined and certified and inspected in accordance with Schedule 3; and
(b) the current record of examination and inspection in the register of material handling equipment indicates that the equipment is fit for use; and
(c) it is visually examined before being used, to confirm it is free of obvious defects.
Note   Section 127 of the Navigation Act provides an offence for failure to comply with machinery and equipment checks required by the regulations.

23 Certificate of test
       (1) If material handling equipment has been tested and examined in accordance with Schedule 3 and the competent person considers that it is satisfactory, he or she must issue a certificate of test.
       (2) A certificate of test for material handling equipment manufactured or tested in Australia must be in the approved form.
Note   The approved forms for a certificate of test are available on AMSA's website at http://www.amsa.gov.au.
       (3) A certificate of test for material handling equipment manufactured in a country other than Australia and tested or examined in a country other than Australia by a competent person is taken to be in the approved form if it contains information that AMSA considers is equivalent to that required by the approved form.
       (4) A certificate of test issued by or for the manufacturer of wire, rope or chain is taken to be a certificate of test for any portion of the wire, rope or chain.

24 Record of inspection
       (1) For loose gear not mentioned in Schedule 3, a competent person or a responsible person must conduct an inspection each time before the equipment is used in a cargo operation.
       (2) The person who conducts the inspection must prepare a record of inspection.
       (3) The record of inspection may be in any form but must include:
(a) details of the equipment's safe working load and identity as marked on it by the manufacturer; and
(b) the signature of the person who conducted the inspection.

25 Register of material handling equipment
       (1) The master of a vessel must keep on the vessel an up-to-date register of material handling equipment belonging to the vessel.
Penalty: 50 penalty units.
       (2) A competent person or responsible person who supervises or carries out tests, examinations, inspections, heat treatment or any maintenance, repair or replacement of components of material handling equipment must record particulars of the work in the register of material handling equipment.
Penalty: 50 penalty units.
       (3) An offence against subsection (1) or (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if