Document ID: chunk:federal_register_of_legislation:F2016L00555:body:0:p10
Version: federal_register_of_legislation:F2016L00555
Segment Type: other
Provision Reference: 
Character Range: 22937–25709

to the masters of regulated Australian vessels with a cargo space to be fumigated when the vessel is in a port outside Australia.

18 Requirements for fumigation before grain loading
       (1)If a cargo space of a vessel, whether or not the space contains grain, must be fumigated before grain is loaded, the master of the vessel must ensure the fumigation is carried out in accordance with the IMO Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds other than provision 3.3.2.
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.
Note   Provision 3.3.2 of the IMO Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds deals with in transit fumigation.

19 Notice of intended in transit fumigation
       (1) The agent of a vessel that carries, or is to carry, grain in bulk must notify AMSA, using the approved form, of the intention to conduct in transit fumigation on the vessel at least 72 hours before any intended fumigation.
Note   See Marine Order 1 (Administration) 2013 for information about approved forms. The form is available on the AMSA website at http://www.amsa.gov.au.
       (2) Also, the master of the vessel must give the notification mentioned in subsection (1) if:
(a) AMSA makes a written request for notification under subsection (1); and
(b) the vessel does not have an agent.
Note   Permission from the APVMA is required for in transit fumigation. A permit must be obtained before fumigation occurs — see the APVMA website at http://www.apvma.gov.au for further information. Other authorities, eg port authorities, may have additional requirements.

20 Notice of in transit fumigation on a voyage
       The master of a vessel that is on a voyage on which in transit fumigation of a cargo space is being conducted must notify AMSA, using the approved form, of the in transit fumigation at least 72 hours before the vessel arrives at an Australian port.

21 Requirements for in transit fumigation
       (1) The master of a vessel carrying grain in bulk must ensure that only an approved fumigant is used for any in transit fumigation of grain in bulk conducted on the vessel.
Penalty: 50 penalty units.
       (2) For subsection (1), an approved fumigant is a fumigant approved in writing by APVMA for the fumigation of grain in bulk on a vessel.
Note   There is information about approved fumigants on AMSA's website at http://www.amsa.gov.au.
       (3) If in transit fumigation is to be carried out on a vessel carrying grain in bulk, a person must comply with any requirement