Document ID: chunk:federal_register_of_legislation:F2024C00337:body:0:p2
Version: federal_register_of_legislation:F2024C00337
Segment Type: other
Provision Reference: 
Character Range: 2640–5486

in force from time to time;
 (iii) Recommendation No.160, Occupational Safety and Health (Dock Work), 1979, as in force from time to time;
 (iv) the ILO Code.

3 Power
       (1) The following provisions of the Navigation Act provide for this Order to be made:
(a) subsection 112(5) which provides that the regulations may provide for the loading, stowing or carriage of cargo in vessels, the unloading of cargo from vessels, and the giving of notices about those matters;
(b) paragraph 125(2)(c) which provides that the regulations may provide for checks and tests of machinery and equipment;
(c) paragraph 339(2)(b) which provides that the regulations may provide for machinery and equipment to be carried on board vessels;
(d) paragraph 339(2)(c) which provides that the regulations may provide for the operating, maintaining, checking and testing of the machinery and equipment;
(e) subsection 341(1) which provides that the regulations may provide for the imposition of penalties for the contravention of provisions of the regulations including the imposition of civil penalties.
       (2) Subsection 339(1) of the Navigation Act provides that the regulations may prescribe matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Navigation Act.
       (3) Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about anything that must or may be made by the regulations.

4 Definitions
        In this Order:
bulk carrier has the same meaning as in Regulation 1 of Chapter IX of SOLAS as clarified by IMO Resolution MSC.277(85), as in force from time to time.
cargo space means a space that is:
(a) intended for the carriage of cargo, including a trunkway or hatchway to the space; and
(b) above or below deck; and
(c) enclosed or open.
cargo transport unit means a road freight vehicle, railway freight wagon, freight container, road tank vehicle, railway tank wagon, portable tank or multiple element gas container.
competent person, for material handling equipment, means a person who:
(a) for carrying out testing, examination in accordance with sections 4.2.2 to 4.2.5 of the ILO Code (known as thorough examination) and issuing certificates of test for equipment under this Order — is appointed by:
 (i) the manufacturer of the equipment; or
 (ii) a recognised organisation, or a classification society recognised by the country in which the vessel is registered, under a scheme of classification or certification of the equipment; or
 (iii) a testing establishment that AMSA is satisfied:
(A) is competent to test and examine material handling equipment; and
(B) has the necessary equipment for testing and examination; or
(b) for carrying out examinations in accordance with section 4.2.4 of the ILO Code, other than