Document ID: chunk:federal_register_of_legislation:F2024C00337:body:0:p7
Version: federal_register_of_legislation:F2024C00337
Segment Type: other
Provision Reference: 
Character Range: 15420–18149

the requirement to which the equivalent is an alternative.
Division 2 Requirements for loading or unloading a vessel

9 Functions and duties of master
       (1) The master of a vessel must ensure that operations are carried out in accordance with this Order, including loading and unloading, and testing, examination and inspection of material handling equipment.
Note   Division 4 of Part 4 of Chapter 3 of the Navigation Act deals with offences and civil penalties for passenger and cargo operations.
       (2) For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, the failure in operation of a component of material handling equipment, whether or not a person is injured because of the failure, is prescribed.
Note 1   The owner and master of a vessel must report marine incidents to AMSA — see sections 185 and 186 of the Navigation Act.
Note 2   For the prescribed periods for reporting marine incidents — see Marine Order 1 (Administration) 2013. Approved forms for the reporting of marine incidents are available on AMSA's website at http://www.amsa.gov.au.

10 Loading and unloading — employment of seafarers
        For paragraph 94(1)(b) of the Navigation Act, the requirements are that:
(a) the master agrees to the seafarer loading or unloading the vessel; and
(b) the master must notify AMSA in writing of the agreement as soon as practicable; and
(c) the notification must occur before the operation starts.
Note   Section 94 of the Navigation Act provides that seafarers may be employed in handling cargo in connection with loading or unloading a vessel only if sufficient shore labour is not available.

11 Use of equipment
       (1) A person may operate a power operated hatch cover on a vessel only if the person:
(a) is a seafarer of the vessel; or
(b) has been authorised to do so by:
 (i) the officer in charge of the deck watch; or
 (ii) the chief mate; or
 (iii) the master of the vessel.
Penalty: 50 penalty units.
       (2) A person may operate vessel's side, bow or stern doors, 'tween deck bulkhead doors, ramps, retractable car decks or other vessel equipment related to cargo space access only if the person:
(a) is a seafarer of the vessel; and
(b) is authorised to do so by the master of the vessel.
Penalty: 50 penalty units.
       (3) A person must not use an item of material handling equipment, mechanical ventilation equipment, lighting or other equipment used in loading and unloading for a 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)