Document ID: chunk:federal_register_of_legislation:F2019L00707:body:0:p8
Version: federal_register_of_legislation:F2019L00707
Segment Type: other
Provision Reference: 
Character Range: 18573–21532

a person requiring:
(a) that the doing of an activity is to cease; or
(b) that precautions specified in the notice are to be undertaken.
       (3)A person who is given a notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.
     Note 1   Section 114 of the Navigation Act provides that a person commits an offence if proper precautions are not taken for an activity involving packing, sending, stowing, loading, unloading, securing or carrying cargo on a vessel.
     Note 2   Section 264 of the Navigation Act provides that an inspector may give directions to a person to take steps that are reasonable in the circumstances for compliance with a requirement in the Act or this Marine Order. Section 267 of the Navigation Act also provides that an inspector may give a prohibition notice about an activity involving a serious risk to the health or safety of a person.
Division 3 Offshore containers
Subdivision 3.1 Approval, maintenance and inspection of offshore containers

24 Savings — approval of offshore containers
       An approval issued under the Guidelines for the approval of offshore containers handled in open seas that is in force immediately before the commencement of this Marine Order is taken, on and after that commencement, to be an approval given under this Marine Order.

25 Transitional – approvals
       (1)This section applies to an application for approval of an offshore container made on, or before 30 June 2019, that is not decided before 1 July 2019.
       (2)The application is taken to be an application for this Marine Order.

26 Authorisation of approving competent authorities
       (1)An organisation may apply to AMSA for authorisation as an approving competent authority in accordance with Marine Order 1 (Administration) 2013.
       (2)AMSA may authorise an organisation as an approving competent authority if satisfied that the organisation:
(a) maintains technical standards for offshore containers for either:
 (i) design and testing; or
 (ii) inspection; and
(b) has procedures to approve offshore containers and verify compliance with the organisation's technical standards; and
(c) has an ongoing audit process.
       (3)For paragraph (2)(a)(i), the organisation must apply the requirements in the Guidelines for the approval of offshore containers handled in open seas.
       (4)For paragraph (2)(a)(ii), the organisation must meet the requirements for type B inspection bodies in standard ISO/IEC 17020:2012 — Conformity assessment – Requirements for the operation of various types of bodies performing inspection, or equivalent standard.
     Note 1   Information on obtaining a copy of the standard is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.
Note 2   For details of approving competent authorities, or for information on the application process to become an approving competent authority