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Marine Order 32 (Cargo handling equipment) - Australian Maritime ...

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Division 1PreliminarySection 7Note 2 Other terms used in this <strong>Order</strong> are defined in the Navigation Act, including:AMSAcargocontainerdangerous goodsinspectormasterportrecognised organisationseafarer.Note 3 Recognised organisations are listed in <strong>Marine</strong> <strong>Order</strong> 1 (Administration) 2011.7 InterpretationIn this <strong>Order</strong>:(a) a reference to the date when a vessel was built means the date when:(i) the keel was laid; or(ii) construction identifiable with the vessel has begun and the lesser of atleast 50 tonnes, or 1% of the estimated mass of all structural material,of the vessel has been assembled; and(b) a reference to loading or unloading a vessel includes a situation in whichboth loading and unloading is taking place.Note for paragraph (a) MSC-MEPC.5/Circ 4 gives guidance on the interpretation of the dateon which a keel is laid.8 Application8.1 This <strong>Order</strong> applies to:(a) the loading or unloading of any vessel at a port in Australia, in an externalterritory of Australia, in the territorial sea of Australia or in waters on thelandward side of the territorial sea of Australia; and(b) the loading or unloading anywhere of a regulated <strong>Australian</strong> vessel; and(c) the loading or unloading of an off-shore industry mobile unit.8.2 Without limiting subsection 8.1, this <strong>Order</strong> is not intended to exclude or limitthe concurrent operation of any law of a State or Territory that imposesadditional obligations or liabilities on a person.9 Exemptions and equivalents9.1 A person may apply for an exemption from a requirement of this <strong>Order</strong>, or foracceptance of an equivalent measure, in accordance with the application processset out in <strong>Marine</strong> <strong>Order</strong> 1 (Administration) 2011.9.2 Exemptions9.2.1 The Manager, Ship Inspection and Registration may exempt a vessel or class ofvessels from compliance with a provision of this <strong>Order</strong> to the extent and subjectto the conditions that he or she determines.9.2.2 A duty inspector may, on written request, if satisfied that persons will not beendangered, allow any provision of this <strong>Order</strong> to be dispensed with for the8 <strong>Marine</strong> <strong>Order</strong> <strong>32</strong> (<strong>Cargo</strong> <strong>handling</strong> <strong>equipment</strong>) 2011MO<strong>32</strong> modcomp-130604Z.docx

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