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

Powers and functions of inspectors Division 2Section 11purpose of a loading or unloading operation, to the extent and subject to theconditions that he or she determines.9.3 Equivalents9.3.1 If this Order requires a particular fitting, material, appliance or apparatus, or atype of it, to be fitted or carried in a ship or a particular provision to be made ina ship, the Manager, Ship Inspection and Registration may allow another fitting,material, appliance or apparatus, or a type of it, to be fitted or carried, or anotherprovision to be made, if he or she is satisfied that the other fitting, material,appliance or apparatus, or type of it, or provision, is at least as effective as thatrequired by this Order.Division 2Powers and functions of inspectors10 Inspection10.1 The master of a vessel whose equipment is used for loading or unloading onboard a vessel must allow an inspector to inspect, at any time, material handlingequipment to which this Order applies.Penalty: 50 penalty units.10.1A An offence against subsection 10.1 is a strict liability offence.10.1B A person is liable to a civil penalty if the person contravenes subsection 10.1.Civil penalty: 50 penalty units.10.2 The owner of shore equipment used for loading or unloading on board a vesselmust allow an inspector to inspect, at any time, material handling equipment towhich this Order applies.Penalty: 50 penalty units.10.2A An offence against subsection 10.2 is a strict liability offence.10.2B A person is liable to a civil penalty if the person contravenes subsection 10.2.Civil penalty: 50 penalty units.11 Defect notice11.1 If an inspector is satisfied that material handling equipment is defective, he orshe:(a) must give written notice of the defect to:(i) the master of the vessel in which the equipment is used or the owner ofthe equipment, and(ii) the person in charge, and(b) may prohibit the use of the equipment for loading or unloading a vessel.11.2 Material handling equipment is defective if, inter alia, it has not been tested,thoroughly examined, or inspected as required by Schedule 4 to this Order.11.3 A person to whom the notice is given must not permit the material handlingequipment to be used until:(a) the defect mentioned in the notice has been rectified; and(b) the prohibition has been withdrawn by an inspector.Penalty: 50 penalty units.11.4 An offence against subsection 11.3 is a strict liability offence.Marine Order 32 (Cargo handling equipment) 2011 9MO32 modcomp-130604Z.docx