Marine Orders Part 41 Amendment 2011 (No. 1) (Carriage of dangerous goods) (Order No. 5 of 2011) (Cth)
AMSA MO 2011/5
Marine Orders Part 41 Amendment 2011 (No. 1) (Carriage of dangerous goods)
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 425 (1AA) of the Navigation Act 1912.
Graham Peachey
Chief Executive Officer
20 June 2011
1 Name of Order
This Order is Marine Orders Part 41 Amendment 2011 (No. 1).
2 Commencement
This Order commences as follows:
(a) sections 1 to 3 and Schedule 1 — 15 July 2011; and
(b) Schedule 2 — 1 January 2012.
3 Amendment of Marine Order Part 41
Schedules 1 and 2 amend Marine Order Part 41, issue 10.
Schedule 1 Amendments commencing on 15 July 2011
[1] Provision 1.1, note 1
substitute
Note 1 The text of Chapter VII as at 15 July 2011 is in the SOLAS Consolidated Edition 2009.
[2] Provision 2, definition of Deputy CEO
omit
[3] Provision 2, after definition of gas carrier
insert
General Manager means the person occupying the position of General Manager, Maritime Operations Division, in AMSA.
[4] Provision 2, definition of penal provision
substitute
penal provision means a penal provision for regulation 4 of the Navigation (Orders) Regulations 1980.
Note Navigation (Orders) Regulations 1980, reg 4 (1) states:
(1)A person commits an offence if the person does not comply with a provision of an order that is made under subsection 425 (1AA) of the Act and that is expressed to be a penal provision.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
[5] Provision 3.5
omit
[6] After provision 8.2, including the notes
insert
8.3 An employer must keep a record of training that an employee receives under this provision for at least 5 years after the record was made.
[7] Provision 9.1.1
omit
thereof
insert
of the goods
[8] Provision 11.3
omit
wilfully
[9] After provision 13
insert
14 Complying with IMDG Code 2010 Edition
14.1 A person complying with the new IMDG Code is taken to comply with the IMDG Code.
14.2 In this provision:
New IMDG Code means the version of the International Maritime Dangerous Goods Code that is published by the IMO and known as the ‘IMDG Code 2010 Edition incorporating Amendment 35-10’ (including all corrigenda and errata to the IMDG Code 2010 edition).
Note The amendment is set out in IMO Resolution MSC.294 (87).
[10] Appendix, heading
omit
Appendix
substitute
Appendix 1
[11] Appendix, clause 7.2, heading
substitute
7.2 Class 1 — explosives
[12] Appendix, clause 7.3, heading
substitute
7.3 Class 7 — radioactive material
[13] Appendix, clause 7.3
omit
substances
insert
radioactive material
[14] Appendix, clause 8.1, note
substitute
Note Regulation 19.4 refers to Chapter II-2 of SOLAS Consolidated Edition 2009. Regulation 54.3 refers to Chapter II-2 of SOLAS Consolidated Edition 2001.
[15] References to Deputy CEO
The following provisions are amended by omitting ‘Deputy CEO’ and inserting ‘General Manager’:
· provision 6.1.1 (2 mentions)
· paragraph 6.1.2 (b)
· provision 6.1.3
· provision 6.1.4
· provision 6.2.1
Schedule 2 Amendments commencing on 1 January 2012
[1] Provision 2, definition of IMDG Code
substitute
IMDG Code means the version of the International Maritime Dangerous Goods Code that is published by the IMO and known as the ‘IMDG Code 2010 Edition incorporating Amendment 35-10’ (including all corrigenda and errata to the IMDG Code 2010 edition)
Note The amendment is set out in IMO Resolution MSC.294 (87).
[2] Provision 14
omit
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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