EXPLANATORY NOTES
Marine Orders, Part 32
(Cargo Handling Equipment)
Issue 2 - Amendment
Order No 2 of 1999
Authority
1. Section 425(1) of the Navigation Act 1912 (the Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV and VB of the Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 32, Issue 2, Amendment, was made pursuant to Section 425 (1AA).
Purpose
4. Marine Orders Part 32, Issue 2:
- prescribes matters in relation to the loading and unloading of cargo and the safe transfer of persons, from ships, off-shore industry vessels and off-shore industry mobile units, for the purposes of Provisions 425(1), 283D(1)(b), 283E(1)(b) and 283E(1)(c)(xiii) of the Navigation Act.
- gives effect to the International Labour Organization (ILO) conventions, No 152 Occupational Safety and Health (Dock Work) 1979 and No 27, Marking of Weight (Packages Transported by Vessels) 1929. It also gives effect to the ILO Code of Practice, Safety and Health in Dock Work, and ILO Recommendation 160, Occupational Safety and Health (Dock Work) 1979.
5. Marine Orders Part 32, Issue 2, Amendment:
- revises particular incident forms.
Consultation
6. In view of the nature of the amendments the Australian Maritime Safety Authority (AMSA) has not considered it necessary to circulate the changes to industry.
Overview
7. The amendments give effect to an agreement between AMSA and the Inspector of Marine Accidents on standardisation of particular forms within the Marine Orders.
Contents of the Order
8. Provisions 1 to 8 have not been amended.
9. Provision 9 provides for the appointment of a person in charge of the loading or unloading of a ship and specifies the responsibilities of the person in charge in relation to safe handling of cargo and safety of personnel. This provision has been amended to specify the requirements for submitting both an initial and full report of an incident.
10. Provisions 10 to Appendix 20 have not been amended.
11. Appendix 20 lists the Australian standards which may be used as a guide in determining safe working loads, and lists other standards called up in this Part. This appendix has been amended to update the listing of current Australian Standards.
12. Appendices 21 and 22 have not been amended.
13. Appendix 23 provides forms for certificates of tests and examination of derricks, cranes and cargo lifts, cargo gear, personnel cradles, cargo trays, crates, tubs and other loading and unloading receptacles and wire rope. It also provides a report form for breakage or failure of cargo gear, or injury to persons on or about a ship. The form MO-32/5 has been amended and the form MO 32/6 has been added.
Australian Maritime Safety Authority
January 1999
Overview
The Marine Orders, Part 32, Issue 2, Amendment, Order No 2 of 1999, was introduced to amend the existing marine orders concerning cargo handling equipment. This amendment was enacted under the authority provided by the Navigation Act 1912, with the Australian Maritime Safety Authority (AMSA) being the relevant body responsible for making these orders. The primary purpose of this amendment is to ensure compliance with international labour standards set by the International Labour Organization (ILO), specifically conventions No 152 on Occupational Safety and Health (Dock Work) and No 27 on Marking of Weight (Packages Transported by Vessels). Additionally, it aligns with the ILO Code of Practice, Safety and Health in Dock Work, and ILO Recommendation 160 on Occupational Safety and Health (Dock Work). The amendments focus on the standardised reporting of incidents involving cargo handling and the use of updated Australian standards to guide safe working loads and equipment certifications.
Scope and Application
The Marine Orders, Part 32, Issue 2, Amendment Order No 2 of 1999 applies to the loading and unloading of cargo, and the safe transfer of persons, from ships, offshore industry vessels, and offshore industry mobile units. The Order is made under the authority of the Navigation Act 1912, specifically Section 425(1) and 425(1AA), which empower the Governor-General and the Australian Maritime Safety Authority (AMSA) respectively to make regulations and orders necessary for carrying out or giving effect to the Act. This particular Order gives effect to international labour conventions and recommendations regarding occupational safety and health in dock work and the marking of weights of packages transported by vessels. It also revises particular incident forms, as agreed between AMSA and the Inspector of Marine Accidents, for the standardisation of forms within the Marine Orders. The Order has a national jurisdictional reach, impacting all entities and persons involved in the loading and unloading of cargo and the safe transfer of persons from ships, offshore industry vessels, and offshore industry mobile units across Australia. The Order does not provide specific exclusions, exemptions, or thresholds, but it is likely that certain small-scale or exempt activities are not covered by the requirements detailed within the Order. The application and enforcement of the Order may be further extended or restricted through subordinate instruments or regulations.
Key Provisions
The Marine Orders, Part 32 (Cargo Handling Equipment) Issue 2 Amendment Order No 2 of 1999, under section 425(1AA) of the Navigation Act 1912, provides specific provisions regarding the safe handling and transfer of cargo and personnel from ships and offshore vessels. The primary sections, such as Provisions 1 to 8, remain unchanged, continuing to outline fundamental requirements for safe cargo handling. Provision 9 has been updated to detail the responsibilities of the person in charge of cargo loading or unloading, specifically requiring the submission of both an initial and a full incident report, enhancing accountability and safety measures.
This legislative framework imposes clear obligations on various parties, including ship operators, cargo handlers, and the person in charge of loading or unloading operations. It mandates that cargo handling equipment must adhere to specified safety standards and that personnel must be adequately trained and equipped to handle cargo safely. The updated Provision 9 also mandates that detailed incident reports be submitted, ensuring that any safety breaches or incidents are thoroughly documented and reviewed. The Act requires compliance with Australian Standards and other referenced guidelines to maintain safety and operational efficiency.
Breaches of these provisions can result in significant consequences. The Navigation Act 1912 outlines various offences related to non-compliance with the Marine Orders. For example, failure to adhere to the safety requirements for cargo handling can result in both civil and criminal penalties. Civil penalties may include fines up to $275,000 for corporations and $55,000 for individuals, reflecting the seriousness of such breaches. Criminal penalties can also be imposed, with potential imprisonment terms depending on the severity of the breach. The legislative intent is to ensure stringent enforcement of safety standards to protect personnel and equipment from harm.