Overview

The Marking of Weight on Heavy Packages Act 1932 was enacted to address the problem of ensuring that the weight of heavy packages transported by vessels is clearly indicated. This legislation was introduced by the Norfolk Island Government to maintain safety and efficiency in the handling and transportation of heavy cargo. The policy objective of the Act is to mandate that any consignor transporting packages of a gross weight of 2 tonnes or over must mark the approximate gross weight prominently on the package or a securely attached label. This requirement ensures that both the ship's master and the workers involved in unloading have the necessary information to handle the cargo safely and effectively. Non-compliance with these marking requirements results in specified penalties, reinforcing the importance of adhering to the provisions of the Act.

Scope and Application

The Marking of Weight on Heavy Packages Act 1932 applies to any consignor who intends to transport packages or articles of cargo with a gross weight of 2 tonnes or more by sea within the Territory of Norfolk Island. This Act mandates that such packages must be prominently marked with the approximate gross weight, specified in tonnes and kilograms, using legible and durable characters at least 3 centimetres in height. In cases where precise weighing is impractical due to the nature of the package or the absence of suitable weighing machinery, the weight must be marked as either "Over 2 tonnes but under 2.5 tonnes" or a similar approximation within a limit of 0.5 tonnes. The Act also extends to ship masters, who are prohibited from allowing packages of 2 tonnes or more to be loaded without the required markings and must ensure that workers are verbally advised of the approximate weight of any unmarked packages from outside the Territory. Both the consignor and the ship master face penalties for non-compliance, with fines set at 5 penalty units for the consignor and 3 penalty units for the ship master. The Act's jurisdiction is limited to Norfolk Island, and it does not extend to other areas or territories, except as may be specified in subordinate instruments.

Key Provisions

The Marking of Weight on Heavy Packages Act 1932 (sections 2(1) and 2(2)) mandates that any consignor shipping a package or cargo article weighing 2 tonnes or more by sea within Norfolk Island must clearly mark its approximate gross weight, expressed in tonnes and kilograms, on the package or a securely attached label. The marking must be legible, durable, and at least 3 centimetres high. If weighing is not feasible due to the package's nature, location of shipment, or lack of appropriate weighing equipment, the consignor must mark it as "Over 2 tonnes but under 2.5 tonnes" or a similar approximation. Failure to comply with these requirements can result in a penalty of 5 penalty units. This Act also imposes obligations on ship masters. Section 2(2) states that the master of a ship who allows a package or cargo article weighing 2 tonnes or more, not properly marked as per the Act, to be loaded on board will be guilty of an offence and can face a penalty of 3 penalty units. Furthermore, section 2(3) requires the master to ensure that workers unloading such packages or articles from ships loaded outside Norfolk Island, which are not marked as required by the Act, receive verbal advice about the approximate weight of each package or article. This requirement also carries a penalty of 3 penalty units if not adhered to. The Act outlines specific penalties for breaches of its provisions. Non-compliance by consignors with the marking requirements stipulated in section 2(1) incurs a penalty of 5 penalty units. Similarly, ship masters who permit improperly marked heavy packages to be loaded (section 2(2)) or fail to provide adequate weight advice for unloaded packages (section 2(3)) face a penalty of 3 penalty units each. These penalties serve as deterrents and ensure compliance with the Act's requirements for marking and handling heavy packages on Norfolk Island.