Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is involved in an activity of packing, sending, stowing, loading, unloading, securing or carrying cargo, livestock or ship's stores on a vessel contravenes this subsection if:
(a) the person does not:
(i) ensure, so far as is reasonably practicable, that the activity is carried out in such a way that it does not damage the vessel, risk the safety of a person or damage the environment; and
(ii) carry out, or arrange the carrying out of, such procedures as may be necessary for compliance with subparagraph (i); and
(b) in the case of a foreign vessel--when the activity concerned occurs, the vessel is:
(i) in an Australian port; or
(ii) entering or leaving an Australian port; or
(iii) in the internal waters of Australia; or
(iv) in the territorial sea of Australia, other than in the course of innocent passage.
(2) Without limiting subsection (1), an owner of a vessel contravenes that subsection if the owner does not implement and maintain a safety management system that ensures, so far as is reasonably practicable, that an activity referred to in that paragraph is carried out in such a way that it does not damage the vessel, risk the safety of a person or damage the environment.
Fault - based offence
(3) A person commits an offence if the person:
(a) contravenes subsection (1); and
(b) is reckless as to whether the activity that constitutes the contravention risks damaging the vessel, the safety of a person or damaging the environment.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.