Navigation Act 2012

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:

the person does not:

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

carry out, or arrange the carrying out of, such procedures as may be necessary for compliance with subparagraph (i); and

in the case of a foreign vessel—when the activity concerned occurs, the vessel is:

in an Australian port; or

entering or leaving an Australian port; or

in the internal waters of Australia; or

in the territorial sea of Australia, other than in the course of innocent passage.

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.

A person commits an offence if the person:

contravenes subsection (1); and

is reckless as to whether the activity that constitutes the contravention risks damaging the vessel, the safety of a person or damaging the environment.

A person is liable to a civil penalty if the person contravenes subsection (1).