Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SCHEDULE 5A

Section 187A

CHAPTER I

Regulation 2

Amend the heading of Regulation 2 to read: "Maintenance and Examination".

In paragraph 3, line 4, delete the word "maintenance" and insert therefor "examination".

Add at the end of paragraph 4 the following text:

"As a transitional provision, any requirements for marking on containers the date of the first examination of new containers or the re-examination of new containers covered in Regulation 10 and of existing containers shall be waived until 1 January 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners."

Add at the end of paragraph 5 the following text:

"However, in the event that the owner is domiciled or has his head office in a country the government of which has not yet made arrangements for prescribing or approving an examination scheme and until such time as the arrangements have been made the owner may use the procedure prescribed or approved by the Administration of a Contracting Party which is prepared to act as 'the Contracting Party concerned'. The owner shall comply with the conditions for the use of such procedures set by the Administration in question."

CHAPTER IV

Amend the heading to read:

"REGULATIONS FOR APPROVAL OF EXISTING CONTAINERS AND NEW CONTAINERS NOT APPROVED AT THE TIME OF MANUFACTURE".

Regulation 9

Add to the end of paragraph 1 the following:

"The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985."  Insert a new Regulation 10 reading:

" Regulation 10

Approval of New Containers Not Approved at Time of Manufacture

If, on or before 6 September 1982, the owner of a new container which was not approved at the time of manufacture presents the following information to an Administration:

   (a)     date and place of manufacture;

   (b)     manufacturer's identification number of the container if available;

   (c)     maximum operating gross weight capability;

   (d)     evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II;

   (e)     allowable stacking weight for 1.8g (kilogrammes and lbs); and

   (f)     such other data as required for the Safety Approval Plate;

the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter II. Where approval is granted, such approval shall be notified to the owner in writing, and this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985."