South Australian Current Regulations

HARBORS AND NAVIGATION REGULATIONS 2023 - REG 58

58—Cargo manifests

        (1)         A manifest relating to cargo unloaded from a commercial vessel in a port must be given to the relevant port operator within 3 days after arrival of the vessel.

        (2)         A manifest relating to cargo loaded on to a commercial vessel in a port must be given to the relevant port operator within 7 days after departure of the vessel.

        (3)         A manifest—

            (a)         must be made in a manner and form determined by the relevant port operator; and

            (b)         if it is in writing, must be in English and must be legible; and

            (c)         must include, at least, the following information (given, if the relevant port operator so requires, by reference to codes or descriptions specified by the port operator):

                  (i)         the name of the vessel and the number assigned to the vessel by the International Maritime Organization;

                  (ii)         a description of the voyage being undertaken by the vessel;

                  (iii)         a description of the cargo (including the mass and volume of the cargo) sufficient for the purposes of calculating the charges payable to the port operator in respect of the cargo;

                  (iv)         if the cargo includes a container—

                        (A)         the number, type and dimensions of the container; and

                        (B)         details of the kinds of goods carried in the container; and

                        (C)         the gross weight of the goods carried in the container;

                  (v)         in the case of a container or other cargo unloaded from the vessel in the port—

                        (A)         the port of loading of the container or other cargo; and

                        (B)         the country of origin of the packed container or other cargo; and

                        (C)         if the country of destination of the packed container or other cargo is Australia—the State or Territory of destination; and

                        (D)         if the container or other cargo has been restored on the vessel in the port (with the vessel continuing on the same voyage)—a statement to that effect; and

                        (E)         if the container or other cargo has been or will be transhipped (ie reloaded on a vessel undertaking a different voyage) in the port—a statement to that effect;

                  (vi)         in the case of a container or other cargo loaded onto the vessel in the port (other than a container or cargo that has been unloaded from that vessel and restowed, with the vessel continuing on the same voyage)—

                        (A)         if the container or other cargo has been transhipped (ie unloaded from a vessel undertaking a different voyage and reloaded onto the vessel) in the port—a statement to that effect; and

                        (B)         if the country of origin of the packed container or other cargo is Australia—the State or Territory of origin; and

                        (C)         the port at which it is intended that the container or other cargo will be unloaded; and

                        (D)         the country of destination of the packed container or other cargo; and

            (d)         must be certified as correct by the operator or owner of the vessel.

        (4)         Any alteration or correction of a manifest must be notified to the relevant port operator as soon as possible.

        (5)         If an alteration or correction of a manifest is notified to the relevant port operator when it is not practicable by reason of the movement of the cargo for the alteration or correction to be verified by inspection of the cargo, the alteration need not be taken into account for the purposes of calculating the charges payable to the port operator in respect of the cargo.

        (6)         If a manifest is not received by the relevant port operator in accordance with this regulation, the charges payable to the port operator in respect of the cargo may be calculated on an estimate by the port operator of the size and nature of the cargo plus 10%.

        (7)         If a manifest (or an alteration or correction of a manifest) is not given to the relevant port operator in accordance with this regulation, the operator and the owner of the vessel are each guilty of an offence (but it is a defence to a charge of an offence against this regulation if the defendant proves that the defendant could not, by the exercise of reasonable diligence, have prevented the commission of the offence).

Maximum penalty: $1 250.

        (8)         A person who views a manifest in the course of official duties connected with the administration of the Act must not divulge the contents of that manifest to any person except in the course of those duties.

Maximum penalty: $1 250.