Tolerance, enforcement and delays
Permitted tolerance of a verified gross mass
The permitted tolerance is not specified. Marine order 42 specifies the equipment accuracy standards to be applied. As indicated in section 10.3 of Marine Order 42 this means the equipment is calibrated and certified:
- as required to comply with:
- the National Measurement Act 1960
- the National Measurement Regulations 1999
- the National Trade Measurement Regulations 2009, or
- in our approved list of accuracy standards.
More details are available in the Instrument of approval—approved accuracy standards for weighing equipment for the determination of verified gross mass.
Enforcement of requirements
You must use equipment that meets the prescribed standards of accuracy to obtain a VGM. We may audit shippers to ask for evidence as to how they obtain the VGM in accordance with the order. Audits can also be triggered when we become aware of suspected non-compliance.
In such cases AMSA will examine the processes by which the shipper obtained the VGM. This includes examination of any agreements with, and actions of, third parties and such inspections as necessary to confirm the shipper is obtaining and providing the VGM in accordance with Marine Order 42.
We will take action to ensure compliance. The legislation provides compliance mechanisms and strict penalties. The nature of enforcement will depend on the circumstances. For the monitoring powers of inspectors see section 259 of the Navigation Act.
Dealing with delays
There may be delays when providing or transmitting the VGM, particularly when using electronic documentation. We will act as recommended in the IMO MSC.1 Circ.15481 regarding these provision or transmission issues if they arise.
We will focus on promoting compliance. We will assist stakeholders to comply where issues are noted.
We will not apply the civil or criminal penalties contained in the legislation unless the circumstances indicate there is no other option.