COMPARISON: CONTAINER WEIGHT DECLARATION VS MANDATORY VERIFIED GROSS MASS
COMPARISON: CONTAINER WEIGHT DECLARATION VS MANDATORY VERIFIED GROSS MASS
Container weight declaration (CWD)
Mandatory verified gross mass
Source of requirement
Heavy Vehicle National Law.
Marine Orders 42 and 44 (to be released early to mid 2016).
Territorial application
Australia-wide (WA has its own, substantially similar, laws).
Australia-wide.
Responsible person
‘Responsible entity’ is:
‘Shipper’, i.e. the person named as shipper on the ocean
bill of lading (the document required for freight shipments
across international waters).
§§ the consignor in Australia; or
§§ if there is no such person, the person in Australia who
arranged for the container to be transported by road; or
§§ if there is no such person, the person in Australia who
physically offered the container for road transport.
Form
The CWD must be:
§§ in writing;
§§ easily legible; and
No particular form is mandated, but it must be signed by
or on behalf of the shipper and therefore, as a matter of
practice, it must be in writing.
§§ in a form readily available to an authorised officer.
Required content
Weighing/calculation
method
The CWD must:
The gross mass of the container as packed.
§§ state the weight of the container and its contents;
§§ state the number and other particulars of the container
necessary to identify it;
§§ state the name and address of the responsible entity for
the container; and
§§ include the date on which it is made.
Must state that the gross mass is ‘verified’.
None mandated.
§§ Method 1: Loaded container to be weighed using
equipment certified by the National Measurement
Institute (NMI); or
§§ Method 2: Container and each item (e.g. goods,
packaging, pallets and dunnage) loaded into the container
to be weighed using equipment certified by the NMI.
Partial exceptions to Method 2:
§§ the tare mass marked on the container information
plate may be used as an alternative to actually weighing
the container; and
§§ individual original sealed items with their accurate packed
weight marked on them (e.g. TVs in marked packaging)
may be used as an alternative to actual weighing.
Accuracy tolerance
Stated information must not be false or misleading in a
material particular.
Not specified.
Prohibited conduct
A driver cannot drive on a public road and no other person
can instruct the driver to drive on a public road until the
driver is provided with a CWD.
A container cannot be loaded onto a ship until the gross
mass has been verified.
Penalty
Maximum penalty of $10,000.
The shipper or person failing to provide the verified gross
mass will likely be held liable for having the container
weighed, all container movements and handling any delays
to the cargo and vessel. Commercial penalties apply.
When law is in force
Currently.
From 1 July 2016.
This document does not constitute legal advice. It is intended as a starting point to help you develop a document appropriate to your individual situation and
will need to be tailored to your specific circumstances in light of any applicable laws that apply in your jurisdiction. You should seek professional advice about the
necessary amendments. If you require specific legal advice, please contact the Editor of this publication or your own legal advisers. © 2016 Portner Press Pty Ltd