Disclosure of matters affecting safety
39A Disclosure of matters affecting safety
This rule applies to the following persons in relation to a proceeding commenced as an action in rem:
a party who has applied, under rule 39, for an arrest warrant in respect of the ship or other property against which the proceeding was commenced;
a party appearing in the proceeding after the execution of the arrest warrant;
the master of a ship against which the proceeding was commenced.
Each person referred to in subrule (1) must disclose to the Marshal any fact or matter that the person is aware of that:
could affect the safety of:
the Marshal, master, crew or any other person; or
the ship or any other property (including, for example, cargo on the ship);
in, or in relation to, the arrest or custody of the ship or property; or
relates to:
the risk or occurrence of pollution; or
damage to a person, property or the marine environment;
by or from the ship or property (including, for example, cargo on the ship).
The disclosure under subrule (2) must be made as soon as possible after the person becomes aware of the fact or matter and before the ship or property is released from arrest.
This Act’s bill:Explanatory statement
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