Obligation to render assistance if requisitioned
182 Obligation to render assistance if requisitioned
The master of a vessel that is in distress at sea may, after consulting so far as possible with the masters of vessels that answer his or her call for assistance, requisition a vessel that the master considers best able to render assistance.
The master of a vessel contravenes this subsection if:
the vessel is requisitioned under subsection (1) by the master of another vessel that is in distress at sea; and
the master does not cause his or her vessel to proceed as fast as practicable to the assistance of the other vessel.
Subsection (2) does not apply if:
the master is unable to comply with paragraph (2)(b); or
in the special circumstances of the case, it is unreasonable or unnecessary for the master to comply with paragraph (2)(b); or
the master of the vessel is informed by the person or persons in distress, or by the master of another vessel, that assistance is no longer necessary; or
the master is informed that another vessel has been requisitioned and is complying with the requisition.
Fault‑based offence
A person commits an offence if the person contravenes subsection (2).
Penalty: Imprisonment for 10 years.
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Requisition to assist vessel to which this Part does not apply
The master of a vessel in distress may requisition a vessel under this section even if the vessel in distress is not a vessel to which this Part applies.
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