Transport Operations (Marine Safety) Act 1994

This section applies if a shipping inspector finds—

a person operating a ship that—

is not registered under this Act; or

is registered under this Act, but is operating in waters beyond the waters in which the ship is authorised to operate under its registration; or

a person operating a ship as its master, or acting as a crew member of the ship, and the person is not appropriately licensed; or

a person operating a ship that—

is required by a regulation to be equipped with safety equipment for the waters in which the ship is being operated; and

is not equipped with the safety equipment.

If subsection (1)(a)(i) or (b) applies, the inspector may, by written notice, require the master of the ship—

to take the ship to a reasonable anchorage, berth or mooring stated in the notice (stated destination) within the reasonable time stated in the notice; and

to not operate the ship for any purpose other than taking it to the stated destination.

If subsection (1)(a)(ii) applies, the inspector may, by written notice, require the master of the ship—

to take the ship to waters in which it is authorised to operate under its registration (operating waters) within the reasonable time stated in the notice; and

to not operate the ship for any purpose other than taking it to the operating waters.

If subsection (1)(c) applies, the inspector may, by written notice, require the master of the ship—

to take the ship to waters for which the ship has the required safety equipment (also operating waters) within the reasonable time stated in the notice; and

to not operate the ship for any purpose other than taking it to the operating waters.

The master must comply with a requirement under subsection (2), (3) or (3A), unless the master has a reasonable excuse.

If a master takes a ship to a stated destination as required under subsection (2)—

the master does not contravene section 57; or

the master or crew member does not contravene section 61(1) or (2);

If a master takes a ship to its operating waters as required under subsection (3), the master does not contravene section 57 while operating the ship to take it to the waters.

If a master takes a ship to its operating waters as required under subsection (3A), the master does not contravene section 44 while operating the ship to take it to the waters.

If a master complies with a requirement under subsection (2), (3) or (3A), the requirement ceases to have effect when the ship reaches the stated destination or operating waters.

A notice under subsection (2), (3) or (3A) must include a brief statement of the grounds for giving the notice.

In this section—