Transport Operations (Marine Safety) Act 1994

The general manager may give a direction under this section only if the general manager is satisfied that exceptional circumstances exist to justify the general manager’s intervention in the public interest.

The general manager may direct the master of a ship to navigate or otherwise operate the ship in relation to a pilotage area in a stated way, including, for example, in any of the following ways—

not to cause the ship to enter the pilotage area;

to cause the ship to enter the pilotage area in a stated way;

to navigate the ship in the pilotage area in a stated way;

to anchor, berth or moor the ship at a stated place in, or adjacent to, the pilotage area;

to move the ship from an anchorage, berth or mooring in the pilotage area;

to cause the ship to leave the pilotage area or to leave the pilotage area in a stated way.

The direction may be given orally, in writing or in another way.

Without limiting subsection (3)—

subject to the direction of the general manager, an oral direction may be communicated on the general manager’s behalf by a harbour master, an agent of a harbour master or a shipping inspector—

personally to a person; or

by phone, radio or another form of electronic communication; or

by megaphone or another form of distance communication; or

a written direction may be given by way of a written notice published or otherwise reasonably made available or known to any person to whom it applies, including, for example, by publication in a newspaper or by a fax or email; or

a direction may be given in another way appropriate for the maritime environment by being published or otherwise reasonably made available or known to the master, including, for example, by use of flags or lights.

The direction may be given to another person in control of the ship if it is not practicable to give the particular direction to the ship’s master.

A direction given under subsection (5) to a person in control of a ship, other than the ship’s master, is taken to have been given to the ship’s master.

In a proceeding, if an issue arises about whether a direction was given to a person, the party alleging the direction was given must prove that the person had, or reasonably ought to have had, knowledge of the direction.

A person must not contravene a direction given under this section, unless the person has a reasonable excuse for the contravention.