General safety obligation of ship owners and masters about condition of ships
41 General safety obligation of ship owners and masters about condition of ships
The owner and master of a ship must not operate the ship unless the ship is safe.
Maximum penalty—500 penalty units or imprisonment for 1 year.
However, if the contravention of subsection (1) causes a marine incident involving the death of, or grievous bodily harm to, a person, the owner and master commit an indictable offence and are liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
For the purposes of this section, a ship is safe if it is seaworthy, and is appropriately equipped and crewed, to meet the ordinary perils of the voyage on which the ship is proceeding or about to proceed.
This Act’s bill:Explanatory memorandum
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