General safety obligation on persons involved with operation of ship
43 General safety obligation on persons involved with operation of ship
A person involved with a ship’s operation (including the owner, master and crew members) must not cause the ship to be operated unsafely.
Maximum penalty—500 penalty units or imprisonment for 1 year.
Without limiting subsection (1), a person causes a ship to be operated unsafely if the person causes the ship to be operated in a way that—
causes a marine incident; or
contravenes—
a condition of the ship’s registration under this Act that is about safety; or
a provision of a regulation that is declared by a regulation to be a provision to which this section applies.
However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the owner, master, crew member or other person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
A person does not contravene this section because of subsection (2)(a) if the only basis for holding that a marine incident has been caused is lawful damage to, or danger of lawful damage to, property of which the person is the sole owner.
This section does not apply to a ship’s pilot.
Note—
See section 45 for the obligation on pilots of ships.
In this section—
lawful damage means damage that is not unlawful under the Criminal Code, section 469.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
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