Transport Operations (Marine Safety) Act 1994

A direction under this subdivision may be given as a general direction or particular direction.

A general direction is a direction that—

applies to all ship owners, ship masters, ships, other persons or matters; or

is limited in its application to stated classes of ship owners, ship masters, ships, other persons or matters; or

otherwise applies generally or generally with stated exceptions or factors.

A general direction may—

make different provision for different ship owners, ship masters, ships, other persons or matters, or different classes of ship owners, ship masters, ships, other persons or matters; or

apply differently to stated exceptions or factors.

A particular direction is a direction that applies to—

a particular ship owner or ship master, including an owner or master mentioned in the direction only as the owner or master of a stated particular ship; or

a particular ship; or

another particular person or matter.

A general direction or particular direction may be given orally, in writing or in another way.

Without limiting subsection (5)—

an oral direction may be given by the harbour master, an agent of the 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 any person to whom it applies, including, for example, by use of flags or lights.

For a particular direction applying to a ship’s master, 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 particular direction given under subsection (7) 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.