Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 181

Obligation to render assistance

  (1)   The master of a vessel contravenes this subsection if:

  (a)   the vessel is at sea; and

  (b)   the master has reason to believe that one or more persons are in distress at sea; and

  (c)   the master does not both:

  (i)   cause the vessel to proceed as fast as practicable to the assistance of the person or persons; and

  (ii)   inform the person or persons that the master is doing so.

  (2)   Subsection   (1) does not apply if:

  (a)   the master is unable to comply with paragraph   (1)(c); or

  (b)   in the special circumstances of the case, it is unreasonable or unnecessary for the master to comply with paragraph   (1)(c); or

  (c)   the master of the vessel is informed by the person or persons in distress, or by the master of another vessel, that assistance is no longer necessary; or

  (d)   the master is informed that another vessel has been requisitioned and is complying with the requisition.

Fault - based offence

  (3)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   Imprisonment for 4 years.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).



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