Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The master of a vessel contravenes this subsection if:
(a) the master meets with, or is informed of, any serious danger to navigation on or near his or her course; and
(b) the master does not, at the earliest practicable time:
(i) send out to vessels in the vicinity, by all means of communication available to him or her, the safety signal prescribed by the regulations, followed by a message (the danger message ) conveying such information as is prescribed by the regulations; and
(ii) make a report to shore to the person prescribed by the regulations, and in the manner prescribed by the regulations.
(2) Subsection (1) does not apply if compliance with that subsection would interfere with the transmission of a signal of distress.
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.
Serious danger to navigation
(6) The reference in subsection (1) to a serious danger to navigation includes, but is not limited to, any of the following:
(a) dangerous ice;
(b) a dangerous derelict;
(c) a tropical storm;
(d) sub - freezing air temperature associated with gale force winds causing severe ice accretion on superstructures;
(e) winds of force 10 on the Beaufort scale for which no storm warning has been received.
Transmission to be free of cost
(7) The transmission under this section of danger messages or safety signals is to be free of cost to the vessels concerned.