Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (MARITIME SAFETY) (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 351 - SCHEDULE 1

(regulation 3)

[1] Regulations 1 and 2

substitute

1 Name of Regulations

These Regulations are the Navigation (Collision) Regulations 1982.

2 Purpose of Regulations

These Regulations are made for section 258 of the Navigation Act 1912.

[2] Regulations 4, 5, 6 and 7

substitute

4 Measures to be observed for the prevention of collisions

The measures to be observed for the prevention of collisions are the measures required by Part 30 (Prevention of Collisions) of the Marine Orders.

5 Lights and signals

The lights and signals to be provided and used on a ship are the lights and signals required by Part 30 (Prevention of Collisions) of the Marine Orders.

6 Requirements of Orders to be complied with

(1)

A master, mate or other person concerned with the navigation, management or working of a ship is guilty of an offence if he or she fails to comply with any measure required by Part 30 (Prevention of Collisions) of the Marine Orders relating to the prevention of collisions and the provision and use of lights and signals.

(2)

An offence against subregulation (1) is an offence of strict liability.

Note 1
Subsection 258 (7) of the Navigation Act 1912 provides:

(7)

A person who is guilty of an offence against the regulations made by virtue of this section is punishable on conviction:

(a)

if the offender is a natural person—by a fine not exceeding $10,000 or imprisonment for a period not exceeding 2 years, or both; or

(b)

if the offender is a body corporate—by a fine not exceeding $20,000.

Note 2
For strict liability , see section 6.1 of the Criminal Code .