Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 180

   Unseaworthy ships: Endangering life on ships: Breaches of duty by seamen: Failure to assist vessel in collision
(1)  Any person who in any river or inland waters in this State –
(a) causes, or is a party to causing, or be used or employed for the carriage of passengers or goods any ship that is in such an unseaworthy state that the life of any person is likely to be thereby endangered; or
(b) being the master of any such ship, knowingly uses the same –
is guilty of a crime.
Charge:  Using an unseaworthy ship.
(2)  Any person who, in or upon any ship, does any act with respect to such ship or any part thereof, or omits to perform any duty with respect thereto, knowing in either case that the safety of any person on such ship is or is likely to be thereby endangered, is guilty of a crime.
Charge:  Endangering life on a ship.
(3)  Any master, seaman, or apprentice belonging to any ship who, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness –
(a) does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship; or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board such ship, from immediate danger to life or limb –
is guilty of a crime.
Charge:  Breach of duty as a seaman.
(4)  In every case of collision between 2 vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without danger to his own vessel, crew, or passengers, if any, to render to the other vessel, her master, crew, and passengers, if any, such assistance as may be practicable and necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no need of further assistance; and any person failing, without reasonable cause, to perform any such duty as aforesaid is guilty of a crime.
Charge:  Failing to assist vessel in collision.
(5)  For the purposes of this section the term ship means a ship employed exclusively in trading or going from place to place in any river or inland waters in this State, or employed in carrying passengers therein.
(6)  In any proceedings under subsection (1) it shall be a defence to prove –
(a) that the use of such vessel was reasonable and justifiable under the circumstances; or
(b) that the accused, not being such master as aforesaid, used all reasonable means to ensure the ship being in a seaworthy state when so used.



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