Northern Territory Consolidated Acts

MARINE ACT - SECT 97

    (1)     A person shall not send a vessel to sea knowing it to be an unsafe ship.

Penalty:     1250 penalty units.

    (2)     The master of a vessel shall not take it to sea, knowing it to be an unsafe ship.

Penalty:     1250 penalty units.

    (3)     It is a defence to a prosecution for an offence against subsection (1) or (2) that:

        (a)     the person charged used all reasonable means to ensure that the vessel was not an unsafe ship; or

        (b)     the sending or taking of the vessel to sea was, in the circumstances, reasonable and justified.

    (4)     The fact that an unsafe ship has been detained under section 186 shall not be a bar to proceedings under this section.

    (5)     In this section, "sea" includes Northern Territory waters.