Victorian Consolidated Legislation

Marine Act 1988 - SECT 20

Duty of owner or person in charge if accident occurs

20. Duty of owner or person in charge if accident occurs



(1) If as a result of an accident involving a vessel on State waters any
person is injured or dies or any property is damaged or destroyed, the person
in charge of the vessel must-

   (a)  immediately render any assistance that he or she can; and

   (b)  as soon as possible give his or her name and address, the name and
        address of the owner of the vessel and any identifying number of the
        vessel to-

   (i)  any person who has been injured, or who owns any property which has
        been damaged or destroyed, or to the representative of any such person
        or of a person who has died; and

   (ii) any member of the police force who is present; and

   (c)  if-

   (i)  any person is injured or dies; and

   (ii) no member of the police force is present at the scene of the accident-
        report, in person and without delay, full particulars of the accident
        at the police station that is most accessible to the scene of the
        accident if that station is open or, if it is not, at the next most
        accessible station that is open; and

   (d)  if-

   (i)  any property is damaged or destroyed; and

   (ii) neither the owner of the property nor a representative of the owner,
        nor any member of the police force, is present- report, in person and
        without delay, full particulars of the accident at the police station
        that is most accessible to the scene of the accident if that station
        is open or, if it is not, at the next most accessible station that is
        open.

(1A) If the vessel involved in the accident did not have anyone on board at
the time the accident occurred, the owner, or the person in charge, of the
vessel must as soon as possible after becoming aware of the accident comply
with subsection (1) as far as circumstances permit.

(2) A person who contravenes subsection (1) is guilty of an offence and is
liable-

   (a)  if as a result of the accident a person is injured or dies-

   (i)  to a penalty of not more than 3 penalty units for a first offence; and

   (ii) to a penalty of not more than 5 penalty units for a subsequent
        offence; and

   (b)  if no person is injured or dies as a result of the accident-

   (i)  to a penalty of not more than 2 penalty units for a first offence; and

   (ii) to a penalty of not more than 4 penalty units for a subsequent
        offence.

(3) The owner or master of a trading vessel, fishing vessel or hire and drive
vessel which is involved in an accident must report, in writing and without
delay, to the Director full particulars of the accident.

Penalty: 3 penalty units.

(4) The owner or master of a trading vessel, fishing vessel or hire and drive
vessel which is involved in an incident in which any vessel or person is
placed at risk of damage or injury must report, in writing and without delay,
to the Director full particulars of the incident.

Penalty: 3 penalty units.

(5) The Chief Commissioner of Police may disclose to the Director any
information in the possession of the Chief Commissioner concerning any
accident involving a vessel on State waters or any incident in which any
vessel or person is placed at risk of damage or injury.