MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 93 Reporting requirements in relation to reportable incidents
MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 93
Reporting requirements in relation to reportable incidents(1) This section applies if a reportable incident occurs and a person is killed or injured or there is significant damage to property, or property is lost or destroyed, as a result of the incident.
(2) The master of the vessel involved in the reportable incident, as the case requires—
(a) must immediately stop the vessel, drop anchor or otherwise secure the vessel; and
(b) must immediately render such assistance as he or she can; and
(c) must at the scene of the reportable incident as soon as possible give his or her name and address and also the name and address of the owner of the vessel and the identifying mark of the vessel—
(i) to any person who has been injured or to the owner of any property which has been damaged, destroyed or lost; or
(ii) to a person representing the injured person or the owner of the property; and
(d) must at the scene of the reportable incident as soon as possible give those names and addresses to any member of the police force who is present; and
(e) if any person is injured and no member of the police force is present at the scene of the incident, must as soon as possible report in person full particulars of the incident at the police station that is most accessible from the scene of the incident if that station is open and, if it is not open, at the next most accessible station; and
(f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any member of the police force is present at the scene of the incident, must as soon as possible report in person full particulars of the incident at the police station that is most accessible from the scene of the incident if that station is open and, if it is not open, at the next most accessible station.
(3) If—
(a) as a result of the reportable incident a person is killed or suffers serious injury; and
(b) the master of the vessel knows or ought reasonably to have known that the reportable incident had occurred and had resulted in a person being killed or suffering serious injury; and
(c) did not comply with subsection (2)(a) or (b) in relation to the reportable incident—
the master of the vessel is guilty of an offence and liable to a penalty not
exceeding 6 months imprisonment or 60 penalty units, or both.
s. 93
(4) If—
(a) as a result of the reportable incident a person is killed or suffers serious injury; and
(b) the master of the vessel does not comply with subsection (2)(c), (d) or (e)—
the master is guilty of an offence and liable to a penalty not exceeding 60 penalty units.
(5) If—
(a) as a result of the reportable incident a person is injured; and
(b) the master of the vessel does not comply with subsection (2)—
the master is guilty of an offence and liable to a penalty not exceeding 60 penalty units.
(6) If no person is killed or suffers injury as a result of the reportable incident and the master of the vessel does not comply with subsection (2), the master of the vessel is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
(7) On conviction of a person for, or finding a person guilty of, an offence against this section, the court may cancel any marine licence or certificate of competency held by the person and, whether or not that person holds a marine licence or certificate of competency, disqualify him or her from obtaining a marine licence or certificate of competency for a period not exceeding 8 years.
(8) The specifying by subsection (3) of fault elements for an offence against that subsection is not intended to affect the question of whether fault elements are required for any other offence against this section or any other provision of this Act.