Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 145

    In determining the standard of care a reasonable person would exercise in operating a vessel and whether there was a risk that a result mentioned in a provision of this Part would happen, the matters to which the eligible court may have regard include the following:

  (a)   the characteristics of the vessel;

  (b)   the vessel ' s cargo and the risks of pollution or damage to the marine environment if that cargo is released;

  (c)   the amount of bunker oil on board the vessel and the risk of pollution or damage to the marine environment if that amount of oil is released;

  (d)   the state of visibility;

  (e)   the state of the wind, sea and current;

  (f)   the presence of other vessels in the vicinity;

  (g)   the presence of navigation hazards in the vicinity;

  (h)   the rules under the Prevention of Collisions Convention;

  ( i )   operational requirements imposed by law.