Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 181

  (1)   The master of a vessel contravenes this subsection if :

  (a)   the vessel is at sea; and

  (b )   the master has reason to believe that one or more persons are in distress at sea; and

  (c )   the master does not both:

  ( i )   cause the vessel to proceed as fast as practicable to the assistance of the person or persons; and

  (ii)   inform the person or persons that the master is doing so.

  (2)   Subsection   ( 1) does not apply if:

  (a)   the master is unable to comply with paragraph   ( 1)(c); or

  (b)   in the special circumstances of the case, it is unreasonable or unne cessary for the master to comply with paragraph   ( 1)(c) ; or

  (c)   the master of the vessel is informed by the person or persons in distress, or by the master of another vessel , that assistance is no longer necessary; or

  (d)   the master is informed that another vessel has been requisitioned and is complying with the requisition.

Fault - based offence

  (3 )   A person commits an offence if the person contravenes subsection   ( 1).

Penalty:   Imprisonment for 4 years.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 2) ( see subsection   13.3(3) of the Criminal Code ).