Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - SECT 130

130 Obligation of master to give help

(1) If the master of a Queensland regulated ship at sea has reason to believe that persons on or from a ship or aircraft are in distress at sea, the master must, unless the master cannot do so or, in the special circumstances of the case, considers it unreasonable or unnecessary to do so, go as quickly as possible to help the persons and, if possible, inform them that this is happening.

Penalty—

Maximum penalty—500 penalty units or imprisonment for 1 year.

(2) The master of a ship or aircraft in distress at sea may, after consultation as far as practicable with the masters of ships that answer the master’s call for help, requisition any Queensland regulated ships that the master considers best able to help.

(3) The master of a Queensland regulated ship requisitioned under subsection (2) must comply with the requisition by going as quickly as possible to help the persons in distress.

Penalty—

Maximum penalty—500 penalty units or imprisonment for 1 year.

(4) However, if the contravention of subsection (1) or (3) causes the death of, or grievous bodily harm to, a person, the relevant master commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.

(5) If the master of a Queensland regulated ship that has not been requisitioned is informed of the requisition of another ship and that the requisition is being complied with by the other ship, the master is released from the master’s obligation under subsection (1) .

(6) If the master of a Queensland regulated ship is informed by persons in distress, or by the master of another ship that has reached persons in distress, that help is no longer necessary, the master is released from any obligation under subsection (1) or (3) in relation to the persons.

(7) The master of a Queensland regulated ship must make a record—

(a) of any information received by the master that persons on or from a ship or aircraft are in distress at sea; and

(b) if the master did not go as quickly as possible to help the persons—the master’s reasons.

Penalty—

Maximum penalty—500 penalty units.

Note—

See also the national law , sections 85 to 87 in relation to obligations on masters of domestic commercial vessels.