Marine Safety Act 1998 No 121
Historical version for 25 January 2008 to 31 July 2008 (accessed 27 November 2014 at 12:34) Current version

94   Definitions

(1)  In this Part:

Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the Transport Administration Act 1988.

ferry has the same meaning as it has in the Passenger Transport Act 1990.

incompetence of the holder of a marine safety licence includes the inefficient performance of any lawful duty required of the holder of that licence.

marine accident means any of the following events involving a vessel operating in navigable waters:

(a)  the loss of life of, or injury to, any person on board the vessel,
(b)  the loss of a person from the vessel,
(c)  the loss of life or injury to a person that is caused by the vessel,
(d)  the loss, or presumed loss, of the vessel (including the sinking or abandonment of the vessel),
(e)  the capsizing, grounding or flooding of the vessel,
(f)  the collision of the vessel with another vessel or with any object,
(g)  the vessel being disabled at sea (in any case in which it requires assistance),
(h)  any fire on board the vessel,
(i)  any damage being caused to the vessel (including any structural failure),
(j)  any damage to the environment caused by the vessel or by any substance on, or discharged from, the vessel,
(k)  any incident that causes danger of any of the above,
but does not include anything excluded from this definition by the regulations.

misconduct by the holder of a marine safety licence includes:

(a)  carelessness in carrying out any lawful duty required of that holder, or
(b)  carrying out any duty while under the influence of alcohol or any other drug, or
(c)  any other act or omission that indicates that the person is not a fit and proper person to act in the capacity required by the licence.

public passenger service has the same meaning as it has in the Passenger Transport Act 1990.

(2)  In this Part, a reference to the holder of a marine safety licence includes a reference to a person whose licence is suspended or cancelled or has otherwise ceased to have effect.
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