Division 2 Duties of masters and owners in case of marine accidents

98   Requirements of masters in case of accident involving vessels

(1)  The master of a vessel involved in a marine accident involving 2 or more vessels or the death of or injury to any person:

(a)  must stop the vessel, and

(b)  must give any necessary assistance that the master is able to give to any person injured or vessel damaged in the accident.

(2)  The master of a vessel involved in a marine accident, if required to do so by any person having reasonable grounds for so requiring:

(a)  must produce any marine safety licence required under this Act to be held by the master, and

(b)  must give particulars of his or her name and place of residence, the name and address of the owner of the vessel, the name of the vessel and any distinguishing number that is, or is required to be, displayed on the vessel by law.

(3)  The master of a vessel involved in a marine accident, if required so to do by any authorised officer, must give such particulars of the marine accident as the officer requires and the master is able to give.

Note. A failure to comply with the requirements of this section or of any other provision of this Division does not constitute an offence if there was a reasonable excuse for that failure—see section 102.

99   Duty to report marine accidents to Minister

(1)  When a marine accident occurs in connection with a vessel, the master of that vessel (and the owner of the vessel if aware of the accident) must send a report to the Minister containing particulars of the accident as soon as practicable by the quickest means available.

(2)  A report is not required to be sent:

(a)  if a report of the marine accident has already been sent by the owner or master, or

(b)  in any other case prescribed by the regulations.

(3)  After receiving a report of a marine accident, the Minister may require further information from the owner or master of a vessel involved in the accident to determine whether an investigation should be ordered into the marine accident.

100   Marine accident particulars

The particulars of a marine accident required to be furnished or reported under this Division are as follows:

(a)  the time, place and nature of the marine accident,

(b)  the name and distinguishing number (if any) of each vessel involved in the marine accident,

(c)  the name and address of each person who was involved in or was a material witness to the marine accident,

(d)  any loss of life or the estimated extent of any injury or damage resulting from the marine accident.

101   Preservation of evidence

The owner or master of a vessel involved in a marine accident (or other person concerned in the accident) must take all reasonable measures to preserve any evidence relating to the marine accident (including nautical charts, log books and other documents) if he or she has reason to believe that the evidence may be required for an investigation into the marine accident.

Note. The Interpretation Act 1987 provides that documents include computer and other electronic records.

102   Offence

A person who:

(a)  without reasonable excuse fails to comply with any provision or requirement of this Division, or

(b)  furnishes any particulars or information under this Division that the person knows to be false or misleading,

is guilty of an offence.

Maximum penalty: 50 penalty units.