Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_101
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 101
Character Range: 66275–67425

101  Subsection 410B(2)
Repeal the subsection, substitute:

 (2) Despite any law of the Commonwealth or of a State or Territory, the owner or master of a ship navigating under circumstances in which pilotage is compulsory under such a law is answerable for any loss or damage caused by the ship, or by a fault of the navigation of the ship, in the same manner as the master or owner would if pilotage were not compulsory.

 (3) If a pilot:
 (a) does an act, issues an instruction, or provides information or advice in or in relation to the pilotage of a ship; and
 (b) that act is done, that instruction is issued, or that information or advice is provided, in the course of the pilot's duty and in good faith; and
 (c) that act, instruction, information or advice affects the navigation of the ship so that loss or damage is caused to or by the ship;
neither the pilot nor any pilotage provider responsible for the provision of the pilot's services is liable in civil proceedings for that loss or damage.

Note: The heading to section 410B is altered by omitting "Liability of master or owner of" and substituting "Civil liability in relation to".