Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_84
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 84
Character Range: 60740–62774

84  Subsection 386A(2)
Repeal the subsection, substitute:

 (2) If:
 (a) a master or seaman is, while on board a ship:
 (i) under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person's capacity to carry out the person's duties as master or seaman is impaired; or
 (ii) in breach of his or her duty as such a master or seaman; or
 (iii) operating the ship in a dangerous manner; and
 (b) the impairment, breach of duty or manner of operation causes or contributes to:
 (i) the likelihood of loss or destruction of, or damage to, the ship or another ship, or to the cargo or equipment of the ship or another ship; or
 (ii) the loss or destruction of, or damage to, the ship or another ship, or to the cargo or equipment of the ship or another ship; or
 (iii) the likelihood of injury to, or of the death of, another person; or
 (iv) injury to, or the death of, another person;
the master or seaman commits an offence against this subsection.

 (3) An offence against subsection (2) is punishable, on conviction, as follows:
 (a) if the impairment, breach of duty or manner of operation caused or contributed to the likelihood of loss or destruction of, or damage to, the ship or another ship, or to the cargo or equipment of the ship or another ship—imprisonment for 2 years;
 (b) if the impairment, breach of duty or manner of operation caused or contributed to the actual loss or destruction of, or damage to, the ship or another ship, or to the cargo or equipment of the ship or another ship—imprisonment for 4 years;
 (c) if the impairment, breach of duty or manner of operation caused or contributed to the likelihood of injury to, or of the death of, another person—imprisonment for 5 years;
 (d) if the impairment, breach of duty or manner of operation caused or contributed to injury to another person—imprisonment for 7 years;
 (e) if the impairment, breach of duty or manner of operation caused or contributed to the death of another person—imprisonment for 10 years.