Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_71:p1
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 71 (pt 1/2)
Character Range: 46782–49305

71  Subsection 268(1)
Repeal the subsection, substitute:

 (1) This section applies to a ship if:
 (a) it is a ship to which Part II applies; or
 (b) it is either within Australia or on a voyage to a port in Australia.

 (1A) If the ship has sustained or caused an accident occasioning loss of life or serious injury to a person, the master of the ship must:
 (a) as soon as practicable, having regard to the means of communication available to him or her, report the accident to such member of staff of the Authority as is prescribed; and
 (b) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the accident.

Penalty: 500 penalty units.

 (1B) If:
 (a) the ship has sustained an accident or has otherwise received damage, or a defect in the ship or its boilers, machinery or equipment has been discovered; and
 (b) the accident, damage or defect has affected, or is likely to affect:
 (i) the seaworthiness or safety of the ship; or
 (ii) the efficient operation or the safety of the boilers, machinery or fixed equipment of the ship; or
 (iii) the efficiency or completeness of the life‑saving appliances or other safety equipment of the ship;
the master of the ship must:
 (c) as soon as practicable, having regard to the means of communication available to him or her, report the accident, damage or defect to such member of staff of the Authority as is prescribed; and
 (d) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the accident, damage or defect.

Penalty: 200 penalty units.

 (1C) If the ship:
 (a) has been in a position of great peril, either from the action of some other ship or from danger of wreck or collision; or
 (b) has been stranded or wrecked; or
 (c) has fouled or done any damage to a pipeline or submarine cable or to a lighthouse, lightship, beacon, buoy or other marine mark, except a lighthouse, lightship, beacon, buoy or marine mark to which section 19B of the Lighthouses Act 1911 applies;
the master of the ship must:
 (d) as soon as practicable, having regard to the means of communication available to him or her, report the event to such member of staff of the Authority as is prescribed; and
 (e) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the event.

Penalty: 200 penalty units.

 (1D) If the ship:
 (a)