Document ID: chunk:federal_register_of_legislation:F2023L01329:reg:19
Version: federal_register_of_legislation:F2023L01329
Segment Type: reg
Provision Reference: reg 19
Character Range: 18496–19502

19  Rule as to division of liability
 (1) If, because of 2 or more vessels, damage or loss is caused to:
 (a) those vessels or one or more other vessels; or
 (b) the cargo or freight of those vessels or one or more other vessels; or
 (c) property on board those vessels or one or more other vessels;
the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.
 (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.
 (3) This section does not make a ship liable for damage or loss if it was not at fault.
 (4) This section does not:
 (a) affect the liability of a person under a contract, including a contract of carriage; or
 (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or
 (c) affect the right of a person to limit the person's liability in the manner provided by law.