Document ID: chunk:federal_register_of_legislation:F2019C00897:front:0:p3
Version: federal_register_of_legislation:F2019C00897
Segment Type: other
Provision Reference: 
Character Range: 5390–8352

is a strict liability offence.
       (4)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Note   A person is not criminally responsible for an offence if the conduct constituting the offence is a reasonable response to an emergency — see Section 10.3 of the Criminal Code Act 1995. This may apply, for example, in medical or other emergencies where it is necessary to evacuate a person requiring urgent medical attention or embark medical or other emergency personnel.

7 Owner's SMS responsibilities
       (1)The owner of a vessel must ensure that the arrangements for the vessel mentioned in subsection 6(1) are included in the vessel's safety management system.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Note 1   The ICS Guide may provide useful background information for the owner when developing the safety management system for the vessel.
Note 2   See Marine Order 58 (Safe management of vessels) 2015 and Marine Order 31 (SOLAS and non-SOLAS certification) 2019 for safety management system requirements for vessels.

8 Master's responsibilities for SMS instruction, equipment and training
       (1)The master of a vessel must ensure that:
(a) the vessel's seafarers are given instructions about their responsibilities for the implementation of the vessel's safety management system; and
(b) the equipment mentioned in paragraph 6(2)(a) is accessible and maintained in working order; and
(c) the seafarer training mentioned in paragraph 6(2)(b) is carried out.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

9 Seafarers' responsibility to carry out SMS instructions
       (1)A seafarer must carry out the instructions mentioned in paragraph 8(1)(a) that are given to the seafarer.
Penalty: 50 penalty units.
       (2)An offence against subsection (1) is a strict liability offence.
       (3)A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

10 Determination of landing or winching area
       (1)The owner of a vessel must:
(a) determine the location and size of a landing or winching area for a vessel that is, to the extent that is practical, in accordance with the dimensions and obstacle free zones recommended in the ICS Guide for the kind of area; and
(b) before a vessel–helicopter operation commences — document any divergence from the recommendations in the ICS Guide on determining a landing or winching area.
       (2)However, in an emergency the master instead of the owner may make the determination mentioned in paragraph (1)(a).
       (3)The