Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p15
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 37312–40094

in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of pilots under this Act as in force before this section's commencement, or under the laws of a State or Territory;

    (f) the reconsideration of decisions made under regulations made for the purposes of subsection (1);

    (g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement under regulations made for the purposes of subsection (1).

"(4) In subsection (3), 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Regulations may make other provisions relating to pilotage etc.

"186D. For the purposes of this Part, the regulations may also make provisions in relation to:

     (a) the duties of a licensed pilot and the manner in which a licensed pilot is to discharge his or her duties; and

     (b) the professional relationship between a licensed pilot and the master or other officers of a ship, including provisions in relation to the professional liability of a licensed pilot and limitation of that liability; and

     (c) the keeping and maintaining by a licensed pilot of records relating to pilotage carried out by the pilot.

Unqualified person performing duties of licensed pilot

  "186E.(1) A person who is not a licensed pilot must not knowingly:

  (a) represent himself or herself to be a licensed pilot; or

     (b) without reasonable excuse, perform duties that are the duties of a licensed pilot under the regulations.

Penalty: 20 penalty units.

SCHEDULE—continued

"(2) A person must not knowingly take another person who is not a licensed pilot into employment to perform duties that, under the regulations, are the duties of a licensed pilot.

Penalty: 20 penalty units.

Abuse of alcohol and other drugs

"186F.(1) If a licensed pilot is, while on board a ship, 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 pilot is impaired, the person is guilty of an offence.

Penalty: Imprisonment for 12 months.

  "(2) If:

     (a) a licensed pilot is, while on board a ship, 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 pilot is impaired; and

  (b) the impairment causes or contributes to:

        (i) the loss or destruction of, or damage to, the ship, its cargo or equipment; or

        (ii) the loss or destruction of, or damage to, another ship, its cargo or equipment; or

     (iii) death or injury to another person;

the person is guilty of an offence.

Penalty: Imprisonment