Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_411
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 411
Character Range: 67459–68722

411  Liability of master or owner under vessel traffic management arrangements

 (1) The master of a ship is not relieved from responsibility for the conduct and navigation of the ship merely because the ship is subject to vessel traffic management arrangements.

 (2) Despite any law of the Commonwealth or of a State or Territory, the owner or master of a ship navigating in circumstances where vessel traffic management arrangements are required to be complied with under such a law is answerable for any loss or damage caused by the ship, or by a fault of the navigation of the ship, in the same manner as the master or owner would be if those vessel traffic management arrangements were not required to be complied with.

 (3) In this section:

vessel traffic management arrangements means any measures that affect a ship's navigation implemented under a vessel traffic service by a person not on board the ship.

vessel traffic service means a navigational service implemented under a law of the Commonwealth or of a State or Territory and in accordance with guidelines for vessel traffic services adopted by the International Maritime Organization on 27 November 1997 to improve the safety and efficiency of vessel traffic and to protect the environment.