Document ID: chunk:federal_register_of_legislation:F2023L01656:front:0:p19
Version: federal_register_of_legislation:F2023L01656
Segment Type: other
Provision Reference: 
Character Range: 46371–49153

of the communication if any of the following apply:
(a) when no urgency message follows any urgency announcement or call — at least 5 minutes has elapsed after receiving that announcement or call;
(b) an urgency cancellation has been received;
(c) priority for urgency communication is no longer required for safety or navigational reasons.
Penalty: 50 penalty units.
       (2) A person who operates a ship station and hears a distress communication must not resume normal radio service on the frequency or channel of the communication until a message is received indicating:
(a) the distress communication is cancelled; or
(b) that normal radio service may be resumed.
Penalty: 50 penalty units.
       (3) An offence against subsection (1) or (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 50 penalty units.
Division 5 Other matters

38 Obligations and procedures in relation to persons in distress at sea
[SOLAS V/33]
       (1) The master of a vessel must meet the obligations and follow the procedures mentioned in Regulation 33 of Chapter V of SOLAS in relation to persons in distress at sea.
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   Regulation 33 of Chapter V of SOLAS sets out procedures related to the obligation to provide assistance to, and treatment of, persons in distress.

39 Life-saving signals to be used by ships, aircraft or persons in distress
[SOLAS V/29]
       (1) The owner of a vessel must ensure that an illustrated table describing the life-saving signals to be used when communicating with life-saving stations, maritime rescue units and aircraft engaged in search and rescue operations is available to the officer of the watch at all times.
       (2) The life-saving signals must be used when persons on the vessel are communicating with life-saving stations, marine rescue units and aircraft engaged in search and rescue operations.
Note   Life-saving signals are described in the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR) Manual Vol. III, Mobile Facilities and illustrated in the International Code of Signals.

40 Misuse of flares etc
       (1) A person must not use a flare, rocket or shell, if it could be mistaken for a signal of distress coming from a vessel.
Penalty: 50 penalty units.
       (2) It is a defence if:
(a) the person or another person is in distress; or
(b) both:
 (i) the person has notified the JRCC using the approved form, and at least 24 hours before the proposed time of use of the flare, rocket