{"id":"tas:act-1971-083","name":"Marine Search and Rescue Act 1971","slug":"marine-search-and-rescue-act-1971","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"83 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110274,"registerId":"tas-act-1971-083-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Marine Search and Rescue Act 1971](/view/html/inforce/2026-04-12/act-1971-083) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Commonwealth Act*** means the [Navigation Act 1912](/view/html/inforce/2026-04-12/act-1912-999) of the Commonwealth, and includes that Act as amended from time to time and any Commonwealth Act passed in substitution for that Act;\n> \n> > ***Commissioner*** means the Commissioner of Police;\n> \n> > ***marine search and rescue operation*** means an operation that is carried out with a view to effecting any of the purposes referred to in [section 3](#GS3@EN) [(1)](#GS3@Gs1@EN) ;\n> \n> > [*\\[Section 2 Amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja8@GC1@Hpa@EN) ***master*** has the same meaning as it has in the [Marine and Safety Authority Act 1997](/view/html/inforce/2026-04-12/act-1997-015) ;\n> \n> > ***sea*** includes waters within the ebb and flow of the tide;\n> \n> > [*\\[Section 2 Amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja8@GC1@Hpb@EN) ***vessel*** has the same meaning as it has in the [Marine and Safety Authority Act 1997](/view/html/inforce/2026-04-12/act-1997-015) .","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Duties of Commissioner","content":"### 3 Duties of Commissioner\n\n> > (1)  Subject to this Act, the Commissioner shall make such arrangements as appear to him practicable for facilitating the proper carrying out in or from the State of operations required for the purpose of searching for or bringing to safety –\n> > \n> > > > (a) persons in danger at sea;\n> > > \n> > > > (b) persons in need of assistance as a result of a casualty occurring at sea; or\n> > > \n> > > > (c) persons suffering from illness or injury at sea who require assistance that is not immediately available to them.\n> \n> > (2)  Where it appears to the Commissioner that circumstances have arisen in which a marine search and rescue operation should be carried out at or from a place in the State he shall take such steps as appear to him to be necessary and practicable to ensure that the operation is carried out.\n> \n> > (3)  For the purpose of discharging his duties under this section the Commissioner may enter into and carry out agreements or arrangements with any person for the provision of a service or the carrying out of an operation.\n> \n> > (4)  Where an agreement is in force between the Commonwealth and the State with respect to the carrying out of any operations referred to in [subsection (1)](#GS3@Gs1@EN) the Commissioner shall carry out his duties under this section in accordance with, and so as to give effect to, that agreement.\n> \n> > (5)  The Commissioner may delegate any of his functions under this section to such person as he thinks fit.\n> \n> > (6)  A delegation under [subsection (5)](#GS3@Gs5@EN) is revocable at the will of the Commissioner and does not prevent the exercise by the Commissioner of any of the delegated functions.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Payments in respect of losses, &c., incurred in certain operations","content":"### 4 Payments in respect of losses, &c., incurred in certain operations\n\n> > (1)  Where in the carrying out of an approved operation a person suffers death or injury, or loss of or damage to property, or any other financial loss the Treasurer may, subject to this section, pay to that person, or, if he has died, to his personal representatives, such sum as the Treasurer may determine in respect of that death or injury or as compensation, in whole or in part, for that loss or damage.\n> \n> > (2)  No payment shall be made under this section except on the recommendation of the Commissioner.\n> \n> > (3)  Nothing in this section affects the operation of any agreement entered into under this Act.\n> \n> > (4)  For the purposes of this section an approved operation is a marine search and rescue operation arrangements for the carrying out of which have been made by or on behalf of the Commissioner in the exercise of his functions under this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Recovery of cost of certain operations","content":"### 5 Recovery of cost of certain operations\n\n> > (1)  Where any expense is incurred under this Act by or on behalf of the Commissioner in the carrying out of a marine search and rescue operation, the whole or a part of that expense may, in accordance with this section, be recovered from –\n> > \n> > > > (a) the owner of the vessel or aircraft in relation to which the operation was carried out; or\n> > > \n> > > > (b) any person for the assistance of whom the operation was carried out.\n> \n> > (2)  No sum may be recovered from a person under this section except with the approval of the Attorney-General given on the recommendation of the Commissioner.\n> \n> > (3)  A sum that is recoverable under this section may be recovered by the Commissioner by action in a court of competent jurisdiction as a debt due to the Crown.\n> \n> > (4)  Nothing in this section affects the law relating to salvage and no sum may be recovered under this section in respect of a service for which there is a right to a salvage reward.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Obligation to render assistance","content":"### 6 Obligation to render assistance\n\n> > (1)  If a vessel is at sea and the master thereof has reason to believe that persons on or from a vessel or aircraft are –\n> > \n> > > > (a) in danger at sea;\n> > > \n> > > > (b) in need of assistance as a result of a casualty occurring at sea; or\n> > > \n> > > > (c) suffering from illness or injury at sea and require assistance that is not immediately available to them –\n> > \n> > the master, unless he is unable to do so, or in the special circumstances of the case considers it unreasonable or unnecessary to do so, shall cause his vessel to proceed with all practicable speed to the assistance of those persons and, if possible, shall inform them that he is doing so.\n> \n> > (2)  The master of a vessel or aircraft in distress may, after consultation with the masters of vessels that answer his call for assistance, requisition such of those vessels as he considers best able to render assistance and the master of a vessel so requisitioned shall comply with the requisition by causing his vessel to proceed with all practicable speed to the assistance of persons in distress on or from the vessel or aircraft in distress.\n> \n> > (3)  When the master of a vessel that has not been requisitioned is informed of the requisition of another vessel and that the requisition is being complied with by that other vessel, he is released from the obligation imposed on him by [subsection (1)](#GS6@Gs1@EN) .\n> \n> > (4)  If the master of a vessel is informed by persons in distress, or by the master of another vessel that has reached those persons, that assistance is no longer necessary he is released from any obligation imposed on him by [subsection (1)](#GS6@Gs1@EN) or [(2)](#GS6@Gs2@EN) in relation to those persons.\n> \n> > (5)  *\\[Section 6 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 \\]*A person who fails to comply with [subsection (1)](#GS6@Gs1@EN) or [(2)](#GS6@Gs2@EN) is guilty of an offence.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (6)  *\\[Section 6 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 \\]*The master of a vessel shall make a record, or cause a record to be made –\n> > \n> > > > (a) of any information received by him that a vessel or aircraft is in distress at sea; and\n> > > \n> > > > (b) if, on receipt of any such information, the master does not proceed to the assistance of persons on or from that vessel or aircraft, of his reasons for not so proceeding.\n> > \n> > Penalty:  Fine not exceeding 2 penalty units.\n> \n> > (7)  A record required to be made by the master of a vessel under [subsection (6)](#GS6@Gs6@EN) shall, if the ship has an official log-book, be made in that log-book.\n> \n> > (8)  Nothing in this section imposes any obligation on the master of a vessel to which the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1912-999#) applies.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Expenses of Act","content":"### 7 Expenses of Act\n\n> The expenses incurred in the administration of this Act shall be defrayed out of money provided by Parliament for the purpose.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. It was enacted in 1971 to establish marine search and rescue coordination by the Commissioner of Police, impose duties on ship masters to render assistance, provide for compensation and cost recovery. The amendments noted (1994 and 1997) are technical updates—updating penalty units and aligning definitions with newer marine safety legislation—rather than expansions of scope. The core purpose remains: coordinating state-level marine search and rescue while respecting federal navigation law."},"complexity_factors":["Only 7 sections total, making it relatively short","6 defined terms in the interpretation section, all straightforward","Simple conditional logic with basic exceptions (e.g., 'unless unable to do so' in section 6)","Minimal cross-referencing—only references to external Commonwealth Act and Marine and Safety Authority Act","Clear hierarchical structure: Commissioner duties → compensation → cost recovery → ship master obligations → funding","No nested exceptions or complex definitional chains","Penalty provisions are simple and fixed (penalty units)","Some duplication in listing the three categories of persons to be rescued (appears in both sections 3 and 6)"],"plain_english_summary":"This law sets up a system for saving lives at sea in Tasmania (or the relevant Australian State). Here's what it does:\n\n**Who's in charge:** The Commissioner of Police is responsible for organising search and rescue operations at sea. They can make arrangements with other people or organisations to help, and can delegate their powers to others.\n\n**What must be done:** The Commissioner must arrange operations to find and rescue:\n- People in danger at sea\n- People hurt or in trouble because of accidents at sea  \n- Sick or injured people at sea who need help they can't get\n\n**Money matters:**\n- If someone dies, gets injured, or loses property during an approved rescue operation, the government can pay them compensation (but only if the Commissioner recommends it)\n- The government can recover costs from the owner of the vessel or aircraft involved, or from the person being rescued—but only with the Attorney-General's approval and the Commissioner's recommendation\n- However, you can't recover costs if there's already a right to \"salvage\" payment (a legal term for rewards for rescuing ships or cargo)\n\n**Duties of ship captains:**\n- Ship masters (captains) must help people in distress at sea unless it's impossible or unreasonable\n- They must keep records of any distress calls they receive, and if they don't help, they must write down why\n- The person in distress can \"requisition\" (formally request) specific ships to help, and those captains must comply\n- Captains can be fined if they refuse to help without good reason\n\n**Important limits:**\n- This law doesn't apply to ships covered by the Commonwealth Navigation Act (federal law takes over for those)\n- \"Sea\" includes tidal waters (areas where the tide goes in and out)\n\n**Why it matters:** This law creates a legal framework that ensures someone is responsible for coordinating sea rescues, protects rescuers through compensation schemes, ensures rescue costs can be recovered where appropriate, and imposes a legal duty on ship captains to help those in distress—mirroring international maritime law obligations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's current text records amendments that change its operational scope: section 2 was amended to adopt the definitions of 'master' and 'vessel' from the Marine and Safety Authority Act 1997, and section 6 (penalties/record requirements) was amended in 1994. These alterations update who is captured by duties and the sanctions/compliance obligations, and the Act also expressly incorporates the Navigation Act 1912 (and any substitute), which can broaden application as those external Acts change (s 2; s 6 amendments referenced)."},"complexity_factors":["Cross-references to other statutes (Navigation Act 1912 and Marine and Safety Authority Act 1997) that import definitions and may extend scope beyond this Act (s 2).","Broad discretionary authority vested in the Commissioner to determine, arrange, contract for and delegate search and rescue operations (s 3(1),(3),(5)-(6)).","Financial discretion split across officials: Treasurer may make compensation payments but only on the Commissioner’s recommendation (s 4(1)-(2)).","Cost recovery is possible but conditional: recoverable from owners or assisted persons only with Attorney‑General approval and subject to salvage law (s 5(1)-(4)).","Mandatory duties and criminal penalties for masters who fail to assist, plus a record‑keeping obligation with specified penalties (s 6(1),(5)-(7)).","Interaction with Commonwealth–State agreements: Commissioner must give effect to any Commonwealth–State agreement about these operations (s 3(4)).","Administrative funding routed to Parliamentary appropriations rather than recovered funds (s 7).","Amendment history noted within the text (s 2 and s 6), indicating prior changes to definitions and penalties that affect current interpretation."],"plain_english_summary":"This Act gives the Commissioner of Police responsibility to arrange and carry out marine search and rescue operations in or from the State, including entering agreements and delegating functions. The Treasurer may pay compensation for death, injury or property/financial loss on the Commissioner’s recommendation, and operation costs can be recovered from vessel owners or assisted persons with Attorney‑General approval. Vessel masters are legally obliged to assist persons in distress, must keep records of distress reports and reasons for not assisting, and administrative costs are met from Parliamentary appropriations."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have retained its original purpose of coordinating marine search and rescue operations in Tasmanian waters. The lack of significant amendments since at least 1997 suggests the scope has not materially shifted from its original intent. However, the extremely limited text provided makes a definitive assessment impossible."},"complexity_factors":["Very limited legislative text was provided — only metadata and status information, making detailed analysis impossible","The Act appears narrow and single-purpose in scope (marine search and rescue coordination)","Long-standing legislation (since 1971) with minimal amendments suggests stable and settled legal content","Likely interacts with Commonwealth maritime safety legislation, which could add some complexity in practice","No substantive provisions, definitions, offences, or enforcement mechanisms were visible in the provided text"],"plain_english_summary":"The Marine Search and Rescue Act 1971 (Tasmania) is a state law that sets the framework for organising and conducting maritime search and rescue around Tasmania’s waters. It determines who coordinates and carries out responses to vessels or people in distress.\n\nIt primarily affects recreational boaters, mariners, SAR agencies, volunteers and government bodies responsible for maritime safety, and matters because it governs who is responsible for finding and helping people at sea."}},"importantCases":[],"_links":{"self":"/api/acts/marine-search-and-rescue-act-1971","history":"/api/acts/marine-search-and-rescue-act-1971/history","analysis":"/api/acts/marine-search-and-rescue-act-1971/analysis","conflicts":"/api/acts/marine-search-and-rescue-act-1971/conflicts","importantCases":"/api/acts/marine-search-and-rescue-act-1971/important-cases","documents":"/api/acts/marine-search-and-rescue-act-1971/documents"}}