86

86 Obligation to render assistance if requisitioned

(1) The master of a vessel that is in distress in any waters may, after consulting so far as possible with the masters of vessels that answer his or her call for assistance, requisition any domestic commercial vessel that the master considers best able to render assistance.

(2) The master of a domestic commercial vessel commits an offence if:

(a) the vessel is requisitioned by the master of another vessel that is in distress in any waters, in accordance with subsection (1); and

(b) the master does not cause his or her vessel to proceed as fast as practicable to the assistance of the other vessel.

Penalty: Imprisonment for 10 years.

(3) Subsection (2) does not apply if:

(a) the master of the domestic commercial vessel is unable to comply with subsection (2)(b); or

(b) in the special circumstances of the case, it is unreasonable or unnecessary for the master to do so; or

(c) the master of the domestic commercial vessel is informed by the master of the vessel in distress, or by the master of another vessel that has reached the vessel in distress, that assistance is no longer necessary; or

(d) the master of the domestic commercial vessel is informed that another vessel has been requisitioned and is complying with the requisition.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).