43Misuse of distress and safety signals

43 Misuse of distress and safety signals

(1) A person may do any of the following only if permitted by a Marine Order:

(a) transmit or display a signal of distress;

(b) transmit an urgency signal;

(c) send out a danger message.

(2) A person may use a flare, rocket or shell, that could be mistaken for a prescribed signal of distress coming from a vessel, only 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 or shell, of:

(A) the intended use of the flare, rocket or shell; and

(B) the proposed time for the intended use; and

(ii) the person has not received any objection from the RCC to the intended use. .

Note 1 The approved form is available from the AMSA website at http://www.amsa.gov.au. Notification to the RCC may be by email: rccaus@amsa.gov.au or fax: 1800 622 153.

Note 2 The person may also need to comply with State or Territory requirements for the use of flares.

(3) If a distress signal is accidentally transmitted or displayed from a vessel when there is no danger to the vessel, the master of the vessel must immediately tell the marine rescue coordination centre for the search and rescue area:

(a) about the accidental transmission; and

(b) that there is no danger to the vessel.

Note Cancellation of a distress alert sent accidentally must be in accordance with Article 32 of the International Telecommunication Convention Radio Regulations annexed to the most recent International Telecommunication Convention in force.

(4) An offence against subsection (1), (2) or (3) is a strict liability offence.

(5) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).