94Definitions

#### 94 Definitions 94 Definitions > > (1) In this Part— > > > > Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109). > > > > ferry has the same meaning as it has in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039). > > > > incompetence of the holder of a marine safety licence includes the inefficient performance of any lawful duty required of the holder of that licence. > > > > marine accident means any of the following events involving a vessel operating in navigable waters— > > > > > (a) the loss of life of, or injury to, any person on board the vessel, > > > > > (b) the loss of a person from the vessel, > > > > > (c) the loss of life or injury to a person that is caused by the vessel, > > > > > (d) the loss, or presumed loss, of the vessel (including the sinking or abandonment of the vessel), > > > > > (e) the capsizing, grounding or flooding of the vessel, > > > > > (f) the collision of the vessel with another vessel or with any object, > > > > > (g) the vessel being disabled at sea (in any case in which it requires assistance), > > > > > (h) any fire on board the vessel, > > > > > (i) any damage being caused to the vessel (including any structural failure), > > > > > (j) any damage to the environment caused by the vessel or by any substance on, or discharged from, the vessel, > > > > > (k) any incident that causes danger of any of the above, > > > > but does not include anything excluded from this definition by the regulations. > > > > misconduct by the holder of a marine safety licence includes— > > > > > (a) carelessness in carrying out any lawful duty required of that holder, or > > > > > (b) carrying out any duty while under the influence of alcohol or any other drug, or > > > > > (c) any other act or omission that indicates that the person is not a fit and proper person to act in the capacity required by the licence. > > > > public passenger service has the same meaning as it has in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039). > > > (2) In this Part, a reference to the holder of a marine safety licence includes a reference to a person whose licence is suspended or cancelled or has otherwise ceased to have effect. > > **s 94:** Am 2003 No 65, Sch 2 \[2\]; 2005 No 55, Sch 4.2 \[1\] \[2\].