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Marine Safety Act 2010
238Protection from liability
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238 Protection from liability
(1) A harbour master, or any other person exercising the functions of a harbour master, is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under or in connection with this Chapter or a direction in the regulations; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with this Chapter or a direction in the regulations.
(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a harbour master or person exercising the functions of a harbour master, attaches instead to the port management body, local port manager or waterway manager by which the harbour master or person is engaged.
S. 238(3) inserted by No. 25/2025 s. 59.
(3) To avoid doubt, the liability referred to in subsection (2) does not attach to a port management body, local port manager or waterway manager who—
(a) did not directly engage the harbour master; and
(b) received the services of the harbour master from another port management body, local port manager or waterway manager.
Chapter 7—Pilotage
Part 7.1—Provision of pilotage services
239 Offence to provide pilotage services without registration
A person must not provide pilotage services unless that person is, or is employed or engaged by, a pilotage services provider registered under this Part.
1. In the case of a natural person, 20 penalty units;
In the case of a body corporate, 60 penalty units.