264Master to render assistance and abolition of statutory presumption of fault

#### 264 Master to render assistance and abolition of statutory presumption of fault (1) In every case of collision between 2 ships it shall be the duty of the person in charge of each ship, if and so far as he or she can do so without danger to his or her own ship, crew, and passengers (if any): (a) to render to the other ship, its master, crew, and passengers (if any) such assistance as is practicable and necessary in order to save them from danger caused by the collision; and (b) to stay by the other ship until he or she has ascertained that it has no need of further assistance; and (c) to give to the master or person in charge of the other ship the name of his or her own ship and the port to which it belongs, and also the names of the ports from which it comes and to which it is bound. (2) A person in charge of any ship who fails to comply with subsection (1) is guilty of an offence punishable on conviction by imprisonment for a period not exceeding 10 years. (2A) Subsection (2) does not apply if the person has reasonable cause. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). (3) In case of a collision between 2 ships, the collision shall not be deemed to have been caused by the wrongful act, neglect, or default of the master or person in charge of the ship, who failed to comply with the provisions of that section, solely by reason of the fact that he or she has not complied with the provisions of that section.