265Obligation to render assistance

#### 265 Obligation to render assistance (1) If: (a) a ship to which Part II applies is at sea; and (b) the master of the ship has reason to believe that persons on or from a ship or aircraft are in distress; the master shall cause his or her ship to proceed with all practicable speed to the assistance of those persons and, if possible, inform them that he or she is so doing. Penalty: Imprisonment for 4 years. (1A) Subsection (1) does not apply if the master is unable to do so or, in the special circumstances of the case, considers it unreasonable or unnecessary to do so. > Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). (2) The master of a ship or aircraft in distress may, after consultation so far as possible with the masters of ships which answer his or her call for assistance, requisition such of those ships as he or she considers best able to render assistance and the master of a ship to which Part II applies so requisitioned shall comply with the requisition by causing his or her ship to proceed with all practicable speed to the assistance of persons in distress on or from the ship or aircraft in distress. Penalty: Imprisonment for 10 years. (3) When the master of a ship which has not been requisitioned is informed of the requisition of another ship and that the requisition is being complied with by that other ship, the master is released from the obligation imposed on him or her by subsection (1). (4) If the master of a ship is informed by persons in distress, or by the master of another ship which has reached those persons, that assistance is no longer necessary, the first‑mentioned master is released from any obligation imposed on him or her by subsection (1) or (2) in relation to those persons. (6) The master of a ship to which Part II applies shall make a record, or cause a record to be made: (a) of any information received by him or her that a ship or aircraft is in distress at sea; and (b) if, on receipt of any such information, the master does not proceed to the assistance of persons on or from that ship or aircraft—of his or her reasons for not so proceeding. Penalty: 50 penalty units. (7) A record required to be made under subsection (6) shall be made in the official log‑book of the ship. (8) This section does not affect the operation of section 317A. (9) Compliance by the master of a ship with the provisions of this section does not affect his or her right, or the right of any other person, to salvage.