268Accidents etc. to be reported

#### 268 Accidents etc. to be reported (1) This section applies to a ship if: (a) it is a ship to which Part II applies; or (b) it is either within Australia or on a voyage to a port in Australia. (1A) If the ship has sustained or caused an accident occasioning loss of life or serious injury to a person, the master of the ship must: (a) as soon as practicable, having regard to the means of communication available to him or her, report the accident to such member of staff of the Authority as is prescribed; and (b) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the accident. Penalty: 500 penalty units. (1B) If: (a) the ship has sustained an accident or has otherwise received damage, or a defect in the ship or its boilers, machinery or equipment has been discovered; and (b) the accident, damage or defect has affected, or is likely to affect: (i) the seaworthiness or safety of the ship; or (ii) the efficient operation or the safety of the boilers, machinery or fixed equipment of the ship; or (iii) the efficiency or completeness of the life‑saving appliances or other safety equipment of the ship; the master of the ship must: (c) as soon as practicable, having regard to the means of communication available to him or her, report the accident, damage or defect to such member of staff of the Authority as is prescribed; and (d) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the accident, damage or defect. Penalty: 200 penalty units. (1C) If the ship: (a) has been in a position of great peril, either from the action of some other ship or from danger of wreck or collision; or (b) has been stranded or wrecked; or (c) has fouled or done any damage to a pipeline or submarine cable or to a lighthouse, lightship, beacon, buoy or other marine mark, except a lighthouse, lightship, beacon, buoy or marine mark to which section 19B of the Lighthouses Act 1911 applies; the master of the ship must: (d) as soon as practicable, having regard to the means of communication available to him or her, report the event to such member of staff of the Authority as is prescribed; and (e) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the event. Penalty: 200 penalty units. (1D) If the ship: (a) has left a port in Australia; and (b) for reasons of repair or maintenance that might affect the seaworthiness or safety of the ship, later puts back to that port or navigates to another port in Australia; the master of the ship must: (c) as soon as practicable, having regard to the means of communication available to him or her, report the event to such member of staff of the Authority as is prescribed; and (d) within such time as the member of staff specifies, give a written report to the member in a form required by subsection (1E) in relation to the event. Penalty: 20 penalty units. (1E) A written report relating to an accident referred to in subsection (1A), an accident, damage or defect referred to in subsection (1B) or an event referred to in subsection (1C) or (1D) is in a form required by this subsection if it includes: (a) such particulars of the accident, damage, defect or event and of the time, place and circumstances of its occurrence as are prescribed; and (b) such particulars of the ship, its owner and its crew as are prescribed; and (c) such particulars of the voyage during which the accident, damage, defect or event occurred as are prescribed. (2) In this section: > fixed equipment means equipment included in a class of equipment specified in the regulations as fixed equipment for the purposes of this section. > safety equipment means equipment included in a class of equipment specified in the regulations as safety equipment for the purposes of this section.