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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this instrument does (mechanics)
Who it affects
Why it matters (official aim and practical implications)
Key practical rules and effects
Scope and definitions: a "marine casualty" covers death or serious injury, loss of a person, loss or abandonment of a ship, material damage, stranding or collision, and damage to the environment connected with ship operations (4.1–4.4). "Very serious" and "serious" casualties are defined for prioritisation (4.2–4.3).
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Direct links to the current provisions in Navigation (Marine Casualty) Regulations 1990.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Who leads and who decides: when states agree, one State acts as the lead investigating State and takes primary responsibility for strategy, the investigator in charge, evidence custody and report preparation. The lead State sets investigation parameters in accordance with its national law (7.1–7.5; 7.3). Other substantially interested States are to be invited, can participate fully, and may have their views appended if not accepted by the lead State (5.2; 9.1; 12.1–12.4).
Cooperation and consultation: the Code requires early notification and consultation between coastal and flag States where a casualty occurs in a coastal State's waters, and encourages maximum participation by substantially interested States (8.1–8.3; 9.1–9.3).
Evidence access and use: investigators should have access to recorded data (including voyage data recorders) and relevant safety information held by flag States, owners and classification societies; the State conducting the investigation should arrange VDR readout where fitted (5.4–5.5). The lead State is custodian of interview records and other evidence (7.4).
Confidentiality and disclosure limits: records obtained in the investigation (statements, communications, medical/private information, opinions) should not be disclosed for purposes other than casualty investigation unless an authority for administration of justice decides disclosure is justified and the provider authorises release (10.1–10.2). The Code also supports offering a degree of immunity to those who assist so information flows more freely (1.3.3).
Reporting and timelines: the lead State circulates a draft final report to substantially interested States and should include or append their significant, substantiated comments received within a specified period (typically 30 days) before publishing and submitting the report to the IMO (12.1–12.3). States disagreeing with a report may submit their own report to the Organisation (12.4). The lead State may issue interim safety recommendations if urgent action is needed (12.5).
Reopening and new evidence: new material evidence that could materially change findings should be assessed and may lead to reconsideration of conclusions (13).
Costs, who pays and incentives
Compliance burden and bureaucratic discretion
Trade‑offs and implementation risks
Concentrated benefits, diffuse costs, and possible substitution effects
Bottom line (practical consequences)