13Alteration or disturbance of site of accident or dangerous occurrence

13  Alteration or disturbance of site of accident or dangerous occurrence

Offence—alteration or disturbance of site

 (1) For the purposes of subsection 33(1) of the Act, a person in command of a prescribed ship or prescribed unit commits an offence if:

 (a) the person in command:

 (i) engages in conduct; or

 (ii) allows another person to engage in conduct; and

 (b) the conduct results in the alteration or disturbance of the site of an accident or the site of a dangerous occurrence on the ship or unit; and

 (c) at the time of the conduct:

 (i) an inspector had not inspected the site; and

 (ii) the inspector had not given permission in writing for the alteration or disturbance of the site.

Defences

 (2) Subsection (1) does not apply if, at the time of the conduct, the person in command had a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) Subsection (1) does not apply if at the time of the conduct the person in command had given a notice of the accident or dangerous occurrence, and:

 (a) the Inspectorate had notified the person in command in writing that an inspection of the site of the accident or dangerous occurrence by an inspector was not required; or

 (b) the ship or unit was in an Australian port when notice was given of the accident or dangerous occurrence and an inspector did not visit the site within 24 hours of notice being given; or

 (c) the ship or unit was at sea and proceeding to an Australian port when notice was given of the accident or dangerous occurrence, and an inspector did not visit the site within 24 hours of the arrival of the ship or unit at the port; or

 (d) the ship or unit was at sea and not proceeding to an Australian port when notice of the accident or dangerous occurrence was given.

Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (3) (see section 13.3 of the Criminal Code).

 (4) Without limiting subsection (2), a person in command had a reasonable excuse if:

 (a) the alteration or disturbance was unavoidable; or

 (b) the person engaged in, or allowed another person to engage in, the conduct that resulted in the alteration or disturbance of the site of the accident or dangerous occurrence as a result of:

 (i) the rescue, or attempted rescue, of an injured person; or

 (ii) the retrieval, or attempted retrieval, of the body of a deceased person; or