sec.40General safety obligation of competent persons about condition of ships

### sec.40 General safety obligation of competent persons about condition of ships A competent person who issues a survey report for a ship must ensure that each statement made in the report about the ship’s seaworthiness is correct in every material particular. Maximum penalty—500 penalty units or imprisonment for 1 year. However, if— a particular that was incorrectly declared in the survey report causes a marine incident; and the marine incident involves the death of, or grievous bodily harm to, a person; the competent person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years. s 40 amd 2006 No. 21 s 54 ; 2016 No. 3 s 20 (sec.40-ssec.1) A competent person who issues a survey report for a ship must ensure that each statement made in the report about the ship’s seaworthiness is correct in every material particular. Maximum penalty—500 penalty units or imprisonment for 1 year. (sec.40-ssec.2) However, if— a particular that was incorrectly declared in the survey report causes a marine incident; and the marine incident involves the death of, or grievous bodily harm to, a person; the competent person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years. - (a) a particular that was incorrectly declared in the survey report causes a marine incident; and - (b) the marine incident involves the death of, or grievous bodily harm to, a person;