sec.43General safety obligation on persons involved with operation of ship

### sec.43 General safety obligation on persons involved with operation of ship A person involved with a ship’s operation (including the owner, master and crew members) must not cause the ship to be operated unsafely. Maximum penalty—500 penalty units or imprisonment for 1 year. Without limiting subsection (1) , a person causes a ship to be operated unsafely if the person causes the ship to be operated in a way that— causes a marine incident; or contravenes— a condition of the ship’s registration under this Act that is about safety; or a provision of a regulation that is declared by a regulation to be a provision to which this section applies. However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the owner, master, crew member or other person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years. A person does not contravene this section because of subsection (2) (a) if the only basis for holding that a marine incident has been caused is lawful damage to, or danger of lawful damage to, property of which the person is the sole owner. This section does not apply to a ship’s pilot. See section 45 for the obligation on pilots of ships. In this section— lawful damage means damage that is not unlawful under the Criminal Code , section 469 . s 43 amd 2016 No. 3 s 22 (sec.43-ssec.1) A person involved with a ship’s operation (including the owner, master and crew members) must not cause the ship to be operated unsafely. Maximum penalty—500 penalty units or imprisonment for 1 year. (sec.43-ssec.2) Without limiting subsection (1) , a person causes a ship to be operated unsafely if the person causes the ship to be operated in a way that— causes a marine incident; or contravenes— a condition of the ship’s registration under this Act that is about safety; or a provision of a regulation that is declared by a regulation to be a provision to which this section applies. (sec.43-ssec.3) However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the owner, master, crew member or other person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years. (sec.43-ssec.4) A person does not contravene this section because of subsection (2) (a) if the only basis for holding that a marine incident has been caused is lawful damage to, or danger of lawful damage to, property of which the person is the sole owner. (sec.43-ssec.5) This section does not apply to a ship’s pilot. See section 45 for the obligation on pilots of ships. (sec.43-ssec.6) In this section— lawful damage means damage that is not unlawful under the Criminal Code , section 469 . - (a) causes a marine incident; or - (b) contravenes— (i) a condition of the ship’s registration under this Act that is about safety; or (ii) a provision of a regulation that is declared by a regulation to be a provision to which this section applies. - (i) a condition of the ship’s registration under this Act that is about safety; or - (ii) a provision of a regulation that is declared by a regulation to be a provision to which this section applies. - (i) a condition of the ship’s registration under this Act that is about safety; or - (ii) a provision of a regulation that is declared by a regulation to be a provision to which this section applies.