QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.45General safety obligation on pilot who has conduct of ship
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### sec.45 General safety obligation on pilot who has conduct of ship
A pilot who has the conduct of a ship must not cause the ship to be operated unsafely.
Maximum penalty—500 penalty units or imprisonment for 1 year.
Without limiting subsection (1) , a pilot causes a ship to be operated unsafely if the pilot 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 pilot commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
s 45 ins 2016 No. 3 s 25
(sec.45-ssec.1) A pilot who has the conduct of a ship must not cause the ship to be operated unsafely. Maximum penalty—500 penalty units or imprisonment for 1 year.
(sec.45-ssec.2) Without limiting subsection (1) , a pilot causes a ship to be operated unsafely if the pilot 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.45-ssec.3) However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the pilot commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
- (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.