Marine Search and Rescue Act 1971 (TAS)

Marine Search and Rescue Act 1971

An Act to make provision with respect to the carrying out of certain marine search and rescue operations and matters incidental thereto

[Royal Assent 14 December 1971]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Marine Search and Rescue Act 1971 . 2InterpretationIn this Act, unless the contrary intention appears – Commonwealth Act means the Navigation Act 1912 of the Commonwealth, and includes that Act as amended from time to time and any Commonwealth Act passed in substitution for that Act; Commissioner means the Commissioner of Police; marine search and rescue operation means an operation that is carried out with a view to effecting any of the purposes referred to in section 3 (1) ; [Section 2 Amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] master has the same meaning as it has in the Marine and Safety Authority Act 1997 ; sea includes waters within the ebb and flow of the tide; [Section 2 Amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] vessel has the same meaning as it has in the Marine and Safety Authority Act 1997 . 3Duties of Commissioner (1) Subject to this Act, the Commissioner shall make such arrangements as appear to him practicable for facilitating the proper carrying out in or from the State of operations required for the purpose of searching for or bringing to safety – (a) persons in danger at sea; (b) persons in need of assistance as a result of a casualty occurring at sea; or (c) persons suffering from illness or injury at sea who require assistance that is not immediately available to them. (2) Where it appears to the Commissioner that circumstances have arisen in which a marine search and rescue operation should be carried out at or from a place in the State he shall take such steps as appear to him to be necessary and practicable to ensure that the operation is carried out. (3) For the purpose of discharging his duties under this section the Commissioner may enter into and carry out agreements or arrangements with any person for the provision of a service or the carrying out of an operation. (4)  Where an agreement is in force between the Commonwealth and the State with respect to the carrying out of any operations referred to in subsection (1) the Commissioner shall carry out his duties under this section in accordance with, and so as to give effect to, that agreement. (5) The Commissioner may delegate any of his functions under this section to such person as he thinks fit. (6)  A delegation under subsection (5) is revocable at the will of the Commissioner and does not prevent the exercise by the Commissioner of any of the delegated functions. 4Payments in respect of losses, &c., incurred in certain operations (1)  Where in the carrying out of an approved operation a person suffers death or injury, or loss of or damage to property, or any other financial loss the Treasurer may, subject to this section, pay to that person, or, if he has died, to his personal representatives, such sum as the Treasurer may determine in respect of that death or injury or as compensation, in whole or in part, for that loss or damage. (2) No payment shall be made under this section except on the recommendation of the Commissioner. (3)  Nothing in this section affects the operation of any agreement entered into under this Act. (4) For the purposes of this section an approved operation is a marine search and rescue operation arrangements for the carrying out of which have been made by or on behalf of the Commissioner in the exercise of his functions under this Act. 5Recovery of cost of certain operations (1) Where any expense is incurred under this Act by or on behalf of the Commissioner in the carrying out of a marine search and rescue operation, the whole or a part of that expense may, in accordance with this section, be recovered from – (a) the owner of the vessel or aircraft in relation to which the operation was carried out; or (b) any person for the assistance of whom the operation was carried out. (2) No sum may be recovered from a person under this section except with the approval of the Attorney-General given on the recommendation of the Commissioner. (3) A sum that is recoverable under this section may be recovered by the Commissioner by action in a court of competent jurisdiction as a debt due to the Crown. (4)  Nothing in this section affects the law relating to salvage and no sum may be recovered under this section in respect of a service for which there is a right to a salvage reward. 6Obligation to render assistance (1) If a vessel is at sea and the master thereof has reason to believe that persons on or from a vessel or aircraft are – (a) in danger at sea; (b) in need of assistance as a result of a casualty occurring at sea; or (c) suffering from illness or injury at sea and require assistance that is not immediately available to them – the master, unless he is unable to do so, or in the special circumstances of the case considers it unreasonable or unnecessary to do so, shall cause his vessel to proceed with all practicable speed to the assistance of those persons and, if possible, shall inform them that he is doing so. (2)  The master of a vessel or aircraft in distress may, after consultation with the masters of vessels that answer his call for assistance, requisition such of those vessels as he considers best able to render assistance and the master of a vessel so requisitioned shall comply with the requisition by causing his vessel to proceed with all practicable speed to the assistance of persons in distress on or from the vessel or aircraft in distress. (3)  When the master of a vessel that has not been requisitioned is informed of the requisition of another vessel and that the requisition is being complied with by that other vessel, he is released from the obligation imposed on him by subsection (1) . (4)  If the master of a vessel is informed by persons in distress, or by the master of another vessel that has reached those persons, that assistance is no longer necessary he is released from any obligation imposed on him by subsection (1) or (2) in relation to those persons. (5)  [Section 6 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who fails to comply with subsection (1) or (2) is guilty of an offence.

Penalty:  Fine not exceeding 10 penalty units.

(6)  [Section 6 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ]The master of a vessel shall make a record, or cause a record to be made – (a) of any information received by him that a vessel or aircraft is in distress at sea; and (b) if, on receipt of any such information, the master does not proceed to the assistance of persons on or from that vessel or aircraft, of his reasons for not so proceeding.

Penalty:  Fine not exceeding 2 penalty units.

(7)  A record required to be made by the master of a vessel under subsection (6) shall, if the ship has an official log-book, be made in that log-book. (8)  Nothing in this section imposes any obligation on the master of a vessel to which the Commonwealth Act applies. 7Expenses of ActThe expenses incurred in the administration of this Act shall be defrayed out of money provided by Parliament for the purpose.