19Duties of master

1. The master of a ship shall—

2. be responsible for the safe operation of the ship on a voyage, the safety and wellbeing of all passengers and crew, and the safety of cargo carried; and
3. have final authority to control the ship while in command and for the maintenance of discipline by all persons on board; and
4. be responsible for compliance with all relevant requirements of this Act and regulations and maritime rules made under this Act, except in an emergency when, in the interests of safety, immediate action in breach of this Act or of regulations or maritime rules made under this Act is necessary; and
5. where an emergency requires that in the interests of safety an action is necessary that breaches this Act, or regulations or maritime rules made under this Act, as soon as practicable, notify the Director of the action and the circumstances which necessitated it and, if requested by the Director, provide to the Director a written report in respect of the action.

6. For the purposes of subsection (1)(c), a breach of any prescribed requirement is permitted only if—

7. the emergency involves a danger to life or property; and
8. the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
9. there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
10. the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.

11. Nothing in subsection (1)(c) permits—

12. the breach of any prescribed requirement as to the seaworthiness of a ship; or
13. the operation of a ship by a person who does not hold the appropriate maritime document; or
14. the operation of a ship by a person who does not have authority to operate that ship.

15. Every master commits an offence and is liable on conviction to a fine not exceeding $5,000 who, without reasonable excuse, fails to comply with subsection (1)(d).