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Maritime Transport Act 1994

Duties in relation to maritime activity - General duties

19: Duties of master

You could also call this:

"What the captain of a ship must do to keep everyone safe"

If you are the master of a ship, you are in charge of keeping the ship and everyone on it safe. You must make sure the ship is operated safely, and that all passengers and crew are safe and well. You are also responsible for making sure the ship follows all the rules and regulations. If there is an emergency, you can take action that might not follow the rules, but only if it is necessary to keep people safe. You must then tell the Director about what you did and why, and give them a written report if they ask for one. You can only break the rules in an emergency if it is necessary to save lives or property, and if following the rules would be more dangerous. The master of a ship can get in trouble if they do not follow these rules without a good reason, and might have to pay a fine of up to $5,000.

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Part 3Duties in relation to maritime activity
General duties

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
    1. have final authority to control the ship while in command and for the maintenance of discipline by all persons on board; and
      1. 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
        1. 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.

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

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

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

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

                        1. 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).

                        Compare
                        Notes
                        • Section 19(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).