Section 124 of the Transport Operations (Marine Safety) Act Queensland states:

(1) This section applies to a marine incident involving 2 or more ships.

(2) The master of each ship involved in the marine incident must, to the extent that the master can do so without danger to the master's ship or persons on board the master's ship-

(a) give to each other ship involved in the incident, its master and persons on board the ship the help necessary to save them from danger caused by the marine incident; and

(b) stay by the other ship until the other ship does not need further help; and

(c) give to the master of the other ship reasonable particulars adequate to identify the ship and its owner.

(3)  However, if the contravention of subsection (2)(a) or (b) causes the death of, or grievous bodily harm to, a person, the master commits an indictable offence...

Section 123 of the Transport Operations (Marine Safety) Act Queensland defines a marine incident as follows:

(1) A marine incident is an event causing or involving-

(a) the loss of a person from a ship; or

(b) the death of, or grievous bodily harm to, a person caused by a ship's operations; or

(c) the loss or presumed loss or abandonment of a ship; or

(d) a collision with a ship; or

(e) the stranding of a ship; or

(f) material damage to a ship; or

(g) material damage caused by a ship's operations; or

(h) danger to a person caused by a ship's operations; or

(i) danger of serious damage to a ship; or

(j) danger of serious damage to a structure caused by a ship's operations.

Maximum penalty - 5000 penalty units or 2 years imprisonment.

Penalty unit = $100.00

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

The accused:

(1) Was the master of a ship in a marine incident that involved 2 or more ships; AND

(2) Failed to:

(a) give to each other ship involved in the incident, its master and persons on board the ship, the help necessary to save them from danger caused by the marine incident; OR

(b) stay by the other ship until the other ship did not need further help; AND

(3) Could have without endangering his or her ship or persons on board that ship:

(a) given to each other ship involved in the incident, its master and persons on board the ship, the help necessary to save them from danger caused by the marine incident; OR

(b) stayed by the other ship until the other ship did not need further help; AND

(4) Caused the death of a person or grievous bodily harm to a person, by his or her failure to provide the necessary help and stay until no further help was needed as required under sections 124(2)(a) & (b) of the Transport Operations (Marine Safety) Act.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible defences to this offence include but are not limited to:

1. The accused was not a master a ship.

2. The accused was not a master of a ship in a marine incident that involved 2 or more ships.

3. The accused did not fail to give the necessary help to the other ships involved, the masters of those ships and the people on board those ships.

4. The accused did not fail to stay by the other ships until those ships did not need further help.

5. Compliance with one or both of the duties would have endangered the master's ship or persons on board that ship.

6. The failure of the master to provide the necessary help did not cause death or grievous bodily harm to any person.

7. The failure of the master to stay until no further help was needed did not cause death or grievous bodily harm to any person.

8. Duress - example: there was a threat of harm against the accused or another person that the accused reasonably believe would be carried out if he/she did do the act/s that constituted the offence.

9. Necessity - examples:

(a) The master was injured and required medical attention and thereby had to leave the scene;

(b) Another person on board the ship was injured and required medical attention and thereby the master had to leave the scene to obtain medical attention.

10. Insanity.

11. Identification i.e. the accused was not the offender.

12. Mistake of fact - examples:

(a) The accused had an honest and reasonable, but mistaken belief that compliance with his or obligations as a master would endanger his or her ship or the persons on board that ship.

(b) The accused had an honest and reasonable, but mistaken belief that he or she had provided all the help necessary to save the other ships, the masters of those ships and the persons on board those ships, from danger and that no further help was required.

13. Other Lawful Excuse - examples:

(a) The other ship/s involved in the incident fled and the accused thereby could not fulfil his or her obligations as a master;

(b) The accused was physically or mentally unable to fulfil his or her obligations as a master.