Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 258

             (1)  The regulations may prescribe measures to be observed for the prevention of collisions and may make provision for or in relation to the provision and use on ships of lights and signals.

             (2)  Without limiting subsection (1), the regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention.

          (2A)  The regulations, so far as they give effect to the Prevention of Collisions Convention, apply, despite section 2, in relation to ships in the areas constituted by:

                     (a)  the high seas; and

                     (b)  the territorial sea of Australia; and

                     (c)  the sea on the landward side of the territorial sea of Australia; and

                     (d)  waters other than waters of the sea;

as provided by subsections (2B) to (2E) (inclusive).

          (2B)  The regulations mentioned in subsection (2A) apply in relation to a ship (other than a ship of a kind referred to in subsection 2(1)) while the ship is in any of the areas mentioned in subsection (2A).

          (2C)  Subsection (2B) is not intended to exclude the operation of a State or Territory law, being a law that gives effect to the Prevention of Collisions Convention, in relation to a ship while it is in the area mentioned in paragraph (2A)(b), (c) or (d).

          (2D)  The regulations mentioned in subsection (2A) apply in relation to a ship of a kind referred to in subsection 2(1) while the ship is in the area mentioned in paragraph (2A)(a).

          (2E)  Subsection (2D) is not intended to exclude the operation of a State or Territory law, being a law that gives effect to the Prevention of Collisions Convention, in relation to a ship while it is in the area mentioned in paragraph (2A)(a).

           (2F)  Where proceedings are instituted against a person for an offence, in relation to a particular matter, against:

                     (a)  a provision of the regulations mentioned in subsection (2A); or

                     (b)  a provision of a law of a State or Territory that gives effect to the Prevention of Collisions Convention;

proceedings must not also be instituted against the person for an offence, in relation to the same matter, against:

                     (c)  if paragraph (a) applies--a provision of a kind referred to in paragraph (b); or

                     (d)  if paragraph (b) applies--a provision of a kind referred to in paragraph (a).

             (3)  The conviction of a person for an offence against the regulations made by virtue of this section or the orders made under subsection 425(1AA) does not relieve that person from civil liability for damage occasioned by a default of that person.

             (4)  An offence against the regulations made by virtue of this section is an indictable offence.

             (7)  A person who is guilty of an offence against the regulations made by virtue of this section is punishable on conviction:

                     (a)  if the offender is a natural person--by a fine not exceeding $10,000 or imprisonment for a period not exceeding 2 years, or both; or

                     (b)  if the offender is a body corporate--by a fine not exceeding $20,000.