Commonwealth Consolidated Acts

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NAVIGATION ACT 1912 - SECT 410B

Civil liability in relation to ship under pilotage

             (1)  A pilot who has the conduct of a ship is subject to the authority of the master of the ship and the master is not relieved from responsibility for the conduct and navigation of the ship by reason only of the ship being under pilotage.

             (2)  Despite any law of the Commonwealth or of a State or Territory, the owner or master of a ship navigating under circumstances in which pilotage is compulsory under such a law is answerable for any loss or damage caused by the ship, or by a fault of the navigation of the ship, in the same manner as the master or owner would if pilotage were not compulsory.

             (3)  If a pilot:

                     (a)  does an act, issues an instruction, or provides information or advice in or in relation to the pilotage of a ship; and

                     (b)  that act is done, that instruction is issued, or that information or advice is provided, in the course of the pilot's duty and in good faith; and

                     (c)  that act, instruction, information or advice affects the navigation of the ship so that loss or damage is caused to or by the ship;

neither the pilot nor any pilotage provider responsible for the provision of the pilot's services is liable in civil proceedings for that loss or damage.



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