Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WESTERN AUSTRALIAN MARINE ACT 1982 - SECT 109

109 .         Functions of Court of Marine Inquiry

        (1)         A Court of Marine Inquiry is authorised to and shall hold formal investigations —

            (a)         into casualties to commercial vessels;

            (b)         for the purpose of hearing and determining a charge or charges of incompetence or misconduct, or both, on the part of masters, mates, marine engineers, marine engine drivers or coxswains of commercial vessels holding certificates of competency or service in respect of incompetence or misconduct on any such vessel,

                referred to it or preferred before it, as the case may be, under section 103.

        (2)         Where more than one matter is referred to a Court of Marine Inquiry under section 103 for formal investigation under subsection (1) and it appears to the Court that any number of the matters arise out of or relate to the same incident or a number of incidents in common, the Court may hold a formal investigation at the one hearing into such of the matters referred and to such of the charges preferred whether the charges have been preferred against one or more persons.

        (3)         An investigation shall not be held under this section into a matter —

            (a)         which has been the subject of an investigation or inquiry and has been reported on by a competent court or tribunal in any part of a Commonwealth country; or

            (b)         with reference to which an investigation or inquiry has been commenced in the United Kingdom.

        (4)         For the purposes of any inquiry under this section a Court of Marine Inquiry shall, so far as relates to the summoning of parties, compelling the attendance of witnesses, and contempt of court, have all the powers of the Supreme Court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback