Marine Search and Rescue Act 1971 (Tas)

Marine Search and Rescue Act 1971

An Act to make provision with respect to the carrying out of certain marine search and rescue operations and matters incidental thereto [Royal Assent 14 December 1971]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Marine Search and Rescue Act 1971 .

2. Interpretation In this Act, unless the contrary intention appears – Commonwealth Act means the Navigation Act 1912 of the Commonwealth, and includes that Act as amended from time to time and any Commonwealth Act passed in substitution for that Act; Commissioner means the Commissioner of Police; marine search and rescue operation means an operation that is carried out with a view to effecting any of the purposes referred to in section 3 (1) ; master has the same meaning as it has in the Marine and Safety Authority Act 1997 ; sea includes waters within the ebb and flow of the tide; vessel has the same meaning as it has in the Marine and Safety Authority Act 1997 .

3. Duties of Commissioner (1) Subject to this Act, the Commissioner shall make such arrangements as appear to him practicable for facilitating the proper carrying out in or from the State of operations required for the purpose of searching for or bringing to safety – (a) persons in danger at sea; (b) persons in need of assistance as a result of a casualty occurring at sea; or (c) persons suffering from illness or injury at sea who require assistance that is not immediately available to them. (2) Where it appears to the Commissioner that circumstances have arisen in which a marine search and rescue operation should be carried out at or from a place in the State he shall take such steps as appear to him to be necessary and practicable to ensure that the operation is carried out. (3) For the purpose of discharging his duties under this section the Commissioner may enter into and carry out agreements or arrangements with any person for the provision of a service or the carrying out of an operation. (4) Where an agreement is in force between the Commonwealth and the State with respect to the carrying out of any operations referred to in subsection (1) the Commissioner shall carry out his duties under this section in accordance with, and so as to give effect to, that agreement. (5) The Commissioner may delegate any of his functions under this section to such person as he thinks fit. (6) A delegation under subsection (5) is revocable at the will of the Commissioner and does not prevent the exercise by the Commissioner of any of the delegated functions.