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Maritime Search and Rescue Act 2008

Not Yet Commenced

REPUBLIC OF VANUATU

MARITIME SEARCH AND RESCUE ACT
NO. 7 OF 2008

Arrangement of Sections

PART 1 PRELIMINARY
1 Interpretation

PART 2 PROVISION OF SEARCH AND RESCUE SERVICES
2 Responsibility for search and rescue
3 Powers exercisable under the Police Act
4 Requisition of aircraft and vessels

PART 3 IMMUNITY AND PRESERVATION OF COMMON LAW LIABILITY
5 Immunity
6 Preservation of common law liability

PART 4 MISCELLANEOUS
7 Offences
8 Penalties
9 Regulations
10 Commencement

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REPUBLIC OF VANUATU

MARITIME SEARCH AND RESCUE ACT
NO. 7 OF 2008

An Act to provide for maritime search and rescue operations in Vanuatu territorial waters and surrounding waters and for related purposes.

PART 1 PRELIMINARY

1 Interpretation

In this Act, unless the contrary intention appears:

Commissioner means the Commissioner of Police appointed under the Police Act;

Convention means the International Convention on Maritime Search and Rescue concluded in Hamburg on 27 April 1979 (as amended) and includes any agreements made from time to time under this Convention;

Force means the Vanuatu Police Force established by the Police Act [CAP 105];

member means any member of the Force regardless of rank;

Minister means the Minister for the time being responsible for the Vanuatu Police Force or any Minister acting on his behalf;

rescue means the rescue of human life in or from any waters;

search means the search for human life in any waters;

senior officer means any member of or above the rank of inspector;

waters includes inland lakes and waterways.

PART 2 PROVISION OF SEARCH AND RESCUE SERVICES

2 Responsibility for search and rescue

The Vanuatu Police Force is, subject to the Convention, responsible for search and rescue operations in Vanuatu territorial waters and the surrounding waters.

3 Powers exercisable under the Police Act

The powers granted under Part 4 of the Police Act shall be exercisable by members in the performance or purported performance of search and rescue activities under this Act.

4 Requisition of aircraft and vessels

The Commissioner or a senior officer may, if considered necessary by the Commissioner or such officer, requisition or cause to be requisitioned any crew, aircraft or vessel if the means at their disposal prove insufficient to bring search or rescue operations to a successful conclusion.

PART 3 IMMUNITY AND PRESERVATION OF COMMON LAW LIABILITY

5 Immunity

(1) No suit or other legal proceedings for damages is to be instituted in any court of law against the Republic of Vanuatu or any part of the executive branch, nor any member of the Force or any other person for or on account of or in respect of any act, matter or thing done or purported to be done or omitted to be done, in good faith, in the performance or exercise of any duty or power imposed or conferred by or under this Act.

(2) The provisions of this section extends to the protection from liability referred to in subsection (1) of any person deputed by delegation under this Act or under any other law for the time being in force, to perform or exercise any such duty or power thereof.

6 Preservation of common law liability

Nothing in this Act affects the liability of any person whose acts or omissions led to search or rescue operations nor the ability of any person to recover compensation for such acts or omissions.

PART 4 MISCELLANEOUS

7 Offences

(1) A person who discovers the wreck of any aircraft or vessel must immediately inform a member.

(2) A person must not obstruct or hinder any person in the execution or implementation of any search or rescue activity.

(3) A person, if called upon by a member to assist in the execution of his or her duty under this Act must not, without reasonable excuse, fail to give such assistance.

(4) A person must not make a false or misleading report of a matter that leads or is likely to lead to search or rescue operations.

(5) A person who fails to comply with the provisions of this section commits an offence under this Act.

8. Penalties
   

A person who commits an offence under section 7 is liable on conviction:

(a) in the case of an individual- to a term of imprisonment not exceeding 6 months, or a fine not exceeding VT500,000 or both;

(b) in the case of a company –to a fine not exceeding VT1,000,000.

9. Regulations
   

The Minister may make such regulations as are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

10 Commencement

This Act commences on the day on which it is published in the Gazette.