Section 167 Pilots and fatigue management

(1) A person who employs pilots to perform pilotage services on the person’s behalf at a port must devise and implement, for the pilots, a fatigue management program complying with subsections (2) and (3).

Maximum penalty—40 penalty units.

(2) The program, when implemented, must be capable of ensuring that the pilots are properly rested and fit to perform their duties.

(3) Without limiting subsection (2), the program must make suitable provision for maximum work times, maximum pilotage times and minimum rest times.

(4) The person must take reasonable steps to ensure the pilots comply with the program.

Maximum penalty—40 penalty units.

(5) A pilot to whom the program applies must not have the conduct of a ship as its pilot if—

(a) the pilot’s fatigue level may cause the ship to be operated unsafely; or

(b) the pilot has not substantially complied with the program.

Maximum penalty—40 penalty units.