Section 6Part 0 —
Vessel or aircraft arriving for non-traffic purposes or making a technical stop
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Nothing in section 3 applies to an aircraft or vessel which makes a technical stop or lands, berths, anchors, or otherwise arrives or stops at any port for non-traffic purposes if the arrival is -
required by any statutory or other requirement relating to navigation;
compelled by any emergency, accident, unfavourable weather conditions, or other necessity; or
authorised by the competent authority.
Where an aircraft or vessel arrives or stops for any of the reasons outlined in subsection (1) the captain or master shall -
forthwith report to the competent authority;
not without the consent of the competent authority, permit any crew members or passenger to disembark from the aircraft or vessel; and
comply with any directions given by the competent authority in respect of any crew member, or passenger carried on the aircraft or vessel.
Subject to any authorisation granted by the competent authority, neither a crew member nor a passenger on an aircraft or vessel shall without the consent of that authority disembark from the aircraft or vessel, and any such person shall comply with any direction given by the competent authority.
A captain or master who fails to comply with or contravenes this section commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year or to both.
Notwithstanding subsection (4), the disembarkation of a crew member or a passenger from an aircraft or vessel shall not constitute an offence, if the disembarkation is necessary for reasons of health, safety or the preservation of life.
In the circumstances set out at subsection (5) or in similar emergency circumstances the competent authority shall take into consideration the circumstances of the emergency and that the pilot or master may not have been in a position to transmit the API and in such circumstances the competent authority shall not consider the non-compliance of the pilot or master to be a contravention of this section.