New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 13

13 Reckless, dangerous or negligent navigation and other acts

(1) A person must not operate a vessel in any navigable waters:

(a) negligently, or

(b) recklessly, or

(c) at a speed or in a manner dangerous to the public.

Maximum penalty:

(a) if the operation of the vessel occasions death or grievous bodily harm-1,000 penalty units (where the vessel is a seagoing ship), 100 penalty units (where the vessel is any other commercial vessel) or 50 penalty units (where the vessel is a recreational vessel), or imprisonment for 2 years, or both, or

(b) if the operation of the vessel does not occasion death or grievous bodily harm-1,000 penalty units (where the vessel is a seagoing ship), 100 penalty units (where the vessel is any other commercial vessel) or 50 penalty units (where the vessel is a recreational vessel).

(2) A person who is on a vessel in navigable waters, or is being towed by such a vessel, must not do anything that is dangerous to the public.

Maximum penalty: 50 penalty units.

(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:

(a) the nature and condition of the waters in which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, in those waters.

(4) The higher maximum penalty under paragraph (a) of the maximum penalty in subsection (1) does not apply unless it is alleged in the charge for the offence that the conduct concerned occasioned death or grievous bodily harm.

(5) In this section:
"dangerous to the public" includes anything that causes or is likely to cause injury to any person or damage to any property.
"grievous bodily harm" includes any permanent or serious disfigurement.
"seagoing ship" means a commercial vessel of more than 45.72 metres in length that is used or intended to be used to carry cargo or passengers for hire or reward and that normally operates on voyages between ports.