(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,
(c) the impact of the
alleged offence on others using or near to the waters in which the offence is
alleged to have been committed, including nearby swimmers, divers, surfers,
fishers and people using any adjacent land.
(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.
"hire and drive vessel" has the same meaning as in the National law.