New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 53A

53A Offence to operate commercial vessel not complying with certain requirements

(1) The owner of a commercial vessel must not operate the vessel unless:

(a) the vessel complies with the requirements prescribed by the regulations relating to the design, construction or equipment of any such vessel, and

(b) if required by the regulations, has a survey certificate under this Act.

Maximum penalty: 100 penalty units.

(2) The master of a commercial vessel must not operate the vessel unless:

(a) the vessel complies with the requirements prescribed by the regulations relating to the design, construction or equipment of any such vessel, and

(b) if required by the regulations, has a survey certificate under this Act.

Maximum penalty: 100 penalty units.

(3) It is a defence to a prosecution under subsection (2) if the master establishes that he or she did not have any reasonable cause to believe that:

(a) the vessel did not comply with the requirements referred to in subsection (2) (a) or did not have a survey certificate under this Act, as the case may be, or

(b) any condition of an exemption granted in respect of the vessel for the purposes of this section was not being complied with at the relevant time.

Note: Section 139 (4) provides that an exemption granted by the regulations or by order of the Minister does not apply during any period that any condition to which the exemption is subject is not complied with.

(4) The regulations may exempt any class of vessels from any of the requirements of subsections (1) and (2).

(5) The Minister may exempt a vessel from any of the requirements of subsections (1) and (2) by order in writing given to the owner or master of the vessel or by a condition of the vessel’s registration under this Act.

Note: A survey certificate for a vessel is a marine safety licence-Part 4 deals with the grant of, and other matters relating to, any such licence. A contravention of the conditions of such a licence by the holder is an offence-see section 32.