HARBORS AND NAVIGATION ACT 1993 - SECT 66

HARBORS AND NAVIGATION ACT 1993 - SECT 66

66—Power to prohibit use etc of unsafe vessel

        (1)         If the CE suspects, on reasonable grounds—

            (a)         that a vessel is unsafe; or

            (b)         that a vessel does not have the equipment or markings required by this Act or the regulations or the equipment is not in good working order; or

            (c)         that a vessel is overloaded or is not properly loaded in accordance with the regulations,

the CE may, by order, do 1 or more of the following:

            (a)         prohibit the use of the vessel;

            (b)         require the vessel to be taken out of the water as soon as is reasonably practicable;

            (c)         require that the vessel not be returned to the water until any conditions specified in the order have been satisfied.

        (2)         If an order is made under this section while the vessel is under way, the vessel must be brought as soon as possible to safe anchorage or be taken as soon as possible out of the water.

        (3)         Except as provided in subsection (2), if a vessel is operated contrary to an order under subsection (1), the owner and operator of the vessel are each guilty of an offence.

Maximum penalty: $5 000.