Victorian Consolidated Legislation

Marine Act 1988 - SECT 22

Dangerous operating

22. Dangerous operating



(1) A person must not operate a vessel at a speed or in a manner which is
dangerous to the public, having regard to all the circumstances of the case.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) Subsection (1) does not apply to a person who is complying with section
26.

(3) On conviction for an offence under this section involving a regulated
recreational vessel or a regulated hire and drive vessel, the court must-

   (a)  in the case of an offender who holds an operator licence, cancel that
        licence and disqualify the offender from obtaining an operator licence
        for the time (not being less than 6 months) that the court thinks fit;
        or

   (b)  in the case of an offender who does not hold an operator licence,
        disqualify the offender from obtaining an operator licence for the
        time (not being less than 6 months) that the court thinks fit.

(4) If on a prosecution for an offence under this section the court is not
satisfied that the defendant is guilty of that offence but is satisfied that
the defendant is guilty of an offence against section 22A, the court may
convict the defendant of an offence against section 22A and punish the
defendant accordingly.