MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 26 Safety duties in relation to design, manufacture and supply of vessels

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 26

    (1)     A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a vessel must—

        (a)     ensure, so far as is reasonably practicable, that the vessel is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified;

        (b)     carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section;

        (c)     in the case of a vessel to which paragraph (a) applies, take such action as is necessary to ensure that there will be available in connection with the use of the vessel adequate information about—

              (i)     the use for which the vessel was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified; and

              (ii)     the results of any testing or examination referred to in paragraph (b); and

              (iii)     any conditions necessary to ensure the vessel is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

    (2)     An offence against subsection (1) is an indictable offence.

    (3)     For the purposes of subsection (1), if the person who supplies the vessel—

        (a)     carries on the business of financing the acquisition of the thing by customers; and

        (b)     has, in the course of that business, acquired an interest in the vessel solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

        (c)     has not taken possession of the vessel or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in subsection (1) to the person who supplies that vessel is instead taken to be a reference to the third person.