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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 29 Duties of suppliers of vessel operations to owners of commercial vessels

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 29

Duties of suppliers of vessel operations to owners of commercial vessels

    (1)     A person who is not a marine safety worker and who supplies vessel operations to an owner of a commercial vessel must, so far as is reasonably practicable, ensure the safety of those operations.

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

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

    (2)     Without limiting subsection (1), a person contravenes that subsection if the person fails to do any of the following—

        (a)     in the case of a pilotage service provider, while supplying pilotage services ensure, so far as is reasonably practicable, the safety of those services;

        (b)     provide or maintain systems of marine safety work that are, so far as is reasonably practicable, safe;

        (c)     provide, so far as is reasonably practicable, such—

              (i)     information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe; and

              (ii)     information to persons on board a commercial vessel (other than marine safety workers) as is necessary to enable those persons to ensure their safety.

    (3)     Without limiting subsection (1), a person contravenes that subsection if—

        (a)     the person operates, or causes or allows to be operated, the commercial vessel and that vessel is an unsafe vessel;

        (b)     the commercial vessel is, while in State waters, so loaded that the load line of the vessel is submerged.

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

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