MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 32 Persons participating in the operation of a recreational vessel must take reasonable care

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 32

    (1)     A person (other than the master of a recreational vessel) who operates a recreational vessel must, when doing so under the direction of the master of the recreational vessel—

        (a)     take reasonable care for his or her own safety; and

        (b)     take reasonable care for the safety of persons who may be affected by his or her acts or omissions; and

        (c)     comply with a direction of the master that the master has given to the person—

              (i)     in order for the master to operate the vessel safely; or

              (ii)     in order for the master or person to comply with a requirement imposed under this Act or the regulations.

Penalty:     25 penalty units.

    (2)     A person (other than the master of a recreational vessel) who operates a recreational vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master—

        (a)     in the interests of safety; or

        (b)     in accordance with this Act or the regulations.

Penalty:     60 penalty units.

    (3)     A person (other than the master of a recreational vessel) who operates a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the recreational vessel at risk.

Penalty:     60 penalty units.

    (4)     For the purposes of subsection (1)(a) or (b), in determining whether a person who is subject to that subsection failed to take reasonable care, regard must be had to what the person knew about the relevant circumstances.

    (5)     A person is not guilty of an offence against subsection (1)(c)—

        (a)     if the master of the vessel did not warn the person that a failure to comply with a direction could result in the person being charged with an offence against that subsection; or

        (b)     if the person has a reasonable excuse for not complying with a direction of the master.

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