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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 33 Passengers on board vessels must take reasonable care

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 33

Passengers on board vessels must take reasonable care

    (1)     A passenger on board a vessel must—

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

        (b)     comply with a direction of the master of the vessel 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 passenger to comply with a requirement imposed under this Act or the regulations.

Penalty:     25 penalty units.

    (2)     A passenger on board a vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master of the vessel

        (a)     in the interests of safety; or

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

Penalty:     60 penalty units.

    (3)     A passenger on board a vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the vessel at risk.

Penalty:     60 penalty units.

    (4)     For the purposes of subsection (1)(a), in determining whether a passenger on board a vessel failed to take reasonable care, regard must be had to what the passenger knew about the relevant circumstances.

    (5)     A passenger on board a vessel is not guilty of an offence against subsection (1)(b)—

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

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

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