MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 72 Some commercial vessels or hire and drive vessels may be used recreationally

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 72

    (1)     The owner of a commercially operated vessel or a fleet of commercially operated vessels may use that vessel or fleet of vessels recreationally if—

        (a)     the owner has been granted an approval by the Safety Director under this section; and

        (b)     the approval is specified in the safe operation certificate issued to the owner in respect of the vessel or fleet of vessels.

    (2)     Subject to subsection (3), the Safety Director may—

        (a)     approve a specific commercially operated vessel for recreational use; or

        (b)     approve a specific fleet of commercially operated vessels for recreational use.

    (3)     The Safety Director must not grant an approval under subsection (2) in respect of a vessel or a specific fleet of vessels if—

        (a)     the vessel or fleet is of a class or type that has been declared under section 8 to be unsuitable for recreational use; or

        (b)     the Safety Director is not satisfied that the owner of the vessel or fleet has the competence or capacity to safely operate the vessel or fleet for recreational use.

    (4)     An approval granted by the Safety Director under subsection (2) must—

        (a)     be recorded on the safe operation certificate issued in respect of the vessel or fleet the subject of the approval; and

        (b)     specify in the safe operation certificate the number of passengers that can be carried in the vessel when the vessel is being used recreationally.

    (5)     An approval to use a commercially operated vessel for recreational purposes by the Safety Director under subsection (1) is subject to the following conditions—

        (a)     the Safety Director must be notified by the owner, in accordance with the regulations, before every voyage when the vessel will be used recreationally; and

        (b)     a person operating the vessel for a recreational purpose must comply with the requirements imposed under a relevant marine safety law that are applicable to the operation of recreational vessels; and

        (c)     any other prescribed condition.

    (6)     The owner of a commercially operated vessel that has been given approval to use the vessel recreationally under this section must comply with the conditions specified or provided for in subsection (5).

Penalty:     60 penalty units.

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