28Offence—contravening a safe loading requirement

28 Offence—contravening a safe loading requirement

(1) A person commits an offence if: (a) the person: (i) operates a vessel in Territory waters; or (ii) is the owner of a vessel that is in Territory waters; and (b) the vessel contravenes a safe loading requirement that applies to the vessel under a law of the State or Territory where: (i) the vessel is registered; or (ii) the vessel’s owner resides.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the vessel is any of the following: (a) a vessel used solely for the purpose of racing or competition; (b) a vessel propelled by oars or paddles and that does not have an engine; (c) a sailing vessel with or without an engine; (d) a domestic commercial vessel operating in accordance with a certificate of survey in force under the Marine Safety (Domestic Commercial Vessel) National Law. (3) In this section:

safe loading requirement means a requirement relating to the maximum number or weight of persons and equipment that a vessel may carry and includes any requirement to display a label on a vessel relating to the maximum safe load or maximum number of persons that the vessel may carry.