48Directions relating to the conduct of persons—domestic commercial vessels

48 Directions relating to the conduct of persons—domestic commercial vessels

Directions not to board or remain on board a vessel (1) A designated person for a domestic commercial vessel that is in Territory waters may give a direction to a person not to board, or not to remain on board, the vessel if the designated person is of the opinion that the direction is necessary to ensure that the maximum number of persons that the vessel is authorised to carry is not exceeded. Directions not to enter or remain in a part of a vessel (2) A designated person for a domestic commercial vessel that is in Territory waters may give a direction to a person not to enter, or not to remain in, a part of the vessel if the designated person is of the opinion that the direction is necessary to ensure that the maximum number of persons authorised to be carried in that part of the vessel is not exceeded. Directions to move to or from a part of a vessel etc. (3) A designated person for a domestic commercial vessel that is in Territory waters may give a direction to a person on the vessel to move to or from a part of the vessel, or cease an activity in which the person is engaged on the vessel, if the designated person is of the opinion that the direction is necessary to ensure the proper and orderly management, operation or navigation of the vessel. Directions not to be given to a relevant officer (4) A designated person for a domestic commercial vessel that is in Territory waters may not give a direction under this section to a relevant officer who is exercising his or her functions as a relevant officer. Offence—refusing or failing to comply with a direction (5) A person commits an offence if: (a) the person is given a direction under this section; and (b) the person refuses or fails to comply with the direction.

Penalty: 50 penalty units.

Definitions (6) In this section:

designated person for a domestic commercial vessel means a person on board the vessel who is concerned in the navigation, operation or management of the vessel and includes, for the purposes of subsections (1) and (2), a person who is concerned in the conduct of operations at the berth of the vessel.

relevant officer means:

(a) a police officer; or
(b) an officer of the Commonwealth or New South Wales Government; or
(c) an officer of a statutory authority created under a law of the Commonwealth or New South Wales.