82Unseaworthy vessels not to be navigated

82 Unseaworthy vessels not to be navigated

(1)  Unless directed to do so by MAST, a person must not –

(a) navigate an unseaworthy vessel; or

(b) cause another person to navigate an unseaworthy vessel.

Penalty:  Fine not exceeding 50 penalty units.

(2)  However, it is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that –

(a) the person used all reasonable means to ensure the seaworthiness of the relevant vessel; or

(b) at the relevant time, the person was owner or master of the relevant vessel and its navigation was reasonable in the circumstances.