26Offences relating to contraventions of section 25

26 Offences relating to contraventions of section 25

(c) the person intends the act or omission to cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

(c) the person is reckless as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

(c) the person is negligent as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

(b) the act or omission contravenes section 25(1) or (2).

Division 7—General provisions

27 Determining what is reasonably practicable to ensure safety

In this Law, reasonably practicable, in relation to a duty imposed upon a person to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring safety, taking into account and weighing up all relevant matters, including:

(a) the likelihood of the hazard or risk concerned eventuating; and

(b) the degree of harm that might result from the hazard or risk concerned eventuating; and

(c) what the person concerned knows, or ought reasonably to know, about:

(i) the hazard or the risk concerned; and

(ii) ways of eliminating or minimising the hazard or risk concerned; and

(d) the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and

(e) after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned.

28 Functions and powers of marine safety inspectors not affected

To avoid doubt, subsections 21(4), 23(2) and (4) and 25(3) do not affect the performance of a function or the exercise of a power under this Law by a marine safety inspector.

29 Requirements imposed by this Part do not limit one another

The requirements imposed by this Part do not limit one another.

Part 4—Vessel identifiers and certificates for vessels and seafarers

Division 1—Unique identifiers

30 Person may apply for unique identifier

(1) A person may apply to the National Regulator for a unique identifier for a domestic commercial vessel.

(2) The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).