Div 2Duties of designers, builders, suppliers etc.

Division 2—Duties of designers, builders, suppliers etc.

14 Duty relating to design, manufacture etc. of domestic commercial vessels

A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a domestic commercial vessel, or marine safety equipment that relates to such a vessel, must:

(a) ensure, so far as reasonably practicable, that the vessel or equipment is safe if used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and

(b) either:

(i) carry out, or arrange the carrying out of, such testing and examination as may be necessary for compliance with paragraph (a); or

(ii) ensure that such testing and examination has been carried out; and

(c) take such action as is necessary to ensure that there will be available, in connection with the use of the vessel or equipment, adequate information about:

(i) the use for which the vessel or equipment was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and

(ii) the results of any testing or examination referred to in paragraph (b); and

(iii) any conditions necessary to ensure the vessel or equipment is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be.

15 Offences relating to contraventions of section 14

(c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

(c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

(c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

(b) the act or omission contravenes section 14.

Note: For strict liability, see section 6.1 of the Criminal Code.