Div 3Duties of masters

Division 3—Duties of masters

16 Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations

(1) The master of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of:

(a) the vessel; and

(b) marine safety equipment that relates to the vessel; and

(c) the operation of the vessel*.*

(2) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if the master does not, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel.

(3) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if:

(a) the master operates the vessel, or causes or allows the vessel to be operated; and

(b) the vessel is an unsafe vessel.

(4) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if, when carrying out duties as master or doing anything in relation to the vessel, the master interferes with or misuses anything provided on the vessel in the interests of the safety of the vessel.

(5) Subsection (1) does not apply if:

17 Duty of masters of domestic commercial vessels to take reasonable care for safety of persons

(1) The master of a domestic commercial vessel must, when carrying out duties as master of the vessel:

(a) take reasonable care for his or her own safety; and

(b) take reasonable care for the safety of persons who may be affected by his or her acts or omissions.

(2) The master of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as master of the vessel.

(3) Subsections (1) and (2) do not apply if:

18 Offences relating to contraventions of section 16 or 17

(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 16(1) or 17(1) or (2).