NSWIn ForceAct
Marine Safety Act 1998
19EFailure to comply with production notice
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#### 19E Failure to comply with production notice
19E Failure to comply with production notice
> > (1) The relevant owner of a recreational vessel is guilty of an offence if—
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> > > (a) the relevant owner is given a recreational vessel production notice in relation to the vessel, and
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> > > (b) without reasonable excuse, the relevant owner fails to move the vessel to or produce it at, or cause it to be moved to or produced at, the place, on the date and within the time period, specified in the notice.
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> > Maximum penalty—30 penalty units.
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> > (2) The responsible regulator may suspend the registration of a vessel for a period not exceeding 3 months if the relevant owner of the vessel—
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> > > (a) is found guilty of an offence against this section, or
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> > > (b) pays the whole or part of the amount specified in a penalty notice issued in respect of an offence against this section, or in any process subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, or
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> > > (c) has not paid the amount so specified, has not elected to have the matter dealt with by a court and the time for electing to have the matter so dealt with has elapsed.
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> > (3) Any suspension under subsection (2) is in addition to any penalty imposed by a court or prescribed by the regulations for the offence.
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> > (4) If the relevant owner of a recreational vessel is issued with a second recreational vessel production notice after failing to comply with subsection (1) and the relevant owner fails to comply with subsection (1) in relation to the second production notice, the vessel is forfeited to the Crown unless already forfeited under section 19F or the court otherwise directs under section 19G.
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> **s 19E:** Ins 2016 No 28, Sch 1 \[18\]. Am 2025 No 12, Sch 1\[19\] \[23\] \[24\].