20Definitions

20 Definitions

20 Definitions

(1) In this Part—

juvenile means a person who is not more than 16 years of age.

major offence means—

(a) the crime of murder or manslaughter or an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900, being a crime or offence by which the death of or bodily harm to another person was caused by or arose out of the operation of a vessel, or

(b) an offence against this Part.

operate, a vessel, includes—

(a) being towed by a vessel, whether on a water ski, aquaplane, paraflying device or other device, or

(b) act as observer on a vessel, for safety purposes, of any person being towed by the vessel, or

(c) supervise a juvenile operator of a motor vessel.

(2) A reference in this Part to a major offence includes a reference to any such offence committed before the commencement of this Part.

Note.

A reference to a major offence includes an offence against Part 2 of the Marine (Boating Safety—Alcohol and Drugs) Act 1991 committed before the repeal of that Act by this Act (see clause 3 of Schedule 4).

(3) An offence against a provision of this Part is a second or subsequent offence only if, within the period of 5 years immediately before a person is convicted of the offence, the person was convicted of another offence against the same provision or of a major offence.

(4) An offence against a provision of this Part is a first offence if it is not a second or subsequent offence.

s 20: Am 1999 No 19, Sch 2.21 [1]; 2005 No 4, Sch 1 [1]. Subst 2008 No 59, Sch 1 [12]. Am 2013 No 19, Sch 4.42 [1]; 2025 No 12, Sch 1[32]–[34].