45Offence to operate or use unsafe vessel

#### 45 Offence to operate or use unsafe vessel 45 Offence to operate or use unsafe vessel > > (1) A person must not operate a vessel or former vessel in State waters if the person knows, or ought reasonably to know, that the vessel or former vessel is an unsafe vessel. > > > > Maximum penalty— > > > > > (a) for a commercial vessel that is a regulated Australian vessel or a foreign vessel—1,000 penalty units or imprisonment for 9 months, or both, or > > > > > (b) for another commercial vessel other than a hire and drive vessel—100 penalty units or imprisonment for 9 months, or both, or > > > > > (c) otherwise—50 penalty units or imprisonment for 9 months, or both. > > > (2) A person responsible for a vessel or former vessel must not use the vessel or former vessel, or allow the vessel or former vessel to be used, in State waters if the person knows, or ought reasonably to know, that the vessel or former vessel is an unsafe vessel. > > > > Maximum penalty— > > > > > (a) for a commercial vessel that is a regulated Australian vessel or a foreign vessel—1,000 penalty units or imprisonment for 9 months, or both, or > > > > > (b) for another commercial vessel other than a hire and drive vessel—100 penalty units or imprisonment for 9 months, or both, or > > > > > (c) otherwise—50 penalty units or imprisonment for 9 months, or both. > > > (3) A reference in this section to imprisonment for 9 months is, for a second or subsequent offence, taken to be a reference to imprisonment for 12 months. > > **s 45:** Am 2008 No 59, Sch 1 \[22\]. Subst 2016 No 28, Sch 1 \[26\]; 2025 No 12, Sch 1\[47\].