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Marine Safety Act 2010
32Persons participating in the operation of a recreational vessel must take reasonable care
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32 Persons participating in the operation of a recreational vessel must take reasonable care
S. 32(1) amended by Nos 78/2011 s. 6(2), 36/2013 s. 38(2).
(1) A person (other than the master of a recreational vessel) who operates a recreational vessel must, when doing so under the direction of the master of the recreational vessel—
(b) take reasonable care for the safety of persons who may be affected by his or her acts or omissions; and
(c) comply with a direction of the master that the master has given to the person—
(i) in order for the master to operate the vessel safely; or
(ii) in order for the master or person to comply with a requirement imposed under this Act or the regulations.
1. 25 penalty units.
S. 32(2) amended by Nos 78/2011 s. 6(2), 36/2013 s. 38(2).
(2) A person (other than the master of a recreational vessel) who operates a recreational vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master—
(b) in accordance with this Act or the regulations.
S. 32(3) amended by Nos 78/2011 s. 6(2), 36/2013 s. 38(2).
(3) A person (other than the master of a recreational vessel) who operates a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the recreational vessel at risk.
(4) For the purposes of subsection (1)(a) or (b), in determining whether a person who is subject to that subsection failed to take reasonable care, regard must be had to what the person knew about the relevant circumstances.
(5) A person is not guilty of an offence against subsection (1)(c)—
(a) if the master of the vessel did not warn the person that a failure to comply with a direction could result in the person being charged with an offence against that subsection; or
(b) if the person has a reasonable excuse for not complying with a direction of the master.
Part 2.6—Safety duties of passengers on vessels
S. 33 (Heading) amended by No. 36/2013 s. 39(1).