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Marine Safety Act 2010
33Passengers on board recreational vessels must take reasonable care
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33 Passengers on board recreational vessels must take reasonable care
S. 33(1) amended by No. 36/2013 s. 39(2).
(1) A passenger on board a recreational vessel must—
(b) comply with a direction of the master of the vessel 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 passenger to comply with a requirement imposed under this Act or the regulations.
1. 25 penalty units.
S. 33(2) amended by No. 36/2013 s. 39(2).
(2) A passenger on board a recreational vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master of the vessel—
(b) in accordance with this Act or the regulations.
S. 33(3) amended by No. 36/2013 s. 39(2).
(3) A passenger on board a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the vessel at risk.
S. 33(4) amended by No. 36/2013 s. 39(2).
(4) For the purposes of subsection (1)(a), in determining whether a passenger on board a recreational vessel failed to take reasonable care, regard must be had to what the passenger knew about the relevant circumstances.
S. 33(5) amended by No. 36/2013 s. 39(2).
(5) A passenger on board a recreational vessel is not guilty of an offence against subsection (1)(b)—
(a) if the master of the vessel did not warn the passenger that a failure to comply with a direction could result in the passenger being charged with an offence against that subsection; or
(b) if the passenger has a reasonable excuse for not complying with a direction of the master.
Part 2.7—Other matters