9Directions to ensure safety of commercial vessel

9 Directions to ensure safety of commercial vessel

9 Directions to ensure safety of commercial vessel

(1) An authorised person for a commercial vessel may give a direction to a person not to board or remain on board the vessel if the authorised person is of the opinion that the direction is necessary to ensure that the maximum number of persons that the vessel is authorised to carry is not exceeded.

(2) An authorised person for a commercial vessel may give a direction to a person not to enter or remain in a part of the vessel if the authorised person is of the opinion that the direction is necessary to ensure that the maximum number of persons authorised to be carried in that part of the vessel is not exceeded.

(3) An authorised person for a commercial vessel may give a direction to a person who is a passenger or special personnel on the vessel to move to or from a part of the vessel, or cease an activity in which the person is engaged on the vessel, if the authorised person is of the opinion that the direction is necessary to ensure the proper and orderly management, operation or navigation of the vessel.

(4) A person must not fail to comply with any reasonable direction given to the person under this clause.

Maximum penalty—50 penalty units.

(5) An authorised person may not give a direction under this clause to a relevant officer who is exercising his or her functions as a relevant officer.

(6) In this clause—

authorised person for a commercial vessel means a person on board the vessel who is concerned in the navigation, operation or management of the vessel and includes, for the purposes of subclauses (1) and (2), a person who is concerned in the conduct of operations at the berth of the vessel.

relevant officer means—

(a) a police officer, or

(b) a person employed in the NSW Public Service or the Commonwealth Public Service, or

(c) an officer of a statutory authority created under the law of New South Wales or of the Commonwealth.

special personnel, in relation to a vessel, means—

(a) a person who is not the master, a pilot, a member of the crew or a passenger of a vessel and who is on the vessel to perform, or assist the performance of, the special work being carried out on board the vessel, or