QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.32What happens if a person does not comply with a relevant standard
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### sec.32 What happens if a person does not comply with a relevant standard
If a person does not comply with a relevant standard, this may establish noncompliance with a general safety obligation under section 40 or 41 .
However, the court may be satisfied that the ship was safe even though the standard was not complied with.
If a ship owner or master operates a recreational ship that does not comply with a standard about the equipment the ship should be equipped with to achieve safety, the noncompliance with the standard may mean section 41 has been contravened. However, the ship owner may satisfy the court the ship was safe, despite noncompliance with the standard.
See section 42 for a fuller statement.
s 32 amd 2016 No. 3 s 15
(sec.32-ssec.1) If a person does not comply with a relevant standard, this may establish noncompliance with a general safety obligation under section 40 or 41 .
(sec.32-ssec.2) However, the court may be satisfied that the ship was safe even though the standard was not complied with. If a ship owner or master operates a recreational ship that does not comply with a standard about the equipment the ship should be equipped with to achieve safety, the noncompliance with the standard may mean section 41 has been contravened. However, the ship owner may satisfy the court the ship was safe, despite noncompliance with the standard. See section 42 for a fuller statement.