Document ID: chunk:federal_register_of_legislation:F2024L01458:body:0:p24
Version: federal_register_of_legislation:F2024L01458
Segment Type: other
Provision Reference: 
Character Range: 57146–59972

to undertake the activity for which the vessel is to be used.
       (2) The owner of the vessel must determine the maximum number, minimum competency, minimum age and minimum medical requirements of the hirer or any participant.
       (3) For subclause (2), the following matters must be taken into consideration by the owner when making the determination:
        1.    the minimum number of persons required to safely operate the vessel;
        2.    the amount of space available for persons on board the vessel;
        3.    the kind of safety equipment on board the vessel;
        4.    the load and stability limitations of the vessel;
        5.    the area in which the vessel operates;
        6.     the operational risk.
 (4) The maximum number of persons on board that may be determined by the owner must not be more than:
(a) 12 persons; or
(b) the maximum number of persons the vessel is permitted under the national law to carry.
       (5) The owner of the vessel must ensure that the person with primary responsibility for the operation of the vessel, whether or not the hirer of the vessel, is competent to operate the vessel.
Note   Additional competency requirements relating to the supervision etc of the operation of personal watercraft apply — see clause 9.
 (6) The owner of the vessel must be satisfied that the hirer and any participant have the skills and abilities necessary to operate the vessel safely, over the term of the agreement, having regard to the vessel's size, type, propulsion power and intended areas of operation.
Note   The owner might consider, for example, relevant boating experience, evidence of successful crossing of a bar, observation of the hirer's and any participants' skills, documents relating to the hirer and participants' medical conditions, certificates of competency.
       (7) The owner of a vessel that operates in a State or Territory that has recreational boating operator licencing requirements for equivalent recreational boats must comply with subclause (8) if the vessel:
(a) is capable of operating at a speed of greater than 10 knots; or
(b) operates in operational area category C.
       (8) The owner of the vessel must ensure that the hirer and any participant meet the recreational boating operator licencing requirements unless an exemption for the operation applies under State or Territory law.

4 Emergency preparedness
      (1) Subclause 4(2) does not apply to a Class 4 vessel if it is a lower complexity vessel.
      (2) The owner of the vessel must ensure that the emergency plan includes at least 1 assembly station on the vessel for all persons on board if it is practicable for an assembly station to be provided.
      (3) The owner of the vessel must ensure that a laminated written or diagrammatic emergency safety procedure for