Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p23
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 54908–57784

ensure that pre-operating checks are carried out before the hirer or participant takes control of the vessel.
       (3) The owner must ensure that a record of the onboard procedures is kept on board the vessel in a form readily accessible by any person on board the vessel.

3 Participant numbers, competency, age and health
       (1) The owner must assess the special skills, abilities and level of medical fitness required by the hirer and participants to undertake the activity for which the vessel is to be used.
       (2) The owner must determine the maximum number, minimum competency, minimum age and minimum medical requirements of participants for the vessel.
       (3) For subclause (2), the following matters must be taken into consideration by the owner when making the determination:
       (a)  the minimum number of persons required to safely operate the vessel;
       (b)  the amount of space available for persons on board the vessel;
       (c)   the kind of safety equipment on board the vessel;
       (d)  the load and stability limitations of the vessel;
       (e)  the area in which the vessel operates;
       (f)     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 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 must be satisfied that the hirer and participants 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 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 C.
       (8) The owner must ensure that each hirer and participant meets the recreational boating operator licencing requirements unless an exemption for the operation applies under State or Territory law.

4 Emergency preparedness
Note   For other requirements for onboard operation procedures for Class 4 vessels — see clause 7