Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_12
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 56163–57661

12  Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
 (1) An owner of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of:
 (a)  the vessel; and
 (b) marine safety equipment that relates to the vessel; and
 (c) the operation of the vessel.
 (2) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if:
 (a) the owner does not provide or maintain the vessel so that the vessel is, so far as reasonably practicable, safe; or
 (b) the owner does not implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe; or
 (c) the owner does not provide, so far as reasonably practicable, such information, instruction, training or supervision to people on board the vessel as is necessary to ensure their safety.
 (3) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if:
 (a) the owner operates the vessel, or causes or allows the vessel to be operated; and
 (b)  the vessel is an unsafe vessel.
 (4) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if the owner prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.