Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_16
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 61819–63170

16  Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
 (1) The master 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), the master of a domestic commercial vessel contravenes that subsection if the master does not, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel.
 (3) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if:
 (a) the master 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), the master of a domestic commercial vessel contravenes that subsection if, when carrying out duties as master or doing anything in relation to the vessel, the master interferes with or misuses anything provided on the vessel in the interests of the safety of the vessel.
 (5) Subsection (1) does not apply if:
 (a) the vessel is a hire and drive vessel being used wholly for recreational purposes; and
 (b) the master of the vessel is a hirer of the vessel.