Annexure 1 This clause requires a passenger on board a domestic commercial vessel to take reasonable care for their own safety; comply with all reasonable and lawful directions from the master or crew member; not interfere with or misuse safety features of the vessel; and not unreasonably place other people at risk. The conditions under which a passenger will breach these requirements are also provided. Clause 22 Offences relating to contraventions of section 21 – Sub-clauses 1, 2 and 3 provide that a passenger on board a domestic commercial vessel is guilty of an offence if the action or inaction breaches sub-clauses 21(1), 21(2) passenger’s or 21(3) and was intentional, reckless or negligent. A penalty provision is applied according to the The level Criminal Code. of the penalty depends on whether the action or inaction of the owner was intentional, reckless or negligent. Sub-clause 4 provides that the passenger is also guilty of an offence if the action or inaction breaches passenger’s 21(1), 21(2) or 21(3) but is not proven to be intentional, reckless or negligent. A penalty provision is applied according to the Criminal Code. Sub-clause 5 clarifies that an offence against sub-clause 4 is a strict liability offence. Division 6 Other duties – Clause 23 Duty of persons relating to safety of persons on – domestic commercial vessels, etc.
This clause requires a passenger on board a domestic commercial vessel to take reasonable care for their own safety; comply with all reasonable and lawful directions from the master or crew member; Annexure 1 not interfere with or misuse safety features of the vessel; and not unreasonably place other people at risk. The conditions under which a passenger will breach these requirements are also provided. Clause 22 – Offences relating to contraventions of section 21 Sub-clauses 1, 2 and 3 provide that a passenger on board a domestic commercial vessel is guilty of an offence if the passenger’s action or inaction breaches sub-clauses 21(1), 21(2) or 21(3) and was intentional, reckless or negligent. A penalty provision is applied according to the Criminal Code. The level of the penalty depends on whether the action or inaction of the owner was intentional, reckless or negligent. Sub-clause 4 provides that the passenger is also guilty of an offence if the passenger’s action or inaction breaches 21(1), 21(2) or 21(3) but is not proven to be intentional, reckless or negligent. A penalty provision is applied according to the Criminal Code. Sub-clause 5 clarifies that an offence against sub-clause 4 is a strict liability offence. Division 6 – Other duties Clause 23 – Duty of persons relating to safety of persons on domestic commercial vessels, etc.