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MARINE SAFETY ACT 1998 - SECT 13A
Operating vessel in a menacing manner
13A Operating vessel in a menacing manner
(1) Offence--intent to menace A person must not operate a vessel in any
navigable waters in a manner that menaces another person with the intention of
menacing that other person. : Maximum penalty--30 penalty units or
imprisonment for 18 months or both (in the case of a first offence) or 50
penalty units or imprisonment for 2 years or both (in the case of a
second or subsequent offence).
(2) Offence--possibility of menace A person
must not operate a vessel in any navigable waters in a manner that menaces
another person if the person ought to have known that the other person might
be menaced. : Maximum penalty--20 penalty units or imprisonment for 12 months
or both (in the case of a first offence) or 30 penalty units or imprisonment
for 18 months or both (in the case of a second or subsequent offence).
(3)
Application of section This section applies-- (a) whether the other person is
menaced by a threat of personal injury or by a threat of damage to property,
and
(b) whether or not that person or that property is in or on any
navigable waters.
(4) Defence A person is not guilty of an offence against
this section if the person could not, in the circumstances, reasonably avoid
menacing the other person.
(5) Double jeopardy A person is not liable to be
convicted of-- (a) both an offence against subsection (1) and an offence
against subsection (2), or
(b) both an offence against this section and an
offence against section 13,
arising out of a single incident.
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