South Australian Numbered Acts South Australian Numbered Acts5—Insertion of Part 9 Division 4
After Part 9 Division 3 insert:
Division 4—Australian Builders Plates
64A—Application of this Division
(1) This Division
applies in respect of vessels of a class declared by regulation to be a class
of vessels in respect of which an Australian Builders Plate is required.
(2) Nothing in this
Division affects a provision under this Act requiring—
(a) the
operator of a recreational vessel to ensure that the number of persons carried
on the vessel does not exceed the number stated on a compliance plate affixed
to the vessel or set out in the regulations (as the case may require); or
(b) a
compliance plate to be affixed to a recreational vessel.
64B—Certain vessels not to be sold without Australian Builders Plate
affixed etc
(1) A person must not,
without the approval of the CEO, sell or supply a vessel to which this
Division applies unless—
(a) an
Australian Builders Plate is affixed to the vessel in accordance with the
regulations; and
(b) the
information contained on the Australian Builders Plate is correct at the time
of the sale or supply.
Maximum penalty: $10 000.
(2) This section does
not apply in the case of the sale or supply of a vessel—
(a)
declared by the regulations to have been constructed before the commencement
of this section; or
(b) that
is the second, or a subsequent, sale or supply of the vessel (disregarding any
sale or supply that is for a purpose related to the manufacture of the
vessel).
(3) A person must not
affix, or cause to be affixed, an Australian Builders Plate to a vessel if the
person knows, or ought reasonably to have known, that the information
contained on the plate was incorrect.
Maximum penalty: $5 000.
(4) A person must not
alter an Australian Builders Plate affixed to a vessel if the person knows, or
ought reasonably to have known, that the alteration would result in the
information contained on the plate being incorrect.
Maximum penalty: $5 000.
(5) A person must not
remove an Australian Builders Plate that is affixed to a vessel except—
(a) in
order to replace it with another Australian Builders Plate; or
(b) with
the approval of the CEO.
Maximum penalty: $5 000.
(6) A person must not
deface or conceal an Australian Builders Plate that is affixed to a vessel.
Maximum penalty: $5 000.
(7) In this
section—
"sell or supply" includes offer for sale or supply.
64C—General defence
(1) It is a defence to
a charge of an offence against section 64B(1) if the defendant believed
on reasonable grounds that the vessel—
(a) was
to be exported as soon as practicable after the sale of the vessel by the
defendant; or
(b) was
to be used solely for the purpose of racing in organised events (including
training in, or testing of, the vessel in respect of such racing).
(2) It is a defence to
a charge of an offence against section 64B(1), (5) or (6) if the
defendant proves that the alleged offence was not committed intentionally and
did not result from any failure on the part of the defendant to take
reasonable care to avoid the commission of the offence.
(3) In this
section—
"Australia" includes the external Territories;
"exported" means exported to a place outside of Australia.