Victorian Current Acts Victorian Current ActsS. 33(1) amended by No. 36/2013 s. 39(2).
(1) A passenger on board a recreational vessel must—
(a) take reasonable care for his or her own safety; and
(b) comply with a direction of the master of the vessel that the master has given to the person—
(i) in order for the master to operate the vessel safely; or
(ii) in order for the master or passenger to comply with a requirement imposed under this Act or the regulations.
Penalty: 25 penalty units.
S. 33(2) amended by No. 36/2013 s. 39(2).
(2) A passenger on board a recreational vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master of the vessel—
(a) in the interests of safety; or
(b) in accordance with this Act or the regulations.
Penalty: 60 penalty units.
S. 33(3) amended by No. 36/2013 s. 39(2).
(3) A passenger on board a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the vessel at risk.
Penalty: 60 penalty units.
S. 33(4) amended by No. 36/2013 s. 39(2).
(4) For the purposes of subsection (1)(a), in determining whether a passenger on board a recreational vessel failed to take reasonable care, regard must be had to what the passenger knew about the relevant circumstances.
S. 33(5) amended by No. 36/2013 s. 39(2).
(5) A passenger on board a recreational vessel is not guilty of an offence against subsection (1)(b)—
(a) if the master of the vessel did not warn the passenger that a failure to comply with a direction could result in the passenger being charged with an offence against that subsection; or
(b) if the passenger has a
reasonable excuse for not complying with a direction of the master.
Part 2.7—Other matters