Person taken to be in command or charge of vessel for purposes of Parts 3A and 3B
75AC Person taken to be in command or charge of vessel for purposes of Parts 3A and 3B
This section applies for the purposes of Parts 3A and 3B and in the absence of proof to the contrary.
A person is taken to be in command or charge of a vessel at a particular time if, at that time —
the person is the only person, or the only person who is 18 years of age or above, on the vessel; or
the person appears, without contradiction by any other person on the vessel, to be in command or charge of the vessel; or
the other persons on the vessel, or a majority of them, acknowledge that the person is in charge of the vessel; or
of all the persons on the vessel, the person has ultimate control over the course or direction of the vessel, or the means of propulsion of the vessel, whether or not —
the vessel is underway; or
the person is operating the vessel.
Example for this subsection:
For the purposes of paragraph (b), the person says or does something that makes them appear to be in command or charge of the vessel.
A person who owns a vessel is taken to be in command or charge of the vessel if the person —
is on the vessel; and
holds a marine qualification that authorises the person to navigate the vessel.
A person who has command or charge of a vessel continues to have command or charge of the vessel until the person has ensured that —
the command or charge of the vessel has been handed to another person; and
the other person has accepted the command or charge.
[Section 75AC inserted: No. 31 of 2023 s. 14(1).]
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