Reckless navigation of vessel
75BD Reckless navigation of vessel
A person commits an offence if the person wilfully navigates a vessel in a manner that is —
inherently dangerous; or
dangerous to the public or to any person, having regard to all the circumstances of the case.
Penalty for this subsection:
for a first offence, a fine of $6 000;
for a second offence, a fine of $9 000;
for a third or subsequent offence, a fine of $12 000.
Alternative offence for this subsection: an offence specified in the Table.
Table — Alternative offences
Section no. | Section heading |
|---|---|
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
If an offence against subsection (1) is committed in the circumstance of aggravation referred to in section 75AF(1)(c), the offence is a crime.
Alternative offence for this subsection: an offence specified in the Table.
Table — Alternative offence
Section no. | Section heading |
|---|---|
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection: imprisonment for 5 years.
Summary conviction penalty for this subsection: imprisonment for 2 years.
A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
for an offence committed in a circumstance of aggravation —
for a first or second offence, for a period of not less than 2 years; or
for a third or subsequent offence, permanently;
otherwise —
for a first offence, for a period of not less than 6 months; or
for a second offence, for a period of not less than 12 months; or
for a third or subsequent offence, permanently.
A police officer may arrest a person for an offence against subsection (1) without a warrant.
[Section 75BD inserted: No. 31 of 2023 s. 14(1).]
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