Commonwealth Numbered Acts

GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1991 No. 121 of 1991 - SECT 10

10. After Part VII of the Principal Act the following Part is inserted:
                "PART VIIA - COMPULSORY PILOTAGE
Purpose of Part

"59A. The purpose of this Part is to impose a scheme of compulsory pilotage on
regulated ships within the compulsory pilotage area of the Great Barrier
Reef Region. Offence to navigate without a pilot

"59B. If a regulated ship navigates without a pilot in the compulsory pilotage
area, the master and the owner of the ship are each guilty of an offence.
Penalty: $50,000. Offence to enter an Australian port after navigating without
a pilot: master and owner liable

"59C. (1) If:

   (a)  a regulated ship navigates without a pilot in the compulsory pilotage
        area; and

   (b)  the ship enters an Australian port under the command of the master who
        was in command of the ship during the navigation referred to in
        paragraph (a); the master and the owner of the ship are each guilty of
        an offence. Penalty: $50,000.

"(2) The regulated ship's entry to an Australian port referred to in paragraph
(1) (b) may occur on the same voyage on which the navigation in the compulsory
pilotage area without a pilot occurred or on a later voyage. Offence to enter
an Australian port after navigating without a pilot: owner liable

"59D. (1) If:

   (a)  a regulated ship navigates without a pilot in the compulsory pilotage
        area; and

   (b)  the ship enters an Australian port under the command of a master other
        than the master who was in command of the ship during the navigation
        referred to in paragraph (a); the owner of the ship is guilty of an
        offence. Penalty: $50,000.

"(2) The regulated ship's entry to an Australian port referred to in paragraph
(1) (b) may occur on the same voyage on which the navigation in the compulsory
pilotage area without a pilot occurred or on a later voyage. Pilots to issue
certificates

"59E. (1) If:

   (a)  a pilot boards a regulated ship for the purpose of navigating the ship
        in the compulsory pilotage area; and

   (b)  the pilot navigates the ship in the compulsory pilotage area; the
        pilot must give the master of the ship a certificate in the form
        approved by the Minister.

"(2) The pilot must provide the certificate to the master before disembarking
from the ship after the navigation through the compulsory pilotage area.

"(3) The certificate must:

   (a)  identify the ship; and

   (b)  state that the pilot has navigated the ship in the compulsory pilotage
        area; and

   (c)  provide any other information specified by the Minister in the
        approval of the certificate. Exemption from requirement to navigate
        with a pilot

"59F. (1) The master or owner of a regulated ship may apply to the Minister
for an exemption from the requirement to navigate with a pilot in the
compulsory pilotage area.

"(2) The application must:

   (a)  be in writing; and

   (b)  contain the prescribed information; and

   (c)  be made in a form approved by the Minister.

"(3) The Minister may grant an exemption if, in the Minister's opinion:

   (a)  to require that ship to navigate with a pilot would not improve
        environmental protection in the Great Barrier Reef Region; or

   (b)  the ship would not pose a threat to the environment because it is
        likely to remain:

        (i)    stationary; or

        (ii)   in a limited area; within the compulsory pilotage area.

"(4) Without limiting the considerations the Minister may take into account in
deciding whether or not to grant an exemption under paragraph (3) (b), the
Minister must consider:

   (a)  the proposed duration of the ship's stay within the compulsory
        pilotage area; and

   (b)  the nature of the area in which the ship will be stationary or
        navigating within the compulsory pilotage area; and

   (c)  the purpose of the ship's proposed stay in the compulsory pilotage
        area.

"(5) The exemption must be in writing and may be given in respect of the whole
or part of the ship's proposed navigation in the compulsory pilotage area.
Review by the Administrative Appeals Tribunal

"59G. (1) In this section: `decision' has the same meaning as in the
Administrative Appeals Tribunal Act  1975 .

"(2) Subject to the Administrative Appeals Tribunal Act 1975, application may
be made to the Administrative Appeals Tribunal by a person whose interests are
affected by a decision made under section 59F for review of the decision.

"(3) Where the Minister makes a decision under section 59F, a notice must be
given to the applicant for an exemption containing:

   (a)  the terms of the decision; and

   (b)  a statement to the effect that, subject to the Administrative Appeals 
        Tribunal Act 1975 , application may be made to the Administrative
        Appeals Tribunal for review of the decision.

"(4) A notice under subsection (3), must be given within 28 days of the
Minister making a decision.

"(5) Failure to include in a notice under subsection (3) a statement of the
kind mentioned in paragraph (3) (b) does not affect the validity of the
Minister's decision. Defence in proceedings for offences

"59H. (1) In any proceedings for an offence against section 59B, 59C or 59D,
it is a defence if the master or owner (as the case may be) proves that the
regulated ship navigated in the compulsory pilotage area because of stress of
weather or other unavoidable cause.

"(2) In any proceedings against the owner of a regulated ship for an offence
against section 59B, 59C or 59D, it is a defence if the owner proves that the
owner:

   (a)  did not aid, abet, counsel or procure; or

   (b)  was not in any way, directly or indirectly, knowingly concerned in, or
        a party to; the navigation of the ship in the compulsory pilotage area
        without a pilot.

"(3) Any defence established under subsection (1) or (2) need only be
established on the balance of probabilities. Prosecution of offences

"59I. (1) An offence against section 59B, 59C or 59D is an indictable offence.

"(2) Even though an offence against section 59B, 59C or 59D is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of those offences if:

   (a)  the court is satisfied that it is proper to do so; and

   (b)  the defendant and the prosecutor consent.

"(3) If, in accordance with subsection (2), a court of summary jurisdiction
convicts a person of an offence against section 59B, 59C or 59D, the court may
impose a penalty:

   (a)  in the case of an individual, not exceeding $10,000; and

   (b)  in the case of a body corporate, not exceeding $50,000. Time for
        commencing prosecutions

"59J. A prosecution for an offence against section 59B, 59C or 59D may be
commenced within 3 years of the commission of the offence. Service of summons
or process

"59K. (1) Service of any summons or process in any legal proceedings under
this Part on the owner or the owners of a regulated ship may be effected:

   (a)  by serving it personally on the owner or on all or any of the owners,
        as the case may be; or

   (b)  if an owner who is to be served is a body corporate - on a director,
        secretary or other officer of the body corporate; or

   (c)  by serving it personally on an agent of the owner of the regulated
        ship; or

   (d)  if an agent who is to be served is a body corporate - on a director,
        secretary or other officer of the body corporate; or

   (e)  by serving it on the master of the regulated ship.

"(2) Where there is more than one owner of a regulated ship, service on any of
the owners is taken to be, for the purposes of this Act, service on all of the
owners.

"(3) Service of any summons or process in any legal proceedings under this
Part on a master of a regulated ship may be effected by serving it personally
on the master.

"(4) If for any reason (including the absence of the master from the regulated
ship) it is not practicable to serve the summons or process on the master
personally, service may be effected by delivering it to any person on board
the regulated ship who appears to be an officer of the regulated ship.

"(5) If it is not reasonably practicable to serve a summons or process in
accordance with the preceding provisions, the summons or process is taken to
have been served on the person or persons to whom it is issued if the contents
are transmitted to the regulated ship concerned by any means and receipt of
the transmission is acknowledged by a person on board the regulated ship.
Powers of inspector - compulsory pilotage area

"59L. (1) If an inspector has reasonable grounds for suspecting that a vessel
is a regulated ship that has navigated in the compulsory pilotage area without
a pilot, an inspector may stop the vessel to:

   (a)  search the vessel for the purpose of ascertaining whether the vessel
        has a pilot on board; and

   (b)  search the vessel for anything that will afford evidence of the
        commission of an offence against this Part.

"(2) An inspector may:

   (a)  require the master or owner of a vessel whom the inspector finds
        committing,or whom the inspector reasonably suspects of having
        committed, an offence against this Part, to provide the following
        information:

        (i)    the person's name and usual place of residence;

        (ii)   details as to the ownership and registration of the vessel; and

   (b)  require the master or owner of a vessel whom the inspector reasonably
        suspects of having committed an offence against this Part to produce a
        pilot's certificate in respect of navigation by that vessel in the
        compulsory pilotage area.

"(3) If an inspector (other than a uniformed member of a police force) stops
or proposes to search a vessel, the inspector must:

   (a)  in the case of a member of a police force, produce for inspection by
        the person in charge of the vessel, written evidence of the fact that
        the inspector is a member of a police force; or

   (b)  in any other case, produce the inspector's identity card for
        inspection by the person.

"(4) If an inspector (other than a uniformed member of a police force) fails
to produce the documentation referred to in subsection (3) as required by that
subsection, the inspector is not authorised to search that vessel.

"(5) If an inspector (other than a uniformed member of a police force) makes a
requirement of a person under subsection (2), the inspector must:

   (a)  in the case of a member of a police force, produce for inspection by
        the person in charge of the vessel, written evidence of the fact that
        the inspector is a member of a police force; or

   (b)  in any other case, produce the inspector's identity card for
        inspection by the person.

"(6) If an inspector (other than a uniformed member of a police force) fails
to produce the documentation referred to in subsection (5) in the
circumstances referred to in that subsection, a person is not obliged to
comply with a requirement made under subsection (2).

"(7) A person who, without reasonable excuse, fails to comply with a
requirement made of the person under subsection (2), is guilty of an offence
punishable upon conviction by a fine not exceeding $1,000. Limitation on
exercise of powers - location

"59M. (1) A power conferred on an inspector under subsections 59L (1) and (2)
may be exercised only:

   (a)  in a port; or

   (b)  subject to this section, within the compulsory pilotage area.

"(2) An inspector may exercise a power conferred on the inspector under
subsections 59L (1) and (2) in respect of a vessel outside the compulsory
pilotage area if:

   (a)  if the inspector concerned is not a member of a police force - the
        inspector believes on reasonable grounds that it is not reasonably
        practicable for an inspector who is a member of a police force to
        exercise the power; and

   (b)  one or more inspectors (whether or not including the inspector
        exercising the power) have pursued the vessel from a place within the
        compulsory pilotage area to a place outside the area; and

   (c)  the pursuit was not terminated or substantially interrupted at any
        time before the inspector concerned arrived at that place outside the
        area with a view to exercising that power.

"(3) For the purposes of subsection (2), a pursuit of a vessel is not taken to
be terminated or substantially interrupted only because the inspector or
inspectors concerned lose sight of the vessel.

"(4) A reference in subsection (3) to losing sight of a vessel includes a
reference to losing output from a radar or other sensing device.".