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MARINE SAFETY ACT 1998
- As at 14 July 2023
- Act 121 of 1998
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Meaning of "vessel"
6. Meaning of vessel "connected with this State"
7. Meaning of "owner" of vessel
8. Vessels and waters to which Act applies
9. Act does not apply to defence vessels
PART 1A - APPLICATION OF COMMONWEALTH DOMESTIC COMMERCIAL VESSEL NATIONAL LAW
Division 1 - Preliminary
9A. Purpose of Part
9B. Definitions
Division 2 - The applied provisions
9C. Application of Commonwealth laws as laws of this State
9D. Interpretation of Commonwealth domestic commercial vessel national law
Division 3 - Functions and powers under applied provisions
9E. Functions and powers of National Regulator and other authorities and officers
9F. Delegations by the National Regulator
Division 4 - Offences
9G. Object of this Division
9H. Application of Commonwealth criminal laws to offences against applied provisions
9I. Functions and powers conferred on Commonwealth officers and authorities relating to offences
9J. No double jeopardy for offences against applied provisions
Division 5 - Administrative laws
9K. Application of Commonwealth administrative laws to applied provisions
9L. Functions and powers conferred on Commonwealth officers and authorities
Division 6 - Fees and fines
9M. Fees payable to officers or employees of State acting as delegates
9N. Infringement notice fines
9O. Fines, fees etc not otherwise payable to State
Division 7 - Miscellaneous
9P. Things done for multiple purposes
9Q. Reference in Commonwealth law to a provision of another law
9R. Regulations of this State
PART 2 - SAFETY OF NAVIGATION
Division 1 - General provisions
10. Regulations for prevention of collisions at sea or in other navigable waters
11. Speed limits, wash limits and other restrictions on operation of vessels in navigable waters
12. Restrictions on vessels and people in navigable waters during special events
13. Reckless, dangerous or negligent navigation and other acts
13A. Operating vessel in a menacing manner
14. Unreasonable interference by operation or use of vessel
15. Protection of navigation aids
15A. Power to give directions relating to safety on navigable waters
16. Removal of obstructions in navigable waters
17. Minister's approval required for aquaculture leases over navigable waters
18. Regulation of organised aquatic activities in navigable waters
19. Regulations relating to safety of navigation
Division 2 - Seizure, impoundment or forfeiture of recreational vessels
19A. Seizure of vessels
19B. Production notices
19C. Powers and duties relating to seizure of recreational vessels
19D. Removal, impounding and production of vessel
19E. Failure to comply with production notice
19F. Forfeiture of vessel
19G. Commutation of forfeiture
19H. Interested persons to be notified
19I. Retention of vessel impounded under this Division
19J. Early release of vessel on application to Local Court
19K. Release of impounded vessel
19L. Safe keeping of vessels
19M. Disposal of vessels
19N. Protection from liability with respect to impounding and other matters
19O. Failure to prosecute
19P. Search warrants
19Q. Appeal against decisions
19R. Procedure on notice of appeal
19S. Procedure on appeal
19T. Regulations may make provision for appeals and original applications
19U. References to vessels include trailers
PART 3 - BOATING SAFETY--ALCOHOL AND OTHER DRUG USE
Division 1 - Interpretation
20. Definitions
21. Application of Part and Schedule 1
22. Prescribed concentrations of alcohol
23. Measurement of alcohol concentrations
Division 2 - Offences involving alcohol or other drugs
24. Presence of prescribed concentration of alcohol in person's breath or blood
25. Presence of certain drugs (other than alcohol) in oral fluid, blood or urine
26. Operating vessel under influence of alcohol or other drug
27, 28.
Division 3 - Related matters
28A. Cancellation and suspension of marine safety licences
28B. Application of section 10 of Crimes (Sentencing Procedure) Act 1999
28C. Random breath testing and other matters related to alcohol and drug use
PART 4 - MARINE SAFETY LICENCES
Division 1 - General
29. Types of marine safety licences
Division 2 - Grant of marine safety licences and related matters
30. Grant of licences
31. Conditions of licences
32. Offence to contravene conditions of licence
33. Duration of licence
34. (Repealed)
35. Offences relating to licences
36. Special provision relating to marine pilot's licence, marine pilotage exemption certificate and certificate of local knowledge
37. Regulations relating to licences
Division 3 - Suspension or cancellation of marine safety licences
38. Suspension or cancellation of licences or disqualification of persons from holding licences
39. Cancellation and suspension of licences by court in connection with offence
40. Return of suspended or cancelled licence
Division 4 - Administrative review by Civil and Administrative Tribunal
41. Definition
42. Application for administrative review
43. Failure to make decision
PART 5 - REQUIREMENTS FOR VESSELS
Division 1 - Unsafe vessels
44. Definition of "unsafe vessel"
45. Person not to operate unsafe vessel
46. Repair and disposal of unsafe vessels
47, 48. (Repealed)
Division 2 - Vessel registration
49. Vessels requiring State registration
50. Vessels exempt from registration
51. Offence to enter or operate unregistered vessel in State waters
52. Additional grounds for refusal, suspension or cancellation of registration
Division 3 - (Repealed)
None
Division 4 - (Repealed)
None
Division 5 - Boat driving licences for power-driven recreational vessels
62. Vessels to which Division applies
63. Offence to operate recreational vessel without appropriate boat driving licence
63A. Offences committed by disqualified holders of boat driving licences
64. Exemption from requirement to hold boat driving licence
Division 6 - Miscellaneous provisions relating to vessels
65. Recognised marine safety licences
66. Mutual recognition of marine safety licences
67. Regulation of marine safety equipment or facilities
68. Regulation of design and construction of recreational vessels
68A. Regulations relating to builders plates for vessels
69. Regulation of passengers
70. Vessel identification etc
PART 6 - PILOTAGE
Division 1 - Preliminary
71. Definitions
Division 2 - Prohibition against unauthorised marine pilots
72. Marine pilots in any port to be licensed
73. Marine pilots in pilotage ports to be provided by pilotage service provider
Division 3 - Pilotage
74. Pilotage compulsory in pilotage ports
75. Vessels exempted from compulsory pilotage
76. Deferment of pilotage generally
77. Deferment of pilotage for safety reasons
78. Duties of master in connection with pilotage
79. Liability of master and owner of vessel under pilotage
80. Immunity of State, marine pilots, pilotage service provider and others
81. Offence for marine pilot to endanger vessel
81A. Marine pilot to notify certain matters to harbour master
82. Provisions to apply when vessel under pilotage at request of owner
83. Regulations
PART 7 - HARBOUR MASTERS
84. Definition of "port"
85. Appointment of harbour masters
86. Appointment of persons to exercise functions of harbour masters
87. General functions of harbour master
88. General powers of harbour master in relation to vessels
89. Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port
90. Harbour master may carry out direction
91. Offence for failing to comply with direction, or obstructing, harbour master
91A. Directions of harbour master acting as marine pilot
91B. Information to be provided to harbour master on request
92. Identity cards
93. Protection from liability
PART 8 - COMPLIANCE AND INVESTIGATION
Division 1 - Preliminary
94. Definitions
95. Application
96. Appointment of authorised officers (other than harbour masters and police officers)
97. Identity cards for authorised officers
97A. Obstruction or assault of authorised officers and others
Division 2 - Duties of masters and owners in case of marine accidents
98. Requirements of masters in case of accident involving vessels
98A. Requirements of masters of recreational vessels to render assistance
99. Duty to report marine accidents to Minister
100. Marine accident particulars
101. Preservation of evidence
102. Offence
Division 3 - Investigation of marine accidents and other marine safety matters
103. Ordering of investigations
104. Principal purposes of investigation
105. Appointment of investigator
106. Powers of investigator
107. Conduct of investigations
108. Report to Minister of investigation
109. Obligations of persons who receive draft reports or recommendations
110. Suspension of marine safety licence pending investigation
111. Action by Minister following report of investigation
112. Public release of report
113. Protection from liability
Division 4 - Investigative powers of authorised officers
114. Application of Division
115. Power to stop and board vessels
116. Other powers of entry
117. General investigative powers
118. Detention of vessel for purposes of investigation
119. Production of marine safety licences
120. Identification of person suspected of committing offence
121. Identification of owner and master of vessel
122. Power to require persons to attend to answer questions or produce documents or other things
123. Limitation on self-incrimination
124. General provisions relating to functions under this Division
125. Offences
Division 5 - Regulation of public ferry wharves
125A. Public ferry wharves
125B. Inspections of public ferry wharves
125C. Improvement notices
125D. Failure to comply with improvement notice
125E. Prohibition notices
125F. Notices may include directions
125G. Review of notices by Minister
125H. Application to Civil and Administrative Tribunal for stay of prohibition notice
125I. Administrative review by Civil and Administrative Tribunal
125J. Withdrawal and revocation of notices
125K. Proceedings for offences not affected by notices
125L. Certificates relating to public ferry wharves
125M. Regulations relating to public ferry wharves
PART 9 - LEGAL PROCEEDINGS
126. Penalty notices
126A. Camera recorded offences
127. Offences
128. Time within which proceedings may be commenced
129. Persons who may bring proceedings
130. Offences by corporations
131. Proof of lawful or reasonable excuse
132. Act presumed to apply to vessels
133. Proof of certain matters not required
134. Service of instruments (except in proceedings for offences)
135. Service of court attendance notice and other process in legal proceedings
135A. Suspension or cancellation of licences by court in connection with offence
PART 10 - MISCELLANEOUS
136. Act binds Crown
136A. Reliance on advice
137. Regulations
138. Adoption of codes, standards, treaties and other documents
139. Exemptions
140. (Repealed)
141. Repeals
142. Amendment of other Acts
143. Savings, transitional and other provisions
144. Review of Act
SCHEDULE 1
SCHEDULE 1A
Schedule 3 (Repealed)
SCHEDULE 4
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