South Australian Current Acts

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PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) ACT 1987 - SECT 41

41—Regulations

        (1)         The Governor may make regulations prescribing matters—

            (a)         required or permitted by this Act to be prescribed; or

            (b)         necessary or convenient to be prescribed for carrying out or giving effect to this Act,

and, in particular—

            (c)         for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and

            (d)         empowering the Minister to make orders for and in relation to—

                  (i)         giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and

                  (ii)         the fixing of fees to be paid in respect of any matters under the orders; and

            (e)         fixing fees to be paid in respect of any matters under this Act; and

            (f)         prescribing penalties, not exceeding—

                  (i)         in the case of an individual—a fine of $8 000 or imprisonment for one year; or

                  (ii)         in the case of a body corporate—a fine of $20 000,

for a contravention of, or failure to comply with, a provision of the regulations or of any of the orders made in pursuance of the regulations; and

            (g)         so as to apply—

                  (i)         generally or in a particular class of case or in particular classes of case; and

                  (ii)         throughout the State and all State waters or in a prescribed part or prescribed parts of the State or State waters; and

            (h)         exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations.

        (2)         If the Convention is amended, other than by an amendment objected to by Australia, the Governor may by regulations—

            (a)         amend Schedule 1, Schedule 2, Schedule 3 or Schedule 4; or

            (b)         add a further Schedule or Schedules,

in order that the Schedules may contain relevant parts of the Convention as in force from time to time.



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