Western Australian Current Regulations Western Australian Current Regulations (1) The ABP standard
is prescribed for the purposes of section 59 of the Act as a product
information standard for vessels to which this regulation applies.
(2) This regulation
applies to all vessels other than the following vessels —
(a) a
vessel for which a certificate of survey has been issued or which is to be, or
has been, submitted for survey for the purposes of obtaining a certificate of
survey;
(b) a
vessel for which a permit under the Western Australian Marine Act 1982
section 26(2) has been issued;
(c) a
second‑hand vessel;
(d) a
vessel that was built for export from Australia;
(e) a
vessel that was imported into Australia from New Zealand;
(f) a
vessel that was built exclusively for racing in organised events;
(g) an
amphibious vehicle;
(h) a
canoe, kayak or surf ski or similar vessel designed to be powered by paddle;
(i)
a pedal powered boat;
(j) a
personal watercraft that is designed to carry no more than 2 persons;
(k) a
personal watercraft that is designed to carry 3 or more persons if it
complies with subregulation (4);
(l) a
rowing shell used for racing or training for racing;
(m) a
sailboard or sail kite or other similar vessel;
(n) a
surf row boat;
(o) a
hydrofoil or hovercraft;
(p) a
sailing vessel, being a vessel that has sail as the primary means of
propulsion, with or without an auxiliary means of mechanical propulsion;
(q) a
submersible;
(r) an
aquatic toy, being an object designed primarily for play in or on water, for
example —
(i)
an object designed solely to be towed behind a
recreational vessel; or
(ii)
an inflatable boat to which ISO 6185 Inflatable boats (as
in force on the day on which this Part came into operation) does not apply;
(s) an
inflatable boat —
(i)
to which ISO 6185 Inflatable boats (as in force on the
day on which this Part came into operation) applies; and
(ii)
which complies with subregulation (5);
(t) a
vessel that was partly constructed (as described in subregulation (6))
before this Part came into operation.
(3) The chief
executive officer (as defined in the Western Australian Marine Act 1982
section 3(1)) may, on application, exempt a particular vessel from the
application of this regulation if satisfied that —
(a) the
vessel complies with some other appropriate safety standard and, in the
circumstances of the case, it would be unreasonable for this regulation to
apply to the vessel; or
(b) the
vessel is of a type for which appropriate safety standards do not exist and
for which other safety standards cannot reasonably be adapted and, in the
circumstances of the case, it would be unreasonable for this regulation to
apply to the vessel; or
(c) the
vessel is of a type that closely resembles a vessel of a type that is not
covered by this regulation because of subregulation (2) and, in the
circumstances of the case, it would be unreasonable for this regulation to
apply to the vessel; or
(d) the
vessel is to be used for only a short period of time, its use is unlikely to
endanger the lives of its occupants or occupants of other vessels and, in the
circumstances of the case, it would be unreasonable for this regulation to
apply to the vessel.
(4) For the purposes
of subregulation (2)(k), a personal watercraft complies with this
subregulation if the following information is written on or attached to the
craft in a clearly visible place —
(a) the
total weight of persons and equipment that the vessel may carry (expressed in
kilograms), as recommended by the builder of the craft; and
(b) the
maximum number of persons the craft may carry, as recommended by the builder
of the craft.
(5) For the purposes
of subregulation (2)(s)(ii), an inflatable boat complies with this
subregulation if the boat has a plate attached to it in accordance
with —
(a)
European Directive 94/25/EC — Recreational Craft Directive (as in
force on the day on which this Part came into operation) that certifies that
the boat complies with the requirements of that Directive; or
(b) the
requirements of US National Marine Manufacturers Association set out in the
NMMA Certification Handbook (as in force on the day on which this Part came
into operation) that certifies that the boat complies with the requirements of
that Handbook.
(6) For the purposes
of subregulation (2)(t), a vessel is partly constructed if it has reached
which ever of the following stages of construction is relevant, or the earlier
if both are relevant —
(a) the
keel has been laid;
(b) the
vessel is identifiable as a vessel of a particular type and a part of the
vessel has been fabricated and assembled that has a mass of at least one
percent of the mass of all structural material of the proposed completed
vessel.
[Regulation 9 inserted: Gazette 1 Sep 2006
p. 3592-5.]