Western Australian Current Regulations Western Australian Current Regulations (1) Subject to
subregulation (2), the master or person in charge of a vessel approaching
a place or another vessel displaying International Code Flag “A”
or, during the hours of darkness, the appropriate signal
must —
(a) keep
his vessel at least 50 m clear of that place or vessel; or
(b)
where it is not possible to keep 50 m clear of that place or
vessel —
(i)
proceed at the slowest speed at which his vessel can be
safely navigated; and
(ii)
maintain a proper lookout for persons in the water,
whilst passing within
50 m of the place or vessel displaying the flag or the appropriate signal.
Penalty: a fine of $1 000.
(2) Notwithstanding
subregulation (1) —
(a) an
officer of the Department; or
(b) an
officer of a department principally assisting a Minister to whom the
administration of the Conservation and Land Management Act 1984 , the
Fish Resources Management Act 1994 or the Biodiversity Conservation
Act 2016 is committed in the administration of that Act; or
(c) a
police officer, or an Aboriginal police liaison officer appointed under the
Police Act 1892 section 38B(1),
who is the master or
person in charge of a vessel may, in the course of his or her duties, approach
a place or another vessel displaying the International Code Flag
“A” or, during the hours of darkness, the appropriate signal.
(3) The master or
person in charge of a vessel under subregulation (2) must, while within
50 m of the vessel or place —
(a)
proceed at a safe speed; and
(b)
maintain a proper lookout for persons in the water.
(4A) The master or
person in charge of a vessel in the vicinity of a place or another vessel
displaying International Code Flag “A” or, during the hours of
darkness, the appropriate signal, but at least 50 m clear of that place or
vessel, must, while in such a position —
(a)
proceed at a safe speed; and
(b)
maintain a proper lookout for persons in the water.
Penalty: a fine of $1 000.
(4B) For the purposes
of subregulation (4A), a vessel is in the vicinity as described in
subregulation (4A) if the flag or signal is or would be visible to a
person on the vessel maintaining a proper lookout.
(4) In this
regulation —
appropriate signal means, as the case
requires —
(a) the
3 all round lights referred to in regulation 19C(3); or
(b) the
yellow or orange flashing light referred to in regulation 19D(1)(b).
[Regulation 19E inserted: Gazette
22 Dec 1972 p. 4778; amended: Gazette 24 Jul 1987
p. 2830; 16 Oct 1987 p. 3893; 2 Nov 1990
p. 5470; 24 Apr 1998 p. 2161; 11 Mar 2003
p. 754‑5; 13 Mar 2009 p. 762; 17 Nov 2009
p. 4629; 14 Sep 2018 p. 3316.]