Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MARINE SAFETY (DOMESTIC COMMERCIAL
VESSEL NATIONAL LAW APPLICATION) BILL
2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purpose of Act
4. Interpretation
PART 2 - THE APPLIED PROVISIONS
5. Application of Commonwealth laws as laws of this State
6. Interpretation of Commonwealth domestic commercial vessel
national law
PART 3 - FUNCTIONS AND POWERS UNDER APPLIED
PROVISIONS
7. Functions and powers of National Regulator and other
authorities and officers
8. Delegations by the National Regulator
PART 4 - OFFENCES
9. Object of this Part
10. Application of Commonwealth criminal laws to offences against
applied provisions
[Bill 3]-I
11. Functions and powers conferred on Commonwealth officers and
authorities relating to offences
12. No double jeopardy for offences against applied provisions
PART 5 - ADMINISTRATIVE LAWS
13. Application of Commonwealth administrative laws to applied
provisions
14. Functions and powers conferred on Commonwealth officers and
authorities
PART 6 - FEES AND FINES
15. Fees payable to officers or employees of State acting as
delegates
16. Infringement notice fines
17. Fines, fees, &c., not otherwise payable to State
PART 7 - MISCELLANEOUS
18. Things done for multiple purposes
19. Reference in Commonwealth law to a provision of another law
20. Regulations of this State
21. Administration of Act
2
MARINE SAFETY (DOMESTIC COMMERCIAL
VESSEL NATIONAL LAW APPLICATION) BILL
2013
(Brought in by the Minister for Infrastructure, the Honourable
David James O'Byrne)
A BILL FOR
An Act to apply as a law of this State a national law
relating to domestic commercial vessels and for other
purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Marine Safety
(Domestic Commercial Vessel National Law
Application) Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Purpose of Act
(1) The purpose of this Act is to adopt in this State a
national approach to the regulation of marine
[Bill 3] 3
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 4 Part 1 - Preliminary
safety in relation to domestic commercial vessels
(the domestic commercial vessel national law).
(2) Accordingly, this Act -
(a) applies the Commonwealth domestic
commercial vessel national law as a law
of this State; and
(b) makes provision to enable the
Commonwealth domestic commercial
vessel national law and the applied law
of this State to be administered on a
uniform basis by the Commonwealth
(and by State officials as delegates of the
Commonwealth) as if they constituted a
single law of the Commonwealth.
4. Interpretation
(1) In this Act -
applied provisions means the Commonwealth
domestic commercial vessel national law
that applies as a law of this State because
of section 5;
Commonwealth administrative laws means
the following Commonwealth Acts,
regulations or other legislative
instruments:
(a) the Administrative Appeals
Tribunal Act 1975 (excluding
Part IVA);
4
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 1 - Preliminary s. 4
(b) the Freedom of Information Act
1982;
(c) the Ombudsman Act 1976;
(d) the Privacy Act 1988;
(e) the regulations and other
legislative instruments in force
under any of those Acts;
Commonwealth domestic commercial vessel
national law means the following
Commonwealth provisions of Acts,
regulations or other legislative
instruments:
(a) the Marine Safety (Domestic
Commercial Vessel) National
Law of the Commonwealth
(being the provisions applying as
a law of the Commonwealth
because of section 4 of the
Marine Safety (Domestic
Commercial Vessel) National
Law Act 2012 of the
Commonwealth);
(b) the regulations and other
legislative instruments in force
under that Law;
(c) any other provisions of a
Commonwealth Act (or of a
regulation or other legislative
instrument in force under a
5
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 4 Part 1 - Preliminary
Commonwealth Act) that is of a
savings or transitional nature
consequent on the enactment or
amendment of that Law;
function includes a duty.
(2) Terms used in this Act and also in the
Commonwealth domestic commercial vessel
national law have the same meanings in this Act
as they have in that law.
(3) In this Act, a reference to a Commonwealth Act
includes a reference to -
(a) that Commonwealth Act, as amended
and in force for the time being; and
(b) an Act enacted in substitution for that
Act and, if it is amended, as amended
and in force for the time being.
6
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 2 - The Applied Provisions s. 5
PART 2 - THE APPLIED PROVISIONS
5. Application of Commonwealth laws as laws of this
State
(1) The Commonwealth domestic commercial vessel
national law, as in force from time to time,
applies as a law of this State.
(2) The Commonwealth domestic commercial vessel
national law so applies as if it extended to
matters in relation to which this State may make
laws -
(a) whether or not the Commonwealth may
make laws in relation to those matters;
and
(b) even though the Commonwealth
domestic commercial vessel national law
provides that it applies only to specified
matters with respect to which the
Commonwealth may make laws.
(3) Subsection (2) does not operate to exclude a law
of this State relating to marine safety that would
not otherwise be excluded by the
Commonwealth domestic commercial vessel
national law.
(4) The regulations made under this Act may
provide that the Commonwealth domestic
commercial vessel national law applies under
this section as if an amendment to that law -
7
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 6 Part 2 - The Applied Provisions
(a) made by a law of the Commonwealth;
and
(b) specified in the regulations made under
this Act -
had not taken effect.
6. Interpretation of Commonwealth domestic
commercial vessel national law
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies as a law of this State in
relation to the interpretation of the applied
provisions, and so applies as if the applied
provisions were a Commonwealth Act or were
regulations or other legislative instruments under
a Commonwealth Act, as the case requires.
(2) The Acts Interpretation Act 1931 does not apply
to the applied provisions.
8
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 3 - Functions and Powers Under Applied Provisions s. 7
PART 3 - FUNCTIONS AND POWERS UNDER
APPLIED PROVISIONS
7. Functions and powers of National Regulator and
other authorities and officers
The National Regulator and other authorities and
officers referred to in the applied provisions
have the same functions and powers under the
applied provisions as they have under the
Commonwealth domestic commercial vessel
national law, as that law applies to the
Commonwealth.
8. Delegations by the National Regulator
Any delegation by the National Regulator under
the Commonwealth domestic commercial vessel
national law, as that law applies to the
Commonwealth, is taken to extend to, and have
effect for the purposes of, the corresponding
provision of the applied provisions.
9
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 9 Part 4 - Offences
PART 4 - OFFENCES
9. Object of this Part
(1) The object of this Part is to further the object of
this Act by providing for an offence against the
applied provisions to be treated as if it were an
offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be
treated as mentioned in subsection (1) include,
for example (but are not limited to) -
(a) the investigation and prosecution of
offences; and
(b) the arrest, custody, bail, trial and
conviction of offenders or persons
charged with offences; and
(c) proceedings relating to a matter referred
to in paragraph (a) or (b); and
(d) appeals and reviews relating to criminal
proceedings and to proceedings of the
kind referred to in paragraph (c); and
(e) the sentencing, punishment and release
of persons convicted of offences; and
(f) fines, penalties and forfeitures; and
(g) infringement notices in connection with
offences; and
10
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 4 - Offences s. 10
(h) liability to make reparation in connection
with offences; and
(i) proceeds of crime; and
(j) spent convictions.
(3) For the purposes of this Part, offences include
contraventions for which a civil penalty may be
imposed.
10. Application of Commonwealth criminal laws to
offences against applied provisions
(1) The relevant Commonwealth laws apply as laws
of this State in relation to an offence against the
applied provisions as if those provisions were a
law of the Commonwealth and not a law of this
State.
(2) For the purposes of a law of this State, an
offence against the applied provisions -
(a) is taken to be an offence against the laws
of the Commonwealth, in the same way
as if those provisions were a law of the
Commonwealth; and
(b) is taken not to be an offence against the
laws of this State.
(3) Subsection (2) has effect for the purposes of a
law of this state except as provided by the
regulations made under this Act.
11
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 11 Part 4 - Offences
11. Functions and powers conferred on Commonwealth
officers and authorities relating to offences
(1) A Commonwealth law applying because of
section 10 that confers on a Commonwealth
officer or authority a function or power in
relation to an offence against the Commonwealth
domestic commercial vessel national law also
confers on the officer or authority the same
function or power in relation to an offence
against the corresponding provision of the
applied provisions.
(2) In performing a function or exercising a power
conferred by this section, the Commonwealth
officer or authority must act as nearly as
practicable as the officer or authority would act
in performing or exercising the same function or
power in relation to an offence against the
corresponding provision of the Commonwealth
domestic commercial vessel national law.
12. No double jeopardy for offences against applied
provisions
If -
(a) an act or omission is an offence against
both the applied provisions and an
offence against the Commonwealth
domestic commercial vessel national
law; and
(b) the offender has been punished for that
offence under the Commonwealth
12
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 4 - Offences s. 12
domestic commercial vessel national
law -
the offender is not liable to be punished for the
offence under the applied provisions.
13
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 13 Part 5 - Administrative Laws
PART 5 - ADMINISTRATIVE LAWS
13. Application of Commonwealth administrative laws
to applied provisions
(1) The Commonwealth administrative laws apply
as laws of this State to any matter arising in
relation to the applied provisions as if those
provisions were a law of the Commonwealth and
not a law of this State.
(2) For the purposes of a law of this State, a matter
arising in relation to the applied provisions -
(a) is taken to be a matter arising in relation
to laws of the Commonwealth in the
same way as if those provisions were a
law of the Commonwealth; and
(b) is taken not to be a matter arising in
relation to laws of this State.
(3) Subsection (2) has effect for the purposes of a
law of this State except as provided by the
regulations made under this Act.
(4) Any provision of a Commonwealth
administrative law applying because of this
section that purports to confer jurisdiction on a
federal court is taken not to have that effect.
(5) For the purposes of this section, a reference in a
provision of the Administrative Appeals Tribunal
Act 1975 of the Commonwealth (as that
provision applies as a law of this jurisdiction) to
14
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 5 - Administrative Laws s. 14
the whole or any part of Part IVA of that Act is
taken to be a reference to the whole or any part
of that Part as it has effect as a law of the
Commonwealth.
14. Functions and powers conferred on Commonwealth
officers and authorities
(1) A Commonwealth administrative law applying
because of section 13 that confers on a
Commonwealth officer or authority a function or
power also confers on the officer or authority the
same function or power in relation to a matter
arising in relation to the applied provisions.
(2) In performing a function or exercising a power
conferred by this section, the Commonwealth
officer or authority must act as nearly as
practicable as the officer or authority would act
in performing or exercising the same function or
power under the Commonwealth administrative
law.
15
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 15 Part 6 - Fees and Fines
PART 6 - FEES AND FINES
15. Fees payable to officers or employees of State acting
as delegates
(1) Regulations may be made under this Act for or
with respect to fees payable to this State in
relation to anything done under the
Commonwealth domestic commercial vessel
national law (as that law applies as a law of the
Commonwealth), or under the applied
provisions, by a delegate of the National
Regulator, or an accredited person, who is an
officer or employee of this State or an agency of
this State.
(2) The regulations may rescind a provision of any
regulations or by-laws made under the Marine
and Safety Authority Act 1997 relating to fees
and charges that may be imposed by the Marine
and Safety Authority of Tasmania under that
Act.
(3) The delegate of the National Regulator may
charge for services rendered in the exercise of a
delegated function in accordance with the fees
and charges fixed by regulations and by-laws
made under the Marine and Safety Authority Act
1997 and in force before the regulations referred
to in subsection (1) take effect for equivalent
services provided by Authority.
(4) In subsection (3) -
16
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 6 - Fees and Fines s. 16
Authority means the Marine and Safety
Authority established under the Marine
and Safety Authority Act 1997.
16. Infringement notice fines
(1) Any amount paid to this State by the National
Regulator under section 10 of the Marine Safety
(Domestic Commercial Vessel) National Law
Act 2012 of the Commonwealth in relation to an
infringement notice is (subject to any refund
payment under section 10(2) of that Act) payable
into the Consolidated Fund.
(2) Any amount payable by this State under section
10(2) of the Marine Safety (Domestic
Commercial Vessel) National Law Act 2012 of
the Commonwealth is payable out of the
Consolidated Fund.
17. Fines, fees, &c., not otherwise payable to State
(1) All fees, penalties, fines and other money that,
under the applied provisions, are authorised or
directed to be payable by or imposed on any
person (but not including an amount ordered to
be refunded to another person) must be paid to
the Commonwealth.
(2) Subsection (1) does not apply to any fees
referred to in section 15.
17
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
s. 18 Part 7 - Miscellaneous
PART 7 - MISCELLANEOUS
18. Things done for multiple purposes
The validity of a licence, certificate or other
thing issued, given or done for the purposes of
the applied provisions is not affected only
because it was issued, given or done also for the
purposes of the Commonwealth domestic
commercial vessel national law.
19. Reference in Commonwealth law to a provision of
another law
For the purposes of sections 10 and 13, a
reference in a Commonwealth law to a provision
of that or another Commonwealth law is taken to
be a reference to that provision as applying
because of those sections.
20. Regulations of this State
The Governor may make regulations for the
purposes of this Act.
21. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Infrastructure; and
18
Marine Safety (Domestic Commercial Vessel National Law
Application) Act 2013
Act No. of
Part 7 - Miscellaneous s. 21
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
Government Printer, Tasmania 19