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MARINE SAFETY ACT 1998

- As at 7 July 2017
- 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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