MARINE SAFETY ACT 1998 - As at 14 July 2023 - 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)

Division 4 - (Repealed)

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