HARBORS AND NAVIGATION ACT 1993 - SECT 91
HARBORS AND NAVIGATION ACT 1993 - SECT 91
91—Regulations and fee notices
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting
the generality of subsection (1), those regulations may make provision
for or relating to—
(a)
exemptions (conditional or unconditional) from specified provisions of this
Act; and
(b) fees
and charges in respect of any matter under this Act and their payment,
recovery or waiver; and
(c)
fines, not exceeding $5 000, for offences against the regulations; and
(d)
expiation fees for alleged offences against the regulations; and
(e)
facilitation of proof of the commission of offences against the regulations.
(3) The regulations
may—
(a) be
of general application or vary in their application according to prescribed
factors;
(b)
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Minister, the CE or other
specified person or body;
(c) make
provisions of a saving or transitional nature consequent upon—
(i)
the enactment of, or amendments to, the
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the
Commonwealth or the Marine Safety (Domestic Commercial Vessel) National Law ;
(ii)
the making of, or variations to, the regulations made
under the
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the
Commonwealth or the Marine Safety (Domestic Commercial Vessel) National Law .
(4) The regulations
may refer to or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed body, either as in force at the time the regulations are made or as
in force from time to time.
(5) If a code,
standard or other document is referred to or incorporated in the
regulations—
(a) a
copy of the code, standard or other document must be kept available for public
inspection, without charge and during ordinary office hours, at an office or
offices specified in the regulations; and
(b)
evidence of the contents of the code, standard or other document may be given
in any legal proceedings by production of a document apparently certified by
the Minister to be a true copy of the code, standard or other document.
(6) The Minister may
prescribe fees for the purposes of this Act by fee notice under the
Legislation (Fees) Act 2019 .