MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 103 Definitions
MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 103
Definitions(1) In this Chapter—
"appeal period", in relation to a conviction or an impoundment or immobilisation order or a forfeiture order, means the period ending—
(a) if the period provided for the lodging of an appeal against the conviction or order has ended without such an appeal having been lodged, at the end of that period; or
(b) if an appeal against the conviction or order has been lodged, when the appeal is abandoned or finally determined;
authorised person means a person authorised by a member of the police force under section 109;
"conviction", in relation to a relevant offence, includes a finding of guilt of the relevant offence without the recording of a conviction;
"designated costs" means the cost of impounding or immobilising a recreational vessel under Part 4.2 including, where relevant, the cost of—
(a) moving the recreational vessel to a holding yard or place where the recreational vessel is to be immobilised; and
(b) storing the recreational vessel at the holding yard or place where the recreational vessel is immobilised; and
(c) releasing the recreational vessel from the holding yard or from immobilisation—
and includes any additional costs incurred if the recreational vessel is impounded or immobilised for longer than the designated period or the period specified under an impoundment or immobilisation order;
"designated period", in relation to a recreational vessel, means the period of 48 hours beginning with the seizure or surrender of the recreational vessel under section 106 or 107, but if the period expires outside of normal business hours, the period extends to 9.00 a.m. on the next business day, being a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
"disposal order "means an order made by a court under section 150;
"embargo notice" means a notice under section 154;
"forfeiture order" means an order made by a court under section 119 ;
"holding yard" means a place used for the storage of recreational vessels impounded under Part 4.2;
"impoundment or immobilisation order" means an order made by a court under section 118;
"landing place" includes the following—
(a) an intersection between land and water at which it is reasonably safe to land a vessel;
(b) a place intended for the landing or berthing of vessels, including, but not limited to, a wharf, boat ramp, marina, pier or jetty;
"member of police personnel" has the same meaning as in the Police Regulation Act 1958 ;
"prohibition direction "means a direction to a person under section 155;
"public place" includes, but is not limited to—
(a) any public place within the meaning of public place in the Summary Offences Act 1966 ;
(b) State waters;
"relevant court", in relation to an application made under Part 4.2, means—
(a) the court with jurisdiction to hear and determine the relevant offence to which the application relates;
(b) if an application is made after the sentencing of the master for a relevant offence, the Magistrates' Court;
"relevant offence" means an offence against section 87;
"safe landing place" means a landing place at which it is safe to immobilise the relevant vessel for the balance of the designated period, taking into account the weather conditions and facilities available during the designated period;
"search and seizure warrant" means a warrant issued under section 135(1);
"senior police officer" means a member of the police force of or above the rank of Inspector.
(2) For the purposes of an application for an impoundment or immobilisation order or a forfeiture order under Part 4.2, charges for more than one relevant offence arising out of the same single set of circumstances are to be treated as a charge for one relevant offence.
(3) For the purposes of subsection (2), a single set of circumstances is constituted by one continuous period during which a person continues to operate or be the master of a recreational vessel.
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