WESTERN AUSTRALIAN MARINE ACT 1982

Western Australian Consolidated Acts

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WESTERN AUSTRALIAN MARINE ACT 1982

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title
2. Commencement
3. Interpretation
4. Act not to apply to naval ships etc.
5. Application to Crown
6. Application to intra-state voyages etc.

PART II -- Survey, manning and operation of commercial vessels

Division 1 -- General

7. Operational areas and classification of vessels

Division 2 -- Examinations and certificates of competency

9. Issue of certificates of competency after examinations
10. Regulations in respect of examinations and certificates of competency
11. Constituting the State Administrative Tribunal

Division 3 -- Safety manning

12. Regulations in respect of safety manning
13. Penalty for acting when uncertificated or employing uncertificated person
14. Penalty for beginning a voyage under-manned
15. Manning Committee
16. Nomination of members by owner or agent
17. Decisions of Manning Committee
18. Representatives’ voting powers
19. Minister may vary determination
20. Manning Committee may obtain information

Division 4 -- Mercantile marine

21. Regulations in respect of mercantile marine matters
22. Disciplinary Appeal Tribunal

Division 5 -- Surveys and certificates of survey

23. Application of this Division
24. Power to appoint survey authorities
25. Regulations in respect of surveys and certificates of survey
26. Offence for ship to ply without certificate of survey
27. Penalty for failure to exhibit certificate in ship
28. Overloading

Division 6 -- Construction

29. Regulations in respect of the construction of vessels

Division 7 -- Crew accommodation

30. Regulations in respect of crew accommodation in vessels

Division 8 -- Load lines

31. Power to appoint authorities to assign freeboards, etc.
32. Regulations in respect of load lines
33. Penalty for not keeping vessel marked
34. Penalty for removal or alteration of load lines
35. Penalty for taking uncertified vessel to sea
36. Penalty for overloading

Division 9 -- Stability

37. Regulations in respect of stability

Division 10 -- Engineering

38. Regulations in respect of engineering

Division 11 -- Life saving appliances

39. Regulations in respect of life saving appliances
40. Offences as to life saving appliances

Division 12 -- Fire appliances

41. Regulations in respect of fire appliances
42. Offences as to fire appliances

Division 13 -- Radio equipment

43. Regulations in respect of radio equipment
44. Offences in respect of radio equipment

Division 14 -- Miscellaneous equipment

45. Interpretation
46. Regulations in respect of miscellaneous equipment
47. Offences in respect of official logbooks and vessel record books
48. Offences in respect of miscellaneous equipment

Division 15 -- Emergency procedures and safety of navigation

49. Regulations in respect of emergency procedures and safety of navigation
50. Obligation to render assistance
52. Duties of masters, mates, marine engineers, etc.

Division 16 -- Hire and drive vessels

53. Interpretation
54. Regulations in respect of hire and drive vessels
55. Penalty for unlawful hiring out of vessel
56. Penalty for fraudulently procuring use or hire

PART III -- Miscellaneous marine powers and duties

57. General powers to stop and search vessels
58. Power to inspect logs and muster crew
58A. Compensation in respect of false distress signals
58B. Offence to take unsafe ship to sea
59. Safe navigation
60. Penalty for unlawfully assuming control
61. Power to detain unsafe ships
62. Enforcing detention of ship
63. Power to order vessel to return to port
64. Duties in case of collision, casualty, etc.
65. Mooring licences
66. Closure of navigable waters
67. Limiting speed of vessels
68. Speed measuring equipment
69. Offences relating to hatches
70. Offence of being on board a ship unlawfully
71. Removal of vessels constituting hazards or obstructions
72. Offences in relation to disorderly persons on passenger ships
73. Offences in relation to interference with machinery or obstruction of crew
74. Penalty for refusing to give name and address etc.
75. Arrest of offenders on passenger ships

PART IV -- International Conventions

Division 1 -- General

76. Interpretation
77. Regulations under this Part
78. Regulations giving effect to Conventions: Discretion of Governor and Minister

Division 2 -- Prevention of Collisions Convention

79. Regulations giving effect to Prevention of Collisions Convention

Division 3 -- Container Convention

80. Regulations giving effect to Container Convention
81. Safety requirements and tests not required or permitted by the Container Convention not to be imposed

Division 4 -- Limitation Convention and limitation provisions

82. Interpretation
83. Application
84. Provisions of Limitation Convention having force of law
85. Limitation in relation to non-seagoing ferries
86. Application to determine liability
87. Regulations giving effect to Limitation Convention
88. Ship owner not to be liable in certain cases of loss of, or damage to, goods
89. Ship owner not entitled to limit liability in respect of claims by crew, etc.

Division 5 -- Safety Convention

90. Regulations giving effect to Safety Convention

PART V -- Carriage of dangerous goods

91. Restriction on carriage of dangerous goods
92. Penalty for misdescription of goods and sender
93. Powers of owner or master as to dangerous goods
94. Forfeiture of dangerous goods
95. Minister may prohibit carriage of cargo
96. Regulations as to dangerous goods
97. Explosives on passenger ships

PART VI -- Pleasure vessels

98. Interpretation
99. Regulations in respect of pleasure vessels

PART VII -- Investigations and inquiries

Division 1 -- General

100. Application

Division 2 -- Preliminary investigations and powers

101. Preliminary inquiries and reports
102. Powers of investigators and inspectors
103. Formal investigation by Court

Division 3 -- Courts of Marine Inquiry

104. Governor may establish Court of Marine Inquiry
105. Magistrates and assessors to sit
106. Assessors
107. Officers of Court of Marine Inquiry
108. Rules of Court

Division 4 -- The powers and duties of Courts of Marine Inquiry

109. Functions of Court of Marine Inquiry
110. Powers and duties in respect of unsafe ships
111. Presiding magistrate and procedure
112. Power of Court to suspend or cancel certificate
113. Rehearing

PART VIII -- Supplementary and administrative provisions

114. Powers in relation to regulations
115. Regulations may adopt codes etc.
115A. Exemptions and equivalents
116. Minister may delegate
117. Appointment of inspectors and authorised officers
118. Certificate of appointment
119. Penalty for obstruction
120. Penalty for false declarations, etc.
120A. Inspector may request name and address
121. Offences in connection with certificates, licences etc.
122. Liability of chief executive officer and owner for costs and compensation
123. Complainant may be ordered to give security
124. Immunity of Minister and officials

PART IX -- Legal proceedings

125. Evidence of documents and proof of signature
125A. Limitation period for prosecutions
126. Admissibility of documents in evidence
127. Service of summons and process
128. Service of notice where no master
129. Averment as to ownership of vessel
130. Averment as to membership of crew
131. Place where act committed
132. Proceedings by way of infringement notice
133. Onus on owner to identify person in charge of vessel
134. Production of proof of identity by authorised person

PART X -- Repeal and transitional

135. Repeals
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
Compilation table

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