WESTERN AUSTRALIAN MARINE ACT 1982
WESTERN AUSTRALIAN MARINE ACT 1982
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
3A. Vessels and crew to which Act applies
3B. Relationship to Domestic Commercial Vessel National Law
4. Act not to apply to naval ships etc.
5. Application to Crown
PART 2 -- Powers of inspectors
Division 1 -- Preliminary
6. Terms used
Division 2 -- General powers
Subdivision 1 -- Powers relating to vessels, exercisable without consent or warrant
7. Boarding vessels
8. Requiring master of vessel to answer questions about vessel’s nature or operations
9. Powers in relation to vessels
10. Failing to comply with certain requirements under s.
11. Sampling, securing or seizing things found
Subdivision 2 -- Powers relating to premises, exercisable with consent or under warrant
12. Entering premises
13. Powers of inspectors in relation to premises
14. Enforcement powers
15. Failing to comply with certain requirements of inspectors
16. Using force in executing warrant
17. Relationship with Subdivision
Subdivision 3 -- Requiring certain documents under Act to be produced for inspection
18. Requiring certain documents to be produced for inspection
Division 3 -- Directions and improvement notices
19. Power to give directions
20. Directions under s. 19: procedural details
21. Directions under s. 19: inspector may remedy failure to comply
22. Improvement notices
23. Improvement notices given in relation to vessels
Division 4 -- General provisions relating to powers under Part
Subdivision 1 -- General matters concerning entry and exercise of powers
24. Consent to entry
25. Premises with 2 or more occupiers
Subdivision 2 -- Warrants
26. Warrants
27. Warrants applied for remotely
28. Entry under warrant: rights of occupier
29. Inspector must be in possession of warrant
30. Occupier entitled to observe execution of warrant
31. Occupier to provide inspector with facilities and assistance
32. Execution of warrant
33. Completing execution of warrant after temporary cessation
34. Completing execution of warrant stopped by court order
Subdivision 3 -- Securing things
35. Electronic equipment may be secured pending expert assistance to operate it
36. Extending period for which something is secured
37. Interfering with securing of things
Subdivision 4 -- Seizing and detaining things
38. Copies of seized things to be provided
39. Receipts for seized things
40. Return of seized things
41. Judicial officer may permit seized things to be retained
42. Forfeiture and disposal of seized things
PART 3 -- 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
60. Penalty for unlawfully assuming control
61. Power to detain unsafe pleasure or prescribed vessels
62. Detained vessels: unauthorised operation
63. Detained vessels: inspection
63A. Detained vessels: return
63B. Detained vessels: forfeiture and disposal
63C. SAT review of decision to detain vessel or forfeiture declaration
64. Marine incidents: terms used
64A. Marine incidents: duties
64B. Marine incidents: reporting
64C. Marine incidents: preserving evidence
64D. Marine incidents: power to require responsible person to give information
65. Mooring licences
66. Closure of waters
67. Limiting speed of vessels
68. Speed measuring equipment
69. Offences relating to hatches
70. Offence of being on board vessel 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 3A -- Safe navigation of vessels, and alcohol and drug related offences
Division 1 -- Preliminary
75A. Terms used
75AA. When individual operates or navigates vessel
75AB. When vessel is involved in incident
75AC. Person taken to be in command or charge of vessel for purposes of PARTs 3A and 3B
75AD. Person is incapable of having proper control of vessel
75AE. Person with BAC of 0.15 or above taken to be incapable of proper control
75AF. Circumstances of aggravation
Division 2 -- Safe navigation of vessels and alcohol and drug related offences
Subdivision 1 -- Dangerous navigation of vessels occasioning death, grievous bodily harm or bodily harm
75B. Dangerous navigation of vessel occasioning death
75BA. Dangerous navigation of vessel occasioning grievous bodily harm
75BB. Dangerous navigation of vessel occasioning bodily harm
75BC. Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm
Subdivision 2 -- Reckless, dangerous and careless navigation of vessels
75BD. Reckless navigation of vessel
75BE. Dangerous navigation of vessel
75BF. Careless navigation of vessel
Subdivision 3 -- Provisions relating to offences in Subdivisions 1 and
75BG. Application of Subdivision
75BH. Circumstances occasioning death, grievous bodily harm or bodily harm
75BI. Provisions for offences involving incidents occasioning death, grievous bodily harm or bodily harm
75BJ. Defence: death or harm not attributable to alcohol or drugs
75BK. Defence: death or harm not attributable to manner of operation or level of care and attention
75BL. Defence: inspector or police officer navigating vessel in certain circumstances
Division 3 -- Navigation of vessels while under the influence of alcohol or drugs or impaired by drugs
75C. Navigation of vessel while under influence of alcohol or drugs
75CA. Navigation of vessel while under influence of both alcohol and drugs
75CB. Defence: under influence of drug prescribed or administered for therapeutic reasons
75CC. Master must not permit person under influence of alcohol or drugs or both to operate vessel
75CD. Navigation of vessel while impaired by drugs
75CE. When person may be convicted of navigation of vessel while impaired by drugs offence
75CF. Defence: impaired by drug prescribed or administered for therapeutic reasons
75CG. Rights of person charged with particular offences
PART 4 -- International Conventions
Division 1 -- General
76. Terms used
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 5 -- 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 vessels
PART VI -- Pleasure vessels
98. Terms used
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 8 -- 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 details
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 8A -- Disqualification from holding or obtaining WA marine qualification
Division 1 -- Preliminary
124G. Terms used
Division 3 -- Provisions relating to disqualification orders by court
124GK. Application of Division
124GL. Notifying chief executive officer of disqualification order
124GM. Removal of disqualification
124GN. Removal of disqualification: additional provisions
124GO. Notifying chief executive officer of disqualification order
Division 4 -- Effect of disqualifications and other matters
124GP. Effect of disqualification
124GQ. Other effects of disqualification
124GR. Calculating period of disqualification
124GS. Navigating certain vessels when disqualified from holding or obtaining WA marine qualification
PART 9 -- Legal proceedings
Division 2 -- Provisions relating to sentencing for dangerous navigation and alcohol and drug related offences
124I. Term used: young person
124IA. Limitation on period for which previous offences taken into account
124IB. Sentencing for particular offences: option for community based order or youth community based order
124IC. Sentencing for particular offences if community based order or intensive supervision order imposed
124ID. Pre-sentence report required for sentencing for navigation while impaired by drugs
124IE. Sentencing for first offence of navigation while impaired by drugs or failure to comply with drug impairment assessment
124IF. Sentencing for second or subsequent offence of navigation while impaired by drugs or failure to comply with drug impairment assessment
124IG. Mandatory disqualification
124IH. Minimum fines
Division 3 -- General matters
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. Averments relating to vessels
130. Averment relating to qualifications 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 10 -- Repeal and transitional provisions
Division 1 -- Western Australian Marine Act 1982
135. Repeals
Division 2 -- Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023
136. Certain orders, notices, exemptions and certificates
137. Transitional regulations
Division 3 -- Western Australian Marine Amendment Act 2023
138. Offences against repealed section
139. Transitional regulations
SCHEDULE 1 -- Container Convention
SCHEDULE 2 -- Limitation Convention
SCHEDULE 3 -- Prevention of Collisions Convention
SCHEDULE 4 -- Safety Convention
SCHEDULE 5 -- 1978 Protocol relating to Safety Convention
