certificate of competency a certificate issued under section 78 or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 78; channel includes swinging basin, turning circle, an area alongside a berth or dock, fairway and anchorage; channel operator has the same meaning as in the Port Management Act 1995; close quarters situation has the meaning given by section 4; commercially operated vessel means a commercial vessel or a hire and drive vessel; commercial vessel means a fishing vessel or trading vessel; Commonwealth Navigation Act means the Navigation Act 1912 of the Commonwealth; corresponding authority means a person who, or body that, outside of has functions under a corresponding law that correspond with any of the functions of the Safety Director under Parts 3.1 and 3.3; corresponding law a law of the Commonwealth or of another State or of a Territory that corresponds to Parts 3.1 and 3.3;
1988 and any regulations made under that Act; reportable incident an event referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (i) or (j)(ii), (j)(iii) or (j)(iv) of the definition of marine incident; s. 3 restricted marine licence means a licence granted under section 54; S. 3(1) def. of safe construction certificate amended by No. 78/2011 s. 3(1)(d). safe construction certificate means a certificate issued under section 65 or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 65; S. 3(1) def. of safe operation certificate amended by No. 78/2011 s. 3(1)(e). safe operation certificate a certificate issued under section 70 or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 70; Safety Director means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010;
pleasure craft has the same meaning as in section 6 of the Commonwealth Navigation Act; Prevention of Collisions Convention has the same meaning as the Prevention of Collisions Convention has under section 187A(1) of the Commonwealth Navigation Act; Safety Convention has the same meaning as the Safety Convention has under section 187A(1) of the Commonwealth Navigation Act; sea includes any waters within the ebb and flow of the tide; trading ship has the same meaning as in section 6 of the Commonwealth Navigation Act. Subdivision 2—Prevention of Collisions Convention s. 96 96 Regulations giving effect to Prevention of Collisions Convention (1) The regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention in relation to commercial vessels while the commercial vessels are in State waters. (2) A person must not contravene a regulation made under subsection (1) that applies to that person. 120 penalty units.
(1) If a body corporate (including a body corporate representing the Crown) contravenes a provision of this Act or the regulations and the contravention is attributable to an officer of the body corporate failing to take reasonable care, the officer is guilty of an offence and liable to a fine not exceeding the maximum fine for an offence constituted by a contravention by a natural person of the provision contravened by the body corporate. (2) An offence against subsection (1) is summary or indictable in nature according to whether the offence constituted by the contravention by the body corporate is summary or indictable. (3) In determining whether an officer of a body corporate is guilty of an offence, regard must be had to— the officer knew about the matter concerned; and extent of the officer's ability to make, or participate in the making of, decisions that affect the body corporate in relation to the matter concerned; and the contravention by the body corporate is also attributable to an act or omission of any other person; and
339 Processes for revocation of personal watercraft endorsements (1) This section applies if— Director has, before the commencement day, commenced a process to revoke a personal watercraft endorsement under section 119 of the Marine Act and the Marine Regulations; and endorsement has not been revoked in accordance with that process before that day. (2) On and after the commencement day, the Safety Director must complete the process for the revocation of that endorsement in accordance with that Act and those regulations as if they were in force. (3) In subsection (2), complete the process includes any internal review under regulation 738 of the Marine Regulations if applied for. (4) If the Safety Director decides, or confirms his or her decision following internal review, to revoke the personal watercraft endorsement— decision is taken to be a decision to cancel the licence endorsement on the marine licence to which section 328 applies; and licence endorsement is, on the day that decision takes effect, cancelled; and cancellation is taken to be a cancellation under Part 4.6.
395 Amendment of section 82C—Application of definitions to this Part s. 395 In section 82C(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "section 3(1) of the Marine Act 1988" substitute "section 3(1) of the Marine Safety Act 2010". 396 Amendment of section 84 and repeal of section 84A—Specific investigation powers (1) In section 84 of the Transport (Compliance and Miscellaneous) Act 1983— S. 396(1)(a) substituted by No. 78/2011 s. 39. the heading to the section, after "matters" insert "or marine safety matters"; paragraph (a)(vii), after "matter" insert "or a marine safety matter"; paragraph (c)(i), after "matter" insert "or a marine safety matter"; paragraph (d)(i), after "matter" insert "or a marine safety matter"; paragraph (f), after "matter" insert "or a marine safety matter";
"Powers under the Marine (Drug, Alcohol and Pollution Control) Act 1988 additional to powers under this Act". 14.2 In section 24D, for "Marine Act 1988" substitute "Marine (Drug, Alcohol and Pollution Control) Act 1988". Sch. 3 15 Prostitution Control Act 1994 In section 3(1), in paragraph (d) of the definition of building, for "Marine Act 1988" substitute "Marine Safety Act 2010". 16 Transport Integration Act 2010 16.1 In section 3— the definition of harbour master, for "Marine Act 1988" substitute "Marine Safety Act 2010"; the definition of mandatory marine safety decision, for "section 3(1) of the Marine Act 1988" substitute "section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983"; paragraph (b)(i) and (iii) of the definition of marine safety matter, for "Marine Act 1988" substitute "Marine Safety Act 2010"; the definition of master, for "Marine Act 1988" substitute "Marine Safety Act 2010";