certificate of competency means 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 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 a commercial vessel or a hire and drive vessel; commercial vessel a fishing vessel or trading vessel; Commonwealth Navigation Act the Navigation Act 1912 of the Commonwealth; corresponding authority 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;
from registration— the regulations; or (ii) by a notice given by the Safety Director under section 260. 60 penalty units. (3) A person must not, being the owner or master of a vessel— or allow the vessel to be operated in breach of any condition of its registration; or or engage a person to operate the vessel in breach of any condition of its registration. 60 penalty units. s. 38 38 Vessel may be registered in one name only A vessel may only be registered in the name of a natural person who is of or over the age of 14 39 Effecting registration, renewal or transfer (1) Registration, renewal of registration and transfer of registration may be applied for, and granted or refused, only in accordance with this Act and the regulations. (2) The Safety Director must register a vessel in respect of which an application for registration is made if—
(2) Nothing in subsection (1) affects the liability of the master of the vessel at the time of the offence. (3) The owner of a vessel only ceases to be the responsible person in relation to the vessel if another person is the responsible person in relation to that vessel by force of section 178 or 179. (4) A person who by force of this section is guilty of an offence is liable to the same penalties and subject to the consequences to which the person would have been liable and subject had the person been the master of the vessel at the time of the offence. 177 Effect of payment of penalty etc. s. 177 If by force of section 176 more than one person may be guilty of an offence involving a vessel and the full amount of any monetary penalty is paid (and not refunded) and any other necessary consequence is suffered by any one of them in relation to the offence, no further penalty or consequence may be imposed on or recovered from that person or any other person in relation to the offence. 178 Use of effective statement to avoid liability (1) A person is not guilty of an offence by force of section 176 if—
Marine Act means the Marine Act 1988, as in force immediately before the commencement day; Marine Act vessel a vessel within the meaning of the Marine Act; Marine Regulations means the Marine Regulations 2009, as in force immediately before the commencement day; personal watercraft endorsement has the same meaning as in the Marine Act; restricted operator licence has the same meaning as in the Marine Act. __________________ 314 General transitional provision (1) This Chapter does not affect or take away from the Interpretation of Legislation Act 1984. s. 314 (2) This Chapter applies despite anything to the contrary in any other provision in this Act. 315 Savings and transitional regulations (1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of this Act and the amendment of the Marine Act and the
s. 320 A registration of a Marine Act vessel granted under Part 2 of the Marine Act that is in effect immediately before the commencement day is, on that day, taken to be a registration of a vessel granted under Part 3.1 until registration of that vessel is transferred to another person. 321 Applications for registration of vessels An application for the registration of a Marine Act vessel under Part 2 of the Marine Act in respect of which the Director has not made a decision before the commencement day is, on and after that day, taken to be an application for registration of a vessel under Part 3.1. 322 Applications for the renewal or transfer of the registration of a vessel (1) An application for the renewal of the registration of a Marine Act vessel under Part 2 of the Marine Act in respect of which the Director has not made a decision before the commencement day is, on and after that day, taken to be an application for the renewal of the registration of a vessel under Part 3.1. (2) An application for the transfer of the registration of a Marine Act vessel under Part 2 of the Marine Act in respect of which the Director has not made a decision before the commencement day is, on and after that day, taken to be an application for the transfer of the registration of a vessel under Part 3.1.
transport safety infringement law, after paragraph (b) insert— marine or port law;". 398 New section inserted s. 398 After section 228W of the Transport (Compliance and Miscellaneous) Act 1983 insert— Offence to impersonate a transport safety officer A person who is not a transport safety officer must not, in any way, hold himself or herself out to be a transport safety officer. 60 penalty units.". 399 Amendment of section 228Z—Power of entry (1) In section 228Z of the Transport (Compliance and Miscellaneous) Act 1983— paragraph (b)(ii), for "search warrant." substitute "search warrant; or"; paragraph (b) insert— any vessel at any time it is in use; or without consent, any marine premises at any time during which marine operations or other related activities are being carried out in or on the marine premises.".
the definition of for "Marine Act 1988" substitute "Marine Safety Act 2010"; (f) in the definition of pilot exempt master, for "Marine Act 1988" substitute "Marine Safety Act 2010"; the definition of pilotage services provider, for "Marine Act 1988" substitute "Marine Safety Act 2010"; the definition of vessel, for "Marine Act 1988" substitute "Marine Safety Act 2010". Sch. 3 16.2 In section 3, in the definition of transport body— (s) is repealed; paragraph (t), for "Marine Act 1988" substitute "Marine Safety Act 2010". 16.3 In section 3, in the definition of transport legislation— paragraph (g), for "Marine Act" substitute "Marine (Drug, Alcohol and Pollution Control) Act"; paragraph (g) insert— Safety Act 2010;". 16.4 In section 3, the definitions of corresponding safety law and relevant marine safety law are repealed.
Minister's second reading speech— Legislative Assembly: 12 August 2010 Legislative Council: 2 September 2010 The long title for the Bill for this Act was "A Bill for an Act to provide for safe marine operations in and to consequentially amend the Marine Act 1988 and other Acts and for other purposes." The Marine Safety Act 2010 was assented to on 28 September 2010 and came into operation on 1 July 2012: section 2(2). Table of Amendments Endnotes This Version incorporates amendments made to the Marine Safety Act 2010 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 57) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Marine Safety Act 2010 Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011 Assent Date: 23.8.11 Commencement Date: Ss 39–41 on 1.1.12: s. 2(2) Current State: This information relates only to the provision/s amending the Marine Safety Act 2010 Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011 Assent Date: 13.12.11 Commencement Date: Ss 3–43 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4 Current This information relates only to the provision/s amending the Marine Safety Act 2010 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 29) on 28.6.12: s. 2(1)