Marine and Safety Authority Act 1997 (Tas)

Marine and Safety Authority Act 1997

An Act to establish the Marine and Safety Authority and for related matters [Royal Assent 27 June 1997]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Marine and Safety Authority Act 1997 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act – air cushion vehicle means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the water or other surface beneath the vehicle; asset includes any business or property; Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors; Authority means the Marine and Safety Authority established under section 4 ; Board means the Board of Directors of the Authority; certificate of survey means a certificate of survey issued by the National Regulator that warrants that a vessel complies with the vessel survey requirements of the National Law; chairperson means the chairperson of the Board appointed under section 8(1)(a) ; chief executive officer means the chief executive officer of the Authority appointed under section 16 ; coastal waters means – (a) any part of the territorial sea of Australia adjacent to the State within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and (b) the marine or tidal waters on the landward side of any territorial sea of Australia adjacent to the State; commencement day means the day proclaimed under section 2 ; commercial purpose means a purpose for which a vessel is to be used which results in the vessel being a commercial vessel; commercial vessel has the same meaning as domestic commercial vessel in the National Law; corporation means a corporation as defined in the Corporations Act; director means a person referred to in section 8(1) or 9(1) ; domestic commercial vessel has the same meaning as in the National Law; employee means a person referred to in section 19 who is not a contractor or a consultant; financial statements means the financial statements prepared under section 25 ; former Act means the Marine Act 1976 ; former Authority means the Navigation and Survey Authority of Tasmania constituted under the former Act; former board means a board within the meaning of the former Act; marine facility means any facility, structure or equipment used in relation to the navigation and operation of vessels; master has the same meaning as in the National Law; National Law means – (a) the Commonwealth domestic commercial vessel national law within the meaning of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 ; and (b) the applied provisions within the meaning of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 ; National Regulator has the same meaning as in the National Law; owner of a vessel has the same meaning as in the National Law; port company means a company formed under the Port Companies Act 1997 ; port operator means – (a) a company formed under the Port Companies Act 1997 ; or (b) a person who operates a port or marine facility; trading vessel means a vessel, other than a fishing vessel, that is used or is intended to be used – (a) in connection with any business or commercial activity; or (b) wholly or principally for – (i) the carriage of passengers or cargo for hire or reward; or (ii) the provision of services to ships or shipping, whether for reward or otherwise; transfer day means the day on which a transfer under section 31 takes effect; unseaworthy means unseaworthy within the meaning of section 38B(1) ; vessel has the same meaning as in the National Law and includes any other prescribed craft, or any other craft of a prescribed class, used for recreational purposes; wharf includes – (a) any landing place, marshalling yard, pier, jetty or dock used for the landing or shipping of cargo; and (b) any approaches to, and spaces under, a wharf; and (c) any shed or other structure on a wharf.