Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 (WA)

Western Australia Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 Western Australia Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Purpose of Act 1 4. Terms used 1 5. Act binds Crown 1 Part 2 — Applied provisions 6. Application of Domestic Commercial Vessel National Law as State law 1 7. Tabling amending Acts 1 8. Disallowance of amending Acts 1 9. Commencement of provisions of amending Acts 1 10. Amending Acts enacted on or after 15 May 2023 but before commencement day 1 11. Tabling of amending Act taken to be publication for Standing Orders 1 12. Legislative instruments under Scheduled Law 1 13. Legislative instruments made under or for purposes of amending Act 1 14. Publication of legislative instruments made under Scheduled Law 1 15. Tabling and disallowance of legislative instruments under Scheduled Law 1 16. Application of savings and transitional provisions consequent on Scheduled Law 1 17. Interpretation of applied provisions 1 Part 3 — Functions and powers under applied provisions 18. Functions and powers of National Regulator and other authorities and officers 1 19. Delegations by National Regulator 1 Part 4 — Offences 20. Object of Part 1 21. Application of Commonwealth criminal laws to offences against applied provisions 1 22. Functions and powers conferred on Commonwealth officers and authorities relating to offences 1 23. No double jeopardy for offences against applied provisions 1 Part 5 — Administrative laws 24. Application of Commonwealth administrative laws to applied provisions 1 25. Functions and powers conferred on Commonwealth officers and authorities 1 Part 6 — Fees and fines 26. Fees payable to officers or employees of State acting as delegates 1 27. Infringement notice fines 1 28. Fines, fees, other money not otherwise payable to State 1 Part 7 — Miscellaneous 29. Things done for multiple purposes 1 30. Reference in Commonwealth law to provision of another law 1 31. References to Domestic Commercial Vessel National Law 1 32. Disclosure of information to National Regulator 1 33. State regulations 1 34. Review of Act 1 Part 8 — Transitional and savings provisions 35. Transitional regulations 1 Part 9 — Western Australian Marine Act 1982 amended 36. Act amended 1 37. Long title replaced 1 38. Part I heading amended 1 39. Section 3 amended 1 40. Sections 3A and 3B inserted 1 3A. Vessels and crew to which Act applies 1 3B. Relationship to Domestic Commercial Vessel National Law 1 41. Section 6 deleted 1 42. Part II replaced 1 Part 2 — Powers of inspectors Division 1 — Preliminary 6. Terms used 1 Division 2 — General powers Subdivision 1 — Powers relating to vessels, exercisable without consent or warrant 7. Boarding vessels 1 8. Requiring master of vessel to answer questions about vessel's nature or operations 1 9. Powers in relation to vessels 1 10. Failing to comply with certain requirements under s. 9 1 11. Sampling, securing or seizing things found 1 Subdivision 2 — Powers relating to premises, exercisable with consent or under warrant 12. Entering premises 1 13. Powers of inspectors in relation to premises 1 14. Enforcement powers 1 15. Failing to comply with certain requirements of inspectors 1 16. Using force in executing warrant 1 17. Relationship with Subdivision 1 1 Subdivision 3 — Requiring certain documents under Act to be produced for inspection 18. Requiring certain documents to be produced for inspection 1 Division 3 — Directions and improvement notices 19. Power to give directions 1 20. Directions under s. 19: procedural details 1 21. Directions under s. 19: inspector may remedy failure to comply 1 22. Improvement notices 1 23. Improvement notices given in relation to vessels 1 Division 4 — General provisions relating to powers under Part Subdivision 1 — General matters concerning entry and exercise of powers 24. Consent to entry 1 25. Premises with 2 or more occupiers 1 Subdivision 2 — Warrants 26. Warrants 1 27. Warrants applied for remotely 1 28. Entry under warrant: rights of occupier 1 29. Inspector must be in possession of warrant 1 30. Occupier entitled to observe execution of warrant 1 31. Occupier to provide inspector with facilities and assistance 1 32. Execution of warrant 1 33. Completing execution of warrant after temporary cessation 1 34. Completing execution of warrant stopped by court order 1 Subdivision 3 — Securing things 35. Electronic equipment may be secured pending expert assistance to operate it 1 36. Extending period for which something is secured 1 37. Interfering with securing of things 1 Subdivision 4 — Seizing and detaining things 38. Copies of seized things to be provided 1 39. Receipts for seized things 1 40. Return of seized things 1 41. Judicial officer may permit seized things to be retained 1 42. Forfeiture and disposal of seized things 1 43. Part III heading replaced 1 Part 3 — Marine powers and duties 45. Section 58A amended 1 46. Section 58B replaced 1 58B. Unsafe pleasure or prescribed vessels not to be operated 1 47. Section 59 amended 1 48. Section 60 amended 1 49. Sections 61 to 64 replaced 1 61. Power to detain unsafe pleasure or prescribed vessels 1 62. Detained vessels: unauthorised operation 1 63. Detained vessels: inspection 1 63A. Detained vessels: return 1 63B. Detained vessels: forfeiture and disposal 1 63C. SAT review of decision to detain vessel or forfeiture declaration 1 64. Marine incidents: terms used 1 64A. Marine incidents: duties 1 64B. Marine incidents: reporting 1 64C. Marine incidents: preserving evidence 1 50. Section 66 amended 1 51. Section 67 amended 1 52. Section 69 replaced 1 69. Offences relating to hatches 1 53. Section 70 amended 1 55. Part IV heading amended 1 56. Section 77 amended 1 57. Section 78 amended 1 58. Section 79 amended 1 59. Section 84 amended 1 60. Section 90 amended 1 61. Part V heading amended 1 62. Section 91 amended 1 63. Section 92 amended 1 64. Section 93 amended 1 65. Section 94 amended 1 66. Section 95 amended 1 67. Section 96 replaced 1 96. Regulations as to dangerous goods 1 68. Section 97 amended 1 69. Part VI replaced 1 Part 6 — Pleasure vessels and prescribed vessels 99. Regulations in respect of pleasure vessels and prescribed vessels 1 70. Part VII replaced 1 Part 7 — Seaplanes 100. Certain provisions of Act and regulations apply to seaplanes 1 71. Part VIII heading amended 1 72. Part VIII Division 1 inserted 1 Division 1 — Information protection, disclosure and exchange 107. Terms used 1 108. Protection of information 1 109. Exchange of information between chief executive officer and Commissioner of Police 1 110. Exchange of information between chief executive officer and other authorities 1 111. Disclosure of information to prescribed persons for authorised purposes 1 112. Disclosure of incident information 1 113. Disclosure by means of automated system 1 73. Part VIII Division 2 heading inserted 1 Division 2 — Regulations 74. Section 114 amended 1 75. Section 115 amended 1 76. Part VIII Division 3 heading inserted 1 Division 3 — Exemptions and equivalents 77. Section 115A amended 1 78. Part VIII Division 4 heading inserted 1 Division 4 — Inspectors and authorised persons 79. Sections 116 to 118 replaced 1 117. Designation 1 118. Identity cards 1 118A. Proof of authority 1 118B. Persons assisting inspectors and authorised persons 1 80. Part VIII Division 5 heading inserted 1 Division 5 — Certain offences 81. Section 119 amended 1 82. Section 120 amended 1 83. Section 120A replaced 1 120A. Inspector may request details 1 84. Section 121 amended 1 85. Sections 122 to 124 deleted 1 86. Part VIII Divisions 6 to 8 inserted 1 Division 6 — Liability 122. Liability of chief executive officer and owner for costs and compensation in relation to detained vessels 1 123. No liability for certain acts and omissions 1 Division 7 — Administration 124. Delegation by Minister 1 124A. Delegation by chief executive officer 1 124B. Agreement for performance of chief executive officer's functions 1 Division 8 — Miscellaneous 124C. Giving notices, orders, directions and other documents 1 124D. Fixing notices, orders, directions and other documents on or near vessels 1 124E. Making certain things publicly available 1 124F. Application of Criminal and Found Property Disposal Act 2006 1 87. Part IX heading amended 1 88. Section 125A amended 1 89. Section 127 amended 1 90. Section 128 deleted 1 91. Section 129 replaced 1 129. Averments relating to vessels 1 92. Section 130 amended 1 93. Section 132 amended 1 94. Section 133 amended 1 95. Section 134 deleted 1 96. Part X heading replaced 1 Part 10 — Repeal and transitional provisions 97. Part X Division 1 heading inserted 1 Division 1 — Western Australian Marine Act 1982 98. Section 136 deleted 1 99. Part X Division 2 inserted 1 Division 2 — Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 136. Certain orders, notices, exemptions and certificates 1 137. Transitional regulations 1 100. Schedule 6 deleted 1 Part 10 — Other Acts amended or repealed Division 1 — Constitution Acts Amendment Act 1899 amended 101. Act amended 1 102. Schedule V amended 1 Division 2 — Marine and Harbours Act 1981 amended 103. Act amended 1 104. Section 18A amended 1 Division 3 — Personal Property Securities (Commonwealth Laws) Act 2011 amended 105. Act amended 1 106. Section 17 amended 1 Division 4 — Pilots' Limitation of Liability Act 1962 amended 107. Act amended 1 108. Section 3 amended 1 Division 5 — Pollution of Waters by Oil and Noxious Substances Act 1987 amended 109. Act amended 1 110. Section 3 amended 1 111. Section 8 amended 1 112. Section 13 amended 1 113. Section 23 amended 1 Division 6 — Sentencing Act 1995 amended 114. Act amended 1 115. Section 107 amended 1 Division 7 — Supreme Court Act 1935 amended 116. Act amended 1 117. Section 30 amended 1 Division 8 — Waterways Conservation Act 1976 amended 118. Act amended 1 119. Section 48 amended 1 Division 9 — Western Australian Marine Amendment Act 1987 repealed 120. Act repealed 1 Division 10 — Western Australian Marine Amendment Act 1990 amended 121. Act amended 1 122. Section 4 amended 1 123. Sections 6 to 9 and 12 deleted 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 An Act — * to apply a national law relating to marine safety for domestic commercial vessels as a law of the State; and * to make consequential and other amendments to the Western Australian Marine Act 1982; and * to make consequential amendments to various other Acts; and * for related purposes.