1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 Meaning of “vessel”
6 Meaning of vessel “connected with this State”
7 Meaning of “owner” of vessel
8 Vessels and waters to which Act applies
9 Application of Act to Defence Force vessels
10 Regulations for prevention of collisions at sea or in other navigable waters
11 Speed limits, no wash zones and other restrictions on operation of vessels in navigable waters by display of notice
12 Restrictions on operation of vessels in navigable waters during special events by publication of notice
13 Reckless, dangerous or negligent navigation and other acts
14 Unreasonable interference by operation or use of vessel
15 Protection of navigation aids
15A Power to give directions relating to safety on navigable waters
16 Removal of obstructions in navigable waters
17 Minister’s approval required for aquaculture leases over navigable waters
18 Regulation of organised aquatic activities in navigable waters
19 Regulations relating to safety of navigation
Part 3 Boating safety—alcohol and other drug use
20 Definitions
21 Application of Part and Schedule 1
22 Prescribed concentrations of alcohol
23 Measurement of alcohol concentrations
Division 2 Offences involving prescribed concentrations of alcohol
24 Presence of prescribed concentration of alcohol in person’s breath or blood
24A (Repealed)
25 Alternative verdicts for lesser offences
26 Presence of higher concentration of alcohol not defence
27 Defence for offence relating to youth range prescribed concentration of alcohol
Division 3 Offences involving operating a vessel under the influence of alcohol or other drug
28 Operating vessel under influence of alcohol or other drug
28A Cancellation and suspension of marine safety licences
28B Application of section 10 of Crimes (Sentencing Procedure) Act 1999
28C Random breath testing and other matters related to alcohol and drug use
29 Types of marine safety licences
Division 2 Grant of marine safety licences and related matters
30 Grant of licences
31 Conditions of licences
32 Offence to contravene conditions of licence
33 Duration of licence
34 (Repealed)
35 Offences relating to licences
36 Special provision relating to marine pilot’s licence or marine pilotage exemption certificate
37 Regulations relating to licences
Division 3 Suspension or cancellation of marine safety licences
38 Suspension or cancellation of licences or disqualification of persons from holding licences
39 Suspension or cancellation of licences by court in connection with offence
40 Return of suspended or cancelled licence
Division 4 Review by Administrative Decisions Tribunal
41 Definition of “Tribunal”
42 Rights of review
43 Failure to make decision
Part 5 Requirements for vessels
44 Definition of “unsafe vessel”
45 Owner or master not to operate unsafe vessel
46 Detention of unsafe vessels
47 Operating detained vessel
48 Costs of detention
Division 2 Vessel registration
49 Vessels requiring registration
50 Vessels exempt from registration
51 Offence to operate unregistered vessel
52 Additional grounds for refusal, suspension or cancellation of registration
Division 3 Survey certificates for commercial vessels
53 Offence to operate commercial vessel without survey certificate
54 Grant of survey certificate and survey schedule for commercial vessels
55 (Repealed)
56 Regulations relating to commercial vessels—construction, survey and other matters
57 Vessels to which this Division applies
58 Persons required to hold certificates of competency
59 Offence for failure to hold appropriate certificate of competency
60 Minimum complement of vessels
61 Detention of vessels operated contrary to this Division
Division 5 Boat driving licences for power-driven recreational vessels
62 Vessels to which Division applies
63 Offence to operate recreational vessel without appropriate boat driving licence
63A Offences committed by disqualified holders of boat driving licences
64 Exemption from requirement to hold boat driving licence
Division 6 Miscellaneous provisions relating to vessels
65 Recognised marine safety licences
66 Mutual recognition of marine safety licences
67 Regulation of marine safety equipment or facilities
68 Regulation of design and construction of recreational vessels
68A Regulations relating to builders plates for vessels
69 Regulation of passengers
70 Vessel identification etc
71 Definitions
Division 2 Prohibition against unauthorised marine pilots
72 Marine pilots in any port to be licensed
73 Marine pilots in pilotage ports to be provided by pilotage service provider
74 Pilotage compulsory in pilotage ports
75 Vessels exempted from compulsory pilotage
76 Deferment of pilotage generally
77 Deferment of pilotage for safety reasons
78 Duties of master in connection with pilotage
79 Liability of master and owner of vessel under pilotage
80 Immunity of State, marine pilots, pilotage service provider and others
81 Offence for marine pilot to endanger vessel
82 Provisions to apply when vessel under pilotage at request of owner
83 Regulations
84 Definition of “port”
85 Appointment of harbour masters
86 Appointment of persons to exercise functions of harbour masters
87 General functions of harbour master
88 General powers of harbour master in relation to vessels
89 Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port
90 Harbour master may carry out direction
91 Offence for failing to comply with direction, or obstructing, harbour master
91A Directions of harbour master acting as marine pilot
92 Identity cards
93 Protection from liability
Part 8 Marine investigation and enforcement
94 Definitions
95 Application
96 Appointment of authorised officers (other than harbour masters and police officers)
97 Identity cards for authorised officers
97A Obstruction of authorised officers and others
Division 2 Duties of masters and owners in case of marine accidents
98 Requirements of masters in case of accident involving vessels
99 Duty to report marine accidents to Minister
100 Marine accident particulars
101 Preservation of evidence
102 Offence
Division 3 Investigation of marine accidents and other marine safety matters
103 Ordering of investigation
104 Principal purposes of investigation
105 Appointment of investigator
106 Powers of investigator
107 Conduct of investigations
108 Report to Minister of investigation
109 Representations by persons affected by report
110 Suspension of marine safety licence pending investigation
111 Action by Minister following report of investigation
112 Public release of report
113 Protection from liability
Division 4 Investigative powers of authorised officers
114 Application of Division
115 Power to stop and board vessels
116 Other powers of entry
117 General investigative powers
118 Detention of vessel for purposes of investigation
119 Production of marine safety licences
120 Identification of person suspected of committing offence
121 Identification of owner and master of vessel
122 Power to require persons to attend to answer questions or produce documents or other things
123 Limitation on self-incrimination
124 General provisions relating to functions under this Division
125 Offences
Division 5 Regulation of public ferry wharves
125A Public ferry wharves
125B Inspections of public ferry wharves
125C Improvement notices
125D Failure to comply with improvement notice
125E Prohibition notices
125F Notices may include directions
125G Review of notices by Minister
125H Application to Administrative Decisions Tribunal for stay of prohibition notice
125I Appeal to Administrative Decisions Tribunal
125J Withdrawal and revocation of notices
125K Proceedings for offences not affected by notices
125L Certificates relating to public ferry wharves
125M Regulations relating to public ferry wharves
126 Penalty notices
127 Offences
128 Time within which proceedings may be commenced
129 Persons who may bring proceedings
130 Offences by corporations
131 Proof of lawful or reasonable excuse
132 Act presumed to apply to vessels
133 Proof of certain matters not required
134 Service of instruments (except in proceedings for offences)
135 Service of court attendance notice and other process in legal proceedings
136 Act binds Crown
136A Minister or Maritime Authority may rely on advice
137 Regulations
138 Adoption of codes, standards, treaties and other documents
139 Exemptions
140 Children employed on vessels—ILO Convention No 58
141 Repeals
142 Amendment of other Acts
143 Savings, transitional and other provisions
144 Review of Act
Schedule 1 Alcohol and drug use—random breath testing and related matters
Schedule 3 Amendment of other Acts