South Australia: Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 (SA)

South Australia Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 An Act to provide for a national legislative scheme regulating domestic commercial vessels; to make provision for local matters associated with commercial vessels; to make related amendments to other Acts; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Purposes of Act 4 Interpretation Part 2—Applied provisions 5 Application of Commonwealth laws as laws of this State 6 Interpretation of Commonwealth domestic commercial vessel national law Part 3—Functions and powers under applied provisions 7 Functions and powers of National Regulator and other authorities and officers 8 Delegations by the National Regulator Part 4—Offences 9 Object of Part 10 Application of Commonwealth criminal laws to offences against applied provisions 11 Functions and powers conferred on Commonwealth officers and authorities relating to offences 12 No double jeopardy for offences against applied provisions Part 5—Administrative laws 13 Application of Commonwealth administrative laws to applied provisions 14 Functions and powers conferred on Commonwealth officers and authorities Part 6—Fees and fines 15 Fees payable in relation to officers or employees of State acting as delegates 16 Infringement notice fines 17 Fines, fees etc not otherwise payable to State Part 7—Miscellaneous 18 Things done for multiple purposes 19 Reference in Commonwealth law to a provision of another law 20 Regulations Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Law 4 Law binds the Crown 5 Extended geographical jurisdiction—category A 6 Definitions 7 Definition of domestic commercial vessel 8 Definition of vessel Part 2—The National Marine Safety Regulator 9 The National Marine Safety Regulator 10 Functions of the National Regulator 11 Delegation Part 3—General safety duties relating to domestic commercial vessels Division 1—Duties of owners 12 Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations 13 Offences relating to contraventions of section 12 Division 2—Duties of designers, builders, suppliers etc 14 Duty relating to design, manufacture etc of domestic commercial vessels 15 Offences relating to contraventions of section 14 Division 3—Duties of masters 16 Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations 17 Duty of masters of domestic commercial vessels to take reasonable care for safety of persons 18 Offences relating to contraventions of section 16 or 17 Division 4—Duties of crew 19 Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc 20 Offences relating to contraventions of section 19 Division 5—Duties of passengers 21 Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc 22 Offences relating to contraventions of section 21 Division 6—Other duties 23 Duty of persons relating to safety of persons on domestic commercial vessels, etc 24 Offences relating to contraventions of section 23 25 Duty of persons in relation to domestic commercial vessels 26 Offences relating to contraventions of section 25 Division 7—General provisions 27 Determining what is reasonably practicable to ensure safety 28 Functions and powers of marine safety inspectors not affected 29 Requirements imposed by this Part do not limit one another Part 4—Vessel identifiers and certificates for vessels and seafarers Division 1—Unique identifiers 30 Person may apply for unique identifier 31 Issue of unique identifier 32 Offence—operating etc a vessel without a unique identifier (owner) 33 Offence—operating etc a vessel without a unique identifier (master) 34 Offence—display etc of a unique identifier (owner) 35 Offence—display etc of unique identifier (master) 36 Offence—removal or alteration of a unique identifier Division 2—Certificates of survey 37 Person may apply for a certificate of survey 38 Issue of certificate of survey 39 Person may apply for variation, suspension or revocation of a certificate of survey 40 Variation of certificate of survey 41 Suspension of certificate of survey 42 Revocation of certificate of survey 43 Offence—operating etc a vessel without a certificate of survey (owner) 44 Offence—operating etc a vessel without a certificate of survey (master) 45 Offence—breach of a condition of a certificate of survey (owner) 46 Offence—breach of a condition of a certificate of survey (master) Division 3—Certificates of operation 47 Person may apply for a certificate of operation 48 Issue of certificate of operation 49 Person may apply for variation, suspension or revocation of a certificate of operation 50 Variation of certificate of operation 51 Suspension of certificate of operation 52 Revocation of certificate of operation 53 Offence—operating etc a vessel without a certificate of operation (owner) 54 Offence—operating etc a vessel without a certificate of operation (master) 55 Offence—breach of a condition of a certificate of operation (owner) 56 Offence—breach of a condition of a certificate of operation (master) 57 Obligation to notify National Regulator of certain matters Division 4—Certificates of competency 58 Regulations may provide for certificate of competency 59 Individual may apply for a certificate of competency 60 Issue of certificate of competency 61 Person may apply for variation, suspension or revocation of a certificate of competency 62 Variation of certificate of competency 63 Suspension of certificate of competency 64 Revocation of certificate of competency 65 Offence—owner causing etc performance of duties or functions without a certificate of competency 66 Offence—person performing duties or functions without a certificate of competency 67 Offence—master causing etc performance of duties or functions without a certificate of competency 68 Offence—owner causing etc breach of a condition of a certificate of competency 69 Offence—breach of a condition of a certificate of competency by any person 70 Offence—master causing etc breach of a condition of a certificate of competency Division 5—General matters relating to unique identifiers and certificates 71 National Regulator may require information 72 National Regulator must give a show cause notice before varying, suspending or revoking a certificate 73 National Regulator may recognise certificates 74 Fit and proper person 75 Regulations may provide for matters relating to certificates and unique identifiers 76 Regulations may provide for matters relating to applications for certificates and unique identifiers 77 Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers 78 Regulations may make provision in relation to renewal and transfer of certificates 79 Regulations may require display of certificates 80 Regulations may provide for certificate of operation for persons 81 Effect of certificate of operation for persons 82 Defeasibility 83 Certificates etc to be made available 84 National Regulator may require delivery of revoked certificates Part 5—Assistance and reporting requirements 85 Obligation to render assistance 86 Obligation to render assistance if requisitioned 87 Obligation to record requests for assistance 88 Reporting of marine incidents to National Regulator (owner) 89 Reporting of marine incidents to National Regulator (master) 90 Evidence of marine incidents Part 6—Powers of marine safety inspectors Division 1—Appointment of marine safety inspectors etc 91 Appointment of marine safety inspectors 92 Identity cards 93 False representation about being a marine safety inspector 94 Obstructing or hindering a marine safety inspector Division 2—Entry, search, seizure, detention and information gathering powers Subdivision 1—Powers to facilitate boarding with or without consent or warrant 95 Requirement to facilitate boarding 96 Entering certain premises for access to domestic commercial vessel Subdivision 2—Powers relating to vessels, exercisable without consent or warrant 97 Boarding a vessel 98 Requiring master of a vessel to answer questions about the nature of the vessel 99 Monitoring domestic commercial vessels 100 Sampling, securing or seizing things found using vessel monitoring powers 101 Detaining domestic commercial vessels 102 Offence—not complying with requirement made under section 99 Subdivision 3—Powers relating to any premises, exercisable with consent or warrant 103 Entering premises with consent or under warrant 104 Monitoring premises 105 Enforcement powers 106 Requiring persons on premises entered under warrant to answer questions and produce documents 107 Using force in executing a warrant 108 Relationship with Subdivision B Division 3—Other powers 109 Giving directions 110 Issuing improvement notices 111 Issuing prohibition notices 112 Copies of notices to be displayed and distributed 113 Notices not to be tampered with or removed Division 4—Persons assisting marine safety inspectors 114 Persons assisting marine safety inspectors Division 5—Obligations and incidental powers of marine safety inspectors 115 Consent 116 Announcement before entry under warrant 117 Marine safety inspector to be in possession of warrant 118 Details of warrant etc to be given to occupier 119 Completing execution of warrant after temporary cessation 120 Completing execution of warrant stopped by court order 121 Expert assistance to operate electronic equipment 122 Compensation for damage to electronic equipment 123 Extending period for which something is secured 124 Offence—interfering with securing of thing Division 6—Occupier's rights and responsibilities 125 Occupier entitled to observe execution of warrant 126 Occupier to provide marine safety inspector with facilities and assistance Division 7—General provisions relating to seizure and detention 127 Copies of seized things to be provided 128 Receipts for seized things 129 Return of seized things 130 Magistrate may permit a thing to be retained 131 Costs of detention 132 Disposal of seized things and detained vessels 133 Compensation for acquisition of property Division 8—Warrants 134 Monitoring warrants 135 Enforcement warrants 136 Enforcement warrants by telephone, fax etc 137 Offence relating to warrants by telephone, fax etc Part 7—Infringement notices 138 Infringement notices Part 8—General matters Division 1—Review of decisions 139 Reviewable decisions 140 Internal review of reviewable decisions 141 Applications for AAT review 142 Review of decisions made under the regulations Division 2—Exemptions 143 Power of exemption 144 Offence of breaching a condition of exemption (owner) 145 Offence of breaching a condition of exemption (master) 146 Offence of breaching a condition of exemption (all persons) Division 3—Application of National Law to certain bodies 147 Treatment of partnerships 148 Treatment of unincorporated associations 149 Treatment of trusts with multiple trustees Division 4—Fees 150 Charging of fees by the National Regulator 151 Charging of fees by accredited persons Division 5—Disclosure of information 152 Disclosure of information by certain persons to the National Regulator Division 6—Immunity from suit 153 Immunity from suit Division 7—Matters relating to evidence and proceedings, etc 154 National Regulator may require certain information 155 Offence not to give information 156 Evidentiary certificates 157 Burden of proving certain matters lies on defendant Division 8—Adverse publicity orders 158 Adverse publicity orders Division 9—Regulations and other legislative instruments 159 Regulations 160 Regulations may prescribe matters relating to accreditation and approval 161 Offence of contravening a condition of accreditation 162 Regulations may prescribe penalties etc 163 Legislative instruments other than regulations 164 Incorporation of material, etc 165 Regulations may deal with transitional matters Schedule 2—Related amendments and transitional provisions Part 1—Preliminary 1 Amendment provisions 2 Regulations may make further transitional or savings provisions Part 2—Amendment of Harbors and Navigation Act 1993 3 Amendment of Act 4 Amendment of section 4—Interpretation 5 Insertion of section 6A 6A Application of Act to certain vessels 6 Repeal of section 7 7 Amendment of heading to Part 2 Division 2 8 Amendment of section 14—Powers of authorised person 9 Amendment of section 28C—General responsibility of port operator 10 Amendment of section 35—Compulsory pilotage 11 Repeal of Part 6 12 Substitution of heading to Part 7 13 Amendment of section 46—Vessels to which this Part applies 14 Amendment of section 47—Requirement for boat operator's licence, exemption or permit 15 Insertion of section 47A 47A Requirements for operators of hire and drive vessels 16 Amendment of section 48—Issue of boat operator's licence or exemption 17 Amendment of section 49—Cancellation of boat operator's licence by court 18 Amendment of section 50—Cancellation of boat operator's licence by CE 19 Amendment of heading to Part 9 20 Amendment of section 54—Application of Division 21 Amendment of section 55—Registration 22 Repeal of Part 9 Divisions 2 and 3 23 Amendment of section 64A—Application of Division 24 Amendment of section 65—General requirements 25 Amendment of section 65A—Requirement to have emergency position indicating radio beacon 26 Amendment of section 66—Power to prohibit use etc of unsafe vessel 27 Amendment to section 67—Minister's power to act in an emergency 28 Substitution of heading to Part 10 Division 2 29 Amendment of section 68—CE may require survey 30 Amendment of section 75—Casualties to be reported 31 Amendment of section 78—Enquiries into casualties 32 Amendment of section 79—Enquiries into misconduct or incompetence 33 Amendment of section 80—Review of administrative decisions 34 Amendment of heading to Part 13 35 Amendment of section 81—Application of Navigation Act 2012 36 Amendment of section 82—Agreement between the Commonwealth and the State 37 Amendment of section 83—Exemptions 38 Amendment of section 87—Evidentiary provision 39 Amendment of section 90—Fees and charges to be paid into separate fund 40 Insertion of section 90AA 90AA Facilities levy 41 Amendment of section 90A—Facilities Fund 42 Substitution of section 91 91 Regulations Part 3—Transitional provision 43 Transitional provision Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013. 2—Commencement This Act will come into operation on a day to be fixed by proclamation. 3—Purposes of Act (1) The purpose of this Act is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels. (2) Accordingly, this Act— (a) applies the Commonwealth domestic commercial vessel national law as a law of this State; and (b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth. 4—Interpretation (1) In this Act— applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of this State because of section 5; Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments: (a) the Administrative Appeals Tribunal Act 1975 (excluding Part IVA); (b) the Freedom of Information Act 1982; (c) the Ombudsman Act 1976; (d) the Privacy Act 1988; (e) the regulations and other legislative instruments in force under any of those Acts; Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments: (a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth); (b) the regulations and other legislative instruments in force under that law; (c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that law; function includes a duty. (2) Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law. (3) For the purposes of this Act, a reference to a Commonwealth Act includes a reference to— (a) that Commonwealth Act, as amended and in force for the time being; and (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being. Part 2—Applied provisions 5—Application of Commonwealth laws as laws of this State (1) The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of this State. (2) The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which this State may make laws— (a) whether or not the Commonwealth may make laws in relation to those matters; and (b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws. (3) Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law. (4) The regulations may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law— (a) made by a law of the Commonwealth; and (b) specified in the regulations, had not taken effect. 6—Interpretation of Commonwealth domestic commercial vessel national law (1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act (as the case requires). (2) The Acts Interpretation Act 1915 does not apply to the applied provisions. Part 3—Functions and powers under applied provisions 7—Functions and powers of National Regulator and other authorities and officers The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth. 8—Delegations by the National Regulator Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions. Part 4—Offences 9—Object of Part (1) The object of this Part is to further the purposes of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth. (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)— (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) infringement notices in connection with offences; and (h) liability to make reparation in connection with offences; and (i) proceeds of crime; and (j) spent convictions. (3) For the purposes of this Part, a reference to offences includes a reference to contraventions for which a civil penalty may be imposed. 10—Application of Commonwealth criminal laws to offences against applied provisions (1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State. (2) For the purposes of a law of this State, an offence against the applied provisions— (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and (b) is taken not to be an offence against the laws of this State. (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations. 11—Functions and powers conferred on Commonwealth officers and authorities relating to offences (1) A Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions. (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law. 12—No double jeopardy for offences against applied provisions If— (a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and (b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law, the offender is not liable to be punished for the offence under the applied provisions. Part 5—Administrative laws 13—Application of Commonwealth administrative laws to applied provisions (1) The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State. (2) For the purposes of a law of this State, a matter arising in relation to the applied provisions— (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of this State. (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations. (4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect. (5) For the purposes of this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. 14—Functions and powers conferred on Commonwealth officers and authorities (1) A Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions. (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law. Part 6—Fees and fines 15—Fees payable in relation to officers or employees of State acting as delegates The Governor may make regulations for or with respect to fees payable to this State in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of this State or an agency of this State. 16—Infringement notice fines Any amount paid to this State by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is (subject to any refund payment under section 10(2) of that Act) payable into the Consolidated Account. 17—Fines, fees etc not otherwise payable to State (1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth. (2) Subsection (1) does not apply to any fees referred to in section 15. Part 7—Miscellaneous 18—Things done for multiple purposes The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law. 19—Reference in Commonwealth law to a provision of another law For the purposes of section 10 and section 13, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections. 20—Regulations (1) The Governor may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or the applied provisions. (2) The regulations may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or other specified person or body. Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law Part 1—Preliminary 1—Short title This Law may be cited as the Marine Safety (Domestic Commercial Vessel) National Law. 2—Commencement This Law commences as a law of this jurisdiction as provided by the Act of this jurisdiction that applies this Law as a law of this jurisdiction. 3—Objects of Law The objects of this Law are as follows: (a) to form a part of a cooperative scheme between the Commonwealth, the States and the Northern Territory that provides a single national framework for ensuring the safe operation, design, construction and equipping of domestic commercial vessels; (b) to implement Australia's international obligations in relation to the safety of domestic commercial vessels; (c) to facilitate the development of a safety culture that will prevent, or mitigate the effects of, marine incidents; (d) to provide a framework for the development and application of consistent national standards relating to the operation, design, construction and equipping of domestic commercial vessels; (e) to enhance the efficient and orderly operation of domestic commercial vessels; (f) to provide an effective enforcement framework. 4—Law binds the Crown (1) This Law binds the Crown in each of its capacities. (2) This Law does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 5—Extended geographical jurisdiction—category A Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Law. 6—Definitions In this Law— accredited person means a person who is accredited in accordance with regulations made for the purposes of section 160; acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth; agency— (a) of the Commonwealth, includes the following: (i) an Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth; (ii) a body corporate established for a public purpose by or under a law of the Commonwealth; and (b) of a State or a Territory, includes the following: (i) a Department of State (however described) of the State or Territory; (ii) a body corporate established for a public purpose by or under a law of the State or Territory. approved training organisation means a training organisation that is approved in accordance with regulations made for the purposes of section 160; certificate means any of the following: (a) a certificate of operation; (b) a certificate of survey; (c) a certificate of competency; certificate of competency means a certificate issued under section 60; certificate of operation means a certificate issued under section 48; certificate of survey means a certificate issued under section 38; close quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision; COAG means the Council of Australian Governments; COAG Council means the council established by COAG that has responsibility for marine safety; Commonwealth Minister means the Minister of State of the Commonwealth administering this Law; company has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth; Note— Under the Income Tax Assessment Act 1997 of the Commonwealth, company includes an unincorporated association or body of persons. crew of a vessel means individuals employed or engaged in any capacity on board the vessel on the business of the vessel, other than the master of the vessel or a pilot; Criminal Code means the Criminal Code of the Commonwealth; defence vessel means a warship or other vessel that— (a) is operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and (b) bears external marks of nationality; and (c) is manned by seafarers under armed forces discipline (however described); domestic commercial vessel see section 7; enforcement powers see section 105; enforcement warrant means— (a) a warrant issued under section 135; or (b) a warrant signed by a magistrate under section 136; entity means any of the following: (a) an individual; (b) a company; (c) a trust; (d) a partnership; (e) a corporation sole; (f) a body politic; evidential material means— (a) a thing with respect to which an offence against this Law has been committed or is suspected, on reasonable grounds, of having been committed; or (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Law; or (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Law; foreign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth; general monitoring powers see section 104; hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants; hirer of a hire and drive vessel means— (a) a person who hires the vessel; or (b) a person, other than the owner of the vessel or a person acting on the owner's behalf, who operates the vessel while it is under hire; improvement notice means an improvement notice issued under section 110; infringement notice means— (a) a notice that— (i) is given under regulations made for the purposes of section 138 to a person alleged to have committed an offence against this Law; and (ii) states that if the person pays a specified amount within a specified period the person will not be liable to be prosecuted for the offence; or (b) a notice that— (i) is given under regulations made for the purposes of section 162(3) to a person alleged to have contravened a provision described in that subsection; and (ii) states that if the person pays a specified amount within a specified period the person will not be liable to proceedings for a civil penalty for the contravention; just terms has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth; marine incident means any of the following: (a) a death of, or injury to, a person associated with the operation or navigation of a domestic commercial vessel; (b) the loss or presumed loss of a domestic commercial vessel; (c) a collision of a domestic commercial vessel with another vessel; (d) a collision by a domestic commercial vessel with an object; (e) the grounding, sinking, flooding or capsizing of a domestic commercial vessel; (f) a fire on board a domestic commercial vessel; (g) a loss of stability of a domestic commercial vessel that affects the safety of the vessel; (h) the structural failure of a domestic commercial vessel; (i) a close quarters situation; (j) an event that results in, or could have resulted in— (i) the death of, or injury to, a person on board a domestic commercial vessel; or (ii) the loss of a person from a domestic commercial vessel; or (iii) a domestic commercial vessel becoming disabled and requiring assistance; (k) the fouling or damaging by a domestic commercial vessel of— (i) any pipeline or submarine cable; or (ii) any aid to navigation within the meaning of the Navigation Act 2012 of the Commonwealth; (l) a prescribed incident involving a domestic commercial vessel; marine safety equipment means equipment designed or used to prevent a marine incident, or mitigate the consequences of a marine incident, and includes, but is not limited to, the following things carried or installed on a domestic commercial vessel: (a) personal flotation devices; (b) telecommunications systems; (c) flares and other devices that can be used to attract attention to the vessel or indicate the vessel's position; (d) position identification systems; (e) anchors and other devices that may be used to maintain the vessel's position or stability; (f) oars and other alternative means of propulsion; (g) fire extinguishers; (h) lights; (i) thermal protective aids; (j) such other equipment as is prescribed by the regulations; marine safety inspector means— (a) a person appointed as an inspector under section 91; or (b) a member of the Australian Federal Police; or (c) a member of the police force (however described) of a State or a Territory; monitoring warrant means a warrant issued under section 134; National Marine Safety Regulator see section 9; National Regulator see section 9; National Standard for Commercial Vessels means the National Standard for Commercial Vessels adopted by— (a) the COAG Council; or (b) if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph; occupier in relation to premises, includes— (a) a person who apparently represents the occupier of the premises; and (b) if the premises are a vessel—the master of the vessel; offence against this Law includes an offence against the Crimes Act 1914 of the Commonwealth or the Criminal Code that relates to this Law; operate a vessel means— (a) determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway; or (b) load or unload the vessel when it is moored or berthed; owner of a vessel includes— (a) a person who has a legal or beneficial interest in the vessel, other than as a mortgagee; and (b) a person with overall general control and management of the vessel, for this purpose, a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel; partnership has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth; personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; person assisting a marine safety inspector: see section 114; pilot means a person who does not belong to, but has the conduct of, a vessel; premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b); prohibition notice means a prohibition notice issued under section 111; regulated Australian vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth; reviewable decision see section 139; this Law includes the regulations and any other legislative instrument made under this Law; trust means a person in the capacity of trustee or, as the case requires, a trust estate; trustee has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth; Uniform Shipping Laws Code means the Uniform Shipping Laws Code adopted by— (a) the COAG Council; or (b) if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph; unique identifier in relation to a vessel, means a unique identifier issued under section 31; unsafe vessel means a vessel that is likely to endanger any person for any reason, including because of— (a) the condition or equipment of the vessel; or (b) the manner or place in which cargo or equipment on the vessel is stowed or secured; or (c) the nature of the cargo; or (d) the overloading of the vessel with people or cargo (including the submergence of the vessel's load line); or (e) the number of its crew or the qualifications of its crew or master; vessel see section 8; vessel monitoring powers see section 99; warrant means a monitoring warrant or an enforcement warrant. 7—Definition of domestic commercial vessel (1) In this Law— domestic commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity. (2) The use of a vessel in connection with an activity that is not a commercial, governmental or research activity at the same time as the vessel is used in connection with a commercial, governmental or research activity does not prevent the vessel from being a domestic commercial vessel. (3) Despite subsection (1), a vessel is not a domestic commercial vessel if the vessel— (a) is a regulated Australian vessel; or (b) is a foreign vessel; or (c) is a defence vessel; or (d) is owned by— (i) a primary or secondary school; or (ii) a community group of a kind prescribed by the regulations. Note— Generally an Australian vessel will be a regulated Australian vessel if it voyages outside Australia's exclusive economic zone at any time. Regulated Australian vessels are dealt with by the Navigation Act 2012 of the Commonwealth rather than this Law. (4) Despite subsection (3)(d), a vessel covered by that subsection is a domestic commercial vessel at any time when it is being used for— (a) a purpose prescribed by the regulations; or (b) an activity prescribed by the regulations. (5) Despite subsections (1) and (2), the regulations may provide as follows: (a) that a specified thing, or a thing included in a specified class, is a domestic commercial vessel; (b) that a specified thing, or a thing included in a specified class, is not a domestic commercial vessel. (6) Regulations made for the purposes of subsection (3)(d)(ii) may prescribe a kind by reference to a decision of the National Regulator. (7) A vessel in the course of construction is a domestic commercial vessel if the vessel is, after completion, for use as a domestic commercial vessel. (8) For the purposes of subsection (7), a vessel that has been launched, but has not been completed and delivered under the relevant building contract, is taken to be a vessel in the course of construction. 8—Definition of vessel (1) In this Law— vessel means a craft for use, or that is capable of being used, in navigation by water, however propelled or moved, and includes an air cushion vehicle, a barge, a lighter, a submersible, a ferry in chains and a wing in ground effect craft. (2) Despite subsection (1), none of the following is a vessel: (a) an aircraft; (b) a thing that is a facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth. (3) Despite subsections (1) and (2), the regulations may provide as follows: (a) that a specified thing, or a thing included in a specified class, is a vessel; (b) that a specified thing, or a thing included in a specified class, is not a vessel. Part 2—The National Marine Safety Regulator 9—The National Marine Safety Regulator The Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to in this Act as the National Regulator). Note— The Australian Maritime Safety Authority is established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth. Section 10 of that Act sets out the general powers of the Authority. 10—Functions of the National Regulator The National Regulator has the following functions: (a) to make and maintain Marine Orders made under section 163; (b) to develop and maintain national standards, guidelines and codes of practice relating to marine safety; (c) to issue unique identifiers and certificates for the purposes of this Law and perform other functions in relation to such identifiers and certificates; (d) to accredit persons and approve training organisations for the purposes of this Law; (e) to undertake investigation, monitoring and enforcement activities under or for the purposes of this Law; (f) to consult appropriate authorities of the States and Territories, and other persons, associations and organisations, on matters related to the activities of the National Regulator; (g) to collect and distribute information, and provide advice, to— (i) the Commonwealth Minister; and (ii) the States and Territories; and (iii) the public, on matters related to the activities of the National Regulator and the operation of this Law; (h) to develop or commission education programs relating to marine safety; (i) to collect, analyse and disseminate data relating to marine safety; (j) such other functions as are conferred on the National Regulator by this Law or any other law (including a law of the Commonwealth, a State or the Northern Territory); (k) to perform functions incidental to any of the previously described functions. 11—Delegation (1) The National Regulator may, by writing, delegate one or more of the National Regulator's powers or functions under this Law to one or more of the following: (a) an officer or employee of an agency of the Commonwealth; (b) an officer or employee of an agency of a State or the Northern Territory. (2) A delegate of the National Regulator is subject to the National Regulator's directions in the exercise of delegated powers and the performance of delegated functions. (3) A person (the delegate) to whom a power or function is delegated under subsection (1) may, by writing, sub‑delegate that power or function to another officer or employee (the sub‑delegate) of the agency of which the delegate is an officer or employee. (4) A sub‑delegate is subject to the directions of the delegate in the exercise of delegated powers and the performance of delegated functions. (5) If the delegate is subject to a direction by the National Regulator in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (3), the delegate must give a corresponding direction to the sub‑delegate. (6) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply to a sub delegation in the same way as they apply to a delegation. (7) The National Regulator must not delegate a power or function under subsection (1) to an officer or employee of an agency of a State or the Northern Territory without the agreement of the State or the Northern Territory, as the case requires. Part 3—General safety duties relating to domestic commercial vessels Division 1—Duties of owners 12—Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations (1) An owner of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of— (a) the vessel; and (b) marine safety equipment that relates to the vessel; and (c) the operation of the vessel. (2) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if— (a) the owner does not provide or maintain the vessel so that the vessel is, so far as reasonably practicable, safe; or (b) the owner does not implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe; or (c) the owner does not provide, so far as reasonably practicable, such information, instruction, training or supervision to people on board the vessel as is necessary to ensure their safety. (3) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if— (a) the owner operates the vessel, or causes or allows the vessel to be operated; and (b) the vessel is an unsafe vessel. (4) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if the owner prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel. 13—Offences relating to contraventions of section 12 (1) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1); and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1); and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. Division 2—Duties of designers, builders, suppliers etc 14—Duty relating to design, manufacture etc of domestic commercial vessels A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a domestic commercial vessel, or marine safety equipment that relates to such a vessel, must— (a) ensure, so far as reasonably practicable, that the vessel or equipment is safe if used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and (b) either— (i) carry out, or arrange the carrying out of, such testing and examination as may be necessary for compliance with paragraph (a); or (ii) ensure that such testing and examination has been carried out; and (c) take such action as is necessary to ensure that there will be available, in connection with the use of the vessel or equipment, adequate information about— (i) the use for which the vessel or equipment was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and (ii) the results of any testing or examination referred to in paragraph (b); and (iii) any conditions necessary to ensure the vessel or equipment is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be. 15—Offences relating to contraventions of section 14 (1) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14; and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14; and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14; and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14. Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. Division 3—Duties of masters 16—Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations (1) The master of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of— (a) the vessel; and (b) marine safety equipment that relates to the vessel; and (c) the operation of the vessel. (2) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if the master does not, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel. (3) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if— (a) the master operates the vessel, or causes or allows the vessel to be operated; and (b) the vessel is an unsafe vessel. (4) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if, when carrying out duties as master or doing anything in relation to the vessel, the master interferes with or misuses anything provided on the vessel in the interests of the safety of the vessel. (5) Subsection (1) does not apply if— (a) the vessel is a hire and drive vessel being used wholly for recreational purposes; and (b) the master of the vessel is a hirer of the vessel. 17—Duty of masters of domestic commercial vessels to take reasonable care for safety of persons (1) The master of a domestic commercial vessel must, when carrying out duties as master of the vessel— (a) take reasonable care for his or her own safety; and (b) take reasonable care for the safety of persons who may be affected by his or her acts or omissions. (2) The master of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as master of the vessel. (3) Subsections (1) and (2) do not apply if— (a) the vessel is a hire and drive vessel being used wholly for recreational purposes; and (b) the master of the vessel is a hirer of the vessel. 18—Offences relating to contraventions of section 16 or 17 (1) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2); and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2); and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. Division 4—Duties of crew 19—Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc (1) A member of the crew of a domestic commercial vessel, when carrying out duties as a member of the crew, must— (a) take reasonable care for his or her own safety; and (b) take reasonable care for the safety of persons who may be affected by his or her acts or omissions; and (c) comply with any reasonable and lawful directions of the master of the vessel or a supervisor. (2) A member of the crew of a domestic commercial vessel must not interfere with or misuse anything provided on the vessel in the interests of the safety of the vessel. (3) A member of the crew of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as a member of the crew. (4) Without limiting subsection (1), a member of the crew of a domestic commercial vessel contravenes that subsection if the member of the crew prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel. 20—Offences relating to contraventions of section 19 (1) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 19(1), (2) or (3); and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 19(1), (2) or (3); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 19(1), (2) or (3); and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 19(1), (2) or (3). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. Division 5—Duties of passengers 21—Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc (1) A passenger on board a domestic commercial vessel must— (a) take reasonable care for his or her safety; and (b) comply with any reasonable and lawful directions of the master or a member of the crew of the vessel, if the passenger has been advised that non‑compliance may constitute an offence. (2) A passenger on board a domestic commercial vessel must not interfere with or misuse anything provided on the vessel in the interests of the safety of the vessel. (3) A passenger on board a domestic commercial vessel must not unreasonably place at risk the safety of another person. (4) Without limiting subsection (1), a passenger on board a domestic commercial vessel contravenes that subsection if the passenger prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel. 22—Offences relating to contraventions of section 21 (1) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 21(1), (2) or (3); and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 12 months or 200 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 21(1), (2) or (3); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 160 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 21(1), (2) or (3). Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 21(1), (2) or (3). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. Division 6—Other duties 23—Duty of persons relating to safety of persons on domestic commercial vessels, etc (1) A person embarking on, on board or disembarking from a domestic commercial vessel must take reasonable care for his or her own safety. (2) Without limiting subsection (1), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of the person. (3) A person must take reasonable care that his or her acts and omissions do not adversely affect the safety of another person if that other person— (a) is on board a domestic commercial vessel; or (b) is taking an action connected with a domestic commercial vessel. (4) Without limiting subsection (3), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of another person referred to in that subsection. 24—Offences relating to contraventions of section 23 (1) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 23(1) or (3); and (c) the person intends the act or omission to be a risk to the safety of a person. Penalty: Imprisonment for 12 months or 200 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 23(1) or (3); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person. Penalty: 160 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 23(1) or (3); and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person. Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 23(1) or (3). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. 25—Duty of persons in relation to domestic commercial vessels (1) A person must not unreasonably cause, or do an act or omit to do an act that may cause, the loss or destruction of, or serious damage to, a domestic commercial vessel. (2) A person must take such actions as are reasonably practicable to prevent the loss or destruction of, or serious damage to, a domestic commercial vessel. (3) Without limiting subsection (1), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of the vessel. 26—Offences relating to contraventions of section 25 (1) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 25(1)or (2); and (c) the person intends the act or omission to cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned. Penalty: Imprisonment for 12 months or 200 penalty units, or both. (2) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 25(1) or (2); and (c) the person is reckless as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned. Penalty: 160 penalty units. (3) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 25(1) or (2); and (c) the person is negligent as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if— (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 25(1) or (2). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note— For strict liability, see section 6.1 of the Criminal Code. Division 7—General provisions 27—Determining what is reasonably practicable to ensure safety In this Law, reasonably practicable, in relation to a duty imposed upon a person to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring safety, taking into account and weighing up all relevant matters, including— (a) the likelihood of the hazard or risk concerned eventuating; and (b) the degree of harm that might result from the hazard or risk concerned eventuating; and (c) what the person concerned knows, or ought reasonably to know, about— (i) the hazard or the risk concerned; and (ii) ways of eliminating or minimising the hazard or risk concerned; and (d) the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and (e) after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned. 28—Functions and powers of marine safety inspectors not affected To avoid doubt, subsections 21(4), 23(2) and (4) and 25(3) do not affect the performance of a function or the exercise of a power under this