Legislation, In force, Western Australia
Western Australia: Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 (WA)
An Act to regulate navigation of, and to provide for the safe use of, waters in or relating to the State, and for related purposes.
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.
Part 1 — Preliminary
1. Short title
This is the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023.
2. Commencement
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
3. Purpose of Act
(1) The purpose of this Act is to adopt in the 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 the State, subject to the disallowance processes under Part 2; and
(b) provides for the Commonwealth domestic commercial vessel national law and the applied provisions of the 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. Terms used
(1) In this Act —
amend includes replace;
amending Act means a Commonwealth Act to the extent that it amends the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth and that receives the Royal Assent on or after 15 May 2023;
applied provisions means the Domestic Commercial Vessel National Law that applies as a law of the State because of section 6;
commencement day means the day on which section 6 comes into operation;
Commonwealth administrative laws means the following —
(a) the Administrative Appeals Tribunal Act 1975 (Commonwealth) (excluding Part IVA);
(b) the Freedom of Information Act 1982 (Commonwealth);
(c) the Ombudsman Act 1976 (Commonwealth);
(d) the Privacy Act 1988 (Commonwealth);
(e) the legislative instruments in force under those Acts;
Commonwealth domestic commercial vessel national law means the provisions of the following Acts or legislative instruments —
(a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth;
(b) the legislative instruments in force under that Law;
(c) any other provision of a Commonwealth Act (or of a 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;
legislative instrument means a regulation or other legislative instrument;
Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth means the provisions applying as a law of the Commonwealth because of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) section 4;
Scheduled Law means the Marine Safety (Domestic Commercial Vessel) National Law set out in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) Schedule 1.
(2) A reference in this Act to a legislative instrument under the Scheduled Law is a reference to a legislative instrument to the extent made or amended —
(a) under the Scheduled Law; or
(b) by a provision of a Commonwealth Act for the purposes of the Scheduled Law.
(3) 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.
5. Act binds Crown
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Part 2 — Applied provisions
6. Application of Domestic Commercial Vessel National Law as State law
(1) For the purposes of this section, the Domestic Commercial Vessel National Law consists of —
(a) the Scheduled Law as in force on 15 May 2023 and as amended by each provision that —
(i) is in an amending Act that has effect for the purposes of this Part under section 8; and
(ii) has come into operation for the purposes of this Part under section 9;
and
(b) subject to section 12, the legislative instruments for the time being in force under the Scheduled Law; and
(c) subject to section 16, any provision of a Commonwealth Act for the time being in force, or of a legislative instrument for the time being in force under a Commonwealth Act, that is of a savings or transitional nature consequent on the enactment or amendment of the Scheduled Law.
(2) The Domestic Commercial Vessel National Law applies as a law of the State.
(3) The Domestic Commercial Vessel National Law so applies as if it extended to matters in relation to which the State may make laws —
(a) whether or not the Commonwealth may make laws in relation to those matters; and
(b) even though the terms of the Domestic Commercial Vessel National Law provide that it applies only to specified matters with respect to which the Commonwealth may make laws.
(4) Subsection (3) does not operate to exclude a law of the State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.
(5) Regulations made under section 33 may provide that the Domestic Commercial Vessel National Law applies under this section as if a specified amendment to the Commonwealth domestic commercial vessel national law made by a law of the Commonwealth had not taken effect.
(6) The provisions of the Domestic Commercial Vessel National Law that apply as a law of the State because of this section apply —
(a) to the extent to which they are provisions of a Commonwealth Act — as a part of this Act; and
(b) to the extent to which they are provisions of a legislative instrument — as subsidiary legislation for the purposes of this Act.
7. Tabling amending Acts
An amending Act must be laid before each House of Parliament within 18 sitting days of the House after the day on which the Act receives the Royal Assent.
8. Disallowance of amending Acts
(1) In this section —
disallowance period, in relation to a disallowance resolution of which notice is given in a House of Parliament, means the period of 30 sitting days of the House after the day on which the notice is given;
disallowance resolution means a resolution that an amending Act be disallowed;
notice period, in relation to an amending Act laid before a House of Parliament under section 7, means the period of 14 sitting days of the House after the day on which the amending Act is laid before it.
(2) An amending Act has effect for the purposes of this Part if the amending Act is laid before each House of Parliament under section 7 and either —
(a) no notice of a disallowance resolution is given in either House within the notice period; or
(b) at least 1 notice of a disallowance resolution is given in a House within the notice period and, for each such notice, 1 of the following applies —
(i) the notice is withdrawn or discharged within the disallowance period;
(ii) the disallowance resolution is lost in the House or not agreed to within the disallowance period.
(3) For the purposes of this section and section 7 —
(a) the period specified in section 7, a notice period or a disallowance period continues to run even though a House of Parliament is prorogued or dissolved or expires; and
(b) notice of a disallowance resolution given in a House of Parliament, or a motion that an amending Act be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires.
9. Commencement of provisions of amending Acts
(1) If an amending Act has effect for the purposes of this Part under section 8(2), the Governor must declare that fact by proclamation as soon as practicable.
(2) If a provision of the amending Act has come into operation in the Commonwealth before the proclamation is published —
(a) the proclamation must fix a day on which the provision comes into operation for the purposes of this Part, which must be on or after the day on which the proclamation is published; and
(b) the provision comes into operation for the purposes of this Part on that day.
(3) If a provision of the amending Act has not come into operation in the Commonwealth before the proclamation is published, the provision comes into operation for the purposes of this Part when the provision comes into operation in the Commonwealth.
10. Amending Acts enacted on or after 15 May 2023 but before commencement day
If an amending Act receives the Royal Assent on or after 15 May 2023 but before commencement day, sections 7 to 9 apply to the amending Act as if it received the Royal Assent on commencement day.
11. Tabling of amending Act taken to be publication for Standing Orders
(1) In this section —
parliamentary committee means a committee established by either or both of the Houses of Parliament.
(2) If a Standing Order of a House of Parliament provides that on the publication of an instrument under a written law the instrument is referred to a parliamentary committee for consideration, the laying of an amending Act before the House under section 7 is taken to be publication of the amending Act for the purposes of the Standing Order.
(3) This section does not apply if the Standing Orders of the House provide specifically for an amending Act to be considered by a parliamentary committee.
12. Legislative instruments under Scheduled Law
(1) A legislative instrument made under the Scheduled Law on or after 15 May 2023 has effect for the purposes of its application under section 6(2) subject to sections 13 and 15.
(2) A legislative instrument under the Scheduled Law, to the extent made by a provision of an amending Act, has effect for the purposes of its application under section 6(2) if —
(a) the amending Act has effect for the purposes of this Part under section 8; and
(b) the provision has come into operation for the purposes of this Part under section 9.
Note for this subsection:
The definition of amending Act, in section 4(1), includes that the Act receives the Royal Assent on or after 15 May 2023.
13. Legislative instruments made under or for purposes of amending Act
(1) This section applies to a provision of a legislative instrument made under the Scheduled Law if the provision is made under or for the purposes of —
(a) a provision inserted into the Scheduled Law by a provision of an amending Act; or
(b) a provision of the Scheduled Law as amended by a provision of an amending Act.
(2) The provision of the legislative instrument does not have effect for the purposes of its application under section 6(2) until the later of —
(a) the day on which the provision of the amending Act comes into operation for the purposes of this Part under section 9; and
(b) the day on which the provision of the legislative instrument comes into operation in the Commonwealth.
(3) However, if the amending Act does not have effect for the purposes of this Part under section 8, the provision of the legislative instrument does not have effect for the purposes of its application under section 6(2).
14. Publication of legislative instruments made under Scheduled Law
(1) This section applies to a legislative instrument made under the Scheduled Law on or after 15 May 2023.
(2) The legislative instrument must be published in the Gazette or on the WA legislation website no later than 18 days after the day on which it is made.
(3) If the legislative instrument is made on or after 15 May 2023 but before commencement day, subsection (2) applies as if the legislative instrument were made on commencement day.
15. Tabling and disallowance of legislative instruments under Scheduled Law
(1) This section applies to a legislative instrument made under the Scheduled Law on or after 15 May 2023.
(2) A legislative instrument published under section 14 must be laid before each House of Parliament within 6 sitting days of the House after the day on which the instrument is published.
(3) A legislative instrument ceases to have effect for the purposes of its application under section 6(2) if —
(a) the instrument is not published under section 14; or
(b) the instrument is not laid before each House of Parliament in accordance with subsection (2); or
(c) the instrument is laid before each House of Parliament in accordance with subsection (2) and —
(i) notice of a resolution to disallow the instrument is given in 1 of those Houses within 14 sitting days of the House after the instrument is laid before the House under subsection (2); and
(ii) the resolution to disallow the instrument is agreed to by the House.
(4) A legislative instrument that ceases to have effect under subsection (3) ceases to have effect at the end of the day on which the circumstance in subsection (3)(a), (b) or (c) occurs.
(5) If a resolution is agreed to under subsection (3)(c), notice of the resolution must be published in the Gazette or on the WA legislation website within 21 days after the day on which the motion is passed.
(6) If a legislative instrument (the instrument) ceases to have effect under subsection (3), a legislative instrument that was amended or repealed by the instrument revives, for the purposes of its application under section 6(2), on the day after the day on which the instrument ceases to have effect.
(7) For the purposes of this section —
(a) the period specified in subsection (2) or (3)(c)(i) continues to run even though a House of Parliament is prorogued or dissolved or expires; and
(b) notice of a resolution to disallow a legislative instrument given in a House of Parliament, or a motion that a legislative instrument be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires.
16. Application of savings and transitional provisions consequent on Scheduled Law
(1) This section applies if a provision referred to in section 6(1)(c) (a savings or transitional provision) is consequent on the amendment of the Scheduled Law by a provision of an amending Act.
(2) The savings or transitional provision does not have effect for the purposes of its application under section 6(2) until the later of —
(a) the day on which the provision of the amending Act comes into operation for the purposes of this Part under section 9; or
(b) the day on which the savings or transitional provision comes into operation in the Commonwealth.
(3) However, if the amending Act does not have effect for the purposes of this Part under section 8, the savings or transitional provision does not have effect for the purposes of its application under section 6(2).
17. Interpretation of applied provisions
(1) The Acts Interpretation Act 1901 (Commonwealth) applies as a law of the State in relation to the interpretation of the applied provisions and so applies as if the applied provisions were a Commonwealth Act or were legislative instruments under a Commonwealth Act, as the case requires.
(2) The Interpretation Act 1984 does not apply to the applied provisions.
Part 3 — Functions and powers under applied provisions
18. 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.
19. Delegations by 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
20. Object of Part
(1) The object of this Part is to further the purpose 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, 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, offences include contraventions for which a civil penalty may be imposed.
21. Application of Commonwealth criminal laws to offences against applied provisions
(1) In this section —
relevant Commonwealth criminal law means a law of the Commonwealth relating to a purpose referred to in section 20(2).
(2) The relevant Commonwealth criminal laws apply as laws of the State in relation to an offence against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of the State.
(3) For the purposes of a law of the 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 the applied provisions were a law of the Commonwealth; and
(b) is taken not to be an offence against the laws of the State.
(4) Subsection (3) has effect for the purposes of a law of the State except as provided by the regulations made under section 33.
22. Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1) A Commonwealth law applying because of section 21 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.
23. No double jeopardy for offences against applied provisions
(1) Subsection (2) applies if —
(a) an act or omission is both an offence against 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.
(2) The offender is not liable to be punished for the offence under the applied provisions.
Part 5 — Administrative laws
24. Application of Commonwealth administrative laws to applied provisions
(1) The Commonwealth administrative laws apply as laws of the State to any matter arising in relation to the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of the State.
(2) For the purposes of a law of the 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 the applied provisions were a law of the Commonwealth; and
(b) is taken not to be a matter arising in relation to laws of the State.
(3) Subsection (2) has effect for the purposes of a law of the State except as provided by the regulations made under section 33.
(4) A 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 (Commonwealth) (as that provision applies as a law of the State) 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.
25. Functions and powers conferred on Commonwealth officers and authorities
(1) A Commonwealth administrative law applying because of section 24 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
26. Fees payable to officers or employees of State acting as delegates
(1) In this section —
accredited person includes a person approved by the National Regulator to conduct a final assessment that is a criterion for the issue of a certificate of competency.
(2) Regulations under section 33 may provide for or with respect to fees payable to the 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, or otherwise engaged by, the State or an agency of the State.
27. Infringement notice fines
Any amount paid to the State by the National Regulator under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) section 10 in relation to an infringement notice must (subject to any refund payment under section 10(2) of that Act) be credited to the Consolidated Account.
28. Fines, fees, other money 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 National Regulator.
(2) Subsection (1) does not apply to any fees referred to in section 26.
Part 7 — Miscellaneous
29. 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.
30. Reference in Commonwealth law to provision of another law
For the purposes of sections 21 and 24, 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.
31. References to Domestic Commercial Vessel National Law
(1) In this section —
participating jurisdiction means a State or Territory that applies the Commonwealth domestic commercial vessel national law (whether or not as modified) as a law of that jurisdiction.
(2) A reference in a written law or other instrument to the Domestic Commercial Vessel National Law is a reference to —
(a) the Commonwealth domestic commercial vessel national law; and
(b) the applied provisions; and
(c) the Domestic Commercial Vessel National Law of the other participating jurisdictions, that is, the Commonwealth domestic commercial vessel national law that applies (whether or not as modified) as a law of each of those other jurisdictions.
(3) Subsection (2) applies except so far as the contrary intention appears or the context otherwise requires.
32. Disclosure of information to National Regulator
Without limiting section 152 of the Scheduled Law as applied by section 6(2), information obtained under a written law may be disclosed under that section whether it was obtained before, on or after commencement day.
33. State regulations
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.
34. Review of Act
(1) The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review, as soon as practicable after the 5th anniversary of the day on which this section comes into operation.
(2) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary.
Part 8 — Transitional and savings provisions
35. Transitional regulations
(1) In this section —
publication day, in relation to transitional regulations, means the day on which the transitional regulations are published on the WA legislation website;
transitional regulations means regulations made for the purposes of subsection (2).
(2) Regulations under section 33 may deal with matters of a transitional, savings or application nature arising in connection with the enactment of this Act.
(3) Transitional regulations cannot be made after the end of the period of 2 years beginning on commencement day.
(4) If transitional regulations provide that a state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than publication day, but not earlier than commencement day, the regulations have effect according to their terms.
(5) If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as to —
(a) affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before publication day; or
(b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day.
Part 9 — Western Australian Marine Act 1982 amended
36. Act amended
This Part amends the Western Australian Marine Act 1982.
37. Long title replaced
Delete the long title and insert:
An Act to regulate navigation of, and to provide for the safe use of, waters in or relating to the State, and for related purposes.
38. Part I heading amended
In the heading to Part I delete "Part I —" and insert:
Part 1 —
39. Section 3 amended
(1) In section 3(1) delete the definitions of:
agreement
Australian coastal and middle‑water operations
Australian fishing vessel
Australian ship
boilers and machinery
casualty
commercial vessel
Disciplinary Appeal Tribunal
fishing vessel
floating restaurant
Government vessel
incompetent
inshore operations
Manning Committee
misconduct
Navigation Act
official
offshore operations
ply
port
repealed Act
restricted offshore operations
safety manning
seaman
special personnel
surveyor
trading ship
wages
(2) In section 3(1) delete the definitions of:
inspector
master
officer
pleasure vessel
ship or vessel
(3) In section 3(1) insert in alphabetical order:
authorised person means a person designated under section 117(1) as an authorised person for the purposes of the provision in which the term is used;
detained vessel means a vessel detained under section 61;
domestic commercial vessel has the meaning given in the Scheduled Domestic Commercial Vessel National Law section 7;
foreign vessel has the meaning given in the Navigation Act 2012 (Commonwealth) section 14(1);
former Navigation Act means the Navigation Act 1912 (Commonwealth) as in force before it was repealed;
identity card means an identity card issued under section 118;
infringement notice has the meaning given in section 132(1);
inspector means —
(a) a person designated under section 117(1) as an inspector for the purposes of the provision in which the term is used; or
(b) a member of a class of police officer designated under section 117(2) as inspectors for the purposes of the provision in which the term is used;
marine qualification information has the meaning given in section 107;
master, of a vessel —
(a) means the person who has command or charge of the vessel; but
(b) does not include a pilot;
mooring information has the meaning given in section 107;
officer —
(a) of a body corporate — has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; and
(b) of the Department — means a public service officer in the Department;
personal watercraft —
(a) means a craft that is —
(i) powered by a motor; and
(ii) designed (whether or not exclusively) to be operated by a person on or astride the hull and not within it;
and
(b) includes a craft that was designed (whether or not exclusively) as a personal watercraft but which has been —
(i) modified; or
(ii) transformed into some other sort of vessel;
pleasure vessel —
(a) means a vessel held wholly for the purpose of recreational or sporting activities and not for hire or reward; but
(b) does not include a domestic commercial vessel;
prescribed means prescribed by regulations made under this Act;
prescribed vessel means a vessel that is prescribed, or in a class of vessel prescribed, for the purposes of this definition, other than a regulated Australian vessel, a foreign vessel, a domestic commercial vessel or a pleasure vessel;
regulated Australian vessel has the meaning given in the Navigation Act 2012 (Commonwealth) section 15;
Scheduled Domestic Commercial Vessel National Law means the Marine Safety (Domestic Commercial Vessel) National Law set out in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) Schedule 1;
specified, in relation to a direction (whether or not in writing), order, notice, regulation or other instrument or document under this Act, means specified in the direction, order, notice, regulation, instrument or document;
State waters means —
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State;
territorial sea has the meaning given in the Seas and Submerged Lands Act 1973 (Commonwealth) section 3(1);
vessel, subject to subsection (2) —
(a) means, a craft for use, or that is capable of being used, in navigation by water, however propelled or moved; and
(b) includes an air‑cushion vehicle, a barge, a personal watercraft, a submersible and a wing‑in‑ground effect craft;
vessel information has the meaning given in section 107.
(4) In section 3(1) in the definition of equipment:
(a) delete "ship," and insert:
vessel,
(b) delete "ship" and insert:
vessel
(5) In section 3(1) in the definition of owner:
(a) delete "his" and insert:
their
(b) delete "the manager or secretary of any body corporate or company;" and insert:
an officer of a body corporate;
(6) In section 3(1) in the definition of passenger paragraph (a) delete "vessel, and special personnel; and" and insert:
vessel; and
(7) Delete section 3(2) and insert:
(2) The regulations may specify that a prescribed class of thing is or is not a class of vessel for the purposes of the definition of vessel in subsection (1).
40. Sections 3A and 3B inserted
After section 3 insert:
3A. Vessels and crew to which Act applies
(1) Except as expressly provided otherwise in this Act, this Act applies to and in relation to the following vessels and their owners, masters and crew —
(a) a vessel in State waters;
(b) a vessel connected with the State, wherever it may be, other than a pleasure vessel or prescribed vessel while it is in the waters of another State or a Territory of the Commonwealth.
(2) For the purposes of this section, a vessel is connected with the State if the vessel is —
(a) registered, or required to be registered, under this Act; or
(b) registered under the Shipping Registration Act 1981 (Commonwealth), with a home port in the State; or
(c) owned by a person who is ordinarily resident in the State; or
(d) owned by a person whose place of business, or principal place of business, is in the State; or
(e) owned by a person whose principal place of business for managing the vessel's operations is in the State; or
(f) declared by the regulations to be a vessel connected with the State.
3B. Relationship to Domestic Commercial Vessel National Law
(1) In this section —
applied provisions has the meaning given in the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 4(1);
Commonwealth domestic commercial vessel national law has the meaning given in the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 4(1);
Domestic Commercial Vessel National Law means —
(a) the Commonwealth domestic commercial vessel national law; and
(b) the applied provisions.
(2) The Domestic Commercial Vessel National Law prevails over this Act to the extent of any inconsistency.
41. Section 6 deleted
Delete section 6.
42. Part II replaced
Delete Part II and insert:
Part 2 — Powers of inspectors
Division 1 — Preliminary
6. Terms used
(1) In this Part —
evidential material means a thing that is relevant to an offence (within the meaning of subsection (2)) under this Act;
judicial officer means a magistrate;
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;
official details —
(a) of a police officer — means the officer's surname and rank and, if the officer's official details are required to be stated on a document, the officer's registered number; and
(b) of a public officer — means the officer's full name and official title;
premises includes —
(a) a structure, building, vehicle, vessel or aircraft; and
(b) a place (whether or not enclosed or built on); and
(c) a part of a thing referred to in paragraph (a) or (b);
remote communication means any way of communicating at a distance, including by telephone, email and radio;
warrant means a warrant issued under section 26.
(2) For the purposes of the definition of evidential material, a thing is relevant to an offence if it is relevant to an offence as described in the Criminal Investigation Act 2006 section 5.
Division 2 — General powers
Subdivision 1 — Powers relating to vessels, exercisable without consent or warrant
7. Boarding vessels
(1) An inspector may board a vessel, whether or not the vessel is underway, for 1 or both of the following purposes —
(a) determining whether this Act is being or has been complied with;
(b) exercising any of the powers under this Act that the inspector may exercise in relation to the vessel.
(2) The master of a vessel that an inspector proposes to board must take reasonable steps to facilitate the boarding if required by the inspector to do so.
Penalty for this subsection: a fine of $2 000.
(3) An inspector proposing to board a vessel may enter any premises that are not used as a residence to gain access to the vessel.
(4) If an inspector who boards a vessel or enters premises under this section fails to produce their identity card, or evidence that they are a police officer (if not in uniform), when requested to do so by the master of the vessel or by the occupier of the premises, the inspector —
(a) must leave the vessel or premises; and
(b) must not board the vessel or enter the premises again without producing their identity card or evidence that they are a police officer (if not in uniform).
8. Requiring master of vessel to answer questions about vessel's nature or operations
(1) An inspector may require the master of a vessel —
(a) to answer questions put by the inspector about the nature or operations of the vessel; and
(b) to produce for inspection any books, records or other documents about the nature or operations of the vessel requested by the inspector.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $2 000.
9. Powers in relation to vessels
(1) An inspector may exercise the powers under this section in relation to a vessel for the purposes of determining whether this Act is being or has been complied with.
(2) The inspector may, in relation to the vessel, do 1 or more of the following —
(a) search the vessel or anything on the vessel;
(b) examine or observe any activity conducted on the vessel;
(c) inspect, examine, take measurements of or conduct tests on the vessel or anything on or belonging to the vessel;
(d) take photographs, video recordings or other recordings of the vessel or anything on the vessel;
(e) without limiting section 18, require the production for inspection of any document on the vessel or issued or required to be held under this Act in relation to the vessel;
(f) take extracts from, or make copies of, any document produced under paragraph (e);
(g) take onto the vessel any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the vessel;
(h) require a person on the vessel to demonstrate the operation of machinery or equipment on the vessel;
(i) require a person on the vessel to give the inspector 1 or more of the following —
(i) the person's name;
(ii) the person's residential address;
(iii) the person's date of birth;
(iv) evidence of the person's identity;
(j) require, by any reasonable means, the master of the vessel to do 1 or more of the following —
(i) stop or manoeuvre the vessel;
(ii) adopt or maintain a specified course or speed;
(iii) take the vessel to a specified place.
(3) The inspector may, when on board the vessel, operate electronic equipment on the vessel to determine whether the following contain information that is relevant to the purposes of this section —
(a) the equipment;
(b) an information storage device that —
(i) is on the vessel; and
(ii) can be used with the equipment or is associated with the equipment.
(4) If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on board or leaving the vessel, do 1 or more of the following —
(a) operate electronic equipment on the vessel to put the information in documentary form;
(b) operate electronic equipment on the vessel to transfer the information to an information storage device that —
(i) is brought onto the vessel for that purpose; or
(ii) is on the vessel and the use of which for that purpose has been agreed to in writing by the master of the vessel;
(c) remove the documents or information storage device from the vessel.
(5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(6) A power under subsection (2) may be exercised whether or not the inspector —
(a) is on board the vessel; or
(b) has reasonable grounds for suspecting that there may be evidential material on the vessel.
10. Failing to comply with certain requirements under s. 9
(1) A person who, without reasonable excuse, fails to comply with a requirement under section 9(2)(e), (h), (i) or (j) commits an offence.
Penalty for this subsection: a fine of $5 000.
(2) A person commits an offence if, in response to a requirement made under section 9(2)(i), the person gives a false name, address or date of birth or false evidence of identity.
Penalty for this subsection: a fine of $5 000.
11. Sampling, securing or seizing things found
(1) This section applies if —
(a) a thing is found during the exercise of a power under section 9 in relation to a vessel; and
(b) the inspector believes on reasonable grounds that —
(i) the thing is evidential material; and
(ii) 1 or more of the powers under this section need to be exercised in order to prevent concealment, loss or destruction of the evidential material; and
(iii) the power or powers need to be exercised without a warrant either because of serious and urgent circumstances or because it is not practicable to obtain a warrant.
(2) The inspector may do 1 or more of the following —
(a) take a sample of the thing and remove the sample from the vessel;
(b) secure the thing for up to 72 hours;
(c) subject to subsection (3), seize the thing.
(3) If the thing is equipment or an information storage device that has been operated or used under section 9(3), the inspector may seize the thing only if —
(a) it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in section 9(4)(a) or to transfer all that evidential material as mentioned in section 9(4)(b); or
(b) the inspector believes on reasonable grounds that possession of the equipment or the information storage device could constitute an offence against a law of the State.
(4) In exercising a power under this section, the inspector must, as far as practicable, minimise damage to any property.
Subdivision 2 — Powers relating to premises, exercisable with consent or under warrant
12. Entering premises
(1) An inspector may enter any premises for the purposes of determining whether this Act is being or has been complied with.
(2) An inspector may enter any premises if the inspector has reasonable grounds for suspecting that there may be evidential material on the premises.
(3) Despite subsections (1) and (2), the inspector cannot enter the premises unless —
(a) entry is in accordance with the consent of the occupier of the premises, given under section 24, and, if requested to do so by the occupier, the inspector has produced their identity card or evidence that they are a police officer (if not in uniform); or
(b) the entry is made under a warrant.
Note for this subsection:
Division 4 includes provisions that deal with consent to entry and matters relating to entry under a warrant.
13. Powers of inspectors in relation to premises
(1) An inspector may exercise the powers under this section in relation to premises entered under section 12 for the purposes of determining whether this Act is being or has been complied with (whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the premises).
(2) The inspector may, in relation to the premises, do 1 or more of the following —
(a) search the premises or anything on the premises;
(b) examine or observe any activity conducted on the premises;
(c) inspect, examine, take measurements of or conduct tests on anything on the premises;
(d) take photographs, video recordings or any other recordings of the premises or anything on the premises;
(e) inspect any document on the premises;
(f) take extracts from, or make copies of, any document inspected under paragraph (e);
(g) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the premises.
(3) The inspector may, when on the premises, operate electronic equipment on the premises to determine whether the following contain information that is relevant to the purposes of this section —
(a) the equipment;
(b) an information storage device that —
(i) is on the premises; and
(ii) can be used with the equipment or is associated with the equipment.
(4) If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on or leaving the premises, do 1 or more of the following —
(a) operate electronic equipment on the premises to put the information in documentary form;
(b) operate electronic equipment on the premises to transfer the information to an information storage device that —
(i) is brought to the premises for that purpose; or
(ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;
(c) remove the document or information storage device from the premises.
(5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(6) The inspector may secure a thing on the premises for up to 72 hours if —
(a) the thing is found during the exercise of a power under this section in relation to the premises; and
(b) the inspector believes on reasonable grounds that —
(i) the thing is evidential material; and
(ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and
(iii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.
14. Enforcement powers
(1) An inspector may exercise the powers under this section in relation to premises entered under section 12 if the inspector has reasonable grounds for suspecting that there may be evidential material on premises.
(2) The inspector may, in relation to the premises, do 1 or more of the following —
(a) if entry to the premises is with the occupier's consent — search the premises and anything on the premises for evidential material;
(b) if entry to the premises is under a warrant —
(i) search the premises and anything on the premises for evidential material of the kind specified in the warrant; and
(ii) seize evidential material of that kind;
(c) inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b) (whichever is relevant);
(d) take photographs, video recordings or any other recordings of the premises or evidential material referred to in paragraph (a) or (b) (whichever is relevant);
(e) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the premises;
(f) require a person on the premises to demonstrate the operation of machinery or equipment on the premises.
(3) The inspector may, when on the premises, operate electronic equipment on the premises to determine whether the following contain evidential material referred to in subsection (2)(a) or (b) (whichever is relevant) —
(a) the equipment; or
(b) an information storage device that —
(i) is on the premises; and
(ii) can be used with the equipment or is associated with the equipment.
(4) If evidential material is found in the exercise of a power under this section, the inspector may, when on or leaving the premises, do 1 or more of the following —
(a) operate electronic equipment on the premises to put the evidential material in documentary form;
(b) operate electronic equipment on the premises to transfer the evidential material to an information storage device that —
(i) is brought to the premises for that purpose; or
(ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;
(c) remove the document or information storage device from the premises;
(d) if entry to the premises is under a warrant and the equipment or information storage device referred to in subsection (3) contains evidential material — seize the equipment or information storage device.
(5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(6) The inspector may seize the equipment or information storage device as mentioned in subsection (4)(d) only if —
(a) it is not practicable to put the evidential material in documentary form as mentioned in subsection (4)(a) or to transfer the evidential material to a device as mentioned in subsection (4)(b); or
(b) the inspector believes on reasonable grounds that possession of the equipment or information storage device by the occupier could constitute an offence against a law of the State.
(7) The inspector may seize a thing if —
(a) entry to the premises is under a warrant; and
(b) the inspector, in the course of searching for evidential material of the kind specified in the warrant, finds the thing and the inspector believes on reasonable grounds that the thing is evidential material; and
(c) the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction.
(8) A person who, without reasonable excuse, fails to comply with a requirement under subsection (2)(f) commits an offence.
Penalty for this subsection: a fine of $5 000.
15. Failing to comply with certain requirements of inspectors
(1) An inspector who is on premises that the inspector has entered under a warrant may require any person on the premises to —
(a) answer any questions put by the inspector; and
(b) produce for inspection any books, records or documents requested by the inspector.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $5 000.
16. Using force in executing warrant
In executing a warrant, an inspector may use any force against persons and things that is necessary and reasonable in the circumstances.
17. Relationship with Subdivision 1
(1) This Subdivision does not limit Subdivision 1.
(2) Subdivision 1 does not prevent this Subdivision from applying to premises that are vessels.
Subdivision 3 — Requiring certain documents under Act to be produced for inspection
18. Requiring certain documents to be produced for inspection
(1) An inspector may, in the exercise of a power under this Act, require a person to produce for inspection any licence, permit, certificate or other document issued to or required to be held by the person under this Act.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $5 000.
(3) An inspector may take an extract from, or make a copy of, a document produced under subsection (1).
Division 3 — Directions and improvement notices
19. Power to give directions
(1) An inspector may give a person a direction requiring the person to take any action that is reasonable in the circumstances if the inspector believes on reasonable grounds that —
(a) the person is contravening, or likely to contravene, a provision of this Act; or
(b) it is desirable in the public interest for the inspector to give the person the direction.
(2) An inspector may give a person a direction requiring the person to take any action that is reasonable in the circumstances if, in relation to the use of State waters or in relation to a vessel, an inspector believes on reasonable grounds that it is necessary to give the person the direction in order to protect the safety of people or to protect the environment.
(3) Without limiting subsection (1) or (2), a direction may require the person given the direction to ensure that —
(a) a specified vessel is not operated; or
(b) a specified vessel is moved from, or taken to, a specified place; or
(c) a specified activity is or is not engaged in; or
(d) a specified activity is or is not engaged in, in a specified manner or at a specified place.
(4) A person given a direction under subsection (1) or (2) must comply with it.
Penalty for this subsection: a fine of $5 000.
20. Directions under s. 19: procedural details
(1) A direction under section 19 must —
(a) be given in writing, unless the inspector believes on reasonable grounds that there is an urgent need to protect the safety of people or to protect the environment; and
(b) specify the period within which the action must be taken; and
(c) include the inspector's reasons for giving the direction.
(2) The direction may include specified steps that the person given the direction must take to satisfy the inspector that the action required to be taken to comply with the direction has been taken.
(3) Before the end of the period specified in a direction, an inspector may extend the period in writing and, in that case, the references in sections 19 and 21 to the period specified are references to that period as extended under this subsection.
21. Directions under s. 19: inspector may remedy failure to comply
(1) If a person given a direction under section 19 does not take the action specified in the direction within the period specified, an inspector may take the action or arrange for it to be taken.
(2) The inspector may do all things necessary for the purposes of subsection (1).
(3) The chief executive officer may recover the reasonable costs and expenses incurred under subsection (1) from the person given the direction and may seek an order for the recovery of those costs and expenses in a court of competent jurisdiction.
22. Improvement notices
(1) An inspector may give a notice under this section (an improvement notice) to a person if the inspector believes on reasonable grounds that the person —
(a) is contravening a provision of this Act; or
(b) has contravened a provision of this Act and is likely to contravene that provision again.
(2) The inspector must specify in the notice —
(a) the provision that the inspector believes is being or is likely to be contravened; and
(b) the reasons for that belief; and
(c) that the person given the notice must take action to remedy or prevent the contravention; and
(d) the period within which the person must comply with the notice.
(3) The inspector may specify in the notice any action the person must or must not take during the period specified in the notice.
(4) Before the end of the period specified in the notice, an inspector may extend the period in writing.
(5) A person given an improvement notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.
Penalty for this subsection: a fine of $5 000.
23. Improvement notices given in relation to vessels
(1) A person given an improvement notice under section 22(1) in relation to a vessel must ensure that a copy of the notice is displayed —
(a) as directed by the inspector who issued the notice; or
(b) if there is no such direction — in a prominent place on or near the vessel.
Pe