Justices Act 1902 Regulation relating to short descriptions of certain offences on NSW waters (1993-346) [GG No 84 of 30.7.1993] (NSW)

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1993—No. 346

JUSTICES ACT 1902—REGULATION

(Relating to short descriptions of certain offences on NSW waters)

NEW SOUTH WALES

[Published in Gazette No. 84 of 30 July 1993]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

J. P. HANNAFORD, M.L.C.,

Minister for Justice.

Commencement

1. This Regulation commences on 1 August 1993.

Amendments

2. The Maritime Services (Short Description of Offences) Regulation

1987 is amended:

(a) by omitting from clause 1 the words “Maritime Services” and by inserting instead the word “Maritime”;
(b) by inserting in Schedule 1 in appropriate order the following matter:

Marine (Boating Safety—Alcohol and Drugs)

Act 1991

Section 6 (1)—operate vessel on any waters while under the influence of alcohol

operate vessel under

influence of

alcohol

Section 6 (1)—operate vessel on any waters while under the influence of drugs

operate vessel under

influence of

1993—No. 346

Section 6 (2)—being the master of a vessel and permit person under
being aware or having reasonable cause to influence of
believe a person is under the influence of alcohol to operate
alcohol, permit the person to operate the vessel vessel
on any waters

Section 6 (2)—being the master of a vessel and being aware or having reasonable cause to

permit person under

influence of

believe a person is under the influence of drugs to operate
drugs, permit the person to operate the vessel vessel
on any waters
Section 7 (1)—operate vessel on any waters with operate vessel with
prescribed concentration of alcohol in blood p.c.a.

Section 7 (3)—being the supervisor of a juvenile operator of a motor vessel, permit juvenile with

permit juvenile with

p.c.a. to operate

the prescribed concentration of alcohol in blood motor vessel
to operate the vessel on any waters
(c) by inserting in Schedule 1 in appropriate order in the matter

relating to the Maritime Services Act 1935 the following matter:

Section 13W (3)—being the master of a vessel, refuse to comply

refuse to comply with any direction of harbour with harbour
master master’s direction

Section 13W (3)—being the master of a vessel, neglect to comply with any direction of harbour

neglect to comply

with harbour

master master’s direction

(d)

by inserting in Schedule 1 in appropriate order in the matter relating to the Management of Waters and Waterside Lands Regulations—N.S.W. the following matter:

Regulation 6 (a)—obstruct the launching of a obstruct launching
vessel of vessel
Regulation 6 (a)—obstruct the removal from the obstruct removal of
water of a vessel vessel from water
Regulation 6 (a)—obstruct the securing of a vessel obstruct securing of

vessel

Regulation 6 (a)—impede the launching of a impede launching of
vessel vessel

Regulation 6 (a)—impede the removal from the water of a vessel

impede removal of

vessel from water

Regulation 6 (a)—impede the securing of a vessel impede securing of

vessel

1993—No. 346

Regulation 17 (a)—without proper cause, on any enclosed water, display any visual signal which

display false visual

signal on

is used to indicate the presence, characteristics enclosed water
or intentions of vessels

Regulation 17 (a)—without proper cause, on any enclosed water, make any sound signal which

make false sound

signal on

is used to indicate the presence, characteristics enclosed water
or intentions of vessels

Regulation 17 (a)—without proper cause, on any managed land, display any visual signal which

display false visual

signal on

is used to indicate the presence, characteristics managed land
or intentions of vessels

Regulation 17 (a)—without proper cause, on any managed land, make any sound signal which is

make false sound

signal on

used to indicate the presence, characteristics or managed land
intentions of vessels

(e)

by inserting in Schedule 1 in appropriate order in the matter relating to the Water Traffic Regulations—N.S.W. the following matter:

Regulation 3—navigate a vessel on any enclosed water recklessly

navigate recklessly

Regulation 3—navigate a vessel on any enclosed water negligently

navigate negligently

Regulation 3—navigate a vessel on any enclosed water at speed likely to cause damage or injury

navigate at speed

likely to cause

damage or injury

Regulation 3—navigate a vessel on any enclosed water at speed likely to cause annoyance or

navigate at speed

likely to cause

nuisance annoyance or
nuisance

Regulation 3—navigate a vessel on any enclosed water so loaded as to be likely to cause damage

navigate with load

likely to cause

or injury damage or injury

Regulation 3—navigate a vessel on any enclosed water so loaded as to be likely to cause

navigate with load

likely to cause

annoyance or nuisance annoyance or
nuisance

Regulation 3—navigate a vessel in a way that is dangerous

navigate dangerously

Regulation 5—whilst using vessel on enclosed water, cause annoyance to any person

cause annoyance to

person

Regulation 5—whilst using vessel on enclosed water, cause nuisance to any person

cause nuisance to

person

1993—No. 346

Regulation 5—whilst using vessel on enclosed cause danger to
water, cause danger to any person person
Regulation 5—whilst using vessel on enclosed cause danger to
water, cause danger to any property property

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences relating to the use of New South Wales waters (clause 2 (b)–(e)).

The Regulation also changes the name of the principal Regulation (clause 2 (a)).

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