Justices Act 1902 Regulation relating to short descriptions of offences under the Commercial Vessels Act 1979 and certain regulations (1994-590) [GG No 150 of 11.11.1994] (NSW)

1994—No. 590

JUSTICES ACT 1902—REGULATION

(Relating to short descriptions of offences under the Commercial Vessels Act 1979

and certain regulations)

NEW SOUTH WALES

[Published in Gazette No. 150 of 11 November 1994]

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 11 November 1994.

Amendment

2. The Maritime (Short Description of Offences) Regulation 1987 is

amended:

(a) by inserting in Schedule 1 in appropriate order the following matter:

Commercial Vessels Act 1979

Section 8 (1) (a)—being the owner of a vessel, use the vessel in own vessel used

without permit

prescribed waters without a permit Section 8 (1) (a)—being the master	master of vessel used
of a vessel, use the vessel in	without permit
prescribed waters without a permit

1994—No. 590

Section 8 (1) (b)—being the owner of a vessel, use the vessel in own vessel used

contrary to permit

prescribed waters otherwise than in
accordance with the authority

conferred by permit

Section 8 (1) (b)—being the master of a vessel, use the vessel in master of vessel used

contrary to permit

prescribed waters otherwise than in
accordance with the authority

conferred by permit

Section 9 (1)—being the owner of a vessel in prescribed waters without own vessel without

permit plate

permit plate affixed as prescribed Section 9 (1)—being the master of a affixed

master of vessel

vessel in prescribed waters without without permit

permit plate affixed as prescribed Section 10 (2)—being the owner of plate affixed

fail to paint on

a vessel, subject to a restriction as	vessel passenger
to the presence in a specified part	restrict i on
of the vessel of a passenger, or a	statement
passenger of a specified class, or a passenger other than a passenger of a specified class, that does not have painted prominently and clearly at the entry to that part of the vessel a statement about the restriction

Section 10 (3)—being the owner of a vessel, subject to a permit fail to paint on

vessel statement

condition that specified equipment	about equipment
be carried in the vessel, that does not have painted on the vessel as specified in the permit a statement about the terms of the condition

Section 13—let vessel out on hire without authority of a permit unauthorised letting

of vessel out on
hire

1994—No. 590

Section 15 (8)—being the owner of a vessel that is proposed to be fail to return permit

plate for vessel

altered or reconstructed, or on	within time
which alteration or reconstruction has commenced, fail to return the permit plate to the Board within
the time specified in the Board’s notice
Section 19 (5) (a)—being the owner of a vessel the subject of a	own vessel used

contrary to sec. 19

temporary permit issued under	(2) permit
section 19 (2), use the vessel otherwise than in accordance with the authority conferred by the temporary permit
Section 19 (5) (a)—being the master of a vessel the subject of a	master of vessel used

contrary to sec. 19

temporary permit issued under	(2) permit
section 19 (2), use the vessel otherwise than in accordance with the authority conferred by the temporary permit
Section 19 (5) (a)—being the owner of a vessel the subject of a	own vessel used contrary to sec. 19
temporary permit deemed to have	(3)
been issued under section 19 (3), use the vessel otherwise than in accordance with the authority conferred by section 19 (3)
Section 19 (5) (a)—being the master of a vessel the subject of a	master of vessel used

contrary to sec. 19

temporary permit deemed to have	(3)
been issued under section 19 (3), use the vessel otherwise than in accordance with the authority conferred by section 19 (3)

1994—No. 590

Section 19 (5) (a)—being the owner own vessel used

of a vessel the subject of a	contrary to sec. 19
temporary permit issued under	(4) permit
section 19 (4), use the vessel otherwise than in accordance with the authority conferred by the temporary permit

Section 19 (5) (a)—being the master master of vessel used

of a vessel the subject of a	contrary to sec. 19
temporary permit issued under	(4) permit
section 19 (4), use the vessel otherwise than in accordance with the authority conferred by the temporary permit

Section 19 (5) (b)—being the owner owner fail to return

of a vessel the subject of a	suspended sec. 19
temporary permit issued under	(2) permit
section 19 (2), fail to return the temporary permit forthwith to the Board after the temporary permit has been suspended

Section 19 (5) (b)—being the master of a vessel the subject of a master fail to return

suspended sec. 19

temporary permit issued under	(2) permit
section 19 (2), fail to return the temporary permit forthwith to the Board after the temporary permit has been suspended

Section 19 (5) (b)—being the owner of a vessel the subject of a owner fail to return

suspended sec. 19

temporary permit issued under	(4) permit
section 19 (4), fail to return the temporary permit forthwith to the Board after the temporary permit has been suspended

1994—No. 590

Section 19 (5) (b)—being the master	master fail to return
of a vessel the subject of a	suspended sec. 19
temporary permit issued under	(4) permit
section 19 (4), fail to return the temporary permit forthwith to the Board after the temporary permit has been suspended
Section 21 (2)—being the holder of	holder fail to return
a permit, fail to return the permit	permit plate after
plate to the Board after the permit	permit suspended
is suspended under section 21 (1)
Section 26 (c)—being the owner of a vessel the subject of a permit,	owner fail to notify

Board of vessel

fail to furnish the Board with full	alteration within
particulars in writing of any	time
proposed alteration of the vessel not later than 21 days before the commencement of the alteration
Section 26 (c)—being the owner of a vessel the subject of a permit,	owner fail to notify

Board of vessel

fail to furnish the Board with full	reconstruction
particulars in writing of any	within time
proposed reconstruction of the vessel not later than 21 days before the commencement of the
reconstruction
Section 30B (l)—being the owner of	own vessel not
a vessel used in prescribed waters	carrying required
without the minimum number of	crew
duly qualified and other crew of specified designations required to be carried in the vessel
Section 30B (l)—being the master of a vessel used in prescribed waters	master of vessel not

carrying required

without the minimum number of	crew
duly qualified crew and other crew of specified designations required to be carried in the vessel

1994—No. 590

Section 42 (1) (a)—being the owner of a vessel in prescribed waters own vessel not

carrying prescribed

not carrying equipment prescribed	equipment
for carriage by the vessel

Section 42 (1) (a)—being the master of a vessel in prescribed waters master of vessel not carrying prescribed

not carrying equipment prescribed	equipment
for carriage by the vessel

Section 42 (1) (b) (i)—being the own vessel carrying

owner of a vessel in prescribed	defective
waters carrying prescribed	prescribed
equipment that is defective	equipment

Section 42 (1) (b) (ii)—being the master of a vessel in prescribed master of vessel

carrying defective

waters carrying prescribed	prescribed
equipment that is defective	equipment

Section 42 (1) (b) (i)—being the equipment not carried

owner of a vessel in prescribed	in prescribed
waters carrying prescribed	position or manner
equipment otherwise than in	(owner)
position or manner prescribed

Section 42 (1) (b) (ii)—being the master of a vessel in prescribed equipment not carried

in prescribed

waters carrying prescribed	position or manner
equipment otherwise than in	(master)
position or manner prescribed

Section 42 (1) (c)—being the owner of a vessel in prescribed waters carry equipment not

labelled as

carrying equipment not labelled as	prescribed (owner)
prescribed for that equipment

Section 42 (1) (c)—being the master of a vessel in prescribed waters carry equipment not

labelled as

carrying equipment not labelled as	prescribed (master)
prescribed for that equipment

1994—No. 590

Section 42 (1) (d)—being the owner of a vessel in prescribed waters not display

prescribed notice

not displaying notice prescribed for	for equipment
display in relation to equipment	(owner)
carried by the vessel
Section 42 (1) (d)—being the master of a vessel in prescribed waters	not display

prescribed

not displaying notice prescribed for	equipment notice
display in relation to equipment	(master)
carried by the vessel
Section 42 (1) (d)—being the owner of a vessel in prescribed waters	not display

prescribed

not displaying instruction	equipment
prescribed for display in relation	instruction (owner)
to equipment carried by the vessel Section 42 (1) (d)—being the master	not display
of a vessel in prescribed waters	prescribed
not displaying instruction	equipment
prescribed €or display in relation	instruction (master)
to equipment carried by the vessel Section 42 (1) (e)—being the owner	instruction for use of
of a vessel in prescribed waters	equipment not
where instruction regarding the	available (owner)
proper use of equipment carried by the vessel is not made available as prescribed
Section 42 (1) (e)—being the master of a vessel in prescribed waters	instruction for use of

equipment not

where instruction regarding the	available (master)
proper use of equipment carried by the vessel is not made available as prescribed
Section 45 (2)—being a passenger on a vessel, fail to comply with a	passenger not comply

with direction to

direction, given by an authorised	move
person for the vessel, to move to or from a part of the vessel

1994—No. 590

Section 45 (2)—being a passenger on	passenger not comply
a vessel, fail to comply with, a	with direction to
direction, given by an authorised	cease activity
person for the vessel, to cease an activity in which the person is engaged on the vessel

Commercial Vessels (Emergency

Procedures and Safety of
Navigation) Regulation 1986

Clause 6 (1)—being the owner of a vessel contravening clause 2.3 (b) crew not familiar

with launching

(i) of section 15 of the Code	survival craft (owner)
Clause 6 (1)—being the master of a vessel contravening clause 2.3 (b)	crew not familiar

with launching

(i) of section 15 of the Code	survival craft (master)
Clause 6 (1)—being the owner of a vessel contravening clause 2.3 (b)	not keeping survival

craft ready for

(ii) of section 15 of the Code	launching (owner)
Clause 6 (1)—being the master of a vessel contravening clause 2.3 (b)	not keeping survival

craft ready for

(ii) of section 15 of the Code	launching (master)
Clause 6 (1)—being the owner of a vessel contravening clause 2.3 (b)	crew not instructed in fire-fighting
(iii) of section 15 of the Code	procedures (owner)
Clause 6 (1)—being the master of a vessel contravening clause 2.3 (b)	crew not instructed in fire-fighting
(iii) of section 15 of the Code	procedures (master)
Clause 6 (1 )—being the owner of a vessel contravening clause 2.3 (b)	crew not familiar

with collision

(iv) of section 15 of the Code	procedures (owner)
Clause 6 (1)—being the master of a vessel contravening clause 2.3 (b)	crew not familiar

with collision

(iv) of section 15 of the Code procedures (master)

1994—No. 590

Commercial Vessels (Hire and

Drive) Regulation 1986

Clause 14 (1), (5)—being the owner of a Class 4 vessel, fail to owner fail to

maintain hirers

maintain register as required by	register for Class
clause 14 (1)	4 vessel
Clause 14 (2), (5)—being the owner of a Class 4 vessel, hire the	owner hire Class 4

vessel without

vessel without obtaining the details	obtaining details
required under clause 14 (1)
Clause 14 (3), (5)—being the owner of a Class 4 vessel, fail to	owner fail to

produce hirers

produce register under clause 14	register for Class
(1) on demand by an officer of	4 vessel
the Board
Clause 14 (4), (5)—being the owner of a Class 4 vessel, fail to retain	owner fail to retain

hirers register for

register under clause 14 (1) for	Class 4 vessel
the period required by clause 14 (4)
Clause 15 (2), (4)—being the owner of a Class 4 vessel, fail to issue	owner fail to give

instructions to

instructions to each hirer of the	hirer of Class 4
vessel as required by clause 15 (2)	vessel
Clause 15 (3), (4)—being the owner of a Class 4 vessel, before hiring	owner fail to obtain

signed statement

the vessel, fail to obtain signed	from hirer
statement from the hirer indicating that the hirer fully understands the limits, restrictions and conditions
that have been placed on the operation of the vessel

1994—No. 590

Commercial Vessels (Permits)

Regulation 1986

Clause 8 (1)—being the owner of a vessel the subject of a vessel fail to display vessel

permit number as

permit not displaying the permit	specified
number of the vessel as required by clause 8 (2)
Clause 9 (1) (a), (2)—being the	owner fail to advise
owner of a vessel the subject of a	change of address
vessel permit, not advise the	within time
Board of any change in the owner’s address within 21 days of the change
Clause 9 (1) (b), (2)—being the	owner fail to advise
owner of a vessel the subject of a	change in vessel
vessel permit, not advise the	name within time
Board of any change in the name of the vessel within 21 days of the change
Clause 9 (1) (c), (2)—being the	owner fail to advise
owner of a vessel the subject of a	change in vessel
vessel permit, not advise the	ownership within
Board of any change in ownership	time
of the vessel within 21 days of the change
Clause 10 (2), (9)—being the owner of a vessel the subject of a vessel	owner fail to keep

required

permit for which the survey record	information in
book does not include information	survey record book
and documents as required by the Board
Clause 10 (2), (9)—being the owner of a vessel the subject of a vessel	owner fail to

maintain survey

permit for which the survey record	record book as
book is not maintained in the	required
manner required by the Board

1994—No. 590

Clause 10 (3), (9)—being the owner of a vessel the subject of a vessel fail to keep survey

record book in

permit for which the survey record	required place
book is not kept in the place required by clause 10 (3)
Clause 10 (4) (a), (9)—being the owner of a vessel the subject of a	fail to produce

survey record book

vessel permit for which the survey	to Board surveyor
record book is not produced at a survey of the vessel to the Board’s surveyor
Clause 10 (4) (b), (9)—being the owner of a vessel the subject of a	fail to produce

survey record book

vessel permit for which the survey	to Board officer
record book is not produced on demand to an officer of the Board
Clause 10 (5), (9)—being the owner of a vessel the subject of a permit	fail to advise Board

of lost survey

where the Board is not informed	record book
that the survey record book has been lost
Clause 10 (5), (9)—being the owner of a vessel the subject of a permit	fail to advise Board

of destroyed

where the Board is not informed	survey record book
that the survey record book has been destroyed
Clause 10 (6) (a), (9)—being the owner of a vessel the subject of a	fail to return survey

record book on

permit for which the survey record	demand by Board
book is not returned to the Board	officer
on demand by an officer of the Board
Clause 10 (6) (b), (9)—being the owner of a vessel the subject of a	fail to return survey

record book when

permit for which the survey record	permit cancelled
book is not returned to the Board when the vessel permit for the vessel is cancelled

1994—No. 590

Clause 10 (6) (b), (9)—being the fail to return survey

owner of a vessel the subject of a	record book when
permit for which the survey record	permit suspended
book is not returned to the Board when the vessel permit for the vessel is suspended

Clause 12 (2)—take a towed vessel on a sea-going voyage otherwise take towed vessel on sea-going voyage

than with, and in accordance with,	without permit
towage permit

(b)	by omitting from the matter in Schedule 1 relating to the Management of Waters and Waterside Lands Regulations- N.S.W. the words “enclosed water” and “enclosed waters” wherever occurring (except in relation to Regulations 19 (3), 24 and 47) and by inserting instead the words “navigable waters”;
(c)	by omitting from the matter relating to the Water Traffic Regulations—N.S.W. the words “enclosed water” wherever occurring and by inserting instead the words “navigable waters”.

EXPLANATORY NOTE

This Regulation prescribes the short descriptions that, under 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 commercial vessels.

The Regulation also amends the short descriptions of certain offences under the
Management of Waters and Waterside Lands Regulations—N.S.W. and the Water Traffic

Regulations—N.S.W. as a consequence of recent amendments to those two Regulations.

The Regulation is made under the Justices Act 1902, including section 154 (the

general regulation making power) and section 145B.