Marine and Safety Authority Amendment Act 2000 (TAS)

Marine and Safety Authority Amendment Act 2000

An Act to amend the Marine and Safety Authority Act 1997

[Royal Assent 14 July 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Marine and Safety Authority Amendment Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Marine and Safety Authority Act 1997 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of coastal waters and substituting the following definition: coastal waters means – (a) any part of the territorial sea of Australia adjacent to the State within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and (b) the marine or tidal waters on the landward side of any territorial sea of Australia adjacent to the State; (b) by inserting the following definition after the definition of owner : port company means a company formed under the Port Companies Act 1997 ; 5Section 19 amended (Employment and engagement of persons) Section 19 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A)  The Authority may engage a port company to perform any of the functions of the Authority on any terms and conditions the Authority considers appropriate. 6Section 35 amended (Immunity from liability) Section 35 of the Principal Act is amended as follows: (a) by inserting the following subsections after subsection (2) : (2A)  A port company that is engaged by the Authority under section 19 to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any of those functions or powers, whether statutory or otherwise. (2B)  A member of the Board of a port company that is engaged by the Authority under section 19 to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise, on behalf of the port company, of any of those functions or powers, whether statutory or otherwise. (2C)  An employee, who is not a contractor or a consultant, of a port company that is engaged by the Authority under section 19 to perform any function of the Authority, whether statutory or otherwise, or to which the Authority has delegated any of its functions or powers, whether statutory or otherwise, does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the course of his or her employment. (2D)  Any person or any person in a class of person appointed as an authorised person under section 44 does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any function or power under this Act. (2E)  A person who holds a pilot’s licence under the Marine and Safety (Pilotage and Navigation) Regulations 1997 does not incur any personal liability for any damage or loss caused by his or her neglect or lack of skill in providing advice with respect to the navigation of vessels. (b) by omitting from subsection (3) "or an employee attaches to the Authority" and substituting ", an employee, a port company, a member of the Board of a port company or an employee of a port company attaches to the Authority"; (c) by omitting from subsection (4) ", service"; (d) by inserting the following subsection after subsection (4) : (5)  An action does not lie against the Authority for any act done or omitted to be done in relation to any service provided for the operation or safety of vessels. 7Section 40 amended (Regulations relating to safety) Section 40(d) of the Principal Act is amended by omitting ", exemptions and immunities" and substituting "and exemptions".

[Second reading presentation speech made in:

House of Assembly on 20 JUNE 2000

Legislative Council on 28 JUNE 2000]