Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 (NT)

NORTHERN TERRITORY OF AUSTRALIA

marine Safety (domestic commercial vessel) (National Uniform Legislation) ACT 2013

As in force at 12 April 2017

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Purpose of Act4 — DefinitionsPart 2 — Applied provisions5 — Application of Commonwealth laws as laws of Territory6 — Interpretation of Commonwealth domestic commercial vessel national lawPart 3 — Functions and powers under applied provisions7 — Functions and powers of National Regulator and other authorities and officers8 — Delegations by National RegulatorPart 4 — Offences9 — Object of Part10 — Application of Commonwealth criminal laws to offences against applied provisions11 — Functions and powers conferred on Commonwealth officers and authorities relating to offences12 — No double jeopardy for offences against applied provisionsPart 5 — Administrative laws13 — Application of Commonwealth administrative laws to applied provisions14 — Functions and powers conferred on Commonwealth officers and authoritiesPart 6 — Fees and fines15 — Fees payable to officers or employees of Territory acting as delegates16 — Infringement notice penalties17 — Fines, fees etc. not otherwise payable to TerritoryPart 7 — Miscellaneous matters18 — Things done for multiple purposes19 — Reference in Commonwealth law to a provision of another law20 — Regulations of TerritoryPart 8 — Repeal21 — Regulations repealedSchedule 1 — Repealed RegulationsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 12 April 2017

marine Safety (domestic commercial vessel) (National Uniform Legislation) ACT 2013

An Act to apply as a law of the Territory a national law regulating marine safety relating to domestic commercial vessels, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013.

2Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3Purpose of Act

• (1)

  The purpose of this Act is to adopt in the Territory a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).

• (2)

  Accordingly, this Act:

  • (a)

    applies the Commonwealth domestic commercial vessel national law as a law of the Territory; and

  • (b)

    makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of the Territory to be administered on a uniform basis by the Commonwealth (and by Territory officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.

  4Definitions
• (1)

  In this Act:

  applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of the Territory because of section 5.

  Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments:

  • (a)

    the Administrative Appeals Tribunal Act 1975 (excluding Part IVA);

  • (b)

    the Freedom of Information Act 1982;

  • (c)

    the Ombudsman Act 1976;

  • (d)

    the Privacy Act 1988;

  • (e)

    the regulations and other legislative instruments in force under any of those Acts.

  Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments:

  • (a)

    the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth));

  • (b)

    the regulations and other legislative instruments in force under that Law;

  • (c)

    any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.

  function includes a duty.

• (2)

  Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.

• (3)

  In this Act, a reference to a Commonwealth Act includes a reference to:

  • (a)

    that Commonwealth Act, as amended and in force for the time being; and

  • (b)

    an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

  Part 2Applied provisions    

5Application of Commonwealth laws as laws of Territory

• (1)

  The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of the Territory.

• (2)

  The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which the Territory may make laws:

  • (a)

    whether or not the Commonwealth may make laws in relation to those matters; and

  • (b)

    even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.

• (3)

  Subsection (2) does not operate to exclude a law of the Territory relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.

• (4)

  The regulations made under this Act may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law:

  • (a)

    made by a law of the Commonwealth; and

  • (b)

    specified in the regulations made under this Act;

  had not taken effect.

6Interpretation of Commonwealth domestic commercial vessel national law

• (1)

  The Acts Interpretation Act 1901 (Cth) applies as a law of the Territory in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act, as the case requires.

• (2)

  The Interpretation Act 1978 does not apply to the applied provisions.

  Note for subsection (2)

  Even though the Interpretation Act 1978 does not apply to the applied provisions, it applies to this Act and to instruments made under this Act.

Part 3Functions and powers under applied provisions 7Functions 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.

8Delegations 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 4Offences 9Object 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, for example (but are not limited to):

  • (a)

    the investigation and prosecution of offences; and

  • (b)

    the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and

  • (c)

    proceedings relating to a matter referred to in paragraph (a) or (b); and

  • (d)

    appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and

  • (e)

    the sentencing, punishment and release of persons convicted of offences; and

  • (f)

    fines, penalties and forfeitures; and

  • (g)

    infringement notices in connection with offences; and

  • (h)

    liability to make reparation in connection with offences; and

  • (i)

    proceeds of crime; and

  • (j)

    spent convictions.

• (3)

  For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed.

10Application of Commonwealth criminal laws to offences against applied provisions

• (1)

  The relevant Commonwealth laws apply as laws of the Territory in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory.

• (2)

  For the purposes of a law of the Territory, an offence against the applied provisions:

  • (a)

    is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and

  • (b)

    is taken not to be an offence against the laws of the Territory.

• (3)

  Subsection (2) has effect for the purposes of a law of the Territory except as provided by the regulations made under this Act.

11Functions and powers conferred on Commonwealth officers and authorities relating to offences

• (1)

  A Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.

• (2)

  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.

12No double jeopardy for offences against applied provisions

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 the offence against the Commonwealth domestic commercial vessel national law;

the offender is not liable to be punished for the offence against the applied provisions.

Part 5Administrative laws 13Application of Commonwealth administrative laws to applied provisions

• (1)

  The Commonwealth administrative laws apply as laws of the Territory to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory.

• (2)

  For the purposes of a law of the Territory, a matter arising in relation to the applied provisions:

  • (a)

    is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and

  • (b)

    is taken not to be a matter arising in relation to laws of the Territory.

• (3)

  Subsection (2) has effect for the purposes of a law of the Territory except as provided by the regulations made under this Act.

• (4)

  Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.

• (5)

  For the purposes of this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cth) (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.

14Functions and powers conferred on Commonwealth officers and authorities

• (1)

  A Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.

• (2)

  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.

Part 6Fees and fines 15Fees payable to officers or employees of Territory acting as delegates

The Minister may, by Gazette notice, set fees payable to the Territory 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 the Territory or an agency of the Territory.

16Infringement notice penalties

Any amount paid to the Territory by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) in relation to an infringement notice is (subject to any refund payment under section 10(2) of that Act) payable into the Central Holding Authority.

17Fines, fees etc. not otherwise payable to Territory

• (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 15.

Part 7Miscellaneous matters 18Things 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.

19Reference in Commonwealth law to a provision of another law

For the purposes of sections 10 and 13, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.

20Regulations of Territory

• (1)

  The Administrator may make regulations under this Act.

• (2)

  The regulations may not be inconsistent with this Act or the applied provisions.

Part 8Repeal 21Regulations repeal

The Regulations specified in Schedule 1 are repealed.

Schedule 1Repealed Regulations

section 21

Marine Amendment Regulations 2007	Subordinate Legislation No. 38 of 2007
Marine (Crew Accommodation) Regulations	Subordinate Legislation No. 17 of 1982
Amendment of Marine (Crew Accommodation) Regulations	Subordinate Legislation No. 5 of 2001
Marine (Examinations and Certificates) Regulations	Subordinate Legislation No. 16 of 1982
Amendment of the Marine (Examinations and Certificates) Regulations	Subordinate Legislation No. 9 of 1984
Amendments of the Marine (Examinations and Certificates) Regulations	Subordinate Legislation No. 34 of 1991
Amendments of the Marine (Examinations and Certificates) Regulations	Subordinate Legislation No. 48 of 1994
Amendment of the Marine (Examinations and Certificates) Regulations	Subordinate Legislation No. 6 of 2001
Marine (Hire-and-Drive Vessel) Regulations	Subordinate Legislation No. 36 of 1994
Amendments of Marine (Hire-and-Drive Vessel) Regulations	Subordinate Legislation No. 7 of 2001
Marine (Load Line) Regulations	Subordinate Legislation No. 15 of 1982
Amendments of Marine (Load Line) Regulations	Subordinate Legislation No. 8 of 2001
Marine (Pleasure Craft) Regulations	Subordinate Legislation No. 10 of 1985
Amendments of Marine (Pleasure Craft) Regulations	Subordinate Legislation No. 12 of 1993
Amendments of Marine (Pleasure Craft) Regulations	Subordinate Legislation No. 12 of 2001
Amendments of Marine (Pleasure Craft) Regulations	Subordinate Legislation No. 24 of 2002
Marine (Safety) Regulations	Subordinate Legislation No. 12 of 1982
Amendments of Marine (Safety) Regulations	Subordinate Legislation No. 11 of 1993
Amendments of Marine (Safety) Regulations	Subordinate Legislation No. 14 of 2001
Marine (Safety Manning) Regulations	Subordinate Legislation No. 14 of 1982
Amendments of the Marine (Safety Manning) Regulations	Subordinate Legislation No. 35 of 1991
Amendment of Marine (Safety Manning) Regulations	Subordinate Legislation No. 9 of 2001
Marine (Small Craft) Regulations	Subordinate Legislation No. 28 of 1985
Amendment of Marine (Small Craft) Regulations	Subordinate Legislation No. 16 of 2001
Amendments of Marine (Small Craft) Regulations	Subordinate Legislation No. 23 of 2002
Marine (Survey) Regulations	Subordinate Legislation No. 20 of 1982
Amendments of the Marine (Survey) Regulations	Subordinate Legislation No. 28 of 1984
Amendments of Marine (Survey) Regulations	Subordinate Legislation No. 17 of 2001

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 (Act No. 11, 2013)
Assent date	29 May 2013
Commenced	1 July 2013 (Gaz S24, 25 June 2013)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date	13 November 2014
Commenced	13 November 2014
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date	10 March 2017
Commenced	12 April 2017 (Gaz G15, 12 April 2017, p 3)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No.22 , 2018) to: ss 1 and 6.

• 4

  LIST OF AMENDMENTS

s 12                   amd No. 38, 2014, s 2

s 22                   exp No. 11, 2013, s 22(6)

pt 8 hdg             amd No. 4, 2017, s 34

pt 9 hdg             exp No. 11, 2013, s 67

pt 9

div 1 hdg           exp No. 11, 2013, s 67

ss 23 – 65          exp No. 11, 2013, s 67

pt 9

div 2 hdg           exp No. 11, 2013, s 67

s 66                   exp No. 11, 2013, s 67

pt 9

div 3 hdg           exp No. 11, 2013, s 67

s 67                   exp No. 11, 2013, s 67

sch 2                 exp No. 11, 2013, s 67