Marine Safety Ordinance 2007 (Jervis Bay Territory) (Cth)
JERVIS BAY TERRITORY
Marine Safety Ordinance 20071
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Jervis Bay Territory Acceptance Act 1915.
Dated 26 September 2007
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
JAMES ERIC LLOYD
Minister for Local Government, Territories and Roads
Contents
Part 1Preliminary
1Name of Ordinance 4
2Commencement 4
3Objects of Ordinance 4
4Definitions 4
5Meaning of vessel 5
6Ordinance does not apply to Defence Force vessels 5
Part 2Vessel registration
7Offence to operate unregistered vessel 6
8Offence to contravene registration conditions 6
9Regulations for vessel registration 6
Part 3Boat driving licences
10Vessels to which Part applies 8
11Offence to operate vessel without boat driving licence 8
12Regulations for boat driving licences 8
Part 4Safety of navigation
13Meaning of unsafe vessel 10
14Offence — operating unsafe vessel 10
15Offence — allowing the operation of unsafe vessel 10
16Offence — reckless or negligent operation of a vessel 10
17Offence — dangerous operation of a vessel 11
18Offence — endangering the public 11
19Offence — interfering with lawful use of waters or land 11
20Regulations for prevention of collisions 12
21Regulations for safety of navigation 12
Part 5Miscellaneous
22Appointment of authorised officers 13
23Summary proceedings for offences 13
24Persons who may bring proceedings 13
An Ordinance to regulate marine safety
Part 1 Preliminary
Name of Ordinance
This Ordinance is the Marine Safety Ordinance 2007.
Commencement
This Ordinance commences on the day after it is registered.
Objects of Ordinance
The object of this Ordinance is to protect the safety and amenity of the users of Jervis Bay Territory waters and the amenity of occupiers of adjoining land, by ensuring the safe operation of vessels in the waters.
Definitions
In this Ordinance:
APS employee has the same meaning as in the Public Service Act 1999.
authorised officer means:
(a) a member of the Australian Federal Police; or
(b) a person (or class of persons) appointed under section 22 of this Ordinance.
court means a court, including the Supreme Court, of the Australian Capital Territory.
dangerous to the public includes anything that causes, or is likely to cause, injury to a person or damage to property.
member of the Australian Federal Police has the same meaning as in the Australian Federal Police Act 1979.
NSW Maritime Authority means the Maritime Authority of NSW constituted under Part 4 of the Ports Corporatisation and Waterways Management Act 1995 of New South Wales.
navigation aid means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel.
non‑displacement craft includes hovercraft and hydrofoils.
operate ‘a vessel’ means to exercise control over the course or direction of the vessel or over its means of propulsion.
owner of ‘a vessel’ includes the joint owner of the vessel.
special member of the Australian Federal Police means a person appointed under section 40E of the Australian Federal Police Act 1979.
Territory waters means any navigable waters within the limits of the Jervis Bay Territory.
vessel has the meaning given by section 5.
Note Penalties for offences in this Ordinance are expressed in penalty units. The amount of a penalty unit is presently $110: see section 4AA of the Crimes Act 1914.
Meaning of vessel
(1) In this Ordinance, vessel includes a water craft of any description used, or capable of being used, as a means of transportation on water.
(2) Without limiting the above, a vessel includes:
(a) a non‑displacement craft; and
(b) a seaplane, but only while it is on water.
(3) Vessel does not include anything declared by the regulations not to be a vessel and includes anything used on water that is declared by the regulations to be a vessel.
Ordinance does not apply to Defence Force vessels
This Ordinance does not apply to, or in respect of, a vessel operated by the Defence Force of Australia or the naval, military or air forces of another country.
Part 2 Vessel registration
Offence to operate unregistered vessel
A person commits an offence if:
(a) the person operates a power driven vessel in Territory waters; and
` (b) the engine of the vessel is rated, by the manufacturer of the engine, as having a power of more than 3 728.5 watts; and
(c) the vessel is not registered under a law of a State or a Territory that allows the vessel to be operated in that State or Territory.
Penalty: 50 penalty units.
Note 3 728.5 watts is equal to 5 horse power.
Offence to contravene registration conditions
A person commits an offence if:
(a) the person operates a vessel in Territory waters; and
(b) the vessel is registered under a law of a State or a Territory that allows the vessel to be operated in that State or Territory; and
(c) the vessel is being operated in contravention of any condition of its registration.
Penalty: 50 penalty units.
Regulations for vessel registration
(1) The regulations may make provision for, or with respect to, the registration of vessels that operate in Territory waters.
(2) In particular, the regulations may make provision for, or with respect to, conditions applying to the registration of vessels.
(3) Regulations made for this section may prescribe penalties not exceeding a fine of 50 penalty units for offences against the regulations.
Part 3 Boat driving licences
Vessels to which Part applies
This Part applies in relation to any power‑driven recreational vessel operating in or from Territory waters, other than a vessel exempted by the regulations.
Offence to operate vessel without boat driving licence
(1) A person commits an offence if:
(a) the person operates a vessel to which this Part applies; and
(b) the speed of the vessel when operated is more than 10 knots; and
(c) the person does not hold a boat driving licence.
Penalty: 15 penalty units.
(2) For paragraph (1) (a), a boat driving licence means a current boat driving licence (however described) that:
(a) has been granted under a law of a State or Territory: and
(b) entitles the holder to operate the vessel in that State or Territory.
Regulations for boat driving licences
(1) The regulations may make provision for, or with respect to, boat driving licences.
(2) In particular, the regulations may make provision for, or with respect to, any or all of the following matters:
(a) the classes of a particular type of licence;
(b) restrictions on the authority conferred by a particular type of licence or class of licence, including by reference to the length of the vessel concerned;
(c) the continuing education and training of holders of licences.
(3) Regulations made for this section may prescribe penalties not exceeding a fine of 50 penalty units for offences against the regulations.
Part 4 Safety of navigation
Meaning of unsafe vessel
For this Part, a vessel is an unsafe vessel if the operation of the vessel is a danger to human life because of any of the following:
(a) the condition of the vessel;
(b) the condition of equipment on the vessel;
(c) the manner or place in which cargo or equipment on the vessel is stowed or secured;
(d) the nature of the cargo;
(e) the overloading of the vessel.
Offence — operating unsafe vessel
A person commits an offence if the person operates an unsafe vessel in Territory waters and is reckless about whether the vessel is unsafe.
Penalty: 100 penalty units, imprisonment for 2 years, or both.
Offence — allowing the operation of unsafe vessel
A person commits an offence if, the person:
(a) is the owner of a vessel; and
(b) allows another person to operate the vessel in Territory waters; and
(c) is reckless about whether the vessel is unsafe.
Penalty: 100 penalty units, imprisonment for 2 years or both.
Offence — reckless or negligent operation of a vessel
A person commits an offence if, the person:
(a) operates a vessel in Territory waters; and
(b) the operation of the vessel gives rise to the danger of:
(i) harm or death to another person; or
(ii) damage to property of another person; and
(c) is reckless or negligent about the operation of the vessel giving rise to that danger.
Penalty: 50 penalty units, imprisonment for 6 months or both.
Offence — dangerous operation of a vessel
A person commits an offence if, the person:
(a) operates a vessel in Territory waters; and
(b) operates the vessel at a speed, or otherwise in a way, that is dangerous to the public.
Penalty: 50 penalty units.
Offence — endangering the public
A person commits an offence if the person does anything that is dangerous to the public while the person is:
(a) on a vessel in Territory waters; or
(b) on a vessel that is being towed by another vessel in Territory waters.
Penalty: 50 penalty units.
Offence — interfering with lawful use of waters or land
A person commits an offence if, the person:
(a) operates a vessel in Territory waters; and
(b) operates the vessel in a manner that interferes with the lawful use, by another person, of Territory waters or adjoining land.
Penalty: 50 penalty units.
Regulations for prevention of collisions
(1) The regulations may make provision for, or with respect to, the prevention of collisions in Territory waters (including by the use of lights, shapes and signals on vessels).
(2) Regulations made for this section may prescribe penalties not exceeding a fine of 50 penalty units for offences against the regulations.
Regulations for safety of navigation
(1) The regulations may make provision for, or with respect to, the safety of navigation in Territory waters.
(2) In particular, the regulations may make provision for, or with respect to:
(a) the operation of vessels in Territory waters; and
(b) vessels or objects that have been abandoned in Territory waters; and
(c) the activities of persons that affect navigation (including persons carried on vessels, surfboard riders, divers or other persons in or on Territory waters); and
(d) navigation aids; and
(e) cables, wires, pipes or other material crossing over or under Territory waters, and their supporting structures.
(3) Regulations made for this section may prescribe penalties not exceeding a fine of 50 penalty units for offences against the regulations.
Part 5 Miscellaneous
Appointment of authorised officers
(1) The Minister may appoint any of the following persons (including a class of persons) as an authorised officer:
(a) an employee of the NSW Maritime Authority; or
(b) an APS employee; or
(c) a special member of the Australian Federal Police.
(2) The appointment of a person as an authorised officer may be subject to conditions.
(3) An authorised officer must not act in contravention of a condition of his or her authorisation.
Summary proceedings for offences
Proceedings for an offence under this Ordinance or the regulations may be dealt with summarily before a court.
Persons who may bring proceedings
Proceedings for an offence against this Ordinance may be brought by an authorised officer.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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