Shipping and Pilotage Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

SHIPPING AND PILOTAGE.

No. 26 of 1984.

AN ACT to amend the Shipping and Pilotage Act

1967-1983.

[Assented to 31 May 1984.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Shipping and citation.

and Pilotage Amendment Act 1984.

Act No. 17

(2) In this Act the Shipping and Pilotage Act

of 1967 as

amended by

1967-1983 is referred to as the principal Act.

Acts Nos. 12

of 1976,

88 of 1978 and

38 of 1983.

No. 26.] Shipping and Pilotage. [1984.

(3) The principal Act as amended by this Act may be cited as the Shipping and Pilotage Act

1967-1984.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Section. 3

amended. 3. Section 3 of the principal Act is amended

(a) in the definition of "controlling authority", by deleting "Harbour and Light Depart- ment of the State" and substituting the following-

" Department ";

(b) by inserting after the definition of "controlling authority" the following definition

I t

"Department" has the meaning given

to that term by section 3 of the

Marine and Harbours Act 1981; ";

and

(c) in the definition of "port", by delet- ing "pursuant to" and substituting the following-

" by or under ".

Section 9

amended. 4. Section 9 of the principal Act is amended by

repealing subsection (2) and substituting the follow-

ing subsection

(2) The regulations may

(a) provide that, except as otherwise provided by the regulations, the use of pilotage facilities at any port is compulsory;

1984.] Shipping and Pilotage. [No. 26.

(b) provide for the issue of pilotage exemption certificates to masters who hold the prescribed qualifications and-

(i)  prescribe the privileges that, except as otherwise expressly provided therein, are con- ferred by, and the duration of, a pilotage exemption certificate;

(ii)   make provision for a pilotage exemption certificate to be subject to such conditions as may be specified therein and such other conditions (if any) as may be prescribed;

(iii)   provide for the renewal, sur- render, cancellation, and suspension of a pilotage exemption certificate and the making thereon, at the time of its issue or renewal or at any other time, of an endorse- ment imposing conditions on or extending the privileges attaching to that certificate;

(iv)  provide for the examination and testing of persons apply- ing for the issue or renewal of a pilotage exemption certifi- cate, or the making or variation of an endorsement thereon or the removal of an endorsement therefrom;

(v)    prescribe the matters in rela- tion to which a fee shall be payable and the amount of any such fee;

(c) provide for exemptions from the requirement to pay pilotage charges

No. 26.] Shipping and Pilotage. [1984.

and for any such exemption to be according to the class of vessel or circumstance;

(d) provide for the payment by the owner of the vessel concerned of prescribed charges in respect of the detention of a pilot in quarantine or otherwise and of such incidental expenses as are prescribed;

(e) provide for the payment-

(i)   where a person fails to comply with a requirement of the regulations to use pilotage facilities; or

(ii)   where a person who, not being required to use pilotage facilities by reason of his being the holder of a pilotage exemption certificate, fails to comply with a requirement of the regulations relating to the use of that certificate,

of the pilotage charges that would have been payable had pilotage facilities been used for the entry, departure, or movement in respect of which the failure occurred. ".

Section 10

Section 10 of the principal Act is amended in subsection (2) by deleting "Harbour and Light Department of the State" in paragraph (ba) and substituting the following-

amended. 5.

" Department ".

Section 12

amended. 6. Section 12 of the principal Act is amended—

(a) in subsection (1)-

(i) by inserting after "goods" in para- graph (a) the following-

" and enabling the Minister to

specify substances that, in addi-

tion to those identified in the

1984.] Shipping and Pilotage. [No. 26.

regulations, are dangerous goods for the purposes of the regula- tions "; and

(ii) by deleting paragraph (c) and sub- stituting the following paragraphs

l< (c) requiring persons to comply	with directions given or
requirements made under the authority of those regulations and providing, where a person fails to comply with such a direc- tion or requirement, for measures to be taken at the risk and expense of that person for achieving the purposes of the direction or requirement;

(d) empowering persons auth- orized in that behalf in accordance with the regula- tions to board vessels and enter places for the purposes of enforcing this Act and take such other action as appears to them appropriate for the purposes of this Act. ";

(b)	in subsection (la), by deleting paragraphs (a), (b) and (c);
(c)	by repealing subsections (2) and (3) and substituting the following subsections-

Cf

(2) Regulations made under this

Act may

(a) create offences and provide, in respect of an offence so created, for the imposition of a penalty consisting of a fine

No. 26.] Shipping and Pilotage. [1984.

not exceeding $2 000 with or without imprisonment for a term not exceeding 12 months;

(b)	provide that a person com- mitting an offence referred to in paragraph (a), in addition to suffering any penalty imposed under those regula- tions, is liable to pay to the Crown all expenses incurred by reason of the com- mission of that offence, and make provision for the recovery of those expenses from that person in a court of competent jurisdiction as a debt due to the Crown;
(c)	adopt, either wholly or in part or with modifications and either specifically or by refer- ence, any rules, regulations, codes, instructions or other subordinate legislation made, determined or issued under any other Act or under any Act of the Parliament of the Commonwealth or the United Kingdom, or any of the standards, rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution, The Association of Australian Port and Marine Authorities or other body specified in those regulations;
(d)	provide that if by reason of unavailability of materials or for any other reason that the responsible authority con- siders valid any requirement

1984.] Shipping and Pilotage. [No. 26.

adopted by those regulations cannot be conformed to, the responsible authority may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of those regulations;

(e)	be of general application or may be limited in their appli- cation according to time, place, or circumstance;
(f)	make different provision for different classes of vessels or for the same class of vessels in different circumstances;
(g)	make the application of any provision of the regulations dependent on compliance with specified conditions, to be evidenced in a specified manner;
(h)	apply according to an approval or other adminis- trative decision of a specified person or body notwithstand- ing that such approval or other decision may not have been, or may not have been primarily, given or made for the purposes of this Act;

(i)   require a matter affected by them to be in accordance with a specified requirement, or as approved by, or to the satis- faction of, a specified person or body, or class of person or body, and delegate to or

No. 26.] Shipping and Pilotage. [1984.

confer on a specified person or body, or class of person or body, a discretionary authority;

exempt, or provide for the

(i) exemption of, persons or things from the provisions of those regulations, or any of them, and impose, or provide for the imposition of, condi- tions on any such exemption;

(k) require any matter or thing to be verified by statutory declaration.

(3) In subsection (2) of this

section

"responsible authority" means

(a)	in relation to a port under the control of a Port Authority consti- tuted or established under an Act, that Port Authority;
(b)	in relation to any other port, the Department;

"specified" means specified in the regulations. ".