Western Australian Marine Act 1982 (WA)
Western Australia
Western Australia
Western Australia
Western Australian Marine Act 1982This Act may be cited as the
The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation after the approval of Her Majesty thereto has been proclaimed in the State.
(1) In this Act, unless the contrary intention appears —
Example for this definition:
A BAC of 0.08 g is a concentration of 0.08 g of alcohol per 100 mL of blood.
(a) registered under the
Health Practitioner Regulation National Law (Western Australia) in the dental profession; and(b) whose name is entered on the dentists division of the Register of Dental Practitioners kept under that Law;
(a) a person designated under section 117(1) as an inspector for the purposes of the provision in which the term is used; or
(b) a member of a class of police officer designated under section 117(2) as inspectors for the purposes of the provision in which the term is used;
(a) a WA marine qualification; or
(b) a qualification, permit, licence or certificate (however described) issued to a person —
(i) in relation to navigating or operating a vessel (as those terms are defined in section 75AA(1) and (2)), or required by crew of a vessel; and
(ii) under a law of another Australian jurisdiction or an overseas jurisdiction;
(a) means the person who has command or charge of the vessel; but
(b) does not include a pilot;
(a) of a body corporate — has the meaning given in the
Corporations Act 2001 (Commonwealth) section 9; and(b) of the Department — means a public service officer in the Department;
(a) the master, members of the crew, other persons employed or engaged in any capacity on board the vessel in the business of that vessel; and
(b) a child under one year of age;
(a) means a craft that is —
(i) powered by a motor; and
(ii) designed (whether or not exclusively) to be operated by a person on or astride the hull and not within it;
and
(b) includes a craft that was designed (whether or not exclusively) as a personal watercraft but which has been —
(i) modified; or
(ii) transformed into some other sort of vessel;
(a) means a vessel held wholly for the purpose of recreational or sporting activities and not for hire or reward; but
(b) does not include a domestic commercial vessel;
(a) a prescribed illicit drug as defined in the
Road Traffic Act 1974 section 65; or(b) a drug prescribed for the purposes of this definition;
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State;
(a) means, a craft for use, or that is capable of being used, in navigation by water, however propelled or moved; and
(b) includes an air‑cushion vehicle, a barge, a personal watercraft, a submersible and a wing‑in‑ground effect craft;
(2) The regulations may specify that a prescribed class of thing is or is not a class of vessel for the purposes of the definition of
vessel in subsection (1).
(1) Except as expressly provided otherwise in this Act, this Act applies to and in relation to the following vessels and their owners, masters, pilots and crew —
(a) a vessel in State waters;
(b) a vessel connected with the State, wherever it may be, other than a pleasure vessel or prescribed vessel while it is in the waters of another State or a Territory of the Commonwealth.
(2) For the purposes of this section, a vessel connected with the State includes a vessel that is —
(a) registered, or required to be registered, under this Act; or
(b) registered under the
Shipping Registration Act 1981 (Commonwealth), with a home port in the State; or(c) owned by a person who is ordinarily resident in the State; or
(d) owned by a person whose place of business, or principal place of business, is in the State; or
(e) owned by a person whose principal place of business for managing the vessel’s operations is in the State; or
(f) declared by the regulations to be a vessel connected with the State.
(1) In this section —
(a) the Commonwealth domestic commercial vessel national law; and
(b) the applied provisions.
(2) The Domestic Commercial Vessel National Law prevails over this Act to the extent of any inconsistency.
This Act does not apply to or in relation to a vessel belonging to the naval, military or air forces of the Commonwealth or of any other country, including a foreign country.
This Act binds the Crown.
(1) In this Part —
(a) a person who apparently represents the occupier of the premises; and
(b) if the premises are a vessel — the master of the vessel;
(a) of a police officer — means the officer’s surname and rank and, if the officer’s official details are required to be stated on a document, the officer’s registered number; and
(b) of an inspector — means the inspector’s full name and official title;
(a) a structure, building, vehicle, vessel or aircraft; and
(b) a place (whether or not enclosed or built on); and
(c) a part of a thing referred to in paragraph (a) or (b);
(2) For the purposes of the definition of
evidential material , a thing is relevant to an offence if it is relevant to an offence as described in theCriminal Investigation Act 2006 section 5.
(1) An inspector may board a vessel, whether or not the vessel is underway, for 1 or both of the following purposes —
(a) determining whether this Act is being or has been complied with;
(b) exercising any of the powers under this Act that the inspector may exercise in relation to the vessel.
(2) The master of a vessel that an inspector proposes to board must take reasonable steps to facilitate the boarding if required by the inspector to do so.
Penalty for this subsection: a fine of $2 000.
(3) An inspector proposing to board a vessel may enter any premises that are not used as a residence to gain access to the vessel.
(4) If an inspector who boards a vessel or enters premises under this section fails to produce their identity card, or evidence that they are a police officer (if not in uniform), when requested to do so by the master of the vessel or by the occupier of the premises, the inspector —
(a) must leave the vessel or premises; and
(b) must not board the vessel or enter the premises again without producing their identity card or evidence that they are a police officer (if not in uniform).
(1) An inspector may require the master of a vessel —
(a) to answer questions put by the inspector about the nature or operations of the vessel; and
(b) to produce for inspection any books, records or other documents about the nature or operations of the vessel requested by the inspector.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $2 000.
(1) An inspector may exercise the powers under this section in relation to a vessel for the purposes of determining whether this Act is being or has been complied with.
(2) The inspector may, in relation to the vessel, do 1 or more of the following —
(a) search the vessel or anything on the vessel;
(b) examine or observe any activity conducted on the vessel;
(c) inspect, examine, take measurements of or conduct tests on the vessel or anything on or belonging to the vessel;
(d) take photographs, video recordings or other recordings of the vessel or anything on the vessel;
(e) without limiting section 18, require the production for inspection of any document on the vessel or issued or required to be held under this Act in relation to the vessel;
(f) take extracts from, or make copies of, any document produced under paragraph (e);
(g) take onto the vessel any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the vessel;
(h) require a person on the vessel to demonstrate the operation of machinery or equipment on the vessel;
(i) require a person on the vessel to give the inspector 1 or more of the following —
(i) the person’s name;
(ii) the person’s residential address;
(iii) the person’s date of birth;
(iv) evidence of the person’s identity;
(j) require, by any reasonable means, the master of the vessel to do 1 or more of the following —
(i) stop or manoeuvre the vessel;
(ii) adopt or maintain a specified course or speed;
(iii) take the vessel to a specified place.
(3) The inspector may, when on board the vessel, operate electronic equipment on the vessel to determine whether the following contain information that is relevant to the purposes of this section —
(a) the equipment;
(b) an information storage device that —
(i) is on the vessel; and
(ii) can be used with the equipment or is associated with the equipment.
(4) If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on board or leaving the vessel, do 1 or more of the following —
(a) operate electronic equipment on the vessel to put the information in documentary form;
(b) operate electronic equipment on the vessel to transfer the information to an information storage device that —
(i) is brought onto the vessel for that purpose; or
(ii) is on the vessel and the use of which for that purpose has been agreed to in writing by the master of the vessel;
(c) remove the documents or information storage device from the vessel.
(5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(6) A power under subsection (2) may be exercised whether or not the inspector —
(a) is on board the vessel; or
(b) has reasonable grounds for suspecting that there may be evidential material on the vessel.
(1) A person who, without reasonable excuse, fails to comply with a requirement under section 9(2)(e), (h), (i) or (j) commits an offence.
Penalty for this subsection: a fine of $5 000.
(2) A person commits an offence if, in response to a requirement made under section 9(2)(i), the person gives a false name, address or date of birth or false evidence of identity.
Penalty for this subsection: a fine of $5 000.
(1) This section applies if —
(a) a thing is found during the exercise of a power under section 9 in relation to a vessel; and
(b) the inspector believes on reasonable grounds that —
(i) the thing is evidential material; and
(ii) 1 or more of the powers under this section need to be exercised in order to prevent concealment, loss or destruction of the evidential material; and
(iii) the power or powers need to be exercised without a warrant either because of serious and urgent circumstances or because it is not practicable to obtain a warrant.
(2) The inspector may do 1 or more of the following —
(a) take a sample of the thing and remove the sample from the vessel;
(b) secure the thing for up to 72 hours;
(c) subject to subsection (3), seize the thing.
(3) If the thing is equipment or an information storage device that has been operated or used under section 9(3), the inspector may seize the thing only if —
(a) it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in section 9(4)(a) or to transfer all that evidential material as mentioned in section 9(4)(b); or
(b) the inspector believes on reasonable grounds that possession of the equipment or the information storage device could constitute an offence against a law of the State.
(4) In exercising a power under this section, the inspector must, as far as practicable, minimise damage to any property.
(1) An inspector may enter any premises for the purposes of determining whether this Act is being or has been complied with.
(2) An inspector may enter any premises if the inspector has reasonable grounds for suspecting that there may be evidential material on the premises.
(3) Despite subsections (1) and (2), the inspector cannot enter the premises unless —
(a) entry is in accordance with the consent of the occupier of the premises, given under section 24, and, if requested to do so by the occupier, the inspector has produced their identity card or evidence that they are a police officer (if not in uniform); or
(b) the entry is made under a warrant.
Note for this subsection:
Division 4 includes provisions that deal with consent to entry and matters relating to entry under a warrant.
(1) An inspector may exercise the powers under this section in relation to premises entered under section 12 for the purposes of determining whether this Act is being or has been complied with (whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the premises).
(2) The inspector may, in relation to the premises, do 1 or more of the following —
(a) search the premises or anything on the premises;
(b) examine or observe any activity conducted on the premises;
(c) inspect, examine, take measurements of or conduct tests on anything on the premises;
(d) take photographs, video recordings or any other recordings of the premises or anything on the premises;
(e) inspect any document on the premises;
(f) take extracts from, or make copies of, any document inspected under paragraph (e);
(g) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the premises.
(3) The inspector may, when on the premises, operate electronic equipment on the premises to determine whether the following contain information that is relevant to the purposes of this section —
(a) the equipment;
(b) an information storage device that —
(i) is on the premises; and
(ii) can be used with the equipment or is associated with the equipment.
(4) If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on or leaving the premises, do 1 or more of the following —
(a) operate electronic equipment on the premises to put the information in documentary form;
(b) operate electronic equipment on the premises to transfer the information to an information storage device that —
(i) is brought to the premises for that purpose; or
(ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;
(c) remove the document or information storage device from the premises.
(5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(6) The inspector may secure a thing on the premises for up to 72 hours if —
(a) the thing is found during the exercise of a power under this section in relation to the premises; and
(b) the inspector believes on reasonable grounds that —
(i) the thing is evidential material; and
(ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and
(iii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.
(1) An inspector may exercise the powers under this section in relation to premises entered under section 12 if the inspector has reasonable grounds for suspecting that there may be evidential material on premises.
(2) The inspector may, in relation to the premises, do 1 or more of the following —
(a) if entry to the premises is with the occupier’s consent — search the premises and anything on the premises for evidential material;
(b) if entry to the premises is under a warrant —
(i) search the premises and anything on the premises for evidential material of the kind specified in the warrant; and
(ii) seize evidential material of that kind;
(c) inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b) (whichever is relevant);
(d) take photographs, video recordings or any other recordings of the premises or evidential material referred to in paragraph (a) or (b) (whichever is relevant);
(e) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the premises;
(f) require a person on the premises to demonstrate the operation of machinery or equipment on the premises.
(3) The inspector may, when on the premises, operate electronic equipment on the premises to determine whether the following contain evidential material referred to in subsection (2)(a) or (b) (whichever is relevant) —
(a) the equipment; or
(b) an information storage device that —
(i) is on the premises; and
(ii) can be used with the equipment or is associated with the equipment.
(4) If evidential material is found in the exercise of a power under this section, the inspector may, when on or leaving the premises, do 1 or more of the following —
(a) operate electronic equipment on the premises to put the evidential material in documentary form;
(b) operate electronic equipment on the premises to transfer the evidential material to an information storage device that —
(i) is brought to the premises for that purpose; or
(ii) is on the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;
(c) remove the document or information storage device from the premises;
(d) if entry to the premises is under a warrant and the equipment or information storage device referred to in subsection (3) contains evidential material — seize the equipment or information storage device.
(5) The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(6) The inspector may seize the equipment or information storage device as mentioned in subsection (4)(d) only if —
(a) it is not practicable to put the evidential material in documentary form as mentioned in subsection (4)(a) or to transfer the evidential material to a device as mentioned in subsection (4)(b); or
(b) the inspector believes on reasonable grounds that possession of the equipment or information storage device by the occupier could constitute an offence against a law of the State.
(7) The inspector may seize a thing if —
(a) entry to the premises is under a warrant; and
(b) the inspector, in the course of searching for evidential material of the kind specified in the warrant, finds the thing and the inspector believes on reasonable grounds that the thing is evidential material; and
(c) the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction.
(8) A person who, without reasonable excuse, fails to comply with a requirement under subsection (2)(f) commits an offence.
Penalty for this subsection: a fine of $5 000.
(1) An inspector who is on premises that the inspector has entered under a warrant may require any person on the premises to —
(a) answer any questions put by the inspector; and
(b) produce for inspection any books, records or documents requested by the inspector.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $5 000.
In executing a warrant, an inspector may use any force against persons and things that is necessary and reasonable in the circumstances.
(1) This Subdivision does not limit Subdivision 1.
(2) Subdivision 1 does not prevent this Subdivision from applying to premises that are vessels.
(1) An inspector may, in the exercise of a power under this Act, require a person to produce for inspection any licence, permit, certificate or other document issued to or required to be held by the person under this Act.
(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $5 000.
(3) An inspector may take an extract from, or make a copy of, a document produced under subsection (1).
In this Subdivision —
(1) An order to produce must not be issued under this Subdivision to a person in relation to a business record that relates or may relate to an offence that the person is suspected of having committed.
(2) This Subdivision does not prevent an inspector from applying for a warrant in relation to a business record, whether before or after the issue of an order to produce.
(1) An inspector may apply for an order to produce a business record for the purpose of investigating a suspected contravention of this Act.
(2) An application for an order to produce must be made in person to a JP.
(3) An application for an order to produce a business record must —
(a) state the applicant’s official details; and
(b) state the suspected contravention of this Act in relation to which the order is required; and
(c) state the grounds on which the applicant suspects that the contravention has occurred; and
(d) set out the prescribed information (if any); and
(e) state the name of the person to whom the order will apply; and
(f) state that the person is not suspected of having committed an offence under this Act to which the business record relates; and
(g) describe with reasonable particularity the business record or class of business record that the applicant wants the person to produce; and
(h) state the grounds on which the applicant suspects the business record or class of business record is relevant to the investigation; and
(i) state whether the original or a copy of the business record or class of business record is required.
(1) On an application made under section 18C, a JP may issue an order to produce a business record if satisfied, by information on oath and in respect of each of the matters in section 18C(3) that the applicant suspects, that there are reasonable grounds for the applicant to have that suspicion.
(2) However, the JP must not issue the order to produce unless the applicant or some other person has given the JP, either orally or by affidavit, any further information that the JP may require concerning the grounds on which the issue of the order to produce is sought.
(3) An order to produce must contain the following information —
(a) the applicant’s official details;
(b) the name of the person to whom the order applies;
(c) a reasonably particular description of the business record or class of business record to be produced by the person;
(d) an order that the person produce the record or records;
(e) whether the original or a copy of the record or records is required;
(f) whether a paper, electronic or other version of the record or records is required;
(g) the place where the record or records are to be produced;
(h) the date on or before which the order must be obeyed, which must allow a reasonable period for the person to obey the order;
(i) the name of the JP who issued the order;
(j) the date and time when the order was issued.
(4) An order to produce must be in the prescribed form.
(5) If a JP refuses to issue an order to produce, the JP must record on the application the fact of, the date and time of, and the reasons for, the refusal.
(1) An inspector may apply, by remote communication, to a JP for an order to produce under section 18C —
(a) in an urgent case; or
(b) if the inspector believes on reasonable grounds that a JP is not available within a reasonable distance of the inspector.
(2) The JP must not issue the order to produce unless satisfied as to the matter in subsection (1)(a) or (b) (whichever is relevant).
(3) The
Criminal Investigation Act 2006 section 13(5) to (8) apply in relation to an application under this section.
(1) An order to produce must be served on the person to whom it applies as soon as practicable after it is issued.
(2) An order to produce may be served —
(a) by personal service or by post; or
(b) with the consent of the person to be served, by email or fax or in another agreed way.
(1) An order to produce has effect according to its contents.
(2) A person who is served with an order to produce and who, without reasonable excuse, fails to comply with it commits an offence.
Penalty for this subsection: a fine of $5 000.
(1) An inspector to whom a business record is produced under an order to produce may retain it for a reasonable time to determine its evidentiary value.
(2) An inspector to whom a business record is produced may, if necessary to preserve the evidentiary value of the document or to subject it to forensic analysis —
(a) seize the document; and
(b) whether or not the document is seized, inspect, examine, take measurements of or conduct tests on it; and
(c) make and retain a copy of it.
(3) Section 40(1)(c) does not apply in relation to a thing seized under subsection (2)(a).
(4) A person who produces a business record in compliance with an order to produce is not liable to any action or remedy by any person at common law for producing that document.
(1) An inspector may give a person a direction requiring the person to take any action that is reasonable in the circumstances if the inspector believes on reasonable grounds that —
(a) the person is contravening, or likely to contravene, a provision of this Act; or
(b) it is desirable in the public interest for the inspector to give the person the direction.
(2) An inspector may give a person a direction requiring the person to take any action that is reasonable in the circumstances if, in relation to the use of State waters or in relation to a vessel, an inspector believes on reasonable grounds that it is necessary to give the person the direction in order to protect the safety of people or to protect the environment.
(3) Without limiting subsection (1) or (2), a direction may require the person given the direction to ensure that —
(a) a specified vessel is not operated; or
(b) a specified vessel is moved from, or taken to, a specified place; or
(c) a specified activity is or is not engaged in; or
(d) a specified activity is or is not engaged in, in a specified manner or at a specified place.
(4) A person given a direction under subsection (1) or (2) must comply with it.
Penalty for this subsection: a fine of $5 000.
(1) A direction under section 19 must —
(a) be given in writing, unless the inspector believes on reasonable grounds that there is an urgent need to protect the safety of people or to protect the environment; and
(b) specify the period within which the action must be taken; and
(c) include the inspector’s reasons for giving the direction.
(2) The direction may include specified steps that the person given the direction must take to satisfy the inspector that the action required to be taken to comply with the direction has been taken.
(3) Before the end of the period specified in a direction, an inspector may extend the period in writing and, in that case, the references in sections 19 and 21 to the period specified are references to that period as extended under this subsection.
(1) If a person given a direction under section 19 does not take the action specified in the direction within the period specified, an inspector may take the action or arrange for it to be taken.
(2) The inspector may do all things necessary for the purposes of subsection (1).
(3) The chief executive officer may recover the reasonable costs and expenses incurred under subsection (1) from the person given the direction and may seek an order for the recovery of those costs and expenses in a court of competent jurisdiction.
(1) An inspector may give a notice under this section (an
improvement notice ) to a person if the inspector believes on reasonable grounds that the person —(a) is contravening a provision of this Act; or
(b) has contravened a provision of this Act and is likely to contravene that provision again.
(2) The inspector must specify in the notice —
(a) the provision that the inspector believes is being or is likely to be contravened; and
(b) the reasons for that belief; and
(c) that the person given the notice must take action to remedy or prevent the contravention; and
(d) the period within which the person must comply with the notice.
(3) The inspector may specify in the notice any action the person must or must not take during the period specified in the notice.
(4) Before the end of the period specified in the notice, an inspector may extend the period in writing.
(5) A person given an improvement notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.
Penalty for this subsection: a fine of $5 000.
(1) A person given an improvement notice under section 22(1) in relation to a vessel must ensure that a copy of the notice is displayed —
(a) as directed by the inspector who issued the notice; or
(b) if there is no such direction — in a prominent place on or near the vessel.
Penalty for this subsection: a fine of $2 000.
(2) The inspector who gave the notice referred to in subsection (1) must give a copy of the notice to each of the following persons, unless the person has been given the notice under section 22(1) —
(a) the owner of the vessel; and
(b) the master of the vessel.
(3) A failure to comply with subsection (2) does not affect the validity of the notice.
(4) A person must not, without reasonable excuse —
(a) tamper with a notice displayed under subsection (1); or
(b) remove a notice displayed under subsection (1) before the notice has ceased to have effect.
Penalty for this subsection: a fine of $2 000.
(1) For the purposes of section 12(3)(a), a person gives consent to entry to premises by an inspector if the person consents after being informed by the inspector —
(a) of the power of entry that the inspector wants to exercise in respect of the premises; and
(b) of the reason why the inspector wants to exercise the power; and
(c) that the person can refuse to consent to the inspector entering the premises.
(2) A consent has no effect unless the consent is voluntary.
(3) A consent may be expressed to be limited to entry during a particular period and, if so, the consent has effect for that period unless the consent is withdrawn, or the purposes of the entry are fulfilled, before the end of that period.
(4) A consent that is not limited to a period has effect until the consent is withdrawn or the purposes of the entry are fulfilled.
(5) If an inspector enters premises under section 12 with the consent of the occupier of the premises, the inspector, and any person assisting the inspector, must leave the premises as soon as practicable after the consent ceases to have effect.
If under this Part any information must be given to, or consent may be obtained from, or any thing must be done in respect of, the occupier of premises, then in a case where there are 2 or more occupiers of the premises, it is sufficient to give the information to, or obtain consent from, or do the thing in respect of, any 1 of the occupiers.
(1) An inspector may apply in person to a judicial officer for a warrant in relation to premises.
(2) The judicial officer may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.
(3) However, the judicial officer must not issue the warrant unless the inspector or some other person has given to the judicial officer, either orally or by affidavit, any further information that the judicial officer may require concerning the grounds on which the issue of the warrant is sought.
(4) The warrant must —
(a) describe the premises to which the warrant relates; and
(b) state that the warrant is issued under this section; and
(c) specify the offence or offences to which the warrant relates; and
(d) state the kind of evidential material that may be searched for under the warrant; and
(e) state the inspector’s official details; and
(f) authorise the inspector to enter the premises for the purposes of this Part; and
(g) state that the inspector may exercise powers under this Part in relation to the premises; and
(h) state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and
(i) specify the day, not more than 1 week after the issue of the warrant, on which the warrant ceases to be in force.
(5) A warrant must be in the prescribed form.
(1) An inspector may apply, by remote communication, to a judicial officer for a warrant under section 26 —
(a) in an urgent case; or
(b) if the inspector believes on reasonable grounds that a judicial officer is not available within a reasonable distance of the inspector.
(2) The judicial officer must not grant the warrant unless satisfied as to the matter in subsection (1)(a) or (b) (whichever is relevant).
(3) The
Criminal Investigation Act 2006 section 13(5) to (8) applies in relation to an application under this section.
(1) An inspector must, before entering premises under a warrant —
(a) announce that they are authorised to enter the premises; and
(b) give any person at the premises an opportunity to allow entry to the premises.
(2) If the occupier is present when it is proposed to enter premises under a warrant, the inspector must, before the entry is made —
(a) if they are not a police officer — identify themselves to the occupier by producing their identity card; and
(b) if they are a police officer who is not in uniform — identify themselves to the occupier by producing evidence that they are a police officer; and
(c) inform the occupier that it is proposed to enter the premises; and
(d) make a copy of the warrant available to the occupier; and
(e) inform the occupier of their rights and responsibilities under this Subdivision.
(3) However, an inspector need not comply with subsections (1) and (2) if the inspector believes on reasonable grounds that immediate entry to the premises is required —
(a) to ensure the safety of a person; or
(b) to ensure that the effective execution of the warrant is not frustrated.
(4) If subsections (1) and (2) are not fully complied with before premises are entered, then as soon as practicable after the premises are entered, they must be complied with to the extent relevant.
(5) If premises entered are unoccupied, the inspector must leave the following in a prominent position at the premises before leaving —
(a) a notice stating —
(i) the inspector’s official details; and
(ii) that the premises have been entered;
(b) a copy of the warrant completed in accordance with section 32(2).
(6) The copy of a warrant given or left under this section must omit the name of the judicial officer who issued it.
While a warrant is being executed in relation to premises, the inspector executing the warrant must be in possession of the warrant or a copy of it.
(1) The occupier of premises in relation to which a warrant is being executed is, if the occupier is present at the time of its execution, entitled to observe the execution of the warrant.
(2) The right to observe the execution of the warrant ceases if the occupier impedes that execution.
(3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.
(1) The occupier of premises to which a warrant relates must provide an inspector executing the warrant, and any person assisting the inspector, with all reasonable facilities and assistance for the effective exercise of their powers.
(2) A person who fails to comply with subsection (1) commits an offence.
Penalty for this subsection: a fine of $5 000.
(1) A warrant may be executed by the inspector to whom it was issued or by another inspector authorised for that purpose by the chief executive officer.
(2) On completing the execution of a warrant, the inspector in charge of executing the warrant must record the following matters on it —
(a) the inspector’s official details;
(b) the date and time when the warrant was executed;
(c) any other matter that is prescribed.
(1) This section applies if an inspector temporarily ceases executing a warrant and, with all persons assisting the inspector, leaves the premises.
(2) The inspector may complete the execution of the warrant if —
(a) the warrant is still in force; and
(b) 1 of the following applies —
(i) the inspector and persons assisting are absent from the premises for not more than 1 hour;
(ii) if there is an emergency — the inspector and persons assisting are absent from the premises for not more than 12 hours or any longer period allowed by a judicial officer under subsection (5);
(iii) the occupier of the premises consents in writing.
(3) An inspector may apply to a judicial officer for an extension of the 12‑hour period mentioned in subsection (2)(b)(ii) if —
(a) there is an emergency; and
(b) the inspector believes on reasonable grounds that the inspector will not be able to return to the premises within the 12‑hour period.
(4) If it is practicable to do so, the inspector must, before making the application, give notice to the occupier of the premises of their intention to apply for an extension.
(5) The judicial officer may extend the period during which the inspector and persons assisting may be absent from the premises if —
(a) the judicial officer is satisfied, by information on oath, that there are exceptional circumstances that justify the extension; and
(b) the extension would not result in the period ending after the warrant ceases to be in force.
An inspector may complete the execution of a warrant that has been stopped by an order of a court if —
(a) the order is later revoked or reversed; and
(b) the warrant is still in force when the order is revoked or reversed.
(1) This section applies if an inspector believes on reasonable grounds that —
(a) on premises to which a warrant relates, there is information (
relevant information ) relevant to determining whether there is evidential material on the premises; and(b) the relevant information may be accessed by operating electronic equipment on the premises; and
(c) expert assistance is required to operate the equipment; and
(d) the relevant information may be destroyed, altered or otherwise interfered with if the inspector does not take action under this section.
(2) The inspector may do whatever is necessary to secure the equipment for up to 72 hours, whether by locking it up, placing a guard or other means.
(3) The inspector must give notice to the occupier of the premises of their intention to secure the equipment and of the fact that the equipment may be secured for up to 72 hours.
(1) If an inspector believes on reasonable grounds that a thing needs to be secured under section 11(2)(b), 13(6) or 35(2) for more than 72 hours, the inspector may apply to a judicial officer for an extension of that period.
(2) The inspector must give notice to the occupier of the premises on which the thing is secured of the inspector’s intention to apply for an extension, and the occupier is entitled to be heard in relation to that application.
(3) The provisions of Subdivision 2 relating to the issue of warrants apply, with necessary modifications, to the granting of an extension.
(4) The 72‑hour period may be extended more than once.
A person commits an offence if —
(a) an inspector is securing, or has secured, a thing under section 11(2)(b), 13(6) or 35(2); and
(b) the person interferes with the securing of the thing, or the secured thing; and
(c) the period for which the thing is secured has not ended.
Penalty: a fine of $10 000.
(1) This section applies if, under this Part, an inspector seizes 1 or more of the following —
(a) a document, film, computer file or other thing that can be readily copied;
(b) an information storage device from which information can be readily copied.
(2) The following persons may request the inspector to give a copy of the thing or the information to that person —
(a) if the inspector seized the thing or information under section 18H(2)(a) — the person who produced the thing or the information to the inspector;
(b) otherwise — the occupier of the premises.
(3) The inspector must comply with the request as soon as practicable after the seizure.
(4) However, the inspector is not required to comply with the request if the inspector believes on reasonable grounds that possession of the thing or information by the person or occupier constitutes an offence against a law of the State or another Australian jurisdiction.
(1) If a thing is seized under this Part, an inspector must provide a receipt for the thing.
(2) If 2 or more things are seized, they may be covered in the 1 receipt.
(1) An inspector must take reasonable steps to return a thing seized under this Part when the earliest of the following happens —
(a) the reason for the thing’s seizure no longer exists;
(b) it is decided that the thing is not to be used in evidence;
(c) the period of 60 days after the thing’s seizure ends.
(2) Subsection (1) —
(a) is subject to any contrary order of a court; and
(b) does not apply if the thing —
(i) is forfeited or forfeitable to the State; or
(ii) is the subject of a dispute as to ownership.
(3) An inspector need not take steps to return a thing because of subsection (1)(c) if —
(a) proceedings in respect of which the thing may afford evidence commenced before the end of the period referred to in subsection (1)(c) and have not been completed, including an appeal to a court in relation to those proceedings; or
(b) the thing may be retained under an order under section 41; or
(c) the State, the chief executive officer or an inspector is otherwise authorised, by a law or an order of a court, to retain, destroy, dispose of or otherwise deal with the thing.
(4) A thing that is required to be returned under this section must be returned —
(a) to the person from whom it was seized; or
(b) if the person from whom it was seized is not entitled to possess the thing — to the owner of the thing.
(1) An inspector may apply to a judicial officer for an order permitting the retention of a thing seized under this Part if —
(a) proceedings in respect of which the thing may afford evidence have not been commenced; and
(b) the application is made before the expiry of —
(i) the period referred to in section 40(1)(c); or
(ii) a previous order under this section.
(2) The judicial officer may order that the thing may be retained for the period specified in the order if satisfied that it is necessary for the thing to be retained —
(a) for the purposes of an investigation in respect of an offence under this Act; or
(b) to enable evidence of an offence under this Act to be secured for the purposes of a prosecution.
(3) The total period for which a thing may be retained must not exceed 3 years.
(4) Before making an application under subsection (1), the inspector must —
(a) take reasonable steps to discover who has an interest in the thing or the retention of the thing; and
(b) if it is practicable to do so, notify each person the inspector believes to have such an interest of the proposed application.
(1) This section applies to a thing seized under this Part if an inspector has taken reasonable steps to return the thing to a person and 1 of the following applies —
(a) the inspector has been unable to locate the person, despite making reasonable efforts;
(b) the person has refused to take possession of the thing;
(c) the inspector has contacted the person about the return of the thing, and the person has not taken possession of the thing within 3 months after being contacted or any longer period agreed to in writing by the inspector.
(2) The chief executive officer may declare, by order published in the
Gazette , that the thing is forfeited to the State.(3) A thing that is the subject of a declaration under subsection (2) is forfeited to the State.
(4) The
Criminal and Found Property Disposal Act 2006 applies to the disposal of a thing that is forfeited to the State under this section.
Note for this subsection:
The Department is a prescribed agency for the purposes of the
(1) For the purposes of this Act and in addition to any particular powers conferred by or under this Act, an inspector may order a vessel to be stopped and may go on board, inspect and search a vessel and may detain the vessel for so long as is necessary for the purposes of inspection and search.
(2) An official of the Department, a person engaged to act on behalf of the Department, an authorised person, an inspector and a surveyor appointed under this Act may —
(a) at all reasonable times go on board any vessel to which any of the provisions of this Act extend, for the purpose of examining the hull, boilers and machinery, and making any report thereon required for the purposes of this Act; and
(b) inspect any boats, equipment, or materials on board or belonging to any such vessel; and
(c) go on board and inspect any such vessel for the purpose of inquiring into or reporting upon the nature and causes of any casualty which the vessel has sustained or caused, or is alleged to have sustained or caused; and
(d) require the production of and inspect any licence, permit, certificate or other document issued, or required to be issued, in connection with the ownership, use, or navigation of the vessel; and
(e) inspect the vessel and any machinery, equipment, or article —
(i) that is required by or under this Act to be carried in or on board the vessel; or
(ii) the condition of which could affect the seaworthiness of the vessel.
58. Power to inspect logs and muster crew
(1) Where there is reason to suspect that this Act or the regulations are not complied with, an inspector or authorised person may —
(a) require the owner, master, or any person on board a commercial vessel to produce any official logbook, ship’s logbook, engineroom logbook and other documents relating to any member of the crew of the vessel, in their respective possession or control; and
(b) require the master of a commercial vessel to produce a list of all persons on board his ship; and
(c) take copies of such logbooks and documents or of any part thereof; and
(d) muster the crew of any such ship; and
(e) summon the master to appear and give any explanation concerning such ship or her crew and such logs and documents.
(2) A person who —
(a) upon requisition made under subsection (1) refuses or neglects to produce or to permit inspection and copying of any logbook or other document; or
(b) impedes any mustering of the crew; or
(c) refuses or neglects to give any explanation which he is required to give under subsection (1); or
(d) knowingly misleads or deceives any person authorised by subsection (1) to require an explanation,
is guilty of an offence.
Penalty: $1 000.
The master of a vessel who uses or displays, or causes or permits any person to use or display, any of the signals of distress, except where the vessel is in distress, is liable to pay compensation and costs incidental thereto, recoverable in any court of competent jurisdiction, for any labour undertaken, risk incurred, or loss sustained in consequence of the signal having been regarded as a genuine signal of distress.
(1) A person who is the owner or master of a pleasure vessel or prescribed vessel must ensure that the vessel is not operated if it is an unsafe vessel.
Penalty for this subsection: a fine of $5 000.
(2) A person who hires a prescribed vessel must ensure that the vessel is not used if it is an unsafe vessel.
Penalty for this subsection: a fine of $5 000.
(3) Subsection (2) does not apply to a person and a vessel if subsection (1) does.
(4) It is a defence in a prosecution for an offence against subsection (1) or (2) to show that —
(a) the person charged used all reasonable means to ensure that the vessel was not an unsafe vessel; or
(b) the operation of the vessel (where relevant) was, in the circumstances, reasonably justified for the purposes of protecting the vessel from imminent danger.
(5) The fact that an unsafe vessel has been detained under section 61 is not a bar to proceedings under this section.
(6) Proceedings for an offence against subsection (1) or (2) cannot be brought without the consent of the chief executive officer.
Subject to this Act, a person shall not, without the consent of the owner or master of a vessel, navigate or otherwise assume control of the vessel or interfere with the vessel, its equipment, or moorings.
Penalty: a fine of $5 000.
(1) The chief executive officer may detain a pleasure vessel or prescribed vessel and bring it, or cause it to be brought, to a port or to another place that the chief executive officer considers appropriate, if the chief executive officer believes on reasonable grounds that the vessel is an unsafe vessel.
(2) If a vessel is detained under subsection (1), the chief executive officer must give written notice (the
initial notice ), within 7 days after the day on which the vessel was detained, to —(a) the master of the vessel; or
(b) if the master of the vessel cannot be located — the person who had possession or control of the vessel immediately before it was detained.
(3) The notice must —
(a) identify the vessel; and
(b) state that the vessel has been detained because it is believed to be an unsafe vessel; and
(c) specify the grounds for that belief; and
(d) provide the contact details of an officer of the Department who can provide further information.
(4) The chief executive officer must, within 21 days after the day on which the vessel was detained, do 1 of the following —
(a) designate a person under section 63(2) to inspect the vessel and provide a report on it;
(b) give a further notice to the person given the initial notice specifying —
(i) the conditions that the chief executive officer determines are required to be complied with before the vessel may be released from detention and returned; and
(ii) the period (which cannot be less than 3 months) within which those conditions are to be complied with;
(c) authorise the vessel to be released from detention and returned.
(5) The chief executive officer may enter into a written contract for the provision of services relating to —
(a) bringing a vessel detained under this section, or causing it to be brought, to a port or other place under subsection (1); or
(b) storing a vessel detained under this section.
(1) A person commits an offence if —
(a) the person operates a detained vessel, or causes or permits the operation of a detained vessel; and
(b) the vessel has not been released from detention; and
(c) the chief executive officer has not authorised the person to operate the vessel.
Penalty for this subsection: a fine of $5 000.
(2) It is a defence in a prosecution for an offence against subsection (1) to show that the operation of the vessel was, in the circumstances, reasonably justified for the purposes of protecting the vessel from imminent danger.
(1) In this section —
(2) The chief executive officer may designate an officer of the Department or another person to inspect a detained vessel and provide a report on the vessel to the chief executive officer.
(3) The chief executive officer must, within 14 days after the day on which a report is provided under subsection (2), do 1 of the following —
(a) give a further notice to the person given the initial notice (under section 61(2)) in relation to the vessel specifying —
(i) the conditions that the chief executive officer determines are required to be complied with before the vessel may be released from detention and returned; and
(ii) the period (which cannot be less than 3 months) within which those conditions are to be complied with;
(b) authorise the vessel to be released from detention and returned.
(4) The designated person has, for the purpose of inspecting a detained vessel, the powers of an inspector under sections 7 and 9.
(5) For the purposes of subsection (4) —
(a) sections 7 and 9 apply as if references in them to an inspector were references to the designated person; and
(b) section 7(4) applies as if the reference in that subsection to an inspector failing to produce their identity card were a reference to a designated person failing to produce evidence of their designation under subsection (2); and
(c) section 10 applies for the purposes of section 9, as applied by paragraph (a).
(6) The designated person may authorise other persons to assist in the exercise of the designated person’s powers under this section.
(1) The chief executive officer must authorise a detained vessel to be released from detention and returned if satisfied that —
(a) the vessel is not an unsafe vessel; or
(b) the grounds for the belief that the vessel was an unsafe vessel, specified in the initial notice (under section 61(2)) in relation to the vessel, no longer apply; or
(c) the conditions specified in a notice under section 61(4)(b) or 63(3)(a) in relation to the vessel have been complied with.
(2) The regulations may make provision for and in relation to the return of detained vessels, including —
(a) the steps that must be taken to return a detained vessel; and
(b) the person to whom a detained vessel must be returned.
(1) This section applies to a detained vessel if the chief executive officer has taken the steps required by regulations under section 63A(2) to return the vessel to a person and 1 of the following applies —
(a) the chief executive officer has been unable to locate the person, despite making reasonable efforts;
(b) the person has refused to take possession of the vessel;
(c) the chief executive officer has contacted the person about the return of the vessel, and the person has not taken possession of the vessel within 3 months after being contacted or any longer period agreed to in writing by the chief executive officer.
(2) This section applies to a detained vessel if the conditions specified in a notice given under section 61(4)(b) or 63(3)(a) in relation to the vessel have not been complied with within the period specified in the notice or any longer period agreed to in writing by the chief executive officer.
(3) The chief executive officer may declare, by order published in the
Gazette , that the vessel is forfeited to the State.(4) A vessel that is the subject of a declaration under subsection (3) is, subject to section 63C, forfeited to the State.
(5) The
Criminal and Found Property Disposal Act 2006 applies to the disposal of a vessel that is forfeited to the State under this section.
Note for this subsection:
The Department is a prescribed agency for the purposes of the
(1) In this section —
(a) a decision under section 61(1) to detain a vessel;
(b) a notice under section 61(4)(b) or 63(3)(a) given in relation to a vessel;
(c) a declaration under section 63B(3) that a vessel is forfeited to the State.
(2) A person aggrieved by a decision may apply to the State Administrative Tribunal for a review of the decision.
In this section and sections 64A, 64B and 64D —
(a) the jurisdiction in which the vessel is registered;
(b) the name of the vessel;
(c) the registration number of the vessel;
(d) the contact details of the owner of the vessel (if known);
(a) references in that definition to a domestic commercial vessel were references to a vessel; and
(b) paragraph (i) of that definition were omitted.
(1) If a vessel is involved in a marine incident, the master of the vessel must do each of the following, to the extent that they can do so without endangering their vessel, crew or passengers (if any) —
(a) stand by to render assistance to persons or other vessels involved in the incident until satisfied that there is no need or no further need to render assistance;
(b) render assistance to persons and other vessels involved in the incident;
(c) give to any person injured as a result of the incident, and to the master or owner of any other vessel involved in the incident —
(i) the master’s contact details; and
(ii) the identification details of their vessel.
(2) The master of a vessel commits a crime if —
(a) the vessel is involved in a marine incident that occasions the death of, or grievous bodily harm or bodily harm to, a person; and
(b) the master, without reasonable excuse, fails to comply with subsection (1)(a) or (b) in relation to the incident.
Penalty for this subsection:
(a) if the marine incident occasions the death of a person — imprisonment for 20 years;
(b) if the marine incident occasions grievous bodily harm to a person — imprisonment for 14 years;
(c) if the marine incident occasions bodily harm to a person — imprisonment for 10 years.
Summary conviction penalty for this subsection in a case in which the marine incident does not occasion the death of, or grievous bodily harm to, a person: imprisonment for 3 years.
(2A) A court sentencing a person for an offence against subsection (2) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) if the marine incident occasions the death of, or grievous bodily harm to, a person — for a period of not less than 2 years;
(b) if the marine incident occasions bodily harm to a person — for a period of not less than 12 months.
(3) The master of a vessel commits an offence if the master, without reasonable excuse, fails to comply with subsection (1)(a), (b) or (c).
Penalty for this subsection: a fine of $5 000.
(4) For the purposes of this section, to render assistance to a person or vessel is to assist to the extent that the assistance is practicable and necessary to save the person or vessel from danger resulting from the incident.
(1) This section applies if a vessel is involved in a marine incident and 1 or more of the following result —
(a) a person is injured or dies;
(b) the vessel sustains damage affecting its seaworthiness;
(c) another vessel is lost or sustains damage affecting its seaworthiness.
(2) The master and the owner of the vessel must, as soon as practicable after becoming aware of the incident, give a report (which need not be in writing) to the chief executive officer that includes each of the following —
(a) particulars of the incident and its possible cause;
(b) the contact details of the master and the owner;
(c) the identification details of the vessel;
(d) the present position of the vessel (where practicable);
(e) details of the marine qualifications of the master.
(3) However, if either of the master or owner of the vessel complies with subsection (2), the other need not comply with subsection (2).
(3A) A person commits a crime if —
(a) the person is the master or owner of a vessel; and
(b) the vessel is involved in a marine incident that occasions the death of, or grievous bodily harm or bodily harm to, another person; and
(c) the person, without reasonable excuse, fails to comply with subsection (2) in relation to the incident.
Penalty for this subsection:
(a) if the marine incident occasions the death of, or grievous bodily harm to, a person — imprisonment for 10 years;
(b) if the marine incident occasions bodily harm to a person — imprisonment for 12 months.
Summary conviction penalty for this subsection in a case in which the marine incident occasions the death of, or grievous bodily harm to, a person: imprisonment for 12 months.
(3B) A court sentencing a person for an offence against subsection (3A) must order that the person is disqualified from holding or obtaining a WA marine qualification for a period of not less than 12 months.
(3C) A person commits an offence if —
(a) the person is the master or owner of a vessel; and
(b) the person, without reasonable excuse, fails to comply with subsection (2).
Penalty for this subsection: a fine of $2 000.
(4) The master and owner of the vessel must, within 72 hours after becoming aware of the incident, give a written report to the chief executive officer, in a form and manner approved by the chief executive officer, that —
(a) contains all of the details referred to in subsection (2), and any other relevant details required by the form; and
(b) confirms any report given under subsection (2).
Penalty for this subsection: a fine of $2 000.
(5) However, if either of the master or owner of the vessel complies with subsection (4), the other need not comply with subsection (4).
(1) This section applies in relation to a vessel if section 64B applies in relation to the vessel.
(2) The master of the vessel must take all reasonable steps to ensure the preservation of any material that may be relevant to an investigation of the incident.
Penalty for this subsection: a fine of $5 000.
(3) The owner of the vessel must take all reasonable steps to ensure the preservation of any material that may be relevant to an investigation of the incident.
Penalty for this subsection: a fine of $5 000.
(4) A person on board the vessel must not interfere with any material that may be relevant to an investigation of the incident.
Penalty for this subsection: a fine of $5 000.
(1) In this section —
(a) the master or owner of the vessel; or
(b) another person who appears to be in possession or control of the vessel.
(2) This section applies if a vessel is involved in a marine incident.
(3) An inspector or police officer may require a responsible person for the vessel to give the inspector or police officer any information that —
(a) is in the responsible person’s power to give; and
(b) may assist in identifying a person who was the master of the vessel, or operating or attempting to operate the vessel (as defined in section 75AA(1)), when the marine incident occurred.
(4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (3) commits an offence.
Penalty for this subsection:
(a) if the marine incident occasions the death of, or grievous bodily harm or bodily harm to, a person — imprisonment for 12 months or a fine of $3 000;
(b) otherwise — a fine of $3 000.
(1) The Minister may grant a licence to any person conferring on that person the right to use, exclusively or in common with another person or other persons, the waters specified in the licence for the purpose of mooring vessels.
(2) A licence may be granted under this section upon such terms and subject to such conditions as the Minister thinks fit.
(1) Where the chief executive officer is satisfied that for reasons of safety or by reason of an emergency it is expedient that any State waters should be closed to navigation or closed to navigation by vessels of a particular type or class, the chief executive officer may by order close those waters to navigation accordingly and effect shall be given to such an order in accordance with its terms.
(2) An order under subsection (1) —
(a) may be served on the master of a vessel; and
(b) shall be published for general information in such part of the State as is likely to be affected by the order as soon as practicable and in such manner as the chief executive officer considers likely to be appropriate having regard to the circumstances and what may be practicable; and
(c) may be varied, renewed or cancelled by subsequent order so made; and
(d) has effect and the force of law in relation to the waters therein specified on and from the time of the making of the order, or such other subsequent time as is specified in the order, and may be made so as to apply only to the period specified in the order or without specifying any such period; and
(e) may be made so as to be unconditional and so as to apply to any vessel, or so as to provide, whether subject to conditions or unconditionally, that specified persons or vessels may be exempted; and
(f) may confer a discretionary authority on any person therein specified.
(3) A person who —
(a) obstructs any person acting in accordance with a power, authority or discretion conferred under this section; or
(b) knowingly navigates a vessel in contravention of an order made and published under this section,
is guilty of an offence.
Penalty for this subsection: a fine of $5 000.
(4) The variation or cancellation of an order made under this section does not affect any penalty or punishment incurred, imposed, or liable to be incurred or imposed, prior to that variation or cancellation, or any investigation or legal proceedings in respect of such a penalty or punishment, notwithstanding any other enactment.
[(5) deleted]
(1) The chief executive officer may by order published in the
Gazette limit the speed at which vessels may be navigated in any State waters specified in the order.(2) An order published under subsection (1) may —
[(a) deleted] (b) apply to vessels generally or to a particular vessel or class of vessels; and
(c) be of general application or may apply only in relation to the time, place and circumstances specified in the order; and
(d) be varied or cancelled by a further order published in the
Gazette .
(3) A person who causes, permits or suffers a vessel to be navigated contrary to an order published under this section commits an offence.
Penalty for this subsection: a fine of $2 000.
(1) The Minister may, by notice published in the
Gazette , approve of types of apparatus for ascertaining the speed at which a vessel is moving and may, by notice so published, revoke any such approval.(2) In any proceeding for an offence against this or any other Act or regulations made thereunder evidence may be given of the use of speed measuring equipment by an inspector in relation to a vessel and of the speed at which that vessel was moving as ascertained by the use of that equipment, and that evidence is
prima facie evidence of the speed at which that vessel was moving at the time of the use of that equipment in relation to that vessel.(3) In any proceeding of the kind mentioned in subsection (2), evidence by an inspector that apparatus used by him was speed measuring equipment within the meaning of this section is
prima facie evidence of that fact.
(4) Nothing in this section shall be construed as precluding or restricting the introduction of any competent evidence, whether in addition to, or independent of, any evidence for which provision is made by this section, bearing on the question of whether a person was or was not guilty of an offence against this or any other Act or regulations made thereunder.
(5) In this section —
The master of a pleasure vessel or a prescribed vessel that departs from or arrives at any port in the State with the hatches of the vessel not properly battened down and secured, or not in a position and condition that they can be battened down and secured without delay, is guilty of an offence.
Penalty: a fine of $2 000.
(1) A person (other than an inspector or authorised person) must not, without reasonable excuse or the permission of the master of a vessel, board or remain alongside the vessel in any port during the night.
Penalty for this subsection: a fine of $500.
(2) The master or a police officer may apprehend and detain any person found to be offending against subsection (1) and a person so detained must be brought before a court as soon as practicable.
(1) Whenever a vessel which is in navigable waters and, in the opinion of an inspector, constitutes or is likely to constitute a hazard or obstruction to other vessels using those waters, whether as a result of being abandoned, derelict, stranded, sunk, unfit for sea service, wrecked or otherwise, the chief executive officer may, by notice in writing served on the owner of that vessel or, if the identity or whereabouts, or both, of the owner of that vessel cannot he ascertained after the making of reasonable inquiries, published once in a newspaper circulating through out the State, declare that vessel to be a navigational hazard and require that vessel to be removed within such period, being not less than 7 days after the date of service or publication of that notice, as is specified in that notice from all navigable waters or to a place specified in that notice.
(2) If a requirement under subsection (1) is not complied with, the chief executive officer may remove or cause to be removed the navigational hazard from all navigable waters or to the place specified in the notice referred to in that subsection, as the case may be.
(3) The cost of removal under subsection (2) is a debt due to the Crown and a first charge in priority to all other claims on the navigational hazard.
(4A) In accordance with the
Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (3).(4B) The chief executive officer may recover the cost of removal under subsection (2) by —
(a) action in a court of competent jurisdiction against the owner of the navigational hazard; or
(b) selling or causing to be sold the navigational hazard.
(4C) If under subsection (4B)(b) any navigational hazard is sold in good faith to a person and the person takes the property in good faith, the person receives good title to the navigational hazard against every other person including its true owner.
(4) The proceeds of a sale referred to in subsection (4B)(b) shall be applied —
(a) first in payment of the costs of that sale; and
(b) secondly in payment of the costs of removing the navigational hazard,
and the balance, if any, of those proceeds shall he paid to the owner of the navigational hazard or, if the identity or whereabouts, or both, of that owner cannot be ascertained after making reasonable inquiries, credited to the Consolidated Account.
(5) In this section,
waters means waters within —(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State.
(1) A person who —
(a) being drunk or disorderly, has been on that account refused admission into a passenger ship by the owner or any person in his employ, and, after having had the amount of his fare (if he has paid a fare) returned or tendered to him, nevertheless persists in attempting to enter the ship; or
(b) being drunk or disorderly on board such ship, is requested by the owner or any person in his employ to leave her at any place which she visits in the State, and, having had the amount of his fare (if he has paid a fare) returned or tendered to him, refuses to comply with the request; or
(c) being on board any such ship, after warning by the master or any other officer of the ship, molests or continues to molest any passenger; or
(d) having boarded such ship without permission of the master or other officer in authority, refuses to leave the ship after being requested to do so by the master or officer; or
(e) after having been refused admission into any such ship by the owner or any person in his employ on account of the ship being full, and, after having had the amount of his fare (if he has paid a fare) returned or tendered to him, nevertheless persists in attempting to enter the ship; or
(f) having boarded any such ship, upon being requested by the owner or any person in his employ to leave the ship before she has quitted the place at which such person boarded on account of the ship being full, and, upon having the amount of his fare (if he has paid a fare) returned or tendered to him, refuses to comply with the request; or
(g) travels or attempts to travel in any such ship without having previously paid the fare when demanded and with intent to avoid payment of the fare; or
(h) having paid the fare for a certain distance, knowingly and wilfully proceeds in any such ship beyond that distance without previously paying the additional fare for the additional distance when demanded and with intent to avoid payment of the additional fare; or
(i) knowingly and wilfully refuses or neglects, on arriving at the place or point to which he has paid the fare, to quit the ship; or
(j) being on board any such ship does not, when required by the master or other officer of such ship, either pay the fare or exhibit such ticket or other receipt (if any) showing the payment of the fare as is usually given to persons travelling by the ship and paying the fare,
is guilty of an offence.
Penalty: $500.
(2) A penalty under this section shall not prejudice the recovery of any fare payable by the offender.
A person who on board a passenger ship wilfully does or causes to be done anything —
(a) to obstruct or injure any part of the boilers, machinery, or equipment of the ship; or
(b) to obstruct, impede or molest any member of the crew in the navigation or management of the ship or otherwise in the execution of his duty,
is guilty of an offence.
Penalty: $1 000.
A person reasonably suspected of having committed an offence against section 72 or 73 who, on being asked by the master, neglects or refuses to give his name and residential address or gives a false name or false residential address is guilty of an offence.
Penalty: $500.
The master or other officer of a passenger ship, and all persons called by him to his assistance, may detain any person who is reasonably suspected of having committed an offence against section 72, 73, or 74 and whose name and residential address are unknown to the master or officer and may convey the offender as soon as is practicable before a court to be dealt with according to law.
In this Part —
(1) An individual
operates a vessel if the individual —(a) determines or exercises control over the course or direction of the vessel, or the means of propulsion of the vessel, whether or not the vessel is underway or being towed by another vessel; or
(b) pilots the vessel.
(2) An individual
navigates a vessel if the individual —(a) operates the vessel; or
(b) is in command or charge of the vessel while the individual, or another individual or other individuals, operate or attempt to operate the vessel.
A vessel is
(a) the presence of the vessel occasioned the incident; or
(b) the use of the vessel is an immediate or proximate cause of the death of, or injury to, a person or damage to property occasioned by the incident.
(1) This section applies for the purposes of Parts 3A and 3B and in the absence of proof to the contrary.
(2) A person is taken to be in command or charge of a vessel at a particular time if, at that time —
(a) the person is the only person, or the only person who is 18 years of age or above, on the vessel; or
(b) the person appears, without contradiction by any other person on the vessel, to be in command or charge of the vessel; or
(c) the other persons on the vessel, or a majority of them, acknowledge that the person is in charge of the vessel; or
(d) of all the persons on the vessel, the person has ultimate control over the course or direction of the vessel, or the means of propulsion of the vessel, whether or not —
(i) the vessel is underway; or
(ii) the person is operating the vessel.
Example for this subsection:
For the purposes of paragraph (b), the person says or does something that makes them appear to be in command or charge of the vessel.
(3) A person who owns a vessel is taken to be in command or charge of the vessel if the person —
(a) is on the vessel; and
(b) holds a marine qualification that authorises the person to navigate the vessel.
(4) A person who has command or charge of a vessel continues to have command or charge of the vessel until the person has ensured that —
(a) the command or charge of the vessel has been handed to another person; and
(b) the other person has accepted the command or charge.
For the purposes of this Part, a reference to a person being incapable of having proper control of a vessel includes —
(a) a reference to the person being incapable of having proper control over —
(i) the course or direction of the vessel; or
(ii) the means of propulsion of the vessel;
and
(b) a reference to the person who is the pilot of the vessel being incapable of having proper conduct of the vessel; and
(c) a reference to the person who is the master of a vessel being incapable of having proper command or charge of the vessel.
(1) This section applies in a proceeding for an offence if it is alleged that, at the time of the alleged offence, the person charged was under the influence of alcohol to such an extent as to be incapable of having proper control of a vessel.
(2) The person is taken to have been under the influence of alcohol to that extent at the time of the alleged offence if the person had a BAC of 0.15 g or above at that time.
(1) For the purposes of this Part, a person commits an offence, or navigates a vessel, in
circumstances of aggravation if at the time of the alleged offence or navigation —(a) the person was unlawfully navigating the vessel without the consent of an owner or the master of the vessel; or
(b) if a speed limit applied to the vessel or the waters in which it was operating — the person was navigating the vessel at a speed that exceeded the speed limit by 10 knots or more; or
(c) the person was navigating the vessel to escape pursuit by an inspector or police officer.
(2) Subsection (1)(c) applies whether the pursuit was proceeding, or had been suspended or terminated, at the time of the alleged offence.
(1) A person commits a crime if —
(a) a vessel navigated by the person is involved in an incident occasioning the death of another person; and
(b) at the time of the incident, the person was navigating the vessel while under the influence of alcohol, a drug, or alcohol and a drug to such an extent as to be incapable of having proper control of the vessel.
Alternative offence for this subsection: subsection (2) or an offence specified in the Table.
s. 75BA(1) or (2) | Dangerous navigation of vessel occasioning grievous bodily harm |
s. 75BB(1) or (3) | Dangerous navigation of vessel occasioning bodily harm |
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection: imprisonment for 20 years and a fine of any amount.
(2) A person commits a crime if —
(a) a vessel navigated by the person is involved in an incident occasioning the death of another person; and
(b) at the time of the incident, the person was navigating the vessel in a manner that is dangerous to the public or to any person, having regard to all the circumstances of the case.
Alternative offence for this subsection: subsection (1) or an offence specified in the Table.
s. 75BA(1) or (2) | Dangerous navigation of vessel occasioning grievous bodily harm |
s. 75BB(1) or (3) | Dangerous navigation of vessel occasioning bodily harm |
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection:
(a) if the offence is committed in circumstances of aggravation — imprisonment for 20 years and a fine of any amount;
(b) otherwise — imprisonment for 10 years and a fine of any amount.
(3) A court sentencing a person for an offence against subsection (1) or (2) must order that the person is disqualified from holding or obtaining a WA marine qualification for a period of not less than 2 years.
(1) A person commits a crime if —
(a) a vessel navigated by the person is involved in an incident occasioning grievous bodily harm to another person; and
(b) at the time of the incident, the person was navigating the vessel while under the influence of alcohol, a drug, or alcohol and a drug to such an extent as to be incapable of having proper control of the vessel.
Alternative offence for this subsection: subsection (2) or an offence specified in the Table.
s. 75BB(1) or (3) | Dangerous navigation of vessel occasioning bodily harm |
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection: imprisonment for 14 years and a fine of any amount.
Summary conviction penalty for this subsection: imprisonment for 3 years or a fine of $36 000.
(2) A person commits a crime if —
(a) a vessel navigated by the person is involved in an incident occasioning grievous bodily harm to another person; and
(b) at the time of the incident, the person was navigating the vessel in a manner that is dangerous to the public or to any person, having regard to all the circumstances of the case.
Alternative offence for this subsection: subsection (1) or an offence specified in the Table.
s. 75BB(1) or (3) | Dangerous navigation of vessel occasioning bodily harm |
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection:
(a) if the offence is committed in circumstances of aggravation — imprisonment for 14 years and a fine of any amount;
(b) otherwise — imprisonment for 7 years or a fine of any amount.
Summary conviction penalty for this subsection: imprisonment for 3 years or a fine of $36 000.
(3) A court sentencing a person for an offence against subsection (1) or (2) must order that the person is disqualified from holding or obtaining a WA marine qualification for a period of not less than 2 years.
(1) A person commits a crime if —
(a) a vessel navigated by the person is involved in an incident occasioning bodily harm to another person; and
(b) at the time of the incident, the person was navigating the vessel while under the influence of alcohol, a drug, or alcohol and a drug to such an extent as to be incapable of having proper control of the vessel.
Alternative offence for this subsection: subsection (3) or an offence specified in the Table.
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection: imprisonment for 10 years and a fine of any amount.
Summary conviction penalty for this subsection: imprisonment for 3 years or a fine of $36 000.
(2) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) if the person is convicted on indictment — for a period of not less than 2 years;
(b) if the person is convicted summarily — for a period of not less than 18 months.
(3) A person commits a crime if —
(a) a vessel navigated by the person is involved in an incident occasioning bodily harm to another person; and
(b) at the time of the incident, the person was navigating the vessel in a manner that is dangerous to the public or to any person, having regard to all the circumstances of the case.
Alternative offence for this subsection: subsection (1) or an offence specified in the Table.
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection:
(a) if the offence is committed in circumstances of aggravation —
(i) if the person is convicted on indictment — imprisonment for 10 years or a fine of any amount;
(ii) if the person is convicted summarily — imprisonment for 3 years or a fine of $36 000;
(b) otherwise —
(i) for a first offence, imprisonment for 9 months or a fine of $9 000;
(ii) for a second or subsequent offence, imprisonment for 18 months or a fine of $18 000.
(4) A court sentencing a person for an offence against subsection (3) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) if the offence is committed in circumstances of aggravation — a period of not less than 2 years;
(b) otherwise — a period of not less than 12 months.
(1) A person commits an offence if —
(a) a vessel navigated by the person is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, another person; and
(b) at the time of the incident, the person was navigating the vessel without due care and attention.
Alternative offence for this subsection: section 75BF (Careless navigation of vessel).
Penalty for this subsection: imprisonment for 3 years or a fine of $36 000.
(2) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification for a period of not less than 3 months.
(1) A person commits an offence if the person wilfully navigates a vessel in a manner that is —
(a) inherently dangerous; or
(b) dangerous to the public or to any person, having regard to all the circumstances of the case.
Penalty for this subsection:
(a) for a first offence, a fine of $6 000;
(b) for a second offence, a fine of $9 000;
(c) for a third or subsequent offence, a fine of $12 000.
Alternative offence for this subsection: an offence specified in the Table.
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
(2) If an offence against subsection (1) is committed in the circumstance of aggravation referred to in section 75AF(1)(c), the offence is a crime.
Alternative offence for this subsection: an offence specified in the Table.
s. 75BE(1) | Dangerous navigation of vessel |
s. 75BF | Careless navigation of vessel |
Penalty for this subsection: imprisonment for 5 years.
Summary conviction penalty for this subsection: imprisonment for 2 years.
(3) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) for an offence committed in a circumstance of aggravation —
(i) for a first or second offence, for a period of not less than 2 years; or
(ii) for a third or subsequent offence, permanently;
(b) otherwise —
(i) for a first offence, for a period of not less than 6 months; or
(ii) for a second offence, for a period of not less than 12 months; or
(iii) for a third or subsequent offence, permanently.
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person navigates a vessel in a manner that is dangerous to the public or to any person, having regard to all the circumstances of the case.
Alternative offence for this subsection: section 75BF (Careless navigation of vessel).
Penalty for this subsection:
(a) for an offence committed in the circumstance of aggravation referred to in section 75AF(1)(c) — imprisonment for 3 years or a fine of $36 000;
(b) otherwise —
(i) for a first offence, a fine of $3 000;
(ii) for a second or subsequent offence, a fine of $6 000.
(2) A court sentencing a person for an offence against subsection (1) must order that the offender is disqualified from holding or obtaining a WA marine qualification as follows —
(a) for an offence committed in the circumstance of aggravation referred to in section 75AF(1)(c) — for a period of not less than 2 years;
(b) if paragraph (a) does not apply and the offence is a second or subsequent offence — for a period of not less than 12 months.
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were a previous offence against subsection (1).
s. 75B(1) or (2) | Dangerous navigation of vessel occasioning death |
s. 75BA(1) or (2) | Dangerous navigation of vessel occasioning grievous bodily harm |
s. 75BB(1) or (3) | Dangerous navigation of vessel occasioning bodily harm |
s. 75BC(1) | Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm |
A person commits an offence if the person navigates a vessel without due care and attention.
Penalty: a fine of $1 500.
This Subdivision applies for the purposes of an offence against a provision of Subdivision 1 or 2.
The circumstances in which a vessel is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person include circumstances in which the death or harm is occasioned through any of the following —
(a) the vessel overturning or running aground while the person is in or on the vessel (whether as a passenger or otherwise);
(b) the person falling from the vessel, or being thrown or ejected from the vessel, while in or on the vessel (whether as a passenger or otherwise);
(c) an impact between any object or thing and the vessel while the person is in or on the vessel (whether as a passenger or otherwise);
(d) an impact between the person and the vessel;
(e) an impact between the vessel and another vessel, or an object or thing, while the person is on or near the other vessel, object or thing;
(f) an impact between the person and any object on or attached to the vessel;
(g) an impact between the person and any object that is in motion having fallen from the vessel;
(h) an impact between any object or thing and the person while the person is in or on the vessel (whether as a passenger or otherwise);
(i) the vessel causing an impact between other vessels or between another vessel and any object, thing or person;
(j) the vessel causing another vessel to overturn or run aground;
(k) the vessel causing a person (whether as a passenger or otherwise) in or on another vessel to fall from that other vessel.
(1) This section applies for the purposes of an offence involving an incident that occasioned the death of, or grievous bodily harm or bodily harm to, a person (the
casualty ).(2) It is immaterial that the death, grievous bodily harm or bodily harm —
(a) might have been avoided by proper precaution on the part of a person other than the person charged; or
(b) might have been prevented if the casualty received proper care or treatment.
(3) The incident is taken to have caused the death of the casualty if —
(a) the incident occasions grievous bodily harm to the casualty; and
(b) the casualty receives surgical or medical treatment for the harm; and
(c) the death results from the harm or the treatment.
(4) Subsection (3) applies even though the immediate cause of the casualty’s death was the surgical or medical treatment, if the treatment was reasonably proper in the circumstances and provided in good faith.
(1) This section applies if it is alleged that an offence involving an incident that occasioned the death of, or grievous bodily harm or bodily harm to, a person occurred while the person charged was under the influence of alcohol, a drug, or alcohol and a drug.
(2) It is a defence to a charge of the offence for the person charged to prove that the death, grievous bodily harm or bodily harm was not attributable to the fact that the person charged was under the influence of alcohol, the drug, or alcohol and the drug.
(1) This section applies if it is alleged that an offence involving an incident that occasioned the death of, or grievous bodily harm or bodily harm to, a person occurred while the person charged was navigating the vessel.
(2) It is a defence to a charge of the offence for the person charged to prove that the death, grievous bodily harm or bodily harm was not attributable to —
(a) the manner in which the person navigated the vessel; or
(b) the person’s level of care or attention when navigating the vessel.
(1) This section applies if it is alleged that the person charged with an offence navigated a vessel in a manner that was —
(a) inherently dangerous; or
(b) dangerous to the public or to any person.
(2) It is a defence to a charge of the offence for the person charged to prove that, at the time of the alleged offence —
(a) the person was on official duty as an inspector or police officer; and
(b) the person navigated the vessel substantially in accordance with —
(i) the chief executive officer’s or Commissioner of Police’s policies and guidelines relating to navigating vessels; and
(ii) a direction given under any of those policies or guidelines;
and
(c) it was reasonable and in the public interest for the person charged to navigate the vessel in that manner, having regard to all of the circumstances of the case.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vessel.
Alternative offence for this subsection: an offence specified in the Table.
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
Penalty for this subsection:
(a) for a first offence —
(i) if the person has 1 or more previous convictions for a 0.08+ offence — a fine of not less than $2 400 or more than $3 750;
(ii) if the person has 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $2 750 or more than $3 750;
(iii) if the person has 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $2 750 or more than $3 750;
(iv) in any other case — a fine of not less than $2 050 or more than $3 750;
(b) for a second offence, imprisonment for 9 months or a fine of not less than $3 150 or more than $5 250;
(c) for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $3 150 or more than $7 500.
(2) If a person is convicted of an offence against subsection (1), a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
First offence: (a) 1 previous conviction for a 0.08+ offence | 18 months |
(b) 2 or more previous convictions for a 0.08+ offence | 30 months |
(c) 1 previous conviction for a 0.08+ and illicit drug offence | 27 months |
(d) 2 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(e) 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(f) any other case | 10 months |
Second offence | 30 months |
Subsequent offence | Permanent |
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(5) The charging of a person for an offence against this section does not limit the operation of sections 75EE, 75EF, 75EH, 75EN and 75EO.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while under the influence of alcohol and a drug to such an extent as to be incapable of having proper control of the vessel.
Alternative offence for this subsection: an offence specified in the Table.
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
Penalty for this subsection:
(a) for a first offence —
(i) if the person has 1 or more previous convictions for a 0.08+ offence — a fine of not less than $2 400 or more than $5 650;
(ii) if the person has 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $3 600 or more than $5 650;
(iii) if the person has 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $3 600 or more than $5 650;
(iv) in any other case — a fine of not less than $2 050 or more than $5 650;
(b) for a second offence, imprisonment for 9 months or a fine of not less than $4 750 or more than $7 900;
(c) for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $4 750 or more than $11 250.
(2) If a person is convicted of an offence against subsection (1), a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
First offence: (a) 1 previous conviction for a 0.08+ offence | 18 months |
(b) 2 or more previous convictions for a 0.08+ offence | 30 months |
(c) 1 previous conviction for a 0.08+ and illicit drug offence | 27 months |
(d) 2 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(e) 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(f) any other case | 15 months |
Second offence | 42 months |
Subsequent offence | Permanent |
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(5) The charging of a person for an offence against this section does not limit the operation of sections 75EE, 75EF, 75EH, 75EN and 75EO.
(1) This section applies in relation to an offence against section 75C(1) or 75CA(1) if it is alleged, or it appears on the evidence, that the person charged was under the influence of a particular drug.
(2) It is a defence to a charge of the offence for the person charged to prove that —
(a) the particular drug was prescribed for, or administered to, the person by a medical practitioner, nurse practitioner or dentist for therapeutic reasons; and
(b) the person was not aware, and could not reasonably have been expected to be aware, that the particular drug was likely to affect the person in a way that would be inconsistent with the person being capable of having proper control of a vessel.
The master of a vessel commits an offence if the master —
(a) is aware or has reason to suspect that another person is under the influence of alcohol, a drug or alcohol and a drug; and
(b) permits the other person to operate the vessel.
Penalty: a fine of $3 750.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while the person is impaired by a drug.
Alternative offence for this subsection: an offence specified in the Table.
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
Penalty for this subsection:
(a) for a first offence, a fine of not less than $1 700 or more than $3 750;
(b) for a second offence, imprisonment for 9 months or a fine of not less than $3 150 or more than $5 250;
(c) for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $3 150 or more than $7 500.
(2) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) for a first offence, for a period of not less than 10 months;
(b) for a second offence, for a period of not less than 30 months;
(c) for a third or subsequent offence, permanently.
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, greivous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
A person may be convicted of an offence against section 75CD(1) if the prosecutor proves that —
(a) the person navigated, or attempted to operate, a vessel; and
(b) at the time of the navigation or attempted operation of the vessel, 1 or more drugs were present in the person’s body; and
(c) the person’s behaviour, condition or appearance was consistent with the behaviour, condition or appearance associated with a person who has consumed or used that drug or combination of drugs; and
(d) the behaviour or condition associated with a person who has consumed or used that drug or combination of drugs would be inconsistent with the person being capable of having proper control of a vessel.
(1) This section applies in relation to an offence against section 75CD(1) if it is alleged, or it appears on the evidence, that the person charged was impaired by 1 or more drugs.
(2) It is a defence to a charge of the offence for the person charged to prove that —
(a) the drug, or each drug, was prescribed for, or administered to, the person charged by a medical practitioner, nurse practitioner or dentist for therapeutic reasons; and
(b) if the person charged received the drug, or 1 of the drugs, in packaged form — the packaging did not include a label advising that the drug was likely to affect a person in a way that would be inconsistent with the person being capable of having proper control of a vessel; and
(c) the person charged was not aware, and could not reasonably have been expected to be aware, that the drug or combination of drugs were likely to affect the person in a way that would be inconsistent with the person being capable of having proper control of a vessel.
(3) This section has effect despite section 75CE.
(1) This section applies if —
(a) a person is charged with an offence against section 75C(1), 75CA(1) or 75CD(1); and
(b) a sample of the person’s blood was not taken under an alcohol or drug testing requirement before the person was charged.
(2) The person has the right to be examined by a medical practitioner nominated by them, if one is available, for the purpose of arranging for a sample of the person’s blood to be taken.
(3) An inspector or police officer must —
(a) inform the person charged of this right; and
(b) make every reasonable effort to afford the person charged this right.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while the person’s BAC is 0.05 g or above.
(2) If a person is convicted of an offence against subsection (1) —
(a) the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
(b) a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
≥ 0.05 g but < 0.07 g | Min: Max: Disq: | $1 250 | $1 250 $2 000 6 months | $1 250 $2 000 8 months |
≥ 0.07 g | Min: Max: Disq: | $1 250 | $1 500 $2 000 8 months | $1 500 $2 000 10 months |
Note for this Table:
≥ signifies of or more than
< signifies less than
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence —
(a) a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the previous offence; and
(b) a previous offence against a provision specified in the Table must be taken into account as if it were a previous offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while the person’s BAC is 0.08 g or above.
Alternative offence for this subsection: 75D(1) (Navigation of vessel while BAC is 0.05 or above).
(2) If a person is convicted of an offence against subsection (1) —
(a) the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
(b) a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
≥ 0.08 g but < 0.09 g | Min: Max: Disq: | $750 $2 250 6 months | $1 600 $2 250 8 months | $1 600 $2 250 10 months |
≥ 0.09 g but < 0.11 g | Min: Max: Disq: | $850 $2 250 7 months | $1 700 $2 250 10 months | $1 700 $2 250 13 months |
≥ 0.11 g but < 0.13 g | Min: Max: Disq: | $1 000 $2 250 8 months | $1 800 $3 000 14 months | $1 800 $3 000 17 months |
≥ 0.13 g | Min: Max: Disq: | $1 150 $2 250 9 months | $2 400 $3 750 18 months | $2 400 $4 500 30 months |
Note for this Table:
≥ signifies of or more than
< signifies less than
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence —
(a) a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the previous offence; and
(b) a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while a prescribed illicit drug is present in the person’s body.
Penalty for this subsection:
(a) for a first offence, a fine of $1 250;
(b) for a second or subsequent offence, a fine of not less than $1 250 or more than $2 000.
(2) A court sentencing a person for a second or subsequent offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification for a period of not less than 6 months.
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HD(1) | Failure to comply with requirement: oral fluid sample for drug testing or blood sample |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while —
(a) the person’s BAC is 0.05 g or above; and
(b) a prescribed illicit drug is present in the person’s body.
Alternative offence for this subsection: an offence specified in the Table.
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
(2) If a person is convicted of an offence against subsection (1) —
(a) the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
(b) a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
≥ 0.05 g but < 0.07 g | Min: Max: Disq: | $1 900 3 months | $1 900 $3 000 9 months | $1 900 $3 000 12 months |
≥ 0.07 g | Min: Max: Disq: | $1 900 3 months | $2 250 $3 000 12 months | $2 250 $3 000 15 months |
Note for this Table:
≥ signifies of or more than
< signifies less than
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence —
(a) a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the previous offence; and
(b) a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person navigates, or attempts to operate, a vessel while —
(a) the person’s BAC is 0.08 g or above; and
(b) a prescribed illicit drug is present in the person’s body.
Alternative offence for this subsection: an offence specified in the Table.
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
(2) If a person is convicted of an offence against subsection (1) —
(a) the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
(b) a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
≥ 0.08 g but < 0.09 g | Min: Max: Disq: | $1 150 $3 400 9 months | $2 400 $3 400 12 months | $2 400 $3 400 15 months |
≥ 0.09 g but < 0.11 g | Min: Max: Disq: | $1 300 $3 400 11 months | $2 550 $3 400 15 months | $2 550 $3 400 20 months |
≥ 0.11 g but < 0.13 g | Min: Max: Disq: | $1 500 $3 400 12 months | $2 700 $4 500 21 months | $2 700 $4 500 26 months |
≥ 0.13 g | Min: Max: Disq: | $1 750 $3 400 14 months | $3 600 $5 650 27 months | $3 600 $6 750 42 months |
Note for this Table:
≥ signifies of or more than
< signifies less than
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence —
(a) a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the previous offence; and
(b) a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
It is not a defence to a charge of an offence against section 75DB(1), 75DC(1) or 75DD(1) that the person charged took a prescribed illicit drug mistakenly believing it to be another drug if that other drug is also —
(a) a drug to which the
Misuse of Drugs Act 1981 applies; or(b) a Schedule 4 poison as defined in the
Medicines and Poisons Act 2014 section 3.
(1) In this Part —
(a) breath analysing equipment as defined in the
Road Traffic Act 1974 section 65; or(b) a device of a type approved under section 75JA(b);
(a) an approved device as defined in the
Road Traffic Act 1974 section 65; or(b) a device of a type approved under section 75JA(d);
(a) a preliminary test as defined in the
Road Traffic Act 1974 section 65; or(b) a test of a sample of a person’s breath using a preliminary breath testing device;
(a) an apparatus of a type referred to in the definition of
preliminary test in theRoad Traffic Act 1974 section 65; or(b) a device of a type approved under section 75JA(a);
(a) a device of a type referred to in the definition of
preliminary oral fluid test as that term is defined in theRoad Traffic Act 1974 section 65; or(b) a device of a type approved under section 75JA(c);
(a) a medical practitioner; or
(b) a registered nurse; or
(c) a prescribed person who is appropriately qualified to take samples for testing in relation to alcohol or drugs;
(a) registered under the
Health Practitioner Regulation National Law (Western Australia) in the nursing profession; and(b) whose name is entered on Division 1 of the Register of Nurses kept under that Law;
(a) stop the vessel’s motor; and
(b) drop the vessel’s anchor; and
(c) fasten the vessel to a mooring, wharf or jetty.
(2) For the purposes of this Part, anything done by a person acting under the supervision or direction of an analyst, a drugs analyst, a medical practitioner or a prescribed sample taker is taken to have been done by the analyst, drugs analyst, medical practitioner or prescribed sample taker (as the case requires).
(1) An
authorised operator is —(a) an authorised person as defined in the
Road Traffic Act 1974 section 65; or(b) a police officer certified by the Commissioner of Police under subsection (2); or
(c) an inspector certified by the chief executive officer under subsection (3).
(2) The Commissioner of Police may certify that a police officer is competent to operate breath analysing equipment.
(3) The chief executive officer may certify that an inspector is competent to operate breath analysing equipment.
(1) An
authorised drug tester is —(a) an authorised drug tester as defined in the
Road Traffic Act 1974 section 65; or(b) a police officer certified by the Commissioner of Police under subsection (2); or
(c) an inspector certified by the chief executive officer under subsection (3).
(2) The Commissioner of Police may certify that a police officer is competent to operate a drug testing device.
(3) The chief executive officer may certify that an inspector is competent to operate a device.
(1) A concentration of alcohol in a person’s breath of a number of grams per 210 L of breath is taken to be a concentration in the person’s blood of that number of grams of alcohol per 100 mL of blood.
(2) Breath analysing equipment is taken to be a device that determines a person’s BAC by analysing a sample of the person’s breath, whether the device —
(a) gives the BAC directly; or
(b) allows the BAC to be worked out under subsection (1).
(3) A device used to conduct a preliminary breath test is taken to be a device that indicates a person’s BAC, or indicates whether or not the person has a BAC of or above a particular level, whether the device —
(a) gives the indication directly; or
(b) allows the BAC to be worked out under subsection (1).
A power of an inspector or police officer under this Part is additional to, and does not limit, any other power the inspector or police officer may have under this Act or another written law.
(1) An inspector or police officer may require a person to provide a sample of breath for a preliminary breath test if the inspector or police officer believes on reasonable grounds that the person is or was —
(a) navigating, or attempting to operate, a vessel; or
(b) the master of a vessel.
(2) The inspector or police officer must conduct a preliminary breath test of the person.
(1) This section applies if a vessel is involved in an incident occasioning injury to a person or damage to property and an inspector or police officer —
(a) does not know, or has doubt about, who was navigating the vessel at the time of the incident; and
(b) believes on reasonable grounds that the person may have been navigating the vessel at that time.
(2) The inspector or police officer may require the person to provide a sample of breath for a preliminary breath test.
(3) The inspector or police officer must conduct a preliminary breath test of the person.
A person must comply with a requirement imposed on the person under section 75EE or 75EF by providing a sample of the person’s breath in accordance with the directions of the inspector or police officer.
(1) This section applies if —
(a) an inspector or police officer requires a person to provide a sample of breath for a preliminary breath test under section 75EE or 75EF; and
(b) either —
(i) the person’s preliminary breath test indicates they have a BAC of 0.05 g or above; or
(ii) the person fails to comply with the requirement.
(2) This section also applies if —
(a) an inspector or police officer has power to require a person to provide a sample of breath for a preliminary breath test under section 75EE or 75EF; and
(b) it appears to the inspector or police officer that the person may be incapable of complying with the requirement because of the person’s physical condition.
(3) An inspector or police officer may require a person —
(a) to provide a sample of breath for breath analysis; or
(b) to allow a prescribed sample taker to take a sample of the person’s blood for analysis.
(4) If a requirement to provide a sample of breath for breath analysis is imposed on a person under subsection (3)(a), an inspector or police officer who is an authorised operator must conduct a breath analysis of the person.
(5) A sample of a person’s blood taken in accordance with a requirement under this section may be analysed in relation to drugs in addition to being analysed for the presence of alcohol or to determine the person’s BAC.
(1) This section applies if an inspector or police officer believes on reasonable grounds that a person has committed an offence against section 75C(1) or 75CA(1).
(2) This section also applies if an inspector or police officer —
(a) believes on reasonable grounds that a vessel was involved in either —
(i) the commission of an offence against section 75B(1) or (2), 75BA(1) or (2) or 75BB(1) or (3); or
(ii) an incident occasioning injury to a person or damage to property;
and
(b) does not know, or has doubt about, who was navigating the vessel at the time of the offence or incident; and
(c) believes on reasonable grounds that the person may have been navigating the vessel at that time.
(3) The inspector or police officer may require the person —
(a) to provide a sample of breath for breath analysis; or
(b) to allow a prescribed sample taker to take a sample of the person’s blood for analysis.
(4) If a requirement to provide a sample of breath for breath analysis is imposed on a person under subsection (3)(a), an inspector or police officer who is an authorised operator must conduct a breath analysis of the person.
(5) A sample of a person’s blood taken in accordance with a requirement under this section may be analysed in relation to drugs in addition to being analysed for the presence of alcohol or to determine the person’s BAC.
(1) A person must comply with a requirement imposed on the person under section 75EH or 75EI to provide a sample of breath for breath analysis by providing the sample in accordance with the directions of the authorised officer conducting the breath analysis.
(2) A person must comply with a requirement imposed on the person under section 75EH or 75EI to allow a prescribed sample taker to take a sample of the person’s blood for analysis by —
(a) allowing a prescribed sample taker nominated by the inspector or police officer to take the sample; and
(b) complying with the directions of the sample taker.
(1) This section applies if —
(a) a person provides a sample of breath for breath analysis in accordance with a requirement imposed under section 75EH or 75EI; and
(b) breath analysis of the sample fails.
(2) An inspector or police officer may require the person to provide 1 additional breath sample for breath analysis under section 75EH or 75EI.
(3) If the person provides 2 breath samples for analysis under section 75EH or 75EI and the analysis of each sample fails, the person cannot be required to provide another sample of breath for analysis under those sections.
(4) An analysis of a sample of breath is taken to have failed only if the breath analysing equipment used for the analysis does not indicate a result in the prescribed manner.
(1) This section applies if it appears to an inspector or police officer that, because of a person’s physical condition, the person is incapable of providing a sample of breath that is sufficient for breath analysing equipment to operate.
(2) The inspector or police officer must not require the person to provide a sample of breath for a breath analysis under section 75EH or 75EI.
(1) This section applies if a breath analysis indicates a person has a BAC of 0.05 g or above.
(2) The authorised operator who operated the breath analysing equipment used for the breath analysis must immediately give the person a written statement, or a statement printed by the instrument, that includes all of the following information —
(a) the date and time the breath sample was taken;
(b) the date and time the sample was analysed;
(c) the result of the analysis.
(3) If the breath analysing equipment indicates a result in the prescribed manner at the conclusion of the analysis, the result indicated by the breath analysing equipment is taken to be the person’s BAC at the time the sample of breath was provided.
(1) This section applies if an inspector or police officer has power to require a person to provide a sample of breath for breath analysis under section 75EH or 75EI and either —
(a) the inspector or police officer is prevented by section 75EK(3) from imposing the requirement; or
(b) it appears to the inspector or police officer that the person may be incapable of complying with the requirement because of the person’s physical condition.
(2) This section also applies if an inspector or police officer requires a person to provide a sample of breath for breath analysis under section 75EH or 75EI and either —
(a) the breath analysis indicates there is no alcohol present in the person’s blood; or
(b) both of the following apply —
(i) the person’s behaviour, condition or appearance is consistent with that of a person who is under the influence of alcohol or something else;
(ii) the breath analysis indicates a BAC that does not reasonably explain the person’s behaviour, condition or appearance.
(3) The inspector or police officer may require the person to allow a prescribed sample taker to take a sample of the person’s blood for analysis.
(4) If it appears to the inspector or police officer that the person’s physical condition renders them incapable of complying with the requirement, the inspector or police officer may cause a prescribed sample taker nominated by the inspector or police officer to take a sample of the person’s blood for analysis.
(5) A sample of a person’s blood taken in accordance with a requirement under this section may be analysed in relation to drugs in addition to being analysed for the presence of alcohol or to determine the person’s BAC.
(1) This section applies if an inspector or police officer believes on reasonable grounds that —
(a) a vessel is involved in an incident occasioning the death of, or grievous bodily harm or serious bodily harm to, a person; and
(b) at the time of the incident, a person is or was —
(i) navigating, or attempting to operate, the vessel; or
(ii) the master of the vessel.
(2) The inspector or police officer may require the person to allow a prescribed sample taker to take a sample of the person’s blood for analysis.
(3) If it appears to the inspector or police officer that the person’s physical condition renders them incapable of complying with the requirement, the inspector or police officer may cause a prescribed sample taker nominated by the inspector or police officer to take a sample of the person’s blood for analysis.
(4) A sample of a person’s blood taken in accordance with a requirement under this section may be analysed in relation to drugs in addition to being analysed for the presence of alcohol or to determine the person’s BAC.
(5) For the purposes of subsection (1)(a),
serious bodily harm to a person is bodily harm to a person, other than grievous bodily harm, that an inspector or police officer believes on reasonable grounds is likely to require treatment at a hospital, whether or not treatment at a hospital is practicable.
If an incident referred to in section 75EO(1)(a) occurs, an inspector or police officer must not require or cause a sample of a person’s blood to be taken under that section in relation to the incident if it appears to the inspector or police officer that the sample cannot be taken within 12 hours after the incident occurred.
A person must comply with a requirement imposed on the person under section 75EN or 75EO to allow a prescribed sample taker to take a sample of the person’s blood for analysis by —
(a) allowing a prescribed sample taker nominated by the inspector or police officer to take the sample; and
(b) complying with the directions of the sample taker.
(1) An inspector or police officer may require a person to provide a sample of oral fluid for a preliminary oral fluid test if the inspector or police officer believes on reasonable grounds that the person is or was —
(a) navigating, or attempting to operate, a vessel; or
(b) the master of a vessel.
(2) The inspector or police officer must conduct a preliminary oral fluid test of the person in accordance with the prescribed procedure.
(1) This section applies if a vessel is involved in an incident occasioning injury to a person or damage to property and an inspector or police officer —
(a) does not know, or has doubt about, who was navigating the vessel at the time of the incident; and
(b) believes on reasonable grounds that a person may have been navigating the vessel at that time.
(2) The inspector or police officer may require the person to provide a sample of oral fluid for a preliminary oral fluid test.
(3) The inspector or police officer must conduct a preliminary oral fluid test of the person in accordance with the prescribed procedure.
A person must comply with a requirement imposed on the person under section 75F or 75FA by providing a sample of the person’s oral fluid for a preliminary oral fluid test in accordance with the directions of the inspector or police officer.
(1) This section applies if an inspector or police officer requires a person to provide a sample of oral fluid for a preliminary oral fluid test under section 75F or 75FA and either —
(a) the preliminary oral fluid test indicates a sample of the person’s oral fluid contains a prescribed illicit drug; or
(b) the person refuses or fails to comply with the requirement.
(2) The inspector or police officer may require the person to provide a sample of oral fluid for drug testing.
(3) An inspector or police officer who is an authorised drug tester must conduct drug testing of the person by —
(a) collecting a sample of the person’s oral fluid in the prescribed manner; and
(b) conducting the drug testing in accordance with the prescribed procedure.
(1) This section applies if —
(a) a person provides a sample of oral fluid in accordance with a requirement imposed on the person under section 75FC; and
(b) the drug testing of the sample using a drug testing device fails.
(2) An inspector or police officer may require the person to provide 1 additional sample of oral fluid for drug testing under section 75FC.
(3) If the person has provided 2 samples of oral fluid for drug testing under section 75FC and the drug testing of each sample using a drug testing device fails, the person cannot be required to provide another sample of oral fluid for drug testing under that section.
(4) For the purposes of this section, the drug testing of a sample of oral fluid is taken to have failed only if the drug testing device used for the drug testing —
(a) is not in proper working order; or
(b) does not indicate a positive or negative result.
(1) This section applies if it appears to an inspector or police officer that, because of a person’s physical condition, the person is incapable of providing a sample of oral fluid that is sufficient for a drug testing device to operate.
(2) The inspector or police officer must not require the person to provide a sample of oral fluid for drug testing under section 75FC.
(1) This section applies if —
(a) an inspector or police officer has power to require a person to provide a sample of oral fluid for drug testing under section 75FC; and
(b) it appears to the inspector or police officer that the person may be incapable of complying with the requirement because of the person’s physical condition.
(2) The inspector or police officer may require the person to allow a prescribed sample taker to take a sample of the person’s blood for analysis.
(3) If it appears to the inspector or police officer that the person’s physical condition renders them incapable of complying with the requirement, the inspector or police officer may cause a prescribed sample taker nominated by the inspector or police officer to take a sample of a person’s blood for analysis.
(4) A sample of a person’s blood taken in accordance with a requirement under this section may be analysed for the presence of alcohol or to determine the person’s BAC in addition to being analysed in relation to drugs.
(1) A person must comply with a requirement imposed on the person under section 75FC to provide an oral fluid sample for drug testing by providing the sample in accordance with the directions of an authorised drug tester.
(2) A person must comply with a requirement imposed on the person under section 75FF to allow a blood sample to be taken by a prescribed sample taker by —
(a) allowing a prescribed sample taker nominated by the inspector or police officer to take the sample; and
(b) complying with the directions of the sample taker.
(1) This section applies if an inspector or police officer believes on reasonable grounds that a person is or was navigating, or attempting to operate, a vessel while impaired by something (other than only alcohol) affecting the person’s capacity to navigate the vessel.
(2) This section also applies if a vessel is involved in an incident occasioning injury to a person or damage to property and an inspector or police officer —
(a) does not know, or has doubt about, who was navigating, or attempting to operate, the vessel at the time of the incident; and
(b) believes on reasonable grounds that a person —
(i) may have been navigating, or attempting to operate, the vessel at the time of the incident; and
(ii) was impaired by something (other than only alcohol) affecting the person’s capacity to navigate a vessel.
(3) The inspector or police officer may require the person to undergo an assessment of drug impairment.
(4) An inspector or police officer must conduct an assessment of drug impairment of the person in accordance with the prescribed procedure for conducting the assessment.
(1) This section applies if it appears to an inspector or police officer that, because of a person’s physical condition, the person is incapable of undergoing an assessment of drug impairment.
(2) The inspector or police officer must not require the person to undergo an assessment of drug impairment under section 75FH.
(1) This section applies if an inspector or police officer —
(a) requires a person to undergo an assessment of drug impairment under section 75FH and either —
(i) it appears to the inspector or police officer that the assessment indicates the person is impaired by a drug; or
(ii) the person fails to comply with the requirement;
or
(b) is prevented by section 75FI from requiring a person to undergo an assessment of drug impairment because of the person’s physical condition.
(2) The inspector or police officer may require the person to allow a prescribed sample taker to take a sample of the person’s blood for analysis.
(3) If it appears to the inspector or police officer that the person’s physical condition renders them incapable of complying with the requirement, the inspector or police officer may cause a prescribed sample taker nominated by the inspector or police officer to take a sample of a person’s blood for analysis.
(4) A sample of a person’s blood taken in accordance with a requirement under this section may be analysed for the presence of alcohol or to determine the person’s BAC in addition to being analysed in relation to drugs.
(1) A person must comply with a requirement imposed on the person under section 75FH to undergo an assessment of drug impairment by undergoing the assessment in accordance with the directions of the inspector or police officer.
(2) A person must comply with a requirement imposed on the person under section 75FJ to allow a prescribed sample taker to take a sample of the person’s blood for analysis by —
(a) allowing a prescribed sample taker nominated by the inspector or police officer to take the sample; and
(b) complying with the directions of the sample taker.
(1) An inspector or police officer may require a person to leave a vessel, accompany an inspector or police officer to a specified place or wait at a specified place for any of the following purposes —
(a) to impose an alcohol or drug testing requirement on the person;
(b) for a sample of the person’s breath, oral fluid or blood to be provided or taken in accordance with an alcohol or drug testing requirement;
(c) for an assessment of drug impairment to be carried out in relation to a person in accordance with an alcohol or drug testing requirement.
(2) An inspector or police officer may require a person to do 1 or more things under subsection (1), or impose further requirements on the person under that subsection, as is reasonable in the circumstances to achieve a purpose referred to in subsection (1)(a), (b) or (c).
(3) A requirement given to a person under subsection (1) ceases to have effect to the extent that an inspector or police officer —
(a) gives the person a later inconsistent requirement; or
(b) indicates to the person that the requirement no longer has effect.
(4) A person must comply with a requirement imposed on the person under subsection (1) in accordance with the directions of the inspector or police officer.
(1) This section applies if an inspector or police officer believes on reasonable grounds that it may be necessary to impose an alcohol or drug testing requirement on a person on a vessel.
(2) The inspector or police officer may give a person navigating the vessel a direction requiring the person to —
(a) stop the vessel at a specified place; or
(b) navigate the vessel to a specified place that the inspector or police officer considers is suitable for —
(i) the purposes of imposing an alcohol or drug testing requirement on a person; or
(ii) another purpose under this Part or Part 3A.
Example for this subsection:
For the purposes of paragraph (b), a suitable place may be a location to fasten a vessel to a mooring, wharf or jetty or a location close to the shore.
(3) An inspector or police officer may require a person to do 1 or more things under subsection (2), or impose further requirements on the person under that subsection, as is reasonable in the circumstances to achieve a purpose referred to in subsection (2)(a) or (b)(i) or (ii).
(4) A requirement under subsection (2) may be given to a person orally or by means of a sign or signal (electronic or otherwise), or in any other manner.
(5) A requirement given under subsection (2) to a person ceases to have effect to the extent that an inspector or police officer —
(a) gives the person a later inconsistent direction; or
(b) indicates to the person that the direction no longer has effect.
(6) A person must comply with a requirement imposed on the person under subsection (2) in accordance with the directions of the inspector or police officer.
(1) An inspector or police officer may board a vessel, or move a vessel to a place for safe custody —
(a) if the inspector or police officer believes on reasonable grounds that the vessel has been used in connection with an offence under Part 3A or this Part; or
(b) for the purposes of imposing an alcohol or drug testing requirement on a person on the vessel.
(2) An inspector or police officer may require a person on the vessel, or the owner, operator, master or pilot of the vessel, to take reasonable steps to facilitate the boarding or moving of the vessel under subsection (1).
(3) A person must comply with a requirement imposed on the person under subsection (2) in accordance with the directions of the inspector or police officer.
(1) In this section —
Example for this definition:
A lanyard for a lanyard kill switch on an outboard motor.
(2) This section applies if an inspector or police officer has reason for suspecting that a person has committed an offence against any of the sections specified in the Table.
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
(3) The inspector or police officer may require the person to immediately give each key to a vessel in the person’s possession —
(a) to the inspector or police officer; or
(b) to another person in the person’s company if the inspector or police officer is satisfied that the other person —
(i) is authorised to navigate the vessel; and
(ii) is responsible and able to navigate the vessel properly.
(4) An inspector or police officer may impose a requirement under subsection (3) —
(a) if satisfied that the requirement is necessary in the circumstances and is in the interests of the person, or of any other person or of the public; and
(b) whether or not the person has been or is to be charged with an offence.
(5) If the keys to a vessel are given to an inspector or police officer under subsection (3)(a), the inspector or police officer may take any appropriate and practicable steps to ensure that the vessel is secure and not causing an obstruction.
(6) Those steps may include moving the vessel to a more suitable place.
(7) Before giving the keys to a vessel to a person under subsection (3)(b), an inspector or police officer may require the person to provide a sample of breath for a preliminary breath test for the purposes of the inspector or police officer being satisfied that the person is able to navigate the vessel properly.
A person commits an offence if the person —
(a) fails to comply with any requirement imposed on the person under section 75GC(3); or
(b) obstructs, or attempts to obstruct, an inspector or police officer in the exercise of a power under section 75GC(3), (5) or (7).
Penalty for this subsection: a fine of $600.
(1) This section applies if the keys to a vessel are given to an inspector or police officer under section 75GC(3)(a).
(2) If a person asks an inspector or police officer to give the person the keys to the vessel, the inspector or police officer must comply with the request if satisfied that the person —
(a) is entitled to lawful possession of the vessel or is in the company of a person who is entitled to lawful possession of the vessel; and
(b) is authorised to navigate the vessel; and
(c) is responsible and able to navigate the vessel properly.
(3) Before giving keys to a vessel to a person under subsection (2), an inspector or police officer may require the person to provide a sample of breath for a preliminary breath test for the purposes of the inspector or police officer being satisfied that the person is able to navigate the vessel properly.
(4) If keys to a vessel are not given to a person who makes a request under subsection (2) within 24 hours after the request is made, the person may apply to the Magistrates Court for an order for the keys to be given to the person named in the application.
(1) This section applies if —
(a) drug testing of a sample of a person’s oral fluid indicates a prescribed illicit drug is present; or
(b) each of the following applies —
(i) a preliminary oral fluid test of a sample of the person’s oral fluid gives a preliminary indication that a prescribed illicit drug is present;
(ii) an inspector or police officer is prevented by section 75FE from requiring the person to provide a sample of oral fluid for drug testing;
(iii) the inspector or police officer requires the person to allow a prescribed sample taker to take the person’s blood for analysis under section 75FF;
or
(c) a preliminary oral fluid test of a sample of the person’s oral fluid gives a preliminary indication that a prescribed illicit drug is present and, because of section 75FD(3), the person cannot be required to provide another sample of oral fluid for drug testing; or
(d) the person refuses or fails to provide a sample of oral fluid for a preliminary oral fluid test or drug testing, or to allow a sample of the person’s blood to be taken for analysis, having been required to do so under Division 3.
(2) An inspector or police officer may give the person a notice (a
prohibition notice ) prohibiting the person from navigating a vessel for 24 hours.(3) A prohibition under subsection (2) applies in relation to a vessel if a WA marine qualification is required to navigate the vessel under this Act.
(4) A prohibition notice given to a person under subsection (2) must be given personally.
(5) A person given a prohibition notice commits an offence if the person fails to comply with the notice.
Penalty for this subsection:
(a) for a first offence, a fine of $1 250;
(b) for a second or subsequent offence, a fine of $2 000.
A prohibition notice under section 75GF must —
(a) specify the grounds on which the notice is given, including when subsection (1) of that section applied to the person; and
(b) contain a statement to the effect that, because the person has been given the notice, the person must not navigate a vessel for a period commencing on receipt of the notice and ending 24 hours after receipt of the notice; and
(c) specify the time at which the person is given the prohibition notice and when the 24‑hour period ends.
(1) A person commits an offence if the person fails to comply with —
(a) a requirement to provide a sample of breath for a preliminary breath test under section 75EE or 75EF; or
(b) a requirement to provide a sample of oral fluid for a preliminary oral fluid test under section 75F or 75FA; or
(c) a leave vessel, accompany officer or wait requirement relating to a requirement referred to in paragraph (a) or (b); or
(d) a requirement to take reasonable steps to facilitate an inspector or police officer boarding or moving a vessel under section 75GB.
Penalty for this subsection:
(a) for a first offence, a fine of not less than $450 or more than $1 200;
(b) for a second or subsequent offence, a fine of not less than $900 or more than $2 100.
(2) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) for a first offence, for a period of not less than 3 months;
(b) for a second or subsequent offence, for a period of not less than 6 months.
(3) In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HD(1) | Failure to comply with requirement: oral fluid sample for drug testing or blood sample |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(1) It is a defence to a charge of an offence against section 75H(1) for the person charged to prove that the person complied with a later requirement that arose out of —
(a) the person’s failure to comply with the requirement the subject of the charge; or
(b) the circumstances that gave rise to the requirement the subject of the charge.
(2) For the purposes of subsection (1), a
later requirement is —(a) in relation to a requirement referred to in section 75H(1)(a) —
(i) a requirement to provide a sample of breath for breath analysis under section 75EH or 75EI; or
(ii) a requirement to allow a blood sample to be taken for analysis under section 75EH or 75EI;
or
(b) in relation to a requirement referred to in section 75H(1)(b) —
(i) a requirement to provide a sample of oral fluid for drug testing under section 75FC; or
(ii) a requirement to allow a blood sample to be taken for analysis under section 75FF.
(1) A person commits an offence if the person fails to comply with —
(a) a requirement to provide a sample of breath for breath analysis under section 75EH or 75EI; or
(b) a requirement to allow a sample of the person’s blood to be taken for analysis under section 75EH, 75EI, 75EN or 75EO; or
(c) a leave vessel, accompany officer or wait requirement imposed in relation to a requirement referred to in paragraph (a) or (b); or
(d) a requirement to stop a vessel at, or navigate a vessel to, a specified place under section 75GA.
Penalty for this subsection:
(a) for a first offence —
(i) if the person has 1 or more previous convictions for a 0.08+ offence — a fine of not less than $2 400 or more than $5 650;
(ii) if the person has 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $3 600 or more than $5 650;
(iii) if the person has 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $3 600 or more than $5 650;
(iv) in any other case — a fine of not less than $2 050 or more than $5 650;
(b) for a second offence, imprisonment for 9 months or a fine of not less than $4 750 or more than $7 900;
(c) for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $4 750 or more than $11 250.
(2) If a person is convicted of an offence against subsection (1), a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
First offence: (a) 1 previous conviction for a 0.08+ offence | 18 months |
(b) 2 or more previous convictions for a 0.08+ offence | 30 months |
(c) 1 previous conviction for a 0.08+ and illicit drug offence | 27 months |
(d) 2 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(e) 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(f) any other case | 15 months |
Second offence | 42 months |
Third or subsequent offence | Permanent |
(3) In determining whether an offence against this section is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits a crime if the person commits an offence against section 75HB(1) in the circumstance of aggravation stated in subsection (2).
Alternative offence for this subsection: section 75HB(1) (Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place).
Penalty for this subsection: imprisonment for 14 years or a fine of any amount.
Summary conviction penalty for this subsection: imprisonment for 18 months or a fine of $8 000.
(2) For the purposes of subsection (1), the
circumstance of aggravation is that when an inspector or police officer imposes the requirement on the person the subject of the offence against section 75HB(1), the inspector or police officer —(a) advises the person that the inspector or police officer believes the vessel the person was, or is believed to have been, navigating was involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, another person; and
(b) explains the consequences of failing to comply with the requirement to the person.
(3) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —
(a) in relation to a conviction on indictment — for a period of not less than 2 years;
(b) in relation to a summary conviction — for a period of not less than 18 months.
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person fails to comply with —
(a) a requirement to provide a sample of oral fluid for drug testing under section 75FC; or
(b) a requirement to allow a sample of the person’s blood to be taken for analysis under section 75FF; or
(c) a leave vessel, accompany officer or wait requirement imposed in relation to a requirement referred to in paragraph (a) or (b).
Penalty for this subsection:
(a) for a first offence, a fine of not more than $1 250;
(b) for a second or subsequent offence, a fine of not less than $1 250 or more than $2 000.
(2) A court sentencing a person for a second or subsequent offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification for a period of not less than 6 months.
(3) In determining whether an offence against this section is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person fails to comply with —
(a) a requirement to undergo an assessment of drug impairment under section 75FH; or
(b) a requirement to allow a blood sample to be taken for analysis under section 75FJ; or
(c) a leave vessel, accompany officer or wait requirement imposed in relation to a requirement referred to in paragraph (a) or (b).
Penalty for this subsection:
(a) for a first offence, a fine of not less than $1 750 or more than $3 750;
(b) for a second offence, imprisonment for 9 months or a fine of not less than $3 150 or more than $5 250;
(c) for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $3 150 or more than $7 500.
(2) A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification —
(a) for a first offence, for a period of not less than 10 months;
(b) for a second offence, for a period of not less than 30 months;
(c) for a third or subsequent offence, permanently.
(3) In determining whether an offence against this section is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
In this Subdivision —
(a) a requirement to provide a sample of oral fluid for drug testing under section 75FC; or
(b) a requirement to allow a sample of blood to be taken for analysis under section 75FF or 75FJ; or
(c) a leave vessel, accompany officer or wait requirement imposed in relation to a requirement referred to in paragraph (a) or (b).
(1) A person commits an offence if the person fails to comply with a drug testing requirement in circumstances that, before an inspector or police officer makes the drug testing requirement of the person —
(a) the person provides a sample of breath for breath analysis under section 75EH or 75EI; and
(b) the breath analysis conducted by an authorised operator indicates that the person has a BAC of 0.05 g or above.
Alternative offence for this subsection: an offence specified in the Table.
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HD(1) | Failure to comply with requirement: oral fluid sample for drug testing or blood sample |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(2) If a person is convicted of an offence against subsection (1) —
(a) the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
(b) the court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the minimum period of disqualification specified in the Table.
≥ 0.05 g but < 0.07 g | Min: Max: Disq: | $1 900 3 months | $1 900 $3 000 9 months | $1 900 $3 000 12 months |
≥ 0.07 g | Min: Max: Disq: | $1 900 3 months | $1 900 $3 000 12 months | $1 900 $3 000 15 months |
Note: ≥ signifies of or above
< signifies less than
(3) In determining whether an offence against this section is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person fails to comply with a drug testing requirement in circumstances that, before an inspector or police officer makes the drug testing requirement of the person —
(a) the person provides a sample of breath for breath analysis under section 75EH or 75EI; and
(b) the breath analysis conducted by an authorised operator indicates that the person has a BAC of 0.08 g or above.
Alternative offence for this subsection: an offence specified in the Table.
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HD(1) | Failure to comply with requirement: oral fluid sample for drug testing or blood sample |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(2) If a person is convicted of an offence against subsection (1) —
(a) the person is liable to a penalty of a fine of not less than the minimum fine or more than the maximum fine specified in the Table; and
(b) the court convicting the person must, in any event, order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the minimum period of disqualification specified in the Table.
≥ 0.08 g but < 0.09 g | Min: Max: Disq: | $1 150 $3 400 9 months | $2 400 $3 400 12 months | $2 400 $3 400 15 months |
≥ 0.09 g but < 0.11 g | Min: Max: Disq: | $1 300 $3 400 11 months | $2 550 $3 400 15 months | $2 550 $3 400 20 months |
≥ 0.11 g but < 0.13 g | Min: Max: Disq: | $1 500 $3 400 12 months | $2 700 $4 500 21 months | $2 700 $4 500 26 months |
≥ 0.13 g | Min: Max: Disq: | $1 750 $3 400 14 months | $3 600 $5 650 27 months | $3 600 $6 750 42 months |
Note: ≥ signifies of or above
< signifies less than
(3) In determining whether an offence against this section is a first, second or subsequent offence —
(a) a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the offence; and
(b) a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
(1) A person commits an offence if the person fails to comply with a drug testing requirement in circumstances that, before an inspector or police officer makes the drug testing requirement of the person —
(a) the person provides a sample of breath for breath analysis under section 75EH or 75EI; and
(b) the breath analysis conducted by the inspector or police officer indicates that the person has a BAC of 0.15 g or above.
Alternative offence for this subsection: an offence specified in the Table.
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HD(1) | Failure to comply with requirement: oral fluid sample for drug testing or blood sample |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
Penalty for this subsection:
(a) for a first offence —
(i) if the person has 1 or more previous convictions for a 0.08+ offence — a fine of not less than $2 400 or more than $5 650;
(ii) if the person has 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $3 600 or more than $5 650;
(iii) if the person has 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence — a fine of not less than $3 600 or more than $5 650;
(iv) in any other case — a fine of not less than $2 050 or more than $5 650;
(b) for a second offence, imprisonment for 9 months or a fine of not less than $4 750 or more than $7 900;
(c) for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $4 750 or more than $11 250.
(2) If a person is convicted of an offence against subsection (1), a court sentencing the person must order that the person is disqualified from holding or obtaining a WA marine qualification for not less than the period of disqualification specified in the Table.
First offence: (a) 1 previous conviction for a 0.08+ offence | 18 months |
(b) 2 or more previous convictions for a 0.08+ offence | 30 months |
(c) 1 previous conviction for a 0.08+ and illicit drug offence | 27 months |
(d) 2 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(e) 1 or more previous convictions for a 0.08+ offence and 1 or more previous convictions for a 0.08+ and illicit drug offence | 42 months |
(f) any other case | 15 months |
Second offence | 42 months |
Third or subsequent offence | Permanent |
(3) In determining whether an offence against this section is a first, second or subsequent offence —
(a) a previous offence against subsection (1) is to be taken into account regardless of the person’s BAC when committing the offence; and
(b) a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HE(1) | Failure to comply with requirements relating to assessment of drug impairment |
(4) A police officer may arrest a person for an offence against subsection (1) without a warrant.
It is a defence to a charge of an offence of failing to comply with an alcohol or drug testing requirement for the person charged to prove that the substantial reason for the failure to comply was a reason other than to avoid providing information that might be used as evidence.
(1) This section applies if it appears to an inspector or police officer that a person on whom the inspector or police officer may impose an alcohol or drug testing requirement is unconscious or seriously injured.
(2) The inspector or police officer must facilitate the provision of medical assistance for the person.
(1) This section applies if an inspector or police officer has power under Division 2 or 3 to require a person —
(a) to provide a sample of breath for breath analysis; or
(b) to provide a sample of oral fluid for drug testing; or
(c) to allow a sample of the person’s blood to be taken for analysis; or
(d) to undergo an assessment of drug impairment.
(2) The inspector or police officer must not impose the requirement on the person if it appears to the inspector or police officer that the sample cannot be taken, or the assessment of drug impairment cannot be conducted, within 4 hours after the circumstances giving rise to the requirement occurred.
(3) This section applies subject to section 75EP.
Note for this subsection:
Section 75EP allows a requirement to allow or cause a sample of a person’s blood to be taken within 12 hours after an incident occurs in particular circumstances.
(1) This section applies if —
(a) an authorised drug tester conducts drug testing of a sample of a person’s oral fluid provided in compliance with a requirement imposed under section 75FC; and
(b) in the opinion of the authorised drug tester, the drug testing indicates that the person’s oral fluid contains a prescribed illicit drug.
(2) The sample must be divided into 2 parts, each of which is taken be a sample of the person’s oral fluid for the purposes of this Act.
(3) The authorised drug tester must ensure that both samples are delivered to an inspector or police officer.
(4) An inspector, police officer or other person engaged for the purpose must deliver 1 of the samples to the Chemistry Centre (WA) on behalf of the person who provided the sample.
Note for this subsection:
See section 75IF for the obligations of the Chemistry Centre (WA) relating to the sample.
(1) A prescribed sample taker is authorised to take a sample of a person’s blood for analysis if an inspector or police officer under this Part —
(a) has required a person to allow a prescribed sample taker nominated by the inspector or police officer to take a sample of the person’s blood for analysis; or
(b) causes a prescribed sample taker to take a sample of the person’s blood for analysis.
(2) No action lies against a prescribed sample taker by reason only of the person taking a sample of a person’s blood for analysis under this Part.
(1) In this section —
(2) This section applies if —
(a) a person who may have been on a vessel when the vessel was involved in a serious incident is dead on arrival at a hospital or dies in a hospital before a sample of the person’s blood can be taken; and
(b) were the person alive, they —
(i) may have been required to allow a prescribed sample taker to take a sample of the person’s blood for analysis in accordance with an alcohol or drug testing requirement; or
(ii) may have been a person for whom a prescribed sample taker may have been caused to take a sample of the person’s blood for analysis.
(3) The medical practitioner who reports the death under the
Coroners Act 1996 section 17(3) may —(a) take a sample of blood from the body of the person; or
(b) as soon as practicable after reporting the death, notify the coroner that a sample of blood should be taken from the person’s body because of the circumstances of the person’s death.
(4) If the coroner is notified under subsection (3)(b), the coroner may direct and authorise a pathologist to take a sample of blood from the person’s body.
(5) A person is not obliged to take a sample of blood under this section if another sample of blood has previously been taken from the person’s body in accordance with an alcohol or drug testing requirement relating to the serious incident.
(1) This section applies if a prescribed sample taker takes a sample of a person’s blood for analysis in accordance with an alcohol or drug testing requirement imposed on the person.
(2) The sample must be taken —
(a) in accordance with the regulations or otherwise in a proper manner; and
(b) either —
(i) as a single sample which is then divided into 2 parts; or
(ii) as 2 samples taken 1 immediately after the other.
(3) If 2 samples of the person’s blood are taken under subsection (2)(b) —
(a) the 2 samples are taken to be a single sample, taken at the time the first of the 2 samples was taken; and
(b) each of the 2 samples is taken to be —
(i) a part of that single sample that has been divided into 2 parts; and
(ii) a sample of the person’s blood for the purposes of this Act.
(4) The prescribed sample taker must ensure that both samples are delivered to an inspector or police officer.
(5) An inspector, police officer or other person engaged for the purpose must deliver 1 of the samples to the Chemistry Centre (WA) on behalf of the person from whom the samples were taken.
Note for this subsection:
See section 75IF for the obligations of the Chemistry Centre (WA) relating to the sample.
(6) If a sample of a person’s blood is analysed for alcohol by an analyst in accordance with the regulations, the BAC of the sample is the analysis result and is taken to be the person’s BAC at the time the sample of blood was taken.
(1) This section applies to a sample of oral fluid or blood delivered to the Chemistry Centre (WA) on behalf of a person under section 75IB(4) or 75IE(5).
(2) The Chemistry Centre (WA) must retain and appropriately store the sample until the person requests it.
(3) Within 3 months after the day on which the sample is given to the Chemistry Centre (WA), the person may ask for the sample to be delivered to an analyst (as defined in the
Misuse of Drugs Act 1981 section 3(1)) nominated by the person for analysis.(4) The cost of delivering the sample must be paid for by the person.
(5) The Chemistry Centre (WA) is not required to store the sample for more than 3 months.
(1) In this section —
(2) A person must not use a sample to obtain the subject’s DNA profile.
Penalty for this subsection: imprisonment for 12 months.
(1) The regulations may make provision in relation to testing for alcohol or drugs, including —
(a) the procedures for, or equipment to be used in —
(i) conducting a preliminary breath test, breath analysis, preliminary oral fluid test or drug testing; or
(ii) taking a sample of oral fluid or a blood sample;
or
(b) the destruction of a sample, or other forensic material, taken under this Part.
(2) Regulations may apply or adopt instruments under the
Road Traffic Act 1974 for a purpose under this Act —(a) with or without modifications; or
(b) as in force at a particular time or from time to time.
The Minister may approve, by notice published in the
(a) a type of device that uses a sample of a person’s breath to indicate 1 or more of the following —
(i) a person’s BAC;
(ii) whether a person’s BAC is of a particular level or above;
(iii) whether or not alcohol is present in the person’s blood;
(b) a type of device that analyses a sample of a person’s breath to determine the person’s BAC;
(c) a type of device that provides a preliminary indication of the presence of a prescribed illicit drug in a sample of a person’s oral fluid;
(d) a type of device that ascertains whether a prescribed illicit drug is present in a sample of a person’s oral fluid.
(1) The Commissioner of Police may delegate the Commissioner’s power under section 75EA(2), 75EB(2) or 124HP(2) to —
(a) a specified police officer; or
(b) a police officer of a specified class; or
(c) a person who is employed in the department of the Public Service principally assisting in the administration of the
Police Act 1892 .
(2) The delegation must be in writing signed by the Commissioner of Police.
(3) A person to whom a power is delegated under this section cannot delegate that power.
(4) A person performing a power that has been delegated to the person is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner of Police to exercise a power or perform a function through an officer or agent.
In this Part, unless the contrary intention appears —
(a) any amendment of the Convention, other than an amendment not accepted by Australia, made under Article IX of the Convention; and
(b) any amendment of the annexes to the Convention, other than an amendment objected to by Australia, made under Article X of the Convention;
[(1) deleted] (2) Regulations made under this Part may make provision for or with respect to any matter by applying, adopting or incorporating, with or without modification —
(a) the provisions of any Act, or of any regulations, as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the first‑mentioned regulations take effect,
but the regulations shall not, except as provided by this subsection, make provision for or with respect to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
(1) Where, under this Part, the Governor is empowered to make regulations for and in relation to giving effect to any of the provisions of the Container Convention, the Safety Convention or the Prevention of Collisions Convention, the power shall, in the case of a provision of any of those Conventions the terms of which are such as to vest in the several Governments who are parties to the Convention a discretion as to whether any, and if so what, action should be taken under the Convention, be construed as an authority to the Governor to make by regulation such provision (if any) with respect to the matter in question as the Governor in the exercise of that discretion thinks proper.
(2) Notwithstanding any regulation made under any provision of this Part for the purpose of giving effect to any provision of the Container Convention, the Safety Convention or the Prevention of Collisions Convention which requires a particular fitting, material, appliance or apparatus, or type thereof, to be fitted or carried in a ship, or any particular provision to be made in a ship, the Minister may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made if the Minister is satisfied that that other fitting, material, appliance or apparatus, or type thereof, of provision, is at least as effective as that required by the relevant Convention.
(1) The regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention in relation to vessels, while they are in State waters.
(2) A person shall not contravene a regulation made under subsection (1).
Penalty for this subsection: a fine of $10 000 or imprisonment for 2 years.
(3) The regulations referred to in subsection (1) may make provision for applying, adopting or incorporating, with or without modification, the Prevention of Collisions Convention.
(1) The regulations may make provision for and in relation to giving effect to the Container Convention in relation to containers in the State.
(2) Without limiting the generality of subsection (1), regulations made for the purpose of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
(1) Nothing in a law in force in the State at the commencement of this Division shall, after that commencement, be taken as imposing or authorising the imposition of structural safety requirements or tests on containers to which the Container Convention applies in relation to containers in the State that are not required or permitted by that Convention to be imposed on containers to which it applies.
(2) Nothing in subsection (1) shall be taken to preclude the application in relation to containers in the State to which the Container Convention applies of a law in force in the State that prescribes additional structural safety requirements or tests of a kind referred to in paragraph (2) of Article V of that Convention.
In this Division, except in so far as the contrary intention appears, a word or expression used in this Division has the same meaning as in the Limitation Convention.
(1) The provisions of this Division shall be read subject to any law in force in the State to the extent that, by giving effect to an international agreement to which Australia is a party, it excludes or limits the right of the owner of a sea‑going ship to limit his liability in accordance with the Limitation Convention.
(2) A reference in subsection (1) to the provisions of this Division shall be read as including a reference to the applied provisions of the Limitation Convention and the provisions of any regulations made for the purposes of section 87.
(1) Subject to section 85, the provisions of the Limitation Convention, other than Article 1(1)(c) of that Convention, have the force of law of as part of the law of the State in relation to —
(a) a trading ship within the meaning of section 6 of the former Navigation Act proceeding on a voyage other than an overseas voyage or an inter‑state voyage; and
(b) an Australian fishing vessel within the meaning of section 6 of that Act proceeding on a voyage other than an overseas voyage; and
(c) an inland waterways vessel within the meaning of section 6 of that Act; and
(d) a pleasure craft within the meaning of section 6 of that Act; and
(e) an off‑shore industry vessel within the meaning of section 8 of that Act —
(i) in respect of which there is not in force a declaration under section 8A(2) of that Act; and
(ii) that is proceeding on a voyage other than an overseas voyage or an inter‑state voyage.
(2) In subsection (1),
inter‑state voyage andoverseas voyage have the same meanings as in section 6 of the former Navigation Act.(3) A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.
Notwithstanding section 84, in relation to a trading ship or an inland waterways vessel which in either case is a sheltered water passenger vessel, the Limitation Convention shall be read and construed as if the following paragraphs were substituted for Article 3 —
(1) The amount to which the owner of a sheltered water passenger vessel may limit his liability under Article 1 shall be an aggregate amount of $45 000 for each passenger permitted by the vessel’s certificate of survey.
(2) The distribution of the limitation fund among the claimants shall be made in proportion to the amounts of their established claims.
(3) If before the fund is distributed the owner has paid in whole or in part any of the claims set out in Article 1 paragraph (1), he shall
pro tanto be placed in the same position in relation to the fund as the claimant whose claim he has paid.(4) Where the ship owner establishes that he may at a later date be compelled to pay in whole or in part any of the claims set out in Article 1 paragraph (1) the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable the ship owner at such later date to enforce his claim against the fund in the manner set out in the preceding paragraph.
(1) Where a claim is, or claims are, made against or apprehended by a person in respect of any liability of that person that he may limit in accordance with the applied provisions of the Limitation Convention, the person may apply to the Supreme Court (whether or not in the course of other proceedings) to determine the limit of that liability in accordance with those provisions, and the Court may so determine the limit of that liability and may make such order or orders as it thinks fit with respect to the Constitution, administration and distribution in accordance with those provisions, of a limitation fund for the payment of claims in respect of which the person is so entitled to limit his liability.
(2) The Supreme Court to which an application has been made under subsection (1) may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to the Supreme Court of another State or Territory of the Commonwealth.
(3) Where proceedings are transferred from the Supreme Court in pursuance of subsection (2), all documents filed of record, and moneys lodged, in the Supreme Court shall be transmitted by the Master to the Registrar or other proper officer of the Court to which the proceedings are transferred.
(4) Where proceedings are transferred to the Supreme Court by a Court of another State or Territory of the Commonwealth in pursuance of a law of that State or Territory analogous to this section, the Supreme Court shall proceed as if the proceedings had been originally instituted in the Supreme Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings are transferred.
(5) For the purposes of this Division, amounts of money expressed in the franc mentioned in Article 3 of the Convention shall be converted into Australian currency in the manner provided by the
Navigation (Limitation of Shipowners’ Liability) Regulations of the Commonwealth or by regulations substituted for or amending those regulations.
(1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the applied provisions of the Limitation Convention and, for or in connection with those purposes, may make provision for and in relation to the ascertainment of the tonnage of ships, vessels or craft mentioned in section 84(1) including the estimation of such tonnage in circumstances where it is not possible or reasonably practicable to measure their tonnage.
(2) Subsection (1) shall not be taken as limiting the power of the Judges of the Supreme Court to make rules with respect to a matter that is not provided for in regulations made under subsection (1).
The owner of a ship, vessel or craft mentioned in section 84(1) shall not be liable to make good to any extent whatever any loss or damage happening without his actual fault or privity where —
(a) any goods, merchandise or other things whatsoever taken in or put on board the ship are lost or damaged by reason of fire on board the ship; or
(b) any goods, being gold, silver, diamonds watches, jewels or precious stones taken in or put on board the ship, the true nature and value of which have not, at the time of shipment, been declared by the owner or shipper thereof to the owner or master of the ship in the bills of lading or otherwise in writing, are lost or damaged by reason of any robbery, embezzlement, making away with or secreting thereof.
(1) The owner of a ship is not entitled to limit his liability in respect of a claim that is made by the master or any other member of the crew of the ship, or by a servant of the owner on board the ship, or by a servant of the owner whose duties are connected with the ship, where the claim arises from an occurrence of a kind specified in subparagraph (1)(a) or (b) of Article 1 of the Limitation Convention.
(2) The reference in subsection (1) to the master or any other member of the crew of a ship, or a servant of the owner of a ship on board the ship, or a servant of the owner of a ship whose duties are connected with the ship, shall be read as including a reference to the heirs, personal representatives and dependants of the master or other member of the crew, or servant of the owner, as the case may be.
(1) The regulations may make provision for or in relation to giving effect to a provision of Chapter V of the Regulations contained in the Annex to the Safety Convention (other than Regulation 13 or 15 of that Chapter of those Regulations) with respect to —
(a) a trading ship within the meaning of section 6 of the former Navigation Act proceeding on a voyage other than an overseas voyage or an inter‑state voyage; or
(b) an Australian fishing vessel within the meaning of section 6 of that Act proceeding on a voyage other than an overseas voyage; or
(c) an inland waterways vessel within the meaning of section 6 of that Act; or
(d) a pleasure craft within the meaning of section 6 of that Act; or
(e) an off‑shore industry vessel within the meaning of section 8 of that Act —
(i) in respect of which there is not in force a declaration under section 8A(2) of that Act; and
(ii) that is proceeding on a voyage other than an overseas voyage or an inter‑state voyage.
(2) In subsection (1),
inter‑state voyage andoverseas voyage have the same meanings as in section 6 of the former Navigation Act.(3) A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purposes of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.
(4) Where a provision of the Safety Convention applies only in relation to a particular class of ships or in relation to ships engaged on a particular class of voyages, any regulation under subsection (1) that gives effect to that provision may be applied to ships of any other class mentioned in that subsection or to such ships engaged in any other class of voyages other than an overseas voyage or, except in the case of an Australian fishing vessel, an inter‑state voyage.
(1) A person shall not carry dangerous goods in a vessel or place dangerous goods, or cause dangerous goods to be placed, on board a vessel for carriage in the vessel unless —
(a) the outside of the package containing the goods is distinctly marked with a description of the goods in the manner required under the
Dangerous Goods Safety Act 2004 ; and(b) a description in writing of the goods (not being a description contained in the ordinary shipping documents) is given to the owner and master of the vessel at or before the time the goods are placed on board the vessel.
Penalty for this subsection: a fine of $2 000.
(2) Subsection (1) does not apply to the owner or master of the vessel.
(1) A person shall not knowingly send by or carry in any vessel from any port in the State any dangerous goods under a false description.
Penalty for this subsection: a fine of $2 000.
(2) Where any dangerous goods are on board a vessel, or are to be placed on board a vessel, a person shall not knowingly falsely describe the sender of the goods on any package containing the goods or in any document relating to the shipping of the goods.
Penalty for this subsection: a fine of $2 000.
(1) The owner or master of any vessel may refuse to take on board at any port in the State any package which the owner or master suspects contains dangerous goods and may require it to be opened and may inspect the contents.
(2) If any dangerous goods, or any goods which in the opinion of the owner or master of the vessel are dangerous goods, have been sent or brought aboard any vessel without being marked as required by section 91 or without notice having been given as required by that section, the owner or master of the vessel may cause the goods to be thrown overboard, with any package or receptacle in which they are contained, and neither the owner nor the master shall be subject to any liability, civil or criminal, for doing so.
(1) Where any dangerous goods have been sent or carried or an attempt has been made to send or carry dangerous goods on board any vessel at any port in the State without being marked as required by section 91 or without notice having been given as required by that section, or under a false description, or with a false description of the sender or carrier thereof, any court having Admiralty jurisdiction may declare those goods and any receptacle in which they are contained to be, and they shall thereupon be, forfeited, and when forfeited shall be disposed of as the court directs.
(2) The court shall have, and may exercise, the powers of forfeiture and disposal notwithstanding that the owner of the goods has not committed any offence under the provisions of this Act relating to dangerous goods, and is not before the court, and has not notice of the proceedings and notwithstanding that there is no evidence to show to whom the goods belong; but the court may in its discretion require such notice as it may direct to be given to the owner or shipper of the goods before declaring them to be forfeited.
If in the opinion of the Minister, the carriage of any particular cargo or goods in any vessel would endanger its safety or interfere with the comfort of its passengers or crew, the Minister may give notice to the master or owner that the carriage in the vessel of the cargo or goods specified in the notice is prohibited and, after receiving such a notice, the master shall not cause the vessel to be underway, and the owner shall not permit the vessel to be underway, with the prohibited cargo or goods.
Penalty: a fine of $2 000.
The regulations may deal with the carriage of dangerous goods, including by —
(a) prescribing the classes of vessel in which dangerous goods may be carried; and
(b) providing for the quantities of dangerous goods that may be carried from any port in the State in such vessels; and
(c) providing for the precautions to be observed in connection with the loading and unloading of dangerous goods at any port in the State; and
(d) providing for the conditions as to packing and stowage of dangerous goods, and the ventilation of holds containing dangerous goods, loaded at any port in the State.
(1) If a vessel carrying passengers carries explosives, the explosives shall be protected in the manner directed by the chief executive officer.
(2) The master and the owner of a vessel on which explosives are carried contrary to subsection (1) are each guilty of an offence.
Penalty for this subsection: a fine of $2 000.
(3) This section does not apply to explosives forming part of the equipment or stores required for the navigation, safety, or maintenance of the vessel.
(4) Without limiting any power conferred on an inspector or authorised person under this Act, an inspector or authorised person may seize and detain without warrant any explosives which are in or on board a vessel contrary to this section.
(5) Explosives seized under this section may be forfeited on the order of a court of summary jurisdiction and disposed of as the court directs.
(1) The regulations may deal with the registration, navigation and operation of pleasure vessels and prescribed vessels, including by —
(a) prescribing the duties of owners, masters and operators of pleasure vessels and prescribed vessels;
(b) providing for the registration and transfer of registration of pleasure vessels and prescribed vessels, and the suspension or cancellation of registration;
(c) prohibiting the navigation of a pleasure vessel or a prescribed vessel in a class of pleasure vessel or prescribed vessel that the chief executive officer has determined under subsection (2) cannot be navigated safely;
(d) providing for the maintenance and repair of pleasure vessels and prescribed vessels;
(e) providing for the equipment that must be provided on pleasure vessels and prescribed vessels and the use and maintenance of the equipment;
(f) providing for the inspection of pleasure vessels and prescribed vessels and their equipment by inspectors or authorised persons, and the powers of authorised persons who carry out those inspections;
(g) providing for design and construction requirements for pleasure vessels and prescribed vessels;
(h) prescribing the age of persons who may operate or be in command or charge of pleasure vessels and prescribed vessels;
(i) providing for the crewing of pleasure vessels and prescribed vessels, including the qualifications required by masters and crew;
(j) providing for the provision and use on pleasure vessels and prescribed vessels of lights and signals;
(k) providing for the licensing of owners, masters, operators and crew of pleasure vessels and prescribed vessels, including —
(i) issuing licences; and
(ii) authorising the chief executive officer to grant exemptions in relation to licences; and
(iii) assessing the competency of people to hold licences;
(ka) providing for schemes for assessing the competency of people to hold licences in relation to owners, masters, operators and crew of pleasure vessels and prescribed vessels;
(l) providing for the safe navigation of pleasure vessels and prescribed vessels, including emergency and safety management procedures and the testing or auditing of those procedures;
(m) providing for the inspection or survey of prescribed vessels, including by providing for —
(i) the powers of authorised persons who carry out those inspections or surveys;
(ii) certificates of survey, the conditions to which they are subject and the renewal, transfer, suspension or cancellation of them;
(iii) the recognition of certificates of survey issued under a law of another Australian jurisdiction;
(n) providing for requirements relating to the hiring of prescribed vessels and duties of hirers of prescribed vessels.
(2) The chief executive officer may, for the purposes of regulations made under subsection (1)(c), determine, by notice published in the
Gazette , that a class of pleasure vessel or prescribed vessel cannot be navigated safely if satisfied that that is the case.(3) The
Interpretation Act 1984 section 43(8)(d) does not limit subsection (1)(k) or (ka).
(1) In this section —
(2) In the following provisions, unless the contrary intention appears, a reference to a vessel or a pleasure vessel includes a reference to a seaplane and a reference to navigation includes a reference to the operation of a seaplane on water —
(a) section 3A(1)(a);
(b) sections 58A, 59, 60, 64, 64A, 64B, 64C, 64D, 65, 66, 67 and 68;
(c) section 79;
(d) section 99(1)(b), (i) and (j);
(e) sections 114(1A)(a), (c), (d), (e), (h) and (i) and (1D) and 115A;
(f) the provisions of regulations made under or for the purposes of a provision listed in paragraphs (a) to (e);
(g) a provision of this Act or the regulations that applies in relation to or has effect for the purposes of a provision listed in paragraphs (a) to (f) — to the extent necessary for that application or effect.
In this Division —
(a) name;
(b) Australian Company Number;
(c) residential address;
(d) business address;
(e) email address;
(f) telephone number;
(g) date of birth;
(a) the giving of an infringement notice to a person;
(b) the payment of an amount of money in accordance with an infringement notice;
(c) the withdrawal of an infringement notice;
(d) a matter in relation to which an infringement notice was issued coming before a court for determination;
(e) the registration of an infringement notice under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3;(f) any withdrawal of proceedings under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in relation to an infringement notice;
(a) the
Harbours and Jetties Act 1928 ;(b) the
Jetties Act 1926 ;(c) the
Lights (Navigation Protection) Act 1938 ;(d) the
Marine and Harbours Act 1981 ;(e) the
Marine Navigational Aids Act 1973 ;(f) the
Pollution of Waters by Oil and Noxious Substances Act 1987 ;(g) the
Sea‑Carriage of Goods Act 1909 ;(h) the
Shipping and Pilotage Act 1967 ;(i) the
Transport Co‑ordination Act 1966 to the extent that it relates to ferries and ships;
(a) the persons who have made applications for or in relation to marine qualifications;
(b) the persons who hold or have held marine qualifications;
(c) suspensions and cancellations of marine qualifications;
(d) in relation to a particular qualification — any conditions or restrictions on the qualification;
(a) information about mooring authorisations, including details of the following —
(i) the holders of mooring authorisations;
(ii) the vessels and moorings to which mooring authorisations relate;
(iii) the registered owners of vessels to which mooring authorisations relate, including past owners;
(iv) the registration (if any) of mooring authorisations, including transfers of mooring authorisations;
and
(b) information about the use of moorings, including unauthorised use;
(a) any offence under this Act or a marine Act with which a person has been charged or of which a person has been convicted;
(b) any penalty, suspension, cancellation or disqualification arising from any such conviction;
(c) the quashing or setting aside of any such conviction;
(a) information about registration of vessels, including transfers of registration;
(b) details of the registered owners of vessels, including past owners;
(c) hull identification numbers of vessels;
(d) details of makes and models of vessels;
(e) details of certificates of survey and operation;
(f) information prescribed for the purposes of this definition.
(1) A person must not, directly or indirectly, record, use or disclose information that was obtained by the person when performing a function under this Act, unless permitted to do so under subsection (2).
Penalty for this subsection: imprisonment for 12 months or a fine of $12 000.
(2) The person may record, use or disclose the information —
(a) for the purpose of performing a function that the person has under this Act or a marine Act; or
(b) as required or allowed under this Act or another written law; or
(c) under the order of a court or person or body acting judicially; or
(d) for the purposes of the investigation of a suspected offence or disciplinary matter or the conduct of proceedings against a person for an offence or disciplinary matter; or
(e) if the information is personal information — with the consent of the person to whom it relates; or
(f) in circumstances prescribed for the purposes of this subsection.
(3) Subsection (1) does not prevent the recording, use or disclosure of statistical or other information (
de‑identified information ) that could not reasonably be expected to lead to the identification of a person to whom it relates.(4) The chief executive officer may —
(a) publish de‑identified information; and
(b) provide unpublished de‑identified information to a person on payment of a fee (if any) determined by the chief executive officer.
(5) A fee under subsection (4)(b) cannot exceed the costs and expenses of the Department in preparing or collating the information for the person.
(1) The chief executive officer must disclose the following information to the Commissioner of Police —
(a) marine qualification information;
(b) mooring information;
(c) incident information;
(d) offence information;
(e) infringement notice information;
(f) vessel information;
(g) information prescribed for the purposes of this subsection.
(2) Information disclosed under subsection (1) —
(a) may be used in the performance of the functions of the Commissioner of Police, whether under a written law or otherwise, but not for any other purpose; and
(b) may be disclosed by the Commissioner of Police to an officer, department or instrumentality of the State, another Australian jurisdiction or an overseas jurisdiction for use in the performance of the law enforcement functions of that officer, department or instrumentality, but not for any other purpose.
(3) The Commissioner of Police must disclose the following information to the chief executive officer —
(a) incident information;
(b) general offence information;
(c) infringement notice information;
(d) information prescribed for the purposes of this subsection.
(4) In subsection (3)(b) —
(5) Information disclosed under subsection (3) may be used in the performance of the chief executive officer’s functions under this Act or a marine Act, but not for any other purpose.
(1) In this section —
(a) a Commonwealth or interstate authority or an overseas authority with the function of granting marine qualifications; and
(b) a Commonwealth or interstate authority with functions, under a law of that jurisdiction, that correspond, or substantially correspond, to functions of the chief executive officer under this Act; and
(c) a person prescribed, or of a class prescribed, for the purposes of this definition.
(2) The chief executive officer may disclose the following information to a relevant authority if the chief executive officer considers that the information is required by the relevant authority for the purposes of performing its functions —
(a) marine qualification information;
(b) mooring information;
(c) infringement notice information;
(d) offence information;
(e) vessel information;
(f) information prescribed for the purposes of this subsection.
(3) If information disclosed under subsection (2) includes information about an offence of which a person has been convicted or for which a person has been given an infringement notice, the chief executive officer must also disclose to the relevant authority, at the time or subsequently when the information becomes known to the chief executive officer, information about the following —
(a) any quashing or setting aside of the conviction;
(b) the withdrawal of the infringement notice;
(c) the matter in relation to which the infringement notice was issued coming before a court for determination;
(d) the registration of the infringement notice under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3;(e) the withdrawal of proceedings under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in relation to the infringement notice;(f) anything else concerning the offence, the disclosure of which is likely to be favourable to that person.
(4) The chief executive officer may seek from a relevant authority any information that the chief executive officer considers is required for the purposes of performing the chief executive officer’s functions under this Act or a marine Act.
(5) The chief executive officer may, for the purposes of performing the chief executive officer’s functions under this Act or a marine Act, use information obtained from a relevant authority.
(1) In this section —
(a) the purpose of performing functions under a written law or a law of another jurisdiction; or
(b) a purpose related to the administration or enforcement of a written law or a law of another jurisdiction; or
(c) a purpose prescribed for the purposes of this definition;
(2) The chief executive officer may disclose the following information to a prescribed person if the chief executive officer considers that the information is required by the person for an authorised purpose —
(a) marine qualification information;
(b) mooring information;
(c) vessel information;
(d) information prescribed for the purposes of this subsection.
(3) A person to whom information is disclosed under subsection (2), or who is employed or engaged by or for a person to whom information is disclosed under subsection (2), must not use the information for a purpose other than the authorised purpose for which it was disclosed.
Penalty for this subsection: imprisonment for 12 months or a fine of $12 000.
(1) In this section —
(a) details of any evidence, statement, report or other information obtained as a result of any investigation of the incident;
(b) a copy of a statement or report produced as a result of any investigation of the incident;
(a) the purpose of research directed to the promotion of marine safety; or
(b) the purpose of distributing information about marine safety.
(2) The chief executive officer or the Commissioner of Police may disclose incident information in relation to a marine incident to a person involved in the incident.
(3) A person is a person involved in a marine incident, for the purposes of this section, if the person was —
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75D(1) | Navigation of vessel while BAC is 0.05 or above |
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
(b) an offence against this Act or another written law if either of the following matters is relevant to the proceeding —
(i) whether or not a person was under the influence of alcohol at a material time;
(ii) the extent to which a person was under the influence of alcohol at a material time.
(2) The
material time , in relation to a person about whom evidence is given for an alcohol‑related offence, is —(a) for an offence mentioned in subsection (1)(a) — the time at which a person is alleged to have navigated, or attempted to operate, a vessel while the person had a particular BAC;
(b) for an offence mentioned in subsection (1)(b) — the material time mentioned in subsection (1)(b)(i) or (ii) in relation to the offence.
(1) Evidence about any of the following matters may be given in a proceeding for an alcohol‑related offence —
(a) the provision of a sample of breath by a person for breath analysis, if the sample is provided within 4 hours after the material time;
(b) the analysis of the sample of the person’s breath by breath analysing equipment operated by an authorised operator;
(c) the manner in which the breath analysing equipment indicated a result of the breath analysis;
(d) the result indicated by the breath analysing equipment;
(e) the taking of a sample of blood from the person by a prescribed sample taker, if the sample is taken —
(i) within 4 hours after the material time; or
(ii) if the sample is taken in accordance with a requirement under section 75EO — within 12 hours after the material time;
(f) the analysis of the sample of the person’s blood for alcohol by an analyst;
(g) the result of the analysis of the sample.
(2) Subsection (1) does not limit the admissibility of other evidence that may be given in the proceeding.
In a proceeding for an alcohol‑related offence, evidence given by an authorised operator about any of the following is evidence of that fact —
(a) the device operated by the authorised operator to conduct an analysis of a breath sample was breath analysing equipment;
(b) the authorised operator operated the breath analysing equipment —
(i) in the prescribed manner; and
(ii) in compliance with the regulations relating to the type of breath analysing equipment;
(c) when operated, the breath analysing equipment indicated a result in the prescribed manner.
For the purposes of section 124HA, the matters that a person who is an authorised operator may certify in a certificate are that, on a specified date or at a specified time —
(a) a specified person provided a sample of breath for breath analysis; and
(b) the person was an authorised operator; and
(c) the sample of breath provided was analysed using a device that was breath analysing equipment that was operated by the person; and
(d) the person used the breath analysing equipment in the prescribed manner and in accordance with the regulations relating to breath analysis conducted using that type of breath analysing equipment; and
(e) at the conclusion of the breath analysis, the breath analysing equipment indicated a result in the prescribed manner; and
(f) the result of the breath analysis was the specified result; and
(g) in accordance with section 75EM, the person gave the specified person a written statement or statement printed by the breath analysing equipment referred to in that section.
For the purposes of section 124HA, the matters that a person who is an analyst may certify in a certificate are that, on a specified date or at a specified time —
(a) the person was an analyst; and
(b) the person received a sample of blood —
(i) identified in the specified way; and
(ii) identified as a sample taken from a specified person;
and
(c) the person analysed the sample for alcohol in accordance with the regulations, and
(d) the result from the analysis was the specified BAC.
Example for this section:
For the purposes of paragraph (b)(i), a sample may be identified by a number on the container for the sample.
(1) This section applies in a proceeding for an alcohol‑related offence referred to in section 124HC(1)(a).
(2) In the absence of proof to the contrary, the accused is taken to have a particular BAC at the time the accused navigated, or attempted to operate, a vessel if it is proved the person had that BAC —
(a) within 4 hours after the time of the navigation or attempted operation; or
(b) if the proof of the person’s BAC relates to a sample of the person’s blood taken in accordance with a requirement imposed under section 75EO — within 12 hours after the time of the navigation or attempted operation.
(3) Evidence that the accused consumed alcohol during the relevant period is not admissible to rebut the presumption created under subsection (2).
(4) For the purposes of subsection (3), the
relevant period is the period —(a) starting at the latest time it is alleged the accused navigated or attempted to operate a vessel; and
(b) ending when the person provided the sample of breath, or the sample of the person’s blood was taken, which established proof of the person’s BAC.
(1) A
drug‑related offence is —(a) an offence against any of the sections specified in the Table; or
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
(b) an offence against this Act or another written law if either of the following matters is relevant to the proceeding —
(i) whether or not a person was under the influence of, or impaired by, a drug at a material time;
(ii) the extent to which a person was under the influence of, or impaired by, a drug at a material time.
(2) The
material time , in relation to a person about whom evidence for a drug‑related offence is given, is —(a) for an offence mentioned in subsection (1)(a) — the time at which a person is alleged to have navigated, or attempted to operate, a vessel while —
(i) the person was under the influence of a drug; or
(ii) the person was impaired by drugs; or
(iii) a prescribed illicit drug was present in the person’s body;
or
(b) for an offence mentioned in subsection (1)(b) — the material time mentioned in subsection (1)(b)(i) or (ii) in relation to the offence.
(1) Evidence about the following matters may be given in a proceeding for a drug‑related offence —
(a) the taking of a sample of blood from a person by a prescribed sample taker, if the sample is taken —
(i) within 4 hours after the material time; or
(ii) if the sample is taken in accordance with a requirement imposed under section 75EO — within 12 hours after the material time;
(b) the analysis of the sample of the person’s blood for drugs by a drugs analyst;
(c) the result obtained from the analysis;
(d) the behaviour, condition or appearance of a person at the material time;
(e) the behaviour or a condition associated with a person who has consumed or used a particular drug or combination of drugs;
(f) the usual effect that the behaviour or a condition associated with a person who has consumed or used a particular drug or combination of drugs has on a person’s capacity to have proper control of a vessel;
(g) the provision of a sample of oral fluid by the person, if the sample is provided within 4 hours after the material time;
(h) the analysis of the sample of the person’s oral fluid for drugs by a drugs analyst;
(i) the result obtained from the analysis.
(2) Subsection (1) does not limit the admissibility of other evidence that may be given in the proceeding.
For the purposes of section 124HA, the matters that a person who is an authorised drug tester may certify in a certificate are that, on a specified date or at a specified time —
(a) the person was an authorised drug tester; and
(b) the person —
(i) took a sample of oral fluid from a specified person on a specified date and at a specified time; and
(ii) identified the sample in the specified way;
and
(c) the sampling equipment the person used to take the sample —
(i) is identified in the specified way; and
(ii) was given to the person by a specified person; and
(iii) was received in the specified condition;
and
(d) the person took the sample in accordance with the regulations.
Example for this section:
For the purposes of paragraph (c)(i), a sample may be identified by a number on the container for the sample.
For the purposes of section 124HA, the matters that a person who is a drugs analyst may certify in a certificate are that, on a specified date or at a specified time —
(a) the person was a drugs analyst; and
(b) the person received a sample of oral fluid or blood —
(i) identified in the specified way; and
(ii) identified as a sample taken from a specified person;
and
(c) the person analysed the sample for drugs; and
(d) the analysis produced the specified result.
Example for this section:
For the purposes of paragraph (b)(i): a sample may be identified by a number on the container for the sample.
For the purposes of section 124HA, the matters that a person who is an approved expert may certify in a certificate are —
(a) that, on a specified date or at a specified time, the person was an approved expert; and
(b) a description of the usual behaviour, condition or appearance associated with a person who has consumed or used a specified drug or combination of drugs; and
(c) a description of the usual effect that the behaviour or a condition associated with a person who has consumed or used a specified drug or combination of drugs has on a person’s capacity to have proper control of a vessel.
For the purposes of section 124HA, the matters that a person who is an inspector or police officer may certify in a certificate are that, on a specified date or at a specified time —
(a) a specified person who navigated, or attempted to operate, a vessel behaved in a specified way or had a specified condition or appearance; and
(b) the person conducted an assessment of drug impairment on a specified person; and
(c) the person conducted the assessment in accordance with the regulations; and
(d) during the assessment, the specified person behaved in a specified way or had a specified condition or appearance.
(1) This section applies in a proceeding for an offence specified in the Table.
s. 75CD(1) | Navigation of vessel while impaired by drugs |
s. 75DB(1) | Navigation of vessel while prescribed illicit drug present |
s. 75DC(1) | Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
(2) In the absence of evidence to the contrary, the presence of a drug in a person’s body is taken to be proved if it is proved that the drug was present in the person’s body —
(a) within 4 hours after the material time; or
(b) if the presence of the drug is proved in relation to a sample of the person’s blood taken in accordance with a requirement imposed under section 75EO — within 12 hours after the material time.
(1) The chief executive officer may issue a certificate certifying, on a specified date or during a specified period —
(a) that a specified person was an inspector; and
(b) as to whether or not the person was competent to operate breath analysing equipment or a drug testing device.
(2) The Commissioner of Police may issue a certificate certifying that, on a specified date or during a specified period —
(a) a specified police officer was an authorised operator competent to operate breath analysing equipment; or
(b) a specified police officer was an authorised drug tester competent to operate a drug testing device.
(3) The chief executive officer of the Chemistry Centre (WA) may issue a certificate certifying that, on a specified date or during a specified period —
(a) a specified person was an analyst; or
(b) a specified person was a drugs analyst.
(4) In any proceeding, a certificate referred to in subsection (1), (2) or (3), purporting to be signed by the person mentioned in that subsection, is evidence of the facts stated in the certificate without proof of the person’s signature.
(1) In this section —
(2) For the purposes of section 124HA, the matters that a person who is a technologist of an approved body may certify in a certificate are that —
(a) sampling equipment identified in the certificate comprises the prescribed items; and
(b) the technologist prepared the prescribed items; and
(c) the prescribed items are sterile and fit for the purpose of taking a sample of blood for analysis if used for that purpose no later than a specified date.
Example for this subsection:
For the purposes of paragraph (a), sampling equipment may be identified by a serial number.
For the purposes of section 124HA, the matters that a person who is a prescribed sample taker may certify in a certificate are that, on a specified date or at a specified time —
(a) the person was a prescribed sample taker; and
(b) the person —
(i) took a sample of blood from a specified person on a specified date and at a specified time; and
(ii) identified the sample in the specified way;
and
(c) the sampling equipment the person used to take the sample —
(i) is identified in the specified way; and
(ii) was given to the person by a specified person; and
(iii) was received in the specified condition;
and
(d) the person took the sample in accordance with the regulations.
Examples for this subsection:
1. For the purposes of paragraph (b)(ii), a sample may be identified by a number on the container for the sample.
2. For the purposes of paragraph (c)(i), sampling equipment may be identified by a serial number.
(1) In this section —
(2) This section applies in a proceeding for —
(a) an alcohol‑related offence referred to in section 124HC(1)(a); or
(b) a drug‑related offence referred to in section 124HI(1)(a).
(3) For the purposes of section 124HA, a person who takes delivery of a sample delivered to an analyst or drugs analyst may certify in a certificate the prescribed particulars of the delivery of the sample.
(1) This section relates to evidence in the form of a certificate of —
(a) an analyst under section 124HG; or
(b) a drugs analyst under section 124HL; or
(c) an approved expert under section 124HM; or
(d) a person who takes delivery of a sample delivered to an analyst or a drugs analyst under section 124HS.
(2) The certificate is not admissible as evidence in a proceeding unless —
(a) a copy of the certificate is served on the accused at least 28 days before the day on which the certificate is adduced in the proceeding; or
(b) it is adduced in the proceeding by, or with the consent of, the accused.
(3) The accused cannot challenge or call into question any matter set out in a certificate admitted under subsection (2) unless —
(a) written notice of the accused’s intention to challenge or question the matter is served on the prosecutor at least 14 days before the day on which the certificate is produced; or
(b) the court, in the interests of justice, gives the accused leave to challenge or question the matter.
(4) A notice referred to in subsection (3)(a) must specify the matter that is to be challenged or called into question.
(1) Evidence about a matter referred to subsection (2) is only admissible in a proceeding for an offence if —
(a) the proceeding is for an offence specified in the Table; or
s. 75H(1) | Failure to comply with requirement: preliminary breath test, preliminary oral fluid test or boarding or moving vessel |
s. 75HD(1) | Failure to comply with requirement: oral fluid sample for drug testing or blood sample |
s. 75HG(1) | Failure to comply with drug testing requirement: BAC of 0.05 or above |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
s. 75GF(5) | Prohibiting person from navigating vessel for 24 hours if prescribed illicit drug present |
(b) for a proceeding for any other offence against this Act or another written law — the evidence is adduced in the proceeding by, or with the consent of, the person the subject of the evidence.
(2) For the purposes of subsection (1), the matters are —
(a) that a person provided a sample of breath for a preliminary breath test and any indication provided by the preliminary breath testing device used for the test; and
(b) that a person provided a sample of oral fluid for a preliminary oral fluid test and any indication provided by the preliminary oral fluid testing device used for the test; and
(c) the result of the drug testing of a sample of a person’s oral fluid by a drug testing device.
(3) Evidence that a person provided a sample of the person’s oral fluid for drug testing is only admissible in a proceeding for an offence if —
(a) the proceeding is for a drug‑related offence; or
(b) the proceeding is for an offence specified in the Table to subsection (1)(a); or
(c) the evidence is adduced by, or with the consent of, the person the subject of the evidence.
In this Division —
(1) This section applies if a person is convicted of an offence against Part 3A or 3B and the penalty for the offence varies according to whether the person has been previously convicted for another offence.
(2) If a person’s conviction for a previous offence was recorded more than 20 years before the commission of the offence for which the person is being sentenced, the previous offence must not be taken into account in determining the penalty to be imposed.
(1) This section applies if a court is sentencing a person who has been convicted of —
(a) a first offence against a section mentioned in Table 1; or
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
(b) any offence against a section mentioned in Table 2.
s. 75DA(1) | Navigation of vessel while BAC is 0.08 or above |
s. 75DD(1) | Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present |
s. 75H(1) | Failure to comply with requirement: preliminary breath test, preliminary oral fluid test or boarding or moving vessel |
s. 75HH(1) | Failure to comply with drug testing requirement: BAC of 0.08 or above |
(2) The court may, instead of imposing a fine —
(a) order the release of the person; and
(b) impose a community based order under the
Sentencing Act 1995 with at least a community service requirement as a primary requirement of the order.
(3) If the offender is a young person, the court may, instead of imposing a fine, make a youth community based order under the
Young Offenders Act 1994 , imposing at least community work conditions on the offender.(4) Subsection (3) applies subject to sections 50, 50A and 50B of the
Young Offenders Act 1994 .
(1) This section applies if —
(a) a court is sentencing a person who has been convicted of —
(i) an offence against section 75HG(1) (Failure to comply with drug testing requirement: BAC of 0.05 or above); or
(ii) a second or subsequent offence against a section specified in the Table;
s. 75C(1) | Navigation of vessel while under influence of alcohol or drugs |
s. 75CA(1) | Navigation of vessel while under influence of both alcohol and drugs |
s. 75HB(1) | Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place |
s. 75HC(1) | Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm |
s. 75HI(1) | Failure to comply with drug testing requirement: BAC of 0.15 or above |
and
(b) the court orders the release of the offender; and
(c) the court imposes —
(i) a community based order or an intensive supervision order under the
Sentencing Act 1995 ; or(ii) if the offender is a young person — a youth community based order or an intensive youth supervision order under the
Young Offenders Act 1994 .
(2) If the court imposes an order referred to in subsection (1)(c)(i), the court must impose at least a community service requirement as a primary requirement of the community based order or intensive supervision order.
(3) If the court imposes an order referred to in subsection (1)(c)(ii), the court must impose community work conditions on the offender as part of the youth community based order or intensive youth supervision order.
A court sentencing a person who has been convicted of an offence against section 75CD(1) (Navigation of vessel while impaired by drugs) must order a pre‑sentence report about the offender under the
(1) This section applies if a court is sentencing a person who has been convicted of a first offence against —
(a) section 75CD(1) (Navigation of vessel while impaired by drugs); or
(b) section 75HE(1) (Failure to comply with requirements relating to assessment of drug impairment).
(2) Despite the
Sentencing Act 1995 section 39(3) and (4), the court must, instead of or in addition to imposing a fine —(a) order the release of the person; and
(b) impose a community based order under the
Sentencing Act 1995 with at least a programme requirement as a primary requirement of the order.
(3) If the offender is a young person, the court must, instead of or in addition to imposing a fine, make a youth community based order under the
Young Offenders Act 1994 , imposing at least attendance conditions on the offender.(4) Subsection (3) applies —
(a) subject to sections 50, 50A and 50B of the
Young Offenders Act 1994 ; and(b) despite section 74 of that Act.
(1) This section applies if a court is sentencing a person who has been convicted of a second or subsequent offence against —
(a) section 75CD(1) (Navigation of vessel while impaired by drugs); or
(b) section 75HE(1) (Failure to comply with requirements relating to assessment of drug impairment).
(2) The court must, instead of or in addition to imposing a fine, order the release of the person and impose either of the following under the
Sentencing Act 1995 —(a) a community based order with at least a supervision requirement and a programme requirement as primary requirements of the order; or
(b) an intensive supervision order with at least a programme requirement as a primary requirement of the order.
(3) Subsection (2) applies despite the
Sentencing Act 1995 section 39(3) and (4).(4) If the offender is a young person, the court must, instead of or in addition to imposing a fine —
(a) make a youth community based order or an intensive youth supervision order under the
Young Offenders Act 1994 ; and(b) impose at least attendance conditions and supervision conditions on the offender.
(5) Subsection (4) applies —
(a) subject to sections 50, 50A and 50B of the
Young Offenders Act 1994 ; and(b) despite section 74 of that Act.
(6) Subsections (2) and (4) do not apply if the court imposes a custodial sentence on the offender.
(1) This section applies if this Act requires a court sentencing a person for an offence to disqualify the offender from holding or obtaining a WA marine qualification for —
(a) a specified period, or permanently, in relation to the offence; or
(b) a period not less than a specified minimum period in relation to the offence; or
(c) a period not less than a specified minimum period, and no more than a specified maximum period, in relation to the offence.
(2) Regardless of any sentence the court imposes on the offender for the offence, the court —
(a) must disqualify the offender for the specified period, or at least the specified minimum period and more than the specified maximum period; and
(b) cannot reduce the period of disqualification other than by the period the offender was disqualified by a disqualification notice given to the offender under section 124GA in relation to the offence.
(3) Without limiting subsection (2)(b), the specified period of disqualification cannot be reduced in mitigation.
(4) This section applies despite any other written law.
Without limiting the
(1) All documents whatever purporting to be issued or written under this Act by or under the direction of or with the authority of the Minister, the Department or the chief executive officer and purporting to be signed by a person acting with the authority of the Minister, the Department or the chief executive officer, as the case may be, shall be admissible as evidence and be deemed, on production by any person, to have been so written and so signed until evidence to the contrary is shown.
(2) In this section,
document includes certificate, permit, licence, exemption, dispensation, and register.(3) A document required by or under this Act to be executed in the presence of or attested by a witness may be proved by the evidence of any person who is able to bear witness to the facts of execution or attestation without calling any attesting witness.
A prosecution for an offence under this Act or any subsidiary legislation under this Act must be commenced within 3 years after the date on which the offence was allegedly committed.
(1) Where a document is by this Act declared to be admissible in evidence, it shall, on production from the proper custody, be admissible in evidence in any court, or before any person having by law or consent of parties authority to receive evidence, and, subject to all just exceptions, shall be evidence of the matters stated therein in pursuance of this Act or in pursuance of any duty under this Act.
(2) A copy of, or extract from, any such document shall also be admissible in evidence if —
(a) it is proved to be an examined copy or extract; or
(b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted,
and that officer shall, upon payment of the prescribed fee, furnish a copy or extract so certified to any person applying for it.
(3) The provisions of this section shall be without prejudice to those of the
Evidence Act 1906 .
(1) Service of any summons or other process in any legal proceeding under this Act shall be deemed good service if made —
(a) personally on the person to be served; or
(b) at the person’s last known place of abode or business; or
(c) on board any vessel to which the person belongs and accompanied with a statement of the purport thereof, to the person being or appearing to be the master of the vessel.
(2) In subsection (1) —
In a prosecution under this Act, an averment in the charge as to 1 of the following matters is, in the absence of evidence to the contrary, sufficient evidence of the matter —
(a) that a person is, or was at a specified time, the owner, master or operator of a specified vessel;
(b) that a specified vessel is, or was at a specified time, a domestic commercial vessel, a pleasure vessel or a prescribed vessel;
(c) that a specified vessel is not, or was not at a specified time, exempt from a specified provision of this Act;
(d) that a specified vessel is, or was at a specified time, registered or licensed or required to be registered or licensed under an Act;
(e) that a vessel is or was in or used in navigable waters.
In a prosecution under this Act relating to the crewing of a vessel, an averment in the charge that a person is or was, or is not or was not, the holder of a particular certificate or qualification or a particular class of certificate or qualification is sufficient evidence of that fact in the absence of evidence to the contrary.
For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either —
(a) in the place in which it actually was committed or arose; or
(b) in any place in which the offender or person complained against is.
(1) An authorised person who believes on reasonable grounds that a person has committed an offence under this Act, in respect of which offence a modified penalty is prescribed, may serve, by personal delivery to the person or by posting to him at his address ascertained from him at or about the time that offence is believed to have been committed, a notice (an
infringement notice ) in the prescribed form informing the person that if he does not wish to be prosecuted for the alleged offence in a court he may pay to a designated officer, not being a designated officer who is the authorised person serving that notice, within a period of 28 days after the date of service of that notice, the amount of the modified penalty.(2) If the alleged offence was allegedly committed in connection with a vessel, an authorised person may —
(a) if the identity of the alleged offender is not known and cannot immediately be ascertained — address the infringement notice concerned to, and serve it on, the owner of the vessel concerned within a period of 30 days after the date on which the alleged offence is believed to have been committed; or
(b) if the identity of the alleged offender is not known and cannot immediately be ascertained and the identity of the owner of the vessel is not known and cannot be ascertained after reasonable enquiry — address the infringement notice concerned to the owner of that vessel, without naming him or stating his address, and serve that infringement notice by attaching it to that vessel or by leaving it in or on the vessel within the period referred to in paragraph (a).
(3) When, under subsection (2) an infringement notice is addressed to and served on the owner of a vessel within the period referred to in paragraph (a) of that subsection or addressed to the owner of a vessel and served by attaching it to the vessel or leaving it in or on the vessel within that period, then, unless within a period of 21 days after the date of service of the infringement notice —
(a) the modified penalty concerned is paid; or
(b) the owner of the vessel —
(i) informs an authorised person of the identity and address of the person who was in charge of the vessel; or
(ii) satisfies an authorised person that the vessel had been stolen or unlawfully taken, or was being unlawfully used,
at the time when the alleged offence is believed to have been committed,
the owner of the vessel is, in the absence of proof to the contrary, deemed to be the person who was in charge of the vessel at the time when the alleged offence is believed to have been committed.
(4) A person on whom an infringement notice is served —
(a) may decline; or
(b) if he fails to pay the modified penalty concerned within a period of 21 days after the date of that service, is deemed to have declined,
to be dealt with under the provisions of this section.
(5) An authorised person may, whether or not the modified penalty concerned has been paid, withdraw an infringement notice at any time within a period of 28 days after it is served by sending to the alleged offender a notice in the prescribed form signed by the authorised person and advising the alleged offender that the infringement notice has been withdrawn.
(5A) An authorised person may not withdraw an infringement notice under subsection (5) if the authorised person served the infringement notice.
(6) The amount of any modified penalty paid pursuant to an infringement notice which has been withdrawn under subsection (5) shall be refunded.
(7) When a modified penalty has been paid pursuant to an infringement notice and the infringement notice has not been withdrawn under subsection (5), proceedings shall not be brought against any person in respect of the alleged offence specified in the infringement notice.
(8) A person, other than the owner or person in charge of a vessel in respect of which an alleged offence is believed to have been committed, shall not remove an infringement notice relating to the alleged offence attached to or left in or on that vessel by an authorised person.
Penalty for this subsection: a fine of $2 000.
(9) An infringement notice served under subsection (2) shall contain,
inter alia , a short statement of the effect of subsection (3).(10) The Minister may by notice published in the
Gazette designate a public service officer or class of public service officer, within the meaning of thePublic Sector Management Act 1994 , to receive payment of the amounts of modified penalties.(11) In this section, unless the context otherwise requires —
(12) In subsection (3) —
(1) Any owner of a vessel and any person to whom for the time being the possession or control of a vessel may be entrusted shall, if required by an authorised person, give to the authorised person any information —
(a) which it is in the owner’s or other person’s power to give; and
(b) which may lead to the identification of the person who was in charge of the vessel at the time when an offence under this Act is alleged to have been committed.
Penalty for this subsection: a fine of $3 000.
(2) When an offence under this Act is alleged to have been committed in connection with a vessel and the identity of the person who was in charge of the vessel in respect of which that allegation is made is not known and cannot immediately be ascertained, an authorised person may, within a period of 30 days after the date on which that offence is alleged to have been committed, serve on the owner of that vessel a notice in the prescribed form containing particulars of that offence and requiring that owner to identify the person who was in charge of that vessel at the time when that offence is alleged to have been committed.
(3) When, under the provisions of subsection (2), notice is served on the owner of a vessel within the period specified in that subsection then, unless within 21 days after the date of the service of the notice that owner —
(a) informs an authorised person of the identity and address of the person who was in charge of the vessel; or
(b) satisfies an authorised person that the vessel had been stolen or unlawfully taken, or was being unlawfully used,
at the time when the offence concerned is alleged to have been committed, that owner is, in the absence of proof to the contrary, deemed to be the person who was in charge of the vessel at the time when that offence is alleged to have been committed.
(4) A notice served under subsection (2) shall contain,
inter alia , a short statement of the effect of subsection (3).(5) In this section —
(a) an inspector; and
(b) in relation to a suspected offence under Part 3A or Part 3B or section 124GS(2) — a police officer;
(1) The
Western Australian Marine Act 1948‑1980 is repealed.(2) Part VIII of the Merchant Shipping Act is repealed.
(3) In this Part,
Merchant Shipping Act means the Imperial Act known as theMerchant Shipping Act 1894 , as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Act, as so amended or otherwise affected in its operation, is part of the law of the State.(4) The right of a shipowner to limit his liability in respect of a claim arising out of an occurrence that took place before the coming into operation of this section is not affected by the repeal of Part VIII of the Merchant Shipping Act by subsection (2) or by the provisions of Divisions 1 and 4 of Part IV of this Act.
(1) An order in effect under section 66(1) immediately before the day on which the
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 50(1) comes into operation has effect on and after that day as if made by the chief executive officer under section 66(1).(2) A notice in effect under section 67(1) immediately before the day on which the
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 51 comes into operation has effect on and after that day as if it were an order under section 67(1).(3) A notice in effect under section 99(2) immediately before the day on which the
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 69 comes into operation has effect on and after that day as if it were an exemption granted under section 115A(1), to the extent not inconsistent with section 115A(1).(4) An exemption in effect under section 99(3) immediately before the day on which the
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 69 comes into operation has effect on and after that day as if it were granted under section 115A(1) or (1A) or both.(5) A certificate in effect under section 118 or 134 immediately before the day on which the
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 79 comes into operation continues to have effect on and after that day as if it were an identity card issued under section 118 on the same terms and conditions as the certificate.(6) An order, notice, exemption or certificate that has effect under this section has effect subject to this Act.
(1) In this section —
(2) The regulations may deal with matters of a transitional, savings or application nature arising in connection with the enactment of the
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 Parts 9 and 10.(3) Transitional regulations cannot be made after the end of the period of 2 years beginning on commencement day.
(4) If transitional regulations provide that a state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than publication day, but not earlier than commencement day, the regulations have effect according to their terms.
(5) If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as to —
(a) affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before publication day; or
(b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day.
(1) In this section —
(2) Despite
The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 59 before repeal day.
(1) In this section —
(a) means a matter or issue of a transitional nature that arises because of the enactment of the
Western Australian Marine Amendment Act 2023 ; and(b) includes a saving or application matter.
(2) Regulations (
transitional regulations ) may do either or both of the following —(a) make any provision that is necessary or convenient for dealing with a transitional matter; or
(b) make any provision that is necessary or convenient in consequence of, or for giving effect to, the enactment of the
Western Australian Marine Amendment Act 2023 .
(3) Transitional regulations may provide that specified provisions of this Act —
(a) do not apply to, or in relation to, a specified matter or thing; or
(b) apply with specified modifications to, or in relation to, a specified matter or thing.
(4) If transitional regulations provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than publication day but not earlier than assent day, the transitional regulations have effect according to their terms.
(5) If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as to —
(a) affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day; or
(b) impose liabilities on a person (other than the State or an authority of the State) in respect of an act done or omission made before publication day.
[s. 76]
ARTICLE I
The Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.
ARTICLE II
For the purpose of the present Convention, unless expressly provided otherwise:
1. “Container” means an article of transport equipment:
(a) of a permanent character and accordingly strong enough to be suitable for repeated use;
(b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading;
(c) designed to be secured and/or readily handled, having corner fittings for these purposes;
(d) of a size such that the area enclosed by the four outer bottom corners is either:
(i) at least 14 sq. m. (150 sq. ft.) or
(ii) at least 7 sq. m. (75 sq. ft.) if it is fitted with top corner fittings;
the term “container” includes neither vehicles nor packaging; however, containers when carried on chassis are included.
2. “Corner fittings” means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.
3. “Administration” means the Government of a Contracting Party under whose authority containers are approved.
4. “Approved” means approved by the Administration.
5. “Approval” means the decision by an Administration that a design type or a container is safe within the terms of the present Convention.
6. “International transport” means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.
7. “Cargo” means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.
8. “New container” means a container the construction of which was commenced on or after the date of entry into force of the present Convention.
9. “Existing container” means a container which is not a new container.
10. “Owner” means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner’s responsibility for maintenance and examination of the container by such lessee or bailee.
11. “Type of container” means the design type approved by the Administration.
12. “Type‑series container” means any container manufactured in accordance with the approved design type.
13. “Prototype” means a container representative of those manufactured or to be manufactured in a design type series.
14. “Maximum Operating Gross Weight or Rating” or “R” means the maximum allowable combined weight of the container and its cargo.
15. “Tare Weight” means the weight of the empty container including permanently affixed ancillary equipment.
16. “Maximum Permissible Payload” or “P” means the difference between maximum operating gross weight or rating and tare weight.
ARTICLE III
1. The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.
2. Every new container shall be approved either in accordance with the provisions for type‑testing or for individual testing as contained in Annex I.
3. Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within 5 years from the date of entry into force of the present Convention.
ARTICLE IV
1. For the enforcement of the provisions in Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided however that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.
2. An Administration which entrusts such testing, inspection and approval to an organization shall inform the Secretary‑General of the Inter‑Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) for communication to Contracting Parties.
3. Application for approval may be made to the Administration of any Contracting Party.
4. Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.
5. If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.
ARTICLE V
1. Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.
2. A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided however that nothing in the present Convention shall preclude the application of provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term “dangerous goods” shall have that meaning assigned to it by international agreements.
ARTICLE VI
1. Every container which has been approved under article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.
2. Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.
ARTICLE VII
1. The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United Nations or Members of any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.
2. The present Convention is subject to ratification, acceptance or approval by States which have signed it.
3. The present Convention shall remain open for accession by any State referred to in paragraph 1.
4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary‑General of the Organization (hereinafter referred to as “the Secretary‑General”).
ARTICLE VIII
1. The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.
2. For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.
3. Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intention by that State,
(a) be considered as a Party to the Convention as amended; and
(b) be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.
ARTICLE IX
1. The present Convention may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article.
2. Amendment after consideration in the Organization:
(a) Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted by a majority of two‑thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly.
(b) If adopted by a two‑thirds majority of those present and voting in the Assembly, and if such majority includes a two‑thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary‑General to all Contracting Parties for their acceptance.
(c) Such amendment shall come into force twelve months after the date on which it is accepted by two‑thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.
3. Amendment by a Conference:
Upon the request of a Contracting Party, concurred in by at least one‑third of the Contracting Parties, a Conference to which the States referred to in article VII shall be invited will be convened by the Secretary‑General.
ARTICLE X
1. Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.
2. If adopted by a two‑thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two‑thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary‑General to all Contracting Parties for their acceptance.
3. Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless by a prior date determined by the Maritime Safety Committee at the same time, one‑fifth or five of the Contracting Parties, whichever number is less, notify the Secretary‑General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two‑thirds majority of those present and voting, which majority shall include a two‑thirds majority of the Contracting Parties present and voting.
4. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; an objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies.
5. The Secretary‑General shall inform all Contracting Parties and Members of the Organization of any request and communication under this article and the date on which any amendment enters into force.
6. Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a Conference to which the States referred to in article VII shall be invited. Upon receipt of notification of concurrence by at least one‑third of the other Contracting Parties such a Conference shall be convened by the Secretary‑General to consider amendments to the Annexes.
ARTICLE XI
1. Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary‑General. The denunciation shall take effect one year from the date of such deposit with the Secretary‑General.
2. A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment.
ARTICLE XII
The present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months.
ARTICLE XIII
1. Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be the Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the Secretary‑General to appoint an arbitrator or the Chairman of the arbitration tribunal.
2. The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute.
3. The arbitration tribunal shall determine its own rules of procedure.
4. Decisions of the arbitration tribunal, both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote.
5. Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award.
ARTICLE XIV
1. Reservations to the present Convention shall be permitted, excepting those relating to the provision of articles I‑VI, XIII, the present article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary‑General shall communicate such reservations to all States referred to in article VII.
2. Any reservations made in accordance with paragraph 1:
(a) modifies for the Contracting Party which made the reservation the provisions of the present Convention to which the reservation relates to the extent of the reservation; and
(b) modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.
3. Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary‑General.
ARTICLE XV
In addition to the notifications and communications provided for in articles IX, X and XIV, the Secretary‑General shall notify all the States referred to in article VII of the following:
(a) signatures, ratifications, acceptances, approvals and accessions under article VII;
(b) the dates of entry into force of the present Convention in accordance with article VIII;
(c) the date of entry into force of amendments to the present Convention in accordance with articles IX and X;
(d) denunciations under article XI;
(e) the termination of the present Convention under article XII.
ARTICLE XVI
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary‑General, who shall communicate certified true copies to all States referred to in article VII.
ANNEX I
CHAPTER I — REGULATIONS COMMON TO ALL SYSTEMS OF APPROVAL
1. A Safety Approval Plate conforming to the specifications set out in the Appendix to this Annex shall be permanently affixed to every approved container at a readily visible place, adjacent to any other approval plate issued for official purposes, where it would not be easily damaged.
(a) 2. The Plate shall contain the following information in at least the English or French language:
“CSC SAFETY APPROVAL”
Country of approval and approval reference
Date (month and year) of manufacture
Manufacturer’s identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration
Maximum operating gross weight (kilogrammes and lbs)
Allowable stacking weight for 1.8 g (kilogrammes and lbs)
Transverse racking test load value (kilogrammes and lbs).
(b) A blank space should be reserved on the Plate for insertion of end‑wall and/or side‑wall strength values (factors) in accordance with paragraph 3 of this Regulation and Annex II, tests 6 and 7. A blank space should also be reserved on the Plate for the first and subsequent maintenance examination dates (month and year) when used.
3. Where the Administration considers that a new container satisfies the requirements of the present Convention in respect of safety and if, for such container, the end‑wall and/or side‑wall strength values (factors) are designed to be greater or less than those stipulated in Annex II, such values shall be indicated on the Safety Approval Plate.
4. The presence of the Safety Approval Plate does not remove the necessity of displaying such labels or other information as may be required by other regulations which may be in force.
1. The owner of the container shall be responsible for maintaining it in safe condition.
2. The owner of an approved container shall examine the container or have it examined in accordance with the procedure either prescribed or approved by the Contracting Party concerned, at intervals appropriate to operating conditions. The date (month and year) before which a new container shall undergo its first examination shall be marked on the Safety Approval Plate.
3. The date (month and year) before which the container shall be re‑examined shall be clearly marked on the container on or as close as practicable to the Safety Approval Plate and in a manner acceptable to that Contracting Party which prescribed or approved the particular maintenance procedure involved.
4. The interval from the date of manufacture to the date of the first examination shall not exceed five years. Subsequent examination of new containers and re‑examination of existing containers shall be at intervals of not more than 24 months. All examinations shall determine whether the container has any defects which could place any person in danger.
5. For the purpose of this Regulation “the Contracting Party concerned” is the Contracting Party of the territory in which the owner is domiciled or has his head office.
CHAPTER II — REGULATIONS FOR APPROVAL OF NEW CONTAINERS BY DESIGN TYPE
To qualify for approval for safety purposes under the present Convention all new containers shall comply with the requirements set out in Annex II.
In the case of containers for which an application for approval has been submitted, the Administration will examine designs and witness testing of a prototype container to ensure that the containers will conform with the requirements set out in Annex II. When satisfied, the Administration shall notify the applicant in writing that the container meets the requirements of the present Convention and this notification shall entitle the manufacturer to affix the Safety Approval Plate to every container of the design type series.
1. Where the containers are to be manufactured by design type series, application made to an Administration for approval by design type shall be accompanied by drawings, a design specification of the type of container to be approved and such other data as may be required by the Administration.
2. The applicant shall state the identification symbols which will be assigned by the manufacturer to the type of container to which the application for approval relates.
3. The application shall also be accompanied by an assurance from the manufacturer that he will:
(a) produce to the Administration such containers of the design type concerned as the Administration may wish to examine;
(b) advise the Administration of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container.
(c) affix the Safety Approval Plate to each container in the design type series and to no others;
(d) keep a record of containers manufactured to the approved design type. This record shall at least contain the manufacturer’s identification numbers, dates of delivery and names and addresses of customers to whom the containers are delivered.
4. Approval may be granted by the Administration to containers manufactured as modifications of an approved design type if the Administration is satisfied that the modifications do not affect the validity of tests conducted in the course of design type approval.
5. The Administration shall not confer on a manufacturer authority to affix Safety Approval Plates on the basis of design type approval unless satisfied that the manufacturer has instituted internal production‑control features to ensure that the containers produced will conform to the approved prototype.
In order to ensure that containers of the same design type series are manufactured to the approved design, the Administration shall examine or test as many units as it considers necessary, at any stage during production of the design type series concerned.
The manufacturer shall notify the Administration prior to commencement of production of each new series of containers to be manufactured in accordance with an approved design type.
CHAPTER III — REGULATIONS FOR APPROVAL OF NEW CONTAINERS BY INDIVIDUAL APPROVAL
Approval of individual containers may be granted where the Administration, after examination and witnessing of tests, is satisfied that the container meets the requirements of the present Convention; the Administration, when so satisfied, shall notify the applicant in writing of approval and this notification shall entitle him to affix the Safety Approval Plate to such container.
CHAPTER IV — REGULATIONS FOR APPROVAL OF EXISTING CONTAINERS
1. If, within 5 years from the date of entry into force of the present Convention, the owner of an existing container presents the following information to an Administration:
(a) date and place of manufacture;
(b) manufacturer’s identification number of the container if available;
(c) maximum operating gross weight capability;
(d) (i) evidence that a container of this type has been safely operated in maritime and/or inland transport for a period of at least 2 years, or
(ii) evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end‑wall and side‑wall strength tests, or
(iii) evidence that the container was constructed to standards which, in the opinion of the Administration, were equivalent to the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end‑wall and side‑wall strength tests;
(e) allowable stacking weight for 1.8 g (kilogrammes and lbs); and
(f) such other data as required for the Safety Approval Plate,
then the Administration, after investigation, shall notify the owner in writing whether approval is granted; and if so, this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2.
2. Existing containers which do not qualify for approval under paragraph 1 of this Regulation may be presented for approval under the provisions of Chapter II or Chapter III of this Annex. For such containers the requirements of Annex II relating to end‑wall and/or side‑wall strength tests shall not apply. The Administration may, if it is satisfied that the containers in question have been in service, waive such of the requirements in respect of presentation of drawings and testing, other than the lifting and floor‑strength tests, as it may deem appropriate.
APPENDIX
The Safety Approval Plate, conforming to the model reproduced below, shall take the form of a permanent, non‑corrosive, fire‑proof rectangular plate measuring not less than 200 mm by 100 mm. The words “CSC Safety Approval” of a minimum letter height of 8 mm and all other words and numbers of a minimum height of 5 mm shall be stamped into, embossed on or indicated on the surface of the Plate in any other permanent and legible way.
CSC SAFETY APPROVAL 1. .. .. .. . [GB ‑ L/749/2/7/75] 2. .. .. .. . DATE MANUFACTURED. .. .. .. .. .. .. .. .. .. .. .. .. .. . 3. .. .. .. . IDENTIFICATION No.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . 4. .. .. .. . MAXIMUM GROSS WEIGHT.. .. . . .. kg . .. .. .. .. .. . lb 5. .. .. .. . ALLOWABLE STACKING WEIGHT. .. FOR 1.8 g. .kg. . lb 6. .. .. .. . RACKING TEST LOAD VALUE. .. .. .. . kg. .. .. .. .. .. lb 7. .. .. .. . 8. .. .. .. . 9. .. .. .. . | |
≥ 200 mm | |
1. Country of Approval and Approval Reference as given in the example on line 1. (The country of Approval should be indicated by means of the distinguishing sign used to indicate country of registration of motor vehicles in international road traffic).
2. Date (month and year) of manufacture.
3. Manufacturer’s identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration.
4. Maximum Operating Gross Weight (kilogrammes and lbs.).
5. Allowable Stacking Weight for 1.8 g (kilogrammes and lbs.).
6. Transverse Racking Test Load Value (kilogrammes and lbs.).
7. End Wall Strength to be indicated on plate only if end walls are designed to withstand a load of less or greater than 0.4 times the maximum permissible payload, i.e. 0.4 P.
8. Side Wall Strength to be indicated on plate only if the side walls are designed to withstand a load of less or greater than 0.6 times the maximum permissible payload, i.e. 0.6 P.
9. First maintenance examination date (month and year) for new containers and subsequent maintenance examination dates (month and year) if Plate used for this purpose.
ANNEX II
STRUCTURAL SAFETY REQUIREMENTS AND TESTS
In setting the requirements of this Annex, it is implicit that in all phases of the operation of containers the forces as a result of motion, location, stacking and weight of the loaded container and external forces will not exceed the design strength of the container. In particular, the following assumptions have been made:
(a) the container will so be restrained that it is not subjected to forces in excess of those for which it has been designed;
(b) the container will have its cargo stowed in accordance with the recommended practices of the trade so that the cargo does not impose upon the container forces in excess of those for which it has been designed.
1. A container made from any suitable material which satisfactorily performs the following tests without sustaining any permanent deformation or abnormality which would render it incapable of being used for its designed purpose shall be considered safe.
2. The dimensions, positioning and associated tolerances of corner fittings shall be checked having regard to the lifting and securing systems in which they will function.
3. When containers are provided with special fittings for use only when such containers are empty, this restriction shall be marked on the container.
Where appropriate to the design of the container, the following test loads and test procedures shall be applied to all kinds of containers under test:
1. LIFTING The container, having the prescribed INTERNAL LOADING, shall be lifted in such a way that no significant acceleration forces are applied. Alter lifting, the container shall be suspended or supported for five minutes and then lowered to the ground. | ||
Internal loading: | (i) Lifting from top corner fittings: | |
A uniformly distributed load such that the combined weight of container and test load is equal to 2R. | Containers greater than 3,000 mm (10 ft.) (nominal) in length shall have lifting forces applied vertically at all four top corner fittings. | |
Containers of 3,000 mm (10 ft.) (nominal) in length or less shall have lifting forces applied at all four top corner fittings, in such a way that the angle between each lifting device and the vertical shall be 30°. | ||
Externally applied forces: | (ii) Lifting from bottom corner fittings: | |
Such as to lift the combined weight of 2R in the manner prescribed (under the heading TEST PROCEDURES). | Containers shall have lifting forces applied in such a manner that the lifting devices bear on the bottom corner fittings only. The lifting forces shall be applied at angles to the horizontal of: | |
30° for containers of length 12,000 mm (40 ft.) (nominal) or greater; | ||
37° for containers of length 9,000 mm (30 ft.) (nominal) and up to but not including 12,000 mm (40 ft.) (nominal), | ||
45° for containers of length 6,000 mm (20 ft.) (nominal) and up to but not including 9,000 mm (30 ft.) (nominal), | ||
60° for containers of less than 6,000 mm (20 ft.) (nominal). | ||
Internal loading: | (i) Lifting from fork lift pockets: | |
A uniformly distributed load such that the combined weight of container and test load is equal to 1.25 R. Externally applied forces: Such as to lift the combined weight of 1.25 R in the manner prescribed (under the heading TEST PROCEDURES). | The container shall be placed on bars which are in the same horizontal plane, one bar centred within each fork lift pocket which is used for lifting the loaded container. The bars shall be of the same width as the forks intended to be used in the handling, and shall project into the fork pocket 75 per cent of the length of the fork pocket. | |
Internal loading: | (ii) Lifting from grappler arm positions: | |
A uniformly distributed load such that the combined weight of containers and test load is equal to 1.25 R. | The container shall be placed on pads in the same horizontal plane, one under each grappler arm position. These pads shall be of the same sizes as the lifting area of the grappler arms intended to be used. | |
Externally applied forces: | ||
Such as to lift the combined weight of 1.25 R, in the manner prescribed (under the heading TEST PROCEDURES). | ||
(iii) Other Methods Where containers are designed to be lifted in the loaded condition by any method not mentioned in (A) or (B)(i) and (ii) they shall also be tested with the INTERNAL LOADING AND EXTERNALLY APPLIED FORCES representative of the acceleration conditions appropriate to that method. | ||
2. STACKING 1. For conditions of international transport where the maximum vertical acceleration forces vary significantly from 1.8 g and when the container is reliably and effectively limited to such conditions of transport, the stacking load may be varied by the appropriate ratio of acceleration forces. 2. On successful completion of this test the container may be rated for the allowable superimposed static stacking weight which should be indicated on the Safety Approval Plate against the heading “Allowable stacking weight for 1.8 g (kilogrammes and lbs)”. | ||
Internal loading: | ||
A uniformly distributed load such that the combined weight of container and test load is equal to 1.8 R. | The container, having the prescribed INTERNAL LOADING, shall be placed on four level pads which are in turn supported on a rigid horizontal surface, one under each bottom corner fitting or equivalent corner structure. The pads shall be centralized under the fittings and shall be of approximately the same plane dimensions as the fittings. | |
Externally applied force: | ||
Such as to subject each of the four top corner fittings to a vertical downward force equal to ¼ x 1.8 x the allowable superimposed static stacking weight. | Each EXTERNALLY APPLIED FORCE shall be applied to each of the corner fittings through a corresponding test corner fitting or through a pad of the same plane dimensions. The test corner fitting or pad shall be offset with respect to the top corner fitting of the container by 25 mm (1 in.) laterally and 38 mm (1½ in.) longitudinally. | |
3. CONCENTRATED LOADS | ||
Internal loading: | ||
None. | ||
Externally applied forces: | ||
A concentrated load of 300 kg (660 lb.) uniformly distributed over an area of 600 mm x 300 mm (24 in. x 12 in.). | The EXTERNALLY APPLIED FORCES shall be applied vertically downwards to the outer surface of the weakest area of the roof of the container. | |
Internal loading: | ||
Two concentrated loads each of 2,730 kg (6,000 lb.) and each applied to the container floor through a contact area of 142 cm | The test should be made with the container resting on four level supports under its four bottom corners in such a manner that the base structure of the container is free to deflect. | |
A testing device loaded to a weight of 5,460 kg (12,000 lb.) that is 2,730 kg (6,000 lb.) on each of two surfaces having, when loaded, a total contact area of 284 cm | ||
Externally applied forces: | ||
None. | ||
4. TRANSVERSE RACKING | ||
Internal loading: | ||
None. | The container in tare condition shall be placed on four level supports one under each bottom corner and shall be restrained against lateral and vertical movement by means of anchor devices so arranged that the lateral restraint is provided only at the bottom corners diagonally opposite to those at which the forces are applied. | |
Externally applied forces: | ||
Such as to rack the end structures of the container sideways. The forces shall be equal to those for which the container was designed. | The EXTERNALLY APPLIED FORCES shall be applied either separately or simultaneously to each of the top corner fittings on one side of the container in lines parallel both to the base and to the planes of the ends of the container. The forces shall be applied first towards and then away from the top corner fittings. In the case of containers in which each end is symmetrical about its own vertical centreline, one side only need be tested, but both sides of containers with asymmetric ends shall be tested. | |
5. LONGITUDINAL RESTRAINT (STATIC TEST) When designing and constructing containers, it must be borne in mind that containers, when carried by inland modes of transport may sustain accelerations of 2 g applied horizontally in a longitudinal direction. | ||
Internal loading: | ||
A uniformly distributed load, such that the combined weight of a container and test load is equal to the maximum operating gross weight or rating, R. | The container having the prescribed INTERNAL LOADING shall be restrained longitudinally by securing the two bottom corner fittings or equivalent corner structures at one end to suitable anchor points. | |
Externally applied forces: | ||
Such as to subject each side of the container to longitudinal compressive and tensile forces of magnitude R, that is, a combined force of 2R on the base of the container as a whole. | The EXTERNALLY APPLIED FORCES shall be applied first towards and then away from the anchor points. Each side of the container shall be tested. | |
6. END‑WALLS The end‑walls should be capable of withstanding a load of not less than 0.4 times the maximum permissible payload. If, however, the end‑walls are designed to withstand a load of less or greater than 0.4 times the maximum permissible payload such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1. | ||
Internal loading: | ||
Such as to subject the inside of an end‑wall to a uniformly distributed load of 0.4 P or such other load for which the container may be designed. | The prescribed INTERNAL LOADING shall be applied as follows: Both ends of a container shall be tested except where the ends are identical only one end need be tested. The end‑walls of containers which do not have open sides or side doors may be tested separately or simultaneously. | |
The end‑walls of containers which do have open sides or side doors should be tested separately. When the ends are tested separately the reactions to the forces applied to the end‑wall shall be confined to the base structure of the container. | ||
Externally applied forces: | ||
None. | ||
7. SIDE‑WALLS The side‑walls should be capable of withstanding a load of not less than 0.6 times the maximum permissible payload. If, however, the side‑walls are designed to withstand a load of less or greater than 0.6 times the maximum permissible payload, such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1. | ||
Internal loading: | ||
Such as to subject the inside of a side‑wall to a uniformly distributed load of 0.6 P or such other load for which the container may be designed. | The prescribed INTERNAL LOADING shall be applied as follows: Both sides of a container shall be tested except where the sides are identical only one side need be tested. Side‑walls shall be tested separately and the reactions to the internal loading shall be confined to the corner fittings or equivalent corner structures. Open topped containers shall be tested in the condition in which they are designed to be operated, for example, with removable top members in position. | |
Externally applied forces: | ||
None. | ||
[s. 76]
The High Contracting Parties,
Having recognised the desirability of determining by agreement certain uniform rules relating to the limitation of the liability of owners of sea‑going ships;
Have decided to conclude a Convention for this purpose, and thereto have agreed as follows:
ARTICLE 1
(1) The owner of a sea‑going ship may limit his liability in accordance with Article 3 of this Convention in respect of claims arising from any of the following occurrences, unless the occurrence giving rise to the claim resulted from the actual fault or privity of the owner:
( a ) loss of life of, or personal injury to, any person being carried in the ship, and loss of, or damage to, any property on board the ship;( b ) loss of life of, or personal injury to, any other person, whether on land or on water, loss of or damage to any other property or infringement of any rights caused by the act, neglect or default of any person on board the ship for whose act, neglect or default the owner is responsible or any person not on board the ship for whose act, neglect or default the owner is responsible: Provided however that in regard to the act, neglect or default of this last class of person, the owner shall only be entitled to limit his liability when the act, neglect or default is one which occurs in the navigation or the management of the ship or in the loading, carriage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers;( c ) any obligation or liability imposed by any law relating to the removal of wreck and arising from or in connection with the raising, removal or destruction of any ship which is sunk, stranded or abandoned (including anything which may be on board such ship) and any obligation or liability arising out of damage caused to harbour works, basins and navigable waterways.
(2) In the present Convention the expression “personal claims” means claims resulting from loss of life and personal injury; the expression “property claims” means all other claims set out in paragraph (1) of this Article.
(3) An owner shall be entitled to limit his liability in the cases set out in paragraph (1) of this Article even in cases where his liability arises, without proof of negligence on the part of the owner or of persons for whose conduct he is responsible, by reason of his ownership, possession, custody or control of the ship.
(4) Nothing in this Article shall apply:
( a ) to claims for salvage or to claims for contribution in general average;( b ) to claims by the Master, by members of the crew, by any servants of the owner on board the ship or by servants of the owner whose duties are connected with the ship, including the claims of their heirs, personal representatives or dependants, if under the law governing the contract of service between the owner and such servants the owner is not entitled to limit his liability in respect of such claims or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 3 of this Convention.
(5) If the owner of a ship is entitled to make a claim against a claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.
(6) The question upon whom lies the burden of proving whether or not the occurrence giving rise to the claim resulted from the actual fault or privity of the owner shall be determined by the
(7) The act of invoking limitation of liability shall not constitute an admission of liability.
ARTICLE 2
(1) The limit of liability prescribed by Article 3 of this Convention shall apply to the aggregate of personal claims and property claims which arise on any distinct occasion without regard to any claims which have arisen or may arise on any other distinct occasion.
(2) When the aggregate of the claims which arise on any distinct occasion exceeds the limits of liability provided for by Article 3 the total sum representing such limits of liability may be constituted as one distinct limitation fund.
(3) The fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.
(4) After the fund has been constituted, no claimant against the fund shall be entitled to exercise any right against any other assets of the shipowner in respect of his claim against the fund, if the limitation fund is actually available for the benefit of the claimant.
ARTICLE 3
(1) The amounts to which the owner of a ship may limit his liability under Article 1 shall be:
( a ) where the occurrence has only given rise to property claims an aggregate amount of 1,000 francs for each ton of the ship’s tonnage;( b ) where the occurrence has only given rise to personal claims an aggregate amount of 3,100 francs for each ton of the ship’s tonnage;( c ) where the occurrence has given rise both to personal claims and property claims an aggregate amount of 3,100 francs for each ton of the ship’s tonnage, of which a first portion amounting to 2,100 francs for each ton of the ship’s tonnage shall be exclusively appropriated to the payment of the personal claims and of which a second portion amounting to 1,000 francs for each ton of the ship’s tonnage shall be appropriated to the payment of property claims: Provided however that in cases where the first portion is insufficient to pay the personal claims in full, the unpaid balance of such claims shall rank rateably with the property claims for payment against the second portion of the fund.
(2) In each portion of the limitation fund the distribution among the claimants shall be made in proportion to the amounts of their established claims.
(3) If before the fund is distributed the owner has paid in whole or in part any of the claims set out in Article 1 paragraph (1), he shall
(4) Where the shipowner establishes that he may at a later date be compelled to pay in whole or in part any of the claims set out in Article 1 paragraph (1) the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable the shipowner at such later date to enforce his claim against the fund in the manner set out in the preceding paragraph.
(5) For the purpose of ascertaining the limit of an owner’s liability in accordance with the provisions of this Article the tonnage of a ship of less than 300 tons shall be deemed to be 300 tons.
(6) The franc mentioned in this Article shall be deemed to refer to a unit consisting of sixty‑five and a half milligrams of gold of millesimal fineness nine hundred. The amounts mentioned in paragraph (1) of this Article shall be converted into the national currency of the State in which limitation is sought on the basis of the value of that currency by reference to the unit defined above at the date on which the shipowner shall have constituted the limitation fund, made the payment or given a guarantee which under the law of that State is equivalent to such payment.
(7) For the purpose of this convention tonnage shall be calculated as follows:
— in the case of steamships or other mechanically propelled ships there shall be taken the net tonnage with the addition of the amount deducted from the gross tonnage on account of engine room space for the purpose of ascertaining the net tonnage;
— in the case of all other ships there shall be taken the net tonnage.
ARTICLE 4
Without prejudice to the provisions of Article 3, paragraph (2) of this Convention, the rules relating to the constitution and distribution of the limitation fund, if any, and all rules of procedure shall be governed by the national law of the State in which the fund is constituted.
ARTICLE 5
(1) Whenever a shipowner is entitled to limit his liability under this Convention, and the ship or another ship or other property in the same ownership has been arrested within the jurisdiction of a Contracting State or bail or other security has been given to avoid arrest, the Court or other competent authority of such State may order the release of the ship or other property or of the security given if it is established that the shipowner has already given satisfactory bail or security in a sum equal to the full limit of his liability under this Convention and that the bail or other security so given is actually available for the benefit of the claimant in accordance with his rights.
(2) Where, in circumstances mentioned in paragraph (1) of this Article, bail or other security has already been given:
(a) at the port where the accident giving rise to the claim occurred;
(b) at the first port of call after the accident if the accident did not occur in a port;
(c) at the port of disembarkation or discharge if the claim is a personal claim or relates to damage to cargo;
the court or other competent authority shall order the release of the ship or the bail or other security given, subject to the conditions set forth in paragraph (1) of this Article.
(3) The provisions of paragraphs (1) and (2) of this Article shall apply likewise if the bail or other security already given is in a sum less than the full limit of liability under this Convention: Provided that satisfactory bail or other security is given for the balance.
(4) When the shipowner has given bail or other security in a sum equal to the full limit of his liability under this Convention such bail or other security shall be available for the payment of all claims arising on a distinct occasion and in respect of which the shipowner may limit his liability.
(5) Questions of procedure relating to actions brought under the provisions of this Convention and also the time limit within which such actions shall be brought or prosecuted shall be decided in accordance with the national law of the Contracting State in which the action takes place.
ARTICLE 6
(1) In this Convention the liability of the shipowner includes the liability of the ship herself.
(2) Subject to paragraph (3) of this Article, the provisions of this Convention shall apply to the charterer, manager and operator of the ship, and to the master, members of the crew and other servants of the owner, charterer, manager or operator acting in the course of their employment, in the same way as they apply to an owner himself: Provided that the total limits of liability of the owner and all such other persons in respect of personal claims and property claims arising on a distinct occasion shall not exceed the amounts determined in accordance with Article 3 of this Convention.
(3) When actions are brought against the master or against members of the crew such persons may limit their liability even if the occurrence which gives rise to the claims resulted from the actual fault or privity of one or more of such persons. If, however, the master or member of the crew is at the same time the owner, co‑owner, charterer, manager or operator of the ship the provisions of this paragraph shall only apply where the act, neglect or default in question is an act, neglect or default committed by the person in question in his capacity as master or as member of the crew of the ship.
ARTICLE 7
This Convention shall apply whenever the owner of a ship, or any other person having by virtue of the provisions of Article 6 hereof the same rights as an owner of a ship, limits or seeks to limit his liability before the Court of a Contracting State or seeks to procure the release of a ship or other property arrested or the bail or other security given within the jurisdiction of any such State.
Nevertheless, each Contracting State shall have the right to exclude, wholly or partially, from the benefits of this Convention any non‑Contracting State, or any person who, at the time when he seeks to limit his liability or to secure the release of a ship or other property arrested or the bail or other security in accordance with the provisions of Article 5 hereof, is not ordinarily resident in a Contracting State, or does not have his principal place of business in a Contracting State, or any ship in respect of which limitation of liability or release is sought which does not at the time specified above fly the flag of a Contracting State.
ARTICLE 8
Each Contracting State reserves the right to decide what other classes of ship shall be treated in the same manner as sea‑going ships for the purposes of this Convention.
ARTICLE 9
This Convention shall be open for signature by the States represented at the tenth session of the Diplomatic Conference on Maritime Law.
ARTICLE 10
This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Government which shall notify through diplomatic channels all signatory and acceding States of their deposit.
ARTICLE 11
(1) This Convention shall come into force six months after the date of deposit of at least ten instruments of ratification, of which at least five shall have been deposited by States that have each a tonnage equal or superior to one million gross tons of tonnage.
(2) For each signatory State which ratifies the Convention after the date of deposit of the instrument of ratification determining the coming into force such as is stipulated in paragraph (1) of this Article, this Convention shall come into force six months after the deposit of their instrument of ratification.
ARTICLE 12
Any State not represented at the tenth session of the Diplomatic Conference on Maritime Law may accede to this Convention.
The instruments of accession shall be deposited with the Belgian Government which shall inform through diplomatic channels all signatory and acceding States of the deposit of any such instruments.
The Convention shall come into force in respect of the acceding State six months after the date of the deposit of the instrument of accession of that State, but not before the date of entry into force of the Convention as established by Article 11(1).
ARTICLE 13
Each High Contracting Party shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such High Contracting Party. Nevertheless, this denunciation shall only take effect one year after the date on which notification thereof has been received by the Belgian Government which shall inform through diplomatic channels all signatory and acceding States of such notification.
ARTICLE 14
(1) Any High Contracting Party may at the time of its ratification of or accession to this Convention or at any time thereafter declare by written notification to the Belgian Government that the Convention shall extend to any of the territories for whose international relations it is responsible. The Convention shall six months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming into force of this Convention in respect of such High Contracting Party;
(2) Any High Contracting Party which has made a declaration under paragraph (1) of this Article extending the Convention to any territory for whose international relations it is responsible may at any time thereafter declare by notification given to the Belgian Government that the Convention shall cease to extend to such territory. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government;
(3) The Belgian Government shall inform through diplomatic channels all signatory and acceding States of any notification received by it under this Article.
ARTICLE 15
Any High Contracting Party may three years after the coming into force of this Convention in respect of such High Contracting Party or at any time thereafter request that a Conference be convened in order to consider amendments to this Convention.
Any High Contracting Party proposing to avail itself of this right shall notify the Belgian Government which shall convene the Conference within six months thereafter.
ARTICLE 16
In respect of the relations between States which ratify this Convention or accede to it, this Convention shall replace and abrogate the International Convention for the unification of certain rules concerning the limitation of the liability of the owners of sea‑going ships, signed at Brussels, on the 25th of August 1924.
In Witness whereof the Plenipotentiaries, duly authorized, have signed this Convention.
Done at Brussels, this tenth day of October 1957, in the French and English languages, the two texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies.
PROTOCOL OF SIGNATURE
(1) Any State, at the time of signing, ratifying or acceding to this Convention may make any of the reservations set forth in paragraph (2). No other reservations to this Convention shall be admissible.
(2) The following are the only reservations admissible:
( a ) Reservation of the right to exclude the application of Article 1 paragraph (1)(c).( b ) Reservation of the right to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons.( c ) Reservation of the right to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.
[s. 76]
ARTICLE I
The Parties to the present Convention undertake to give effect to the Rules and other Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, (hereinafter referred to as “the Regulations”) attached hereto.
ARTICLE II
1. The present Convention shall remain open for signature until 1 June 1973 and shall thereafter remain open for accession.
2. States Members of the United Nations, or of any of the Specialized Agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to this Convention by:
(a) signature without reservation as to ratification, acceptance or approval;
(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
(c) accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Inter‑Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) which shall inform the Governments of States that have signed or acceded to the present Convention of the deposit of each instrument and of the date of its deposit.
ARTICLE III
1. The United Nations in cases where they are the administering authority for a territory or any Contracting Party responsible for the international relations of a territory may at any time by notification in writing to the Secretary‑General of the Organization (hereinafter referred to as “the Secretary‑General”), extend the application of this Convention to such a territory.
2. The present Convention shall, upon the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.
3. Any notification made in accordance with paragraph 1 of this Article may be withdrawn in respect of any territory mentioned in that notification and the extension of this Convention to that territory shall cease to apply after one year or such longer period as may be specified at the time of the withdrawal.
4. The Secretary‑General shall inform all Contracting Parties of the notification of any extension or withdrawal of any extension communicated under this Article.
ARTICLE IV
(a) 1. The present Convention shall enter into force twelve months after the date on which at least 15 States, the aggregate of whose merchant fleets constitutes not less than 65 per cent by number or by tonnage of the world fleet of vessels of 100 gross tons and over have become Parties to it, whichever is achieved first.
(b) Notwithstanding the provisions in sub‑paragraph (a) of this paragraph, the present Convention shall not enter into force before 1 January 1976.
2. Entry into force for States which ratify, accept, approve or accede to this Convention in accordance with Article II after the conditions prescribed in sub‑paragraph 1(a) have been met and before the Convention enters into force, shall be on the date of entry into force of the Convention.
3. Entry into force for States which ratify, accept, approve or accede after the date on which this Convention enters into force, shall be on the date of deposit of an instrument in accordance with Article II.
4. After the date of entry into force of an amendment to this Convention in accordance with paragraph 4 of Article VI, any ratification, acceptance, approval or accession shall apply to the Convention as amended.
5. On the date of entry into force of this Convention, the Regulations replace and abrogate the International Regulations for Preventing Collisions at Sea, 1960.
6. The Secretary‑General shall inform the Governments of States that have signed or acceded to this Convention of the date of its entry into force.
ARTICLE V
1. A Conference for the purpose of revising this Convention or the Regulations or both may be convened by the Organization.
2. The Organization shall convene a Conference of Contracting Parties for the purpose of revising this Convention or the Regulations or both at the request of not less than one‑third of the Contracting Parties.
ARTICLE VI
1. Any amendment to the Regulations proposed by a Contracting Party shall be considered in the Organization at the request of that Party.
2. If adopted by a two‑thirds majority of those present and voting in the Maritime Safety Committee of the Organization, such amendment shall be communicated to all Contracting Parties and Members of the Organization at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate when the amendment is considered by the Assembly.
3. If adopted by a two‑thirds majority of those present and voting in the Assembly, the amendment shall be communicated by the Secretary‑General to all Contracting Parties for their acceptance.
4. Such an amendment shall enter into force on a date to be determined by the Assembly at the time of its adoption unless, by a prior date determined by the Assembly at the same time, more than one‑third of the Contracting Parties notify the Organization of their objection to the amendment. Determination by the Assembly of the dates referred to in this paragraph shall be by a two‑thirds majority of those present and voting.
5. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers.
6. The Secretary‑General shall inform all Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.
ARTICLE VII
1. The present Convention may be denounced by a Contracting Party at any time after the expiry of five years from the date on which the Convention entered into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument with the Organization. The Secretary‑General shall inform all other Contracting Parties of the receipt of the instrument of denunciation and of the date of its deposit.
3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument, after its deposit.
ARTICLE VIII
1. The present Convention and the Regulations shall be deposited with the Organization, and the Secretary‑General shall transmit certified true copies thereof to all Governments of States that have signed this Convention or acceded to it.
2. When the present Convention enters into force, the text shall be transmitted by the Secretary‑General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE IX
The present Convention is established, together with the Regulations, in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.
PART A — GENERAL
RULE 1
(a) These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.
(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.
(c) Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights for fishing vessels engaged in fishing as a fleet. These additional station or signal lights or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light or signal authorized elsewhere under these Rules.
(d) Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.
(e) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound‑signalling appliances, without interfering with the special function of the vessel, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound‑signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect to that vessel.
RULE 2
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
RULE 3
For the purpose of these Rules, except where the context otherwise requires:
(a) The word “vessel” includes every description of water craft, including non‑displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
(b) The term “power‑driven vessel” means any vessel propelled by machinery.
(c) The term “sailing vessel” means any vessel under sail provided that propelling machinery, if fitted, is not being used.
(d) The term “vessel engaged in fishing” means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.
(e) The word “seaplane” includes any aircraft designed to manoeuvre on the water.
(f) The term “vessel not under command” means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.
(g) The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.
The following vessels shall be regarded as vessels restricted in their ability to manoeuvre:
(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;
(ii) a vessel engaged in dredging, surveying or underwater operations;
(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;
(iv) a vessel engaged in the launching or recovery of aircraft;
(v) a vessel engaged in minesweeping operations;
(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.
(h) The term “vessel constrained by her draught” means a power‑driven vessel which because of her draught in relation to the available depth of water is severely restricted in her ability to deviate from the course she is following.
(i) The word “underway” means that a vessel is not at anchor, or made fast to the shore, or aground.
(j) The words “length” and “breadth” of a vessel mean her length overall and greatest breadth.
(k) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.
(l) The term “restricted visibility” means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.
PART B — STEERING AND SAILING RULES
SECTION I — CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY
RULE 4
Rules in this Section apply in any condition of visibility.
RULE 5
Every vessel shall at all times maintain a proper look‑out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
RULE 6
Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.
In determining a safe speed the following factors shall be among those taken into account:
(a) By all vessels:
(i) the state of visibility;
(ii) the traffic density including concentrations of fishing vessels or any other vessels;
(iii) the manoeuvrability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
(iv) at night the presence of background light such as from shore lights or from back scatter of her own lights;
(v) the state of wind, sea and current, and the proximity of navigational hazards;
(vi) the draught in relation to the available depth of water.
(b) Additionally, by vessels with operational radar:
(i) the characteristics, efficiency and limitations of the radar equipment;
(ii) any constraints imposed by the radar range scale in use;
(iii) the effect on radar detection of the sea state, weather and other sources of interference;
(iv) the possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;
(v) the number, location and movement of vessels detected by radar;
(vi) the more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.
RULE 7
(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.
(b) Proper use shall be made of radar equipment if fitted and operational, including long‑range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.
(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.
(d) In determining if risk of collision exists the following considerations shall be among those taken into account:
(i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change;
(ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.
RULE 8
(a) Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.
(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.
(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close‑quarters situation provided that it is made in good time, is substantial and does not result in another close‑quarters situation.
(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.
(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.
RULE 9
(a) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.
(b) A vessel of less than 20 metres in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.
(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.
(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the sound signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.
(i) (e) In a narrow channel or fairway when overtaking can take place only if the vessel to be overtaken has to take action to permit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c)(i). The vessel to be overtaken shall, if in agreement, sound the appropriate signal prescribed in Rule 34(c)(ii) and take steps to permit safe passing. If in doubt she may sound the signals prescribed in Rule 34(d).
(ii) This Rule does not relieve the overtaking vessel of her obligation under Rule 13.
(f) A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in Rule 34(e).
(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.
RULE 10
(a) This Rule applies to traffic separation schemes adopted by the Organization.
(b) A vessel using a traffic separation scheme shall:
(i) proceed in the appropriate traffic lane in the general direction of traffic flow for that lane;
(ii) so far as practicable keep clear of a traffic separation line or separation zone;
(iii) normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from the side shall do so at as small an angle to the general direction of traffic flow as practicable.
(c) A vessel shall so far as practicable avoid crossing traffic lanes, but if obliged to do so shall cross as nearly as practicable at right angles to the general direction of traffic flow.
(d) Inshore traffic zones shall not normally be used by through traffic which can safely use the appropriate traffic lane within the adjacent traffic separation scheme.
(e) A vessel, other than a crossing vessel, shall not normally enter a separation zone or cross a separation line except:
(i) in cases of emergency to avoid immediate danger;
(ii) to engage in fishing within a separation zone.
(f) A vessel navigating in areas near the terminations of traffic separation schemes shall do so with particular caution.
(g) A vessel shall so far as practicable avoid anchoring in a traffic separation scheme or in areas near its terminations.
(h) A vessel not using a traffic separation scheme shall avoid it by as wide a margin as is practicable.
(i) A vessel engaged in fishing shall not impede the passage of any vessel following a traffic lane.
(j) A vessel of less than 20 metres in length or a sailing vessel shall not impede the safe passage of a power‑driven vessel following a traffic lane.
SECTION II — CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER
RULE 11
Rules in this section apply to vessels in sight of one another.
RULE 12
(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:
(i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;
(ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;
(iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.
(b) For the purposes of this Rule the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square‑rigged vessel, the side opposite to that on which the largest fore‑and‑aft sail is carried.
RULE 13
(a) Notwithstanding anything contained in the Rules of this Section any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.
(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.
(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.
RULE 14
(a) When two power‑driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.
(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.
(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.
RULE 15
When two power‑driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.
RULE 16
Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.
RULE 17
(i) (a) Where one of two vessels is to keep out of the way the other shall keep her course and speed.
(ii) The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules.
(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give‑way vessel alone, she shall take such action as will best aid to avoid collision.
(c) A power‑driven vessel which takes action in a crossing situation in accordance with subparagraph (a)(ii) of this Rule to avoid collision with another power‑driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.
(d) This Rule does not relieve the give‑way vessel of her obligation to keep out of the way.
RULE 18
Except where Rules 9, 10 and 13 otherwise require:
(a) A power‑driven vessel underway shall keep out of the way of:
(i) a vessel not under command;
(ii) a vessel restricted in her ability to manoeuvre;
(iii) a vessel engaged in fishing;
(iv) a sailing vessel.
(b) A sailing vessel underway shall keep out of the way of:
(i) a vessel not under command;
(ii) a vessel restricted in her ability to manoeuvre;
(iii) a vessel engaged in fishing.
(c) A vessel engaged in fishing when underway shall, so far as possible, keep of the way of:
(i) a vessel not under command;
(ii) a vessel restricted in her ability to manoeuvre.
(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to manoeuvre shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draught, exhibiting the signals in Rule 28.
(ii) A vessel constrained by her draught shall navigate with particular caution having full regard to her special condition.
(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.
SECTION III — CONDUCT OF VESSELS IN RESTRICTED VISIBILITY
RULE 19
(a) This Rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.
(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power‑driven vessel shall have her engines ready for immediate manoeuvre.
(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with the Rules of Section I of this Part.
(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close‑quarters situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:
(i) an alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;
(ii) an alteration of course towards a vessel abeam or abaft the beam.
(e) Except where it has been determined that a risk of collision does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close‑quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over.
PART C — LIGHTS AND SHAPES
RULE 20
(a) Rules in this Part shall be complied with in all weathers.
(b) The rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look‑out.
(c) The lights prescribed by these Rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.
(d) The Rules concerning shapes shall be complied with by day.
(e) The lights and shapes specified in these Rules shall comply with the provisions of Annex I to these Regulations.
RULE 21
(a) “Masthead light” means a white light placed over the fore and aft centreline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel.
(b) “Sidelights” means a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. In a vessel of less than 20 metres in length the sidelights may be combined in one lantern carried on the fore and aft centreline of the vessel.
(c) “Sternlight” means a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.
(d) “Towing light” means a yellow light having the same characteristics as the “sternlight” defined in paragraph (c) of this Rule.
(e) “All‑round light” means a light showing an unbroken light over an arc of the horizon of 360 degrees.
(f) “Flashing light” means a light flashing at regular intervals at a frequency of 120 flashes or more per minute.
RULE 22
The lights prescribed in these Rules shall have an intensity as specified in Section 8 of Annex I to these Regulations so as to be visible at the following minimum ranges:
(a) In vessels of 50 metres or more in length:
— a masthead light, 6 miles;
— a sidelight, 3 miles;
— a sternlight, 3 miles;
— a towing light, 3 miles;
— a white, red, green or yellow all‑round light, 3 miles.
(b) In vessels of 12 metres or more in length but less than 50 metres in length:
— a masthead light, 5 miles; except that where the length of the vessel is less than 20 metres, 3 miles;
— a sidelight, 2 miles;
— a sternlight, 2 miles;
— a towing light, 2 miles;
— a white, red, green or yellow all‑round light, 2 miles.
(c) In vessels of less than 12 metres in length:
— a masthead light, 2 miles;
— a sidelight, 1 mile;
— a sternlight, 2 miles;
— a towing light, 2 miles;
— a white, red, green or yellow all‑round light, 2 miles.
RULE 23
(a) A power‑driven vessel underway shall exhibit:
(i) a masthead light forward;
(ii) a second masthead light abaft of and higher than the forward one; except that a vessel of less than 50 metres in length shall not be obliged to exhibit such light but may do so;
(iii) sidelights;
(iv) sternlight.
(b) An air‑cushion vessel when operating in the non‑displacement mode shall, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit an all‑round flashing yellow light.
(c) A power‑driven vessel of less than 7 metres in length and whose maximum speed does not exceed 7 knots may, in lieu of the lights prescribed in paragraph (a) of this Rule, exhibit an all‑round white light. Such vessel shall, if practicable, also exhibit sidelights.
RULE 24
(a) A power‑driven vessel when towing shall exhibit:
(i) Instead of the light prescribed in Rule 23(a)(i), two masthead lights forward in a vertical line. When the length of the tow, measuring from the stern of the towing vessel to the after end of the tow exceeds 200 metres, three such lights in a vertical line;
(ii) sidelights;
(iii) a sternlight;
(iv) a towing light in a vertical line above the sternlight;
(v) when the length of the tow exceeds 200 metres, a diamond shape where it can best be seen.
(b) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power‑driven vessel and exhibit the lights prescribed in Rule 23.
(c) A power‑driven vessel when pushing ahead or towing alongside, except in the case of a composite unit, shall exhibit:
(i) Instead of the light prescribed in Rule 23(a)(i), two masthead lights forward in a vertical line;
(ii) sidelights;
(iii) a sternlight.
(d) A power‑driven vessel to which paragraphs (a) and (c) of this Rule apply shall also comply with Rule 23(a)(ii).
(e) A vessel or object being towed shall exhibit:
(i) sidelights;
(ii) a sternlight;
(iii) when the length of the tow exceeds 200 metres, a diamond shape where it can best be seen.
(f) Provided that any number of vessels being towed alongside or pushed in a group shall be lighted as one vessel,
(i) a vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end, sidelights;
(ii) a vessel being towed alongside shall exhibit a sternlight and at the forward end, sidelights.
(g) Where from any sufficient cause it is impracticable for a vessel or object being towed to exhibit the lights prescribed in paragraph (e) of this Rule, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of the unlighted vessel or object.
RULE 25
(a) A sailing vessel underway shall exhibit:
(i) sidelights;
(ii) a sternlight.
(b) In a sailing vessel of less than 12 metres in length the lights prescribed in paragraph (a) of this Rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.
(c) A sailing vessel underway may, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit at or near the top of the mast, where they can best be seen, two all‑round lights in a vertical line, the upper being red and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph (b) of this Rule.
(i) (d) A sailing vessel of less than 7 metres in length shall, if practicable, exhibit the lights prescribed in paragraph (a) or (b) of this Rule, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
(ii) A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downwards.
RULE 26
(a) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this Rule.
(b) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit:
(i) two all‑round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket;
(ii) a masthead light abaft of and higher than the all‑round green light; a vessel of less than 50 metres in length shall not be obliged to exhibit such a light but may do so;
(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.
(c) A vessel engaged in fishing, other than trawling, shall exhibit:
(i) two all‑round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones with apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket;
(ii) when there is outlying gear extending more than 150 metres horizontally from the vessel, an all‑round white light or a cone apex upwards in the direction of the gear;
(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.
(d) A vessel engaged in fishing in close proximity to other vessels engaged in fishing may exhibit the additional signals described in Annex II to these Regulations.
(e) A vessel when not engaged in fishing shall not exhibit the lights or shapes prescribed in this Rule, but only those prescribed for a vessel of her length.
RULE 27
(a) A vessel not under command shall exhibit:
(i) two all‑round red lights in a vertical line where they can best be seen;
(ii) two balls or similar shapes in a vertical line where they can best be seen;
(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.
(b) A vessel restricted in her ability to manoeuvre, except a vessel engaged in minesweeping operations, shall exhibit:
(i) three all‑round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;
(ii) three shapes in a vertical line where they can best be seen. The highest and lowest of these shapes shall be balls and the middle one a diamond;
(iii) when making way through the water, masthead lights, sidelights and a sternlight, in addition to the lights prescribed in sub‑paragraph (i);
(iv) when at anchor, in addition to the lights or shapes prescribed in sub‑paragraph (i) and (ii), the light, lights or shape prescribed in Rule 30.
(c) A vessel engaged in a towing operation such as renders her unable to deviate from her course shall, in addition to the lights or shapes prescribed in sub‑paragraph (b)(i) and (ii) of this Rule, exhibit the lights or shape prescribed in Rule 24(a).
(d) A vessel engaged in dredging or underwater operations, when restricted in her ability to manoeuvre, shall exhibit the lights and shapes prescribed in paragraph (b) of this Rule and shall in addition, when an obstruction exists, exhibit:
(i) two all‑round red lights or two balls in a vertical line to indicate the side on which the obstruction exists;
(ii) two all‑round green lights or two diamonds in a vertical line to indicate the side on which another vessel may pass;
(iii) when making way through the water, in addition to the lights prescribed in this paragraph, masthead lights, sidelights and a sternlight;
(iv) a vessel to which this paragraph applies when at anchor shall exhibit the lights or shapes prescribed in sub‑paragraph (i) and (ii) instead of the lights or shape prescribed in Rule 30.
(e) Whenever the size of a vessel engaged in diving, operations makes it impracticable to exhibit the shapes prescribed in paragraph (d) of this Rule, a rigid replica of the International Code flag “A” not less than 1 metre in height shall be exhibited. Measures shall be taken to ensure all‑round visibility.
(f) A vessel engaged in minesweeping operations shall, in addition to the lights prescribed for a power‑driven vessel in Rule 23, exhibit three all‑round green lights or three balls. One of these lights or shapes shall be exhibited at or near the foremast head and one at each end of the fore yard. These lights or shapes indicate that it is dangerous for another vessel to approach closer than 1,000 metres astern or 500 metres on either side of the minesweeper.
(g) Vessels of less than 7 metres in length shall not be required to exhibit the lights prescribed in this Rule.
(h) The signals prescribed in this Rule are not signals of vessels in distress and requiring assistance. Such signals are contained in Annex IV to these Regulations.
RULE 28
A vessel constrained by her draught may, in addition to the lights prescribed for power‑driven vessels in Rule 23, exhibit where they can best be seen three all‑round red lights in a vertical line, or a cylinder.
RULE 29
(a) A vessel engaged on pilotage duty shall exhibit:
(i) at or near the masthead, two all‑round lights in a vertical line, the upper being white and the lower red;
(ii) when underway, in addition, sidelights and a sternlight;
(iii) when at anchor, in addition to the lights prescribed in sub‑paragraph (i), the anchor light, lights or shape.
(b) A pilot vessel when not engaged on pilotage duty shall exhibit the lights or shapes prescribed for a similar vessel of her length.
RULE 30
(a) A vessel at anchor shall exhibit where it can best be seen:
(i) in the fore part, an all‑round white light or one ball;
(ii) at or near the stern and at a lower level than the light prescribed in sub‑paragraph (i), an all‑round white light.
(b) A vessel of less than 50 metres in length may exhibit an all‑round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule.
(c) A vessel at anchor may, and a vessel of 100 metres and more in length shall, also use the available working or equivalent lights to illuminate her decks.
(d) A vessel aground shall exhibit the lights prescribed in paragraph (a) or (b) of this Rule and in addition, where they can best be seen:
(i) two all‑round red lights in a vertical line;
(ii) three balls in a vertical line.
(e) A vessel of less than 7 metres in length, when at anchor or aground, not in or near a narrow channel, fairway or anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shapes prescribed in paragraphs (a), (b), or (d) of this Rule.
RULE 31
Where it is impracticable for a seaplane to exhibit lights and shapes of the characteristics or in the positions prescribed in the Rules of this Part she shall exhibit lights and shapes as closely similar in characteristics and position as is possible.
PART D — SOUND AND LIGHT SIGNALS
RULE 32
(a) The word “whistle” means any sound signalling appliance capable of producing the prescribed blasts and which complies with the specifications in Annex III to these Regulations.
(b) The term “short blast” means a blast of about one second’s duration.
(c) The term “prolonged blast” means a blast of from four to six seconds’ duration.
RULE 33
(a) A vessel of 12 metres or more in length shall be provided with a whistle and a bell and a vessel of 100 metres or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with the specifications in Annex III to these Regulations. The bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the required signals shall always be possible.
(b) A vessel of less than 12 metres in length shall not be obliged to carry the sound signalling appliances prescribed in paragraph (a) of this Rule but if she does not, she shall be provided with some other means of making an efficient sound signal.
RULE 34
(a) When vessels are in sight of one another, a power‑driven vessel underway, when manoeuvring as authorized or required by these Rules, shall indicate that manoeuvre by the following signals on her whistle:
— one short blast to mean “I am altering my course to starboard”;
— two short blasts to mean “I am altering my course to port”;
— three short blasts to mean “I am operating astern propulsion”.
(b) Any vessel may supplement the whistle signals prescribed in paragraph (a) of this Rule by light signals, repeated as appropriate, whilst the manoeuvre is being carried out:
(i) these light signals shall have the following significance:
— one flash to mean “I am altering my course to starboard”;
— two flashes to mean “I am altering my course to port”;
— three flashes to mean “I am operating astern propulsion”;
(ii) the duration of each flash shall be about one second, the interval between flashes shall be about one second, and the interval between successive signals shall be not less than ten seconds;
(iii) the light used for this signal shall, if fitted, be an all‑round white light, visible at a minimum range of 5 miles, and shall comply with the provisions of Annex I.
(c) When in sight of one another in a narrow channel or fairway:
(i) a vessel intending to overtake another shall in compliance with Rule 9(e)(i) indicate her intention by the following signals on her whistle:
— two prolonged blasts followed by one short blast to mean “I intend to overtake you on your starboard side”;
— two prolonged blasts followed by two short blasts to mean “I intend to overtake you on your port side”;
(ii) the vessel about to be overtaken when acting in accordance with Rule 9(e)(i) shall indicate her agreement by the following signal on her whistle:
— one prolonged, one short, one prolonged and one short blast, in that order.
(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least five short and rapid flashes.
(e) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. Such signal shall be answered with a prolonged blast by any approaching vessel that, may be within hearing around the bend or behind the intervening obstruction.
(f) If whistles are fitted on a vessel at a distance apart of more than 100 metres, one whistle only shall be used for giving manoeuvring and warning signals.
RULE 35
In or near an area of restricted visibility, whether by day or night, the signals prescribed in this Rule shall be used as follows:
(a) A power‑driven vessel making way through the water shall sound at intervals of not more than 2 minutes one prolonged blast.
(b) A power‑driven vessel underway but stopped and making no way through the water shall sound at intervals of not more than 2 minutes two prolonged blasts in succession with an interval of about 2 seconds between them.
(c) A vessel not under command, a vessel restricted in her ability to manoeuvre, a vessel constrained by her draught, a sailing vessel, a vessel engaged in fishing and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in paragraphs (a) or (b) of this Rule, sound at intervals of not more than 2 minutes three blasts in succession, namely one prolonged followed by two short blasts.
(d) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than 2 minutes sound four blasts in succession, namely one prolonged followed by three short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.
(e) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power‑driven vessel and shall give the signals prescribed in paragraphs (a) or (b) of this Rule.
(f) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about 5 seconds. In a vessel of 100 metres or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about 5 seconds in the after part of the vessel. A vessel at anchor may in addition sound three blasts in succession, namely one short, one prolonged and one short blast, to give warning of her position and of the possibility of collision to an approaching vessel.
(g) A vessel aground shall give the bell signal and if required the gong signal prescribed in paragraph (f) of this Rule and shall, in addition, give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.
(h) A vessel of less than 12 metres in length shall not be obliged to give the abovementioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than 2 minutes.
(i) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in paragraphs (a), (b) or (f) of this Rule sound an identity signal consisting of four short blasts.
0
0
0