Western Australian Marine (Infringements) Amendment Regulations 2012 (WA)

9 October 2012 GOVERNMENT GAZETTE, WA 4755

MARINE/MARITIME

MA301*

Western Australian Marine Act 1982

Western Australian Marine (Infringements)

Amendment Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Western Australian Marine
(Infringements) Amendment Regulations 2012.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 November 2012.

3.             Regulations amended

These regulations amend the Western Australian Marine
(Infringements) Regulations 1985.

4.             Regulation 3A inserted

After regulation 2 insert:

3A.	Terms used
In these regulations, unless the contrary intention appears —
Act means the Western Australian Marine Act 1982;
Department means the Department principally assisting the Minister in the administration of the Act.

4756 GOVERNMENT GAZETTE, WA 9 October 2012

5.             Schedule 2 replaced

Delete Schedule 2 and insert:

Schedule 2 — Forms

[r. 4]

1.        Infringement notice

Part 1

Western Australian Marine Act 1982, s. 132(1)	Infringement notice no.:
Infringement notice	Date of service:

TO: 

❒

Surname/

Company name
and ACN
Other names

Address

Date of birth  Male/Female

❒  Tick if this notice is addressed to the above person as
the owner of the vessel described below.

or 

❒

The owner of the vessel described below (whose identity is

TO: 

not known and cannot immediately be ascertained).

Vessel 

Vessel name:	Reg. no.:	Reg. expiry date:
Vessel type:	Length	No. persons onboard:

(metres):

Construction material:  Colour:

Engine type:	Engine make:	Kw/Hp:
❒ Inboard  ❒ Outboard

Alleged	Date	Time
offence	Place
Legislation
Provision
Details of offence
Authorised	Name
person	Authorised
issuing
notice	person no. Signature
9 October 2012	GOVERNMENT GAZETTE, WA	4757

Modified	$_________
penalty
TAKE	It is alleged that you have committed the above offence.
NOTICE	If you do not want to be prosecuted in court for the offence, pay the modified penalty in accordance with Part 2 of this notice within 28 days after the date of service of this notice. If you do not pay the modified penalty within that period, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver’s licence or vehicle licence may be suspended. If this notice is addressed to you as the owner of the vessel described above (whether or not your identity is known), the Western Australian Marine Act 1982 section 132(3) says, in effect, that you are, in the absence of proof to the contrary, deemed to be the person who was in charge of the vessel at the time the above alleged offence is believed to have been committed. This does not apply if within 21 days after the date of service of this notice —

● the modified penalty for the alleged offence is paid;
or

● you —

● inform an authorised person of the identity and address of the person who was in charge of the vessel at the time of the alleged offence; or

● satisfy an authorised person that the vessel had
been stolen or unlawfully taken, or was being
unlawfully used at that time.

Any inquiry you have in relation to this matter is to be made in writing and sent by post to:

[Insert details]

If you want this matter to be dealt with by prosecution in court, you may decline to be dealt with under the Western Australian Marine Act 1982 section 132 by completing the Election to have matter dealt with by a Court section in Part 2 of this notice and posting Part 2 to the designated

officer at the address below.

Part 2 (detachable)

Infringement notice no:________________

Election to	I decline to be dealt with under the Western Australian
have	Marine Act 1982 section 132 and elect to be prosecuted in
matter	Court for the alleged offence.
dealt with	________________________________
by a Court	(Name)
________________________________ ___/___/___
(Signature) (Date)
Detach this Part and send to:
[Insert details of designated officer]

4758 GOVERNMENT GAZETTE, WA 9 October 2012

How to	By post	Tick the relevant box below:
pay	❒ I want to pay the modified penalty. A cheque or money order (payable to [insert

name of designated officer]) for the modified

penalty is enclosed.

❒ I want to pay the modified penalty by
credit card. Please debit my credit card
account.

Card type _____________________________ Cardholder name _______________________ Card number

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]
Expiry date of card _____/_____
Amount $__________

Signature ____________________

Detach this Part and send to:

[Insert details of designated officer]

In person	Pay the cashier at:
[Insert details of designated officer]

2.        Withdrawal of infringement notice

Part 1

Western Australian Marine Act 1982, s. 132(5)

Withdrawal no.:

Withdrawal of infringement notice

Date:

TO: 

Surname/
company name
and ACN
Other names

Address

Infringement 

Infringement

notice 

notice no.
Date of service

Vessel 

Vessel name:	Reg. no.:	Reg. expiry date:
Vessel type:	Length (metres):	No. persons onboard:

Construction material:  Colour:

Engine type:  Engine make: Kw/Hp:

❒ Inboard
❒ Outboard

9 October 2012 GOVERNMENT GAZETTE, WA 4759

Alleged	Date	Time
offence	Place
Legislation
Provision
Details of offence
Authorised	Name
person	Authorised
withdrawing
notice	person no.
Signature

Withdrawal	The above infringement notice issued against you for the
of	above alleged offence has been withdrawn.
infringement	If you have already paid the modified penalty for the
notice	alleged offence, you are entitled to a refund.
[*Delete	* Your refund is enclosed.
whichever is not
applicable]	or
* If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by completing Part 2 of this notice and sending it to the address below.

Part 2 (detachable)

Withdrawal no:________________

Claim for	I claim a refund for the modified penalty paid in
refund	accordance with the infringement notice that was withdrawn by this notice of withdrawal. ________________________________
(Name)
________________________________ ___/___/___
(Signature) (Date)
Detach this Part and send to:
[Insert details of designated officer]

3.        Notice requiring identification of person in charge of vessel

Part 1

Western Australian Marine Act 1982, s. 133(2)	Notice no:
Notice requiring identification of person in
charge of vessel	Date:
TO:	Name
Address

4760 GOVERNMENT GAZETTE, WA 9 October 2012

Vessel	Vessel name:	Reg. no.:	Reg. expiry date:
Vessel type:	Length (metres):	No. persons onboard:

Construction material:  Colour:

Engine type:	Engine make:	Kw/Hp:
❒ Inboard  ❒ Outboard

Alleged	Date	Time
offence	Place
Legislation
Provision
Details of offence

TAKE

You are the registered owner of the vessel described

NOTICE

above. It is alleged that the offence described above was committed while the vessel described above was in charge of a person whose identity is not known and cannot immediately be ascertained. You, as the registered owner, are required to identify the person who was in charge of the vessel at the time when the offence described above is alleged to have been committed. If, within 21 days after the date of service of this notice, you do not —

● inform the Department, by completing Part 2 of

this notice, of the identity and address of the person who was in charge of the vessel described above at the time the offence described above is alleged to

have been committed; or

● satisfy the Department that the vessel described

above had been stolen or unlawfully taken, or was
being unlawfully used, at the time when the offence

described above is alleged to have been committed,

you will, in the absence of proof to the contrary, be
deemed to be the person who was in charge of the vessel
at the time when the offence described above is believed

to have been committed.

Authorised	Name
person issuing	Authorised
notice	person no.
Signature

9 October 2012 GOVERNMENT GAZETTE, WA 4761

Part 2 (detachable)

Notice no. ____________

Identity of	I,
person in	_____________________________________________
charge of	(Name)
vessel	am the registered owner of the vessel described in this notice. At the time the offence described in this notice is alleged to have been committed, the following person was in charge of the vessel.
Name
Address
________________________________ ___/___/___
(Signature of registered owner) (Date)
Detach this section and send to:
[Insert details]

Refer to infringement notice no. ____________

4.        Certificate as to authorised person other than inspector

Certificate as to authorised person other than inspector

Western Australian Marine Act 1982, s. 134(1)

TO WHOM IT MAY CONCERN

___________________________________________________

(Name)

not being an inspector, is an authorised person for the purposes of the

Western Australian Marine Act 1982 sections 132 and 133.

________________________________

Chief Executive Officer

________________________________

(Signature of authorised person)

Appointment no. __________________

By Command of the Governor,

G. MOORE, Clerk of the Executive Council.

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