Act of Parliament assented to - Act No. 43 of 2021

Overview

The Special Recreational Vessels Amendment Act 2021 was enacted to address identified gaps and issues in the regulatory framework surrounding the use and management of special recreational vessels in Australia. The Act was assented to on 10 June 2021 by the Governor-General, acting on behalf of Her Majesty, after receiving approval from both the Senate and the House of Representatives. The aim of this legislation is to amend the existing Special Recreational Vessels Act 2019, thereby enhancing the oversight and safety measures associated with recreational vessels, while ensuring that the recreational boating industry can continue to thrive under an updated and more robust legal framework. This amendment was introduced to better cater to the evolving needs of recreational boating participants and to ensure the safety of individuals using these vessels.

Scope and Application

The Special Recreational Vessels Amendment Act 2021 extends and modifies the provisions of the Special Recreational Vessels Act 2019, applying to recreational vessels that are used for purposes other than purely recreational, such as those engaged in commercial activities. This Act applies to individuals and entities operating recreational vessels that fall within its scope, irrespective of their location within Australia, thereby covering all states and territories. The Act encompasses vessels that exceed certain size and power specifications, targeting those that might otherwise evade stringent regulatory oversight due to their recreational classification. The legislation includes provisions that may be extended or restricted through subordinate instruments, enabling the government to adapt the application of the Act to evolving circumstances and technological advancements. Notably, the Act does not specify any exclusions or exemptions, thus its application is comprehensive within the parameters defined by the principal Act and any subordinate legislation enacted under its authority.

Key Provisions

The main operative sections of the Special Recreational Vessels Amendment Act 2021 (the "Act") focus on updating and clarifying the provisions of the Special Recreational Vessels Act 2019. Section 3 of the Act amends the definition of "special recreational vessel" to include vessels that are not primarily designed for use on the water but can be used as such, such as amphibious vehicles. Section 4 modifies the conditions under which a special recreational vessel can be registered, requiring the owner to provide additional documentation to the relevant authority. Section 5 introduces new regulations governing the insurance requirements for these vessels, ensuring they are adequately covered for both on and off-water use. Section 6 outlines the new licensing requirements for operators of special recreational vessels, which include completing a safety course and passing an assessment. The Act imposes several obligations and requirements on the parties and entities it governs. Vessel owners, as mentioned, must now provide additional documentation when registering their special recreational vessels, ensuring the vessel meets the updated criteria (Section 4). Furthermore, operators of these vessels must complete a safety course and pass an assessment to obtain a valid licence (Section 6). Additionally, the Act requires that these vessels be insured according to the new regulations outlined in Section 5, providing adequate coverage for both on and off-water use. The relevant authorities are tasked with enforcing these new requirements and regulations, ensuring compliance by vessel owners and operators. There are also significant consequences for breach of the provisions within the Act. Section 12 outlines the penalties for non-compliance with the registration requirements. Vessel owners who fail to provide the necessary documentation when registering their vessel may face fines of up to $5,000 or imprisonment for up to six months, or both. Section 13 addresses the penalties for operating a special recreational vessel without the required licence, with offenders facing fines of up to $2,000 or imprisonment for up to three months, or both. Section 14 imposes penalties for inadequate insurance coverage, with offenders facing fines of up to $3,000 or imprisonment for up to six months, or both. These penalties are designed to enforce compliance and maintain safety standards for special recreational vessels in Australia.