Section 11 — Definition — Marine Safety Act 1998 (New South Wales) — Barrister AI

Cases LegislationBeta Notebook Research Briefs

Section 11 — Definition — Marine Safety Act 1998 (New South Wales) — Barrister AI

All legislation

NSWAct

Current

Official source Save

Held text is as at 28 Mar 2026. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →

Ask a question about this ActPro

s 1Name of Act s 2Commencement s 3Objects of Act s 4Definitions s 5Meaning of “vessel”s 6Meaning of vessel “connected with this State”s 7Meaning of “relevant owner” of vessel s 7AMeaning of “person responsible” for vessel or former vessel s 8Vessels and waters to which Act applies s 9Act does not apply to defence vessels s 9AAAct subject to Heritage Act 1977 s 9APurpose of Part s 9BDefinitions s 9CApplication of Commonwealth laws as laws of this State s 9DInterpretation of Commonwealth domestic commercial vessel national law s 9EFunctions and powers of National Regulator and other authorities and officers s 9FDelegations by the National Regulator s 9GObject of this Division s 9HApplication of Commonwealth criminal laws to offences against applied provisions s 9IFunctions and powers conferred on Commonwealth officers and authorities relating to offences s 9JNo double jeopardy for offences against applied provisions s 9KApplication of Commonwealth administrative laws to applied provisions s 9LFunctions and powers conferred on Commonwealth officers and authorities s 9MFees payable to officers or employees of State acting as delegates s 9NInfringement notice fines s 9OFines, fees etc not otherwise payable to State s 9PThings done for multiple purposes s 9QReference in Commonwealth law to a provision of another law s 9RRegulations of this State s 10Regulations for prevention of collisions at sea or in other navigable waters s 11Speed limits, wash limits and other restrictions on operation of vessels in navigable waters s 12(Repealed)s 13Reckless, dangerous or negligent navigation and other acts s 13AOperating vessel in a menacing manner s 14Unreasonable interference by operation or use of vessel s 15Protection of navigation aids s 15APower to give directions relating to safety on navigable waters s 16Obstructions to navigation s 17Minister’s approval required for aquaculture leases over navigable waters s 18Conduct of aquatic activities s 18AConduct of exempt aquatic activities s 18BRestrictions in navigable waters for exclusion zones and other activities or events s 19Regulations relating to safety of navigation s 19ASeizure of vessels s 19BProduction notices s 19CPowers and duties relating to seizure of recreational vessels s 19DRemoval, impounding and production of vessel s 19EFailure to comply with production notice s 19FForfeiture of vessel s 19GCommutation of forfeiture s 19HInterested persons to be notified s 19IRetention of vessel impounded under this Division s 19JEarly release of vessel on application to Local Court s 19KRelease of impounded vessel s 19LSafe keeping of vessels s 19MDisposal of vessels s 19NProtection from liability with respect to impounding and other matters s 19OFailure to prosecute s 19PSearch warrants s 19QAppeal against decisions s 19RProcedure on notice of appeal s 19SProcedure on appeal s 19TRegulations may make provision for appeals and original applications s 19UReferences to vessels include trailers s 19VDefinition s 19WDeclaration of offshore anchorages s 19XDirections to use or leave offshore anchorages s 19YDefinitions s 19ZDisturbance or interference with bed of relevant ports s 19ZARemoval of sea cables from relevant ports s 19ZBDivision subject to Environmental Planning and Assessment Act 1979 s 20Definitions s 21Application of Part and Schedule 1 s 22Prescribed concentrations of alcohol s 23Measurement of alcohol concentrations s 24Presence of prescribed concentration of alcohol in person’s breath or blood s 25Presence of certain drugs (other than alcohol) in oral fluid, blood or urine s 26Operating vessel under influence of alcohol or other drug s 27, 28 s 28ACancellation and suspension of marine safety licences s 28BApplication of section 10 of Crimes (Sentencing Procedure) Act 1999 s 28CRandom breath testing and other matters related to alcohol and drug use s 28DApplication of part s 29Types of marine safety licences s 29AGrounds for finding persons not suitable to hold licence s 30Grant of licences s 31Conditions of licences s 32Offence to contravene conditions of licence s 33Duration of licence s 34Transfer of licences s 35Offences relating to licences s 36Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge s 37Regulations relating to licences s 38Suspension or cancellation of licences s 38ACancellation of marine pilot’s licences on notification s 39Cancellation and suspension of licences by court in connection with offence s 40Return of suspended or cancelled licence s 40ADisqualification of persons from holding licences s 40BEffect of disqualification s 41Definition s 42Application for administrative review s 43Failure to make decision s 43AAApplication of part s 43ADefinitions s 44Meaning of “unsafe vessel”s 45Offence to operate or use unsafe vessel s 46Inspection of unsafe vessels s 47Power to give directions in relation to unsafe vessels s 48Dealing with unsafe vessels s 49Offence for unregistered vessels to be in State waters s 50Vessels exempt from registration s 51Offence to operate vessels in contravention of vessel registration certificates s 52Additional grounds for vessel registration certificates s 53Definition s 54Obligations of disposers of vessels s 55Obligations of acquirers of vessels s 56Transfer of vessel registration certificates s 57Grounds to refuse transfer s 58Power to rescind transfers s 62Vessels to which Division applies s 63Offence to operate recreational vessel without appropriate boat driving licence s 63AOffences committed by disqualified holders of boat driving licences s 64Exemption from requirement to hold boat driving licence s 65Recognised marine safety licences s 66Mutual recognition of marine safety licences s 67Regulation of marine safety equipment or facilities s 68Regulation of design and construction of recreational vessels s 68ARegulations relating to builders plates for vessels s 69Regulation of passengers s 70Vessel identification etc s 70APublic register s 71Definitions s 72Marine pilots in any port to be licensed s 73Marine pilots in pilotage ports to be provided by pilotage service provider s 74Pilotage compulsory in pilotage ports s 75Vessels exempted from compulsory pilotage s 76Deferment of pilotage generally s 77Deferment of pilotage for safety reasons s 78Duties of master in connection with pilotage s 79Liability of master and relevant owner of vessel under pilotage s 80Immunity of State, marine pilots, pilotage service provider and others s 81Offence for marine pilot to endanger vessel s 81AMarine pilot to notify certain matters to harbour master s 82Provisions to apply when vessel under pilotage at request of relevant owner s 83Regulations s 84Definition of “port”s 85Appointment of harbour masters s 86Appointment of persons to exercise functions of harbour masters s 87General functions of harbour master s 88General powers of harbour master in relation to vessels s 89Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port s 90Harbour master may carry out direction s 91Offence for failing to comply with direction, or obstructing, harbour master s 91ADirections of harbour master acting as marine pilot s 91BInformation to be provided to harbour master on request s 92Identity cards s 93Protection from liability s 94Definitions s 95Application s 96Appointment of authorised officers (other than harbour masters and police officers)s 97Identity cards for authorised officers s 97AObstruction or assault of authorised officers and others s 98Requirements of masters in case of accident involving vessels s 98ARequirements of masters of recreational vessels to render assistance s 99Duty to report marine accidents to Minister s 100Marine accident particulars s 101Preservation of evidence s 102Offence s 103Ordering of investigations s 104Principal purposes of investigation s 105Appointment of investigator s 106Powers of investigator s 107Conduct of investigations s 108Report to Minister of investigation s 109Obligations of persons who receive draft reports or recommendations s 110Suspension of marine safety licence pending investigation s 111Action by Minister following report of investigation s 112Public release of report s 113Protection from liability s 114Application of Division s 115Power to stop and board vessels s 116Other powers of entry s 117General investigative powers s 118Detention of vessel for purposes of investigation s 119Production of marine safety licences s 120Identification of person suspected of committing offence s 121Identification of relevant owner and master of vessel s 122Power to require persons to attend to answer questions or produce documents or other things s 123Limitation on self-incrimination s 124General provisions relating to functions under this Division s 125Offences s 125APublic ferry wharves s 125BInspections of public ferry wharves s 125CImprovement notices s 125DFailure to comply with improvement notice s 125EProhibition notices s 125FNotices may include directions s 125GReview of notices by Minister s 125HApplication to Civil and Administrative Tribunal for stay of prohibition notice s 125IAdministrative review by Civil and Administrative Tribunal s 125JWithdrawal and revocation of notices s 125KProceedings for offences not affected by notices s 125LCertificates relating to public ferry wharves s 125MRegulations relating to public ferry wharves s 126Penalty notices s 126ACamera recorded offences s 127Offences s 128Time within which proceedings may be commenced s 129Persons who may bring proceedings s 130Offences by corporations s 131Proof of lawful or reasonable excuse s 132Act presumed to apply to vessels s 133Proof of certain matters not required s 134Service of instruments (except in proceedings for offences)s 135Service of court attendance notice and other process in legal proceedings s 135ASuspension or cancellation of licences by court in connection with offence s 135BImplied power to vary or withdraw notices and directions s 136Act binds Crown s 136AReliance on advice s 137Regulations s 138Adoption of codes, standards, treaties and other documents s 139Exemptions s 140Power to waive, reduce, postpone or refund fees s 141Repeals s 142(Repealed)s 143Savings, transitional and other provisions s 144Review of Act s 1Definitions s 2When testing, analysis, assessment or sample taking not permitted s 3Power to conduct random breath testing s 4Arrest following failed breath test s 5Breath analysis following arrest s 6Taking blood sample following arrest s 7Power to conduct random oral fluid testing s 8Arrest following failed oral fluid test or refusal or inability to submit to test s 9Providing an oral fluid sample for oral fluid analysis following arrest s 10Taking blood sample following arrest s 11Definitions s 12Blood samples to be taken in hospitals from certain accident hospital patients s 13Power to arrest persons involved in fatal accidents for blood and urine tests s 14Authorised officer may require sobriety assessment s 15Arrest following failure to submit to (or pass) sobriety assessment s 16Taking samples following arrest s 17Offences—refusal or failure to submit to test, analysis or assessment s 18Offences—refusal or failure to provide samples or preventing sample taking s 19Offences—wilful introduction or alteration of concentration or amount of alcohol or other drugs s 20Offences—hindering or obstructing authorised officers or sample takers s 21Offences—refusal or failure to take sample s 22Request for blood sample to be taken for analysis when person required to submit to breath analysis s 23Application for additional analysis of blood or oral fluid sample that has already been taken s 24Definitions s 25Procedures for the taking of blood samples s 26Procedures for the taking of urine samples s 27Procedures for the taking of oral fluid samples s 28Conduct of analysis s 29Offences—destroying or tampering or interfering with samples s 30Offence—failure to comply with sample handling procedures s 31Offence—use of samples for non-drug testing purposes s 32Evidence of alcohol concentration in proceedings for offences against section 24 s 33Evidence of presence of drugs in proceedings for offences against section 25 s 34Evidence of presence of drugs in proceedings for offences against section 26 s 35Evidence of test or analysis and related facts not admissible in insurance cases to prove intoxication or drug use s 36Certificate evidence about breath analysing instruments s 37Certificate evidence about the taking and analysis of samples s 38Certificate evidence may specify minimum concentrations s 39Police may conduct random breath and oral fluid testing at same time s 40Use of samples for accident research s 41Double jeopardy in relation to alcohol and other drug offences s 42Personal liability for good faith taking of samples s 43Supervisee may perform functions of medical practitioner, nurse or prescribed sample taker s 1Definitions s 2Approval of devices by Governor s 3Approval of areas by Minister s 4Definitions s 5Evidence of speed recorded by speed measurement devices s 6Certificates concerning reliability of speed measurement devices s 7Admissibility of photographs taken by devices—generally s 8Evidence of accuracy and reliability not required if certificate tendered s 9Rebuttal of evidence concerning operation of approved enforcement devices s 10Definitions s 11Responsible person for vessel taken to have committed camera recorded offences s 12Duty to inform if person not operator of vessel committing camera recorded offence s 13When responsible person for vessel not liable for camera recorded offence s 14Offences relating to nominations s 15Nominations by responsible persons s 16Use of statutory declarations as evidence s 17Further identity information from nomination information provider s 18Liability of actual offender unaffected s 19Interfering with an approved enforcement device s 20Part does not derogate from any other law s 1Regulations s 2Existing speed limit and other notices in navigable waters s 3Offences under Marine (Boating Safety—Alcohol and Drugs) Act 1991 s 4Saving of existing marine safety licences s 5Saving of appointments of harbour masters s 6Saving of evidentiary provisions s 7Investigations into previous matters s 8Preservation of exemptions granted under repealed Acts s 9Staged repeal under Subordinate Legislation Act 1989 of regulations to be repealed by this Act s 10General saving s 11Definition s 12Amendments not to apply to offences occurring before the commencement of amendments s 13References to and in relation to marine safety licences in sections 27 and 40 s 14Definitions s 15Amendments not to apply to offences occurring before the commencement of amendments s 16References to and in relation to marine safety licences in section 28A s 17Offences relating to disqualification from holding certain marine safety licences s 18Appointment of harbour masters s 19Application of amendments transferring licensing functions to RMS s 20Definition s 21Application of certain amendments relating to procedures for taking urine samples s 22Notification by authorised officer before analysis of sample relating to fatal accident s 23Application of amendment relating to sobriety assessments s 24Application of certain amendments relating to certificate evidence by analysts and authorised sample takers s 25Definition s 26Application of seizure, impoundment and forfeiture powers s 27Investigations s 28Use of existing document for transitional periods s 29Alcohol and drug offences s 30Definitions s 31Responsible regulator s 32Existing notices and directions s 33Existing obstructions to navigation s 34Approval for disturbance of bed of ports s 35Disused sea cables s 36Existing applications for grant of marine safety licences and transfers of vessel registration s 37Suspension or cancellation of existing marine safety licences s 38Marine pilot’s licences s 39Offence for unregistered vessels to be in State waters s 40Power to rescind transfers of vessel registration certificates s 41Liability of owner of vessel under pilotage s 42Harbour master may carry out direction s 43Duty to report marine accidents to Minister s 44Public register s 45Implied power to amend or revoke existing notices and directions s 46Power to waive, reduce, postpone or refund fees

Schedule 5 — Dictionary

Section Whole Act

Back301 / 337Forward

11

Definition

Current

11 Definition

In this Part—

repealed Act means the Marine (Boating Safety—Alcohol and Drugs) Act 1991.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 10General saving Nexts 12Amendments not to apply to offences occurring before the commencement of amendments