Section 27, 28 — Marine Safety Act 1998 (New South Wales) — Barrister AI

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Section 27, 28 — Marine Safety Act 1998 (New South Wales) — Barrister AI

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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navigable waters s 11Speed limits, wash limits and other restrictions on operation of vessels in navigable waters s 12(Repealed)s 13Reckless, dangerous or negligent navigation and other acts s 13AOperating vessel in a menacing manner s 14Unreasonable interference by operation or use of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

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27, 28

Current

27, 28

This Act’s bill:Explanatory memorandum Second reading speech

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