Marine and Safety Authority Act 1997

Marine and Safety Authority Act 1997

This Act may be cited as the Marine and Safety Authority Act 1997.

This Act commences on a day to be proclaimed.

In this Act –

air cushion vehicle means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the water or other surface beneath the vehicle;

asset includes any business or property;

Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors;

Authority means the Marine and Safety Authority established under section 4;

Board means the Board of Directors of the Authority;

certificate of survey means a certificate of survey issued by the National Regulator that warrants that a vessel complies with the vessel survey requirements of the National Law;

chairperson means the chairperson of the Board appointed under section 8(1)(a);

chief executive officer means the chief executive officer of the Authority appointed under section 16;

coastal waters means – any part of the territorial sea of Australia adjacent to the State within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and the marine or tidal waters on the landward side of any territorial sea of Australia adjacent to the State;

commencement day means the day proclaimed under section 2;

commercial purpose means a purpose for which a vessel is to be used which results in the vessel being a commercial vessel;

commercial vessel has the same meaning as domestic commercial vessel in the National Law;

corporation means a corporation as defined in the Corporations Act;

director means a person referred to in section 8(1) or 9(1);

domestic commercial vessel has the same meaning as in the National Law;

employee means a person referred to in section 19 who is not a contractor or a consultant;

financial statements means the financial statements prepared under section 25;

former Act means the Marine Act 1976;

former Authority means the Navigation and Survey Authority of Tasmania constituted under the former Act;

former board means a board within the meaning of the former Act;

marine facility means any facility, structure or equipment used in relation to the navigation and operation of vessels;

master has the same meaning as in the National Law;

National Law means – the Commonwealth domestic commercial vessel national law within the meaning of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013; and the applied provisions within the meaning of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013;

National Regulator has the same meaning as in the National Law;

owner of a vessel has the same meaning as in the National Law;

port company means a company formed under the Port Companies Act 1997;

port operator means – a company formed under the Port Companies Act 1997; or a person who operates a port or marine facility;

trading vessel means a vessel, other than a fishing vessel, that is used or is intended to be used – in connection with any business or commercial activity; or wholly or principally for – the carriage of passengers or cargo for hire or reward; or the provision of services to ships or shipping, whether for reward or otherwise;

transfer day means the day on which a transfer under section 31 takes effect;

unseaworthy means unseaworthy within the meaning of section 38B(1);

vessel has the same meaning as in the National Law and includes any other prescribed craft, or any other craft of a prescribed class, used for recreational purposes;

wharf includes – any landing place, marshalling yard, pier, jetty or dock used for the landing or shipping of cargo; and any approaches to, and spaces under, a wharf; and any shed or other structure on a wharf.

The Marine and Safety Authority is established.

The Authority – is a body corporate with perpetual succession; and has a seal; and maysue and be sued in its corporate name.

The Authority has jurisdiction in and over –

the waters of all inland lakes, rivers and streams; and coastal waters; and any vessel, other than a vessel within the meaning of the National Law; and domestic commercial vessels in relation to any of the matters specified in section 6(2) of the National Law; and any matters delegated to it by the National Regulator; and any marine facility under the control of the Authority.

The functions of the Authority are as follows:to ensure the safe operation of vessels; to perform the functions delegated to it by the National Regulator; to provide and manage marine facilities; to manage environmental issues relating to vessels.

The Authority has power to do anything necessary or convenient to be done in connection with the performance of its functions.

The Authority, by instrument in writing, may delegate any of its functions or powers, other than this power of delegation, to any person or body.

The Authority has a Board of Directors consisting of the following persons:a chairperson; at least 3 and not more than 5 persons who have skills and experience relevant to the functions of the Authority; the chief executive officer.

The persons referred to in paragraphs (a) and (b) are appointed by the Minister.

Schedule 1 has effect with respect to directors.

Schedule 2 has effect with respect to the meetings of the Board.

The Minister may appoint a person to act as a director for any period during which the chairperson or another director is – absent from duty; or absent from Australia; or otherwise unable to perform the functions of the office of director.

The appointment of a person to act as a director in the absence of the chairperson is not an appointment as chairperson.

This Act applies to the appointment as if it were the appointment of a director.

A person who is acting as a director is taken to be a director.

A director must act honestly in the performance and the exercise of the functions and powers of a director. Fine not exceeding 50 penalty units.

In performing and exercising the functions and powers of a director, a director must exercise the same degree of care and diligence that a person in a similar position in a corporation is required to exercise. Fine not exceeding 50 penalty units.

A director or former director must not use improperly, whether within Tasmania or elsewhere, information acquired as a director or the fact that he or she is or was a director –

to gain, directly or indirectly, a personal advantage or an advantage for another person; or to cause damage to the Authority.

Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.