1Short title
This Act may be cited as the Western Australian Marine Act 1982.
Parliamentary material from the official source. Links open the official source in a new tab.
This Act was passed before the online parliamentary record we can search begins (1997). Any explanatory memorandum or second reading speech for its bill is in the printed parliamentary papers and Hansard.
Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Western Australian Marine Act 1982.
The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation after the approval of Her Majesty thereto has been proclaimed in the State.
In this Act, unless the contrary intention appears —
alcohol or drug testing requirement, in relation to a person, means a requirement imposed on the person under Part 3B Division 2 or 3;
analyst has the meaning given in the Road Traffic Act 1974 section 65;
authorised person means a person designated under section 117(1) as an authorised person for the purposes of the provision in which the term is used;
BAC, in relation to a person, means the concentration of alcohol in the person’s blood, expressed in grams of alcohol per 100 mL of blood;
Example for this definition:
A BAC of 0.08 g is a concentration of 0.08 g of alcohol per 100 mL of blood.
bodily harm has the meaning given in The Criminal Code section 1(1);
Chemistry Centre (WA) means the body established by the Chemistry Centre (WA) Act 2007 section 4(1);
chief executive officer means the chief executive officer of the Department;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
dangerous goods has the same meaning as in the Dangerous Goods Safety Act 2004;
dentist means a person —
registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession; and
whose name is entered on the dentists division of the Register of Dental Practitioners kept under that Law;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
detained vessel means a vessel detained under section 61;
domestic commercial vessel has the meaning given in the Scheduled Domestic Commercial Vessel National Law section 7;
drug has the meaning given in the Road Traffic Act 1974 section 65;
drugs analyst has the meaning given in the Road Traffic Act 1974 section 65;
equipment in relation to a vessel, includes every thing or article belonging to or to be used in connection with, or necessary for the navigation and safety of, the vessel and, in particular, includes boats, tackle, pumps, apparel, furniture, lifesaving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo‑sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo, and includes also such other things as may be prescribed;
explosives means a substance or article used or manufactured with the purpose of producing a practical effect by explosion or a pyrotechnic effect;
foreign vessel has the meaning given in the Navigation Act 2012 (Commonwealth) section 14(1);
former Navigation Act means the Navigation Act 1912 (Commonwealth) as in force before it was repealed;
grievous bodily harm has the meaning given in The Criminal Code section 1(1);
identity card means an identity card issued under section 118;
infringement notice has the meaning given in section 132(1);
inspector means —
a person designated under section 117(1) as an inspector for the purposes of the provision in which the term is used; or
a member of a class of police officer designated under section 117(2) as inspectors for the purposes of the provision in which the term is used;
leave vessel, accompany officer or wait requirement, in relation to a person, means a requirement imposed on the person under section 75G;
marine qualification means —
a WA marine qualification; or
a qualification, permit, licence or certificate (however described) issued to a person —
in relation to navigating or operating a vessel (as those terms are defined in section 75AA(1) and (2)), or required by crew of a vessel; and
under a law of another Australian jurisdiction or an overseas jurisdiction;
marine qualification information has the meaning given in section 107;
master, of a vessel —
means the person who has command or charge of the vessel; but
does not include a pilot;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
mooring information has the meaning given in section 107;
nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose registration under that Law is endorsed as nurse practitioner;
officer —
of a body corporate — has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; and
of the Department — means a public service officer in the Department;
owner in relation to a vessel means any person exercising, or discharging or claiming the right or accepting the obligation to exercise or discharge, any of the powers or duties of an owner whether on their own behalf or on behalf of another and includes a person who is the owner jointly with any other person or persons and an officer of a body corporate;
partially smooth waters means waters within such geographical limits as are prescribed for the purposes of this definition;
passenger means every person on board a vessel other than —
the master, members of the crew, other persons employed or engaged in any capacity on board the vessel in the business of that vessel; and
a child under one year of age;
passenger vessel means a vessel that carries, or is certified to carry, more than 12 passengers;
personal watercraft —
means a craft that is —
powered by a motor; and
designed (whether or not exclusively) to be operated by a person on or astride the hull and not within it;
and
includes a craft that was designed (whether or not exclusively) as a personal watercraft but which has been —
modified; or
transformed into some other sort of vessel;
pilot means a person who does not belong to, but has the conduct of, a vessel;
pleasure vessel —
means a vessel held wholly for the purpose of recreational or sporting activities and not for hire or reward; but
does not include a domestic commercial vessel;
prescribed means prescribed by regulations made under this Act;
prescribed illicit drug means a drug that is —
a prescribed illicit drug as defined in the Road Traffic Act 1974 section 65; or
a drug prescribed for the purposes of this definition;
prescribed vessel means a vessel that is prescribed, or in a class of vessel prescribed, for the purposes of this definition, other than a regulated Australian vessel, a foreign vessel, a domestic commercial vessel or a pleasure vessel;
regulated Australian vessel has the meaning given in the Navigation Act 2012 (Commonwealth) section 15;
Scheduled Domestic Commercial Vessel National Law means the Marine Safety (Domestic Commercial Vessel) National Law set out in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) Schedule 1;
smooth waters means waters within the geographical limits prescribed for the purposes of this definition;
specified, in relation to a direction (whether or not in writing), order, notice, regulation or other instrument or document under this Act, means specified in the direction, order, notice, regulation, instrument or document;
State waters means —
the territorial sea adjacent to the State; and
the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
waters within the limits of the State;
territorial sea has the meaning given in the Seas and Submerged Lands Act 1973 (Commonwealth) section 3(1);
vessel, subject to subsection (2) —
means, a craft for use, or that is capable of being used, in navigation by water, however propelled or moved; and
includes an air‑cushion vehicle, a barge, a personal watercraft, a submersible and a wing‑in‑ground effect craft;
vessel information has the meaning given in section 107.
WA marine qualification means a qualification, including a licence, issued to a person under this Act that authorises the person to navigate a vessel (as defined in section 75AA(2)).
The regulations may specify that a prescribed class of thing is or is not a class of vessel for the purposes of the definition of vessel in subsection (1).
[Section 3 amended: No. 35 of 1990 s. 4 and 21; No. 47 of 1993 s. 33(1); No. 57 of 1997 s. 130(1); No. 7 of 2004 s. 70; No. 55 of 2004 s. 1309; No. 24 of 2023 s. 39(1)‑(7); No. 31 of 2023 s. 4.]
Except as expressly provided otherwise in this Act, this Act applies to and in relation to the following vessels and their owners, masters, pilots and crew —
a vessel in State waters;
a vessel connected with the State, wherever it may be, other than a pleasure vessel or prescribed vessel while it is in the waters of another State or a Territory of the Commonwealth.
For the purposes of this section, a vessel connected with the State includes a vessel that is —
registered, or required to be registered, under this Act; or
registered under the Shipping Registration Act 1981 (Commonwealth), with a home port in the State; or
owned by a person who is ordinarily resident in the State; or
owned by a person whose place of business, or principal place of business, is in the State; or
owned by a person whose principal place of business for managing the vessel’s operations is in the State; or
declared by the regulations to be a vessel connected with the State.
[Section 3A inserted: No. 24 of 2023 s 40; amended: No 31 of 2023 s. 5.]
In this section —
applied provisions has the meaning given in the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 4(1);
Commonwealth domestic commercial vessel national law has the meaning given in the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 section 4(1);
Domestic Commercial Vessel National Law means —
the Commonwealth domestic commercial vessel national law; and
the applied provisions.
The Domestic Commercial Vessel National Law prevails over this Act to the extent of any inconsistency.
[Section 3B inserted: No. 24 of 2023 s. 40.]
4. Act not to apply to naval ships etc.
This Act does not apply to or in relation to a vessel belonging to the naval, military or air forces of the Commonwealth or of any other country, including a foreign country.
This Act binds the Crown.
In this Part —
evidential material means a thing that is relevant to an offence (within the meaning of subsection (2)) under this Act;
judicial officer means a magistrate;
occupier, in relation to premises, includes —
a person who apparently represents the occupier of the premises; and
if the premises are a vessel — the master of the vessel;
official details —
of a police officer — means the officer’s surname and rank and, if the officer’s official details are required to be stated on a document, the officer’s registered number; and
of an inspector — means the inspector’s full name and official title;
premises includes —
a structure, building, vehicle, vessel or aircraft; and
a place (whether or not enclosed or built on); and
a part of a thing referred to in paragraph (a) or (b);
remote communication means any way of communicating at a distance, including by telephone, email and radio;
warrant means a warrant issued under section 26.
For the purposes of the definition of evidential material, a thing is relevant to an offence if it is relevant to an offence as described in the Criminal Investigation Act 2006 section 5.
[Section 6 inserted: No. 24 of 2023 s. 42; amended: No. 31 of 2023 s. 6.]
An inspector may board a vessel, whether or not the vessel is underway, for 1 or both of the following purposes —
determining whether this Act is being or has been complied with;
exercising any of the powers under this Act that the inspector may exercise in relation to the vessel.
The master of a vessel that an inspector proposes to board must take reasonable steps to facilitate the boarding if required by the inspector to do so.
Penalty for this subsection: a fine of $2 000.
An inspector proposing to board a vessel may enter any premises that are not used as a residence to gain access to the vessel.
If an inspector who boards a vessel or enters premises under this section fails to produce their identity card, or evidence that they are a police officer (if not in uniform), when requested to do so by the master of the vessel or by the occupier of the premises, the inspector —
must leave the vessel or premises; and
must not board the vessel or enter the premises again without producing their identity card or evidence that they are a police officer (if not in uniform).
[Section 7 inserted: No. 24 of 2023 s. 42.]
An inspector may require the master of a vessel —
to answer questions put by the inspector about the nature or operations of the vessel; and
to produce for inspection any books, records or other documents about the nature or operations of the vessel requested by the inspector.
A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence.
Penalty for this subsection: a fine of $2 000.
[Section 8 inserted: No. 24 of 2023 s. 42.]
An inspector may exercise the powers under this section in relation to a vessel for the purposes of determining whether this Act is being or has been complied with.
The inspector may, in relation to the vessel, do 1 or more of the following —
search the vessel or anything on the vessel;
examine or observe any activity conducted on the vessel;
inspect, examine, take measurements of or conduct tests on the vessel or anything on or belonging to the vessel;
take photographs, video recordings or other recordings of the vessel or anything on the vessel;
without limiting section 18, require the production for inspection of any document on the vessel or issued or required to be held under this Act in relation to the vessel;
take extracts from, or make copies of, any document produced under paragraph (e);
take onto the vessel any equipment and materials that the inspector requires for the purpose of exercising powers in relation to the vessel;
require a person on the vessel to demonstrate the operation of machinery or equipment on the vessel;
require a person on the vessel to give the inspector 1 or more of the following —
the person’s name;
the person’s residential address;
the person’s date of birth;
evidence of the person’s identity;
require, by any reasonable means, the master of the vessel to do 1 or more of the following —
stop or manoeuvre the vessel;
adopt or maintain a specified course or speed;
take the vessel to a specified place.
The inspector may, when on board the vessel, operate electronic equipment on the vessel to determine whether the following contain information that is relevant to the purposes of this section —
the equipment;
an information storage device that —
is on the vessel; and
can be used with the equipment or is associated with the equipment.
If information that is relevant to the purposes of this section is found in the exercise of a power under this section, the inspector may, when on board or leaving the vessel, do 1 or more of the following —
operate electronic equipment on the vessel to put the information in documentary form;
operate electronic equipment on the vessel to transfer the information to an information storage device that —
is brought onto the vessel for that purpose; or
is on the vessel and the use of which for that purpose has been agreed to in writing by the master of the vessel;
remove the documents or information storage device from the vessel.
The inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if the inspector believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
A power under subsection (2) may be exercised whether or not the inspector —
is on board the vessel; or
has reasonable grounds for suspecting that there may be evidential material on the vessel.
[Section 9 inserted: No. 24 of 2023 s. 42.]
A person who, without reasonable excuse, fails to comply with a requirement under section 9(2)(e), (h), (i) or (j) commits an offence.
Penalty for this subsection: a fine of $5 000.
A person commits an offence if, in response to a requirement made under section 9(2)(i), the person gives a false name, address or date of birth or false evidence of identity.
Penalty for this subsection: a fine of $5 000.
[Section 10 inserted: No. 24 of 2023 s. 42.]
This section applies if —
a thing is found during the exercise of a power under section 9 in relation to a vessel; and
the inspector believes on reasonable grounds that —
the thing is evidential material; and
1 or more of the powers under this section need to be exercised in order to prevent concealment, loss or destruction of the evidential material; and
the power or powers need to be exercised without a warrant either because of serious and urgent circumstances or because it is not practicable to obtain a warrant.
The inspector may do 1 or more of the following —
take a sample of the thing and remove the sample from the vessel;
secure the thing for up to 72 hours;
subject to subsection (3), seize the thing.
If the thing is equipment or an information storage device that has been operated or used under section 9(3), the inspector may seize the thing only if —
it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in section 9(4)(a) or to transfer all that evidential material as mentioned in section 9(4)(b); or
the inspector believes on reasonable grounds that possession of the equipment or the information storage device could constitute an offence against a law of the State.
In exercising a power under this section, the inspector must, as far as practicable, minimise damage to any property.
[Section 11 inserted: No. 24 of 2023 s. 42.]
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