Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023

 

Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Purpose of Act2

4.Terms used2

5.Act binds Crown4

Notes

Compilation table5

Uncommenced provisions table5

Defined terms

 

Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023

An Act —

·to apply a national law relating to marine safety for domestic commercial vessels as a law of the State; and

·to make consequential and other amendments to the Western Australian Marine Act 1982; and

·to make consequential amendments to various other Acts; and

·for related purposes.

 

Part 1 — Preliminary

1.Short title

This is the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023.

2.Commencement

This Act comes into operation as follows —

(a)Part 1 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Purpose of Act

(1)The purpose of this Act is to adopt in the State a national approach to the regulation of marine safety in relation to domestic commercial vessels.

(2)Accordingly, this Act —

(a)applies the Commonwealth domestic commercial vessel national law as a law of the State, subject to the disallowance processes under Part 2; and

(b)provides for the Commonwealth domestic commercial vessel national law and the applied provisions of the State to be administered on a uniform basis by the Commonwealth, and by State officials as delegates of the Commonwealth, as if they constituted a single law of the Commonwealth.

4.Terms used

(1)In this Act —

amend includes replace;

amending Act means a Commonwealth Act to the extent that it amends the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth and that receives the Royal Assent on or after 15 May 2023;

applied provisions means the Domestic Commercial Vessel National Law that applies as a law of the State because of section 6;

commencement day means the day on which section 6 comes into operation;

Commonwealth administrative laws means the following —

(a)the Administrative Appeals Tribunal Act 1975 (Commonwealth) (excluding Part IVA);

(b)the Freedom of Information Act 1982 (Commonwealth);

(c)the Ombudsman Act 1976 (Commonwealth);

(d)the Privacy Act 1988 (Commonwealth);

(e)the legislative instruments in force under those Acts;

Commonwealth domestic commercial vessel national law means the provisions of the following Acts or legislative instruments —

(a)the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth;

(b)the legislative instruments in force under that Law;

(c)any other provision of a Commonwealth Act (or of a legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law;

legislative instrument means a regulation or other legislative instrument;

Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth means the provisions applying as a law of the Commonwealth because of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) section 4;

Scheduled 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.

(2)A reference in this Act to a legislative instrument under the Scheduled Law is a reference to a legislative instrument to the extent made or amended —

(a)under the Scheduled Law; or

(b)by a provision of a Commonwealth Act for the purposes of the Scheduled Law.

(3)Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.

5.Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

[Parts 2‑10 have not come into operation.]

dline

 

Notes

This is a compilation of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 Pt. 1

24 of 2023

24 Oct 2023

24 Oct 2023 (see s. 2(a))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 (other than Pt. 1)

24 of 2023

24 Oct 2023

To be proclaimed (see s. 2(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

amend4(1)

amending Act4(1)

applied provisions4(1)

commencement day4(1)

Commonwealth administrative laws4(1)

Commonwealth domestic commercial vessel national law4(1)

legislative instrument4(1)

Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth4(1)

Scheduled Law4(1)

 

 

© State of Western Australia 2023.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2023.

By Authority: GEOFF O. LAWN, Government Printer