Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023
Western Australia
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
Part 2 — Applied provisions
6.Application of Domestic Commercial Vessel National Law as State law5
7.Tabling amending Acts6
8.Disallowance of amending Acts6
9.Commencement of provisions of amending Acts7
10.Amending Acts enacted on or after 15 May 2023 but before commencement day8
11.Tabling of amending Act taken to be publication for Standing Orders8
12.Legislative instruments under Scheduled Law9
13.Legislative instruments made under or for purposes of amending Act9
14.Publication of legislative instruments made under Scheduled Law10
15.Tabling and disallowance of legislative instruments under Scheduled Law10
16.Application of savings and transitional provisions consequent on Scheduled Law11
17.Interpretation of applied provisions12
Part 3 — Functions and powers under applied provisions
18.Functions and powers of National Regulator and other authorities and officers13
19.Delegations by National Regulator13
Part 4 — Offences
20.Object of Part14
21.Application of Commonwealth criminal laws to offences against applied provisions15
22.Functions and powers conferred on Commonwealth officers and authorities relating to offences15
23.No double jeopardy for offences against applied provisions16
Part 5 — Administrative laws
24.Application of Commonwealth administrative laws to applied provisions17
25.Functions and powers conferred on Commonwealth officers and authorities17
Part 6 — Fees and fines
26.Fees payable to officers or employees of State acting as delegates19
27.Infringement notice fines19
28.Fines, fees, other money not otherwise payable to State19
Part 7 — Miscellaneous
29.Things done for multiple purposes20
30.Reference in Commonwealth law to provision of another law20
31.References to Domestic Commercial Vessel National Law20
32.Disclosure of information to National Regulator21
33.State regulations21
34.Review of Act21
Part 8 — Transitional and savings provisions
35.Transitional regulations22
Part 10 — Other Acts amended or repealed
Division 6 — Sentencing Act 1995 amended
114.Act amended23
115.Section 107 amended23
Notes
Compilation table24
Uncommenced provisions table24
Defined terms
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023
·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.
This is the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023.
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.
(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.
(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.
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.
6.Application of Domestic Commercial Vessel National Law as State law
(1)For the purposes of this section, the Domestic Commercial Vessel National Law consists of —
(a)the Scheduled Law as in force on 15 May 2023 and as amended by each provision that —
(i)is in an amending Act that has effect for the purposes of this Part under section 8; and
(ii)has come into operation for the purposes of this Part under section 9;
and
(b)subject to section 12, the legislative instruments for the time being in force under the Scheduled Law; and
(c)subject to section 16, any provision of a Commonwealth Act for the time being in force, or of a legislative instrument for the time being in force under a Commonwealth Act, that is of a savings or transitional nature consequent on the enactment or amendment of the Scheduled Law.
(2)The Domestic Commercial Vessel National Law applies as a law of the State.
(3)The Domestic Commercial Vessel National Law so applies as if it extended to matters in relation to which the State may make laws —
(a)whether or not the Commonwealth may make laws in relation to those matters; and
(b)even though the terms of the Domestic Commercial Vessel National Law provide that it applies only to specified matters with respect to which the Commonwealth may make laws.
(4)Subsection (3) does not operate to exclude a law of the State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.
(5)Regulations made under section 33 may provide that the Domestic Commercial Vessel National Law applies under this section as if a specified amendment to the Commonwealth domestic commercial vessel national law made by a law of the Commonwealth had not taken effect.
(6)The provisions of the Domestic Commercial Vessel National Law that apply as a law of the State because of this section apply —
(a)to the extent to which they are provisions of a Commonwealth Act — as a part of this Act; and
(b)to the extent to which they are provisions of a legislative instrument — as subsidiary legislation for the purposes of this Act.
An amending Act must be laid before each House of Parliament within 18 sitting days of the House after the day on which the Act receives the Royal Assent.
8.Disallowance of amending Acts
(1)In this section —
disallowance period, in relation to a disallowance resolution of which notice is given in a House of Parliament, means the period of 30 sitting days of the House after the day on which the notice is given;
disallowance resolution means a resolution that an amending Act be disallowed;
notice period, in relation to an amending Act laid before a House of Parliament under section 7, means the period of 14 sitting days of the House after the day on which the amending Act is laid before it.
(2)An amending Act has effect for the purposes of this Part if the amending Act is laid before each House of Parliament under section 7 and either —
(a)no notice of a disallowance resolution is given in either House within the notice period; or
(b)at least 1 notice of a disallowance resolution is given in a House within the notice period and, for each such notice, 1 of the following applies —
(i)the notice is withdrawn or discharged within the disallowance period;
(ii)the disallowance resolution is lost in the House or not agreed to within the disallowance period.
(3)For the purposes of this section and section 7 —
(a)the period specified in section 7, a notice period or a disallowance period continues to run even though a House of Parliament is prorogued or dissolved or expires; and
(b)notice of a disallowance resolution given in a House of Parliament, or a motion that an amending Act be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires.
9.Commencement of provisions of amending Acts
(1)If an amending Act has effect for the purposes of this Part under section 8(2), the Governor must declare that fact by proclamation as soon as practicable.
(2)If a provision of the amending Act has come into operation in the Commonwealth before the proclamation is published —
(a)the proclamation must fix a day on which the provision comes into operation for the purposes of this Part, which must be on or after the day on which the proclamation is published; and
(b)the provision comes into operation for the purposes of this Part on that day.
(3)If a provision of the amending Act has not come into operation in the Commonwealth before the proclamation is published, the provision comes into operation for the purposes of this Part when the provision comes into operation in the Commonwealth.
10.Amending Acts enacted on or after 15 May 2023 but before commencement day
If an amending Act receives the Royal Assent on or after 15 May 2023 but before commencement day, sections 7 to 9 apply to the amending Act as if it received the Royal Assent on commencement day.
11.Tabling of amending Act taken to be publication for Standing Orders
(1)In this section —
parliamentary committee means a committee established by either or both of the Houses of Parliament.
(2)If a Standing Order of a House of Parliament provides that on the publication of an instrument under a written law the instrument is referred to a parliamentary committee for consideration, the laying of an amending Act before the House under section 7 is taken to be publication of the amending Act for the purposes of the Standing Order.
(3)This section does not apply if the Standing Orders of the House provide specifically for an amending Act to be considered by a parliamentary committee.
12.Legislative instruments under Scheduled Law
(1)A legislative instrument made under the Scheduled Law on or after 15 May 2023 has effect for the purposes of its application under section 6(2) subject to sections 13 and 15.
(2)A legislative instrument under the Scheduled Law, to the extent made by a provision of an amending Act, has effect for the purposes of its application under section 6(2) if —
(a)the amending Act has effect for the purposes of this Part under section 8; and
(b)the provision has come into operation for the purposes of this Part under section 9.
Note for this subsection:
The definition of amending Act, in section 4(1), includes that the Act receives the Royal Assent on or after 15 May 2023.
13.Legislative instruments made under or for purposes of amending Act
(1)This section applies to a provision of a legislative instrument made under the Scheduled Law if the provision is made under or for the purposes of —
(a)a provision inserted into the Scheduled Law by a provision of an amending Act; or
(b)a provision of the Scheduled Law as amended by a provision of an amending Act.
(2)The provision of the legislative instrument does not have effect for the purposes of its application under section 6(2) until the later of —
(a)the day on which the provision of the amending Act comes into operation for the purposes of this Part under section 9; and
(b)the day on which the provision of the legislative instrument comes into operation in the Commonwealth.
(3)However, if the amending Act does not have effect for the purposes of this Part under section 8, the provision of the legislative instrument does not have effect for the purposes of its application under section 6(2).
14.Publication of legislative instruments made under Scheduled Law
(1)This section applies to a legislative instrument made under the Scheduled Law on or after 15 May 2023.
(2)The legislative instrument must be published in the Gazette or on the WA legislation website no later than 18 days after the day on which it is made.
(3)If the legislative instrument is made on or after 15 May 2023 but before commencement day, subsection (2) applies as if the legislative instrument were made on commencement day.
15.Tabling and disallowance of legislative instruments under Scheduled Law
(1)This section applies to a legislative instrument made under the Scheduled Law on or after 15 May 2023.
(2)A legislative instrument published under section 14 must be laid before each House of Parliament within 6 sitting days of the House after the day on which the instrument is published.
(3)A legislative instrument ceases to have effect for the purposes of its application under section 6(2) if —
(a)the instrument is not published under section 14; or
(b)the instrument is not laid before each House of Parliament in accordance with subsection (2); or
(c)the instrument is laid before each House of Parliament in accordance with subsection (2) and —
(i)notice of a resolution to disallow the instrument is given in 1 of those Houses within 14 sitting days of the House after the instrument is laid before the House under subsection (2); and
(ii)the resolution to disallow the instrument is agreed to by the House.
(4)A legislative instrument that ceases to have effect under subsection (3) ceases to have effect at the end of the day on which the circumstance in subsection (3)(a), (b) or (c) occurs.
(5)If a resolution is agreed to under subsection (3)(c), notice of the resolution must be published in the Gazette or on the WA legislation website within 21 days after the day on which the motion is passed.
(6)If a legislative instrument (the instrument) ceases to have effect under subsection (3), a legislative instrument that was amended or repealed by the instrument revives, for the purposes of its application under section 6(2), on the day after the day on which the instrument ceases to have effect.
(7)For the purposes of this section —
(a)the period specified in subsection (2) or (3)(c)(i) continues to run even though a House of Parliament is prorogued or dissolved or expires; and
(b)notice of a resolution to disallow a legislative instrument given in a House of Parliament, or a motion that a legislative instrument be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires.
16.Application of savings and transitional provisions consequent on Scheduled Law
(1)This section applies if a provision referred to in section 6(1)(c) (a savings or transitional provision) is consequent on the amendment of the Scheduled Law by a provision of an amending Act.
(2)The savings or transitional provision does not have effect for the purposes of its application under section 6(2) until the later of —
(a)the day on which the provision of the amending Act comes into operation for the purposes of this Part under section 9; or
(b)the day on which the savings or transitional provision comes into operation in the Commonwealth.
(3)However, if the amending Act does not have effect for the purposes of this Part under section 8, the savings or transitional provision does not have effect for the purposes of its application under section 6(2).
17.Interpretation of applied provisions
(1)The Acts Interpretation Act 1901 (Commonwealth) applies as a law of the State in relation to the interpretation of the applied provisions and so applies as if the applied provisions were a Commonwealth Act or were legislative instruments under a Commonwealth Act, as the case requires.
(2)The Interpretation Act 1984 does not apply to the applied provisions.
Part 3 — Functions and powers under applied provisions
18.Functions and powers of National Regulator and other authorities and officers
The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.
19.Delegations by National Regulator
Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
(1)The object of this Part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2)The purposes for which an offence is to be treated as mentioned in subsection (1) include, but are not limited to —
(a)the investigation and prosecution of offences; and
(b)the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and
(c)proceedings relating to a matter referred to in paragraph (a) or (b); and
(d)appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and
(e)the sentencing, punishment and release of persons convicted of offences; and
(f)fines, penalties and forfeitures; and
(g)infringement notices in connection with offences; and
(h)liability to make reparation in connection with offences; and
(i)proceeds of crime; and
(j)spent convictions.
(3)For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed.
21.Application of Commonwealth criminal laws to offences against applied provisions
(1)In this section —
relevant Commonwealth criminal law means a law of the Commonwealth relating to a purpose referred to in section 20(2).
(2)The relevant Commonwealth criminal laws apply as laws of the State in relation to an offence against the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of the State.
(3)For the purposes of a law of the State, an offence against the applied provisions —
(a)is taken to be an offence against the laws of the Commonwealth, in the same way as if the applied provisions were a law of the Commonwealth; and
(b)is taken not to be an offence against the laws of the State.
(4)Subsection (3) has effect for the purposes of a law of the State except as provided by the regulations made under section 33.
22.Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1)A Commonwealth law applying because of section 21 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2)In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.
23.No double jeopardy for offences against applied provisions
(1)Subsection (2) applies if —
(a)an act or omission is both an offence against the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and
(b)the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law.
(2)The offender is not liable to be punished for the offence under the applied provisions.
24.Application of Commonwealth administrative laws to applied provisions
(1)The Commonwealth administrative laws apply as laws of the State to any matter arising in relation to the applied provisions as if the applied provisions were a law of the Commonwealth and not a law of the State.
(2)For the purposes of a law of the State, a matter arising in relation to the applied provisions —
(a)is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if the applied provisions were a law of the Commonwealth; and
(b)is taken not to be a matter arising in relation to laws of the State.
(3)Subsection (2) has effect for the purposes of a law of the State except as provided by the regulations made under section 33.
(4)A provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.
(5)For the purposes of this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Commonwealth) (as that provision applies as a law of the State) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.
25.Functions and powers conferred on Commonwealth officers and authorities
(1)A Commonwealth administrative law applying because of section 24 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.
(2)In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.
26.Fees payable to officers or employees of State acting as delegates
(1)In this section —
accredited person includes a person approved by the National Regulator to conduct a final assessment that is a criterion for the issue of a certificate of competency.
(2)Regulations under section 33 may provide for or with respect to fees payable to the State in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of, or otherwise engaged by, the State or an agency of the State.
Any amount paid to the State by the National Regulator under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Commonwealth) section 10 in relation to an infringement notice must (subject to any refund payment under section 10(2) of that Act) be credited to the Consolidated Account.
28.Fines, fees, other money not otherwise payable to State
(1)All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the National Regulator.
(2)Subsection (1) does not apply to any fees referred to in section 26.
29.Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.
30.Reference in Commonwealth law to provision of another law
For the purposes of sections 21 and 24, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.
31.References to Domestic Commercial Vessel National Law
(1)In this section —
participating jurisdiction means a State or Territory that applies the Commonwealth domestic commercial vessel national law (whether or not as modified) as a law of that jurisdiction.
(2)A reference in a written law or other instrument to the Domestic Commercial Vessel National Law is a reference to —
(a)the Commonwealth domestic commercial vessel national law; and
(b)the applied provisions; and
(c)the Domestic Commercial Vessel National Law of the other participating jurisdictions, that is, the Commonwealth domestic commercial vessel national law that applies (whether or not as modified) as a law of each of those other jurisdictions.
(3)Subsection (2) applies except so far as the contrary intention appears or the context otherwise requires.
32.Disclosure of information to National Regulator
Without limiting section 152 of the Scheduled Law as applied by section 6(2), information obtained under a written law may be disclosed under that section whether it was obtained before, on or after commencement day.
The Governor may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or the applied provisions.
(1)The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review, as soon as practicable after the 5th anniversary of the day on which this section comes into operation.
(2)The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary.
Part 8 — Transitional and savings provisions
(1)In this section —
publication day, in relation to transitional regulations, means the day on which the transitional regulations are published on the WA legislation website;
transitional regulations means regulations made for the purposes of subsection (2).
(2)Regulations under section 33 may deal with matters of a transitional, savings or application nature arising in connection with the enactment of this Act.
(3)Transitional regulations cannot be made after the end of the period of 2 years beginning on commencement day.
(4)If transitional regulations provide that a state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than publication day, but not earlier than commencement day, the regulations have effect according to their terms.
(5)If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as to —
(a)affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before publication day; or
(b)impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day.
[Part 9 has not come into operation.]
Part 10 — Other Acts amended or repealed
[Divisions 1‑5 have not come into operation.]
Division 6 — Sentencing Act 1995 amended
This Division amends the Sentencing Act 1995.
(1)In section 107(5) delete the definition of vessel and insert:
vessel has the meaning given in the Western Australian Marine Act 1982 section 3(1).
(2)In section 107(5) in the definition of marine qualification delete “certificate of competency or any other”.
[Divisions 7‑10 have not come into operation.]
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.
|
Short title |
Number and year |
Assent |
Commencement |
|
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 Pt. 1-8 and Pt. 10 (other than Div. 1‑5 and 7‑10) |
24 of 2023 |
24 Oct 2023 |
Pt. 1: 24 Oct 2023 (see s. 2(a)); |
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 Pt. 9 and Pt. 10 Div. 1‑5 and 7‑10 |
24 of 2023 |
24 Oct 2023 |
To be proclaimed (see s. 2(b)) |
[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)
accredited person26(1)
amend4(1)
amending Act4(1)
applied provisions4(1)
commencement day4(1)
Commonwealth administrative laws4(1)
Commonwealth domestic commercial vessel national law4(1)
disallowance period8(1)
disallowance resolution8(1)
Domestic Commercial Vessel National Law6(1)
legislative instrument4(1)
Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth4(1)
notice period8(1)
parliamentary committee11(1)
participating jurisdiction31(1)
publication day35(1)
relevant Commonwealth criminal law21(1)
savings or transitional provision16(1)
Scheduled Law4(1)
the instrument15(6)
transitional regulations35(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