{"id":"harbors-and-navigation-act-1993","name":"Harbors and Navigation Act 1993","slug":"harbors-and-navigation-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73396,"registerId":"sa-harbors-and-navigation-act-1993-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Minister","content":"Division 1—Minister\n8—Minister to be corporation sole\n\t(1)\tThe Minister is a corporation sole.\n\t(2)\tThe Minister has in the Minister's corporate capacity all the powers of a natural person.\n\t(3)\tA document apparently bearing the common seal of the Minister will be presumed, in the absence of contrary evidence, to have been duly executed by the Minister.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Chief Executive","content":"Division 2—Chief Executive\n9—Responsibility of CE\nThe CE is, subject to the Minister's control and direction, responsible for carrying this Act into effect.\n10—Annual report\n\t(1)\tThe CE must, on or before 31 October in each year, report on the administration of this Act during the preceding financial year.\n\t(2)\tThe Minister must, within 12 sitting days after receiving the report, cause copies to be laid before both Houses of Parliament.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Delegation","content":"Division 3—Delegation\n11—Delegation\n\t(1)\tThe Minister may delegate to the CE or to any other person any of the Minister's powers under this Act.\n\t(2)\tThe CE may delegate powers under this Act (including powers delegated to the CE by the Minister).\n\t(3)\tIf a delegation under this section is expressed to be made to the person holding, or acting in, a specified office or position, the delegated powers are exercisable by any person who holds, or is acting in, that position when an occasion for exercising the powers arises.\n\t(4)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter; and\n\t(e)\tmay, if the instrument of delegation so provides, be further delegated.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Authorised persons","content":"Division 4—Authorised persons\n12—Appointment of authorised persons\n\t(1)\tThe CE may appoint suitable persons to be authorised persons for the purposes of this Act.\n\t(1a)\tThe CE may, with the agreement of a port operator, appoint an officer or employee of the operator to be an authorised person in relation to the relevant port.\n\t(1b)\tThe CE may, with the concurrence of a council, appoint an officer or employee of the council to be an authorised person for the purposes of this Act.\n\t(2)\tAn appointment under this section may be subject to conditions, including a condition limiting the exercise of powers by the authorised person to the enforcement of specified provisions of the Act or to enforcement within a specified area of the State.\n\t(3)\tAn authorised person appointed under this section must be issued with an identity card—\n\t(a)\tcontaining a photograph of the person; and\n\t(b)\tif the authorised person's authority is limited to a particular port—stating the name of the port; and\n\t(c)\tstating any conditions of appointment limiting the authorised person's authority.\n13—Production of identity card\nIf it is practicable to do so, an authorised person must, at the request of a person against whom the authorised person proposes to exercise statutory powers, produce the authorised person's identity card or, if the authorised person is a police officer, the police officer's warrant card, for inspection by that person.\n14—Powers of authorised person\n\t(1)\tSubject to any conditions specified in the instrument of appointment, an authorised person may, for any purpose connected with the administration or enforcement of this Act, exercise any of the following powers—\n\t(a)\tthe authorised person may direct any person who is apparently in charge of a vessel to manoeuvre the vessel in a specified manner, to stop the vessel, or to stop the vessel and secure it in a specified manner;\n\t(b)\tthe authorised person may board a vessel—\n\t(i)\tfor the purpose of determining—\n\t(A)\twhether the person in charge of the vessel holds a boat operator's licence or other qualification required under this Act, or an exemption from the requirement to hold a boat operator's licence or other qualification;\n\t(B)\twhether the vessel is safe;\n\t(C)\twhether the vessel is registered in accordance with this Act;\n\t(E)\twhether the vessel has the equipment and markings required by the regulations and whether the equipment is in good working order;\n\t(F)\twhether the vessel is properly loaded in accordance with the regulations;\n\t(ii)\tfor the purpose of investigating—\n\t(A)\ta suspected offence; or\n\t(B)\tan accident involving a vessel in the jurisdiction and resulting in loss of life or injury or in damage to property; or\n\t(C)\tany other matter having a proper connection with the administration of this Act;\n\t(iii)\tfor the purpose of requiring a person who is operating the vessel or a member of the crew of the vessel who is, or ought to be, engaged in duties affecting the safe navigation of the vessel to submit to an alcotest or breath analysis;\n\t(c)\tthe authorised person may require a person apparently acting in a position for which a boat operator's licence is required under this Act to produce, at a specified place and within a specified period, the boat operator's licence or evidence that the person is exempt from the requirement to hold a boat operator's licence;\n\t(d)\tthe authorised person may require a person who is apparently in charge of a vessel to produce a certificate of registration in respect of the vessel;\n\t(e)\tthe authorised person may require a person whom the authorised person reasonably suspects of having committed an offence against this Act or who is, in the authorised person's opinion, in a position to give evidence of the commission of such an offence, to state the person's name and address;\n\t(f)\tfor the purposes of investigating—\n\t(i)\ta suspected offence; or\n\t(ii)\tan accident involving a vessel in the jurisdiction and resulting in loss of life or injury, or in damage to property; or\n\t(iii)\tany other matter having a proper connection with the administration of this Act,\nthe authorised person may—\n\t(iv)\trequire a person to answer questions relevant to the investigation; and\n\t(v)\trequire a person to produce records or equipment that the authorised person reasonably suspects are relevant to the investigation; and\n\t(vi)\tmay inspect the records or equipment, make copies of the records or their contents or test the equipment and, where reasonably necessary for those purposes, seize and retain the records or equipment.\n\t(1a)\tSubject to any conditions specified in the instrument of appointment, an authorised person may give expiation notices under the Expiation of Offences Act 1996 for alleged offences against this Act.\n\t(2)\tA person who—\n\t(a)\twithout reasonable excuse, fails to obey a direction or requirement of an authorised person under this Act; or\n\t(b)\thinders or obstructs an authorised person in the exercise of powers under this Act,\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Miscellaneous","content":"Division 5—Miscellaneous\n14A—Matters to be taken into account in relation to specially protected areas\nThe Minister, the CE, an authorised person or any other person engaged in the administration of this Act must, if taking any action under this Act—\n\t(a)\tthat is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary—\n\t(i)\tseek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and\n\t(ii)\ttake into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005, (insofar as may be relevant); or\n\t(b)\tthat is within a marine park, or likely to have a direct impact on a marine park—\n\t(i)\tseek to further the objects of the Marine Parks Act 2007; and\n\t(ii)\ttake into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant).\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Property","content":"Part 3—Property\nDivision 1—Vesting of property\n15—Property of Crown\n\t(1)\tSubject to subsection (2), the following property is vested in the Minister—\n\t(a)\tall adjacent and subjacent land;\n\t(b)\tall wharves, docks, jetties and other structures that are situated in a harbor;\n\t(c)\tall wharves, docks, jetties and other structures situated outside a harbor but on adjacent or subjacent land;\n\t(d)\tall navigational aids within the jurisdiction.\n\t(2)\tThe land that is vested in the Minister under this section is vested for an estate in fee simple but subject to any pre-existing registered interests in that land.\n\t(3)\tThis section does not apply to—\n\t(a)\treal or personal property vested in the Commonwealth, a council, or in private ownership at the commencement of this Act or subsequently transferred to the Commonwealth, a council or to private ownership; or\n\t(ab)\tall wharves, docks, jetties and other structures in private ownership that are situated in a harbor or outside a harbor but on adjacent or subjacent land, constructed after the commencement of this Act; or\n\t(b)\tland that forms part of a reserve under the National Parks and Wildlife Act 1972; or\n\t(c)\treal or personal property excluded by regulation from the ambit of this section.\n\t(4)\tThe Crown Lands Act 1929 does not apply in relation to land vested in the Minister under this Act but the Crown may, with the concurrence of the Minister, exercise any other power that it has to grant a lease or licence over its land in relation to land vested in the Minister under this Act.\nDivision 2—Acquisition of land\n16—Acquisition of land\n\t(1)\tThe Minister may acquire land—\n\t(a)\tfor the purpose of establishing or improving a harbor or harbor facilities; or\n\t(b)\tfor the purposes of facilitating industrial or commercial development associated with or to be associated with a harbor.\n\t(2)\tThe Land Acquisition Act 1969 applies to the acquisition of land under this section.\nDivision 3—Resumption of land\n17—Resumption\nThe Governor may, by proclamation, resume land held by a council or other public authority as a reserve, street, road or for other public purposes—\n\t(a)\tfor the purpose of establishing or improving a harbor or harbor facilities; or\n\t(b)\tfor the purposes of facilitating industrial or commercial development associated with or to be associated with a harbor.\nDivision 4—Care, control and management of property\n18—Care, control and management of property\n\t(1)\tThe Governor may, by proclamation, place any adjacent or subjacent land belonging to the Minister or any structure belonging to the Minister on adjacent or subjacent land, under the care, control and management of—\n\t(a)\tany Minister of the Crown; or\n\t(b)\ta council; or\n\t(c)\tthe Coast Protection Board; or\n\t(d)\tany other authority or body.\n\t(2)\tA proclamation under subsection (1)—\n\t(a)\tmay impose conditions in relation to the care, control and management of the land or structure to which it relates; and\n\t(b)\tmay be varied or revoked by a later proclamation.\n\t(3)\tA proclamation under subsection (1) may not be made in relation to land, or a structure on land, that is within the area of a council unless the council has been consulted and given an opportunity to make representations on the matter.\n\t(4)\tSubject to any provision made by proclamation under this section, adjacent and subjacent land and structures situated on adjacent or subjacent land (except land and structures in private ownership) are—\n\t(a)\tif within the area of a council but not within a harbor—under the care, control and management of the council; and\n\t(b)\tin any other case—under the care, control and management of the Minister.\n18A—By-laws\n\t(1)\tA council may, with the approval of the relevant authority, make by-laws that operate in relation to—\n\t(a)\ta port or part of a port; or\n\t(b)\ta harbor or part of a harbor; or\n\t(c)\tadjacent or subjacent land that is neither within a port nor a harbor.\n\t(1a)\tThe relevant authority is—\n\t(a)\tfor a port—the port operator; or\n\t(b)\tin any other case—the Minister.\n\t(2)\tThe Local Government Act 1999 applies to by-laws made under this section as if—\n\t(a)\tany part of the harbor or land in relation to which the by-laws operate that is not within the area of the council were within the area of the council; and\n\t(b)\tany part of the harbor or land in relation to which the by-laws operate that is not under the care, control and management of the council were under the care, control and management of the council.\n\t(3)\tThe Governor may at any time, by notice in the Gazette, revoke by-laws made under this section.\n\t(4)\tThe Minister must consult with the council concerned before by-laws are revoked under subsection (3).\nDivision 5—Dealings with property\n19—Power to grant leases and licences over land\n\t(1)\tThe Minister may, on such terms and conditions as the Minister thinks fit, grant a lease of, a licence over, or other rights to occupy or use, land or a structure that is under the Minister's care, control and management under this Act.\n\t(2)\tThe Minister may, on such terms and conditions as the Minister thinks fit, sell or otherwise dispose of land or a structure that is under the Minister's care, control and management under this Act.\n\t(3)\tAn authority or body may, with the Minister's approval, grant a lease of, a licence over, or other rights to occupy or use, land or a structure under its care, control and management under this Act.\n","sortOrder":6},{"sectionNumber":"Div 6","sectionType":"division","heading":"Rateability of land","content":"Division 6—Rateability of land\n20—Rateability of land\n\t(1)\tSubject to subsection (2), land vested in the Crown under this Act is not rateable under the Local Government Act 1999.\n\t(2)\tIf any such land (other than subjacent land in a port) is occupied under a lease or licence by some person other than the Crown or an instrumentality or agency of the Crown, that person is liable as occupier of the land to rates levied under the Local Government Act 1999.\n","sortOrder":7},{"sectionNumber":"Div 7","sectionType":"division","heading":"Damage to property","content":"Division 7—Damage to property\n21—Liability for damage\n\t(1)\tIf property of the Crown or the Minister is damaged by a vessel, the owner of the vessel is liable to the Minister for the amount of the damage.\n\t(2)\tIf property in private ownership consisting of harbor facilities or a navigational aid is damaged by a vessel, the owner of the vessel is liable to the owner of the property for the amount of the damage.\n\t(3)\tThe liability may be enforced by action against the owner or by action against the vessel (or both).\n\t(4)\tThis section creates a strict liability that exists irrespective of fault and irrespective of whether the vessel is under compulsory pilotage at the time the damage is caused.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"General powers to protect navigation and to restrict use of waters","content":"Part 4—General powers to protect navigation and to restrict use of waters\nDivision 1—Navigational aids\n22—Control of navigational aids\n\t(1)\tThe Minister is entitled to possession and control of all navigational aids within the jurisdiction except those belonging to the Commonwealth.\n\t(2)\tThe Minister may, on terms and conditions consistent with any relevant port operating agreement, delegate to a port operator control over a navigational aid situated in, or on the approach to, the port.\n\t(3)\tIf a navigational aid existing at the commencement of this subsection is situated on land that was not then owned by the Minister, or is later disposed of, an easement over the land is created entitling the Minister—\n\t(a)\tto maintain a navigational aid on the land; and\n\t(b)\tto have such access to the land as may be necessary for operating, maintaining, repairing, replacing or removing the navigational aid.\n\t(4)\tIf the Minister reasonably requires access to land for the purpose of operating, maintaining, repairing, replacing or removing a navigational aid on adjacent land or waters, an easement is created conferring on the Minister the rights of access reasonably necessary for those purposes.\n23—Establishment of navigational aids\n\t(1)\tThe Minister may establish and maintain such navigational aids as the Minister considers necessary or desirable for the safe navigation of vessels within the jurisdiction.\n\t(2)\tThe Minister may direct any person who carries on a business involving the mooring, loading or unloading of vessels to establish, maintain and operate navigational aids of a specified kind at specified places.\n\t(3)\tA person who fails, without reasonable excuse, to comply with a direction under subsection (2) is guilty of an offence.\n24—Interference with navigational aids\n\t(1)\tA person must not, without the Minister's permission, interfere with a navigational aid.\n\t(2)\tFor the purposes of subsection (1), the mooring of a vessel to a navigational aid constitutes interference with the navigational aid.\n\t(3)\tIf the Minister is of the opinion that a particular light or signal might be confused with the light or signal produced by a navigational aid, the Minister may, by notice in writing to the person in charge of the device that produces the light or signal, require the person to take action specified in the notice to prevent the possibility of confusion.\n\t(4)\tIf a person fails to comply with a requirement under subsection (3) within the time allowed in the notice, the Minister may take the action specified in the notice and recover the cost of doing so from the person.\n\t(5)\tA person who fails, without reasonable excuse, to comply with a notice under subsection (3) is guilty of an offence.\nDivision 2—Clearance of wrecks\n25—Clearance of wrecks etc\n\t(1)\tThe Minister may, by notice in writing, require the owner of any wreck within the jurisdiction to remove the wreck.\n\t(1a)\tA port operator may, by notice in writing, require the owner of any wreck within the port to remove the wreck.\n\t(2)\tIf a person deposits any substance or thing within the jurisdiction so as to obstruct navigation, or to pollute waters, the Minister may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution.\n\t(2a)\tIf a person deposits any substance or thing within a port so as to obstruct navigation, or to pollute waters, the port operator may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution.\n\t(3)\tIf a person fails to comply with a requirement under this section within the time allowed in the notice, the Minister or the port operator (as the case requires) may remove the wreck or take the action specified in the notice and recover the costs of doing so, as a debt, from the person in default.\n\t(4)\tA person who fails without reasonable excuse to comply with a notice under this section is guilty of an offence.\n\t(5)\tA court by which a person is convicted of an offence against subsection (4) may, on application by the Minister or the port operator (as the case requires), order the convicted person to reimburse costs reasonably incurred by the applicant in acting under subsection (3) (to the extent those costs have not been already recovered).\nDivision 3—Restrictions on use of waters\n26—Licences for aquatic activities\n\t(1)\tThe CE may grant a licence entitling an organisation or person to use, in accordance with the terms and conditions of the licence, any waters within the jurisdiction for the purposes of an aquatic sport or activity or for any other purposes stated in the licence.\n\t(2)\tIf the licence is to be granted in relation to waters within a port, the CE may only grant the licence with the consent of the port operator (but the operator's consent must not be unreasonably withheld).\n\t(2a)\tIf the licence is to be granted in relation to waters that form part of the River Murray, the CE must—\n\t(a)\tconsult with the Minister to whom the administration of the River Murray Act 2003 is committed; and\n\t(b)\tcomply with the Minister's directions (if any) in relation to the issuing of the licence (including a direction that the licence not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister).\n\t(2b)\tIf the licence is to be granted in relation to waters that form part of—\n\t(a)\tthe Adelaide Dolphin Sanctuary—the CE must consult with and have regard to the views of the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\ta marine park—the CE must consult with and have regard to the views of the Minister to whom the administration of the Marine Parks Act 2007 is committed.\n\t(2c)\tThe regulations may exclude specified categories of licence from the operation of subsection (2a) or (2b).\n\t(3)\tThe licensee may be required by the terms and conditions of the licence to take specified action for the purposes of informing the public of the area of waters to which the licence relates and of the times the licensee is entitled to use of those waters in accordance with the licence.\n\t(4)\tA person who, without the consent of the licensee, intrudes into waters when the licensee has, under the licence, an exclusive right to use those waters is guilty of an offence.\nMaximum penalty: $750.1\n\t(5)\tThe CE may revoke a licence granted under this section for a breach of a term or condition of the licence.\n\t(6)\tIn this section—\nRiver Murray has the same meaning as in the River Murray Act 2003.\nNote—\n1\tBy virtue of Act No. 17 of 2001 s 4 (see Gazette 25.10.2001 p4686) the maximum penalty for this offence was fixed at $750 (no expiation fee) for 30 October 2001 only. Section 26 was substituted on 31 October 2001 by Act No. 81 of 2000 s 11 (see Gazette 25.10.2001 p4687).\n27—Restricted areas\n\t(1)\tThe Governor may, by regulation, regulate, restrict or prohibit—\n\t(a)\tthe entry of vessels or vessels of a specified class into specified waters within the jurisdiction; or\n\t(b)\tthe operation or use of vessels in specified waters within the jurisdiction; or\n\t(c)\taquatic activity or aquatic activity of a specified class in specified waters within the jurisdiction.\n\t(1a)\tA regulation may only be made under subsection (1) in relation to waters within a port with the consent of the port operator (but consent must not be unreasonably withheld).\n\t(2)\tThe Minister must take reasonable steps to inform the public of the nature of requirements of any regulation under this section and of the waters to which it applies by marking out the waters and erecting notices in the vicinity or by other appropriate means.\n\t(3)\tIf a regulation is made under this section at the request of a port operator (other than the Minister) or a council, the Minister may recover costs incurred under subsection (2) from the port operator or council as a debt.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Harbors and ports","content":"Part 5—Harbors and ports\nDivision A1—Declaration and constitution of harbors and ports\n27A—Declaration of harbor over area in private ownership\n\t(1)\tSubject to this section, a harbor may be declared in respect of a place, land or waters that is wholly or partly in private ownership.\n\t(2)\tNo regulation declaring a harbor or part of a harbor over a place, land or waters that are wholly or partly in private ownership may be made unless the Minister has obtained the agreement of the private owner of the place, land or waters.\n27B—Constitution of port comprising land or waters in private ownership\n\t(1)\tSubject to this section, land and waters constituted as a port may comprise land or waters that are wholly or partly in private ownership.\n\t(2)\tNo regulation constituting a port comprising land or waters that are wholly or partly in private ownership may be made unless the Minister has obtained the agreement of the private owner of the land or waters.\nDivision 1—Control and management of harbors and ports\n28—Control and management of harbors\nSubject to this Part, the Minister has the control and management of all harbors in the State.\n28A—Power to assign control and management of ports\n\t(1)\tThe Minister may, by agreement, confer on another (the proprietor) the right to carry on the business of operating a particular port.\n\t(2)\tThe proprietor must then enter into an agreement (a port operating agreement) under which the Minister assigns the control and management of the port to the proprietor or a nominee of the proprietor unless—\n\t(a)\tthe Minister and the proprietor enter into an agreement under which the Minister is to continue to have the control and management of the port; or\n\t(b)\tthe proprietor has committed a serious breach of a port operating agreement and the Minister has cancelled or refused to renew the agreement on that ground.\n\t(3)\tIf the Minister has the control and management of a port, the Minister may, subject to the terms of any agreement between the Minister and the proprietor, recover the costs of operating the port from the proprietor.\n28B—Port operating agreements\n\t(1)\tA port operating agreement is an agreement providing for the control and management of the port to which the agreement relates by the person (the port operator) to whom the control and management of the port is assigned under the agreement.\n\t(2)\tA port operating agreement—\n\t(a)\tmust require the port operator to have appropriate resources (including appropriate contingency plans and trained staff and equipment to carry the plans into action) to deal with emergencies; and\n\t(b)\tmust require the port operator—\n\t(i)\tto maintain the waters of the port to a specified navigable standard; and\n\t(ii)\tto provide or maintain (or provide and maintain) navigational aids; and\n\t(iii)\tto direct and control vessel movement in port waters; and\n\t(c)\tmay require the port operator to enter into and maintain in operation an agreement with the Royal Australian Navy about access to the port and port facilities by naval vessels; and\n\t(d)\tmay require the port operator to provide access to the port and port facilities for commercial fishing vessels on specified terms and conditions; and\n\t(e)\tmay require the port operator to maintain and make available navigational charts and other information relating to the port; and\n\t(f)\tmay regulate the performance of statutory powers by the port operator; and\n\t(g)\tmay provide for the payment of an annual fee to the Minister (fixed by the Minister having regard to the cost of providing government supervision of the activities conducted under the agreement); and\n\t(h)\tmay deal with any other matter relevant to the control and management of the port.\n28C—General responsibility of port operator\n\t(1)\tA port operator is responsible for the safe operation of the port.\n28D—Variation of port operating agreement\nThe Minister may, by agreement with the port operator, vary a port operating agreement.\n28E—Agreements to be tabled in Parliament\nThe Minister must, as soon as practicable after entering into a port operating agreement or an agreement for the variation of a port operating agreement, have copies of the agreement laid before both Houses of Parliament.\n28F—Power to deal with non-compliance\n\t(1)\tThe Minister may take disciplinary action against a port operator for non-compliance with a port operating agreement or this Act.\n\t(2)\tThe disciplinary action may consist of—\n\t(a)\ta reprimand; or\n\t(b)\ta fine not exceeding a limit fixed in the port operating agreement; or\n\t(c)\tcancellation of the port operating agreement.\n\t(3)\tBefore the Minister takes disciplinary action against a port operator under this section, the Minister must give written notice to the port operator—\n\t(a)\tspecifying the non-compliance; and\n\t(b)\tstating the disciplinary action the Minister proposes to take in respect of the non-compliance; and\n\t(c)\tallowing the port operator a reasonable opportunity to make written representations.\n\t(4)\tAfter considering the port operator's representations, the Minister may—\n\t(a)\trefrain from taking disciplinary action; or\n\t(b)\tby written notice to the port operator—\n\t(i)\tadminister a reprimand; or\n\t(ii)\timpose a fine (to be recoverable as a debt due to the Crown) of an amount stated in the earlier notice or of a lesser amount; or\n\t(iii)\tif cancellation of the port operating agreement was proposed in the earlier notice—\n\t(A)\timpose a fine not exceeding the maximum permissible under the port operating agreement; or\n\t(B)\tcancel the port operating agreement.\n\t(5)\tA port operator may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister to take disciplinary action against the port operator under this section.\n\t(5a)\tFor the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with expertise that would be of value to the Tribunal in relation to the proceedings.\n\t(5b)\tIn any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors.\n\t(5c)\tSection 37(1)(c)(ii) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply in relation to a review of a decision of the Minister to take disciplinary action against a port operator under this section.\n\t(7)\tThe port operating agreement may contain provisions governing the exercise of the Minister's powers under this section.\n28G—Power to appoint manager\n\t(1)\tIf—\n\t(a)\ta port operator is seriously in breach of its obligations under a port operating agreement; or\n\t(b)\ta port operating agreement is cancelled or expires without renewal,\nthe Minister may appoint an official manager to operate the port.\n\t(2)\tIf a port operator—\n\t(a)\tbecomes insolvent; or\n\t(b)\tgoes into liquidation,\nthe Minister may appoint an official manager to operate the port.\n\t(3)\tAn appointment under subsection (1) or (2) may be terminated at any time by the Minister.\n\t(4)\tThe port operating agreement may contain provisions governing the exercise of the Minister's powers under this section.\n\t(5)\tIn this section, becoming insolvent has the same meaning as in the prescribed provision under the Corporations Act 2001 of the Commonwealth.\n28H—Powers of the manager\n\t(1)\tThe official manager—\n\t(a)\tis to assume the control and management of the port; and\n\t(b)\tis entitled to possession and control of property of the port operator (or former port operator)—\n\t(i)\tused for the purpose of operating the port; and\n\t(ii)\tdefined in the port operating agreement as property subject to the application of this paragraph; and\n\t(c)\tis, while the appointment continues in force, taken to be the port operator.\n\t(2)\tAny proceeds of the business while under official management are to be applied as follows:\n\t(a)\tfirst, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and\n\t(b)\tsecondly, a reasonable rental for the property over which the manager has assumed control is to be paid out of the proceeds while the property remains in the manager's possession; and\n\t(c)\tthirdly, any remaining balance is to be paid into the Consolidated Account.\n\t(3)\tA port operating agreement may exclude or modify the provisions of subsection (1) or (2).\n\t(4)\tThe regulations may confer powers and impose duties on official managers and regulate official management in other ways.\nDivision 2—Port management officers\n29—Port management officers\n\t(1)\tA port operator may appoint officers or employees of the operator to be port management officers.\n\t(2)\tThe port operator must issue to each port management officer appointed by it an identity card—\n\t(a)\tcontaining a photograph of the officer; and\n\t(b)\tstating the name of the port for which the officer is appointed; and\n\t(c)\tstating any conditions of appointment limiting the officer's authority.\n\t(3)\tA port management officer must, at the request of any person in relation to whom the officer is exercising or about to exercise powers under this Act, produce the officer's identity card for inspection by that person.\nDivision 2AA—Harbor rules\n29AA—Harbor rules\n\t(1)\tThe Minister may, by notice in the Gazette, issue rules (the harbor rules) in relation to the operation of a relevant harbor.\n\t(2)\tThe harbor rules may address the following matters:\n\t(a)\tactivities that may or may not be undertaken by persons or vessels;\n\t(b)\tthe priority and safety of movement of vessels;\n\t(c)\tmaximum size limits for vessels;\n\t(d)\tminimum keel clearances for vessels;\n\t(e)\trequirements for anchoring and berthing of vessels;\n\t(f)\tcompetence and training rules for operators of vessels;\n\t(g)\tlimits on operating vessels in specified weather conditions;\n\t(h)\trequirements for communication equipment on vessels;\n\t(i)\trequirements for communication with a relevant person;\n\t(j)\tthe keeping of records by operators of vessels;\n\t(k)\trequirements for providing specified documents to a relevant person at a specified time, or in a specified manner;\n\t(l)\tthe reporting of incidents and hazards;\n\t(m)\tthe removal of vessels or any other thing from a relevant harbor on the request of the Minister or an authorised person;\n\t(n)\tany other matter the Minister thinks relevant to the operation of a relevant harbor.\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, amend or repeal a notice under this section.\n\t(4)\tA provision of the harbor rules—\n\t(a)\tmay be of general, limited or varied application according to the class of person or vessel, the relevant harbor, the circumstances or any other specified factor to which the provision is expressed to apply; and\n\t(b)\tmay provide that a matter or thing in respect of which a rule may be made is to be determined according to the discretion of the Minister or an authorised person.\n\t(5)\tA harbor rule applies despite any other provision in a by‑law made by a council under section 18A (and, to avoid doubt, if there is an inconsistency between a provision in a harbor rule and a provision in a by‑law, the provision in the harbor rule will prevail to the extent of the inconsistency).\n\t(6)\tThe Minister must cause the harbor rules to be made publicly available on a website maintained by the Minister.\n\t(7)\tA person who contravenes a harbor rule is guilty of an offence.\n\t(8)\tIn this section—\nrelevant harbor means—\n\t(a)\ta harbor that is not a port; or\n\t(b)\ta part of a harbor that is not within a port; or\n\t(c)\ta harbor or part of a harbor that is not subject to a port operating agreement; or\n\t(d)\ta harbor that is under the care, control and management of the Minister;\nrelevant person means 1 or any of the following:\n\t(a)\tthe CE;\n\t(b)\tthe department;\n\t(c)\tan authorised person;\n\t(d)\ta port operator;\n\t(e)\tthe operator of a vessel;\n\t(f)\tany other person the Minister thinks relevant to the operation of a relevant harbor.\n","sortOrder":10},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Operational powers","content":"Division 2A—Operational powers\n29A—Interpretation\nIn this Division—\nauthorised officer means—\n\t(a)\tin relation to a port—a port management officer;\n\t(b)\tin relation to a harbor that is not a port, or a part of a harbor that is not within a port—an authorised person.\n29B—Power of direction\n\t(1)\tAn authorised officer may give a direction (orally, by signal, radio communication, or in any other appropriate manner) to a person in charge, or apparently in charge, of a vessel in or in the vicinity of a harbor or a port.\n\t(2)\tA direction may, for example—\n\t(a)\trequire that vessels proceed to load or unload in a particular order; or\n\t(b)\trequire that a vessel be moored or anchored in a particular position; or\n\t(c)\trequire that a vessel be secured in a particular way; or\n\t(d)\trequire that a vessel be moved from a particular area or position; or\n\t(e)\trequire the production of documents relating to the navigation, operation, pilotage, use or loading of the vessel.\n\t(3)\tA person who fails, without reasonable excuse, to comply with a direction under this section is guilty of an offence.\n29C—Power to board vessel\n\t(1)\tA person in charge of a vessel in a harbor or port must, at the request of an authorised officer, permit the officer—\n\t(a)\tto board the vessel; and\n\t(b)\tto inspect the vessel and its cargo; and\n\t(c)\tto carry out on the vessel any investigation necessary to ensure that the vessel and the business in the course of which the vessel is being used is being operated lawfully.\n\t(2)\tIf there is no-one on board a vessel to whom a request may be given under subsection (1), the authorised officer may board the vessel and cause the vessel to be moved as the officer thinks fit.\n\t(3)\tAny costs incurred by an authorised officer under subsection (2) are recoverable as a debt from the owner of the vessel.\n\t(4)\tA person who fails to comply with a request under this section is guilty of an offence.\nDivision 3—Harbor improvement work\n30—Dredging or other similar work\n\t(1)\tThe Minister or a port operator may carry out dredging or other work to deepen, extend or clear a harbor or port.\n\t(2)\tIf the owner of a wharf benefits from work carried out by the Minister under subsection (1), the Minister may recover a reasonable proportion of the cost of the work from that owner.\n\t(3)\tThe proportion of the cost to be recovered is to be determined by agreement between the Minister and the owner or, in default of agreement, by an arbitrator appointed under the Commercial Arbitration Act 2011.\n30A—Development of harbors and maritime facilities\n\t(1)\tThe Minister or a port operator may carry out work of any kind for the development or improvement of a harbor or port.\n\t(2)\tThe Minister or port operator may, for example, establish facilities for—\n\t(a)\tthe anchorage or mooring of vessels;\n\t(b)\tthe maintenance and repair of vessels;\n\t(c)\tthe loading and unloading of passengers or goods;\n\t(d)\tthe storage of goods;\n\t(e)\tfacilitating industrial or commercial development associated with or to be associated with a harbor or port;\n\t(f)\tsporting or recreational purposes.\n\t(3)\tA port operator—\n\t(a)\tmust establish and maintain facilities and equipment for the safety of life and property in the port as required under a port operating agreement; and\n\t(b)\tmay establish and maintain other facilities and equipment for the safety of life and property.\n30B—Application of Planning, Development and Infrastructure Act 2016\nThe powers conferred by this Division are subject to the Planning, Development and Infrastructure Act 2016.\nDivision 4—Harbor charges etc\n31—Power to fix charges\n\t(1)\tSubject to any relevant law or determination, the Minister may fix charges—\n\t(a)\tfor the use of facilities provided by the Minister for—\n\t(i)\tthe mooring of vessels;\n\t(ii)\tthe loading or unloading of passengers or goods;\n\t(iii)\tthe storage of goods;\n\t(iv)\tthe safe navigation of vessels;\n\t(v)\tany other purpose; or\n\t(b)\tfor the entry of vessels into waters under the Minister's control and management; or\n\t(c)\tfor services provided by the Minister.\n\t(2)\tThe Minister may fix default charges to be paid if a charge fixed under this section is not paid within a specified period.\n\t(3)\tThe Minister must publish Schedules of the charges and default charges fixed under this section.\n31A—Power to waive or reduce charges\nThe Minister may waive or reduce a charge (or default charge), or extend the time for payment of a charge (or default charge), as the Minister thinks fit.\n31B—Charges in respect of goods\n\t(1)\tA charge (or default charge) payable under this Division in respect of the unloading or storage of goods is recoverable as a debt from the consignor or consignee of the goods.\n\t(2)\tThe Minister may retain possession of goods until the appropriate charge is paid.\n\t(3)\tIf the charge is not paid within 60 days after the goods are unloaded, the Minister may, after giving notice in writing to the consignee of the goods, sell the goods and retain the charge (together with any default charges and the costs of conducting the sale) from the proceeds of sale.\n31C—Charges in respect of vessels\n\t(1)\tIf a charge to which the Minister is entitled in respect of a vessel is not paid by the date payment falls due, an authorised person may, at the Minister's direction, arrest the vessel and take it into the Minister's custody.\n\t(2)\tIf the charge remains unpaid 60 days after the vessel is taken into the Minister's custody, the Minister may, after giving notice to the owner of the vessel, sell the vessel and retain the charge (together with any default charges and the costs of conducting the sale) from the proceeds of sale.\n31D—Power to prevent use of harbor or port facilities\n\t(1)\tIf a person is in default in the payment of a charge (or default charge) payable under this Division, the Minister may, by written notice given to the person in default, prohibit the person from using harbor or port facilities provided by the Crown until the charge has been paid.\n\t(2)\tA person must not use facilities in contravention of a prohibition imposed under subsection (1).\n","sortOrder":11},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Pilotage","content":"Part 5A—Pilotage\n33—Licensing of pilots\n\t(1)\tThe CE may license persons qualified in accordance with the regulations as pilots.\n\t(1a)\tA licence remains in force for the period specified in the regulations and may be renewed in accordance with the regulations.\n\t(2)\tA licence may be granted under this section on such conditions as the CE thinks fit.\n\t(3)\tThe CE may, by notice in writing to the holder of a licence under this Part, vary or revoke a condition of the licence.\n\t(4)\tA person who holds a licence under this Part must not contravene or fail to comply with a condition of the licence.\n\t(5)\tThe CE may, by notice in writing to a licensed pilot, cancel the licence if satisfied that the pilot—\n\t(a)\thas been guilty of incompetence or breach of duty; or\n\t(b)\thas breached a condition of licence; or\n\t(c)\thas suffered mental or physical incapacity rendering the pilot incapable of satisfactorily performing the duties of a pilot.\n\t(6)\tOn cancellation of a licence under this section, the former licensee must return the licence to the CE.\n34—Pilotage exemption certificate\n\t(1)\tThe CE may issue a pilotage exemption certificate to the master of a vessel in accordance with the regulations.\n\t(1a)\tA pilotage exemption certificate remains in force for the period specified in the regulations and may be renewed in accordance with the regulations.\n\t(2)\tA pilotage exemption certificate may be granted on such conditions as the CE thinks fit.\n\t(3)\tThe CE may, by notice in writing to the holder of a pilotage exemption certificate under this Part, vary or revoke a condition of the certificate.\n\t(4)\tA person who holds a pilotage exemption certificate under this Part must not contravene or fail to comply with a condition of the certificate.\n\t(4a)\tA pilotage exemption certificate lapses if the holder does not continue to have the periodic experience in the navigation of vessels required by the regulations.\n\t(5)\tThe CE may, by notice in writing to the holder of a pilotage exemption certificate, cancel the certificate if there are, in the CE's opinion, proper reasons for doing so.\n\t(6)\tOn cancellation of a pilotage exemption certificate under this section, the former holder of the certificate must return the certificate to the CE.\n35—Compulsory pilotage\n\t(1)\tA vessel 35 metres or more in length must not be navigated within a prescribed area unless—\n\t(a)\tthe vessel is navigated under the control or at the direction of a licensed pilot; or\n\t(b)\tthe master of the vessel holds a pilotage exemption certificate under this Part.\n\t(2)\tIf a vessel is navigated in contravention of this section, the owner and the master are each guilty of an offence.\n\t(4)\tThe CE may, subject to such conditions as the CE thinks fit, exempt a vessel from the requirements of this section.\n\t(5)\tIn this section—\nprescribed area means—\n\t(a)\ta harbor prescribed by the regulations for the purposes of this section; and\n\t(b)\tany other area of this jurisdiction prescribed by the regulations for the purposes of this section.\n36—Duties and immunities of pilots\n\t(1)\tThe duty of a pilot is to pilot the vessel subject to the authority of the master, and the fact that a vessel is under pilotage does not relieve the master from responsibility for the navigation of the vessel.\n\t(2)\tNo civil liability attaches to a pilot or to a pilot's employer for negligence by the pilot in relation to the pilotage of the vessel (but this subsection does not relieve from liability that may attach to a person as owner of a vessel).\n\t(3)\tThe liability of the owner or master of a ship for damage resulting from a fault in the navigation of the ship is unaffected by the fact that the vessel is under pilotage or that the pilotage is compulsory.\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"Boat operator's licence etc","content":"Part 7—Boat operator's licence etc\n46—Vessels to which this Part applies\nThis Part applies to—\n\t(a)\ta vessel fitted with an engine; and\n\t(b)\tany other vessel of a class declared by regulation to be a class of vessels to which this Part applies.\n47—Requirement for boat operator's licence, exemption or permit\n\t(3)\tA person must not operate a vessel to which this Part applies unless that person holds—\n\t(b)\tan exemption from the requirement to hold a boat operator's licence; or\n\t(c)\ta special permit granted under the regulations; or\n\t(d)\ta prescribed certificate of competency that is in force.\nExpiation fee: $315.\n\t(3a)\tA person must not cause, suffer or permit another to operate a vessel to which this Part applies unless the other person holds—\n\t(b)\tan exemption from the requirement to hold a boat operator's licence; or\n\t(c)\ta special permit granted under the regulations; or\n\t(d)\ta prescribed certificate of competency that is in force.\nExpiation fee: $315.\n\t(4)\tThis section does not apply in relation to a hire and drive vessel (within the meaning of section 47A).\n\t(5)\tA person who commits an offence against this section while disqualified from holding a boat operator's licence is liable to a fine of twice the amount prescribed above.\n\t(6)\tIn this section—\nprescribed certificate of competency means—\n\t(a)\ta certificate of competency (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law); or\n\t(b)\ta certificate of competency (however described) issued by a State or Territory that continues to have effect pursuant to transitional provisions made under the Marine Safety (Domestic Commercial Vessel) National Law),\nbut does not include a certificate of competency of a kind declared by the regulations not to be a prescribed certificate of competency for the purposes of this definition (whether generally or in relation to the operation of a vessel in a particular area).\n47A—Requirements for operators of hire and drive vessels\n\t(1)\tWithout limiting section 46, this section applies to, or in relation to, an excluded vessel that is a hire and drive vessel fitted with an engine.\n\t(2)\tA person must not operate a hire and drive vessel fitted with an engine unless the person holds—\n\t(b)\ta prescribed certificate of competency; or\n\t(c)\tan exemption from the operation of this subsection; or\n\t(d)\ta special permit granted under the regulations.\n\t(3)\tA person must not cause, suffer or permit another to operate a hire and drive vessel fitted with an engine unless the other person holds—\n\t(b)\ta prescribed certificate of competency; or\n\t(c)\tan exemption from the operation of this subsection; or\n\t(d)\ta special permit granted under the regulations.\n\t(4)\tHowever, subsections (2) and (3) do not apply in relation to—\n\t(a)\tthe operation on the River Murray system (within the meaning of the River Murray Act 2003) between the border of South Australia and a line joining the upstream sides of the landings used by the ferry at Wellington of a hire and drive vessel that is a houseboat by a person who—\n\t(i)\tis at least 18 years of age; and\n\t(ii)\tholds either—\n\t(A)\ta current driver's licence under the Motor Vehicles Act 1959 endorsed with the classification C or R; or\n\t(B)\ta current interstate licence or foreign licence (as defined in the Motor Vehicles Act 1959) authorising the person to drive motor vehicles of the kind that may be driven pursuant to a driver's licence referred to in subsubparagraph (A) and is, by virtue of section 97A of that Act, authorised to drive such motor vehicles on roads in this State; and\n\t(iii)\thas received such practical and written instruction in relation to the operation of the houseboat as the regulations may require; or\n\t(b)\tthe operation in waters specified by the CE for the purposes of this paragraph of a hire and drive small vessel by a person who—\n\t(i)\tis at least 16 years of age; and\n\t(ii)\thas received such practical and written instruction in relation to the operation of the vessel as the regulations may require.\n\t(5)\tFor the purposes of subsection (4)(b), the CE may specify waters—\n\t(a)\tby reference to particular waters, or waters of a specified class; or\n\t(b)\tby reference to the waters in which a particular hire and drive small vessel, or a hire and drive vessel of a specified class, may be operated.\n\t(6)\tFor the purposes of this section, a vessel will be taken to be a houseboat if—\n\t(a)\tthe vessel has facilities for overnight accommodation; and\n\t(b)\t—\n\t(i)\tall the living facilities are on or above the deck of the vessel; or\n\t(ii)\talthough not all the living facilities are on or above the deck of the vessel, the vessel is designed and constructed as a river boat providing living facilities similar to that provided in a residential building and the CE and the owner of the vessel agree that the vessel is to be classed as a houseboat.\n\t(7)\tA person who commits an offence against subsection (2) while disqualified from holding a boat operator's licence or prescribed certificate of competency (as the case requires) is liable to a fine of twice the amount prescribed above.\n\t(8)\tIn this section—\npersonal watercraft means a device that—\n\t(a)\tis propelled by a motor; and\n\t(b)\thas a fully enclosed hull; and\n\t(c)\tis designed not to retain water if capsized; and\n\t(d)\tis designed to be operated by a person who sits astride, stands, or kneels on the device,\nand includes the device commonly referred to as a jet ski;\nprescribed certificate of competency has the same meaning as in section 47;\nhire and drive small vessel means a hire and drive vessel that is—\n\t(a)\ta personal watercraft; or\n\t(b)\ta motorised dinghy having a length not exceeding 5 m;\nhire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants.\n48—Issue of boat operator's licence or exemption\n\t(1)\tThe CE must arrange for the examination of applicants seeking a boat operator's licence.\n\t(2)\tA person who—\n\t(a)\tpasses the examination for a boat operator's licence; and\n\t(b)\tsatisfies any requirements set out in the regulations in relation to the issue of a boat operator's licence; and\n\t(c)\tsatisfies the CE that the person is a fit and proper person to hold a boat operator's licence,\nis entitled to be issued with a boat operator's licence.\n\t(3)\tA person who is entitled to a boat operator's licence will, on payment of the fee fixed by regulation, be issued with a boat operator's licence.\n\t(4)\tA boat operator's licence continues in operation without renewal and without payment of any further fee.\n\t(5)\tThe CE may, on such conditions as the CE thinks fit, exempt a person from the obligation to sit an examination for a boat operator's licence, or to hold a boat operator's licence.\n49—Cancellation of boat operator's licence by court\nWhere a court convicts the holder of a boat operator's licence of an offence against this Act showing the holder to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation, the court may, in addition to imposing any other penalty, cancel the boat operator's licence and disqualify the holder from again holding a boat operator's licence for a specified period or until further order.\n50—Cancellation of boat operator's licence by CE\n\t(1)\tIf the holder of a boat operator's licence—\n\t(a)\tis shown by the findings of the Court of Marine Enquiry or a court or tribunal with similar powers under the law of some other place to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or\n\t(b)\tis convicted of an offence showing the holder of the boat operator's licence to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or\n\t(c)\tis disqualified from holding a qualification equivalent to a boat operator's licence (however described) under the law of another place, or\n\t(d)\tis shown to have suffered mental or physical incapacity rendering the holder incapable of satisfactorily operating a vessel or performing duties pursuant to the boat operator's licence,\nthe CE may, by notice in writing given to the holder, cancel the boat operator's licence and disqualify the holder from again holding a boat operator's licence for a specified period or until further notice.\n\t(2)\tIf the holder of a qualification under the law of some other place—\n\t(a)\tis convicted of an offence showing the holder of the qualification to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or\n\t(b)\thas been found by the Court of Marine Enquiry or a court or tribunal with similar powers under the law of some other place to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation, or\n\t(c)\tis shown to have suffered mental or physical incapacity rendering the holder incapable of satisfactorily operating a vessel or performing duties pursuant to the qualification,\nthe CE may declare the qualification to be inoperative in the jurisdiction and while such a declaration remains in force the person to whom it relates will not be regarded as the holder of a qualification equivalent to a boat operator's licence.\n\t(3)\tOn cancellation of a boat operator's licence (under this or any other section of this Act), the former holder of the boat operator's licence must return the boat operator's licence to the CE.\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"Hire of vessels","content":"Part 8—Hire of vessels\n51—Vessels to which this Part applies\nThis Part applies to vessels of a class declared by regulation to be a class of vessels to which this Part applies.\n52—Obligation to hold licence\nA person must not carry on a business of hiring out vessels to which this Part applies unless licensed to do so under this Part.\n52A—Duration and granting of licence\n\t(1)\tA licence under this Part remains in force for the period specified in the regulations and may be renewed in accordance with the regulations.\n\t(2)\tThe regulations may set out the circumstances in which the CE may grant or refuse to grant a licence under this Part.\n53—Terms and conditions of licence\n\t(1)\tA licence under this Part may be granted subject to such conditions as the CE thinks fit and specifies in the licence.\n\t(2)\tThe CE may, by notice in writing to the holder of a licence under this Part, vary or revoke a condition of the licence.\n\t(3)\tA person who holds a licence under this Division must not contravene or fail to comply with a condition of the licence.\n\t(4)\tThe CE may, by notice in writing to the licensee, cancel a licence for breach of a condition.\n\t(5)\tOn cancellation of a licence under this section, the former licensee must return the licence to the CE.\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"Registration and Australian Builders Plates","content":"Part 9—Registration and Australian Builders Plates\nDivision 1—Registration of vessels\n54—Application of Division\nThis Division applies to—\n\t(a)\ta vessel fitted with an engine; and\n\t(b)\tany other vessel of a class declared by regulation to be a class of vessels to which this Division applies.\n55—Registration\n\t(1)\tA vessel to which this Division applies must not be operated in the jurisdiction unless it is registered and marked in accordance with the regulations.\n\t(2)\tIf a vessel to which this Division applies is operated in the jurisdiction contrary to this section, the owner and operator of the vessel are each guilty of an offence (but it is a defence to a charge of such an offence brought against the owner for the owner to prove that the vessel was operated without the owner's consent).\nExpiation fee: \n\t(a)\tif the vessel is registered but not marked in accordance with the regulations—$210;\n\t(b)\tif the vessel is marked in accordance with the regulations but not registered—$315;\n\t(c)\tif the vessel is neither registered nor marked in accordance with the regulations—$525.\n\t(3)\tThe CE may, subject to such conditions as the CE thinks fit, grant exemptions from the requirements of this section.\nDivision 4—Australian Builders Plates\n64A—Application of Division\n\t(1)\tThis Division applies in respect of vessels of a class declared by regulation to be a class of vessels in respect of which an Australian Builders Plate is required.\n\t(2)\tNothing in this Division affects a provision under this Act requiring—\n\t(a)\tthe operator of a vessel to ensure that the number of persons carried on the vessel does not exceed the number stated on a compliance plate affixed to the vessel or set out in the regulations (as the case may require); or\n\t(b)\ta compliance plate to be affixed to a vessel.\n64B—Certain vessels not to be sold without Australian Builders Plate affixed etc\n\t(1)\tA person must not, without the approval of the CE, sell or supply a vessel to which this Division applies unless—\n\t(a)\tan Australian Builders Plate is affixed to the vessel in accordance with the regulations; and\n\t(b)\tthe information contained on the Australian Builders Plate is correct at the time of the sale or supply.\nMaximum penalty: $10 000.\n\t(2)\tThis section does not apply in the case of the sale or supply of a vessel—\n\t(a)\tdeclared by the regulations to have been constructed before the commencement of this section; or\n\t(b)\tthat is the second, or a subsequent, sale or supply of the vessel (disregarding any sale or supply that is for a purpose related to the manufacture of the vessel).\n\t(3)\tA person must not affix, or cause to be affixed, an Australian Builders Plate to a vessel if the person knows, or ought reasonably to have known, that the information contained on the plate was incorrect.\n\t(4)\tA person must not alter an Australian Builders Plate affixed to a vessel if the person knows, or ought reasonably to have known, that the alteration would result in the information contained on the plate being incorrect.\n\t(5)\tA person must not remove an Australian Builders Plate that is affixed to a vessel except—\n\t(a)\tin order to replace it with another Australian Builders Plate; or\n\t(b)\twith the approval of the CE.\n\t(6)\tA person must not deface or conceal an Australian Builders Plate that is affixed to a vessel.\n\t(7)\tIn this section—\nsell or supply includes offer for sale or supply.\n64C—General defence\n\t(1)\tIt is a defence to a charge of an offence against section 64B(1) if the defendant believed on reasonable grounds that the vessel—\n\t(a)\twas to be exported as soon as practicable after the sale of the vessel by the defendant; or\n\t(b)\twas to be used solely for the purpose of racing in organised events (including training in, or testing of, the vessel in respect of such racing).\n\t(2)\tIt is a defence to a charge of an offence against section 64B(1), (5) or (6) if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\nAustralia includes the external Territories;\nexported means exported to a place outside of Australia.\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"Safety","content":"Part 10—Safety\nDivision 1—Safety generally\n65—General requirements\n\t(1)\tA vessel must not be operated in the jurisdiction if—\n\t(a)\tthe vessel is unsafe;\n\t(b)\tthe vessel does not have the equipment or markings required by the regulations or the equipment is not in good working order;\n\t(c)\tthe vessel is overloaded or is not properly loaded in accordance with the regulations.\n\t(2)\tIf a vessel is operated in the jurisdiction contrary to subsection (1), the owner and operator are each guilty of an offence.\nExpiation fee: \n\t(a)\tif 1 or 2 items of equipment are involved—$105;\n\t(b)\tif 3 or 4 items of equipment are involved—$210;\n\t(c)\tif more than 4 items of equipment are involved—$315.\n65A—Requirement to have emergency position indicating radio beacon\n\t(1)\tA vessel of a class specified by the regulations must not be operated in the jurisdiction unless it is carrying an emergency position indicating radio beacon that complies with the requirements specified by the regulations.\n\t(2)\tIf a vessel is operated in the jurisdiction contrary to subsection (1), the owner and operator are each guilty of an offence.\nExpiation fee: $400.\n66—Power to prohibit use etc of unsafe vessel\n\t(1)\tIf the CE suspects, on reasonable grounds—\n\t(a)\tthat a vessel is unsafe; or\n\t(b)\tthat a vessel does not have the equipment or markings required by this Act or the regulations or the equipment is not in good working order; or\n\t(c)\tthat a vessel is overloaded or is not properly loaded in accordance with the regulations,\nthe CE may, by order, do 1 or more of the following:\n\t(a)\tprohibit the use of the vessel;\n\t(b)\trequire the vessel to be taken out of the water as soon as is reasonably practicable;\n\t(c)\trequire that the vessel not be returned to the water until any conditions specified in the order have been satisfied.\n\t(2)\tIf an order is made under this section while the vessel is under way, the vessel must be brought as soon as possible to safe anchorage or be taken as soon as possible out of the water.\n\t(3)\tExcept as provided in subsection (2), if a vessel is operated contrary to an order under subsection (1), the owner and operator of the vessel are each guilty of an offence.\n67—Minister's power to act in an emergency\n\t(1)\tIn an emergency, the Minister may take action for the purpose of avoiding or minimising danger to human life or damage to property.\n\t(2)\tThe Minister may (for example) exercise one or more of the following powers:\n\t(a)\ttake control of a harbor or harbor facility;\n\t(b)\tissue directions to the owner or operator of a vessel (including a direction to sink or destroy the vessel);\n\t(c)\tissue any other directions the Minister considers appropriate in the circumstances.\n\t(3)\tA person who—\n\t(a)\tobstructs the Minister in the exercise of powers under this section; or\n\t(b)\tfails to comply with a direction under this section,\n\t(4)\tA port operating agreement may contain provisions governing the exercise of the Minister's powers under this section in relation to the port.\n\t(5)\tThis section applies to, or in relation to, an excluded vessel.\n67A—Safety direction\n\t(1)\tThe Minister may, by notice in the Gazette, issue a direction (a safety direction) imposing restrictions in a specified area within the jurisdiction if the Minister considers it appropriate to ensure—\n\t(a)\tthe safety of the public; or\n\t(b)\tthe protection of vessels or other property; or\n\t(c)\tthe safety of users of waters within the specified area or occupiers of land adjoining those waters.\n\t(2)\tWithout limiting the generality of subsection (1), a safety direction may impose restrictions in relation to 1 or any of the following:\n\t(a)\tthe speed of vessels;\n\t(b)\tthe use of vessels in specified areas;\n\t(c)\tnavigation and other movement of vessels;\n\t(d)\tthe use of vessels for particular purposes;\n\t(e)\tthe mooring or anchoring of vessels;\n\t(f)\tundertaking specified activities;\n\t(g)\tany other matter the Minister considers appropriate in the circumstances.\n\t(3)\tA safety direction may apply to—\n\t(a)\tadjacent or subjacent land; or\n\t(b)\tstructures situated on adjacent or subjacent land (except land and structures in private ownership).\n\t(4)\tA safety direction must set out the following:\n\t(a)\tthe period during which the direction is to remain in force;\n\t(b)\tthe specified area to which the direction relates;\n\t(c)\tthe restrictions to be imposed by the direction;\n\t(d)\tany other matter that the Minister considers relevant.\n\t(5)\tA safety direction in force under this section applies despite any other by‑law made, or authorisation given, by a council under this Act or any other Act or law.\n\t(6)\tThe Minister must cause a safety direction that is in force under this section to be made publicly available on a website maintained by the Minister.\n\t(7)\tA person must not, without reasonable excuse, fail to comply with a safety direction that is in force under this section.\nDivision 2—CE may require survey\n68—CE may require survey\n\t(1)\tIf the CE is of the opinion that there are reasonable grounds to suspect that a vessel may be unsafe, that a vessel does not have the equipment or markings required by the regulations or that its equipment may not be in good working order, the CE may, by notice in writing to the owner of the vessel, require the owner to obtain a certificate from a surveyor accredited or otherwise recognised under the Marine Safety (Domestic Commercial Vessel) National Law certifying that—\n\t(a)\tthe vessel is safe; and\n\t(b)\tthe vessel has the equipment and markings required by this Act and the regulations and the equipment is in good working order.\n\t(2)\tA notice under this section may prohibit the use of the vessel until the certificate is obtained.\n\t(3)\tA person who—\n\t(a)\tfails without reasonable excuse to obtain a certificate of survey within the time allowed by a notice under this section; or\n\t(b)\tuses a vessel contrary to a notice under this section,\nDivision 3—Operation of vessels\n69—Careless operation of a vessel\n\t(1)\tA person who operates a vessel without due care for the safety of any person or property is guilty of an offence.\nMaximum penalty: \n\t(a)\tfor an aggravated offence—12 months imprisonment; or\n\t(b)\tfor any other offence—$5 000.\n\t(2)\tFor the purposes of this section, an aggravated offence is—\n\t(a)\tan offence that caused harm to a person; or\n\t(b)\tan offence committed in any of the following circumstances:\n\t(i)\tthe offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;\n\t(ii)\tthe offender was, at the time of the offence, operating the vessel in contravention of section 70(1).\n\t(3)\tIf a person is charged with an aggravated offence against this section, the circumstances alleged to aggravate the offence must be stated in the instrument of charge.\n\t(4)\tIn this section—\nharm has the same meaning as in section 21 of the Criminal Law Consolidation Act 1935.\n69A—Dangerous operation of a vessel\nA person who operates a vessel at a dangerous speed or in a dangerous manner is guilty of an offence.\nMaximum penalty: Imprisonment for 2 years.\nDivision 4—Alcohol and other drugs\n70—Alcohol and other drugs\n\t(1)\tIf—\n\t(a)\ta person operates a vessel or is a member of the crew of a vessel who is, or ought to be, engaged in duties affecting the safe navigation, operation or use of the vessel; and\n\t(b)\tthat person is so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vessel or of effectively discharging the duties that the person is or ought to be performing (as the case requires),\n\t(a)\tfor a first offence—\n\t(i)\ta fine of not less than $1 100 and not more than $1 600; or\n\t(ii)\timprisonment for not more than 3 months;\n\t(b)\tfor a subsequent offence—\n\t(i)\ta fine of not less than $1 900 and not more than $2 900; or\n\t(ii)\timprisonment for not more than 6 months.\n\t(2)\tIf—\n\t(a)\ta person operates a vessel or is a member of the crew of a vessel who is, or ought to be, engaged in duties affecting the safe navigation, operation or use of the vessel; and\n\t(b)\tthe prescribed concentration of alcohol is present in the blood of that person,\n\t(a)\tfor a first offence—\n\t(ii)\tif the offence is a category 2 offence—a fine of not less than $900 and not more than $1 300;\n\t(iii)\tif the offence is a category 3 offence—a fine of not less than $1 100 and not more than $1 600;\n\t(b)\tfor a second offence—\n\t(ii)\tif the offence is a category 2 offence—a fine of not less than $1 100 and not more than $1 600;\n\t(iii)\tif the offence is a category 3 offence—a fine of not less than $1 600 and not more than $2 400;\n\t(c)\tfor a subsequent offence—\n\t(ii)\tif the offence is a category 2 offence—a fine of not less than $1 500 and not more than $2 200;\n\t(iii)\tif the offence is a category 3 offence—a fine of not less than $1 900 and not more than $2 900.\n\t(3)\tIf—\n\t(a)\ta person operates a vessel or is a member of the crew of a vessel who is, or ought to be, engaged in duties affecting the safe navigation, operation or use of the vessel; and\n\t(b)\ta prescribed drug is present in the oral fluid or blood of that person,\n\t(a)\tfor a first offence—a fine of not less than $900 and not more than $1 300;\n\t(b)\tfor a second offence—a fine of not less than $1 100 and not more than $1 600;\n\t(c)\tfor a third or subsequent offence—a fine of not less than $1 500 and not more than $2 200.\n\t(3a)\tSubject to subsection (3b), it is a defence to a charge of an offence against subsection (3) if the defendant proves that the defendant did not knowingly consume the prescribed drug present in the defendant's oral fluid or blood.\n\t(3b)\tSubsection (3a) does not apply if the defendant consumed the prescribed drug believing that the defendant was consuming a substance unlawfully but was mistaken as to, unaware of or indifferent to the identity of the prescribed drug.\n\t(4)\tIn determining whether an offence is a first, second or subsequent offence for the purposes of this section, any previous prescribed alcohol or drug offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n71—Authorised person may require alcotest or breath analysis\n\t(1)\tAn authorised person may require—\n\t(a)\ta person who is operating a vessel or who has operated a vessel; or\n\t(b)\ta person who is or was a member of the crew of a vessel that is being operated or has been operated, and who is or was, or ought to be or to have been engaged in duties affecting the safe navigation, operation or use of the vessel,\nto submit to an alcotest or a breath analysis, or both.\n\t(2)\tAn authorised person may direct a person who is apparently in charge of a vessel to stop the vessel and may give other reasonable directions for the purpose of making a requirement under this section that a person submit to an alcotest or a breath analysis.\n\t(3)\tA person must forthwith comply with a direction under subsection (2).\nMaximum penalty: $2 900.\n\t(4)\tAn alcotest or a breath analysis to which a person has been required to submit under this section may not be commenced more than 8 hours after—\n\t(a)\tthe person ceased to operate a vessel; or\n\t(b)\tthe person was a member of the crew of a vessel who was, or ought to have been, engaged in duties affecting the safe navigation, operation or use of the vessel.\n\t(5)\tThe performance of an alcotest or a breath analysis that has been required under this section commences when a direction is first given by an authorised person that the person concerned exhale into the alcotest apparatus or breath analysing instrument to be used for the alcotest or breath analysis.\n\t(6)\tA breath analysis may only be conducted by a person authorised by the Commissioner of Police to operate a breath analysing instrument.\n\t(7)\tThe regulations may prescribe the manner in which an alcotest or breath analysis is to be conducted and may, for example, require that more than 1 sample of breath is to be provided for testing or analysis and, in such a case, specify which reading of the apparatus or instrument will be taken to be the result of the alcotest or breath analysis for the purposes of this Division and any other Act.\n\t(8)\tA person required under this section to submit to an alcotest or a breath analysis must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the alcotest or breath analysis is conducted in accordance with the directions of the authorised person.\n\t(a)\tfor a first offence—a fine of not less than $1 100 and not more than $1 600;\n\t(b)\tfor a subsequent offence—a fine of not less than $1 900 and not more than $2 900.\n\t(9)\tIt is a defence to a prosecution under subsection (8) that—\n\t(a)\tthe requirement or direction to which the prosecution relates was not lawfully made; or\n\t(b)\tthe person was not allowed the opportunity to comply with the requirement or direction after having been given the prescribed oral advice in relation to—\n\t(i)\tthe consequences of refusing or failing to comply with the requirement or direction; and\n\t(ii)\tthe person's right to request the taking of a blood sample under subsection (10); or\n\t(c)\tthere was, in the circumstances of the case, good reason for the defendant to refuse or fail to comply with the requirement or direction.\n\t(10)\tIf a person fails to comply with the requirement or direction under this section by reason of some physical or medical condition of the person and forthwith makes a request of an authorised person that a sample of the person's blood be taken by a medical practitioner or registered nurse, an authorised person must do all things reasonably necessary to facilitate the taking of a sample of the person's blood—\n\t(a)\tby a medical practitioner or registered nurse nominated by the person; or\n\t(b)\tif—\n\t(i)\tit becomes apparent to the authorised person that there is no reasonable likelihood that a medical practitioner or registered nurse nominated by the person will be available to take the sample within 1 hour of the time of the request at some place not more than 10 kilometres distant from the place of the request; or\n\t(ii)\tthe person does not nominate a particular medical practitioner or registered nurse,\nby any medical practitioner or registered nurse who is available to take the sample.\n\t(11)\tA person is not entitled to refuse or fail to comply with a requirement or direction under this section on the ground that—\n\t(a)\tthe person would, or might, by complying with that requirement or direction, furnish evidence that could be used against the person; or\n\t(b)\tthe person consumed alcohol after the person last operated a vessel or attempted to put a vessel in motion and before the requirement was made or the direction was given.\n\t(12)\tA person may not raise a defence that the person had good cause for a refusal or failure to comply with a requirement or direction under this section by reason of some physical or medical condition of the person unless—\n\t(a)\ta sample of the person's blood was taken in accordance with subsection (10); or\n\t(b)\tthe person made a request as referred to in that subsection, but—\n\t(i)\tan authorised person failed to facilitate the taking of a sample of the person's blood as required by that subsection; or\n\t(ii)\ta medical practitioner or registered nurse was not reasonably available for the purpose of taking such a sample; or\n\t(c)\tthe taking of a sample of a person's blood in accordance with subsection (10) was not possible or reasonably advisable or practicable in the circumstances by reason of some physical or medical condition of the person.\n\t(13)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous prescribed alcohol or drug offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n\t(14)\tIf a person—\n\t(a)\trefuses or fails to comply with a direction under this section; or\n\t(b)\tsubmits to an alcotest and the alcotest indicates that the prescribed concentration of alcohol may be present in the blood of the person,\nthere will be reasonable ground to suspect that the prescribed concentration of alcohol is present in the person's blood for the purposes of the exercise of any power conferred on a police officer (including a power of arrest) to prevent the person committing an offence by operating a vessel in contravention of this Division.\n\t(15)\tSubsection (14) does not limit the circumstances in which such a power may otherwise be exercised by a police officer under this or any other Act.\n72—Authorised person may require drug screening test, oral fluid analysis and blood test\n\t(1)\tIf a person has submitted to an alcotest or a breath analysis as a result of a requirement under section 71, an authorised person may require the person to submit to a drug screening test.\n\t(2)\tIf—\n\t(a)\ta person has submitted to a drug screening test as a result of a requirement under subsection (1) and the drug screening test indicates the presence of a prescribed drug in the person's oral fluid; or\n\t(b)\ta person has submitted to an alcotest or breath analysis as a result of a requirement under section 71(1) that was made in prescribed circumstances,\nan authorised person may require the person to submit to an oral fluid analysis or a blood test.\n\t(3)\tIf a person submits to an oral fluid analysis in compliance with a requirement made under subsection (2) but the person is unable to produce sufficient oral fluid for a sample to be taken, an authorised person may require that the person submit to a blood test.\n\t(4)\tAn authorised person may give reasonable directions for the purpose of making a requirement under this section that a person submit to a drug screening test, oral fluid analysis or blood test.\n\t(5)\tA person must forthwith comply with a direction under subsection (4).\nMaximum penalty: $2 900.\n\t(6)\tA drug screening test, oral fluid analysis or blood test to which a person has been required to submit under this section may not be commenced more than 8 hours after—\n\t(a)\tthe person ceased to operate a vessel; or\n\t(b)\tthe person was a member of the crew of a vessel who was, or ought to have been, engaged in duties affecting the safe navigation, operation or use of the vessel.\n\t(7)\tThe performance of a drug screening test, oral fluid analysis or blood test that has been required under this section commences when a direction is first given by an authorised person that the person concerned provide a sample of oral fluid or blood (as the case may be) to be used for the drug screening test, oral fluid analysis or blood test.\n\t(8)\tA drug screening test may only be conducted by—\n\t(a)\ta police officer; or\n\t(b)\ta person authorised by the Commissioner of Police to conduct such tests.\n\t(9)\tThe regulations may prescribe the manner in which a drug screening test, oral fluid analysis or blood test is to be conducted.\n\t(10)\tA person required under this section to submit to a drug screening test, oral fluid analysis or blood test must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to allow a sample of oral fluid or blood to be taken in accordance with the directions of an authorised person.\n\t(a)\tfor a first offence—a fine of not less than $900 and not more than $1 300;\n\t(b)\tfor a subsequent offence—a fine of not less than $1 500 and not more than $2 200.\n\t(11)\tIt is a defence to a prosecution under subsection (10) that—\n\t(a)\tthe requirement or direction to which the prosecution relates was not lawfully made; or\n\t(b)\tthe person was not allowed the opportunity to comply with the requirement or direction after having been given the prescribed oral advice in relation to—\n\t(i)\tthe consequences of refusing or failing to comply with the requirement or direction; and\n\t(ii)\tin the case of—\n\t(A)\ta drug screening test or an oral fluid analysis—the person's right to request the taking of a blood sample under subsection (12); or\n\t(B)\ta blood test—the person's right to request an oral fluid analysis under subsection (13); or\n\t(c)\tthere was, in the circumstances of the case, good cause for the refusal or failure of the defendant to comply with the requirement or direction.\n\t(12)\tIf a person of whom a requirement is made or to whom a direction is given under this section relating to a drug screening test or oral fluid analysis refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the person and forthwith makes a request of an authorised person that a sample of the person's blood be taken by a medical practitioner or registered nurse, an authorised person must do all things reasonably necessary to facilitate the taking of a sample of the person's blood—\n\t(a)\tby a medical practitioner or registered nurse nominated by the person; or\n\t(b)\tif—\n\t(i)\tit becomes apparent to the authorised person that there is no reasonable likelihood that a medical practitioner or registered nurse nominated by the person will be available to take the sample within 1 hour of the time of the request at some place not more than 10 kilometres distant from the place of the request; or\n\t(ii)\tthe person does not nominate a particular medical practitioner or registered nurse,\nby any medical practitioner or registered nurse who is available to take the sample.\n\t(13)\tIf a person of whom a requirement is made or to whom a direction is given under this section relating to a blood test refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the person and forthwith makes a request of an authorised person that an oral fluid analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of an oral fluid analysis unless—\n\t(a)\ta requirement or direction under this section relating to a drug screening test or oral fluid analysis has been made of, or been given to, the person; and\n\t(b)\t—\n\t(i)\tthe person refused or failed to comply with that requirement or direction on the ground of some physical or medical condition of the person and made a request under subsection (12) for a sample of the person's blood to be taken in accordance with that subsection; or\n\t(ii)\tthe person was unable to produce sufficient oral fluid for a sample to be taken.\n\t(14)\tA person is not entitled to refuse or fail to comply with a requirement or direction under this section on the ground that—\n\t(a)\tthe person would, or might, by complying with that requirement or direction, furnish evidence that could be used against the person; or\n\t(b)\tthe person consumed a prescribed drug after the person last operated a vessel or was on duty as a member of the crew of a vessel and before the requirement was made or the direction was given.\n\t(15)\tA person may not raise a defence that the person had good cause for a refusal or failure to comply with a requirement or direction under this section relating to a drug screening test or oral fluid analysis by reason of some physical or medical condition of the person unless—\n\t(a)\ta sample of the person's blood was taken in accordance with subsection (12); or\n\t(b)\tthe person made a request as referred to in subsection (12), but—\n\t(i)\tan authorised person failed to facilitate the taking of a sample of the person's blood as required by that subsection; or\n\t(ii)\ta medical practitioner or registered nurse was not reasonably available for the purpose of taking such a sample; or\n\t(c)\tthe taking of a sample of the person's blood in accordance with subsection (12) was not possible or reasonably advisable or practicable in the circumstances by reason of some physical or medical condition of the person.\n\t(16)\tA person may not raise a defence that the person had good cause for a refusal or failure to comply with a requirement or direction under this section relating to a blood test by reason of some physical or medical condition of the person unless—\n\t(a)\tan oral fluid analysis was conducted in accordance with subsection (13); or\n\t(b)\tthe person made a request as referred to in subsection (13), but an authorised person failed to facilitate the conduct of an oral fluid analysis as required by that subsection; or\n\t(c)\tthe taking of a sample of the person's oral fluid in accordance with subsection (13) was not possible or reasonably advisable or practicable in the circumstances by reason of some physical or medical condition of the person.\n\t(17)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous prescribed alcohol or drug offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n\t(18)\tIf a person—\n\t(a)\trefuses or fails to comply with a requirement or direction under this section; or\n\t(b)\tsubmits to a drug screening test and the drug screening test indicates the presence of a prescribed drug in the person's oral fluid,\nthere will be reasonable ground to suspect that a prescribed drug is present in the person's oral fluid for the purposes of the exercise of any power conferred on a police officer (including a power of arrest) to prevent the person committing an offence by operating a vessel in contravention of this Division.\n\t(19)\tSubsection (18) does not limit the circumstances in which such a power may otherwise be exercised by a police officer under this or any other Act.\n72A—Schedule 1A further regulates blood and oral fluid sample processes\n","sortOrder":16},{"sectionNumber":"Sch 1A","sectionType":"schedule","heading":"makes further provision regulating blood and oral fluid sample processes for the purposes of this Division.","content":"Schedule 1A makes further provision regulating blood and oral fluid sample processes for the purposes of this Division.\n72C—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\nWhere a person submits to an alcotest or a breath analysis and the alcotest apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.\n73—Evidence\n\t(1)\tWithout affecting the admissibility of evidence that might be given otherwise than in pursuance of this section, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by a person authorised to operate the instrument by the Commissioner of Police and, if the requirements of this Act in relation to breath analysing instruments and breath analysis, including subsections (5) and (6), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis and throughout the preceding period of 3 hours.\n\t(2)\tNo evidence can be adduced in rebuttal of the presumption created by subsection (1) except—\n\t(a)\tevidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with Schedule 1A or in accordance with the regulations; and\n\t(b)\tevidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant.\n\t(3)\tIf, in any proceedings for an offence, it is proved—\n\t(a)\tthat the defendant—\n\t(i)\toperated a vessel; or\n\t(ii)\twas a member of a crew of a vessel that was being operated and was or ought to have been engaged in duties affecting the safe navigation, operation or use of the vessel; and\n\t(b)\tthat a concentration of alcohol was present in the defendant's blood at the time of a breath analysis performed within the period of 3 hours immediately following the conduct referred to in paragraph (a),\nit must be conclusively presumed that that concentration of alcohol was present in the defendant's blood at the time of the conduct referred to in paragraph (a).\n\t(4)\tNo evidence can be adduced as to a breath or blood alcohol reading obtained from a coin‑operated breath testing or breath analysing machine installed in a hotel or other licensed premises.\n\t(5)\tAs soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying—\n\t(a)\tthe reading produced by the breath analysing instrument; and\n\t(b)\tthe date and time of the analysis.\n\t(6)\tIf a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the instrument is the prescribed concentration of alcohol, the person operating the breath analysing instrument must immediately—\n\t(a)\tgive the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and\n\t(b)\tat the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.\n\t(7)\tIn proceedings for an offence a certificate—\n\t(a)\tpurporting to be signed by the Minister and to certify that a person named in the certificate is an authorised person; or\n\t(b)\tpurporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or\n\t(c)\tpurporting to be signed by an authorised person and to certify that—\n\t(i)\ta breath analysing instrument used by the person was in proper order and was properly operated; and\n\t(ii)\tthe provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,\nwill be accepted, in the absence of proof to the contrary, as proof of the matters so certified.\n\t(8)\tA certificate purporting to be signed by an authorised person and to certify that—\n\t(a)\ta sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and\n\t(b)\tthe provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with,\nis, in the absence of proof to the contrary, proof of the matters so certified.\n\t(9)\tA certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(10)\tSubject to subsection (22), a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(11)\tSubject to subsection (22), in legal proceedings a certificate purporting to be signed by a person authorised under subsection (1) and to certify that—\n\t(a)\ta person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and\n\t(b)\tthe breath analysing instrument produced a reading specified in the certificate; and\n\t(c)\ta statement in writing required by subsection (5) was delivered in accordance with that subsection,\nwill be accepted, in the absence of proof to the contrary, as proof of the matters so certified.\n\t(12)\tA certificate purporting to be signed by a person authorised under subsection (1) and to certify—\n\t(a)\tthat on a date and at a time stated in the certificate, a person named in the certificate submitted to a breath analysis; and\n\t(b)\tthat the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (6)(a); and\n\t(c)\tthat—\n\t(i)\tthe person did not make a request for an approved blood test kit in accordance with the regulations; or\n\t(ii)\tat the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (6)(b),\nis, in the absence of proof to the contrary, proof that the requirements of subsection (6) were complied with in relation to the person.\n\t(13)\tA prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subsection (6)(b) and the presumption under subsection (1) will apply despite such a deficiency unless it is proved—\n\t(a)\tthat the defendant delivered the kit unopened to a medical practitioner or registered nurse for use in taking a sample of the defendant's blood; and\n\t(b)\tby evidence of the medical practitioner or registered nurse, that the medical practitioner or registered nurse was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subsection (2).\n\t(14)\tSubject to subsection (22), an apparently genuine document purporting to be a certificate under Schedule 1A, or a copy of such a certificate, and purporting to be signed by an authorised person, medical practitioner, registered nurse or analyst under Schedule 1A is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate.\n\t(15)\tIf a certificate of an analyst relating to a sample of blood taken under Schedule 1A is received in evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken.\n\t(16)\tIf it is proved by the prosecution in the proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under Schedule 1A, it will be conclusively presumed that concentration of alcohol was present in the defendant's blood throughout the period of 3 hours immediately preceding the taking of the sample.\n\t(17)\tIf certificates of an authorised person and analyst, or a medical practitioner and analyst, or a registered nurse and analyst, under Schedule 1A are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood.\n\t(18)\tIf a certificate of an analyst relating to a sample of oral fluid or blood taken under Schedule 1A is received as evidence in proceedings before a court and states that a drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the drug stated in the certificate was present in the sample when the sample was taken.\n\t(19)\tIf it is proved by the prosecution in proceedings for an offence that a drug was present in the defendant's oral fluid or blood at the time at which a sample of oral fluid or blood was taken under Schedule 1A, it will be conclusively presumed that the drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample.\n\t(20)\tA certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(21)\tA certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(21a)\tA certificate—\n\t(a)\tpurporting to be signed by the Commissioner of Police and to certify that a person appointed under Part 2 and named in the certificate is authorised by the Commissioner of Police to conduct drug screening tests; or\n\t(b)\tpurporting to be signed by a police officer or a person authorised by the Commissioner of Police to conduct drug screening tests and to certify that the apparatus used to conduct a drug screening test was in proper order and the drug screening test was properly conducted,\nis admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(22)\tA certificate referred to in subsection (10), (11) or (14) cannot be received as evidence in proceedings for an offence—\n\t(a)\tunless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or\n\t(b)\tif the person on whom a copy of the certificate has been served has, not less than 2 days before the commencement of the trial, served written notice on the complainant or informant requiring the attendance at the trial of the person by whom the certificate was signed; or\n\t(c)\tif the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial.\n73A—Breath analysis where drinking occurs after operation of vessel\n\t(1)\tThis section applies to proceedings for an offence against this Division in which the results of a breath analysis under this Division are relied on to establish the commission of the offence.\n\t(2)\tIf in proceedings to which this section applies the defendant satisfies the court—\n\t(a)\tthat the defendant consumed alcohol during the relevant period; and\n\t(b)\tin a case where the defendant was required to submit to the breath analysis after involvement of the vessel in an accident—\n\t(i)\tthat the requirements of section 76 were complied with in relation to the accident; and\n\t(ii)\tthat alcohol was not consumed by the defendant during the relevant period while at the scene of the accident; and\n\t(c)\tthat, after taking into account the quantity of alcohol consumed by the defendant during the relevant period and its likely effect on the concentration of alcohol indicated as being present in the defendant's blood by the breath analysis, the defendant should not be found guilty of the offence charged or, in the case of an offence against section 70(2), should be found guilty of an offence of a less serious category,\nthe court may, despite the other provisions of this Division, find the defendant not guilty of the offence charged or guilty of an offence of a less serious category.\nrelevant period means the period—\n\t(a)\tcommencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement under section 71(1) that the defendant submit to the breath analysis; and\n\t(b)\tending when the performance of the breath analysis commences.\n73B—Oral fluid analysis or blood test where consumption of prescribed drug occurs after operation of vessel\n\t(1)\tThis section applies to proceedings for an offence against section 70(1) or (3) in which the results of an oral fluid analysis or a blood test under section 72 are relied on to establish the commission of the offence.\n\t(2)\tIf in proceedings to which this section applies the defendant satisfies the court—\n\t(a)\tthat the defendant consumed the prescribed drug during the relevant period; and\n\t(b)\tin a case where the defendant was required to submit to a drug screening test after involvement of the vessel in an accident—\n\t(i)\tthat the requirements of section 76 were complied with in relation to the accident; and\n\t(ii)\tthat the prescribed drug was not consumed after an authorised person first exercised powers under section 71 preliminary to the performance of the alcotest or breath analysis referred to in section 72,\nthe court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged.\n\t(3)\tIn subsection (2)—\nrelevant period means the period—\n\t(a)\tcommencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement referred to in section 72 that the defendant submit to the alcotest or breath analysis; and\n\t(b)\tending when the performance of the oral fluid analysis or blood test (as the case may be) commences.\n74—Compulsory blood tests of injured persons including water skiers\n\t(1)\tIf a vessel is involved in an accident and, within 8 hours after the accident, a person apparently over the age of 10 years who was injured in the accident attends at, or is admitted into, a hospital for the purpose of receiving treatment for that injury, it is the duty of the medical practitioner by whom that patient is attended to ensure that, as soon as practicable, a sample of that patient's blood (despite the fact that the patient may be unconscious) is taken in accordance with this section.\n\t(2)\tIf a vessel is involved in an accident and a person apparently over the age of 10 years who was injured in the accident is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003, notifies the State Coroner or a police officer of the death—\n\t(a)\tto ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or\n\t(b)\tto notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section.\n\t(3)\tA sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse.\n\t(4)\tThe State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section.\n\t(18)\tA person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who—\n\t(a)\tfails to assign a reason based on genuine medical grounds for that refusal or failure; or\n\t(b)\tassigns a reason for that refusal or failure that is false or misleading; or\n\t(c)\tmakes any other false or misleading statement in response to the request,\n\t(a)\tfor a first offence—a fine of not less than $1 100 and not more than $1 600;\n\t(b)\tfor a subsequent offence—a fine of not less than $1 900 and not more than $2 900.\n\t(19)\tIn determining whether an offence is a first or subsequent offence for the purposes of this section, any previous prescribed alcohol or drug offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n","sortOrder":17},{"sectionNumber":"Part 11","sectionType":"part","heading":"Accidents","content":"Part 11—Accidents\n75—Casualties to be reported\n\t(1)\tIf an accident involving a vessel occurs in the jurisdiction and the accident results in loss of life or personal injury or in damage to property (except minor injury or damage excluded by regulation from the ambit of this section), the accident must be reported to the CE or an authorised person as soon as reasonably practicable but in any event within 48 hours.\n\t(2)\tA report under subsection (1) must include such particulars as may be required by the regulations, the CE or the authorised person.\n\t(3)\tIf a report is not made as required by this section, the owner and operator of the vessel are each guilty of an offence.\nExpiation fee: $210.\n76—Duty to give assistance and provide particulars\n\t(1)\tIf an accident involving a vessel occurs in the jurisdiction resulting in—\n\t(a)\tloss of life or personal injury or possible loss of life or personal injury; or\n\t(b)\tdamage to a vessel or possible damage to a vessel,\na person who is in a position to do so must take any action that is reasonably practicable in the circumstances to prevent or minimise the loss, injury or damage.\nMaximum penalty: \n\t(a)\tin the case of a person who was the operator of a vessel involved in the accident—imprisonment for 5 years;\n\t(b)\tin any other case—$5 000.\n\t(2)\tIf an accident occurs involving a vessel, the person who was in charge of the vessel at the time of the accident must inform any person injured in the accident and the owner of any property damaged in the accident of the person's name and address and of the registration number of the vessel.\nMaximum penalty: $1 250.\n","sortOrder":18},{"sectionNumber":"Part 12","sectionType":"part","heading":"Court of Marine Enquiry","content":"Part 12—Court of Marine Enquiry\nDivision 1—Constitution of Court\n77—Constitution of Court\n\t(1)\tThe Magistrates Court is constituted the Court of Marine Enquiry for the purposes of this Act.\n\t(2)\tThe Magistrates Court, when sitting as the Court of Marine Enquiry, will sit with assessors.\n\t(3)\tThe Minister will establish a panel of expert assessors for the purposes of constituting the Court as a Court of Marine Enquiry.\n\t(4)\tWhenever the Magistrates Court is to sit as the Court of Marine Enquiry, two assessors will be chosen in accordance with the regulations to sit with the Court.\n\t(5)\tThe function of the assessors is to assist the Court, but they do not take part in the decision of the Court.\nDivision 2—Enquiries into casualties\n78—Enquiries into casualties\n\t(1)\tIf an accident involving a vessel occurs in the jurisdiction and the accident results in loss of life or injury or in damage to property, the Minister may refer the matter to the Court of Marine Enquiry for investigation and report.\n\t(2)\tIf such a reference is made to the Court of Marine Enquiry, the Court must enquire into the matter and report to the Minister on the cause of the accident.\n\t(3)\tIf, on such an enquiry, the Court finds that a person who holds a boat operator's licence under this Act is guilty of misconduct or incompetence, the Court may cancel the boat operator's licence.\nDivision 3—Enquiries into misconduct or incompetence\n79—Enquiries into misconduct or incompetence\n\t(1)\tIf there is reasonable cause to believe that a particular incident involving a vessel in the jurisdiction shows the operator, or a member of the crew, of the vessel to have been guilty of misconduct or incompetence, the Minister may refer the matter to the Court of Marine Enquiry for investigation and report.\n\t(2)\tIf such a reference is made to the Court of Marine Enquiry, the Court must enquire into the matter and report to the Minister on the matter.\n\t(3)\tIf, on such an enquiry, the Court finds that a person who holds a boat operator's licence under this Act is guilty of misconduct or incompetence, the Court may cancel the boat operator's licence.\nDivision 4—Administrative review\n80—Review of administrative decisions\n\t(1)\tA person who is dissatisfied with a reviewable decision or determination under this Act may, within 30 days after receiving notice of the decision or determination, apply to the person by whom the decision was made for a review of the decision.\n\t(2)\tThe following decisions and determinations are reviewable:\n\t(a)\ta decision by the Minister—\n\t(i)\tto insist on the inclusion of a particular provision or particular provisions in a port operating agreement; or\n\t(ii)\tnot to renew a port operating agreement;\n\t(b)\ta decision by the CE to refuse or cancel a pilot's licence or a pilotage exemption certificate, or to impose conditions on such a licence or certificate;\n\t(c)\ta decision by the CE to refuse a boat operator's licence;\n\t(d)\ta decision by the Minister to cancel a boat operator's licence or to disqualify a person from holding a boat operator's licence;\n\t(e)\ta decision by the Minister to declare a qualification that is under the regulations equivalent to a boat operator's licence to be inoperative in the jurisdiction;\n\t(i)\ta decision by the CE to prohibit use of a vessel.\n\t(3)\tIf the applicant is dissatisfied with the decision made on the review, the applicant may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.\n","sortOrder":19},{"sectionNumber":"Part 13","sectionType":"part","heading":"Application of Navigation Act 2012 and International Conventions","content":"Part 13—Application of Navigation Act 2012 and International Conventions\n81—Application of Navigation Act 2012\nThe regulations may apply the Navigation Act 2012 of the Commonwealth or specified provisions of that Act (subject to exclusions, adaptations and modifications set out in the regulations) to vessels in the jurisdiction or to the owners and crews of such vessels.\n82—Agreement between the Commonwealth and the State\nThe Governor may arrange with the Governor-General of the Commonwealth—\n\t(a)\tfor the carrying out on behalf of the State of functions under this Act by officers of the Commonwealth; or\n\t(b)\tfor the carrying out on behalf of the Commonwealth of functions under the Navigation Act 2012 of the Commonwealth by officers of the State.\n","sortOrder":20},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"Part 14—Miscellaneous\n83—Exemptions\n\t(1)\tThe CE may, by instrument in writing, exempt a person from specified provisions of this Act.\n\t(2)\tAn exemption under this section—\n\t(a)\tmay be granted or refused at the discretion of the CE (but an exemption cannot be granted in respect of an activity that is to take place within a port unless the port operator has first been consulted); and\n\t(b)\toperates for a period specified in the instrument of exemption; and\n\t(c)\tis subject to conditions specified in the instrument of exemption.\n\t(3)\tThe CE has an absolute discretion to cancel an exemption granted under this section.\n84—Conduct on board vessels\n\t(1)\tA person who behaves in an offensive or disorderly manner while on board a vessel is guilty of an offence.\n\t(2)\tA person who molests a passenger or a member of the crew of a vessel is guilty of an offence.\n\t(3)\tIf the conduct of a person on board a vessel threatens the safety of the vessel or disrupts good order on the vessel, the person in charge of the vessel, or a person acting on the authority of the person in charge of the vessel, may exercise reasonable force to restrain that person.\n85—Unlawful use of vessels\nA person who operates or interferes with a vessel without the owner's consent and without any other lawful authority or excuse is guilty of an offence.\n87—Evidentiary provision\n\t(1)\tIn any legal proceedings—\n\t(a)\ta certificate apparently signed by the Minister or the CE as to a delegation of powers under this Act is, in the absence of proof to the contrary, proof of the matter certified;\n\t(b)\ta certificate apparently signed by an authorised person that a place referred to in the certificate is within the jurisdiction is, in the absence of proof to the contrary, proof of the fact so certified;\n\t(c)\ta certificate apparently signed by the CE or a delegate of the CE certifying that, as at a date specified in the certificate, a person named in the certificate held or did not hold a licence, certificate, or exemption under this Act of a kind referred to in the certificate is, in the absence of proof to the contrary, proof of the matter so certified;\n\t(d)\ta certificate apparently signed by the CE or a delegate of the CE certifying that, as at a date specified in the certificate, a vessel referred to in the certificate was or was not registered under this Act is, in the absence of proof to the contrary, proof of the matter so certified;\n\t(e)\ta certificate apparently signed by the CE or a delegate of the CE certifying that, as at a date specified in the certificate, a certificate of survey or loadline certificate issued under the Act before the commencement of the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 was or was not in force in respect of a vessel is, in the absence of proof to the contrary, proof of the matter so certified;\n\t(f)\ta certificate apparently signed by the CE or a delegate of the CE, as to the engine capacity or power of a specified vessel is, in the absence of proof to the contrary, proof of the matter so specified;\n\t(g)\ta certificate apparently signed by the CE or a delegate of the CE to the effect that a specified document had not been received by the CE or the department on or before a specified date is, in the absence of proof to the contrary, proof that the document had not been lodged or given on or before that day;\n\t(h)\ta certificate apparently signed by the CE or a delegate of the CE certifying an approval or lack of approval under this Act is, in the absence of proof to the contrary, proof of the matter certified.\n\t(2)\tIn proceedings for an offence against this Act, an allegation in an information that a specified person is or was the owner, the master or the operator of a vessel will be accepted, in the absence of proof to the contrary, as proof of the matter so alleged.\n89—Officers' liability\n\t(1)\tThe Crown, the Minister or the CE incurs no civil liability in consequence of—\n\t(a)\tthe issue of any licence, certificate, exemption or consent under this Act; or\n\t(b)\tany act or omission with regard to the establishment, positioning or operation of navigational aids.\n\t(2)\tAn authorised person incurs no civil liability under this Act for an honest act or omission in the exercise or purported exercise of powers under this Act.\n\t(3)\tA liability that would, but for subsection (2), attach to an authorised person attaches instead—\n\t(a)\tif the authorised person is an officer or employee of a port operator—to the port operator; or\n\t(b)\tin any other case—to the Minister.\n\t(4)\tA port management officer (other than an authorised person) incurs no civil liability for an honest act or omission in the exercise or purported exercise of powers under this Act.\n\t(5)\tAny liability that would, but for subsection (4), attach to a port management officer attaches instead to the port operator that appointed the officer.\n90—Fees and charges to be paid into separate fund\n\t(1)\tAll fees and charges recovered under this Act in relation to vessels (other than fees and charges recovered under Part 5) must be paid into a separate fund.\n\t(2)\tThat fund is to be applied to defray the costs of administering and enforcing this Act.\n90AA—Facilities levy\n\t(1)\tThis section applies to all vessels (other than a vessel, or vessels of a class, declared by the regulations to be exempt from operation of this section).\n\t(2)\tA levy (the facilities levy) is imposed for the purpose of providing a source of revenue to establish, maintain and improve facilities used by vessels in this State.\n\t(3)\tThe facilities levy is payable by the owner of a vessel to which this section applies—\n\t(a)\tin the case of a vessel that is required to be registered under this Act—on registration of the vessel; or\n\t(b)\tin any other case—on or before the date fixed by the CE for the purposes of this subsection.\n\t(4)\tIf 2 or more persons own a vessel, the owners are jointly and severally liable for the facilities levy in respect of the vessel.\n\t(5)\tThe amount of the facilities levy is to be fixed by the regulations, and may vary according to—\n\t(a)\tthe length of the vessel; or\n\t(b)\tthe use of the vessel; or\n\t(c)\tany other prescribed factor.\n\t(6)\tThe CE may recover the amount of an unpaid facilities levy as a debt from a person liable to pay the amount under this section.\n\t(7)\tIf 2 or more persons are jointly or severally liable to pay a facilities levy, the CE may recover the whole of the levy from them, or any of them, or any 1 of them.\n\t(8)\tA certificate of registration will not be issued for a vessel until any levy payable under this section is paid.\n90A—Facilities Fund\n\t(1)\tThe Facilities Fund is established.\n\t(2)\tThe Fund must be kept as directed by the Treasurer.\n\t(3)\tThe Fund is to consist of—\n\t(a)\tfacilities levies payable under section 90AA; and\n\t(b)\tincome from investment of money belonging to the Fund.\n\t(5)\tThe Minister may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer.\n\t(6)\tThe Fund may be applied by the Minister towards—\n\t(a)\testablishing, maintaining and improving facilities for use in connection with vessels; and\n\t(b)\tthe payment of expenses of administering the Fund.\n91—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may make provision for or relating to—\n\t(a)\texemptions (conditional or unconditional) from specified provisions of this Act; and\n\t(b)\tfees and charges in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(c)\tfines, not exceeding $5 000, for offences against the regulations; and\n\t(d)\texpiation fees for alleged offences against the regulations; and\n\t(e)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the CE or other specified person or body;\n\t(c)\tmake provisions of a saving or transitional nature consequent upon—\n\t(i)\tthe enactment of, or amendments to, the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth or the Marine Safety (Domestic Commercial Vessel) National Law;\n\t(ii)\tthe making of, or variations to, the regulations made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth or the Marine Safety (Domestic Commercial Vessel) National Law.\n\t(4)\tThe regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.\n\t(5)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n\t(6)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n","sortOrder":21},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Harbors","content":"Schedule 1—Harbors\n1—Harbors to which this Act applies\n\t(1)\tThis Act applies to the following harbors:\nAmerican River\nArdrossan\nBeachport and Southend\nCape Jaffa\nCape Jervis\nCoffin Bay\nCowell (Franklin Harbor)\nKingscote\nKingston SE\nKlein Point\nPenneshaw\nPoint Turton\nPort Adelaide\nPort Augusta\nPort Bonython\nPort Broughton\nPort Giles\nPort MacDonnell\nPort Pirie\nPort Lincoln\nPort Stanvac\nPort Wakefield\nRapid Bay\nRobe\nStreaky Bay\nThevenard\nVenus Bay\nVictor Harbor\nVivonne Bay\nWallaroo\nWhyalla\n\t(2)\tRegulations may be made under this Act defining the boundaries to any of the harbors referred to above.\nSchedule 1A—Blood and oral fluid sample processes\n1—Interpretation\nIn this Schedule—\napproved courier means a person approved by the Commissioner of Police under the Road Traffic Act 1961 as a courier for the purposes of Schedule 1 of that Act.\nPart 2—Processes relating to blood samples under Part 10 Division 4\n2—Blood sample processes generally\nThe following provisions apply where a sample of blood is taken under Part 10 Division 4:\n\t(a)\ta medical practitioner or registered nurse by whom a sample of blood is taken must—\n\t(i)\tplace the sample of blood, in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of blood and seal the containers; and\n\t(ii)\tgive to the person from whom the sample was taken, or (in the case of a sample taken under section 74) leave with the person's personal effects at the hospital, a notice in writing—\n\t(A)\tadvising that the sample has been taken under the relevant section; and\n\t(B)\tadvising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and\n\t(C)\tcontaining any other information prescribed by the regulations; and\n\t(iii)\tcomplete and sign a certificate containing the information required under paragraph (d); and\n\t(iv)\tmake the containers and the certificate available to a police officer;\n\t(b)\teach container must contain a sufficient quantity of blood to enable an analysis to be made of the concentration of alcohol present in the blood or of the presence of a prescribed drug in the blood;\n\t(c)\tit is the duty of the medical practitioner or registered nurse by whom the sample is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper analysis of the concentration of alcohol present in the blood, or the presence of a prescribed drug in the blood;\n\t(d)\tthe certificate referred to in paragraph (a) must state—\n\t(i)\tthe identification number of the sample marked on the containers referred to in that paragraph; and\n\t(ii)\tthe name and address of the person from whom the sample was taken; and\n\t(iii)\tthe name of the medical practitioner or registered nurse by whom the sample was taken; and\n\t(iv)\tthe date, time and place at which the sample was taken; and\n\t(v)\tthat the medical practitioner or registered nurse gave the notice referred to in that paragraph to the person from whom the sample was taken, or, as the case may be, left the notice with the person's personal effects;\n\t(e)\tone of the containers containing the sample must—\n\t(i)\tas soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person or left with the person's personal effects under paragraph (a); and\n\t(ii)\tbe kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;\n\t(f)\tafter analysis of the sample in a container made available to a police officer in accordance with paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:\n\t(i)\tthe identification number of the sample marked on the container;\n\t(ii)\tthe name and professional qualifications of the analyst;\n\t(iii)\tthe date on which the sample was received in the laboratory in which the analysis was performed;\n\t(iv)\tthe concentration of alcohol or other drug found to be present in the blood;\n\t(v)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the sample or analysis or both that the analyst thinks fit to include;\n\t(g)\ton completion of an analysis of a sample—\n\t(i)\tthe certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of—\n\t(A)\tthe Minister; and\n\t(B)\tthe medical practitioner or registered nurse by whom the sample was taken; and\n\t(ii)\tcopies of the certificates referred to in paragraph (g)(i) must be sent to—\n\t(A)\tthe Commissioner of Police; and\n\t(B)\tthe person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;\n\t(h)\tif the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased, is unknown, there is no obligation to comply with paragraph (g)(ii)(B) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent.\n4—Police officer to be present when blood sample taken\nThe taking of a sample of blood under section 71(10) or 72(2), (3) or (12) must be in the presence of a police officer.\n5—Cost of blood tests under certain sections\nThe taking of a sample of blood under section 71(10), 72(12) or 74 must be at the expense of the Crown.\n6—Provisions relating to medical practitioners etc\n\t(1)\tNo proceedings lie against a medical practitioner or registered nurse in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Act.\n\t(2)\tA medical practitioner or registered nurse must not take a sample of a person's blood under this Act if, in the opinion of the medical practitioner or registered nurse, it would be injurious to the medical condition of the person to do so.\n\t(3)\tA medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Act if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner or registered nurse has informed the person that, unless the objection is made on genuine medical grounds, it may constitute an offence against this Act.\n\t(4)\tA medical practitioner who fails, without reasonable excuse, to comply with a provision of, or to perform any duty arising under, section 74 is guilty of an offence.\n\t(5)\tNo proceedings can be commenced against a medical practitioner for an offence against subclause (4) unless those proceedings have been authorised by the Attorney‑General.\n\t(6)\tAn apparently genuine document purporting to be signed by the Attorney‑General and to authorise proceedings against a medical practitioner for an offence under subclause (4) must, in the absence of proof to the contrary, be accepted by any court as proof that those proceedings have been authorised by the Attorney‑General.\nPart 3—Processes relating to oral fluid samples under section 72\n7—Oral fluid sample processes\nThe following provisions apply where a sample of oral fluid is taken under section 72(2):\n\t(a)\tthe police officer who takes a sample of oral fluid for the purposes of an oral fluid analysis must—\n\t(i)\tplace the sample of oral fluid (and any reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and\n\t(ii)\tgive to the person from whom the sample was taken a notice in writing—\n\t(A)\tadvising that the sample has been taken under section 72(2); and\n\t(B)\tadvising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and\n\t(C)\tcontaining any other information prescribed by the regulations; and\n\t(iii)\tcomplete and sign a certificate containing the information required under paragraph (d);\n\t(b)\teach container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;\n\t(c)\tit is the duty of the police officer who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;\n\t(d)\tthe certificate referred to in paragraph (a) must state—\n\t(i)\tthe identification number of the sample marked on the containers referred to in that paragraph; and\n\t(ii)\tthe name and address of the person from whom the sample was taken; and\n\t(iii)\tthe identification number of the police officer by whom the sample was taken; and\n\t(iv)\tthe date, time and place at which the sample was taken; and\n\t(v)\tthat the police officer gave the notice referred to in that paragraph to the person from whom the sample was taken;\n\t(e)\tone of the containers containing the sample must—\n\t(i)\tas soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person under paragraph (a); and\n\t(ii)\tbe kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;\n\t(f)\tafter analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:\n\t(i)\tthe identification number of the sample marked on the container;\n\t(ii)\tthe name and professional qualifications of the analyst;\n\t(iii)\tthe date on which the sample was received in the laboratory in which the analysis was performed;\n\t(iv)\tthe information required by the regulations in relation to any prescribed drug or drugs found to be present in the sample;\n\t(v)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the sample or analysis or both that the analyst thinks fit to include;\n\t(g)\ton completion of an analysis of a sample, the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the Minister and copies of the certificates must be sent—\n\t(i)\tto the Commissioner of Police; and\n\t(ii)\tto the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;\n\t(h)\tif the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent.\nPart 4—Other provisions relating to blood or oral fluid samples under Part 10 Division 4\n8—Blood or oral fluid sample or results of analysis etc not to be used for other purposes\n\t(1)\tA sample of blood or oral fluid taken under Part 10 Division 4 (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) must not be used for a purpose other than that contemplated by this Act.\n\t(2)\tThe results of a drug screening test, oral fluid analysis or blood test under Part 10 Division 4, an admission or statement made by a person relating to such a drug screening test, oral fluid analysis or blood test, or any evidence taken in proceedings relating to such a drug screening test, oral fluid analysis or blood test (or transcript of such evidence)—\n\t(a)\twill not be admissible in evidence against the person in any proceedings, other than proceedings for—\n\t(i)\tan offence against this Act; or\n\t(ii)\tan offence involving the operation or crewing of a vessel; or\n\t(iii)\tan offence against the Controlled Substances Act 1984; and\n\t(b)\tmay not be relied on as grounds for the exercise of any search power or the obtaining of any search warrant.\n9—Destruction of blood or oral fluid sample taken under Part 10 Division 4\nThe Commissioner of Police must ensure that a sample of blood or oral fluid taken under Part 10 Division 4 (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) is destroyed—\n\t(a)\tif proceedings for an offence of a kind referred to in clause 8(2)(a) based on evidence of the results of analysis of the sample are not commenced within the period allowed; or\n\t(b)\tif such proceedings are commenced within the period allowed—when the proceedings (including any proceedings on appeal) are finally determined or discontinued.\n","sortOrder":22},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tA certificate of survey in force under the Marine Act 1936 immediately before the commencement of this Act continues in force subject to this Act as if it were a certificate of survey issued under this Act.\n\t(2)\tA certificate of competency in force under the Marine Act 1936, or a boat operator's licence in force under the Boating Act 1974, immediately before the commencement of this Act, continues in force subject to this Act as if it were a certificate of competency issued under this Act.\n\t(3)\tIf the Governor had withdrawn land from the Minister under section 64(4) of the Harbors Act 1936, the withdrawal remains in effect for the purposes of this Act unless revoked by the Governor.\n\t(4)\tA loadline certificate in force under the Marine Act 1936 immediately before the commencement of this Act continues in force subject to this Act as if it were a loadline certificate issued under this Act.\n\t(5)\tA special permit to operate a vessel in force under the Boating Act 1974 immediately before the commencement of this Act continues in force subject to this Act as if it were a special permit issued under this Act.\n\t(6)\tA licence in force under Part 3A of the Boating Act 1974 immediately before the commencement of this Act continues in force subject to this Act as if it were a licence issued under Part 8 and as if the conditions of the licence had been imposed under Part 8.\n\t(7)\tThe registration of a vessel in force under the Boating Act 1974 immediately before the commencement of this Act continues in force subject to this Act as if it were registration of the vessel under this Act.\n\t(8)\tBy-laws in force under the Harbors Act 1936 immediately before the commencement of this Act continue in force subject to this Act as if they were made under this Act.\n3—Vesting of land etc held in name of Minister of Marine\n\t(1)\tAll land vested in fee simple in the Minister of Marine1 immediately before the commencement of this Act will be taken to have vested in fee simple, on the commencement of this Act, in the Minister responsible for the administration of this Act.\n\t(2)\tAll other interests, rights and liabilities of the Minister of Marine in relation to land immediately before the commencement of this Act, will be taken to have become, on the commencement of this Act, interests, rights and liabilities of the Minister responsible for the administration of this Act.\n\t(3)\tA proclamation in force immediately before the commencement of this Act under which dedicated land was placed under the care, control and management of the Minister of Marine will, on the commencement of this Act, be taken to have been varied by replacing references to the Minister of Marine with references to the Minister responsible for the administration of this Act.\n\t(4)\tThe Registrar-General will take such action for or in connection with—\n\t(a)\tthe issue, alteration, correction or cancellation of certificates or other documents of title; or\n\t(b)\tthe making, recording, alteration, correction or cancellation of entries or endorsements in the Register Books,\nas may be necessary or expedient for the purposes of giving effect to this clause.\nNote—\n","sortOrder":23},{"sectionNumber":"1","sectionType":"section","heading":"The Minister of Marine was a body corporate established under the provisions of the repealed Harbors Act 1936.","content":"1\tThe Minister of Marine was a body corporate established under the provisions of the repealed Harbors Act 1936.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedules\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Harbors and Navigation Act 1993 repealed the following:\nBoating Act 1974\nHarbors Act 1936\nMarine Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Harbors and Navigation Act 1993\n20.5.1993\n24.10.1994 (Gazette 20.10.1994 p1220)\n Harbors and Navigation (Ports Corporation and Miscellaneous) Amendment Act 1994\n Statutes Amendment (Drink Driving) Act 1995\n7.12.1995\nPt 2 (ss 4—10)—7.12.1997 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 18)—3.2.1997 (Gazette 19.12.1996 p1923)\n Harbors and Navigation (Miscellaneous) Amendment Act 2000\n14.12.2000\n2.1.2001 (Gazette 21.12.2000 p3688) except ss 6, 7 & 13—12.4.2001 (Gazette 12.4.2001 p1582)\n Harbors and Navigation (Control of Harbors) Amendment Act 2000\n14.12.2000\n25.1.2001 (Gazette 25.1.2001 p300) except ss 3(a), 4(a), 5(b), 8, 9(a), 11, 12(a) & 20—31.10.2001 (Gazette 25.10.2001 p4686)\n Statutes Amendment (Transport Portfolio) Act 2001\n17.5.2001\nPt 2 s 4—30.10.2001 (Gazette 25.10.2001 p4687); ss 5—9—27.5.2002 (Gazette 23.5.2002 p1928)\n Statutes Amendment (Transport Portfolio) Act 2002\n28.11.2002\nPt 3 (ss 6—9)—3.7.2003 (Gazette 3.7.2003 p2877)\n Statutes Amendment (Road Safety Reforms) Act 2003\n12.6.2003\nPt 2 (ss 5—7)—15.12.2003 (Gazette 11.12.2003 p4431)\n Coroners Act 2003\n31.7.2003\nSch (cl 14)—1.7.2005 (Gazette 23.6.2005 p1899) \n River Murray Act 2003\n31.7.2003\nSch (cl 8)—24.11.2003 (Gazette 20.11.2003 p4203)\n Adelaide Dolphin Sanctuary Act 2005\n14.4.2005\nSch 2 (cll 25—28)—1.7.2005 (Gazette 2.6.2005 p1684)\n Statutes Amendment (Transport Portfolio) Act 2005\n27.10.2005\nPt 2 (s 4)—17.11.2005 (Gazette 17.11.2005 p3973)\n Statutes Amendment (Vehicle and Vessel Offences) Act 2005\n8.12.2005\nPt 4 (ss 14—17)—30.7.2006 (Gazette 27.7.2006 p2400)\n Fisheries Management Act 2007\n8.3.2007\nSch 2 (cl 5)—1.12.2007 (Gazette 15.11.2007 p4241)\n Harbors and Navigation (Australian Builders Plate) Amendment Act 2007\n28.6.2007\n4.2.2008 (Gazette 25.10.2007 p4044)\n Marine Parks Act 2007\n29.11.2007\nSch 1 (cll 24—27)—6.11.2008 (Gazette 6.11.2008 p5055)\n Statutes Amendment (Transport Portfolio) Act 2008\n26.6.2008\nPt 2 (s 4)—25.9.2008 (Gazette 18.9.2008 p4504)\n Statutes Amendment (Transport Portfolio—Alcohol and Drugs) Act 2009\n12.3.2009\nPt 2 (ss 4—11)—1.2.2010 (Gazette 10.12.2009 p6169)\n Harbors and Navigation (Miscellaneous) Amendment Act 2009\n1.10.2009\n12.4.2010 (Gazette 3.12.2009 p5981)\n Statutes Amendment (Transport Portfolio—Penalties) Act 2011\n12.5.2011\nPt 2 (ss 4—7)—30.6.2011 (Gazette 19.5.2011 p1508)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 24 (s 48)—17.6.2013 (Gazette 6.6.2013 p2498)\n Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013\n14.6.2013\nSch 2 (cll 3—43)—1.7.2013 (Gazette 27.6.2013 p2780)\n Statutes Amendment (Transport Online Transactions and Other Matters) Act 2017\n10.10.2017\nSch 1 (Pt 2)—20.3.2018 (Gazette 19.12.2017 p5122)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 21 (ss 114 to 117)—4.10.2018 (Gazette 28.6.2018 p2618)\n Statutes Amendment (Drink and Drug Driving) Act 2017\n12.12.2017\nPt 2 (ss 4, 5, 6(2), (3) & 7)—22.2.2018; s 6(1)—24.4.2018 (Gazette 13.2.2018 p732)\n Statutes Amendment (Transport Portfolio) Act 2021\n20.5.2021\nPt 5 (ss 9 to 18)—12.12.2022 (Gazette 24.11.2022 p6688)\n Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023\n13.7.2023\nPt 3 (s 10)—1.1.2024 (Gazette 25.10.2023 p3602)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 30)—uncommenced\nHarbors and Navigation (Miscellaneous) Amendment Act 2025\n5.11.2025\n12.2.2026 (Gazette 12.2.2026 p243) except ss 9, 10, 16 to 21, 23 & 24—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\namended by 5/2005 Sch 2 (cl 25)\n\namended by 60/2007 Sch 1 cl 24\ns 4\n\ns 4(1)\n\nAdelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 26)\nanalyst\ninserted by 8/2009 s 4(1)\napproved blood test kit\ninserted by 8/2009 s 4(1)\nauthorised person\namended by 8/2009 s 4(2)\nboat operator's licence\ninserted by 21/2013 Sch 2 cl 4(1)\nbreath analysis\ncategory 1 offence\ncategory 2 offence\ncategory 3 offence\nCE\ninserted by 21/2013 Sch 2 cl 4(2)\nCEO\ndeleted by 21/2013 Sch 2 cl 4(2)\ncommercial vessel\nsubstituted by 21/2013 Sch 2 cl 4(3)\nCommonwealth Act\ndeleted by 21/2013 Sch 2 cl 4(4)\nthe Corporation\ninserted by 45/1994 s 2\n\ndeleted by 81/2000 s 3(a)\na Corporation port\ninserted by 45/1994 s 2\n\ndeleted by 81/2000 s 3(a)\ncrew\nsubstituted by 21/2013 Sch 2 cl 4(5)\ndepartment\namended by 21/2013 Sch 2 cl 4(6)\ndomestic commercial vessel\ninserted by 21/2013 Sch 2 cl 4(7)\ndrug screening test\ninserted by 8/2009 s 4(4)\nexcluded vessel\ninserted by 21/2013 Sch 2 cl 4(8)\nfishing vessel\nsubstituted by 45/1994 s 11\n\namended by 4/2007 Sch 2 cl 5\n1.12.2007\n\ndeleted by 21/2013 Sch 2 cl 4(9)\nhospital\ninserted by 8/2009 s 4(5)\nkey position\ndeleted by 21/2013 Sch 2 cl 4(10)\nmarine park\ninserted by 60/2007 Sch 1 cl 25\nmedical practitioner\ninserted by 17/2021 s 9(1)\nMetropolitan Adelaide\ninserted by 8/2009 s 4(6)\n\ndeleted by 17/2021 s 9(1)\noperator\nsubstituted by 21/2013 Sch 2 cl 4(11)\noral fluid\ninserted by 8/2009 s 4(7)\noral fluid analysis\ninserted by 8/2009 s 4(7)\n\nsubstituted by 63/2017 s 4\nowner\nsubstituted by 21/2013 Sch 2 cl 4(12)\npersonal watercraft\ninserted by 21/2013 Sch 2 cl 4(12)\nport\nport management officer\nport operator\nprescribed alcohol or drug offence\nprescribed circumstances\n\nprescribed concentration of alcohol\nprescribed drug\nrecreational vessel\ndeleted by 21/2013 Sch 2 cl 4(13)\ninserted by 17/2021 s 9(2)\nTribunal\ninserted by 51/2017 s 114\nvessel\nsubstituted by 21/2013 Sch 2 cl 4(14)\ns 6\nsubstituted by 79/2000 s 3\ns 6A\ninserted by 21/2013 Sch 2 cl 5\nPt 2\n\nPt 2 Div 1\n\ns 7\ndeleted by 21/2013 Sch 2 cl 6\ns 8\n\ns 8(2)\nPt 2 Div 2\n\namended by 21/2013 Sch 2 cl 7\ns 9\ns 10\n\ns 10(1)\ns 10(2)\namended by 49/2025 s 3\nPt 2 Div 3\n\ns 11\n\ns 11(1) and (2)\ns 11(4)\nsubstituted by 49/2025 s 4\nPt 2 Div 4\n\ns 12\n\ns 12(1)\ns 12(1a)\ninserted by 45/1994 s 3\n\nsubstituted by 81/2000 s 4(a)\n\ns 12(1b)\ninserted by 79/2000 s 4(a)\n\ns 12(2)\namended by 79/2000 s 4(b)\ns 12(3)\nsubstituted by 81/2000 s 4(b)\ns 13\namended by 8/2009 s 5\n\ns 14\n\ns 14(1)\namended by 79/2000 s 5\n\namended by 21/2013 Sch 2 cl 8(1), (3)—(5)\n\n(b)(i)(D) deleted by 21/2013 Sch 2 cl 8(2)\n\ns 14(1a)\ninserted by 37/2002 s 6\ns 14(2)\nPt 2 Div 5\ninserted by 5/2005 Sch 2 (cl 27)\ns 14A\nsubstituted by 60/2007 Sch 1 cl 26\n\nPt 3\n\ns 15\n\ns 15(3)\namended by 45/1994 s 4\n\namended by 81/2000 s 5(a)\n\n(ba) deleted by 81/2000 s 5(b)\n\namended by 49/2025 s 5\ns 18\n\ns 18(4)\namended by 49/2025 s 6\ns 18A\ninserted by 45/1994 s 12\ns 18A(1)\nsubstituted by 81/2000 s 6\ns 18A(1a)\ninserted by 81/2000 s 6\ns 18A(2)\namended by 49/2025 s 7\ns 20\n\ns 20(1)\namended by 49/2025 s 8\ns 20(2)\namended by 81/2000 s 7\n\namended by 49/2025 s 8\ns 21\n\ns 21(1)\namended by 45/1994 s 5\n\namended by 81/2000 s 8\nPt 4\n\ns 22\n\ns 22(1)\ns 22 amended by 45/1994 s 6\n\ns 22 redesignated as s 22(1) by 81/2000 s 9(b)\n\namended by 81/2000 s 9(a)\ns 22(2)—(4)\ninserted by 81/2000 s 9(b)\ns 23\n\ns 23(3)\ns 24\n\ns 24(1) and (5)\ns 25\n\ns 25(1a)\ninserted by 81/2000 s 10(a)\ns 25(2)\namended by 45/1994 s 13\ns 25(2a)\ninserted by 81/2000 s 10(b)\ns 25(3)\nsubstituted by 81/2000 s 10(c)\n\nsubstituted by 49/2025 s 9(1)\ns 25(3a)\ninserted by 49/2025 s 9(1)\ns 25(4)\n\namended by 49/2025 s 9(2)\ns 25(5)\ninserted by 81/2000 s 10(d)\n\namended by 49/2025 s 9(3)\ns 25(6)—(8)\ninserted by 49/2025 s 9(4)\ns 26\namended by 45/1994 s 7\n\namended by 17/2001 s 4\n30.10.2001\n\nsubstituted by 81/2000 s 11\ns 26(1) and (2)\ns 26(2a)\ninserted by 35/2003 Sch cl 8(a)\n\ns 26(2b)\ninserted by 35/2003 Sch cl 8(a)\n\nsubstituted by 5/2005 Sch 2 (cl 28)\n\nsubstituted by 60/2007 Sch 1 cl 27\n\ns 26(2c)\ninserted by 5/2005 Sch 2 (cl 28)\ns 26(4)\namended by 49/2025 s 10\ns 26(5)\ns 26(6)\ninserted by 35/2003 Sch cl 8(b)\ns 27\n\ns 27(1a)\ninserted by 45/1994 s 8\n\nsubstituted by 81/2000 s 12(a)\ns 27(3)\nsubstituted by 81/2000 s 12(b)\nPt 5\nheading substituted by 81/2000 s 13\nPt 5 Div A1\ninserted by 49/2025 s 11\nPt 5 Div 1\namended by 45/1994 s 9\n\ns 28C\n\ns 28C(2)\ndeleted by 21/2013 Sch 2 cl 9\ns 28F\n\ns 28F(5)\nsubstituted by 51/2017 s 115\ns 28F(5a)—(5c)\ninserted by 51/2017 s 115\ns 28F(6)\ndeleted by 51/2017 s 115\ns 28G\n\ns 28G(2)\namended by 49/2025 s 12(1)\ns 28G(5)\ninserted by 49/2025 s 12(2)\nPt 5 Div 2\ns 29\n\ns 29(3)\nPt 5 Div 2AA\ninserted by 49/2025 s 13\nPt 5 Div 2A\ninserted by 81/2000 s 13\ns 29C\n\ns 29C(4)\nPt 5 Div 3\ns 30\n\ns 30(3)\namended by 49/2025 s 14\ns 30B\nheading amended by 49/2025 s 15(1)\n\namended by 49/2025 s 15(2)\nPt 5 Div 4\ns 31D\n\ns 31D(2)\nPt 5 Div 5\nheading deleted by 81/2000 s 14\nPt 5A\nheading inserted by 81/2000 s 14\ns 33\n\ns 33(1)\ns 33(1a)\ninserted by 45/1994 s 14(a)\ns 33(2)\ns 33(3)\namended by 81/2000 s 15\n\ns 33(4)\n\namended by 81/2000 s 15\ns 33(5)\nsubstituted by 45/1994 s 14(b)\n\ns 33(6)\n\ns 34\n\ns 34(1)\ns 34(1a)\ninserted by 45/1994 s 15(a)\ns 34(2)\ns 34(3)\namended by 81/2000 s 16\n\ns 34(4)\n\namended by 81/2000 s 16\ns 34(4a)\ninserted by 45/1994 s 15(b)\ns 34(5)\ns 34(6)\n\ns 35\n\ns 35(1)\namended by 81/2000 s 17\n\namended by 21/2013 Sch 2 cl 10(1)\ns 35(2)\ns 35(3)\ndeleted by 21/2013 Sch 2 cl 10(2)\ns 35(4)\ninserted by 45/1994 s 16\n\ns 35(5)\ninserted by 21/2013 Sch 2 cl 10(3)\nPt 6 before deletion by 21/2013\n\ns 38\n\ns 38(1) and (2)\ns 39A\ninserted by 79/2000 s 6\ns 40\n\ns 40(2)\namended by 79/2000 s 7(a)\ns 40(2a)\ninserted by 79/2000 s 7(b)\ns 41\n\ns 41(3)\namended by 79/2000 s 8\ns 42A\ninserted by 79/2000 s 9\ns 44\n\ns 44(2)\nPt 6\ndeleted by 21/2013 Sch 2 cl 11\nPt 7\n\nsubstituted by 21/2013 Sch 2 cl 12\ns 46\namended by 45/1994 s 17\n\namended by 21/2013 Sch 2 cl 13(1), (2)\ns 47\n\ns 47(1)\namended by 45/1994 s 18(a)\n\ndeleted by 21/2013 Sch 2 cl 14(1)\ns 47(2)\namended by 45/1994 s 18(b)\n\ndeleted by 21/2013 Sch 2 cl 14(1)\ns 47(3)\n\namended by 21/2013 Sch 2 cll 3(2), 14(2)—(6)\n\namended by 49/2025 s 16(1)\ns 47(3a)\ninserted by 37/2002 s 7\n\namended by 21/2013 Sch 2 cll 3(2), 14(7)—(11)\n\namended by 49/2025 s 16(2)\ns 47(4)\n\nsubstituted by 21/2013 Sch 2 cl 14(12)\ns 47(5)\namended by 21/2013 Sch 2 cl 14(13)\ns 47(6)\ninserted by 21/2013 Sch 2 cl 14(14)\ns 47A\ninserted by 21/2013 Sch 2 cl 15\ns 47A(2)\n\namended by 49/2025 s 17(1)\ns 47A(3)\namended by 49/2025 s 17(2)\ns 48\n\ns 48(1)\namended by 21/2013 Sch 2 cll 3(1), 16(1)\ns 48(2)\namended by 21/2013 Sch 2 cll 3(1), 16(2)—(5)\n\ns 48(3)\namended by 21/2013 Sch 2 cl 16(6)\ns 48(4)\namended by 21/2013 Sch 2 cl 16(7)\ns 48(5)\namended by 21/2013 Sch 2 cll 3(1), 16(8)\ns 49\namended by 21/2013 Sch 2 cl 17(1), (2)\n\ns 50\n\ns 50(1)\namended by 45/1994 s 19(a)\n\namended by 21/2013 Sch 2 cl 18(1)—(5)\n\ns 50(2)\namended by 45/1994 s 19(b)\n\namended by 21/2013 Sch 2 cl 18(2), (6)\n\ns 50(3)\n\namended by 21/2013 Sch 2 cl 18(2), (7), (8)\nPt 8\n\ns 52\n\ns 52A\ninserted by 45/1994 s 20\ns 52A(2)\ns 53\n\ns 53(1) and (2)\ns 53(3)\n\ns 53(4)\ns 53(5)\n\nPt 9\n\nsubstituted by 23/2007 s 4\n\namended by 21/2013 Sch 2 cl 19\nPt 9 Div 1\n\ns 54\namended by 45/1994 s 21\n\namended by 21/2013 Sch 2 cl 20(1), (2)\ns 55\n\ns 55(2)\n\namended by 42/2009 s 4\n\namended by 21/2013 Sch 2 cll 3(2), 21(1), (2)\n\namended by 49/2025 s 18\ns 55(3)\nPt 9 Div 2 before deletion by 21/2013\n\ns 57\n\ns 57(3)\ns 57(4)\ninserted by 45/1994 s 22\ns 57(5)\ninserted by 45/1994 s 22\n\ns 59\n\ns 59(5)\ns 60\n\ns 60(1) and (2)\nPt 9 Div 2\ndeleted by 21/2013 Sch 2 cl 22\nPt 9 Div 3 before deletion by 21/2013\n\ns 63\n\ns 63(5)\ns 64\n\ns 64(1) and (2)\nPt 9 Div 3\ndeleted by 21/2013 Sch 2 cl 22\nPt 9 Div 4\ninserted by 23/2007 s 5\ns 64A\n\ns 64A(2)\namended by 21/2013 Sch 2 cl 23\ns 64B\n\ns 64B(1) and (5)\nPt 10\n\nPt 10 Div 1\n\ns 65\n\ns 65(1)\namended by 21/2013 Sch 2 cl 24(1)\ns 65(2)\n\namended by 79/2000 s 10\n\namended by 21/2013 Sch 2 cl 24(2), (3)\n\namended by 49/2025 s 19\ns 65A\ninserted by 79/2000 s 11\ns 65A(1)\namended by 26/2008 s 4\n25.9.2008\ns 65A(2)\namended by 21/2013 Sch 2 cl 25\n\namended by 49/2025 s 20\ns 66\n\ns 66(1)\namended by 79/2000 s 12\n\namended by 21/2013 Sch 2 cll 3(1), 26(1), (2)\n\namended by 49/2025 s 21(1)\ns 66(3)\n\namended by 21/2013 Sch 2 cl 26(3)\ns 66(4)\ninserted by 49/2025 s 21(2)\ns 67\n\nsubstituted by 81/2000 s 18\ns 67(2)\namended by 21/2013 Sch 2 cl 27(1)\ns 67(5)\ninserted by 21/2013 Sch 2 cl 27(2)\ns 67A\ninserted by 49/2025 s 22\nPt 10 Div 2\n\nsubstituted by 21/2013 s 28\ns 68\n\ns 68(1)\namended by 79/2000 s 13\n\namended by 21/2013 Sch 2 cll 3(1), 29\ns 68(3)\nPt 10 Div 3\n\ns 69 before substitution by 81/2005\n\ns 69(1) and (2)\ns 69\nsubstituted by 81/2005 s 14\ns 69(1)\ns 69(2)\n\namended by 24/2023 s 10(1)\ns 69(4)\n\nserious harm\ndeleted by 24/2023 s 10(2)\nharm\ninserted by 24/2023 s 10(2)\ns 69A\ninserted by 81/2005 s 14\nPt 10 Div 4\n\ns 70\n\ns 70(1)\namended by 8/2009 s 6(1)\n\namended by 13/2011 s 4(1)\n\ns 70(2)\namended by 13/2011 s 4(2)\ns 70(3)\nsubstituted by 8/2009 s 6(2)\n\namended by 13/2011 s 4(3)\ns 70(3a)\ninserted by 8/2009 s 6(2)\n\ns 70(3b)\ninserted by 8/2009 s 6(2)\n\ns 70(4)\nsubstituted by 8/2003 s 5\n\namended by 8/2009 s 6(3)\n s 71 before substitution by 8/2009\n\ns 71(1)\namended by 81/2005 s 15\ns 71(2)\ns 71(3a)\ninserted by 17/2001 s 5(a)\ns 71(4)\nsubstituted by 17/2001 s 5(b)\ns 71(5)\nsubstituted by 95/1995 s 4\ns 71(6)\ninserted by 95/1995 s 4\ns 71\ns 71(3)\namended by 13/2011 s 5(1)\ns 71(8)\namended by 13/2011 s 5(2)\ns 71(10)\n\namended by 17/2021 s 10(1)\ns 71(11)\ns 71(12)\namended by 17/2021 s 10(2)\ns 72 before substitution by 8/2009\n\ns 72(1)\ndeleted by 95/1995 s 5(a)\ns 72(2)\namended by 95/1995 s 5(b)\n\namended by 37/2002 s 8\ns 72(3)\namended by 95/1995 s 5(c)\ns 72(4)\nsubstituted by 95/1995 s 5(d)\ns 72(5)\ndeleted by 95/1995 s 5(d)\ns 72\ns 72(5)\namended by 13/2011 s 6(1)\ns 72(8)\nsubstituted by 63/2017 s 5(1)\ns 72(10)\namended by 13/2011 s 6(2)\ns 72(12)\n\namended by 17/2021 s 11(1)\ns 72(13) and (14)\ns 72(15)\namended by 17/2021 s 11(2)\ns 72(18)\namended by 63/2017 s 5(2)\ns 72A\ninserted by 95/1995 s 6\n\ns 72B before deletion by 8/2009\ninserted by 95/1995 s 6\ns 72B(2)\n\nsubstituted by 8/2003 s 6\ns 72B\ndeleted by 8/2009 s 7\ns 72C\ninserted by 17/2001 s 6\ns 73 before substitution by 8/2009\n\ns 73(1)\namended by 95/1995 s 7(a), (b)\ns 73(2)\nsubstituted by 95/1995 s 7(c)\ns 73(2a)\ninserted by 95/1995 s 7(c)\n\nsubstituted by 81/2005 s 16\ns 73(3)\namended by 17/2001 s 7(a)\ns 73(4)\namended by 95/1995 s 7(d)\ns 73(5)\namended by 95/1995 s 7(e), (f)\n\namended by 17/2001 s 7(b), (c)\ns 73(5a)\ninserted by 95/1995 s 7(g)\n\namended by 17/2001 s 7(d)\ns 73(6)\namended by 95/1995 s 7(h)\ns 73(7) and (8)\ninserted by 95/1995 s 7(i)\ns 73\nsubstituted by 8/2009 s 8\ns 73(1)\namended by 17/2021 s 12(1)\ns 73(3)\namended by 17/2021 s 12(2)\ns 73(7)\namended by 63/2017 s 6(1)\n24.4.2018\ns 73(8)\nsubstituted by 63/2017 s 6(2)\ns 73(13)\namended by 17/2021 s 12(3)\ns 73(14)\namended by 17/2021 s 12(4)\ns 73(16)\namended by 17/2021 s 12(5)\ns 73(17)\namended by 17/2021 s 12(6)\ns 73(21)\nsubstituted by 63/2017 s 6(3)\ns 73(21a)\ninserted by 63/2017 s 6(3)\ns 73A\ninserted by 95/1995 s 8\ns 73A(2)\namended by 17/2021 s 13(1)\ns 73A(3)\ninserted by 17/2021 s 13(2)\ns 73B\ninserted by 8/2009 s 9\ns 73B(2)\namended by 17/2021 s 14(1)\ns 73B(3)\n\nrelevant period\nsubstituted by 17/2021 s 14(2)\ns 74\n\ns 74(1)\namended by 8/2009 s 10(1), (2)\n\nsubstituted by 17/2021 s 15\ns 74(2)\ndeleted by 8/2009 s 10(3)\n\ninserted by 17/2021 s 15\ns 74(3)\ndeleted by 8/2009 s 10(3)\n\ninserted by 17/2021 s 15\ns 74(4)\namended by 33/2003 Sch (cl 14(1), (2))\n\namended by 8/2009 s 10(4)\n\nsubstituted by 17/2021 s 15\ns 74(5)\namended by 33/2003 Sch (cl 14(3))\n\ndeleted by 17/2021 s 15\ns 74(6)\ndeleted by 17/2021 s 15\ns 74(7)\nsubstituted by 95/1995 s 9(a)\n\ns 74(8) and (9)\ns 74(10)\nsubstituted by 95/1995 s 9(b)\n\ns 74(10a)\ninserted by 95/1995 s 9(b)\n\ns 74(11)—(16)\ns 74(16a)\ninserted by 17/2001 s 8\n\ns 74(17)\namended by 95/1995 s 9(c), (d)\n\ns 74(18)\namended by 13/2011 s 7\ns 74(19)\nsubstituted by 8/2003 s 7\n\namended by 8/2009 s 10(6)\nPt 11\n\ns 75\n\ns 75(1) and (2)\ns 75(3)\n\nsubstituted by 21/2013 Sch 2 cl 30\n\namended by 49/2025 s 23\ns 76\n\ns 76(1)\namended by 95/1995 s 10(a)\n\namended by 81/2005 s 17(1), (2)\n\ns 76(2)\namended by 81/2005 s 17(3), (4)\n\ns 76(3)\namended by 95/1995 s 10(b)\n\ndeleted by 81/2005 s 17(5)\ns 78\n\ns 78(3)\namended by 21/2013 Sch 2 cl 31(1), (2)\ns 79\n\ns 79(1)\namended by 21/2013 Sch 2 cl 32(1)\ns 79(3)\namended by 21/2013 Sch 2 cl 32(2), (3)\nPt 12\n\ns 80\n\ns 80(2)\nsubstituted by 81/2000 s 19\n\namended by 21/2013 Sch 2 cll 3(1), 33(1)—(3)\n\n(f) deleted by 21/2013 Sch 2 cl 33(4)\n\n(g) deleted by 21/2013 Sch 2 cl 33(5)\n\n(h) deleted by 21/2013 Sch 2 cl 33(6)\n\n(j) deleted by 21/2013 Sch 2 cl 33(7)\ns 80(3)\nsubstituted by 51/2017 s 116\nPt 13\n\namended by 21/2013 Sch 2 cl 34\ns 81\nsubstituted by 45/1994 s 23\n\namended by 21/2013 Sch 2 cl 35\ns 82\namended by 21/2013 Sch 2 cl 36\nPt 14\n\ns 83\n\ns 83(1)\namended by 21/2013 Sch 2 cll 3(1), 37\ns 83(2)\namended by 45/1994 s 10\n\namended by 81/2000 s 20\n\ns 83(3)\n\ns 84(1) and (2)\ns 84(3)\ns 85\ns 86\ndeleted by 34/1996 s 4 (Sch cl 18)\n\ninserted by 23/2007 s 6\n\ndeleted by 16/2013 s 48\n17.6.2013\ns 87\n\ns 87(1)\namended by 23/2007 s 7\n\namended by 21/2013 Sch 2 cll 3(1), 38\ns 87(2)\namended by 17/2021 s 16\ns 88\ndeleted by 37/2002 s 9\ns 89\n\ns 89(1)\ns 89(3)\nsubstituted by 81/2000 s 21\ns 89(4) and (5)\ninserted by 81/2000 s 21\ns 90\n\ns 90(1)\namended by 21/2013 Sch 2 cl 39\ns 90(2)\namended by 42/2009 s 5\ns 90AA\ninserted by 21/2013 Sch 2 cl 40\ns 90A\ninserted by 42/2009 s 6\ns 90A(3)\namended by 21/2013 Sch 2 cl 41(1)\ns 90A(4)\ndeleted by 21/2013 Sch 2 cl 41(2)\ns 91 before substitution by 21/2013\n\ns 91(1)\namended by 23/2007 s 8(1)\ns 91(2)\namended by 23/2007 s 8(2)\n\n(ad) and (ae) deleted by 42/2009 s 7(1)\n\namended by 42/2009 s 7(2)\ns 91(7)\nsubstituted by 79/2000 Sch cl (a)\ns 91(8)\ninserted by 34/1996 s 4 (Sch cl 18)\ns 91\nsubstituted by 21/2013 Sch 2 cl 42\ns 91(2)\namended by 49/2025 s 24\ns 91(6)\ninserted by 17/2021 s 17\nSch 1\n\ncl 1\n\ncl 1(1)\namended by 45/1994 s 24\nSch 1A\ninserted by 8/2009 s 11\nPt 1\n\ncl 1\n\ndeleted by 17/2021 s 18(1)\nPt 2\n\nsubstituted by 63/2017 s 7(1)\ncl 2\namended by 17/2021 s 18(2)—(5)\ncl 3\ndeleted by 17/2021 s 18(6)\ncl 6\n\ncl 6(2)\n\nsubstituted by 17/2021 s 18(7)\ncl 6(3)\namended by 17/2021 s 18(8)\ncl 6(4)\nPt 3\n\ncl 7\namended by 63/2017 s 7(2), (3)\n\namended by 17/2021 s 18(9)\nPt 4\n\ncl 8\n\ncl 8(2)\namended by 17/2021 s 18(10)\nSch 2\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\ncl 2\n\ncl 2(4)—(8)\ninserted by 45/1994 s 25\ncl 3\ninserted by 53/2005 s 4\n17.11.2005\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nHarbors and Navigation (Miscellaneous) Amendment Act 2000\n14—Transitional provision\n\t(1)\tOn the commencement of section 7 of this Act, the appointed members of the State Crewing Committee who held office immediately prior to that commencement vacate their offices so that appointments may be made to the Committee under the principal Act as amended by this Act.\n\t(2)\tSubsection (1) does not derogate from section 16 of the Acts Interpretation Act 1915.\nStatutes Amendment (Transport Portfolio) Act 2001\n9—Transitional provision\nAn amendment to the principal Act effected by a provision of this Part does not apply in relation to an offence committed before the commencement of that provision.\nHarbors and Navigation (Australian Builders Plate) Amendment Act 2007, Sch 1—Validation provision\n\tPart 9 Division 1A of the Harbors and Navigation Regulations 1994 has the same force and effect, and will be taken to always have had the same force and effect, as if made under the Harbors and Navigation Act 1993 as amended by section 8(2) of this Act.\nHarbors and Navigation (Miscellaneous) Amendment Act 2009, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nFacilities Fund means the Fund established under section 90A of the Harbors and Navigation Act 1993 as inserted by this Act;\nRecreational Boating Facilities Fund means the Fund established under Part 15 of the Harbors and Navigation Regulations 2009 as in force immediately before the commencement of this Act.\n2—Funds\nOn the commencement of this Act, all money in the Recreational Boating Facilities Fund must be transferred into the Facilities Fund.\nMarine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013, Sch 2\n43—Transitional provision\nA certificate of competency of a class appropriate to operate a recreational vessel (a boat operator's licence) in force under the Harbors and Navigation Act 1993 immediately before the commencement of this Act, continues in force subject to that Act (as amended by this Act) as if it were a boat operator's licence issued under that Act (as amended by this Act).\nStatutes Amendment (SACAT No 2) Act 2017, Pt 21\n117—Transitional provisions\n\t(1)\tA right to appeal to the Court of Marine Enquiry under section 28F of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tA right to a review by the Court of Marine Enquiry under section 80(3) of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(3)\tNothing in this section affects any proceedings before the Court of Marine Enquiry commenced under the principal Act before the relevant day.\n\t(4)\tIn this section—\nprincipal Act means the Harbors and Navigation Act 1993;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—2.6.1994\n\nReprint No 2—3.2.1997\n\nReprint No 3—7.12.1997\n\nReprint No 4—2.1.2001\n\nReprint No 5—25.1.2001\n\nReprint No 6—12.4.2001\n\nReprint No 7—31.10.2001\n\nReprint No 8—27.5.2002\n\nReprint No 9—3.7.2003\n\nReprint No 10—24.11.2003\n\nReprint No 11—15.12.2003\n\n17.11.2005\n\n1.12.2007\n\n25.9.2008\n\n17.6.2013\n\n24.4.2018\n\n","sortOrder":24}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has a broader and more detailed scope than a simple harbor‑management statute.  Over time its coverage has expanded to include: (a) a structured port privatisation/contracting model (port operating agreements and manager powers — ss 28A–28H); (b) an explicit facilities levy and Facilities Fund for capital and maintenance (ss 90AA, 90A); (c) a comprehensive alcohol/drug testing, sampling and evidentiary regime with procedural safeguards (Part 10 Div 4; Schedule 1A); and (d) mechanisms to apply Commonwealth navigation law and the Marine Safety National Law to certain vessels (s 81; s 6A).  These additions shift the Act from solely setting navigational and safety rules to including detailed commercial, evidentiary and funding instruments.  The legislative text concentrates operational discretion with the Minister and CE while delegating much technical detail to regulations and contractual port operating agreements (ss 11, 28B, 91), which materially changes how regulated parties will experience scope in practice."},"complexity_factors":["Extensive cross‑references to regulations and other statutes (s 4, s 81, s 91) that determine critical definitions and application","Multiple actors with overlapping powers: Minister, CE, authorised persons, port operators, port management officers (ss 8–9, 11–12, 28A, 29)","Broad discretionary powers (delegation s 11; exemptions s 83; harbour rules s 29AA) increasing legal uncertainty about practical requirements","Detailed technical and evidentiary procedures for alcohol/drug testing and sample handling (Part 10 Div 4; Schedule 1A)","Property and commercial regime combined with regulatory enforcement: vesting of land (s 15), leasing/sale powers (s 19), port operating agreements (ss 28A–28B) and charge/levy mechanisms (ss 31, 90AA)","Layering of criminal, civil recovery and administrative remedies (penalties, seizure/sale of vessels, debt recovery, disciplinary action) across many provisions (ss 31B–31C, 28F, 73)","Transitional and amendment history affecting current boundaries and treatment of classes of vessels (s 6A and legislative history)","Multiple categories of offences and tiered penalties (e.g. alcohol categories, varied maxima across sections) requiring classification in enforcement"],"plain_english_summary":"What this law does, mechanically\n\n- Establishes a single legal framework for managing South Australian harbors, ports and navigable waters (objects and scope: ss 3, 6).  The Minister (a corporation sole) and a nominated chief executive (CE) run the system and may delegate powers (ss 8, 9, 11). \n\n- Vests most adjacent and subjacent land, wharves, jetties, navigational aids and related structures in the Minister (s 15).  The Minister may sell, lease or licence such land or structures, or place them under the care of other authorities (ss 18, 19).  Councils may make by‑laws for parts of harbors with approval (s 18A).\n\n- Allows the Minister to assign control and management of a port to a private or other operator under a port operating agreement.  Those agreements set operational, safety and emergency obligations for port operators, may require payments to the Crown and can be varied or terminated by the Minister (ss 28A–28E, 28B, 28D–28H).  The Minister may take disciplinary action, impose fines or appoint an official manager if the port operator breaches the agreement (s 28F, 28G, 28H).\n\n- Gives the Minister, the CE, authorised persons and port management officers wide day‑to‑day powers to regulate vessel movements and harbor operations: making harbor rules (s 29AA), giving directions (s 29B), boarding and inspecting vessels (ss 14, 29C), and prohibiting use of unsafe vessels (ss 66, 68).  Harbour rules may be published in the Gazette and apply despite inconsistent council by‑laws (s 29AA(1), (5), (6)).\n\n- Sets commercial and enforcement arrangements: the Minister may fix charges for use of facilities, arrest or sell a vessel for unpaid charges, and recover costs for wreck clearance or harbor improvement work (ss 31, 31B–31C, 25, 30).  Fees and many charges are required to be published (s 31(3)).  A facilities levy on owners funds the Facilities Fund to establish, maintain and improve vessel facilities (ss 90AA, 90A).\n\n- Regulates who may operate and hire vessels: boat operator’s licences, hire‑of‑vessel licences, and registration requirements (Parts 7, 8, 9; ss 47, 52, 55).  Some categories of vessel are treated differently by regulation or by reference to the national Marine Safety (Domestic Commercial Vessel) National Law (s 6A, s 81).\n\n- Establishes safety and incident rules: general safety obligations for vessels (s 65), emergency powers for the Minister (s 67), compulsory pilotage in prescribed areas (ss 33–36, 35), duties to report accidents and to give assistance (Parts 10–11, ss 75–76), and a Court of Marine Enquiry process (Part 12, ss 77–79).\n\n- Implements an alcohol and drug testing and evidentiary regime for vessel operators and crew, including powers to require alcotests, breath analyses, drug screening, oral fluid analysis and blood tests; procedural safeguards and sample handling rules are set out (Part 10 Division 4; ss 70–74; Schedule 1A).  Test results generate statutory evidentiary presumptions and penalties are tiered by seriousness (ss 73, 73A, 73B).\n\nWho this affects and who pays\n\n- Owners and operators of vessels: must register vessels, hold licences, comply with safety equipment and marking requirements, pay charges and levies, and may be liable for damage to Crown or private harbor property (ss 55, 47, 65, 31, 90AA, 21).  Owners/consignors/consignees may be jointly liable for charges (s 31B(1); s 90AA(4)).\n\n- Port operators: when appointed they take on operational responsibilities and costs under port operating agreements (ss 28A, 28B, 28C).  They may recover or be required to pay fees set out in agreements (s 28B(g)).\n\n- Licensees, hire businesses and boat hirers: must hold and comply with licences and conditions (Parts 7–8, ss 47, 52, 53).\n\n- General public and recreational users: subject to harbor rules, restricted areas and safety directions (ss 29AA, 27, 67A).\n\n- Persons involved in accidents or suspected offences: may be required to provide breath, oral fluid or blood samples; hospitals and medical practitioners have duties about blood samples in certain circumstances (ss 71–74; Schedule 1A).\n\nWhy it matters (stated purpose then practical trade‑offs)\n\n- Stated purpose: the Act aims to administer, develop and manage harbors; promote trade; provide safe navigation and safe use of waters for recreational and aquatic activities; and, where relevant, further objectives for protected areas such as the Adelaide Dolphin Sanctuary or marine parks (s 3).\n\n- Practical trade‑offs and mechanisms the Act creates that shape incentives:\n  - Centralised control of harbor land and aids (vesting and control: s 15; ss 22–23) gives the Minister capacity to plan, lease and extract charges, concentrating decisions with the Crown while allowing delegation to port operators (ss 19, 28A).  That creates a clear owner/operator path (who decides: Minister/CE; who pays: users and owners via charges, levies and fees) but also concentrates regulatory discretion (ss 8, 9, 11, 83).\n  - Port operating agreements transfer operational risk and recurring duties to private port operators under contract (ss 28A–28C).  Port operators obtain revenue opportunities (charges or commercial operation) but must meet safety, navigational maintenance and contingency obligations (s 28B).  The Minister retains disciplinary and managerial powers (s 28F, 28G), which changes the private actor’s incentive profile toward contractual compliance.\n  - Fee and levy mechanisms (ss 31, 90AA, 90A) create recoverable revenue streams for Crown services and capital works.  Users (owners, consignors/consignees) carry explicit cost burdens, and non‑payment exposes vessels and goods to arrest or sale (ss 31B–31C).  The CE must publish charges (s 31(3)), which is a transparency mechanism but the rates and exemptions remain largely regulatory decisions.\n  - Safety and enforcement provisions (boarding, direction, prohibition, testing: ss 14, 29B, 29C, 66, 71–72) impose compliance costs on vessel operators and create criminal penalties for non‑compliance.  The Act provides administrative remedies (exemptions s 83; reviews in s 80) but leaves considerable operational discretion to authorised persons and the CE, meaning compliance costs can be variable depending on implementation.\n  - The alcohol/drug testing and sample processes (Part 10 Div 4; Schedule 1A) standardise evidence procedures and create presumptions in prosecutions (ss 73, 73A, 73B).  They also impose duties on medical practitioners and police for sample handling and reporting (Schedule 1A).  These technical rules reduce evidentiary uncertainty but increase procedural complexity for enforcement and defence.\n\nCosts, incentives and implementation risks (concrete mechanisms)\n\n- Who pays: vessel owners and users pay levies, charges, fees and possible penalties (ss 31, 90AA, 64B, 73, 74).  Where the Minister or port operator incurs costs to clear wrecks or perform work, those costs may be recovered from responsible persons (s 25(3); s 30(2)).\n\n- Concentrated benefits vs diffuse costs: appointment of a port operator or grant of commercial rights (ss 28A–28B, 19) creates concentrated private benefit to the proprietor; costs (charges, enforcement, compliance) are borne by a broader set of vessel owners and users through fees and levies (ss 31, 90AA).\n\n- Compliance burden and administrative discretion: many operational elements are delegated to regulations or to the discretion of the Minister/CE/authorised persons (definitions in s 4, regulatory power s 91, harbour rules s 29AA).  That means much practical detail will be in subordinate instruments and in port operating agreements, producing legal complexity for affected businesses and vessels.\n\n- Implementation risk: the Act depends on properly resourced authorised persons, accredited analysts and port operators (ss 12, 29, 28B(a)).  Technical processes for sampling and evidence are detailed (Schedule 1A), so errors in chain of custody or certification can affect prosecutions (ss 73(10)–(16); Schedule 1A).  The CE and Minister have broad revocable and conditional delegation powers (s 11) and absolute cancellation power over exemptions (s 83(3)), which can create operational uncertainty for regulated parties.\n\n- Interplay with other laws: the Act expressly allows application of the Commonwealth Navigation Act 2012 or the Marine Safety National Law by regulation (ss 6A, 81) and contains many cross‑references to other laws (e.g. Road Traffic Act definitions per s 4).  That adds layers of legal interaction that affect businesses operating across state/ Commonwealth boundaries.\n\nConcrete behavioural changes mandated by the Act (examples and sections)\n\n- Vessel owners must register and mark eligible vessels (s 55) and may be prevented from obtaining a certificate of registration until facility levies are paid (s 90AA(8)).\n- Operators must hold boat operator’s licences or prescribed certificates to operate particular classes of vessel (s 47) and hire businesses must be licensed (s 52).\n- Operators and crew can be directed to stop, submit to tests and provide samples; refusal carries criminal penalties (ss 71–72).\n- Port users must follow harbour rules, CE / authorised person directions and safety directions (ss 29AA, 29B, 67A).\n\nWhere discretion and costs concentrate (citation)\n\n- Minister/CE wide decision‑making and regulatory role (ss 8, 9, 11, 91).  Many important matters are left to regulations or port operating agreements (s 28B, s 91).\n- Port operator contracting concentrates operational control but remains subject to Ministerial oversight and potential fines or takeover (ss 28A, 28B, 28F, 28G).\n- Fees, levies and charges are mechanisms by which the costs of harbor facilities are shifted onto owners and users (ss 31, 90AA)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":722},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1993 focus on harbor administration and navigation. Major scope creep includes: (1) 2009 addition of Australian Builders Plate requirements for recreational boat manufacturing/sales; (2) 2013 integration with Commonwealth National Law creating complex dual-track regulation for commercial vessels; (3) extensive 2009-2017 expansion of alcohol and drug testing mirroring road traffic legislation; (4) 2017-2021 amendments adding emergency safety directions, SACAT review mechanisms, and dolphin sanctuary/marine park overlays. The 2025 amendments continue this trend with new harbor rules powers and wreck removal provisions."},"complexity_factors":["Extensive cross-referencing with Commonwealth Navigation Act 2012, Marine Safety (Domestic Commercial Vessel) National Law, Road Traffic Act 1961, and multiple other statutes","47+ defined terms in interpretation section including nested definitions (e.g., 'commercial vessel' excludes vessels declared by regulation, which itself references other declared classes)","Complex conditional logic for alcohol/drug offences with three-tier categorisation (category 1/2/3 offences) and escalating penalties based on prior convictions within 5-year windows","Detailed procedural requirements for blood and oral fluid sampling in Schedule 1A with chain-of-custody provisions, certificate requirements, and destruction protocols","Port operating agreements framework with layered delegation: Minister → port operator → port management officers, each with conditional powers","Multiple overlapping jurisdictions: applies within SA, to territorial sea, and extraterritorially to extent of parliamentary power","Nested exceptions in section 6A excluding 'excluded vessels' (domestic commercial vessels under Commonwealth law) from most but not all Parts","Transitional provisions spanning from 1936 Marine Act through to 2025 amendments with complex savings clauses"],"plain_english_summary":"This is South Australia's main law governing harbors, ports, and boating safety. It does four big things:\n\n**1. Manages harbors and ports**\n- The Minister controls all harbors, but can hand over day-to-day management of ports to private operators through \"port operating agreements\"\n- Port operators must keep waters navigable, maintain safety equipment, and direct vessel traffic\n- The Minister can step in during emergencies or if operators fail, including appointing an official manager\n\n**2. Regulates vessels and boating**\n- Requires boat operator's licences for most powered vessels (with exemptions for some hire-and-drive boats)\n- Makes registration compulsory for powered vessels\n- Introduced \"Australian Builders Plates\" — safety plates showing maximum passenger and engine capacity that must be affixed to new boats before sale\n\n**3. Keeps waterways safe**\n- Sets strict alcohol and drug limits for boat operators (0.05 blood alcohol, same as driving)\n- Authorised officers can conduct breath tests, drug screening, and blood tests\n- Creates offences for careless or dangerous operation of vessels\n- Establishes a Court of Marine Enquiry to investigate accidents and misconduct\n\n**4. Protects navigation and environment**\n- Controls navigational aids (lighthouses, buoys, beacons)\n- Allows declaration of restricted areas and safety directions\n- Requires special consideration for the Adelaide Dolphin Sanctuary and marine parks\n\n**Who it affects:** Anyone who owns or operates a boat in SA waters, commercial shipping companies, port operators, harbor users, and businesses hiring out vessels."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The input consists entirely of a website error page from the SA legislation portal, not the text of the Harbors and Navigation Act 1993."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","The document contains only website navigation elements and an error message, not legislative text","Complexity cannot be meaningfully assessed without access to the actual Act"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Harbors and Navigation Act 1993* (South Australia) returned a **404 Page Not Found** error from the SA legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual law can be provided because the legislative text was not accessible. To find the current version of this Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *Harbors and Navigation Act 1993*."}},"importantCases":[],"_links":{"self":"/api/acts/harbors-and-navigation-act-1993","history":"/api/acts/harbors-and-navigation-act-1993/history","analysis":"/api/acts/harbors-and-navigation-act-1993/analysis","conflicts":"/api/acts/harbors-and-navigation-act-1993/conflicts","importantCases":"/api/acts/harbors-and-navigation-act-1993/important-cases","documents":"/api/acts/harbors-and-navigation-act-1993/documents"}}