{"id":"western-australian-marine-infringements-regulations-1985","name":"Western Australian Marine (Infringements) Regulations 1985","slug":"western-australian-marine-infringements-regulations-1985","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183909,"registerId":"wa-western-australian-marine-infringements-regulations-1985-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Marine (Infringements) Regulations 1985","content":"![Crest]()Western Australia\n\nWestern Australian Marine Act 1982\n\nWestern Australian Marine (Infringements) Regulations 1985\n\nWestern Australia\n\nWestern Australian Marine (Infringements) Regulations 1985\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Modified penalties 1\n\n4. Forms 1\n\nSchedule 1 — Modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 21\n\nDefined terms\n\n  \n\nWestern Australian Marine Act 1982\n\nWestern Australian Marine (Infringements) Regulations 1985\n\n##### 1. Citation\n\nThese regulations may be cited as the *Western Australian Marine (Infringements) Regulations 1985*.\n\n##### 2. Commencement\n\nThese regulations shall come into operation 3 months after the day on which they are published in the *Gazette*.\n\n[**3A.** Deleted: SL 2024/191 r. 47.]\n\n##### 3. Modified penalties\n\nThe amount specified in the fourth column of Schedule 1 opposite the description set out in the third column of that Schedule of an offence created by the provision specified opposite thereto in the second column of that Schedule is the modified penalty in respect of that offence for the purposes of section 132(1) of the Act.\n\n##### 4. Forms\n\nThe several forms specified in Schedule 2 are prescribed for the respective purposes for which forms are required by sections 132(1), 132(5), 133(2) and 134(1) of the Act.\n\n[**5.** Deleted: SL 2025/215 r. 12.]\n\nSchedule 1 — Modified penalties\n\n[r. 3]\n\n[Heading inserted: Gazette 13 Nov 2009 p. 4538.]\n\n| **Item** | ***Navigable Waters Regulations 1958*** | **Description of offence** | **Modified   penalty   $** |\n| --- | --- | --- | --- |\n| 1 | 6A | Failing to comply with directions | 200 |\n| 1AA | 10(a) | Obstructing, impeding or interfering with passage of vessel approaching or leaving public jetty or bridge | 100 |\n| 1AB | 10(b) | Causing a nuisance to any person on, in or about vessel, public jetty or bridge | 100 |\n| 1AC | 10A(b) (as read with r. 20) | Swimming from or near public jetty or bridge specified in notice or within area of navigable waters defined in notice | 100 |\n| 1A | 14 | Vessel travelling so as to cause nuisance or damage | 160 |\n| 1B | 14A(a) | Navigating vessel so as to endanger safety of vessel or person | 200 |\n| 2 | 14A(b) | Navigating vessel so as to obstruct, impede or interfere with other vessel | 160 |\n| 3 | 14B | Permitting person to expose portion of body to risk of injury beyond hull limits of vessel | 60 |\n| 4 | 15(1) | Motor boat towing more than one vessel through or under bridge | 60 |\n| *[5 deleted]* | | | |\n| 6 | 19A | Vessel exceeding speed of 10 knots between sunset and sunrise — |  |\n|  |  | (a) by not more than 10 knots | 160 |\n|  |  | (b) by more than 10 knots | 200 |\n| 7 | 19B | Using or setting off signal, flare, rocket or other distress signals, except in case of emergency or vessel in distress, without prior written permission of Department | 200 |\n| 8 | 19C(1) | Failing to exhibit on vessel required diving flag | 100 |\n| 8A | 19C(3) | Failing to display required lights on vessel from which a person is diving | 100 |\n| 8B | 19D(1)(a) | Failing to display a diving flag at the place where the person is diving | 100 |\n| 8C | 19D(1)(b) | Failing to display required lights when diving at night otherwise than from a vessel | 100 |\n| 9 | 19E(1) | Failing to maintain distance of 50 m between vessel and place or other vessel displaying diving flag or, during the hours of darkness, the appropriate signal, or failing to reduce speed of vessel to slowest navigable speed whilst passing within 50 m of that place or other vessel | 200 |\n| 10A | 19E(4A) | Failing to proceed at a safe speed or maintain a proper look out while in the vicinity of a place or vessel displaying a diving flag or appropriate signal, but at least 50 m clear of that place or vessel | 200 |\n| 10B | 40D(2)(a) | Causing or allowing vessel or other thing to be an obstruction referred to in regulation 40C(2)(b)    or (c) | 400 |\n| 10C | 40D(3) | Placing crab drop net, fishing net, marker buoy or other buoyed object in channel, fairway or passage | 200 |\n| 10D | 40E(2) | Climbing on or accessing obstruction | 200 |\n| 10E | 40E(3) | Interfering with obstruction | 2 000 |\n| 10F | 40E(4) | Relevant person accessing or interfering with obstruction other than in accordance with remedy notice | 2 000 |\n| 10G | 40F(6)(a) | Failure to comply with remedy notice | 400 |\n| *[10-12 deleted]* | | | |\n| 13 | 45B(1)(a) | Using or having on navigable waters unregistered registrable vessel | 160 |\n| 14 | 45B(1)(b) | Failing to have current boat registration label properly affixed to vessel | 80 |\n| 15 | 45B(7) | Failing to have registrable vessel legibly marked with registration number | 80 |\n| 16 | 45B(8) | Registrable vessel failing to have required identification marking when proceeding north of Geraldton | 60 |\n| 17 | 45BA(4)(c) | Use of vessel with incorrectly affixed dealer plates | 60 |\n| 18 | 45D(1)(a) | Failing to produce certificate of registration of vessel within specified time | 40 |\n| 19 | 45D(1)(b) | Failing to notify Department of change of registered particulars, or of address of owner, of vessel within 15 days | 120 |\n| 20 | 45E(1)(a) | Failing to furnish purchaser of vessel with registration certificate | 60 |\n| 21 | 45E(1)(b) | Failing to notify Department of sale or disposal of registered vessel within 7 days | 60 |\n| 22 | 45E(2)(a) | Failing to apply for transfer of registration within 15 days of acquisition of registered vessel | 120 |\n| 23 | 45E(3) | Failing to notify Department of loss of registered vessel within 15 days | 60 |\n| *[23A-23D deleted]* | | | |\n| 23E | 47A(3) | Person between 10 and 14 driving an RST vessel unless under supervision | 200 |\n| 23F | 47A(4) | Person between 14 and 16 driving an RST vessel unless —<br>(a) holding a recreational skipper’s ticket and driving at not more than 8 knots and during the daytime; or<br>(b) under supervision | 200 |\n| 23G | 47A(5) | Person over 16 driving an RST vessel unless holding a recreational skipper’s ticket or under supervision | 200 |\n| 23H | 47A(6) | Allowing RST vessel to be driven in contravention of regulation 47A | 200 |\n| 23I | 47H | Failing to produce recreational skipper’s ticket on request | 200 |\n| 23J | 47I | Holder of recreational skipper’s ticket failing to notify change of details | 120 |\n| 24 | 48(a)(i) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing in water with a depth of less than 3 m | 160 |\n| 24A | 48(a)(ii) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a river bank or low water mark | 160 |\n| 24B | 48(b) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing in or through mooring    area | 160 |\n| 24C | 48(c) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 15 m of a vessel underway | 160 |\n| 24D | 48(d)(i) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a moored vessel | 160 |\n| 24E | 48(d)(iii) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a person in the water | 200 |\n| 24F | 48(d)(iv) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a jetty or wharf | 160 |\n| 24G | 48(e) | Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing through an arch of a bridge | 160 |\n| 25 | 48A(2) | Driving motor boat towing para‑sailor or water skier in area not set aside for purpose | 200 |\n| 26 | 49(1) | Towing para‑sailor or water skier without observer in towing speed boat | 160 |\n| 27 | 49(2) | Driver of or observer in speed boat towing para‑sailor or water skier failing to maintain constant lookout or watch | 120 |\n| *[28 deleted]* | | | |\n| 29 | 49C | Failing to drive speed boat at least 50 m behind water skier or other boat | 120 |\n| 30 | 49D | Driver of boat about to take off failing to yield right of way to speed boat landing water skier | 60 |\n| 31 | 49E | Trailing ski rope within 30 m of shore in water ski   area | 60 |\n| 32 | 49G | Failing to keep speed boat towing water skier at least 30 m from shore when not engaged in landing or taking off water skier | 60 |\n| 33 | 49H | Driver of speed boat failing to maintain correct distance after landing water skier before retrieving tow line or thereafter driving speed boat at more than 8 knots or so as to interfere with or obstruct other boat towing water skier | 120 |\n| 34 | 49I | Driver of speed boat failing to maintain distance of 25 m from shore when landing water skier | 60 |\n| 35 | 49J | Sitting on gunwale or back of driving seat when driving speed boat | 60 |\n| 36 | 49K | Water skier failing to retrieve water ski | 60 |\n| 37 | 49M(a) or (b) | Using navigable waters for purpose of slalom course or ski‑jump — |  |\n|  |  | (a) without prior written permission of Department | 100 |\n|  |  | (b) without required marker buoys and    pennants | 60 |\n| 38 | 50(1) | Driving motor boat towing water skier between sunset and 8 am on Swan River or between sunset and 9 am on Canning River | 200 |\n| 38A | 50A(2) | Freestyle driving, surfing or wave jumping in a prohibited area | 200 |\n| 38B | 50A(3) | Freestyle driving, surfing or wave jumping within —<br>(a) 30 m of another personal watercraft; or<br>(b) 50 m of any other vessel or person | 200 |\n| 38C | 50B(3) and (4) (as read with (8)) | Person over 12 years failing to wear appropriate lifejacket | 200 |\n| 38D | 50B(5) (as read with (8)) | Person over 12 years required to wear appropriate lifejacket failing to produce the lifejacket they are wearing to officer of Department on demand | 160 |\n| 38E | 50B(6) (as read with (9)) | Master of a vessel failing to ensure that an appropriate lifejacket is worn by a person on the vessel | 200 |\n| 38F | 50B(7) (as read with (9)) | Master of a vessel failing to produce to officer of Department on demand a lifejacket being worn by a person on board who is under 12 and required to wear an appropriate lifejacket | 160 |\n| 39 | 51 | Using motor boat not fitted with efficient silencer approved by Department | 160 |\n| 40 | 51A | Causing or permitting motor boat to emit smoke or vapour causing danger, nuisance or annoyance | 160 |\n| *[40A, 41 deleted]* | | | |\n| 42 | 52A(2) | Failing to equip registrable vessel with required number of lifejackets | 200 |\n| 42A | 52A(3) | Failing to equip non‑registrable vessel while outside protected waters and more than 400 m from any shore with required number of lifejackets | 200 |\n| 43 | 52B | Failing to equip pleasure vessel while outside protected waters and more than 400 m from any shore with required number of distress signals | 160 |\n| 43A | 52BAA | Failing to equip vessel that proceeds more than 4 nautical miles from any shore with a marine transceiver | 200 |\n| 43B | 52BAB | Failing to equip pleasure vessel that is outside protected waters and more than 400 m from any shore with —<br>(a) an Electronic Position‑Indicating Radio Beacon; or<br>(b) a personal locator beacon attached to a person on board the vessel | 200 |\n| 44 | 52BA(1)(a) | Failing to maintain items of safety equipment of vessel in serviceable condition | 160 |\n| 45 | 52BA(1)(b) | Failing to have safety equipment of vessel readily accessible to all persons on board | 160 |\n| 46 | 52BA(3) | Failing to produce items of safety equipment to officer of Department on demand | 160 |\n| 46A | 52BB | Failing to maintain lifejacket worn on personal watercraft in serviceable condition | 200 |\n| *[47 deleted]* | | | |\n| 48 | 52G | Failing to display navigation lights on small motor boat as required | 200 |\n| 48A | 74(2) | Making endorsement on, or alteration to, infringement notice | 100 |\n\n| **Item** | **Western Australian Marine Act   Section** | **Description of offence** | **Modified penalty   $** |\n| --- | --- | --- | --- |\n| 48B | 19(4) | Failure to comply with direction under section 19(1) or (2) | 400 |\n| 49 | 64A(1)(a) (as read with (3)) | Failing to stand by to render assistance after a    marine incident | 500 |\n| 50 | 64A(1)(b) (as read with (3)) | Failing to render assistance after a marine    incident | 500 |\n| 51 | 64A(1)(c) (as read with (3)) | Failing to give details after a marine incident | 500 |\n| 52 | 64B(2) (as read with (3C)) | Master or owner of a vessel failing to report a marine incident involving damage to the vessel | 200 |\n| 53 | 64B(4) | Master or owner of a vessel failing to give a written report of a marine incident involving an injury or death, or damage to the vessel, confirming any earlier report of the incident | 200 |\n| *[54‑73 deleted]* | | | |\n| 74 | 66(3)(a) | Obstructing an authorised person in relation to an area closed to navigation | 200 |\n| 75 | 66(3)(b) | Navigating a vessel in an area closed to navigation | 200 |\n| 76 | 67(3) | Exceeding speed limit by — |  |\n|  |  | (a) more than 3, but less than 5, knots | 100 |\n|  |  | (b) 5 or more, but less than 10, knots | 160 |\n|  |  | (c) 10 knots or more | 200 |\n| 77 | 69 | Failing to batten down and secure hatches | 100 |\n| 78 | 70(1) | Going on board a vessel in port at night without authority | 100 |\n| 79 | 75BF | Careless navigation of a vessel | 300 |\n| 80 | 75D(1) | A first offence of navigating or attempting to operate a vessel while BAC is 0.05 or above | 1 000 |\n| 81 | 75GF(5) | Failing to comply with a prohibition notice | 600 |\n| *[82‑89 deleted]* | | | |\n| 90A | 79(2) | Failure of the master or person in charge of a vessel to comply with the Prevention of Collisions in State Waters Regulations 1983 | 300 |\n| 90 | 91(1) | Carrying dangerous goods without proper markings | 200 |\n| 91 | 97(1) | Carrying explosives on a passenger ship without proper protection | 200 |\n| 92 | 132(8) | Removing an infringement notice from a vessel | 100 |\n\n|  | ***W.A. Marine (Hire and Drive Vessels) Regulations 1983* (provision of Uniform Code)** |  |  |\n| --- | --- | --- | --- |\n| 93 | 3.4.1 | Failing to fix registration plates to hire and drive vessel | 50 |\n| 94 | 3.4.2 | Failing to maintain markings on hire and drive vessel | 50 |\n| 95 | 3.12.1 | Failing to notify the CEO of repairs or alterations to hire and drive vessel | 50 |\n| 96 | 3.13.2 | Failing to report an accident involving hire and drive vessel | 50 |\n| 97 | 4.2.2 | Overloading a hire and drive vessel | 100 |\n\n\n[Schedule 1 inserted: Gazette 9 Jun 1992 p. 2381‑2; amended: Gazette 30 Jun 1992 p. 2910; 7 May 1993 p. 2361‑2; 31 Dec 1993 p. 6911‑2; 14 Jun 1996 p. 2607; 30 May 1997 p. 2497‑9; 27 Oct 1998 p. 5965; 11 Dec 1998 p. 6652; 17 Jun 2003 p. 2221; 23 Dec 2005 p. 6278‑9; 10 Feb 2006 p. 666; 26 May 2006 p. 1880; 13 Nov 2009 p. 4538; 17 Nov 2009 p. 4631‑2; 4 Jan 2013 p. 9; 3 Mar 2017 p. 1490‑1; SL 2021/147 r. 38; No. 135 of 2023 r. 39; SL 2024/61 r. 4; SL 2024/191 r. 48; SL 2025/68 r. 14; SL 2025/215 r. 13.]\n\nSchedule 2 — Forms\n\n[r. 4]\n\n[Heading inserted: Gazette 9 Oct 2012 p. 4756.]\n\n**1. Infringement notice**\n\nPart 1\n\n- *Western Australian Marine Act 1982*, s. 132(1)**Infringement notice** Infringement notice no.:\n- Date of service:\n- **TO:***or***TO:** Surname/ Company name and ACN\n- Other names\n- Address\n- Date of birth Male/Female\n- Tick if this notice is addressed to the above person as the owner of the vessel described below.\n- The owner of the vessel described below (whose identity is not known and cannot immediately be ascertained).\n- **Vessel** Vessel name: Reg. no.: Reg. expiry date:\n- Vessel type: Length (metres): No. persons onboard:\n- Construction material: Colour:\n- Engine type: Inboard Outboard Engine make: Kw/Hp:\n- **Alleged offence** Date Time\n- Place\n- Legislation\n- Provision\n- Details of offence\n- **Authorised person issuing notice** Name\n- Authorised person no.\n- Signature\n- **Modified penalty** $_________\n- **TAKE NOTICE** It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty in accordance with Part 2 of this notice within 28 days after the date of service of this notice.If you do not pay the modified penalty within that period, you may be prosecuted or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.If this notice is addressed to you as the owner of the vessel described above (whether or not your identity is known), the *Western Australian Marine Act 1982* section 132(3) says, in effect, that you are, in the absence of proof to the contrary, deemed to be the person who was in charge of the vessel at the time the above alleged offence is believed to have been committed. This does not apply if within 21 days after the date of service of this notice — ● the modified penalty for the alleged offence is paid; or ● you — ● inform an authorised person of the identity and address of the person who was in charge of the vessel at the time of the alleged offence; or ● satisfy an authorised person that the vessel had been stolen or unlawfully taken, or was being unlawfully used at that time.Any inquiry you have in relation to this matter is to be made in writing and sent by post to: *[Insert details]*If you want this matter to be dealt with by prosecution in court, you may decline to be dealt with under the *Western Australian Marine Act 1982* section 132 by completing the **Election to have matter dealt with by a Court** section in Part 2 of this notice and posting Part 2 to the designated officer at the address below.\n\n\nPart 2 (detachable)\n\n- Infringement notice no:________________\n- **Election to have matter dealt with by a Court** I decline to be dealt with under the *Western Australian Marine Act 1982* section 132 and elect to be prosecuted in Court for the alleged offence.________________________________\n*(Name)*________________________________ ___/___/___\n*(Signature) (Date)***Detach this Part and send to:***[Insert details of designated officer]*\n- **How to pay** By post Tick the relevant box below: I want to pay the modified penalty. A cheque or money order (payable to *[insert name of designated officer]*) for the modified penalty is enclosed. I want to pay the modified penalty by credit card. Please debit my credit card account.Card type _____________________________Cardholder name _______________________Card number[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]Expiry date of card _____/_____Amount $__________Signature ____________________**Detach this Part and send to:***[Insert details of designated officer]*\n- In person Pay the cashier at:*[Insert details of designated officer]*\n\n\n[Form 1 inserted: Gazette 9 Oct 2012 p. 4756‑8; amended: Gazette 20 Aug 2013 p. 3849; SL 2020/172 r. 12.]\n\n**2. Withdrawal of infringement notice**\n\nPart 1\n\n- *Western Australian Marine Act 1982*, s. 132(5)**Withdrawal of infringement notice** Withdrawal no.:\n- Date:\n- **TO:** Surname/ company name and ACN\n- Other names\n- Address\n- **Infringement notice** Infringement notice no.\n- Date of service\n- **Vessel** Vessel name: Reg. no.: Reg. expiry date:\n- Vessel type: Length (metres): No. persons onboard:\n- Construction material: Colour:\n- Engine type: Inboard Outboard Engine make: Kw/Hp:\n- **Alleged offence** Date Time\n- Place\n- Legislation\n- Provision\n- Details of offence\n- **Authorised person withdrawing notice** Name\n- Authorised person no.\n- Signature\n- **Withdrawal of infringement notice***[*Delete whichever is not applicable]* The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.*** Your refund is enclosed.*or**** If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by completing Part 2 of this notice and sending it to the address below.\n\n\nPart 2 (detachable)\n\n- Withdrawal no:________________\n- **Claim for refund** I claim a refund for the modified penalty paid in accordance with the infringement notice that was withdrawn by this notice of withdrawal.________________________________\n*(Name)*________________________________ ___/___/___\n*(Signature) (Date)***Detach this Part and send to:***[Insert details of designated officer]*\n\n\n[Form 2 inserted: Gazette 9 Oct 2012 p. 4758‑9.]\n\n**3. Notice requiring identification of person in charge of vessel**\n\nPart 1\n\n- *Western Australian Marine Act 1982*, s. 133(2)**Notice requiring identification of person in charge of vessel** Notice no:\n- Date:\n- **TO:** Name\n- Address\n- **Vessel** Vessel name: Reg. no.: Reg. expiry date:\n- Vessel type: Length (metres): No. persons onboard:\n- Construction material: Colour:\n- Engine type: Inboard Outboard Engine make: Kw/Hp:\n- **Alleged offence** Date Time\n- Place\n- Legislation\n- Provision\n- Details of offence\n- **TAKE NOTICE** You are the registered owner of the vessel described above.It is alleged that the offence described above was committed while the vessel described above was in charge of a person whose identity is not known and cannot immediately be ascertained.You, as the registered owner, are required to identify the person who was in charge of the vessel at the time when the offence described above is alleged to have been committed.If, within 21 days after the date of service of this notice, you do not — ● inform the Department, by completing Part 2 of this notice, of the identity and address of the person who was in charge of the vessel described above at the time the offence described above is alleged to have been committed; or\n- ● satisfy the Department that the vessel described above had been stolen or unlawfully taken, or was being unlawfully used, at the time when the offence described above is alleged to have been committed,you will, in the absence of proof to the contrary, be deemed to be the person who was in charge of the vessel at the time when the offence described above is believed to have been committed.\n- **Authorised person issuing notice** Name\n- Authorised person no.\n- Signature\n\n\nPart 2 (detachable)\n\n- Notice no. ____________\n- **Identity of person in charge of vessel** I,\n_____________________________________________\n*(Name)*am the registered owner of the vessel described in this notice. At the time the offence described in this notice is alleged to have been committed, the following person was in charge of the vessel.\n- Name\n- Address\n- ________________________________ ___/___/___\n*(Signature of registered owner) (Date)***Detach this section and send to:***[Insert details]*\n- Refer to infringement notice no. ____________\n\n\n[Form 3 inserted: Gazette 9 Oct 2012 p. 4759‑61.]\n\n**4. Certificate as to authorised person other than inspector**\n\n| **Certificate as to authorised person other than inspector**<br>*Western Australian Marine Act 1982*, s. 134(1) |\n| --- |\n| TO WHOM IT MAY CONCERN<br>___________________________________________________<br>*(Name)*<br>not being an inspector, is an authorised person for the purposes of the *Western Australian Marine Act 1982* sections 132 and 133.<br>________________________________<br>Chief Executive Officer<br>________________________________   *(Signature of authorised person)*<br>Appointment no. __________________ |\n\n\n[Form 4 inserted: Gazette 9 Oct 2012 p. 4761.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Western Australian Marine (Infringements) Regulations 1985* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Western Australian Marine (Infringements) Regulations 1985* | 4 Oct 1985 p. 3866‑70 | 4 Jan 1986 (see r. 2) |\n| *Western Australian Marine (Infringements) Regulations 1986* | 24 Apr 1986 p. 1480‑1 | 24 Apr 1986 |\n| *Western Australian Marine (Infringements) Regulations (No. 2) 1986* | 20 Jun 1986 p. 2057 | 20 Jun 1986 |\n| *Western Australian Marine (Infringements) Amendment Regulations 1991* | 26 Jul 1991 p. 3934‑6 | 26 Jul 1991 |\n| *Western Australian Marine (Infringements) Amendment Regulations 1992* | 9 Jun 1992 p. 2380‑2 | 1 Jul 1992 (see r. 2) |\n| *Western Australian Marine (Infringements) Amendment Regulations (No. 2) 1992* | 30 Jun 1992 p. 2910 | 1 Jul 1992 (see r. 2) |\n| *W.A. Marine Amendment Regulations 1992* Pt. 7 | 11 Aug 1992 p. 3976‑80 | 11 Aug 1992 |\n| *Western Australian Marine (Infringements) Amendment Regulations 1991* | 7 May 1993 p. 2361‑2 | 7 May 1993 |\n| *Western Australian Marine (Infringements) Amendment Regulations (No. 2) 1993* | 31 Dec 1993 p. 6911‑12 | 1 Mar 1994 (see r. 2) |\n| *Western Australian Marine (Infringements) Amendment Regulations 1996* | 14 Jun 1996 p. 2607 | 14 Jun 1996 |\n| *Western Australian Marine (Infringements) Amendment Regulations 1997* | 30 May 1997 p. 2497‑9 | 30 May 1997 |\n| *Western Australian Marine (Infringements) Amendment Regulations 1998* | 27 Oct 1998 p. 5964‑5 | 27 Oct 1998 |\n| *Western Australian Marine (Infringements) Amendment Regulations (No. 2) 1998* | 11 Dec 1998 p. 6651‑2 | 11 Dec 1998 (see r. 2) |\n| **Reprint of the *Western Australian Marine (Infringements) Regulations 1985* as at 27 Aug 1999** (includes amendments listed above) | | |\n| *Western Australian Marine (Infringements) Amendment Regulations 2003* | 17 Jun 2003 p. 2220‑1 | 1 Jul 2003 (see r. 2) |\n| *Western Australian Marine (Infringements) Amendment Regulations (No. 3) 2005* | 23 Dec 2005 p. 6278‑9 | 23 Dec 2005 |\n| *Western Australian Marine (Infringements) Amendment Regulations 2005* | 10 Feb 2006 p. 665‑6 | 10 Feb 2006 (see r. 2 and *Gazette* 10 Feb 2006 p. 667) |\n| *Western Australian Marine (Infringements) Amendment Regulations 2006* | 26 May 2006 p. 1880 | 26 May 2006 |\n| **Reprint 2: The *Western Australian Marine (Infringements) Regulations 1985* as at 13 Feb 2009** (includes amendments listed above) | | |\n| *Western Australian Marine (Infringements) Amendment Regulations (No. 2) 2009* | 13 Nov 2009 p. 4537‑8 | r. 1 and 2: 13 Nov 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Nov 2009 (see r. 2(b)) |\n| *Western Australian Marine (Infringements) Amendment Regulations 2009* | 17 Nov 2009 p. 4631‑2 | r. 1 and 2: 17 Nov 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Nov 2009 (see r. 2(b)) |\n| *Western Australian Marine (Infringements) Amendment Regulations 2012* | 9 Oct 2012 p. 4755‑61 | r. 1 and 2: 9 Oct 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Nov 2012 (see r. 2(b)) |\n| *Western Australian Marine (Infringements) Amendment Regulations (No. 2) 2012* | 4 Jan 2013    p. 9 | r. 1 and 2: 4 Jan 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Jan 2013 (see r. 2(b)) |\n| *Western Australian Marine (Infringements) Amendment Regulations 2013* | 20 Aug 2013 p. 3849 | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) |\n| **Reprint 3: The *Western Australian Marine (Infringements) Regulations 1985* as at 6 Dec 2013** (includes amendments listed above) | | |\n| *Transport Regulations Amendment (Lifejackets) Regulations 2017* Pt. 3 | 3 Mar 2017 p. 1484‑91 | 4 Mar 2017 (see r. 2(b)) |\n| *Transport Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 5 | SL 2020/172 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n| *Transport Regulations Amendment (Mooring Management) Regulations 2021* Pt. 4 | SL 2021/147 13 Aug 2021 | 28 Sep 2021 (see r. 2(b)) |\n| *Transport Regulations Amendment (Marine Safety Equipment) Regulations 2023* Pt. 3 | SL 2023/135 9 Aug 2023 | 1 Sep 2023 (see r. 2(b)) |\n| *Western Australian Marine (Infringements) Amendment Regulations 2024* | SL 2024/61 1 May 2024 | 2 May 2024 (see r. 2) |\n| *Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024* Pt. 5 | SL 2024/191 18 Sep 2024 | 30 Sep 2024 (see r. 2(b)) |\n| *Transport Regulations Amendment (Prevention of Collisions in State Waters) Regulations 2025* Pt. 5 | SL 2025/68 30 Apr 2025 | 1 May 2025 (see r. 2(b)) |\n| *Transport Regulations Amendment (Removal of Obstructions) Regulations 2025* Pt. 4 | SL 2025/215 17 Dec 2025 | 19 Dec 2025 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAct 3A\n\nauthorised person 5(2)\n\nDepartment 3A\n\ndesignated officer 5(2)\n\ninfringement notice 5(2)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: ROGER JACOBS, Acting Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a penalty schedule for maritime infringement notices and prescribing associated forms. While Schedule 1 has expanded significantly since 1985 (adding offences for personal watercraft, lifejacket requirements, recreational skipper's tickets, and marine safety equipment), these additions represent natural evolution within the maritime safety domain rather than scope creep into unrelated areas. The core mechanism—modified penalties for infringement notices—remains unchanged."},"complexity_factors":["Simple structure with only 4 operative regulations (rules 1-4, with 3A and 5 deleted)","No nested conditional logic or complex cross-referencing within the regulations themselves","Primary complexity comes from Schedule 1's tabular format linking offences across three separate pieces of legislation (Navigable Waters Regulations 1958, Western Australian Marine Act 1982, and Hire and Drive Vessels Regulations 1983)","Schedule 2 forms contain detailed procedural requirements but are standard administrative templates","Extensive amendment history (25+ amendments since 1985) shown in compilation table but does not affect current operative complexity","Only 6 defined terms in the 'Defined terms' section"],"plain_english_summary":"This is a Western Australian regulation that sets out the fines (called 'modified penalties') for boating and maritime offences, and provides the official forms used when issuing infringement notices.\n\n**What it does:**\n- **Schedule 1** lists specific offences under the *Navigable Waters Regulations 1958*, the *Western Australian Marine Act 1982*, and the *W.A. Marine (Hire and Drive Vessels) Regulations 1983*, along with the dollar amount of the fine for each offence.\n- **Schedule 2** contains the official forms that authorised officers must use when:\n  - Issuing an infringement notice (a 'ticket' for a boating offence)\n  - Withdrawing an infringement notice\n  - Asking a vessel owner to identify who was driving the boat at the time of an alleged offence\n  - Certifying that someone is an authorised officer\n\n**Who it affects:**\n- Anyone who operates a vessel in Western Australian waters\n- Vessel owners (who can be held responsible if they don't identify who was driving)\n- Maritime safety officers and inspectors who enforce the rules\n\n**Why it matters:**\nInstead of taking every minor boating violation to court, this system allows officers to issue on-the-spot fines. It covers everything from speeding in a boat, failing to wear lifejackets, water-skiing violations, registration offences, and even drink-boating. The regulation ensures there's a clear, consistent penalty schedule and proper paperwork for enforcement."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument’s scope has been altered repeatedly since 1985: Schedule 1 has been inserted, amended and had many items deleted, and forms and penalty amounts have been updated (see compilation table and Schedule 1 amendment history). These changes modified which marine offences carry fixed penalties, the penalties’ amounts, and the procedural forms and enforcement links (as evidenced by the multiple amendment entries in the Notes/Compilation table)."},"complexity_factors":["Extensive schedule of distinct offences with varied penalty amounts (Schedule 1) increases transactional and compliance complexity.","Cross-references to multiple Act provisions and other regulations (eg. Western Australian Marine Act sections cited in Schedule 1, Navigable Waters Regulations, Hire and Drive Regulations).","Procedural forms and choices (infringement notice, withdrawal, identification, certificate) with time limits and elections to take court action (Reg 4; Schedule 2).","Deemed‑liability rule for registered owners in the forms (referencing s132(3) in Form 1), shifting evidential and financial burden to owners.","Enforcement link to external enforcement regime (Fines, Penalties and Infringement Notices Enforcement Act) noted on forms, with downstream sanctions listed.","Numerous historical amendments and deletions across decades (Compilation table and amendment history) create interpretive and versioning complexity.","Discretion exercised by \"authorised persons\" (appointment certificate in Form 4) affects who issues notices and enforces compliance.","Variable penalty tiers for the same offence category (eg. speed‑over offences with graduated amounts) complicate calculation and contestation."],"plain_english_summary":"Sets fixed infringement fines (\"modified penalties\") for a long list of marine offences and prescribes the official infringement, withdrawal and identification forms under the Western Australian Marine Act 1982. It lets authorised officers issue notices that can be paid to avoid court and explains payment/election procedures. Vessel masters, owners, skippers and recreational operators are the primary subjects; registered owners can be deemed liable unless they identify the person in charge (see form text referring to s132(3))."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for review. The submission contained only a website error message indicating the page is no longer accessible."},"complexity_factors":["No legislative content was provided — only a broken link error page","Impossible to assess structural, technical, or interpretive complexity without the actual text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content is available for analysis.**\n\nThe page that was supposed to contain the *Western Australian Marine (Infringements) Regulations 1985* is no longer accessible on the Western Australian legislation website. The link has broken due to system and security upgrades.\n\n**What this means for you:** If you were trying to find out about marine infringement notices in Western Australia (these are on-the-spot fines issued for breaches of marine safety and navigation rules), you will need to:\n- Visit the Western Australian legislation website directly and search for the regulations using the menu\n- Contact the Parliamentary Counsel's Office Helpdesk for assistance locating the current version\n- Check if the regulations have been repealed, renamed, or consolidated into other legislation\n\n**No substantive legal analysis can be provided** based on the content supplied, as it contains only an error message and website acknowledgements — not the actual text of the regulations."}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-marine-infringements-regulations-1985","history":"/api/acts/western-australian-marine-infringements-regulations-1985/history","analysis":"/api/acts/western-australian-marine-infringements-regulations-1985/analysis","conflicts":"/api/acts/western-australian-marine-infringements-regulations-1985/conflicts","importantCases":"/api/acts/western-australian-marine-infringements-regulations-1985/important-cases","documents":"/api/acts/western-australian-marine-infringements-regulations-1985/documents"}}