{"id":"western-australian-marine-transitional-provisions-regulations-2023","name":"Western Australian Marine (Transitional Provisions) Regulations 2023","slug":"western-australian-marine-transitional-provisions-regulations-2023","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183924,"registerId":"wa-western-australian-marine-transitional-provisions-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Marine (Transitional Provisions) Regulations 2023","content":"![Crest]()Western Australia\n\nWestern Australian Marine Act 1982\n\nWestern Australian Marine (Transitional Provisions) Regulations 2023\n\nWestern Australia\n\nWestern Australian Marine (Transitional Provisions) Regulations 2023\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Provisions for *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023*\n\n3. Part 3 of Act 2\n\n4. Sections 122 and 123 of Act 2\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australian Marine Act 1982\n\nWestern Australian Marine (Transitional Provisions) Regulations 2023\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Western Australian Marine (Transitional Provisions) Regulations 2023*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published on the WA legislation website;\n\n(b) the rest of the regulations — on the day on which the *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* section 99 comes into operation.\n\n## Part 2 — Provisions for *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023*\n\n##### 3. Part 3 of Act\n\nPart 3 of the Act has effect, before the day on which the *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* section 44 comes into operation, as if the definition of ***unsafe vessel***, to be inserted by that section, were in effect.\n\n##### 4. Sections 122 and 123 of Act\n\nSections 122 and 123 of the Act have effect, before the day on which the *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* section 85 comes into operation, as if —\n\n(a) the reference to a Court of Marine Inquiry were a reference to the State Administrative Tribunal; and\n\n(b) references to a ship were references to a vessel.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Western Australian Marine (Transitional Provisions) Regulations 2023*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Western Australian Marine (Transitional Provisions) Regulations 2023* | SL 2023/201 20 Dec 2023 | Pt. 1: 20 Dec 2023 (see r. 2(a));   Regulations other than Pt. 1: 21 Dec 2023 (see r. 2(b) and SL 2023/203 cl. 2(a)) |\n\n\n© State of Western Australia 2023.\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 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The title suggests a narrow, time-limited instrument typical of transitional provisions regulations, but no content was accessible to confirm whether the final instrument matched any original drafting intent."},"complexity_factors":["No legislative text was retrievable — the page returned an error/unavailable notice","Only the title and a website maintenance message were present in the source material","No provisions, definitions, schedules, or operative clauses could be assessed","Complexity cannot be meaningfully rated without access to actual content; score of 1 reflects absence of analysable material, not simplicity of the law itself"],"plain_english_summary":"This instrument sets out transitional rules for marine law in Western Australia, managing how existing marine licences, approvals and practices move across when a new regulatory framework replaces the old.  \n\nIt matters to boat owners, commercial operators, fishers and licence holders because it determines how long current rights, registrations or safety obligations remain valid and how they convert into the new system."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original transitional purpose. It contains only two substantive provisions (regulations 3 and 4) that make temporary modifications to the Western Australian Marine Act 1982 pending full commencement of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023. There is no scope creep or expansion beyond the technical bridging function."},"complexity_factors":["Extremely short: only 4 operative regulations across 2 substantive parts","No defined terms section — relies entirely on definitions in parent Acts","Simple conditional logic: only two timing triggers (commencement dates of specific sections in another Act)","No nested exceptions or cross-referencing maze — each regulation modifies a specific provision of the parent Act in a straightforward way","Legislative technique is limited to \"as if\" deeming provisions (a standard transitional device)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are a short, technical \"bridge\" to help Western Australia's marine safety laws transition smoothly to new national standards. They make temporary adjustments to the *Western Australian Marine Act 1982* so it works properly during the handover period.\n\n**Who it affects:**\n\n- **Boat owners and operators** in Western Australia, particularly those with commercial vessels\n- **Marine safety inspectors** and enforcement officers\n- The **State Administrative Tribunal** (which hears disputes and reviews decisions)\n\n**Why it matters:**\n\nWestern Australia is adopting the national *Marine Safety (Domestic Commercial Vessel National Law)*. During the changeover, there are gaps where the old WA law and new national law don't line up perfectly. These regulations plug those gaps by:\n\n- **Bringing forward the definition of \"unsafe vessel\"** (regulation 3): This lets inspectors use the new, clearer definition of what makes a boat unsafe *before* the main national law fully kicks in.\n\n- **Updating tribunal references** (regulation 4): The old Act talks about a \"Court of Marine Inquiry\" — which doesn't exist anymore — and uses the word \"ship\" instead of \"vessel.\" These regulations temporarily rewrite those sections so they point to the modern **State Administrative Tribunal** and use the updated word **\"vessel\"** until the new Act takes full effect.\n\nThink of it like putting up temporary road signs during highway construction — the destination is the same, but the directions need to change while the work is happening."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations do not alter substantive duties or widen/narrow operative obligations. They temporarily change timing and textual references so a new definition and tribunal reference operate before linked sections of the Marine Safety Act commence. The effect is procedural and temporal rather than substantive: who decides and which terms apply are changed in the interim, so affected parties must monitor commencements and apply the early definitions and substitutions (see rr.2–4)."},"complexity_factors":["Dependence on provisions of another Act (Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023) for full operation (rr.2(b), 3, 4).","Staged commencement creates time‑dependent legal effects (r.2).","Textual substitutions (e.g. 'ship' -> 'vessel') require cross‑instrument reading (r.4).","Forum substitution from Court of Marine Inquiry to State Administrative Tribunal alters procedural pathway and may change costs and remedies (r.4).","Limited substantive drafting reduces length but increases need to consult multiple instruments to establish current law.","Potential interpretive uncertainty about how transitional wording interacts with later commencements."],"plain_english_summary":"These regulations apply a new definition of “unsafe vessel” and temporarily replace certain references so parts of the Marine Act operate before linked sections of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 come into force. Vessel owners, operators and regulators are directly affected. Mechanically, the rules bring the new unsafe‑vessel definition into effect early (r.3) and treat references to the Court of Marine Inquiry as the State Administrative Tribunal and “ship” as “vessel” until specified provisions commence (r.4). That shifts who decides disputes and requires operators to track timing and comply with the early definitions."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-marine-transitional-provisions-regulations-2023","history":"/api/acts/western-australian-marine-transitional-provisions-regulations-2023/history","analysis":"/api/acts/western-australian-marine-transitional-provisions-regulations-2023/analysis","conflicts":"/api/acts/western-australian-marine-transitional-provisions-regulations-2023/conflicts","importantCases":"/api/acts/western-australian-marine-transitional-provisions-regulations-2023/important-cases","documents":"/api/acts/western-australian-marine-transitional-provisions-regulations-2023/documents"}}