Part 14Miscellaneous

Part 14—Miscellaneous 83—Exemptions (1) The CE may, by instrument in writing, exempt a person from specified provisions of this Act. (2) An exemption under this section— (a) may 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 (b) operates for a period specified in the instrument of exemption; and (c) is subject to conditions specified in the instrument of exemption. (3) The CE has an absolute discretion to cancel an exemption granted under this section. 84—Conduct on board vessels (1) A person who behaves in an offensive or disorderly manner while on board a vessel is guilty of an offence. (2) A person who molests a passenger or a member of the crew of a vessel is guilty of an offence. (3) If 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. 85—Unlawful use of vessels A 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. 87—Evidentiary provision (1) In any legal proceedings— (a) a 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; (b) a 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; (c) a 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; (d) a 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; (e) a 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; (f) a 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; (g) a 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; (h) a 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. (2) In 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. 89—Officers' liability (1) The Crown, the Minister or the CE incurs no civil liability in consequence of— (a) the issue of any licence, certificate, exemption or consent under this Act; or (b) any act or omission with regard to the establishment, positioning or operation of navigational aids. (2) An 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. (3) A liability that would, but for subsection (2), attach to an authorised person attaches instead— (a) if the authorised person is an officer or employee of a port operator—to the port operator; or (b) in any other case—to the Minister. (4) A 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. (5) Any liability that would, but for subsection (4), attach to a port management officer attaches instead to the port operator that appointed the officer. 90—Fees and charges to be paid into separate fund (1) All 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. (2) That fund is to be applied to defray the costs of administering and enforcing this Act. 90AA—Facilities levy (1) This 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). (2) A 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. (3) The facilities levy is payable by the owner of a vessel to which this section applies— (a) in the case of a vessel that is required to be registered under this Act—on registration of the vessel; or (b) in any other case—on or before the date fixed by the CE for the purposes of this subsection. (4) If 2 or more persons own a vessel, the owners are jointly and severally liable for the facilities levy in respect of the vessel. (5) The amount of the facilities levy is to be fixed by the regulations, and may vary according to— (a) the length of the vessel; or (b) the use of the vessel; or (c) any other prescribed factor. (6) The CE may recover the amount of an unpaid facilities levy as a debt from a person liable to pay the amount under this section. (7) If 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. (8) A certificate of registration will not be issued for a vessel until any levy payable under this section is paid. 90A—Facilities Fund (1) The Facilities Fund is established. (2) The Fund must be kept as directed by the Treasurer. (3) The Fund is to consist of— (a) facilities levies payable under section 90AA; and (b) income from investment of money belonging to the Fund. (5) The 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. (6) The Fund may be applied by the Minister towards— (a) establishing, maintaining and improving facilities for use in connection with vessels; and (b) the payment of expenses of administering the Fund. 91—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), those regulations may make provision for or relating to— (a) exemptions (conditional or unconditional) from specified provisions of this Act; and (b) fees and charges in respect of any matter under this Act and their payment, recovery or waiver; and (c) fines, not exceeding $5 000, for offences against the regulations; and (d) expiation fees for alleged offences against the regulations; and (e) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general application or vary in their application according to prescribed factors; (b) provide 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; (c) make provisions of a saving or transitional nature consequent upon— (i) the 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; (ii) the 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. (4) The 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. (5) If a code, standard or other document is referred to or incorporated in the regulations— (a) a 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 (b) evidence 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. (6) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.