Creates a statutory Marine and Safety Authority to manage vessel safety, marine facilities and related environmental matters, replacing the former navigation/survey body and inheriting its staff, assets and contracts. It gives the Authority rule‑making, enforcement and seizure powers, funds it via fees and appropriations, and requires audited financial reporting.
Affects vessel owners (repair/relocation notices, fines, cost recovery) and port/private operators (contracts, limited immunity). Governance is ministerial/board/Treasurer/Governor‑centred, centralising regulatory discretion and compliance costs.
This Act establishes the Marine and Safety Authority (the Authority) as a corporate body with a board, staff and specified powers and duties. It creates the institutional framework for management of vessel safety, marine facilities and certain environmental matters related to vessels, and it sets out governance, financial reporting and administrative arrangements. Section 4 establishes the Authority as a body corporate (s 4(1)-(2)). Section 5 defines the Authority’s jurisdiction: inland waters, coastal waters, vessels not covered by the National Law, domestic commercial vessels in relation to National Law matters specified at s 6(2) of the National Law, matters delegated to it by the National Regulator, and any marine facility under the Authority’s control (s 5(a)-(d), (ca), (cb)).
The Act sets out the Authority’s primary functions and an enabling power to do anything necessary or convenient to perform those functions (s 6(1)-(2)). The functions explicitly include ensuring the safe operation of vessels, providing and managing marine facilities, and managing environmental issues relating to vessels (s 6(1)(a), (b), (c)). The Act authorises the Governor to make regulations and the Authority to make by‑laws on a wide range of navigational, safety and environmental matters, and to impose fees and fines by regulation or by‑law (ss 39-42).
Governance is arranged through a Board of Directors that includes a ministerially appointed chairperson, between three and five appointed non‑executive directors and the chief executive officer as a member (s 8). The Board may delegate its powers to directors or employees (s 14); the Authority itself may delegate statutory functions (s 7). The chief executive officer is appointed by the Board and is responsible for general administration (ss 16-17). Directors’ duties, disclosure obligations and penalties are prescribed (ss 10-12; Schedule 2 cl 6).
Current sections
Direct links to the current provisions in Marine and Safety Authority Act 1997.
air cushion vehicle means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the water or other surface beneath the vehicle;
asset includes any business or property;
Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors;
Authority means the Marine and Safety Authority established under section 4 ;
Board means the Board of Directors of the Authority;
(a) any part of the territorial sea of Australia adjacent to the State within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and
(b) the marine or tidal waters on the landward side of any territorial sea of Australia adjacent to the State;
commencement day means the day proclaimed under section 2 ;
(c) to manage environmental issues relating to vessels.
(2) The Authority has power to do anything necessary or convenient to be done in connection with the performance of its functions.
7
Delegation
7 Delegation
The Authority, by instrument in writing, may delegate any of its functions or powers, other than this power of delegation, to any person or body.
Part 3
Board of Directors
Part 3 Board of Directors
Division 1
Directors
Division 1 Directors
8
Board
8 Board
(1) The Authority has a Board of Directors consisting of the following persons:
(a) a chairperson;
(b) at least 3 and not more than 5 persons who have skills and experience relevant to the functions of the Authority;
(c) the chief executive officer.
(2) The persons referred to in paragraphs (a) and (b) are appointed by the Minister.
(3) Schedule 1 has effect with respect to directors.
(4) Schedule 2 has effect with respect to the meetings of the Board.
9
Acting director
9 Acting director
(1) The Minister may appoint a person to act as a director for any period during which the chairperson or another director is –
(a) absent from duty; or
(b) absent from Australia; or
(c) otherwise unable to perform the functions of the office of director.
(2) The appointment of a person to act as a director in the absence of the chairperson is not an appointment as chairperson.
(3) This Act applies to the appointment as if it were the appointment of a director.
(4) A person who is acting as a director is taken to be a director.
10
Duties of director
10 Duties of director
(1) A director must act honestly in the performance and the exercise of the functions and powers of a director.
Penalty: Fine not exceeding 50 penalty units.
(2) In performing and exercising the functions and powers of a director, a director must exercise the same degree of care and diligence that a person in a similar position in a corporation is required to exercise.
Penalty: Fine not exceeding 50 penalty units.
11
Improper advantage as director
11 Improper advantage as director
A director or former director must not use improperly, whether within Tasmania or elsewhere, information acquired as a director or the fact that he or she is or was a director –
(a) to gain, directly or indirectly, a personal advantage or an advantage for another person; or
(b) to cause damage to the Authority.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.
12
Repayment of improper profit
12 Repayment of improper profit
If a director or former director is found guilty of an offence under section 11 , the Authority may recover in a court of competent jurisdiction as a debt due to it –
(a) any profit made by the director or another person as a result of the commission of the offence; and
(b) an amount equal to any loss and damage the Authority suffered as a result of the commission of the offence.
13
Role of Board
13 Role of Board
The Board is responsible to the Minister for –
(a) the performance by the Authority of its functions; and
(b) ensuring that the business and affairs of the Authority are managed and conducted in a manner that is in accordance with sound commercial practice.
14
Delegation
14 Delegation
The Board, by instrument in writing, may delegate any of its functions or powers, other than this power of delegation, to a director or an employee.
15
Powers of Board
15 Powers of Board
The Board has power to do anything necessary or convenient to be done in connection with the performance and exercise of its functions and powers under this or any other Act.
Division 2
Chief executive officer and employees
Division 2 Chief executive officer and employees
16
Chief executive officer
16 Chief executive officer
(1) The Board may appoint a person as chief executive officer of the Authority on any terms and conditions it considers appropriate.
(2) The chief executive officer is responsible to the Board for the general administration and management of the Authority.
17
Duties of chief executive officer
17 Duties of chief executive officer
The chief executive officer –
(a) must perform any functions –
(i) delegated to the chief executive officer by the Board; or
(ii) imposed on the chief executive officer under this or any other Act; and
(b) may exercise any powers –
(i) delegated to the chief executive officer by the Board; or
(ii) granted to the chief executive officer under this or any other Act.
18
Disclosure of interest
18 Disclosure of interest
The chief executive officer must inform the Board, in writing, of any direct or indirect pecuniary interest that he or she has in any business or body corporate as soon as practicable after he or she acquires, or becomes aware of, that interest.
19
Employment and engagement of persons
19 Employment and engagement of persons
(1) The Authority may employ or engage any other persons it considers necessary for the performance of its functions on any terms and conditions it considers appropriate.
(a) any money received by it in the course of performing its functions or exercising its powers; and
(b) any money provided by Parliament for the purpose of this Act; and
(c) any other money received by it from any other source.
(2) The funds of the Authority are to be applied –
(a) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Authority in the performance of its functions and the exercise of its powers; and
(b) in payment of the remuneration of directors and employees.
(a) comply with any direction given under subsection (4) ; and
(b) subject to any direction under subsection (4) , comply with Australian Accounting Standards; and
(c) be signed or certified as specified in any direction under subsection (4) .
(4) The Treasurer may give any written directions to the Board in respect to the form and contents of the financial statements the Treasurer considers appropriate.
(e) any information the Minister may require relating to the directors, chief executive officer and employees;
(f) any other information the Minister may require;
(g) any other information the Board considers is appropriate or necessary to properly inform the Minister and Parliament as to the performance and progress of the Authority during that financial year.
(3) The Board is to provide the annual report to the Minister, the Treasurer and the Auditor-General.
(2) If the Minister is unable to comply with subsection (1) for any reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, the Minister, before the expiration of that period, is to lay before each House of Parliament a statement specifying –
(a) the reasons for the failure to comply with that subsection; and
(b) an estimate of the day by which a copy of the annual report will be ready to lay before each House of Parliament.
(3) If the Minister is unable to lay a copy of the annual report before a House of Parliament within the period specified in subsection (1) or by the day specified in subsection (2) because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister is to –
(a) forward a copy of the annual report to the Clerk of that House of Parliament immediately after the expiration of that period or that day; and
(b) lay a copy of the annual report before that House within the next 7 sitting days of that House.
30
Minister may require information
30 Minister may require information
(1) The Minister, by notice in writing, may require the Authority to provide to the Minister specified in the notice information relating to the affairs, or the performance and exercise of the functions and powers, of the Authority.
(2) The Authority is to comply with any requirement made under subsection (1) .
Part 5
Miscellaneous
Part 5 Miscellaneous
31
Transfer of assets to Authority
31 Transfer of assets to Authority
(1) The Minister, with the agreement of the Minister administering the Government Business Enterprises Act 1995 and after consultation with the Minister administering the Crown Lands Act 1976 , may determine which assets, rights or liabilities of a former board are to be transferred to the Authority.
(1) The chief executive officer does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of any function or power under this or any other Act.
(2) An employee does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the course of his or her employment.
(2A) [Section 35 Subsection (2A) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000] A port company that is engaged by the Authority under section 19 to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any of those functions or powers, whether statutory or otherwise.
(2B) [Section 35 Subsection (2B) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000] A member of the Board of a port company that is engaged by the Authority under section 19 to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise, on behalf of the port company, of any of those functions or powers, whether statutory or otherwise.
(2C) [Section 35 Subsection (2C) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000] An employee, who is not a contractor or a consultant, of a port company that is engaged by the Authority under section 19 to perform any function of the Authority, whether statutory or otherwise, or to which the Authority has delegated any of its functions or powers, whether statutory or otherwise, does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the course of his or her employment.
(2D) [Section 35 Subsection (2D) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000] Any person or any person in a class of person appointed as an authorised person under section 44 does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any function or power under this Act.
(1) The seal of the Authority is to be kept and used as the Board authorises.
(2) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Authority.
37
Judicial notice of certain signatures
37 Judicial notice of certain signatures
All courts and persons acting judicially must take judicial notice of –
(a) the official signature of a person who is or has been the chairperson, a director or the chief executive officer; and
(b) the fact that the person holds or has held the office concerned.
38
Presumptions
38 Presumptions
In any proceedings by or against the Authority, unless evidence is given to the contrary, proof is not required of –
(a) the constitution of the Board; or
(b) the appointment of any director; or
(c) any resolution of the Board; or
(d) the presence of a quorum at any meeting of the Board.
Division 2A
Abandoned, unseaworthy and sunken vessels
Division 2A Abandoned, unseaworthy and sunken vessels
(a) it is not properly manned or supplied with provisions; or
(b) it is overloaded or improperly loaded; or
(c) in the case of a commercial vessel, it does not have a current certificate of survey; or
(d) in the case of a vessel other than a commercial vessel, it is certified to be unseaworthy by a marine surveyor or naval architect.
(2) If a vessel is unseaworthy or, in the opinion of the Authority, abandoned or sunken, the Authority may serve a notice on the owner of the vessel requiring him or her to –
(a) put the vessel into seaworthy condition within such reasonable period as may be specified in the notice; or
(b) relocate the vessel within such a period.
(3) If, after making reasonable inquiries, the Authority is unable to locate the owner of a vessel, a notice under subsection (2) may be served by publishing it in a newspaper circulating in the area in which the vessel is located.
(4) An owner of a vessel must comply with a notice issued under subsection (2) within the period specified in the notice.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further penalty of 5 penalty units for each day during which the offence continues.
(1) If an owner fails to comply with a notice under section 38B , the Authority may apply to the Court for an order authorising the Authority to seize and dispose of the vessel to which the notice relates.
(2) The Court may make an order for the seizure and disposal of a vessel if satisfied that –
(a) the vessel has been abandoned; or
(b) the vessel is sunken or unseaworthy; or
(c) the owner of the vessel has failed to comply with the notice.
(3) An order under subsection (2) may be made subject to any conditions the Court considers appropriate.
(5) If there are no proceeds of sale, or the proceeds of sale are not sufficient to cover the costs incurred by the Authority in seizing and disposing of vessel, the Authority may recover those costs from the owner of the vessel.
38E
Authority may require vessel to be moved from wharf or mooring
38E Authority may require vessel to be moved from wharf or mooring
(1) The Authority may serve a notice on the owner of a vessel that is secured to a wharf or mooring, requiring the vessel to be moved to a place nominated by the Authority within such reasonable period as may be specified in the notice, if the Authority is of the opinion that the vessel is causing, or is likely to cause –
(a) an obstruction of navigation in the area; or
(b) a danger to any other vessel, person or property; or
(c) pollution; or
(d) any other hazard.
(2) A person must comply with a notice under subsection (1) within the period specified in the notice.
Penalty: Fine not exceeding 50 penalty units and, in the case of continuing offence, a further penalty of 5 penalty units for each day during which the offence continues.
Division 3
Regulations and by-laws
Division 3 Regulations and by-laws
39
Regulations generally
39 Regulations generally
(1) The Governor may make regulations for the purposes of this Act.
(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(3) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) [Section 39 Subsection (3) amended by No. 8 of 2006, s. 6, Applied:25 Oct 2006] in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and
(4) The regulations may authorise any matter tobe determined, applied or regulated by the Authority or chief executive officer.
(5) The regulations may adopt or incorporate the whole or any part of any document, standard, rule, code, specification or method, with or without modification, issued, prescribed or published by any person or body before or after the regulations take effect.
(6) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(7) A provision referred to in subsection (6) may take effect on and from the day on which this Act commences or a later day.
40
Regulations relating to safety
40 Regulations relating to safety
The Governor may make regulations in relation to any of the following matters:
(a) emergency procedures;
(b) lifesaving and fire appliances and other safety equipment;
(m) movement and mooring of vessels and associated matters;
(n) cargo, fuel, water or ballast taken to or from vessels;
(o) marine facilities;
(p) wrecked, sunken or stranded vessels;
(q) detention of vessels;
(r) collection of statistics;
(s) fees and charges relating to any matter referred to in this section.
(2) The Authority may make by-laws providing for the recovery by the Authority of any costs incurred by it in performing any duties in relation to the development or amendment of a marine farming development plan under the Marine Farming Planning Act 1995 .
(3) By-laws may adopt or incorporate the whole or any part of any document, standard, rule, code, specification or method, with or without modification, issued, prescribed or published by any person or body before or after the regulations take effect.
The Authority may remit or waive wholly or partly any fee or charge imposed under any by-laws or regulations.
44
Authorised persons
44 Authorised persons
The Authority may appoint any person or class of person as an authorised person for the purposes of any regulations and by-laws made by the Authority.
Division 4
Infringement notices
Division 4 Infringement notices
45
Infringement notices
45 Infringement notices
(1) A person authorised by the Authority may serve an infringement notice on a person other than a person under the age of 16 years, if of the opinion that the person has committed a prescribed offence under any regulations or by-laws made under this Act.
(2) An infringement notice is not to relate to 4 or more offences.
A director holds office for a term, not exceeding 3 years, specified in the instrument of appointment.
3. Holding other office
The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –
(a) holding that office in conjunction with the office of director; or
(b) accepting any remuneration payable to a director.
4. Remuneration
A director is entitled to be paid any remuneration and allowances the Minister determines.
5. Leave of absence
The Board may grant leave of absence to a director on any conditions the Board considers appropriate.
6. Resignation
A director may resign by signed notice given to the Minister.
7. Removal of director
The Minister may remove a director from office –
(a) if the director has benefited from, or claimed to be entitled to benefit from, a contract made by or on behalf of the Authority, other than a contract for any goods or services supplied by the Authority if the goods or services are ordinarily supplied by the Authority and are supplied on the same terms as are ordinarily supplied to other persons in the same situation; or
(b) if the director fails to disclose a pecuniary interest as required under clause 6 of Schedule 2 ; or
(c) if the director has been convicted of an offence under this Act; or
(d) if the director has been convicted of an indictable offence or an offence which, if committed in Tasmania, would be an indictable offence; or
(e) if the Minister considers that the director is physically or mentally incapable of continuing as a director; or
(f) if the Minister considers that the director is unable to perform adequately or competently the functions of the director's office; or
(g) if the director has been absent from 4 consecutive meetings of the Board without the permission of the Board; or
(h) for any other just cause or excuse.
8. Filling of vacancy
(1) A director, other than an acting director, vacates office if he or she –
(2) The Minister may appoint a person to the vacant office of director for the remainder of the predecessor's term of office if satisfied that the person has the skills and experience necessary to enable the Authority to achieve its objective.
9. Defect not invalidate appointment
An appointment of a person as a director is not invalid merely because of a defect or irregularity in relation to the appointment.
SCHEDULE 2 - Meetings Of Board
SCHEDULE 2 - Meetings Of Board
SCHEDULE 2 - Meetings Of Board SCHEDULE 2 - Meetings Of Board
(1) Subject to subclause (2) , meetings of the Board are to be held at the times and places the Board determines.
(2) The chairperson, after giving each director reasonable notice –
(a) may convene a meeting at any time; and
(b) must convene a meeting if requested to do so by 2 or more other directors.
(3) If the chairperson is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice has been given, by –
(a) 2 or more other directors; or
(b) a person authorised by the Board to do so.
(4) What constitutes reasonable notice is to be determined by the Board.
2. Presiding at meetings
(1) The chairperson is to preside at all meetings of the Board at which he or she is present.
(2) If the chairperson is not present at a meeting of the Board, a director chosen by the directors present at the meeting is to preside.
3. Quorum and voting at meetings
(1) A quorum at any duly convened meeting of the Board is half the number of directors of the Board.
(2) At a meeting of the Board –
(a) the person presiding has a deliberative vote only; and
(b) a question is decided –
(i) by a majority of votes of the directors present and voting; or
(ii) in the negative if there is an equality of votes.
4. Conduct of meetings
(1) Subject to this Act, the Board may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
(2) The Board may permit directors to participate in a meeting by –
(a) telephone; or
(b) television conference; or
(c) any other means of communication the Board approves.
(3) A director who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.
(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
5. Minutes
The Board must keep minutes of its proceedings.
6. Disclosure of interests
(1) A director must disclose to the Board any direct or indirect pecuniary interest in a matter that –
(a) is being considered, or is about to be considered, by the Board; and
(b) may conflict with the proper performance of the director's duties in relation to consideration of the matter.
Penalty: Fine not exceeding 10 penalty units or a term of imprisonment not exceeding 3 months, or both.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.
(3) Unless the Board otherwise determines, a director must not –
(a) be present during any deliberation of the Board in relation to the matter; or
(b) take part in any decision of the Board in relation to the matter.
(4) In making a determination under subclause (3) , the director to whom the determination relates must not –
(a) be present during any deliberation of the Board for the purpose of making the determination; or
(a) in respect of a contract for any goods or services supplied by the Authority if the goods or services are ordinarily supplied by the Authority on the same terms as to other persons in the same situation; or
(1) Any account maintained in the name of the former Authority immediately before the commencement day is, on that day, taken to be an account maintained in the name of the Marine and Safety Authority.
(2) Any funds in an account referredto in subclause (1) are, on the commencement day, taken to be funds of the Marine and Safety Authority.
2. Money claims
(1) Any money, debt or claim payable by, due from or recoverable against the former Authority immediately before the commencement day is, on that day, payable by, due from or recoverable against the Marine and Safety Authority.
(2) Any money, debt or claim payable to, due to or recoverable by the former Authority immediately before the commencement day is, on that day, payable to, due to or recoverable by the Marine and Safety Authority.
3. Proceedings
A judgment by order of a court obtained by or against the former Authority before the commencement day is, on or after that day, enforceable by or against the Marine and Safety Authority.
4. Documents
A document addressed to the former Authority before the commencement day may, on or after that day, be served on the Marine and Safety Authority.
5. Contracts
Any contract made by the former Authority before the transfer day and not performed or discharged before that day is, on that day, taken to have been made by the Marine and Safety Authority.
6. Actions
Any act done or omitted to be done before the commencement day by, to or in respect of the former Authority is taken to have been done or omitted to be done by, to or in respect of the Marine and Safety Authority.
7. References to former Authority
A reference in any Act or other document to the former Authority is taken to be a reference to the Marine and Safety Authority.
8. Regulations and by-laws
(1) Any regulations in force under the former Act immediately before the commencement day are, on that day, taken to be by-laws made by the Marine and Safety Authority under this Act until whichever of the following occurs first:
(a) they are rescinded under this Act;
(b) 31 December 2000.
(2) Any by-laws made by the former Authority and in force immediately before the commencement day are, on that day, taken to be by-laws made by the Marine and Safety Authority under this Act until whichever of the following occurs first:
(a) they are rescinded under this Act;
(b) 31 December 2000.
9. Certificates
(1) A certificate of competency in force under the former Act immediately before the commencement day continues, on that day, to be in force until it expires.
(2) A certificate of survey in force under the former Act immediately before the commencement day continues, on that day, to be in force until it expires.
(3) An exemption certificate in force under the former Act immediately before the commencement day continues, on that day, to be in force until whichever of the following occurs first:
(a) it expires;
(b) the end of a period of 2 years after that day.
10. Licences and permits
Any licence or permit in force under the former Act immediately before the commencement day continues, on that day, to be in force for a period of 12 months after that day.
11. Pilots
A person appointed or licensed as a pilot by a former board immediately before the commencement day continues, on that day, to be a pilot for the purposes of this Act for a period of 6 months.
12. Staff of former Authority
(1) Any person employed by the former Authority immediately before the commencement day is, on that day, transferred as an employee of the Marine and Safety Authority.
(2) The period of employment of a person referred to in subclause (1) is not broken because of being transferred as an employee of the Marine and Safety Authority.
(a) retains all rights and entitlements on being transferred to the Marine and Safety Authority; and
(b) is not entitled to any compensation in respect of that transfer.
13. Detention of vessel
(1) A vessel detained under the former Act for non-payment of fees, dues or charges continues, on that day, to be detained until the unpaid fees, dues or charges are paid.
(2) A vessel detained under Division 4 of Part XIII of the former Act continues, on the commencement day, to be detained until the matter is dealt with under that Act.
14. Appeals
Any appeal instituted under the former Act and not determined before the commencement day may, on or after that day, be determined under that Act as if any reference to the former Authority were a reference to the Marine and Safety Authority.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Marine and Safety Authority Act 1997 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act –
air cushion vehicle means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the water or other surface beneath the vehicle;
asset includes any business or property;
Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors;
Authority means the Marine and Safety Authority established under section 4 ;
Board means the Board of Directors of the Authority;
[Section 3 Amended by No. 8 of 2006, s. 4, Applied:25 Oct 2006][Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]certificate of survey means a certificate of survey issued by the National Regulator that warrants that a vessel complies with the vessel survey requirements of the National Law;
chairperson means the chairperson of the Board appointed under section 8(1)(a) ;
chief executive officer means the chief executive officer of the Authority appointed under ;
Financial governance requirements include authorised deposit‑taking institution accounts (s 21), investment powers subject to the Tasmanian Public Finance Corporation Act (s 22), exemption from State taxes (s 23), mandatory accounting records and compliance with Australian Accounting Standards unless directed otherwise by the Treasurer (s 24), financial statements for the Auditor‑General (s 25), an annual report (s 28) and tabling requirements in Parliament (s 29). The Treasurer may direct the form and content of financial statements (s 25(4)); the Minister may require information from the Authority (s 30).
The Act provides specific powers for dealing with abandoned, unseaworthy or sunken vessels: notice powers requiring repair, relocation or removal (s 38B), court orders authorising seizure and disposal where owners fail to comply (s 38D), and a power to require movement of vessels from wharves or moorings where they obstruct navigation, cause danger, pollution or other hazards (s 38E). The Act also covers transfer and vesting of assets from predecessor bodies (ss 31-33; Schedules 3), immunity rules for officers and engaged port companies (s 35), and infringement notice procedures under the Monetary Penalties Enforcement Act (ss 45-46).
Mechanically, the Act centralises marine safety and facility management functions in a statutory authority, creates a ministerially accountable board, provides a broad regulatory and by‑law making power, funds the Authority through fees, parliamentary appropriations and other receipts (s 20), and equips it with enforcement tools ranging from infringement notices to Court applications to seize and dispose of vessels (ss 45; 38B-38D). The Act also integrates parts of the Commonwealth domestic commercial vessel National Law and provides for delegation from the National Regulator (s 3 definitions; s 5(cb)).
Main concepts
The Act organises its regime around a small set of main concepts that determine jurisdiction, powers and administrative processes.
Authority as statutory corporation: The Marine and Safety Authority is a body corporate with perpetual succession, a seal and the capacity to sue and be sued in its corporate name (s 4). That corporate form is the legal vehicle for entering contracts (s 53), holding funds (s 20) and owning assets vested to it under transfer provisions (ss 31-33, 54).
Jurisdictional scope and interaction with National Law: The Act covers inland waterways, coastal waters and marine facilities (s 5(a)-(b), (d)). It explicitly excludes vessels that fall within the National Law except where the Act incorporates domestic commercial vessels for specific matters in relation to the National Law (s 5(c), (ca)). The Act defines many terms by reference to the National Law (s 3), including domestic commercial vessel, master, owner of a vessel and the National Regulator. The Authority may perform functions delegated by the National Regulator (s 5(cb)).
Safety, facilities and environmental functions: The stated core functions are ensuring safe operation of vessels, providing and managing marine facilities, and managing environmental issues relating to vessels (s 6(1)(a)-(c)). The enabling power in s 6(2) authorises ancillary actions necessary for those functions.
Governance: A Board comprising ministerially appointed directors and the CEO governs the Authority (s 8). Schedule 1 and Schedule 2 set appointment terms, removal grounds, meeting rules, disclosure requirements and quorum/voting arrangements. Directors have statutory duties of honesty and care (s 10) and prohibitions on misuse of information with criminal penalties (s 11), with recovery powers for improper profits (s 12).
Delegation and contracting: The Authority can delegate any of its functions (except delegation power itself) by instrument in writing (s 7), and the Board can delegate to a director or employee (s 14). The Authority may employ, engage or arrange secondments with State Service officers, engage port companies to perform functions (s 19(1), (1A), (2)), and enter contracts for functions and enforcement (s 53). The Act contemplates divesting assets and management control of marine facilities (s 54).
Financial management and transparency: Funds include receipts from operations, parliamentary appropriation and other sources (s 20(1)). The Authority may operate bank accounts (s 21), invest funds subject to the Tasmanian Public Finance Corporation Act (s 22), and is exempt from State taxes (s 23). Accounting records, compliance with Australian Accounting Standards (unless Treasurer directs otherwise), financial statements to the Auditor‑General and an annual report are required (ss 24-29). Treasurer and Minister oversight is provided by directions and information requests (s 25(4), s 30).
Enforcement tools and penalties: The Act allows the Governor to make regulations imposing offences and fines up to 50 penalty units and continuing penalties (s 39(3)). By-laws can regulate a wide range of vessel and marine facility matters and impose fees (s 42). The Authority can appoint authorised persons (s 44) who may issue infringement notices under the Monetary Penalties Enforcement Act (s 45(1), (3)); infringement payments go to the Public Account (s 46). Specific statutory powers deal with unseaworthy, abandoned or sunken vessels (ss 38A-38E), including notice, seizure and disposal procedures (ss 38B-38D), and recovery of costs (s 38D(5)).
Immunities and liability allocation: The Act provides immunities for the CEO, employees, engaged port companies, authorised persons and licensed pilots for acts done in good faith (s 35(1)-(2E)). It directs that liabilities which would otherwise attach to those persons attach to the Authority (s 35(3)). The Authority is also protected from actions arising from defects in equipment or services provided for vessel safety (s 35(4)-(5)).
Transitional mechanics: Provisions in Schedule 3 transfer assets, liabilities, contracts, staff, existing certificates and ongoing proceedings from the former Authority or boards to the new Authority, and convert existing regulations and by‑laws into by‑laws until rescinded or until specified dates (Schedule 3 cl 1-14).
These concepts operate together: governance and ministerial oversight (appointments, directions, reporting) shape how the Authority uses its delegated regulatory and enforcement powers; financial provisions determine revenue sources and reporting obligations; delegation and contracting channels allow functions to be outsourced; immunity and liability rules reallocate risk from individuals and contractors back to the Authority. Each mechanism in the Act identifies who decides, who pays and what compliance or reporting behaviour will follow.
Who it affects
This Act affects a defined set of public and private actors through jurisdictional reach, regulatory obligations, enforcement powers and fiscal arrangements.
Vessel owners, masters and operators: Owners and operators of vessels within inland waters, coastal waters and vessels not covered by the National Law fall under the Authority’s jurisdiction (s 5(a)-(c)). Domestic commercial vessels are also within the Authority’s remit for matters specified in the National Law (s 5(ca)). Owners who have unseaworthy, abandoned or sunken vessels are directly affected by notice powers (s 38B), obligations to repair or relocate, penalties for non‑compliance (s 38B(4)) and potential seizure and disposal orders by the Court (s 38D). Owners whose vessels are moved from wharves or moorings at the Authority’s direction must comply or risk penalties (s 38E).
Recreational users and operators of trading vessels: The Act defines “vessel” to include prescribed recreational craft (s 3), and it contains a specific provision limiting the use of vessels longer than 15 metres for recreational purposes unless the Authority determines otherwise (s 38C). Trading vessels and commercial operators are subject to the Authority’s regulatory powers, including by‑laws and regulations on construction, safety equipment, navigation and moorings (ss 39-42).
Port companies and port operators: Port companies formed under the Port Companies Act 1997 and other persons operating ports or marine facilities are “port operator” for the Act (s 3). The Authority may engage a port company to perform its functions (s 19(1A)), and port companies engaged by the Authority receive statutory immunity for acts done in good faith in the performance of those functions (s 35(2A)-(2C)). Port companies are therefore both potential contractors for the Authority and legal actors whose liabilities may be shifted to the Authority (s 35(3)).
Employees, directors and the chief executive officer: The Board, chairperson and directors are appointed by the Minister (s 8(2)), and directors (including acting directors) have statutory duties to act honestly and with the care and diligence expected in corporate roles (s 10). Directors and the CEO must disclose pecuniary interests (Schedule 2 cl 6; s 18). Directors face civil and criminal penalties for misuse of information or conflicts (ss 10-12; Schedule 2 cl 6). The chief executive officer is responsible for administration and must disclose interests (ss 16-18). Employees (including transferred staff from former authorities under Schedule 3 cl 12) and State Service officers seconded under arrangements (s 19(2)) are affected by employment arrangements and immunities (s 35(1)-(2)).
Marine service providers and contractors: Businesses that supply goods or services ordinarily supplied by the Authority may enter contracts without disqualifying directors under Schedule 1 cl 7(b) and Schedule 2 cl 6(5)(a). The Authority may contract or divest facilities (ss 53-54), so service providers are affected by contracting opportunities and tendering for marine facilities.
The Minister, Treasurer and Parliament: The Minister appoints directors and receives the Authority’s annual report (ss 8(2), 28(3)). The Treasurer may direct accounting practice and the form of financial statements (ss 24(2)(d), 25(4)). Parliament is the recipient of tabling of the annual report (s 29) and is the source of any parliamentary appropriation in the Authority’s funds (s 20(1)(b)).
Courts and authorised persons: The Supreme Court is the Court for Division 2A matters (s 38A). The Authority may appoint authorised persons who can serve infringement notices under the Monetary Penalties Enforcement Act (ss 44-45); infringement monies are paid into the Public Account (s 46).
National Regulator and entities under the National Law: The Act embeds the Commonwealth domestic commercial vessel National Law by reference (s 3) and allows the Authority to perform functions delegated by the National Regulator (s 5(cb)). Consequently, entities regulated under the National Law interact with both the National Regulator and the Authority where delegations or specific matters are involved (s 5(ca), (cb)).
General public and other agencies: Persons using marine facilities, those impacted by pollution or navigation hazards, and other agencies involved in marine safety, environmental protection or land/port administration are within the regulatory sphere because the Authority manages marine facilities, environmental issues and can regulate signage, mooring, cargo, fuel and ballast (ss 6, 41, 42).
In short, the Act creates an institutional node that affects vessel owners and operators (private individuals and firms), port operators, service contractors, Authority staff and directors, and other public entities through governance, financial reporting, regulatory powers, enforcement tools and transfer/vesting mechanisms.
Key duties and rights
The Act imposes duties on directors, employees and vessel owners, grants rights to the Authority and the Board, and creates procedural obligations on the Minister and Treasurer.
Duties of directors and officers
Directors must act honestly and exercise care and diligence equivalent to that required of similar positions in corporations (s 10(1)-(2)). Penalties for breach include fines up to 50 penalty units for each prescribed duty (s 10).
Directors and former directors must not misuse information or the fact of office to gain improper advantage or cause damage to the Authority; breaches attract criminal penalties up to 100 penalty units or five years imprisonment, or both (s 11). The Authority may recover profit and compensation for loss as a debt (s 12).
Directors must disclose direct or indirect pecuniary interests in matters being considered by the Board; Schedule 2 cl 6 prescribes disclosure, recording in minutes, exclusion from deliberation and penalties (Schedule 2 cl 6(1)-(4)). Failure to disclose attracts a penalty of up to 10 penalty units or imprisonment up to three months, or both (Schedule 2 cl 6(1)).
The chief executive officer must inform the Board in writing of any direct or indirect pecuniary interest as soon as practicable after becoming aware of it (s 18).
Duties and obligations related to vessels
Owners of unseaworthy, abandoned or sunken vessels can be served a notice requiring seaworthy repairs or relocation within a reasonable period (s 38B(2)). If the owner cannot be located, the Authority may publish the notice in a local newspaper (s 38B(3)). Failure to comply is an offence punishable by a fine up to 50 penalty units and a daily continuing penalty (s 38B(4)).
Where an owner fails to comply, the Authority may apply to the Court for an order authorising seizure and disposal of the vessel (s 38D(1)-(2)). The Court may impose conditions (s 38D(3)). Proceeds of sale, net of costs, go to the owner; unclaimed proceeds are dealt with under the Unclaimed Money Act (s 38D(4)). The Authority may recover any shortfall in costs from the owner (s 38D(5)).
The Authority can require a vessel secured to a wharf or mooring to be moved to another place where it is causing obstruction, danger, pollution or other hazard (s 38E(1)); non‑compliance attracts a fine up to 50 penalty units and daily continuing penalty (s 38E(2)).
Rights, powers and discretions of the Authority and Board
The Authority may do anything necessary or convenient to perform its statutory functions (s 6(2)). It may also enter into agreements and contracts in respect of its functions or enforcement (s 53), divest assets or management of marine facilities (s 54), and open and operate authorised deposit‑taking institution accounts (s 21).
The Board is responsible to the Minister for the Authority’s performance and must manage affairs according to “sound commercial practice” (s 13). The Board has broad powers to act for the Authority (s 15) and to delegate functions to directors or employees (s 14).
The Authority may appoint authorised persons for purposes of its regulations or by‑laws (s 44) and may serve infringement notices through authorised persons (s 45). The Governor may make regulations that create offences, fees and penalties and may authorise the Authority or CEO to determine or apply matters (s 39(3)-(4)).
The Authority may engage port companies or State Service officers to perform functions (s 19(1A), (2)). Where it does so, those parties have statutory immunities for acts done in good faith (s 35(2A)-(2C)), and liabilities that would attach to them instead attach to the Authority (s 35(3)).
Financial reporting and ministerial/treasurer oversight
The Authority must keep accurate accounting records enabling true and fair accounts and compliance with Australian Accounting Standards unless the Treasurer gives a contrary direction (s 24(1)-(2)(a)-(d)).
The Board must prepare and forward financial statements to the Auditor‑General in accordance with the Audit Act (s 25(1)). The Treasurer may direct form and content of financial statements (s 25(4)).
The Board must prepare an annual report including financial statements, Auditor‑General opinion and operational reporting, and provide it to the Minister, Treasurer and Auditor‑General (s 28(1)-(3)). The Minister must table the annual report in Parliament within four months of year end (s 29).
Enforcement mechanisms and rights of appeal
Regulations, by‑laws and appointed authorised persons provide the Authority with a menu of enforcement tools. Regulations may create offences with fines up to 50 penalty units and continuing penalties (s 39(3)). By‑laws cover detailed operational matters including mooring, movement, detention and fees (s 42(1)(m), (n), (p), (q), (s)). The Act does not set out appeal routes in the body text but does list “appeals” among possible by‑law topics (s 42(1)(g)), indicating the Authority may provide appeal procedures by by‑law.
Procedural protections and presumptions
Courts and persons acting judicially must take judicial notice of the Authority’s seal and official signatures of chairperson, directors and CEO (ss 36-37). In proceedings by or against the Authority, proof is not required as to the constitution of the Board, appointments, resolutions or presence of a quorum unless evidence to the contrary is provided (s 38).
Collectively, the duties require transparency in governance and finance, quick operational compliance by vessel owners where hazards arise, and provide the Authority with broad contractual, regulatory and enforcement powers constrained by court oversight on seizure and disposal of vessels and by ministerial and treasurer direction on reporting.
Penalties and enforcement
The Act creates a layered enforcement architecture combining administrative infringement notices, criminal and civil penalties, court orders for seizure and disposal, and regulatory fines created by regulation or by‑law. Enforcement is implemented through authorised persons, Court applications and statutory offences.
Fines and criminal penalties established in the Act
Director obligations: Directors who fail to meet honesty or care/diligence duties face fines not exceeding 50 penalty units for each contravention (s 10(1)-(2)). Improper use of information by a director or former director carries a penalty of up to 100 penalty units or imprisonment for up to five years, or both (s 11).
Disclosure of interests: A director who fails to disclose a pecuniary interest when required under Schedule 2 cl 6 faces a penalty up to 10 penalty units or imprisonment up to three months, or both (Schedule 2 cl 6(1)).
Vessel owner offences: Owners who do not comply with notices regarding unseaworthy or abandoned vessels commit an offence with a fine not exceeding 50 penalty units and, for continuing offences, an additional 5 penalty units per day (s 38B(4)). The same penalty structure applies for failing to comply with notices to move vessels from wharves or moorings under s 38E(2).
Regulatory offences: The Governor may make regulations that provide that contraventions are offences with fines up to 50 penalty units and, for continuing offences, up to 20 penalty units per day (s 39(3)(a)-(b)). By‑laws may similarly provide offences and fees (s 42(1)(s) and s 39(3)(c)).
Administrative enforcement tools
Infringement notices: Authorised persons appointed by the Authority may serve infringement notices on persons aged 16 or over where an authorised person believes a prescribed offence under regulations or by‑laws has been committed (s 45(1)). An infringement notice must be in accordance with s 14 of the Monetary Penalties Enforcement Act 2005 (s 45(3)), and may not relate to four or more offences (s 45(2)). Payments from infringement notices are payable into the Public Account (s 46).
By‑laws and regulations: The Act confers broad powers to create offences, set fines and impose fees through regulations (s 39) and to make detailed operational and safety rules by by‑law (s 42). By‑laws can also prescribe recovery of costs incurred by the Authority in planning contexts (s 42(2)).
Court‑based enforcement and seizure/disposal
Notices and Court applications: If an owner fails to comply with an unseaworthy/abandoned/sunken vessel notice, the Authority may apply to the Supreme Court for an order authorising seizure and disposal (s 38D(1)). The Court may order seizure and disposal where satisfied the vessel has been abandoned, is sunken or unseaworthy, or the owner has failed to comply with a notice (s 38D(2)). The Court may impose conditions on such an order (s 38D(3)).
Proceeds and cost recovery: Net proceeds of sale are payable to the owner; if unclaimed within one month, they are dealt with under the Unclaimed Money Act 2015 (s 38D(4)). Where sale proceeds are insufficient, the Authority may recover the shortfall from the owner as a debt (s 38D(5)).
Liability allocation and immunities
Immunities: The CEO, employees, engaged port companies, members of port company boards, employees of engaged port companies and authorised persons do not incur personal liability for acts done in good faith in the performance or purported performance of functions under the Act (s 35(1)-(2D)). Pilots holding a licence under the Marine and Safety (Pilotage and Navigation) Regulations 1997 are also protected from personal liability for damage or loss caused by neglect or lack of skill in providing navigation advice (s 35(2E)).
Shift of liability: A liability that would otherwise attach to the CEO, an employee, a port company or its board members or employees attaches to the Authority instead (s 35(3)). The Authority is further protected from actions for acts or omissions relating to defects in equipment or services provided for vessels’ operation or safety (s 35(4)-(5)).
Procedural presumptions facilitating enforcement
Judicial notice of corporate form and signatures: Courts must take judicial notice of the Authority’s seal and of official signatures of chairperson, directors and the CEO (ss 36-37). In proceedings involving the Authority, proof is not required regarding the constitution or decisions of the Board absent contrary evidence (s 38). These presumptions streamline evidentiary requirements for enforcement actions.
Enforcement limits and procedural safeguards in the Act
Publication of notices where owner cannot be located: The Authority may publish a notice in a circulating newspaper where reasonable inquiries do not locate an owner (s 38B(3)), providing procedural notice before seeking court orders.
Court discretion over seizure and disposal: The Court’s ability to make orders only when satisfied and to attach conditions (s 38D(2)-(3)) introduces judicial oversight of intrusive enforcement measures.
Monetary penalties regime linkage: Infringement notices must comply with the Monetary Penalties Enforcement Act 2005 (s 45(3)), thereby subjecting the Authority’s infringement process to that statutory framework.
In sum, enforcement under the Act combines administrative, regulatory and judicial measures. The Authority can use infringement notices and regulatory fines for lower‑level breaches, and may escalate to Court‑ordered seizure and disposal for unremedied abandoned or dangerous vessels. Immunity clauses limit the personal exposure of officers and contractors while allocating ultimate liability to the Authority itself.
How it interacts with other laws
The Act expressly cross‑references and integrates with a number of Commonwealth and State instruments and statutes, creating layered regulatory interactions and delegations.
Integration with the Commonwealth National Law
National Law definitions and delegation: The Act imports the Commonwealth domestic commercial vessel National Law and its applied provisions by definition of “National Law” (s 3), and it defines key terms such as domestic commercial vessel, master, owner of a vessel, National Regulator and certificate of survey as having the same meanings as in the National Law (s 3). Section 5(c) excludes vessels within the National Law from general Authority jurisdiction, while ss 5(ca) and (cb) bring domestic commercial vessels into the Authority’s jurisdiction for matters specified in s 6(2) of the National Law and permit performance of matters delegated by the National Regulator.
Delegation and coexistence: By enabling the Authority to perform functions delegated by the National Regulator (s 5(cb)), the Act creates an operational interface between federal regulatory arrangements for domestic commercial vessels and the State Authority, allowing parallel or delegated enforcement and administration.
Financial and audit law integration
Audit and financial reporting: Financial statements must be prepared and forwarded to the Auditor‑General in accordance with the Audit Act 2008 (s 25(1)). The Treasurer may direct the form and contents of financial statements (s 25(4)), and accounting records must comply with Australian Accounting Standards unless the Treasurer gives a contrary direction (s 24(2)(c)-(d)). These provisions link the Authority’s financial governance to State audit and treasury frameworks.
Monetary penalties and enforcement framework
Infringement notices: The Act requires infringement notices to be in accordance with s 14 of the Monetary Penalties Enforcement Act 2005 (s 45(3)), so the Authority’s infringement regime is to be operated within the State’s monetary penalties enforcement architecture.
Statutory instruments and subordinate legislation
Regulations and by‑laws: The Governor may make regulations under the Act (s 39), and the Authority may make by‑laws (s 42), but by‑laws are not statutory rules for the purpose of the Rules Publication Act 1953 while they are taken to be subordinate legislation for the purpose of the Subordinate Legislation Act 1992 (s 42(4)(a)-(b)). This dual character affects publication, scrutiny and review procedures for by‑laws.
Public finance and investment law
Investment subject to Tasmanian Public Finance Corporation Act: The Authority may invest funds subject to the Tasmanian Public Finance Corporation Act 1985 s 16 (s 22). This ties investment practices to State public finance policy.
Other State Acts
Port Companies Act interaction: The Act treats “port company” as a company formed under the Port Companies Act 1997 (s 3). The Authority may engage port companies under s 19(1A), and Schedule 3 contemplates transfers of assets and staff from former authorities, which may involve the Crown Lands Act 1976 or Government Business Enterprises Act 1995 where the Minister must agree on transfers (s 31).
Administrative Arrangements Act: Until the statute is assigned by order, administration of this Act is assigned to the Minister for Transport and the Department of Transport pursuant to the Administrative Arrangements Act 1990 context (s 56).
Unclaimed Money Act: Proceeds of sale from seized vessels unclaimed after one month are dealt with under the Unclaimed Money Act 2015 (s 38D(4)).
Regulatory overlap and potential duplication
Safety and environmental regulation: The Act authorises regulations on safety (s 40), environmental issues relating to vessels (s 41), and by‑laws covering anchors, mooring, construction, movement, cargo and ballast (s 42). These subject matters may overlap with other State environmental, pollution control or maritime safety statutes and with Commonwealth maritime regimes for commercial vessels; the Act’s reference to National Law and delegated functions anticipates some of that overlap by permitting the National Regulator to delegate matters to the Authority (s 5(cb)).
Liability and indemnity alignment
Immunities and liability allocation: The Act reallocates liability to the Authority for acts by the CEO, employees and engaged port companies (s 35(3)), which interacts with common law duties and statutory liability regimes. Port companies engaged to perform Authority functions get statutory immunities (s 35(2A)-(2C)), which may affect contractual indemnity arrangements and insurance practices.
Transitional continuity with former Acts
Schedule 3 provides comprehensive transitional rules transferring accounts, proceedings, contracts, staff, certificates and by‑laws from the former Navigation and Survey Authority (and former boards) to the Marine and Safety Authority (Schedule 3 cl 1-14). Existing regulations under the former Act are converted into by‑laws until rescinded or until 31 December 2000 (Schedule 3 cl 8). This preserves legal continuity and provides for ongoing enforcement and rights.
In summary, the Act is not standalone; it is explicitly designed to operate alongside the National Law, State audit and financial statutes, monetary penalties enforcement, public finance rules and other State Acts affecting ports, Crown lands and administrative arrangements. These cross‑references determine the practical boundaries of the Authority’s responsibilities and the institutional channels through which it must report, invest, and enforce.
Amendment history
The text of the Act as provided contains embedded amendment annotations identifying statutory changes over time. The schedule of amendments in the source demonstrates iterative modifications to definitions, procedural powers, financial reporting provisions and enforcement mechanisms. Key amendment markers in the text include:
Definitions and National Law integration: Section 3 has been amended multiple times, with references to amendments by No. 8 of 2006 (s 4), No. 31 of 2013 (s 35) and No. 50 of 2000 (s 4), reflecting changes to definitions such as certificate of survey, commercial vessel, domestic commercial vessel, and coastal waters (s 3 with multiple amendment notes). The repeated 2013 amendment entries (No. 31 of 2013, s 35) indicate substantial reworking to align terminology with the National Law.
Jurisdiction and functions: Section 5 (Jurisdiction of Authority) was amended by No. 31 of 2013 (s 36) to add domestic commercial vessels in relation to matters specified in s 6(2) of the National Law and to include matters delegated by the National Regulator (s 5(ca), (cb)). Section 6(1) was amended by No. 31 of 2013 (s 37) to ensure the Authority’s functions expressly include performing delegated functions from the National Regulator.
Delegation of accounts and banking: Section 21 was substituted by No. 74 of 1999, Sched. 2 (applied 1 Jan 2000), modernising the provision authorising the Authority to open ADI accounts (s 21).
Tax exemption: Section 23 was amended by No. 65 of 2003 (s 15), preserving exemption from State charges.
Financial reporting and auditing: Sections 24 and 25 contain multiple amendments. Section 24(2) was amended by No. 50 of 2008, Sched. 2 (applied 1 Jul 2010) to add Treasurer’s direction compliance. Section 25(1) was substituted by No. 50 of 2008, Sched. 2 (applied 1 Jul 2010) and earlier amended by No. 42 of 2003, Sched. 1 (applied 4 Jul 2003), aligning financial statement obligations with the Audit Act 2008. Various parts of s 25(2) and (3) were amended to incorporate Treasurer oversight and Australian Accounting Standards compliance (s 25).
Annual reporting and administrative exemptions: Section 28 was amended by No. 50 of 2008, Sched. 2, requiring inclusion of the Auditor‑General’s opinion and other reporting adjustments. Section 28(4) excludes s 36 of the State Service Act 2000 from applying to the Authority; that subsection was amended by No. 86 of 2000, Sched. 1.
Transfer provisions and port company engagement: Section 19(1A) authorising engagement of port companies was inserted by No. 50 of 2000, s 5 (applied 14 Jul 2000). Section 35 (immunity) had several insertions by No. 50 of 2000, s 6, adding immunities for engaged port companies, their board members and employees, and for authorised persons. Section 35(2E) protects licensed pilots; these changes adjusted liability allocations following contracting out of functions.
Abandoned and unseaworthy vessels: Division 2A (ss 38A-38E) was inserted by No. 8 of 2006, s 5 (applied 25 Oct 2006), creating a statutory scheme for unseaworthy, abandoned and sunken vessels with Court seizure and disposal powers. Section 38C (commercial vessels) was substituted by No. 31 of 2013, s 38 (applied 2 Sep 2013).
Infringement notices and penalties: Section 45(3) requiring infringement notices to comply with the Monetary Penalties Enforcement Act was inserted by No. 72 of 2007, Sched. 1 (applied 28 Apr 2008). Section 46 was substituted by No. 72 of 2007 (applied 28 Apr 2008) and later amended by No. 4 of 2017 (applied 1 Jul 2019) to regulate payments into the Public Account.
Seizure proceeds and unclaimed money: Section 38D(4) concerning proceeds of sale and Unclaimed Money Act treatment was amended by No. 40 of 2015, Sched. 2 (applied 1 Jul 2016).
By‑laws and regulations: Sections 39-42 show amendment notes such as No. 8 of 2006 (s 6) and No. 31 of 2013 (ss 39, 40, 42) indicating updates to the scope of regulatory and by‑law powers and the maximum fines that can be created by regulation.
Schedule amendments: Schedule 2 disclosure and conflict provisions were amended by No. 86 of 2000, Sched. 1 (applied 1 May 2001).
Transitional amendments and savings
Schedule 3 contains transitional and savings provisions ensuring continuity from earlier maritime authorities and regulatory regimes. The schedule is part of the original Act but interacts with later amendments that replaced references to the former Authority and modified the dates or scope for continuation of certificates, licences, by‑laws and staff entitlements.
The amendment annotations in the provided text identify incremental reforms that modernise financial reporting, align State definitions and duties with the National Law framework, create specific enforcement mechanisms for abandoned and unseaworthy vessels, and permit contracting of port companies with associated immunities. Where the text contains specific amendment references, those indicate the legislative instruments and years that effected the changes. The Act as presented is therefore the product of iterative statutory alignment with national maritime safety frameworks, administrative rationalisation and refinement of enforcement and financial governance tools.
Litigation history
The provided statute text does not cite judicial decisions or a case list. It does, however, nominate the Supreme Court of Tasmania as “the Court” for the Division dealing with abandoned, unseaworthy and sunken vessels (s 38A). The Act anticipates Court involvement in enforcement: the Authority must apply to the Court for orders authorising seizure and disposal of vessels where owners do not comply with notices (s 38D(1)-(3)). The Court is given fact‑finding and discretional functions, including the power to attach conditions to seizure and disposal orders (s 38D(3)).
Because the source text contains no case law references, there is no litigation history recorded in the Act itself to summarise. Users seeking case law applying or construing these provisions must consult judicial databases, the Supreme Court of Tasmania’s decisions, and secondary sources to locate reported decisions on, for example, the Court’s exercise of discretion under s 38D, challenges to the Authority’s use of infringement notices under s 45, or judicial review of Board decisions. The Act’s provisions that create offences, judicial presumptions (s 38), and immunities (s 35) may have been subject to litigation, but no such cases are named or summarised in the statute text provided.
Practically, key litigation touchpoints likely to arise from these provisions include:
Applications under s 38D for seizure and disposal, where the Court examines whether the statutory grounds are made out (abandoned, sunken or unseaworthy vessel; failure to comply with notice).
Disputes over the sufficiency of notices served under s 38B (for unseaworthiness, abandonment or sinking) including publication under s 38B(3) when the owner cannot be located.
Challenges to the Authority’s issuance or validity of infringement notices under the Monetary Penalties Enforcement Act framework referenced in s 45.
Contractual or tort disputes involving port companies engaged under s 19(1A) where immunity provisions (s 35(2A)-(2C)) and the liability shift to the Authority (s 35(3)) are raised.
To obtain actual litigation history, researchers must consult court records and legal reporting services; the Act supplies the statutory hooks but not the case outcomes.
Gotchas
The Act contains several provisions that produce practical legal and administrative effects which may be overlooked or have operational consequences.
Ministerial appointment and removal power over directors
The Minister appoints directors and may remove directors for a number of specified grounds including failure to disclose pecuniary interests, conviction of offences, incapacity or absence (s 8(2); Schedule 1 cl 7). This places significant executive control over Board composition and creates a route for ministerial influence on governance. The Board is nevertheless obliged to manage the Authority in accordance with “sound commercial practice” (s 13), yet appointment and removal remain a ministerial power.
Treasurer and Minister control over reporting formats and information
The Treasurer may give written directions as to the form and content of financial statements (s 25(4)); accounting records must comply with Australian Accounting Standards subject to any contrary Treasurer direction (s 24(2)(c)-(d)). The Minister may require information from the Authority at any time by written notice, and the Authority must comply (s 30). These provisions create tightly defined oversight levers on financial disclosure and operational transparency.
Delegation and contracting can shift liability and dilute direct control
The Authority may delegate its functions (s 7), and the Board may delegate to directors or employees (s 14). The Authority may engage port companies to perform functions (s 19(1A)), and engaged port companies, their boards and employees are granted immunity for acts done in good faith (s 35(2A)-(2C)). At the same time, liabilities that would otherwise attach to these entities are directed to attach to the Authority (s 35(3)). Practically, engagement may reduce operational control while consolidating financial and legal responsibility within the Authority, which can affect risk allocation, insurance and contracting practice.
By‑laws are not “statutory rules” but are subordinate legislation
By‑laws made under s 42 are explicitly not statutory rules for the purposes of the Rules Publication Act 1953, but they are taken to be subordinate legislation for the purposes of the Subordinate Legislation Act 1992 (s 42(4)(a)-(b)). This dual character may impact publication, parliamentary scrutiny and legal review processes differently than ordinary statutory rules, which is a point to check when assessing compliance and challenge routes.
Infringement notices and the Monetary Penalties Enforcement Act interface
Infringement notices under s 45 must comply with s 14 of the Monetary Penalties Enforcement Act 2005 (s 45(3)). Practitioners should ensure enforcement procedures align with that Act’s requirements, including notice content, payment processing and appeal avenues. Infringement notices cannot relate to four or more offences (s 45(2)), which limits bundling of contraventions.
Immunity for pilots and contracted parties
Section 35(2E) removes personal liability for pilots holding a pilot’s licence under the Marine and Safety (Pilotage and Navigation) Regulations 1997 for damage caused by neglect or lack of skill in navigation advice. This is an unusual statutory protection that may affect negligence claims and indemnity arrangements involving pilots. Additionally, port companies engaged by the Authority receive extensive immunities when acting in good faith (s 35(2A)-(2C)), but liability that would attach to them attaches to the Authority (s 35(3)), altering the avenue for recourse and potentially concentrating claims against the public entity.
Vessel seizure proceeds and short statutory claim window
Proceeds from sale of seized vessels must be paid to the owner, but if unclaimed within one month of sale are dealt with under the Unclaimed Money Act (s 38D(4)). One month is a short claim window for owners; practitioners and owners must act quickly after sale to reclaim proceeds.
Transitional conversions and expiry dates
Schedule 3 converts former regulations and by‑laws into by‑laws and provides defined expiry or rescission windows (Schedule 3 cl 8). The transitional provisions included time limits (e.g. conversion until 31 December 2000) and continuing force for existing certificates or licences for specified periods (Schedule 3 cl 9-11). When dealing with legacy certificates, licences or exemptions, check the specific transitional expiry rules preserved in Schedule 3.
Authority exempt from State taxes
Section 23 exempts the Authority from State tax, duty or charges. This creates a differential fiscal treatment relative to private entities, which may be material when comparing cost of operations or when contracting with the Authority versus other entities.
Publication of notices where owner cannot be located
For unseaworthy or abandoned vessels, if reasonable inquiries fail to locate an owner, the Authority may serve notice by publication in a local newspaper (s 38B(3)). That method may be challenged on adequacy grounds if owner location is disputed; users should scrutinise the degree of “reasonable inquiries” conducted.
By‑laws may incorporate external standards
The regulations (s 39(5)) and by‑laws (s 42(3)) may adopt or incorporate external documents, standards or codes with or without modification. This can import technical standards published by third parties into enforceable law; users need to confirm which versions of such standards are legally operative and accessible.
Disclosure and conflict penalties are meaningful
Directors who fail to disclose pecuniary interests face a penalty and potential exclusion from deliberations (Schedule 2 cl 6). The Act imposes criminal and civil consequences for misuse of position or information (ss 11-12). Compliance frameworks and minute‑keeping are therefore operationally important.
These operational “gotchas” point to areas where legal advisers, port operators, vessel owners and contractors should pay attention: ministerial and Treasurer directions, delegation and outsourcing with liability implications, by‑law character and accessibility, the interplay with the Monetary Penalties Enforcement Act, and the short windows and procedural requirements tied to seizure, sale and reclaimed proceeds.
How to comply
Compliance under this Act requires organisational systems, recordkeeping, governance practices and operational procedures aligned with the Act’s statutory duties, reporting obligations and enforcement risks.
Organisational and governance steps
Board appointments and governance: Ensure director appointments comply with s 8 and Schedule 1. Maintain instrumented appointment terms (Schedule 1 cl 2) and implement formal resignation and removal procedures (Schedule 1 cl 6-7). Keep accurate minutes as required by Schedule 2 cl 5 and record all disclosures of pecuniary interests in minutes (Schedule 2 cl 6(2)). Directors should be briefed on statutory duties under s 10 and the misuse prohibition in s 11, and the Authority should have policies for avoidance of conflicts and for managing disclosures consistent with Schedule 2 cl 6(3)-(4).
Chief executive officer and employees: The CEO must disclose pecuniary interests in writing (s 18). Employment and engagement arrangements should be documented under s 19 with attention to whether port companies or State Service officers are engaged and any attendant immunities and liability allocations (s 19(1A), (2); s 35(2A)-(2C)).
Financial systems and reporting
Accounting and auditing: Maintain accounting records sufficient to prepare true and fair accounts, subject to Australian Accounting Standards unless the Treasurer directs otherwise (s 24(1)-(2)(a)-(d)). Put controls in place for receipts (s 20), authorised deposit‑taking institution accounts (s 21), and investment procedures consistent with s 22 and the Tasmanian Public Finance Corporation Act compliance requirement. Prepare annual financial statements and forward them to the Auditor‑General as required by s 25(1), and prepare the annual report with the Auditor‑General opinion as specified in s 28(2)(b). Be ready to comply with Treasurer directions on statement form and content (s 25(4)).
Regulatory and by‑law compliance
Track and implement regulations and by‑laws made under ss 39-42. Because by‑laws may adopt external codes and standards (s 42(3)), maintain a register of incorporated documents and their versions. Where the Authority is required to determine fees and charges, ensure fee structures are published and compliance mechanisms are in place; note the Authority may remit or waive fees under s 43.
Operational safety and vessel obligations
Response to unseaworthy or abandoned vessels: Have procedures for issuing notices under s 38B and s 38E, including processes for “reasonable inquiries” to locate owners and publication in a commonly circulated newspaper where owners cannot be located (s 38B(3)). Track notice periods and compliance; if owners do not comply, follow the prescribed route for Court application under s 38D, including documentation of steps taken and costs incurred for recovery under s 38D(5).
Moorings and obstructions: Implement decision criteria for when to issue move notices under s 38E(1)(a)-(d), and ensure service methods meet legal requirements. Maintain evidence of hazard assessment, notice delivery and any follow up.
Enforcement procedures and infringement notices
Authorised persons and infringement processes: Appoint authorised persons under s 44 and train them to issue infringement notices consistent with the Monetary Penalties Enforcement Act 2005 s 14, as required by s 45(3). Ensure systems for recording, processing and remitting infringement payments to the Public
[Section 3 Amended by No. 50 of 2000, s. 4, Applied:14 Jul 2000]
[Section 3 Amended by No. 50 of 2000, s. 4, Applied:14 Jul 2000]coastal waters means –
(a) any part of the territorial sea of Australia adjacent to the State within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and
(b) the marine or tidal waters on the landward side of any territorial sea of Australia adjacent to the State;
commencement day means the day proclaimed under section 2 ;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]commercial purpose means a purpose for which a vessel is to be used which results in the vessel being a commercial vessel;
[Section 3 Amended by No. 8 of 2006, s. 4, Applied:25 Oct 2006][Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]
[Section 3 Amended by No. 8 of 2006, s. 4, Applied:25 Oct 2006][Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]commercial vessel has the same meaning as domestic commercial vessel in the National Law;
[Section 3 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001]corporation means a corporation as defined in the Corporations Act;
director means a person referred to in section 8(1) or 9(1) ;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]domestic commercial vessel has the same meaning as in the National Law;
employee means a person referred to in section 19 who is not a contractor or a consultant;
financial statements means the financial statements prepared under section 25 ;
former Act means the Marine Act 1976 ;
former Authority means the Navigation and Survey Authority of Tasmania constituted under the former Act;
former board means a board within the meaning of the former Act;
marine facility means any facility, structure or equipment used in relation to the navigation and operation of vessels;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]master has the same meaning as in the National Law;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]National Law means –
(a) the Commonwealth domestic commercial vessel national law within the meaning of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 ; and
(b) the applied provisions within the meaning of the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2013 ;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]National Regulator has the same meaning as in the National Law;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]owner of a vessel has the same meaning as in the National Law;
[Section 3 Amended by No. 50 of 2000, s. 4, Applied:14 Jul 2000]port company means a company formed under the Port Companies Act 1997 ;
port operator means –
(a) a company formed under the Port Companies Act 1997 ; or
(b) a person who operates a port or marine facility;
trading vessel means a vessel, other than a fishing vessel, that is used or is intended to be used –
(a) in connection with any business or commercial activity; or
(b) wholly or principally for –
(i) the carriage of passengers or cargo for hire or reward; or
(ii) the provision of services to ships or shipping, whether for reward or otherwise;
transfer day means the day on which a transfer under section 31 takes effect;
[Section 3 Amended by No. 8 of 2006, s. 4, Applied:25 Oct 2006]unseaworthy means unseaworthy within the meaning of section 38B(1) ;
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]
[Section 3 Amended by No. 31 of 2013, s. 35, Applied:02 Sep 2013]vessel has the same meaning as in the National Law and includes any other prescribed craft, or any other craft of a prescribed class, used for recreational purposes;
wharf includes –
(a) any landing place, marshalling yard, pier, jetty or dock used for the landing or shipping of cargo; and
(b) any approaches to, and spaces under, a wharf; and
(c) any shed or other structure on a wharf.
Part 2 Marine and Safety Authority
Part 2 Marine and Safety Authority
4 Marine and Safety Authority
4 Marine and Safety Authority
(1) The Marine and Safety Authority is established.
(2) The Authority –
(a) is a body corporate with perpetual succession; and
(b) has a seal; and
(c) maysue and be sued in its corporate name.
5 Jurisdiction of Authority
5 Jurisdiction of Authority
The Authority has jurisdiction in and over –
(a) the waters of all inland lakes, rivers and streams; and
(b) coastal waters; and
(c) [Section 5 Amended by No. 31 of 2013, s. 36, Applied:02 Sep 2013] any vessel, other than a vessel within the meaning of the National Law; and
(ca) [Section 5 Amended by No. 31 of 2013, s. 36, Applied:02 Sep 2013] domestic commercial vessels in relation to any of the matters specified in section 6(2) of the National Law; and
(cb) [Section 5 Amended by No. 31 of 2013, s. 36, Applied:02 Sep 2013] any matters delegated to it by the National Regulator; and
(d) any marine facility under the control of the Authority.
6 General functions and powers
6 General functions and powers
(1) The functions of the Authority are as follows:
(a) [Section 6 Subsection (1) amended by No. 31 of 2013, s. 37, Applied:02 Sep 2013] to ensure the safe operation of vessels;
(ab) [Section 6 Subsection (1) amended by No. 31 of 2013, s. 37, Applied:02 Sep 2013] to perform the functions delegated to it by the National Regulator;
(b) to provide and manage marine facilities;
(c) to manage environmental issues relating to vessels.
(2) The Authority has power to do anything necessary or convenient to be done in connection with the performance of its functions.
7 Delegation
7 Delegation
The Authority, by instrument in writing, may delegate any of its functions or powers, other than this power of delegation, to any person or body.
Part 3 Board of Directors
Part 3 Board of Directors
Division 1 Directors
Division 1 Directors
8 Board
8 Board
(1) The Authority has a Board of Directors consisting of the following persons:
(a) a chairperson;
(b) at least 3 and not more than 5 persons who have skills and experience relevant to the functions of the Authority;
(c) the chief executive officer.
(2) The persons referred to in paragraphs (a) and (b) are appointed by the Minister.
(3) Schedule 1 has effect with respect to directors.
(4) Schedule 2 has effect with respect to the meetings of the Board.
9 Acting director
9 Acting director
(1) The Minister may appoint a person to act as a director for any period during which the chairperson or another director is –
(a) absent from duty; or
(b) absent from Australia; or
(c) otherwise unable to perform the functions of the office of director.
(2) The appointment of a person to act as a director in the absence of the chairperson is not an appointment as chairperson.
(3) This Act applies to the appointment as if it were the appointment of a director.
(4) A person who is acting as a director is taken to be a director.
10 Duties of director
10 Duties of director
(1) A director must act honestly in the performance and the exercise of the functions and powers of a director.
Penalty: Fine not exceeding 50 penalty units.
(2) In performing and exercising the functions and powers of a director, a director must exercise the same degree of care and diligence that a person in a similar position in a corporation is required to exercise.
Penalty: Fine not exceeding 50 penalty units.
11 Improper advantage as director
11 Improper advantage as director
A director or former director must not use improperly, whether within Tasmania or elsewhere, information acquired as a director or the fact that he or she is or was a director –
(a) to gain, directly or indirectly, a personal advantage or an advantage for another person; or
(b) to cause damage to the Authority.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.
12 Repayment of improper profit
12 Repayment of improper profit
If a director or former director is found guilty of an offence under section 11 , the Authority may recover in a court of competent jurisdiction as a debt due to it –
(a) any profit made by the director or another person as a result of the commission of the offence; and
(b) an amount equal to any loss and damage the Authority suffered as a result of the commission of the offence.
13 Role of Board
13 Role of Board
The Board is responsible to the Minister for –
(a) the performance by the Authority of its functions; and
(b) ensuring that the business and affairs of the Authority are managed and conducted in a manner that is in accordance with sound commercial practice.
14 Delegation
14 Delegation
The Board, by instrument in writing, may delegate any of its functions or powers, other than this power of delegation, to a director or an employee.
15 Powers of Board
15 Powers of Board
The Board has power to do anything necessary or convenient to be done in connection with the performance and exercise of its functions and powers under this or any other Act.
Division 2 Chief executive officer and employees
Division 2 Chief executive officer and employees
16 Chief executive officer
16 Chief executive officer
(1) The Board may appoint a person as chief executive officer of the Authority on any terms and conditions it considers appropriate.
(2) The chief executive officer is responsible to the Board for the general administration and management of the Authority.
17 Duties of chief executive officer
17 Duties of chief executive officer
The chief executive officer –
(a) must perform any functions –
(i) delegated to the chief executive officer by the Board; or
(ii) imposed on the chief executive officer under this or any other Act; and
(b) may exercise any powers –
(i) delegated to the chief executive officer by the Board; or
(ii) granted to the chief executive officer under this or any other Act.
18 Disclosure of interest
18 Disclosure of interest
The chief executive officer must inform the Board, in writing, of any direct or indirect pecuniary interest that he or she has in any business or body corporate as soon as practicable after he or she acquires, or becomes aware of, that interest.
19 Employment and engagement of persons
19 Employment and engagement of persons
(1) The Authority may employ or engage any other persons it considers necessary for the performance of its functions on any terms and conditions it considers appropriate.
(1A) [Section 19 Subsection (1A) inserted by No. 50 of 2000, s. 5, Applied:14 Jul 2000] The Authority may engage a port company to perform any of the functions of the Authority on any terms and conditions the Authority considers appropriate.
(2) [Section 19 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Au
This is an opening excerpt, not the complete document.