W.A. Marine (Hire and Drive Vessels) Regulations 1983

Hire and drive vessel. The Regulations do not define this term directly but rely on the definition in the Code as incorporated. Clause 1.2 of Section 18 of the Code, as modified, defines “vessel” broadly and includes “paddle boats of the foot or hand-driven types”. The modifications delete original paragraphs 1, 2, and 3 of clause 1.2, and substitute a new paragraph 8 for “Houseboat”. A houseboat under the modified definition means any vessel or pontoon held or let as a place of habitation, shelter, recreation, entertainment, or refreshment, or as club or business premises, but excludes a vessel normally employed in carrying goods or passengers for reward that is temporarily used for those purposes. This distinction matters because houseboats fall within the regulatory net unless they are passenger or goods vessels temporarily used.

Licence. The Regulations create a licence for the owner of a hire and drive vessel. The licence is valid for one year, renewable annually on payment of $55 (clause 3.1.2(2)). The initial application fee is $529.60, which is non-refundable if the application is not approved. A person acquiring an existing hire and drive operation may apply for a transfer of the existing licence on payment of $260, provided the operation continues from the same location and complies with existing conditions (clause 3.1.2(3)). The Authority may attach conditions to the licence covering matters such as approval from local authorities, area limits, rescue craft, surveillance, maximum number of vessels, survey fees, life jackets, and the register book (clause 3.1.3). Conditions may be varied on payment of a $100 fee.

Registration. Each hire and drive vessel must have current registration issued by the Authority. The owner must display a registration plate or equivalent in a conspicuous position, or if directed by the Authority, paint or mark an identification number, maximum persons, and the word “HIRE” on the vessel (clause 3.3.2). The owner must maintain markings in clear and legible condition.

Equipment. The equipment required by clause 2.2 of the Code (as incorporated) must be on board and, if necessary, secured to the vessel. The Regulations do not list the equipment; they incorporate the Code’s requirements. The owner must not allow hiring out without this equipment. The hirer must keep it on board and produce it on demand.

Age restrictions. Clause 4.3.2 prohibits a person under 17 from driving a mechanically propelled vessel capable of or designed for speeds over 12 knots. The owner or hirer must not knowingly permit such driving. The exception in clause 4.3.3 allows a person at least 14 accompanied by a person at least 21 to drive such a vessel.

Penalties. Penalties are fixed amounts (not penalty units). The $500 penalties for equipment, registration, and reporting breaches have not been updated since at least the 2008 amendments. The $300 penalty for age restriction breaches also appears unchanged. These amounts are low relative to modern commercial operations and may not deter non-compliance by larger operators.

Authority. Defined as the chief executive officer (regulation 3(1)). The Authority issues licences, registers vessels, imposes conditions, and can suspend or cancel licences if the holder is convicted of an offence related to vessel hire (clause 3.1.5).

The Regulations directly affect owners of hire and drive vessels operating in Western Australia. An “owner” is not defined separately but includes any person who allows a vessel to be hired out. This includes businesses that rent out dinghies, runabout boats, paddle boats, houseboats, and other recreational vessels to the public. The owner must hold a licence, register each vessel, ensure equipment is on board, comply with licence conditions, report accidents, and ensure compliance with age restrictions.

Hirers (the persons who hire the vessels) are also directly affected. They must keep the equipment on board and produce it on demand to an authorised person. They must not permit a person under 17 to drive a fast mechanically propelled vessel, and if they do, they face a $300 penalty.

Persons under 17 who wish to operate a hire and drive vessel that is mechanically propelled and capable of speeds over 12 knots are restricted. They cannot drive unless they are at least 14 and accompanied by a person at least 21. For vessels under 12 knots, there is no age restriction in the Regulations (though other laws may apply).

The Authority (the chief executive officer of the department administering the Western Australian Marine Act 1982) is affected as the regulator. It processes applications, issues licences and registrations, imposes conditions, and enforces compliance. Local or public authorities may also be involved if the Authority requires approval from the authority having responsibility for the land above high water where the vessel is operated (clause 3.1.3(a)).

Commercial operators holding existing licences are affected by the transfer provisions: a person acquiring an existing operation can take over the licence but must pay a transfer fee and continue from the same location. This limits the ability to relocate a hire business without reapplying. The non-refundable initial fee of $529.60 is a sunk cost that may deter new entrants or expansion, as the fee is not returned if the application is rejected.

Insurers and financiers are indirectly affected because regulation 5 declares the licence not personal property for Personal Property Securities Act 2009 (Cth) purposes. This means the licence cannot be used as collateral or charged under the PPSA, which may affect the value of a hire and drive business as a secured asset.

Owner’s duties. The owner of a hire and drive vessel must not allow the vessel to be hired out unless he holds a current licence, the vessel is registered, and a registration plate or identification mark is displayed (clause 3.1.1). Before a vessel is first used, the owner must apply for a licence and pay the fee (clause 3.1.2(1)). The owner must comply with any conditions attached to the licence, which may include requirements for rescue craft, surveillance, survey, life jackets, and a register book. The owner must also ensure the equipment required by clause 2.2 of the Code is on board and secured (clause 2.4.2). The owner must not knowingly permit a person under 17 to drive a vessel capable of over 12 knots, unless the driver is at least 14 and accompanied by a 21-year-old (clause 4.3.2(b) read with 4.3.3). The owner must report in writing to the Authority any accident or damage affecting seaworthiness, or any death or injury to a person (clause 3.13.1 as modified). If the owner is convicted of an offence related to vessel hire, the Authority may suspend or cancel the licence (clause 3.1.5).

Owner’s rights. The owner has the right to apply for a licence and, upon approval, to use vessels for hire. The owner may apply for a transfer of an existing licence when acquiring an operation (clause 3.1.2(3)). The owner may also apply for variation of licence conditions on payment of a $100 fee (clause 3.1.3(m)). The owner may choose to mark the vessel with identification numbers instead of affixing a registration plate, if the Authority so directs (clause 3.3.2). There is a right to be heard before a licence is suspended or cancelled only indirectly through the conviction process; the Regulations do not provide a separate appeal mechanism on the face of the text.

Hirer’s duties. The hirer of a hire and drive vessel must at all times keep the required equipment on board and, if necessary, secured to the vessel. On demand by an authorised person, the hirer must produce the equipment for inspection (clause 2.4.3). The hirer must not knowingly permit a person under 17 to drive a vessel over 12 knots (clause 4.3.2(b)). The hirer may be the person driving, in which case the age restrictions apply directly.

Hirer’s rights. The hirer has a right to hire a vessel that is properly licensed and equipped. There is no express right to a refund or compensation if the vessel is not compliant, as the Regulations focus on criminal penalties rather than consumer protections.

Authorised persons. An authorised person (presumably a marine inspector or police officer) has the right to demand production of equipment from the hirer (clause 2.4.3). The Authority has broad discretion to impose conditions and to suspend or cancel licences on conviction.

The Regulations prescribe fixed monetary penalties, not penalty units. The penalties are:

• $500 for an owner who allows hiring out without required equipment (clause 2.4.1).
• $500 for an owner who allows hiring out without equipment on board (clause 2.4.2).
• $500 for a hirer who fails to keep equipment on board or produce it on demand (clause 2.4.3).
• $500 for failure to affix registration plate or equivalent (clause 3.4.1).
• $500 for failure to comply with a direction to mark the vessel, or failure to maintain markings (clause 3.4.2).
• $500 for using a vessel without current registration or survey certificate (clause 3.11.1 as modified, read with added penalty).
• $500 for failure to keep a register book if required as a condition (clause 4.2.2 penalty inserted).
• $500 for failure to have an owner’s manual or information on board (clause 4.3.1(b) penalty inserted).
• $300 for a person under 17 driving a vessel over 12 knots, or for an owner or hirer knowingly permitting it (clause 4.3.2).
• $500 for failure to report accidents (clause 3.13.2 penalty inserted).

These penalties have not been updated in nominal terms since at least the 1990s. The 2008 amendments and later amendments did not increase penalty amounts. This means the real value of the penalties has eroded significantly due to inflation, potentially reducing the deterrent effect. For a commercial operator grossing hundreds of dollars per day from hire operations, a $500 fine may be seen as a minor cost of doing business.

Enforcement is through the Authority, which can suspend or cancel a licence if the holder is convicted of an offence related to the hire of vessels (clause 3.1.5). This is a significant power: a single conviction could lead to revocation of the licence, effectively shutting down the business. However, the provision requires a conviction, not just a breach. The Authority does not have power to impose monetary penalties directly; it must rely on prosecution in a court.

The Regulations do not create any infringement notice scheme or on-the-spot fines. Enforcement likely requires laying charges before a magistrate. The low penalty amounts may make prosecution uneconomical for the state, leading to under-enforcement.

Western Australian Marine Act 1982. The Regulations are made under this Act. Regulation 4 incorporates Section 18 of the Uniform Shipping Laws Code, which is referred to in section 115 of the Act. The Regulations extend and apply the Code to hire and drive vessels. The Act itself provides the framework for marine safety, and the Regulations create specific offences for hire vessels. Section 55 of the Act, referenced in clause 3.1.4, makes failure to comply with licence conditions an offence under the Act. The Regulations do not replicate the Act’s penalty provisions; they add their own penalty amounts.

Uniform Shipping Laws Code. The Code is a national standard for vessel construction, safety equipment, and operations. The Regulations incorporate Section 18 (which pertains to hire and drive vessels) as at 1 October 2009. This fixation date means subsequent amendments to the Code after that date are not automatically applied to the Regulations. An operator must check the 2009 version of the Code for equipment requirements, as the Regulations do not list them. The Regulations modify many clauses of Section 18, so the Code must be read as modified.

Personal Property Securities Act 2009 (Cth). Regulation 5 declares that a licence issued to an owner of a hire and drive vessel is not personal property for the purposes of that Act, even if it is transferable. This is an express exclusion under section 10 paragraph (d) of the PPSA, which allows state legislation to declare that a licence is not personal property. The effect is that a hire and drive licence cannot be used as security under the PPSA. This may affect a business seeking to raise finance using its licence as an asset. The Regulation was inserted in 2012, reflecting a policy choice to keep marine hire licences outside the Commonwealth personal property securities regime.

Other state and Commonwealth laws. The Regulations do not address interactions with occupational health and safety laws, consumer protection laws, or local government by-laws. Operators must also comply with those. For example, a houseboat hire may need approval under local planning laws. The Regulations condition licences on approval from the authority responsible for the land above high water (clause 3.1.3(a)), effectively incorporating local government consent. There is no interaction with the Navigation Act 2012 (Cth) for hire vessels operating in coastal waters, as that Act generally applies to commercial trading vessels, not small hire vessels.

The Regulations commenced on 1 July 1983. They have been amended many times, as shown in the compilation table. The key structural amendments include the 2009 amendment (Gazette 11 Dec 2009) which inserted the current definitions of “Authority” and “Code”, fixing the Code version to 1 October 2009. Before that, the definition may have incorporated the Code as in force from time to time. This change had the effect of freezing the applicable Code requirements, meaning they have not been updated since 2009 even if the Code has changed.

The fees have been updated through annual or biennial amendments up to 2013. The initial licence fee of $529.60 and renewal fee of $55 were set at some point (the text does not specify the exact year of the last fee change, but the compilations show fee adjustments in many years). The transfer fee of $260 and variation fee of $100 were also set. No fee amendments appear after 2013 in the provided compilation; the latest amendment listed is 28 June 2013. This suggests the fees may be stagnant for over a decade.

Regulation 5 was inserted by the W.A. Marine (Hire and Drive Vessels) Amendment Regulations 2012 (Gazette 14 Feb 2012) to address the PPSA interaction. This was a proactive measure to ensure the licence remained outside the Commonwealth security regime.

Other amendments changed penalty amounts (e.g., the 2008 amendments introduced the $500 penalties for equipment and registration breaches). Earlier amendments in the 1990s adjusted fees. The Regulations have not been subject to a major overhaul since the 2009 amendments, meaning they reflect a regulatory approach from the 1980s with periodic fee and penalty tweaks.

The source text does not mention any cases. The Regulations have been in force since 1983, but there is no reference to litigation in the compilation table or notes. This may be because the penalty amounts are low, so disputes are rarely litigated. The main enforcement mechanism is the suspension or cancellation of licences on conviction under clause 3.1.5, which could generate administrative law challenges, but such cases are not cited.

Potential litigation could arise from disputes over the interpretation of “hire and drive vessel” or whether a particular craft falls within the definition. The modified Code definitions for “houseboat” and the inclusion of paddle boats could be contentious. A person operating a vessel that they argue is not a hire and drive vessel might challenge a penalty. However, without case law references, the litigation history is unknown.

The Regulation 5 declaration about the PPSA could be challenged if a creditor argues the licence is personal property despite the declaration; but the Commonwealth Act expressly permits such declarations, so the state regulation likely prevails.

Given the low penalties and clear wording, it is plausible that most compliance is achieved through administrative means rather than court proceedings. The Authority may use its power to suspend licences rather than prosecute, reducing court involvement.

Frozen Code version. The definition of “Code” in regulation 3(1) refers to the Uniform Shipping Laws Code “as in existence on 1 October 2009”. This means any later amendments to the Code that improve safety or introduce new equipment requirements are not automatically picked up. Operators relying on the Code as updated for their broader fleet may not be aware that hire and drive vessels must comply with the 2009 version only. This could create a gap if more recent Code requirements are mandatory for other vessels but not for hire and drive vessels.

Fixed penalty amounts. The $500 and $300 penalties have not been updated since they were set, likely in the 1990s. These amounts are not expressed in penalty units, so they are not automatically adjusted for inflation. A $500 fine in 1995 dollars is worth about $1,000 in 2025 dollars. This may be a trap for unwary prosecutors who might assume the penalty is current, but it is the figure in the Regulations.

Non-refundable initial fee. The $529.60 fee for an initial licence is not refundable even if the application is not approved. This is a sunk cost for any applicant whose application is refused. The Authority has discretion to issue a licence, so a refused applicant loses the fee with no redress in the Regulations.

Age restriction loophole. The age restriction for vessels over 12 knots applies only to “mechanically propelled vessel[s] capable of or designed for a speed in excess of 12 knots”. A vessel that is mechanically propelled but has a design speed under 12 knots is not caught. Also, the exception for persons aged 14-16 when accompanied by a person at least 21 is broad. The accompanying person need not be a licensed boat operator, only at least 21. This could allow inexperienced companions to supervise juveniles.

Transfer of licence restrictions. A person acquiring an existing hire and drive operation can transfer the licence only if they operate “from the same location” and comply with all existing conditions. This means the licence is tied to the location; you cannot move the business without reapplying. This could catch a buyer who purchases the business and wants to relocate, forcing them to pay the full initial fee and undergo a fresh application.

Registration plate or marking. The Authority may direct the owner to paint or mark identification numbers instead of affixing a plate. However, the owner must maintain these markings in clear and legible condition, with a $500 penalty. If markings fade or are damaged, the owner commits an offence even if the plate is still there (since the direction requires the marking). This is a trap if the direction is not explicitly noted or if the owner later changes painting.

No appeal mechanism. The Regulations do not provide an internal review or appeal to a tribunal or court against the Authority’s decisions to refuse a licence, impose conditions, or suspend or cancel a licence. The only safeguard is that cancellation can only follow a conviction. For refusal, there is no stated right of review, though judicial review in the Supreme Court may be available.

Step 1: Determine if vessel is a hire and drive vessel. The Regulations apply to any vessel hired out for recreational use, including paddle boats, small runabouts, and houseboats. If the vessel is normally employed in carrying goods or passengers for reward and is temporarily used for hiring, it may be excluded (see houseboat definition). Seek legal advice if unsure.

Step 2: Obtain an owner’s licence. Before allowing any vessel to be hired out, the owner must apply to the Authority (the chief executive officer) for a licence. The application must be in writing (the Regulations do not specify a form) and accompanied by the fee of $529.60. This fee is non-refundable. The Authority may issue the licence with conditions. The licence is valid for one year.

Step 3: Renew the licence annually. Before the licence expires, pay the renewal fee of $55. The Regulations do not state a deadline, but failure to renew would make the licence invalid, and further hiring out would be an offence.

Step 4: Register each vessel. Each hire and drive vessel must have current registration issued by the Authority. The owner must apply for registration (separate from the licence). The Regulations do not specify a registration fee; check with the Authority. The owner must affix a registration plate in a conspicuous position, unless the Authority directs otherwise. If directed, paint or mark the vessel with an identification number, maximum persons, and the word “HIRE”. Maintain these markings in clear and legible condition.

Step 5: Comply with equipment requirements. Obtain Section 18 of the Uniform Shipping Laws Code as at 1 October 2009. Ensure each vessel carries the equipment specified in clause 2.2 of that Code (e.g., life jackets, fire extinguishers, anchors, etc.). Secure equipment to the vessel if necessary. The owner must not allow hiring unless equipment is on board. The hirer must keep it on board and produce it on demand.

Step 6: Comply with licence conditions. The Authority may impose conditions such as operating limits, supervision requirements, rescue craft availability, survey fees, life jacket provision, and a register book. Ensure all conditions are met. If you need to vary a condition, apply to the Authority and pay the $100 variation fee.

Step 7: Keep a register book (if required). If the licence condition requires it, the owner must keep a register book as specified in clause 4.1. The Regulations do not detail the content; refer to the Code or the Authority’s standard conditions.

Step 8: Enforce age restrictions. Do not allow any person under 17 to operate a mechanically propelled vessel capable of over 12 knots, unless the operator is at least 14 and accompanied by a person at least 21. The owner must take reasonable steps to verify age and speed capability. The hirer must also be aware of this restriction.

Step 9: Report accidents. As soon as practicable after any accident or damage affecting seaworthiness, or any death or injury to a person, the owner must report in writing to the Authority. The Regulations do not specify a timeframe, but prompt reporting is advisable.

Step 10: Transfer or variation. If acquiring an existing hire and drive operation, apply for transfer of the licence within the existing location, paying the $260 transfer fee. If you move location, you may need a new licence.

Step 11: Monitor compliance. Ensure all staff and hirers understand their duties. Keep records of equipment checks, registrations, and licence renewals. Document compliance with reporting requirements.

Step 12: Review the frozen Code. Because the Code version is fixed to 2009, periodically check whether the Authority has issued any guidance or directions that update safety expectations, even if not legally binding. Consider following later Code versions as best practice to reduce risk of accidents and liability.

A structured compliance checklist, audit of vessel equipment, and regular liaison with the Authority will reduce the risk of penalties and licence suspension. The low fixed penalties mean the main deterrent is potential licence revocation on conviction, so compliance is essential for business continuity.