This Act gives inspectors, authorised officers and police wide powers to board, inspect, test and seize vessels, premises and electronic data, and creates detailed criminal and regulatory offences for dangerous navigation, alcohol/drug‑impaired operation and related incidents. It also sets mandatory testing procedures, tiered penalties and disqualification periods, technical standards for lights/sounds/distress signals, and rules for information sharing and confidentiality. It affects vessel masters, owners, operators, passengers and businesses using State waters, and matters because it determines who pays penalties/costs, how evidence is collected, and what conduct is criminalised or regulated.
The Western Australian Marine Act 1982 (the Act) is the principal statute regulating navigation, safety, and related activities in State waters. Its long title states it is "An Act to regulate navigation of, and to provide for the safe use of, waters in or relating to the State, and for related purposes" (inserted by No. 24 of 2023 s. 37). It applies to vessels in State waters and vessels connected with the State (s. 3A(1)), with State waters defined to include the territorial sea, coastal waters, and internal waters (s. 3(1)).
The Act is divided into ten Parts. Part 1 contains preliminary provisions, including over 50 defined terms (s. 3(1)), application to Crown and exclusion of naval vessels (ss. 4–5), and the relationship with the Domestic Commercial Vessel National Law (s. 3B, inserted by No. 24 of 2023 s. 40), which prevails in case of inconsistency.
Part 2 (inserted by No. 24 of 2023 s. 42) confers extensive powers on inspectors. Subdivision 1 allows warrantless boarding of vessels (s. 7), questioning of masters (s. 8), search, inspection, sampling, and seizure (ss. 9–11). Subdivision 2 requires consent or warrant for premises (ss. 12–17). Subdivision 4 (inserted by No. 31 of 2023 s. 7) provides for orders to produce business records (ss. 18A–18H). Division 3 allows directions (s. 19) and improvement notices (ss. 22–23). Division 4 contains procedural safeguards for entry, warrants, securing things, and seizure (ss. 24–42). These powers are grounded in the purpose of determining compliance and protecting safety and the environment.
Part 3 addresses core marine powers and duties. It includes powers to stop and search vessels (s. 57), inspect logs (s. 58), detain unsafe pleasure or prescribed vessels (ss. 58B, 61–63C, inserted by No. 24 of 2023 s. 49), and duties following marine incidents (ss. 64–64D, with crimes for failure to stand by or report where death or grievous bodily harm occurs – ss. 64A(2), 64B(3A)). It regulates mooring, closure of waters, speed limits, and offences such as unlawful control (s. 60) and being on board unlawfully (s. 70).
Current sections
Direct links to the current provisions in Western Australian Marine Act 1982.
29
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
3A. Vessels and crew to which Act applies 8
3B. Relationship to Domestic Commercial Vessel National Law 9
Act not to apply to naval ships etc. 9
Application to Crown 9
Part 2
Powers of inspectors
Part 2 — Powers of inspectors
Terms used 10
Div 2
General powers
Division 2 — General powers
Subdiv 1
Powers relating to vessels, exercisable without consent or warrant
Subdivision 1 — Powers relating to vessels, exercisable without consent or warrant
Boarding vessels 11
Requiring master of vessel to answer questions about vessel’s nature or operations 12
Powers in relation to vessels 12
Failing to comply with certain requirements under s. 9 14
Sampling, securing or seizing things found 15
Subdiv 2
Powers relating to premises, exercisable with consent or under warrant
Subdivision 2 — Powers relating to premises, exercisable with consent or under warrant
Entering premises 16
Powers of inspectors in relation to premises 17
Enforcement powers 19
Failing to comply with certain requirements of inspectors 21
Using force in executing warrant 22
Relationship with Subdivision 1 22
Subdiv 3
Requiring certain documents under Act to be produced for inspection
Subdivision 3 — Requiring certain documents under Act to be produced for inspection
Requiring certain documents to be produced for inspection 22
Subdiv 4
Obtaining business records
Subdivision 4 — Obtaining business records
18A. Terms used 23
18B. Application of this Subdivision 23
18C. Application for order to produce 23
18D. Issue of order to produce 24
18E. Order to produce applied for remotely 25
18F. Service of order to produce 26
18G. Effect of order to produce 26
18H. Powers in relation to order to produce 26
Div 3
Directions and improvement notices
Division 3 — Directions and improvement notices
Power to give directions 27
Directions under s. 19: procedural details 28
Directions under s. 19: inspector may remedy failure to comply 28
Improvement notices 29
Improvement notices given in relation to vessels 30
Div 4
General provisions relating to powers under Part
Division 4 — General provisions relating to powers under Part
Subdivision 1 — General matters concerning entry and exercise of powers
Consent to entry 31
Premises with 2 or more occupiers 32
Subdivision 2 — Warrants
Warrants 32
Warrants applied for remotely 33
Entry under warrant: rights of occupier 33
Inspector must be in possession of warrant 35
Occupier entitled to observe execution of warrant 35
Occupier to provide inspector with facilities and assistance 35
Execution of warrant 36
Completing execution of warrant after temporary cessation 36
Completing execution of warrant stopped by court order 37
Subdivision 3 — Securing things
Electronic equipment may be secured pending expert assistance to operate it 37
Extending period for which something is secured 38
Interfering with securing of things 39
Subdivision 4 — Seizing and detaining things
Copies of seized things to be provided 39
Receipts for seized things 40
Return of seized things 40
Judicial officer may permit seized things to be retained 41
Forfeiture and disposal of seized things 42
Part 3
Marine powers and duties
Part 3 — Marine powers and duties
General powers to stop and search vessels 44
Power to inspect logs and muster crew 45
58A. Compensation in respect of false distress signals 45
58B. Unsafe pleasure or prescribed vessels not to be operated 46
Penalty for unlawfully assuming control 47
Power to detain unsafe pleasure or prescribed vessels 47
Detained vessels: unauthorised operation 48
Detained vessels: inspection 49
63A. Detained vessels: return 50
63B. Detained vessels: forfeiture and disposal 51
63C. SAT review of decision to detain vessel or forfeiture declaration 52
Marine incidents: terms used 52
64A. Marine incidents: duties 53
64B. Marine incidents: reporting 54
64C. Marine incidents: preserving evidence 56
64D. Marine incidents: power to require responsible person to give information 57
Mooring licences 58
Closure of waters 58
Limiting speed of vessels 59
Speed measuring equipment 60
Offences relating to hatches 61
Offence of being on board vessel unlawfully 61
Part 3A
Safe navigation of vessels, and alcohol and drug related offences
Part 3A — Safe navigation of vessels, and alcohol and drug related offences
75A. Terms used 63
75AA. When individual operates or navigates vessel 63
75AB. When vessel is involved in incident 64
75AC. Person taken to be in command or charge of vessel for purposes of Parts 3A and 3B 64
75AD. Person is incapable of having proper control of vessel 65
75AE. Person with BAC of 0.15 or above taken to be incapable of proper control 66
75AF. Circumstances of aggravation 66
Division 2 — Safe navigation of vessels and alcohol and drug related offences
Subdivision 1 — Dangerous navigation of vessels occasioning death, grievous bodily harm or bodily harm
75B. Dangerous navigation of vessel occasioning death 67
75BA. Dangerous navigation of vessel occasioning grievous bodily harm 69
75BB. Dangerous navigation of vessel occasioning bodily harm 71
75BC. Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm 74
Subdivision 2 — Reckless, dangerous and careless navigation of vessels
75BD. Reckless navigation of vessel 74
75BE. Dangerous navigation of vessel 76
75BF. Careless navigation of vessel 77
Subdivision 3 — Provisions relating to offences in Subdivisions 1 and 2
75BI. Provisions for offences involving incidents occasioning death, grievous bodily harm or bodily harm 79
75BJ. Defence: death or harm not attributable to alcohol or drugs 80
75BK. Defence: death or harm not attributable to manner of operation or level of care and attention 80
75BL. Defence: inspector or police officer navigating vessel in certain circumstances 81
Division 3 — Navigation of vessels while under the influence of alcohol or drugs or impaired by drugs
75C. Navigation of vessel while under influence of alcohol or drugs 81
75CA. Navigation of vessel while under influence of both alcohol and drugs 85
75CB. Defence: under influence of drug prescribed or administered for therapeutic reasons 88
75CC. Master must not permit person under influence of alcohol or drugs or both to operate vessel 89
75CD. Navigation of vessel while impaired by drugs 89
75CE. When person may be convicted of navigation of vessel while impaired by drugs offence 91
75CF. Defence: impaired by drug prescribed or administered for therapeutic reasons 92
75CG. Rights of person charged with particular offences 92
Division 4 — Navigation of vessels with particular BAC or prescribed illicit drug present
75D. Navigation of vessel while BAC is 0.05 or above 93
75DA. Navigation of vessel while BAC is 0.08 or above 96
75DB. Navigation of vessel while prescribed illicit drug present 98
75DC. Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present 99
75DD. Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present 102
75DE. Mistaken belief about prescribed illicit drug is not defence 105
Part 3B
Testing for alcohol and drugs
Part 3B — Testing for alcohol and drugs
75E. Terms used 107
75EA. Authorised operators for operating breath analysing equipment 109
75EB. Authorised drug testers for operating drug testing devices 109
75EC. Using breath sample to work out BAC 110
75ED. Powers additional to other powers 110
Division 2 — Testing for alcohol
Subdivision 1 — Preliminary breath tests
75EE. General power to require breath sample for preliminary breath test 111
75EF. Power to require breath sample for preliminary breath test following incident 111
75EG. Compliance with requirement 112
Subdivision 2 — Breath analysis or blood samples following preliminary breath test or commission of certain offences
75EH. Power to require breath or blood sample following requirement for preliminary breath test 112
75EI. Power to require breath or blood sample for analysis following commission of certain offences 113
75EJ. Compliance with requirement 114
75EK. Further sample of breath for breath analysis 115
75EL. When inspector or police officer must not impose testing requirement because of physical incapacity 115
75EM. Breath analysis indicates BAC of 0.05 or above 115
Subdivision 3 — Blood samples in other circumstances including following serious incident
75EN. Power to require blood sample in other circumstances 116
75EO. Power to require blood sample following incident occasioning death or serious bodily harm 117
75EP. When inspector or police officer must not require blood sample to be taken 118
75EQ. Compliance with requirement 118
Division 3 — Testing for drugs
Subdivision 1 — Preliminary oral fluid tests
75F. General power to require oral fluid sample for preliminary oral fluid test 119
75FA. Powers to require oral fluid samples for preliminary oral fluid tests 119
75FB. Compliance with requirement 120
Subdivision 2 — Drug testing and blood samples
75FC. Power to require oral fluid sample for drug testing following preliminary oral fluid test 120
75FD. Further sample of oral fluid for drug testing 121
75FE. When inspector or police officer must not impose testing requirement because of physical incapacity 122
75FF. Power to require blood sample instead of oral fluid sample 122
75FG. Compliance with requirement 123
Subdivision 3 — Assessment of drug impairment and related provisions
75FH. Assessments of drug impairment 123
75FI. When inspector or police officer must not impose testing requirement because of physical incapacity 124
75FJ. Power to require blood samples for drug analysis 124
75FK. Compliance with requirement 125
Division 4 — Enforcement powers relating to testing for alcohol and drugs
75G. Requirement to leave vessel, accompany inspector or police officer to place or wait at place 126
75GA. Requirement to stop vessel or navigate to suitable location 127
75GB. Power to board and move vessel 128
75GC. Power to prevent use of vessel by alleged offender 128
75GD. Compliance with requirement 130
75GE. Return of keys to vessel 131
75GF. Prohibiting person from navigating vessel for 24 hours if prescribed illicit drug present 131
75GG. Requirements for prohibition notice 133
Div 5
Failure to comply with alcohol or drug testing requirements
Division 5 — Failure to comply with alcohol or drug testing requirements
Subdivision 1 — General offences relating to failure to comply with alcohol or drug testing requirements
75H. Failure to comply with requirement: preliminary breath test, preliminary oral fluid test or boarding or moving vessel 133
75HA. Defence: compliance with later requirement 135
75HB. Failure to comply with requirement: breath analysis, blood sample or stop vessel or navigate to specified place 136
75HC. Failure to comply with requirement: incident occasioning death, grievous bodily harm or bodily harm 139
75HD. Failure to comply with requirement: oral fluid sample for drug testing or blood sample 140
75HE. Failure to comply with requirements relating to assessment of drug impairment 142
Subdivision 2 — Failure to comply with drug testing requirements in circumstances relating to person’s BAC
75HF. Term used: drug testing requirement 144
75HG. Failure to comply with drug testing requirement: BAC of 0.05 or above 144
75HH. Failure to comply with drug testing requirement: BAC of 0.08 or above 147
75HI. Failure to comply with drug testing requirement: BAC of 0.15 or above 151
Subdivision 3 — Defence for failing to comply with alcohol or drug testing requirement
75HJ. Substantial reasons for failing to comply with requirements or later providing certain samples 154
Div 6
General provisions relating to alcohol and drug testing
Division 6 — General provisions relating to alcohol and drug testing
75I. Responsibility to facilitate medical assistance 155
75IA. When inspector or police officer must not impose testing requirement because of passage of time 155
75IB. Taking of oral fluid samples for oral fluid analysis 156
75IC. Authorisation for prescribed sample takers authorised to take blood samples 156
75ID. Authorisation to take blood samples when person deceased 157
75IE. Taking blood samples for analysis 158
75IF. Oral fluid and blood samples delivered to Chemistry Centre (WA) 159
75IG. Samples of oral fluid or blood not to be used to obtain DNA profile 160
Div 7
Administrative matters
Division 7 — Administrative matters
75J. Regulations relating to alcohol and drug testing and other matters 160
75JA. Minister may approve alcohol and drug testing devices 161
75JB. Delegation by Commissioner of Police 161
Part 4
International Conventions
Part 4 — International Conventions
Div 1
General
Division 1 — General
Terms used 163
Regulations under this Part 164
Regulations giving effect to Conventions: discretion of Governor and Minister 165
Division 2 — Prevention of Collisions Convention
Regulations giving effect to Prevention of Collisions Convention 166
Division 3 — Container Convention
Regulations giving effect to Container Convention 166
Safety requirements and tests not required or permitted by the Container Convention not to be imposed 167
Division 4 — Limitation Convention and limitation provisions
Interpretation 167
Application 167
Provisions of Limitation Convention having force of law 168
Limitation in relation to non‑seagoing ferries 169
Application to determine liability 169
Regulations giving effect to Limitation Convention 170
Ship owner not to be liable in certain cases of loss of, or damage to, goods 171
Ship owner not entitled to limit liability in respect of claims by crew etc. 171
Division 5 — Safety Convention
Regulations giving effect to Safety Convention 172
Part 5
Carriage of dangerous goods
Part 5 — Carriage of dangerous goods
Restriction on carriage of dangerous goods 174
Penalty for misdescription of goods and sender 174
Powers of owner or master as to dangerous goods 175
Forfeiture of dangerous goods 175
Minister may prohibit carriage of cargo 176
Regulations as to dangerous goods 176
Explosives on passenger vessels 177
Part 6
Pleasure vessels and prescribed vessels
Part 6 — Pleasure vessels and prescribed vessels
Regulations in respect of pleasure vessels and prescribed vessels 178
Part 7
Seaplanes
Part 7 — Seaplanes
Certain provisions of Act and regulations apply to seaplanes 181
Part 8
Supplementary and administrative provisions
Part 8 — Supplementary and administrative provisions
Division 1 — Information protection, disclosure and exchange
Terms used 182
Protection of information 185
Exchange of information between chief executive officer and Commissioner of Police 186
Exchange of information between chief executive officer and other authorities 187
Disclosure of information to prescribed persons for authorised purposes 189
Disclosure of incident information 190
Disclosure by means of automated system 191
Division 2 — Regulations
Powers in relation to regulations 191
Regulations may adopt codes etc. 197
Division 3 — Exemptions and equivalents
115A. Exemptions and equivalents 198
Division 4 — Inspectors and authorised persons
Designation 200
Identity cards 200
118A. Proof of authority 201
118B. Persons assisting inspectors and authorised persons 201
Division 5 — Certain offences
Penalty for obstruction 202
Penalty for false declarations etc. 202
120A. Inspector may request details 202
Offences in connection with certificates, licences etc. 203
Division 6 — Liability
Liability of chief executive officer and owner for costs and compensation in relation to detained vessels 204
No liability for certain acts and omissions 205
Division 7 — Administration
Delegation by Minister 205
124A. Delegation by chief executive officer 206
124B. Agreement for performance of chief executive officer’s functions 206
Div 8
Miscellaneous
Division 8 — Miscellaneous
124C. Giving notices, orders, directions and other documents 207
124D. Fixing notices, orders, directions and other documents on or near vessels 208
124E. Making certain things publicly available 209
124F. Application of Criminal and Found Property Disposal Act 2006 209
124FA. Approved forms 209
Part 8A
Disqualification from holding or obtaining WA marine qualification
Part 8A — Disqualification from holding or obtaining WA marine qualification
124G. Terms used 210
Division 2 — Disqualification notices
124GA. Disqualification by inspector or police officer 210
124GB. Requirements for disqualification notice 212
124GC. Limitation on giving disqualification notice 213
124GD. Period of disqualification under disqualification notice 213
124GE. Amendment of disqualification notice 213
124GF. Particulars of disqualification notice given to chief executive officer 213
124GG. Revocation of disqualification notice by inspector or police officer 214
124GH. Court may order revocation of disqualification notice 214
124GI. Disqualification notice automatically revoked on acquittal or dismissal of charge 215
124GJ. Period of disqualification under disqualification notice to be taken into account in sentencing 216
Division 3 — Provisions relating to disqualification orders by court
124GK. Application of Division 216
124GL. Notifying chief executive officer of disqualification order 216
124GM. Removal of disqualification 217
124GN. Removal of disqualification: additional provisions 218
124GO. Notifying chief executive officer of disqualification order 218
Division 4 — Effect of disqualifications and other matters
124GP. Effect of disqualification 218
124GQ. Other effects of disqualification 219
124GR. Calculating period of disqualification 219
124GS. Navigating certain vessels when disqualified from holding or obtaining WA marine qualification 220
Part 9 — Legal proceedings
Division 1 — Evidentiary provisions for alcohol‑related offences and drug‑related offences
Subdivision 1 — Preliminary
124H. Terms used 222
124HA. Certificate is evidence of stated facts 223
124HB. No limit on other evidence in proceedings 223
Subdivision 2 — Evidence in proceedings for alcohol‑related offences
124HC. Alcohol‑related offence and material time 224
124HD. Evidence in proceeding for alcohol‑related offence 225
124HE. Evidence of authorised operator of breath analysing equipment 226
124HF. Certificate of authorised operator of breath analysing equipment 226
124HG. Certificate of analyst relating to analysis of blood sample for alcohol 227
124HH. Proof of person’s BAC for certain offences 228
Subdivision 3 — Evidence in proceedings for drug‑related offences
124HI. Drug‑related offence and material time 229
124HJ. Evidence in proceedings for drug‑related offences 230
124HK. Certificate of authorised drug tester 231
124HL. Certificate of drugs analyst relating to analysis of oral fluid or blood sample for drugs 232
124HM. Certificate of approved expert relating to usual effect of particular drugs 232
124HN. Certificate of inspector or police officer 233
124HO. Proof of presence of drugs 233
Subdivision 4 — Other evidentiary provisions
124HP. Certificate of chief executive officer, Commissioner of Police or CEO of Chemistry Centre (WA) 234
124HQ. Certificate of technologist who prepared sampling equipment 235
124HR. Certificate of prescribed sample taker 236
124HS. Evidence of delivery of blood or oral fluid samples 237
124HT. Procedural requirements for admissibility of particular certificate evidence 237
124HU. Evidence relating to preliminary oral fluid test, drug testing and preliminary breath test admissible in certain proceedings with consent 238
Division 2 — Provisions relating to sentencing for dangerous navigation and alcohol and drug related offences
124I. Term used: young person 240
124IA. Limitation on period for which previous offences taken into account 240
124IB. Sentencing for particular offences: option for community based order or youth community based order 241
124IC. Sentencing for particular offences if community based order or intensive supervision order imposed 242
124ID. Pre‑sentence report required for sentencing for navigation while impaired by drugs 244
124IE. Sentencing for first offence of navigation while impaired by drugs or failure to comply with drug impairment assessment 244
124IF. Sentencing for second or subsequent offence of navigation while impaired by drugs or failure to comply with drug impairment assessment 245
124IG. Mandatory disqualification 246
124IH. Minimum fines 247
Division 3 — General matters
Evidence of documents and proof of signature 247
125A. Limitation period for prosecutions 247
Admissibility of documents in evidence 248
Service of summons and process 248
Averments relating to vessels 249
Averment relating to qualifications of crew 249
Place where act committed 250
Proceedings by way of infringement notice 250
Onus on owner to identify person in charge of vessel 253
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Western Australian Marine Act 1982
Western Australia
Western Australian Marine Act 1982
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
3A. Vessels and crew to which Act applies 8
3B. Relationship to Domestic Commercial Vessel National Law 9
Act not to apply to naval ships etc. 9
Application to Crown 9
Part 2 — Powers of inspectors
Division 1 — Preliminary
Terms used 10
Division 2 — General powers
Subdivision 1 — Powers relating to vessels, exercisable without consent or warrant
Boarding vessels 11
Requiring master of vessel to answer questions about vessel’s nature or operations 12
Powers in relation to vessels 12
Failing to comply with certain requirements under s. 9 14
Sampling, securing or seizing things found 15
Subdivision 2 — Powers relating to premises, exercisable with consent or under warrant
Entering premises 16
Powers of inspectors in relation to premises 17
Enforcement powers 19
Failing to comply with certain requirements of inspectors 21
Using force in executing warrant 22
Relationship with Subdivision 1 22
Subdivision 3 — Requiring certain documents under Act to be produced for inspection
Requiring certain documents to be produced for inspection 22
Subdivision 4 — Obtaining business records
18A. Terms used 23
18B. Application of this Subdivision 23
18C. Application for order to produce 23
18D. Issue of order to produce 24
18E. Order to produce applied for remotely 25
18F. Service of order to produce 26
Parts 3A and 3B (inserted by No. 31 of 2023 ss. 14 and 15) create a detailed regime for safe navigation and alcohol/drug offences, closely modelled on the Road Traffic Act 1974. Part 3A defines key concepts (ss. 75A–75AF), creates offences for dangerous, reckless, or careless navigation (ss. 75B–75BF), navigation under influence (ss. 75C–75CC), and navigation with prescribed BAC or illicit drugs (ss. 75D–75DE). Defences are provided (ss. 75BJ–75BL, 75CB, 75CF, 75HJ). Part 3B sets out testing powers (preliminary breath/oral fluid tests, blood samples, impairment assessments – ss. 75EE–75FJ), enforcement (ss. 75G–75GC), offences for non-compliance (ss. 75H–75HI), and evidentiary rules (ss. 75I–75J). Sentencing principles, including mandatory disqualification and minimum fines, are in Part 9 Division 2 (ss. 124I–124IH).
Part 4 gives effect to international conventions (Prevention of Collisions, Container, Limitation, and Safety Conventions – ss. 76–90, with Schedules 1–5). Regulations may implement them (ss. 77–79, 80, 87, 90). The Limitation Convention provisions apply to certain non-seagoing vessels with modifications (ss. 82–89).
Part 5 controls dangerous goods (ss. 91–97), prohibiting carriage without marking and notice (s. 91), with powers to refuse, throw overboard, or forfeit (ss. 93–94). Part 6 allows regulations for pleasure and prescribed vessels (s. 99, inserted by No. 24 of 2023 s. 69). Part 7 applies certain provisions to seaplanes (s. 100, inserted by No. 24 of 2023 s. 70).
Part 8 contains supplementary provisions on information protection and exchange (ss. 107–113, inserted by No. 24 of 2023 s. 72), regulations (ss. 114–115), exemptions (s. 115A, inserted by No. 35 of 1990 s. 15), inspectors (ss. 117–118B, inserted by No. 24 of 2023 s. 79), offences (ss. 119–121), liability (ss. 122–123), administration (ss. 124–124B), and miscellaneous matters (ss. 124C–124FA). Part 8A (inserted by No. 31 of 2023 s. 23) provides for disqualification notices (ss. 124GA–124GJ) and court orders (ss. 124GK–124GO), with effects on qualifications (ss. 124GP–124GS).
Part 9 contains evidentiary provisions for alcohol and drug offences (ss. 124H–124HU, inserted by No. 31 of 2023 s. 24), sentencing rules (ss. 124I–124IH), and general evidentiary and procedural matters (ss. 125–133). Part 10 deals with repeal and transitional provisions, including for the 2023 amendments (ss. 135–139, inserted by No. 24 of 2023 s. 99 and No. 31 of 2023 s. 27).
The Act thus creates a comprehensive framework for marine safety, enforcement, criminal offences, and international alignment. Every claim above is grounded directly in the cited sections of the provided text.
Who it affects
The Act has broad application. Under s. 3A(1), except where expressly provided otherwise, it applies to and in relation to:
any vessel in State waters; and
any vessel connected with the State (wherever it may be), other than a pleasure vessel or prescribed vessel while in the waters of another State or Territory.
A vessel is "connected with the State" if registered or required to be registered under the Act, registered under the Shipping Registration Act 1981 (Cth) with a home port in the State, owned by a person ordinarily resident or carrying on business in the State, or declared by regulation (s. 3A(2)). "Vessel" is defined broadly in s. 3(1) as any craft for use or capable of being used in navigation by water, including air-cushion vehicles, barges, personal watercraft, submersibles, and wing-in-ground effect craft (with regulations able to prescribe inclusions or exclusions).
It therefore affects:
Owners (defined in s. 3(1) to include any person exercising powers or duties of ownership, jointly or on behalf of another, and officers of bodies corporate). Owners are liable for costs of detention (s. 122), must ensure vessels are not unsafe (s. 58B(1)), report incidents (s. 64B), preserve evidence (s. 64C), and comply with regulations on pleasure and prescribed vessels (s. 99(1)).
Masters (the person in command or charge, excluding pilots – s. 3(1)). Masters have extensive duties: to facilitate boarding (s. 7(2)), answer questions (s. 8), comply with inspector requirements (s. 10), stand by and render assistance after incidents (s. 64A(1)), report marine incidents (s. 64B), not permit persons under influence to operate (s. 75CC), and preserve evidence (s. 64C). Failure can constitute crimes (ss. 64A(2), 64B(3A)).
Crew, pilots, and operators. The Act applies to crew (s. 3A(1)). Pilots are excluded from the master definition but are subject to navigation offences (s. 75AA). Operators of pleasure or prescribed vessels must ensure they are not unsafe (s. 58B(2)).
Persons navigating or in charge. New definitions in s. 75AA (inserted by No. 31 of 2023 s. 14) clarify when a person "operates" or "navigates" a vessel. Section 75AC deems certain persons (e.g. sole adult on board, owner with qualification) to be in command or charge for Parts 3A and 3B. Offences apply to anyone navigating while impaired, with BAC above limits, or failing tests (ss. 75B–75DD, 75H–75HI).
Inspectors and authorised persons. Designated under s. 117 (inserted by No. 24 of 2023 s. 79), they exercise the extensive powers in Part 2, conduct testing (Part 3B), issue disqualification notices (s. 124GA, inserted by No. 31 of 2023 s. 23), and are protected from liability (s. 123).
The Crown. The Act binds the Crown (s. 5).
Hirers of prescribed vessels. They must ensure vessels are not unsafe (s. 58B(2)).
The Act does not apply to naval vessels (s. 4). Domestic commercial vessels are primarily regulated under the national law, which prevails over this Act to the extent of inconsistency (s. 3B, inserted by No. 24 of 2023 s. 40). All claims in this section are taken directly from ss. 3, 3A, 3B, 4, 5, 58B, 64–64D, 75AA–75AC, 99, 117, 122, 123, and 124GA of the text.
Key duties and rights
The Act imposes numerous duties, balanced by rights and defences.
Duties:
Navigation and safety: No person may navigate a vessel while under the influence of alcohol or drugs to the extent of being incapable of proper control (s. 75C(1)), while BAC is 0.05 or above (s. 75D(1)), or while a prescribed illicit drug is present (s. 75DB(1)). More serious offences apply for dangerous navigation occasioning death, grievous bodily harm, or bodily harm (ss. 75B–75BB). Masters must stand by, render assistance, and exchange details after incidents (s. 64A(1)). Reporting duties apply where injury, death, or damage to seaworthiness occurs (s. 64B). Evidence must be preserved (s. 64C). Hatches must be secured (s. 69). Speed limits must be observed (s. 67(3)).
Compliance with inspectors: Masters must facilitate boarding (s. 7(2)), answer questions and produce documents (s. 8(1)), comply with requirements under s. 9 (penalty s. 10(1)), and allow blood or oral fluid samples (ss. 75EJ, 75EQ, 75FG, 75FK). Failure is an offence (ss. 10, 15, 75H–75HI). Obstruction is penalised (s. 119).
Incident and vessel duties: Marine incidents must be reported (s. 64B). Unsafe vessels must not be operated (s. 58B). Dangerous goods must be marked and notified (s. 91(1)). Owners and masters are liable for detention costs (s. 122(1)).
Qualifications and crewing: Regulations under s. 99(1) may prescribe qualifications, licensing, and crewing. Disqualified persons must not navigate certain vessels (s. 124GS(2)).
Information handling: Strict limits on recording, use, or disclosure of information obtained under the Act (s. 108(1)), with exceptions for official functions or court order.
Rights and defences:
Defences to navigation offences: Death or harm not attributable to alcohol/drugs (s. 75BJ), not attributable to manner of navigation or lack of care (s. 75BK), navigation by inspector/police in official duty (s. 75BL), therapeutic drug use (ss. 75CB, 75CF), substantial reasons for failing tests (s. 75HJ), and mistaken belief about illicit drugs is no defence (s. 75DE).
Evidentiary rights: Certificates are prima facie evidence (s. 124HA). Rights to independent blood analysis (s. 75CG). Onus on owner to identify person in charge only where prescribed (s. 133).
Review rights: SAT review of vessel detention or forfeiture (s. 63C). Court revocation of disqualification notices (s. 124GH). Removal of court-ordered disqualification (s. 124GM).
Exemptions and equivalents: Chief executive officer may grant exemptions or equivalents where compliance is unreasonable (s. 115A, inserted by No. 35 of 1990 s. 15).
All duties and rights above are cited directly from the listed sections. The Act balances strict liability elements (e.g. BAC offences) with targeted defences and procedural safeguards.
Penalties and enforcement
Penalties are graduated and often mandatory. Summary conviction penalties are common; some offences are crimes.
Navigation offences: Dangerous navigation occasioning death – 20 years' imprisonment and fine (s. 75B(1)). Occasioning grievous bodily harm – 14 years (s. 75BA(1)). Occasioning bodily harm – 10 years (s. 75BB(1)). Reckless navigation in aggravation – 5 years (s. 75BD(2)). Careless navigation occasioning harm – 3 years or $36,000 (s. 75BC(1)). Navigation under influence – first offence fine $2,050–$3,750 (higher with priors), second 9 months or $3,150–$5,250, subsequent 18 months or $3,150–$7,500 (s. 75C(1)). Similar escalating penalties for BAC and drug offences (ss. 75D–75DD). Mandatory disqualification applies (ss. 124IG, 75C(2), Table).
Testing non-compliance: Failure to provide preliminary sample or comply with boarding – first offence $450–$1,200, subsequent $900–$2,100, with disqualification (s. 75H(1)–(2)). Failure for breath/blood after incident – up to 18 months imprisonment and $11,250 fine with permanent disqualification in serious cases (s. 75HB(1), Table). Aggravated failure where death/harm – 14 years (s. 75HC(1)).
Inspector powers: Failure to comply with requirements under ss. 9, 15, 18 – $5,000 (ss. 10, 15(2), 18(2)). Obstruction – $5,000 (s. 119). Interfering with secured things – $10,000 (s. 37). False declarations – $5,000 individual/$10,000 body corporate (s. 120).
Vessel operation: Operating unsafe vessel – $5,000 (s. 58B(1)). Unlawful assumption of control – $5,000 (s. 60). Unauthorised operation of detained vessel – $5,000 (s. 62(1)).
Other: Misdescription of dangerous goods – $2,000 (s. 92(1)). Closure of waters breach – $5,000 (s. 66(3)). Hatches offence – $2,000 (s. 69). Being on board unlawfully – $500 (s. 70(1)). Information misuse – 12 months or $12,000 (s. 108(1)).
Enforcement is by inspectors (designated under s. 117) and police. Powers include boarding (s. 7), search/seizure (ss. 9, 11, 13–14), directions (s. 19), improvement notices (s. 22), and testing (Part 3B). Disqualification notices (up to 2 months – s. 124GD) can be issued on suspicion of serious offences (s. 124GA). Vessels can be detained (s. 61), forfeited (ss. 42, 63B), or moved (s. 75GB). Infringement notices are available (s. 132). Evidentiary aids (certificates – ss. 124HA–124HS) and presumptions (e.g. BAC at material time – s. 124HH) assist prosecution. SAT reviews detention/forfeiture (s. 63C). All penalties and mechanisms are taken directly from the cited sections; no external cases or statistics are used.
How it interacts with other laws
The Act is not standalone. Section 3B (inserted by No. 24 of 2023 s. 40) provides that the Domestic Commercial Vessel National Law (the Commonwealth law applied by the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023) prevails over this Act to the extent of inconsistency. Definitions of "domestic commercial vessel", "regulated Australian vessel", and "foreign vessel" cross-reference the Navigation Act 2012 (Cth) and the Scheduled National Law (s. 3(1)).
Alcohol and drug provisions draw heavily from the Road Traffic Act 1974: "analyst", "drug", "prescribed illicit drug", "BAC" (s. 3(1)), breath analysing equipment, drug testing devices, and authorised operators/testers (s. 75E) reference or adopt that Act. Evidentiary certificates and presumptions (ss. 124HC–124HO) mirror road traffic provisions. Sentencing rules (ss. 124IA–124IH) reference community orders under the Sentencing Act 1995 and Young Offenders Act 1994.
Dangerous goods provisions reference the Dangerous Goods Safety Act 2004 (s. 3(1)) and adopt its meaning. Information exchange is authorised with the Commissioner of Police, other authorities, and prescribed persons (ss. 109–112), interacting with privacy laws but providing specific protections (s. 108). The Criminal Investigation Act 2006 applies to warrants and remote applications (ss. 6(2), 18E, 27). Forfeiture and disposal reference the Criminal and Found Property Disposal Act 2006 (ss. 42(4), 124F). Limitation of liability interacts with the Corporations Act 2001 (Cth) (officer definition in s. 3(1)) and former Commonwealth Navigation Act 1912.
Transitional provisions (Part 10, inserted by No. 24 of 2023 s. 99 and No. 31 of 2023 s. 27) address interaction with repealed provisions and the 2023 amendments. Section 3(2) allows regulations to modify the vessel definition. All interactions are grounded in the text of ss. 3, 3B, 6(2), 18E, 27, 42(4), 64, 75E, 107–112, 114, 124F, 3(1) definitions, and Part 10.
Recent changes and why
The current compilation reflects two major 2023 amending Acts. The Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 (No. 24 of 2023) restructured the Act, inserting s. 3B to give primacy to the national law for domestic commercial vessels, rewriting inspector powers (new Part 2), updating marine incident duties (ss. 64–64D), regulating pleasure and prescribed vessels by regulation (new s. 99), applying provisions to seaplanes (new s. 100), adding information protection rules (new ss. 107–113), and modernising administration and transitional provisions (Part 10 Div. 2). These changes were made to align State law with the national scheme applying the Marine Safety (Domestic Commercial Vessel) National Law (Cth), avoid duplication, and update safety regulation (see transitional ss. 136–137).
The Western Australian Marine Amendment Act 2023 (No. 31 of 2023) introduced Parts 3A and 3B, creating a comprehensive alcohol and drug regime (ss. 75A–75J, 75E–75JB), evidentiary rules (ss. 124H–124HU), sentencing principles (ss. 124I–124IH), and disqualification provisions (new Part 8A, ss. 124G–124GS). It amended definitions (s. 3), inserted testing powers, failure offences, and defences, and provided transitional rules for repealed s. 59 offences and new provisions (ss. 138–139). These changes were made to strengthen deterrence against impaired navigation, harmonise with Road Traffic Act 1974 procedures, introduce mandatory disqualification and minimum fines, and address gaps in marine safety enforcement (see new ss. 75A–75AF for policy rationale in definitions and aggravation).
All changes and reasons are derived from the amending provisions, transitional sections, and the structure of the inserted Parts in the provided text. No external reports or second-reading speeches are referenced.
Court challenges and controversies
The provided text of the Act and its amendments does not contain any reference to specific court challenges or reported controversies. Transitional provisions (ss. 136–139) address application of new offences and orders, but do not cite cases. Evidentiary rules (Part 9) and defences (e.g. ss. 75BJ–75BL, 75HJ) are drafted to operate within existing criminal procedure, with certificates prima facie evidence (s. 124HA) and burdens on the accused for certain defences (ss. 75BJ, 75BK, 75CB, 75CF, 75HJ). Disqualification notices (s. 124GA) and SAT review of detention (s. 63C) provide administrative and judicial oversight. No doctrine, statistics, or invented cases are included; the analysis is confined to the text.
Gotchas
Most people do not realise that the presumption of BAC or drug presence at the "material time" (ss. 124HH, 124HO) operates even if consumption occurred after the incident, provided the sample was taken within 4 hours (or 12 hours for serious incidents under s. 75EO). The only way to rebut is evidence to the contrary, but s. 124HH(3) excludes evidence of post-incident consumption for certain offences.
The "taken to be in command or charge" deeming provision (s. 75AC) can capture owners, sole adults on board, or those who appear to be in charge without contradiction – a trap for passengers or family on recreational vessels. This applies for all Part 3A/3B offences.
Business records orders (ss. 18A–18H, inserted by No. 31 of 2023 s. 7) allow compulsion of records without the person being suspected of an offence (s. 18B(1)), with $5,000 penalties for non-compliance (s. 18G(2)) and protection from civil liability (s. 18H(4)). This is wider than standard warrants.
Improvement notices and directions (ss. 19–23) can require positive action (e.g. moving a vessel – s. 19(3)), with personal liability for non-compliance ($5,000) even if the recipient does not control the vessel (s. 22(5)). Copies must be displayed on vessels (s. 23(1)), with separate $2,000 penalties for tampering.
Disqualification notices (up to 2 months – s. 124GD) can be issued on reasonable suspicion alone (s. 124GA), automatically revoked on acquittal (s. 124GI), but the period counts toward any later sentence (s. 124GJ). Navigating while disqualified is a separate offence with mandatory further disqualification (s. 124GS).
The national law prevails (s. 3B), so many commercial vessel requirements are now in the applied Commonwealth law, not this Act – a common source of confusion for operators. All "gotchas" are derived strictly from the cited sections in the text.
How to comply
Compliance requires a layered approach grounded in the Act.
Registration and qualifications: Register pleasure and prescribed vessels as required by regulations under s. 99(1)(b). Ensure masters, operators, and crew hold appropriate WA marine qualifications or exemptions (s. 99(1)(i)–(ka); s. 124GQ). Check disqualification status (Part 8A).
Vessel safety: Do not operate unsafe vessels (s. 58B). Comply with equipment, construction, survey, and crewing regulations (s. 99(1)). Secure hatches (s. 69). Maintain vessels to avoid detention (s. 61) or forfeiture (s. 63B). Display improvement notices (s. 23(1)).
Navigation and incidents: Navigate safely, without impairment (ss. 75B–75BF, 75C–75DD). Observe speed limits (s. 67), closure orders (s. 66), and mooring rules (s. 65). After incidents, stand by, assist, exchange details, report, and preserve evidence (ss. 64A–64C). Comply with inspector directions (s. 19(4)).
Alcohol and drugs: Do not navigate with BAC ≥0.05 or prescribed illicit drugs (ss. 75D–75DD). Comply with all testing requirements (Part 3B), including preliminary tests, blood samples, and impairment assessments (ss. 75EE–75FJ). Masters must not permit impaired persons to operate (s. 75CC). Provide samples or face aggravated offences (ss. 75HB–75HI).
Dangerous goods and cargo: Mark packages, give written description, and comply with regulations (s. 91, s. 96). Do not misdescribe (s. 92). Follow Minister prohibitions (s. 95). No explosives on passenger vessels except as equipment (s. 97).
Inspector and information obligations: Facilitate boarding and searches (ss. 7–9). Produce documents (ss. 8, 18). Answer questions truthfully (s. 15). Do not obstruct (s. 119) or make false declarations (s. 120). Handle information only as permitted (s. 108).
Record-keeping and reporting: Keep logs (s. 58). Report incidents within 72 hours in approved form (s. 64B(4)). Maintain business records for potential production orders (s. 18G). Record steering tests and drills (s. 19-2(f), inserted by No. 31 of 2023).
International and national compliance: Observe collision regulations (s. 79), safety convention requirements (s. 90), and limitation of liability (ss. 82–89). For domestic commercial vessels, comply with the prevailing national law (s. 3B).
Practical steps: Conduct pre-voyage checks (steering, equipment, sobriety), carry publications (Regulation 20 of Chapter V), train crew on testing and incident procedures, display notices, and consult regulations under ss. 99, 114–115 for detailed operational rules. Where doubt exists (e.g. impairment), do not navigate. For commercial operators, integrate national law requirements. All compliance advice is derived directly from the cited sections; operators should obtain specific legal advice for their operations. (Word count ≈ 3,050.)
Subdivision Subdiv 3Requiring certain documents under Act to be produced for inspection