Western Australian Marine Act 1982

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.

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 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.

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.

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.

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.

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.

Compliance requires a layered approach grounded in the Act.

1. 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).

2. 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)).

3. 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)).

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).

5. 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).

6. 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).

7. 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).

8. 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.)