Sch 51978 Protocol relating to Safety Convention

Schedule 5 — 1978 Protocol relating to Safety Convention **PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974** *General Obligations* The parties to the present Protocol undertake to give effect to the provisions of the present Protocol and the Annex hereto which shall constitute an integral part of the present Protocol. Every reference to the present Protocol constitutes at the same time a reference to the Annex hereto. 1. The provisions of Articles II, III (other than paragraph (a)), IV, VI(b), (c) and (d), VII and VIII of the International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as “the Convention”) are incorporated in the present Protocol, provided that references in those Articles to the Convention and to Contracting Governments shall be taken to mean references to the present Protocol and to the Parties to the present Protocol, respectively. 2. Any ship to which the present Protocol applies shall comply with the provisions of the Convention, subject to the modifications and additions set out in the present Protocol. 3. With respect to the ships of non‑parties to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships. *Communication of Information* The Parties to the present Protocol undertake to communicate to, and deposit with, the Secretary‑General of the Inter‑Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”), a list of nominated surveyors or recognized organizations which are authorized to act on their behalf in the administration of measures for safety of life at sea for circulation to the Parties for information of their officers. The Administration shall therefore notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations. 1. The present Protocol shall be open for signature at the Headquarters of the Organization from 1 June 1978 to 1 March 1979 and shall thereafter remain open for accession. Subject to the provisions of paragraph 3 of this Article, States may become Parties to the present Protocol by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. 2. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary‑General of the Organization. 3. The present Protocol may be signed without reservation, ratified, accepted, approved or acceded to only by States which have signed without reservation, ratified, accepted, approved or acceded to the Convention. *Entry into Force* 1. The present Protocol shall enter into force six months after the date on which not less than fifteen States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant shipping, have become Parties to it in accordance with Article IV of the present Protocol, provided however that the present Protocol shall not enter into force before the Convention has entered into force. 2. Any instrument of ratification, acceptance, approval or accession deposited after the date on which the present Protocol enters into force shall take effect three months after the date of deposit. 3. After the date on which an amendment to the present Protocol is deemed to have been accepted under Article VIII of the Convention, any instrument of ratification, acceptance, approval or accession deposited shall apply to the present Protocol as amended. 1. The present Protocol may be denounced by any Party at any time after the expiry of five years from the date on which the present Protocol enters into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary‑General of the Organization. 3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary‑General of the Organization. 4. A denunciation of the Convention by a Party shall be deemed to be a denunciation of the present Protocol by that Party. *Depositary* 1. The present Protocol shall be deposited with the Secretary‑General of the Organization (hereinafter referred to as “the Depositary”). 2. The Depositary shall: (a) Inform all States which have signed the present Protocol or acceded thereto of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of the present Protocol; (iii) the deposit of any instrument of denunciation of the present Protocol together with the date on which it was received and the date on which the denunciation takes effect; (b) transmit certified true copies of the present Protocol to all States which have signed the present Protocol or acceded thereto. 3. As soon as the present Protocol enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. The present Protocol is established in a single original in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Italian languages shall be prepared and deposited with the signed original. **ANNEX** MODIFICATIONS AND ADDITIONS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974 **CHAPTER I** **GENERAL PROVISIONS** PART A — APPLICATION, DEFINITIONS, ETC. *The following paragraph is added to the existing text:* (n) “Age of a ship” means the elapsed period of time determined from the year of build as indicated on the ship’s registry papers. **CHAPTER V** SAFETY OF NAVIGATION **Regulation 12** *Shipborne Navigational Equipment* *The existing text of paragraph (*a) *is replaced by the following:* (a) All ships of 1,600 tons gross tonnage and upwards but less than 10,000 tons gross tonnage shall be fitted with at least one radar. All ships of 10,000 tons gross tonnage and upwards shall be fitted with at least two radars, each capable of operating independently of the other. All radars fitted in compliance with this Regulation shall be of a type approved by the Administration and shall conform to operational standards not inferior to those adopted by the Organization. Facilities for plotting radar readings shall be provided on the bridge in those ships. **Regulation 19** *Use of the Automatic Pilot* *The following paragraph is added to the existing text:* (d) The manual steering shall be tested after prolonged use of the automatic pilot, and before entering areas where navigation demands special caution. *The following new Regulations are added to this Chapter:* **Regulation 19‑1** *Operation of Steering Gear* In areas where navigation demands special caution, ships shall have more than one steering gear power unit in operation when such units are capable of simultaneous operation. **Regulations 19‑2** *Steering Gear — Testing and Drills* (a) Within 12 hours before departure, the ship’s steering gear shall be checked and tested by the ship’s crew. The test procedure shall include, where applicable, the operation of the following; (i) the main steering gear; (ii) the auxiliary steering gear; (iii) the remote steering gear control systems; (iv) he steering positions located on the navigating bridge; (v) the emergency power supply; (vi) the rudder angle indicators in relation to the actual position of the rudder; (vii) the remote steering gear control system power failure alarms; and (viii) the steering gear power unit failure alarms. (b) The checks and tests shall include: (i) the full movement of the rudder according to the required capabilities of the steering gear; (ii) a visual inspection of the steering gear and its connecting linkage; and (iii) the operation of the means of communication between the navigating bridge and steering gear compartment. (c) (i) Simple operating instructions with a block diagram showing the change‑over procedures for remote steering gear control systems and steering gear power units shall be permanently displayed on the navigating bridge and in the steering gear compartment. (ii) All officers concerned with the operation and/or maintenance of steering gear shall be familiar with the operation of the steering systems fitted on the ship and with the procedures for changing from one system to another. (d) In addition to the routine checks and tests prescribed in paragraphs (a) and (b) of this Regulation, emergency steering drills shall take place at least once every three months in order to practise emergency steering procedures. These drills shall include direct control from within the steering gear compartment, the communications procedure with the navigating bridge and, where applicable, the operation of alternative power supplies. (e) The Administration may waive the requirement to carry out the checks and tests prescribed in paragraphs (a) and (b) of this Regulation for ships which regularly ply on voyages of short duration. Such ships shall carry out these checks and tests at least once every week. (f) The date upon which the checks and tests prescribed in paragraphs (a) and (b) of this Regulation are carried out and the date and details of emergency steering drills carried out under paragraph (d) of this Regulation, shall be recorded in the log book as may be prescribed by the Administration. [Schedule 6 deleted: No. 24 of 2023 s. 100.] ![dline]() Notes This is a compilation of the *Western Australian Marine Act 1982* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | | **Number and year** | | | **Assent** | | | **Commencement** | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | *Western Australian Marine Act 1982* 2, 3 | | 55 of 1982 | | | 5 Nov 1982 | | | 1 Jul 1983 (see s. 2 and *Gazette* 24 Jun 1983 p. 1977) | | | *Western Australian Marine Amendment Act 1990* | | 35 of 1990 | | | 9 Oct 1990 | | | Act other than s. 4(b) and (d), 6‑9, 12 and 21: 9 Jun 1992 (see s. 2 and *Gazette* 9 Jun 1992 p. 2379); s. 4(b) and 21: 1 Jan 1994 (see s. 2 and *Gazette* 31 Dec 1993 p. 6861) | | | *Financial Administration Legislation Amendment Act 1993* s. 11 | | 6 of 1993 | | | 27 Aug 1993 | | | 1 Jul 1993 (see s. 2(1)) | | | *Acts Amendment (Department of Transport) Act 1993* Pt. 15 | | 47 of 1993 | | | 20 Dec 1993 | | | 1 Jan 1994 (see s. 2 and *Gazette* 31 Dec 1993 p. 6861) | | | *Acts Amendment (Public Sector Management) Act 1994* s. 19 | | 32 of 1994 | | | 29 Jun 1994 | | | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) | | | *Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994* Pt. 21 | | 92 of 1994 | | | 23 Dec 1994 | | | 1 Jan 1995 (see s. 2(1) and *Gazette* 30 Dec 1994 p. 7211) | | | *Sentencing (Consequential Provisions) Act 1995* Pt. 83 and s. 147 | | 78 of 1995 | | | 16 Jan 1996 | | | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) | | | *Financial Legislation Amendment Act 1996* s. 64 | | 49 of 1996 | | | 25 Oct 1996 | | | 25 Oct 1996 (see s. 2(1)) | | | *Statutes (Repeals and Minor Amendments) Act 1997* s. 130 | | 57 of 1997 | | | 15 Dec 1997 | | | 15 Dec 1997 (see s. 2(1)) | | | **Reprint of the *Western Australian Marine Act 1982* as at 28 Jan 2000** (includes amendments listed above) | | | | | | | | | | | *Statutes (Repeals and Minor Amendments) Act 2003* s. 130 | | 74 of 2003 | | | 15 Dec 2003 | | | 15 Dec 2003 (see s. 2) | | | *Dangerous Goods Safety Act 2004* s. 70 | | 7 of 2004 | | | 10 Jun 2004 | | | 1 Mar 2008 (see s. 2 and *Gazette* 29 Feb 2008 p. 669) | | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | | 59 of 2004 | | | 23 Nov 2004 | | | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | | *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 135 1 | | 55 of 2004 | | | 24 Nov 2004 | | | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | | 84 of 2004 | | | 16 Dec 2004 | | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | | **Reprint 2: The *Western Australian Marine Act 1982* as at 2 Dec 2005** (includes amendments listed above except those in the *Dangerous Goods Safety Act 2004*) | | | | | | | | | | | *Financial Legislation Amendment and Repeal Act 2006* s. 4 | | 77 of 2006 | | | 21 Dec 2006 | | | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | | *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 137 | | | 8 of 2009 | | | 21 May 2009 | | | 22 May 2009 (see s. 2(b)) | | *Standardisation of Formatting Act 2010* s. 4 | | 19 of 2010 | | | 28 Jun 2010 | | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | | *Personal Property Securities (Consequential Repeals and Amendments) Act 2011* Pt. 12 Div. 7 | | 42 of 2011 | | | 4 Oct 2011 | | | 30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) | | | **Reprint 3: The *Western Australian Marine Act 1982* as at 27 Jul 2012** (includes amendments listed above) Correction in *Gazette* 26 Jul 2013 p. 3354 | | | | | | | | | | | *Ports Legislation Amendment Act 2019* Pt 8 | | 2 of 2019 | | | 26 Feb 2019 | | | 27 Feb 2019 (see s. 2(b)) | | | *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* Pt. 9 (other than s. 44) | 24 of 2023 | | | 24 Oct 2023 | | | Pt. 9 (other than s. 39(1), 44, 46, 54, 56, 69, 70, 72-74, 76, 78-80, 85, 86, 90 and 95): 21 Dec 2023 (see s. 2(b) and SL 2023/203 cl. 2(a)); s. 39(1), 46, 56, 69, 70, 72‑74, 76, 78‑80, 85, 86, 90 and 95: 2 May 2024 (see s. 2(b) and SL 2024/55 cl. 2); s. 54: 19 Dec 2025 (see s. 2(b) and SL 2025/204 cl. 2) | | | | *Western Australian Marine Amendment Act 2023* Pt. 2 | | 31 of 2023 | | | 11 Dec 2023 | | | Pt. 2 (other than s. 7, 8, 14(2), 15‑22, 23(2), 24(1), 26 and 31): 21 Dec 2023 (see s. 2(c) and SL 2023/202 cl. 2 and SL 2023/203 cl. 2(a)); s. 7, 8, 14(2), 15‑22, 23(2), 24(1), 26 and 31: 2 May 2024 (see s. 2(c) and SL 2024/52 cl. 2) | | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Aquatic Resources Management Act 2016* s. 376 | 53 of 2016 | 29 Nov 2016 | To be proclaimed (see s. 2(b)) | | *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* s. 44 | 24 of 2023 | 24 Oct 2023 | To be proclaimed (see s. 2(b)) | | *Evidence Act 2025* s. 492(1) | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) | Other notes 1 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act. 2 The *Western Australian Marine Amendment Act 1987* (other than s. 1 and 2) was repealed by the *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* Pt. 10 Div. 9 (No. 24 of 2023) before it came into operation. 3 The *Western Australian Marine Amendment Act 1990* s. 4(d), 6‑9 and 12 were deleted by the *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* Pt. 10 Div. 10 (No. 24 of 2023) before they came into operation. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** 0.08+ and illicit drug offence 75A 0.08+ offence 75A alcohol or drug testing requirement 3(1) alcohol-related offence 124H, 124HC(1) alleged offence 124G, 124GA(1), 132(11) alleged offender 132(11) analyst 3(1) applied provisions 3B(1) applied provisions of the Limitation Convention 76 approved body 124HQ(1) approved expert 124H assent day 139(1) authorised drug tester 75E(1), 75EB(1), 124H authorised operator 75E(1), 75EA(1), 124H authorised person 3(1), 132(11), 133(5) authorised purpose 111(1) BAC 3(1) bodily harm 3(1) breath analysing equipment 75E(1) breath analysis 75E(1) business 18A business record 18A casualty 75BI(1) certificate 124H certificate, licence, permit, exemption or dispensation 121(2) Chemistry Centre (WA) 3(1) chief executive officer 3(1) circumstance of aggravation 75HC(2) circumstances of aggravation 75A, 75AF(1) commencement day 137(1) Commissioner of Police 3(1) Commonwealth domestic commercial vessel national law 3B(1) Commonwealth or interstate authority 107 contact details 64 container 76 Container Convention 76 dangerous goods 3(1) decision 63C(1) de-identified incident information 112(1) de-identified information 108(3) dentist 3(1) Department 3(1) designated officer 132(11) designated person 63(1) details 107 detained vessel 3(1) disqualification notice 124G, 124GA(3) disqualification order 124G disqualified 124G document 125(2) domestic commercial vessel 3(1) Domestic Commercial Vessel National Law 3B(1) drug 3(1) drug-related offence 124H, 124HI(1) drugs analyst 3(1) drug testing 75E(1) drug testing device 75E(1) drug testing requirement 75HF electronic means 124C(1) equipment 3(1) evidential material 6(1) explosives 3(1) foreign vessel 3(1) former Navigation Act 3(1) general offence information 109(4) grievous bodily harm 3(1) hire and drive vessel 114(1E) hirer 114(1E) hospital 75E(1) identification details 64 identity card 3(1) improvement notice 22(1) incident information 107, 112(1) infringement notice 3(1) infringement notice information 107 initial notice 61(2) inspector 3(1) inter-state voyage 84(2), 90(2) involved 75A, 75AB, 75E(1) judicial officer 6(1) key 75GC(1) later requirement 75HA(2) leave vessel, accompany officer or wait requirement 3(1) legal proceeding under this Act 127(2) Limitation Convention 76 marine Act 107 marine incident 64, 112(1) marine qualification 3(1) marine qualification information 3(1), 107 marine safety education purpose 112(1) master 3(1) material time 124H, 124HC(2), 124HI(2) medical practitioner 3(1) Merchant Shipping Act 135(3) mooring authorisation 107 mooring information 3(1), 107 navigate 75A, 75E(1), 124GS(1), 124H navigates 75AA(2) nurse practitioner 3(1) occupier 6(1) offence information 107 officer 3(1) official 119 official details 6(1) operate 75A, 75E(1), 124H operates 75AA(1) order to produce 18A overseas authority 107 overseas voyage 84(2), 90(2) owner 3(1) partially smooth waters 3(1) passenger 3(1) passenger vessel 3(1) personal watercraft 3(1) person who was in charge of the vessel 132(12), 133(5) pilot 3(1) pleasure vessel 3(1) preliminary breath test 75E(1), 124H preliminary breath testing device 75E(1) preliminary oral fluid test 75E(1), 124H preliminary oral fluid testing device 75E(1) premises 6(1) prescribed 3(1) prescribed illicit drug 3(1) prescribed items 124HQ(1) prescribed particulars 124HS(1) prescribed person 111(1) prescribed sample taker 75E(1), 124H prescribed vessel 3(1) Prevention of Collisions Convention 76 prohibition notice 75GF(2) Protocol of 1978 relating to the Safety Convention 76 publication day 137(1), 139(1) registered nurse 75E(1) registered owner 107 regulated Australian vessel 3(1) relevant authority 110(1) relevant information 35(1) relevant period 124HH(4) relevant vessel 124GS(1) remote communication 6(1) repeal day 138(1) responsible person 64D(1) Safety Convention 76 sample 75IG(1) sampling equipment 124H Scheduled Domestic Commercial Vessel National Law 3(1) sea 76 seaplane 100(1) serious bodily harm 75EO(5) serious incident 75ID(1) sheltered water passenger vessel 76 smooth waters 3(1) specified 3(1), 139(1) speed measuring equipment 68(5) State waters 3(1) stop 75E(1) subject 75IG(1) technologist 124HQ(1) territorial sea 3(1) transitional matter 139(1) transitional regulations 137(1), 139(2) vessel 3(1) vessel information 3(1), 107 WA marine qualification 3(1) warrant 6(1) young person 124I This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: ROGER JACOBS, Acting Government Printer