Marine and Safety (Prescribed Offences) Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine and Safety Authority Act 1997 .
30 March 1998G. S. M. GREEN
Governor
By His Excellency's Command,
T. JOHN CLEARY
Minister for Transport
These regulations may be cited as the Marine and Safety (Prescribed Offences) Regulations 1998 .
These regulations take effect on the day on which their making is notified in the Gazette.
(1) The offences generally described in Column 2 of the Parts of Schedule 1 under the respective regulations specified in Column 1 of those Parts are prescribed as the offences in respect of which infringement notices may be issued.(2) The penalties specified in Column 3 of the Parts of Schedule 1 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.
SCHEDULE 1 - Prescribed offences
PART 1 - Marine and Safety (Appliances and Equipment) Regulations 1997
Column 1 Regulation | Column 2 General description of offence | Column 3 Penalty unit | 4(2) | complying with regulations | 1 | 5 | maintaining fire appliances | 2 | 6 | complying with requirements | 4 | 7 | ventilation measures | 4 | 8 | fitting remote control devices | 2 | 9(1) | fitting valves | 1 | 9(2) | locating of valve stopcock | 1 | 9(4) | locating of valve on deep fuel tank | 1 | 10 | exhibiting fire control plan | 2 | 11 | complying with fire fighting equipment requirements | 5 | 12 | complying with lifesaving appliances requirements | 5 | 13 | complying with miscellaneous equipment requirements | 5 | 14 | carrying additional equipment | 2 | 15 | marking equipment | 1 | 16 | keeping equipment in good order | 2 | 17 | marking lifesaving appliances | 1 | 18 | stowing appliances and equipment | 2 | 19 | impeding access | 1 | 20 | means of illumination | 1 | 21 | survey of inflatable life raft | 2 | 22 | showing pyrotechnics and smoke signals | 1 | 23 | providing ladders | 1 | 24 | providing navigation lights | 1 | 25 | equipping warning lights | 1 | 26 | equipping warning lights within sheltered waters | 1 | 27 | requirement for use of a dinghy | 1 | 28(1) | equipping EPIRBS | 1 | 28(2) | stowing EPIRBS | 1 | 28(3) | compliance with standards for EPIRBS | 1 | 29(1) | compliance with regulations | 2 | 31(1) | using good quality materials | 1 | 33 | carrying out alteration of equipment or machinery without authority | 2 |
PART 2 - Marine and Safety (Collision) Regulations 1997
Column 1 Regulation | Column 2 General description of offence | Column 3 Penalty unit | 5 | complying with international regulations | 5 | 6 | revoking distress signal | 5 |
PART 3 - Marine and Safety (Safety Manning) Regulations 1997
Column 1 Regulation | Column 2 General description of offence | Column 3 Penalty unit | 9 | operating trading vessel without prescribed complement and master | 2 | 16 | operating fishing vessel without prescribed complement and master | 2 | 27 | making false or misleading statements | 2 |
PART 4 - Marine and Safety (Emergency Procedures) Regulations 1997
Column 1 Regulation | Column 2 General description of offence | Column 3 Penalty unit | 5(1) | allocating emergency stations | 1 | 5(2) | displaying emergency station list | 2 | 8(1) | passenger emergency procedures | 1 | 8(3) | displaying emergency procedure notices and signs | 2 | 9(4) | conducting lifeboat drills for passenger vessels | 2 | 9(6) | conducting lifeboat drills for non-passenger vessels | 2 | 9(7) | rescue boat drills | 2 | 9(8) | life raft launching procedure | 2 | 10(1) | allocating crew fire control duties | 1 | 10(3) | conducting fire drills for passenger vessels | 2 | 10(4) | conducting fire drills for non-passenger vessels | 2 | 11(1) | allocating crew special collision duties | 1 | 11(3) | conducting collision drills for passenger vessels | 2 | 11(4) | conducting collision drills for non-passenger vessels | 2 | 12(1) | allocating crew rocket line drill and duties | 1 | 12(2) | holding drills | 1 | 13(5) | warning crew when abandoning ship | 4 | 14(1) | keeping log book and vessel record book | 1 | 14(2) | logging missed drills | 1 | 14(3) | maintaining crew list | 1 | 14(4) | providing crew list | 1 | 14(5) | notifying crew list ceases to apply | 1 | 14(6) | producing crew list on demand | 1 | 15(1) | listing persons to be left ashore | 1 | 16 | informing passengers and crew of emergency procedures | 1 | 17(1) | displaying emergency procedures notices | 1 | 17(2) | conducting lifeboat drills | 2 | 17(3) | launching rescue boat | 2 | 18(1) | instructing use of fire fighting appliances | 2 | 18(2) | testing firefighting appliances | 1 | 19 | instructing damage control drill | 1 | 20 | listing persons on board | 2 | 21 | operating automatic pilot | 1 | 22 | operating and testing steering gear | 1 | 24 | travelling at night | 2 | 25 | routeing practices | 2 | 26 | distress messages | 5 | 27(1) | supplying copy of regulations | 1 | 27(2) | familiarity with regulations | 1 | 29 | making false or misleading statements | 2 | 30 | complying with USL Code | 5 |
PART 5 - Marine and Safety (Pilotage and Navigation) Regulations 1997
Column 1 Regulation | Column 2 General description of offence | Column 3 Penalty unit | 14 | employing pilots | 5 | 15(1) | signals for requiring pilot | 2 | 15(2) | signal for pilot exempt vessel | 2 | 15(3) | receiving pilot on board | 1 | 18(4) | keeping records | 2 | 26 | carrying and producing exemption certificate | 1 | 28 | signals for exemption | 1 | 29 | advice by incoming vessels | 1 | 30(3) | complying with direction | 5 | 31 | reporting casualty | 5 | 32 | VHF watch | 1 | 34 | carrying and producing licence | 1 | 36(1) | controlling and navigating vessels | 5 | 36(2) | passing under bridge | 5 | 37(1) | passing through main navigation channel | 5 | 37(2) | confirming intent to pass under bridge | 5 | 38 | using secondary navigational channel | 5 | 39 | using apertures other than the main or secondary channel | 5 | 41 | sound signal entering navigation channel | 1 | 42(1) | navigation of several vessels | 2 | 43(1) | sound signal from opposite directions | 1 | 44(2) | proceeding in same direction | 2 | 44(3) | passage of one vessel at a time through main channel | 2 | 45 | interfering or obstructing | 1 | 46 | complying with restrictions | 5 | 47(1) | approaching bridge in poor visibility | 5 | 47(2) | approaching bridge in poor visibility | 5 | 48 | complying with requirements | 2 | 49 | passing under main navigation span | 5 | 50(1) | controlling and navigating | 5 | 50(2) | passing through span | 5 | 52(1) | using navigation span | 2 | 54 | interfering or obstructing | 1 | 55(1) | sound signal from opposite direction | 1 | 56 | complying with restrictions | 2 | 57 | complying with requirements | 2 | 58 | passing under span when navigation prohibited | 2 | 59(1) | navigating during regattas | 1 | 59(5) | complying with directions | 1 | 62(3) | plying during prohibition | 2 | 63 | informing of dangerous conditions | 1 | 64(3) | complying with directions | 2 | 65 | anchorage in fairways and channels | 5 | 66(1) | acting to affect navigation | 2 | 66(3) | contravening notice | 1 | 66(5) | entering and remaining in prohibited area | 1 | 67 | laying fishing nets and lines | 1 | 68(1) | speed likely to cause damage or interfere | 1 | 68(3) | complying with notice | 1 | 69 | navigating on routes | 1 | 70(2) | complying with notice | 2 | 71(1) | prohibited anchorage | 2 | 71(2) | prohibited dredging | 2 | 72(2) | prohibited navigation | 5 | 73(1) | reporting collisions and incidents | 5 | 74 | obeying orders | 5 | 75(1) | use of lights | 1 | 75(5) | complying with notice | 1 | 76(3) | complying with notice | 1 | 77(1) | navigating unseaworthy vessels | 5 | 78(4) | inspection and detention | 5 | 81(1) | resisting detention or obstructing inspection | 1 | 81(2) | navigating unseaworthy vessel | 5 | 84(1) | entering pilotage area in dangerous conditions | 5 | 84(2) | notifying of vessel in dangerous conditions | 2 | 85(1) | complying with directions | 1 | 85(2) | remaining in Denison Canal | 1 | 85(3) | navigating with care | 1 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 8 April 1998
These regulations are administered in the Department of Transport.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations prescribe –(a) offences under the Marine and Safety Authority Act 1997 as offences in respect of which infringement notices may be issued; and(b) the penalties payable in respect of those offences on the issue of the infringement notices.