Marine and Safety (Prescribed Offences) Amendment Regulations 2004

Marine and Safety (Prescribed Offences) Amendment Regulations 2004

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 .

24 May 2004

RICHARD BUTLER

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Marine and Safety (Prescribed Offences) Amendment Regulations 2004 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Marine and Safety (Prescribed Offences) Regulations 1998 are referred to as the Principal Regulations.

4.    Schedule 1 amended (Prescribed offences)

Schedule 1 to the Principal Regulations is amended by omitting Part 4 and substituting:

PART 4 - Marine and Safety (Safe Operation) Regulations 2003

Column 1 Regulation	Column 2 General description of offence	Column 3 Penalty unit
5(1)	Owner causing or allowing vessel to operate, for unsafe commercial purpose	5
5(2)	Owner causing or allowing vessel to operate in unsafe conditions (in absence of emergency)	5
6	Owner or employee or agent of owner –	5
	(a) ordering or inducing crewmember to disobey or disregard master's safe operation order; or
	(b) countermanding master's safe operation order
7(1)	Master operating vessel, or causing or allowing vessel to operate, for unsafe commercial purpose	5
7(2)	Master operating vessel, or causing or allowing vessel to operate, in unsafe conditions (in absence of emergency)	5
8(1)	Master ordering unqualified crewmember to perform task (in absence of emergency)	5
8(2)	Master failing to ensure new crewmember given sufficient initial instruction and training as soon as practicable after joining vessel	5
8(3)	Master failing to ensure every crewmember has adequate periods off-duty (in absence of emergency)	5
9(1)	Crewmember failing to comply with safe operation order given by more senior crewmember	4
9(2)	Crewmember failing to get sufficient rest during off-duty period to avoid fatigue when next on duty (in absence of emergency)	4
9(3)	Crewmember incapable of safely and competently discharging duties because of off-duty consumption of alcohol or drugs	4
10(1)	Master failing to ensure that each crewmember is –	3
	(a) assigned emergency duties; and
	(b) made aware of those emergency duties
11(1)	Master failing to ensure that each crewmember and, if applicable, passenger is assigned emergency muster station	3
12(1)	Master failing to ensure that each crewmember and, if applicable, passenger is assigned survival craft	3
13(2)	Master failing to ensure that emergency muster list is drawn up	3
13(4)	Master failing to ensure that copies of emergency muster list are displayed in conspicuous positions	3
14(1)	Master failing to ensure, through regular training, that crew is familiarised with emergency procedures	5
14(2)	Master failing to ensure, through regular training, that crew is familiarised with launching and retrieval procedure of survival craft and operation of other emergency equipment	5
15(2)	Master failing to ensure that presence and location of emergency exit, emergency muster station and survival and emergency equipment is conspicuously indicated by sign	3
16(2)	Master of passenger vessel failing to ensure that passengers can learn about basic emergency safety information from conspicuous signs, portable leaflets or brochures during voyage	3
16(3)	Master of passenger vessel (other than short-route ferry) failing to ensure that passengers are provided with basic emergency safety information by means of announcement, practical demonstration or audio-visual presentation before or immediately after leaving port	3
17(1)	Owner failing to ensure that vessel is fitted with easily heard signalling device	5
17(3)	Master failing to ensure that fitted signalling device is –	3
	(a) kept in good working order; and
	(b) tested once every calendar month and once before every voyage (if vessel is not short-route ferry)
17(5)	Master of vessel fitted with signalling device failing to take reasonable steps to ensure persons aboard understand different emergency signals and what to do if emergency muster station signal is sounded	3
18(1)	Owner failing to ensure that vessel is fitted with communications system that transmits easily heard spoken safety instructions	3
18(3)	Master of vessel fitted with communications system failing to ensure that system is –	3
	(a) kept in good working order; and
	(b) tested once every calendar month and once before every voyage (if vessel is not short-route ferry)
19(1)	Person giving false alarm on vessel	3
19(4)	Master failing to notify MAST, AusSAR or police officer of false alarm –	3
	(a) instantly (if vessel fitted with electronic communications equipment); or
	(b) by speediest practicable means (if vessel not fitted with electronic communications equipment)
20	Master of vessel being abandoned failing to ensure that –	5
	(a) all persons aboard are given enough warning to enable them to reach assigned survival craft; and
	(b) vessel's propellor shafts are brought to standstill before any person leaves vessel
21(2)	Master failing to immediately go to assistance of distressed vessel and, on reaching distressed vessel, failing to give assistance	5
22(2)	Master failing to ensure constant listening watch maintained on channel 16 in marine VHF band while vessel under way	3
22(3)	Master failing to ensure listening watch maintained on certain HF radio frequency while vessel under way	3
23(1)	Master failing to immediately give radio warning of danger to navigation	5
24(2)	Master causing or allowing crewmember to do hazardous work contrary to safety requirements (in absence of emergency)	5
25(2)	Master failing to ensure emergency operating systems tested every 3 months	5
25(3)	Master failing to ensure that primary steering system, primary controls and primary communication system are kept in good working order	5
26(2)	Master failing to ensure that openings critical to vessel's watertight safety are shut before leaving port	5
26(3)	Master failing to ensure that openings critical to vessel's watertight safety are shut after leaving port	5
27(3)	Master failing to comply with direction regarding maximum operating speed	5
28(2)	Master failing to ensure vessel does not operate in unsafe or unsuitable waters or waters not permitted to navigate (in absence of emergency)	5
29(2)	Owner causing or allowing vessel to operate, with passengers on board, without minimum number of qualified crew	5
31	Responsible person failing to ensure that accurate records regarding vessel's call sign, owner and crewmembers are kept	3
32	Responsible person failing to ensure that accurate records regarding emergency preparedness training, signalling device testing, communications system testing and emergency operating systems testing are kept	2
33	Responsible person failing to ensure that accurate records regarding incidents and alarms are kept	2
34	Responsible person failing to ensure that accurate records regarding cargo and passengers are kept (other than short-route ferry)	3
35	Responsible person failing to –	3
	(a) allow authorised person to inspect vessel's records during normal business hours; or
	(b) ensure that MAST or authorised person can access records electronically if vessel is involved in emergency during voyage
36(1)	Owner causing or allowing vessel to operate for commercial purpose after 30 September 2004 without approved SMP or sufficient crew and equipment for SMP	5
36(2)	Master operating vessel for commercial purpose after 30 September 2004 without approved SMP or contrary to SMP	5
43(3)	Responsible person failing to comply with direction by surveyor to produce vessel's SMP	2
44(5)	Responsible person failing to comply with direction from MAST to operate vessel in accordance with approved SMP	5
45(7)	Responsible person failing to comply with direction from MAST to make vessel available for inspection or produce rectified SMP	5
48	Responsible person for passenger vessel failing to ensure that crewmembers and support staff are informed of SMP and SMP amendments or corrections and can easily consult SMP	4
50(6)	Owner failing to berth vessel, with crew on board, as notified for safety audit	4
50(7)	Master of a vessel required to undergo safety audit –	4
	(a) not allowing authorised person to conduct audit; or
	(b) not allowing authorised person to board the vessel for audit; or
	(c) failing to comply with reasonable direction given by authorised person for audit
53(10)	Person with benefit of exemption failing to comply with conditions of exemption	4
54(2)	Person failing to comply with authorised person's request to state name and address	3
56	Person making false or misleading statement or omitting matters from statement knowing that statement is consequently false or misleading	3

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 2 June 2004

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Marine and Safety (Prescribed Offences) Regulations 1998 by –

(a) prescribing offences under the Marine and Safety (Safe Operation) Regulations 2003 as offences for which infringement notices may be served under the Marine and Safety Authority Act 1997 ; and

(b) prescribing penalties for those offences; and

(c) rescinding spent infringement notice provisions.