Transport (Infringements) Amendment (Transport Safety ...FILE/12-055sr.docx · Web viewTransport...

Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012

S.R. No. 55/2012

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Amendment of objectives 25 Authorising provisions—Transport (Infringements)

Regulations 2010 26 Definitions 27 New regulation 9B inserted 3

9B Transport safety infringements 38 Infringement notices 39 New Schedule 5 inserted 4

SCHEDULE 5—Transport Safety Infringements 4

Offences Against Marine Safety Law 4

═══════════════ENDNOTES 28

1

STATUTORY RULES 2012

S.R. No. 55/2012

Transport (Compliance and Miscellaneous) Act 1983


The Governor in Council makes the following Regulations:

Dated: 18 June 2012

Responsible Minister:

DENIS NAPTHINEMinister for Ports

YVETTE CARISBROOKEActing Clerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Transport (Infringements) Regulations 2010 to—

(a) prescribe offences under marine safety law as transport safety infringements; and

(b) prescribe penalties for those transport safety infringements.

2 Authorising provision

These Regulations are made under section 228ZZPB of the Transport (Compliance and Miscellaneous) Act 1983.

3 Commencement

These Regulations come into operation on 1 July 2012.

1

4 Amendment of objectives

After regulation 1(c) of the Transport (Infringements) Regulations 20101 insert—

"(ca) prescribe port safety infringements and infringement penalties in respect of those infringements;

(cb) prescribe transport safety infringements and infringement penalties in respect of those infringements;".

5 Authorising provisions—Transport (Infringements) Regulations 2010

In regulation 2 of the Transport (Infringements) Regulations 2010, for "sections 215 and 215G" substitute "sections 215, 215G and 228ZZPB".

6 Definitions

(1) In regulation 5 of the Transport (Infringements) Regulations 2010, in the definition of infringement notice, after "transport infringement notice," insert "transport safety infringement notice,".

(2) In regulation 5 of the Transport (Infringements) Regulations 2010 insert the following definition—

"Notice means Notice No. 1 made under section 15(2) of the Marine Act 1988 published in Government Gazette Number G 26 on 2 July 1998 (pages 1706 to 1824) as amended from time to time;Note

This Notice is taken to be waterway rules under section 342 of the Marine Safety Act 2010.".

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7 New regulation 9B inserted

After regulation 9A of the Transport (Infringements) Regulations 2010 insert—

"9B Transport safety infringements

(1) For the purposes of Subdivision 11A of Division 4B of Part VII of the Act, an offence set out in Column 2 of the Table in Schedule 5 is prescribed as a transport safety infringement.

(2) For the purposes of section 228ZZPA of the Act, the amount prescribed for a transport safety infringement penalty is the amount set out in Column 4 of the Table in Schedule 5 opposite the corresponding prescribed offence set out in Column 2 of that Table.

(3) A description of an offence set out in Column 3 of the Table in Schedule 5 opposite an offence set out in Column 2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which such a description refers or the operation of these Regulations.".

8 Infringement notices

For regulation 10(1)(c) of the Transport (Infringements) Regulations 2010 substitute—

"(c) a safety work infringement; or

(d) a port safety infringement; or

(e) a transport safety infringement—".

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9 New Schedule 5 inserted

After Schedule 4 to the Transport (Infringements) Regulations 2010 insert—

"__________________

SCHEDULE 5

Regulation 9B

TRANSPORT SAFETY INFRINGEMENTS

Offences Against Marine Safety Law

Column 1

Item number

Column 2

Prescribed offence

Column 3

Short description of offence

Column 4

Infringement penalty

Column 5

Code

Marine Safety Act 2010

1 s. 37(1) As owner, cause or allow an unregistered vessel or vessel not exempt from registration to be operated

5 penalty units

2252

2 s. 37(2) As master, operate an unregistered vessel or vessel not exempt from registration

5 penalty units

2251

3 s. 37(3) As owner or master, cause or allow operation of a vessel in breach of a condition of registration

2 penalty units

2253

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

4 s. 46(1), s. 49(1)

Act as master of a registered recreational or regulated hire and drive vessel without a marine licence

5 penalty units

5799

5 s. 46(2), s. 49(2)

Operate a registered recreational vessel or regulated hire and drive vessel in breach of a condition of a marine licence

2 penalty units

5706

6 s. 47(1), s. 50(1)

Act as master of a prescribed class or type of registered recreational vessel or regulated hire and drive vessel without a licence endorsement for that class or type of vessel

5 penalty units

5800

7 s. 47(2), s. 50(2)

Operate a prescribed class or type of registered recreational vessel in breach of a condition of the licence endorsement for that class or type of vessel

2 penalty units

5707

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

8 s. 59 Act as master of a registered recreational vessel in breach of a condition of a licence or certificate issued in another State or Territory or country

2 penalty units

5708

9 s. 61 Act as master of a registered recreational vessel without being in possession of a marine licence document

1 penalty unit

5709

10 s. 62(1) Being an owner of a commercially operated vessel, operate the vessel, or cause or allow the vessel to be operated, without a safe construction certificate

10 penalty units

5836

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11 s. 62(2) Being master of a commercial vessel, operate the vessel, or cause or allow the vessel to be operated, without a safe construction certificate

5 penalty units

5837

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

12 An offence against s. 63(1) constituted by a failure to comply with reg. 63(2)(a) of the Marine Safety Regulations 2012 in relation to a standard specified in regs 58(j), 59(b), 60(2)(f) or 61(2)(f)

Breach prescribed condition of safe construction certificate by failing to ensure that vessel complies with prescribed safety equipment or life-saving appliances standards

10 penalty units

5807

13 An offence against s. 63(1) constituted by a failure to comply with Marine Safety Regulations 2012 reg. 63(2)(d)

Breach prescribed condition of safe construction certificate by failing to ensure certificate is displayed

5 penalty units

5838

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14 s. 67(1) Being an owner of a commercially operated vessel, operate the vessel, or cause or allow the vessel to be operated, without safe operation certificate

10 penalty units

5808

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

15 s. 67(2) Being master of a commercial vessel, operate the vessel, or cause or allow the vessel to be operated, without safe operation certificate

5 penalty units

5809

16 s. 73(1) Employ or engage person to act as master or crew member on a commercial vessel if person does not have a certificate of competency

5 penalty units

2344

17 s. 73(2) Being an owner of a commercial vessel, cause or allow vessel to be operated when not crewed in accordance with the regulations

5 penalty units

2345

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18 s. 74 Act as master or crew member on a commercial vessel without a certificate of competency

5 penalty units

2343

19 An offence against s. 197 constituted by a failure to comply with cl. 2(a) of the Notice

Operate a vessel at a speed exceeding 5 knots within 50 metres of a person

2 penalty units

2257

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

20 An offence against s. 197 constituted by a failure to comply with cl. 2(b) of the Notice

Operate a vessel at a speed exceeding 5 knots within 100 metres of a dive flag

2 penalty units

2258

21 An offence against s. 197 constituted by a failure to comply with cl. 2(c) of the Notice

Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel

2 penalty units

2259

22 An offence against s. 197 constituted by a failure to comply with cl. 3 of the Notice

Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure

2 penalty units

2261

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23 An offence against s. 197 constituted by a failure to comply with cl. 4(a) of the Notice

Operate a vessel at a speed exceeding 5 knots within 200 metres of the water's edge except in an access lane

2 penalty units

5793


Operate a vessel at a speed exceeding 5 knots within 50 metres of a wharf or similar structure except in an access lane

2 penalty units

5794

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code


Operate a vessel at a speed exceeding 5 knots when passing through an anchorage for small craft

2 penalty units

5795

26 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(a) of the Notice

Operate a vessel towing a water-skier at greater than 5 knots and depart from or return to the shore other than through an access lane

2 penalty units

5796

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27 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(b) of the Notice

Engage in water-skiing at greater than 5 knots and depart from or return to the shore other than through an access lane

2 penalty units

5797

28 An offence against s. 197 constituted by a failure to comply with cl. 6(2) of the Notice

Use an access lane other than for a purpose specified in cl. 6(2) of the Notice

2 penalty units

5798

29 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(a) of the Notice

Operate a vessel in an access lane at a speed greater than reasonably required

2 penalty units

5801

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

30 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(b) of the Notice

Operate a vessel in an access lane and fail to remove or beach vessel and secure equipment

2 penalty units

5802

31 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(c) of the Notice

Operate a vessel in an access lane and fail to keep right or left as required

2 penalty units

5803

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32 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(d) of the Notice

Operate a vessel in an access lane and fail to give way

2 penalty units

5804


Operate a vessel at a speed exceeding the speed limit specified in the Notice for the area of water

2 penalty units

2264


Enter prohibited area towing water-skier or when water-skiing

2 penalty units

2265

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code


Operate a vessel in a prohibited area

2 penalty units

2266

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Operate a vessel with an engine in a prohibited area

2 penalty units

2267


Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone

2 penalty units

2268


Operate a vessel or engage in an activity in a prohibited area of water

2 penalty units

2270


Use waters contrary to conditions of use specified in the Notice

2 penalty units

2271

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

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Operate a vessel with an engine in a direction other than as permitted by the Notice in inland waters

2 penalty units

2269


Fail to give way to another vessel when departing from shore on a vessel with an engine

2 penalty units

2272


Bathe within 50 metres of a launching ramp being used or about to be used or an access lane

2 penalty units

2298


Operate a sailboard in contravention of cl. 17 of the Notice

2 penalty units

2260


Operate a vessel towing more than 3 water-skiers

2 penalty units

5805

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code


Operate a vessel towing a water-skier between one hour after sunset and one hour before sunrise

2 penalty units

5806


Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below that complies with the Notice

2 penalty units

2300


Engage in diving without a buoy or flag displayed that complies with the Notice

2 penalty units

2301

48 An offence against s. 197 constituted by a failure to comply with cl. 23A of the Notice

Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post

2 penalty units

2316

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49 An offence against s. 197 constituted by a failure to comply with cl. 23B of the Notice

Allow vessel to be anchored in a channel that is marked with beacons or buoys

2 penalty units

2317

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

Marine Safety Regulations 2012

50 reg. 24(2) As owner of a registered recreational vessel, fail to fix registration label on vessel in conspicuous position

1 penalty unit

2254

51 reg. 24(3) As owner of a registered recreational vessel that is not a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel

2 penalty units

5810

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52 reg. 24(5) As owner of a registered recreational vessel that is a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel

2 penalty units

5811

53 reg. 24(7) Act as master of a registered vessel without identification mark displayed

2 penalty units

2255

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

54 reg. 89 Fail to carry certificate of competency or certified copy of certificate while acting as master or crew member of commercial vessel

1 penalty unit

2346

55 reg. 91(1) As master of a recreational vessel or hire and drive vessel, permit vessel to be fuelled at a wharf, jetty or pier with passengers on board

2 penalty units

2289

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56 reg. 91(2) As master of a recreational vessel or hire and drive vessel, permit recreational vessel or hire and drive vessel to be restarted after being fuelled at a wharf, jetty or pier with passengers on board

2 penalty units

5813

57 reg. 92(1) Act as master of an overloaded recreational vessel or hire and drive vessel

2 penalty units

2293

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

58 reg. 93 Act as master of a recreational vessel or hire and drive vessel with overloaded flybridge

2 penalty units

5814

59 reg. 94(1) As master of a hire and drive vessel, permit vessel to go outside limits specified in safe operation certificate

2 penalty units

2326

60 reg. 95 As master of a vessel, tow a person without using an observer

2 penalty units

5812

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61 reg. 96(1) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment

125 penalty units

5756 (compasses)

5757 (buckets with lanyards)

5759 (red star parachute distress rockets)

5765 (dinghies or life rafts)

5753 (anchors, chains or lines)

5760 (hand-held orange smoke signals)

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

5761 (hand-held red distress flares)

5754 (electric or manual bilge pumping systems)

5755 (bailers)

5762 (oars, rowlocks or paddles)

5763 (waterproof buoyant torches)

5764 (lifebuoys)

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62 reg. 96(2) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment

2 penalty units

2340 (EPIRB)

5758 (marine radios)

5752 (personal flotation devices)

63 reg. 96(3) Act as master of a recreational vessel in enclosed waters if vessel is not equipped with sufficient quantity of particular items of equipment

125 penalty units

5753 (anchors, chains or lines)

5760 (hand-held orange smoke signals)

5761 (hand-held red distress flares)

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code


5755 (bailers)



5764 (lifebuoys)

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64 reg. 96(4), reg. 96(6)

Act as master of a recreational vessel in enclosed or inland waters if vessel is not equipped with sufficient quantity of particular items of equipment

2 penalty units

5752 (personal flotation devices)

65 reg. 96(5) Act as master of a recreational vessel in inland waters if vessel is not equipped with sufficient quantity of particular items of equipment

125 penalty units


5755 (bailers)


Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code


5764 (lifebuoys)

66 reg. 97(1)(a) As master of a recreational vessel, fail to ensure that the vessel has the required number of portable fire extinguishers

125 penalty units

5766

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67 reg. 97(1)(b) As master of a recreational vessel, fail to ensure that the vessel has a portable fire extinguisher that has the required minimum nominal capacity

125 penalty units

5767

68 reg. 98(3) As master of a recreational vessel, fail to keep portable fire extinguishers in separate positions on vessel

125 penalty units

5770

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

69 reg. 99(2) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been maintained as required

125 penalty units

5768

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70 reg. 99(3) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been serviced as required

125 penalty units

5769

71 reg. 100(1), reg. 100(2), reg. 100(3)

Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of 48 metres or less in length that is underway

2 penalty units

5771

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

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72 reg. 101(1) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e)

Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 48 metres in length that is underway on coastal waters

2 penalty units

5815


Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 48 metres in length that is underway on enclosed waters

2 penalty units

5816


Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 48 metres in length that is underway on inland waters

2 penalty units

5817

Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

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75 reg. 102(1), reg. 102(2), reg. 102(3)

Fail to ensure that person under 10 years of age in open area of recreational vessel or hire and drive vessel underway wears required personal flotation device

2 penalty units

5772

76 reg. 103 Fail to wear required personal flotation device while being towed by vessel

2 penalty units

5773

77 reg. 104(1) As master of a recreational vessel or hire and drive vessel, cause or allow vessel to be operated when persons on board are not wearing required personal flotation devices

2 penalty units

5774

78 reg. 104(2) As master of a recreational vessel, cause or allow vessel to tow a person not wearing required personal flotation device

2 penalty units

5775

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

79 reg. 110(1), reg. 110(2), reg. 110(3), reg. 110(4), reg. 110(5), reg. 110(6), reg. 110(7), reg. 110(8), reg. 110(9)

As master, fail to ensure that vessel displays required navigation lights

2 penalty units

5818

80 reg. 111(1) As master, fail to ensure that vessel keeps to right of channel

2 penalty units

5819

81 reg. 111(2) As master, fail to ensure that vessel keeps out of the way of a vessel that can only safely navigate in a channel

2 penalty units

5820

82 reg. 112(1) As master of a power-driven vessel, fail to ensure vessel keeps out of the way

2 penalty units

5821

83 reg. 112(2) As master of a sailing vessel, fail to ensure vessel keeps out of the way

2 penalty units

5822

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

Port Services (Local Ports) Regulations 2004

84 reg. 206 As master, moor vessel in a prohibited mooring area

1 penalty unit

5823

85 reg. 207 As master, berth vessel in a prohibited berthing area

1 penalty unit

5824

86 reg. 208(1) As master, moor vessel in a regulated mooring area without an authority

1 penalty unit

5825

87 reg. 209(1) As master, berth vessel in a regulated berthing area without an authority

1 penalty unit

5826

88 reg. 210(1) As master, moor vessel in a regulated mooring area for a period exceeding the specified period

1 penalty unit

5827

89 reg. 210(2) As master, moor vessel in a regulated mooring area at a time other than the specified period

1 penalty unit

5828

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

90 reg. 211(1) As master, berth vessel in a regulated berthing area for a period exceeding the specified period

1 penalty unit

5829

91 reg. 211(2) As master, berth vessel in a regulated berthing area at a time other than the specified period

1 penalty unit

5830

92 reg. 300(1) Install a mooring in a local port

1 penalty unit

5831

93 reg. 301(1) As master, allow vessel to be berthed or moored in unrestricted berthing or mooring area for a continuous period exceeding 48 hours without an authority

1 penalty unit

5832

94 reg. 400 Leave vehicle standing in a local port

1 penalty unit

5833

95 reg. 531(3) Fail to comply with direction that vessel be moved

1 penalty unit

5834

96 reg. 532(3) Fail to comply with direction that vehicle be moved

1 penalty unit

5835

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Column 1

Item number

Column 2

Prescribed offence

Column 3


Column 4


Column 5

Code

Marine (Drug, Alcohol and Pollution Control) Act 1988

97 s. 28(1)(b) Being a person not under the age of 21 years who operates a vessel underway with a blood or breath alcohol level of 005 or more but less than 010

3 penalty units

2338

98 s. 28(1)(b) Being a person not under the age of 21 years who operates a vessel underway with a blood or breath alcohol level of 010 or more but less than 015

3 penalty units

2339

".═══════════════

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ENDNOTES

Endnotes S.R. No. 55/2012


30

1 Reg. 4: S.R. No. 4/2010 as amended by S.R. Nos 41/2010, 133/2010, 24/2011, 76/2011 and 105/2011.

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