Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Marine Safety Act 1998.
JOSEPH TRIPODI, M.P.,Minister for Ports and Waterways
1 Name of Regulation
This Regulation is the Marine Safety Regulation 2008.
2 Commencement
This Regulation commences on 1 September 2008.Note—This Regulation replaces the Marine Safety Regulation 2003 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:the Act means the Marine Safety Act 1998.(2) Notes included in this Regulation do not form part of this Regulation.
4 Penalty notice offences
(1) For the purposes of section 126 of the Act:(a) an offence specified in Column 1 of Schedule 1 (being an offence under the Act or the Regulation indicated in the heading to the relevant part of that Schedule) is a prescribed offence, and(b) an amount shown in Column 2 of Schedule 1 opposite the prescribed offence is the amount of penalty prescribed for the offence if that offence is dealt with under section 126 of the Act.(2) If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.(3) For the purposes of section 126 (9) of the Act, authorised officers are prescribed as a class of persons who are law enforcement officers in relation to the offences specified in Column 1 of Schedule 1.
5 Transitional provision: references to marine safety licences
A reference, in any provision of the Act that has commenced, to a marine safety licence includes, until such time as Part 4 of the Act commences, a reference to a registration, licence, certificate or other authority in force under any Act or regulation specified in Schedule 2 to the Act.
6 Saving
Any act, matter or thing that, immediately before the repeal of the Marine Safety Regulation 2003, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
(Clause 4)
Column 1 | Column 2 |
Offences under the Marine Pollution Regulation 2006 | |
Clause 23 (2) | $750 |
Clause 26 (1) | $750 |
Clause 26 (2) | $750 |
Clause 27 (2) | $750 |
Clause 27 (3) | $750 |
Clause 28 (1) | $750 |
Clause 28 (2) | $750 |
Clause 29 (1) | $750 |
Clause 29 (2) | $300 |
Clause 29 (3) | $300 |
Clause 29 (4) | $300 |
Clause 32 (3) | $750 |
Clause 33 | $300 |
Clause 34 (1) | $750 |
Clause 34 (2) | $750 |
Clause 35 | $750 |
Clause 36 (3) | $750 |