Marine and Safety (Safe Operation) Regulations 2003

Marine and Safety (Safe Operation) Regulations 2003

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 .

RICHARD BUTLER

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Marine and Safety (Safe Operation) Regulations 2003 .

2.   Commencement

These regulations take effect on 1 January 2004.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Marine and Safety Authority Act 1997 ;

alarm means a distress signal, safety signal or urgency signal;

approved means approved by MAST;

authorised person means a person who –

(a) is appointed under section 44 of the Act for the purposes of these regulations; or

(b) is a member of a class of persons appointed under section 44 of the Act for the purposes of these regulations;

class, for a vessel, means its class according to the classification system under clause 5 of the Marine and Safety (Vessel Safety Standards) By-Laws 2000;

commercial purpose, in relation to the operation of a vessel, means operating the vessel (other than as a punt) –

(a) for any valuable consideration; or

(b) as, or in connection with, a business; or

(c) as, or in connection with, a transport or ferry service provided for the benefit of paying or non-paying passengers; or

(d) for research; or

(e) in connection with tourist accommodation; or

(f) in connection with any other kind of commercial transaction;

commercial vessel means a vessel that is operated for a commercial purpose;

crew means all of the persons carried on a vessel for the purposes of –

(a) commanding the vessel; and

(b) operating and maintaining the vessel; and

(c) providing services to other persons on the vessel;

defect, in an SMP, includes any error, oversight, inaccuracy or ambiguity in the SMP;

distress signal means a signal listed in Annex 4 to the "International Regulations for Preventing Collisions at Sea" issued by the IMO and as amended from time to time (which list includes the signal commonly known as "mayday");

emergency, for a vessel, means the occurrence of any, or any combination of, the following:

(a) a death or injury (caused by the vessel);

(b) a death or injury on (but not caused by) the vessel;

(c) the loss of a person from the vessel;

(d) an on-board medical emergency;

(e) a collision with an object or another vessel;

(f) a grounding, sinking, flooding or capsizing of the vessel;

(g) the discovery that another vessel requires assistance;

(h) an on-board fire;

(i) a loss of stability;

(j) a propulsion failure;

(k) a structural failure in the hull or superstructure;

(l) the giving (other than for testing or training purposes) of the emergency muster station signal;

(m) the giving (other than for testing or training purposes) of the "abandon ship" signal;

(n) the materialisation of a risk that, on account of its design, cargo or operations, is peculiar to that particular vessel;

emergency muster station means a place where some or all of the persons on a vessel are to assemble in an emergency;

IMO means the entity known as the International Maritime Organisation;

induce means induce by means of a threat or reward;

length, of a vessel, means its measured length within the meaning of the NSCV;

limited coast station has the same meaning as in the Marine and Safety (Radio) By-Laws 2003 published in the Gazette of 2 April 2003;

MAST means the Marine and Safety Authority established under section 4 of the Act;

notice means notice in writing;

NSCV means the National Standard for Commercial Vessels published by the National Marine Safety Committee, as amended from time to time;

operate, for a vessel, includes navigate the vessel;

passengers means all of the persons on a vessel other than –

(a) its master, other crewmembers or special personnel; and

(b) children who have not attained the age of one year;

passenger vessel means a commercial vessel that carries passengers, whether on a regular or occasional basis, other than a class 4 vessel in respect of which a hire and drive licence or training vessel licence under the Marine and Safety (Vessel Safety Standards) By-Laws 2000 is in force;

port means a place where a vessel berths, whether or not the place is a recognised port;

prescribed fee, for any matter, means the fee prescribed for that matter in Schedule 1 ;

qualified, for a member of a vessel's crew, means qualified by virtue of one or more of the following:

(a) academic attainment;

(b) vocational training;

(c) a certificate of competency;

Radio Regulations means the "Radio Regulations" adopted by the entity known as the World Radiocommunication Conference and as amended from time to time;

responsible person, for a matter relating to a vessel under these regulations, means –

(a) its owner; or

(b) if, in writing, its owner appoints its master or another person to be the responsible person for that matter and the master or other person consents to the appointment, the person so appointed;

safe, in relation to the operation of a vessel, means operating the vessel without –

(a) endangering any person; or

(b) endangering the vessel or another vessel; or

(c) harming the environment; or

(d) destroying or damaging property;

safety signal means a safety message as defined in the Radio Regulations (being the safety message commonly known as a "securite");

sheltered waters means sheltered waters as specified in Schedule 2 to the Marine and Safety (Definition of Operational Areas) By-Laws 2003;

short-route ferry means a passenger vessel that –

(a) provides a regular ferry service; and

(b) makes more than one voyage on each day it operates on that ferry service;

SMP means safety management plan;

special personnel means the persons on a vessel (other than crewmembers, passengers or children who have not attained the age of one year) who are capable of assisting the crew to operate the vessel if required and –

(a) are carried in connection with the special purposes of the vessel or because of special work being performed on the vessel; and

(b) have knowledge of safety procedures and handling of safety equipment on the vessel;

support staff, of a vessel, means shore-based employees of its owner or charterer who have responsibilities in relation to the vessel and its operations;

urgency signal means an urgency signal as defined in the Radio Regulations (being the signal commonly known as "pan pan").

4.   Regulations apply only to commercial vessels

These regulations apply only to commercial vessels that are not class 4 vessels in respect of which a hire and drive licence or training licence under the Marine and Safety (Vessel Safety Standards) By-Laws 2000 is in force.

PART 2 - Basic safety obligations

5.   Basic safety obligations of owners as regards vessel operations

(1)  The owner of a vessel must not cause or allow it to operate for a commercial purpose that the vessel is not capable of undertaking safely.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Except as may be necessitated by an emergency, the owner of a vessel must not cause or allow it to operate in conditions that the vessel is not capable of handling safely.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subregulation (2) for the defendant to show that –

(a) the offence would not have been committed but for an unforeseen, and reasonably unforeseeable, change in conditions that occurred after the vessel began the relevant operation; and

(b) it was not practicable in the circumstances to stop the vessel operating after that change in conditions occurred.

6.   Owners and their servants must respect operational safety orders given by masters

The owner of a vessel, or an agent or employee of the owner of a vessel, must not –

(a) order or induce any member of its crew to disobey or disregard an order given by the vessel's master for its safe operation; or

(b) give any member of its crew an order that countermands an order given by the vessel's master for its safe operation.

Penalty:  Fine not exceeding 50 penalty units.

7.   Basic safety obligations of masters as regards vessel operations

(1)  The master of a vessel must not operate it, or cause or allow it to operate, for a commercial purpose that the vessel is not capable of undertaking safely.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Except as may be necessitated by an emergency, the master of a vessel must not operate it, or cause or allow it to operate, in conditions that the vessel is not capable of handling safely.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subregulation (2) for the defendant to show that –

(a) the offence would not have been committed but for an unforeseen, and reasonably unforeseeable, change in conditions that occurred after the vessel began the relevant operation; and

(b) it was not practicable in the circumstances to stop the vessel operating after that change in conditions occurred.

8.   Basic safety obligations of masters as regards crew safety

(1)  Except as may be necessitated by an emergency, the master of a vessel must not order a member of its crew to perform a task that the crewmember is not qualified to perform.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a vessel must ensure that, as soon as practicable after new crewmembers first join the vessel, they are given sufficient initial instruction and training in relation to their expected normal duties and emergency duties to enable them to do those duties safely.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Except as may be necessitated by an emergency, the master of a vessel must ensure that every member of its crew (including the master) has adequate periods off-duty.

Penalty:  Fine not exceeding 50 penalty units.

(4)  For the purposes of subregulation (3) , the master of a vessel is taken to have provided a crewmember with adequate periods off-duty if the crewmember has at least 10 hours off-duty in each 24-hour period, taken –

(a) as a single off-duty period; or

(b) as 2 off-duty periods, one of which is at least 6 hours long.

(5)  Despite subregulation (4) , the off-duty period may be reduced to not less than 6 hours in a 24-hour period for up to 2 consecutive days if the crewmember concerned is given at least 70 hours off-duty in each 7-day period.

9.   Basic safety obligations of crewmembers

(1)  A member of a vessel's crew must not, without reasonable excuse, fail to comply with an order that he or she is given by a more senior crewmember for the safe operation of the vessel.

Penalty:  Fine not exceeding 40 penalty units.

(2)  Except as may be necessitated by an emergency, a member of a vessel's crew must ensure that he or she gets enough rest during an off-duty period to avoid being adversely affected by fatigue during the period when he or she is next expected to be on duty.

Penalty:  Fine not exceeding 40 penalty units.

(3)  A member of a vessel's crew must ensure that he or she does not, through the consumption of alcohol or drugs in an off-duty period, become incapable of discharging his or her duties safely and competently during the period when he or she is next expected to be on duty.

Penalty:  Fine not exceeding 40 penalty units.

PART 3 - Emergency procedures

Division 1 - Emergency preparedness

10.   Assignment of emergency duties

(1)  Subject to subregulation (2) , the master of a vessel must ensure that each member of its crew is –

(a) assigned emergency duties (being the duties that the crewmember will be required to perform in each kind of emergency that may reasonably be expected to occur on or in relation to the vessel); and

(b) made aware of those emergency duties.

Penalty:  Fine not exceeding 30 penalty units.

(2)  Subregulation (1) does not apply if the master is the vessel's only crewmember.

11.   Assignment of emergency muster stations

(1)  Subject to subregulation (2) , the master of a vessel must ensure that each member of its crew and, if applicable, each of its passengers is assigned an emergency muster station.

Penalty:  Fine not exceeding 30 penalty units.

(2)  Subregulation (1) does not apply if, because of its smallness or design, the vessel has only one practicable muster station.

12.   Assignment of survival craft

(1)  Subject to subregulation (2) , the master of a vessel must ensure that each member of its crew and, if applicable, each of its passengers is assigned a survival craft.

Penalty:  Fine not exceeding 30 penalty units.

(2)  Subregulation (1) does not apply if, because of its smallness or design, the vessel is equipped with only one survival craft or is not capable of being equipped with any survival craft.

13.   Emergency muster lists

(1)  In this regulation,

emergency muster list, for a vessel, means a list that, in plain English –

(a) indicates the location of each emergency muster station and identifies which persons are assigned to which station; and

(b) describes the signal for requiring persons to go to their emergency muster station; and

(c) indicates the location of each survival craft and identifies which persons are assigned to which survival craft; and

(d) specifies, if regulation 10(1) applies to the vessel, the emergency duties assigned to each crewmember pursuant to that regulation; and

(e) if the vessel has 4 or more berths, indicates the location of each cabin; and

(f) describes the signal for requiring persons to prepare to "abandon ship" (if that signal is different to the signal that requires persons to go to their emergency muster station).

(2)  Subject to subregulation (3) , the master of a vessel must ensure that an emergency muster list is drawn up for the vessel.

Penalty:  Fine not exceeding 30 penalty units.

(3)  An emergency muster list that is drawn up for a vessel pursuant to subregulation (2) need not contain –

(a) the particulars referred to in paragraphs (a) and (b) of the definition of emergency muster list in subregulation (1) if, because of its smallness or design, the vessel has only one practicable muster station; or

(b) the particulars referred to in paragraph (c) of that definition if, because of its smallness or design, the vessel is equipped with only one survival craft or is not capable of being equipped with any survival craft.

(4)  The master of a vessel must ensure that copies of the emergency muster list drawn up for the vessel pursuant to subregulation (2) are displayed as follows:

(a) if the vessel has berths for passengers or berths for more than 4 crewmembers, one copy in a conspicuous position in each cabin and one copy in a conspicuous position in each area of the vessel that is in common use;

(b) if it is another kind of vessel, one copy in a conspicuous position in each area of the vessel that is in common use.

Penalty:  Fine not exceeding 30 penalty units.

14.   Emergency preparedness training

(1)  The master of a vessel must, through regular crew training, ensure that every member of its crew becomes and remains familiar with the procedures that are to be followed on the vessel in an emergency.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a vessel must, through regular crew training, ensure that every member of its crew becomes and remains familiar with –

(a) the procedure for launching and retrieving the vessel's survival craft; and

(b) the operation of the vessel's survival equipment; and

(c) the operation of the vessel's fixed and portable firefighting equipment; and

(d) the operation of the vessel's fixed and portable emergency equipment.

Penalty:  Fine not exceeding 50 penalty units.

Division 2 - Emergency awareness and communications

15.   Emergency safety signs

(1)  In this regulation,

emergency device includes remote closing valve, fan damper, remote fan stop button and remote pump stop button.

(2)  The master of a vessel must ensure that the presence and location of each of the following things on the vessel is clearly indicated by a conspicuous sign displayed at, on or next to that thing:

(a) an emergency exit;

(b) an emergency muster station;

(c) a piece of firefighting equipment;

(d) a piece of survival equipment;

(e) an emergency device.

Penalty:  Fine not exceeding 30 penalty units.

16.   Informing passengers about basic emergency procedures

(1)  In this regulation,

basic emergency safety information means information on at least the following as it relates to a particular vessel:

(a) where the life jackets are located;

(b) how to put life jackets on (both child and adult);

(c) where the emergency and other exits are located;

(d) if there is more than one survival craft, which survival craft are assigned to which passengers and the location of each survival craft (by assignment);

(e) if there is more than one practicable emergency muster station, where the passengers or particular passengers should assemble in an emergency and the signal for requiring them to do so;

(f) how the passengers should alert the crew to any emergency.

(2)  The master of a passenger vessel must ensure that, throughout a voyage, its passengers can learn about the vessel's basic emergency safety information from  either or both of the following:

(a) signs that are conspicuously displayed in those parts of the vessel that passengers usually frequent in common;

(b) portable leaflets or brochures, written in plain English, that are made conspicuously and freely available in those parts of the vessel that passengers usually frequent in common.

Penalty:  Fine not exceeding 30 penalty units.

(3)  The master of a passenger vessel, other than a short-route ferry, must ensure that, before or immediately after leaving port, its passengers are provided with the vessel's basic emergency safety information by means of an announcement, practical demonstration or audio-visual presentation (or by any combination of those means).

Penalty:  Fine not exceeding 30 penalty units.

17.   Emergency signalling systems

(1)  The owner of a vessel must ensure that it is fitted with a signalling device that is capable of transmitting an easily heard signal to every part of the vessel that people are likely to occupy when the vessel is under way or in port.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The owner of a vessel is not required to comply with subregulation (1) if, by reason of the vessel's size or design, spoken safety instructions given by its crew would be capable of being easily heard throughout the vessel, in all reasonably foreseeable operating conditions, without artificial amplification.

(3)  The master of a vessel that is fitted with a signalling device under subregulation (1) must ensure that the device is –

(a) kept in good working order; and

(b) tested at least once in each calendar month and, unless the vessel is a short-route ferry, at least once before each voyage.

Penalty:  Fine not exceeding 30 penalty units.

(4)  The master of a vessel that is fitted with a signalling device under subregulation (1) may, if the device is capable of transmitting signals of differing length, designate –

(a) 7 short signal transmissions followed by one long signal transmission as the emergency muster station signal; and

(b) one short signal transmission followed by one long signal transmission (repeated at least 3 times in quick succession) as the "abandon ship" signal.

(5)  The master of a vessel that is fitted with a signalling device under subregulation (1) must take reasonable steps to ensure that every person who may be on board the vessel at any time knows –

(a) which of the signals transmitted by the signalling device is the emergency muster station signal for that vessel and, if applicable, which of those signals is the "abandon ship" signal; and

(b) that, except in the case of a signal announced beforehand as being a demonstration given for the purposes of paragraph (a) , or a test carried out for the purposes of subregulation (3)(b) , the person must immediately go to their assigned emergency muster station if the emergency muster station signal is sounded.

Penalty:  Fine not exceeding 30 penalty units.

18.   Communications systems

(1)  The owner of a vessel must ensure that it is fitted with a communications system that enables spoken safety instructions given by its crew to be transmitted to, and easily heard in, every part of the vessel that people are likely to occupy when the vessel is under way or in port.

Penalty:  Fine not exceeding 30 penalty units.

(2)  The owner of a vessel is not required to comply with subregulation (1) if, by reason of the vessel's size or design, spoken safety instructions given by its crew would be capable of being easily heard throughout the vessel, in all reasonably foreseeable operating conditions, without artificial amplification.

(3)  The master of a vessel that is fitted with a communications system under subregulation (1) must ensure that the system –

(a) is kept in good working order; and

(b) is tested at least once in each calendar month and, unless the vessel is a short-route ferry, at least once before each voyage.

Penalty:  Fine not exceeding 30 penalty units.

19.   False alarms, &c.

(1)  A person on a vessel must not give a false alarm.

Penalty:  Fine not exceeding 30 penalty units.

(2)  A person is not guilty of an offence under subregulation (1) if –

(a) with the prior approval of MAST, he or she gives a false alarm in the course of maritime safety training; and

(b) he or she is complying with the conditions, if any, of the approval.

(3)  Without limiting its discretion for the purposes of subregulation (2) , MAST may make its approval subject to a condition that a person proposing to give a false alarm for maritime safety training purposes must do either or both of the following:

(a) cause appropriate warning notices to be given through specified news media;

(b) pay or contribute to the cost of appropriate warning notices by MAST through specified news media.

(4)  The master of a vessel on or from which a false alarm has been accidentally given must –

(a) instantly alert MAST, Australian Search and Rescue ("AusSAR") or a police officer to the falsity of the alarm using whatever electronic communications equipment is available on the vessel; or

(b) if the vessel is not fitted with electronic communications equipment, alert MAST, Australian Search and Rescue ("AusSAR") or a police officer to the falsity of the alarm by the speediest practicable means.

Penalty:  Fine not exceeding 30 penalty units.

Division 3 - Special emergencies

20.   Obligation of master if vessel has to be abandoned

The master of a vessel that is being abandoned must ensure that, if practicable –

(a) all persons on board the vessel are given enough warning to enable them to reach their assigned survival craft; and

(b) the vessel's propellor shafts are brought to a standstill before any person gets off the vessel.

Penalty:  Fine not exceeding 50 penalty units.

21.   Obligation of master to assist vessels in distress

(1)  In this regulation,

give assistance, to a vessel in distress, means do such one or more of the following as may be required in the circumstances:

(a) stand by the vessel while assessments of damage are made or until conditions become suitable to effect a rescue or give other assistance;

(b) help the vessel's crew to secure the vessel and make it safe;

(c) pass emergency, safety, rescue or repair equipment over to the vessel;

(d) rescue any of the vessel's crew or passengers who may have been swept overboard or be in survival craft;

(e) rescue the vessel's crew and passengers if they have to abandon ship;

(f) take the vessel in tow;

(g) stand by the vessel to keep marine and rescue organisations informed of conditions and developments or to coordinate rescue activities.

(2)  The master of a vessel who becomes aware that another vessel is in distress must –

(a) immediately go to the assistance of the other vessel; and

(b) on reaching the other vessel's position, give assistance to that vessel.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subregulation (2) for the defendant to show that, at the relevant time –

(a) complying with the subregulation would have put his or her own vessel in unreasonable danger; or

(b) he or she believed on reasonable grounds that another vessel was better placed to go to the assistance of the vessel in distress, that the other vessel was in fact moving to give that assistance and that he or she could not have given any useful further assistance; or

(c) he or she believed on reasonable grounds that the vessel in distress was already being given, or would imminently be given, sufficient assistance from other vessels or persons or from aircraft; or

(d) he or she was reliably advised that another vessel had already gone to the assistance of the vessel in distress and that the assistance of his or her own vessel was not required; or

(e) after starting to comply with the subregulation, he or she was reliably advised that assistance was no longer required; or

(f) after he or she started to comply with the subregulation, the vessel in distress cancelled all distress signals.

PART 4 - Safe operations

22.   Listening watches to be kept by radio-equipped vessels

(1)  In this regulation –

HF means high frequency;

listening watch means monitoring a radio frequency;

VHF means very high frequency.

(2)  The master of a vessel that is required by MAST to be fitted with a VHF radio must ensure that, whenever the vessel is under way, a constant listening watch is maintained on channel 16 in the marine VHF band.

Penalty:  Fine not exceeding 30 penalty units.

(3)  The master of a vessel that is required by MAST to be fitted with an HF radio must ensure that, whenever it is practicable to do so while the vessel is under way, a listening watch is maintained on the frequency of 4125 kHz, 6215 kHz or 8291 kHz.

Penalty:  Fine not exceeding 30 penalty units.

23.   "Securite" warning to be given of new navigational hazards

(1)  If the master of a vessel fitted with a radio discovers an actual or potential danger to navigation in an area where the vessel is operating, he or she must immediately give warning of the danger by means of a safety signal to –

(a) other vessels in or entering the area; and

(b) limited coast stations in the area.

Penalty:  Fine not exceeding 50 penalty units.

(2)  It is a defence to a prosecution under subregulation (1) for the defendant to show that he or she reasonably believed that –

(a) the danger was immobile and so conspicuous that it could not reasonably go unnoticed, in sufficient time to enable evasive measures to be taken, by other mariners under any conditions; or

(b) at the relevant time, limited coast stations and other vessels in the area had already received accurate warning of the danger from another source.

24.   Safety requirements for doing hazardous work

(1)  In this regulation,

hazardous work, on a vessel, includes but is not limited to –

(a) work done at heights; and

(b) work done in a confined space; and

(c) work done on the outside hull; and

(d) work done on an exposed deck in heavy weather; and

(e) work done anywhere when the vessel is in icy conditions or there is limited visibility; and

(f) work around, or involving the moving of, heavy movable objects; and

(g) work involving hazardous goods or substances; and

(h) work, such as welding, involving the use of flame or extreme heat; and

(i) work involving the use of pressurised spraying equipment; and

(j) work involving submersion.

(2)  Except as may be necessitated by an emergency, the master of a vessel must not cause or allow a member of its crew to do hazardous work on the vessel unless –

(a) the crewmember is qualified to do the work; and

(b) the crewmember has been supplied with the necessary safety equipment for the work; and

(c) there is a contingency plan for helping or rescuing the crewmember if he or she gets into difficulties; and

(d) the human and material resources needed to execute the contingency plan are on hand; and

(e) the crewmember is adequately supervised and monitored while the work is carried out; and

(f) the supervisors and monitors are conversant with the contingency plan.

Penalty:  Fine not exceeding 50 penalty units.

25.   Testing requirements for vessel operating systems

(1)  In this regulation –

communication system means the communication system that links a vessel's helm position to the places where the controls are located;

controls means the controls for a vessel's engine, gearbox or propellor;

emergency operating system, of a vessel, means each of the following:

(a) the steering system used on the vessel if the primary steering system fails;

(b) the controls used on the vessel if the primary controls, or any of them, fail;

(c) the communication system used on the vessel if the primary communication system fails;

primary communication system means the communication system used on a vessel when engaged in normal operations;

primary controls means the controls used on a vessel when engaged in normal operations;

primary steering system means the steering system used on a vessel when engaged in normal operations.

(2)  The master of a vessel must ensure that each of its emergency operating systems is tested at intervals not exceeding 3 months.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The master of a vessel must ensure that its primary steering system, primary controls and primary communication system are in good working order –

(a) before it berths at or leaves a port; and

(b) before it enters waters where its freedom of navigation will be physically restricted.

Penalty:  Fine not exceeding 50 penalty units.

(4)  The master of a short-route ferry is not guilty of an offence under subregulation (3) if –

(a) the ferry is plying its usual route; and

(b) the systems and controls referred to in that subregulation are each tested at least once a day.

26.   Watertight integrity checks

(1)  In this regulation,

opening, on a vessel, includes –

(a) an external door or ramp; and

(b) an external porthole or window; and

(c) an exhaust or ventilation shaft; and

(d) a hatch.

(2)  The master of a vessel must ensure that all openings that are critical to the vessel's watertight safety are shut before it leaves any port.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The master of a vessel must ensure that, after leaving port, no openings that are critical to the vessel's watertight safety are opened except –

(a) for the purposes of allowing necessary crew movements; or

(b) on the orders of a crewmember having the authority to give such orders.

Penalty:  Fine not exceeding 50 penalty units.

27.   Directions to operate vessels at safe speeds

(1)  MAST or an authorised person may, by notice –

(a) direct the master of a particular vessel not to cause or allow it to operate at a speed greater than that specified in the notice; or

(b) direct the master of each vessel of a particular class not to cause or allow such a vessel to operate at a speed greater than that specified in the notice.

(2)  A direction contained in a notice under subregulation (1) may be of limited or general application.

(3)  The master of a vessel must comply with a direction under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

28.   Vessels not to be operated in unsafe waters

(1)  In this regulation,

designated means designated –

(a) on navigation charts issued by the Australian Hydrographic Service or an international hydrographic service; or

(b) in notices to mariners issued by MAST.

(2)  Except as may be necessitated by an emergency, the master of a vessel must ensure that it does not operate in waters that are designated as –

(a) being unsafe or unsuitable for that vessel, or vessels of its class, to navigate; or

(b) waters in which that vessel, or vessels of its class, are not permitted to navigate.

Penalty:  Fine not exceeding 50 penalty units.

29.   Minimum crew levels for passenger vessels

(1)  In this regulation –

minimum number, of qualified crew for a vessel that is carrying passengers, means –

(a) at least 2 (or, where the master is the only crewmember, one) if the number of passengers does not exceed 40; and

(b) at least 3 if the number of passengers exceeds 40 but does not exceed 100; and

(c) at least 4 if the number of passengers exceeds 100 but does not exceed 180; and

(d) an approved number (no lower than 4) if the number of passengers exceeds 180;

qualified crew means those members of a vessel's crew who hold –

(a) a Certificate of Elements of Shipboard Safety as defined in the NSCV Part D Annex D4 or a qualification that MAST determines to be the equivalent of that certificate; and

(b) a first aid qualification as defined in the NSCV Part D Annex D2 or a qualification that MAST determines to be the equivalent of those first aid qualifications.

(2)  The owner of a vessel must not cause or allow the vessel to operate with passengers on board unless the minimum number of qualified crew are also on board the vessel at the same time.

Penalty:  Fine not exceeding 50 penalty units.

PART 5 - Record keeping

30.   Interpretation of Part

In this Part –

kept, for a record, means –

(a) made; and

(b) kept for at least 5 years after it is made;

particulars, in relation to any matter, includes the time and date.

31.   Contact and crew records

The responsible person for a vessel must ensure that accurate records of the following are kept for that vessel:

(a) the vessel's call sign;

(b) the owner's name, contact address and emergency contact telephone number;

(c) the name and contact address of each crewmember and their next of kin;

(d) the capacity in which each crewmember has been engaged, and their certification and relevant qualifications;

(e) the dates of employment for each crewmember.

Penalty:  Fine not exceeding 30 penalty units.

32.   Training and testing records

The responsible person for a vessel must ensure that accurate records of the following are kept for that vessel:

(a) particulars of the emergency preparedness training carried out under regulation 14 ;

(b) particulars of the signalling device testing, if any, carried out under regulation 17 ;

(c) particulars of the communications system testing, if any, carried out under regulation 18 ;

(d) particulars of the emergency operating systems testing and other testing carried out under regulation 25 .

Penalty:  Fine not exceeding 20 penalty units.

33.   Incident records

The responsible person for a vessel must ensure that accurate records of the following are kept for that vessel:

(a) any incidents on or involving the vessel, being incidents within the meaning of the Marine and Safety (Courts of Inquiry and Survey) Regulations 1997 ;

(b) each alarm sent from, or received by, the vessel.

Penalty:  Fine not exceeding 20 penalty units.

34.   Additional records for certain vessels

The responsible person for a vessel, other than a short-route ferry, must ensure that accurate records of the following are kept for that vessel:

(a) the kind and amount of cargo being carried by the vessel, if any;

(b) the number, and names and contact addresses, of the passengers on the vessel who are being carried beyond sheltered waters, if any.

Penalty:  Fine not exceeding 30 penalty units.

35.   Inspection of records

The responsible person for a vessel must –

(a) during normal business hours, allow an authorised person to inspect on demand any of the records required to be kept for the vessel under this Part; and

(b) ensure that, whenever the vessel is on a voyage, MAST or an authorised person has or can gain immediate electronic or other access to those records at any time should the vessel be involved in an emergency during that voyage.

Penalty:  Fine not exceeding 30 penalty units.

PART 6 - Safety Management Plans

36.   Passenger vessels must have Safety Management Plan (SMP)

(1)  The owner of a passenger vessel must not cause or allow it to operate for a commercial purpose after 30 September 2004 unless –

(a) an approved safety management plan is in force for that vessel; and

(b) the vessel is provided with sufficient crew and equipment to operate in accordance with that plan.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a passenger vessel must not operate it for a commercial purpose after 30 September 2004 unless –

(a) an approved safety management plan is in force for that vessel; and

(b) the master operates the vessel in accordance with that plan.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subregulation (1) or (2) for the defendant to show that, at the relevant time –

(a) application had been made under regulation 39 to have an SMP approved for the vessel; but

(b) MAST had not made a decision under regulation 41(1) in relation to the application.

37.   What is an SMP?

(1)  An SMP is a document that sets out, for a passenger vessel, strategies for –

(a) promoting safe operating practices for the vessel; and

(b) creating a safe working environment on board the vessel; and

(c) identifying, managing and minimising operational hazards and risks; and

(d) developing the safety and emergency management skills of crewmembers and support staff; and

(e) promoting awareness of and compliance with State and Commonwealth legislation that is relevant to the vessel or its operations, including environmental protection and workplace safety legislation; and

(f) promoting awareness of and compliance with maritime and industry codes, guidelines and standards that are relevant to the vessel or its operations.

(2)  A passenger vessel's SMP may be in the form of –

(a) a stand-alone document; or

(b) a discrete part of another document relating to the vessel's management, systems or safety.

38.   SMP must be relevant to vessel's operations

(1)  An SMP may be –

(a) a Level 1 SMP (for high operational risk); or

(b) a Level 2 SMP (for lower operational risk).

(2)  To find out which type of SMP is required for a particular passenger vessel, a person applies to MAST for a determination.

(3)  The application –

(a) is to be in an approved form; and

(b) must be supported by such evidence or information as MAST may require.

(4)  The applicant must pay MAST a prescribed fee for making the determination.

(5)  In making the determination, MAST is to have regard to the following criteria:

(a) a Level 1 SMP will generally be appropriate for the passenger vessel if 3 or more of the following apply to the vessel:

(i) it is 12 or more metres in length;

(ii) it is designed to carry 12 or more passengers at a time;

(iii) it is used, either occasionally or frequently, for hazardous or difficult operations;

(iv) it frequently operates outside sheltered waters;

(v) it has a poor safety or compliance record under current management;

(vi) it was first launched more than 30 years ago;

(b) a Level 2 SMP will generally be appropriate for the passenger vessel if two or more of the following apply to the vessel:

(i) it does not exceed 12 metres in length;

(ii) it is surveyed to carry fewer than 12 passengers at a time;

(iii) it is seldom or never used for hazardous or difficult operations;

(iv) it operates mainly within sheltered waters.

(6)  For the purposes of making the determination, MAST may require the passenger vessel to be made available for inspection to enable MAST to assess its level of operational risk.

(7)  MAST is to give the applicant notice of the determination as soon as practicable after it is made, together with notice of the applicant's right of review under regulation 57 .

(8)  Despite any other provision of this regulation –

(a) MAST is not required to consider an application for a determination in relation to a passenger vessel's SMP unless it is satisfied that the applicant –

(i) is the vessel's owner or master; or

(ii) has been authorised by the vessel's owner or master to make the application; or

(iii) has some other sufficient connection with the vessel, and reasonable grounds, for making the application; and

(b) MAST is not required to make a determination in respect of an application made under this regulation after 30 September 2004 if it has not been paid the fee referred to in subregulation (4) .

39.   Application for approval of SMP

(1)  Once MAST has determined which type of SMP is appropriate for a particular passenger vessel, the responsible person may –

(a) prepare that SMP; and

(b) apply to MAST to have that SMP approved.

(2)  The application –

(a) is to be in an approved form; and

(b) must be accompanied by a copy of the proposed SMP; and

(c) must, if made after 30 September 2004, be accompanied by a prescribed fee (known as the "SMP administration fee"); and

(d) must be supported by such evidence or information as MAST may require.

(3)  On receipt of the application, MAST is to assess the proposed SMP.

(4)  If the assessment takes longer than 2 hours to complete, the responsible person must pay MAST a prescribed fee for each hour (or part-hour) that MAST spends on the assessment following that initial 2-hour period.

(5)  Subregulation (4) applies whether the assessment is completed in one continuous period or in stages.

(6)  For the purposes of the assessment, MAST may carry out an on-site audit to satisfy itself that –

(a) the master and other crewmembers, and support staff, understand their obligations under the proposed SMP; and

(b) the master and other crewmembers, and support staff, have or will receive appropriate training in those obligations; and

(c) the SMP is capable of being fully implemented for future operations.

40.   Requirements for SMP approval

(1)  MAST may, from time to time, publish guidelines for the preparation of Safety Management Plans.

(2)  A Level 1 SMP is not capable of being approved unless it –

(a) complies with the guidelines published under subregulation (1) for a Level 1 SMP and meets the requirements of regulation 37(1) ; or

(b) complies with the International Safety Management Code adopted by the IMO.

(3)  A Level 2 SMP is not capable of being approved unless it –

(a) complies with the guidelines published under subregulation (1) for a Level 2 SMP and meets the requirements of regulation 37(1) ; or

(b) complies with the International Safety Management Code adopted by the IMO.

(4)  A passenger vessel's SMP is not capable of being approved unless it is the correct type of SMP for the vessel, as determined by MAST under regulation 38 .

41.   Approval or refusal of SMP

(1)  After it has assessed an application for the approval of an SMP, MAST is to –

(a) approve the SMP; or

(b) refuse to approve the SMP.

(2)  MAST is to notify the applicant of its decision and, if subregulation (1)(b) applies, its reasons for refusing to approve the SMP and the applicant's right of review under regulation 57 .

(3)  If subregulation (1)(b) applies, MAST is also required to notify the applicant that, notwithstanding the right of review, the applicant may elect to revise the SMP and submit a fresh application to have it approved.

(4)  If the election under subregulation (3) is made –

(a) MAST may offer the applicant advice and assistance on revising the SMP for the purposes of the fresh application; and

(b) despite regulation 39(2)(c) , an SMP administration fee is not payable for the fresh application.

(5)  If –

(a) MAST's refusal to approve the applicant's SMP is not reviewed under regulation 57 or, on such review, is not set aside; and

(b) the applicant for any reason chooses not to make a fresh application to have a revised SMP approved –

MAST must refund the applicant's SMP administration fee.

42.   Change of vessel operations

(1)  The responsible person may at any time apply to MAST for approval to amend a passenger vessel's SMP if –

(a) there has been, or is going to be, a substantial change in the nature of the vessel's operations; and

(b) the change means that the SMP, as originally approved, is or will become inaccurate or unsuitable.

(2)  The application –

(a) is to be in an approved form; and

(b) must be accompanied by a copy of the proposed amendment; and

(c) must be supported by such evidence or information as MAST may require.

(3)  On receipt of the application, MAST is to assess the proposed amendment.

(4)  The applicant must pay MAST a prescribed fee for carrying out the assessment.

(5)  For the purposes of the assessment, MAST may carry out an on-site audit to satisfy itself that –

(a) the master and other crewmembers, and support staff, understand their obligations under the proposed SMP amendments; and

(b) the master and other crewmembers, and support staff, have or will receive appropriate training in those obligations; and

(c) the proposed SMP amendments are capable of being fully implemented for future operations.

(6)  Regulation 40 has the same application to the assessment as it has to an assessment of a proposed new SMP.

(7)  Following the assessment, MAST is to –

(a) approve the proposed amendment; or

(b) refuse to approve the proposed amendment.

(8)  MAST is to notify the applicant of its decision and, if subregulation (7)(b) applies, the reasons for the decision and the applicant's right of review under regulation 57 .

(9)  MAST may offer an unsuccessful applicant advice and assistance on revising their amendment for the purposes of making a fresh application.

(10)  Despite any other provision of this regulation, MAST is not required to make a decision under subregulation (7) if it has not been paid the fee referred to in subregulation (4) .

43.   SMP compliance checks on survey

(1)  In this regulation –

survey means a periodic vessel inspection that is carried out for the purposes of Part 5 of the Marine and Safety (Vessel Safety Standards) By-Laws 2000;

surveyor means a person who is authorised by MAST to carry out surveys of commercial vessels.

(2)  A surveyor who is carrying out a survey of a passenger vessel may direct the responsible person to produce the vessel's SMP so that the surveyor can check –

(a) its availability for use; and

(b) that the SMP documentation is in order.

(3)  The responsible person must comply with a direction under subregulation (2) forthwith.

Penalty:  Fine not exceeding 20 penalty units.

(4)  If the surveyor considers that the SMP as checked contains any defects, he or she is to notify MAST accordingly.

44.   Dealing with failures to operate in accordance with SMP

(1)  This regulation applies if MAST determines on reasonable grounds that a passenger vessel is not being operated in accordance with its approved SMP and that the failure to do so threatens the safety of the vessel or any person.

(2)  The determination may be made as a result of any of the factors specified in regulation 45(2) .

(3)  MAST may, by notice –

(a) inform the responsible person of its determination; and

(b) direct the responsible person to ensure that, in future, the vessel operates in accordance with its approved SMP.

(4)  A direction contained in a notice under subregulation (3) may –

(a) require the responsible person to take specified actions; and

(b) require immediate compliance or compliance within a specified time.

(5)  The responsible person must comply with the directions contained in a notice under subregulation (3) .

Penalty:  Fine not exceeding 50 penalty units.

45.   Dealing with serious SMP defects

(1)  This regulation applies if MAST determines on reasonable grounds that a passenger vessel's approved SMP has a defect that threatens the safety of the vessel or any person.

(2)  The determination may be made as a result of –

(a) a check carried out by a surveyor pursuant to regulation 43(2) ; or

(b) a safety audit conducted pursuant to regulation 50 on the vessel or another vessel of its class; or

(c) an incident involving the vessel or another vessel of its class; or

(d) a substantial quantitative or qualitative change in the vessel's operations; or

(e) information, from other jurisdictions, that is relevant to the operation of the vessel or vessels of its class; or

(f) the commission of an offence against the Act (or regulations or by-laws made under the Act) involving the operation of the vessel or vessels of its class; or

(g) information available to MAST from its own, or other, sources including information volunteered by the vessel's owner or crew.

(3)  If MAST is satisfied on reasonable grounds that the defect poses a serious and immediate threat to the passenger vessel's operational safety it may suspend its approval of the SMP.

(4)  If MAST is satisfied that the defect does not pose a serious and immediate threat to the passenger vessel's operational safety it is to give the responsible person a notice –

(a) informing the person of the defect; and

(b) directing that the person rectify the defect in such time and manner as is specified in the notice; and

(c) directing the person to notify MAST within a specified number of days after the direction under paragraph (b) has been complied with; and

(d) informing the person of the consequences of non-compliance.

(5)  If the responsible person fails to comply with the directions in a notice under subregulation (4) , MAST may suspend its approval of the SMP until the SMP is rectified as specified in those directions.

(6)  For the purposes of ensuring that a defect in a passenger vessel's approved SMP has been rectified in accordance with its directions, MAST may, by notice, direct the responsible person to do either or both of the following within such time as it specifies in the notice:

(a) make the vessel available for inspection by an authorised person;

(b) produce the SMP, as rectified, to MAST or an authorised person.

(7)  The responsible person must comply with a direction under subregulation (6) .

Penalty:  Fine not exceeding 50 penalty units.

46.   Suspension procedure and revocation of suspension

(1)  If MAST decides to suspend its approval of an SMP under regulation 45 it must immediately give the responsible person notice of –

(a) the suspension; and

(b) the reasons for, and the effect of, the suspension; and

(c) the person's right of review under regulation 57 ; and

(d) what actions must be taken to have the suspension revoked.

(2)  MAST may, on payment of a prescribed fee, revoke its suspension of an SMP –

(a) if it is satisfied that the actions required to be taken pursuant to subregulation (1)(d) have been taken; or

(b) for any other reason it considers sufficient.

(3)  When MAST revokes the suspension of an SMP it must immediately notify the responsible person of the revocation and its effect.

47.   "Renewal" of SMP approvals

(1)  Except as provided in this Part, an SMP remains in force for 5 years from the date on which it is approved.

(2)  During the 6-month period immediately before the date on which a passenger vessel's SMP will cease to be in force –

(a) an application for a new determination under regulation 38 may be made in respect of the vessel; and

(b) after the new determination has been made, the responsible person may make a new application under regulation 39 .

(3)  For the purposes of this regulation, MAST may issue reminder notices to responsible persons.

48.   Promulgation and availability of SMP

The responsible person for a passenger vessel must ensure that its crewmembers and support staff –

(a) are informed of the existence, purpose and contents of the vessel's SMP as soon as practicable after the SMP is approved; and

(b) are informed of any amendments or corrections to the SMP as soon as practicable after they are made; and

(c) can, at any time, easily consult an up-to-date copy of the SMP in the course of their duties.

Penalty:  Fine not exceeding 40 penalty units.

PART 7 - Safety audits

49.   Interpretation of Part

In this Part,

safety audit means an audit to check one, or any combination, of the following:

(a) whether a vessel's SMP is effective;

(b) whether a vessel is being operated in accordance with its SMP;

(c) the level of knowledge that a vessel's crew and support staff has about its SMP;

(d) whether a vessel's SMP is still the appropriate type of SMP for that vessel;

(e) whether a vessel's SMP contains any defect;

(f) whether a vessel's SMP documentation is in order;

(g) whether regulation 14 is being complied with for a vessel;

(h) whether any other provision of these regulations is being complied with for a vessel.

50.   Authorised persons may conduct vessel safety audits

(1)  An authorised person may conduct safety audits of any vessel.

(2)  A safety audit may be conducted with or without warning.

(3)  An authorised person who does not wish to give warning of a proposed safety audit of a vessel is to –

(a) go to the vessel while it is in port; and

(b) identify himself or herself, to the master, as an authorised person for the purposes of this regulation; and

(c) announce, to the master, the authorised person's intention to conduct a safety audit of the vessel at that time and place; and

(d) if the option under regulation 52(1) is potentially exercisable, give the master a reasonable opportunity to exercise that option.

(4)  An authorised person who wishes to give warning of a proposed safety audit is to give the owner of the relevant vessel at least 7 days' notice of the audit, the time and place appointed for the audit and, if the option under regulation 52(1) is potentially exercisable, the availability of that option.

(5)  The time and place appointed under subregulation (4) must be reasonable having regard to the vessel's usual berths and routes of commercial operation.

(6)  A vessel owner who is given notice of a proposed safety audit of that vessel under subregulation (4) must, unless the option under regulation 52(1) is exercised in respect of that audit, cause the vessel to be berthed, with its crew on board, at the time and place specified in the notice as the time and place appointed for the commencement of the audit.

Penalty:  Fine not exceeding 40 penalty units.

(7)  The master of a vessel that is required to undergo a safety audit at any time and place pursuant to subregulation (3) or (4) must, unless the option under regulation 52(1) is exercised in respect of that audit –

(a) allow the authorised person to conduct the audit at that time and place without hindrance; and

(b) allow the authorised person to board the vessel if he or she wishes to do so for the purposes of the audit; and

(c) while the audit is being conducted, comply with such reasonable directions as the authorised person may give the master to ensure that the audit meets its objectives.

Penalty:  Fine not exceeding 40 penalty units.

(8)  Without limiting subregulation (7)(c) , an authorised person who is conducting a safety audit of a vessel may direct its master to have the crew demonstrate either or both of the following:

(a) their response to one or more hypothetical emergencies;

(b) a procedure or operation referred to in regulation 14(2) .

(9)  Subject to subregulation (10) , an authorised person who is conducting a safety audit of a vessel may –

(a) ask questions and require answers of the vessel's crew; and

(b) require the production of the vessel's SMP or other documents relating to safety matters; and

(c) do such other things as the authorised person reasonably considers necessary or expedient to ensure that the safety audit achieves its aims.

(10)  An authorised person who conducts a safety audit of a vessel is not to –

(a) board the vessel without permission; or

(b) give its master or any other crewmember an operational order; or

(c) detain the vessel, or interfere with its operation, any more than is reasonably necessary to ensure that the safety audit meets its objectives.

(11)  As soon as practicable after conducting a safety audit of a vessel, an authorised person is to –

(a) prepare a report on the safety audit which includes the authorised person's findings and recommendations, if any; and

(b) state in the report whether the safety audit has been, or is proposed to be, followed up with a return visit; and

(c) give a copy of the report to MAST; and

(d) give a copy of the report to the owner of the vessel and, if it is a passenger vessel, to the responsible person.

51.   Safety audits: follow-up action

(1)  An authorised person who conducts a safety audit of a vessel may follow up the safety audit with a return visit to the vessel if he or she –

(a) finds from the safety audit that the vessel's compliance in respect of the matters audited is in any way unsatisfactory; and

(b) considers it necessary or expedient to check that appropriate remedial action has been taken.

(2)  If subregulation (1) applies –

(a) the responsible person must pay a prescribed fee for the follow-up of the safety audit; and

(b) if the responsible person fails to pay the whole or any part of the prescribed fee following written demand by MAST for its payment, the amount unpaid may be recovered in a court of competent jurisdiction as a debt due to MAST.

52.   Option to decline safety audit

(1)  The owner or master of a vessel may opt to decline a particular safety audit of the vessel if he or she considers that a safety audit at that time would adversely interfere with the vessel's operations or maintenance or, for another reason, be impracticable or inconvenient.

(2)  The option to decline a safety audit is not exercisable, in aggregate, on more than 2 occasions in any 12-month period, or more than twice in succession, in respect of the same vessel.

(3)  An authorised person must not proceed with a proposed vessel safety audit if the option under subregulation (1) is exercised in respect of that audit.

(4)  A person exercises the option under subregulation (1) for a particular safety audit of a vessel by –

(a) if regulation 50(3) applies, telling or notifying the authorised person who goes to the vessel to conduct the audit that the option is being exercised; or

(b) if regulation 50(4) applies, notifying MAST or the authorised person who proposes to conduct the audit that the option is being exercised.

(5)  The option under subregulation (1) is not exercisable –

(a) in respect of a safety audit that has actually started; or

(b) in respect of a safety audit without warning if the authorised person who proposes to conduct the safety audit believes that the safety of the vessel or any person may be at risk if the audit does not proceed forthwith.

PART 8 - Miscellaneous

53.   Exemptions

(1)  MAST may –

(a) on application, grant exemptions from these regulations or specified provisions of these regulations; and

(b) on its own motion, vary or revoke any exemptions so granted.

(2)  An exemption may be granted in respect of all or any of the following:

(a) a particular person or group of persons;

(b) a particular vessel or group, or class, of vessels;

(c) a particular vessel operation or group, or class, of vessel operations.

(3)  MAST must not grant an exemption that may have the effect of endangering the safety of any person or vessel.

(4)  An exemption –

(a) is to be in writing; and

(b) may be of limited or general application; and

(c) may be granted unconditionally or on such conditions as MAST considers appropriate.

(5)  An application for an exemption –

(a) is to be in an approved form; and

(b) must be supported by such evidence or information as MAST may require.

(6)  The applicant must pay MAST a prescribed fee for considering the application.

(7)  After considering the application, MAST is to –

(a) grant the exemption; or

(b) refuse to grant the exemption.

(8)  MAST is to notify the applicant of its decision and, if subregulation (7)(b) applies, its reason for refusing to grant the exemption and the applicant's right of review under regulation 57 .

(9)  An exemption remains in force, subject to any variation, until –

(a) the date specified in the instrument of exemption as the date on which it ceases to be in force; or

(b) the person who has the benefit of the exemption is notified, by MAST, that the exemption has been revoked.

(10)  A person who has the benefit of an exemption under this regulation must comply with the conditions, if any, of the exemption.

Penalty:  Fine not exceeding 40 penalty units.

(11)  If MAST varies or revokes an exemption it must give the person who has the benefit of the exemption notice of the variation or revocation and the applicant's right of review under regulation 57 .

(12)  Despite any other provision of this regulation, MAST is not required to make a decision under subregulation (7) if it has not been paid the fee referred to in subregulation (6) .

54.   Powers of authorised persons regarding suspected offences

(1)  An authorised person who reasonably believes that a person has committed an offence under these regulations may request the person to state the person's name and address.

(2)  A person must comply with a request under subregulation (1) immediately.

Penalty:  Fine not exceeding 30 penalty units.

55.   Obstruction of authorised persons

A person must not obstruct or hinder an authorised person who is exercising or seeking to exercise a power conferred on authorised persons by these regulations.

Penalty:  Fine not exceeding 30 penalty units.

56.   False or misleading statements

A person must not, in giving any information under these regulations –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is false or misleading.

Penalty:  Fine not exceeding 30 penalty units.

57.   Right to seek review of decisions, &c.

A person who is directly affected by a decision or determination of MAST or an authorised person under these regulations may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision or determination.

SCHEDULE 1 - Prescribed fees

Regulation 3

PART 1 - Interpretation

1.   In this Schedule –

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

hour includes part of an hour.

PART 2 - Prescribed fees

PART 3 - Travelling fees

1.   Travelling fees for a person to attend a vessel to conduct an inspection under regulation 38(6) or a safety audit follow-up under regulation 51 are to be charged in accordance with the following table:

	Fee (per vessel per day)
Travel Area	Fee $	GST $	Total Fee $
Hobart/Bridgewater/South Arm/Kingston	32.00	3.20	35.20
Margate/Kettering/Gordon	53.00	5.30	58.30
Burnie/Wynyard	48.00	4.80	52.80
Stanley/Smithton/Port Latta	64.00	6.40	70.40
Marrawah/Couta Rocks/Temma/Corinna	106.00	10.60	116.60
Ulverstone/Devonport/Port Sorell	43.00	4.30	47.30
Launceston/Bell Bay/Bridport	53.00	5.30	58.30
Orford/Triabunna	53.00	5.30	58.30
Dunalley/Port Arthur/Nubeena	56.00	5.60	61.60
Swansea/Coles Bay/Bicheno	101.00	10.10	111.10
Huon/Dover/Southport	69.00	6.90	75.90
St Helens	80.00	8.00	88.00
Queenstown/Strahan	112.00	11.20	123.20
King Island	100.00	10.00	110.00
Flinders Island	100.00	10.00	110.00
Lake St Clair	96.00	9.60	105.60

2.   Despite item 1 , where more than one inspection or safety audit follow-up is conducted on the same day, the travelling fees are to be apportioned evenly between each of the persons who are liable to pay such fees for that day.

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

Notified in the Gazette on 24 December 2003

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