Western Australian Marine (Infringements) Regulations 1985

As at 28 Sep 2021 Version 03-e0-00 Published on www.legislation.wa.gov.au Western Australia Western Australian Marine Act 1982 Western Australian Marine (Infringements) Regulations 1985 As at 28 Sep 2021 Version 03-e0-00 page i Published on www.legislation.wa.gov.au Western Australia Western Australian Marine (Infringements) Regulations 1985 Contents 1. Citation 1 2. Commencement 1 3A. Terms used 1 3. Modified penalties 1 4. Forms 2 5. Offence of unauthorised endorsement or alteration of infringement notices 2 Schedule 1 — Modified penalties Schedule 2 — Forms Notes Compilation table 22 Defined terms As at 28 Sep 2021 Version 03-e0-00 page 1 Published on www.legislation.wa.gov.au Western Australian Marine Act 1982 Western Australian Marine (Infringements) Regulations 1985 1. Citation These regulations may be cited as the Western Australian Marine (Infringements) Regulations 1985. 2. Commencement These regulations shall come into operation 3 months after the day on which they are published in the Gazette. 3A. Terms used In these regulations, unless the contrary intention appears — Act means the Western Australian Marine Act 1982; Department means the Department principally assisting the Minister in the administration of the Act. [Regulation 3A inserted: Gazette 9 Oct 2012 p. 4755.] 3. Modified penalties The amount specified in the fourth column of Schedule 1 opposite the description set out in the third column of that Schedule of an offence created by the provision specified opposite thereto in the second column of that Schedule is the modified penalty in respect of that offence for the purposes of section 132(1) of the Act. Western Australian Marine (Infringements) Regulations 1985 r. 4 page 2 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au 4. Forms The several forms specified in Schedule 2 are prescribed for the respective purposes for which forms are required by sections 132(1), 132(5), 133(2) and 134(1) of the Act. 5. Offence of unauthorised endorsement or alteration of infringement notices (1) A person who, not being an authorised person or a designated officer, makes any endorsement on, or alteration to, an infringement notice commits an offence and is liable to a penalty not exceeding $200. (2) In subregulation (1) — authorised person, designated officer and infringement notice have the respective meanings given to them by section 132(11) of the Act. Western Australian Marine (Infringements) Regulations 1985 Modified penalties Schedule 1 As at 28 Sep 2021 Version 03-e0-00 page 3 Published on www.legislation.wa.gov.au Schedule 1 — Modified penalties [r. 3] [Heading inserted: Gazette 13 Nov 2009 p. 4538.] Item Navigable Waters Regulations 1958 Description of offence Modified penalty $ 1 6A Failing to comply with directions ................................... 200 1AA 10(a) Obstructing, impeding or interfering with passage of vessel approaching or leaving public jetty or bridge ....... 100 1AB 10(b) Causing a nuisance to any person on, in or about vessel, public jetty or bridge ...................................................... 100 1AC 10A(b) (as read with r. 20) Swimming from or near public jetty or bridge specified in notice or within area of navigable waters defined in notice ............................................................................. 100 1A 14 Vessel travelling so as to cause nuisance or damage ...... 160 1B 14A(a) Navigating vessel so as to endanger safety of vessel or person ............................................................................. 200 2 14A(b) Navigating vessel so as to obstruct, impede or interfere with other vessel ............................................................. 160 3 14B Permitting person to expose portion of body to risk of injury beyond hull limits of vessel .................................. 60 4 15(1) Motor boat towing more than one vessel through or under bridge .................................................................... 60 5 19(2) Navigating vessel less than 3.75 m long more than 5 nautical miles from nearest point at low water mark on mainland shore ........................................................... 100 6 19A Vessel exceeding speed of 10 knots between sunset and sunrise — (a) by not more than 10 knots ............................. 160 (b) by more than 10 knots .................................... 200 7 19B Using or setting off signal, flare, rocket or other distress signals, except in case of emergency or vessel in distress, without prior written permission of Department ..................................................................... 200 8 19C(1) Failing to exhibit on vessel required diving flag ............. 100 Western Australian Marine (Infringements) Regulations 1985 Schedule 1 Modified penalties page 4 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Item Navigable Waters Regulations 1958 Description of offence Modified penalty $ 8A 19C(3) Failing to display required lights on vessel from which a person is diving ............................................................ 100 8B 19D(1)(a) Failing to display a diving flag at the place where the person is diving ............................................................... 100 8C 19D(1)(b) Failing to display required lights when diving at night otherwise than from a vessel ........................................... 100 9 19E(1) Failing to maintain distance of 50 m between vessel and place or other vessel displaying diving flag or, during the hours of darkness, the appropriate signal, or failing to reduce speed of vessel to slowest navigable speed whilst passing within 50 m of that place or other vessel .............................................................................. 200 10A 19E(4A) Failing to proceed at a safe speed or maintain a proper look out while in the vicinity of a place or vessel displaying a diving flag or appropriate signal, but at least 50 m clear of that place or vessel ............................ 200 10 42(a) Anchoring or mooring vessel in fairway or channel when not in distress ........................................................ 60 11 42(c) Placing cable or rope or other obstruction across fairway or channel without written permission of Department ..................................................................... 100 12 43(a) Obstructing channel or fairway with net or buoyed objects ............................................................................. 120 13 45B(1)(a) Using or having on navigable waters unregistered registrable vessel ............................................................. 160 14 45B(1)(b) Failing to have current boat registration label properly affixed to vessel .............................................................. 80 15 45B(7) Failing to have registrable vessel legibly marked with registration number ......................................................... 80 16 45B(8) Registrable vessel failing to have required identification marking when proceeding north of Geraldton ................ 60 17 45BA(4)(c) Use of vessel with incorrectly affixed dealer plates ........ 60 18 45D(1)(a) Failing to produce certificate of registration of vessel within specified time ....................................................... 40 Western Australian Marine (Infringements) Regulations 1985 Modified penalties Schedule 1 As at 28 Sep 2021 Version 03-e0-00 page 5 Published on www.legislation.wa.gov.au Item Navigable Waters Regulations 1958 Description of offence Modified penalty $ 19 45D(1)(b) Failing to notify Department of change of registered particulars, or of address of owner, of vessel within 15 days ............................................................................ 120 20 45E(1)(a) Failing to furnish purchaser of vessel with registration certificate ........................................................................ 60 21 45E(1)(b) Failing to notify Department of sale or disposal of registered vessel within 7 days ....................................... 60 22 45E(2)(a) Failing to apply for transfer of registration within 15 days of acquisition of registered vessel ...................... 120 23 45E(3) Failing to notify Department of loss of registered vessel within 15 days ................................................................. 60 23A 47AA(3) Person between 10 and 16 driving an RST vessel unless under supervision (before 1 April 2007) .......... 200 23B 47AB(3) Person between 10 and 14 driving an RST vessel unless under supervision (between 1 April 2007 and 1 April 2008) ................................................................ 200 23C 47AB(4) Person between 14 and 16 driving an RST vessel unless — (a) driving at not more than 8 knots and during the day time; or (b) under supervision (between 1 April 2007 and 1 April 2008) ....................................... 200 23D 47AB(5) Person between 16 and 25 driving an RST vessel unless holding a recreational skipper’s ticket or under supervision (between 1 April 2007 and 1 April 2008) . 200 23E 47A(3) Person between 10 and 14 driving an RST vessel unless under supervision (on and after 1 April 2008) .. 200 23F 47A(4) Person between 14 and 16 driving an RST vessel unless — (a) holding a recreational skipper’s ticket and driving at not more than 8 knots and during the day time; or (b) under supervision (on and after 1 April 2008) .............................................. 200 Western Australian Marine (Infringements) Regulations 1985 Schedule 1 Modified penalties page 6 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Item Navigable Waters Regulations 1958 Description of offence Modified penalty $ 23G 47A(5) Person over 16 driving an RST vessel unless holding a recreational skipper’s ticket or under supervision (on and after 1 April 2008) ................................................. 200 23H 47AA(4) 47AB(6) 47A(6) Owner allowing RST vessel to be driven in contravention of regulation 47AA, 47AB or 47A ........ 200 23I 47H Failing to produce recreational skipper’s ticket on request .......................................................................... 200 23J 47I Holder of recreational skipper’s ticket failing to notify change of details .......................................................... 120 24 48(a)(i) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing in water with a depth of less than 3 m ................................................................... 160 24A 48(a)(ii) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing within 50 m of a river bank or low water mark .................................................. 160 24B 48(b) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing in or through mooring area 160 24C 48(c) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing within 15 m of a vessel under weigh .................................................................... 160 24D 48(d)(i) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing within 50 m of a moored vessel .............................................................................. 160 24E 48(d)(iii) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing within 50 m of a person in the water ......................................................................... 200 24F 48(d)(iv) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing within 50 m of a jetty or wharf ............................................................................... 160 24G 48(e) Driving a motor boat at a speed exceeding 8 knots or water ski-ing or para-sailing through an arch of a bridge 160 25 48A(2) Driving motor boat towing para-sailor or water skier in area not set aside for purpose .......................................... 200 26 49(1) Towing para-sailor or water skier without observer in towing speed boat ........................................................... 160 Western Australian Marine (Infringements) Regulations 1985 Modified penalties Schedule 1 As at 28 Sep 2021 Version 03-e0-00 page 7 Published on www.legislation.wa.gov.au Item Navigable Waters Regulations 1958 Description of offence Modified penalty $ 27 49(2) Driver of or observer in speed boat towing para-sailor or water skier failing to maintain constant lookout or watch .............................................................................. 120 [28 deleted] 29 49C Failing to drive speed boat at least 50 m behind water skier or other boat ........................................................... 120 30 49D Driver of boat about to take off failing to yield right of way to speed boat landing water skier ............................ 60 31 49E Trailing ski rope within 30 m of shore in water ski area . 60 32 49G Failing to keep speed boat towing water skier at least 30 m from shore when not engaged in landing or taking off water skier ................................................................. 60 33 49H Driver of speed boat failing to maintain correct distance after landing water skier before retrieving tow line or thereafter driving speed boat at more than 8 knots or so as to interfere with or obstruct other boat towing water skier ................................................................................ 120 34 49I Driver of speed boat failing to maintain distance of 25 m from shore when landing water skier ..................... 60 35 49J Sitting on gunwale or back of driving seat when driving speed boat ....................................................................... 60 36 49K Water skier failing to retrieve water ski .......................... 60 37 49M(a) or (b) Using navigable waters for purpose of slalom course or ski-jump — (a) without prior written permission of Department .................................................... 100 (b) without required marker buoys and pennants 60 38 50 Driving motor boat towing water skier between sundown and 8am on Swan River or between sundown and 9am on Canning River ............................................ 200 38A 50A(2) Freestyle driving, surfing or wave jumping in a prohibited area ............................................................... 200 Western Australian Marine (Infringements) Regulations 1985 Schedule 1 Modified penalties page 8 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Item Navigable Waters Regulations 1958 Description of offence Modified penalty $ 38B 50A(3) Freestyle driving, surfing or wave jumping within — (a) 30 m of another personal watercraft; or (b) 50 m of any other vessel or person ............... 200 38C 50B Failing to wear an appropriate lifejacket while on a personal watercraft ......................................................... 200 39 51 Using motor boat not fitted with efficient silencer approved by Department ................................................ 160 40 51A Causing or permitting motor boat to emit smoke or vapour causing danger, nuisance or annoyance . ............ 160 40A 51D Failing to fit a bilge pump .............................................. 160 41 52 Failing to equip vessel with approved fire extinguisher . 160 42 52A Failing to equip vessel with required number of lifejackets whilst being navigated outside protected waters ............................................................................. 200 43 52B Failing to equip vessel with required number of distress signals whilst being navigated outside protected waters 160 43A 52BAA Failing to equip vessel with an approved and licensed marine transceiver .......................................................... 200 43B 52BAB Failing to equip vessel with an approved Electronic Position Indicating Radio Beacon .................................. 200 44 52BA(1)(a) Failing to maintain items of safety equipment of vessel in serviceable condition ................................................. 160 45 52BA(1)(b) Failing to have safety equipment of vessel readily accessible to all persons on board .................................. 160 46 52BA(3) Failing to produce items of safety equipment to officer of Department on demand .............................................. 160 47 52C Vessel not carrying efficient anchor and line whilst outside protected waters ................................................. 160 48 52G Failing to display navigation lights on small motor boat as required ..................................................................... 200 Western Australian Marine (Infringements) Regulations 1985 Modified penalties Schedule 1 As at 28 Sep 2021 Version 03-e0-00 page 9 Published on www.legislation.wa.gov.au Item Western Australian Marine Act Section Description of offence Modified penalty $ 49 13(1)(a) Uncertificated person acting in a position of command on a commercial vessel .................................................. 300 50 13(1)(b) Employing an uncertificated person in a position of command ....................................................................... 300 51 13(2) Failing to ascertain whether an employee on a commercial vessel is duly certificated ........................... 200 52 14 Beginning a voyage on a commercial vessel without sufficient crew, or with under qualified or inexperienced crew ........................................................ 300 53 26(3) Being underway or plying without, or contrary to, certificate of survey ....................................................... 300 54 27 Beginning a voyage without exhibiting evidence of compliance with survey requirements ........................... 200 55 28 Carrying too many people on board ship ........................ 300 56 40(a) Beginning a voyage without appropriate life saving appliances ...................................................................... 300 57 40(b) Allowing loss of, or damage to, life saving appliances .. 200 58 40(c) Failing to repair or replace life saving appliances ......... 200 59 40(d) Failing to keep life saving appliances fit and ready for use ................................................................................. 200 60 42(a) Beginning a voyage without appropriate fire appliances 300 61 42(b) Allowing loss of, or damage to, fire appliances .............. 200 62 42(c) Failing to repair or replace fire appliances ..................... 200 63 42(d) Failing to keep fire appliances fit and ready for use ...... 200 64 44(a) Beginning a voyage without appropriate radio equipment ...................................................................... 300 65 44(b) Beginning a voyage without a qualified radio operator on board ......................................................................... 200 66 48(a) Beginning a voyage without required equipment .......... 150 67 48(b) Failing to keep required equipment in good repair ........ 100 68 58(2)(a) Failing to produce logbook or other documents ............ 100 69 63(2) Failing to take vessel to nearest port .............................. 100 70 63(5) Navigating vessel in breach of order ............................. 150 71 64(2) Failing to render assistance or give details after a collision ......................................................................... 150 Western Australian Marine (Infringements) Regulations 1985 Schedule 1 Modified penalties page 10 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Item Western Australian Marine Act Section Description of offence Modified penalty $ 72A 64(3) Failing to — (a) render assistance; or (b) give details to certain persons; or (c) report to the Department within 7 days, after a collision, accident or other casualty involving a pleasure vessel ............................................................... 150 72 64(4) Failing to make immediate report of a casualty or injury on, or damage to, a commercial vessel ........................... 150 73 64(5) Failing to confirm report of a casualty or injury on, or damage to, a commercial vessel .................................... 150 74 66(3)(a) Obstructing an authorised person in relation to an area closed to navigation ....................................................... 200 75 66(3)(b) Navigating a vessel in an area closed to navigation ....... 200 76 67(3) Exceeding speed limit by — (a) more than 3, but less than 5, knots ................ 100 (b) 5 or more, but less than 10, knots .................. 160 (c) 10 knots or more ........................................... 200 77 69 Failing to batten down and secure hatches ..................... 100 78 70(1) Going on board a vessel in port at night without authority ........................................................................ 100 79 72(1)(a) Being drunk or disorderly and attempting to board a passenger ship without authority ................................... 100 80 72(1)(b) Being drunk or disorderly on board a passenger ship and refusing to leave when requested ............................ 100 81 72(1)(c) Molesting a passenger on a passenger ship after being warned ........................................................................... 100 82 72(1)(d) Being on board a passenger ship without authority and refusing to leave when requested .................................... 100 83 72(1)(e) Attempting to enter a passenger ship after entry has been refused ................................................................... 100 84 72(1)(f) Refusing to leave a passenger ship when requested ....... 100 85 72(1)(g) Attempting to travel on a passenger ship without paying the fare ........................................................................... 100 86 72(1)(h) Attempting to travel on a passenger ship beyond the place to which the fare has been paid ............................ 100 Western Australian Marine (Infringements) Regulations 1985 Modified penalties Schedule 1 As at 28 Sep 2021 Version 03-e0-00 page 11 Published on www.legislation.wa.gov.au Item Western Australian Marine Act Section Description of offence Modified penalty $ 87 72(1)(i) Refusing to leave a passenger ship at place to which fare has been paid .......................................................... 100 88 72(1)(j) On a passenger ship failing to produce ticket or pay fare when requested .............................................................. 100 89 73 Damaging equipment, or obstructing the crew, on a passenger ship ................................................................ 100 90A 79(2) Failure of the master or person in charge of a vessel to comply with the Prevention of Collisions at Sea Regulations 1983 ........................................................... 300 90 91(1) Carrying dangerous goods without proper markings ..... 200 91 97(1) Carrying explosives on a passenger ship without proper protection ....................................................................... 200 92 132(8) Removing an infringement notice from a vessel............. 100 W.A. Marine (Hire and Drive Vessels) Regulations 1983 (provision of Uniform Code) 93 3.4.1 Failing to fix registration plates to hire and drive vessel ............................................................................. 50 94 3.4.2 Failing to maintain markings on hire and drive vessel .. 50 95 3.12.1 Failing to notify the CEO of repairs or alterations to hire and drive vessel ...................................................... 50 96 3.13.2 Failing to report an accident involving hire and drive vessel ............................................................................. 50 97 4.2.2 Overloading a hire and drive vessel .............................. 100 [Schedule 1 inserted: Gazette 9 Jun 1992 p. 2381-2; amended: Gazette 30 Jun 1992 p. 2910; 7 May 1993 p. 2361-2; 31 Dec 1993 p. 6911-2; 14 Jun 1996 p. 2607; 30 May 1997 p. 2497-9; 27 Oct 1998 p. 5965; 11 Dec 1998 p. 6652; 17 Jun 2003 p. 2221; 23 Dec 2005 p. 6278-9; 10 Feb 2006 p. 666; 26 May 2006 p. 1880; 13 Nov 2009 p. 4538; 17 Nov 2009 p. 4631-2; 4 Jan 2013 p. 9; 3 Mar 2017 p. 1490-1; SL 2021/147 r. 38.] Western Australian Marine (Infringements) Regulations 1985 Schedule 2 Forms Form 1 page 12 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Schedule 2 — Forms [r. 4] [Heading inserted: Gazette 9 Oct 2012 p. 4756.] 1. Infringement notice Part 1 Western Australian Marine Act 1982, s. 132(1) Infringement notice Infringement notice no.: Date of service: TO: or TO:  Surname/ Company name and ACN Other names Address Date of birth Male/Female  Tick if this notice is addressed to the above person as the owner of the vessel described below.  The owner of the vessel described below (whose identity is not known and cannot immediately be ascertained). Vessel Vessel name: Reg. no.: Reg. expiry date: Vessel type: Length (metres): No. persons onboard: Construction material: Colour: Engine type:  Inboard  Outboard Engine make: Kw/Hp: Western Australian Marine (Infringements) Regulations 1985 Forms Schedule 2 Form 1 As at 28 Sep 2021 Version 03-e0-00 page 13 Published on www.legislation.wa.gov.au Alleged offence Date Time Place Legislation Provision Details of offence Authorised person issuing notice Name Authorised person no. Signature Modified penalty $ TAKE NOTICE It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty in accordance with Part 2 of this notice within 28 days after the date of service of this notice. If you do not pay the modified penalty within that period, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If this notice is addressed to you as the owner of the vessel described above (whether or not your identity is known), the Western Australian Marine Act 1982 section 132(3) says, in effect, that you are, in the absence of proof to the contrary, deemed to be the person who was in charge of the vessel at the time the above alleged offence is believed to have been Western Australian Marine (Infringements) Regulations 1985 Schedule 2 Forms Form 1 page 14 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au committed. This does not apply if within 21 days after the date of service of this notice — ● the modified penalty for the alleged offence is paid; or ● you — ● inform an authorised person of the identity and address of the person who was in charge of the vessel at the time of the alleged offence; or ● satisfy an authorised person that the vessel had been stolen or unlawfully taken, or was being unlawfully used at that time. Any inquiry you have in relation to this matter is to be made in writing and sent by post to: [Insert details] If you want this matter to be dealt with by prosecution in court, you may decline to be dealt with under the Western Australian Marine Act 1982 section 132 by completing the Election to have matter dealt with by a Court section in Part 2 of this notice and posting Part 2 to the designated officer at the address below. Part 2 (detachable) Infringement notice no: Election to have matter dealt with by a Court I decline to be dealt with under the Western Australian Marine Act 1982 section 132 and elect to be prosecuted in Court for the alleged offence. (Name) / / (Signature) (Date) Detach this Part and send to: [Insert details of designated officer] How to pay By post Tick the relevant box below:  I want to pay the modified penalty. A cheque or money order (payable to [insert Western Australian Marine (Infringements) Regulations 1985 Forms Schedule 2 Form 1 As at 28 Sep 2021 Version 03-e0-00 page 15 Published on www.legislation.wa.gov.au name of designated officer]) for the modified penalty is enclosed.  I want to pay the modified penalty by credit card. Please debit my credit card account. Card type Cardholder name Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card / Amount $ Signature Detach this Part and send to: [Insert details of designated officer] In person Pay the cashier at: [Insert details of designated officer] [Form 1 inserted: Gazette 9 Oct 2012 p. 4756-8; amended: Gazette 20 Aug 2013 p. 3849; SL 2020/172 r. 12.] Western Australian Marine (Infringements) Regulations 1985 Schedule 2 Forms Form 2 page 16 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au 2. Withdrawal of infringement notice Part 1 Western Australian Marine Act 1982, s. 132(5) Withdrawal of infringement notice Withdrawal no.: Date: TO: Surname/ company name and ACN Other names Address Infringement notice Infringement notice no. Date of service Vessel Vessel name: Reg. no.: Reg. expiry date: Vessel type: Length (metres): No. persons onboard: Construction material: Colour: Engine type:  Inboard  Outboard Engine make: Kw/Hp: Western Australian Marine (Infringements) Regulations 1985 Forms Schedule 2 Form 2 As at 28 Sep 2021 Version 03-e0-00 page 17 Published on www.legislation.wa.gov.au Alleged offence Date Time Place Legislation Provision Details of offence Authorised person withdrawing notice Name Authorised person no. Signature Withdrawal of infringement notice [*Delete whichever is not applicable] The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. * Your refund is enclosed. or * If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by completing Part 2 of this notice and sending it to the address below. Part 2 (detachable) Withdrawal no: Claim for refund I claim a refund for the modified penalty paid in accordance with the infringement notice that was withdrawn by this notice of withdrawal. (Name) / / (Signature) (Date) Detach this Part and send to: [Insert details of designated officer] [Form 2 inserted: Gazette 9 Oct 2012 p. 4758-9.] Western Australian Marine (Infringements) Regulations 1985 Schedule 2 Forms Form 3 page 18 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au 3. Notice requiring identification of person in charge of vessel Part 1 Western Australian Marine Act 1982, s. 133(2) Notice requiring identification of person in charge of vessel Notice no: Date: TO: Name Address Vessel Vessel name: Reg. no.: Reg. expiry date: Vessel type: Length (metres): No. persons onboard: Construction material: Colour: Engine type:  Inboard  Outboard Engine make: Kw/Hp: Alleged offence Date Time Place Legislation Provision Details of offence Western Australian Marine (Infringements) Regulations 1985 Forms Schedule 2 Form 3 As at 28 Sep 2021 Version 03-e0-00 page 19 Published on www.legislation.wa.gov.au TAKE NOTICE You are the registered owner of the vessel described above. It is alleged that the offence described above was committed while the vessel described above was in charge of a person whose identity is not known and cannot immediately be ascertained. You, as the registered owner, are required to identify the person who was in charge of the vessel at the time when the offence described above is alleged to have been committed. If, within 21 days after the date of service of this notice, you do not — ● inform the Department, by completing Part 2 of this notice, of the identity and address of the person who was in charge of the vessel described above at the time the offence described above is alleged to have been committed; or ● satisfy the Department that the vessel described above had been stolen or unlawfully taken, or was being unlawfully used, at the time when the offence described above is alleged to have been committed, you will, in the absence of proof to the contrary, be deemed to be the person who was in charge of the vessel at the time when the offence described above is believed to have been committed. Authorised person issuing notice Name Authorised person no. Signature Western Australian Marine (Infringements) Regulations 1985 Schedule 2 Forms Form 3 page 20 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Part 2 (detachable) Notice no. Identity of person in charge of vessel I, (Name) am the registered owner of the vessel described in this notice. At the time the offence described in this notice is alleged to have been committed, the following person was in charge of the vessel. Name Address / / (Signature of registered owner) (Date) Detach this section and send to: [Insert details] Refer to infringement notice no. [Form 3 inserted: Gazette 9 Oct 2012 p. 4759-61.] Western Australian Marine (Infringements) Regulations 1985 Forms Schedule 2 Form 4 As at 28 Sep 2021 Version 03-e0-00 page 21 Published on www.legislation.wa.gov.au 4. Certificate as to authorised person other than inspector Certificate as to authorised person other than inspector Western Australian Marine Act 1982, s. 134(1) TO WHOM IT MAY CONCERN (Name) not being an inspector, is an authorised person for the purposes of the Western Australian Marine Act 1982 sections 132 and 133. Chief Executive Officer (Signature of authorised person) Appointment no. [Form 4 inserted: Gazette 9 Oct 2012 p. 4761.] Western Australian Marine (Infringements) Regulations 1985 Notes Compilation table page 22 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Notes This is a compilation of the Western Australian Marine (Infringements) Regulations 1985 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table Citation Published Commencement Western Australian Marine (Infringements) Regulations 1985 4 Oct 1985 p. 3866-70 4 Jan 1986 (see r. 2) Western Australian Marine (Infringements) Regulations 1986 24 Apr 1986 p. 1480-1 24 Apr 1986 Western Australian Marine (Infringements) Regulations (No. 2) 1986 20 Jun 1986 p. 2057 20 Jun 1986 Western Australian Marine (Infringements) Amendment Regulations 1991 26 Jul 1991 p. 3934-6 26 Jul 1991 Western Australian Marine (Infringements) Amendment Regulations 1992 9 Jun 1992 p. 2380-2 1 Jul 1992 (see r. 2) Western Australian Marine (Infringements) Amendment Regulations (No. 2) 1992 30 Jun 1992 p. 2910 1 Jul 1992 (see r. 2) W.A. Marine Amendment Regulations 1992 Pt. 7 11 Aug 1992 p. 3976-80 11 Aug 1992 Western Australian Marine (Infringements) Amendment Regulations 1991 7 May 1993 p. 2361-2 7 May 1993 Western Australian Marine (Infringements) Amendment Regulations (No. 2) 1993 31 Dec 1993 p. 6911-12 1 Mar 1994 (see r. 2) Western Australian Marine (Infringements) Amendment Regulations 1996 14 Jun 1996 p. 2607 14 Jun 1996 Western Australian Marine (Infringements) Amendment Regulations 1997 30 May 1997 p. 2497-9 30 May 1997 Western Australian Marine (Infringements) Regulations 1985 Compilation table Notes As at 28 Sep 2021 Version 03-e0-00 page 23 Published on www.legislation.wa.gov.au Citation Published Commencement Western Australian Marine (Infringements) Amendment Regulations 1998 27 Oct 1998 p. 5964-5 27 Oct 1998 Western Australian Marine (Infringements) Amendment Regulations (No. 2) 1998 11 Dec 1998 p. 6651-2 11 Dec 1998 (see r. 2) Reprint of the Western Australian Marine (Infringements) Regulations 1985 as at 27 Aug 1999 (includes amendments listed above) Western Australian Marine (Infringements) Amendment Regulations 2003 17 Jun 2003 p. 2220-1 1 Jul 2003 (see r. 2) Western Australian Marine (Infringements) Amendment Regulations (No. 3) 2005 23 Dec 2005 p. 6278-9 23 Dec 2005 Western Australian Marine (Infringements) Amendment Regulations 2005 10 Feb 2006 p. 665-6 10 Feb 2006 (see r. 2 and Gazette 10 Feb 2006 p. 667) Western Australian Marine (Infringements) Amendment Regulations 2006 26 May 2006 p. 1880 26 May 2006 Reprint 2: The Western Australian Marine (Infringements) Regulations 1985 as at 13 Feb 2009 (includes amendments listed above) Western Australian Marine (Infringements) Amendment Regulations (No. 2) 2009 13 Nov 2009 p. 4537-8 r. 1 and 2: 13 Nov 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Nov 2009 (see r. 2(b)) Western Australian Marine (Infringements) Amendment Regulations 2009 17 Nov 2009 p. 4631-2 r. 1 and 2: 17 Nov 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2009 (see r. 2(b)) Western Australian Marine (Infringements) Amendment Regulations 2012 9 Oct 2012 p. 4755-61 r. 1 and 2: 9 Oct 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Nov 2012 (see r. 2(b)) Western Australian Marine (Infringements) Amendment Regulations (No. 2) 2012 4 Jan 2013 p. 9 r. 1 and 2: 4 Jan 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Jan 2013 (see r. 2(b)) Western Australian Marine (Infringements) Regulations 1985 Notes Compilation table page 24 Version 03-e0-00 As at 28 Sep 2021 Published on www.legislation.wa.gov.au Citation Published Commencement Western Australian Marine (Infringements) Amendment Regulations 2013 20 Aug 2013 p. 3849 r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815) Reprint 3: The Western Australian Marine (Infringements) Regulations 1985 as at 6 Dec 2013 (includes amendments listed above) Transport Regulations Amendment (Lifejackets) Regulations 2017 Pt. 3 3 Mar 2017 p. 1484-91 4 Mar 2017 (see r. 2(b)) Transport Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 5 SL 2020/172 25 Sep 2020 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) Transport Regulations Amendment (Mooring Management) Regulations 2021 Pt. 4 SL 2021/147 13 Aug 2021 28 Sep 2021 (see r. 2(b)) Western Australian Marine (Infringements) Regulations 1985 Defined terms As at 28 Sep 2021 Version 03-e0-00 page 25 Published on www.legislation.wa.gov.au Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Act...................................................................................................................... 3A authorised person ............................................................................................. 5(2) Department......................................................................................................... 3A designated officer ............................................................................................. 5(2) infringement notice .......................................................................................... 5(2)