Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Act is intended to apply to the exclusion of a law of a State or Territory that relates to marine safety so far as it would otherwise apply in relation to domestic commercial vessels.
(2) However, subsection (1) does not apply to a law of a State or Territory so far as:
(a) the law is prescribed by the regulations as a law to which that subsection does not apply; or
(b) the law deals with any of the following matters:
(i) management of ports, harbours and moorings;
(ii) environmental management, including pollution, impact assessments and sanctuaries;
(iii) pilotage;
(iv) management of dangerous goods;
(v) designation of waters, including designation of waters by reference to the vessels that are or are not permitted to operate in those waters;
(vi) regulation or prohibition of the operation of specified vessels or classes of vessels in specified areas;
(vii) harbour masters;
(viii) speed limits, navigation aids, traffic management plans, rules for prevention of collisions, no wash zones, the management of events on waterways, wrecks, salvage, passing dredges, towing objects, bar crossings and local knowledge requirements;
(ix) removing obstructions (including abandoned, sinking and derelict vessels) from navigable waters;
(x) the actions of persons under the influence of alcohol or other drugs;
(xi) false distress signals and calls;
(xii) management of passengers;
(xiii) repairs, cutting or welding occurring on board vessels;
(xiv) requirements for vessels conducting particular dangerous operations or operations that may cause offence, including hauling garbage;
(xv) prices charged for the provision of commercial services;
(xvi) fisheries management;
(xvii) storage, preparation, service and disposal of food and beverages on vessels;
(xviii) marine radio;
(xix) monitoring of marine communication services;
(xx) gas and electrical safety;
(xxi) workplace health and safety;
(xxii) emergency management and response;
(xxiii) any other matters prescribed by the regulations.
(3) To avoid doubt, this Act is not intended to apply to the exclusion of a law of a State or Territory that relates to activities or matters to which this Act does not apply under subsection 5(1).
(4) This Act is not intended to exclude or limit the operation of a law that is covered by subsection (2) and is capable of operating concurrently with this Act.
(5) This Act is not intended to exclude or limit the concurrent operation of a law of a State or Territory that is covered by subsection (2) and that makes an act or omission that is an offence against a provision of this Act an offence against the law of the State or Territory.
(6) Subsections (4) and (5) apply even if the law of the State or Territory does any one or more of the following:
(a) provides for a penalty for the offence that differs from the penalty provided for in this Act;
(b) provides for a fault element in relation to the offence that differs from the fault elements in relation to the offence against this Act;
(c) provides for a defence in relation to the offence that differs from the defences in relation to the offence against this Act.
(7) If:
(a) an act or omission of a person is both an offence against the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth and an offence against the law of a State or Territory or the common law; and
(b) the person is convicted of either of those offences;
the person is not liable to be convicted of the other of those offences.
(8) To avoid doubt, a reference in this section to a law of a State or Territory includes a reference to a provision of such a law.