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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Harbors and Navigation (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Harbors and Navigation Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Harbors and Navigation
Act 1993
4 Amendment of section
55—Registration
5 Amendment of section 90—Recreational boating
fees and charges
6 Insertion of section 90A
90A Facilities
Fund
7 Amendment of section 91—Regulations
Schedule 1—Transitional
provisions
1 Interpretation
2 Funds
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Harbors and Navigation (Miscellaneous)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Harbors and Navigation
Act 1993
4—Amendment of
section 55—Registration
Section 55(2), penalty provision and expiation fee provisions—delete
the penalty and expiation fee provisions and substitute:
Maximum penalty: $2 500.
Expiation fee:
(a) if the vessel is registered but not marked in accordance with the
regulations—$210;
(b) if the vessel is neither registered nor marked in accordance with the
regulations—$315.
5—Amendment of
section 90—Recreational boating fees and charges
Section 90(2)—delete "this Act insofar as it relates to recreational
vessels and may only be applied for that purpose" and substitute:
and enforcing this Act
After section 90 insert:
90A—Facilities Fund
(1) The Facilities Fund is established.
(2) The Fund must be kept as directed by the Treasurer.
(3) The Fund is to consist of—
(a) facilities levies payable under the regulations on the registration,
inspection or survey of vessels; and
(b) income from investment of money belonging to the Fund.
(4) A certificate of registration, inspection or survey will not be issued
for a vessel until any levy payable on the registration, inspection or survey is
paid.
(5) The Minister may, with the approval of the Treasurer, invest any of
the money belonging to the Fund that is not immediately required for the
purposes of the Fund in such manner as is approved by the Treasurer.
(6) The Fund may be applied by the Minister towards—
(a) establishing, maintaining and improving facilities for use in
connection with vessels; and
(b) the payment of expenses of administering the Fund.
7—Amendment of
section 91—Regulations
(1) Section 91(2)(ad) and (ae)—delete paragraphs (ad) and
(ae)
(2) Section 91(2)(af)—delete "levies imposed under paragraphs (ad)
and (ae) and the application of the special funds established under those
paragraphs" and substitute:
facilities levies, and the application of the Facilities Fund, under
section 90A
Schedule
1—Transitional provisions
In this Schedule—
Facilities Fund means the Fund established under section 90A
of the Harbors and Navigation Act 1993 as inserted by this
Act;
Recreational Boating Facilities Fund means the Fund
established under Part 14 Division 3 of the Harbors and Navigation
Regulations 1994 as in force immediately before the commencement of
this Act.
On the commencement of this Act, all money in the Recreational Boating
Facilities Fund must be transferred into the Facilities Fund.