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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Historic Shipwrecks (Miscellaneous) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Historic
Shipwrecks Act 1981
.
Contents
Part 2—Amendment of Historic
Shipwrecks Act 1981
4Amendment of section
3—Interpretation
4ACertain shipwrecks
and shipwreck relics are historic
6Amendment of section 5—Declaration that
shipwrecks and relics are historic
7Amendment of section 6—Provisional
declaration that shipwrecks and relics are historic
8Amendment of section 7—Declaration of
protected zones
9Amendment of section 9—Notice of location
of historic shipwrecks and relics
10Amendment of section 10—Power of
Minister to ascertain location of historic shipwrecks and relics
12Amendment of section 12—Register of
Historic Shipwrecks
15Amendment of section 15—Permits for
exploration or recovery of shipwrecks and relics
16Amendment of section
16—Defences
17Amendment of section 17—Discovery of
shipwrecks and relics to be notified
18Amendment of section 21—Appointment of
inspectors
20Amendment of section 23—Arrest without
warrant
21Amendment of section 24—Seizure and
forfeiture
22Amendment of section
27—Delegation
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Historic Shipwrecks (Miscellaneous)
Amendment Act 2016.
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 Historic Shipwrecks
Act 1981
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definitions of historic relic and
historic shipwreck—delete the definitions and
substitute:
historic relic—see section 4A(2);
historic shipwreck—section 4A(1);
(2) Section 3(1)—after the definition of territorial waters of
the State insert:
vessel has the same meaning as in the
Harbors
and Navigation Act 1993
.
Section 4A—delete section 4A and substitute:
4A—Certain shipwrecks and shipwreck relics are
historic
(1) Subject to this
section, the remains of a ship are a historic shipwreck for the purposes of this
Act if—
(a) in the case of
remains situated in territorial waters of the State—
(i) the remains have
been situated in such waters for 75 years or more; or
(ii) a declaration under section 5 or 6 is in force in relation to
the remains; or
(b) in the case of
remains that have been removed from territorial waters of the State (whether
before or after the commencement of this Act)—
(i) the 75th
anniversary of the date on which the remains first came to rest on the seabed of
such waters has passed; or
(ii) a declaration under section 5 or 6 is in force in relation to the
remains.
(2) Subject to this
section, an article associated with a ship is a historic relic for the purposes
of this Act if—
(a) in the case of an
article situated in territorial waters of the State—
(i) the article has
been situated in such waters for 75 years or more; or
(ii) a declaration under section 5 or 6 is in force in relation to the
article; or
(b) in the case of an
article that has been removed from territorial waters of this State (whether
before or after the commencement of this Act)—
(i) the 75th
anniversary of the date on which the article first came to rest on the seabed of
such waters has passed; or
(ii) a declaration under section 5 or 6 is in force in relation to the
article.
(3) The Governor may, by proclamation—
(a) declare that
subsection (1)(a)(i)
or
(1)(b)(i)
does not apply to the remains, or part of the remains, of a ship or class
of ships; or
(b) declare that
subsection (2)(a)(i)
or
(2)(b)(i)
does not apply to an article or class of articles.
6—Amendment
of section 5—Declaration that shipwrecks and relics are
historic
Section 5—after subsection (3) insert:
(4) This section does not apply to or in relation to—
(a) the remains of a ship that are a historic shipwreck by virtue of
section 4A(1)(a)(i) or 4A(1)(b)(i); or
(b) an article that is a historic relic by virtue of
section 4A(2)(a)(i) or 4A(2)(b)(i).
7—Amendment
of section 6—Provisional declaration that shipwrecks and relics are
historic
Section 6—after subsection (5) insert:
(6) This section does not apply to or in relation to—
(a) the remains of a ship that are a historic shipwreck by virtue of
section 4A(1)(a)(i) or 4A(1)(b)(i); or
(b) an article that is a historic relic by virtue of
section 4A(2)(a)(i) or 4A(2)(b)(i).
8—Amendment
of section 7—Declaration of protected zones
Section 7(3)—delete subsection (3) and substitute:
(3) Subject to
subsection (4)
, a notice under this section ceases to have force if the protected zone
declared by the notice relates to the remains of a ship, or an article
associated with a ship, that is the subject of a notice under section 5 or
6 that has been revoked or has otherwise ceased to be in force.
(4) A notice under this
section remains in force despite
subsection (3)
if—
(a) the notice relates to an area within which the remains of a ship are
situated and the remains are a historic shipwreck by virtue of
section 4A(1)(a)(i); or
(b) the notice relates to an area within which an article associated with
a ship is situated and the article is a historic relic by virtue of
section 4A(2)(a)(i).
(5) Nothing in
subsection (3)
prevents the publication in the Gazette of a further notice under this
section in relation to the remains of a ship, or in relation to an article
associated with a ship, if a further notice is published in the Gazette under
section 5 or 6 in relation to the remains or in relation to the
article.
9—Amendment
of section 9—Notice of location of historic shipwrecks and
relics
(1) Section 9(1), penalty provision—delete "$1 250" and
substitute:
$10 000
(2) Section 9(2)—delete "his or her" and substitute:
the person's
(3) Section 9(2), penalty provision—delete "$1 250" and
substitute:
$10 000
(4) Section 9(3)—delete "he or she" and substitute:
the person
10—Amendment
of section 10—Power of Minister to ascertain location of historic
shipwrecks and relics
Section 10(2), penalty provision—delete "$1 250" and
substitute:
$10 000
11—Amendment
of section 11—Power of Minister to give directions in relation to custody
of historic shipwrecks and relics
Section 11(4), penalty provision—delete "$2 500" and
substitute:
$10 000
12—Amendment
of section 12—Register of Historic Shipwrecks
Section 12(2)—delete subsection (2) and substitute:
(2) The Minister must cause to be entered in the Register—
(a) particulars of all known remains and articles that are historic
shipwrecks or historic relics by virtue of section 4A(1)(a)(i), (1)(b)(i),
(2)(a)(i) or (2)(b)(i); and
(b) particulars of all remains and articles in relation to which
declarations of historic shipwrecks or historic relics under section 5 or 6
are in force; and
(c) particulars of areas in relation to which declarations of protected
zones under section 7 are in force.
13—Amendment
of section 13—Prohibition of certain action in relation to historic
shipwrecks and relics
Section 13(1), penalty provision—delete "$5 000 or imprisonment
for 5 years" and substitute:
$20 000 or imprisonment for 4 years
Section 14—delete the section
15—Amendment
of section 15—Permits for exploration or recovery of shipwrecks and
relics
(1) Section 15(1)—delete "by regulations made for the purposes of
section 14" and substitute:
the regulations
(2) Section 15(3a)(a)(ii)—delete "his or her" and
substitute:
the Minister's
(3) Section 15(3a)(b)(ii)—delete "his or her" and
substitute:
the Minister's
(4) Section 15(5), penalty provision—delete "$2 500" and
substitute:
$10 000
16—Amendment
of section 16—Defences
Section 16—delete "an offence against section 13, for an offence
against a regulation made for the purposes of section 14, or for an offence
against section 15(5)" and substitute:
an offence against section 13 or 15(5), or an offence against the
regulations,
17—Amendment
of section 17—Discovery of shipwrecks and relics to be
notified
(1) Section 17(1), penalty provision—delete "$1 250" and
substitute:
$10 000
(2) Section 17(2)—delete "he or she" and substitute:
the person
(3) Section 17(3), penalty provision—delete "$1 250" and
substitute:
$10 000
18—Amendment
of section 21—Appointment of inspectors
(1) Section 21(3)—delete "his or her" and substitute:
the person's
(2) Section 21(3), penalty provision—delete "$125" and
substitute:
$500
Section 22—delete the section and substitute:
22—Powers of inspectors
(1) An inspector
may, as reasonably required for the administration or enforcement of this Act,
exercise any of the following powers:
(a) at any reasonable
time, enter, search and inspect any premises and, if necessary, use reasonable
force to break into or open any part of, or anything in or on, the
premises;
(b) enter and inspect any vehicle, and for that purpose require a vehicle
to stop, or to be presented for inspection at a place and time specified by the
inspector;
(c) board and inspect any vessel and, if necessary—
(i) require a person apparently in charge of the vessel to facilitate the
boarding; and
(ii) use reasonable force to break into or open, or require a person to
open, any part of, or anything in or on, the vessel;
(d) give directions with respect to the stopping, securing or movement of
a vehicle, vessel, equipment or other thing;
(e) require a
person who the inspector reasonably suspects is committing, is intending to
commit, or has committed, an offence against this Act to state the person's full
name and usual place of residence and to produce evidence of the person's
identity;
(f) require a
person who the inspector reasonably suspects has knowledge of matters in respect
of which information is required for the administration or enforcement of this
Act to answer questions about those matters;
(g) require a
person to produce documents, including a written record that reproduces in an
understandable form, information stored by computer or other process;
(h) examine, copy or take extracts from documents or records so produced
or require a person to provide a copy of any such document or record;
(i) require a person holding a permit or other authority or required to
hold a permit or other authority to produce the permit or other authority for
inspection;
(j) take photographs, films or video or audio recordings;
(k) give directions required in connection with the exercise of a power
conferred by any of the paragraphs above or otherwise in connection with the
administration or enforcement of this Act.
(2) An inspector
may only exercise the power conferred by
subsection (1)(a)
in respect of residential premises on the authority of a warrant issued by
a magistrate or justice.
(3) A warrant may
not be issued unless the magistrate or justice (as the case may be) is satisfied
that the warrant is reasonably required in the circumstances.
(4) An application for the issue of a warrant—
(a) may be made either personally or by telephone; and
(b) must be made in accordance with any procedures prescribed by the
regulations.
(5) An inspector may in exercising powers under this section be
accompanied by such assistants as are reasonably required in the
circumstances.
(6) An inspector may require an occupier of premises, or a person
apparently in charge of any vehicle, vessel, equipment or other thing, to give
the inspector or a person assisting the inspector such assistance as is
reasonably required by the inspector for the effective exercise of the
inspector's powers under this section.
(7) A person must not—
(a) without reasonable excuse, hinder or obstruct an inspector or other
person engaged in the administration or enforcement of this Act; or
(b) without reasonable excuse, fail to comply with a requirement or
direction of an inspector under this Act; or
(c) fail to answer a question put by an inspector to the best of the
person's knowledge, information or belief; or
(d) produce a document or record that the person knows is false or
misleading in a material particular; or
(e) use abusive, threatening or insulting language to an inspector, or a
person assisting an inspector; or
(f) falsely represent, by words or conduct, that the person is an
inspector.
Maximum penalty: $10 000.
(8) It is a reasonable excuse for a person to refuse or fail to answer a
question or to produce, or provide a copy of, a document or information as
required under this section on the ground that to do so might tend to
incriminate the person or make the person liable to a penalty.
20—Amendment
of section 23—Arrest without warrant
(1) Section 23(1)(a)—delete "against regulations made for the
purposes of section 14" and substitute:
the regulations
(2) Section 23(2)(b)—delete "his or her" and substitute:
the inspector's
21—Amendment
of section 24—Seizure and forfeiture
(1) Section 24(1)—delete subsection (1) and substitute:
(1) If an inspector has reason to suspect that any vehicle, vessel,
equipment or other thing has been used in, is otherwise involved in, or affords
evidence of, the commission of an offence against this Act, the inspector may
seize and retain the vehicle, vessel, equipment or other thing—
(a) until the expiry of a period of 60 days after the seizure;
or
(b) if a prosecution for an offence against this Act is commenced and the
vehicle, vessel, equipment or other thing may have been used in, been otherwise
involved in, or afford evidence of, the commission of the alleged
offence—until the prosecution is terminated.
(2) Section 24(2)—delete "ship, equipment or article" and
substitute:
vehicle, vessel, equipment or other thing
(3) Section 24(3)—delete "ship, equipment or article" and
substitute:
vehicle, vessel, equipment or other thing
(4) Section 24(4)—delete "ship, equipment or article" and
substitute:
vehicle, vessel, equipment or other thing
(5) Section 24(5)—delete "an article" and substitute:
a thing
(6) Section 24(6)—delete subsection (6)
22—Amendment
of section 27—Delegation
Section 27(1)—delete subsection (1) and substitute:
(1) The Minister may delegate to any body or person (including a person
for the time being holding or acting in a specified office or
position)—
(a) any of the Minister's duties, functions or powers under this Act;
or
(b) any duties, functions or powers that are, under any other Act or
statutory instrument, assigned to the Minister for the time being administering
this Act.
Section 29—delete the section and substitute:
29—Regulations
(1) The Governor may
make such regulations as are contemplated by, or are necessary or expedient for
the purposes of, this Act.
(2) Without limiting the generality of
subsection (1)
, the regulations may—
(a) prohibit or
restrict any of the following:
(i) the bringing into a protected zone of—
(A) equipment constructed or adapted for the purpose of diving, salvage or
recovery operations; or
(B) explosives, instruments or tools,
the use of which would be likely to damage or interfere with a historic
shipwreck or a historic relic situated within that protected zone;
(ii) the use within a protected zone of such equipment, explosives,
instruments or tools;
(iii) causing a vessel carrying such equipment, explosives, instruments or
tools to enter, or remain within, a protected zone;
(iv) trawling, diving or any other underwater activity within a protected
zone;
(v) the mooring or use of a vessel within a protected zone; and
(b) prohibit the doing of an act referred to in
paragraph (a)
except in accordance with a permit; and
(c) prescribe fees for the issue of a permit under this Act; and
(d) prescribe penalties, not exceeding $10 000, for offences against the
regulations; and
(e) fix expiation fees, not exceeding $750, for alleged offences against
the regulations; and
(f) empower inspectors to give expiation notices for alleged offences
against the regulations.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister;
and
(d) include evidentiary provisions to facilitate proof of breaches of the
regulations for the purposes of proceedings for offences.