1996 No 358 New South Wales Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1996 under the Navigation Act 1901 His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Navigation Act 1901. CARL SCULLY Minister for Ports Explanatory note The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, may be used in any information, complaint, summons, warrant, notice, order or other document to describe an offence under section 113 of the Navigation Act 1901 that arises because of a contravention of certain rules under the Navigation (Collision) Regulations 1983. The rules relate to the lights to be exhibited by vessels. This Regulation is made under the regulation making powers of the Navigation Act 1901 (section 165A), as extended by section 145B (3) of the Justices Act 1902. Published in Gazette No 91 of 2 August 1996, page 4464 Page 1 1996 No 358 Clause 1 Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1996 Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1996 1 Name of Regulation This Regulation is the Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1996. 2 Commencement This Regulation commences on 2 August 1996. 3 Amendment of Navigation (Collision) Regulations 1983 The Navigation (Collision) Regulations 1983 are amended as set out in Schedule 1. 4 Notes The explanatory note does not form part of this Regulation. Schedule 1 Amendment of Navigation (Collision) Regulations1983 (Clause 3) [1] Clause 2A Insert after clause 2: 2A Interpretation Notes in these Regulations are explanatory notes and do not form part of the Regulations. [2] Clause 10A Insert after clause 10: 10A Short descriptions of offences (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression for an offence under section 113 of the Navigation Act 1901, being an offence that arises under a provision of these Regulations specified in Column 1 of Schedule 3, is the expression set out opposite that provision in Column 2 of Schedule Page 2 1996 No 358 Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1996 Amendment of Navigation (Collision) Regulations 1983 Schedule 1 (2) If a choice of words is indicated in Column 2 of Schedule 3, the words remaining after the omission of words irrelevant to the offence constitute the prescribed expression. In this Regulation, a reference to a provision in Schedule 3 in relation to an offence is a reference to that provision as in force at the time the offence is alleged to have occurred. The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed. Subclause (4) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have- been committed before the amendment or repeal. Note The Management of Waters and Waterside bands RegulationsN.S.W. (clause 124 and the Seventh Schedule) allows authorised officers to issue penalty notices for offences arising under the provisions of these Regulations specified in Schedule 3. (3) (4) (5) [3] Schedule 3 Insert after Schedule 2: Schedule 3 Column 1 Short descriptions of offences (Clause 10A) Column 2 Short description Provision of these Regulations Schedule 1, Rule 23 (a) and (c) Schedule 1, Rule 23 (a) and (c) Owner power-driven vsl underway without required lights Master power-driven vsl underway without required lights Page 3 1996 No 358 Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1995 Schedule 1 Amendment of Navigation (Collision) Regulations 1983 Column 1 Provision of these Regulations Column 2 Short description Schedule 1, Rule 23 (b) Schedule 1, Rule 23 (b) Schedule 1, Rule 24 (a) Schedule 1, Rule 24 (a) Schedule 1, Rule 24 (c) Schedule 1, Rule 24 (c) Schedule 1, Rule 25 (a) and (b) Schedule 1, Rule 25 (a) and (b) Schedule 1, Rule 26 (b) Schedule 1, Rule 26 (b) Schedule 1, Rule 26 (c) Schedule 1, Rule 26 (c) Schedule 1, Rule 26 (e) Schedule 1, Rule 26 (e) Schedule 1, Rule 27 (a) Schedule 1, Rule 27 (a) Schedule 1, Rule 27 (b) Owner air-cushion vsl operating without required lights Master air-cushion vsl operating without required lights Owner power-driven vsl towing without required lights Master power-driven vsl towing without required lights power-driven vsl pushing/ Owner ! towing without required lights Master powerdriven vsl pushing/ towing without required lights Owner sailing vsl underway fail to exhibit required lights Master sailing vsl underway fail to exhibit required lights Owner vsl engaged in trawling without requir d lights e Master vsl engaged in trawling without required lights Owner vsl fishing (not trawling) without required lights Master vsl fishing (not trawling) without required lights Owner vsl not engaged in fishing exhibit fishing lights Master vsl not engaged in fishing exhibit fishing lights Owner vsl not under command without required lights Master vsl not under command without required lights Owner vsl restricted manoeuvres without required lights Page 4 1996 No 358 Navigation (Collision) Amendment (Short Descriptions of Offences) Regulation 1996 Amendment of Navigation (Collision) Regulations 1983 Schedule 1 Column 4 Provision of these Regulations Column 2 Short description Schedule 1, Rule 27 (b) Schedule 1, Rule 27 (c) Schedule 1, Rule 27 (c) Schedule 1, Rule 27 (d) Schedule 1, Rule 27 (d) Schedule 1, Rule 27 (e) Schedule 1, Rule 27 (e) Schedule 1, Rule 29 (a) Schedule 1, Rule 29 (a) Schedule 1, Rule 30 (a) and (b) Schedule 1, Rule 30 (a) and (b) Schedule 1, Rule 30 (d) Schedule 1, Rule 30 (d) Master vsl restricted manoeuvres without required lights Owner powered vsl restricted by tow without required lights Master powered vsl restricted by tow without required lights Owner vsl dredging/underwater operations without required lights Master vsl dredging/underwater operations without required lights Owner vsl engaged in diving without required lights Master vsl engaged in diving without required lights Owner vsl on pilotage duty without required lights Master vsl on pilotage duty without required lights Owner vsl at anchor without required lights Master vsl at anchor without required lights Owner vsl aground without required lights Master vsl aground without required lights Page 5