Title: Harbors and Navigation (Miscellaneous) AmendmentBill 2009
Author: Office of Parliamentary Counsel
Category: royal.arms.unofficial
Document comments: ha117A

House of Assembly
As passed all stages and awaiting assent.
This is an unofficial copy and is subject to correction.

Harbors and Navigation (Miscellaneous) Amendment Bill 2009

Harbors and Navigation (Miscellaneous) Amendment Bill 2009
Part 1—Preliminary

Harbors and Navigation (Miscellaneous) Amendment Bill 2009
Preliminary—Part 1

Harbors and Navigation (Miscellaneous) Amendment Bill 2009
Part 2—Amendment of Harbors and Navigation Act 1993

Harbors and Navigation (Miscellaneous) Amendment Bill 2009
Amendment of Harbors and Navigation Act 1993—Part 2

Harbors and Navigation (Miscellaneous) Amendment Bill 2009
Schedule 1—Transitional provisions

Harbors and Navigation (Miscellaneous) Amendment Bill 2009
Transitional provisions—Schedule 1

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:
Part 1—Preliminary
1—Short title
This Act may be cited as the Harbors and Navigation (Miscellaneous) Amendment Act 2009.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
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
6—Insertion of section 90A
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
1—Interpretation
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 15 of the Harbors and Navigation Regulations 2009 as in force immediately before the commencement of this Act.
2—Funds
On the commencement of this Act, all money in the Recreational Boating Facilities Fund must be transferred into the Facilities Fund.

Unofficial copy