South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"Adelaide Dolphin Sanctuary" has the same meaning as in the
Adelaide Dolphin Sanctuary Act 2005 ;
"adjacent land" means—
(a) land
extending from the low water mark on the seashore to the nearest road or
section boundary, or to a distance of 50 metres from high water mark
(whichever is the lesser distance); or
(b) land
extending from the edge of any other navigable waterway or body of water in
the State to the nearest road or section boundary or for a distance of 50
metres (whichever is the lesser),
(but does not include land vested in fee simple in any person other than the
Minister or land withdrawn from the Minister under the transitional
provisions);
"alcotest" means a test by means of apparatus approved for the purpose of
conducting alcotests under the Road Traffic Act 1961 ;
"analyst" means a person who is an analyst for the purposes of the Road
Traffic Act 1961 ;
"approved blood test kit" means a kit of a kind declared under the Road
Traffic Act 1961 to be an approved blood test kit;
"authorised person" means a person appointed under Part 2 or a police officer;
"breath analysing instrument" means apparatus of a kind approved as a
breath analysing instrument under the Road Traffic Act 1961 ;
"breath analysis" means an analysis of breath by means of a
breath analysing instrument;
"category 1 offence" means an offence against section 70(2) involving a
concentration of alcohol of less than .08 grams in 100 millilitres of blood;
"category 2 offence" means an offence against section 70(2) involving a
concentration of alcohol of not less than .08 grams but less than .15 grams in
100 millilitres of blood;
"category 3 offence" means an offence against section 70(2) involving a
concentration of alcohol of not less than .15 grams in 100 millilitres of
blood;
"CEO" means the chief executive officer of the Department;
"commercial vessel" means a vessel used for industrial, commercial or
scientific purposes and includes a vessel of a class declared by regulation to
be a class of commercial vessels;
"Commonwealth Act" means the Navigation Act 1912 of the Commonwealth;
"crew", of a vessel, includes—
(a) in
the case of a commercial vessel—the master;
(b) in
the case of a recreational vessel—the operator,
and any person acting in a position declared by regulation to be a position of
responsibility;
"department" means the department or administrative unit of the Public Service
that has, subject to the Minister, responsibility for administering this Act;
"drug screening test" means a test by means of an apparatus of a kind approved
under the Road Traffic Act 1961 for the purpose of conducting
drug screening tests;
"expiable offence" means an offence against this Act declared by regulation to
be an expiable offence;
"fishing vessel" means—
(a) a
vessel (not propelled solely by oars) used in the taking of fish for sale; or
(b) a
vessel (not propelled solely by oars) used in connection with aquaculture
whether or not it is used in the taking of fish for sale;
"harbor" means—
(a) any
of the harbors mentioned in Schedule 1 (unless declared by regulation not to
be a harbor); or
(b) a
place—
(i)
at which facilities exist for the loading or mooring of
vessels or at which such facilities might be conveniently established; and
(ii)
declared by regulation to be a harbor;
"hospital" means an institution declared under the Road Traffic Act 1961
to be a hospital for the purposes of section 47I of that Act;
"interest" in land means—
(a) any
legal or equitable estate or interest in the land; or
(b) any
easement, right, power, or privilege in, under, over, affecting, or in
connection with, the land;
"jurisdiction" means—
(a) the
State (and, in particular, the navigable waters within its limits); and
(b) so
much of the territorial sea of Australia as is adjacent to the State; and
(c) any
other navigable waters declared by regulation to be within the jurisdiction,
but does not include navigable waters declared by regulation not to be within
the jurisdiction;
"key position", in relation to the crew of a vessel, means—
(a) the
position of master or operator of the vessel; or
(b) a
position of a class declared by regulation to be one in relation to which a
certificate of competency is required;
"land" includes an interest in land;
"marine park" has the same meaning as in the Marine Parks Act 2007 ;
"master" means the person in charge of a commercial vessel but does not
include a licensed pilot acting as such;
"Metropolitan Adelaide" has the same meaning as in the
Development Act 1993 ;
"misconduct" includes negligence;
"navigation" of a vessel includes any movement of the vessel from place to
place whether or not the vessel moves or is moved under its own power;
"navigational aid" means—
(a) a
lighthouse, beacon, buoy, or other mark or structure (whether equipped with a
light or not) intended to be an aid to navigation; or
(b) a
radio beacon or other device intended to be an aid to navigation;
"operator" means the person in charge of a recreational vessel, while that
vessel is under way;
"oral fluid" includes saliva;
"oral fluid analysis" means an analysis of oral fluid by means of an apparatus
of a kind approved under the Road Traffic Act 1961 for the conduct of
oral fluid analyses;
"owner" of a vessel includes—
(a) in
relation to a commercial vessel—
(i)
a charterer; and
(ii)
an agent of the owner or the charterer;
(b) in
relation to a recreational vessel—a person who takes the vessel on hire;
"pilot" means a person, who although not a member of a vessel's crew,
temporarily takes control (subject however to the master's overriding
authority) of the vessel's navigation;
"port" means land and waters (which must comprise or include the whole or some
of the land and waters constituting a harbor) constituted as a port by the
regulations;
"port management officer" means—
(a) a
port management officer appointed under section 29; or
(b) an
authorised person;
"port operator" means—
(a) a
person authorised by a port operating agreement to operate a port; or
(b) if
there is no such person—the Minister;
"prescribed alcohol or drug offence" means an offence against Part 10 Division
4;
"prescribed circumstances"—a requirement to submit to an alcotest or
breath analysis under section 71, or a direction to stop a vessel for the
purpose of making such a requirement, is made or given in
prescribed circumstances if the authorised person who makes the requirement or
gives the direction believes on reasonable grounds that the person of whom the
requirement is, or is to be, made has, within the preceding
8 hours—
(a)
committed an offence of a prescribed class; or
(b)
behaved in a manner that indicates that his or her ability to do the following
is impaired:
(i)
operate a vessel; or
(ii)
as a member of the crew of a vessel, engage in duties
affecting the safe navigation, operation or use of the vessel; or
(c) been
involved in an accident as—
(i)
the operator of a vessel; or
(ii)
a member of the crew of a vessel who was, or ought to
have been, engaged in duties affecting the safe navigation, operation or use
of the vessel;
"prescribed concentration of alcohol" means a concentration of .05 grams or
more in 100 millilitres of blood;
"prescribed drug" means a substance declared under the Road Traffic
Act 1961 to be a prescribed drug;
"recreational vessel" means a vessel used for purposes that are not solely
industrial, commercial or scientific purposes and includes a vessel of a class
declared by regulation to be a class of recreational vessels;
"subjacent land" means land underlying navigable waters within the
jurisdiction;
"speed", in relation to a vessel, means speed with reference to a stationary
horizontal plane (as distinct from speed through water which may itself be in
motion);
"vessel" means—
(a) a
ship, boat or vessel used in navigation; or
(b) an
air-cushion vehicle, or other similar craft, used wholly or primarily in
transporting passengers or goods by water; or
(c) a
surf board, wind surf board, motorised jet ski, water skis or other similar
device on which a person rides through water; or
(d) a
structure that is designed to float in water and is used for commercial,
industrial or scientific purposes,
but does not include a structure of a class excluded by regulation from the
ambit of this definition;
"wreck" includes an abandoned vessel.
(2) For the purposes
of this Act, a person is taken to operate a vessel if that person—
(a)
rides on a surfboard or water skis or other similar device; or
(b) is
towed by a vessel.
(3) For the purposes
of this Act, the length of a vessel is to be determined in accordance with the
regulations.