❓ A WA parliamentary question addresses the legality and safety of Fisheries vessels operating at night without navigation lights. The Minister confirms the practice occurred under a marine safety memorandum and ceased in July 2004.
AnsweredQoN 748Legislative Council
QuestionView source ↗
I refer to - Hon Nick Griffiths: This is a fishing expedition. Hon GEORGE CASH: It is. I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE
AnswerView source ↗
I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon Nick Griffiths: This is a fishing expedition. Hon GEORGE CASH: It is. I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon GEORGE CASH: It is. I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
[See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon Nick Griffiths: This is a fishing expedition. Hon GEORGE CASH: It is. I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon GEORGE CASH: It is. I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
I refer to the minister’s previous answers to questions raised about the decision to authorise Department of Fisheries vessels to run at sea in darkness without navigation lights in contravention of maritime regulations. (1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(1) Will the minister advise the House of the relevant provisions of the Act or regulation that provided the lawful authority for the breach of the Navigation Act 1912 and regulations made under that Act? (2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(2) Is the minister aware of the provisions of the Marine Order Part 30, issued by the Australian Maritime Safety Authority, which deals with the rules applicable to the prevention of collisions at sea? (3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(3) Will the minister advise whether there is any provision in the rules that exonerates any vessel or the owner, master or crew thereof from the consequences of any neglect to comply with the rules or the neglect of any precaution that may be required by the ordinary practice of seaman or by the special circumstances of the case? (4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(4) Has the practice of allowing Department of Fisheries vessels to run at sea in darkness without navigation lights ceased; and, if so, when did this occur? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
I thank the member for some notice of this question. (1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(1) Department of Fisheries vessels have operated without displaying navigation lights, which is required by legislation, while conducting covert compliance operations in accordance with the marine safety memorandum headed “Government vessels operating without navigation lights”. Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon Peter Foss: Under which Act? Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
Hon KIM CHANCE: In accordance with a marine safety memorandum. I did not quote an Act. The policy was prepared after consultation with the State Solicitor’s Office and recognises that from time to time fisheries and police vessels may need to operate at night without navigation lights. It advises that if these vessels are operating in covert activities and are not displaying navigation lights, prosecution would not be warranted due to the technical offence and public interest considerations, provided that the activities were conducted in accordance with Department of Fisheries internal conditions. These internal conditions are safety measures that must be adhered to during such covert operations for reasons of safety for not only the government vessel and crew but also any other vessel and crew in the vicinity. I table a copy of that policy. [See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
[See paper No 2615.] (2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(2) I am not familiar with Marine Orders, Part 30, but I understand it applies to a ship to which division 11 of part IV of the commonwealth Navigation Act 1912 applies. (3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(3) I am not aware of any current provisions as they apply ordinarily to seagoing vessels. (4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
(4) Yes, the practice ceased on 29 July 2004. Action is being progressed to ensure that covert compliance can occur. Unless both police and fisheries officers are able to effectively undertake covert surveillance, the detection of offences fundamental to solving issues of crime or illegal practices in the fishing industry, such as unlawful pot pulling or theft of product, cannot be easily conducted.
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