Australian Builders Plate has the same meaning as it has in the Australian Builders Plate Standard; Australian court means any court or Tribunal of a State or Territory of Australia; breadth has the same meaning as it has in Part B of the National Standard for Commercial Vessels; certified copy, in relation to a permission, means a copy of a permission that has been certified to be a true copy of that permission by— (a) the Safety Director; or (b) a person authorised under section 107A(1) or 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of statutory declarations or take affidavits; certified extract, in relation to a safe construction certificate or safe operation certificate, means an extract of a certificate that has been certified to be a true extract of that certificate by— (a) the Safety Director; or (b) a person authorised under section 107A(1) or 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of statutory declarations or take affidavits; Class, in relation to a commercially operated vessel, means the classification of the vessel as specified in Part 3 of Section 1 of the Uniform Shipping Laws Code; r. 4
design phase has the same meaning as it has in Section 4 of the National Standard for the Administration of Marine Safety; r. 4 designated hazardous area means— (a) Port Phillip Heads; or (b) any area of State waters declared as a designated hazardous area under regulation 6; diving equipment means underwater breathing apparatus of a kind that is self-contained (scuba) or is surface supplied; disabled means not capable of making way through the water; enclosed waters means— (a) the declared port waters inside the seaward entrance of the following local ports— (i) the Port of Apollo Bay; (ii) the Port of Anderson Inlet; (iii) the Port of Gippsland Lakes; (iv) the Port of Snowy River; (v) the Port of Mallacoota; (vi) the Port of Port Fairy; (b) the declared port waters of the Port of Barwon Heads upstream of the Barwon Heads–Ocean Grove road bridge; (c) the declared port waters of the Port of Corner Inlet and Port Albert east of a line between Port Welshpool shipping pier and Bentley Point (inside the entrances);
Part F Section 2 of the National Standard for Commercial Vessels means the provisions of Part F—Section 2—Leisure Craft—Edition 1 of the NSCV declared under section 427(3)(a) of the Commonwealth Navigation Act as in existence on 25 October 2010 and referred to in order published in the Commonwealth of Australia Gazette on 3 November 2010; passenger means any person on board a vessel other than— (a) the master and members of the crew or other persons employed or engaged in any capacity in the business of that vessel; and (b) a child under one year of age; personal flotation device means a PFD Type 1, a PFD Type 2 or a PFD Type 3; personal particulars, of a person, means the following details— (a) the first name, second and third initials (if any) and family name of the person; (b) the person's gender; (c) the person's date of birth; (d) the person's residential address; (e) if there is no postal address to the person's residential address, the address for the service of notices under these Regulations; r. 4 PFD Type 1 means a personal flotation device of a type described in Part 2 of Schedule 1; PFD Type 2 means a personal flotation device of a type described in Part 3 of Schedule 1;
(a) complete and sign the relevant section of a transfer of ownership in the form approved for that purpose by the Safety Director; and (b) give the completed transfer of ownership to the Safety Director. Penalty: 20 penalty units. 77 Transfer of safe construction certificate (1) On receiving a completed transfer of ownership under regulation 76, the Safety Director must transfer any safe construction certificate the Safety Director has issued in respect of the vessel or fleet of vessels into the name of the person acquiring the vessel or fleet of vessels. (2) To avoid doubt, the transfer of a certificate under subregulation (1) does not have the effect of extending the expiry date of the certificate. 78 Transfer of safe operation certificate r. 77 (1) A person who acquires a commercially operated vessel or fleet of vessels may apply to the Safety Director for any safe operation certificate the Safety Director has issued in respect of the vessel or fleet of vessels to be transferred into the name of the person acquiring the vessel or fleet of vessels. (2) An application under subregulation (1) must— (a) be in the form approved by the Safety Director; and (b) contain a declaration that the applicant will, until the applicant advises the Safety Director otherwise, ensure that the vessel or fleet of vessels is operated— (i) in the same geographic area as it was prior to the transfer of ownership; and
A fee of 46 fee units must be paid to the Safety Director for the issue of a duplicate of a pilot licence. 161 Examination fees for pilot licences A person who sits an examination for the issue, variation or renewal of a pilot licence for the ports and channels described in Column 2 of the following Table must pay to the Safety Director the amount specified in Column 3 of the Table opposite that port or channel. Table Column 1 Item Column 2 Ports and channels Column 3 Fee 1 waters, waters, declared port waters of the , and declared port waters of the 1055 fee units 2 waters, declared port waters of the , and declared port waters of the 8445 fee units 3 waters, waters and declared port waters of the 8445 fee units 4 waters and declared port waters of the 633 fee units 5 Port of Melbourne waters and Port of Hastings waters 633 fee units 6 waters and declared port waters of the 633 fee units 7 Declared port waters of the and waters 422 fee units 8 Declared port waters of the and declared port waters of the 422 fee units 9 waters and declared port waters of the 422 fee units 10 waters (both channels) 422 fee units
Column 1 Item Column 2 Ports and channels Column 3 Fee 1 waters, waters, declared port waters of the , and declared port waters of the 1055 fee units 2 waters, declared port waters of the , and declared port waters of the 8445 fee units 3 waters, waters and declared port waters of the 8445 fee units 4 waters and declared port waters of the 633 fee units 5 Port of Melbourne waters and Port of Hastings waters 633 fee units 6 waters and declared port waters of the 633 fee units 7 Declared port waters of the and waters 422 fee units 8 Declared port waters of the and declared port waters of the 422 fee units 9 waters and declared port waters of the 422 fee units 10 waters (both channels) 422 fee units 11 waters (one channel) 2475 fee units 12 Declared port waters of the 2475 fee units 13 waters 2475 fee units 14 Declared port waters of the 2475 fee units 166 Application for registration as a pilotage services provider r. 166 For the purposes of section 240(2)(c) of the Act, the prescribed fee is 13·5 fee units.
14 metres 9 14 metres or more but less than 15 metres 19 10 15 metres or more 21 TABLE E Regulation 92(2)(f) Sch. 2 6 3·5 4 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 7 metres 9 2 7 metres or more but less than 8 metres 10 3 8 metres or more but less than 9 metres 12 4 9 metres or more but less than 10 metres 13 5 10 metres or more but less than 11 metres 15 6 11 metres or more but less than 12 metres 16 7 12 metres or more but less than 13 metres 18 8 13 metres or more but less than 14 metres 19 9 14 metres or more but less than 15 metres 21 10 15 metres or more 22
TABLE F Regulation 92(2)(g) Sch. 2 6 4 4·5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 7 metres 9 2 7 metres or more but less than 8 metres 11 3 8 metres or more but less than 9 metres 12 4 9 metres or more but less than 10 metres 14 5 10 metres or more but less than 11 metres 15 6 11 metres or more but less than 12 metres 17 7 12 metres or more but less than 13 metres 19 8 13 metres or more but less than 14 metres 20 9 14 metres or more but less than 15 metres 22 10 15 metres or more 23 TABLE G Regulation 92(2)(h) Sch. 2 6
4·5 5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 7 metres 10 2 7 metres or more but less than 8 metres 11 3 8 metres or more but less than 9 metres 13 4 9 metres or more but less than 10 metres 15 5 10 metres or more but less than 11 metres 16 6 11 metres or more but less than 12 metres 18 7 12 metres or more but less than 13 metres 20 8 13 metres or more but less than 14 metres 21 9 14 metres or more but less than 15 metres 23 10 15 metres or more 25 TABLE H Regulation 92(2)(i) Sch. 2 6 5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 11
7 metres 2 7 metres or more but less than 8 metres 13 3 8 metres or more but less than 9 metres 14 4 9 metres or more but less than 10 metres 16 5 10 metres or more but less than 11 metres 18 6 11 metres or more but less than 12 metres 20 7 12 metres or more but less than 13 metres 21 8 13 metres or more but less than 14 metres 23 9 14 metres or more but less than 15 metres 25 10 15 metres or more 27 TABLE I Regulation 92(2)(j) Sch. 2 6 2·5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 7 metres 5 2 7 metres or more but less than 8 metres 6 3 8 metres or more but less than 9 metres 7 4 9 metres or more but less than 8
13 metres 8 13 metres or more but less than 14 metres 13 9 14 metres or more but less than 15 metres 14 10 15 metres or more 15 TABLE K Regulation 92(2)(l) Sch. 2 6 3 3·5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 7 metres 6 2 7 metres or more but less than 8 metres 7 3 8 metres or more but less than 9 metres 8 4 9 metres or more but less than 10 metres 10 5 10 metres or more but less than 11 metres 11 6 11 metres or more but less than 12 metres 13 7 12 metres or more but less than 13 metres 13 8 13 metres or more but less than 14 metres 14 9 14 metres or more but less than 15 metres 15 10 15 metres or more 16
4·5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 7 metres 7 2 7 metres or more but less than 8 metres 8 3 8 metres or more but less than 9 metres 10 4 9 metres or more but less than 10 metres 11 5 10 metres or more but less than 11 metres 12 6 11 metres or more but less than 12 metres 14 7 12 metres or more but less than 13 metres 15 8 13 metres or more but less than 14 metres 16 9 14 metres or more but less than 15 metres 17 10 15 metres or more 19 TABLE N Regulation 92(2)(o) Sch. 2 6 4·5 5 Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 6 metres or more but less than 8
38 Lifebuoy 1—if vessel is 8 metres or more in length but not more than 12 metres in length 2—if vessel is more than 12 metres in length 39 Dinghy or liferaft 1—if vessel is more than 12 metres in length Human powered recreational vessels 40 Kayak, canoe, raft and rowing boat Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 41 Bailer 1—if no electric or manual bilge pumping system Sch. 3 Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for coastal waters 42 Compass 1—if more than 2 nautical miles from the coast 43 Hand-held orange smoke signal 2—if more than 2 nautical miles from coast 44 Hand-held red distress flares 2—if more than 2 nautical miles from coast 45 Waterproof buoyant torch 1—if more than 2 nautical miles from coast 46 Spare oar with rowlock, or spare pair of oars with rowlocks, or spare paddle, as the case may be, to properly operate that kind of vessel 1—if more than 2 nautical miles from coast 47 Stand up paddleboard PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board—if more than 400 metres from the shore 48 Compass 1—if more than 2 nautical miles from the coast 49 Hand-held orange smoke signal 2—if more than 2 nautical miles from coast 50 Hand-held red distress flares 2—if more than 2 nautical miles from coast
51 Waterproof buoyant torch 1—if more than 2 nautical miles from coast Sch. 3 TABLE B Regulations 96(2), 96(7) Sch. 3 Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for coastal waters Mechanically powered recreational vessels 1 Power boat up to and including 48 metres in length PFD Type 1 1 for each person on board or being towed 2 EPIRB 1—if more than 2 nautical miles from the coast 3 Marine radio 1—if more than 2 nautical miles from the coast 4 Power boat more than 48 metres in length PFD Type 1 1 for each person on board or being towed 5 EPIRB 1—if more than 2 nautical miles from the coast 6 Marine radio 1—if more than 2 nautical miles from the coast 7 Personal watercraft PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board or being towed 8 EPIRB 1—if more than 2 nautical miles from the coast 9 Recreational tender PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board Sail powered recreational vessels 10 Off-the-beach sailing yacht PFD Type 1 1 for each person on board when operating more than 2 nautical miles from coast 11 PFD Type 1 or PFD Type 2 1 for each person on board when operating 2 nautical miles from coast or less 12 EPIRB 1—if more than 2 nautical miles from the coast
19 Bailer 1—if no electric or manual bilge pumping system and if vessel is not without intervention from crew 20 Yacht Anchor, and chain or line or both 1 21 Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 22 Bailer 1—if no electric or manual bilge pumping system 23 Bucket with lanyard 1 24 Hand-held orange smoke signal 2 25 Hand-held red distress flares 2 26 Waterproof buoyant torch 1 Sch. 3 Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for enclosed waters 27 Lifebuoy 1—if vessel is 8 metres or more in length but not more than 12 metres in length 2—if vessel is more than 12 metres in length 28 Dinghy or liferaft 1—if vessel is more than 12 metres in length Human powered recreational vessels 29 Kayak, canoe, raft and rowing boat Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 30 Bailer 1—if no electric or manual bilge pumping system Sch. 3 TABLE D Sch. 3 Regulations 96(4), 96(7)
48 metres in length bilge pumping system compartments, other than airtight void spaces 2 Bailer 1—if no electric or manual bilge pumping system 3 Bucket with lanyard 1 4 Pair of oars with rowlocks or pair of paddles 1 5 Waterproof buoyant torch 1 6 Power boat more than 48 metres in length Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 7 Bailer 1—if no electric or manual bilge pumping system 8 Bucket with lanyard 1 9 Waterproof buoyant torch 1 10 Lifebuoy 1—if vessel is 8 metres or more in length but not more than 12 metres in length 2—if vessel is more than 12 metres in length 11 Personal watercraft Waterproof buoyant torch 1 Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for inland waters Sail powered recreational vessels 12 Off-the-beach sailing yacht Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 13 Bailer 1—if no electric or manual bilge pumping system and if vessel is not without intervention from crew 14 Yacht Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor
compartments, other than airtight void spaces 15 Bailer 1—if no electric or manual bilge pumping system 16 Bucket with lanyard 1 17 Waterproof buoyant torch 1 18 Lifebuoy 1—if vessel is 8 metres or more in length but not more than 12 metres in length 2—if vessel is more than 12 metres in length Human powered recreational vessels 19 Kayak, canoe, raft and rowing boat Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 20 Bailer 1—if no electric or manual bilge pumping system Sch. 3 TABLE F Sch. 3 Regulations 96(3), 96(7) Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for coastal waters Mechanically powered recreational vessels 1 Power boat up to and including 48 metres in length PFD Type 1 1 for each person on board or being towed 2 Power boat more than 48 metres in length PFD Type 1 1 for each person on board or being towed 3 Personal watercraft PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board or being towed 4 Recreational tender PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board Sail powered recreational vessels
raft, stand up paddleboard, pedal boat or funboat Type 2 or PFD Type 3 TABLE B Sch. 4 Regulation 100(2) Column 1 Item number Column 2 Vessel type Column 3 PFD requirements for enclosed waters 1 Powerboat up to and including 48 metres in length PFD Type 1 2 Personal watercraft PFD Type 1, PFD Type 2 or PFD Type 3 3 Recreational tender PFD Type 1 or PFD Type 2 4 Off-the-beach sailing yacht PFD Type 1 or PFD Type 2 5 Kiteboard or sailboard PFD Type 1, PFD Type 2 or PFD Type 3 6 Canoe, kayak, rowing boat, raft, stand up paddleboard, pedal boat or fun boat PFD Type 1, PFD Type 2 or PFD Type 3 TABLE C Sch. 4 Regulation 100(3) Column 1 Item number Column 2 Vessel type Column 3 PFD requirements for inland waters 1 Powerboat up to and including PFD Type 1, PFD
1 Powerboat more than 48 metres but not more than 12 metres in length PFD Type 1 2 Yacht PFD Type 1 or PFD Type 2 TABLE F Sch. 4 Regulation 101(3) Column 1 Item number Column 2 Vessel type Column 3 PFD requirements for inland waters 1 Powerboat more than 48 metres but not more than 12 metres in length PFD Type 1, PFD Type 2 or PFD Type 3 2 Yacht PFD Type 1, PFD Type 2 or PFD Type 3 __________________ SCHEDULE 5 Sch. 5 Regulation 115 Court Ref. This warrant is issued for the purpose of searching for and seizing the recreational vessel described. Description of vessel authorised for seizure: Identification mark (if known): identification number (if known): Make, model, type and colour of vessel: Premises which may be searched for vessel:
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2012 is $12.53. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation of Code Flag "R" International Code of Signals 2005 Edition as published by the International Maritime Organization in 2005 Appendix 2 Code Flag R Regulation of enclosed waters Chart AUS 150 Coast—Victoria—Western Port" as published by the Australian Hydrographic Service, Royal Australian Navy on 22 March 1995 Whole Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation of length International Standard ISO 8666:2002(E) "Small data" as published by the International Organization for Standardization on 1 November 2002 Clause 5 Regulation of lifebuoy Australian Standard AS "Rescue buoys" as published by Standards Australia on 12 March 1990 Whole Regulation of marine radio Australian/New Zealand Standard AS/NZS 4415.2:2003 "Radiotelephone transmitters and receivers for the maritime mobile service operating in the VHF bands—Technical characteristics and methods of 2: Major coast stations, limited coast stations, ship stations and handheld stations (non DSC) (ETS 300 162:1998, MOD)" as published jointly by Standards Australia and Standards New Zealand on 28 January 2003 reissued incorporating Amendment No. 1 (June 2004) Part 2 Regulation of portable fire extinguisher Australian/New Zealand Standard AS/NZS 1841.1:2007 "Portable fire extinguishers—Part 1: General requirements" as published jointly by Standards Australia and Standards New Zealand on Whole Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
International Standard ISO 12402-4:2006(E) "Personal flotation devices—Part 4: Lifejackets, performance level 100—Safety requirements" as published by the International Organization for Standardization on 1 September 2006 Whole National Standard of Canada CAN/CGSB-65.11-M88 "Personal Flotation Devices" as published by the Canadian General Standards Board on 1 February 1988 and amended on 1 January 1997 Whole National Standard of Canada CAN/CGSB-65.15-M88 "Personal Flotation Devices for Children" as published by the Canadian General Standards Board on 1 April 1988 and amended on 1 January 1997 and incorporating the corrigendum dated August 2000 Whole Underwriters Laboratories Standard UL 1180 "Fully Inflatable Recreational Personal Flotation Devices" 2nd Edition as published by Underwriters Laboratories on 15 May 1995 Whole New Zealand Standard NZS 5823:2005 "Specification for Buoyancy Aids and Marine Safety Harnesses and Lines" as published by Standards New Zealand on 31 May 2005 Section 401 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Schedule 3—PFD Type 2 Australian Standard AS "Personal flotation devices—Type 2" as published by Standards Australia on 5 January Whole Australian Standard AS "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008, reissued incorporating Amendment No. 1 (November 2009) Whole International Standard ISO 12402-5:2006(E) "Personal flotation devices—Part 5: Buoyancy aids (level 50)—Safety requirements" as published by the International Organization for Standardization on 1 September 2006 Whole Schedule 4—PFD Type 3 Australian Standard AS "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008, reissued incorporating Amendment No. 1 (November 2009) Whole Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document