2 Authorising provisions These Regulations are made under Part 8.10 and section 315 of the Marine Safety Act 2010. 3 Commencement r. 2 These Regulations come into operation on 1 July 2012. 4 Definitions In these Regulations— accredited person means a person who has been granted an accreditation under Division 3 of Part 8.1 of the Act; 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—
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); r. 4 registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); restricted visibility means conditions in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar cause; Roads Corporation has the same meaning as it has in section 3 of the Transport Integration Act 2010; service category has the same meaning as it has in Part B of the National Standard for Commercial Vessels; survey has the same meaning as it has in Section 4 of the National Standard for the Administration of Marine Safety; testing officer means a testing officer referred to in regulation 121; the Act means the Marine Safety Act 2010; towage service has the same meaning as it has in section 73A of the Port Management Act 1995; towage service provider means a person who provides a towage service in State waters; towage vessel has the same meaning as it has in section 73A of the Port Management Act 1995;
(xi) whether an Australian Builders Plate has been fixed to the vessel; (xii) the date of manufacture of the vessel, if known; (xiii) the construction material; (xiv) the make and model; and (e) be accompanied by the fee for boating facilities and safety education specified under regulation 136. 12 Period of registration r. 12 (1) On receiving an application under regulation 11, the Safety Director may register a vessel for a period not exceeding one (2) The registration of a vessel commences on the date specified as the commencement date on the registration label issued under regulation 24. (3) The registration of a vessel expires at the end of the day that is recorded in the register maintained by the Safety Director as the end of the term of the vessel's registration. 13 Notice of renewal of registration of a vessel (1) The Safety Director may give a registered person a notice of renewal of registration stating that if the registration of the vessel registered in the name of the registered person is not renewed on or before the date specified in the notice the registration of the vessel will expire. (2) The following are not affected if the Safety Director does not give a notice under subregulation (1)— (a) the expiry of the registration of the vessel; (b) the requirement that the vessel is registered when operated on State waters. year.
(c) coloured in contrast to the surface on which they are displayed. Division 9—Load lines and markings 80 Requirements in relation to load lines and markings r. 80 For the purposes of section 86 of the Act, the requirements for assigning and marking load lines are specified in Section 7 of the Uniform Shipping Laws Code. Division 10—Recognition of equivalent forms of certification 81 Interpretation In this Division— Administration has the same meaning as it has in Regulation 2 of Chapter I of the Safety Convention; Cargo Ship Radio Certificate means a certificate issued in accordance with Regulations 12(a)(iv) and 12 (a)(vi) of Chapter I of the Safety Convention; Cargo Ship Safety Construction Certificate means a certificate issued in accordance with Regulations 12(a)(ii) and 12 (a)(vi) of Chapter I of the Safety Convention; Cargo Ship Safety Equipment Certificate means a certificate issued in accordance with Regulations 12(a)(iii) and 12 (a)(vi) of Chapter I of the Safety Convention; certificate of registration means a certificate issued by an Administration certifying that a vessel is entitled to fly the flag of that Administration;
Prevention of Collisions Convention means the International Regulations for Preventing Collisions at Sea set out in the Appendix to the , made under section 425(1AA) of the Commonwealth Navigation Act; sailing vessel has the same meaning as it has in the Prevention of Collisions Convention; sidelights has the same meaning as it has in the Prevention of Collisions Convention; sternlight has the same meaning as it has in the Prevention of Collisions Convention; towing light has the same meaning as it has in the Prevention of Collisions Convention; vessel constrained by its draught has the same meaning as vessel restricted by her draught has in the Prevention of Collisions Convention; vessel not under command has the same meaning as it has in the Prevention of Collisions Convention; vessel restricted in its ability to manoeuvre has the same meaning as vessel restricted in her ability to manoeuvre has in the Prevention of Collisions Convention. 106 Application r. 106 For the purposes of this Division, Annex I, Annex II and Annex of the Prevention of Collisions Convention do not apply to vessels being operated on inland waters.
135 Prescribed place for the availability of an approved code of practice r. 135 For the purposes of section 275 of the Act, the prescribed place for an approved code of practice to be made available is Information Victoria, 505 Little Collins Street, Melbourne. __________________ Division 1—Registration 136 Fee for boating facilities and safety education r. 136 For the purposes of regulation 11(2)(e), the specified fee for boating facilities and safety education for a vessel of a type specified in Column 2 of the following Table is the amount specified in Column 3 of the Table opposite that type of vessel. Table Column 1 Item Column 2 Type of vessel Column 3 Fee 1 For a recreational vessel up to and including 4·0 metres in length powered with an engine 29 fee units for each year 2 For a recreational vessel over 4·0 metres in length powered with an engine 605 fee units for each year 137 Fee for transfer of registration of a vessel For the purposes of regulation 18(c), the specified fee is 128 fee units. 138 Fee for special identification plate
3 For vessels exceeding 10 metres in length or of or not exceeding 20 metres in length 253 fee units 169 fee units 4 For vessels exceeding 20 metres in length or of or not exceeding 35 metres in length 38 fee units 253 fee units 5 For vessels exceeding 35 metres in length 57 fee units 38 fee units 148 Fee for additional visit for an existing vessel survey r. 148 A fee of 84 fee units must be paid to the Safety Director for each additional visit by a surveyor authorised by the Safety Director that is required for the purposes of an existing vessel survey. 149 Fee for considering application for variation of conditions of a safe construction certificate For the purposes of regulation 72(2)(c)(ii), the specified fee is 21 fee units. 150 Fees for survey for alteration to service category of vessel (1) A fee of 63 fee units must be paid to the Safety Director for each hour spent by a person authorised by the Safety Director conducting
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 Port of Melbourne 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 162 Fee for application for issue or renewal of pilot exemption r. 162 (1) For the purposes of section 253(2)(b)(ii) of the Act, the prescribed fee is 1·54 fee units. (2) In addition, a fee of 1·54 fee units must be paid to the Safety Director for considering an application for the renewal of a pilot exemption. 163 Fee for issue or renewal of pilot exemption
Part Part (k) any standard or specifications approved by the Director. 3—PFD TYPE 2 3. A personal flotation device is a PFD Type 2 if it complies with— Sch. 1 (a) AS 1499—1996 "Personal flotation 2"; or (b) AS 4758.1—2008 "Personal flotation 1: General requirements" relating to Level 50 PFDs; or (c) International Standard ISO 12402-5:2006(E) "Personal flotation devices—Part 5: Buoyancy aids (level 50)—Safety requirements". 4—PFD TYPE 3 4. A personal flotation device is a PFD Type 3 if it complies with AS 4758.1—2008 "Personal flotation 1: General requirements" relating to Level 50 Special Purpose PFDs. __________________ SCHEDULE 2 Sch. 2 TABLE A Regulation 92(2)(b) Column 1 Item number Column 2 Length of recreational vessel Column 3 Maximum number of persons 1 Less than 3 metres 2
14 metres 9 14 metres or more but less than 15 metres 16 10 15 metres or more 17 TABLE C Regulation 92(2)(d) Sch. 2 6 2·5 3 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 9 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 18 10 15 metres or more 19
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
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 7 metres 11 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
9 metres 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 7 metres 8 2 7 metres or more but less than 8 metres 9 3 8 metres or more but less than 9 metres 10 4 9 metres or more but less than 10 metres 12 5 10 metres or more but less than 11 metres 13 6 11 metres or more but less than 14
25 Compass 1—if more than 2 nautical miles from the coast 26 Red star parachute distress rocket 1—if more than 2 nautical miles from the coast Sch. 3 Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for coastal waters 27 Hand-held orange smoke signal 2—if more than 2 nautical miles from the coast 28 Hand-held red distress flares 2—if more than 2 nautical miles from the coast 29 Yacht Anchor, and chain or line or both 1 30 Electric or manual bilge pumping system 1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces 31 Bailer 1—if no electric or manual bilge pumping system 32 Compass 1—if more than 2 nautical miles from the coast 33 Bucket with lanyard 1 34 Red star parachute distress rocket 1—if more than 2 nautical miles from the coast 35 Hand-held orange smoke signal 2 36 Hand-held red distress flares 2 37 Waterproof buoyant torch 1 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
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 5 Off-the-beach sailing yacht PFD Type 1 or PFD Type 2 1 for each person on board 6 Yacht PFD Type 1 1 for each person on board Human powered recreational vessels 7 Kayak, canoe, raft and rowing boat PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board 8 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 9 Funboat and pedal boat PFD Type 1, PFD Type 2 or PFD Type 3 1 for each person on board TABLE E Sch. 3 Regulations 96(5), 96(7) Column 1 Item number Column 2 Class of vessel Column 3 Item of equipment Column 4 Requirements for inland waters Mechanically powered recreational vessels 1 Power boat up to and including 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
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 5 Off-the-beach PFD Type 1 or PFD 1 for each person on board
Type 2 6 Canoe, kayak, rowing boat, raft, stand up paddleboard, pedal boat or funboat PFD Type 1, PFD 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 Column 2 Column 3
Column 1 Item number Column 2 Vessel type Column 3 PFD requirements for enclosed waters 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: