84 Definitions See: Act No. 52/1988. Reprint No. 8 as at 1 January 2011 and amending Act Nos 93/2009, 65/2010, 74/2010, 38/2011, 65/2011, 78/2011 and 66/2012. LawToday: www. legislation. vic.gov.au s. 84 (1) In section 3(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988— (a) the definitions of Australian fishing vessel, commercial vessel, fishing vessel, government vessel and trading vessel are repealed; (b) for the definition of certificate of competency substitute— "certificate of competency has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;"; (c) insert the following definitions— "domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law; National Regulator means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law;"; (d) for the definition of hire and drive vessel substitute— "hire and drive vessel has the same meaning as in the Marine Safety Act 2010;"; (e) in the definition of prescribed concentration of alcohol, in paragraph (a)(ii), for "commercial or government vessel" substitute "domestic commercial vessel"; (f) for the definition of recreational vessel substitute—
(2) In section 228ZBA(3) of the Transport (Compliance and Miscellaneous) Act 1983, after "subsection (1)(c)" insert ", (ca)". 91 Person in charge must stop and provide licence or certificates when directed s. 91 In section 228ZNA(4) of the Transport (Compliance and Miscellaneous) Act 1983, after "2010" insert "or the Marine Safety (Domestic Commercial Vessel) National Law". Division 6—Amendment of Transport Integration Act 2010 92 Definitions See: Act No. 6/2010. Reprint No. 3 as at 24 January 2013 and amending Act Nos 6/2010, 34/2011 and 61/2011. LawToday: www. legislation. vic.gov.au (1) In section 3 of the Transport Integration Act 2010, in paragraph (b)(i) of the definition of marine safety matter, for "holding a certificate of competency or service" substitute "providing a service". (2) In section 3 of the Transport Integration Act 2010 insert the following definition— "National Regulator means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law;". (3) In section 3 of the Transport Integration Act 2010, after paragraph (ga) of the definition of transport legislation insert— "(gb) the Marine Safety (Domestic Commercial Vessel) National Law; (gc) the Marine (Domestic Commercial Vessel National Law Application) Act 2013;".
Column 1 Item Column 2 Size of vessel Column 3 For all Class 1 vessels fee per metre of the length of vessel Column 4 For all other Classes of vessels fee per metre of the length of vessel 1 For new vessels of or not exceeding 7·5 metres in length 565 fee units 565 fee units 2 For new vessels exceeding 7·5 metres in length and less than 20 metres in length 505 fee units 44 fee units 3 For new vessels of or exceeding 20 metres in length 44 fee units 314 fee units Sch. 4 Fee for booking a survey for existing domestic commercial vessel The fee to be paid at the time of booking a survey for an existing domestic commercial vessel is 84 fee units. 5 Fee for survey of existing domestic commercial vessel The fee to be paid for the survey of an existing domestic commercial vessel of a size specified in Column 2 of the following Table is the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel. Table
certificate means any of the following: (a) a certificate of operation; (b) a certificate of survey; (c) a certificate of competency. COAG means the Council of Australian Governments. COAG council means the council established by COAG that has responsibility for marine safety. Commonwealth Minister means the Minister of State of the Commonwealth administering this Law, which is the Minister for Transport and Infrastructure. Annexure 1 crew of a vessel means individuals employed or engaged in any capacity on board the vessel on the business of the vessel, other than the master of the vessel or a pilot. Criminal Code means the Criminal Code of the Commonwealth. defence vessel means a warship or other vessel that: (a) is operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and (b) bears external marks of nationality; and (c) is manned by seafarers under armed forces discipline (however described). domestic commercial vessel has the meaning provided in clause 7. foreign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth. hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants.
(iii) dealing with an emergency involving a serious threat to the environment; or (b) for another purpose prescribed by the regulations. (3) A suspension: (a) comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and (b) remains in force until: (i) the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or (ii) if no period is specified—the end of the prescribed period; unless it is revoked earlier. (4) A period referred to in subsection (3)(b)(i) may be specified by reference to the fulfilment of a requirement or condition specified by the Regulator. 42 Revocation of certificate of survey (1) The National Regulator must revoke a certificate of survey if: (a) an application for revocation of the certificate has been made under section 39; and (b) the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met. (2) The National Regulator must revoke a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met. 43 Offence—operating etc. a vessel without a certificate of survey (owner) (1) The owner of a domestic commercial vessel commits an offence if:
75 Regulations may provide for matters relating to certificates and unique identifiers Annexure 1 The regulations may provide for matters in relation to certificates and unique identifiers. 76 Regulations may provide for matters relating to applications for certificates and unique identifiers (1) Without limiting section 75, the regulations may prescribe the following matters in relation to applications for certificates and unique identifiers: (a) the persons who may make applications; (b) approval of forms for the making of applications; (c) the manner of making applications; (d) information required to be included in applications; (e) documents that must accompany applications; (f) fees connected with applications; (g) withdrawal of applications. (2) The regulations may require information included in applications to be verified by statutory declaration. 77 Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers (1) Without limiting section 75, the regulations may make provision for and in relation to the following: (a) criteria that must be satisfied in order for the National Regulator to issue certificates or unique identifiers, or to vary or revoke certificates; (b) the time limits within which applications are to be determined; (c) the information to be included in certificates; (d) the person in whose name certificates are to be issued; (e) conditions to which certificates are subject; Annexure 1 (f) conditions that the National Regulator may impose upon certificates;