16 Principle of accountability for managing safety risks 29 17 Principle of integrated risk management 29 18 Principle of enforcement 30 19 Principle of transparency 30 20 Principle of participation, consultation and involvement of all affected persons 30 21 Principle of equity of use of Victorian waterways 30 Division 3—Other matters 31 22 Effect of objects and marine safety principles 31 32 32 23 The concept of ensuring safety 32 33 24 Duties of port management bodies to ensure safety of marine safety infrastructure operations 33 35 26 Safety duties in relation to design, manufacture and supply of vessels 35 27 Safety duties in relation to design, manufacture and supply of marine safety equipment 36 28 Duties of suppliers of marine safety infrastructure operations to port management bodies 38 29 Duties of pilotage service providers to owners of domestic commercial vessels 39 41 30 Duties of marine safety workers 41 43 31 Masters of recreational vessels or recreational hire and drive vessels must take reasonable care 43 32 Persons participating in the operation of a recreational vessel must take reasonable care 44 RECREATIONAL RECREATIONAL HIRE DRIVE AND
46 33 Passengers on board recreational vessels must take reasonable care 46 48 34 Single charge for multiple contraventions of certain duties 48 35 Civil liability not affected by Parts 2.2 to 2.6 48 50 50 36 Purposes of registration 50 37 Offence if recreational vessel not registered 50 38 Recreational vessel may be registered in one name only 51 39 Effecting registration, renewal or transfer 51 40 Safety Director may impose registration conditions 52 41 Prescribed conditions on registration 52 42 Register of registered recreational vessels 53 43 Safety Director may cancel or suspend registration of a recreational vessel 53 44 Cancellation of registration by 54 56 Division 1—Purposes 56 45 Purposes of licensing 56 Division 2—Offences for unlicensed master of certain classes of registered recreational vessels 56 46 Offence to be a master of registered recreational vessel without a marine licence or in breach of conditions of marine licence 56 47 Offence to be a master of prescribed type of registered recreational vessel without licence endorsement 57 48 Offence to be the master of a registered recreational vessel undertaking prescribed activity without licence endorsement 57 49 Offence to be the master of a regulated hire and drive vessel without a marine licence or in breach of conditions of marine licence 58 MASTERS VESSELS VESSELS VESSELS VESSELS PASSENGERS RECREATIONAL REGULATED HIRE DRIVE
s. 123 (1) If a master has been charged with 2 or more relevant offences, the Commissioner of Police may, before the charges are heard or determined, serve a notice on— master of the recreational vessel; and registered person of the recreational vessel in respect of which an order is to be sought, if he or she is not the person referred to in paragraph (a); and owner of the recreational vessel in respect of which an order is to be sought, if he or she is not the person referred to in paragraph (a) or (b); and person who the Chief Commissioner of Police is aware has an interest in the recreational vessel in respect of which an order is to be sought; and (e) the Safety Director. (2) A person who— notified under subsection (1)(a), (b) or (c); and not have an interest or the sole interest in the recreational vessel in relation to which the application in the notice is to be made— must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice on
matters, and any reasons set out in support of those matters, stated in the statement. (6) An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states— at the time of the offence, the person was not the master of the vessel, or had not at that time possession or control of the vessel; and in support of the matters raised under paragraph (a) that— s. 178 adequate and reasonable in the circumstances; and (ii) explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time the master of the vessel or at that time was last known to have had possession or control of the vessel. (7) An enforcement official to whom a known user statement or sold vessel statement (not containing all the information required by subsection (2)) or an illegal user statement or an unknown user statement is given under subsection (1) must, within the prescribed period, cause a notice to be served on the person who gave the statement stating whether or not the enforcement official has decided under subsection (4), (5) or (6) (as the
(1) A direction given by a harbour master under section 232 may be amended or revoked by any harbour master who has been engaged for the waters in respect of which the direction applies. (2) The Safety Director, by written notice, may direct a harbour master who has been engaged for the waters in respect of a direction given under section 232 applies to amend or revoke the direction if the Safety Director considers the direction to be unsafe or unreasonable. (3) A harbour master given a direction under subsection (2) must comply with the direction without delay. 236 Harbour master may carry out direction (1) If— is no person on board any vessel to whom a harbour master may give a direction under this Chapter and there are reasonable grounds for the harbour master to act urgently without giving a direction; or direction under this Chapter or under the regulations is not complied with— the harbour master may cause the vessel to be dealt with as required by the harbour master. (2) For the purposes of subsection (1), the harbour master (or a person authorised by the harbour master for the purposes of this section) may board a vessel and move, secure or otherwise operate the vessel.
(3) The direction must be given in writing and must specify by when the obstruction must be removed. (4) The person to whom the direction is given must comply with the direction within the time specified in the direction, unless the person has a reasonable excuse for not doing so. 60 penalty 268 Safety Director may remove obstructions to navigation s. 268 (1) The Safety Director may remove, or authorise the removal of, any obstruction to navigation. (2) The Safety Director may take action under this section regardless of— or not a direction for the removal of the obstruction has been given under section 267; or a direction has been made under section 267, whether or not the time specified in the direction for compliance with the direction has expired. (3) Action taken under this section may include the removal of the obstruction by its destruction if it is reasonable to do so in the circumstances. (4) The Safety Director may dispose of anything removed this section. (5) The Safety Director may recover any reasonable costs incurred in taking action under this section
299 Effect of compliance with regulations or approved codes of practice s. 299 If— regulations or an approved code of practice make provision for or with respect to a duty or obligation imposed by Chapter 2 or the regulations; and person complies with the regulations or the approved code of practice to the extent that it makes that provision— the person is, for the purposes of that Chapter and the regulations, to have complied with that Chapter or the regulations in relation to that duty or obligation. S. 300 repealed by No. 36/2013 s. 73. * * * * * 301 Forgery etc. of documents and identification marks (1) A person must not— or alter or use; or lend or allow to be used by another person—