Part 7.2—Pilots 228 Division 1—General requirement to use pilots 228 248 Offence not to use a pilot 228 249 Offence to act as a pilot without a pilot licence or pilot exemption 228 Division 2—Declaration of pilot required waters 229 250 Declaration 229 Division 3—Pilot licences 229 251 Application for pilot licence 229 252 Grant of pilot licence 230 252A Imposition of conditions relating to pilot competencies and medical fitness 230 Division 4—Pilot exemptions 230 253 Application for pilot exemption 230 254 Grant of pilot exemption 231 255 Effect of pilot exemption 232 256 Renewal of pilot exemption 232 Part 7.3—Miscellaneous matters 233 257 Liability of pilots and pilotage service providers 233 Chapter 8—General 234 Part 8.1—Administration of Act 234 Division 1—The Safety Director 234 258 Functions of the Safety Director 234 259 Powers of the Safety Director 236 260 Exemptions 236 261 Provision or maintenance of navigation aids by Safety Director 237 262 Safety Director may cause vessel to be boarded, moved, secured or operated in certain cases 238 263 Recovery of 238 264 Inquiries into marine safety matters 238 265 Extension of suspension pending inquiry 240 266 Accountability for damage 240 267 to remove obstructions in navigable waters 240 268 Safety Director may remove obstructions to navigation 241 269 Power to prohibit operation of particular vessel 242
fairway means that part of an area of navigable waters that is usually used by vessels for navigation through the area; S. 3(1) def. of fishing vessel repealed by No. 36/2013 s. 24(1). * * * * * general marine licence means a licence granted under section 53; S. 3(1) def. of government vessel repealed by No. 36/2013 s. 24(1). * * * * * harbour master means— licensed harbour master; or person authorised under section 229 to exercise any of the functions of the harbour master, if the person so authorised is acting in accordance with the authorisation; harbour master licence means a licence granted under section 224; S. 3(1) def. of hire and drive vessel substituted by No. 36/2013 s. 24(5).
(f) a fire onboard a vessel; or loss of stability of a vessel that affects the safety of the vessel; or structural failure of a vessel; or close quarters situation; or event that results in— (i) the death of, or injury to, a person onboard a vessel; or (ii) the loss of a person from a vessel; or (iii) a vessel becoming disabled and requiring assistance; or * * * * * fouling or damaging by a vessel of— (i) any pipeline or submarine cable; or (ii) any aid to navigation within the meaning of the Commonwealth Navigation Act; S. 3(1) def. of marine infringement repealed by No. 78/2011 s. 3(1)(c). * * * * * marine licence means— general marine licence; or
pilot means a person who does not belong to, but has the conduct of, a vessel; exemption means an exemption granted under section 254; pilot exempt master means a master of a vessel who is the holder of a pilot exemption; pilot licence means a licence granted under section 252; pilot required waters means those parts of State waters to which a declaration under section 250 applies; pilotage services means— service of providing a pilot to navigate a vessel within, or into or out of, port waters; or service of providing transport and transfer of a pilot to and from a vessel for which services under paragraph (a) are required; or of the services referred to in paragraphs (a) and (b); pilotage services provider means a person registered under section 241 to provide pilotage services; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 107.1(a)). police officer has the same meaning as in the Victoria Police Act 2013;
* * * * * S. 3(1) def. of port of Melbourne operator inserted by No. 10/2016 s. 158(a). port of Melbourne operator has the same meaning as in the Port Management Act 1995; port of waters has the same meaning as in the Port Management Act 1995; port waters has the same meaning as in the Port Management Act 1995; S. 3(1) def. of recreational hire and drive vessel inserted by No. 36/2013 s. 24(4). recreational hire and drive vessel has the meaning given by section 4A; S. 3(1) def. of recreational vessel substituted by No. 36/2013 s. 24(9). recreational vessel has the meaning given by section 4B; S. 3(1) def. of registered person amended by No. 36/2013 s. 24(10). registered person, in relation to—
offence without the recording of a conviction; designated costs means the cost of impounding or immobilising a recreational vessel under Part 4.2 including, where relevant, the cost of— the recreational vessel to a holding yard or place where the recreational vessel is to be immobilised; and the recreational vessel at the holding yard or place where the recreational vessel is immobilised; and the recreational vessel from the holding yard or from immobilisation— and includes any additional costs incurred if the recreational vessel is impounded or immobilised for longer than the designated period or the period specified under an impoundment or immobilisation order; designated period, in relation to a recreational vessel, means the period of 48 hours beginning with the seizure or surrender of the recreational vessel under section 106 or 107, but if the period expires outside of normal business hours, the period extends to 9.00 a.m. on the next business day, being a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;
(2) If the Chief Commissioner of Police gives a direction under section 124(1) in respect of a recreational vessel, the Safety Director must send to the registered person a notice advising that no transfer of registration will occur in relation to that recreational vessel until the Chief Commissioner gives notification under section 124(3). 126 Cessation of direction under this Act does not affect any suspension The cessation of a direction not to transfer the registration of, or register, a recreational vessel this Part does not affect the suspension of that registration under this Act or any other Act or law. 127 Hearing of application (1) The relevant court hearing an application for an impoundment or immobilisation order or a forfeiture order— allow any person served with a notice under section 121(1) or 123(1) to be heard at the hearing of the application and to show cause why an impoundment or immobilisation order or a forfeiture order should not be made; and allow any other person to be heard if the court is satisfied that an impoundment or immobilisation order or a forfeiture order may substantially affect that person's interests.
sending it by post addressed to the person at the or last known place of residence or business of that person; or the person has given to the Safety Director as his or her address an address that is not his or her place of residence or business, by sending it addressed to the person at that address. Division 1—Part does not affect penalties 153 Part does not affect penalties The issue of an embargo notice under this Part arising out of the commission of a relevant offence is in addition to, and does not limit or otherwise affect, any penalty that may be imposed on the person for the relevant offence other than under this Part. Division 2—Embargo notices and prohibition directions 154 Power to issue embargo notices S. 154(1) amended by No. 37/2014 s. 10(Sch. item 107.8). (1) If a police officer or a transport safety officer believes on reasonable grounds that a recreational vessel is being or has been used in the commission
Example An inspection of a document under subsection (2) may be an inspection of a licence, certificate of competency, certificate of survey, certificate of safe operation or a log book. S. 162B(3) amended by No. 37/2014 s. 10(Sch. item 107.8). (3) The police officer— do a thing mentioned in subsection (2) at a reasonable time; S. 162B(3)(b) amended by No. 37/2014 s. 10(Sch. item 107.8). do a thing mentioned in subsection (2) with the assistance of another police officer or a transport safety officer. S. 162C inserted by No. 66/2012 s. 26. 162C Police may direct someone to provide certain information concerning owner or master of a vessel S. 162C(1) amended by No. 37/2014 s. 10(Sch. item 107.9(a)). (1) A police officer may direct a person whom the police officer believes on reasonable grounds has information concerning the identity or location of the owner or master of a vessel to provide all the information the person has regarding the identity or location of the owner or master of the vessel. (2) A person must not refuse or fail to comply with a direction under subsection (1). Penalty: 5 penalty units.
the person has contravened or failed to comply as specified in subsection (1) on previous occasions; other matter the Safety Director thinks is relevant. (3) The Safety Director may take disciplinary action against a person in respect of whom a order has been made if— order requires the person to pay a sum of money by way of a fine, penalty, costs or restitution; and S. 165(3)(b) amended by Nos 78/2011 s. 24(2), 55/2017 s. 33. order was made in respect of an offence arising out of the use of a vessel in Victoria, including a transport safety infringement within the meaning of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; and Safety Director has been notified by a person authorised by law to issue or to execute a warrant for the enforcement of the court order, that the order is wholly or partially unsatisfied.
disqualification from applying for a permission of a particular kind); and the person holds more than one kind of permission—states the specific permission or permissions to which the proposed action relates; and the grounds for the proposed action; and the person to make a written submission within a stated period as to why the proposed action should not be taken. (2) For the purposes of subsection (1)(d), the period stated in the disciplinary notice must be— an immediate suspension notice is also served under section 168, a period of at least 14 days after the day on which the disciplinary notice is served on the person; any other case, a period of at least 28 days after the day on which the disciplinary notice is served on the person. (3) In deciding whether to take disciplinary action, the Safety Director must consider any response given to the Safety Director in accordance with subsection (1)(d). (4) If the Safety Director is satisfied that grounds for taking disciplinary action against a person who
nominated in a known user statement or a sold vessel statement as being the responsible person in relation to a vessel to the effect— nominated in a known user statement, that the person had not had possession or control of the vessel before the offence, as stated in the known user statement, and the person was not the master of the vessel at the time of the offence; and nominated in a sold vessel statement, that the vessel had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vessel statement; owner, in relation to a vessel, includes a registered person; responsible person, in relation to a vessel, means each of the following— owner of the vessel; person nominated in an effective user statement or an effective sold vessel statement; sold vessel statement, in relation to an offence involving a vessel, means a statement in writing made by a person— the effect that—
of the applicant's qualifications, competencies, medical fitness and experience to enable the applicant to be a licensed pilot; and (ii) the prescribed fee (if any). (3) The Safety Director— require an applicant to provide further information or material in respect of the application; and require that the information or material be verified; and require of the identity of the person making the application. 252 Grant of pilot licence (1) On receiving an application under section 251(1), the Safety Director may grant a pilot licence to the applicant if the Safety Director is satisfied that the applicant— S. 252(1)(a) amended by No. 55/2017 s. 25(1). the appropriate qualifications, competencies, medical fitness and experience to hold a pilot licence; and the requirements determined by the Safety Director. S. 252(2) amended by No. 55/2017 s. 25(2). (2) A pilot licence granted under subsection (1) may be granted subject to conditions imposed by the Safety Director. S. 252(2A) inserted by No. 55/2017 s. 25(3).
show why their permission or exemption should not be suspended or cancelled. S. 264(5) amended by No. 67/2014 s. 147(Sch. 2 item 25). (5) In conducting an inquiry the Safety Director has the powers conferred by sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, on a board appointed by the Governor in Council. 265 Extension of suspension pending inquiry (1) VCAT may extend the period of a suspension imposed— the Safety Director under section 264(3); or VCAT under this section. (2) VCAT may only extend the period of a suspension— the application of the Safety Director; and it is satisfied that there is reasonable cause to do so. (3) In extending a period of suspension, VCAT must specify the period for which the extension applies.
(2) An application for the transfer of the registration of a Marine Act vessel under Part 2 of the Marine Act in respect of which the Director has not made a decision before the commencement day is, on and after that day, taken to be an application for the transfer of the registration of a vessel under Part 3.1. 323 Suspensions of registration of vessels (1) A suspension of the registration of a Marine Act vessel under section 11 of the Marine Act that is in effect immediately before the commencement day is, on that day, taken to be a suspension under Part 4.6. (2) On the day after the day that suspension ends, the registration of a Marine Act vessel to which it relates is taken to be a registration of a vessel granted under Part 3.1. 324 Processes for suspensions of registrations of vessels (1) This section applies if— Director has, before the commencement day, commenced a process to suspend the registration of a Marine Act vessel under section 11 of the Marine Act and the Marine Regulations; and registration has not been suspended in accordance with that process before that day. (2) On and the commencement day, the Safety Director must complete the process for the suspension of the registration in accordance with
licence endorsement is, on the day that determination takes effect, taken to be varied to include the condition imposed. Note See also section 327. (6) If the effect of the determination of the Magistrates' is that a condition on the personal watercraft endorsement be varied— determination of the court is taken to be a determination to vary the condition of the licence endorsement on the marine licence to which section 328 applies; and condition of the licence endorsement is, on the day that determination effect, taken to be varied in accordance with that determination. Note See also section 327. (7) If the effect of the determination of the Magistrates' Court is that an operator licence be varied— determination of the court is taken to be a determination to vary the marine licence to which section 327 applies; and marine licence is, on the day that determination takes effect, taken to be varied in accordance with that determination. 371 Appeals against disqualifications by order of a court
Sch. 2 heading preceding item 75 amended by No. 36/2013 s. 78(w). LICENSING OF MASTERS OF RECREATIONAL AND REGULATED HIRE AND DRIVE VESSELS 75. The classes and types of recreational vessels for licensing purposes. 76. The duration a marine licence remains in effect after it has been granted. 77. The taking of photographs or making of digitised images for inclusion in marine licence documents. 78. The issue of duplicate marine licence documents. 79. The exemption of persons or classes of persons from the requirement to obtain a marine licence. 80. Tests and training of masters of recreational vessels. 81. Approving tests or courses or conducting tests or courses for the purposes of marine licences or licence endorsements on marine licences for the purposes of granting or renewing a marine licence or granting the licence endorsement. Sch. 2 item 81A inserted by No. 78/2011 s. 42(8). 81A. Requirements to be met by applicants for a marine licence or endorsement. 82. The information the Safety Director may require an applicant for a marine licence or an endorsement on a marine licence or the holder of a marine licence (including an endorsed marine licence) to give to the Safety Director.
s. 374C(2) provided that s. 374C expired on 1.1.14; s. 315(4) repealed s. 315 on 1.7.17 Current State: This information relates only to the provision/s amending the Marine Safety Act 2010 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 57) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Marine Safety Act 2010 Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011 Assent Date: 23.8.11 Commencement Date: Ss 39–41 on 1.1.12: s. 2(2) Current State: This information relates only to the provision/s amending the Marine Safety Act 2010 Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011 Assent Date: 13.12.11 Commencement Date: Ss 3–43 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4 Current State: This information relates only to the provision/s amending the Marine Safety Act 2010 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 29) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Marine Safety Act 2010 Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012 Assent Date: 7.11.12 Commencement Date: Ss 26, 27 on 8.11.12; s. 25 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1