Version No. 014 Marine Safety Act 2010 No. 65 of 2010 Version incorporating amendments as at 15 October 2014 table of provisions Section Page 1 1 1 Purpose 1 2 Commencement 2 3 3 Definitions 3 4 Meaning of close quarters situation 21 4A Meaning of recreational hire and drive vessel 21 4B Meaning of recreational vessel 21 5 Meaning of unsafe vessel 22 6 Declaration of waterway managers 23 7 Declaration of vessels 23 25 9 Application of Act 25 10 Act does not apply to defence force vessels 26 11 Interaction with the Occupational Health and Safety Act 2004 26 12 Transport Integration Act 2010 27 13 Crown to be bound 27 28 Division 1—Objects 28 14 Objects 28 Division 2—Principles of marine safety 28 15 Principle of shared responsibility 28 AND AND
volunteer a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses); waterway manager means a person or body that has been declared under section 6 to be a waterway manager; waterway rules means rules made under Part 5.1. (2) A reference to an engine in this Act or the regulations does not include a reference to a sail, paddle, oar, pedal or any other means of propelling a vessel that relies solely on the wind or physical human activity as a power source. (3) Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act. 4 Meaning of close quarters situation s. 4 For the purposes of this Act, a quarters situation is a situation where— least 2 vessels pass within proximity of each other such that a reasonable person would in all the circumstances conclude there was a risk of collision by those vessels; vessel passes within proximity of an object such that a reasonable person would in all the circumstances conclude there was a risk of collision by that vessel with that object.
(3) A passenger on board a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the vessel at risk. 60 penalty units. S. 33(4) amended by No. 36/2013 s. 39(2). (4) For the purposes of subsection (1)(a), in determining whether a passenger on board a recreational vessel failed to take reasonable care, regard must be had to what the passenger knew about the relevant circumstances. S. 33(5) amended by No. 36/2013 s. 39(2). (5) A passenger on board a recreational vessel is not guilty of an offence against subsection (1)(b)— the master of the vessel did not warn the passenger that a failure to comply with a direction result in the passenger being charged with an offence against that subsection; or s. 33 the passenger has a reasonable excuse for not complying with a direction of the master. __________________ s. 34 34 Single charge for multiple contraventions of certain duties
he or she considers it unsafe, unreasonable or unnecessary to do so, cause his or her vessel to proceed with all practicable speed to the assistance of that other person. 60 penalty units. S. 91(2) amended by No. 36/2013 s. 57. (2) If a master of a recreational vessel contravenes subsection (1) an investigation may be conducted into the conduct of the master and his or her marine licence may be cancelled or suspended and, for this purpose, the provisions of Part 4.5 with respect to investigations into accidents apply, with any necessary modifications, to investigations under this subsection. s. 91 92 Offence to fail to comply with direction of Safety Director regarding removal of vessel A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person by the Safety Director under item 24 of Schedule 1. 120 penalty units.
103 Definitions s. 103 (1) In this Chapter— appeal period, in relation to a conviction or an impoundment or immobilisation or a forfeiture order, means the period ending— the period provided for the lodging of an appeal against the conviction or order has ended without such an appeal having been lodged, at the end of that period; or an appeal against the conviction or order has been lodged, when the appeal is abandoned or finally determined; S. 103(1) def. of authorised person amended by No. 37/2014 s. 10(Sch. item 107.3(a)). authorised person means a person authorised by a police officer under section 109; conviction, in relation to a relevant offence, includes a finding of guilt of the relevant 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—
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 (Compliance and Miscellaneous) Act 1983; 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. 166 Disciplinary actions that may be taken by Safety Director against a person holding a permission s. 166 (1) The Safety Director may take one or more of the following disciplinary actions against a person who holds a permission— the permission and disqualify the person from applying for a permission of that kind— a period not exceeding 5 or (ii) until a condition imposed by the Safety Director is met; the permission— any period; or (ii) a condition imposed by the Safety Director is met;
day on which the statement was given to the enforcement official; or the statement again becomes an effective statement because of the cancellation under section 179(1) of the acceptance of a subsequent statement, the day on which the subsequent statement is cancelled. (2) In a proceeding referred to in subsection (1) the user statement or sold vessel statement is evidence and, in the absence of evidence to the contrary, proof of the matters stated in it. (3) A proceeding against a person (other than a person nominated in an effective known user statement or sold vessel statement) who, by force of section 179(2), becomes again the responsible person in relation to the vessel at the time of the offence to which this Part applies may be commenced not later than 12 months after the day on which that person again became the responsible person. 181 Defences to owner onus offences s. 181 In a proceeding for an onus offence it is a defence to the charge for the accused to prove any of the following— the accused had made an illegal user statement, a known user statement, a sold vessel statement or unknown user statement within the prescribed period and that the statement is, or ought to have been accepted
(3) The Safety Director, port management body, port manager or waterway manager must, as soon as possible after giving an oral direction, make a written copy of the direction and keep a copy of that direction for a period of 6 years after the date of the direction. (4) A direction under subsection (2) must specify the waters to which the direction applies. (5) A person given a direction under subsection (2) must comply with the direction unless the person has a reasonable excuse. s. 215 60 penalty __________________ 216 Functions and powers of waterway managers s. 216 (1) A waterway manager has the following functions— management of vessel activities on the waters under the control of the waterway manager; management and allocation of moorings and berths in the waters under the control of the waterway manager; provision and maintenance, in accordance with standards developed by the Safety
Director has, before the commencement day, commenced a process to cancel an operator licence under section 119 of the Marine Act and the Marine Regulations; and licence has not been cancelled in accordance with that process before that day. (2) On and after the commencement day, the Safety Director must complete the process for the cancellation of that licence in accordance with that Act and those regulations as if they were in force. (3) In subsection (2), complete the process includes any internal review under regulation 738 of the Marine Regulations if applied for. (4) If the Safety Director decides, or confirms his or her decision following internal review, to cancel the operator licence— decision is taken to be a decision to cancel the marine licence to which section 327 applies; and marine licence is, on the day that decision takes effect, cancelled; and cancellation is taken to be a cancellation under Part 4.6. 339 Processes for revocation of personal watercraft endorsements (1) This section applies if— Director has, before the commencement day, commenced a process to revoke a
S. 342 amended by No. 78/2011 s. 33. 342 Waterway rules A notice made under section 15(1) or (2) of the Marine Act that is in effect immediately before the commencement day is, on that day, taken to be waterway rules. 343 Boating activities A notice made section 16 of the Marine Act that is in effect immediately before the commencement day is, on that day, taken to be a declaration under section 203. 344 Harbour master identity cards An identity card issued to a harbour master under section 26HC of the Marine Act before the commencement day is on that day taken to be an identity card issued under section 221. 345 Harbour master licences s. 345 (1) A harbour master licence (within the meaning of the Marine Act) that is in effect immediately before the commencement day is, on that day, taken to be a harbour master licence under this Act. (2) To doubt, a harbour master licence to which subsection (1) applies remains in effect unless suspended or cancelled under this Act. 346 Applications for harbour master licences
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 421 on 1.7.13: s. 421 : 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 : This information relates only to the provision/s amending the Marine Safety Act 2010