(2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day. 3 Definitions (1) In this Act— S. 3(1) def. of accreditation inserted by No. 78/2011 s. 3(1)(a). accreditation means an accreditation granted under section 271F; approved code of practice means a code of practice approved under Part 8.2 and includes an approved code of practice revised in accordance with that Part; Australian Builders Plate Standard means the "National Standard for the Australian Builders Plate for Recreational Boats" adopted by the Australian Transport Council and notified in the ; S. 3(1) def. of Australian fishing vessel repealed by No. 36/2013 s. 24(1). * * * * *
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; licensed harbour master means a person who is the holder of a harbour master licence; licensed pilot means a pilot who is the holder of a pilot licence; knowledge certificate means a certificate issued under section 83; local port has the same meaning as in the Port Management Act 1995; local port manager means, in relation to a local port, the person or body appointed under section 44A of the Port Management Act 1995 as the port manager of that port; S. 3(1) def. of marine incident amended by No. 36/2013 s. 24(6). marine incident means— of, or injury to, a person onboard a vessel caused by the operation or navigation of a vessel; or loss or presumed loss of a vessel; or collision of vessels; or collision by a vessel with an object; or grounding, sinking, flooding or capsizing of a vessel; or
carry out, marine safety work including a person who is— (a) engaged by any other person to carry out marine safety work; trainee; volunteer; marine search and rescue vessel means a vessel prescribed as a marine search and rescue vessel; master, in relation to a vessel, means a person having command or charge of the vessel; S. 3(1) def. of member of the police force repealed by No. 37/2014 s. 10(Sch. item 107.1(b)). * * * * * S. 3(1) def. of National Standard for Commercial Vessels repealed by No. 36/2013 s. 24(1). * * * * * S. 3(1) def. of National Standard for the Adminis-tration of Marine Safety repealed by No. 36/2013 s. 24(1). * * * * *
navigation aid means a device used for navigation, and includes a beacon, buoy, marine mark, light house and light ship, but does not include a device on board a vessel; officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act; S. 3(1) def. of operate amended by No. 55/2017 s. 4(b). operate, except in section 87, means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) that is not— anchor; or fast to the or or owner, in relation to a vessel, includes a person having a beneficial interest in the vessel, a demise or sub-demise charterer of the vessel and any person having exclusive possession of the vessel; S. 3(1) def. of permission substituted by No. 78/2011 s. 3(2)(a), amended by No. 36/2013 s. 24(8). permission means any of the following—
that authorises the person to be the master of a registered recreational vessel of that (2) A person is not exempt or ceases to be exempt under subsection (1) in any of the following circumstances— the holder of the licence granted, or certificate or other authority issued, in another State or a Territory has resided in for a continuous period of more than 3 months; the holder of the licence granted or authority issued in another country has a permanent visa issued by the Commonwealth for more than 3 months; the person is disqualified from operating a recreational vessel in another State or a Territory or another country or has his or her licence suspended; in the reasonable opinion of the Safety Director, it may be dangerous for the person to operate a registered recreational vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things. (3) If the Safety Director an opinion on the matter set out in subsection (2)(d), the Safety Director must give the person notice in writing of the following—
S. 85(3)(e) amended by No. 78/2011 s. 20. cause a copy of the report to be served on the owner or master of the vessel (if their identity and whereabouts are known to the Safety Director) before an order for final detention is made; and (f) must cause a copy of an order for final detention to be served on the owner and master of the vessel (if their identity and whereabouts are known to the Safety Director). (4) If an order for the final detention of a vessel is made, the vessel must not be released until the Safety Director is satisfied that its further detention is no longer necessary, and orders its release. (5) The owner of a vessel must not cause or allow the vessel to be taken on a voyage if the owner knows that the vessel has been detained under this section and has not been duly released. 240 penalty units. (6) The master of a vessel must not take the vessel on a voyage if the master knows that the vessel has been detained under this section and has not been duly released. 240 penalty units.
prohibition direction means a direction to a person under section 155; public place includes, but is not limited to— public place within the meaning of public place in the Summary Offences Act 1966; waters; relevant court, in relation to an application made under Part 4.2, means— court with jurisdiction to hear and determine the relevant offence to which the application relates; an application is made after the sentencing of the master for a relevant offence, the Magistrates' Court; S. 103(1) def. of relevant offence substituted by No. 78/2011 s. 22. relevant offence offence against section 87(1); offence against section 58(1), 77A(1), 81(2) or 81(6) of the Wildlife Act 1975; offence against regulation 7(1), 7(3), 7(4), 7(5), 7(6), 7(7), 9(1), 9(2), 9(3), 9(4), 9(5) or 14(1) of the Wildlife (Marine Mammals) Regulations 2009;
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.
Sch. 1 heading preceding item 14 substituted by No. 36/2013 s. 77(e). SURVEY OF VESSELS Sch. 1 item 14 repealed by No. 36/2013 s. 77(f). * * * * * Sch. 1 item 15 amended by No. 36/2013 s. 77(g). 15. To survey and register all recreational vessels. 16. To cause vessels to be inspected to make sure that the vessels and their equipment comply with this Act and the regulations. 17. To cause unseaworthy vessels to be detained. Sch. 1 heading preceding item 18 repealed by No. 36/2013 s. 77(h). * * * * * Sch. 1 items 18, 19 repealed by No. 36/2013 s. 77(i).
6. The type of circumstances in respect of a master with a local knowledge certificate is not required to use the services of a pilot. PILOTS AND PILOT EXEMPT MASTERS 7. The examination of people as to their competency to act as pilots. 8. The examination of masters as to their competency to act as pilot to the vessels of which they are masters. 9. Fixing the age at which licensed pilots must retire from service. PILOTAGE SERVICE PROVIDERS 10. Safety standards that must be complied with by a pilotage service provider registered under Chapter 7. HARBOUR MASTERS 11. The qualifications and experience required on the part of licensed harbour masters and the examination of people as to their competency to be licensed harbour masters. Sch. 2 heading preceding item 12 repealed by No. 36/2013 s. 78(c). * * * * * Sch. 2 items 12–15 repealed by No. 36/2013 s. 78(d). * * * * *