S. 3(1) def. of certificate of competency inserted by No. 9/2004 s. 3(1)(a). certificate of competency means a certificate issued by the Director under section 99C; S. 3(1) def. of certificate of survey inserted by No. 9/2004 s. 3(1)(a). s. 3 certificate of survey means a certificate issued by the Director under section 99E; S. 3(1) def. of channel operator inserted by No. 82/1995 s. 153(1), amended by No. 45/2010 s. 44(a). channel operator has the same meaning as in the Port Management Act 1995; S. 3(1) def. of coastal waters repealed by No. 77/2001 s. 22(a). * * * * * S. 3(1) def. of commercial marine operations inserted by No. 17/2009 s. 5. commercial marine operations means any activity in connection with the operation of a fishing vessel, government vessel or trading vessel; corresponding law means a law that is declared under subsection (3)(a) to be a corresponding law; S. 3(1) def. of Department inserted by No. 78/2011 s. 44(a). Department means the Department of Transport;
S. 3(1) def. of port of Melbourne inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(i). has the same meaning as in the Port Management Act 1995; s. 3 S. 3(1) def. of Port of Melbourne Corporation inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(j). Port of Melbourne Corporation has the same meaning as in the Transport Integration Act 2010; S. 3(1) def. of port of Melbourne waters inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(k). port of waters has the same meaning as in the Port Management Act 1995; S. 3(1) def. of port waters inserted by No. 82/1995 s. 153(1), amended by No. 45/2010 s. 44(l). port waters has the same meaning as in the Port Management Act 1995;
the accident comply with subsection (1) as far as circumstances permit. (2) A person who contravenes subsection (1) is guilty of an offence and is liable— (a) if as a result of the accident a person is injured or dies— (i) to a penalty of not more than 3 penalty units for a first offence; and (ii) to a penalty of not more than 5 penalty units for a subsequent offence; and (b) if no person is injured or dies as a result of the accident— (i) to a penalty of not more than 2 penalty units for a first offence; and s. 20 (ii) to a penalty of not more than 4 penalty units for a subsequent offence. S. 20(3) amended by No. 77/2001 ss 23(2), 31(1)(b). (3) The owner or master of a trading vessel, fishing vessel or hire and drive vessel which is involved in an accident must report, in writing and without delay, to the Director full particulars of the accident. 3 penalty units. S. 20(4) inserted by No. 20/1993 s. 18, amended by No. 77/2001 ss 23(2), 31(1)(b). (4) The owner or master of a trading vessel, fishing vessel or hire and drive vessel which is involved in an incident in which any vessel or person is placed at risk of damage or injury must report, in writing and without delay, to the Director full particulars of the incident. 3 penalty units. S. 20(5) inserted by No. 77/2001 s. 23(3). (5) The Chief Commissioner of Police may disclose to the Director any information in the possession of the Chief Commissioner concerning any
S. 25(2) substituted by No. 20/1993 s. 20. (2) A person on board a vessel who knowingly uses or displays or knowingly causes or permits any person under his or her authority to use or display any recognised distress signal except in the case of a vessel being in distress is guilty of an indictable offence and liable to imprisonment for a term of not more than 3 months or a fine of not more than 20 penalty units or both. S. 25(3) substituted by No. 20/1993 s. 20. (3) For the purposes of section 86 of the Sentencing Act 1991, compensation for loss or destruction of, or damage to, property as a result of the offence shall include compensation for— (a) any work undertaken; or (b) any risk incurred; or (c) any loss sustained— in consequence of the signal having been taken to be a distress signal. 26 Assistance to people in distress S. 26(1) amended by No. 77/2001 s. 24(a)(b). (1) If the person in charge of a vessel believes that any other person in the vicinity of the vessel is in distress, the person in charge must, unless he or she is unable to do so or in the circumstances of the case 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. (2) If the person in charge of a vessel contravenes subsection (1)— s. 26
Division 2—Safety standards for provision of pilotage services S. 26S inserted by No. 28/1999 s. 5. 26S Compliance with safety standards (1) The safety standards for pilotage services providers are set out in Schedule 6. S. 26S(2) amended by No. 77/2001 s. 31(1)(b). (2) The Director, on the application of a person registered or seeking to be registered as a pilotage services provider, may approve appropriate alternative safety standards for the provider if the Director decides that— (a) the alternative safety standards substantially comply with the corresponding standards in Schedule 6; or (b) the alternative safety standards adequately achieve the purpose of the corresponding standards in Schedule 6; or (c) compliance with the safety standards in Schedule 6 would, in particular circumstances, be impracticable, unnecessary or inappropriate. s. 26S (3) Alternative safety standards may— (a) modify the application to a pilotage services provider of the standards in Schedule 6; or (b) exempt a provider from any one or more of the standards in Schedule 6; or (c) specify a standard in substitution for a standard in Schedule 6. S. 26S(4) amended by No. 77/2001 s. 31(1)(b)(g). (4) If the Director approves alternative safety standards, the Director may limit the port waters within which the pilotage services provider to whom the standards apply may operate.
(5) It is a defence to a charge under subsection (1)(f) for the person charged to prove that the result of the analysis was not a correct result. S. 28(5A) inserted by No. 20/1993 s. 5(2), amended by No. 68/2009 s. 97(Sch. item 84.2). (5A) In any proceedings for an offence under paragraph (e) or (f) of subsection (1) evidence as to the effect of the consumption of alcohol on the accused is admissible for the purpose of rebutting the presumption created by section 27(1A) but is otherwise inadmissible. (6) Nothing in this section applies to a master unless the master, at the time when he or she was in charge of the vessel, actually had charge of the vessel. (7) If a vessel is under a pilot, the pilot (and not the master) is in charge of the vessel for the purposes of this section. S. 28(8) inserted by No. 93/2000 s. 8. (8) On convicting a person, or finding a person guilty, of an offence under subsection (1) the court must cause to be entered in the records of the court— S. 28(8)(a) amended by No. 94/2003 s. 34(6). (a) in the case of an offence under subsection (1)(b), the level of concentration of alcohol found to be present in that person's blood or breath; and (b) in the case of an offence under subsection (1)(e), the level of concentration of alcohol found to be recorded or shown by the breath analysing instrument; and (c) in the case of an offence under subsection (1)(f), the level of concentration of alcohol found to be present in the sample of blood. S. 28A inserted by No. 93/2000 s. 9 (as amended by No. 23/2001 s. 24). 28A Provisions about cancellation and disqualification s. 28A
accused to surrender the licence document immediately to the person who gave the notice. (2) For the purposes of this section a person is charged with an offence when a copy of the information that is signed by the member of the police force is given to the person. (3) Immediately on the giving of a notice under subsection (1), the operator licence of the accused is suspended until the charge has been determined by a court. S. 28C(4) amended by No. 77/2001 s. 31(1)(b). (4) A person who gives a notice under subsection (1) must cause a copy of that notice to be sent immediately to the Director. (5) A person who, without just cause or excuse, refuses or fails to surrender a document as required by a notice under subsection (1) is guilty of an offence and liable to a penalty of not more than 5 penalty units. (6) The accused has the burden of proving just cause or excuse. S. 28D inserted by No. 93/2000 s. 9 (as amended by No. 23/2001 s. 24). s. 28D 28D Appeal to court against suspension of operator licence (1) A person to whom a notice is given under section 28C(1) may appeal against that notice to the Magistrates' Court. (2) A person who appeals under subsection (1) must give 14 days' written notice of the appeal (including particulars of any alleged exceptional circumstances) to the Chief Commissioner of Police and a registrar of the Magistrates' Court. (3) In determining the appeal the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court.
S. 31(12) amended by No. 17/1994 s. 17(9). (12) Nothing in subsection (10) relieves a person from any penalty under section 28(1)(d) for refusing to furnish a sample of breath. S. 31(12A) inserted by No. 17/1994 s. 17(10). (12A) Evidence derived from a sample of breath furnished in accordance with a requirement made under this section is not rendered inadmissible by a failure to comply with a request under subsection (10) if reasonable efforts were made to comply with the request. S. 31(12B) inserted by No. 17/1994 s. 17(10), amended by No. 94/2003 ss 34(11), 35(6). (12B) If the question whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a person is relevant on a hearing for an offence against section 28(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document— (a) purporting to be a print-out produced by that instrument in respect of that sample; and S. 31(12B)(b) amended by No. 100/1995 s. 33(3). (b) purporting to be signed by the person who operated the instrument— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. S. 31(12C) inserted by No. 100/1995 s. 33(4). s. 31 (12C) A document referred to in subsection (12B) does not cease to be admissible in evidence or, in the absence of evidence to the contrary, to be proof of the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine Act 1988 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of
prescribed concentration of alcohol was exceeded; or s. 31A (c) a member of the police force or a member of an ambulance service has notified the doctor first responsible for the examination or treatment of the person, in writing, that the person was an occupant of and was not in charge of any vessel involved in the accident; or S. 31A(3)(d) amended by No. 7/1995 s. 4(3). (d) a member of the police force or a doctor has notified the doctor first responsible for the examination or treatment of the person, in writing, that a sample of the person's blood was taken by a doctor before the person entered or was brought to the place for examination or treatment. S. 31A(4) amended by No. 7/1995 s. 4(4). (4) A person to whom subsection (2) applies and who is unconscious or otherwise unable to communicate must be taken to allow the taking of a sample of his or her blood by a doctor at a place which he or she enters or to which he or she is brought for examination or treatment. (5) If a sample of a person's blood is taken in accordance with this section, evidence of the taking of it, the analysis of it or the results of the analysis must not be used in evidence in any legal proceedings except for the purposes of section 32. (6) A person must not hinder or obstruct a doctor attempting to take a sample of the blood of any other person in accordance with this section. 12 penalty units. (7) No action lies against a doctor in respect of anything properly and necessarily done by the doctor in the course of taking any sample of blood which the doctor believes on reasonable grounds
(b) that— (i) there is a reasonable possibility that the blood referred to in a certificate given by an analyst under subsection (4) was not that of the accused; or S. 32(8)(b)(ii) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(6). s. 32 (ii) there is a reasonable possibility that the blood referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that the blood alcohol concentration found on analysis was higher than it would have been had the blood not been contaminated in that way; or S. 32(8)(b)(iii) substituted by No. 7/1995 s. 4(5). (iii) there is a reasonable possibility that the sample was not taken in accordance with the Code of Practice for Taking Blood Samples from Road Accident Victims; or (iv) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. S. 32(8A) inserted by No. 17/1994 s. 18(3). (8A) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken, to attend the court on the hearing of an application for leave under subsection (7). S. 32(9) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(7)(a)(b). (9) If a registered medical practitioner or an approved health professional is requested to make an examination or to collect a sample of blood for the purposes of this section and if the person to be examined or from whom a sample of blood is to be collected has expressed consent to that
public statutory body and any appropriate authority may exercise those powers either within or outside the land or waters under its control. (3) Any appropriate authority or public statutory body may recover all costs and expenses incurred by it in or in connection with any exercise of the powers conferred by subsection (1)— S. 38(3)(a) amended by No. 78/2011 s. 45(1)(a). (a) if the discharge occurs or is likely to occur from any place on land, from the occupier of that place; or S. 38(3)(b) amended by No. 78/2011 s. 45(1)(a). (b) if the discharge occurs or is likely to occur from any vessel, from the owner of that vessel; or s. 38 S. 38(3)(c) amended by No. 78/2011 s. 45(1). (c) if the discharge occurs or is likely to occur from any apparatus, from the person in charge of the apparatus. S. 38(4) amended by Nos 77/2001 s. 31(1)(b), 78/2011 s. 45(2). (4) The Minister may reimburse a public statutory body for the costs and expenses incurred by it in or in connection with any exercise of the powers conferred by subsection (1) if the Minister is satisfied that the action taken by the public statutory body was reasonable or if the action was taken with the approval of, or at the request of, the Minister. (5) If the Minister reimburses a public statutory body under subsection (4), the Minister may recover the costs and expenses in accordance with subsection (3) as if those costs and expenses had been incurred by the Minister in or in connection with an exercise of the powers conferred by subsection (1). (6) Costs and expenses recoverable under this section may be recovered in the course of criminal
(c) an inland waterways vessel within the meaning of section 6 of that Act; or (d) a pleasure craft within the meaning of section 6 of that Act; or (e) an off-shore industry vessel within the meaning of section 8 of that Act— (i) in respect of which there is not in force a declaration under section 8A(5) of that Act; and (ii) that is proceeding on a voyage other than an overseas voyage or an voyage. (3) Where a provision of the Safety Convention applies only in relation to a particular class of vessel or in relation to vessels engaged on a particular class of voyage, any regulation under subsection (2) that gives effect to that provision may be applied to ships, vessels or craft of any other class mentioned in that subsection or to such ships, vessels or craft engaged in any other class of voyage other than an overseas voyage or, except in the case of an Australian fishing vessel, an inter-State voyage. s. 59 __________________ s. 60 60 Marine infringements S. 60(1) amended by Nos 82/1995 s. 156(3), 77/2001 s. 31(1)(e), 32/2006 s. 69(1). (1) A member of the police force or a person who is authorised by the Director, or a person who is authorised by the Minister, for the purposes of this section who has reasonable cause to believe that a person has committed a marine infringement of a kind that is prescribed for the purposes of this Part may serve on that person a marine infringement notice.
with the regulations to the Magistrates' Court to have the time for objecting to the notice extended. (2) The court must not grant an extension of time unless it is satisfied that the person was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued. (3) If the court grants an extension of time, and if a notice of objection is given, in accordance with section 61A(4) or with any order made by the court, before the expiry of the extended time, the giving of the notice has the effect that— (a) the conviction is set aside; and S. 61B(3)(ab) inserted by No. 93/2000 s. 12(1). (ab) any cancellation, disqualification or suspension that resulted from the conviction is set aside; and S. 61B(3)(ac) inserted by No. 93/2000 s. 12(1). (ac) anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, that resulted from the conviction must be taken not to constitute that offence; and S. 61B(3)(b) amended by No. 32/2006 s. 71(3)(a)(b). (b) any of the procedures set out in the Infringements Act 2006 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act ceases to have effect; and (c) the infringement notice is cancelled; and S. 61B(3)(d) amended by No. 68/2009 s. 97(Sch. item 84.6). (d) the person may only be proceeded against by filing a charge-sheet charging the alleged offence.
(iii) if relevant, the contact details of the person who can release an immobilised recreational vessel; and (iv) that satisfactory evidence of the entitlement of a person seeking to have the recreational vessel released may be required before the recreational vessel will be released; and s. 62J (h) that if a charge-sheet is filed containing a charge for a relevant offence and the operator has committed one or more previous relevant offences since the commencement of section 5 of the Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, the Chief Commissioner of Police may, under section 62S, apply to the relevant court for an impoundment or immobilisation order under section 62Q or a forfeiture order under section 62R; and (i) if applicable, that a trailer, motor vehicle or other thing has been impounded or immobilised under section 62G for the purposes of impounding or immobilising the recreational vessel; and (j) any other prescribed particulars. S. 62K inserted by No. 93/2009 s. 5. 62K Review by a senior police officer s. 62K (1) A member of the police force who impounds or immobilises a recreational vessel under section 62G, or who authorises another person to do so, must, as soon as is practicable and in any event within 48 hours after the recreational vessel is impounded or immobilised, notify a senior police officer of the grounds on which he or she relied in forming the belief that the recreational
S. 66B(3) amended by No. 77/2001 s. 31(1)(b)(2) (e)(ii). (3) The Director may recover from the person on whom a notice has been served under paragraph 18D of Schedule 4 any costs incurred by the Director under section 66C(2)(c) as a civil debt in any court of competent jurisdiction. S. 66C (Heading) inserted by No. 77/2001 s. 31(2)(f). S. 66C inserted by No. 82/1995 s. 165. s. 66C 66C Protection of Director from liability S. 66C(1) amended by No. 77/2001 s. 31(2)(g). (1) The Director is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function under or in connection with section 65(jb) or 66B(2); or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with section 65(jb) or 66B(2). S. 66C(2) amended by No. 77/2001 s. 31(2)(h)(i)(ii). (2) If the Director does or omits to do anything— (a) negligently in the exercise of a power or performance of a function under or in connection with section 65(jb) or 66B(2); or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with section 65(jb) or 66B(2)— any liability that would, but for subsection (1), attach to the Director because of that act or omission attaches instead to the Crown.
(2) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act. s. 85AN Note Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision. Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Section 85AA (service of improvement notice) The person on whom the improvement notice is served. 2 Section 85AD (amendment of improvement notice) The person served with the improvement notice that is being amended. 3 Section 85AF (clearance certificate to the effect that all or any specified requirements of improvement notice have been complied with) The person on whom the improvement notice was served. 4 Section 85AH (service of prohibition notice) The person on whom the prohibition notice is served. 5 Section 85AJ (amendment of prohibition notice) The person served with the prohibition notice that is being amended. 6 Section 85AL (certificate that matters have been remedied) The person on whom the prohibition notice was served.
S. 110(1)(b) repealed by No. 68/2009 s. 97(Sch. item 84.12). * * * * * S. 110(1)(c) substituted by No. 46/1991 s. 47(b). (c) The court may impose a fine of not more than 500 penalty units, or imprisonment for 2 years, or both; S. 110(1)(d) amended by No. 46/1991 s. 47(c). (d) If the person charged is for the time being out of the jurisdiction, service of any documents relating to the offence is sufficiently served on that person by being served on the agent (if any) of the owner, charterer, manager or operator of the vessel in respect of which the offence is alleged to have occurred. (2) Despite the provisions of any Act, law or usage to the contrary, a person who has been directed to be tried for an indictable offence under this Act may be proceeded against, tried and convicted of the offence in the person's absence. s. 110 S. 110(3) repealed by No. 20/1993 s. 27(2)(b). * * * * * _______________
(e) revoke a personal watercraft endorsement— the applicant or holder may, in accordance with the regulations and subject to subsection (2), appeal against that decision to the Magistrates' Court. (2) On an appeal under subsection (1) the court must— (a) re-determine the matter; and S. 125(2)(b) amended by No. 77/2001 s. 31(1)(b). (b) hear any relevant evidence tendered by the appellant or the Director; and S. 125(2)(c) amended by No. 77/2001 s. 31(1)(b). (c) without limiting its discretion, take into consideration anything that the Director ought to have considered. S. 125(2A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 36.2). (2A) Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1). S. 125(3) amended by No. 77/2001 s. 31(1)(b). (3) If the court is satisfied that the decision of the Director— (a) results from a disqualification of the appellant in another State or Territory of the Commonwealth; or (b) was required by the regulations— the court must confirm the decision of the Director.
(b) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization. (c) The Secretary-General of the Organization shall inform the Governments of all States which have signed the present Convention or acceded to it of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit. ARTICLE X Entry into Force (a) The present Convention shall enter into force twelve months after the date on which not less than States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant shipping, have become parties to it in accordance with Article IX. Sch. 2 (b) Any instrument of ratification, acceptance, approval or accession deposited after the date on which the present Convention enters into force shall take effect three months after the date of deposit. (c) After the date on which an amendment to the present Convention is deemed to have been accepted under Article VIII, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended. ARTICLE XI Denunciation (a) The present Convention may be denounced by any Contracting Government at any time after the expiry of five years from the date on which the Convention enters into force for that Government. (b) Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization who shall notify all the other Contracting Governments of any instrument of denunciation received and of the date of its receipt as well as the date on which such denunciation takes effect.
By day—Vertical motion of a white flag or the arms or firing of a green star— In Specifically: "Rocket line is held." By night—Vertical motion of a white light or flare or firing of a green star-signal. "Tail block is made fast." "Hawser is made fast." "Man is in the breeches buoy." "Haul away." By day—Horizontal motion of a white flag or arms extended horizontally or firing of a red star-signal. In Specifically: "Slack away." "Avast hauling." By night—Horizontal motion of a white light or flare or firing of a red star-signal. (d) Signals used by aircraft engaged on search and rescue operations to direct ships towards an aircraft, ship or person in distress (see explanatory Note below): (i) The following procedures performed in sequence by an aircraft mean that the aircraft is directing a surface craft towards an aircraft or a surface craft in distress: Sch. 2 (1) circling the surface craft at least once; (2) crossing the projected course of the surface craft close ahead at a low altitude, opening and closing the throttle or changing the propeller pitch; (3) heading in the direction in which the surface craft is to be directed. Repetition of such procedures has the same meaning. (ii) The following procedure performed by an aircraft means that the assistance of the surface
Sch. 4 item 8AA inserted by No. 28/1999 s. 13(1). 8AA. To impose conditions on licences of pilots or pilot exempt masters and to vary any conditions so imposed. Sch. 4 (Heading preceding item 8A) inserted by No. 82/1995 s. 179(1). HARBOUR Sch. 4 item 8A inserted by No. 82/1995 s. 179(1), amended by No. 9/2004 s. 22(2). 8A. To issue, cancel or suspend the licences of harbour masters and to amend, vary or revoke licences of harbour masters. Sch. 4 item 8B inserted by No. 82/1995 s. 179(1). 8B. To inquire into the conduct of harbour masters. Sch. 4 (Heading preceding item 8C) inserted by No. 28/1999 s. 13(2). PILOTAGE PROVIDERS Sch. 4 Sch. 4 item 8C inserted by No. 28/1999 s. 13(2). 8C. To register or renew the registration of pilotage services providers. Sch. 4 item 8D inserted by No. 28/1999 s. 13(2). 8D. To issue certificates of registration to pilotage services providers. Sch. 4 item 8E inserted by No. 28/1999 s. 13(2). 8E. To cancel or suspend registration of pilotage services providers.
Sch. 5 item 42 repealed by No. 32/2006 s. 73(2). * * * * * 43. The form of the document setting out particulars of prior convictions. 44. The form of notices to be endorsed on the document setting out particulars of prior convictions. Sch. 5 Heading preceding item 44A inserted by No. 93/2009 s. 9(1). IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF RECREATIONAL VESSELS Sch. 5 item 44A inserted by No. 93/2009 s. 9(1). 44A. The manner and circumstances in which a recreational vessel may be immobilised. Sch. 5 item 44B inserted by No. 93/2009 s. 9(1). 44B. The matters that must be included in notices issued, given or served under Part 7A. Sch. 5 item 44C inserted by No. 93/2009 s. 9(1). 44C. Procedures and requirements to be complied with before a recreational vessel or an item or thing left in or on a recreational vessel may be recovered. Sch. 5 item 44D inserted by No. 93/2009 s. 9(1). 44D. The circumstances in which a motor vehicle is not eligible for an impoundment or immobilisation order or a forfeiture order under section 62Q or 62R. Sch. 5 REGISTRATION OF VESSELS 45. The categories of vessels for registration purposes. 46. The exemption of classes of vessel from the requirement to be registered. Sch. 5 item 47 amended by No. 17/2009 s. 3(8). 47. Applications for registration, renewal of registration or transfer of registration, the dates by which applications must be made and the
Sch. 5 item 60E inserted by No. 82/1995 s. 180(2). 60E. Cutting and welding operations on vessels in State waters and the safety measures required for the protection of persons and property. Sch. 5 item 60F inserted by No. 82/1995 s. 180(2). 60F. Ballast and ballast water. Sch. 5 item 60G inserted by No. 82/1995 s. 180(2). 60G. The removal of wrecks and obstructions to navigation in State waters. Sch. 5 item 60GA inserted by No. 77/2001 s. 30(c). 60GA. Requirements concerning the disposal of obstructions to navigation removed under section 99B. Sch. 5 item 60H inserted by No. 82/1995 s. 180(2). 60H. The regulation and control of the use of lights and fire on board any vessel in State waters. Sch. 5 item 60I inserted by No. 82/1995 s. 180(2). 60I. Fire-fighting on board vessels in State waters. Sch. 5 item 60J inserted by No. 82/1995 s. 180(2). 60J. Access to and from vessels in State waters and the safety of persons embarking or disembarking from such vessels. Sch. 5 Sch. 5 item 60K inserted by No. 82/1995 s. 180(2). 60K. Bunkering operations. Sch. 5 item 60L inserted by No. 77/2001 s. 30(d). 60L. The provision, use and maintenance of navigation lights or shapes.
Sch. 5 item 63A inserted by No. 82/1995 s. 180(3). Sch. 5 63A. The implementation, administration and coordination of the Victorian Marine Pollution Contingency Plan. PASSENGERS 64. Regulating the conduct of passengers, including empowering the person in charge of a vessel to require people to leave the vessel. 65. The maximum number of passengers to be carried on particular vessels or classes of vessel. Sch. 5 item 65A inserted by No. 77/2001 s. 30(e). 65A. The refuelling of vessels if passengers are on board. Sch. 5 item 65B inserted by No. 77/2001 s. 30(e). 65B. Prohibiting passengers from doing anything (including smoking) that might create a risk of explosion while a vessel is being refuelled. INSPECTIONS AND INVESTIGATIONS 66. Manner of conducting inspections and investigations. 67. Remuneration of assessors appointed under section 58. 68. Costs of inspections and investigations. 69. Witnesses expenses. 70. Enforcing the attendance of witnesses. DECK AND LOAD LINES 71. The manner of determining the length of vessels and of making other measurements relevant to the manner and conditions of assignment of deck and load lines.
registrations, permits or authorisations granted, issued or made under this Act or the regulations. Sch. 5 _______________ Sch. 6 amended by No. 20/1993 s. 27(1)(a)(b), repealed by No. 20/1993 s. 27(2)(c), new Sch. 6 inserted by No. 28/1999 s. 14. SCHEDULE 6 DEFINITIONS In this Schedule— pilot vessel means a vessel transporting or transferring a pilot to and from a vessel for which services provided by a pilot are required; transfer deck means the area of the pilot vessel's deck used for embarkation and disembarkation of a pilot; Sch. 6 def. of navigation position amended by No. 9/2004 s. 24(1). navigation position means the position on a pilot vessel from which the vessel is controlled and navigated; Sch. 6 def. of pilot inserted by No. 9/2004 s. 24(2). pilot includes pilot exempt master. VISIBILITY Sch. 6 1. The transfer deck of the pilot vessel shall be clearly visible from the navigation position. 2. The overboard recovery position on a pilot vessel's deck shall permit visibility of the sea 1 metre from the side of the pilot vessel on which the overboard recovery position is located.