S. 3(1) def. of approved health professional inserted by No. 14/2000 s. 27(1), amended by Nos 97/2005 s. 182(Sch. 4 item 34(a)), 13/2010 s. 51(Sch. item 35.1). approved health professional means— (a) a person registered under the Health Practitioner Regulation National Law— (i) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (ii) in the registered nurses division of that profession; (b) a person approved under subsection (4) to take a blood sample for the purposes of Part 4; S. 3(1) def. of Australian Builders Plate Standard inserted by No. 17/2009 s. 3(1). Australian Builders Plate Standard means the "National Standard for the Australian Builders Plate for Recreational Boats" as prescribed by regulations made under the Fair Trading Act 1999; Australian fishing vessel means a fishing vessel that is registered in , or entitled to be so registered, or in relation to which an instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth is in force; s. 3 S. 3(1) def. of Board repealed by No. 77/2001 s. 3(a). * * * * * S. 3(1) def. of breath analysing instrument inserted by No. 17/1994 s. 15. breath analysing instrument has the same meaning as in the Road Safety Act 1986;
For a subsequent offence, 3 penalty units. __________________ S. 15 (Heading) inserted by No. 77/2001 s. 31(1)(d). s. 15 15 Director may regulate or prohibit operation S. 15(1) amended by Nos 82/1995 s. 154(2), 77/2001 s. 31(1)(b), 85/2003 s. 34(2)(b), 9/2004 s. 25(Sch. item 1(a)). (1) The Director, on the recommendation of a port management body, local port manager or waterway manager, may from time to time by notice published in the Government Gazette— S. 15(1)(a) amended by Nos 82/1995 s. 154(3), 85/2003 s. 34(2)(b), 9/2004 s. 25(Sch. item 1(b)). (a) regulate or prohibit the operation on any waters under the control of a port management body, local port manager or waterway manager, or any specified parts of those waters, of— (i) any vessels; or (ii) any specified classes of vessel; and (b) regulate the use of those waters by bathers and others, so far as that use affects any boating activity. S. 15(2) amended by No. 77/2001 s. 31(1)(b). (2) The Director, on the recommendation of a member of the police force, may from time to time by notice published in the Government Gazette— (a) regulate or prohibit the operation on any waters of— (i) any vessels; or VESSELS
was required or allowed to be taken from any person under this section. s. 32 32 Evidentiary provisions—blood tests (1) In this section properly qualified analyst means— (a) a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified analyst for the purposes of this section; or (b) a person who is considered by the court to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express the opinion to which this section relates. S. 32(2) amended by Nos 20/1993 s. 9(1)(c), 93/2009 s. 47(2). (2) If the question— S. 32(2)(a) amended by No. 20/1993 s. 9(1)(a). (a) whether any person was or was not at any time under the influence of alcohol or any other drug; or S. 32(2)(b) amended by No. 20/1993 s. 9(1)(b). (b) as to the presence of alcohol or any other drug or the concentration of alcohol in the blood of any person at any time— or if a finding on the analysis of a blood sample is relevant on a hearing for an offence against section 28(1) or on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958 arising out of the operating of a vessel then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given—
(6) Costs and expenses recoverable under this section may be recovered in the course of criminal proceedings in respect of the discharge or may be recovered in any court of competent jurisdiction as a debt due to the authority or body even if no proceedings have been taken in respect of the discharge. (7) Despite anything to the contrary in this section, if a person is convicted of an offence under section 36(3), the appropriate authority or public statutory body or the Minister (as the case requires) may, if it, he or she thinks fit, recover the costs and expenses as provided in this section from the person so convicted instead of from the person from whom they might otherwise have been recoverable under this section. s. 38 (8) Proceedings under this section are in addition to and not in derogation of any proceedings which may be taken apart from this section. S. 38(9) inserted by No. 46/1991 s. 40. (9) In this section prohibited discharge means prohibited discharge within the meaning of section 34 and includes— (a) a discharge of a liquid substance or any mixture containing a liquid substance within the meaning of section 14 of the Pollution of Waters by Oil and Noxious Substances Act 1986; and (b) a discharge or disposal of any other substance, the discharge or disposal of which is prohibited by that Act. S. 38A inserted by No. 46/1991 s. 41. s. 38A 38A Recovery of costs of analysis (1) In this section, work conducted in relation to an appropriate authority or public statutory body,
proper for the carrying out of the action required by the notice to be carried out. (4) If— (a) a notice under section 45(1) is served in respect of a vessel which is not a tanker; and (b) a requirement specified in the notice is not complied with or a prohibition specified in it is contravened; and (c) a prohibited discharge occurs from the vessel because the requirement was not complied with or the prohibition was contravened— the Minister may, whether or not the owner of the vessel has been convicted of an offence under subsection (1), cause any things to be done that the Minister thinks proper to prevent, or reduce the extent of, the pollution of State waters or any part of the Victorian coast or to remove or reduce the effects of that pollution. (5) Subject to subsection (6), the amount of any expense or other liability incurred by the Minister in, or by reason of, the exercise of his or her powers under subsection (3) or (4) in relation to a vessel— s. 46 (a) is a debt due to the Crown by, and may be recovered from, the owner of the vessel; and (b) is a charge on the vessel— and the vessel may be detained by a person authorised by the Minister until the amount is paid or security for its payment is provided to the satisfaction of the Minister. (6) Subsection (5) does not apply in relation to the amount of any expense or other liability incurred by the Minister in, or by reason of, the exercise of his or her powers under subsection (4) in relation
S. 58(8) amended by No. 77/2001 s. 31(2)(a)(ii) (A)(B). s. 58 (8) Before the hearing of a proceeding for an offence against a regulation made under subsection (1) the Director must, unless the services of assessors in the particular case are dispensed with, by a notice signed by him or her require two of the assessors appointed by the Director (being assessors who appear to possess skill of the particular nature likely to be required in the proceeding) to attend the Court for the purpose of the proceeding. (9) An assessor is not required to attend the Court if— (a) he or she is disqualified by reason of being interested in the matter of the proceeding; or S. 58(9)(b) amended by No. 77/2001 s. 31(1)(b). (b) he or she is on leave of absence granted by the Director. (10) An assessor is, for every day or part of a day during which he or she attends the Court, entitled to be paid such fee as is prescribed. Division 3—Safety Convention cf. Navigation Act 1912 s. 191. s. 59 59 Regulations giving effect to Safety Convention (1) In this section inter-State voyage and overseas voyage have the same meanings as in section 6 of the Commonwealth Navigation Act. (2) The regulations may make provision for or in relation to giving effect to a provision of Chapter V of the Regulations contained in the Annex to the Safety Convention (other than Regulation 13 or 15 of that Chapter of those Regulations) with respect to— (a) a trading ship within the meaning of section 6 of the Commonwealth Navigation Act proceeding on a voyage other than an overseas voyage or an inter-State voyage; or
setting out particulars of the alleged prior convictions or findings of guilt. S. 62(2) amended by No. 20/1993 s. 13(2). (2) The document setting out the alleged prior convictions or findings of guilt— (a) must be endorsed with a notice in the prescribed form; and (b) may be served in any manner in which the summons for the infringement may be served. S. 62(3) amended by Nos 57/1989 s. 3(Sch. item 126.6), 20/1993 s. 13(3)(a)(b). (3) If the court by which any person has been convicted or found guilty is satisfied that a copy of any such document was served on that person at least 14 days before the hearing of the charge the document is admissible and is evidence— (a) that the person was convicted or found guilty of the offences alleged in the document; and s. 62 (b) of the particulars relating to the convictions or findings of guilt set out in the document. S. 62(4) amended by Nos 57/1989 s. 3(Sch. item 126.7), 68/2009 s. 97(Sch. item 84.8). (4) Any such document may not be tendered in evidence without the consent of the accused if the accused is present at the hearing of the charge. S. 62(5) amended by Nos 57/1989 s. 3(Sch. item 126.8), 20/1993 s. 13(4)(a)–(c), 68/2009 s. 97(Sch. item 84.9). (5) Without limiting the generality of the provisions of Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009, where any evidence of prior convictions or findings of guilt has been tendered pursuant to the provisions of this section, the court may set aside, on any terms as to costs or otherwise that the court decides, any conviction, finding or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the accused or that the accused was not in fact
convicted, or found guilty, of the offences as alleged in the document. s. 62 __________________ Part 7A (Heading and ss 62A–62ZY) inserted by No. 93/2009 s. 5. 7A—IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF Division 1—Preliminary S. 62A inserted by No. 93/2009 s. 5. 62A Part 7A definitions s. 62A (1) In this Part— appeal period, in relation to a conviction or an impoundment or immobilisation order or a forfeiture order, means the period ending— (a) if 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 (b) if an appeal against the conviction or order has been lodged, when the appeal is abandoned or finally determined; authorised person means a person authorised by a member of the police force under section 62H; 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 this Part including, where relevant, the cost of—
(b) the registered person of the recreational vessel, if he or she is not the person referred to in paragraph (a); and (c) the owner of the recreational vessel, if he or she is not a person referred to in paragraph (a) or (b). (2) A person who— (a) is an owner or registered person of a recreational vessel in relation to which a notice under subsection (1) has been served; and (b) who does not have an interest or the sole interest in that recreational vessel— must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice on any person who he or she is aware has an interest in the recreational vessel. Note See section 62ZY for how a notice may be served. S. 62J inserted by No. 93/2009 s. 5. 62J Content of notice s. 62J A notice under section 62I must be in a form approved by the Chief Commissioner of Police and must state— (a) the operator's name; and (b) the identification mark of the recreational vessel; and (c) the engine number and the length, breadth and colour of the recreational vessel; and (d) the date and time when the recreational vessel was impounded or immobilised; and (e) the date of the relevant offence in respect of which the recreational vessel has been impounded or immobilised; and
S. 65(e) repealed by No. 6/2010 s. 201(1) (Sch. 5 item 2.3(a)) (as amended by No. 45/2010 s. 20). * * * * * (f) to determine the fitness of a person to hold a licence or a certificate of competency; and (g) to license pilots and to develop appropriate standards for the training of pilots and pilot exempt masters and to ensure that those standards are maintained; and S. 65(ga) inserted by No. 28/1999 s. 6. (ga) to register pilotage services providers; and S. 65(gb) inserted by No. 28/1999 s. 6. (gb) to approve appropriate alternative safety standards for the provision of pilotage services by pilotage services providers; S. 65(h) substituted by No. 82/1995 s. 164(1). (h) to determine and enforce standards and procedures for navigation and maritime safety on State waters; and S. 65(i) substituted by No. 82/1995 s. 164(1). s. 65 (i) to develop appropriate standards for the provision and maintenance of navigation aids for State waters; and S. 65(j) substituted by No. 82/1995 s. 164(1). (j) to develop appropriate standards for the dredging and maintenance of channels in State waters; and S. 65(ja) inserted by No. 82/1995 s. 164(1). (ja) to direct the removal of impediments or obstructions to navigation on State waters; and S. 65(jb) inserted by No. 82/1995 s. 164(1). (jb) after consultation with the Environment Protection Authority, to develop, review,
any liability that would, but for subsection (1), attach to the person because of that act or omission attaches instead to the Crown. 67 Exemptions s. 66D S. 67(1) amended by No. 77/2001 s. 31(1)(b). (1) The Director may, by notice in writing to any person affected, exempt any person or vessel or any class of person or vessel from any requirement of this Act if the Director decides— (a) that the requirement has been substantially complied with; or (b) that the purpose of the requirement has been adequately achieved; or (c) that compliance would, in the particular circumstances, be impracticable, unnecessary, or inappropriate. (2) An exemption may be either indefinite or for a specified period and either absolute or on specified conditions. S. 67(3) amended by No. 77/2001 s. 31(1)(b). (3) The Director may at any time cancel an exemption, or alter its period or its terms and conditions, by notice in writing to any person affected. S. 68 amended by No. 82/1995 s. 166, substituted by No. 77/2001 s. 8, repealed by No. 6/2010 s. 201(1) (Sch. 5 item 2.1) (as amended by No. 45/2010 s. 20). s. 67 * * * * *
S. 82D inserted by No. 77/2001 s. 10. 82D Functions of inspectors An inspector must investigate and report to the Director on any of the following that the Director requires— S. 82D(a) amended by No. 17/2009 s. 3(6). (a) whether this Act and the regulations and the Australian Builders Plate Standard, and the conditions of any licence or certificate issued or registration granted by the Director, are being complied with; (b) any accident or incident reported to a member of the police force, or at a police station, under section 20(1); (c) any accident or incident reported to the Director under section 20(3) or 20(4); (d) the nature and causes of an alleged accident involving a vessel or of any alleged damage to a vessel; (e) the condition and adequacy of any vessel and its equipment; (f) any other matter that, in the opinion of the Director, should be investigated for the purposes of this Act. S. 83 amended by No. 77/2001 s. 11(1)(a)(2) (ILA s. 39B(1)). s. 83 83 Powers of inspectors (1) An inspector may, for the purposes of conducting an investigation under section 82D— (a) without unnecessarily delaying the vessel, go on board and inspect any vessel and its equipment; and S. 83(1)(aa) inserted by No. 77/2001 s. 11(1)(b). (aa) if it is necessary to do so to enable the inspector to board or leave a vessel, direct
(a) search and inspect the vessel; (b) inspect any thing on the vessel; (c) make copies of, or take extracts from, any document; (d) seize any thing on the vessel if the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction; (e) test any equipment or substance on the vessel; (f) take samples of any substance; (g) take measurements; (h) take any photographs or make any audio, visual or other recordings that he or she considers necessary; (i) use any assistants or equipment the inspector considers necessary to exercise the powers conferred by this section. S. 83A inserted by No. 28/1999 s. 8. 83A Offence to fail to comply with request of inspector s. 83A (1) A person must not— S. 83A(1)(a) amended by No. 77/2001 s. 12(a). (a) without reasonable excuse, refuse or fail to comply with a request or requirement made by an inspector in the course of conducting an investigation under section 82D; or S. 83A(1)(b) amended by No. 77/2001 s. 12(b). (b) give information to an inspector under section 83 that the person knows to be false or misleading in a material particular; or
(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.
20 penalty units. S. 92A inserted by No. 82/1995 s. 172. s. 92 92A Offence to fail to comply with certain directions etc. S. 92A(1) amended by No. 77/2001 s. 31(1)(b). (1) A person must not, without reasonable excuse, refuse or fail to comply with any direction given to the person by the Director under paragraph 18C, 18H or 22 of Schedule 4. 120 penalty units. S. 92A(2) amended by Nos 77/2001 s. 31(1)(b), 85/2003 s. 34(2)(b), 9/2004 s. 25(Sch. item 7). (2) A port management body, a local port manager or a waterway manager must not refuse or fail to comply with a standard developed by the Director under paragraph 18B or 18G of Schedule 4. 120 penalty units. 93 Offence to offer or accept bribes S. 93(1) amended by Nos 82/1995 s. 154(14), 77/2001 s. 31(3)(d)(i), 9/2004 s. 25(Sch. item 8). (1) A person who offers a bribe, pecuniary or otherwise, either directly or indirectly, to a person who is employed or engaged to provide services for the Director, a port management body, a local port manager or a waterway manager, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or a fine of not more than 30 penalty units or both. S. 93(2) amended by Nos 82/1995 s. 154(14), 77/2001 s. 31(3)(d)(ii), 9/2004 s. 25(Sch. item 8). (2) A person who is employed or engaged to provide services for the Director, a port management body, a local port manager or a waterway manager, who accepts a bribe, pecuniary or otherwise, either directly or indirectly is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or a fine of not more than 30 penalty units or both. s. 93 94 Offence if people employed without appropriate certificates
S. 101A inserted by No. 93/2000 s. 19. s. 101A 101A Disclosure of Information S. 101A(1) amended by No. 77/2001 s. 31(1)(b). (1) Subject to this section, the Director or a relevant person must not— S. 101A(1)(a) amended by No. 77/2001 s. 31(1)(b). (a) disclose information gained by the Director or in the course of the delegation, employment or engagement of the relevant person that is information of a personal nature or that has commercial sensitivity for the person about whom it is kept; or (b) use the person's knowledge of any such information. 100 penalty units. S. 101A(1A) inserted by No. 17/2009 s. 3(7). (1A) Subsection (1) does not prevent the disclosure or use of information obtained by the Director or a relevant person under this Act if the disclosure or use is made for the purposes of enabling— (a) the Director of Consumer Affairs under the Fair Trading Act 1999; or (b) a person authorised by the Director of Consumer Affairs Victoria under the Fair Trading Act 1999 for the purposes of section 142A of that Act— to bring proceedings for an offence against the Fair Trading Act 1999, or regulations made under that Act, relating to the Australian Builders Plate Standard or to receive information relating to compliance with the Australian Builders Plate Standard. s. 101A (2) Subsection (1) does not prevent the disclosure or use of information, in accordance with the regulations (if any)—
(a) has an engine that is used for propulsion; and (b) has a fully enclosed hull; and (c) does not retain water on it if it capsizes; and s. 113 (d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel, but not seated within the vessel; personal watercraft endorsement means an endorsement of a general operator licence or a restricted operator licence under section 118(1); restricted operator licence means a licence issued under section 117(1). S. 113 def. of specialised hire and drive vessel inserted by No. 90/2001 s. 5(1). specialised hire and drive vessel means— (a) a hire and drive vessel that has an engine that is able to propel the vessel at a speed of 10 knots or more; or (b) a vessel that falls within any other class of hire and drive vessel specified by the regulations for the purposes of this paragraph— but does not include a hire and drive personal watercraft. New s. 114 inserted by No. 93/2000 s. 22. s. 114 114 Purposes of licensing The purposes of licensing are to—
(iii) a cylinder shall have a diameter of at least 0·6 metre and a height of twice its diameter; (iv) a diamond shape shall consist of two cones as defined in (ii) above having a common base. (b) The vertical distance between shapes shall be at least 1·5 metres. (c) In a vessel of less than 20 metres in length shapes of lesser dimensions but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced. 7. Colour specification of lights The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each colour by the International Commission on Illumination (CIE). The boundaries of the area for each colour are given by indicating the corner co-ordinates, which are as follows: (i) White x 0525 0525 0452 0310 0310 0443 y 0382 0440 0440 0348 0283 0382 (ii) Green x 0028 0009 0300 0203 y 0385 0723 0511 0356 Sch. 1 (iii) Red x 0680 0660 0735 0721 y 0320 0320 0265 0259 (iv) Yellow x 0612 0618 0575 0575 y 0382 0382 0425 0406 8. Intensity of lights (a) The minimum luminous intensity of lights shall be calculated by using the formula:
of a white light or flare or firing of a red star-signal or signalling the code letter "S" (...) given by light or apparatus. Sch. 2 By day—Horizontal motion of a white flag, followed by the placing of the white flag in the ground and the carrying of another white flag in the direction to be indicated or firing of a red star-signal vertically and a white in the direction towards the better landing place or signalling the code letter "S" (...) followed by the code letter "R" (.-.) if a better landing place for the craft in distress is located more to the right in the direction of approach or the code letter "L" (.-..) if a better landing place for the craft in distress is located more to the left in the direction of approach. "Landing here highly dangerous. A more favourable location for landing is in the direction indicated." By night—Horizontal motion of a white light or flare, followed by the placing of the white light or flare on the ground and the carrying of another white light or flare in the direction to be indicated or "Landing here
firing of a red star-signal vertically and a white in the direction towards the better landing place or signalling the code letter "S" (...) followed by code letter "R" (.-.) if a better landing place for the craft in distress is located more to the right in the direction of approach or the code letter "L" (.-..) if a better landing place for the craft in distress is located more to the left in the direction of approach. highly dangerous. A more favourable location is in the direction indicated." Sch. 2 (c) Signals to be employed in connexion with the use of shore-life saving apparatus: Signal Signification 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):
LOCAL KNOWLEDGE REQUIREMENTS 24. The examination of masters as to their local knowledge and the issuing of local knowledge certificates. 25. The circumstances in which a master with a local knowledge certificate need not use the services of a pilot. CREWING OF Sch. 5 item 26 amended by No. 9/2004 s. 23(1)(c). 26. The crewing of vessels generally or any class of vessel, and the certificates of competency that are required to be held by the crew of any vessel or any class of vessel. 27. The accommodation to be provided, on vessels generally or any class of vessel, for the crew. Sch. 5 SURVEY OF Sch. 5 item 28 amended by No. 77/2001 s. 31(3)(j). 28. The survey of vessels by surveyors or inspectors appointed by the Director. Sch. 5 item 28A inserted by No. 93/2000 s. 24(1). 28A. The carriage and display of certificates of survey or certified copies of such certificates on vessels. Sch. 5 item 28B inserted by No. 77/2001 s. 30(a). 28B. Requirements to be complied with before a certificate of survey may be granted. Sch. 5 item 28C inserted by No. 77/2001 s. 30(a). 28C. Applying any requirements referred to in clause 28B to government vessels.
Sch. 5 item 60A inserted by No. 82/1995 s. 180(2). 60A. The safety of navigation in State waters. Sch. 5 item 60B inserted by No. 82/1995 s. 180(2). 60B. The safe anchoring, mooring, riding and securing of vessels in State waters. Sch. 5 item 60C inserted by No. 82/1995 s. 180(2). 60C. The stability, direction and control of vessels in State waters. Sch. 5 Sch. 5 item 60D inserted by No. 82/1995 s. 180(2). 60D. The slipping, careening and repairing of vessels in State waters. 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 60M inserted by No. 77/2001 s. 30(d). 60M. The provision, use and maintenance of sound signalling devices. Sch. 5 item 60N inserted by No. 77/2001 s. 30(d). 60N. The carriage of stability data. Sch. 5 item 60O inserted by No. 77/2001 s. 30(d). 60O. Requiring operators of vessels and passengers to wear or carry safety equipment. Sch. 5 item 60P inserted by No. 77/2001 s. 30(d). 60P. The operation of hire and drive vessels. 61. The prevention of collisions between vessels. 62. The use of State waters by bathers and others, to the extent that the use affects the operation of vessels.
Sch. 5 Item 62A inserted by No. 5/1990 s. 18. 62A. Devices for the purposes of section 29; the handling, storage, use and maintenance of those devices; the precautions to be taken and the procedures and methods to be employed in the use of those devices for ensuring that they give accurate and reliable results. Sch. 5 item 62B inserted by No. 5/1990 s. 18. Sch. 5 62B. The handling, storage, use and maintenance of breath analysing instruments used for the purposes of section 31 and the procedures and methods to be employed in the use of those instruments for ensuring that they give accurate and reliable results. Sch. 5 item 62C inserted by No. 5/1990 s. 18, amended by Nos 23/1994 s. 118(Sch. 1 item 34.6), 14/2000 s. 30. 62C. The methods and conditions to be observed by registered medical practitioners and approved health professionals in collecting blood samples. Sch. 5 item 62CA inserted by No. 93/2000 s. 24(2). 62CA. The persons responsible for the safe-keeping of samples of blood taken under section 31A and the methods of storage to be used by them. Sch. 5 item 62CB inserted by No. 93/2000 s. 24(2). 62CB. The delivering of portions of samples of blood taken under section 31A to the people from whom they are taken and to members of the police force. Sch. 5 Sch. 5 item 62D inserted by No. 5/1990 s. 18. 62D. The methods to be used by analysts in determining the concentration of alcohol in a blood sample.
Sch. 5 (Heading preceding item 108) inserted by No. 77/2001 s. 30(f). MISCELLANEOUS Sch. 5 item 108 inserted by No. 77/2001 s. 30(f). Sch. 5 108. The suspension or cancellation of any licence, certificate or registration granted under this Act if the holder of the licence, certificate or registration has used a vessel to commit any offence against any Act or regulations. Sch. 5 item 109 inserted by No. 9/2004 s. 23(3). 109. Licences, certificates, registrations, permits or authorisations granted, issued or made by the Commonwealth or other States or a Territory of the Commonwealth that may be recognised as being the equivalent of licences, certificates, 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;