S. 3(1) def. of port corporation inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(f), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)). * * * * * S. 3(1) def. of port management body inserted by No. 9/2004 s. 3(1)(a), amended by Nos 45/2010 s. 44(g)(h), 38/2011 s. 36. port management body means— (a) in relation to the of Melbourne, the Port of Melbourne Corporation; (b) in relation to— s. 3 (i) the waters declared under section 5 of the Port Management Act 1995 to be the port of Geelong, the Victorian Regional Channels Authority, or, if there is an agreement with a channel operator in relation to those waters, that channel operator; and (ii) the waters declared under section 5 of the Port Management Act 1995 to be the , the Victorian Regional Channels Authority, or, if there is an agreement with a channel operator in relation to those waters, that channel operator; and (iii) port of Hastings waters, the Victorian Regional Channels Authority, or, if there is an agreement with a channel operator
S. 3(1) def. of vessel amended by No. 9/2004 s. 3(1)(f)(i)(ii), substituted by No. 78/2011 s. 44(b). vessel has the same meaning as it has in the Marine Safety Act 2010; S. 3(1) def. of Victorian Marine Pollution Contingency Plan inserted by No. 82/1995 s. 153(1), amended by No. 77/2001 s. 18(a)(b). Victorian Marine Pollution Contingency Plan means the plan (as in force from time to time) established under arrangements developed by Commonwealth, State and Territory Ministers in connection with the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances and in accordance with the state emergency response plan prepared under Part 3A of the Emergency Management Act 1986. S. 3(1) def. of Victorian Channels Authority inserted by No. 82/1995 s. 153(1), substituted as Victorian Regional Channels Authority by No. 85/2003 s. 34(2)(a), substituted by No. 45/2010 s. 44(n). Victorian Regional Channels Authority has the same meaning as in the Transport Integration Act 2010; s. 3 S. 3(1) def. of waterway manager inserted by No. 9/2004 s. 3(1)(a), substituted by No. 65/2010 s. 377(1)(d). waterway manager has the same meaning as it has in the Marine Safety Act 2010.
S. 33(1)(c) amended by No. 94/2003 ss 34(12), 35(7). (c) evidence may be given of the concentration of alcohol indicated to be present in the breath of that person by a breath analysing instrument operated by a person authorised to do so by the Chief Commissioner of Police under section 31; and S. 33(1)(d) amended by No. 94/2003 ss 34(12), 35(7). (d) the concentration of alcohol so indicated is, subject to compliance with section 31(4), evidence of the concentration of alcohol present in the breath of that person at the time his or her breath is analysed by the instrument. S. 33(2) amended by Nos 20/1993 s. 10(2)(a)–(c), 17/1994 s. 19(1)(a)–(d), 100/1995 s. 33(6), 94/2003 ss 34(12), 35(7). (2) A document purporting to be a certificate in the prescribed form produced by a breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in the breath of a person and purporting to be signed by the person who operated the instrument is admissible in evidence in any proceedings referred to in subsection (1), subject to subsection (2E), is conclusive proof of— S. 33(2)(a) inserted by No. 17/1994 s. 19(1)(b). (a) the facts and matters contained in it; and s. 33 S. 33(2)(b) inserted by No. 17/1994 s. 19(1)(b). (b) the fact that the instrument used was a breath analysing instrument within the meaning of this Act; and S. 33(2)(c) inserted by No. 17/1994 s. 19(1)(b). (c) the fact that the person who operated the instrument was authorised to do so by the Chief Commissioner of Police under section 31; and S. 33(2)(d) inserted by No. 17/1994 s. 19(1)(b). (d) the fact that all relevant regulations relating to the operation of the instrument were complied with; and
(a) any structure or apparatus on land; and (b) anything or vehicle resting on or moving over land; and (c) anything resting on or lying under the bed, shore or bank of any navigable waters; and s. 34 (d) anything afloat (other than a vessel) if it is anchored or attached to the bed, shore or bank of any navigable waters or is used in any operation for the exploration of the sea-bed and sub-soil or the exploitation of the natural resources of the sea-bed and sub-soil; prohibited discharge means a discharge into State waters of— (a) oil; or (b) an oily mixture; or (c) an undesirable substance; public statutory body includes any Minister of the Crown and any municipality; tanker means a vessel constructed or adapted for carrying a cargo of oil in bulk; transfer operation means any operation involved in the preparation for, or the commencement, carrying on or termination of, the transfer of oil or an oily mixture or a liquid substance or a mixture containing a liquid substance from or to any vessel, whether to or from a place on land or to or from another vessel; undesirable substance means—
S. 61BA(2)(a) amended by Nos 90/2001 s. 7(2), 65/2010 s. 389C(3)(c) (as amended by No. 78/2011 s. 36). (a) is exempted under the regulations from the requirements of section 115, 115A or 115B because he or she holds an appropriate marine licence issued in another State, Territory or country; and s. 61BA S. 61BA(2)(b) amended by No. 65/2010 s. 389C(3)(d) (as amended by No. 78/2011 s. 36). (b) does not give notice of objection to the transport safety infringement notice and the 28 day period has expired— the person is disqualified from operating a vessel in State waters for the period for which he or she would have been suspended under this section had the person held a marine licence under this Act. (3) Any suspension or disqualification under subsection (1) or disqualification under subsection (2) takes effect on the expiry of the 28 day period. S. 61BA(4) amended by Nos 77/2001 s. 31(1)(b), 65/2010 s. 389C(4) (as amended by No. 78/2011 s. 36). (4) When any suspension has taken effect, the Director may, by notice in writing served on the person whose marine licence is suspended, require that person to surrender any marine licence document to the Director. (5) A person on whom a notice is served under subsection (4) must comply with the notice within the time specified in it. 5 penalty units. S. 61BA(6) amended by No. 65/2010 s. 389C(5) (as amended by No. 78/2011 s. 36). (6) Payment of a penalty in respect of a transport safety infringement notice to which subsection (1) applies may be made in accordance with the regulations.
(f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. S. 105(4) amended by No. 77/2001 s. 31(1)(b). (4) If under subsection (3)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Director causes notice to be published in the Government Gazette of that amendment the document, code, standard, rule, specification or method is to be taken to have not been so amended. S. 105(5) repealed by No. 65/2010 s. 392(2). * * * * * S. 106 amended by No. 77/2001 s. 31(1)(b), repealed by No. 65/2010 s. 392(1). * * * * * S. 107 repealed by No. 65/2010 s. 392(1). * * * * * S. 107A inserted by No. 20/1993 s. 14. s. 107A 107A Supreme Court—limitation of jurisdiction It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of an action of a kind referred to in section 31A(7).
AGREEMENTS Sch. 4 item 20 amended by No. 82/1995 s. 154(15)(a). 20. To enter into agreements or contracts with government departments or other public statutory bodies with respect to— Sch. 4 item 20(a) amended by Nos 82/1995 s. 154(15)(b), 77/2001 s. 31(3)(i). (a) the exercise by the Director and the government department or other public statutory body of their respective functions or the carrying out or providing by the Director for the government department or other public statutory body of any works or services; or Sch. 4 item 20(b) amended by Nos 82/1995 s. 154(15)(b), 77/2001 s. 31(3)(i). (b) the use or joint use by the Director and the government department or other public statutory body of their respective facilities or the services of their respective staff. Sch. 4 21. To enter into agreements on marine matters with a department or public statutory body of the Commonwealth or of another State or a Territory of the Commonwealth. Sch. 4 item 21A inserted by No. 77/2001 s. 20. 21A. To enter into agreements with any person or body concerning the provision of services or facilities in relation to marine pollution incidents. Sch. 4 (Heading preceding item 22) inserted by No. 82/1995 s. 179(4), repealed by No. 78/2011 s. 48. * * * * *
Assent Date: 24.9.96 Commencement Date: S. 3 on 16.11.95: s. 2(2); ss 4(2), 5 on 14.12.95: s. 2(3); s. 4(1) on 1.3.96: s. 2(4); rest of Act on 24.9.96: s. 2(1) : All of Act in operation Legal Practice Act 1996, No. 35/1996 Endnotes Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 55) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988 Port Services and Marine (Amendment) Act 1996, No. 51/1996 Assent Date: 26.11.96 Commencement Date: All of Act (except s. 13) on 26.11.96: s. 2(1); s. 13 on 14.12.95: s. 2(2) : All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 57) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988 Marine (Amendment) Act 1999, No. 28/1999 Assent Date: 1.6.99 Commencement Date: 1.6.99 : All of Act in operation Road Safety (Amendment) Act 2000, No. 14/2000 Assent Date: 18.4.00 Commencement Date: Ss 27–30 on 1.12.00: s. 2(4) : This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988 Statute Law Revision Act 2000, No. 74/2000