(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory of the Commonwealth— but does not include a vessel belonging to the naval, military or air forces of the Commonwealth; S. 3(1) def. of harbour master inserted by No. 82/1995 s. 153(1), substituted by No. 9/2004 s. 3(1)(b). harbour master includes any person authorised under section 26B to exercise any of the functions of the harbour master, if the person so authorised is acting in accordance with the authorisation; S. 3(1) def. of harbour master licence inserted by No. 9/2004 s. 3(1)(a). s. 3 harbour master licence means a licence issued by the Director under section 26HD; hire and drive vessel means a vessel (other than a recreational vessel) that is or is intended to be let for hire or reward or for any other consideration, and includes a vessel that is provided at a holiday establishment or hotel for the use of tenants or guests; S. 3(1) def. of licensed harbour master inserted by No. 82/1995 s. 153(1), amended by No. 77/2001 s. 31(1)(a), substituted by No. 9/2004 s. 3(1)(c). licensed harbour master means a person who is the holder of a harbour master licence;
S. 3(1) def. of pilotage services inserted by No. 28/1999 s. 4. pilotage services means— (a) the service of providing a pilot to navigate a vessel within, or into or out of, port waters; or (b) the service of providing transport and transfer of a pilot to and from a vessel for which services under paragraph (a) are required; or (c) both of the services referred to in paragraphs (a) and (b); S. 3(1) def. of pilotage services provider inserted by No. 28/1999 s. 4, amended by No. 77/2001 s. 31(1)(a). pilotage services provider means a person registered by the Director under Part 3B to provide pilotage services; s. 3 pilot exempt master means a master who is exempted under the regulations from the requirement to engage a pilot for any particular port; S. 3(1) def. of port inserted by No. 82/1995 s. 153(1). port includes any of the following waters, or any part of those waters— (a) any harbour or haven, whether natural or artificial; (b) any estuary, channel, river, creek or roadstead; (c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers; S. 3(1) def. of Port Authority repealed by No. 82/1995 s. 153(2). * * * * *
which the Director or member has reasonable grounds for suspecting— (a) is being used other than in accordance with this Act and the regulations; or (b) was issued other than in accordance with this Act and the regulations— and may retain it until the Director is satisfied that it is not being so used, or was not so issued. 13 Power to inspect vessels S. 13(1) amended by No. 17/2009 s. 3(2). (1) Any of the following people may at any reasonable time inspect a vessel which is being operated, or which the inspecting person has reasonable grounds for suspecting will be operated, or has within the preceding 30 days been operated, on State waters, and which the inspecting person has reasonable grounds for suspecting does not comply with this Act or the regulations or the Australian Builders Plate Standard: S. 13(1)(a) substituted by Nos 77/2001 s. 31(1)(c), 9/2004 s. 5(a). (a) an inspector appointed under section 72 for the purposes of this section; S. 13(1)(b) repealed by No. 82/1995 s. 154(1), new s. 13(1)(b) inserted by No. 77/2001 s. 31(1)(c). (b) any other person who is authorised by the Director for the purposes of this section; (c) A member of the police force; S. 13(1)(d) substituted by No. 9/2004 s. 5(b). (d) a person who is authorised in writing by a port management body, a local port manager or a waterway manager for the purposes of this section.
21 Person in charge must obey signals etc. s. 21 S. 21(1) amended by Nos 82/1995 s. 156(2), 77/2001 s. 31(1)(e). (1) In this section authorised officer means a person who is authorised by the Director, or a person who is authorised by the Minister, for the purposes of this section. S. 21(2) amended by No. 51/1996 s. 14(9)(a)(b). (2) The person in charge of a vessel on State waters must obey any direction that is given, by any means, by a member of the police force or an authorised officer. For a first offence, 4 penalty units. For a subsequent offence, 8 penalty units. S. 22 substituted by No. 93/2000 s. 6. 22 Dangerous operating (1) A person must not operate a vessel at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case. 240 penalty units or imprisonment for 2 years. (2) Subsection (1) does not apply to a person who is complying with section 26. S. 22(3) amended by No. 90/2001 s. 7(1). (3) On conviction for an offence under this section involving a regulated recreational vessel or a regulated hire and drive vessel, the court must— (a) in the case of an offender who holds an operator licence, cancel that licence and disqualify the offender from obtaining an operator licence for the time (not being less than 6 months) that the court thinks fit; or (b) in the case of an offender who does not hold an operator licence, disqualify the offender from obtaining an operator licence for the time (not being less than 6 months) that the court thinks fit.
S. 23(d) amended by Nos 20/1993 s. 19(d), 82/1995 s. 158(b)(d). (d) fails to do any act that is reasonably necessary to protect anyone belonging to or on board a vessel from immediate danger— is guilty of an indictable offence and liable to imprisonment for a term of not more than 2 years or a fine of not more than 240 penalty units or both. 24 Tampering with a vessel S. 24(1) amended by No. 51/1996 s. 14(10). (1) A person must not, without just cause or excuse, tamper with a vessel that is owned by another person. For a first offence, 4 penalty units. For a subsequent offence, 8 penalty units. (2) The accused has the burden of proving just cause or excuse. s. 24 25 Distress signals (1) A vessel must be provided in accordance with the regulations with the means of making distress signals. 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.
that that person intends to start or operate the vessel. S. 27(1A) inserted by No. 20/1993 s. 4(1), amended by No. 94/2003 ss 34(3), 35(1). (1A) For the purposes of an alleged offence against paragraph (e) or (f) of section 28(1) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the person charged or found by an analyst to be present in the sample of blood taken from the person charged (as the case requires) was not due solely to the consumption of alcohol after being in charge of a vessel under way unless the contrary is proved by the person charged on the balance of probabilities by sworn evidence given by him or her which is corroborated by the material evidence of another person. S. 27(1AAA) inserted by No. 23/2001 s. 18. (1AAA) A person is to be taken to be in charge of a vessel under way, if that person is accompanying a person who is in charge of the vessel, for the purpose of enabling the person who is in charge of the vessel to comply with— (a) any condition of the person's licence; or (b) any requirement of regulations made under this Act— that the person be accompanied by a licensed operator while in charge of the vessel. S. 27(2) substituted by No. 20/1993 s. 4(2). (2) If a person who is convicted of an offence against— (a) any one of the paragraphs of section 28(1); or (b) section 31A(2) as in force from time to time— s. 27 has at any time been found guilty or been convicted of— (c) an offence against the same or any other of those paragraphs or that section; or
S. 31(9A) inserted by No. 17/1994 s. 17(7), amended by Nos 100/1995 s. 33(2), 14/2000 ss 27(3), 28, 94/2003 s. 36. (9A) The person who required a sample of breath under subsection (1), (2) or (2A) from a person may require that person to allow a registered medical practitioner or an approved health professional nominated by the person requiring the sample to take from him or her a sample of that person's blood for analysis if it appears to him or her that— (a) that person is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or S. 31(9A)(b) amended by No. 94/2003 ss 34(11), 35(6). (b) the breath analysing instrument is incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by that person for any reason whatsoever— and for that purpose may further require that person to accompany a member of the police force to a place where the sample is to be taken and to remain there until the sample has been taken or until 3 hours after being in charge of or being an occupant of a vessel under way, whichever is sooner. S. 31(9B) inserted by No. 17/1994 s. 17(7), amended by Nos 100/1995 s. 33(2), 14/2000 s. 27(4). (9B) The registered medical practitioner or approved health professional who takes a sample of blood under subsection (9A) must deliver a part of the sample to the person who required it to be taken and another part to the person from whom it was taken. S. 31(9C) inserted by No. 17/1994 s. 17(7). (9C) A person who allows the taking of a sample of his or her blood in accordance with subsection (9A) must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis.
S. 31(9D) inserted by No. 17/1994 s. 17(7), amended by Nos 100/1995 s. 33(2), 14/2000 s. 27(3). (9D) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with subsection (9A). Penalty applying to this subsection: 12 penalty units. S. 31(9E) inserted by No. 17/1994 s. 17(7), amended by Nos 100/1995 s. 33(2), 14/2000 s. 27(5)(a)(b). (9E) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was allowed to be taken under subsection (9A). S. 31(10) amended by Nos 17/1994 s. 17(8)(a)(b), 100/1995 s. 33(2), 14/2000 s. 27(3). s. 31 (10) A person who is required under this section to furnish a sample of breath for analysis may, immediately after being given the certificate referred to in subsection (4), request the person making the requirement to arrange for the taking in the presence of a member of the police force of a sample of that person's blood for analysis at that person's own expense by a registered medical practitioner or an approved health professional nominated by the member of the police force. (11) A part of a sample of blood taken under subsection (10) must be delivered to the person who required the sample of breath under this section. 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.
(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— S. 32(2)(c) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(6), 23/2001 s. 22. (c) of the taking, after that person was in charge of a vessel under way, of a sample of blood from that person by a registered medical practitioner or an approved health professional; and
or her mental condition from effectively giving consent to the examination or collection. S. 32(10) amended by Nos 17/1994 s. 18(4), 93/2000 s. 11. (10) Except as provided in sections 31(9A) and 31A, a blood sample must not be taken and evidence of the result of an analysis of a blood sample must not be tendered unless the person from whom the blood has been collected has expressed consent to the collection of the blood and the onus of proving that expression of consent is on the prosecution. (11) The mere failure or refusal of a person to express consent must not be used in evidence against that person or referred to in any way against that person's interests in any proceedings. 33 Evidentiary provisions—breath tests s. 33 S. 33(1) amended by Nos 20/1993 s. 10(1), 93/2009 s. 47(2). (1) If the question— (a) whether any person was or was not at any time under the influence of alcohol; or S. 33(1)(b) amended by No. 94/2003 ss 34(12), 35(7). (b) as to the presence or the concentration of alcohol in the breath of any person at any time— or if a result of a breath analysis 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— 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
hearing if the nature of that evidence was not indicated in a notice under subsection (2). S. 33(2C) inserted by No. 17/1994 s. 19(2). (2C) If an accused person gives notice to the informant in accordance with subsection (2) that he or she requires the person giving a certificate to be called as a witness and the court is satisfied that that person— (a) is dead; or s. 33 (b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or (c) has ceased to be a member of the police force or is out of and it is not reasonably practicable to secure his or her attendance; or (d) cannot with reasonable diligence be found— the court must order that subsection (2) has effect as if the notice had not been given. S. 33(2D) inserted by No. 17/1994 s. 19(2). (2D) A certificate referred to in subsection (2) remains admissible in evidence even if the accused person gives a notice under that subsection but, in that event, the certificate ceases to be conclusive proof of the facts and matters referred to in that subsection. S. 33(2E) inserted by No. 17/1994 s. 19(2), amended by No. 100/1995 s. 33(9). (2E) Nothing in subsection (2) prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in subsection (2) and, if the informant does so, the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only. S. 33(3) substituted by No. 94/2003 s. 38. (3) In any proceeding under this Act— (a) the statement of any person that on a particular date he or she was authorised by the Chief Commissioner of Police under section 31 to operate breath analysing instruments; or
S. 61B(3A) inserted by No. 93/2000 s. 12(2). (3A) In the case of any subsequent proceedings in relation to an offence in respect of which an infringement notice was issued to which subsection (3) applies, any period of cancellation, disqualification or suspension of an operator licence that— (a) resulted from the conviction; and (b) occurred after the person became aware that the infringement notice had been issued— must be taken into account by the court if the court convicts the person, or finds the person guilty, of the offence in respect of which the infringement notice was issued. S. 61B(4) amended by No. 68/2009 s. 97(Sch. item 84.7). (4) Despite anything to the contrary in any other Act, a charge-sheet referred to in subsection (3)(d) may be filed not later than 12 months after the date of the notice of objection. S. 61BA inserted by No. 93/2000 s. 13 (as amended by No. 23/2001 s. 25). s. 61BA 61BA Suspension of operator licence for drink-operator infringements (1) If— S. 61BA(1)(a) amended by Nos 90/2001 s. 7(1), 94/2003 s. 34(15). (a) a marine infringement notice has been issued to a person in respect of an offence under section 28(1) involving a regulated recreational vessel or a regulated hire and drive vessel where the breath or blood alcohol concentration specified in the notice is the prescribed concentration of alcohol or more than the prescribed concentration of alcohol; and (b) the person to whom the infringement notice has been issued does not give a notice of objection to the infringement notice and the 28 day period has expired— and—
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 _______________ Pt 8 (Heading) amended by No. 77/2001 s. 4(a).
S. 65(c) substituted by No. 6/2010 s. 201(1) (Sch. 5 item 2.3(b)) (as amended by No. 45/2010 s. 20). (c) in addition to the power specified in section 173(1)(d) of the Transport Integration Act 2010, to investigate incidents adequately in order to identify deficiencies in operational procedures, vessel standards or crew training; S. 65(ca)–(cd) inserted by No. 77/2001 s. 6(2)(b), repealed by No. 6/2010 s. 201(1) (Sch. 5 item 2.3(a)) (as amended by No. 45/2010 s. 20). * * * * * S. 65(ce) inserted by No. 77/2001 s. 6(2)(b). s. 65 (ce) to ensure that adequate means exist in ports to enable an effective response to marine pollution incidents within ports; and S. 65(cf) inserted by No. 77/2001 s. 6(2)(b). (cf) to take action to deal with marine pollution incidents occurring in State waters that are not port waters; and (d) to provide vessel survey and consultancy services; 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(jf) inserted by No. 93/2000 s. 14. (jf) to test, approve the testing of and licence operators of regulated recreational vessels; and S. 65(jg) inserted by No. 93/2000 s. 14, repealed by No. 6/2010 s. 201(1) (Sch. 5 item 2.3(a)) (as amended by No. 45/2010 s. 20). * * * * * S. 65(jh) inserted by No. 93/2000 s. 14. (jh) to register recreational vessels; and S. 65(k) amended by No. 6/2010 s. 201(1) (Sch. 5 item 2.3(c)) (as amended by No. 45/2010 s. 20). (k) to investigate alleged breaches of this Act or the regulations and to prosecute for them. S. 65(l) amended by No. 77/2001 s. 6(2)(a)(c), repealed by No. 6/2010 s. 201(1) (Sch. 5 item 2.3(a)) (as amended by No. 45/2010 s. 20). * * * * * S. 66 substituted by No. 77/2001 s. 7. 66 Powers of the Director
(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 the master of the vessel or the person operating the vessel— (i) to stop the vessel; or (ii) to manoeuvre the vessel in a specified manner or to a specified place; or (iii) to secure the vessel in a specified manner; and S. 83(1)(ab) inserted by No. 77/2001 s. 11(1)(b). (ab) detain a vessel for so long as is necessary for the purposes of the investigation, up to a maximum period of 48 hours; and S. 83(1)(ac) inserted by No. 77/2001 s. 11(1)(b). (ac) if authorised to do so under section 83D, detain a vessel for the period authorised under that section; and S. 83(1)(ad) inserted by No. 77/2001 s. 11(1)(b). (ad) direct the master or owner of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel; and S. 83(1)(b) amended by Nos 57/1989 s. 3(Sch. item 126.9), 28/1999 s. 7(2). (b) in accordance with a search warrant issued by a magistrate, enter and inspect any premises; and
S. 84(1B) inserted by No. 28/1999 s. 9(2), amended by No. 77/2001 s. 31(1)(b). (1B) If the Director commences an investigation under this section, the Director— S. 84(1B)(a) amended by No. 77/2001 s. 14(2). (a) may suspend a licence or certificate issued or registration granted under this Act for a period not exceeding 14 days; and (b) must notify the person holding the licence or certificate or registered under this Act that the licence, certificate or registration has been suspended for the period specified in the notice. S. 84(2) amended by Nos 28/1999 s. 9(3), 9/2004 s. 12(2). (2) An investigation must be conducted in such a manner that any person against whom an allegation of incompetence or breach of this Act or the regulations or a condition of a licence granted under this Act is made is given an opportunity of making a defence and showing why his or her certificate, licence or registration should not be cancelled or suspended. S. 84(3) amended by Nos 20/1993 s. 22(2), 77/2001 s. 31(1)(b), 69/2009 s. 54(Sch. Pt 2 item 34). (3) In conducting an investigation the Director has the powers conferred by sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958 on a board appointed by the Governor in Council. S. 84A inserted by No. 77/2001 s. 15. s. 84A 84A Extension of suspension pending investigation (1) The Victorian Civil and Administrative Tribunal may extend the period of a suspension imposed— (a) by the Director under section 84(1B); or (b) by the Tribunal under this section.
(2) Within 21 days of determining what action he or she will take in relation to an investigation, the Director must give the person— (a) a copy of the final investigation report; and (b) written notice of the action. (3) Nothing in subsection (1) is intended to restrict the Director to doing one thing only, nor to restrict the Director from taking action in relation to only one certificate, licence, registration or other authority. S. 84C inserted by No. 77/2001 s. 15. s. 84C 84C Public release of report (1) At the completion of an investigation under section 84, the Director may make public the report of the investigation or any part of the report. (2) During the course of an investigation under section 84, the Director may make public any findings, interim findings or recommendations arising out of the investigation. (3) However, the Director may only make a report, part of a report, finding or recommendation public if— (a) in the opinion of the Director, it is in the public interest to do so; and (b) the making public of the report, part, finding or recommendation will not be likely to prejudice the rights of any person in any criminal proceedings that may be instituted in connection with the matter that was investigated.
his or her name and address refuses or fails to do so or gives a name or address that the member of the police force reasonably suspects to be false. (2) If a person who is arrested for an offence under this Act or the regulations was in charge of a vessel, any member of the police force may take charge of the vessel and may move it to an appropriate place and keep or leave it there pending the admission of the arrested person to bail or, if that person is not the owner of the vessel, pending a demand for the vessel by its owner. S. 86A inserted by No. 93/2000 s. 17. s. 86A 86A Police power to move vessel or require vessel to be moved If a person has, within sight of a member of the police force, committed an offence against Part 4 or Part 10A and that person is in charge of a vessel, the member of the police force may— (a) take charge of the vessel and may move it to an appropriate place; or (b) direct another person to move the vessel to an appropriate place. 87 Power to prosecute S. 87(1) amended by Nos 9/2004 s. 14, 45/2010 s. 48. (1) Proceedings for any offence against this Act, the regulations or regulations made under the Port Management Act 1995 that relate to local ports may be brought by— (a) any member of the police force; or S. 87(1)(b) amended by Nos 82/1995 s. 154(12) (a)(b), 77/2001 s. 31(3)(c). (b) any person who is authorised by the Director in writing to do so either generally or in any particular case; or (c) any person or body authorised in writing to do so either generally or in any particular case by a public authority or other person
S. 94(1) amended by Nos 20/1993 s. 24(a), 28/1999 s. 12(a), 9/2004 s. 15. (1) A person must not act as a master or a crew member on a vessel in any capacity for which a certificate of competency is required under the regulations unless that person holds a certificate of competency that authorises that person to act in that capacity. 60 penalty units. S. 94(1A) inserted by No. 82/1995 s. 173. (1A) A person must not act as the harbour master for any port waters or other State waters with respect to which a licensed harbour master is required to be engaged unless he or she is licensed under this Act to so act. 60 penalty units. S. 94(2) amended by Nos 20/1993 s. 24(b), 28/1999 s. 12(a). (2) A person must not employ or engage another person to act as a master or a crew member on a vessel in any capacity for which a certificate is required under the regulations unless that other person holds an appropriate certificate. 60 penalty units. S. 94(3) amended by No. 28/1999 s. 12(a). (3) The owner of a vessel must not cause or allow it to be operated on State waters unless it is crewed in accordance with the regulations by people who hold appropriate certificates. 60 penalty units. (4) It is a defence to a charge under subsection (2) or (3) for the person charged to prove that the person charged believed, after making all reasonable enquiries, that the person held an appropriate certificate, or the people held appropriate certificates, as the case may be. S. 95 amended by No. 28/1999 s. 12(b). s. 95 95 Offence for pilot to endanger vessel
(b) minimises the risk of environmental damage from the operation of vessels in the waters under the control of the waterway manager. (3) A waterway manager has the following powers— (a) the power to enter into contracts and agreements for the carrying out of its functions under this section; (b) the power to employ persons or enter into contracts or agency agreements with persons to assist in the carrying out of its functions; (c) the powers to charge the fees prescribed by the regulations for any service provided by the waterway manager; (d) the power to do all things necessary to enable its functions under this section to be carried out. New s. 112 inserted by No. 9/2004 s. 20. 112 Delegation powers of waterway managers s. 112 A waterway manager may delegate, by instrument, to any person employed by the waterway manager under section 111(3) any function or power conferred on the waterway manager by or under this Act, other than this power of delegation. _______________ Pt 10AA (Headings and ss inserted by No. 93/2009 s. 8. Division 1—Preliminary New s. 112A inserted by No. 93/2009 s. 8. 112A Part 10AA definitions s. 112A In this Part— VESSELS VESSELS
(i) authorises the person to operate a general recreational vessel; and (ii) is endorsed to authorise the person to operate a personal watercraft; and (b) the person operates the personal watercraft under and in accordance with the licence and endorsement. 10 penalty units. S. 115A inserted by No. 90/2001 s. 6. s. 115A 115A Offence to operate certain classes of hire and drive vessels without a licence (1) A person must not operate a specialised hire and drive vessel unless— (a) the person is the holder of a licence issued under this Part that authorises the person to operate a recreational vessel that has the physical characteristics of the specialised hire and drive vessel; and (b) the person operates the vessel under and in accordance with the licence as if the vessel was a recreational vessel. 8 penalty units. (2) A person must not operate a hire and drive personal watercraft unless— (a) the person is the holder of a licence issued under this Part that— (i) authorises the person to operate a general recreational vessel; and (ii) is endorsed to authorise the person to operate a personal watercraft; and (b) the person operates the hire and drive personal watercraft under and in accordance with the licence and endorsement as if the
S. 118(5) amended by No. 77/2001 s. 31(1)(b). (5) When endorsing an operator licence or renewing or varying such an endorsement or when refusing to endorse such a licence or renew or vary such an endorsement, the Director must do so in accordance with the regulations. S. 118(6) amended by No. 77/2001 s. 31(1)(b). (6) The Director may, before making a personal watercraft endorsement, require the applicant— (a) to— S. 118(6)(a)(i) amended by No. 77/2001 s. 31(1)(b). (i) pass any test about the operation of personal watercraft or undergo any training about the operation of personal watercraft that the Director considers appropriate; or (ii) have any prescribed qualification; and (b) to comply with any prescribed procedures and requirements. (7) For the purposes of this Act a personal watercraft endorsement is to be taken to be part of the licence that is endorsed. S. 119 (Heading) inserted by No. 77/2001 s. 31(3)(f). New s. 119 inserted by No. 93/2000 s. 22. s. 119 119 Cancellation, suspension or variation of a licence and revocation of endorsement by the Director S. 119(1) amended by No. 77/2001 s. 31(1)(b). (1) The Director— S. 119(1)(a) amended by No. 77/2001 s. 31(1)(b). (a) must, if the regulations require the Director to do so; or
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. S. 126 (Heading) inserted by No. 30/2010 s. 88(1). New s. 126 inserted by No. 93/2000 s. 22. s. 126 126 Appeal against disqualification, cancellation, suspension or variation by order of Magistrate's Court or Children's Court S. 126(1) amended by No. 68/2009 s. 97(Sch. item 84.13). (1) A person— (a) who is disqualified from obtaining an operator licence by order of the Magistrates' Court; or (b) whose operator licence is cancelled or suspended or varied by order of the Magistrates' Court— may, under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009, appeal to the County Court against the order in the same manner as a person may appeal from summary conviction by the Magistrates' Court. S. 126(1A) inserted by No. 30/2010 s. 88(2). (1A) A child— (a) who is disqualified from obtaining an operator licence by order of the Children's Court; or
Division 6—Transitional provision New s. 135 inserted by No. 93/2000 s. 22. s. 135 135 Application of Part This Part does not apply to a person— S. 135(a) amended by No. 90/2001 s. 7(7). (a) who is operating a general recreational vessel or a specialised hire and drive vessel; and (b) who is of or over the age of 21 years— until 12 months after the commencement of section 22 of the Marine (Amendment) Act 2000. s. 135 __________________ Division 1—Savings and transitional provisions s. 148 148 Savings and transitional provisions (1) In this section— former Board means the Marine Board of Victoria established under the Marine Act 1958; and new Board means the Board established under Part 8 of this Act. (2) On the commencement of this section the former Board is abolished and its members go out of office. (3) On that commencement— (a) all rights, property and assets that immediately before that commencement were vested in the former Board are, by force
dates, one before and one after the commencement referred to in that subsection, the offence is alleged to have been committed after that commencement. Pt 11 Div. 5 (Heading and ss 156–159) inserted by No. 9/2004 s. 21. Division 5—Transitional provisions—Marine (Amendment) Act 2004 S. 156 inserted by No. 9/2004 s. 21. 156 Saving of certain certificates of service A person who was, immediately before the commencement of section 22(1) of the Marine (Amendment) Act 2004 the holder of a certificate of service (within the meaning of this Act, and as in force immediately before that commencement) is deemed to continue to be, on and from that commencement, the holder of such a certificate, and Schedule 4 to this Act, as it applied to any such certificates, immediately before that commencement, is deemed to continue to so apply to such a certificate. S. 157 inserted by No. 9/2004 s. 21. 157 Saving of certain declarations of local authorities s. 157 Despite the commencement of section 20 of the Marine (Amendment) Act 2004, a person or body that was, immediately before that commencement a local authority within the meaning of paragraph (b) of the definition of local authority (as in force immediately before that commencement) by virtue of a declaration made under section 3(3)(b), as so in force— (a) is deemed to be, on and from that commencement, a waterway manager for the waters in respect of which that person or body had been declared to be a local authority; and
RULE 26 Fishing vessels (a) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this Rule. (b) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit: (i) two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket; (ii) a masthead light abaft of and higher than the all-round green light; a vessel of less than 50 metres in length shall not be obliged to exhibit such a light but may do so; (iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight. (c) A vessel engaged in fishing, other than trawling, shall exhibit: (i) two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones with apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket; Sch. 1 (ii) when there is outlying gear extending more than 150 metres horizontally from the vessel, an all-round white light or a cone apex upwards in the direction of the gear; (iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight. (d) A vessel engaged in fishing in close proximity to other vessels engaged in fishing may exhibit the
refrain from doing any specified thing in relation to the light. Sch. 4 Sch. 4 item 18E inserted by No. 82/1995 s. 179(3), amended by No. 85/2003 s. 34(2)(b), substituted by No. 9/2004 s. 25(Sch. item 9(c)). 18E. To control navigation and vessel movements in State waters for which the Director is the waterway manager. Sch. 4 item 18F inserted by No. 82/1995 s. 179(3), amended by No. 85/2003 s. 34(2)(b), substituted by No. 9/2004 s. 25(Sch. item 9(c)). 18F. To designate anchorage areas in State waters for which the Director is the waterway manager. Sch. 4 item 18G inserted by No. 82/1995 s. 179(3), amended by Nos 85/2003 s. 34(2)(b), 9/2004 s. 25(Sch. item 9(d)). 18G. To develop standards for the dredging and maintenance of channels the navigation of which is under the control of the Victorian Regional Channels Authority or a channel operator or any other port management body, local port manager or any waterway manager. Sch. 4 item 18H inserted by No. 82/1995 s. 179(3). 18H. To direct persons who manage and control channels to publish information about the depths and configurations of the channels.
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 28D inserted by No. 77/2001 s. 30(a). 28D. The issue of, and the conditions applying to, permits for vessels undergoing sea trials.
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.
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. 3. The navigation position shall permit clear observation of the embarkation and disembarkation of a pilot and the overboard recovery position of the pilot vessel. WORKING DECKS 4. The transfer deck of the pilot vessel shall be not less than 1 square metre and shall be clear of obstructions.