South Australian Current Regulations South Australian Current Regulations (1) A person is exempt
from the operation of section 55 of the Act in respect of a vessel that
is not registered and marked in accordance with these regulations if the
person—
(a) has
been issued trade plates under this regulation; and
(b) the
trade plates are in force; and
(c) the
person operates the vessel in accordance with any condition imposed in
relation to the trade plates under this regulation.
(2) The CE may, on the
application of a person, issue trade plates to the person if satisfied that
the person is engaged in a business in which trade plates are reasonably
required for 1 or more of the following purposes:
(a)
demonstration of a vessel to a prospective purchaser;
(b)
testing of a vessel prior to delivery of the vessel to a purchaser of the
vessel;
(c)
testing of a vessel in the course of repairs or servicing or the making of
alterations or additions to the vessel;
(d)
demonstration of a vessel while the vessel is on display at a boating show or
other similar event.
(3) An application for
trade plates—
(a) must
be made to the CE in a manner and form determined by the CE; and
(b) must
be accompanied by—
(i)
such other information and records as the CE may
reasonably require; and
(ii)
the fee (if any) fixed by Schedule 11.
(4) An applicant under
this regulation must provide the CE with such further information and records
as the CE may reasonably require to determine the application.
(5) Trade plates may
be issued subject to such conditions as the CE thinks fit and specifies in the
certificate of issue of trade plates.
(6) The CE may, by
written notice to the holder of trade plates, vary or revoke a condition of
the trade plates.
(7) A person who holds
trade plates must not contravene a condition of the trade plates.
Maximum penalty: $2 500.
(8) The CE may, by
written notice to the holder of trade plates, cancel the trade plates for
breach of a condition.
(9) Subject to this
regulation, trade plates remain in force for a period of 12 months (and
may be renewed, in accordance with any procedures determined by the CE for
further periods of 12 months).
(10) The CE must, on
issuing trade plates to an applicant, also issue to the applicant—
(a) a
certificate of issue of trade plates; and
(b) a
trade plate label.
(11) Trade plates and
a trade plate label must be affixed to a vessel as follows:
(a)
1 plate must be securely fixed to the forepart of each side of the
vessel;
(b) the
trade plate label must be affixed on to the trade plate that is on the
starboard side of the vessel, aligned with that edge of the trade plate that
is closest to the stern of the vessel;
(c) the
plates must be fixed to the vessel in such a manner that every figure and
letter on the plate is clearly visible and legible up to a distance of at
least 50 m in clear weather conditions while the vessel is underway.
(12) The holder of
trade plates may surrender them to the CE at any time.
(13) If the holder of
trade plates ceases to carry on the business in relation to which the plates
were issued, the person must, within 7 days of ceasing to carry on that
business—
(a)
surrender the plates to the CE; and
(b) if
the business is purchased or acquired by another person—notify the CE in
writing of the name and address of that other person and the date of the sale
or acquisition.
Maximum penalty: $2 500.
(14) If the holder of
trade plates surrenders the trade plates to the CE under this regulation, the
CE must refund to the person the proportion of the fee paid for issue of the
plates corresponding to the unexpired period of their remaining in force, less
the fee (if any) fixed by Schedule 11 for surrender of the plates (the
total refundable amount being rounded to the nearest dollar).