(1) This section applies if—
S. 215(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 7.94(a)).
(a) Safe Transport Victoria considers that, because of an emergency, persons must not enter or remain in a part of State waters; or
(b) a port management body, local port manager or waterway manager considers that, because of an emergency, persons must not enter or remain in a part of waters under their control.
S. 215(2) amended by No. 34/2023 s. 127(Sch. 1 item 7.94(b)).
(2) Safe Transport Victoria, port management body, local port manager or waterway manager may direct a person (orally or in writing) not to enter or remain in the waters.
Note
An oral direction may be given by a delegate of a port management body, local port manager or waterway manager who is a natural person.
S. 215(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.94(b)).
(3) Safe Transport Victoria, port management body, local port manager or waterway manager must, as soon as possible after giving an oral direction, make a written copy of the direction and keep a copy of that direction for a period of 6 years after the date of the direction.
(4) A direction under subsection (2) must specify the waters to which the direction applies.
(5) A person given a direction under subsection (2) must comply with the direction unless the person has a reasonable excuse.
Penalty: 60 penalty units.
Part 5.5—Waterway management
Pt 5.5 Div. 1 (Heading) inserted by No. 55/2017 s. 21.
Division 1—Functions and powers