Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of accreditation inserted by No. 78/2011 s. 3(1)(a).
"accreditation" means an accreditation granted under section 271F ;
"approved code of practice" means a code of practice approved under Part 8.2 and includes an approved code of practice revised in accordance with that Part;
S. 3(1) def. of Australian Builders Plate Standard substituted by No. 30/2021 s. 89.
"Australian Builders Plate Standard" means the standard entitled National Standard for the Australian Builders Plate for Recreational Boats published under the authority of the Ministers comprising the former Australian Transport Council, and as amended from time to time;
S. 3(1) def. of Australian fishing vessel repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of certificate of competency amended by No. 78/2011 s. 3(1)(b), substituted by No. 36/2013 s. 24(2).
"certificate of competency "has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;
"channel" includes swinging basin, turning circle, an area alongside a berth or dock, fairway and anchorage;
channel operator has the same meaning as in the Port Management Act 1995 ;
close quarters situation has the meaning given by section 4 ;
S. 3(1) def. of commercially operated vessel repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of commercial vessel repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of Common-wealth Navigation Act amended by No. 36/2013 s. 24(3).
"Commonwealth Navigation Act "means the Navigation Act 2012 of the Commonwealth;
S. 3(1) def. of corres-ponding authority amended by No. 34/2023 s. 127(Sch. 1 item 7.1(a)).
"corresponding authority" means a person who, or body that, outside of Victoria has functions under a corresponding law that correspond with any of the functions of Safe Transport Victoria under Parts 3.1 and 3.3;
"corresponding law" means a law of the Commonwealth or of another State or of a Territory that corresponds to Parts 3.1 and 3.3;
S. 3(1) def. of customs vessel inserted by No. 36/2013 s. 24(4).
"customs vessel "has the same meaning as in section 17 of the Commonwealth Navigation Act;
S. 3(1) def. of domestic commercial vessel inserted by No. 36/2013 s. 24(4).
"domestic commercial vessel" has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;
S. 3(1) def. of Emergency Management Com-missioner inserted by No. 10/2016 s. 158(a).
"Emergency Management Commissioner" has the same meaning as in the Emergency Management Act 2013 ;
"fairway "means that part of an area of navigable waters that is usually used by vessels for navigation through the area;
S. 3(1) def. of fishing vessel repealed by No. 36/2013 s. 24(1).
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"general marine licence" means a licence granted under section 53 ;
S. 3(1) def. of government vessel repealed by No. 36/2013 s. 24(1).
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"harbour master" means—
(a) a licensed harbour master; or
(b) any person authorised under section 229 to exercise any of the functions of the harbour master, if the person so authorised is acting in accordance with the authorisation;
"harbour master licence" means a licence granted under section 224 ;
S. 3(1) def. of hire and drive vessel substituted by No. 36/2013 s. 24(5).
"hire and drive vessel "means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants;
"licensed harbour master" means a person who is the holder of a harbour master licence;
"licensed pilot" means a pilot who is the holder of a pilot licence;
"local knowledge certificate" means a certificate issued under section 83;
"local port" has the same meaning as in the Port Management Act 1995 ;
"local port manager" means, in relation to a local port, the person or body appointed under section 44A of the Port Management Act 1995 as the port manager of that port;
S. 3(1) def. of marine incident amended by No. 36/2013 s. 24(6).
"marine incident" means—
(a) a death of, or injury to, a person onboard a vessel caused by the operation or navigation of a vessel; or
(b) the loss or presumed loss of a vessel; or
(c) a collision of vessels; or
(d) a collision by a vessel with an object; or
(e) the grounding, sinking, flooding or capsizing of a vessel; or
(f) a fire onboard a vessel; or
(g) a loss of stability of a vessel that affects the safety of the vessel; or
(h) the structural failure of a vessel; or
(i) a close quarters situation; or
(j) an event that results in—
(i) the death of, or injury to, a person onboard a vessel; or
(ii) the loss of a person from a vessel; or
(iii) a vessel becoming disabled and requiring assistance; or
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(k) the fouling or damaging by a vessel of—
(i) any pipeline or submarine cable; or
(ii) any aid to navigation within the meaning of the Commonwealth Navigation Act;
S. 3(1) def. of marine infringement repealed by No. 78/2011 s. 3(1)(c).
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"marine licence" means—
(a) a general marine licence; or
(b) a restricted marine licence;
"marine operations "means marine safety infrastructure operations or vessel operations;
"marine safety equipment" means equipment designed or used to prevent or mitigate the consequences of a marine incident and includes—
(a) personal flotation devices carried on a vessel; and
(b) telecommunications systems carried or installed on a vessel; and
(c) flares and other devices carried on a vessel that can be used to attract attention to the vessel or indicate the vessel's position; and
(d) position identification systems carried or installed on a vessel; and
(e) anchors and other devices carried on a vessel that may be used to maintain the vessel's position or stability; and
(f) oars and other alternative means of propulsion carried on a vessel; and
(g) fire extinguishers carried or installed on a vessel; and
(h) lights carried or installed on a vessel; and
(i) thermal protective aids carried on a vessel;
marine safety equipment design and construction activities means designing, commissioning, constructing, manufacturing, maintaining, repairing or modifying marine safety equipment;
"marine safety infrastructure "means the channels and facilities that are necessary to ensure the safety of marine operations and includes—
(a) navigation aids and associated structures and works; and
(b) signage and associated structures and works; and
(c) lights and associated structures and works; and
(d) telecommunications systems and associated structures and works; and
(e) buildings used for the purpose of observing vessel operations; and
(f) traffic management systems (including vessel traffic systems and associated structures and works); and
(g) plant and machinery used for dredging; and
(h) slipways, wharves, jetties, piers and other berthing facilities; and
(i) boat ramps and other launching facilities;
S. 3(1) def. of marine safety infrastructure operations amended by No. 29/2011 s. 3(Sch. 1 item 57.1).
"marine safety infrastructure operations" means—
(a) designing, commissioning, constructing, dredging, manufacturing, erecting, installing, operating, maintaining, repairing, monitoring or managing marine safety infrastructure; or
(b) operating communications systems (including signals) and vessel traffic management systems for the purpose of directing the safe movement of vessels in port waters;
"marine safety matter "has the same meaning as in the Transport Integration Act 2010 ;
S. 3(1) def. of marine safety work amended by Nos 36/2013 s. 24(7), 55/2017 s. 4(a).
"marine safety work "means any activity that may affect the safety of marine safety infrastructure operations or vessel operations in respect of a vessel, including—
(a) navigating, conducting or controlling the movement of a vessel;
(b) facilitating the navigation, conduct or control of the movement of a vessel;
(c) implementing and maintaining safe working systems for—
(i) marine safety infrastructure operations; or
(ii) vessel operations;
(d) installing, designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing marine safety infrastructure;
(e) any work involving certification as to the safety of marine safety infrastructure or any part of marine safety infrastructure;
(f) any work involving the development, management or monitoring of safe working systems for marine safety infrastructure operations;
(g) any work connected to the removal of hazards, obstructions or dangers to the safety of—
(i) marine safety infrastructure operations; or
(ii) vessel operations;
(h) directing (including through the use of signals and signs and radio or other electronic communications) the movement of vessels in port waters;
(i) any other work that is prescribed as marine safety work;
S. 3(1) def. of marine safety worker substituted by No. 35/2019 s. 11.
"marine safety worker"—
(a) means a person who has carried out, is carrying out or is about to carry out marine safety work; and
(b) does not include a volunteer;
"marine search and rescue vessel" means a vessel prescribed as a marine search and rescue vessel;
"master", in relation to a vessel, means a person having command or charge of the vessel;
S. 3(1) def. of member of the police force repealed by No. 37/2014 s. 10(Sch. item 107.1(b)).
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S. 3(1) def. of National Standard for Commercial Vessels repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of National Standard for the Adminis-tration of Marine Safety repealed by No. 36/2013 s. 24(1).
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"navigation aid" means a device used for navigation, and includes a beacon, buoy, marine mark, light house and light ship, but does not include a device on board a vessel;
officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;
S. 3(1) def. of operate amended by No. 55/2017 s. 4(b).
"operate", except in section 87, means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) that is not—
(a) at anchor; or
(b) made fast to the shore; or
(c) aground; or
(d) ashore;
"owner", in relation to a vessel, includes a person having a beneficial interest in the vessel, a demise or sub-demise charterer of the vessel and any person having exclusive possession of the vessel;
S. 3(1) def. of permission substituted by No. 78/2011 s. 3(2)(a), amended by No. 36/2013 s. 24(8).
"permission" means any of the following—
(a) a marine licence;
(b) an endorsement on a marine licence;
(c) a harbour master licence;
(d) a pilot licence;
(e) a pilot exemption;
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(j) a local knowledge certificate;
(k) registration as a pilotage services provider under Chapter 7;
(l) registration of a vessel;
(m) an accreditation;
"personal watercraft" means any recreational vessel that is of a kind that is required by or under this Act to be registered and that—
(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
(d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel;
"pilot "means a person who does not belong to, but has the conduct of, a vessel;
"pilot exemption" means an exemption granted under section 254;
"pilot exempt master" means a master of a vessel who is the holder of a pilot exemption;
"pilot licence" means a licence granted under section 252;
"pilot required waters" means those parts of State waters to which a declaration under section 250 applies;
"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);
"pilotage services provider" means a person registered under section 241 to provide pilotage services;
S. 3(1) def. of polic e officer inserted by No. 37/2014 s. 10(Sch. item 107.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"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 management body amended by Nos 38/2011 s. 39(2)(3), 10/2016 s. 158(b), 10/2016 s. 179(Sch. 1 item 4.1(b)), 19/2022 s. 73(a).
"port management body" means—
(a) in relation to the port of Melbourne, Ports Victoria when it is performing functions and exercising powers in the port of Melbourne;
(b) in relation to—
(i) the waters declared under section 5 of the Port Management Act 1995 to be the port of Geelong, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;
(ii) the waters declared under section 5 of the Port Management Act 1995 to be the port of Portland, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;
(iii) port of Hastings waters, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;
S. 3(1) def. of port of Hastings inserted by No. 38/2011 s. 39(1).
"port of Hastings" has the same meaning as in the Port Management Act 1995 ;
S. 3(1) def. of port of Hastings waters inserted by No. 38/2011 s. 39(1).
"port of Hastings waters" has the same meaning as in the Port Management Act 1995 ;
"port of Melbourne" has the same meaning as in the Port Management Act 1995 ;
S. 3(1) def. of Port of Melbourne Corporation repealed by No. 10/2016 s. 179(Sch. 1 item 4.1(c)).
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S. 3(1) def. of port of Melbourne operator inserted by No. 10/2016 s. 158(a).
"port of Melbourne operator" has the same meaning as in the Port Management Act 1995 ;
"port of Melbourne waters" has the same meaning as in the Port Management Act 1995 ;
"port waters" has the same meaning as in the Port Management Act 1995 ;
S. 3(1) def. of Ports Victoria inserted by No. 19/2022 s. 73(c).
"Ports Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of recreational hire and drive vessel inserted by No. 36/2013 s. 24(4).
recreational hire and drive vessel has the meaning given by section 4A;
S. 3(1) def. of recreational vessel substituted by No. 36/2013 s. 24(9).
recreational vessel has the meaning given by section 4B;
S. 3(1) def. of registered person amended by Nos 36/2013 s. 24(10), 34/2023 s. 127(Sch. 1 item 7.1(b)).
"registered person", in relation to—
(a) a recreational vessel, means each of the following—
(i) the person in whose name the vessel is registered or the person recorded on a register of vessels maintained under a corresponding law as the person responsible for the vessel;
(ii) if Safe Transport Victoria, or a corresponding authority under a corresponding law, has received notice of transfer of registration of the vessel, the person whose name is disclosed in the records kept by Safe Transport Victoria or the corresponding authority (as the case requires) as being responsible for the vessel;
(iii) if the vessel displays a special identification plate issued by Safe Transport Victoria or by a corresponding authority under a corresponding law, the person to whom the plate is assigned;
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"registered recreational vessel" means a recreational vessel that is of a kind which is required by or under Part 3.1 to be registered;
S. 3(1) def. of regulated Australian vessel inserted by No. 36/2013 s. 24(4).
"regulated Australian vessel "has the same meaning as in section 15 of the Commonwealth Navigation Act;
S. 3(1) def. of regulated hire and drive vessel amended by No. 36/2013 s. 24(11).
"regulated hire and drive vessel" means—
(a) a recreational 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 recreational hire and drive vessel specified by the regulations for the purposes of this paragraph;
"relevant marine safety law" means—
(a) a provision of this Act or of any regulations made under this Act;
(b) a provision of the Port Management Act 1995 or any regulations made under that Act;
(c) section 37 of the Pollution of Waters by Oil and Noxious Substances Act 1986 or any regulations made under that Act for the purposes of that section;
(d) a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 and any regulations made under that Act;
S. 3(1) def. of reportable incident amended by No. 36/2013 s. 24(12).
"reportable incident" means an event referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (i) or (j)(ii), (j)(iii) or (k) of the definition of "marine incident";
"restricted marine licence "means a licence granted under section 54;
S. 3(1) def. of safe construction certificate amended by No. 78/2011 s. 3(1)(d), repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of safe operation certificate amended by No. 78/2011 s. 3(1)(e), repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 7.1(c)).
"Safe Transport Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of Safety Director repealed by No. 34/2023 s. 127(Sch. 1 item 7.1(d)).
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"State waters" means—
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State;
"supply" includes—
(a) in relation to goods—supply and resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent;
(b) in relation to services—provide, grant or confer, whether as principal or agent;
S. 3(1) def. of trading vessel repealed by No. 36/2013 s. 24(1).
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S. 3(1) def. of transport safety officer substituted by No. 27/2014 s. 135.
"transport safety officer" has the same meaning as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014 ;
S. 3(1) def. of Uniform Shipping Laws Code repealed by No. 36/2013 s. 24(1).
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"unmanaged waterways" means the parts of State waters—
(a) in respect of which there is no person or body declared to be the waterway manager under section 6; or
(b) that are not part of a local port; or
(c) that are not part of the waters of the port of Melbourne, port of Geelong, port of Hastings or port of Portland;
unsafe vessel has the meaning given by section 5;
S. 3(1) def. of vessel amended by Nos 78/2011 s. 3(2)(b), 36/2013 s. 24(13).
"vessel" means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—
(a) a barge, lighter, floating restaurant or other floating vessel; and
(b) an air-cushion vehicle, or other similar craft, that is used in navigation by water; and
(c) any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne; and
(d) a life boat; and
(e) a thing being towed by a vessel; and
(ea) a thing prescribed to be a vessel; and
(f) an off-shore industry mobile unit within the meaning of the Commonwealth Navigation Act—
but does not include a facility within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 ;
"vessel design and supply activities" means designing, commissioning, constructing, manufacturing, maintaining, repairing or modifying a vessel;
"vessel operations" means—
(a) operating a vessel; or
(b) actions of a pilot when the pilot has conduct of a vessel, including the navigation of the vessel;
S. 3(1) def. of Victorian Ports Corporation (Melbourne) inserted by No. 10/2016 s. 179(Sch. 1 item 4.1(a)), repealed by No. 19/2022 s. 73(b).
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S. 3(1) def. of Victorian Regional Channels Authority repealed by No. 19/2022 s. 73(b).
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"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);
"waterway manager "means a person or body that has been declared under section 6 to be a waterway manager;
"waterway rules" means rules made under Part 5.1.
(2) A reference to an engine in this Act or the regulations does not include a reference to a sail, paddle, oar, pedal or any other means of propelling a vessel that relies solely on the wind or physical human activity as a power source.
(3) Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act.