Victorian Current Acts Victorian Current Acts(1) A harbour master engaged for the waters of a relevant port, or any other person exercising the functions of a harbour master in relation to the waters of a relevant port, is not personally liable for anything done or omitted to be done in good faith—
S. 91(1)(a) amended by No. 65/2010 s. 419(5).
(a) in the exercise of a power or the performance of a function under or in connection with Chapter 6 of the Marine Safety Act 2010 or a direction in regulations made under that Act; or
S. 91(1)(b) amended by No. 65/2010 s. 419(5).
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with Chapter 6 of the Marine Safety Act 2010 or a direction in regulations made under that Act.
(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a harbour master or person exercising the functions of harbour master, attaches instead to the person or body by which the harbour master or person exercising the functions of a harbour master is engaged.
(3) In this section "waters of a relevant port" means—
(a) the port of Melbourne waters; or
(b) the waters declared under section 5 to be the waters of the port of Geelong; or
(c) the waters declared under section 5 to be the waters of the port of Portland; or
S. 91(3)(d) substituted by No. 45/2010 s. 39.
(d) the port of Hastings waters.
Pt 6 Div. 2 (Heading and s. 91AA) inserted by No. 19/2022 s. 60.
Division 2—Ports Victoria may request conditions on harbour master licences
S. 91AA inserted by No. 19/2022 s. 60.