Victorian Consolidated Regulations

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MARINE SAFETY REGULATIONS 2023 


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Objective  
   2.      Authorising provisions  
   3.      Commencement  
   4.      Revocations  
   5.      Definitions  
   6.      Construction of references  
   7.      Safety Director may declare hazardous areas for the purposes of these Regulations  
   8.       Specified regulated hire and drive vessels  
   9.      Exemptions  

   PART 2--REGISTRATION OF VESSELS

           Division 1--Registration of vessels

   10.     Exemptions from registration  
   11.     Application for registration of a vessel  
   12.     Period of registration  
   13.     Notice of renewal of registration of a vessel  
   14.     Renewal of registration of a vessel  
   15.     Notification of changes to details of vessels  
   16.     Notification of change of name or address  

           Division 2--Transfer of registration

   17.     Transfer of registration of a vessel—obligations of person disposing of vessel  
   18.     Transfer of registration of a vessel—obligations of person acquiring vessel  
   19.     Recording of transfer of registration  
   20.     Mandatory refusal to record transfer  
   21.     Discretionary refusal to record transfer  
   22.     Discretionary recording of transfer  
   23.     Notice of refusal to record transfer  

           Division 3--Registration labels and identification marks

   24.     Registration label and identification mark  

           Division 4--Special identification plates

   25.     Special identification plates  
   26.     Conditions of use of special identification plates  

           Division 5--Prescribed conditions of registration

   27.     Prescribed condition of registration of recreational vessels  

           Division 6--Register of registered recreational vessels

   28.     Prescribed information for register of registered recreational vessels  

   PART 3--MARINE LICENCES AND ENDORSEMENTS

           Division 1--Marine licences and endorsements

   29.     Exemptions from requirement to hold a marine licence  
   30.     Eligibility to apply for a marine licence  
   31.     Licence endorsement required to be the master of a prescribed type of registered recreational vessel  
   32.     Licence endorsement required to be the master of a prescribed type of vessel  
   33.     Application for a marine licence or marine licence endorsement  
   34.     Refusal to grant marine licence or marine licence endorsement  
   35.     Marine licence period  
   36.     Marine licence expiry date  
   37.     Notice of renewal of marine licence  
   38.     Renewal of marine licence  
   39.     Refusal to renew  
   40.     Date of expiry of renewed marine licence  
   41.     Recognition of licences, certificates or authorities  
   42.     Tests of health or competence  

           Division 2--Conditions of marine licences

   43.     Prescribed condition of a marine licence  
   44.     Prescribed conditions of a restricted marine licence  
   45.     Variation of conditions of a marine licence  

           Division 3--Marine licence document

   46.     Marine licence receipt  
   47.     Form of marine licence document  
   48.     Issue of replacement marine licence document  
   49.     Endorsements specified on marine licence document  
   50.     Conditions specified on marine licence document  

           Division 4--Miscellaneous

   51.     Records  
   52.     Change of name or address  
   53.     Notification of illness or injury  
   54.     Licence holder may surrender marine licence  

   PART 4--OPERATION OF VESSELS (GENERAL)

           Division 1--Safe operation of vessels

   55.     Notice and reasons to be given for direction to prohibit operation of particular vessel  

           Division 2--Operation of recreational vessels and recreational hire and drive vessels

   56.     Fuelling and restarting of recreational vessel or recreational hire and drive vessel  
   57.     Overloaded recreational vessel or recreational hire and drive vessel not to be operated  
   59.     Use of recreational hire and drive vessel  
   60.     Observer to be used when towing  

           Division 3--Equipment required for recreational vessels

   61.     Safety equipment required for recreational vessels  
   62.     Firefighting equipment required for recreational vessels  
   63.     Placement of firefighting equipment required for recreational vessels  
   64.     Maintenance and placement of safety equipment and firefighting equipment  

           Division 4--Lifejacket requirements

   65.     Definition  
   66.     Lifejacket to be worn on certain recreational vessels and hire and drive vessels at all times by person on open area  
   67.     Lifejacket to be worn on certain recreational vessels and hire and drive vessels during time of heightened risk  
   68.     Children less than 12 years old to wear lifejacket at all times  
   69.     Person being towed by vessel to wear lifejacket  
   70.     Person not to operate recreational vessel or hire and drive vessel unless each person wears a lifejacket  

           Division 5--International regulations for preventing collisions at sea

   71.     Definitions  
   72.     Application  
   73.     Offence for master of a domestic commercial vessel to contravene Prevention of Collisions Convention  
   74.     Application  
   75.     Offence for master of a recreational vessel or regulated hire and drive vessel to contravene Prevention of Collisions Convention  
   76.     Navigation lights to be displayed  
   77.     Conduct of vessels in channels or fairways  
   78.     Master of power-driven vessel underway must give way to certain vessels  
   79.     Master of sailing vessel underway must give way to certain vessels  

   PART 5--ENFORCEMENT

           Division 1--Impoundment, immobilisation and forfeiture of recreational vessels

   80.     Notice to master, owner or registered person  
   81.     Evidence of identity and entitlement to recover recreational vessel  
   82.     Form of search and seizure warrant  
   83.     Form of report on execution of warrant  

           Division 2--Owner onus offences

   84.     Prescribed period for providing an effective statement  
   85.     Prescribed period for accepting or rejecting statements  
   86.     Prescribed period for providing a nomination rejection statement  

           Division 3--Evidentiary matters

   87.     Prescribed measuring devices  
   88.     Testing officer  
   89.     Testing of prescribed measuring devices  
   90.     Sealing of prescribed measuring devices  
   91.     Use of prescribed measuring device  
   92.     Certificate as to matter extracted from the Safety Director's records  
   93.     Certificate as to name in which vessel is registered  
   94.     Certificate as to testing and sealing of prescribed speed measuring devices  

   PART 6--MANAGEMENT OF WATERWAYS

   95.     Prescribed place for publication of an urgent safety rule  
   96.      Directions relating to boating activity exemptions, exclusion zones and works  

   PART 7--PILOTAGE SERVICES PROVIDERS

   97.     Conditions on registration as a pilotage services provider  
   98.     Prescribed records to be kept by pilotage services providers  

   PART 8--PRESCRIBED SERVICES THAT MAY BE PROVIDED BY ACCREDITED PERSONS

   99.     Prescribed services  

   PART 9--AUSTRALIAN BUILDERS PLATE STANDARD

   100.    Definitions  
   101.    Prescribed class of recreational vessel  

   PART 10--MISCELLANEOUS

   102.    Prescribed place for the availability of an approved code of practice  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 6
           SCHEDULE 8
           SCHEDULE 9
           ENDNOTES

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