Victorian Numbered Acts

MARINE (DOMESTIC COMMERCIAL VESSEL NATIONAL LAW APPLICATION) ACT 2013 (NO. 36 OF 2013)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   PART 2--THE APPLIED PROVISIONS

   4.      Application of Commonwealth laws as laws of Victoria  
   5.      Interpretation of Commonwealth domestic commercial vessel national law  

   PART 3--FUNCTIONS AND POWERS UNDER APPLIED PROVISIONS

   6.      Functions and powers of National Regulator and other authorities and officers  
   7.      Delegations by the National Regulator  

   PART 4--OFFENCES

   8.      Object of this Part  
   9.      Application of Commonwealth criminal laws to offences against applied provisions  
   10.     Functions and powers conferred on Commonwealth officers and authorities relating to offences  
   11.     No double jeopardy for offences against applied provisions  

   PART 5--ADMINISTRATIVE LAWS

   12.     Application of Commonwealth administrative laws to applied provisions  
   13.     Functions and powers conferred on Commonwealth officers and authorities  

   PART 6--FEES AND FINES

   14.     Fees payable to officers or employees of Victoria acting as delegates  
   15.     Infringement notice fines  
   16.     Fines, fees etc not otherwise payable to Victoria  

   PART 7--APPLICATION OF CHARTER ACT

   17.     Charter of Human Rights and Responsibilities Act 2006  

   PART 8--MISCELLANEOUS

   18.     Things done for multiple purposes  
   19.     Reference in Commonwealth law to a provision of another law  
   20.     Authority to accept delegation of functions  
   21.     Victorian regulations  

   PART 9--TRANSITIONAL PROVISIONS

   22.     Regulations dealing with transitional matters  

   PART 10--AMENDMENT OF MARINE SAFETY ACT 2010

           Division 1--Preliminary

   23.     Purpose  
   24.     Definitions  
   25.     New sections 4A and 4B inserted  
   26.     Declaration of recreational vessels  
   27.     Repeal of section 8—declarations relating to recreational use of commercially operated vessels  
   28.     New section 9 substituted  
   29.     Principle of shared responsibility  

           Division 2--Marine safety duties

   30.     Heading to Part 2.2  
   31.     Repeal of section 25—safety duties of owners of commercially operated vessels  
   32.     Safety duties in relation to design, manufacture and supply of vessels  
   33.     Safety duties in relation to design, manufacture and supply of marine safety equipment  
   34.     New section 29 substituted  
   35.     Duties of marine safety workers  
   36.     Heading to Part 2.5  
   37.     Masters of recreational vessels or hire and drive vessels must take reasonable care  
   38.     Persons participating in the operation of a recreational vessel must take reasonable care  
   39.     Passengers on board vessels must take reasonable care  

           Division 3--Operation of vessels

   40.     Purposes of registration  
   41.     Offence if vessel not registered  
   42.     Vessel may be registered in one name only  
   43.     Effecting registration, renewal or transfer  
   44.     Safety Director may impose registration conditions  
   45.     Prescribed conditions on registration  
   46.     Register of registered vessels  
   47.     Safety Director may cancel or suspend registration of a vessel  
   48.     Cancellation of registration by court  
   49.     Heading to Part 3.2  
   50.     Repeal of Part 3.3—certification of commercial vessels and operation  
   51.     Heading to Part 3.4  
   52.     Repeal of Division 1 of Part 3.4—certificates of competency  

           Division 1--of Part 3.4 of the Marine Safety Act 2010 is repealed.

   53.     Offence to navigate vessel without local knowledge certificate in waters requiring certificate  
   54.     Application for local knowledge certificates  
   55.     Repeal of section 86—offences relating to load lines  
   56.     Dangerous operation of a recreational vessel, government vessel or hire and drive vessel  
   57.     Assistance to people in distress  
   58.     Reporting requirements in relation to reportable incidents  
   59.     Reporting of reportable incidents to Safety Director  
   60.     New section 95 substituted  
   61.     Regulations giving effect to Prevention of Collisions Convention  
   62.     Regulations giving effect to Safety Convention  
   63.     Regulations under this Division  
   64.     Authority of Governor in Council to make regulations in relation to powers under Conventions  

           Division 4--Enforcement

   65.     Police power to prohibit operation of vessels  
   66.     When Safety Director may take disciplinary action against person holding a permission  
   67.     Adverse publicity order  
   68.     Purpose of Part  
   69.     Owner onus offences  

           Division 5--General

   70.     Functions of the Safety Director—section 258  
   71.     Safety Director must consult when developing or reviewing Marine Enforcement Policy  
   72.     Repeal of section 295—evidentiary provision  
   73.     Repeal of section 300—Nationally Agreed Standards  
   74.     Disclosure of information  
   75.     General regulation-making powers  

           Division 6--Transitional

   76.     New Part 9.3 inserted  

           Division 7--Amendments to Schedules

   77.     Amendments to Schedule 1—particular powers of the Safety Director  
   78.     Amendments to Schedule 2—subject matter for regulations  

           Division 8--Statute law revision and repeal of Part

   79.     Power to prohibit operation of particular vessel  
   80.     Repeal of Part  

   PART 11--AMENDMENT OF OTHER ACTS

           Division 1--Environment Protection Act 1970

   81.     Service of notices  

           Division 2--Amendment of Federal Courts (State Jurisdiction) Act 1999

   82.     Definition of relevant State Act  

           Division 3--Amendment of Interpretation of Legislation Act 1984

   83.     References to Marine Safety (Domestic Commercial Vessel) National Law  

           Division 4--Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988

   84.     Definitions  
   85.     New section 6 substituted  
   86.     Provisions about cancellation and disqualification  
   87.     New section 28AB inserted  
   88.     Immediate suspension of marine licence or certificate of competency in certain circumstances  

           Division 5--Amendment of Transport (Compliance and Miscellaneous) Act 1983

   89.     Appointment  
   90.     General marine related inspection, inquiry and search powers  
   91.     Person in charge must stop and provide licence or certificates when directed  

           Division 6--Amendment of Transport Integration Act 2010

   92.     Definitions  
   93.     Director, Transport Safety  
   94.     Object of Director, Transport Safety  
   95.     Functions of Director, Transport Safety  
   96.     Information disclosure by Director, Transport Safety  
   97.     Delegation by Director, Transport Safety  
   98.     New section 178A inserted  

           Division 7--Repeal of Part

   99.     Repeal of Part  
           SCHEDULE
           ENDNOTES