MARINE SAFETY ACT 2010 (NO. 65 OF 2010)

Victorian Numbered Acts

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MARINE SAFETY ACT 2010 (NO. 65 OF 2010)

TABLE OF PROVISIONS

PART 1.1--PURPOSE AND COMMENCEMENT

1. Purpose
2. Commencement

PART 1.2--INTERPRETATION

3. Definitions
4. Meaning of close quarters situation
5. Meaning of unsafe vessel
6. Declaration of waterway managers
7. Declaration of vessels
8. Declarations that certain commercially operated vessels are unsuitable for recreational use

PART 1.3--APPLICATION

9. Act only applies to certain types of voyages
10. Act does not apply to defence force vessels
11. Interaction with the Occupational Health and Safety Act 2004
12. Transport Integration Act 2010
13. Crown to be bound

PART 1.4--OBJECTS AND PRINCIPLES

Division 1--Objects

14. Objects

Division 2--Principles of marine safety

15. Principle of shared responsibility
16. Principle of accountability for managing safety risks
17. Principle of integrated risk management
18. Principle of enforcement
19. Principle of transparency
20. Principle of participation, consultation and involvement of all affected persons
21. Principle of equity of use of Victorian waterways

Division 3--Other matters

22. Effect of objects and marine safety principles

PART 2.1--THE CONCEPT OF ENSURING SAFETY

23. The concept of ensuring safety

PART 2.2--SAFETY DUTIES OF PORT MANAGEMENT BODIES AND OWNERS OF COMMERCIALLY OPERATED VESSELS

24. Duties of port management bodies to ensure safety of marine safety infrastructure operations
25. Duty of owners of commercially operated vessels to ensure safety of vessels, marine safety equipment and operations

PART 2.3--SAFETY DUTIES OF MARINE DESIGNERS, MANUFACTURERS AND SUPPLIERS AND MARINE CONTRACTORS

26. Safety duties in relation to design, manufacture and supply of vessels
27. Safety duties in relation to design, manufacture and supply of marine safety equipment
28. Duties of suppliers of marine safety infrastructure operations to port management bodies
29. Duties of suppliers of vessel operations to owners of commercial vessels

PART 2.4--MARINE SAFETY WORKER DUTIES

30. Duties of marine safety workers

PART 2.5--SAFETY DUTIES RELATING TO RECREATIONAL VESSEL OPERATIONS

31. Masters of recreational vessels must take reasonable care
32. Persons participating in the operation of a recreational vessel must take reasonable care

PART 2.6--SAFETY DUTIES OF PASSENGERS ON VESSELS

33. Passengers on board vessels must take reasonable care

PART 2.7--OTHER MATTERS

34. Single charge for multiple contraventions of certain duties
35. Civil liability not affected by Parts 2.2 to 2.6

PART 3.1--REGISTRATION OF RECREATIONAL VESSELS

36. Purposes of registration
37. Offence if vessel not registered
38. Vessel may be registered in one name only
39. Effecting registration, renewal or transfer
40. Safety Director may impose registration conditions
41. Prescribed conditions on registration
42. Register of registered vessels
43. Safety Director may cancel or suspend registration of a vessel
44. Cancellation of registration by court

PART 3.2--LICENSING OF MASTERS OF RECREATIONAL VESSELS

Division 1--Purposes

45. Purposes of licensing

Division 2--Offences for unlicensed master of certain classes of registered recreational vessels

46. Offence to be a master of registered recreational vessel without a marine licence or in breach of conditions of marine licence
47. Offence to be a master of prescribed type of registered recreational vessel without licence endorsement
48. Offence to be the master of a registered recreational vessel undertaking prescribed activity without licence endorsement
49. Offence to be the master of a regulated hire and drive vessel without a marine licence or in breach of conditions of marine licence
50. Offence to be the master of a prescribed type of regulated hire and drive vessel without licence endorsement
51. Offence to be the master of a regulated hire and drive vessel undertaking prescribed activity without licence endorsement
52. Offence to allow a non-licensed person to be the master of a registered recreational vessel

Division 3--General licensing provisions

53. General marine licence
54. Restricted marine licence
55. Licence endorsement
56. Safety Director may require a person to undergo testing

Division 4--Exemptions from requirement to hold marine licence

57. Exemptions applying to licences issued outside Victoria
58. Exemption from licensing requirements for masters of non-engined vessels

Division 5--Other licensing offences

59. Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate
60. Offence to be master of a registered recreational vessel while disqualified etc.
61. Offence not to have marine licence in person's possession

PART 3.3--CERTIFICATION OF COMMERCIAL VESSELS AND OPERATION

Division 1--Safe construction certificates

62. Offence to operate or cause or allow a commercially operated vessel to be operated without a safe construction certificate
63. Offence to breach conditions of safe construction certificate
64. Application for safe construction certificate
65. Issue of safe construction certificate by the Safety Director
66. Renewal of safe construction certificate

Division 2--Safe operation certificates

67. Offence to operate or cause or allow a commercially operated vessel to be operated without a safe operation certificate
68. Offence to breach conditions of safe operation certificate
69. Application for a safe operation certificate
70. Issue of safe operation certificate by the Safety Director
71. Renewal of safe operation certificate
72. Some commercial vessels or hire and drive vessels may be used recreationally

PART 3.4--CERTIFICATES OF COMPETENCY AND LOCAL KNOWLEDGE CERTIFICATES

Division 1--Certificates of competency

73. Offence to allow operation of a commercial vessel by persons in breach of crewing and certification requirements
74. Offence to operate vessel without appropriate certificate of competency
75. Offence not to comply with conditions of certificate of competency
76. Owner must not direct, cause or allow person to operate vessel in breach of certificate condition
77. Application for, and renewal of, certificate of competency
78. Issue and renewal of certificates of competency by the Safety Director
79. Application to vary conditions of certificate of competency

Division 2--Local knowledge certificates

80. Offence to navigate vessel without local knowledge certificate in waters requiring certificate
81. Declaration in relation to waters requiring local knowledge certificates for navigation in those waters
82. Application for local knowledge certificates
83. Issue of local knowledge certificate
84. Renewal of local knowledge certificate

PART 3.5--VESSEL OPERATIONAL REQUIREMENTS

Division 1--Unsafe vessels

85. Detention of unsafe vessels
86. Offences in relation to load lines

Division 2--Dangerous operation and acts

87. Dangerous operation of a recreational vessel, government vessel or hire and drive vessel
88. Acts tending to endanger vessel or crew

Division 3--Other operational requirements

89. Tampering with a vessel
90. Distress signals
91. Assistance to people in distress
92. Offence to fail to comply with direction of Safety Director regarding removal of vessel

Division 4--Reporting of incidents

93. Reporting requirements in relation to reportable incidents
94. Reporting of reportable incidents to Safety Director

Division 5--Compliance with International Conventions
Subdivision

1--Interpretation
95. Definitions
Subdivision
2--Prevention of Collisions Convention
96. Regulations giving effect to Prevention of Collisions Convention

Subdivision 3--Safety
Convention

97. Regulations giving effect to Safety Convention
Subdivision
4--General
98. Regulations under this Division
99. Authority of Governor in Council to make regulations in relation to powers under Conventions
100. Safety Director may allow other fitting, material etc.

PART 3.6--MISCELLANEOUS MATTERS

101. Person not to be found guilty as owner and master in respect of same circumstances
102. Offence to supply vessel which does not comply with Australian Builders Plate Standard

PART 4.1--INTERPRETATION

103. Definitions

PART 4.2--IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF RECREATIONAL VESSELS

Division 1--Part does not affect other penalties

104. Part does not affect other penalties

Division 2--Impoundment and immobilisation of recreational vessels

105. Powers of police
106. Seizure of recreational vessel
107. Surrender of recreational vessel
108. Impoundment or immobilisation of a recreational vessel
109. Authorised persons
110. Notice to master, owner or registered person
111. Content of notice
112. Review by a senior police officer
113. Release of recreational vessel by Victoria Police
114. Appeal rights
115. Offences
116. Recovery of recreational vessel
117. Crown to pay costs if master found not guilty or charges not proceeded with

Division 3--Impoundment, immobilisation or forfeiture of recreational vessels by court order

118. Impoundment or immobilisation order
119. Forfeiture order
120. Application for an impoundment or immobilisation order or a forfeiture order
121. Notice of application
122. Interest in recreational vessel not to be transferred
123. Notice in case of 2 or more charges
124. Direction not to transfer registration or register recreational vessel
125. Safety Director not to transfer registration or register recreational vessel
126. Cessation of direction under this Act does not affect any suspension
127. Hearing of application
128. Application for variation of order
129. When order takes effect
130. Police powers
131. Liability for costs of impoundment or immobilisation
132. Ownership rights
133. Third party protection from forfeiture order

Division 4--Search and seizure warrants

134. Application for search and seizure warrant
135. Search and seizure warrant
136. Record of proceedings for search and seizure warrant
137. Announcement before entry
138. Copy of search and seizure warrant to be given to occupier
139. Use of assistants to execute search and seizure warrant
140. Application of Magistrates' Court Act 1989
141. Expiry of search and seizure warrant
142. Report on execution of search and seizure warrant
143. Obstruction or hindrance of person executing search and seizure warrant

Division 5--Disposal of recreational vessels

144. Sale or disposal of uncollected recreational vessels and items
145. Sale or disposal of recreational vessel subject to forfeiture order
146. Application of proceeds of sale
147. Disposal of recreational vessel, item or thing subject to disposal order
148. Notice to be given of intention to apply for disposal order
149. Application for disposal order
150. Hearing of application for and making of disposal order
151. Application of proceeds of sale

Division 6--Miscellaneous

152. Service of notices under this Part

PART 4.3--PROHIBITION OF USE OF RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS

Division 1--Part does not affect other penalties

153. Part does not affect other penalties

Division 2--Embargo notices and prohibition directions

154. Power to issue embargo notices
155. Police power to prohibit operation of vessels

PART 4.4--MARINE INFRINGEMENTS

156. Infringement notices
157. Person may be required to state name and address
158. Payment of penalty

PART 4.5--GENERAL ENFORCEMENT POWERS

159. Powers of entry in relation to lights
160. Arrest without warrant
161. Police power to move vessel or require vessel to be moved
162. Master of a vessel must obey directions etc.

PART 4.6--DISCIPLINARY ACTION

Division 1--Interpretation

163. Definitions

Division 2--Disciplinary action by Safety Director

164. When Safety Director must take disciplinary action against a person holding a permission
165. When Safety Director may take disciplinary action against person holding a permission
166. Disciplinary actions that may be taken by Safety Director against a person holding a permission
167. Procedure for taking disciplinary action against a person holding a permission
168. Suspension of permission
169. Effect of suspension of permission
170. Return of permission record

Division 3--Court based sanctions

171. Power of court to cancel or suspend marine licences
172. Effect of suspension of licence
173. Adverse publicity order

PART 4.7--OWNER ONUS

174. Purpose of Part
175. Definitions
176. Owner onus offences
177. Effect of payment of penalty etc.
178. Use of effective statement to avoid liability
179. Cancellation of acceptance of statement
180. Proceedings against nominated persons
181. Defences to owner onus offences
182. Offence to provide false or misleading information

PART 5.1--WATERWAY RULES

Division 1--Interpretation

183. Definitions

Division 2--The Safety Director's power to make waterway rules

184. Making of waterway rules
185. Safety Director may make a rule that is consequential to a rule request
186. Waterway rules to be made on request or on initiative of Safety Director
187. Matters that must be considered in making a rule
188. Reasons must be given for making or not making a rule
189. Operation and commencement of a waterway rule
190. Rules to be published on Safety Director's Internet site
191. Safety Director must assess appropriateness of urgent safety rule
192. Consultation for the purpose of assessing appropriateness of urgent safety rule

Division 3--Procedure in relation to request for making of waterway rules

193. Initial consideration and advice by Safety Director in relation to certain requests
194. Requests for waterway rules
195. Consultation by Safety Director on proposed rules
196. Port management bodies, local port managers and waterway manager must consult before requesting rule

Division 4--Compliance with waterway rules

197. Offence not to comply with waterway rules
198. Offences of waterway rule contraventions relating to vessel operation are owner onus offences

PART 5.2--STANDARDS FOR NAVIGATION AIDS AND DREDGING

199. Determination of the standards for navigation aids and dredging and maintenance of channels
200. Consultation required before making a determination
201. Matters that must be considered in making a determination
202. Offence to fail to comply with standard determined under this Part

PART 5.3--BOATING ACTIVITY EXEMPTIONS AND EXCLUSION ZONES

Division 1--Boating activity exemptions

203. Declarations to exempt boating activity on certain waters from Act or regulations
204. Safety Director to be given copy of declaration application and proposed declaration
205. Effect of a declaration
206. Exemption from compliance with Act, regulations or Port Management Act 1995
207. Compliance with declarations that modify or provide for other requirements to apply

Division 2--Activity exclusion zones

208. Activity exclusion zones
209. Safety Director to be given proposed notice creating activity exclusion zone
210. Compliance with activity exclusion zones

PART 5.4--REGULATION OF OTHER ACTIVITIES ON CERTAIN WATERS

211. Control of navigation etc. in the vicinity of works carried out on, over or under waters
212. Safety Director to be given proposed notice relating to regulation of waters around works
213. Compliance with a direction of applicable regulatory entity
214. Compliance with notice
215. Emergency directions

PART 5.5--WATERWAY MANAGEMENT

216. Functions and powers of waterway managers
217. Delegation powers of waterway managers
218. Indemnity for waterway managers
219. Safety Director may develop code of practice for waterway management

PART 6.1--REQUIREMENTS FOR ENGAGEMENT OF LICENSED HARBOUR MASTERS

220. Certain entities must engage harbour masters
221. Identity cards

PART 6.2--LICENSING OF HARBOUR MASTERS

222. Person must not act as a harbour master without harbour master licence
223. Application for harbour master licence
224. Grant of harbour master licence
225. Application by harbour master for variation of conditions of harbour master licence
226. Variation of condition of harbour master licence by Safety Director following application
227. Imposition or variation of condition of a harbour master licence by Safety Director
228. Requirement as to notification of licence condition

PART 6.3--ASSISTANT HARBOUR MASTERS

229. Authorisation to act as assistant harbour master

PART 6.4--FUNCTIONS AND POWERS OF HARBOUR MASTERS

230. Functions of harbour masters
231. Powers of harbour masters
232. Power of harbour masters to give written and oral directions
233. Specific provisions as to directions relating to the entry and removal of vessels
234. General provisions relating to harbour master directions
235. Amendment and revocation of directions
236. Harbour master may carry out direction
237. Offence to fail to comply with direction or obstruct, harbour master

PART 6.5--OTHER MATTERS

238. Protection from liability

PART 7.1--PROVISION OF PILOTAGE SERVICES

239. Offence to provide pilotage services without registration
240. Application for registration as a pilotage services provider
241. Registration as a pilotage service provider
242. Duration of registration
243. Certificates of registration
244. Register of pilotage service providers
245. Requirement to notify the Safety Director of changes to registration information
246. Records to be kept
247. Offence to fail to comply with safety standards

PART 7.2--PILOTS

Division 1--General requirement to use pilots

248. Offence not to use a pilot
249. Offence to act as a pilot without a pilot licence or pilot exemption

Division 2--Declaration of pilot required waters

250. Declaration

Division 3--Pilot licences

251. Application for pilot licence
252. Grant of pilot licence

Division 4--Pilot exemptions

253. Application for pilot exemption
254. Grant of pilot exemption
255. Effect of pilot exemption
256. Renewal of pilot exemption

PART 7.3--MISCELLANEOUS MATTERS

257. Liability of pilots and pilotage service providers

PART 8.1--ADMINISTRATION OF ACT

Division 1--The Safety Director

258. Functions of the Safety Director
259. Powers of the Safety Director
260. Exemptions
261. Provision or maintenance of navigation aids by Safety Director
262. Safety Director may cause vessel to be boarded, moved, secured or operated in certain cases
263. Recovery of costs
264. Inquiries into marine safety matters
265. Extension of suspension pending inquiry
266. Accountability for damage
267. Order to remove obstructions in navigable waters
268. Safety Director may remove obstructions to navigation
269. Power to prohibit operation of particular vessel

Division 2--Functions and powers of other entities

270. Chief Commissioner of Police may disclose reportable incidents to Safety Director
271. Acquisition of land

PART 8.2--CODES OF PRACTICE

272. Codes of practice—safety duties
273. Revisions to approved codes of practice
274. Revocation of approvals of codes of practice
275. Availability of approved codes of practice
276. Minister may consult before approving code of practice or revision to code of practice
277. Effect of approved code of practice
278. Tabling and disallowance of approved codes of practice

PART 8.3--MARINE ENFORCEMENT POLICY

279. Safety Director to develop, maintain and review Marine Enforcement Policy
280. Safety Director must co-ordinate and support implementation
281. Safety Director must consult when developing or reviewing Marine Enforcement policy
282. Content of Marine Enforcement Policy
283. Marine Enforcement Policy to be had regard to

PART 8.4--OFFENCES BY BODIES CORPORATE

284. Imputing conduct to bodies corporate
285. Liability of officers of bodies corporate

PART 8.5--OFFENCES BY PARTNERSHIPS AND UNINCORPORATED BODIES OR ASSOCIATIONS

286. Liability of officers of partnerships and unincorporated bodies or associations

PART 8.6--PROCEEDINGS AGAINST THE CROWN

287. Responsible agency for the Crown

PART 8.7--REVIEW OF DECISIONS

288. Definitions
289. Internal review
290. Review by VCAT

PART 8.8--COURT PROCESSES

291. Jurisdiction
292. Power to prosecute
293. Evidence of speed
294. General evidentiary provisions
295. Evidence
296. Act presumed to apply to vessels
297. Seizure and sale of vessel and equipment
298. Summary jurisdiction in indictable offences

PART 8.9--MISCELLANEOUS MATTERS

299. Effect of compliance with regulations or approved codes of practice
300. Nationally Agreed Standards
301. Forgery etc. of documents and identification marks
302. Offence to interfere etc. with navigation aid
303. Offence to obstruct authorised person
304. Offence to offer or accept bribes
305. Obtaining licence etc. by false statements
306. Disclosure of information
307. Safety Director may vary or cancel permission record to correct error or omission
308. Service

PART 8.10--REGULATIONS

Division 1--General regulation-making powers

309. General regulation-making powers

Division 2--Fees, rates and charges

310. Fees, rates and charges
311. Fees for waterway managers
312. Fee for boating facilities and safety education

PART 9.1--DEFINITIONS

313. Definitions

PART 9.2--OPERATIVE PROVISIONS

314. General transitional provision
315. Savings and transitional regulations
316. Hoon boating provisions re-enacted
317. Declaration of waterway managers
318. Declaration of vessels
319. Determinations in relation to requirements to use a pilot taken to be declaration of pilot required waters
320. Registered vessels
321. Applications for registration of vessels
322. Applications for the renewal or transfer of the registration of a vessel
323. Suspensions of registration of vessels
324. Processes for suspensions of registrations of vessels
325. Processes for cancellations of registrations of vessels
326. Prohibitions in relation to operation of particular vessels
327. Operator licences
328. Personal watercraft endorsements
329. Applications for operator licences
330. Applications for personal watercraft endorsements
331. Renewals of operator licences
332. Variations to operator licences on initiative of Director
333. Variations to personal watercraft endorsements on application by holder of a personal watercraft endorsement
334. Variations to personal watercraft endorsements on initiative of Director
335. Requests for cancellation of personal watercraft endorsements
336. Suspension of operator licences
337. Processes for suspensions of operator licences
338. Processes for cancellations of operator licences
339. Processes for revocation of personal watercraft endorsements
340. Court suspensions of operator licences
341. Disqualifications from obtaining operator licences
342. Waterway rules
343. Boating activities
344. Harbour master identity cards
345. Harbour master licences
346. Applications for harbour master licences
347. Authorisation of assistant harbour masters
348. Written directions of harbour masters
349. Pilotage services provider registration
350. Register of pilotage services providers
351. Pilot licences
352. Applications for pilot licences
353. Pilot exemptions
354. Applications for pilot exemptions
355. Local knowledge certificates
356. Applications for local knowledge certificates
357. Specified standards of the Director
358. Specified approvals and determinations of the Director
359. Exemptions of Director
360. Certificates of competency
361. Applications for certificates of competency
362. Certificates of survey
363. Investigations by Director
364. Investigations by inspectors
365. Improvement notices
366. Prohibition notices
367. Internal reviews in relation to applications
368. Appeals commenced in relation to refusal of applications in relation to licences and endorsements
369. Appeals commenced in relation to decisions to suspend or cancel operator licences or revoke endorsements
370. Appeals commenced in relation to decisions to vary operator licences or vary conditions on licences or endorsements
371. Appeals against disqualifications by order of a court
372. Appeals against cancellation or suspension of operator licence by order of a court
373. Delegations of waterway managers
374. References to Director to be read as references to Safety Director

PART 10.1--MARINE ACT 1988

Division 1--Change of name of Act and amendment of preliminary provisions

375. Change of name of Act
376. Section 1 substituted—Purposes of Act
377. Definitions

Division 2--Amendment of Part 4

378. Interpretation
379. Offences involving alcohol or other drugs
380. Provisions about cancellation and disqualification
381. Immediate suspension of operator licence in certain circumstances
382. Appeal to court against suspension of operator licence
383. Section 29 substituted
384. Preliminary breath testing stations
385. Breath analysis
386. Blood samples taken in certain cases
387. Evidentiary provisions—blood tests
388. Evidentiary provisions—breath tests
389. Avoidance of certain provisions in contracts of insurance

Division 3--Consequential amendments

390. Repeal of various parts and provisions
391. Part 8 consequential amendments
392. Part 9 consequential amendments
393. Further consequential amendments

PART 10.2--TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

394. Definitions
395. Amendment of section 82C—Application of definitions to this Part
396. Amendment of section 84 and repeal of section 84A—Specific investigation powers
397. Amendment of section 228S—Definitions
398. New section 228WA inserted
399. Amendment of section 228Z—Power of entry
400. Amendment of section 228ZB—General inspection, inquiry and search powers
401. New section 228ZBA inserted
402. Amendment of section 228ZC—Securing a site
403. Amendment of section 228ZE—Seizure power
404. Amendment of section 228ZF—Use of equipment to examine or process things
405. Amendment of section 228ZG—Search warrant
406. Amendment of section 228ZI—Announcement before entry
407. Amendment of section 228ZJ—Copy of warrant to be given to occupier
408. Amendment of section 228ZK—Power to require production of documents and related items
409. Amendment of section 228ZM—Direction to provide certain information
410. New section 228ZNA inserted
411. Amendment of section 228ZP—Securing seized things
412. Amendment of section 228ZT—Receipt for seized things
413. Amendment of section 228ZW—Magistrates' Court may extend period
414. Amendment of section 228ZZ—Use of force
415. Amendment of section 228ZZA—Use or seizure of electronic equipment
416. Amendment of section 228ZZJ—Prohibition notice
417. Amendment of section 228ZZN—Certificates

PART 10.3--PORT MANAGEMENT ACT 1995

418. Definitions
419. Other consequential amendments

PART 10.4--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

420. Consequential amendments
421. Repeal of Part and Schedule 3
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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