Victorian Numbered Acts

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - NOTES

No. 65 of 2010

__________________

Victoria

Marine Safety Act 2010^[†]

No. 65 of 2010

[Assented to 28 September 2010]

^[†]     Minister's second reading speech—

    Legislative Assembly: 12 August 2010

    Legislative Council: 2 September 2010

    The long title for the Bill for this Act was "A Bill for an Act to provide for safe marine operations in Victoria and to consequentially amend the Marine Act 1988 and other Acts and for other purposes."

INDEX

Subject	Section
Act
amendments to Marine Act 1988	375–393
amendments to other Acts	418–420, Sch. 3
amendments to Transport (Compliance and Miscellaneous) Act 1983	394–417
application to types of voyages	9
commencement	2
Crown bound by	13
interaction with Occupational Health and Safety Act 2004	11
not to apply to defence force vessels	10
objects	14, 22
presumed to apply to vessels	296
principles	15–22
purpose	1
regulations	97–99, 299, 300, 309–312, 315, Sch. 2
repeal of Part 10.4, Schedule 3	421
repeal of section 315	315
savings, transitional provisions	313–374
transport legislation within Transport Integration Act 2010	12
Activity exclusion zones	208–210
Adverse publicity orders	173
Appeals	103, 114, 368–372
Arrest	160
Australian Builders Plate Standard	3, 102
Australian fishing vessels See Fishing vessels
Authorised persons
by police to assist	109
definitions	103, 303
obstruction, hindrance of	303
powers, duties regarding
impounded, immobilised recreational vessels	116
lights	159
Boating activities
exclusion zones	208–210
exemptions from Act, rules	203–207
transitional provision	343
Boating facilities	312
Bodies corporate	284, 285
Subject	Section
Certificates of competency
acting without	74
application	77
breach of conditions of	76
cancellation	91, 93
conditions	75, 78, 79
disqualification	93
issue	78
non-compliance with conditions of	75
renewal	77, 78
requirement to hold	73
Safety Director's powers	258, Sch. 1
suspension	91, 93
transitional provisions	360, 361
See also Local knowledge certificates
Channel operators (def.)	3
Channels (def.)	3
See also Dredging
Chief Commissioner of Police
powers regarding
disposal orders	148, 149
forfeiture orders	119–121, 123
impoundment, immobilisation of recreational vessels	111, 113, 118, 120, 121, 123, 127
registration of recreational vessels	124
reportable incidents	270
sale, disposal of uncollected vessels, items	144, 145, 147–149
Civil liability	35
Codes of practice – Safety duties
approval	272
approved codes of practice (def.)	3
availability	275
consultation	276
effect of	277
effect of compliance with	299
revisions	273
revocation	273, 274
tabling, disallowance	278
waterway management	219
Commercial vessels See Fishing vessels; Trading vessels
Convention on the International Regulations for Preventing Collisions at Sea, 1972	95, 96, 99, 100
Corresponding laws (def.)	3
Crews
acts tending to endanger	88
application of Act to	9
certificates of competency	77, 78
required to have appropriate certificates	73, 74
Safety Director's powers	258, Sch. 1
Subject	Section
Crimes Act 1958	171
Criminal Procedure Act 2009	298
Defence force vessels	10
Definitions	3, 4, 5, 9, 30, 95, 98, 102, 103, 163, 171, 175, 183, 203, 211, 267, 287, 288, 303, 304, 306, 313, 332, 333, 334, 337, 338, 339, 357, 358
Director, Transport Safety See Safety Director
Disciplinary action See Adverse publicity orders; Marine licences; Permissions
Distress signals	90
Dredging	199–202, 261
Embargo notices	153, 154
Evidence
general provisions	294
known user statements, sold vessel statements	180
of speed	293
Uniform Shipping Laws Code	295
Exemptions
boating activities	203–207
from requirements of Act	260
marine licences	57, 58
pilots	253–256
suspension during inquiries	264
transitional provisions	351, 353, 354, 359
Fees	310–312
Fishing vessels
application of Act to voyages of	9
Australian fishing vessels (defs)	3, 95
declaration of	7
definition	3
registered persons (def.)	3
regulations	97
General marine licences See Marine licences
Government vessels
dangerous operation of	87
declaration of	7
definition	3
unsafe vessels	87
Harbour masters
authorisation of persons to act as assistant harbour masters	229
definition	3
directions by	232–236
duty to engage	220
functions	230
identity cards	221, 344
Subject	Section
licences
applications	223
grant	224
notification of conditions	228
requirement for	222
variation of conditions of	225–227
licensed harbour masters (def.)	3
obstruction, non-compliance with directions of	237
powers (general)	231
powers regarding
amendment, revocation of directions	235
carrying out of directions	236
entry, removal of vessels	233
written and oral directions	232
protection from liability	238
Safety Director's directions prevail	234
Safety Director's powers	258, Sch. 1
transitional provisions	344–348
Hire and drive vessels
application of Act to voyages of	9
approval for recreational use	72
commercially operated vessels (def.)	3
dangerous operation of	87
declaration of	7
definition	3
directions prohibiting operation of	155
licensing offences	49–51
regulated hire and drive vessels (def.)	3
unsafe vessels	87
unsuitable for recreational use	8
See also Marine licences
Improvement notices	365
Infringement notices	156, 158
Inspectors	364
International Convention for the Safety of Life at Sea, 1974	95, 97, 99, 100
Inter-state voyages	9, 95
Intra-state voyages	9
Inquiries	264
Investigations	91, 363, 364
Licences See Marine licences
Lights	159, Sch. 1
Load lines	86, Sch. 1
Local Government Act 1989	158
Local knowledge certificates
application	82
conditions	83
declaration of State waters requiring	81
duration, issue	83
Subject	Section
navigation of vessels without	80
renewal	84
transitional provisions	355, 356
See also Certificates of competency
Local port managers
definition	3
liability	238
local ports (def.)	3
powers, duties
activity exclusion zones	208, 209
control of navigation in vicinity of works	211, 212
declaration of exempt boating activities	203, 204
emergency directions	215
engagement of harbour masters	220, 229
standards for navigation aids, dredging	202
waterway rules	186, 193, 194, 196
recovery of costs from	263
Magistrates' Court	114, 368–372
Marine enforcement policy
consultation in development, review	281
content	282
co-ordination, support of implementation	280
development, maintenance, publication, review by Safety Director	279
regard to be had	283
Marine incidents
definition	3
reportable incidents	3, 93, 94, 270
Marine infringements	3, 156, 157
Marine licences
breach of conditions	46–48, 59
cancellation	91, 93, 171
conditions	53–55
definition	3
disqualification from holding	60, 93, 171, 172
endorsements	47, 55
exemptions
licences issued outside Victoria	57
masters of non-engined vessels	58
general marine licences	53
grant	53, 54
purposes	45
renewal	53, 54
restricted marine licences	54
review of decisions regarding	288–290
suspension	60, 91, 93, 171, 172
testing	56
transitional provisions	327–341, 368–372
unlicensed masters	46
Subject	Section
See also Permissions
Marine operations (def.)	3
Marine safety
elimination, reduction of risks	23
inquiries into marine safety matters	3, 264
marine safety equipment, design and construction activities	3, 26, 27
marine safety infrastructure operations	3, 24, 28
marine safety work (def.)	3
marine safety workers	3, 30
principles
accountability for managing safety risks	16
effect of	22
enforcement	18
equity of use of Victorian waterways	21
integrated risk management	17
participation, consultation, involvement of all affected persons	20
shared responsibility	15
transparency in decision making	19
Marine search and rescue vessels (def.)	3
Masters of vessels
application of Act to	9
compliance with directions of	32, 33
definition of master	3
duties regarding
activity exclusion zones	210, 213
breach of conditions of registration	37
certificates of competency	74, 77–79
directions of harbour masters	237
directions prohibiting operation of vessels	155, 162
load lines	86
local knowledge certificates	80–84
pilot exemptions	253, 255, 256
reportable incidents	93, 94
safe construction certificates	62, 63
safe operation certificates	67, 68
unregistered vessels	37
unsafe vessels	85, 87
use of pilots	248
vessel operations	31
failure to assist people in distress	91
liability	257
not to be found guilty as owner	101
pilot exempt masters	3, 256
recovery of costs from	263
Safety Director's powers	258, Sch. 1
service of notices on	110
See also Marine licences; Recreational vessels – Impoundment, immobilisation
Subject	Section
Minister
powers regarding
acquisition of land	271
codes of practice	272, 273, 275, 276, 278
declaration of waterway managers	6
National Standard for Commercial Vessels	3, 300
National Standard for the Administration of Marine Safety	3, 300
Navigation
control of in the vicinity of works	211, 212
harbour masters' duties	230, 232
obstructions to	267, 268
port management bodies' duties	24
Safety Director's powers	184, 258, 262, 263, 268, Sch. 1
waterway managers' functions	216
Navigation aids
acquisition of land for	271
definition	3
interference with	302
provision, maintenance	261
standards	199–202
Occupational Health and Safety Act 2004	11
Offences
adverse publicity orders	173
by officers of bodies corporate	285
by partnerships, unincorporated bodies, associations	286
civil liability not affected by Parts 2.2–2.6	35
embargo notices	153, 154
guilt either as master or owner	101
indictable offences	24–30, 88, 302, 304
marine infringements	156, 157
place where committed	291
regarding
activity exclusion zones	210
Australian Builders Plate Standards	102
breach of licence conditions	59
breach of registration conditions	37
bribery	304
certificates of competency	73–76
contravention of regulations	96
contravention of waterway rules	197, 198
crews	73, 74
dangerous operation of vessels	87
declarations regarding boating activities	207
design, manufacture, supply of marine safety equipment, vessels	25–27
Subject	Section
directions not to operate vessels	155
directions to move vessels	92, 162
directions, notices regarding navigation	213–215, 267
disclosure of information	306
disqualified masters of recreational vessels	60
distress signals	90
embargo notices	154
emergency directions	215
endangering vessels or crews	88
engagement of harbour masters	220
failure to assist people in distress	91
failure to state name, address, giving false name, address	157
false, misleading information	182
false statements, misrepresentation	305
forfeiture orders	119
forgery, fraudulent of documents, identification marks	301
harbour masters	221, 222
interference with navigation aids	302
lights	159
load lines	86
local knowledge certificates	80
marine enforcement policy	279
marine safety infrastructure operations	24, 28
marine safety workers	30
non-compliance with conditions on use of recreational vessels	72
obstruction, hindrance of authorised persons	303
obstruction, hindrance of police	115
obstruction, non-compliance with directions of harbour masters	237
operation of recreational vessels	32
operation of vessels	269
owner onus offences	180
owners of commercially operated vessels	25, 73
passengers on board vessels	33
permission records	170
pilotage services providers	239, 245–247
pilots	248, 249
port management bodies	24
possession of marine licences	61
recreational vessel licensing offences	46–48, 52, 59–61
regulated hire and drive vessels	49–51
reportable incidents	93, 94
safe construction certificates	62, 63
safe operation certificates	67, 68
sale, disposal of interests in recreational vessels subject to orders	122, 123
search and seizure warrants	143
standards for dredging, navigation aids	202
Subject	Section
suppliers of vessel operations	29
surrender of recreational vessels	107, 118, 119
tampering with vessels	89
unlicensed masters	46–52, 60
unregistered vessels	37
unsafe vessels	85, 87
vessel operations	25, 31
single charges for multiple contraventions	34
summary jurisdiction in indictable offences	298
Overseas voyages	9, 95
Owner onus offences
cancellation of acceptance of effective statements	179
contravention of waterway rules as	198
defences	181
definitions	175
effect of payment of penalty	177
false, misleading statements	182
liability of responsible person at time of offence	176
proceedings against nominated persons	180
purpose of Part 4.7	174
use of effective statements	178
Owners of vessels
application of Act to	9
definition	3
duties regarding
certificates of competency	76
crews	73
load lines	86
removal of obstructions to navigation	267
reportable incidents	94
safe construction certificates	62–64, 66
safe operation certificates	67–69, 71
safety of vessels, marine safety equipment, operations	25
service of notices	110
surrender of vessels	107, 118, 119
unregistered vessels	37
unsafe vessels	85, 87
use of commercial vessels recreationally	69, 72
use of unlicensed masters	52
liability of	101
proof of ownership	132
recovery of charges, expenses from	236, 263
recovery of costs, loss, damages from	257, 268
third party protection from forfeiture orders	133
Partnerships, unincorporated associations	286
Passengers	33, Sch. 2
Subject	Section
Permissions
cancellation, suspension, conditions	166, 307
definitions	3, 163
disciplinary action against holders of	164, 165
disqualification from applying for	166
effect of suspension	169
immediate suspension notices	168
return of records	170
review of decisions regarding	288–290
service of disciplinary notices on holders of	167
suspension during inquiries	264
variation	307
Personal watercraft (def.)	3
Pilotage services providers
compliance with safety standards	247
definition	3
liability	257
pilotage services (def.)	3
records to be kept	246
register	244
registration
applications	240
certificates	243
changes to information	245
duration	242
grant of	241
Safety Director's powers	258, Sch. 1
transitional provisons	349, 350
unregistered providers	239
See also Vessels
Pilots
acting without licence, exemption	249
declaration of pilot required waters	3, 250
definition	3
exemptions
applications	253
effect of	255
grant	254
pilot exempt masters (def.)	3
renewal	256
failure to use services of	248
liability	257
licences	251, 252
licensed pilot (def.)	3
Safety Director's powers	251, 252, 258, Sch. 1
transitional provisions	319, 351–354
See also Permissions; Pilotage services providers
Subject	Section
Police
obstruction, hindrance of police	115
powers regarding
arrest without warrant	160
authorisation of persons to assist	109
bringing of proceedings	292
embargo notices	154
impoundment, immobilisation of recreational vessels	105–113, 116, 130
infringement notices	156
moving, taking charge of vessels	160, 161
prohibition on operation of vessels	155, 269
release of recreational vessels	113
requests for waterway rules	186, 194
requirement to state name and address	157
search and seizure warrants	134, 137–139, 142
surrender of recreational vessels	107
senior police officers	103, 112, 113
Port management bodies
definition	3
liability	238
powers, duties regarding
activity exclusion zones	208, 209
control of navigation in the vicinity of works	211, 212
emergency directions	215
exemptions for boating activities	203, 204
safety of marine safety infrastructure operations	24
standards for navigation aids, dredging	202
waterway rules	186, 193, 194, 196
recovery of costs from	263
Port of Melbourne Corporation	3, 220, 229
Ports (def.)	3
Prevention of Collisions Convention
See Convention on the International Regulations for Preventing Collisions at Sea, 1972
Proceedings
against nominated persons	180
power to bring	292
responsible agency for Crown	287
Prohibition notices	366
Recreational vessels
appeal rights	114
application of Act to voyages of	9
application of Part 4.2	104
dangerous operation of	87
declaration of	7
definition	3
directions prohibiting operation of	155
issue of embargo notices	154
Subject	Section
licensing of masters of	45
licensing offences	46–48
masters' duties	31
non-compliance with Australian Builders Plate Standard	102
operators' duties	32
registered persons (def.)	3
registered recreational vessels (def.)	3
unsafe vessels	87
See also Recreational vessels – Impoundment, immobilisation; Recreational vessels – Registration
Recreational vessels – Impoundment, immobilisation
application for release	114
application of proceeds of sale	146, 151
compensation	129
definitions	103
directions regarding registration	124–126
disposal orders	144, 147–151
exercise of ownership rights	132
forfeiture orders	119, 120, 121, 123, 133, 145
hearing of applications for orders	127
impoundment, immobilisation orders	118, 120, 121
in addition to other penalties	104
issue of notices of	110, 111
liability for costs	131
movement by police to impound, immobilise	108, 130
movement of vessel, tampering with equipment	115
obstruction, hindrance of police	115
orders by Chief Commissioner	118
orders take effect	129
payment of designated costs	113, 114, 116, 117, 131
persons authorised to assist police	109
police powers to seize, impound, immobilise	105, 130
prohibition on sale, disposal of interests in vessels subject to orders	122, 123
protection of third party interests from forfeiture orders	133
release, return of vessels	112, 113, 116, 117
sale, disposal of vessels, items	144, 145, 147–150
seizure	106, 130
service of notice of application	121
surrender	107, 108, 118, 119
transfer of interests in vessels subject to orders	122
variation of orders	128
See also Search and seizure warrants
Subject	Section
Recreational vessels – Registration
breach of conditions	37
cancellation	43, 44
conditions	40, 41
directions not to transfer, register vessels	124, 125
granting of	39
name vessel registered in	38
purpose	36
register of registered vessels	42
renewal	39
suspension	43, 126
transfer	39
transitional provisions	320–325
unregistered vessels	37
Register of Pilotage Services Providers	244, 350
Register of registered vessels	42
Regulated hire and drive vessels See Hire and drive vessels
Regulations
effect of compliance with	299
exemption from compliance with	206
nationally agreed standards in	300
power to make and matters provided for	309, Sch. 2
regarding fees	310–312
regarding international conventions	96–99
savings and transitional	315
Uniform Shipping Laws Code in	300
Relevant marine safety laws (def.)	3
Reportable incidents See Marine incidents
Review
by senior police officers	112
by VCAT	290
internal review	289, 367
marine enforcement policy	279, 281
reviewable decisions (def.)	288
Safe construction certificates See Vessels
Safe operation certificates See Vessels
Safety Convention See International Convention for the Safety of Life at Sea, 1974
Safety Director
declaration as waterway manager	6
definition	3
functions	258
powers (general)	259, Sch. 1
powers regarding
activity exclusion zones	208, 209
adverse publicity orders	173
approval of commercially operated vessels for recreational use	72
Subject	Section
certificates of competency	78, 79
codes of practice for waterway management	219
declaration of vessels	7
declarations regarding commercially operated vehicles unsuitable for recreational use	8
detention of unsafe vessels	85
directions regarding navigation	211, 212
directions to harbour masters	235
disciplinary action	164–168
disclosure of information	306
emergency directions	215
entry, removal of vessels	233
exemptions for boating activities	203, 204
exemptions from requirements of Act	260
fittings, materials, appliances, apparatus	100
harbour master licences, identity cards	221, 223–228
local knowledge certificates	81–83
marine enforcement policy	279–281
navigation aids	199–201, 261, 266
obstruction to navigation	262, 268
permission records	170, 307
pilot exemptions	253, 254
recovery of costs	263
review	289
standards for dredging	199–201
waterway rules	184–188, 190–195
transitional provisions	357–359, 367, 374
See also Marine licences; Pilotage services providers; Recreational vessels – Registration; Vessels
Safety education	312
Search and seizure warrants
announcement before entry	137
application of Magistrates' Court Act 1989	140
applications for	134
copies given to occupier	138
expiry	141
issue	135
obstruction, hindrance of person executing	143
record of proceedings	136
report on execution	142
use of assistants to execute	139
Sentencing Act 1991	90
Service of documents	308
Service of notices
disciplinary notices	167
disposal orders	148, 152
effective statements	178
embargo notices	154
Subject	Section
impoundment, immobilisation orders, forfeiture orders	121, 152
unsafe vessels	85
Signals	90, Schs 1, 2
Speed
evidentiary provisions	293
State waters
activity exclusion zones	208–210
definition	3
unmanaged waterways	3, 186
works carried out on, under	211, 212
Supply	3, 26, 27, 102
Survey of vessels	65, 362
Trading vessels	3, 7, 9
Transport safety officers	3, 154–157
Uniform Shipping Laws Code	3, 295, 300
Unmanaged waterways See State waters
VCAT	265, 290
Vessels
Act presumed to apply to	296
acts tending to endanger	88
application of Act to voyages of	9
close quarters situations (def.)	4
connection with Victoria	9
dangerous operation of	87
declaration of	7
definition	3
design, manufacture, supply	26
detention	85
distress signals	90
duties of suppliers to owners of	29
exemptions from requirements of Act	260
harbour masters' powers	232–236
load lines	86, Schs 1, 2
masters' duties, liability	37
operate (def.)	3
passengers' duties	33
police powers	160, 161
prohibition on operation of	269
reportable incidents	270
safe construction certificates
applications	64
issue	65
offences	62, 63
renewal	66
Subject	Section
safe operation certificates
application	69
issue	70
offences	67, 68
recording of approval to operate vessels	72
renewal	71
Safety Director's powers	258, Sch. 1
seizure, sale of for unpaid orders	297
speed (evidentiary provisions)	293
survey	65
tampering with	89
transitional provisions	318, 326, 362
unsafe vessels	5, 85
vessel design and supply activities (def.)	3
vessel operations	3, 25
See also Fishing vessels; Government vessels; Hire and drive vessels; Owners of vessels; Recreational vessels
Victorian Civil and Administrative Tribunal Act 1998	288, 290
Victorian Regional Channels Authority	3, 220
Volunteers	3, 285, 286
Waterway managers
codes of practice for waterway management	219
declaration	6
definition	3
fees	311
functions, powers (general)	216
indemnity	218
liability	238
powers, duties regarding
activity exclusion zones	208, 209
authorisation of assistant harbour masters	229
delegation	217
emergency directions	215
engagement of licensed harbour masters	220
exemptions regarding boating activities	203, 204
navigation in vicinity of works	211, 212
request for waterway rules	186, 193, 194, 196
standards for navigation aids, dredging	202
recovery of costs from	263
regulations	311
transitional provisions	317, 373
Waterway rules
commencement	189
consequential rules	185
contravention	197, 198, 207
definitions	183
exemptions	203, 205–207
making, matters to be considered	184, 187
Subject	Section
on request, or on Safety Director's initiative	186
publication	190
reasons for making, not making	188
requests for making, consultation requirements	193–196
transitional provisions	342
urgent safety rules	183, 191, 192