Victorian Numbered Acts

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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 378

Interpretation

    (1)     Section 27(1AA) of the Marine Act 1988 is repealed .

    (2)     In section 27(1A) of the Marine Act 1988 , for "being in charge" substitute "being involved in the operation".

    (3)     For section 27(1AAA) of the Marine Act 1988 substitute

    "(1AAA)     A person is taken to be the master of a vessel under way, if that person is accompanying a person who is in control of the vessel, for the purpose of enabling the person who is in control of the vessel to comply with—

        (a)     any condition of the marine licence of the person; or

        (b)     any requirement of regulations made under this Act or the Marine Safety Act 2010

that the person be accompanied by a licensed master while in control of the vessel.".

    (4)     For section 27(3) of the Marine Act 1988 substitute

    "(3)     In this Part—

"operate", in relation to a vessel, means to facilitate or control the movement or navigation of a vessel or a thing connected to a vessel;

"registered mooring" means any floating fixture, marker, pile, buoy, cable or chain attached to anchors or a weight the position of which is either registered with, or recorded by, the local port manager, port management body or waterway manager and compliant with any applicable rules of the local port manager, port management body or waterway manager;

"vessel under way" includes any period when a vessel is being secured, moored or retrieved from the water but does not include a vessel that is—

        (a)     properly made fast on a registered mooring; or

        (b)     made fast to the shore; or

        (c)     aground; or

        (d)     ashore.".



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