Victorian Numbered Regulations

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MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - REG 726

Exemptions applying to licences issued outside Victoria

    (1)     A person is exempt from the requirement to hold an operator licence authorising the person to operate a class of regulated recreational vessel if the person—

        (a)     has a licence, certificate or other authority issued in another State or a Territory of the Commonwealth and who was ordinarily resident in the issuing State or Territory at the time of issue; or

        (b)     has an appropriate licence or other authority issued in another country and written in the English language or accompanied by an accurate English translation and who was ordinarily resident in that country at the time of issue—

that authorises him or her to operate a regulated recreational vessel of that class.

    (2)     A person is not exempt or ceases to be exempt under subregulation (1) in any of the following circumstances—

        (a)     if the holder of the licence, certificate or other authority issued in another State or a Territory of the Commonwealth has resided in Victoria for a continuous period of more than 3 months; or

        (b)     if the holder of the licence or other authority issued in another country has a permanent visa issued by the Commonwealth for more than 3 months; or

        (c)     if the person is disqualified from operating a recreational vessel in another State or a Territory of the Commonwealth or another country or has his or her licence suspended; or

        (d)     if, in the reasonable opinion of the Director, it would be dangerous for the person to operate a regulated recreational vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things.

    (3)     If the Director forms an opinion on the matters set out in subregulation (2)(d) the Director must give the person notice in writing of the following—

        (a)     that he or she is no longer exempt from the requirement to hold an operator licence;

        (b)     that he or she must not operate a regulated recreational vessel on State waters;

        (c)     the reasons why that person is no longer exempt;

        (d)     any action that may be taken by the person in order to regain the exemption;

        (e)     the date by which the person must take that action.



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