(1) In this
regulation —
foreign pleasure vessel means a registrable vessel
which is owned by a person who is not a permanent resident of the State and
which is temporarily within navigable waters but does not include a registered
interstate pleasure vessel;
proposed departure date in relation to a foreign
pleasure vessel means the date notified to the Department pursuant to
subregulation (4)(g) in respect of that vessel.
(2) Subject to
subregulation (3), a person shall not use or have in any navigable waters
a foreign pleasure vessel unless the vessel is registered with the Department
in accordance with this regulation.
(2a) A person who
contravenes subregulation (2) commits an offence.
(3) A person may,
within the period of 30 days immediately succeeding the day of entry of
the foreign pleasure vessel into any navigable waters, use or have in
navigable waters a foreign pleasure vessel that is not registered with the
Department in accordance with this regulation.
(4) Every application
for the registration of a foreign pleasure vessel shall be made to the
Department in writing on a form specified by the Minister and shall include
particulars of —
(a) the
full name and residential address of the owner of the vessel and the telephone
number of any telephone installed at that address for the owner; and
(b) the
full name and residential address of the master of the vessel; and
(c) the
overall length of the vessel expressed in metres expressed to 2 decimal
places; and
(d) the
type of construction of the vessel and its colour; and
(e) the
power in kilowatts and name of the manufacturer of the engine fitted to the
vessel or carried as an auxiliary in the vessel and a statement as to whether
the engine is of the inboard or outboard type; and
(f) the
date of entry of the vessel into navigable waters; and
(g) the
proposed date of departure of the vessel from navigable waters.
(4A) An application
for the registration of a foreign pleasure vessel must be accompanied by a
recording fee of $34.15 and the appropriate fee ascertained in accordance with
the following Table for each 3 month period or part of a 3 month
period for which it is proposed the vessel will be in navigable
waters —
Table
(5) When the
Department registers a foreign pleasure vessel under this regulation the
Department shall, if the vessel has not previously been registered under this
regulation, allot a registration number for the vessel and issue to the owner
for whom the application was made —
(a) a
boat registration label; and
(b) a
certificate of registration for the vessel, which certificate shall indicate
the date of expiry of the registration of the vessel.
(6) A person shall not
use or have in any navigable waters a foreign pleasure vessel
unless —
(a) the
current boat registration label for the vessel is fixed to the port side of
the vessel in a manner and position which makes it clearly visible; and
(b) the
certificate of registration referred to in subregulation (5) is carried
upon the vessel.
(6a) A person who
contravenes subregulation (6) commits an offence.
(7) Where an
application for registration as a foreign pleasure vessel is duly made under
this regulation and is accompanied by the prescribed fees the Department shall
issue a certificate of registration for a period commencing on the date shown
on the receipt imprinted on the certificate and expiring on the proposed
departure date.
(8) Where a foreign
pleasure vessel previously registered under this regulation does not leave
navigable waters on the proposed departure date and application for
registration of the vessel under this regulation is duly made under
subregulation (4) and is accompanied by the prescribed fee before that
registration expires or within 30 days immediately succeeding the day on
which that registration expires the Department shall register the vessel for a
period expiring on the proposed departure date shown in that application and
the registration shall be deemed to be a continuation of the previous
registration and to have effect on and from the day next succeeding the day on
which that registration expires.
[Regulation 45BAA inserted: Gazette
21 Feb 1986 p. 566‑7; amended: Gazette
2 Mar 1990 p. 1328; 1 Aug 1990 p. 3647;
10 Apr 1992 p. 1597; 30 Jun 1992 p. 2900;
29 Jun 1993 p. 3188; 14 Jun 1994 p. 2482;
27 Jun 1997 p. 3151; 12 May 1998 p. 2796;
1 Dec 2000 p. 6765; 27 Jul 2001 p. 3800;
14 Jun 2002 p. 2325; 27 Jun 2003 p. 2536;
25 Jun 2004 p. 2264; 24 Jun 2005 p. 2778;
23 Jun 2006 p. 2207; 12 Jun 2007 p. 2727;
24 Jun 2008 p. 2895; 12 Jun 2009 p. 2130;
27 Aug 2010 p. 4115; 21 Jun 2011 p. 2241;
27 May 2016 p. 1550; 25 May 2018 p. 1641;
17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68
r. 14; SL 2022/56 r. 6; SL 2023/45 r. 11;
SL 2024/57 r. 8; SL 2024/191 r. 41.]