Marine (Amendment) Regulations 2000 (Vic)

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Marine (Amendment) Regulations 2000

S.R. No. 13/2000

TABLE OF PROVISIONS

Regulation Page

1. Objective 1
2. Authorising provisions 1
3. Principal Regulations 1
4. Fire extinguishers and PFDs 1
5. Amendment of reference to Safety Convention 3
6. Flags 3
7. Survey fees 4
8. Measuring devices 4
9. Number of lifejackets 4
10. Marine infringements 4

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NOTES 6

i

STATUTORY RULES 2000

S.R. No. 13/2000
Marine Act 1988

Marine (Amendment) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 7 March 2000
Responsible Minister:
CANDY BROAD Minister for Ports

HELEN DOYE

Clerk of the Executive Council

1. Objective
The objective of these Regulations is to make
miscellaneous amendments to the Marine
Regulations 1999.

2. Authorising provisions
These Regulations are made under sections 59 and
105 of the Marine Act 1988.

3. Principal Regulations
In these Regulations, the Marine Regulations
19991 are called the Principal Regulations.

4. Fire extinguishers and PFDs
(1) In regulation 103 of the Principal Regulations in
the definition of "portable fire extinguisher"—

(a) for paragraph (c) substitute—
Marine (Amendment) Regulations 2000

r. 4	S.R. No. 13/2000

"(c) if the extinguishing medium is a foam
chemical type, complies with
Australian Standard AS 1843—1976
Foam (Chemical) Type Portable Fire
Extinguishers as published by the
Standards Association of Australia on
1 May 1976; or";

(b)

for paragraph (f) substitute— "(f) if the extinguishing medium is a wet
chemical type, complies with
Australian/New Zealand Standard
AS/NZS 1841.3:1997 Portable fire
extinguishers Part 3: Specific
requirements for wet—chemical type
extinguishers as published jointly by
the Standards Association of Australia
and Standards New Zealand on 5 April
1997; or";

(c)

for paragraph (g) substitute— "(g) if the extinguishing medium is a foam
type, complies with Australian/New
Zealand Standard AS/NZS 1841.4:1997
Portable fire extinguishers Part 4:
Specific requirements for foam type
extinguishers as published jointly by
the Standards Association of Australia
and Standards New Zealand on 5 April
1997; or";

(d)

for paragraph (h) substitute— "(h) if the extinguishing medium is a
powder type, complies with
Australian/New Zealand Standard
AS/NZS 1841.5:1997 Portable fire
extinguishers Part 5: Specific
requirements for powder type
extinguishers as published jointly by

Marine (Amendment) Regulations 2000

S.R. No. 13/2000 r. 5

the Standards Association of Australia and Standards New Zealand on 5 April 1997; or";

(e)

for paragraph (i) substitute— "(i) if the extinguishing medium is a carbon
dioxide type, complies with
Australian/New Zealand Standard
AS/NZS 1841.6:1997 Portable fire
extinguishers Part 6: Specific
requirements for carbon dioxide type
extinguishers as published jointly by
the Standards Association of Australia
and Standards New Zealand on 5 April
1997;".

(2) In Schedule 2 to the Principal Regulations—

(a)

in Part 2, in paragraph (a), for "1 January 1973" substitute "5 March 1973";

(b)

in Part 2, in paragraph (c), for "1 March 1983" substitute "7 March 1983";

(c)

in Part 3, in paragraph (a), for "1995" substitute "1999";

(d)

in Part 3, in paragraph (c), for "Section 16" substitute "Section 10";

(e)

in Part 3, in paragraph (d)(iii), for "1 March 1983" substitute "7 March 1983";

(f)

in Part 4, after "Devices" (where secondly occurring) insert "—Type 1".

5. Amendment of reference to Safety Convention

In regulation 206 of the Principal Regulations omit "and the Protocol of 1978 relating to the Safety Convention".

6. Flags

Marine (Amendment) Regulations 2000

r. 6	S.R. No. 13/2000

In regulations 209(1)(d) and 211(1)(e) of the
Principal Regulations, omit "1969".

7. Survey fees
In Table 803 of regulation 803 of the Principal
Regulations—

(a)

in column 2 relating to Item 1. after "vessels" insert "of or not";

(b)

in column 2 relating to Item 2. omit "of or" (where twice occurring).

8. Measuring devices
In regulation 600(1) of the Principal
Regulations—

(a)

in paragraph (a) for "20.20 Ultralyte 100LR" substitute "20-20 Ultralyte LR";
(b) in paragraph (b) for "iii" substitute "III".

9. Number of lifejackets
In the Table in Schedule 5 to the Principal person being towed".
Regulations, at the end of the item relating to

10. Marine infringements
In Schedule 13 to the Principal Regulations—

(a)

after "(pages 1706–1824)" insert "as amended from time to time";

(b)

in the item relating to Code 7, in Column 2, for "30 metres" substitute "50 metres";

(c)

in the item relating to Code 8, in Column 2, for "90 metres" substitute "100 metres";

(d)

in the item relating to Code 9, in Column 2, for "30 metres" substitute "50 metres";

Marine (Amendment) Regulations 2000

S.R. No. 13/2000 r. 10

(e)

in the item relating to Code 11, in Column 2, for "30 metres" substitute "50 metres";

(f)

in the item relating to Code 12, in Column 2, for "60 metres" substitute "50 metres";

(g)

in the item relating to Code 52, in Column 2, after "board" insert "and each person being towed".

═══════════════

Marine (Amendment) Regulations 2000

Notes

S.R. No. 13/2000

NOTES

1 Reg. 3: S.R. No. 145/1999.

Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.

Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Regulation 4(1)(a) Australian Standard AS Whole
which amends 1843–1976 Foam (Chemical)
Regulation 103 of the Type Portable Fire
Principal Regulations Extinguishers
definition of "portable
fire extinguisher"
Paragraph (c)—foam
(chemical) type
Regulation 4(1)(b) Australian/New Zealand Whole
which amends Standard AS/NZS
Regulation 103 of the 1841.3:1997 Portable fire
Principal Regulations extinguishers Part 3: Specific
definition of "portable requirements for wet—
fire extinguisher" chemical type extinguishers
Paragraph (f)—wet-
chemical type
Regulation 4(1)(c) Australian/New Zealand Whole
which amends Standard AS/NZS
Regulation 103 of the 1841.4:1997 Portable fire
Principal Regulations extinguishers Part 4: Specific
definition of "portable requirements for foam type
fire extinguisher" extinguishers
Paragraph (g)—foam
type

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Regulation 4(1)(d) Australian/New Zealand Whole
which amends Standard AS/NZS
Regulation 103 of the 1841.5:1997 Portable fire
Principal Regulations extinguishers Part 5: Specific
definition of "portable requirements for powder type
fire extinguisher" extinguishers
Paragraph (h)—
powder type
Regulation 4(1)(e) Australian/New Zealand Whole
which amends Standard AS/NZS
Regulation 103 of the 1841.6:1997 Portable fire
Principal Regulations extinguishers Part 6: Specific
definition of "portable requirements for carbon
fire extinguisher" dioxide type extinguishers
Paragraph (i)—carbon
dioxide type
Regulation 4(2)(a) Australian Standard AS Whole
which amends Part 2 1499–1973 Buoyancy Vests
of Schedule 2 to the
Principal Regulations
definition of
"buoyancy vest"
Regulation 4(2)(b) Australian Standard AS Whole
which amends Part 2 1499–1983 Buoyancy Vests
of Schedule 2 to the
Principal Regulations
definition of
"buoyancy vest"
Regulation 4(2)(d) Uniform Shipping Laws Code Section 10
which amends Part 3 Lifesaving
of Schedule 2 to the Appliances
Principal Regulations Appendix R

definition of "lifejacket"

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Regulation 4(2)(e) Australian Standard AS Whole
which amends Part 3 1512–1983 Lifejackets
of Schedule 2 to the
Principal Regulations
definition of
"lifejacket"
Regulation 4(2)(f) Australian Standard AS Whole
which amends Part 4 1512–1996 Personal flotation
of Schedule 2 to the devices—Type 1

Principal Regulations definition of "personal flotation device"
Regulation 6 which International Code of Signals Appendix 2
amends regulations Code Flag R
209 and 211 of the
Principal Regulations

———

Note that the following table of applied, adopted or incorporated matter is provided for ease of reference to show applied, adopted or incorporated matter in the Principal Regulations as at 7 March 2000.

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Regulation 103— Uniform Shipping Laws Code Section 10
Definitions of "hand Australian Standard AS Whole
held orange smoke 2092–1988 Pyrotechnic Marine
signal" and "hand held Distress Flares and Signals for
red distress flare" Pleasure Craft
Regulation 103— Chart AUS 182 "Lakes Whole
Definition of "Lakes Entrance" published by the
Entrance Bar" Hydrographic Service, Royal
Australian Navy on 30 January
1998
Regulation 103— Uniform Shipping Laws Code Section 10
Definition of Australian Standard AS Whole
"lifebuoy" 2261–1979 Rescue Buoys
Australian Standard AS Whole
2261–1990 Rescue Buoys
Regulation 103— Australian Standard AS Whole
Definition of 1846–1985 Portable Fire
"portable fire Extinguishers—Powder Type
extinguisher"
Paragraph (a)—dry
chemical type
Regulation 103— Australian Standard AS Whole
Definition of 1847–1985 Portable Fire
"portable fire Extinguishers—Carbon
extinguisher" Dioxide Type
Paragraph (b)—
carbon dioxide type

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Regulation 103— Australian Standard AS Whole
Definition of 1843–1976 Foam (Chemical)
"portable fire Type Portable Fire
extinguisher" Extinguishers
Paragraph (c)—foam
(chemical) type
Regulation 103— Australian Standard AS Whole
Definition of 1844–1985 Portable Fire
"portable fire Extinguishers—Foam (Gas
extinguisher" Container) Type
Paragraph (d)—foam
(gas container) type
Regulation 103— Australian/New Zealand Whole
Definition of Standard AS/NZS 1841.3:1997
"portable fire Portable fire extinguishers
extinguisher" Part 3: Specific requirements
Paragraph (f)—wet for wet-chemical type
chemical type extinguishers
Regulation 103— Australian Standard AS Whole
Definition of 1845–1985 Portable Fire
"portable fire Extinguishers—Foam (Stored
extinguisher" Pressure) Type

Paragraph (e)—foam (stored pressure) type
Regulation 103— Australian/New Zealand Whole
Definition of Standard AS/NZS 1841.4:1997
"portable fire Portable fire extinguishers
extinguisher" Part 4: Specific requirements
Paragraph (g)—foam for foam type extinguishers
type

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Regulation 103— Australian/New Zealand Whole
Definition of Standard AS/NZS 1841.5:1997
"portable fire Portable fire extinguishers
extinguisher" Part 5: Specific requirements
Paragraph (h)— for powder type extinguishers
powder type
Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Regulation 103— Australian/New Zealand Whole
Definition of Standard AS/NZS 1841.6:1997
"portable fire Portable fire extinguishers
extinguisher" Part 6: Specific requirements
Paragraph (i)—carbon for carbon dioxide type
dioxide type extinguishers
Regulation 103— Chart AUS 143 "Port Phillip" Whole
Definition of "Port published by the Hydrographic
Phillip Heads" Service, Royal Australian Navy
on 2 May 1973
Regulation 205 Prevention of Collisions Whole except

Convention

that Annex I, Annex II and Annex III do not

apply to vessels on inland waters
Regulation 206 Safety Convention Chapter V of the
Safety
Convention
(except
regulations 13
and 15)
Regulation 206 Commonwealth Navigation Sections 6 and 8
Act 1912

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Regulations 209 and International Code of Signals Appendix 2
211 Code Flag R
Regulation 212 Uniform Shipping Laws Code Section 14
Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document

Regulation 215

Uniform Shipping Laws Code

Sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L, M, 6, 7 (except

clauses 74.4 and 74.5), 8A, B and C, 9, 10, 11, 12, 13
Regulation 216 Uniform Shipping Laws Code Section 18
(except clauses
2.4.1, 2.5.1,
2.5.3 and Parts 3
and 4)

Regulation 300

Uniform Shipping Laws Code

Part 4 of section 2

Regulation 301

Uniform Shipping Laws Code

Part 4 of section 3
Regulations 302 and Uniform Shipping Laws Code Sections 2 and 3
303
Schedule 2— Australian Standard AS Whole
Definition of 2260–1984 Buoyancy
"buoyancy garment" Garments

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Schedule 2— Australian Standard AS Whole
Definition of 1499–1973 Buoyancy Vests
"buoyancy vest"
Australian Standard AS Whole
1499–1979 Buoyancy Vests
Australian Standard AS Whole
1499–1983 Buoyancy Vests
Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Schedule 2— Order made under the Whole
Definition of Commonwealth Navigation

"lifejacket"

Act 1912 known as Marine Order Part 25 Issue 4 (Order No. 12 of 1998, Appendix 1 Part 2) published by the
Australian Maritime Authority
on 1 November 1998

Uniform Shipping Laws Code

Section 10 Lifesaving
Appliances,
Appendix R
Australian Standard AS Whole
1512–1973 Lifejackets
Australian Standard Whole
AS 1512–1981 Lifejackets
Australian Standard Whole
AS 1512–1983 Lifejackets

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Schedule 2— Australian Standard AS Whole
Definition of 1512–1988 Personal Flotation
"personal flotation Devices—Type 1
device type 1" Australian Standard AS Whole
1512–1996 Personal flotation
devices—Type 1
Uniform Shipping Laws Code Section 10,
Lifesaving
Appliances,
Appendix R
Statutory Rule Title of applied, adopted or Matter in
Provision incorporated document applied,
adopted or
incorporated
document
Schedule 2— Australian Standard AS Sub-clause 3.5
Definition of 2259–1988 General
"personal flotation Requirements for Buoyancy
device type 1"— Aids
continued
Australian Standard Sub-clause 3.5
AS 2259–1996
General Requirements for
Buoyancy Aids
Schedule 2— Australian Standard AS Whole
Definition of 1499–1988 Personal Flotation
"personal flotation Devices—Type 2
device type 2" Australian Standard AS Whole
1499–1996 Personal Flotation
Devices—Type 2

Marine (Amendment) Regulations 2000

S.R. No. 13/2000
NOTES—continued

Schedule 2— Australian Standard AS Whole
Definition of 2260–1988 Personal Flotation
"personal flotation Devices—Type 3
device type 3"
Australian Standard AS Whole
2260–1996 Personal Flotation
Devices—Type 3

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Marine (Amendment) Regulations 2000 (Vic)

Cases Citing This Decision

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Statutory Material Cited

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1.	Objective	1
2.	Authorising provisions	1
3.	Principal Regulations	1
4.	Fire extinguishers and PFDs	1
5.	Amendment of reference to Safety Convention	3
6.	Flags	3
7.	Survey fees	4
8.	Measuring devices	4
9.	Number of lifejackets	4
10.	Marine infringements	4

S.R. No. 13/2000	r. 5
the Standards Association of Australia and Standards New Zealand on 5 April 1997; or";

(a)	in Part 2, in paragraph (a), for "1 January 1973" substitute "5 March 1973";
(b)	in Part 2, in paragraph (c), for "1 March 1983" substitute "7 March 1983";
(c)	in Part 3, in paragraph (a), for "1995" substitute "1999";
(d)	in Part 3, in paragraph (c), for "Section 16" substitute "Section 10";
(e)	in Part 3, in paragraph (d)(iii), for "1 March 1983" substitute "7 March 1983";
(f)	in Part 4, after "Devices" (where secondly occurring) insert "—Type 1".

(a)	in column 2 relating to Item 1. after "vessels" insert "of or not";
(b)	in column 2 relating to Item 2. omit "of or" (where twice occurring).

(a)	after "(pages 1706–1824)" insert "as amended from time to time";
(b)	in the item relating to Code 7, in Column 2, for "30 metres" substitute "50 metres";
(c)	in the item relating to Code 8, in Column 2, for "90 metres" substitute "100 metres";
(d)	in the item relating to Code 9, in Column 2, for "30 metres" substitute "50 metres";

(e)	in the item relating to Code 11, in Column 2, for "30 metres" substitute "50 metres";
(f)	in the item relating to Code 12, in Column 2, for "60 metres" substitute "50 metres";
(g)	in the item relating to Code 52, in Column 2, after "board" insert "and each person being towed".

Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulation 4(1)(a)	Australian Standard AS	Whole
which amends	1843–1976 Foam (Chemical)
Regulation 103 of the	Type Portable Fire
Principal Regulations	Extinguishers
definition of "portable fire extinguisher"
Paragraph (c)—foam (chemical) type
Regulation 4(1)(b)	Australian/New Zealand	Whole
which amends	Standard AS/NZS
Regulation 103 of the	1841.3:1997 Portable fire
Principal Regulations	extinguishers Part 3: Specific
definition of "portable	requirements for wet—
fire extinguisher"	chemical type extinguishers
Paragraph (f)—wet- chemical type
Regulation 4(1)(c)	Australian/New Zealand	Whole
which amends	Standard AS/NZS
Regulation 103 of the	1841.4:1997 Portable fire
Principal Regulations	extinguishers Part 4: Specific
definition of "portable	requirements for foam type
fire extinguisher"	extinguishers
Paragraph (g)—foam type

Regulation 103—	Australian/New Zealand	Whole
Definition of	Standard AS/NZS 1841.5:1997
"portable fire	Portable fire extinguishers
extinguisher"	Part 5: Specific requirements
Paragraph (h)—	for powder type extinguishers
powder type
Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulation 103—	Australian/New Zealand	Whole
Definition of	Standard AS/NZS 1841.6:1997
"portable fire	Portable fire extinguishers
extinguisher"	Part 6: Specific requirements
Paragraph (i)—carbon	for carbon dioxide type
dioxide type	extinguishers
Regulation 103—	Chart AUS 143 "Port Phillip"	Whole
Definition of "Port	published by the Hydrographic
Phillip Heads"	Service, Royal Australian Navy on 2 May 1973
Regulation 205	Prevention of Collisions	Whole except
Convention	that Annex I, Annex II and Annex III do not
apply to vessels on inland waters
Regulation 206	Safety Convention	Chapter V of the Safety Convention (except regulations 13 and 15)
Regulation 206	Commonwealth Navigation	Sections 6 and 8
Act 1912

Regulations 209 and	International Code of Signals	Appendix 2
211	Code Flag R
Regulation 212	Uniform Shipping Laws Code	Section 14
Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulation 215	Uniform Shipping Laws Code	Sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L, M, 6, 7 (except
clauses 74.4 and 74.5), 8A, B and C, 9, 10, 11, 12, 13
Regulation 216	Uniform Shipping Laws Code	Section 18 (except clauses 2.4.1, 2.5.1, 2.5.3 and Parts 3 and 4)
Regulation 300	Uniform Shipping Laws Code	Part 4 of section 2
Regulation 301	Uniform Shipping Laws Code	Part 4 of section 3
Regulations 302 and	Uniform Shipping Laws Code	Sections 2 and 3
303
Schedule 2—	Australian Standard AS	Whole
Definition of	2260–1984 Buoyancy
"buoyancy garment"	Garments