Marine (Amendment) Regulations 2001 (Vic)
Marine (Amendment) Regulations 2001
S.R. No. 127/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provisions 2 3. Commencement 2 4. Principal Regulations 2 5. Amendments to objectives 2 6. Amendments to definitions 2 7. Amendment to regulation 209 3 8. Amendment to regulation 211 3 9. Certificates of survey 3
216A. Certificate of survey to be carried on board certain
vessels 3
10. New heading to Part 5 inserted 4 PART 5—ALCOHOL AND DRUG TESTING AND OTHER MATTERS 4 11. New regulations 507 and 508 inserted 4
507. Notice of immediate operator licence suspension 4 508. Suspended operator licence document to be surrendered to Board 5
12. Part 7 substituted 5 PART 7—OPERATOR LICENCES AND PERSONAL WATERCRAFT ENDORSEMENTS 6 Division 1—General provisions relating to operator licences 6
700. Eligibility to apply for an operator licence 6 701. Requirements for applying for an operator licence 7 702. Licence holder may surrender operator licence 8 703. Refusal to issue operator licence 8 704. Operator licence period 9 705. Operator licence expiry date 10 706. Operator licence conditions 10 707. Notice of renewal of operator licence 11 708. Renewal of operator licence 12 709. Refusal to renew 13 710. Date of expiry of renewed operator licence 13 711. Re-issue of operator licence 13
i
Regulation Page
712. Refusal to re-issue operator licence 14 713. Date of expiry of re-issued operator licence 15 714. Application for variation of operator licence 15 715. Refusal to vary operator licence 15 716. Conditions on restricted operator licence 16 717. Operator licence receipt 17 718. Form of operator licence document 17 719. Issue of replacement operator licence document 18 720. Records 19 721. Change of name, address or condition 19 Division 2—Variation, cancellation and suspension of
operator licences 20 722. Variation, suspension or cancellation of operator
licence 20 723. Procedures for variation, cancellation or suspension
of operator licence 22 724. Suspension of operator licence for purposes of
section 119(2) of the Act 24 725.
Prescribed time for suspension of operator licence 25 Division 3—Exemptions from requirement to hold
operator licence 25 726. Exemptions applying to licences issued outside
Victoria 25 727. Exemption from licensing requirements for vessels
operated under sail 27 728. Exemption from licensing requirements for persons
undergoing training 28 Division 4—General provisions relating to personal
watercraft endorsements 28 729. Requirements for applying for personal watercraft
endorsement 28 730.
Refusal to make personal watercraft endorsement 29 731. Operator licence receipt with personal watercraft
endorsement 30 Division 5—Variation or revocation of personal watercraft
endorsement 31 732. Operator licence holder may request revocation of
personal watercraft endorsement 31 733. Application for variation of personal watercraft
endorsement 31 734.
Refusal to vary personal watercraft endorsement 32
ii
Regulation Page 735. Variation or revocation of personal watercraft
endorsement 33 736. Procedures for variation or revocation of personal
watercraft endorsement 34 Division 6—Tests in relation to regulated recreational
vessels 36
737. Tests 36 Division 7—Internal review procedures for operator
licences and personal watercraft endorsements 37
738 . Application for internal review 37 739. Applicant entitled to be given reasons 39 13. Fees relating to operator licences and personal watercraft
endorsements 39 Division 4—Operator licences and personal watercraft
endorsements 40
830. Fee for operator licence and personal watercraft
endorsement 40
831. Fee for replacement operator licence 40 832. Fee for search of records of operator licences 41 833. Refund of fee 41 834. Operator licence knowledge test fee 41
14. Substitution of regulation 903 42
903. Payment of penalty 42
15. Transitional provision—marine infringement notices 42 1008. Marine infringements committed before the
commencement of the Marine (Amendment) Regulations
2001 42
16. New Part 11 inserted 43 PART 11—EVIDENTIARY REQUIREMENTS 44 1100. Certificate as to matter extracted from the Board's
records 44 1101.
Certificate as to name in which vessel is registered 44
17. Schedule 11 amended 44 18. Schedule 12 amended 44 19. Substitution of Schedule of marine infringements 44 SCHEDULE 13—Marine Infringements 44 20. Amendment to Schedule 14 62
═══════════════
ENDNOTES 63
iii
STATUTORY RULES 2001
S.R. No. 127/2001
Marine Act 1988
Marine (Amendment) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 27 November 2001
Responsible Minister:CANDY BROAD Minister for Ports
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to amend the Marine Regulations 1999 to—
(a) prescribe additional requirements for certain vessels in relation to certificates of survey; and (b) provide for operator licences in respect of regulated recreational vessels; and (c) provide for endorsements on operator and
(d)
prescribe the fees to be charged in relation to operator licences and personal watercraft endorsements; and
(e)
prescribe particulars for notices relating to offences involving alcohol or other drugs; and
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 2
(f) prescribe additional offences for which and
(g)
provide for other matters authorised by the Marine Act 1988.
2. Authorising provisions
These Regulations are made under sections 105, 108, 109, 116, 117, 118, 119, 120 and 125 of the Marine Act 1988.
3. Commencement
These Regulations come into operation on
3 December 2001.
4. Principal Regulations
In these Regulations, the Marine Regulations
19991 are called the Principal Regulations.
5. Amendments to objectives
In regulation 100 of the Principal Regulations,
after paragraph (e) insert—"(ea) to provide for operator licences in respect of
regulated recreational vessels;
(eb) to provide for endorsements on operator licences in respect of personal watercraft;".
6. Amendments to definitions
In regulation 103 of the Principal Regulations,
insert the following definitions—' "expiry date" in relation to an operator licence,
means the date determined in accordance
with regulation 705 to be the date on which
that licence expires;
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| r. 7 | S.R. No. 127/2001 |
"Roads Corporation" has the same meaning as in the Transport Act 1983;'.
7. Amendment to regulation 209
In regulation 209(2)(d) of the Principal
Regulations omit "1969".
8. Amendment to regulation 211
In regulation 211(2)(e) of the Principal
Regulations omit "1969".
9. Certificates of survey
After regulation 216 of the Principal Regulations insert—
'216A. Certificate of survey to be carried on board
certain vessels
(1) If a vessel is a trading vessel, fishing vessel
or hire and drive vessel, the owner of the vessel must ensure that the certificate of survey issued in respect of that vessel or a
certified copy of it—
(a) is carried on board the vessel; and
(b)
is displayed in a place and in a manner that it can be readily seen by any person on board the vessel—
at all times while the vessel is operating in
State waters.
Penalty: 10 penalty units.(2) If a vessel is a trading vessel or fishing
vessel, the master of the vessel must ensure
that the certificate of survey issued in respect
of that vessel or a certified copy of it—
(a) is carried on board the vessel; and
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 10
(b)
is displayed in a place and in a manner that it can be readily seen by any person on board the vessel—
at all times while the vessel is operating in
State waters.
Penalty: 10 penalty units.(3) For the purposes of this regulation, the Board
may certify a copy of a certificate of survey
to be a true copy of that certificate.
(4) In this regulation "certified copy" in
relation to a certificate of survey means a
copy of a certificate of survey that has been
certified to be a true copy of that certificate
by—
(a) the Board; or
(b)
a person authorised under section 107A(1) or 123C(1) of the Evidence Act 1958 to take affidavits or witness the signing of statutory declarations.'.
10. New heading to Part 5 inserted
For the heading to Part 5 of the Principal
Regulations substitute—
"PART 5—ALCOHOL AND DRUG TESTING
AND OTHER MATTERS"
11. New regulations 507 and 508 inserted
After regulation 506 of the Principal Regulations insert—
"507. Notice of immediate operator licence
suspension
A notice for the purposes of section 28C(1) of the Act must, in addition to the matters
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| r. 12 | S.R. No. 127/2001 |
referred to in that section, contain the
following details—
(a) the name and address of the accused; and (b) which the accused is charged and,
in the case of an offence under
paragraph (b), (e) or (f) of section 28(1)a statement of the offence with of alcohol in the blood of the accused; and
(c) the approximate time and place of commission of the offence with which the accused is charged; and (d) the name, signature and business address of the person who charged the accused; and (e) the date on which the notice was given to the accused. 508. Suspended operator licence document to be surrendered to Board
For the purposes of section 61BA(7) of
the Act, a person to whom section 61BA(1)
of the Act applies must surrender his or
her operator licence document to the
Board.".
12. Part 7 substituted
For Part 7 of the Principal Regulations substitute—
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 'PART 7—OPERATOR LICENCES AND PERSONAL WATERCRAFT ENDORSEMENTS
Division 1—General provisions relating to
operator licences
700. Eligibility to apply for an operator licence The following persons are not eligible to apply for an operator licence—
(a) a person who is disqualified from operating a regulated recreational vessel under the law of Victoria; (b) a person who is the holder of an operator licence that has been suspended, during the period of that suspension; (c) a person who is disqualified from operating a recreational vessel— (i) under the law of another State or a Territory of the Commonwealth; or
(ii) under the law of another country—
in circumstances which, if they
occurred in Victoria, would have
resulted in the person being disqualified
from operating a regulated recreationalvessel in Victoria;
(d)
a person who is the holder of a licence or other authority to operate a recreational vessel issued by another State or a Territory of the Commonwealth or another country that has been suspended, during the period of that suspension.
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| r. 12 | S.R. No. 127/2001 |
701. Requirements for applying for an operator licence
(1) An applicant for the issue of an operator
licence must give the Board an application in writing that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;(v) if there is no postal service to the applicant's residential address, the address for the service of notices; and
(b)
evidence to verify those personal details; and
(c)
evidence that the applicant has passed any test the Board has required the applicant to undergo under Part 10A of the Act; and
(d) the fee prescribed in Part 8.
(2) The Board may require an applicant for the issue of an operator licence—
(a)
to have his or her photograph or digitised image made or to provide a photograph or digitised image in a form approved by the Board; and
(b) to provide a specimen signature; and
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S.R. No. 127/2001 r. 12
(c) in the case of a person who has been disqualified from operating a recreational vessel in another State or a Territory of the Commonwealth, after being convicted of an offence involving alcohol or other drugs, to provide evidence that the applicant has complied with any requirements of the law of that State or Territory relating to the assessment of drivers convicted of offences involving alcohol or other drugs. 702. Licence holder may surrender operator licence
(1) The holder of an operator licence may, by
notice in writing to the Board, surrender his
or her operator licence to the Board for
cancellation.
(2) A notice under sub-regulation (1) must be
accompanied by the operator licence
document.
(3) The holder of an operator licence may
relevant authority in another State or a
surrender his or her operator licence to the country for cancellation. (4) The Board must cancel an operator licence if the holder of the licence surrenders his or her operator licence under sub-regulation (1)
or (3).
703. Refusal to issue operator licence
(1) The Board may refuse an application for the
issue of an operator licence if the Board is
satisfied that—
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| r. 12 | S.R. No. 127/2001 |
(a) the applicant has insufficient these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or
(b)
the applicant has refused to undergo, or has failed, any test the Board has required the applicant to undergo under Part 10A of the Act; or
(c)
in the case of an applicant who has been disqualified from operating a recreational vessel in another State or a
Territory of the Commonwealth, after
being convicted of an offence involving
alcohol or other drugs, the applicant has
failed to provide evidence that he or she
has complied with any requirements of
the law of that State or Territory
relating to the assessment of drivers
convicted of offences involving alcohol
or other drugs.(2) If, under sub-regulation (1), the Board
decides to refuse an application to issue an operator licence, the Board must notify the applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
704. Operator licence period
(1) An operator licence remains in force for the period determined by the Board which must be either for the period of 1 year, 3 years or 5 years.
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 (2) The Board may have regard to the period
applied for by the applicant in making a determination under sub-regulation (1).
705. Operator licence expiry date
(1) An operator licence expires at the end of the
day that is recorded in the records
maintained by the Board as the end of the
term specified in that operator licence.
(2) A personal watercraft endorsement on an
operator licence expires on the same date as
that of the operator licence of which it is a
part expires.
(3) In any proceedings for a contravention of the Act or regulations made under the Act, the record, that is kept by the Board, of the expiry date of a licence is admissible in evidence, and in the absence of evidence to the contrary, is proof that the licence expires on the day so recorded.
706. Operator licence conditions
(1) A condition to which an operator licence is
subject may be shown on the operator
licence by means of a code.
(2) If a condition is shown by a code, the
operator licence document must bear a note to the effect that the condition can be found out by inquiry of the Board.
(3) The holder of an operator licence that is
subject to conditions must carry, while
operating a regulated recreational vessel, a
notice issued by the Board containing a full
explanation of those conditions, if required
by the Board to do so.
Penalty: 1 penalty unit.
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| r. 12 | S.R. No. 127/2001 |
(4) If the code shown in column 1 of Table 706 is specified in a licence document it must be taken to indicate that the licence is subject to the condition set out opposite that code in
column 2 of that Table.
Table 706
Column 1 Column 2 Condition code Licence condition S That the operator licence holder
must wear corrective lenses at all
times while operating a regulated
recreational vessel or personal
watercraft.V That the operator licence holder
must operate only a regulated
recreational vessel that is fitted with
specified operator aids or modified
as directed in writing by the Board.X That the operator licence holder
must comply with any condition of
which he or she has been notified in
writing by the Board.
707. Notice of renewal of operator licence
(1) In this regulation "notice of renewal of an
operator licence" means a notice addressed
to the holder of the operator licence that
states that, if the operator licence is not
renewed on or before a date specified in the
notice, the operator licence will expire, or a
notice that is in or to that effect.
(2) If the Board fails to send a notice of renewal
of an operator licence or if the notice is not
received by the holder of the operator
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 licence, that failure or non-receipt does not
affect—
(a)
the expiry date of the operator licence; or
(b)
the obligation of the holder of the operator licence to renew the licence if he or she intends to operate a regulated recreational vessel after the expiry of his or her existing operator licence.
708. Renewal of operator licence his or her operator licence at any time before, or within 6 months after, the expiry date of the operator licence by giving the Board an application for renewal of the operator licence in the form approved by the Board that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;(v) if there is no postal service to the applicant's residential address, the address for the service of notices; and
(b)
evidence to verify those personal details; and
(c) the fee prescribed in Part 8.
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| r. 12 | S.R. No. 127/2001 |
709. Refusal to renew
(1) The Board must refuse an application to renew an operator licence if the applicant—
(a)
has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or
(b)
has refused to undergo, or has failed any test the Board has required the applicant to undergo under Part 10A of the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to renew an operator licence, the Board must notify the applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
710. Date of expiry of renewed operator licence
(1) The date on which a renewed operator
licence expires is to be calculated from the
expiry date of the operator licence being
renewed.
(2) Sub-regulation (1) does not have the effect
of retrospectively renewing the operator
licence.
711. Re-issue of operator licence or her operator licence re-issued at any time, more than 6 months but before 5 years, after the expiry date of the operator licence by giving the Board an application for re-issue of the operator licence in the form approved
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 by the Board that contains or is accompanied
by—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;(v) if there is no postal service to the applicant's residential address, the address for the service of notices; and
(b)
evidence to verify those personal details; and
(c) the fee prescribed in Part 8.
712. Refusal to re-issue operator licence
(1) The Board must refuse an application to re-
issue an operator licence if the applicant—
(a)
has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or
(b)
has refused to undergo, or has failed any test the Board has required the applicant to undergo under Part 10A of the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to re-issue an operator licence, the Board must notify the applicant of that decision.
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(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
713. Date of expiry of re-issued operator licence
(1) The date on which a re-issued operator
licence expires is to be calculated from the
date on which the operator licence is
re-issued.
(2) Sub-regulation (1) does not have the effect
of retrospectively re-issuing the operator
licence.
714. Application for variation of operator licence
An applicant for the variation of an operator licence must give the Board an application in writing that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;(v) if there is no postal service to the applicant's residential address, the address for the service of notices; and
(b)
evidence to verify those personal details; and
(c) details of the requested variation.
715. Refusal to vary operator licence
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 (1) The Board may refuse an application for the variation of an operator licence if the Board is satisfied that the applicant—
(a)
has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or
(b)
has refused to undergo, or has failed, any test the Board has required the applicant to undergo under Part 10A of the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to vary an operator licence, the Board must notify the applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
716. Conditions on restricted operator licence
(1) In addition to any conditions specified in the
licence, a restricted operator licence is
subject to the conditions specified in sub-
regulations (2) and (3).
(2) The holder of the restricted operator licence
must not operate a regulated recreational
vessel at a speed—
(a) of 10 knots or more in any one of the following circumstances— (i) if there is not in the vessel a person who is at least 16 years old and who is the holder of an operator licence of a class appropriate for that vessel;
Marine (Amendment) Regulations 2001
| r. 12 | S. | R. No. 127/2001 (ii) before sunrise; (iii) after sunset; |
(b) of more than 20 knots in any other case. (3) The holder of a restricted operator licence
must not operate a regulated recreational
vessel if the vessel is towing a person,another vessel or an object.
717. Operator licence receipt
(1) The Board may issue an operator licence receipt as an interim measure prior to the issue of an operator licence document in the
form required by regulation 718.
(2) An operator licence receipt must be in the
form of the operator licence document
required by regulation 718 except for the
photograph or digitised image of the person.
(3) An operator licence receipt issued under sub-
regulation (1) may be produced as evidence of the grant of an operator licence for three months from the date the operator licence
receipt was issued.
718. Form of operator licence document details of the following—
(a)
an identification number for the person to whom it is issued; and
(b)
the first name, second and third initials (if any) and family name of the person; and
(c)
a photograph or digitised image of the person; and
(d) the person's residential address; and
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 (e) the person's date of birth; and
(f)
the person's signature (or a reproduction of that signature); and
(g) the expiry date of the licence; and
(h) the code for any condition to which the licence is subject in accordance with regulation 706; and (i) if the licence has a personal watercraft endorsement, the code "PWC".
719. Issue of replacement operator licence document
(1) The Board may, upon payment by the holder of an operator licence of the fee prescribed in Part 8, issue a replacement operator licence
document to replace one which has been stolen, lost, damaged, destroyed, mislaid, mutilated or rendered illegible in any way.
(2) The holder of an operator licence who
applies for a replacement operator licence
document must provide to the Board—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;(v) if there is no postal service to the applicant's residential address, the address for the service of notices; and
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(b)
evidence to verify those personal details.
720. Records
(1) The Board must maintain records in respect
of each operator licence which include
details of the following—
(a) the identification number allocated to the person to whom the operator licence was issued; and (b) the person's family name, first name and any second and third initial; and (c) the person's gender and date of birth; and (d) the person's residential address and address for service of notices (if any); and (e) the commencement and expiry dates of the operator licence; and (f) any condition to which the operator licence is subject; and (g) whether the licence has a personal watercraft endorsement. (2) Any person whose name appears in records referred to in sub-regulation (1) is entitled, on payment of the fee prescribed in Part 8, to
request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to him or her.
721. Change of name, address or condition
(1) The holder of an operator licence must notify
the Board, not more than 14 days after the
change, about any change in his or her—
(a) name; or
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 (b) residential address; or
(c)
postal address or address for service of notices.
Penalty: 1 penalty unit.
(2) Unless required by the Board, the advice
from the person referred to in sub-regulation
(1) need not be in writing.
(3) The holder of an operator licence must, as
soon as practicable, notify the Board of any permanent or long term injury or illness that may impair his or her ability to operate a
regulated recreational vessel safely.
Penalty: 1 penalty unit.
Division 2—Variation, cancellation and
suspension of operator licences
722. Variation, suspension or cancellation of operator licence
(1) The Board may—
(a) vary an operator licence; or
(b)
vary the conditions on an operator licence; or
(c) suspend an operator licence; or
(d) cancel an operator licence—
if it appears to the Board that—
(e)
the holder of the licence has refused to undergo, or has failed, any test the Board has required the person to undergo under Part 10A of the Act; or
(f)
it would be dangerous for the holder of the licence to operate a regulated recreational vessel because of illness or
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| r. 12 | S. | R. No. 127/2001 |
| bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or |
(g) insufficient knowledge of the
the holder of the licence has or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or
(h) a court order requires the holder of the licence to pay a sum of money by way of a fine, penalty, costs or restitution or any two of those things and— (i) the order was made in respect of an offence arising out of the use of a regulated recreational vessel in Victoria, including a marine infringement; and
(ii) a person authorised by law to the enforcement of the court order notifies the Board that the Order is wholly or partially unsatisfied; or
(i) the holder of the licence is not, under regulation 700, eligible to apply for an operator licence; or
(j)
the operator licence was issued in error; or
(k)
a cheque submitted to the Board as payment of a fee under these Regulations has been dishonoured; or
(l)
the holder of the licence has been convicted in another State or a Territory of the Commonwealth or another country of an offence which, if
Marine (Amendment) Regulations 2001
r. 12
S. R. No. 127/2001 licence or other authority in that State,
the person had been the holder of a enabled the relevant authority in that State, Territory or country to suspend or cancel the person's licence or other authority; or
(m)
the holder of the licence has failed to comply with a condition of the operator licence.
(2) The Board must suspend or cancel an
disqualified from operating a general
recreational vessel in another State or aoperator licence if the holder of the licence is country or the person's licence in that State, Territory or country has been cancelled because of a judgement, order or decision made under, or otherwise by operation of, the law of that State, Territory or country. (3) The Board may vary an operator licence to
correct any error or omission in it and issue a
replacement operator licence document.
723. Procedures for variation, cancellation or suspension of operator licence
(1) If, under regulation 722(1), the Board decides to—
(a) vary an operator licence; or
(b)
vary the conditions on an operator licence; or
(c) suspend an operator licence; or
(d) cancel an operator licence—
the Board must notify the holder of the
licence of that decision, and that decision
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| r. 12 | S.R. No. 127/2001 |
must not take effect until at least 28 days
after the notice is given.(2) A notice under sub-section (1) must be in writing and must set out—
(a) the reasons for the variation, suspension or cancellation; and (b) the effect of the variation, suspension or cancellation; and (c) the date of the variation, suspension or cancellation; and (d) the action that may be taken by the holder of the licence in order to avoid the variation, suspension or cancellation; and (e) the date by which the holder of the licence must take that action. (3) An operator licence is varied, suspended or cancelled in accordance with the terms of a notice given under sub-regulation (1) on the date specified in the notice unless the Board, by further notice in writing, withdraws the
notice.
(4) This regulation does not apply to the
suspension of an operator licence under
section 119(2) of the Act.
(5) If an operator licence is varied, suspended or
cancelled—
(a)
by the Board under section 119 of the Act; or
(b) by a court—
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 the holder of that licence must, upon being
given a notice of the variation, suspension orcancellation—
(c)
give the operator licence immediately to the person who gave the notice; or
(d)
send or take the operator licence to the place specified in the notice within the period specified in the notice.
Penalty: 5 penalty units.
(6) If, under section 119 of the Act, the Board
has—
(a) varied an operator licence; or
(b) varied the conditions of an operator licence— the Board must, upon receiving the operator licence from the holder under sub-regulation (5), issue the holder with a replacement
operator licence document.
724. Suspension of operator licence for purposes of section 119(2) of the Act
(1) The Board must not suspend an operator
722(1)(e) unless the Board notifies the
holder of the licence, in writing, that thelicence for the reasons specified in regulation licence and sets out in the notice—
(a) the reasons for the suspension; and
(b)
the effect of the suspension and the date on which the suspension takes effect; and
(c)
the date by which the holder must return the operator licence to the Board.
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| r. 12 | S.R. No. 127/2001 |
(2) An operator licence is suspended in
accordance with the terms of a notice given
under sub-regulation (1) on the date
specified in the notice unless the Board, by
further notice in writing, withdraws the
notice.(3) If an operator licence is suspended by the Board under section 119(2) of the Act the holder of the licence must, upon being given
a notice of suspension under sub-
regulation (1)—
(a)
give the operator licence immediately to the person who gave the notice; or
(b)
send or take the operator licence to the place specified in the notice within the period specified in the notice.
Penalty: 5 penalty units.
725. Prescribed time for suspension of operator licence
For the purposes of section 119(1)(c) of the operator licence may be suspended is any period up to 12 months as determined by the Board.
Division 3—Exemptions from requirement to
hold operator licence
726. Exemptions applying to licences issued outside Victoria
(1) A person who—
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12
(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, is exempted
from the requirement to hold an operator
licence of the class that authorises the person
to operate that class of regulated recreational
vessel.(2) A person is not exempt or ceases to be
exempt under sub-regulation (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) authority issued in another country has
a permanent visa issued by theif the holder of the licence or other 3 months; or
Marine (Amendment) Regulations 2001
| r. 12 | S.R. No. 127/2001 |
(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 Board, 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 Board forms an opinion on the matters
set out in sub-regulation (2)(d) the Board
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. 727. Exemption from licensing requirements for vessels operated under sail
A person who is the operator of a regulated recreational vessel that is—
(a) engaged solely in sailing; and
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12
(b) is not using any mechanical means of propulsion— is exempt from the requirement to hold an operator licence under Part 10A of the Act while so operating that vessel.
728. Exemption from licensing requirements for persons undergoing training
A person who—
(a)
is operating a regulated recreational vessel as part of a training course approved by the Board for the purposes of obtaining an operator licence; and
(b)
is accompanied in the vessel by a person who is approved by the Board to conduct training courses for the purposes of obtaining an operator licence—
is exempt from the requirement to obtain an
operator licence under Part 10A of the Actwhile so operating that vessel.
Division 4—General provisions relating to
personal watercraft endorsements
729. Requirements for applying for personal watercraft endorsement
An applicant for the making of a personal watercraft endorsement must give the Board an application in writing that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
Marine (Amendment) Regulations 2001
| r. 12 | S. | R. No. 127/2001 (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; |
|
(b)
evidence to verify those personal details; and
(c)
evidence that the applicant has passed any test the Board has required the applicant to undergo under Part 10A of the Act; and
(d)
the applicant's current operator licence; and
(e) the fee prescribed in Part 8.
730. Refusal to make personal watercraft endorsement
(1) The Board may refuse an application for the making of a personal watercraft endorsement if the Board is satisfied that—
(a)
the applicant has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of personal watercraft; or
(b)
the applicant has refused to undergo, or has failed, any test the Board has required the applicant to undergo under Part 10A of the Act; or
(c)
in the case of an applicant who has been disqualified from operating a recreational vessel in another State or a
Marine (Amendment) Regulations 2001
r. 12
S. R. No. 127/2001 Territory of the Commonwealth, after
being convicted of an offence involving
alcohol or other drugs, the applicant has
failed to provide evidence that he or she
has complied with any requirements of
the law of that State or Territory
relating to the assessment of drivers
convicted of offences involving alcohol
or other drugs.(2) If, under sub-regulation (1), the Board
decides to refuse an application to make a
personal watercraft endorsement on an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
731. Operator licence receipt with personal watercraft endorsement
(1) The Board may issue an operator licence
receipt with a personal watercraft
endorsement as an interim measure prior to
the issue of an endorsed operator licence
document in the form required by
regulation 718.
(2) An operator licence receipt with a personal watercraft endorsement must be in the form of the operator licence document required by
regulation 718 except for the photograph or
digitised image of the person.(3) An operator licence receipt with a personal
watercraft endorsement issued under sub-
regulation (1) may be produced as evidence
of the grant of an operator licence as so
endorsed for three months from the date the
operator licence receipt was issued.
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| r. 12 | S.R. No. 127/2001 |
Division 5—Variation or revocation of
personal watercraft endorsement
732. Operator licence holder may request endorsement
(1) The holder of an operator licence with a personal watercraft endorsement may, in writing, request the Board to revoke the personal watercraft endorsement on the licence.
(2) A request under sub-regulation (1) must be
accompanied by the operator licence
document.
(3) The Board must revoke a personal watercraft
endorsement on an operator licence if requested to do so by the holder of the licence under sub-regulation (1).
(4) If the Board has revoked the personal
watercraft endorsement in accordance with a
request under sub-regulation (1), the Board
must issue a replacement operator licence
document without a personal watercraft
endorsement.
733. Application for variation of personal watercraft endorsement
An applicant for the variation of a personal watercraft endorsement must give the Board an application in writing that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third initials (if any) and family name of the applicant;
Marine (Amendment) Regulations 2001
r. 12
S. R. No. 127/2001
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v)
if there is no postal service to the applicant's residential address, the address for the service of notices; and
(b)
evidence to verify those personal details; and
(c) details of the requested variation.
734. Refusal to vary personal watercraft endorsement
(1) The Board may refuse an application for the
variation of a personal watercraft
endorsement if the Board is satisfied that the
applicant—
(a) has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of personal watercraft; or (b) has refused to undergo, or has failed, any test the Board has required the applicant to undergo under Part 10A of the Act. (2) If, under sub-regulation (1), the Board
decides to refuse an application to vary a
personal watercraft endorsement on an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
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| r. 12 | S.R. No. 127/2001 |
735. Variation or revocation of personal watercraft endorsement
(1) The Board may—
(a)
vary a personal watercraft endorsement; or
(b)
vary the conditions of a personal watercraft endorsement; or
(c) revoke a personal watercraft
endorsement—on an operator licence if it appears to the
Board that—
(d) the holder of the licence has refused to undergo, or has failed, any test the Board has required the person to undergo under Part 10A of the Act; or (e) it would be dangerous for the holder of the licence to operate a personal watercraft because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or (f) insufficient knowledge of the
the holder of the licence has or any notice under section 15 of the Act applying to the operation of personal watercraft; or
(g) a court order requires the holder of the licence to pay a sum of money by way of a fine, penalty, costs or restitution or any two of those things and— (i) the order was made in respect of an offence arising out of the use of a personal watercraft in Victoria,
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 including a marine infringement;
and
(ii) a person authorised by law to the enforcement of a court order notifies the Board that the Order is wholly or partially unsatisfied; or
(h) the personal watercraft endorsement
was made in error; or(i) a cheque submitted to the Board as payment of a fee under these Regulations has been dishonoured; or
(j)
the holder of the licence has been convicted in another State or a Territory of the Commonwealth or another country of an offence which, if the person had been the holder of a licence or other authority in that State, Territory or country would have enabled the relevant authority in that State, Territory or country to suspend or cancel the person's licence or other authority.
(2) The Board must revoke a personal watercraft
endorsement on an operator licence if the holder of the licence is disqualified from operating a personal watercraft in another
State or a Territory of the Commonwealth or the person's licence or other authority in that State or Territory has been cancelled because of a judgement, order or decision made
under, or otherwise by operation of, the law
of that State or Territory.736. Procedures for variation or revocation of personal watercraft endorsement
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| r. 12 | S.R. No. 127/2001 |
(1) If, under regulation 735(1), the Board decides to—
(a) vary a personal watercraft endorsement; or (b) vary the conditions of a personal watercraft endorsement; or (c) revoke a personal watercraft
endorsement—on an operator licence the Board must notify the holder of the licence of that decision, and that decision must not take effect until at
least 28 days after the notice is given. (2) A notice under sub-regulation (1) must be in
writing and must set out—
(a) the reasons for the variation or revocation; and (b) the effect of the variation or revocation; and (c) the date of the variation or revocation; and (d) the action that may be taken by the holder of the licence in order to avoid the variation or revocation; and (e) the date by which the holder of the licence must take that action. (3) A personal watercraft endorsement on an
operator licence is varied or revoked in
accordance with the terms of a notice given
under sub- regulation (1) on the date
specified in the notice unless the Board, by
further notice in writing, withdraws the
notice.
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 12 (4) If a personal watercraft endorsement on an operator licence is revoked or varied by the Board under section 119 of the Act, the
holder of the licence must, upon being given
a notice of variation or revocation—
(a) give the endorsed operator licence immediately to the person who gave the notice; or (b) send or take the endorsed operator licence to the place specified in the notice within the period specified in the notice.
Penalty: 5 penalty units.
(5) The Board must, upon receiving the
endorsed operator licence from the holder under sub-regulation (4), issue the holder with a replacement operator licence
document.
Division 6—Tests in relation to regulated
recreational vessels
737. Tests
(1) For the purposes of section 120 of the Act, a
test described in Column 1 of Table 737
must be carried out by a person of the class
described in Column 2 of the Table in
relation to that test.
(2) The Board must accept, for the purposes of section 120, a certificate of the results of a medical examination conducted in another State or a Territory of the Commonwealth if
Marine (Amendment) Regulations 2001
| r. 12 | S.R. No. 127/2001 |
that examination is carried out by a person
who is authorised to do so under thisregulation.
Table 737
Column 1 Column 2 Test Prescribed class Medical test. Registered medical
practitioners.Tests related to Registered medical eyesight. practitioners, optometrists, occupational therapists, officers of the Board and
officers of the Roads
Corporation authorised
in writing by the Board
for the purpose.An evaluation of an Occupational therapists operator's physical and and persons authorised in cognitive abilities or writing by the Board to skills to operate a conduct tests of physical regulated recreational and cognitive abilities to vessel. operate a regulated recreational vessel. Tests of knowledge of Officers of the Board, the provisions of the officers of the Roads Act, these Regulations Corporation and persons or any notice under approved in writing by section 15 of the Act the Board. applying to the
operation of regulated
recreational vessels.Division 7—Internal review procedures for operator licences and personal watercraft
endorsements
738 . Application for internal review
(1) If the Board decides to—
Marine (Amendment) Regulations 2001
r. 12
r. 12
S.R. No. 127/2001
(a) refuse an application for an operator licence or an application to vary, renew or re-issue an operator licence; or (b) refuse an application for a personal watercraft endorsement on an operator licence or an application to vary, renew or re-issue such an endorsement; or (c) vary a condition on an operator licence or a personal watercraft endorsement under section 119 of the Act; or (d) suspend, vary or cancel an operator licence under section 119 of the Act; or (e) vary or revoke a personal watercraft endorsement on an operator licence under section 119 of the Act— the applicant or holder of the licence (as the case requires) may apply to the Board for an internal review of the Board's decision.
(2) An application under sub-regulation (1) must be made within 28 days of the day on which the person is notified of the Board's decision under these Regulations.
(3) The Board must notify each person who is
entitled for a review of a decision under sub- regulation (1) of his or her right to apply for such a review.
(4) The Board must give the notice under sub-
regulation (3) within 14 days after the
making of the decision.
(5) A decision must not be reviewed by the person who made the decision.
(6) After considering an application for review, the Board must—
(a) affirm the decision; or
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| r. 13 | S.R. No. 127/2001 |
(b) vary the decision; or (c) revoke the decision.
(7) The Board must notify the person who applied for the review in writing of its decision under sub-regulation (6) within 28
days after the day on which the application
for internal review is received by the Board.(8) The making of an application for internal
review of a decision does not stay the
operation of the decision.
739. Applicant entitled to be given reasons
(1) If a person is entitled to apply for a review of
a decision by the Board under regulation
738, the person may apply to the Board for
written reasons for the decision.
(2) The Board must, within 28 days of receiving
an application under sub-regulation (1),
provide to the person who made the
application—
(a)
the decision of the Board and the reasons for that decision; and
(b)
the name or position of the person who made the decision.
(3) A person is not entitled to make an
application under sub-regulation (1) if the written reasons for its decision.'.
13. Fees relating to operator licences and personal watercraft endorsements
In Part 8 of the Principal Regulations, after regulation 829, insert—
Marine (Amendment) Regulations 2001
S.R. No. 127/2001
"Division 4—Operator licences and personal
watercraft endorsements
830. Fee for operator licence and personal watercraft endorsement
The fee which must be paid to the Board for the issue, renewal or re-issue of an operator licence or the making of a personal
watercraft endorsement of a class specified in column 2 of Table 830 is the amount set out in column 3 of the Table opposite that class of licence or endorsement.
Table 830
Class of licence
Item or endorsement Fee 1 General operator $25.00 per annum licence 2 Restricted operator $12.50 per annum licence 3 Personal watercraft $5.00 per annum endorsement on a
general operator
licence4 Personal watercraft $2.50 per annum endorsement on
restricted operator
licence
831. Fee for replacement operator licence
Marine (Amendment) Regulations 2001
| r. 13 | S.R. No. 127/2001 |
The fee which must be paid to the Board for the issue of a replacement operator licence under regulation 719 is $16.00.
832. Fee for search of records of operator licences
The fee which must be paid to the Board for a search of the Board's records and a certificate as to any matter appearing in those records under regulation 720 is $6.50.
833. Refund of fee licence that has been issued by the Board for a period of 3 years or 5 years whether—
(a) upon receiving a notification from the surrender the operator licence; or
(b) under regulation 722—
the Board may refund part of the fee for the
issue of the operator licence, calculated in
accordance with the formula—89 A
× × C 100 B
where—
A is the unexpired number of months ofduration of the operator licence; and B is the total number of months for which
the operator licence was granted; and C is the amount paid for the operator
licence.
834. Operator licence knowledge test fee
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 14 The fee which must be paid to the Board for a person to sit a test the person is required by the Board to undergo under Part 10A of the
Act is $20.00.".
14. Substitution of regulation 903
For regulation 903 of the Principal Regulations substitute—
"903. Payment of penalty
For the purposes of section 61(3) or 61BA(6) of the Act, payment of a penalty may be made by posting or delivering the amount of the penalty to the address specified in the marine infringement notice as the address for payment of the penalty.".
15. Transitional provision—marine infringement notices After regulation 1007 of the Principal Regulations insert—
"1008. Marine infringements committed before the
commencement of the Marine
(Amendment) Regulations 2001
(1) If, in the case of a marine infringement
committed against these Regulations before
the commencement of the Marine
(Amendment) Regulations 2001 in respect of
which a marine infringement notice has not
been issued before that commencement, the
infringement is of a class of infringements
that has been re-enacted under regulation 19
of the Marine (Amendment) Regulations
2001, on and from that commencement the
marine infringement is to be taken to be a
Marine (Amendment) Regulations 2001
| r. 15 | S.R. No. 127/2001 |
marine infringement under these Regulations
with the relevant description of offence and
penalty under Schedule 13 and a marine
infringement notice for that marine
infringement may be issued or served in
accordance with these Regulations.(2) If, in the case of a marine infringement
committed against these Regulations before
the commencement of the Marine
(Amendment) Regulations 2001, in respect
of which a marine infringement notice has
been issued before that commencement—
(a) infringements that has not been re-
enacted under regulation 19 of the
Marine (Amendment) Regulationsthe infringement is of a class of the marine infringement is to be taken to continue to be a marine infringement under Schedule 13 and that marine infringement may be dealt with in accordance with these Regulations as if the Marine (Amendment) Regulations 2001 has not been enacted; or
(b) infringements that has been re-enacted
under regulation 19 of the Marine
(Amendment) Regulations 2001, the
marine infringement is to be taken to be
a marine infringement under these
Regulations with the relevant
description of offence and penaltythe infringement is of a class of with in accordance with these Regulations.".
16. New Part 11 inserted
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 16 r. 18 After Part 10 of the Principal Regulations, insert—
"PART 11—EVIDENTIARY REQUIREMENTS
1100. Certificate as to matter extracted from the Board's records
For the purposes of section 89(1) of the Act, the prescribed form for a certificate is the form in Schedule 11.
1101. Certificate as to name in which vessel is registered
For the purposes of section 89(3) of the Act, the prescribed form for a certificate is the form in Schedule 12.".
17. Schedule 11 amended
In Schedule 11 to the Principal Regulations, for
"700" substitute "1100".
18. Schedule 12 amended
In Schedule 12 to the Principal Regulations, for
"701" substitute "1101".
19. Substitution of Schedule of marine infringements For Schedule 13 to the Principal Regulations substitute—
"SCHEDULE 13
Regulation 900
MARINE INFRINGEMENTS
"MA" means the Act; and
"MR" means Marine Regulations 1999;
Marine (Amendment) Regulations 2001
| r. 19 | S.R. No. 127/2001 |
"Notice" means Notice No. 1 made under section 15 of the
Act on 26 June 1998 and published in Government
Gazette Number G 26 on 2 July 1998 (pages 1706—
1824) as amended from time to time.
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty Registration
2251 Operate an MA $120 unregistered vessel or s. 8(1)(a) vessel not exempt from registration
2252 Own or be in charge MA $120 of an unregistered s. 8(1)(b) vessel or vessel not
exempt from
registration and cause
or allow it to be
operated2253 Operate or cause or MA s. 8(2) $120 allow operation of a vessel in breach of a condition of
registration 2254 Fail to fix registration MR $80 label in conspicuous r. 402(2) position 2255 Fail to fix MR $80 identification mark in r. 402(5) a conspicuous
position2256 Fail to comply with MR $80 requirements for r. 405(1), transfer of 405(2) registration
Marine (Amendment) Regulations 2001
S.R. No. 127/2001
Safety Distances, Speed Restrictions etc.
State Waters
2257 Contravene a notice MA $160 by operating a vessel s. 15(3) at a speed exceeding Notice 5 knots within cl. 2(a) 50 metres of a person 2258 Operate a vessel at a MA $160 speed exceeding s. 15(3) 5 knots within Notice 100 metres of a cl. 2(b) divers flag in
contravention of the
NoticeColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2259 Operate a vessel at a MA $160 speed exceeding s. 15(3) 5 knots within Notice 50 metres of another cl. 2(c) vessel in
contravention of the
Notice2260 Operate a sailboard in MA $120 contravention of the s. 15(3) Notice
Notice cl. 17
Inland Waters
2261 Operate a vessel at a MA $160 speed exceeding s. 15(3) 5 knots within Notice 50 metres of the cl. 3 water's edge or a
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| r. 19 | S.R. No. 127/2001 |
| structure in contravention of the Notice |
Coastal Waters and Ports
2262 Operate a vessel at a MA $160 speed exceeding s. 15(3) 5 knots Notice
cl. 4
(a) within
200 metres of the
water's edge
except in an
access lane;(b) within 50 metres
of a wharf or
similar structure
except in an
access lane;
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty (c) when passing through an
anchorage forsmall vessels—
in contravention of
the Notice
Miscellaneous Navigation Offences
2263 Operate a vessel in an MA $160 access lane in s. 15(3) contravention of the Notice Notice cl. 6 2264 Operate a vessel at a MA $160 speed exceeding a s. 15(3) speed limit in Notice specified areas of cl. 7 water in
contravention of the
Notice
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19
2265 Enter prohibited area MA $160 towing water skier or s. 15(3) when water-skiing in Notice contravention of the cl. 8 Notice 2266 Operate a vessel in a MA $160 prohibited area in s. 15(3) contravention of the Notice Notice cl. 9 2267 Operate a vessel with MA $160 an engine in a s. 15(3) prohibited area in Notice contravention of the cl. 10 Notice Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2268 Fail to operate vessel MA $160 in a manner which s. 15(3) creates minimal or no Notice wash in a no wash cl. 11 zone in contravention
of the Notice2269 Operate a vessel with MA $160 an engine in a s. 15(3) direction in Notice contravention of the cl. 14 Notice in inland
waters2270 Operate a vessel or MA $160 engage in an activity s. 15(3) in a prohibited area Notice of water in cl. 12 contravention of the
Notice2271 Use waters contrary MA $160 to conditions of use s. 15(3)
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| ||||
| of that Notice |
2272 Fail to give way to MA $160 other vessel when s. 15(3) departing from shore Notice on a vessel with an cl. 15 engine in
contravention of the
NoticeColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty Water skiers
2273 Fail to wear approved MA $160 lifejacket, buoyancy s. 15(3) vest, buoyancy Notice garment or personal cl. 18 flotation device when
water-skiing in
contravention of the
Notice2274 Tow water skiers in MA $120 contravention of the s. 15(3) Notice
Notice cl. 19
Smoke and Noise
2275 Operate a vessel MA $80 emitting annoying or s. 15(3) dangerous smoke, Notice visible vapour or cl. 20 smells in
contravention of the
Notice
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2276 Operate vessel MA $80 without adequate s. 15(3) silencing device Notice securely fixed to cl. 21(1)(a) engine in
contravention of the
Notice2277 Operate a vessel MA $80 without a silencing s. 15(3) device that does not Notice have a cut out or cl. 21(1)(b) similar device in
contravention of the
NoticeColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2278 Operate vessel so as MA $80 to create undue noise s. 15(3) in contravention of Notice the Notice cl. 21(2) Miscellaneous Offences
2283 Fail to properly MA $160 report an accident to s. 20(3) the Board being the owner or master of a trading or fishing
vessel 2284 Fail to obey a MA $160 direction given by a s. 21(2) member of the police force or an authorised officer
2286 Tamper with a vessel MA s. 24 $120
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| r. 19 | S.R. No. 127/2001 |
| without just cause or excuse |
2288 Obstruct an officer in MA s. 92 $160 the exercise of his or
her duty2289 Re-fuel vessel at a MR r. 233 $200 wharf, jetty or pier with passengers on board
2291 Permit a naked flame MR $160 to be installed in r. 234(1) compartment of
vessel containing
motors or fuel tank2292 Permit naked flame MR $200 to be used near motor r. 234(2) or fuel tank on vessel 2293 Overload vessel MR r. 236 $200 Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2294 Fail to give MA s. 18 $80 information when
required2295 Fail to stop vessel MA $120 when required s. 19(3) 2296 Refuse or fail to state MA $120 name and address or s. 19(4)(a) state false name and or (b), address 60(7)(a)
or (b)2298 Bathe within MA $120 50 metres of a s. 15(3) launching ramp being Notice used or about to be cl. 16 used or an access
lane in contravention
of the Notice2299 Refuse or fail to MA $160
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19 allow a vessel to be s. 13(3) inspected
2300 Operate a MA $120 recreational or hire s. 15(3) and drive vessel Notice engaged in diving cl. 22 operations without
exhibiting a flag
indicating diver
below in
contravention of the
Notice2301 Engage in diving MA $120 without a buoy or s. 15(3) flag displayed in Notice contravention of the cl. 23 Notice Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty Equipment Offences—Recreational Vessels
All State Waters
2302 Fail to carry MR $80 lifejacket or personal r. 230(1), flotation device for 230(2), each person on board Schedules and being towed 4 and 5 2303 Fail to carry paddles MR $80 or oars or rowlocks r. 2301(1),
230(2)
Schedules
4 and 52304 Fail to carry bailer, MR $80 manual pump or have r. 230(1), efficient bilge pump 230(2),
Schedules
4 and 52305 Fail to carry MR $80 waterproof torch or r. 230(1), lantern 230(2),
Marine (Amendment) Regulations 2001
| r. 19 | r. 19 | S.R. No. 127/2001 |
Schedules
4 and 5
2306 Fail to carry portable MR $80 fire extinguisher if r. 230(1), fuel carried 230(2) ,
Schedules
4 and 52307 Fail to carry a bucket MR $80 with lanyard r. 230(1),
230(2) ,
Schedules
4 and 5Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2308 Fail to carry a MR $80 lifebuoy r. 230(1),
230(2),
Schedules
4 and 5State Waters Other Than Inland Or Enclosed Waters
2309 Fail to carry a MR $80 compass r. 230(1),
230(2),
Schedule 42310 Fail to carry a dinghy MR $80 or liferaft r. 230(1),
Schedule 42311 Fail to carry hand MR $80 held red flares or r. 230(1), orange smoke signal Schedule 4 2312 Fail to carry an MR $80 efficient anchor r. 230(1),
Schedule 42313 Fail to carry anchor MR $80 cable r. 230(1)
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19 (b),
Schedule 4
2314 Operate a vessel in MR r. 232 $160 State waters with
persons under the age
of 10 not wearing
personal flotation
deviceFurther Miscellaneous Offences
2315 Fail to ensure MR r. 235 $120 equipment is readily
accessible and in
good orderColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2316 Permit vessel to be MA $120 moored or secured to s. 15(3) navigation marker, Notice beacon, buoy, pole or cl. 23A post in contravention
of the Notice2317 Anchor vessel in MA $120 navigation channel or s. 15(3) the area of State Notice waters which cl. 23B impedes or may
impede any other
vessel in
contravention of the
NoticeHire and Drive Vessel Offences
2319 Being a person in MA $160 charge of a vessel fail s. 20(1) to render assistance, exchange details and report accident
2320 Being the owner of a MR $80 vessel fail to maintain r. 217(1) register of contracts
Marine (Amendment) Regulations 2001
| r. 19 | S.R. No. 127/2001 |
2321 Being the hirer of a MR $80 vessel fail to provide r. 217(2) details of contracts 2322 Being the owner of a MR $80 vessel fail to produce r. 217(3) register of contracts
for inspectionColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2323 Being the owner of a MR $80 vessel fail to notify r. 218(1) Board of sale or
disposal of hire and
drive vessel2324 Being the purchaser MR $80 of a vessel fail to r. 218(2) notify Board of
purchase or
acquisition of hire
and drive vessel2325 Being the owner of a MR r. 219 $160 vessel fail to report accident involving hire and drive vessel
2326 Being the hirer or MR r. 220 $160 operator of a vessel
allow improper use of
equipment or permit
vessel to go outside
limits specified in the
certificate of survey2327 Being the owner of a MR $200 vessel fail to r. 221(1) reasonably ensure
competence of hirer
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19
2328 Being the owner of a MR $220 vessel fail to give r. 221(2) hirer instructions
about use of hire and
drive vessel2329 Being the owner of a MR $200 vessel fail to obtain r. 221(4) signed statement
from hirerColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2330 Act in reckless, MR $240 negligent or r. 222(1), dangerous manner 222(2) when operating or
being towed or
propelled by a hire
and drive vessel2331 Being the owner or MR $160 hirer of a vessel fail r. 223(1), to ensure person 223(2) under 10 wearing personal flotation device
2332 Being the owner, MR $200 hirer or operator of a r. 224(1), vessel permit vessel 224(2) to be refuelled at
wharf etc. with
passengers on board2334 Being the owner of a MR $160 vessel permit r. 225(1) appliances producing
a naked flame to be
installed in
compartment of
vessel containing
motors or fuel tank
Marine (Amendment) Regulations 2001
S.R. No. 127/2001
2335 Permit appliances MR $200 producing a naked r. 225(2), flame to be used in 225(3) compartments of a
vessel containing
motor or fuel tankColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2336 Being the owner of a MR r. 226 $120 vessel fail to have equipment readily accessible and in good order
2337 Being the owner or MR $200 operator of a vessel r. 227(1), overload vessel 227(2) Blood Alcohol Offences
2338 Being a person in MA $300 charge of vessel s. 28(1)(b) underway with unlawful blood alcohol level of ·05g/100ml or more
than ·05g/100ml but less than ·10g/100ml but not being a
person—
(a) under the age of
21 years; or(b) who, by reason
of section
27(1AAA) of
the MA, is taken
to be in charge of
the vessel
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19 r. 19
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2339 Being a person in MA $420 charge of vessel s. 28(1)(b) underway with unlawful blood alcohol level of ·10g/100ml or more
than ·10g/100ml but less than ·15g/100ml but not being a
person—
(a) under the age of
21 years; or(b) who, by reason
of section
27(1AAA) of
the MA, is taken
to be in charge of
the vesselGeneral Offences
2340 Operate vessel on MR r. 207 $160 coastal waters
without approved
emergency position
indicating radio
beacon2341 Being an owner of a MA $500 vessel, operate, or s. 97(1) allow the vessel to be
operated, without
certificate of survey
Marine (Amendment) Regulations 2001
| r. 19 | S.R. No. 127/2001 |
2342 Being master of a MA $250 vessel, operate the s. 97(2) vessel without
certificate of surveyColumn 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 2343 Act as master or crew MA $250 member on vessel s. 94(1) without a certificate
required by the
regulations2344 Employ or engage MA $250 person to act as s. 94(2) master or crew
member on vessel if
person does not have
a certificate required
by the regulations2345 Being an owner of MA $250 vessel, cause or allow s. 94(3) vessel to be operated
when crewed by
people without
appropriate
certificates2346 Fail to carry MR r. 321 $80 certificate, licence or
exemption whilst
operating a vessel
covered by that
certificate or licence
or exemptionOperation of vessels
5701 Refuse or fail to MA $120 surrender a document s. 28C(5) required by a notice
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 19 of suspension of operator licence under section 28C(1)
of the MA
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 5702 Fail to comply with a MA $120 notice to surrender s. 61BA(5) licence served under section 61BA(4) of the MA within the specified time
5703 Operate a general MA $200 recreational vessel s. 115(1) other than in
accordance with an
operator licence
issued under
Part 10A of the MA5704 Operate a personal MA $250 watercraft other than s. 115(2) in accordance with a licence issued under Part 10A of the MA that is endorsed to
authorise such use 5705 Apply for or obtain MA $250 an operator licence s. 123(1) while disqualified
from doing so5706 Operate a general MA $200 recreational vessel in s. 129(1) breach of condition
of an operator licence5707 Operate a personal MA $250 watercraft in breach s. 129(2) of a condition of an
Marine (Amendment) Regulations 2001
| r. 19 | S.R. No. 127/2001 |
| operator licence or personal watercraft endorsement on that licence |
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 5708 Operate a regulated MA s. 130 $200 recreational vessel in breach of a condition of a licence or
certificate issued in
another State,
Territory or country5709 Operate regulated MA s. 133 $80 recreational vessel
without being in
possession of
operator licence
document5710 Being the owner of a MR $250 trading, fishing or r. 216A(1) hire and drive vessel,
allow that vessel to
operate without
carrying on board the
certificate of survey
issued in respect of
that vessel or a
certified copy of it5711 Being the master of a MR $250 trading or fishing r. 216A(2) vessel, allow that vessel to operate without carrying and
displaying on board
the certificate of
survey issued in
respect of that
vessel or a certified
Marine (Amendment) Regulations 2001
S.R. No. 127/2001 r. 20 copy of it
Column 1 Column 2 Column 3 Column 4 Provision Short description Containing Code of offence Offence Penalty 5712 Fail to produce an MA $120 operator licence if a s. 19(4)(c) licence is required to
operate the vessel5713 Fail to produce a MA $120 certificate, licence or s. 19(4)(d) exemption issued
under the Regulations
while operating a
vessel covered by
that certificate,
licence or exemption
".
20. Amendment to Schedule 14
In Schedule 14 to the Principal Regulations, after
"Manner in which the penalty must be paid:"insert—
"Place at which the penalty must be paid:".
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Marine (Amendment) Regulations 2001
| Endnotes | S.R. No. 127/2001 |
ENDNOTES
1 Reg 4: S.R. No 145/1999 as amended by S.R. Nos 13/2000 and 91/2001.
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 theSubordinate Legislation Regulations 1994.
Statutory Rule Title of applied, adopted or Matter in applied, provision incorporated document adopted or
incorporated
documentRegulation 7 International Code of Signals Appendix 2 which amends Code Flag R regulation
209(2)(d) of the
Principal
RegulationsRegulation 8 International Code of Signals Appendix 2 which amends Code Flag R regulation
211(2)(e) of the
Principal
Regulations
0
0
0