Marine (Amendment) Regulations 2002 (Vic)

Marine (Amendment) Regulations 2002

S.R. No. 8/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Commencement	2
4.	Principal Regulations	2
5.	References to Board replaced in regulations	2
6.	Prescribed speed measuring devices	3
7.	Exemptions	3
8.	New regulation 1102 inserted	4

1102.      Certificate as to testing and sealing of prescribed speed

measuring devices 4

9.	References to Board replaced in the Schedules	4
10.	Schedules 11 and 12 substituted	5
11.	New Schedule 17 inserted	6

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ENDNOTES 7

i

STATUTORY RULES 2002

S.R. No. 8/2002

Marine Act 1988

Marine (Amendment) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 30 January 2002
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—

(a)	to replace references to the Marine Board of Victoria with the Director of Marine Safety; and
(b)	to prescribe a form for the purposes of section 89(6) of the Marine Act 1988; and
(c)	to make other amendments to reflect recent amendments to that Act.

2. Authorising provisions

These Regulations are made under sections 105,
108 and 109 of the Marine Act 1988.

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3. Commencement

(1) These Regulations except regulations 5, 6, 8, 9, 10 and 11 come into operation on 1 February 2002.

(2) Regulations 5, 6, 8, 9, 10 and 11 come into

operation on 7 February 2002.

4. Principal Regulations

In these Regulations, the Marine Regulations

19991 are called the Principal Regulations.

5. References to Board replaced in regulations

(1) In regulations 100(d), 201, 202, 203, 204, 208, 210, 212(1), 213, 214, 216A, 217(1), 218, 219, 221(1), 221(4), 231, 300, 301, 302, 303, 304, 305,

306, 307, 308, 309, 310, 311(2), 312, 314, 315,
316(a), 317, 318, 319, 320, 400(1), 400(4)(b),
401, 402, 403, 404, 405, 407, 408(1)(a), 508, 701,
702, 703, 704, 705, 706, 707(2), 708, 709, 711,
712, 714, 715, 717(1), 719, 720(1), 721, 722,
723(1), 723(3), 723(5), 723(6), 724, 725, 726,
728, 729, 730, 731(1), 732, 733, 734, 735, 736,
737(2), 738, 739, 801, 802, 803, 804, 805, 806,
807, 808, 810, 811, 812, 813, 814, 815, 816, 817,
818, 819, 820, 821, 822, 823, 824, 825, 826, 827,
828, 829, 830, 831, 832, 833 and 834 of the
Principal Regulations, for "Board" (wherever
occurring) substitute "Director".

(2) In regulation 217(3) of the Principal Regulations, for "an officer of the Board" substitute "a person authorised by the Director".

(3) In regulation 313 of the Principal Regulations, for

"Board determination" (wherever occurring)
substitute "determination of the Director".

(4) In the Table in regulation 737 of the Principal

Regulations—

(a) for "officers of the Board" substitute "people authorised by the Director"; and

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(b) for "Board to" substitute "Director to"; and

(c) for "Officers of the Board, officers of the Roads Corporation and persons approved in writing by the Board" substitute "Officers of the Roads Corporation and people authorised in writing by the Director".

(5) In regulations 738(1), 738(2), 832 and 1100 of the

Principal Regulations, for "Board's" (wherever
occurring) substitute "Director's".

(6) In regulation 738(7) of the Principal Regulations, for "its" substitute "the Director's".

(7) In the Principal Regulations, insert the following heading to regulation 803—

"Fees for new vessel survey by the Director".

(8) In regulation 809 of the Principal Regulations—

(a) for "an officer or employee of the Board" substitute "a person authorised by the Director"; and

(b) for "Board for" substitute "Director for".

(9) In the Principal Regulations, insert the following heading to regulation 826—

"Fee for conduct of examination by Director for

issue, variation or renewal of pilot exemption

certificate".

6. Prescribed speed measuring devices

In regulation 600(1) of the Principal Regulations
for "section 88" substitute "sections 88

and 89(6)".

7. Exemptions

(1) In the heading to regulation 727 of the Principal

Regulations omit "for vessels operated under sail".

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(2) In regulation 727 of the Principal Regulations, for "regulated" substitute "general".

(3) At the end of regulation 727 of the Principal

Regulations insert—

"(2) A person who is over the age of 16 years and under the age of 21 years who is operating a specialised hire and drive vessel is exempt

from the requirement to hold an operator
licence under Part 10A of the Act while so
operating that vessel until 3 December

2002.".

8. New regulation 1102 inserted

After regulation 1101 of the Principal Regulations insert—

"1102. Certificate as to testing and sealing of

prescribed speed measuring devices

(1) For the purposes of section 89(6) of the Act, a certificate in relation to the testing and sealing of a prescribed speed measuring device is in the prescribed form if it is in the

form set out in Schedule 17.

(2) The testing officer is authorised to sign the

certificate.".

9. References to Board replaced in the Schedules

(1) In Schedule 3 to the Principal Regulations, in

clauses 4 and 9, for "Board" (wherever occurring)

substitute "Director".

(2) In Schedule 6 to the Principal Regulations, in

clause 1, for "Board" substitute "Director".

(3) In Schedule 7 to the Principal Regulations, in

clause 4, for "Board" substitute "Director".

(4) In Schedule 13 to the Principal Regulations, in the

items relating to Codes 2283, 2323 and 2324, for
"Board" substitute "Director".

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(5) In Schedule 14 of the Principal Regulations, for

"officer of the Board" substitute "person

authorised by the Director".

10. Schedules 11 and 12 substituted

For Schedules 11 and 12 of the Principal

Regulations substitute—

"SCHEDULE 11

Regulation 1100

CERTIFICATE AS TO MATTERS WHICH APPEAR IN OR CAN BE CALCULATED FROM THE

RECORDS KEPT BY THE DIRECTOR OF MARINE

SAFETY

Certificate issued under section 89(1) of the Marine Act

1988

The matters set out in this certificate appear in, or have
been calculated from, the records kept by the Director of

Marine Safety or a delegate of the Director.

(Insert here the details to which the certificate relates)
Dated:

Signature of Director or delegate

__________________

SCHEDULE 12

Regulation 1101

CERTIFICATE AS TO REGISTRATION OF VESSEL ISSUED UNDER SECTION 89(3) OF THE MARINE

ACT

According to the records of the Director of Marine Safety, on (insert date) the vessel described below was registered under the Act in the name of

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Description of vessel
(Insert here the details which identify the vessel).
Dated:

Issued by the Director of Marine Safety".

11. New Schedule 17 inserted

After Schedule 16 to the Principal Regulations insert—

"SCHEDULE 17

CERTIFICATE UNDER SECTION 89(6)

The laser device known as (insert make and model number of device) and numbered (insert identifying number of device) was tested by me in accordance with the Marine Regulations 1999 on (date).

The test confirmed that the device was operating correctly in accordance with the requirements of those Regulations.

I sealed the device in accordance with those Regulations after carrying out the test.

Date:

Signature of person issuing certificate:

".

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Marine (Amendment) Regulations 2002

Endnotes S.R. No. 8/2002

ENDNOTES

1 S.R. No. 145/1999 as amended by S.R. Nos 13/2000, 91/2001 and

127/2001.