Marine (Hire and Drive Vessels) Act 2001 (Vic)
Marine (Hire and Drive Vessels) Act 2001
Act No. 90/2001
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Extension of inspection power 2 5. Insertion of definitions into Part 10A 3 6. Insertion of sections 115A and 115B 4
115A. Offence to operate certain classes of hire and drive
vessels without a licence 4 115B.
Offence for person between 12 and 16 years of age to operate engine powered hire and drive vessel without licence
5
7. Consequential amendments 6 8. Repeal of redundant provision 7 9. Insertion of Division 5A into Part 10A 7 Division 5A—Hire and Drive Vessel Licensing Offences 7
134A. Offence of failing to comply with the conditions of the
licence 7 134B. Offence for overseas or interstate operator to fail to
comply with the conditions of the licence or certificate 7 134C. Offence to operate hire and drive vessel for recreational
purposes while disqualified etc. 8 134D. Offence not to have operator licence in person's
possession 9 134E. Offence to allow a non-licensed person to operate a
vessel 9
10. Additional regulation making powers 11
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ENDNOTES 12
i
Victoria
No. 90 of 2001
Marine (Hire and Drive Vessels) Act
2001†
[Assented to 11 December 2001]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Marine Act 1988—
(a) to require the operators of some hire and drive vessels to hold an operator licence; and (b) to provide specific regulation-making hire and drive vessels.
2. Commencement
Marine (Hire and Drive Vessels) Act 2001
| s. 4 | Act No. 90/2001 |
(1) This section and sections 1, 8 and 10 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If a provision of this Act does not come into operation before 1 April 2002, it comes into operation on that day.
3. Definitions
See Act No.
| 52/1988. | (1) In section 3(1) of the Marine Act 1988— |
| Reprint No. 4 | |
| as at | (a) in the definition of "prescribed concentration |
| 4 February | of blood alcohol", in paragraph (a), after |
| 1999. | |
| See also | "regulated recreational vessel" insert "or |
| Act Nos | regulated hire and drive vessel"; |
| 28/1999, | |
| 14/2000, | (b) after the definition of "registered medical |
| 74/2000, | |
| 93/2000 (as | practitioner" insert— |
| amended by | |
| 23/2001), | ' "regulated hire and drive vessel" |
| 11/2001, | |
| 23/2001 and | means— |
| 44/2001. | |
| LawToday: | (a) a hire and drive personal |
| watercraft, within the meaning of | |
| dpc.vic. | |
| gov.au | Part 10A; or |
(b)
a specialised hire and drive vessel, within the meaning of Part 10A;'.
(2) For section 3(2) of the Marine Act 1988
substitute—
"(2) A reference to an engine in this Act or theregulations does not include a reference to a sail, paddle, oar, pedal or any other means of propelling a vessel that relies solely on the
wind or physical human activity as a power
source.".
4. Extension of inspection power
Marine (Hire and Drive Vessels) Act 2001
Act No. 90/2001
(1) In section 19(4) of the Marine Act 1988—
(a) in paragraph (d), for "exemption—" substitute "exemption; or"; (b) after paragraph (d) insert— "(e) fail to produce any other document that the operator of the vessel is required by this Act or the regulations to have in his or her possession while operating the
vessel; or
(f)
fail to allow inspection of any document that is required by the regulations to be displayed in or on the vessel—".
(2) After section 19(4) of the Marine Act 1988
insert—
"(5) Sub-sections (4)(c), (4)(d), (4)(e) and (4)(f)
do not apply if the licence, certificate,
exemption or other document is not on the
vessel at the time the request for itsproduction is made.".
5. Insertion of definitions into Part 10A
(1) In section 113 of the Marine Act 1988 insert the
following definitions—
' "hire and drive personal watercraft" means avessel that is a hire and drive vessel and that is of a kind that is required, by or under this Act, to be registered and that—
(a)
has an engine that is used for propulsion; and
(b) has a fully enclosed hull; and
(c)
does not retain water on it if it capsizes; and
Marine (Hire and Drive Vessels) Act 2001
| s. 6 | Act No. 90/2001 |
(d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel, but not seated within the vessel;
"specialised hire and drive vessel" means—
(a) a hire and drive vessel that has an engine that is able to propel the vessel at a speed of 10 knots or more; or (b) a vessel that falls within any other class of hire and drive vessel specified by the regulations for the purposes of this paragraph—
but does not include a hire and drive
personal watercraft.'.
(2) In section 113 of the Marine Act 1988, in the
definition of "personal watercraft", for
paragraph (a) substitute—"(a) has an engine that is used for propulsion;
and".
6. Insertion of sections 115A and 115B
After section 115 of the Marine Act 1988 insert—
"115A. Offence to operate certain classes of hire
and drive vessels without a licence
(1) A person must not operate a specialised hire and drive vessel unless—
(a)
the person is the holder of a licence issued under this Part that authorises the person to operate a recreational vessel that has the physical characteristics of the specialised hire and drive vessel; and
Marine (Hire and Drive Vessels) Act 2001
Act No. 90/2001 s. 6
(b)
the person operates the vessel under and in accordance with the licence as if the vessel was a recreational vessel.
Penalty: 8 penalty units. (2) A person must not operate a hire and drive
personal watercraft unless—
(a) the person is the holder of a licence issued under this Part that— (i) authorises the person to operate a general recreational vessel; and
(ii) is endorsed to authorise the person and
(b) personal watercraft under and in
accordance with the licence andthe person operates the hire and drive personal watercraft was a recreational vessel.
Penalty: 10 penalty units.
115B. Offence for person between 12 and 16 years
of age to operate engine powered hire and
drive vessel without licence
A person who is of or over the age of
12 years, and less than 16 years of age, must
not operate a hire and drive vessel that has
an engine that is used for propulsion, but that
is not a regulated hire and drive vessel,unless—
(a)
the person is the holder of a restricted operator licence issued under this Part that authorises the person to operate a recreational vessel having the physical
Marine (Hire and Drive Vessels) Act 2001
| s. 7 | Act No. 90/2001 |
| characteristics of the hire and drive vessel; and |
(b)
the person operates the vessel under and in accordance with the licence as if the vessel was a recreational vessel.
Penalty: 8 penalty units.".
7. Consequential amendments
(1) In sections 22(3), 28A(1), 28A(2), 28C(1),
31A(2A), 61BA(1), 61BA(2) and 149(c) of the Marine Act 1988, after "regulated recreational vessel" insert "or a regulated hire and drive
vessel".
(2) In section 61BA(2)(a) of the Marine Act 1988, after "section 115" insert ",115A or 115B".
(3) For the heading to Part 10A of the Marine Act 1988 substitute—
"PART 10A—OPERATION OF
RECREATIONAL VESSELS AND HIRE
AND DRIVE VESSELS".
(4) In sections 121(1) and 121(5) of the Marine Act
1988 omit "regulated recreational".
(5) After section 121(6) of the Marine Act 1988
insert—
'(7) In this section "vessel" means—(a) a regulated recreational vessel; or (b) a regulated hire and drive vessel.'.
(6) In the heading to Division 5 of Part 10A of the Marine Act 1988, for "Operator" substitute "Recreational Vessel".
(7) In section 135(a) of the Marine Act 1988, after
"vessel" insert "or a specialised hire and drive
vessel".
Marine (Hire and Drive Vessels) Act 2001
Act No. 90/2001 s. 8
8. Repeal of redundant provision
Section 131(2) of the Marine Act 1988 is repealed.
9. Insertion of Division 5A into Part 10A
After section 134 of the Marine Act 1988 insert—
"Division 5A—Hire and Drive Vessel Licensing
Offences
134A. Offence of failing to comply with the
conditions of the licence
(1) A person must not operate a specialised hire
and drive vessel in breach of any condition of the person's operator licence that would apply to the vessel if the vessel was a general
recreational vessel.Penalty: 8 penalty units.
(2) A person must not operate a hire and drive
personal watercraft in breach of any
condition of the person's personal watercraft
endorsement or endorsed licence that would
apply to the watercraft if the watercraft was a
recreational vessel.
Penalty: 10 penalty units.134B. Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate
A person, who is exempted under the regulations from the requirement to comply with section 115A or 115B because he or she holds an appropriate licence or certificate issued in another State, Territory or country, must not operate a regulated hire and drive
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vessel in breach of any condition of that
licence or certificate.Penalty: 8 penalty units.
134C. Offence to operate hire and drive vessel for
recreational purposes while disqualified etc.(1) A person must not operate for recreational purposes a hire and drive vessel that has an engine that is used for propulsion while any operator licence granted to him or her is
suspended or during a period of
disqualification from obtaining such alicence.
Penalty: For a first offence, 10 penalty
units;
For a subsequent offence,
30 penalty units.(2) A reference to an operator licence in sub-
section (1) includes a reference to an
appropriate licence or certificate issued in
another State, Territory or country if the
suspension of the certificate or licence, or the
period of disqualification applying in respect
of the certificate or licence, was imposed as
a result of circumstances that, had they
occurred in Victoria in relation to an
operator licence, would have been likely to
result in the imposition of a similar
suspension or period of disqualification.(3) A person must not operate for recreational purposes a hire and drive vessel that has an engine that is used for propulsion if—
(a) the person held an operator licence; and
(b)
the licence was cancelled because of any illness or bodily infirmity, defect or incapacity of the person or because of
Marine (Hire and Drive Vessels) Act 2001
Act No. 90/2001 s. 9 the effects of treatment for any of those
things.
Penalty: For a first offence, 10 penalty
units;
For a subsequent offence,
30 penalty units.(4) Sub-section (3) does not apply if the person
has—
(a) an operator licence that is in effect; or
(b)
a certificate dated after the date of the cancellation signed by a registered medical practitioner stating—
(i) infirmity, defect or incapacity or
treatment effects that existed atthat any illness or bodily cancelled no longer exists; and
(ii) that there is no medical reason why the person cannot hold an operator licence.
134D. Offence not to have operator licence in
person's possession
A person who holds an operator licence must
have the licence in his or her possession
while operating a regulated hire and drive
vessel.Penalty: 2 penalty units.
134E. Offence to allow a non-licensed person to
operate a vessel
(1) The owner of a specialised hire and drive
vessel must not let the vessel to a person for hire or reward or for any other consideration unless that person is the holder of an
Marine (Hire and Drive Vessels) Act 2001
| s. 9 | Act No. 90/2001 |
operator licence which authorises that person
to operate a general recreational vessel
having the physical characteristics of the hire
and drive vessel.Penalty: 8 penalty units.
(2) The owner of a hire and drive personal
watercraft must not let the vessel to a person
for hire or reward or for any other
consideration unless that person is the holder
of an operator licence that is endorsed with a
personal watercraft endorsement which
authorises that person to operate a personal
watercraft.
Penalty: 10 penalty units.(3) The owner of a hire and drive vessel that has an engine that is used for propulsion, but that is not a regulated hire and drive vessel, must not let the vessel to a person who is of or
over the age of 12 years, and less than 16 years of age, for hire or reward or for any other consideration unless that person is the
holder of a restricted operator licence issued under this Part that authorises that person to operate a recreational vessel having the
physical characteristics of the hire and drive
vessel.
Penalty: 8 penalty units.(4) It is a defence to a charge under this section
if the owner reasonably believes that the
operator held the appropriate licence which
has (where the case so requires) the
appropriate endorsement.".
Marine (Hire and Drive Vessels) Act 2001
Act No. 90/2001 s. 10
10. Additional regulation making powers
In Schedule 5 to the Marine Act 1988, after
clause 81 insert—"HIRE AND DRIVE VESSELS
81A. The operation and use of hire and drive vessels.
81B. Requiring specified information to be given to the
operators of hire and drive vessels and specifying the
manner in which the information is to be given.81C. Requiring the creation and retention of documentary
evidence that any information required by the
regulations has been given.
81D. Requiring the operators of hire and drive vessels to
operate the vessels in accordance with any conditions or restrictions specified in the regulations and to have any documents required by the regulations in their
possession while operating the vessels.81E. Requiring the creation, maintenance and retention of
documents relating to safety or the handling of
emergencies.
81F. Making provision for the audit of any documents
required by the regulations.
81G. Requiring the display of specified information in or
on hire and drive vessels.
81H. Making the issue of a certificate of survey in relation to a hire and drive vessel conditional on the approval of any documents required by the regulations relating to safety or the handling of emergencies.
81I. Requiring the operators of hire and drive vessels to provide information to the owners (or agents of the owners) of hire and drive vessels concerning any
operator licences they hold or have held.".
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Marine (Hire and Drive Vessels) Act 2001
| Endnotes | Act No. 90/2001 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 1 November 2001
Legislative Council: 28 November 2001
The long title for the Bill for this Act was "to amend the Marine Act
1988 with respect to hire and drive vessels and for other purposes."
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