Marine Safety Act 2010 (Vic)

Version No. 037

Marine Safety Act 2010

No. 65 of 2010

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

Part 1.1—Purpose and commencement

1Purpose

2Commencement

Part 1.2—Interpretation

3Definitions

4Meaning of close quarters situation

4AMeaning of recreational hire and drive vessel

4BMeaning of recreational vessel

5Meaning of unsafe vessel

6Declaration of waterway managers

7Declaration of vessels

Part 1.3—Application

9Application of Act

10Act does not apply to defence force vessels

11Interaction with the Occupational Health and Safety Act 2004

12Transport Integration Act 2010

13Crown to be bound

Part 1.4—Objects and principles

Division 1—Objects

14Objects

Division 2—Principles of marine safety

15Principle of shared responsibility

16Principle of accountability for managing safety risks

17Principle of integrated risk management

18Principle of enforcement

19Principle of transparency

20Principle of participation, consultation and involvement of all affected persons

21Principle of equity of use of Victorian waterways

Division 3—Other matters

22Effect of objects and marine safety principles

Chapter 2—Marine safety duties

Part 2.1—The concept of ensuring safety

23The concept of ensuring safety

Part 2.2—Safety duties of port management bodies and local port managers

24Duties of port management bodies and local port managers to ensure safety of marine safety infrastructure operations

Part 2.2A—Safety duty of port of Melbourne operator

25Duty of port of Melbourne operator to ensure safety of marine safety infrastructure operations

Part 2.2B—Safety duties of persons who manage boating activity events

25ADuty of a person who manages a boating activity event to ensure safety of participants and other affected persons

Part 2.3—Safety duties of marine designers, manufacturers and suppliers and marine contractors

26Safety duties in relation to design, manufacture and supply of vessels

27Safety duties in relation to design, manufacture and supply of marine safety equipment

28Duties of suppliers of marine safety infrastructure operations to port management bodies and local port managers

29Duties of pilotage service providers to owners of vessels

Part 2.4—Marine safety worker duties

30Duties of marine safety workers

Part 2.5—Safety duties relating to recreational vessel and recreational hire and drive vessel operations

31Masters of recreational vessels or recreational hire and drive vessels must take reasonable care

32Persons participating in the operation of a recreational vessel must take reasonable care

Part 2.6—Safety duties of passengers on vessels

33Passengers on board recreational vessels must take reasonable care

Part 2.7—Other matters

34Single charge for multiple contraventions of certain duties

35Civil liability not affected by Parts 2.2 to 2.6

Chapter 3—Operation of vessels

Part 3.1—Registration of recreational vessels

36Purposes of registration

37Offence if recreational vessel not registered

38Recreational vessel may be registered in one name only

39Effecting registration, renewal or transfer

40Safe Transport Victoria may impose registration conditions

41Prescribed conditions on registration

42Register of registered recreational vessels

43Safe Transport Victoria may cancel or suspend registration of a recreational vessel

44Cancellation of registration by court

Part 3.2—Licensing of masters of recreational vessels and regulated hire and drive vessels

Division 1—Purposes

45Purposes of licensing

Division 2—Offences for unlicensed master of certain classes of registered recreational vessels

46Offence to be a master of registered recreational vessel without a marine licence or in breach of conditions of marine licence

47Offence to be a master of prescribed type of registered recreational vessel without licence endorsement

48Offence to be the master of a registered recreational vessel undertaking prescribed activity without licence endorsement

49Offence to be the master of a regulated hire and drive vessel without a marine licence or in breach of conditions of marine licence

50Offence to be the master of a prescribed type of regulated hire and drive vessel without licence endorsement

51Offence to be the master of a regulated hire and drive vessel undertaking prescribed activity without licence endorsement

52Offence to allow a non-licensed person to be the master of a registered recreational vessel

Division 3—General licensing provisions

53General marine licence

54Restricted marine licence

55Licence endorsement

56Safe Transport Victoria may require a person to undergo testing

Division 4—Exemptions from requirement to hold marine licence

57Exemptions applying to licences issued outside Victoria

58Exemption from licensing requirements for masters of non‑engined vessels

Division 5—Other licensing offences

59Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate

60Offence to be master of a registered recreational vessel while disqualified etc.

61Offence not to have marine licence in person's possession

Part 3.4—Local knowledge certificates

Division 2—Local knowledge certificates

80Offence to navigate vessel without local knowledge certificate in waters requiring certificate

81Declaration in relation to waters requiring local knowledge certificates for navigation in those waters

82Application for local knowledge certificates

83Issue of local knowledge certificate

84Renewal of local knowledge certificate

Part 3.5—Vessel operational requirements

Division 1—Unsafe vessels

85Detention of unsafe vessels

Division 2—Dangerous operation and acts

87Dangerous operation of a recreational vessel or hire and drive vessel

88Acts tending to endanger vessel or crew

Division 3—Other operational requirements

89Tampering with a vessel

90Distress signals

91Assistance to people in distress

92Offence to fail to comply with direction of Safe Transport Victoria regarding removal of vessel

Division 4—Reporting of incidents

93Reporting requirements in relation to reportable incidents

94Reporting of reportable incidents to Safe Transport Victoria

Division 5—Compliance with international conventions

Subdivision 1—Interpretation

95Definitions

Subdivision 2—Prevention of Collisions Convention

96Regulations giving effect to Prevention of Collisions Convention

Subdivision 3—Safety Convention

97Regulations giving effect to Safety Convention

Subdivision 4—General

98Regulations under this Division

99Authority of Governor in Council to make regulations in relation to powers under Conventions

100Safe Transport Victoria may allow other fitting, material etc.

Part 3.6—Miscellaneous matters

101Person not to be found guilty as owner and master in respect of same circumstances

102Offence to supply vessel which does not comply with Australian Builders Plate Standard

Chapter 4—Enforcement

Part 4.1—Interpretation

103Definitions

Part 4.2—Impoundment, immobilisation and forfeiture of recreational vessels

Division 1—Part does not affect other penalties

104Part does not affect other penalties

Division 2—Impoundment and immobilisation of recreational vessels

105Powers of police

106Seizure of recreational vessel

107Surrender of recreational vessel

108Impoundment or immobilisation of a recreational vessel

109Authorised persons

110Notice to master, owner or registered person

111Content of notice

112Review by a senior police officer

113Release of recreational vessel by Victoria Police

114Appeal rights

115Offences

116Recovery of recreational vessel

117Crown to pay costs if master found not guilty or charges not proceeded with

Division 3—Impoundment, immobilisation or forfeiture of recreational vessels by court order

118Impoundment or immobilisation order

119Forfeiture order

120Application for an impoundment or immobilisation order or a forfeiture order

121Notice of application

122Interest in recreational vessel not to be transferred

123Notice in case of 2 or more charges

124Direction not to transfer registration or register recreational vessel

125Safe Transport Victoria not to transfer registration or register recreational vessel

126Cessation of direction under this Act does not affect any suspension

127Hearing of application

128Application for variation of order

129When order takes effect

130Police powers

131Liability for costs of impoundment or immobilisation

132Ownership rights

133Third party protection from forfeiture order

Division 4—Search and seizure warrants

134Application for search and seizure warrant

135Search and seizure warrant

136Record of proceedings for search and seizure warrant

137Announcement before entry

138Copy of search and seizure warrant to be given to occupier

139Use of assistants to execute search and seizure warrant

140Application of Magistrates' Court Act 1989

141Expiry of search and seizure warrant

142Report on execution of search and seizure warrant

143Obstruction or hindrance of person executing search and seizure warrant

Division 5—Disposal of recreational vessels

144Sale or disposal of uncollected recreational vessels and items

145Sale or disposal of recreational vessel subject to forfeiture order

146Application of proceeds of sale

147Disposal of recreational vessel, item or thing subject to disposal order

148Notice to be given of intention to apply for disposal order

149Application for disposal order

150Hearing of application for and making of disposal order

151Application of proceeds of sale

Division 6—Miscellaneous

152Service of notices under this Part

Part 4.3—Prohibition of use of recreational vessels and hire and drive vessels

Division 1—Part does not affect other penalties

153Part does not affect other penalties

Division 2—Embargo notices and prohibition directions

154Power to issue embargo notices

155Police power to prohibit operation of vessels

Part 4.5—General enforcement powers

159Powers of entry in relation to lights

160Arrest without warrant

161Police power to move vessel or require vessel to be moved

162Master of a vessel must obey directions etc.

162APolice power to inspect vessels

162BPolice powers to enter vessels without consent or warrant

162CPolice may direct someone to provide certain information concerning owner or master of a vessel

Part 4.6—Disciplinary action

Division 1—Interpretation

163Definitions

Division 2—Disciplinary action by Safe Transport Victoria

164When Safe Transport Victoria must take disciplinary action against a person holding a permission

165When Safe Transport Victoria may take disciplinary action against person holding a permission

166Disciplinary actions that may be taken by Safe Transport Victoria against a person holding a permission

167Procedure for taking disciplinary action against a person holding a permission

168Suspension of permission

169Effect of suspension of permission

170Return of permission record

Division 3—Court based sanctions

171Power of court to cancel or suspend marine licences

171ASafe Transport Victoria must notify Ports Victoria of cancellation or suspension of pilotage services provider registration

172Effect of suspension of licence

173Adverse publicity order

Part 4.6A—Inactive pilot licences

173ASuspension and cancellation of inactive pilot licences

173BProcedure for suspension and cancellation of inactive pilot licences

173CEffect of suspension of pilot licence

173DReturn of pilot licence

Part 4.7—Owner onus

174Purpose of Part

175Definitions

176Owner onus offences

177Effect of payment of penalty etc.

178Use of effective statement to avoid liability

179Cancellation of acceptance of statement

180Proceedings against nominated persons

181Defences to owner onus offences

182Offence to provide false or misleading information

Chapter 5—Management of waters

Part 5.1—Waterway rules

Division 1—Interpretation

183Definitions

Division 2—Safe Transport Victoria's power to make waterway rules

184Making of waterway rules

185Safe Transport Victoria may make a rule that is consequential to a rule request

187Matters that must be considered in making a rule

188Reasons must be given for making or not making a rule

189Operation and commencement of a waterway rule

190Rules to be published on Safe Transport Victoria's Internet site

191Safe Transport Victoria must assess appropriateness of urgent safety rule

192Consultation for the purpose of assessing appropriateness of urgent safety rule

Division 3—Procedure in relation to request for making of waterway rules

193Initial consideration and advice by Safe Transport Victoria in relation to certain requests

194Requests for waterway rules

195Consultation by Safe Transport Victoria on proposed rules

196Port management bodies, local port managers and waterway manager must consult before requesting rule

Division 4—Compliance with waterway rules

197Offence not to comply with waterway rules

198Offences of waterway rule contraventions relating to vessel operation are owner onus offences

Part 5.2—Standards for navigation aids and dredging

199Determination of the standards for navigation aids and dredging and maintenance of channels

200Consultation required before making a determination

201Matters that must be considered in making a determination

202Offence to fail to comply with standard determined under this Part

Part 5.2A—Standards for emergency response capabilities of towage vessels in port waters

202ADefinitions

202BDetermination of the standards for emergency response capabilities of towage vessels

202CConsultation required before making a determination

202DMatters that must be considered in making a determination

Part 5.3—Boating activity exemptions and exclusion zones

Division 1—Boating activity exemptions

203Declarations to exempt boating activity on certain waters from Act or regulations

204Safe Transport Victoria to be given copy of declaration application and proposed declaration

205Effect of a declaration

206Exemption from compliance with Act, regulations or Port Management Act 1995

207Compliance with declarations that modify or provide for other requirements to apply

Division 2—Activity exclusion zones

208Activity exclusion zones

209Safe Transport Victoria to be given proposed notice creating activity exclusion zone

210Compliance with activity exclusion zones

Part 5.4—Regulation of other activities on certain waters

211Control of navigation etc. in the vicinity of works carried out on, over or under waters

212Safe Transport Victoria to be given proposed notice relating to regulation of waters around works

213Compliance with a direction of applicable regulatory entity

214Compliance with notice

215Emergency directions

Part 5.5—Waterway management

Division 1—Functions and powers

216Functions and powers of waterway managers

217Delegation powers of waterway managers

218Indemnity for waterway managers

219Safe Transport Victoria may develop code of practice for waterway management

Division 2—Abandoned or unclaimed goods or things

219ARemoval of things

219BPowers when moving things

219CRequirement to make enquiries as to owner of thing

219DDisposal of thing

219ERecovery of costs

219FPayment of compensation

219GProceeds of disposal where owner not located

Chapter 6—Harbour masters

Part 6.1—Requirements for engagement of licensed harbour masters

220Certain entities must engage harbour masters

221Identity cards

Part 6.2—Licensing of harbour masters

222Person must not act as a harbour master without harbour master licence

223Application for harbour master licence

224Grant of harbour master licence

225Application by harbour master for variation of conditions of harbour master licence

226Variation of condition of harbour master licence by Safe Transport Victoria following application

227Imposition or variation of condition of a harbour master licence by Safe Transport Victoria

228Requirement as to notification of licence condition

Part 6.3—Assistant harbour masters

229Authorisation to act as assistant harbour master

Part 6.4—Functions and powers of harbour masters

230Functions of harbour masters

231Powers of harbour masters

232Power of harbour masters to give written and oral directions

233Specific provisions as to directions relating to the entry and removal of vessels

234General provisions relating to harbour master directions

235Amendment and revocation of directions

236Harbour master may carry out direction

237Offence to fail to comply with direction or obstruct, harbour master

Part 6.5—Other matters

238Protection from liability

Chapter 7—Pilotage

Part 7.1—Provision of pilotage services

239Offence to provide pilotage services without registration

240Application for registration as a pilotage services provider

241Registration as a pilotage services provider

242Duration of registration

243Certificates of registration

244Register of pilotage service providers

245Requirement to notify Safe Transport Victoria of changes to registration information

246Records to be kept

247Offence to fail to comply with safety standards

247APilotage services providers must report reportable incidents to Safe Transport Victoria

Part 7.2—Pilots

Division 1—General requirement to use pilots

248Offence not to use a pilot

249Offence to act as a pilot without a pilot licence or pilot exemption

Division 2—Declaration of pilot required waters

250Declaration

Division 3—Pilot licences

251Application for pilot licence

252Grant of pilot licence

252AImposition of conditions relating to pilot competencies and medical fitness

Division 4—Pilot exemptions

253Application for pilot exemption

254Grant of pilot exemption

255Effect of pilot exemption

256Renewal of pilot exemption

Part 7.3—Miscellaneous matters

257Liability of pilots and pilotage service providers

Chapter 8—General

Part 8.1—Administration of Act

Division 1—Safe Transport Victoria

258Functions of Safe Transport Victoria

259Powers of Safe Transport Victoria

260Exemptions

261Provision or maintenance of navigation aids by Safe Transport Victoria

262Safe Transport Victoria may cause vessel to be boarded, moved, secured or operated in certain cases

263Recovery of costs

264Inquiries into marine safety matters

265Extension of suspension pending inquiry

266Accountability for damage

267Order to remove obstructions in navigable waters

268Safe Transport Victoria may remove obstructions to navigation

269Power to prohibit operation of particular vessel

Division 2—Functions and powers of other entities

270Chief Commissioner of Police may disclose reportable incidents to Safe Transport Victoria

271Acquisition of land

Division 3—Accreditation

271ADefinition

271BOffence to provide prescribed service unless accredited

271COffence to breach condition of accreditation

271DApplication for accreditation

271EGuidelines in relation to competence and capacity

271FAccreditation

Part 8.1A—The Better Boating Fund

271GThe Better Boating Fund

271HFinancial report of the Better Boating Fund

Part 8.2—Codes of practice

272Codes of practice—safety duties

273Revisions to approved codes of practice

274Revocation of approvals of codes of practice

275Availability of approved codes of practice

276Minister may consult before approving code of practice or revision to code of practice

277Effect of approved code of practice

278Tabling and disallowance of approved codes of practice

Part 8.3—Marine Enforcement Policy

279Safe Transport Victoria to develop, maintain and review Marine Enforcement Policy

280Safe Transport Victoria must co-ordinate and support implementation

281Safe Transport Victoria must consult when developing or reviewing Marine Enforcement Policy

282Content of Marine Enforcement Policy

283Marine Enforcement Policy to be had regard to

Part 8.4—Offences by bodies corporate

284Imputing conduct to bodies corporate

285Criminal liability of officers of bodies corporate—failure to exercise due diligence

Part 8.5—Offences by partnerships and unincorporated bodies or associations

286Liability of officers of partnerships and unincorporated bodies or associations

Part 8.6—Proceedings against the Crown

287Responsible agency for the Crown

Part 8.7—Review of decisions

288Definitions

289Internal review

290Review by VCAT

Part 8.8—Court processes

291Jurisdiction

292Power to prosecute

293Evidence of speed

294General evidentiary provisions

296Act presumed to apply to vessels

297Seizure and sale of vessel and equipment

298Summary jurisdiction in indictable offences

Part 8.8A—Use and disclosure of information

298ADefinitions

298BInformation to which this Part applies

298CAuthorised use or disclosure

298DExceptional circumstances

298EInformation protection agreements

298FDisclosure not mandatory

298GFreedom of Information Act 1982

298HOffence to use or disclose relevant information without authorisation

Part 8.9—Miscellaneous matters

299Effect of compliance with regulations or approved codes of practice

301Forgery etc. of documents and identification marks

302Offence to interfere etc. with navigation aid

303Offence to obstruct authorised person

304Offence to offer or accept bribes

305Obtaining licence etc. by false statements

307Safe Transport Victoria may vary or cancel permission record to correct error or omission

308Service

Part 8.10—Regulations

Division 1—General regulation-making powers

309General regulation-making powers

Division 2—Fees, rates and charges

310Fees, rates and charges

311Fees for waterway managers

312Fee for boating facilities and safety education

Chapter 9—Savings and transitional provisions

Part 9.1—Definitions

313Definitions

Part 9.2—Operative provisions

314General transitional provision

316Hoon boating provisions re-enacted

317Declaration of waterway managers

318Declaration of vessels

319Determinations in relation to requirements to use a pilot taken to be declaration of pilot required waters

320Registered vessels

321Applications for registration of vessels

322Applications for the renewal or transfer of the registration of a vessel

323Suspensions of registration of vessels

324Processes for suspensions of registrations of vessels

325Processes for cancellations of registrations of vessels

326Prohibitions in relation to operation of particular vessels

327Operator licences

328Personal watercraft endorsements

329Applications for operator licences

330Applications for personal watercraft endorsements

331Renewals of operator licences

332Variations to operator licences on initiative of Director

333Variations to personal watercraft endorsements on application by holder of a personal watercraft endorsement

334Variations to personal watercraft endorsements on initiative of Director

335Requests for cancellation of personal watercraft endorsements

336Suspension of operator licences

337Processes for suspensions of operator licences

338Processes for cancellations of operator licences

339Processes for revocation of personal watercraft endorsements

340Court suspensions of operator licences

341Disqualifications from obtaining operator licences

342Waterway rules

343Boating activities

344Harbour master identity cards

345Harbour master licences

346Applications for harbour master licences

347Authorisation of assistant harbour masters

348Written directions of harbour masters

349Pilotage services provider registration

350Register of pilotage services providers

351Pilot licences

352Applications for pilot licences

353Pilot exemptions

354Applications for pilot exemptions

355Local knowledge certificates

356Applications for local knowledge certificates

357Specified standards of the Director

358Specified approvals and determinations of the Director

359Exemptions of Director

360Certificates of competency

361Applications for certificates of competency

362Certificates of survey

363Investigations by Director

364Investigations by inspectors

365Improvement notices

366Prohibition notices

367Internal reviews in relation to applications

368Appeals commenced in relation to refusal of applications in relation to licences and endorsements

369Appeals commenced in relation to decisions to suspend or cancel operator licences or revoke endorsements

370Appeals commenced in relation to decisions to vary operator licences or vary conditions on licences or endorsements

371Appeals against disqualifications by order of a court

372Appeals against cancellation or suspension of operator licence by order of a court

373Delegations of waterway managers

374References to Director to be read as references to Safety Director

Schedules

Schedule 1—Particular powers of Safe Transport Victoria

Schedule 2—Subject matter for regulations

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 037

Marine Safety Act 2010

No. 65 of 2010

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

PART 1.1—PURPOSE AND COMMENCEMENT

1Purpose

The purpose of this Act is to provide for safe marine operations in Victoria by, among other things—

(a)imposing a range of safety duties on—

(i)owners, managers, designers, manufacturers, suppliers of vessels, marine safety infrastructure and marine safety equipment; and

(ii)marine safety workers; and

(iii)masters and users of recreational vessels; and

(iv)passengers on vessels; and

(b)providing for the registration of recreational vessels; and

(c)providing for the licensing of masters of recreational vessels and regulated hire and drive vessels; and

(d)providing for the regulation and management of the use of, and navigation of vessels on, State waters; and

(e)requiring port management bodies to engage harbour masters and providing for the licensing of persons to act as harbour masters and the authorisation of persons to act as assistant harbour masters; and

(f)providing for the registration of pilotage service providers and the licensing of pilots; and

(g)requiring the use of pilots in declared parts of State waters.

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2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.

PART 1.2—INTERPRETATION

3Definitions

(1)In this Act—

accreditation means an accreditation granted under section 271F;

approved code of practice means a code of practice approved under Part 8.2 and includes an approved code of practice revised in accordance with that Part;

Australian Builders Plate Standard means the standard entitled National Standard for the Australian Builders Plate for Recreational Boats published under the authority of the Ministers comprising the former Australian Transport Council, and as amended from time to time;

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certificate of competency has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;

channelincludes swinging basin, turning circle, an area alongside a berth or dock, fairway and anchorage;

channel operator has the same meaning as in the Port Management Act 1995;

close quarters situation has the meaning given by section 4;

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Commonwealth Navigation Act means the Navigation Act 2012 of the Commonwealth;

corresponding authority means a person who, or body that, outside of Victoria has functions under a corresponding law that correspond with any of the functions of Safe Transport Victoria under Parts 3.1 and 3.3;

corresponding law means a law of the Commonwealth or of another State or of a Territory that corresponds to Parts 3.1 and 3.3;

customs vessel has the same meaning as in section 17 of the Commonwealth Navigation Act;

Department means the Department of Transport and Planning;

domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;

Emergency Management Commissioner has the same meaning as in the Emergency Management Act 2013;

fairway means that part of an area of navigable waters that is usually used by vessels for navigation through the area;

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general marine licence means a licence granted under section 53;

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harbour master means—

(a)a licensed harbour master; or

(b)any person authorised under section 229 to exercise any of the functions of the harbour master, if the person so authorised is acting in accordance with the authorisation;

harbour master licence means a licence granted under section 224;

hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants;

licensed harbour master means a person who is the holder of a harbour master licence;

licensed pilot means a pilot who is the holder of a pilot licence;

local knowledge certificate means a certificate issued under section 83;

local port has the same meaning as in the Port Management Act 1995;

local port manager means, in relation to a local port, the person or body appointed under section 44A of the Port Management Act 1995 as the port manager of that port;

marine incident means—

(a)a death of, or injury to, a person onboard a vessel caused by the operation or navigation of a vessel; or

(b)the loss or presumed loss of a vessel; or

(c)a collision of vessels; or

(d)a collision by a vessel with an object; or

(e)the grounding, sinking, flooding or capsizing of a vessel; or

(f)a fire onboard a vessel; or

(g)a loss of stability of a vessel that affects the safety of the vessel; or

(h)the structural failure of a vessel; or

(i)a close quarters situation; or

(j)an event that results in—

(i)the death of, or injury to, a person onboard a vessel; or

(ii)the loss of a person from a vessel; or

(iii)a vessel becoming disabled and requiring assistance; or

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(k)the fouling or damaging by a vessel of—

(i)any pipeline or submarine cable; or

(ii)any aid to navigation within the meaning of the Commonwealth Navigation Act;

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marine licence means—

(a)a general marine licence; or

(b)a restricted marine licence;

marine operations means marine safety infrastructure operations or vessel operations;

marine safety equipment means equipment designed or used to prevent or mitigate the consequences of a marine incident and includes—

(a)personal flotation devices carried on a vessel; and

(b)telecommunications systems carried or installed on a vessel; and

(c)flares and other devices carried on a vessel that can be used to attract attention to the vessel or indicate the vessel's position; and

(d)position identification systems carried or installed on a vessel; and

(e)anchors and other devices carried on a vessel that may be used to maintain the vessel's position or stability; and

(f)oars and other alternative means of propulsion carried on a vessel; and

(g)fire extinguishers carried or installed on a vessel; and

(h)lights carried or installed on a vessel; and

(i)thermal protective aids carried on a vessel;

marine safety equipment design and construction activities means designing, commissioning, constructing, manufacturing, maintaining, repairing or modifying marine safety equipment;

marine safety infrastructure means the channels and facilities that are necessary to ensure the safety of marine operations and includes—

(a)navigation aids and associated structures and works; and

(b)signage and associated structures and works; and

(c)lights and associated structures and works; and

(d)telecommunications systems and associated structures and works; and

(e)buildings used for the purpose of observing vessel operations; and

(f)traffic management systems (including vessel traffic systems and associated structures and works); and

(g)plant and machinery used for dredging; and

(h)slipways, wharves, jetties, piers and other berthing facilities; and

(i)boat ramps and other launching facilities;

marine safety infrastructure operations means—

(a)designing, commissioning, constructing, dredging, manufacturing, erecting, installing, operating, maintaining, repairing, monitoring or managing marine safety infrastructure; or

(b)operating communications systems (including signals) and vessel traffic management systems for the purpose of directing the safe movement of vessels in port waters;

marine safety matter has the same meaning as in the Transport Integration Act 2010;

marine safety work means any activity that may affect the safety of marine safety infrastructure operations or vessel operations in respect of a vessel, including—

(a)navigating, conducting or controlling the movement of a vessel;

(b)facilitating the navigation, conduct or control of the movement of a vessel;

(c)implementing and maintaining safe working systems for—

(i)marine safety infrastructure operations; or

(ii)vessel operations;

(d)installing, designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing marine safety infrastructure;

(e)any work involving certification as to the safety of marine safety infrastructure or any part of marine safety infrastructure;

(f)any work involving the development, management or monitoring of safe working systems for marine safety infrastructure operations;

(g)any work connected to the removal of hazards, obstructions or dangers to the safety of—

(i)marine safety infrastructure operations; or

(ii)vessel operations;

(h)directing (including through the use of signals and signs and radio or other electronic communications) the movement of vessels in port waters;

(i)any other work that is prescribed as marine safety work;

marine safety worker—

(a)means a person who has carried out, is carrying out or is about to carry out marine safety work; and

(b)does not include a volunteer;

marine search and rescue vessel means a vessel prescribed as a marine search and rescue vessel;

master, in relation to a vessel, means a person having command or charge of the vessel;

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navigation aid means a device used for navigation, and includes a beacon, buoy, marine mark, light house and light ship, but does not include a device on board a vessel;

officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;

operate, except in section 87, means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) that is not—

(a)at anchor; or

(b)made fast to the shore; or

(c)aground; or

(d)ashore;

owner, in relation to a vessel, includes a person having a beneficial interest in the vessel, a demise or sub-demise charterer of the vessel and any person having exclusive possession of the vessel;

permission means any of the following—

(a)a marine licence;

(b)an endorsement on a marine licence;

(c)a harbour master licence;

(d)a pilot licence;

(e)a pilot exemption;

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(j)a local knowledge certificate;

(k)registration as a pilotage services provider under Chapter 7;

(l)registration of a vessel;

(m)an accreditation;

personal watercraft means any recreational vessel 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

(d)is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel;

pilot means a person who does not belong to, but has the conduct of, a vessel;

pilot exemption means an exemption granted under section 254;

pilot exempt master means a master of a vessel who is the holder of a pilot exemption;

pilot licence means a licence granted under section 252;

pilot required waters means those parts of State waters to which a declaration under section 250 applies;

pilotage services means—

(a)the service of providing a pilot to navigate a vessel within, or into or out of, port waters; or

(b)the service of providing transport and transfer of a pilot to and from a vessel for which services under paragraph (a) are required; or

(c)both of the services referred to in paragraphs (a) and (b);

pilotage services provider means a person registered under section 241 to provide pilotage services;

police officer has the same meaning as in the Victoria Police Act 2013;

port includes any of the following waters, or any part of those waters—

(a)any harbour or haven, whether natural or artificial;

(b)any estuary, channel, river, creek or roadstead;

(c)any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers;

port management body means—

(a)in relation to the port of Melbourne, Ports Victoria when it is performing functions and exercising powers in the port of Melbourne;

(b)in relation to—

(i)the waters declared under section 5 of the Port Management Act 1995 to be the port of Geelong, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;

(ii)the waters declared under section 5 of the Port Management Act 1995 to be the port of Portland, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;

(iii)port of Hastings waters, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;

port of Hastings has the same meaning as in the Port Management Act 1995;

port of Hastings waters has the same meaning as in the Port Management Act 1995;

port of Melbourne has the same meaning as in the Port Management Act 1995;

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port of Melbourne operator has the same meaning as in the Port Management Act 1995;

port of Melbourne waters has the same meaning as in the Port Management Act 1995;

port waters has the same meaning as in the Port Management Act 1995;

Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

recreational hire and drive vessel has the meaning given by section 4A;

recreational vessel has the meaning given by section 4B;

registered person, in relation to—

(a)a recreational vessel, means each of the following—

(i)the person in whose name the vessel is registered or the person recorded on a register of vessels maintained under a corresponding law as the person responsible for the vessel;

(ii)if Safe Transport Victoria, or a corresponding authority under a corresponding law, has received notice of transfer of registration of the vessel, the person whose name is disclosed in the records kept by Safe Transport Victoria or the corresponding authority (as the case requires) as being responsible for the vessel;

(iii)if the vessel displays a special identification plate issued by Safe Transport Victoria or by a corresponding authority under a corresponding law, the person to whom the plate is assigned;

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registered recreational vessel means a recreational vessel that is of a kind which is required by or under Part 3.1 to be registered;

regulated Australian vessel has the same meaning as in section 15 of the Commonwealth Navigation Act;

regulated hire and drive vessel means—

(a)a recreational 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 recreational hire and drive vessel specified by the regulations for the purposes of this paragraph;

relevant marine safety law means—

(a)a provision of this Act or of any regulations made under this Act;

(b)a provision of the Port Management Act 1995 or any regulations made under that Act;

(c)section 37 of the Pollution of Waters by Oil and Noxious Substances Act 1986 or any regulations made under that Act for the purposes of that section;

(d)a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 and any regulations made under that Act;

reportable incident means an event referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (i) or (j)(ii), (j)(iii) or (k) of the definition of marine incident;

restricted marine licence means a licence granted under section 54;

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Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

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State waters means—

(a)the territorial sea adjacent to the State; and

(b)the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and

(c)waters within the limits of the State;

supply includes—

(a)in relation to goods—supply and resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent;

(b)in relation to services—provide, grant or confer, whether as principal or agent;

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transport safety officer has the same meaning as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

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unmanaged waterways means the parts of State waters—

(a)in respect of which there is no person or body declared to be the waterway manager under section 6; or

(b)that are not part of a local port; or

(c)that are not part of the waters of the port of Melbourne, port of Geelong, port of Hastings or port of Portland;

unsafe vessel has the meaning given by section 5;

vessel means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—

(a)a barge, lighter, floating restaurant or other floating vessel; and

(b)an air-cushion vehicle, or other similar craft, that is used in navigation by water; and

(c)any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne; and

(d)a life boat; and

(e)a thing being towed by a vessel; and

(ea)a thing prescribed to be a vessel; and

(f)an off-shore industry mobile unit within the meaning of the Commonwealth Navigation Act—

but does not include a facility within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

vessel design and supply activities means designing, commissioning, constructing, manufacturing, maintaining, repairing or modifying a vessel;

vessel operations means—

(a)operating a vessel; or

(b)actions of a pilot when the pilot has conduct of a vessel, including the navigation of the vessel;

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volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);

waterway manager means a person or body that has been declared under section 6 to be a waterway manager;

waterway rules means rules made under Part 5.1.

(2)A reference to an engine in this Act or the regulations 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.

(3)Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act.

4Meaning of close quarters situation

For the purposes of this Act, a close quarters situation is a situation where—

(a)at least 2 vessels pass within proximity of each other such that a reasonable person would in all the circumstances conclude there was a risk of collision by those vessels;

(b)one vessel passes within proximity of an object such that a reasonable person would in all the circumstances conclude there was a risk of collision by that vessel with that object.

4AMeaning of recreational hire and drive vessel

For the purposes of this Act, a vessel is a recreational hire and drive vessel if the vessel is a hire and drive vessel being used wholly for recreational purposes.

4BMeaning of recreational vessel

(1)For the purposes of this Act, a vessel is a recreational vessel if—

(a)the vessel is used or intended to be used for the purpose of recreation or sport and not for hire or reward; or

(b)the vessel is owned by—

(i)a primary or secondary school; or

(ii)a community group of a kind prescribed for the purposes of section 7(3)(d) of Schedule 1 to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth by regulations made under that Act;

(c)the vessel is, or is of a class that is, declared under section 7 to be a recreational vessel or class of recreational vessel.

(2)Despite subsection (1), a vessel is not a recreational vessel if the vessel is a domestic commercial vessel.

(3)Despite subsection (1)(b), a vessel is not a recreational vessel at any time if at that time the vessel is a domestic commercial vessel.

5Meaning of unsafe vessel

For the purposes of this Act, a vessel is an unsafe vessel if the operation of the vessel may endanger any person because of—

(a)the condition or equipment of the vessel; or

(b)the manner in which cargo and equipment on the vessel is stowed or secured; or

(c)the nature of the cargo; or

(d)the overloading of the vessel with persons or cargo; or

(e)the number or qualifications of its crew; or

(f)the absence of marine safety equipment that is required under this Act or the regulations to be carried or installed on the vessel.

6Declaration of waterway managers

(1)The Minister, by Order published in the Government Gazette, may declare—

(a)Safe Transport Victoria; or

(b)a person or a body established or constituted by or under any Act for any public purpose—

to be the waterway manager of a part of State waters that is specified in the Order.

(2)The Minister may make an Order under subsection (1) only if Safe Transport Victoria or the person or body agrees to being declared a waterway manager.

(3)An Order under subsection (1) has effect for the period specified in the Order.

(4)A period specified in an Order under subsection (1) must not exceed 5 years commencing after the Order takes effect.

7Declaration of vessels

(1)Safe Transport Victoria, by notice published in the Government Gazette, may declare—

(a)a vessel to be a recreational vessel;

(b)a class of vessel to be a class of recreational vessel.

(2)A declaration under subsection (1) may be for a specified period.

Note

In making a declaration under this section Safe Transport Victoria must have regard to guidelines made by the Minister under section 31A of the Transport Integration Act 2010: see section 258(2).

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PART 1.3—APPLICATION

9Application of Act

(1)Unless specifically provided otherwise by a provision of this Act, this Act applies to and in relation to the following vessels, and the owner, master and crew of any such vessel—

(a)a vessel within State waters; and

(b)a vessel connected with Victoria, wherever it may be.

(2)The Marine Safety (Domestic Commercial Vessels) National Law prevails over this Act to the extent of any inconsistency.

(3)For the purpose of this section, a vessel is connected with Victoria if it—

(a)is registered or deemed to be registered under the Shipping Registration Act 1981 of the Commonwealth with a home port in Victoria; or

(b)is owned by a body corporate that is established under Victorian law or that has its principal office or place of business in Victoria, or is in the possession of such a body corporate by virtue of a charter; or

(c)is owned by any person whose chief office or place of business in respect of the management of the vessel is in Victoria, or is in the possession of such a person by virtue of a charter; or

(d)is registered or licensed or required to be registered or licensed under Victorian law.

10Act does not apply to defence force vessels

This Act does not apply to or in relation to a vessel belonging to the naval, military or air forces of the Commonwealth or of any other country.

11Interaction with the Occupational Health and Safety Act 2004

(1)If a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act (OHS provision) applies to an activity in respect of which a duty is imposed under Parts 2.2 to 2.6, the OHS provision continues to apply, and must be observed in addition to Parts 2.2 to 2.6 and any regulations made under this Act made for the purposes of those Divisions.

Note

See also section 51 of the Interpretation of Legislation Act 1984.

(2)If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act, the Occupational Health and Safety Act 2004 or the regulations made under it prevail to the extent of the inconsistency.

(3)Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.

(4)Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.

12Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

13Crown to be bound

(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act makes the Commonwealth or a State or Territory liable to be prosecuted for an offence.

(3)Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory to be prosecuted for an offence.

PART 1.4—OBJECTS AND PRINCIPLES

Division 1—Objects

14Objects

The objects of this Act are to promote—

(a)the safety of marine operations; and

(b)the effective management of safety risks in marine operations and in the marine operating environment; and

(c)continuous improvement in marine safety management; and

(d)public confidence in the safety of marine operations; and

(e)involvement of relevant stakeholders in marine safety; and

(f)a culture of safety among all participants in the marine operating environment.

Division 2—Principles of marine safety

15Principle of shared responsibility

(1)Marine safety is the shared responsibility of—

(a)owners of vessels; and

(b)marine safety workers; and

(c)persons involved in recreational boating activities; and

(d)pilots and pilotage services providers; and

(e)port management bodies, the port of Melbourne operator, local port managers and waterway managers; and

(f)other persons who—

(i)design, commission, construct, manufacture, supply, install, maintain, repair or modify marine safety infrastructure, vessels or marine safety equipment; and

(ii)supply marine safety infrastructure operations to port management bodies; and

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(g)Safe Transport Victoria; and

(h)the public.

(2)The level and nature of responsibility that a person referred to in subsection (1), or falling within a class of person referred to in subsection (1), has for marine safety is dependent on the nature of the risk to marine safety that the person creates from the carrying out of an activity (or the making of a decision) and the capacity that person has to control, eliminate or mitigate that risk.

16Principle of accountability for managing safety risks

Managing risks associated with the carrying out of marine operations is the responsibility of the person best able to control that risk.

17Principle of integrated risk management

If approaches to managing risks associated with any particular vessel, marine safety equipment or marine safety infrastructure have potential impacts on any other vessel, marine safety equipment or marine safety infrastructure, the best practicable marine safety outcome should be sought.

18Principle of enforcement

Enforcement of this Act and regulations made under this Act should be undertaken for the purpose of—

(a)protecting public safety;

(b)promoting improvement in marine safety;

(c)removing incentive for any unfair commercial advantage that might be derived from contravening the marine safety requirements under this Act or the regulations; and

(d)influencing the attitude and behaviour of persons whose actions may have adverse impacts on marine safety.

19Principle of transparency

Marine regulatory decision making processes should be timely and transparent.

20Principle of participation, consultation and involvement of all affected persons

The persons and classes of persons referred to in section 15 should—

(a)participate in or be able to participate in; and

(b)be consulted on; and

(c)be involved in—

the formulation and implementation of measures to manage risks to safety associated with marine operations.

21Principle of equity of use of Victorian waterways

A use of State waters will not be unduly favoured to the detriment of other uses of those waters.

Division 3—Other matters

22Effect of objects and marine safety principles

The Parliament does not intend by this Part to create in any person any legal right or give rise to any civil cause of action.

CHAPTER 2—MARINE SAFETY DUTIES

PART 2.1—THE CONCEPT OF ENSURING SAFETY

23The concept of ensuring safety

(1)To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety, requires the person to—

(a)eliminate risks to safety so far as is reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

(2)To avoid doubt, for the purposes of Parts 2.2 to 2.6 or regulations made for the purposes of those Parts regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

(a)the likelihood of the hazard or risk concerned eventuating;

(b)the degree of harm that would result if the hazard or risk eventuated;

(c)what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d)the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e)the cost of eliminating or reducing the hazard or risk.

PART 2.2—SAFETY DUTIES OF PORT MANAGEMENT BODIES AND LOCAL PORT MANAGERS

24Duties of port management bodies and local port managers to ensure safety of marine safety infrastructure operations

(1)A port management body or local port manager must, so far as is reasonably practicable, ensure the safety of marine safety infrastructure operations carried out by the port management body or local port manager or supplied to that body or manager.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)Without limiting subsection (1), a port management body or local port manager contravenes that subsection if the port management body or local port manager fails to do any of the following—

(a)provide or maintain marine safety infrastructure that is, so far as is reasonably practicable, safe;

(b)provide or maintain systems related to navigation and marine safety in port waters that are, so far as is reasonably practicable, safe;

(c)control the provision of services related to navigation and marine safety in port waters so that those services are provided in a manner that are, so far as is reasonably practicable, safe;

(d)provide, so far as is reasonably practicable, information, instruction, control in matters relating to navigation and marine safety in port waters to enable users of a port under the control of the port management body or local port manager to undertake vessel operations safely;

(e)provide or maintain systems of marine safety work that are, so far as is reasonably practicable, safe;

(f)provide, so far as is reasonably practicable, such information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe.

(3)An offence against subsection (1) is an indictable offence.

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PART 2.2A—SAFETY DUTY OF PORT OF MELBOURNE OPERATOR

25Duty of port of Melbourne operator to ensure safety of marine safety infrastructure operations

(1)The port of Melbourne operator must, so far as is reasonably practicable, ensure the safety of marine safety infrastructure operations carried out by it or supplied to it in the port of Melbourne.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)Without limiting subsection (1), the port of Melbourne operator contravenes that subsection if the port of Melbourne operator fails to do any of the following—

(a)provide or maintain marine safety infrastructure that is, so far as is reasonably practicable, safe;

(b)provide or maintain systems of marine safety work that are, so far as is reasonably practicable, safe;

(c)provide, so far as is reasonably practicable, such—

(i)information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe; and

(ii)information to persons (other than marine safety workers) at, or in the immediate area around, a place where marine safety work is being performed as is necessary to enable those persons to ensure their safety.

(3)An offence against subsection (1) is an indictable offence.

PART 2.2B—SAFETY DUTIES OF PERSONS WHO MANAGE BOATING ACTIVITY EVENTS

25ADuty of a person who manages a boating activity event to ensure safety of participants and other affected persons

(1)A duty holder who manages a boating activity event must, so far as is reasonably practicable, ensure the safety of participants in the boating activity event or persons affected by the boating activity event.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

(3)Without limiting subsection (1), a duty holder contravenes that subsection if the duty holder fails to do any of the following—

(a)provide, so far as is reasonably practicable, participants with information to enable those participants to participate in the boating activity event safely;

(b)comply, so far as is reasonably practicable, with accepted safety standards or manuals that are specific to the type of boating activity event being undertaken;

(c)ensure, so far as is reasonably practicable, that rescue and first aid capabilities or services are available to participants in boating activity events.

(4)For the purposes of this section, a duty holder manages a boating activity event if that duty holder organises, facilitates or controls a boating activity event.

(5)In this section—

boating activity event—

(a)means an event on State waters that directly or indirectly involves vessel operations; and

Examples

Boat race, open water swimming race, water sports competition or exhibition, filming or promotional event, school kayak excursion.

(b)does not include—

(i)a pyrotechnic display or show on State waters; or

(ii)groups of people cruising together in vessels on State waters in an informal manner;

duty holdermeans an employer or self-employed person (within the meaning of the Occupational Health and Safety Act 2004) but does not include—

(a)an employee (within the meaning of that Act) of a duty holder who manages a boating activity event; or

(b)a volunteer (within the meaning of that Act).

Note

This section applies irrespective of whether a duty holder who manages the boating activity event has applied for or obtained an exemption or the establishment of an exclusion zone under Part 5.3.

PART 2.3—SAFETY DUTIES OF MARINE DESIGNERS,
MANUFACTURERS AND SUPPLIERS AND MARINE CONTRACTORS

26Safety duties in relation to design, manufacture and supply of vessels

(1)A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a recreational vessel must—

(a)ensure, so far as is reasonably practicable, that the vessel is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified;

(b)carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section;

(c)in the case of a vessel to which paragraph (a) applies, take such action as is necessary to ensure that there will be available in connection with the use of the vessel adequate information about—

(i)the use for which the vessel was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified; and

(ii)the results of any testing or examination referred to in paragraph (b); and

(iii)any conditions necessary to ensure the vessel is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

(3)For the purposes of subsection (1), if the person who supplies the recreational vessel—

(a)carries on the business of financing the acquisition of the thing by customers; and

(b)has, in the course of that business, acquired an interest in the vessel solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

(c)has not taken possession of the vessel or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in subsection (1) to the person who supplies that vessel is instead taken to be a reference to the third person.

27Safety duties in relation to design, manufacture and supply of marine safety equipment

(1)A person who—

(a)designs, commissions, constructs, manufactures, supplies, installs, maintains, repairs or modifies any thing; and

(b)knows, or ought reasonably to know, that the thing is, or is to be used as, marine safety equipment—

must—

(c)ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, maintained, repaired or modified;

(d)carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section;

(e)in the case of a thing to which paragraph (c) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—

(i)the use for which the thing was designed, commissioned, constructed, manufactured, supplied, installed, maintained, repaired or modified; and

(ii)the results of any testing or examination referred to in paragraph (d); and

(iii)any conditions necessary to ensure the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, maintained, repaired or modified.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

(3)For the purposes of subsection (1), if the person who supplies the thing—

(a)carries on the business of financing the acquisition of the thing by customers; and

(b)has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

(c)has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in subsection (1) to the person who supplies that thing is instead taken to be a reference to the third person.

(4)This section does not apply to a thing that is, or is to be used as, marine equipment that is solely for domestic commercial vessels.

28Duties of suppliers of marine safety infrastructure operations to port management bodies and local port managers

(1)A person who supplies marine safety infrastructure operations to a port management body or local port manager must, so far as is reasonably practicable, ensure the safety of those operations.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)Without limiting subsection (1), a person contravenes that subsection if the person fails to do any of the following—

(a)provide or maintain marine safety infrastructure that is, so far as is reasonably practicable, safe;

(b)provide or maintain systems of marine safety work that are, so far as is reasonably practicable, safe;

(c)provide, so far as is reasonably practicable, such—

(i)information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe; and

(ii)information to persons (other than marine safety workers) at, or in the immediate area around, a place where marine safety work is being performed as is necessary to enable those persons to ensure their safety.

(3)An offence against subsection (1) is an indictable offence.

29Duties of pilotage service providers to owners of vessels

(1)A person who is not a marine safety worker and who supplies pilotage services to an owner of a vessel must, so far as is reasonably practicable, ensure the safety of those services.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)Without limiting subsection (1), a person contravenes that subsection if the person fails to do any of the following—

(a)ensure, so far as is reasonably practicable, that a pilot provided by the person to an owner of a vessel is not impaired by fatigue, alcohol or other drug;

(b)ensure, so far as is reasonably practicable, that a pilot provided by the person to an owner of a vessel to carry out an activity mentioned in paragraph (a) or (b) of the definition of marine safety work—

(i)is medically fit and able to carry out the activity for which the pilot has been provided; and

(ii)is qualified and competent to carry out the activity for which the pilot has been provided;

(c)provide, so far as is reasonably practicable, such information, instruction, training or supervision to a pilot provided by the person to an owner of a vessel as is necessary to enable the pilot to safely carry out an activity mentioned in paragraph (a) or (b) of the definition of marine safety work.

(3)An offence against subsection (1) is an indictable offence.

PART 2.4—MARINE SAFETY WORKER DUTIES

30Duties of marine safety workers

(1)A marine safety worker, when carrying out marine safety work, must—

(a)take reasonable care for his or her own safety; and

(b)take reasonable care for the safety of persons who may be affected by the marine safety worker's acts or omissions; and

(c)co-operate with the regulated entity employing or engaging them with respect to any action taken by the entity to comply with a requirement imposed by or under this Act or the regulations.

Penalty:1800 penalty units.

(2)A marine safety worker, when carrying out marine safety work, must not intentionally or recklessly interfere with or misuse anything provided to them by the regulated entity employing or engaging them—

(a)in the interests of safety; or

(b)under this Act or the regulations.

Penalty:1800 penalty units.

(3)A marine safety worker, when carrying out marine safety work, must not wilfully or recklessly place the safety of another person on or in the immediate vicinity of marine safety infrastructure at risk.

Penalty:1800 penalty units.

(4)For the purposes of subsection (1)(a) or (b), in determining whether a marine safety worker failed to take reasonable care, regard must be had to what the marine safety worker knew about the relevant circumstances.

(5)An offence against subsection (1), (2) or (3) is an indictable offence.

(6)In this section regulated entity means a person to whom section 24, 26, 27, 28 or 29 applies.

PART 2.5—SAFETY DUTIES RELATING TO RECREATIONAL VESSEL AND RECREATIONAL HIRE AND DRIVE VESSEL OPERATIONS

31Masters of recreational vessels or recreational hire and drive vessels must take reasonable care

(1)A master of a recreational vessel or recreational hire and drive vessel must, when carrying out vessel operations—

(a)take reasonable care for his or her own safety; and

(b)take reasonable care for the safety of persons who may be affected by the master's acts or omissions.

Penalty:60 penalty units.

(2)A master of a recreational vessel or recreational hire and drive vessel, when carrying out vessel operations, must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the recreational vessel or recreational hire and drive vessel at risk.

Penalty:60 penalty units.

(3)For the purposes of subsection (1)(a) or (b), in determining whether a master of a recreational vessel or recreational hire and drive vessel failed to take reasonable care, regard must be had to what the master knew about the relevant circumstances.

32Persons participating in the operation of a recreational vessel must take reasonable care

(1)A person (other than the master of a recreational vessel) who operates a recreational vessel must, when doing so under the direction of the master of the recreational vessel—

(a)take reasonable care for his or her own safety; and

(b)take reasonable care for the safety of persons who may be affected by his or her acts or omissions; and

(c)comply with a direction of the master that the master has given to the person—

(i)in order for the master to operate the vessel safely; or

(ii)in order for the master or person to comply with a requirement imposed under this Act or the regulations.

Penalty:25 penalty units.

(2)A person (other than the master of a recreational vessel) who operates a recreational vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master—

(a)in the interests of safety; or

(b)in accordance with this Act or the regulations.

Penalty:60 penalty units.

(3)A person (other than the master of a recreational vessel) who operates a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the recreational vessel at risk.

Penalty:60 penalty units.

(4)For the purposes of subsection (1)(a) or (b), in determining whether a person who is subject to that subsection failed to take reasonable care, regard must be had to what the person knew about the relevant circumstances.

(5)A person is not guilty of an offence against subsection (1)(c)—

(a)if the master of the vessel did not warn the person that a failure to comply with a direction could result in the person being charged with an offence against that subsection; or

(b)if the person has a reasonable excuse for not complying with a direction of the master.

PART 2.6—SAFETY DUTIES OF PASSENGERS ON VESSELS

33Passengers on board recreational vessels must take reasonable care

(1)A passenger on board a recreational vessel must—

(a)take reasonable care for his or her own safety; and

(b)comply with a direction of the master of the vessel that the master has given to the person—

(i)in order for the master to operate the vessel safely; or

(ii)in order for the master or passenger to comply with a requirement imposed under this Act or the regulations.

Penalty:25 penalty units.

(2)A passenger on board a recreational vessel must not intentionally or recklessly interfere with or misuse anything provided to them by the master of the vessel—

(a)in the interests of safety; or

(b)in accordance with this Act or the regulations.

Penalty:60 penalty units.

(3)A passenger on board a recreational vessel must not wilfully or recklessly place the safety of another person on board, or in the immediate vicinity of, the vessel at risk.

Penalty:60 penalty units.

(4)For the purposes of subsection (1)(a), in determining whether a passenger on board a recreational vessel failed to take reasonable care, regard must be had to what the passenger knew about the relevant circumstances.

(5)A passenger on board a recreational vessel is not guilty of an offence against subsection (1)(b)—

(a)if the master of the vessel did not warn the passenger that a failure to comply with a direction could result in the passenger being charged with an offence against that subsection; or

(b)if the passenger has a reasonable excuse for not complying with a direction of the master.

PART 2.7—OTHER MATTERS

34Single charge for multiple contraventions of certain duties

(a)a proceeding has been commenced before the commencement day in the Magistrates' Court under section 125 of the Marine Act in relation to a decision to—

(i)impose or vary a condition on an operator licence or personal watercraft endorsement; or

(ii)vary an operator licence; and

(b)that proceeding has not been finally determined before that day.

(2)Despite anything to the contrary in this Act, the proceeding must be heard and determined as if the Marine Act and Marine Regulations were in force.

(3)If the effect of the determination of the Magistrates' Court is that a condition be imposed on the operator licence—

(a)the determination of the court is taken to be a determination to impose a condition on the marine licence to which section 327 applies; and

(b)the marine licence is, on the day that determination takes effect, taken to be varied to include the condition imposed.

(4)If the effect of the determination of the Magistrates' Court is that a condition on the operator licence be varied—

(a)the determination of the court is taken to be a determination to vary the condition of the marine licence to which section 327 applies; and

(b)the condition of the marine licence is, on the day that determination takes effect, taken to be varied in accordance with that determination.

(5)If the effect of the determination of the Magistrates' Court is that a condition be imposed on the personal watercraft endorsement—

(a)the determination of the court is taken to be a determination to impose a condition on the licence endorsement on the marine licence to which section 328 applies; and

(b)the licence endorsement is, on the day that determination takes effect, taken to be varied to include the condition imposed.

Note

See also section 327.

(6)If the effect of the determination of the Magistrates' Court is that a condition on the personal watercraft endorsement be varied—

(a)the determination of the court is taken to be a determination to vary the condition of the licence endorsement on the marine licence to which section 328 applies; and

(b)the condition of the licence endorsement is, on the day that determination takes effect, taken to be varied in accordance with that determination.

Note

See also section 327.

(7)If the effect of the determination of the Magistrates' Court is that an operator licence be varied—

(a)the determination of the court is taken to be a determination to vary the marine licence to which section 327 applies; and

(b)the marine licence is, on the day that determination takes effect, taken to be varied in accordance with that determination.

371Appeals against disqualifications by order of a court

(1)This section applies if—

(a)a proceeding has been commenced before the commencement day under section 126 of the Marine Act by a person or child who is disqualified from obtaining an operator licence by order of the Magistrates' Court or the Children's Court; and

(b)that proceeding has not been finally determined before that day.

(2)Despite anything to the contrary in this Act, the proceeding must be heard and determined as if the Marine Act and Marine Regulations were in force.

(3)If the effect of the decision of the court hearing the appeal is that the person or child is disqualified from obtaining an operator licence, that person is taken to be disqualified from obtaining a marine licence for the period of that disqualification.

372Appeals against cancellation or suspension of operator licence by order of a court

(1)This section applies if—

(a)a proceeding has been commenced before the commencement day under section 126 of the Marine Act by a person or child whose operator licence has been cancelled or suspended by order of the Magistrates' Court or the Children's Court; and

(b)that proceeding has not been finally determined before that day.

(2)Despite anything to the contrary in this Act, the proceeding must be heard and determined as if the Marine Act and Marine Regulations were in force.

(3)If the effect of the decision of the court hearing the appeal is that the person's or child's operator licence is suspended—

(a)the order of the court is taken to be an order to suspend the marine licence to which section 327 applies; and

(b)the marine licence is, on the day that order takes effect, taken to be suspended for the period determined by the court.

(4)If the effect of the decision of the court hearing the appeal is that the person's or child's operator licence is cancelled—

(a)the order of the court is taken to be an order to cancel the marine licence to which section 327 applies; and

(b)the marine licence is, on the day that order takes effect, taken to be cancelled.

373Delegations of waterway managers

On the commencement day every instrument of delegation made under section 112 of the Marine Act is taken to be an instrument of delegation made under section 217.

374References to Director to be read as references to Safety Director

On and after the commencement day, every reference in a document whatsoever made or created under the Marine Act or Marine Regulations to the Director is to be read as the Safety Director unless the context otherwise requires.

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SCHEDULES

SCHEDULE 1—PARTICULAR POWERS OF SAFE TRANSPORT VICTORIA

Section 259

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PILOTS AND PILOT EXEMPT MASTERS

4.To issue, cancel or suspend the licences of pilots and of pilot exempt masters.

5.To inquire into the conduct of pilots and pilot exempt masters.

6.To impose conditions on licences of pilots or pilot exempt masters and to vary any conditions so imposed.

HARBOUR MASTERS

7.To issue, cancel or suspend the licences of harbour masters and to amend, vary or revoke licences of harbour masters.

8.To inquire into the conduct of harbour masters.

PILOTAGE SERVICES PROVIDERS

9.To register or renew the registration of pilotage services providers.

10.To issue certificates of registration to pilotage services providers.

11.To cancel or suspend the registration of pilotage services providers.

12.To inspect vessels and equipment of pilotage services providers to ensure compliance with safety standards.

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SURVEY OF VESSELS

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15.To survey and register all recreational vessels.

16.To cause vessels to be inspected to make sure that the vessels and their equipment comply with this Act and the regulations.

17.To cause unseaworthy vessels to be detained.

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TONNAGE

20.To determine the tonnage of vessels.

NAVIGATION

21.To detain vessels not equipped as required.

22.To determine the requirements for preventing collisions and with respect to lights, fog-signals and sailing rules.

23.To provide and maintain, in accordance with the standards developed by Safe Transport Victoria, navigation aids in State waters for which Safe Transport Victoria is the waterway manager.

24.To give directions (not being directions that would endanger the life of any person on the vessel) prohibiting the entry into, or requiring the removal from, any State waters of any vessel that Safe Transport Victoria has reasonable cause to believe is unseaworthy or in imminent danger of sinking and causing an obstruction to navigation or is in imminent danger of causing serious damage to the marine environment or property in State waters.

25.If Safe Transport Victoria considers it desirable to do so for the safety or convenience of navigation in State waters, by notice served on the owner or person in possession or control of a light (including a fire, lamp, illuminated sign, street light or other illuminating device) to require that owner or person to extinguish, remove, relocate, alter or modify the light as specified in the notice or do or refrain from doing any specified thing in relation to the light.

26.To control navigation and vessel movements in State waters for which Safe Transport Victoria is the waterway manager.

27.To designate anchorage areas in State waters for which Safe Transport Victoria is the waterway manager.

28.To develop standards for the dredging and maintenance of channels the navigation of which is under the control of Ports Victoria or a channel operator or any other port management body, local port manager or any waterway manager.

29.To direct persons who manage and control channels to publish information about the depths and configurations of the channels.

AGREEMENTS

30.To enter into agreements or contracts with government departments or other public statutory bodies with respect to—

(a)the exercise by Safe Transport Victoria and the government department or other public statutory body of their respective functions or the carrying out or providing by Safe Transport Victoria for the government department or other public statutory body of any works or services; or

(b)the use or joint use by Safe Transport Victoria and the government department or other public statutory body of their respective facilities or the services of their respective staff.

31.To enter into agreements on marine safety matters with a department or public statutory body of the Commonwealth or of another State or a Territory.

SCHEDULE 2—SUBJECT MATTER FOR REGULATIONS

Sections 309, 310,

311 and 312

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LOCAL KNOWLEDGE CERTIFICATES

4.The examination of masters as to their local knowledge and the issuing of local knowledge certificates.

5.The geographic locations in which a local knowledge certificate is required.

6.The type of circumstances in respect of which a master with a local knowledge certificate is not required to use the services of a pilot.

PILOTS AND PILOT EXEMPT MASTERS

7.The examination of people as to their competency to act as pilots.

8.The examination of masters as to their competency to act as pilot to the vessels of which they are masters.

9.Fixing the age at which licensed pilots must retire from service.

PILOTAGE SERVICE PROVIDERS

10.Safety standards that must be complied with by a pilotage service provider registered under Chapter 7.

10A.Requirements to be met or satisfied for the purposes of registration as a pilotage services provider, including, but not limited to, requirements in relation to the following—

(a)systems (including but not limited to safety management systems), procedures and policies to ensure pilots are not impaired by fatigue, alcohol or drugs;

(b)systems (including but not limited to safety management systems), procedures and policies relating to the training, instruction, assessment and supervision of pilots;

(c)maintenance and records of any systems, procedures and policies referred to in paragraphs (a) and (b);

(d)notices and reports to be given to Safe Transport Victoria in relation to any systems, procedures and policies referred to in paragraphs (a) and (b);

(e)for ensuring that pilots employed or engaged are qualified and competent, and medically fit, to act as pilots.

HARBOUR MASTERS

11.The qualifications and experience required on the part of licensed harbour masters and the examination of people as to their competency to be licensed harbour masters.

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SURVEY OF VESSELS

16.The survey of recreational vessels.

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CONSTRUCTION AND EQUIPMENT OF VESSELS

19.The construction of recreational vessels, including prescribing the materials to be used in the construction of recreational vessels, the handling of those materials and the standards for them.

20.The machinery and other equipment that must be carried or installed in vessels.

20A.The safety equipment that must be carried in vessels.

21.The use and maintenance of machinery and other equipment that must be carried or installed in vessels.

22.Requirements to ensure that machinery and other equipment that must be carried or installed in vessels is accessible.

23.The division of vessels into classes having regard to length, gross tonnage or propulsion power.

24.The measurement of vessels, including determination of tonnage.

REGISTRATION OF RECREATIONAL VESSELS

25.The categories of recreational vessels for registration purposes.

26.The exemption of classes of recreational vessel from the requirement to be registered.

27.The duration the registration of a recreational vessel remains in effect after it has been issued.

28.Procedures for achieving a common registration expiry date for two or more recreational vessels registered in the same name.

29.The grounds on which registration may be cancelled or suspended and the procedures to be followed in those cases.

30.The inspection and testing of recreational vessels.

31.The grounds on which, and the procedures by which, the use of a recreational vessel may be prohibited and the conditions on which a prohibition may be made or revoked.

32.Requiring Safe Transport Victoria to be notified of alterations or damage to registered recreational vessels.

33.Requiring Safe Transport Victoria to be notified of changes in the ownership or description of registered recreational vessels.

34.The issue of identification numbers, identification marks, registration labels and plates, and certificates of registration, including the issue of duplicates, the circumstances in which registration labels and plates must be returned and the procedures for their return.

35.The issue of special plates or marks, the circumstances in which they may be issued, the information that is to be contained on them and the conditions on which they may be used.

SAFE NAVIGATION

36.The safe operation and navigation of vessels.

37.The safe anchoring, mooring, riding and securing of vessels.

38.The stability, direction and control of vessels.

39.The slipping, careening and repairing of vessels.

40.Ballast and ballast water.

41.The removal of wrecks and obstructions to navigation.

42.Requirements concerning the disposal of obstructions to navigation removed under section 268.

43.The regulation and control of the use of lights and fire on board any vessel.

44.Fire-fighting on board vessels.

45.Access to and from vessels and the safety of persons embarking or disembarking from such vessels.

46.Bunkering operations or refuelling of vessels.

47.The provision, use and maintenance of navigation lights or shapes.

48.The provision, use and maintenance of sound signalling devices.

49.The carriage of stability data.

50.Requiring masters and other persons operating vessels, and passengers, to wear or carry marine safety equipment.

51.The use of State waters by bathers and others, to the extent that the use affects the operation of vessels.

CARRIAGE OF GOODS

52.The safe carriage of goods.

PASSENGERS

53.Regulating the conduct of passengers, including empowering the master of a vessel to require people to leave the vessel.

54.The maximum number of passengers to be carried on particular vessels or classes of vessel.

55.Prohibiting passengers from doing anything (including smoking) that might create a risk of explosion while a vessel is being refuelled.

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RECREATIONAL HIRE AND DRIVE VESSELS

66.The operation and use of recreational hire and drive vessels.

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69.Requiring the masters of recreational 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.

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71.Making provision for the audit of any documents required by the regulations.

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74.Requiring the master of a recreational hire and drive vessel to provide information to the owner (or agent of the owner) of a hire and drive vessel concerning any licence or certificate the master holds or has held.

LICENSING OF MASTERS OF RECREATIONAL AND REGULATED HIRE AND DRIVE VESSELS

75.The classes and types of recreational vessels for licensing purposes.

76.The duration a marine licence remains in effect after it has been granted.

77.The taking of photographs or making of digitised images for inclusion in marine licence documents.

78.The issue of duplicate marine licence documents.

79.The exemption of persons or classes of persons from the requirement to obtain a marine licence.

80.Tests and training of masters of recreational vessels.

81.Approving tests or courses or conducting tests or courses for the purposes of marine licences or licence endorsements on marine licences for the purposes of granting or renewing a marine licence or granting the licence endorsement.

81A.Requirements to be met by applicants for a marine licence or endorsement.

82.The information Safe Transport Victoria may require an applicant for a marine licence or an endorsement on a marine licence or the holder of a marine licence (including an endorsed marine licence) to give to Safe Transport Victoria.

83.Requirements for holders of interstate or overseas licences or authorities to operate a vessel.

84.Records to be kept about holders of marine licences.

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IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF RECREATIONAL VESSELS

88.The manner and circumstances in which a recreational vessel may be immobilised.

89.The matters that must be included in notices issued, given or served under Part 4.2.

90.Procedures and requirements to be complied with before a recreational vessel or an item or thing left in or on a recreational vessel may be recovered.

91.The circumstances in which a recreational vessel is not eligible for an impoundment or immobilisation order or a forfeiture order under section 118 or 119.

MISCELLANEOUS

92.Licences, certificates, registrations, permits or authorisations granted, issued or made by the Commonwealth or other States or a Territory of the Commonwealth or a recognised Classification Society (that is a member of the International Association of Classification Societies recognised by the Australian Maritime Safety Authority) that may be recognised as being the equivalent of licences, certificates, registrations, permits or authorisations granted, issued or made under this Act or the regulations.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 August 2010

Legislative Council: 2 September 2010

The long title for the Bill for this Act was "A Bill for an Act to provide for safe marine operations in Victoria and to consequentially amend the Marine Act 1988 and other Acts and for other purposes."

The Marine Safety Act 2010 was assented to on 28 September 2010 and came into operation on 1 July 2012: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Marine Safety Act 2010 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	Ss. 315(4), 421 on 1.7.12: s. 2(2); ss 374A(2), 374B(2), 374C(2) inserted on 1.7.13 by No. 36/2013 s. 76: Special Gazette (No. 226) 25.6.13 p. 1
Note:	S. 421 repealed Pt 10.4 (ss 420, 421), Sch. 3 on 1.7.13; s. 374A(2) provided that s. 374A expired on 1.1.14; s. 374B(2) provided that s. 374B expired on 1.1.14; s. 374C(2) provided that s. 374C expired on 1.1.14; s. 315(4) repealed s. 315 on 1.7.17
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 57) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011

Assent Date:	23.8.11
Commencement Date:	Ss 39–41 on 1.1.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011

Assent Date:	13.12.11
Commencement Date:	Ss 3–43 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 29) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012

Assent Date:	7.11.12
Commencement Date:	Ss 26, 27 on 8.11.12; s. 25 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013

Assent Date:	18.6.13
Commencement Date:	Ss 23–79 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013

Assent Date:	24.9.13
Commencement Date:	S. 10 on 1.1.14: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 31) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport (Safety Schemes Compliance and Enforcement) Act 2014,
No. 27/2014

Assent Date:	8.4.14
Commencement Date:	S. 135 on 19.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014,
No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 107) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 25) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date:	22.3.16
Commencement Date:	Ss 158–166 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1; s. 179(Sch. 1 item 4) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Ports and Marine Legislation Amendment Act 2017, No. 55/2017

Assent Date:	8.11.17
Commencement Date:	S. 11 on 18.12.17: Special Gazette (No. 433) 12.12.17 p. 1; ss 4, 5, 10, 12–27, 30, 31, 33 on 31.12.17: Special Gazette (No. 433) 12.12.17 p. 1; ss 6–9, 28, 29 on 30.6.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 30) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	S. 184 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Marine and Fisheries Legislation Amendment Act 2019, No. 35/2019

Assent Date:	22.10.19
Commencement Date:	Ss 11, 16 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 2; ss 12, 13, 15 on 1.1.20: Special Gazette (No. 537) 17.12.19 p. 2; s. 14 on 1.2.20: Special Gazette (No. 537) 17.12.19 p. 2
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 27) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Marine Safety Amendment (Better Boating Fund) Act 2020, No. 39/2020

Assent Date:	1.12.20
Commencement Date:	Ss 3−5 on 1.7.21: Special Gazette (No. 347) 29.6.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	S. 89 on 25.8.21: Special Gazette (No. 460) 24.8.21 p. 1
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	Ss 73–76 on 1.7.22: Government Gazette 23.6.22 p. 2737; ss 68–72 on 1.3.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 7) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Marine Safety Act 2010

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	Ss 56–60, 106(Sch. 1 item 26) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Marine Safety Act 2010

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3   Explanatory details

No entries at date of publication.