Marine Safety Amendment (Better Boating Fund) Act 2020 (Vic)

Marine Safety Amendment (Better Boating Fund) Act 2020

No. 39 of 2020

table of provisions

Section  Page

1Purposes

2Commencement

3New Part 8.1A inserted

4Fees, rates and charges

5Fee for boating facilities and safety education

6Repeal of this Act

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Endnotes

1      General information

Marine Safety Amendment (Better Boating Fund) Act 2020

No. 39 of 2020

[Assented to 1 December 2020]

The Parliament of Victoria enacts:

1Purposes

The main purposes of this Act are to amend the Marine Safety Act 2010—

(a)to provide for the establishment of a trust account to be known as the Better Boating Fund; and

(b)to provide for certain fees imposed by regulations in respect of marine safety to not be limited to an amount related to the cost of providing a service.

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 October 2021, it comes into operation on that day.

3New Part 8.1A inserted

After section Part 8.1 of the Marine Safety Act 2010 insert—

"Part 8.1A—The Better Boating Fund

271GThe Better Boating Fund

(1)There must be established in the Public Account as part of the Trust Fund an account to be known as the Better Boating Fund.

(2)There must be paid into the Better Boating Fund—

(a)any money authorised to be paid into the Better Boating Fund by the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994; and

(b)any money received in relation to marine safety and authorised to be paid into the Better Boating Fund under this Act or any other Act; and

(c)all money that is appropriated by the Parliament for the purposes of the Better Boating Fund; and

(d)all money that is received from the investment of money in the Better Boating Fund.

(3)There may be paid out of the Better Boating Fund—

(a)amounts determined by the Minister or the Treasurer for the purposes of provision and maintenance of boating facilities and services for the public; and

(b)amounts determined by the Minister or the Treasurer for the purposes of provision of boating safety, boating education and boating promotion programs for the public; and

(c)amounts determined by the Minister or the Treasurer for the purposes of safe use of recreational vessels; and

(d)amounts determined by the Minister or the Treasurer for the purposes of safe use of State waters.

(4)There may also be paid out of the Fund amounts approved by the Minister for the payment of costs and expenses incurred—

(a)in administering this Part; and

(b)in monitoring and reporting on the financial operations and financial position of the Better Boating Fund.

(5)Money authorised to be paid into the Better Boating Fund by the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994 under this section may be money paid out of the Consolidated Fund, which is appropriated to the necessary extent.

271HFinancial report of the Better Boating Fund

(1)The Secretary to the Department of Transport must give to the Minister a report for each financial year setting out the following in respect of that financial year—

(a)the total amount of money paid into the Better Boating Fund;

(b)the total amount of money paid out of the Better Boating Fund;

(c)the purposes and allocation of any money paid out of the Better Boating Fund, including—

(i)a description of the project or program to which the money has been allocated; and

(ii)if the allocation of money relates to the establishment, upgrade, maintenance or repair of a boating facility, the location of the boating facility;

(d)the total amount of money in the Better Boating Fund that is carried forward to the next financial year;

(e)the total amount of fees received for—

(i)the registration, renewal and transfer of registration of recreational vessels; and

(ii)the grant, renewal and endorsement of marine licences.

(2)In addition, the report must—

(a)set out the amounts and information required under subsection (1) from the report for the previous financial year; and

(b)show the changes in amounts required under subsection (1)(a), (b), (d) and (e) between the financial year the subject of the report and the previous financial year.

(3)With the approval of the Minister, the Secretary to the Department of Transport must publish the report on an internet site administered by the Department of Transport on or before 1 October next following the financial year to which the report relates.

(3A)The report published under subsection (3) must remain on the internet site administered by the Department until the report for the next financial year is published under that subsection.

(4)The requirements in this section are in addition to any other requirements applying to the Better Boating Fund under Part 7 of the Financial Management Act 1994.".

4Fees, rates and charges

After section 310(4) of the Marine Safety Act 2010 insert—

"(5)A fee under this section for or with respect to the registration, or renewal or transfer of registration, of a recreational vessel, the grant, renewal or endorsement of a marine licence or any other matter in respect of the use of a recreational vessel is not limited to an amount that is related to the cost of providing a service.".

5Fee for boating facilities and safety education

(1)In section 312(1)(b) of the Marine Safety Act 2010, for "from the" substitute "for the".

(2)After section 312(4) of the Marine Safety Act 2010 insert—

"(5)A fee under this section for or with respect to the provision and maintenance of boating facilities and services for the public or the conduct of boating safety, boating education and boating promotion programs is not limited to an amount that is related to the cost of providing a service.".

6Repeal of this Act

This Act is repealed on 1 October 2022.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 14 October 2020

Legislative Council: 29 October 2020

The long title for the Bill for this Act was "A Bill for an Act to amend the Marine Safety Act 2010 to provide for the establishment of the Better Boating Fund and for other purposes."