Marine Safety Regulations 2023 (Vic)

Version No. 001

Marine Safety Regulations 2023

S.R. No. 36/2023

Version as at

11 June 2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provisions

3Commencement

4Revocations

5Definitions

6Construction of references

7Safety Director may declare hazardous areas for the purposes of these Regulations

8Specified regulated hire and drive vessels

9Exemptions

Part 2—Registration of vessels

Division 1—Registration of vessels

10Exemptions from registration

11Application for registration of a vessel

12Period of registration

13Notice of renewal of registration of a vessel

14Renewal of registration of a vessel

15Notification of changes to details of vessels

16Notification of change of name or address

Division 2—Transfer of registration

17Transfer of registration of a vessel—obligations of person disposing of vessel

18Transfer of registration of a vessel—obligations of person acquiring vessel

19Recording of transfer of registration

20Mandatory refusal to record transfer

21Discretionary refusal to record transfer

22Discretionary recording of transfer

23Notice of refusal to record transfer

Division 3—Registration labels and identification marks

24Registration label and identification mark

Division 4—Special identification plates

25Special identification plates

26Conditions of use of special identification plates

Division 5—Prescribed conditions of registration

27Prescribed condition of registration of recreational vessels

Division 6—Register of registered recreational vessels

28Prescribed information for register of registered recreational vessels

Part 3—Marine licences and endorsements

Division 1—Marine licences and endorsements

29Exemptions from requirement to hold a marine licence

30Eligibility to apply for a marine licence

31Licence endorsement required to be the master of a prescribed type of registered recreational vessel

32Licence endorsement required to be the master of a prescribed type of vessel

33Application for a marine licence or marine licence endorsement

34Refusal to grant marine licence or marine licence endorsement

35Marine licence period

36Marine licence expiry date

37Notice of renewal of marine licence

38Renewal of marine licence

39Refusal to renew

40Date of expiry of renewed marine licence

41Recognition of licences, certificates or authorities

42Tests of health or competence

Division 2—Conditions of marine licences

43Prescribed condition of a marine licence

44Prescribed conditions of a restricted marine licence

45Variation of conditions of a marine licence

Division 3—Marine licence document

46Marine licence receipt

47Form of marine licence document

48Issue of replacement marine licence document

49Endorsements specified on marine licence document

50Conditions specified on marine licence document

Division 4—Miscellaneous

51Records

52Change of name or address

53Notification of illness or injury

54Licence holder may surrender marine licence

Part 4—Operation of vessels (general)

Division 1—Safe operation of vessels

55Notice and reasons to be given for direction to prohibit operation of particular vessel

Division 2—Operation of recreational vessels and recreational hire and drive vessels

56Fuelling and restarting of recreational vessel or recreational hire and drive vessel

57Overloaded recreational vessel or recreational hire and drive vessel not to be operated

58Overloading of passengers on flying bridge

59Use of recreational hire and drive vessel

60Observer to be used when towing

Division 3—Equipment required for recreational vessels

61Safety equipment required for recreational vessels

62Firefighting equipment required for recreational vessels

63Placement of firefighting equipment required for recreational vessels

64Maintenance and placement of safety equipment and firefighting equipment

Division 4—Lifejacket requirements

65Definition

66Lifejacket to be worn on certain recreational vessels and hire and drive vessels at all times by person on open area

67Lifejacket to be worn on certain recreational vessels and hire and drive vessels during time of heightened risk

68Children less than 12 years old to wear lifejacket at all times

69Person being towed by vessel to wear lifejacket

70Person not to operate recreational vessel or hire and drive vessel unless each person wears a lifejacket

Division 5—International regulations for preventing collisions at sea

Subdivision 1—Preliminary

71Definitions

72Application

Subdivision 2—Application of Prevention of Collisions Convention to domestic commercial vessels

73Offence for master of a domestic commercial vessel to contravene Prevention of Collisions Convention

Subdivision 3—Application of Prevention of Collisions Convention to recreational vessels and regulated hire and drive vessels

74Application

75Offence for master of a recreational vessel or regulated hire and drive vessel to contravene Prevention of Collisions Convention

76Navigation lights to be displayed

77Conduct of vessels in channels or fairways

78Master of power-driven vessel underway must give way to certain vessels

79Master of sailing vessel underway must give way to certain vessels

Part 5—Enforcement

Division 1—Impoundment, immobilisation and forfeiture of recreational vessels

80Notice to master, owner or registered person

81Evidence of identity and entitlement to recover recreational vessel

82Form of search and seizure warrant

83Form of report on execution of warrant

Division 2—Owner onus offences

84Prescribed period for providing an effective statement

85Prescribed period for accepting or rejecting statements

86Prescribed period for providing a nomination rejection statement

Division 3—Evidentiary matters

87Prescribed measuring devices

88Testing officer

89Testing of prescribed measuring devices

90Sealing of prescribed measuring devices

91Use of prescribed measuring device

92Certificate as to matter extracted from the Safety Director's records

93Certificate as to name in which vessel is registered

94Certificate as to testing and sealing of prescribed speed measuring devices

Part 6—Management of waterways

95Prescribed place for publication of an urgent safety rule

96Directions relating to boating activity exemptions, exclusion zones and works

Part 7—Pilotage services providers

97Conditions on registration as a pilotage services provider

98Prescribed records to be kept by pilotage services providers

Part 8—Prescribed services that may be provided by accredited persons

99Prescribed services

Part 9—Australian Builders Plate Standard

100Definitions

101Prescribed class of recreational vessel

Part 10—Miscellaneous

102Prescribed place for the availability of an approved code of practice

Schedule 1—Types of lifejackets

Schedule 2—Maximum number of persons on board recreational vessels and recreational hire and drive vessels

Schedule 3—Safety equipment on recreational vessels

Schedule 4—Lifejackets to be worn on recreational vessels and hire and drive vessels

Schedule 5—Search and seizure warrant

Schedule 6—Report on execution of search and seizure warrant

Schedule 7—Certificate as to matters which appear in or can be calculated from the records kept by the Safety Director

Schedule 8—Certificate as to registration of vessel issued under section 294(3) of the Marine Safety Act 2010

Schedule 9—Certificate under section 294(5) of the Marine Safety Act 2010

Schedule 10—Matters that comprise the safety management system of a pilotage services provider

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Marine Safety Regulations 2023

S.R. No. 36/2023

Version as at

11 June 2023

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to provide for safe marine operations in Victoria by making provision in relation to—

(a)the registration and operation of recreational vessels; and

(b)the licensing of masters of recreational vessels and regulated hire and drive vessels; and

(c)endorsements of marine licences; and

(d)various other matters for the purposes of the Marine Safety Act 2010.

2Authorising provisions

These Regulations are made under Part 8.10 of the Marine Safety Act 2010.

3Commencement

These Regulations come into operation on 11 June 2023.

4Revocations

The following Regulations are revoked—

(a)the Marine Safety Regulations 2012[1];

(b)the Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013[2];

(c)the Marine Safety Amendment Regulations 2015[3];

(d)the Marine Safety Further Amendment Regulations 2017[4];

(e)the Marine Safety Amendment Regulations 2019[5];

(f)the Marine Safety Amendment Regulations 2021[6].

5Definitions

In these Regulations—

accredited person means a person who has been granted an accreditation under Division 3 of Part 8.1 of the Act;

Australian Builders Plate has the same meaning as it has in the Australian Builders Plate Standard;

breadth, for a vessel, means the maximum breadth of the vessel measured amidships as follows—

(a)if the vessel has a metal hull—to the moulded line of the frame;

(b)if the vessel does not have a metal hull—to the outer surface of the hull;

certificate of operation means—

(a)a certificate issued under section 48 of the Marine Safety (Domestic Commercial Vessel) National Law; or

(b)a certificate recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law;

coastal waters means all waters other than inland waters or enclosed waters;

commercial trading port has the same meaning as it has in the Port Management Act 1995;

competent person has the same meaning as it has in the Australian Builders Plate Standard;

declared port waters means—

(a)in relation to a local port—

(i)land or waters deemed under section 183 of the Port Management Act 1995 to be the land and waters of that local port; or

(ii)State waters declared under section 5(2) of the Port Management Act 1995 to be the port waters of that local port; and

(b)in relation to a commercial trading port—State waters declared under section 5(2) of the Port Management Act 1995 to be the port waters of that commercial trading port;

designated hazardous area means—

(a)Port Phillip Heads; or

(b)any area of State waters declared as a designated hazardous area under regulation 7;

diving equipment means underwater breathing apparatus of a kind that is self-contained (scuba) or is surface supplied;

enclosed waters means—

(a)the declared port waters inside the seaward entrance of the following local ports—

(i)the Port of Apollo Bay;

(ii)the Port of Anderson Inlet;

(iii)the Port of Gippsland Lakes;

(iv)the Port of Snowy River;

(v)the Port of Mallacoota;

(vi)the Port of Port Fairy;

(b)the declared port waters of the Port of Barwon Heads upstream of the Barwon Heads–Ocean Grove road bridge;

(c)the declared port waters of the Port of Corner Inlet and Port Albert east of a line between Port Welshpool shipping pier and Bentley Point (inside the entrances);

(d)the waters of Shallow Inlet;

(e)the declared port waters inside the entrance of the Port of Portland;

(f)the declared port waters of the Port of Port Phillip;

(g)the waters of Western Port—

(i)landward of its western entrance joined by an imaginary line drawn between West Head to the southern tip of Seal Rocks to Point Grant; and

(ii)landward of its eastern entrance joined by an imaginary line drawn between Cape Woolamai and Griffith Point;

(h)the waters bounded by—

(i)the seaward entrance of Tamboon Inlet; and

(ii)an imaginary line drawn due west from the intersection of Flanders Track and Fishermans Track (east of Cann River) to the west bank of Cann River;

(i)the waters bounded by—

(i)the seaward entrance of Wingan Inlet; and

(ii)an imaginary line drawn due east from the intersection of Rocky Creek and Wingan River to the east bank of Wingan River;

(j)the waters bounded by the seaward entrance of Sydenham Inlet and the mouth of the Bemm River;

expiry date means—

(a)in relation to the registration of a vessel—the date determined in accordance with regulation 12(3) as the date on which the registration of the vessel expires; and

(b)in relation to a marine licence—the date determined in accordance with regulation 36 as the date on which that licence expires;

fixed fire extinguishing system means a fixed fire extinguishing system that complies with—

(a)International Standard ISO 9094:2022 "Small craft—Fire protection"; or

(b)AS 4214:2018 "Gaseous fire‑extinguishing systems";

hull identification number means an identification number affixed to a vessel in a form, manner and location that is in accordance with International Standard ISO 10087:2022, "Small craft—Craft identification—Coding system";

inland waters means rivers (inside the seaward entrance), creeks, canals, lakes, reservoirs and any similar waters, whether naturally formed or man-made and whether publicly or privately owned, but does not include any navigable rivers, creeks or streams within declared port waters;

length, in relation to a recreational vessel, means the length of the hull of the vessel when measured in accordance with clause 5.2.2 of International Standard ISO 8666:2020(E) "Small craft—Principal data";

level 50 lifejacket means a lifejacket of a type described in Part 3 of Schedule 1;

level 50S lifejacket means a lifejacket of a type described in Part 4 of Schedule 1;

level 100 plus lifejacket means a lifejacket of a type described in Part 2 of Schedule 1;

lifebuoy means a lifebuoy of a type that complies with AS 4758.1:2022 "Lifejackets—Part 1: General requirements";

marine licence endorsement means an endorsement of a marine licence under section 55 of the Act;

marine radio means a VHF marine radio transceiver approved by the Australian Communications and Media Authority that complies with AS/NZS ETSI EN 302 885: 2018 "Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC";

ocean barmeans an area in State waters comprising a ridge of sand or gravel near or slightly above the surface of the water—

(a)that is located near or at the entrance to the sea from a bay, inlet, river or other waterway; and

(b)that extends across the mouth of that bay, inlet, river or waterway or parallel to the shore; and

(c)that is permanent or occurs from time to time—

and includes all waters within 500 metres of the ridge;

off-the-beach sailing yacht means an unballasted open yacht, including a centreboard dinghy, skiff and multihull yacht, but does not include a cabin boat, fixed keel vessel, kiteboard, sailboard or stand up paddleboard;

open area means—

(a)in relation to a recreational vessel or a hire and drive vessel (other than a kayak or a canoe)—

(i)if the vessel has a deck—all deck areas, including coach roofs, superstructures, open flying bridges, trampolines and nets, but excluding areas within a rigid deckhouse, a rigid cabin, a rigid half-cabin or a securely enclosed under-deck space; or

(ii)if the vessel does not have a deck—the whole vessel, excluding areas within a rigid cabin, a rigid half-cabin or a securely enclosed space; and

(b)in relation to a kayak or canoe—the whole vessel;

orange smoke hand-held distress signal means an orange smoke hand-held distress signal of a type that complies with clause 8 of AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft";

passengermeans any person on board a vessel other than—

(a)the master, a member of the crew or any other person employed or engaged in any capacity in the business of that vessel; and

(b)a child under one year of age;

personal locator beacon means a personal locator beacon that complies with AS/NZS 4280.2:2017 "406 MHz satellite distress beacons—Part 2: Personal locator beacons (PLBs)";

personal particulars, of a person, means the following details—

(a)the first name, second and third initials (if any) and family name of the person;

(b)the person's gender;

(c)the person's date of birth;

(d)the person's residential address;

(e)if there is no postal address for the person's residential address, the address for the service of notices under these Regulations;

Port Phillip Heads means all the waters between—

(a)an imaginary line drawn between Shortland Bluff and Point Nepean; and

(b)the seaward limits of an imaginary line constituting the arc of a circle with a radius of 3 nautical miles centred on Point Lonsdale;

portable fire extinguisher means a dry chemical type fire extinguisher—

(a)that complies with AS/NZS 1841.1:2007 "Portable fire extinguishers—Part 1: General requirements" and AS/NZS 1841.5:2007 "Portable fire extinguishers—Part 5: Specific requirements for powder type extinguishers"; and

(b)that is rated in accordance with AS/NZS 1850:2009 "Portable fire extinguishers—Classification, rating and performance testing";

powerboatmeans a recreational vessel that has one or more engines or motors that are used, or are capable of being used, for propulsion;

recreational tender means a recreational vessel that—

(a)does not exceed 4×8 metres in length; and

(b)is used, or is intended to be used, as a means of transportation; and

(c)conspicuously displays the name of its mother vessel or the registration number of that vessel and the letter "T"; and

(d)operates or is intended to operate—

(i)between the shore and another recreational vessel that is no more than 300 metres from the shore and no more than 300 metres from the point of its entry to the water; or

(ii)between recreational vessels that are no more than 300 metres apart;

red hand-held distress flare means a red hand‑held distress flare of a type that complies with clause 6 of AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft";

red star parachute distress rocket means a parachute distress rocket that complies with clause 7 of AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft";

registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);

restricted visibility means conditions in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar cause;

testing officer means a person specified in regulation 88 as a person by whom a prescribed measuring device must be tested for the purposes of section 293 of the Act;

the Actmeans the Marine Safety Act 2010;

trailerable yacht means a yacht that has a cabin and is capable of being towed on a trailer by a motor vehicle in accordance with the Road Safety Act 1986;

type 1 lifejacket means a lifejacket of a type described in Part 5 of Schedule 1;

type 2 lifejacket means a lifejacket of a type described in Part 6 of Schedule 1;

type 3 lifejacket means a lifejacket of a type described in Part 7 of Schedule 1;

underway, in relation to a vessel, means that the vessel is not—

(a)at anchor; or

(b)made fast to the shore; or

(c)aground;

Uniform Shipping Laws Code has the same meaning as it has in the Marine Safety (Domestic Commercial Vessel) National Law;

unlicensed person means a person who does not hold—

(a)a marine licence granted under the Act; or

(b)a licence that is recognised as being equivalent to a marine licence granted under the Act;

valid certificate of competency means—

(a)any of the following qualifications described in Marine Order 505 (Certificates of competency—national law) 2022 of the Commonwealth for which a certificate is issued under section 60 of the Marine Safety (Domestic Commercial Vessel) National Law or for which a certificate is recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law—

(i)Coxswain Grade 2 NC;

(ii)Coxswain Grade 1 NC;

(iii)Master (Inland waters) NC;

(iv)Master <24 m NC;

(v)Master <35 m NC;

(vi)Mate <80 m NC;

(vii)Master <80 m NC; or

(b)a notice given under regulation 29(3);

yacht means a vessel that is designed to be propelled by wind power, or a combination of wind and engine power, and includes—

(a)a monohull yacht; and

(b)a trailerable yacht; and

(c)a multihull yacht—

that is ballasted or has a cabin or a fixed keel, but does not include an off-the-beach sailing yacht.

6Construction of references

(1)Unless otherwise stated, in these Regulations—

(a)a reference to an Australian Standard is a reference to that standard as formulated, issued, prescribed or published by Standards Australia from time to time; and

(b)a reference to an Australian and New Zealand Standard is a reference to that standard as formulated, issued, prescribed or published jointly by Standards Australia and Standards New Zealand from time to time; and

(c)a reference to an International Standard is a reference to that standard as formulated, issued, prescribed or published by the International Organization for Standardization from time to time.

(2)In these Regulations, references to the Safety Director are to be construed in accordance with any relevant Transport Restructuring Order within the meaning of the Transport Integration Act 2010.

Note

See Transport Restructuring Order (Establishment of Safe Transport Victoria) No. 1/2022 published in Government Gazette S 315 on 24 June 2022.

7Safety Director may declare hazardous areas for the purposes of these Regulations

For the purposes of these Regulations, the Safety Director, by notice published in the Government Gazette, may declare an area of State waters described in the notice as a designated hazardous area.

8Specified regulated hire and drive vessels

For the purposes of paragraph (b) of the definition of regulated hire and drive vessel in section 3(1) of the Act, the specified class of recreational hire and drive vessel is any recreational hire and drive vessel that—

(a)is provided on a trailer; and

(b)operates under a certificate of operation.

9Exemptions

(1)The Safety Director, by notice published in the Government Gazette, may exempt any person or class of persons in respect of any vessel or class of vessels from the requirements of these Regulations.

(2)The Safety Director may impose conditions on an exemption that do all or any of the following—

(a)specify the type of vessel to which the exemption applies;

(b)specify the activity that is engaged in by the vessel and to which the exemption applies;

(c)require the occupants of the vessel to wear particular equipment or devices;

(d)require the vessel to be used for particular purposes;

(e)specify the length of the vessel;

(f)specify the items of equipment to which the exemption applies;

(g)specify items of equipment that must be carried on board the vessel;

(h)specify the procedures that are to be put in place for the protection and safety of participants in, or observers of, the activity;

(i)specify any other matters considered necessary by the Safety Director.

(3)A person to whom an exemption applies must comply with any conditions imposed on the exemption.

Penalty:10 penalty units.

PART 2—REGISTRATION OF VESSELS

Division 1—Registration of vessels

10Exemptions from registration

For the purposes of section 37(1)(b)(i) and (2)(b)(i) of the Act, the following vessels are exempted from registration—

(a)a recreational tender;

(b)a vessel that is not a powerboat;

(c)a domestic commercial vessel;

(d)a vessel that—

(i)is temporarily being operated on State waters; and

(ii)is registered in another State or a Territory; and

(iii)displays, in accordance with an Act or a regulation of another State or a Territory, an identifying plate, mark or number issued or allocated for the vessel by the corresponding authority in that State or Territory;

(e)a vessel that—

(i)is temporarily being operated on State waters; and

(ii)is exempt from registration as a vessel in another State or a Territory in which the owner of the vessel ordinarily resides;

(f)a powerboat that is under the control of any person who has been issued with a special identification plate under regulation 25.

11Application for registration of a vessel

(1)For the purposes of section 39 of the Act, a person may apply to the Safety Director for registration of a recreational vessel if the vessel is owned by, or is under the management of, that person.

(2)An application for registration under subregulation (1) must—

(a)be in writing; and

(b)include the person's residential address and the person's address for service of notices, if this is different from the person's residential address; and

(c)be accompanied by proof as to the identity and address of the applicant and, if the applicant is a natural person, the applicant's date of birth; and

(d)specify the following details of the vessel to be registered—

(i)the type of engine or motor, or engines or motors, used for propulsion;

(ii)the type of vessel;

(iii)the type of fuel required to operate the vessel;

(iv)any registration number previously assigned to the vessel;

(v)the number of hulls;

(vi)the length, breadth and colour;

(vii)the make of engine;

(viii)the serial number or numbers of the engine or motor, or engines or motors, used for propulsion (if any);

(ix)the total horsepower of the engine or motor, or engines or motors, used for propulsion;

(x)the hull identification number, if known;

(xi)whether an Australian Builders Plate has been fixed to the vessel;

(xii)the date of manufacture of the vessel, if known;

(xiii)the construction material;

(xiv)the make and model; and

(e)be accompanied by the applicable fee for boating facilities and safety education.

Note

See regulation 5 of the Marine Safety (Fees) Regulations 2021 for the fee payable for boating facilities and safety education.

12Period of registration

(1)On receiving an application under regulation 11, the Safety Director may register the vessel for a period not exceeding one year.

(2)The registration of a vessel commences on the date specified as the commencement date on the registration label issued under regulation 24.

(3)The registration of a vessel expires at the end of the day that is recorded in the register maintained by the Safety Director as the end of the term of the vessel's registration.

13Notice of renewal of registration of a vessel

(1)The Safety Director may give a registered person a notice of renewal of registration stating that, if the registration of the vessel registered in the name of the registered person is not renewed on or before the date specified in the notice, the registration of the vessel will expire.

(2)The following are not affected if the Safety Director does not give a notice under subregulation (1)—

(a)the expiry of the registration of the vessel;

(b)the requirement that the vessel is registered when operated on State waters.

14Renewal of registration of a vessel

(1)For the purposes of section 39 of the Act, a registered person may, no later than 3 months after the expiry of the registration of the vessel, apply to the Safety Director to renew the registration of the vessel registered in the name of the registered person by paying the applicable fee for boating facilities and safety education.

Note

See regulation 5 of the Marine Safety (Fees) Regulations 2021 for the fee payable for boating facilities and safety education.

(2)On an application under subregulation (1), the Safety Director must renew the registration of the vessel for a period not exceeding one year.

(3)The expiry date of a renewed registration must be calculated as if the renewal had commenced on the day after the day recorded in the register as the expiry date of the registration.

(4)To avoid doubt, subregulations (1) and (2) do not have the effect of retrospectively registering a vessel.

15Notification of changes to details of vessels

A registered person must, in respect of the vessel registered in the registered person's name, notify the Safety Director in writing of any change to the details of the vessel referred to in regulation 11(2)(d) no later than 28 days after that change.

Penalty:20 penalty units.

16Notification of change of name or address

A registered person must notify the Safety Director in writing of any change to the following no later than 14 days after that change—

(a)the name of the registered person;

(b)the residential address of the registered person;

(c)the postal address or address for service of notices for the registered person.

Penalty:20 penalty units.

Division 2—Transfer of registration

17Transfer of registration of a vessel—obligations of person disposing of vessel

For the purposes of section 39 of the Act, a person who disposes of a vessel registered in the person's name must, no later than 14 days after disposing of the vessel—

(a)complete and sign the relevant section of an application for transfer of registration in the form approved for that purpose by the Safety Director; and

(b)give the person who acquires the vessel the application for transfer of registration.

Penalty:20 penalty units.

18Transfer of registration of a vessel—obligations of person acquiring vessel

A person who acquires a registered vessel must, no later than 14 days after acquiring the vessel—

(a)complete and sign the relevant section of an application for transfer of registration in the form approved for that purpose by the Safety Director; and

(b)give the Safety Director the completed application for transfer of registration; and

(c)pay the applicable fee for acquiring a registered vessel.

Note

See regulation 6 of the Marine Safety (Fees) Regulations 2021 for the fee payable for acquiring a registered vessel.

Penalty:20 penalty units.

19Recording of transfer of registration

Subject to regulations 18, 20 and 21, on receiving an application under regulation 18, the Safety Director must record the transfer of registration in the register of registered vessels.

20Mandatory refusal to record transfer

(1)Subject to subregulation (2), the Safety Director must refuse to register the transfer of registration of a vessel if—

(a)an order of a court or tribunal of a State or Territory prohibits the sale, disposal or transfer of the registration; and

(b)the Safety Director has been given notice of the order.

(2)The Safety Director is not required to refuse to register a transfer of registration if—

(a)the order is not sufficiently specific to enable the Safety Director to identify the vessel; or

(b)the order applies only to a sale or disposal of the vessel that occurred before the court order was made.

21Discretionary refusal to record transfer

(1)The Safety Director may refuse to record the transfer of registration of a vessel if the Safety Director—

(a)is satisfied that the requirements of the Act and these Regulations relating to the transfer of the registration have not been complied with; or

(b)reasonably believes the ownership, possession, control or description of the vessel as recorded in the register is uncertain.

(2)If the Safety Director intends to refuse to record the transfer of registration of a vessel under subregulation (1), the Safety Director must give the applicant for transfer written notice of that intention.

(3)A written notice under subregulation (2) must—

(a)state the grounds on which the Safety Director intends to refuse to record the transfer of registration; and

(b)state that the applicant has 28 days from the date of the notice to address those grounds.

(4)If the applicant fails to address, to the satisfaction of the Safety Director, the grounds stated in a written notice under subregulation (2) within the specified 28 days, the Safety Director may refuse to record the transfer of registration in accordance with subregulation (1).

22Discretionary recording of transfer

The Safety Director may record the transfer of the registration of a vessel despite the failure of one of the parties to the transfer to meet a requirement of these Regulations relating to the transfer of the registration if—

(a)the proposed new registered person has possession of the vessel; and

(b)the Safety Director considers it appropriate to register the transfer in the circumstances.

23Notice of refusal to record transfer

If the Safety Director decides to refuse to record the transfer of the registration of a vessel under this Division, the Safety Director must give the applicant a written notice stating—

(a)the reasons for the decision; and

(b)the applicant's rights to internal and external review of the decision under Part 8.7 of the Act.

Division 3—Registration labels and identification marks

24Registration label and identification mark

(1)For each vessel that is registered under regulation 12 or for which the registration is renewed under regulation 14, the Safety Director must issue a registration label and assign an identification mark.

(2)The owner of a registered recreational vessel must ensure that the registration label issued by the Safety Director under subregulation (1) for that vessel is fixed and remains fixed in a conspicuous position on the outside or upper part of the vessel.

Penalty:20 penalty units.

(3)The owner of a registered recreational vessel that is not a personal watercraft must ensure that the identification mark that is assigned by the Safety Director for that vessel is painted or displayed in appropriate characters—

(a)on each side of the hull of the vessel; and

(b)forward of the beam; and

(c)so that the highest part of each digit is at a point no more than 75 millimetres below the gunwale.

Penalty:20 penalty units.

(4)In subregulation (3), appropriate characters means characters that are—

(a)no less than 150 millimetres high; and

(b)of proportionate breadth; and

(c)coloured in contrast to the surface on which they are displayed.

(5)The owner of a registered recreational vessel that is a personal watercraft must ensure that the identification mark that is assigned by the Safety Director for that vessel is painted or displayed in appropriate characters—

(a)on each side of the hull of the vessel; and

(b)forward of the beam; and

(c)so that the highest part of each digit is at a point no more than 25 millimetres below the gunwale.

Penalty:20 penalty units.

(6)In subregulation (5), appropriate characters means characters that are—

(a)no less than 100 millimetres high; and

(b)of proportionate breadth; and

(c)coloured in contrast to the surface on which they are displayed.

(7)A person must not be the master of a registered vessel on State waters if an identification mark is not painted or displayed on the vessel in accordance with subregulation (3) or (5).

Penalty:10 penalty units.

Division 4—Special identification plates

25Special identification plates

(1)A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies vessels may apply to the Safety Director for the issue of a special identification plate in respect of a vessel.

(2)An application under subregulation (1) must be—

(a)in writing; and

(b)accompanied by the applicable fee for the issue of a special identification plate in respect of a vessel.

Note

See regulation 7 of the Marine Safety (Fees) Regulations 2021 for the fee payable for the issue of a special identification plate.

(3)On receiving an application under subregulation (1), the Safety Director may issue a special identification plate to the person.

26Conditions of use of special identification plates

(1)A person issued with a special identification plate under regulation 25 must—

(a)ensure that the special identification plate is displayed at all times on the vessel for which the plate has been issued; and

(b)not use, or allow the vessel to be used, for any purposes other than—

(i)operating the vessel from place to place while the vessel is in the process of manufacture or repair; or

(ii)operating the vessel from the place of manufacture to the place where it will be offered for sale; or

(iii)testing the vessel; or

(iv)demonstrating the operation of the vessel to a purchaser or prospective purchaser; or

(v)delivering the vessel for or after sale; or

(vi)carrying out repairs to the vessel; or

(vii)returning the vessel to its owner after it has been repaired; and

(c)not allow the vessel to be operated by a person other than—

(i)the person issued with the special identification plate; or

(ii)an employee of the person issued with the special identification plate; or

(iii)a person under the direct supervision of a person referred to in subparagraph (i) or (ii); and

(d)ensure that the special identification plate is fixed to the vessel in a place where it can be easily seen; and

(e)keep at the person's office or place of business a record that contains the personal particulars of each person who operates the vessel.

Penalty:10 penalty units.

(2)A person issued with a special identification plate under regulation 25 must not enter any personal particulars that the person knows, or should reasonably know, to be false in any records kept under subregulation (1)(e).

Penalty:10 penalty units.

Division 5—Prescribed conditions of registration

27Prescribed condition of registration of recreational vessels

(1)For the purposes of section 41 of the Act, it is a condition of registration of all classes or types of recreational vessel that the registered person in relation to that class or type of recreational vessel must not allow the recreational vessel to be operated if it is not fit for purpose.

(2)For the purposes of subregulation (1), a recreational vessel is not fit for purpose if—

(a)a hull of the recreational vessel is unable to maintain watertight integrity; or

(b)there is fuel leaking from the recreational vessel's fuel system or engine; or

(c)the recreational vessel's steering system does not control the movement of the recreational vessel; or

(d)a ventilation system used for ventilating a space or spaces in the recreational vessel is not functioning; or

(e)material insulating machinery in the recreational vessel from fire or flammable materials is missing or damaged; or

(f)materials or items comprising part of the recreational vessel's reserve buoyancy are missing or damaged; or

(g)engine kill switches are fitted to the recreational vessel and are inoperable; or

(h)any navigation lights of the recreational vessel are fitted in a manner that is inconsistent with Annex I to the Prevention of Collisions Convention.

Division 6—Register of registered recreational vessels

28Prescribed information for register of registered recreational vessels

For the purposes of section 42(2) of the Act, the register of registered recreational vessels must, in respect of each registered recreational vessel, contain—

(a)the details referred to in regulation 11(2)(d); and

(b)the identification mark assigned under regulation 24; and

(c)any conditions imposed by the Safety Director under section 40 of the Act; and

(d)the period of the recreational vessel's registration.

PART 3—MARINE LICENCES AND ENDORSEMENTS

Division 1—Marine licences and endorsements

29Exemptions from requirement to hold a marine licence

(1)Subject to subregulation (2), a person is exempt from the requirement to hold a marine licence if the person holds a valid certificate of competency that is not subject to any conditions relating to the person's health or fitness.

(2)An exemption under subregulation (1) is subject to the condition that the person must carry the valid certificate of competency while acting as the master of a recreational vessel.

(3)The Safety Director may, by notice in writing given to a person, declare that a qualification, certificate or experience of the person is equivalent to a qualification or certificate referred to in paragraph (a) of the definition of valid certificate of competency in regulation 5.

30Eligibility to apply for a marine licence

For the purposes of sections 53(1)(a)(ii) and 54(1)(a)(ii) of the Act, the following persons are not eligible to apply for a marine licence—

(a)a person who is disqualified from obtaining a marine licence;

(b)a person who is the holder of a marine licence that is suspended;

(c)a person who is disqualified from obtaining a licence or other authority to be the master of or to operate a recreational vessel—

(i)under the law of another State or a Territory; or

(ii)under the law of another country—

in circumstances which, if they had occurred in Victoria, would have resulted in the person being disqualified from obtaining a marine licence in Victoria;

(d)a person who is the holder of a licence or other authority to operate a recreational vessel that was issued by another State or a Territory and is suspended.

31Licence endorsement required to be the master of a prescribed type of registered recreational vessel

For the purposes of section 47(1) of the Act, a personal watercraft is a prescribed type of registered recreational vessel.

32Licence endorsement required to be the master of a prescribed type of vessel

For the purposes of section 55(3)(a) of the Act, a personal watercraft is a prescribed type of vessel.

33Application for a marine licence or marine licence endorsement

(1)For the purposes of Division 3 of Part 3.2 of the Act, an applicant for the grant or endorsement of a marine licence must give the Safety Director an application in writing that contains or is accompanied by—

(a)the applicant's personal particulars; and

(b)evidence to verify those personal particulars; and

(c)one of the following—

(i)evidence that the applicant has passed a written test, approved by the Safety Director, of knowledge of the provisions of the Act, these Regulations and any rules made under section 184 of the Act that apply to the operation of registered recreational vessels or the safe operation of a recreational vessel;

(ii)evidence that the applicant holds a licence, certificate or authority issued by the Commonwealth or another State or a Territory and recognised under regulation 41 as being equivalent to a marine licence or marine licence endorsement granted in accordance with the Act;

(iii)in the case of an applicant for a marine licence, evidence that the applicant holds a valid certificate of competency issued by the Safety Director or a corresponding authority; and

(d)a declaration that the applicant is not ineligible to apply for a marine licence under regulation 30; and

(e)the applicable fee or fees for the grant or endorsement of a marine licence or restricted marine licence.

Note

See regulation 8 of the Marine Safety (Fees) Regulations 2021 for the fee or fees payable for the grant or endorsement of a marine licence or restricted marine licence.

(2)In addition, an applicant for the grant of a marine licence must—

(a)either—

(i)have a photograph or digitised image of the applicant made; or

(ii)provide a photograph or digitised image of the applicant in a form approved by the Safety Director; and

(b)provide a specimen signature.

34Refusal to grant marine licence or marine licence endorsement

(1)The Safety Director must refuse an application for the grant or endorsement of a marine licence if the Safety Director is satisfied that the applicant is ineligible under regulation 30.

(2)The Safety Director may refuse an application for the grant or endorsement of a marine licence if the Safety Director is satisfied that the applicant has failed to comply with the requirements of regulation 33.

(3)If the Safety Director decides to refuse an application for the grant or endorsement of a marine licence under subregulation (1) or (2), the Safety Director must give the applicant a written notice stating—

(a)the reasons for the decision; and

(b)the applicant's rights to internal and external review of the decision under Part 8.7 of the Act.

35Marine licence period

The Safety Director may grant or renew a marine licence for a period of either 1 year or 5 years.

36Marine licence expiry date

A marine licence expires at the end of the day that is recorded in the records maintained by the Safety Director as the end of the period for which that marine licence was granted or renewed.

37Notice of renewal of marine licence

(1)The Safety Director may give the holder of a marine licence a notice of renewal of a marine licence stating that, if the marine licence is not renewed on or before a date specified in the notice, the marine licence will expire on that date.

(2)The following are not affected if the Safety Director does not give a notice under subregulation (1)—

(a)the expiry date of the marine licence;

(b)the requirement that a person hold a marine licence when operating a registered recreational vessel.

38Renewal of marine licence

(1)A person may apply to the Safety Director to renew the person's marine licence no later than 5 years after the expiry date of the marine licence by giving the Safety Director an application for renewal of the marine licence that is in the form approved by the Safety Director and contains or is accompanied by—

(a)the applicant's personal particulars; and

(b)evidence to verify those personal particulars; and

(c)the applicable fee for the renewal of a marine licence.

Note

See regulation 8 of the Marine Safety (Fees) Regulations 2021 for the fee payable for the renewal of a marine licence.

(2)In addition, an applicant for renewal of a marine licence must—

(a)either—

(i)have a photograph or digitised image of the applicant made; or

(ii)provide a photograph or digitised image of the applicant in a form approved by the Safety Director; and

(b)provide a specimen signature.

39Refusal to renew

(1)The Safety Director must refuse an application to renew a marine licence if the applicant has failed to comply with the requirements of regulation 38.

(2)If the Safety Director decides to refuse an application to renew a marine licence under subregulation (1), the Safety Director must give the applicant a written notice stating—

(a)the reasons for the decision; and

(b)the applicant's rights to internal and external review of the decision under Part 8.7 of the Act.

40Date of expiry of renewed marine licence

(1)The expiry date of a renewed marine licence is to be calculated from—

(a)the expiry date of the licence being renewed, if it is renewed before, on or within 6 months after the expiry date; or

(b)the day on which the licence is renewed, if it is renewed more than 6 months, but not more than 5 years, after the expiry date of the licence being renewed.

(2)To avoid doubt, subregulation (1) does not have the effect of retrospectively renewing a marine licence.

41Recognition of licences, certificates or authorities

(1)The Safety Director must recognise a licence, certificate or other authority issued or made by the Commonwealth, another State or a Territory that—

(a)permits the holder to act in that jurisdiction as the master of—

(i)a recreational vessel; or

(ii)a recreational vessel of a type that is prescribed under regulation 31; and

(b)is not subject to any conditions relating to health or fitness—

as equivalent to the appropriate marine licence or licence endorsement.

(2)For the purposes of regulation 33, the Safety Director may recognise a licence, certificate or other authority issued or made by the Commonwealth, another State or a Territory, other than a licence, certificate or other authority referred to in subregulation (1), as being the equivalent of a marine licence or licence endorsement.

42Tests of health or competence

(1)For the purposes of section 56 of the Act, a test of a class described in Column 2 of the following Table must be carried out by a person of the class described in Column 3 of the Table opposite the class of test.

Table

Column 1 Item number	Column 2 Class of test	Column 3 Prescribed class of person
1	Medical test	Registered medical practitioners.
2	Tests related to eyesight	Registered medical practitioners, registered optometrists, occupational therapists, persons and classes of persons authorised by the Safety Director and persons employed under Part 3 of the Public Administration Act 2004 in the Department of Transport who are authorised, in writing by the Safety Director, for the purpose of eyesight testing.
3	An evaluation of a person's physical and cognitive abilities or skills to be the master of a registered recreational vessel or a regulated hire and drive vessel	Occupational therapists and persons authorised in writing by the Safety Director to conduct tests of physical and cognitive abilities or skills to be the master of a registered recreational vessel or a regulated hire and drive vessel.
4	A written test of knowledge of the provisions of the Act, these Regulations and any rules made under section 184 of the Act that apply to the operation of registered recreational vessels or the safe operation of a recreational vessel	Accredited persons and delegates of the Safety Director.

(2)The Safety Director must accept, for the purposes of section 56 of the Act, a certificate of the results of a medical test conducted in another State or a Territory if the test is carried out by a person in accordance with this regulation.

Division 2—Conditions of marine licences

43Prescribed condition of a marine licence

In addition to any conditions specified in the licence, for the purposes of section 53(3) of the Act, it is a prescribed condition of a marine licence that the licence holder must not allow an unlicensed person to operate a registered recreational vessel or a regulated hire and drive vessel while the licence holder is acting as the master of that vessel unless the licence holder is—

(a)over the age of 18 years; and

(b)on board the vessel in a position where they are able to take immediate control of the vessel.

44Prescribed conditions of a restricted marine licence

(1)In addition to any conditions specified in the licence, for the purposes of section 54(3) of the Act, the prescribed conditions of a restricted marine licence are the conditions specified in subregulations (2) and (3).

(2)The holder of a restricted marine licence must not be the master of a registered recreational vessel or a regulated hire and drive vessel while the vessel is—

(a)operating between sunset and sunrise; or

(b)operating at a speed of 10 knots or more; or

(c)towing a person, another vessel or an object.

(3)The holder of a restricted marine licence must not allow an unlicensed person to operate a registered recreational vessel or a regulated hire and drive vessel while the licence holder is acting as the master of that vessel.

45Variation of conditions of a marine licence

(1)The holder of a marine licence may apply to the Safety Director to vary the conditions specified in the person's marine licence.

(2)An application under subregulation (1) must be—

(a)in writing; and

(b)contain or be accompanied by—

(i)the applicant's personal particulars; and

(ii)evidence to verify those personal particulars; and

(iii)details of the requested variation; and

(iv)evidence to support the requested variation, including evidence that it would be safe to vary the conditions.

(3)The Safety Director may refuse an application to vary the conditions of a marine licence if—

(a)the applicant has failed to comply with the requirements of subregulation (2); or

(b)the Safety Director is not satisfied that it would be safe to vary the conditions.

(4)If the Safety Director decides to refuse an application to vary the conditions of a marine licence, the Safety Director must give the applicant a written notice stating—

(a)the reasons for the decision; and

(b)the applicant's rights to internal and external review of the decision under Part 8.7 of the Act.

Division 3—Marine licence document

46Marine licence receipt

(1)The Safety Director may issue a marine licence receipt with or without an endorsement as an interim measure prior to the issue of a marine licence document in the form required by regulation 47.

(2)A receipt issued under subregulation (1) must be in the form of the marine licence document required by regulation 47 except for the photograph or digitised image of the person.

(3)A receipt issued under subregulation (1) may be produced as evidence of the grant of a marine licence for 3 months from the date on which the receipt was issued.

47Form of marine licence document

A marine licence document must include the following—

(a)an identification number for the person to whom it is issued;

(b)the full name of the person;

(c)a photograph or digitised image of the person;

(d)the person's residential address;

(e)the person's date of birth;

(f)the person's signature (or a reproduction of that signature);

(g)the expiry date of the licence;

(h)the code for any endorsement to which the licence is subject in accordance with regulation 49;

(i)the code for any condition to which the licence is subject, as specified in regulation 50.

48Issue of replacement marine licence document

(1)The holder of a marine licence may apply to the Safety Director for a replacement marine licence document to replace one that has been stolen, lost, damaged, destroyed or rendered illegible in any way.

(2)An application under subregulation (1) must contain or be accompanied by—

(a)the applicant's personal particulars; and

(b)evidence to verify those personal particulars; and

(c)the applicable fee for the issue of a replacement marine licence document.

Note

See regulation 9 of the Marine Safety (Fees) Regulations 2021 for the fee payable for the issue of a replacement marine licence document.

(3)The Safety Director may, on an application under subregulation (1), issue a replacement marine licence document.

49Endorsements specified on marine licence document

(1)An endorsement of a marine licence may be shown on the marine licence document by specification of a code.

(2)A code in Column 2 of the following Table may be used on a marine licence document to indicate that the licence carries the endorsement set out opposite in Column 3 of the Table.

Table

Column 1 Item number	Column 2 Code	Column 3 Licence endorsement
1	PWC	Personal watercraft endorsement

50Conditions specified on marine licence document

(1)If a marine licence is subject to a condition set out in Column 3 in the following Table, the condition may be shown on the marine licence document by means of the code in Column 2 opposite that condition.

Table

Column 1 Item number	Column 2 Code	Column 3 Licence condition
1	S	The marine licence holder must wear corrective lenses at all times while acting as the master of a registered recreational vessel or regulated hire and drive vessel.
2	V	The marine licence holder may only be the master of a registered recreational vessel or regulated hire and drive vessel that is fitted with specified operator aids or modified as directed in writing by the Safety Director.

(2)If a marine licence is subject to a condition that is not set out in Column 3 of the Table to subregulation (1), the condition may be shown on the marine licence document by means of the code "X".

(3)If a condition is shown by a code other than "X", the marine licence document must include a note describing the condition.

(4)If a condition is shown by the code "X", the marine licence document must include information as to where an explanation of the condition may be obtained.

(5)The holder of a marine licence that is subject to conditions must carry, while operating a registered recreational vessel, a notice issued by the Safety Director containing a full explanation of those conditions, if required by the Safety Director to do so.

Penalty:10 penalty units.

Division 4—Miscellaneous

51Records

(1)The Safety Director must maintain records in respect of each marine licence that include details of the following—

(a)the identification number for the person to whom the marine licence was issued;

(b)the applicant's personal particulars;

(c)the commencement and expiry dates of the marine licence;

(d)any condition to which the marine licence is subject;

(e)any endorsements of the licence;

(f)the conditions of any endorsements of the licence.

(2)Any person whose name appears in records referred to in subregulation (1) is entitled, on payment of the applicable fee, to request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to the person.

Note

See regulation 10 of the Marine Safety (Fees) Regulations 2021 for the fee payable to request a search of the records of marine licences and to obtain a certificate.

52Change of name or address

The holder of a marine licence must notify the Safety Director in writing of any change to the following no more than 14 days after that change—

(a)the person's name;

(b)the person's residential address;

(c)the person's postal address or address for service of notices.

Penalty:10 penalty units.

53Notification of illness or injury

The holder of a marine licence must, as soon as practicable, notify the Safety Director of any permanent or long-term illness or injury that may impair the holder's ability to operate a registered recreational vessel or a regulated hire and drive vessel safely.

Penalty:10 penalty units.

54Licence holder may surrender marine licence

(1)The holder of a marine licence may, by notice in writing to the Safety Director, surrender the holder's marine licence to the Safety Director for cancellation.

(2)A notice under subregulation (1) must be accompanied by the marine licence document.

(3)The holder of a marine licence may surrender the holder's marine licence to the corresponding authority of another State, a Territory, the Commonwealth or another country for cancellation by the Safety Director.

(4)The Safety Director must cancel a marine licence if the holder of the licence surrenders the marine licence under subregulation (1) or (3).

PART 4—OPERATION OF VESSELS (GENERAL)

Division 1—Safe operation of vessels

55Notice and reasons to be given for direction to prohibit operation of particular vessel

(1)This regulation applies if the Safety Director or a police officer gives a direction under section 269 of the Act.

(2)The Safety Director or police officer must give a copy of the direction, and the reasons for making the direction, to the owner of the vessel as soon as practicable after the direction is given.

Division 2—Operation of recreational vessels and recreational hire and drive vessels

56Fuelling and restarting of recreational vessel or recreational hire and drive vessel

(1)The master of a recreational vessel or a recreational hire and drive vessel must not permit the vessel to be fuelled at any place (other than a wharf, jetty or pier) if there are passengers on board the vessel, unless it is not reasonably practicable for any passengers on board the vessel to disembark safely prior to the vessel being fuelled.

Penalty:20 penalty units.

(2)The master of a recreational vessel or a recreational hire and drive vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel.

Penalty:20 penalty units.

(3)The master of a recreational vessel or a recreational hire and drive vessel must not permit the vessel to be restarted after being fuelled at any place (other than a wharf, jetty or pier) if there are passengers on board the vessel, unless it is not reasonably practicable for any passengers on board the vessel to disembark safely prior to the vessel being restarted.

Penalty:20 penalty units.

(4)The master of a recreational vessel or a recreational hire and drive vessel must not permit the vessel to be restarted after being fuelled at a wharf, jetty or pier if there are passengers on board the vessel.

Penalty:20 penalty units.

57Overloaded recreational vessel or recreational hire and drive vessel not to be operated

(1)A person must not be the master of a recreational vessel or a recreational hire and drive vessel that is overloaded as specified in subregulation (2).

Penalty:20 penalty units.

(2)A recreational vessel or a recreational hire and drive vessel is overloaded if—

(a)the number of persons on board the vessel exceeds the maximum number of persons specified by the manufacturer of the vessel on a capacity plate or an Australian Builder's Plate attached to the vessel; or

(b)the total mass of persons on board the vessel exceeds the maximum total mass of persons specified by the manufacturer of the vessel on a capacity plate or an Australian Builder's Plate attached to the vessel; or

(c)the vessel is of a length specified in Column 2 of Table A in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(d)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of less than 2·5 metres; and

(iii)is of a length specified in Column 2 of Table B in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(e)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of 2·5 metres or more but less than 3 metres; and

(iii)is of a length specified in Column 2 of Table C in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(f)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of 3 metres or more but less than 3·5 metres; and

(iii)is of a length specified in Column 2 of Table D in Schedule 2, and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(g)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of 3·5 metres or more but less than 4 metres; and

(iii)is of a length specified in Column 2 of Table E in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(h)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of 4 metres or more but less than 4·5 metres; and

(iii)is of a length specified in Column 2 of Table F in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(i)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of 4·5 metres or more but less than 5 metres; and

(iii)is of a length specified in Column 2 of Table G in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(j)the vessel—

(i)is not fitted with a flying bridge; and

(ii)has a breadth of 5 metres or more; and

(iii)is of a length specified in Column 2 of Table H in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(k)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of less than 2·5 metres; and

(iii)is of a length specified in Column 2 of Table I in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(l)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of 2·5 metres or more but less than 3 metres; and

(iii)is of a length specified in Column 2 of Table J in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(m)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of 3 metres or more but less than 3·5 metres; and

(iii)is of a length specified in Column 2 of Table K in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(n)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of 3·5 metres or more but less than 4 metres; and

(iii)is of a length specified in Column 2 of Table L in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(o)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of 4 metres or more but less than 4·5 metres; and

(iii)is of a length specified in Column 2 of Table M in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(p)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of 4·5 metres or more but less than 5 metres; and

(iii)is of a length specified in Column 2 of Table N in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(q)the vessel—

(i)is fitted with a flying bridge; and

(ii)has a breadth of 5 metres or more; and

(iii)is of a length specified in Column 2 of Table O in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or

(r)the vessel is a decked canoe or kayak or is otherwise fitted with individual cockpits and the number of persons on board the vessel exceeds the number of individual cockpits in the vessel, irrespective of the age of any person.

(3)For the purposes of this regulation, a vessel is not overloaded if—

(a)the manufacturer of the vessel or a competent person has certified in writing that the vessel may be safely operated with a specified number of people on board; and

(b)the number of people on board the vessel does not exceed that specified number.

(4)For the purposes of this regulation, in calculating the number of people on board a vessel—

(a)children aged less than 12 months are not to be included; and

(b)children aged 12 months or more but less than 12 years are to be counted as 0·5 persons.

58Overloading of passengers on flying bridge

A person must not be the master of a recreational vessel or a recreational hire and drive vessel fitted with a flying bridge if the number of persons being carried on the flying bridge exceeds one quarter of the number of people (rounded up to the nearest whole number) permitted to be on board the vessel under regulation 57.

Penalty:20 penalty units.

59Use of recreational hire and drive vessel

(1)The master of a recreational hire and drive vessel must not allow the vessel to move outside the geographical limits of operation specified in the certificate of operation for the vessel.

Penalty:10 penalty units.

(2)Subregulation (1) does not apply to a person who operates a recreational hire and drive vessel—

(a)in the event of a breakdown of the vessel; or

(b)in any emergency.

60Observer to be used when towing

A person must not be the master of a vessel engaged in towing a person on any State waters if there is no other person on board the vessel who is in a position to—

(a)observe the person being towed; and

(b)communicate with the master of the vessel.

Penalty:10 penalty units.

Division 3—Equipment required for recreational vessels

61Safety equipment required for recreational vessels

(1)A person must not be the master of a recreational vessel of a class specified in Column 2 of Table A in Part 2 of Schedule 3 on coastal waters if the vessel is not equipped with the compulsory items of equipment.

Penalty:20 penalty units.

(2)A person must not be the master of a recreational vessel of a class specified in Column 2 of Table B in Part 2 of Schedule 3 on coastal waters if the vessel is not equipped with the compulsory items of equipment.

Penalty:20 penalty units.

(3)A person must not be the master of a recreational vessel of a class specified in Column 2 of Table C in Part 2 of Schedule 3 on enclosed waters if the vessel is not equipped with the compulsory items of equipment.

Penalty:20 penalty units.

(4)A person must not be the master of a recreational vessel of a class specified in Column 2 of Table D in Part 2 of Schedule 3 on enclosed waters if the vessel is not equipped with the compulsory items of equipment.

Penalty:20 penalty units.

(5)A person must not be the master of a recreational vessel of a class specified in Column 2 of Table E in Part 2 of Schedule 3 on inland waters if the vessel is not equipped with the compulsory items of equipment.

Penalty:20 penalty units.

(6)A person must not be the master of a recreational vessel of a class specified in Column 2 of Table F in Part 2 of Schedule 3 on inland waters if the vessel is not equipped with the compulsory items of equipment.

Penalty:20 penalty units.

(7)A person must not be the master of a recreational vessel if the compulsory items of equipment carried on board the vessel as required under subregulation (1), (2), (3), (4), (5) or (6) do not comply with the requirements (if any) specified in Table G in Part 2 of Schedule 3 for those items of equipment. 

Penalty:20 penalty units.

(8)In this regulation—

compulsory items of equipment, in respect of a recreational vessel of a class specified in Column 2 of a Table in Part 2 of Schedule 3—

(a)means the items of equipment for that vessel listed in Column 3 of that Table in the quantity specified opposite in Column 4; and

(b)does not include the items of equipment excluded by subregulation (9).

(9)If—

(a)an item of equipment is specified in Column 3 of a Table in Part 2 of Schedule 3 opposite a class of vessel specified in Column 2 of that Table; and

(b)the quantity specified in Column 4 of that Table for that item is accompanied by a description of a condition—

that item, in the specified quantity, is not a compulsory item of equipment in respect of a recreational vessel of the specified class unless the condition is met.

Examples

1     For mechanically powered recreational vessels, the requirements relating to a bailer are expressed in Column 4 of Tables A, C and E in Part 2 of Schedule 3 as "1—if no electric or manual bilge pumping system".  This means that 1 bailer is only a compulsory item of equipment for a mechanically powered recreational vessel if there is no electric or manual bilge pumping system on the vessel.

2     For any class of recreational vessels that is to be operated on coastal waters, the requirements relating to a compass are expressed in Column 4 of Table A in Part 2 of Schedule 3 as "1—if more than 2 nautical miles from the coast".  This means that such a vessel is required to be equipped with a compass only if the vessel operates more than 2 nautical miles from the coast.

62Firefighting equipment required for recreational vessels

(1)The master of a recreational vessel (other than a personal watercraft) that carries fuel on board or is equipped with an electric start motor, gas installation or fuel stove must ensure that—

(a)the vessel is equipped with the number of portable fire extinguishers specified in Column 3 of Table H in Part 2 of Schedule 3 for the size of the vessel specified opposite in Column 2; and

(b)at least one of those portable fire extinguishers is of the minimum nominal capacity specified in Column 3 of Table I in Part 2 of Schedule 3 for the volume of flammable or combustible liquids that is able to be carried on the vessel specified opposite in Column 2.

Penalty:20 penalty units.

(2)A fixed fire extinguishing system fitted to an enclosed engine compartment of a vessel is a portable fire extinguisher for the purposes of subregulation (1). 

(3)The master of a vessel specified in subregulation (1) that has cooking facilities located within an enclosed space on the vessel must ensure that a fire blanket is—

(a)positioned in a conspicuous location; and

(b)readily accessible to a person using the cooking facilities.

Penalty:15 penalty units.

(4)In subregulation (3), fire blanket means a fire blanket that complies with AS/NZS 3504:2006 "Fire blankets".

63Placement of firefighting equipment required for recreational vessels

(1)The master of a recreational vessel that is required to be equipped with portable fire extinguishers under regulation 62(1) must ensure that one of the portable fire extinguishers is—

(a)positioned adjacent to the engine and fuel carrying spaces of the vessel; and

(b)readily accessible.

Penalty:15 penalty units.

(2)Subregulation (1) does not apply if a fixed fire extinguishing system is fitted to the enclosed engine compartment of the vessel.

(3)The master of a recreational vessel that is required under regulation 62(1) to carry more than one fire extinguisher must ensure that each fire extinguisher is located in a separate position on the vessel.

Penalty:15 penalty units.

64Maintenance and placement of safety equipment and firefighting equipment

(1)A person must not be the master of a recreational vessel if any item of safety equipment or firefighting equipment required for the vessel under regulation 61 or 62 is not at all times—

(a)placed or located in a conspicuous and readily accessible position on the vessel; and

(b)kept in good order.

Penalty:15 penalty units.

(2)The owner of a recreational vessel must not cause or allow the vessel to be operated if any item of safety equipment or firefighting equipment required for the vessel under regulation 61 or 62 is not maintained or serviced in a way that ensures that it is able to operate at all times in the way that it was designed to operate.

Penalty:15 penalty units.

(3)The owner of a recreational vessel must not cause or allow the vessel to be operated if an item of safety equipment or firefighting equipment required for the vessel under regulation 61 or 62 is not serviced on or before the date specified by the manufacturer for that item of equipment.

Penalty:15 penalty units.

Division 4—Lifejacket requirements

65Definition

In this Division—

compulsory lifejacket, in respect of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of a Table in Schedule 4, means—

(a)before 1 July 2028, a lifejacket of a type specified in Column 3 or 4 of that Table opposite that type of vessel; or

(b)on and after 1 July 2028, a lifejacket of a type specified in Column 3 of that Table opposite that type of vessel.

66Lifejacket to be worn on certain recreational vessels and hire and drive vessels at all times by person on open area

(1)A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table A in Schedule 4 must wear a compulsory lifejacket at all times when the vessel is underway on coastal waters.

Penalty:20 penalty units.

(2)A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table B in Schedule 4 must wear a compulsory lifejacket at all times when the vessel is underway on enclosed waters.

Penalty:20 penalty units.

(3)A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table C in Schedule 4 must wear a compulsory lifejacket at all times when the vessel is underway on inland waters.

TABLE D—ADDITIONAL EQUIPMENT TO BE CARRIED ON RECREATIONAL VESSELS ON ENCLOSED WATERS

Regulation 61(4)

Column 1 Item number	Column 2 Class of vessel	Column 3 Item of equipment	Column 4 Requirements for enclosed waters
Mechanically powered recreational vessels
1	Powerboat up to and including 4×8 metres in length	Class 1 lifejacket	1 for each person on board or being towed
2	Powerboat more than 4×8 metres in length	Class 1 lifejacket	1 for each person on board or being towed
3	Personal watercraft	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board or being towed
4	Recreational tender	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board
Sail powered recreational vessels
5	Off-the-beach sailing yacht	Class 1 lifejacket or class 2 lifejacket	1 for each person on board
6	Yacht	Class 1 lifejacket	1 for each person on board
Human powered recreational vessels
7	Kayak, canoe, raft and rowing boat	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board
8	Stand up paddleboard	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board—if more than 400 metres from the shore
9	Funboat and pedal boat	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board

TABLE E—EQUIPMENT TO BE CARRIED ON RECREATIONAL VESSELS ON INLAND WATERS

Regulation 61(5)

Column 1 Item number	Column 2 Class of vessel	Column 3 Item of equipment	Column 4 Requirements for inland waters
Mechanically powered recreational vessels
1	Powerboat up to and including 4×8 metres in length	Electric or manual bilge pumping system	1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces
2	Powerboat up to and including 4×8 metres in length	Bailer	1—if no electric or manual bilge pumping system
3	Powerboat up to and including 4×8 metres in length	Bucket with lanyard	1
4	Powerboat up to and including 4×8 metres in length	Pair of oars with rowlocks or pair of paddles	1
5	Powerboat up to and including 4×8 metres in length	Waterproof buoyant torch	1
6	Powerboat more than 4×8 metres in length	Electric or manual bilge pumping system	1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces
7	Powerboat more than 4×8 metres in length	Bailer	1—if no electric or manual bilge pumping system
8	Powerboat more than 4×8 metres in length	Bucket with lanyard	1
9	Powerboat more than 4×8 metres in length	Waterproof buoyant torch	1
10	Powerboat more than 4×8 metres in length	Lifebuoy	1—if vessel is 8 metres or more in length but not more than 12 metres in length 2—if vessel is more than 12 metres in length
11	Personal watercraft	Waterproof buoyant torch	1
Sail powered recreational vessels
12	Off-the-beach sailing yacht	Electric or manual bilge pumping system	1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces
13	Off-the-beach sailing yacht	Bailer	1—if no electric or manual bilge pumping system and if vessel is not self-draining without intervention from crew
14	Yacht	Electric or manual bilge pumping system	1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces
15	Yacht	Bailer	1—if no electric or manual bilge pumping system
16	Yacht	Bucket with lanyard	1
17	Yacht	Waterproof buoyant torch	1
18	Yacht	Lifebuoy	1—if vessel is 8 metres or more in length but not more than 12 metres in length 2—if vessel is more than 12 metres in length
Human powered recreational vessels
19	Kayak, canoe, raft and rowing boat	Electric or manual bilge pumping system	1—if vessel has covered bilge or closed underfloor compartments, other than airtight void spaces
20	Kayak, canoe, raft and rowing boat	Bailer	1—if no electric or manual bilge pumping system

TABLE F—ADDITIONAL EQUIPMENT TO BE CARRIED ON RECREATIONAL VESSELS ON INLAND WATERS

Regulation 61(6)

Column 1 Item number	Column 2 Class of vessel	Column 3 Item of equipment	Column 4 Requirements for inland waters
Mechanically powered recreational vessels
1	Powerboat up to and including 4×8 metres in length	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board or being towed
2	Powerboat more than 4×8 metres in length	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board or being towed
3	Personal watercraft	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board or being towed
4	Recreational tender	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board
Sail powered recreational vessels
5	Off-the-beach sailing yacht	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board
6	Yacht	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board
Human powered recreational vessels
7	Kayak, canoe, raft and rowing boat	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board
8	Stand up paddleboard	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board—if more than 400 metres from the shore
9	Funboat and pedal boat	Class 1 lifejacket, class 2 lifejacket or class 3 lifejacket	1 for each person on board

TABLE G—REQUIREMENTS FOR EQUIPMENT ON RECREATIONAL VESSELS

Regulation 61(7)

Column 1 Item number	Column 2 Item of equipment	Column 3 Equipment requirements
1	Anchor, and chain or line	The anchor with chain or line or both chain and line must be of sufficient strength and durability to secure the vessel and must be appropriate for that purpose in the area of operation of the vessel.  The chain or line or combination must be securely attached to both the anchor and the vessel at all times.
2	Bilge pumping system	An electric or manual bilge pumping system must have a pump or pumps that are capable of draining each compartment of the boat.  This may require the system to comprise more than one bilge pump.  The pump must have a strainer fitted to the suction pipe.  The strainer must be of a sufficiently small mesh size to prevent choking of the pump by debris.
3	Bailer	A bailer must be suitable for bailing water from the boat.  A bucket with lanyard may also be used as a bailer.
4	Dinghy or life raft	The dinghy or life raft must be able to support the weight of all people on board in the event of swamping.
5	Orange smoke hand-held distress signal, red hand-held distress flare, red star parachute distress rocket	Orange smoke hand-held distress signals, red hand-held distress flares and red star parachute distress rockets kept on the vessel for use must not exceed the manufacturer's expiry date.
6	EPIRB	An EPIRB must— (a)  comply with Australian and New Zealand Standard AS/NZS 4280.1:2022 "Global maritime distress and safety system (GMDSS) Cospas-Sarsat EPIRB—Emergency position indicating radio beacon operating on 406 MHz—Operational and performance requirements, methods of testing and required test results (IEC 61097-2 (Ed.4.0) MOD)"; and
(b)  be registered with the Australian Maritime Safety Authority (AMSA) with up-to-date information.

TABLE H—PORTABLE FIRE EXTINGUISHERS TO BE CARRIED ON VESSELS OF CERTAIN SIZES

Regulation 62

Column 1 Item number	Column 2 Vessel size	Column 3 Number of portable fire extinguishers required to be carried
1	Vessels less than 8 metres in length	1
2	Vessels 8–12 metres in length	2
3	Vessels more than 12 metres in length	3

TABLE I—MINIMUM NOMINAL CAPACITY OF PORTABLE FIRE EXTINGUISHERS FOR CERTAIN VESSELS

Regulation 62

Column 1 Item number	Column 2 Volume of flammable or combustible liquids that is able to be carried on vessel	Column 3 Minimum nominal capacity of portable fire extinguisher
1	For vessels that have the capacity to carry less than 115 litres	0×9 kg
2	For vessels that have the capacity to carry 115–350 litres	2×0 kg
3	For vessels that have the capacity to carry 351–695 litres	4×5 kg
4	For vessels that have the capacity to carry more than 695 litres	9×0 kg

SCHEDULE 4—LIFEJACKETS TO BE WORN ON RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS

TABLE A—LIFEJACKETS TO BE WORN ON CERTAIN RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS ON COASTAL WATERS

Regulations 66(1), 68(1), 70(1)

Column 1 Item number	Column 2 Vessel type	Column 3 Lifejacket requirements for coastal waters—new standard	Column 4 Lifejacket requirements for coastal waters—old standard
1	Powerboat up to and including 4×8 metres in length	Level 100 plus lifejacket	Type 1 lifejacket
2	Personal watercraft	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
3	Recreational tender	Level 100 plus lifejacket	Type 1 lifejacket
4	Off-the-beach sailing yacht	Level 100 plus lifejacket or, if vessel is located within 2 nautical miles from the coast, level 50 lifejacket	Type 1 lifejacket or, if vessel is located within 2 nautical miles from the coast, type 2 lifejacket
5	Kiteboard or sailboard	Level 100 plus lifejacket or level 50 lifejacket	Type 1 lifejacket or type 2 lifejacket
6	Canoe, kayak, rowing boat, raft, stand up paddleboard, pedal boat or funboat	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket

TABLE B—LIFEJACKETS TO BE WORN ON CERTAIN RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS ON ENCLOSED WATERS

Regulations 66(2), 68(2), 70(1)

Column 1 Item number	Column 2 Vessel type	Column 3 Lifejacket requirements for enclosed waters—new standard	Column 4 Lifejacket requirements for enclosed waters—old standard
1	Powerboat up to and including 4×8 metres in length	Level 100 plus lifejacket	Type 1 lifejacket
2	Personal watercraft	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
3	Recreational tender	Level 100 plus lifejacket or level 50 lifejacket	Type 1 lifejacket or type 2 lifejacket
4	Off-the-beach sailing yacht	Level 100 plus lifejacket or level 50 lifejacket	Type 1 lifejacket or type 2 lifejacket
5	Kiteboard or sailboard	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
6	Canoe, kayak, rowing boat, raft, stand up paddleboard, pedal boat or funboat	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket

TABLE C—LIFEJACKETS TO BE WORN ON CERTAIN RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS ON INLAND WATERS

Regulations 66(3), 68(3), 70(1)

Column 1 Item number	Column 2 Vessel type	Column 3 Lifejacket requirements for inland waters—new standard	Column 4 Lifejacket requirements for inland waters—old standard
1	Powerboat up to and including 4×8 metres in length	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
2	Personal watercraft	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
3	Recreational tender	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
4	Off-the-beach sailing yacht	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
5	Kiteboard or sailboard	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
6	Canoe, kayak, rowing boat, raft, stand up paddleboard, pedal boat or funboat	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket

TABLE D—LIFEJACKETS TO BE WORN ON CERTAIN RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS ON COASTAL WATERS

Regulations 67(1), 68(1), 70(2)

Column 1 Item number	Column 2 Vessel type	Column 3 Lifejacket requirements for coastal waters—new standard	Column 4 Lifejacket requirements for coastal waters—old standard
1	Powerboat more than 4×8 metres but not more than 12 metres in length	Level 100 plus lifejacket	Type 1 lifejacket
2	Yacht	Level 100 plus lifejacket	Type 1 lifejacket

TABLE E—LIFEJACKETS TO BE WORN ON CERTAIN RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS ON ENCLOSED WATERS

Regulations 67(2), 68(2), 70(2)

Column 1 Item number	Column 2 Vessel type	Column 3 Lifejacket requirements for enclosed waters—new standard	Column 4 Lifejacket requirements for enclosed waters—old standard
1	Powerboat more than 4×8 metres but not more than 12 metres in length	Level 100 plus lifejacket	Type 1 lifejacket
2	Yacht	Level 100 plus lifejacket or level 50 lifejacket	Type 1 lifejacket or type 2 lifejacket

TABLE F—LIFEJACKETS TO BE WORN ON CERTAIN RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS ON INLAND WATERS

Regulations 67(3), 68(3), 70(2)

Column 1 Item number	Column 2 Vessel type	Column 3 Lifejacket requirements for inland waters—new standard	Column 4 Lifejacket requirements for inland waters—old standard
1	Powerboat more than 4×8 metres but not more than 12 metres in length	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket
2	Yacht	Level 100 plus lifejacket, level 50 lifejacket or level 50S lifejacket	Type 1 lifejacket, type 2 lifejacket or type 3 lifejacket

SCHEDULE 5—SEARCH AND SEIZURE WARRANT

Regulation 82

Court Ref.

This warrant is issued for the purpose of searching for and seizing the recreational vessel described.

Description of vessel authorised for seizure:

·Identification mark (if known):

·Hull identification number (if known):

·Make, model, type and colour of vessel:

Premises which may be searched for vessel:

Number and name of street and suburb or other description of premises:

Grounds for issue of warrant:

Reasonable grounds for believing that recreational vessel described above—

ois

omay be within the next 72 hours—

in or on the premises described.

This warrant is issued to the following member(s) of the police force—

·Name:

·Rank number:

·Agency and address:

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

This warrant authorises the member(s) of the police force named, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—

oenter the premises described;

ouse reasonable force to break into or open any structure on the premises described above that may store the vessel described;

osearch for and seize the vessel described.

This warrant also authorises the member(s) of the police force named, or a person assisting that member or those members, to seize and impound or immobilise the vessel described in this warrant.

Nothing in this warrant authorises the seizure of property not described in this warrant or the arrest of a person.

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

This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it.  If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first.

The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter.

If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant.  If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant.

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

This warrant is issued under section 135 of the Marine Safety Act 2010.

Issued at                a.m./p.m. on     /    /     at               

by  Magistrate.

SCHEDULE 6—REPORT ON EXECUTION OF SEARCH AND SEIZURE WARRANT

Regulation 83

To the registrar of the Magistrates' Court

I, [insert name and address]

being the person to whom this search and seizure warrant was issued, report the following outcome in relation to the warrant—

oThe warrant was executed by

[insert name and address]

at           a.m./p.m. on    /     /

The following recreational vessel was seized—

·Identification mark (if known):

·Hull identification number (if known):

·Make, model, type and colour of vessel:

A copy of the warrant

*  was given to the occupier

*  was given to a person at the premises other than the occupier

*  was not given to the occupier or any other person at the premises because—

    [set out reasons why copy of warrant not given]

* Delete whichever is inapplicable

oThis warrant was not executed because—

[set out reasons why warrant not executed]

Date

Signature

SCHEDULE 7—CERTIFICATE AS TO MATTERS WHICH APPEAR IN OR CAN BE CALCULATED FROM THE RECORDS KEPT BY THE SAFETY DIRECTOR

Regulation 92

Certificate issued under section 294(1) of the Marine Safety Act 2010.

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

[insert the details to which the certificate relates]

Dated:

Signature of Safety Director or delegate:

SCHEDULE 8—CERTIFICATE AS TO REGISTRATION OF VESSEL ISSUED UNDER SECTION 294(3) OF THE MARINE SAFETY ACT 2010

Regulation 93

According to the records of the Safety Director, on [insert date] the vessel described below was registered under the Marine Safety Act 2010 in the name of [insert name].

Description of vessel:

[insert the details which identify the vessel]

Dated:

Issued by the Safety Director

SCHEDULE 9—CERTIFICATE UNDER SECTION 294(5) OF THE MARINE SAFETY ACT 2010

Regulation 94

The speed measuring device known as [insert make and model number of device] and numbered [insert identifying number of device] was tested by me in accordance with the Marine Safety Regulations 2023 on [date].

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

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

Date:

Signature of person issuing certificate:

SCHEDULE 10—MATTERS THAT COMPRISE THE SAFETY MANAGEMENT SYSTEM OF A PILOTAGE SERVICES PROVIDER

Regulation 97

RISK MANAGEMENT

1.Processes and systems that—

(a)   identify risks to safety in relation to the provision of pilotage services; and

(b)   provide for the comprehensive and systematic assessment of any identified risks; and

(c)   specify the controls that are to be used to manage identified risks and monitor safety in relation to the provision of pilotage services; and

(d)  provide for the review of those processes and systems. 

EMERGENCY MANAGEMENT

2.An emergency management plan that provides for processes and systems to—

(a)   identify emergencies; and

(b)   mitigate emergencies; and

(c)   respond to emergencies; and

(d)  provide for the recovery from emergencies; and

(e)   review the plan.

PILOT OPERATIONS

3.Processes and systems for the control of any risks to safety associated with the fatigue of pilots and marine safety workers carrying out marine safety work for or on behalf of the pilotage services provider, including processes and systems that provide for—

(a)   scheduling work and non-work periods in order to manage, as far as reasonably practicable, any risks associated with fatigue; and

(b)   monitoring hours worked by pilots and marine safety workers; and

(c)   appropriate education and provision of information about identifying and managing risks associated with fatigue.

4.Processes and systems to ensure, so far as is reasonably practicable, that pilots and marine safety workers who carry out marine safety work for or on behalf of the pilotage services provider do not carry out that marine safety work while more than the prescribed concentration of alcohol (within the meaning of the Marine (Drug, Alcohol and Pollution Control) Act 1988) is present in their blood or breath or while impaired by a drug.

TRAINING, QUALIFICATION AND COMPETENCY OF PILOTS

5.Systems and procedures to ensure that all pilots and marine safety workers employed or engaged by the pilotage services provider are medically fit to provide and support pilotage services and pilotage transfer operations.

6.Systems and procedures to ensure that all pilots and marine safety workers employed or engaged by the pilotage services provider are appropriately trained, qualified and licensed to carry out and support pilotage services and pilotage transfer operations.

7.Systems and procedures to maintain and improve the proficiency and competency of pilots and marine safety workers, employed or engaged by the pilotage services provider through training.

8.Systems and procedures to maintain the validity of qualifications of pilots and marine safety workers employed or engaged by the pilotage services provider.

PILOT TRANSFER OPERATIONS

9.Systems and procedures for the safe performance of pilot transfer operations, including systems and procedures for training pilots and marine safety workers to coordinate pilot transfer operations.

10.Systems and procedures to ensure that any vessel, vehicle or aircraft used in the provision of pilotage services or support services is safe and in good working order and complies with relevant State or Commonwealth legislation.

11.Systems and procedures to ensure that any safety risks arising from multiple pilotage services providers operating in close proximity to each other are appropriately identified and managed.

12.Systems and procedures for the safe embarking and disembarking of pilots.

═════════════

ENDNOTES

1   General information

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

The Marine Safety Regulations 2023, S.R. No. 36/2023 were made on 30 May 2023 by the Governor in Council under Part 8.10 of the Marine Safety Act 2010, No. 65/2010 and came into operation on 11 June 2023: regulation 3.

The Marine Safety Regulations 2023 will sunset 10 years after the day of making on 30 May 2033 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Marine Safety Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(a): S.R. No. 45/2012 as amended by S.R. Nos 102/2013, 153/2015, 158/2015, 143/2016, 74/2017, 138/2017, 101/2018, 61/2019, 146/2019, 63/2020 and 79/2021 and extended in operation by S.R. No. 39/2022.

[2] Reg. 4(b): S.R. No. 102/2013.

[3] Reg. 4(c): S.R. No. 153/2015.

[4] Reg. 4(d): S.R. No. 138/2017.

[5] Reg. 4(e): S.R. No. 146/2019.

[6] Reg. 4(f): S.R. No. 79/2021.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92 and for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 36/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5—definition of fixed fire extinguishing system	International Standard ISO 9094:2022 "Small craft—Fire protection" as published by the International Organization for Standardization on 24 November 2022	Whole
Australian Standard AS 4214:2018 "Gaseous fire‑extinguishing systems" as published by Standards Australia on 16 April 2018	Whole
Regulation 5—definition of hull identification number	International Standard ISO 10087:2022 "Small craft—Craft identification—Coding system" as published by the International Organization for Standardization on 14 January 2022	Whole
Regulation 5—definition of length	International Standard ISO 8666:2020(E) "Small craft—Principal data" as published by the International Organization for Standardization on 2 November 2020	Clause 5.2.2

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5—definition of lifebuoy	Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022	Whole
Regulation 5—definition of marine radio	Australian/New Zealand Standard AS/NZS ETSI EN 302 885:2018 "Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC" as published jointly by Standards Australia and Standards New Zealand on 17 May 2018	Whole
Regulation 5—definition of orange smoke hand-held distress signal	Australian Standard AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004	Clause 8
Regulation 5—definition of personal locator beacon	Australian/New Zealand Standard AS/NZS 4280.2:2017 "406 MHz satellite distress beacons—Part 2: Personal locator beacons (PLBs)" as published jointly by Standards Australia and Standards New Zealand on 28 February 2017	Whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5—definition of portable fire extinguisher	Australian/New Zealand Standard AS/NZS 1841.1:2007 "Portable fire extinguishers—Part 1: General requirements" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007	Whole
Australian/New Zealand Standard AS/NZS 1841.5:2007 "Portable fire extinguishers—Part 5: Specific requirements for powder type extinguishers" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007	Whole
Australian/New Zealand Standard AS/NZS 1850:2009 "Portable fire extinguishers—Classification, rating and performance testing" as published jointly by Standards Australia and Standards New Zealand on 20 March 2009	Whole
Regulation 5—definition of red hand-held distress flare	Australian Standard AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004	Clause 6
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5—definition of red star parachute distress rocket	Australian Standard AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004	Clause 7
Regulation 5—definition of valid certificate of competency	Marine Order 505 (Certificates of competency—national law) 2022 of the Commonwealth dated 29 March 2022 and made under section 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law	Whole
Regulation 62(4)—definition of fire blanket	Australian/New Zealand Standard AS/NZS 3504:2006 "Fire blankets" as published jointly by Standards Australia and Standards New Zealand on 21 June 2006	Whole
Schedule 1—Part 1—definition of recognised appraiser	Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC published by the European Parliament dated 23 July 2014	Whole
Schedule 1—Part 2—Level 100 plus lifejacket	Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022	Whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Schedule 1—Part 3—Level 50 lifejacket	Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022	Whole
Schedule 1—Part 4—Level 50S lifejacket	Australian Standard AS 4758.1:2022 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 4 March 2022	Whole
Schedule 1—Part 5—Type 1 lifejacket	Australian Standard AS 1512—1996 "Personal flotation devices—Type 1" as published by Standards Australia on 5 January 1996, reissued incorporating Amendment No. 1 (December 2005)	Whole
Australian Standard AS 4758.1—2008 "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008, reissued incorporating Amendment No. 1 (November 2009)	Whole
International Life-Saving Appliance Code, 2017 Edition, as published by the International Maritime Organization on 1 March 2017	Paragraph 2.2

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Part C, Section 7, Subsection 7A of the National Standard for Commercial Vessels as published by the Australian Maritime Safety Authority dated 1 January 2023	Whole
International Standard ISO 12402-2:2006(E) "Personal flotation devices—Part 2: Lifejackets, performance level 275—Safety requirements" as published by the International Organization for Standardization on 24 August 2006	Whole
International Standard ISO 12402-3:2006(E) "Personal flotation devices—Part 3: Lifejackets, performance level 150—Safety requirements" as published by the International Organization for Standardization on 24 August 2006	Whole
International Standard ISO 12402-4:2006(E) "Personal flotation devices—Part 4: Lifejackets, performance level 100—Safety requirements" as published by the International Organization for Standardization on 24 August 2006	Whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
National Standard of Canada CAN/CGSB-65.11-M88 "Personal Flotation Devices" as published by the Canadian General Standards Board on 28 February 1988 and amended on 1 January 1997 and incorporating the corrigendum dated August 2000	Whole
National Standard of Canada CAN/CGSB-65.15-M88 "Personal Flotation Devices for Children" as published by the Canadian General Standards Board on 1 April 1988 and amended on 1 January 1997 and incorporating the corrigendum dated August 2000	Whole
Underwriters Laboratories Standard UL 1180 "Standard for Safety for Fully Inflatable Recreational Personal Flotation Devices", Second Edition, as published by Underwriters Laboratories on 27 May 2021	Whole
New Zealand Standard NZS 5823:2005 "Specification for Buoyancy Aids and Marine Safety Harnesses and Lines" as published by Standards New Zealand on 29 May 2005, reissued incorporating Amendment 1 (7 October 2011)	Section 401
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Schedule 1—Part 6—Type 2 lifejacket	Australian Standard AS 1499—1996 "Personal flotation devices—Type 2" as published by Standards Australia on 5 January 1996	Whole
Australian Standard AS 4758.1—2008 "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008, reissued incorporating Amendment No. 1 (November 2009)	Whole
International Standard ISO 12402-5:2006(E) "Personal flotation devices—Part 5: Buoyancy aids (level 50)—Safety requirements" as published by the International Organization for Standardization on 24 August 2006	Whole
British Standard BS EN 393:1994 "Lifejackets and personal buoyancy aids—Buoyancy aids—50 N" as published by the British Standards Institution on 15 May 1994	Whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Schedule 1—Part 7—Type 3 lifejacket	Australian Standard AS 4758.1:2015 "Lifejackets—Part 1: General requirements" as published by Standards Australia on 13 August 2015	Whole
Schedule 3—Table G—EPIRB	Australian/New Zealand Standard AS/NZS 4280.1:2022 "Global maritime distress and safety system (GMDSS) Cospas-Sarsat EPIRB—Emergency position indicating radio beacon operating on 406 MHz—Operational and performance requirements, methods of testing and required test results (IEC 61097-2 (Ed.4.0) MOD)" as published jointly by Standards Australia and Standards New Zealand on 24 June 2022	Whole