Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment (Marine Safety) Regulations 2023 (Vic)
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment (Marine Safety) Regulations 2023
S.R. No. 37/2023
table of provisions
Regulation Page
1Objective
2Authorising provision
3Commencement
4Schedule amended
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Endnotes
statutory rules 2023
S.R. No. 37/2023
Transport (Safety Schemes Compliance and Enforcement) Act 2014
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment (Marine Safety) Regulations 2023
The Governor in Council makes the following Regulations:
Dated: 30 May 2023
Responsible Minister:
MELISSA HORNE
Minister for Ports and FreightANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014—
(a)to prescribe certain offences under the Marine Safety Regulations 2023 as transport safety infringements; and
(b)to prescribe penalties for those transport safety infringements.
2Authorising provision
These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.
3Commencement
These Regulations come into operation on 11 June 2023.
4Schedule amended
In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014[1]—
(a)in Column 2, for "Marine Safety Regulations 2012" substitute "Marine Safety Regulations 2023";
(b)for items 45 to 81 substitute—
| "45 | reg. 15 | As registered person, fail to notify the Safety Director of a change to the details of the vessel referred to in regulation 11(2)(d) of the Marine Safety Regulations 2023 | 1 penalty unit | 5862 |
| 46 | reg. 16 | As registered person, fail to notify the Safety Director of a change of name or address | 1 penalty unit | 5863 |
| 47 | reg. 17 | As person disposing of vessel registered in person's name, fail to comply with transfer requirements | 1 penalty unit | 5864 |
| 48 | reg. 18 | As person acquiring registered vessel, fail to comply with transfer requirements | 1 penalty unit | 5865 |
| 49 | reg. 24(2) | As owner of a registered recreational vessel, fail to fix registration label on vessel in conspicuous position | 1 penalty unit | 2254 |
| 50 | reg. 24(3) | As owner of a registered recreational vessel that is not a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel | 2 penalty units | 5810 |
| 51 | reg. 24(5) | As owner of a registered recreational vessel that is a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel | 2 penalty units | 5811 |
| 52 | reg. 24(7) | Being the master of a registered vessel without identification mark painted or displayed | 2 penalty units | 2255 |
| 52A | reg. 52 | As holder of a marine licence, fail to notify the Safety Director of a change of name or address | 1 penalty unit | 2025 |
| 53 | reg. 56(2) | As master of a recreational vessel or recreational hire and drive vessel, permit vessel to be fuelled at a wharf, jetty or pier with passengers on board | 2 penalty units | 2289 |
| 54 | reg. 56(4) | As master of a recreational vessel or recreational hire and drive vessel, permit vessel to be restarted with passengers on board after being fuelled at a wharf, jetty or pier | 2 penalty units | 5813 |
| 55 | reg. 57(1) | Being the master of a recreational vessel or recreational hire and drive vessel that is overloaded | 2 penalty units | 2293 |
| 56 | reg. 58 | Being the master of a recreational vessel or recreational hire and drive vessel with overloaded flying bridge | 2 penalty units | 5814 |
| 57 | reg. 59(1) | As master of a recreational hire and drive vessel, permit vessel to go outside geographical limits specified in the certificate of operation | 2 penalty units | 2326 |
| 58 | reg. 60 | Being the master of a vessel, tow a person without using another person on board to observe and communicate with master | 2 penalty units | 5812 |
| 59 | reg. 61(1) | Being the master of a recreational vessel of a class specified in Column 2 of Table A in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on coastal waters when the vessel is not equipped with the compulsory items of equipment | 1·25 penalty units | 5753 (anchor, chain or line) 5754 (electric or manual bilge pumping system) 5755 (bailer) 5756 (compass) 5757 (bucket with lanyard) 5759 (red star parachute distress rocket) 5760 (orange smoke hand-held distress signal) 5761 (red hand-held distress flare) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torch) 5764 (lifebuoy) 5765 (dinghy or life raft) 2026 (lifejacket) |
| 60 | reg. 61(2) | Being the master of a recreational vessel of a class specified in Column 2 of Table B in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on coastal waters when the vessel is not equipped with the compulsory items of equipment | 2 penalty units | 2340 (EPIRB) 5752 (lifejacket) 5758 (marine radio) |
| 61 | reg. 61(3) | Being the master of a recreational vessel of a class specified in Column 2 of Table C in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on enclosed waters when the vessel is not equipped with the compulsory items of equipment | 1·25 penalty units | 5753 (anchor, chain or line) 2027 (red hand-held distress flare and orange smoke hand-held distress signal, or a GPS-enabled EPIRB, or a personal locator beacon, or an installed marine radio with a minimum of 25 watt output) 5754 (electric or manual bilge pumping system) 5755 (bailer) 5762 (oars, rowlocks or paddles) |
| 5763 (waterproof buoyant torch) 5764 (lifebuoy) 5757 (bucket with lanyard) 5765 (dinghy or life raft) | ||||
| 62 | reg. 61(4), reg. 61(6) | Being the master of a recreational vessel of a class specified in Column 2 of Table D in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on enclosed waters, or of a class specified in Column 2 of Table F in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on inland waters, when the vessel is not equipped with the compulsory items of equipment | 2 penalty units | 5752 (lifejacket) |
| 63 | reg. 61(5) | Being the master of a recreational vessel of a class specified in Column 2 of Table E in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on inland waters when the vessel is not equipped with the compulsory items of equipment | 1·25 penalty units | 5754 (electric or manual bilge pumping system) 5755 (bailer) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torch) 5764 (lifebuoy) 5757 (bucket with lanyard) |
| 64 | reg. 61(7) | Being the master of a recreational vessel when the compulsory items of equipment do not comply with the requirements specified in Table G in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 | 1·25 penalty units | 9371 (hand-held smoke signals exceeding manufacturer's expiry date) 9372 (hand-held distress flares exceeding manufacturer's expiry date) 9373 (red star parachute distress rocket exceeding manufacturer's expiry date) 2047 (anchor and chain or line do not comply with requirements) 2048 (bilge pumping system does not comply with requirements) 2049 (bailer not suitable for bailing water from the boat) 2050 (dinghy or life raft does not comply with requirements) 2053 (EPIRB does not comply with requirements) |
| 65 | reg. 62(1) | As master of a recreational vessel (other than a personal watercraft), fail to ensure that the vessel has the required number of portable fire extinguishers, and that the vessel has a portable fire extinguisher of the minimum nominal capacity | 1·25 penalty units | 5766 |
| 66 | reg. 63(3) | As master of a recreational vessel, fail to keep portable fire extinguishers in separate positions on vessel | 1·25 penalty units | 5770 |
| 67 | reg. 64(2) | As owner of a recreational vessel, cause or allow vessel to be operated when required safety equipment or firefighting equipment has not been maintained or serviced as required | 1·25 penalty units | 5768 |
| 68 | reg. 64(3) | As owner of a recreational vessel, cause or allow vessel to be operated when required safety equipment or firefighting equipment has not been serviced on or before the date specified by the manufacturer | 1·25 penalty units | 5769 |
| 69 | reg. 66(1), reg. 66(2), reg. 66(3) | Fail to wear compulsory lifejacket while in open area of recreational vessel or hire and drive vessel that is underway | 2 penalty units | 5771 |
| 69A | reg. 66(5) | Fail to wear compulsory lifejacket in accordance with manufacturer's instructions | 2 penalty units | 2028 |
| 70 | reg. 67(1) in any of the circumstances described in reg. 67(4)(a), (b), (c), (d), (e), (f), (g), (h) or (i) | Fail to wear compulsory lifejacket while in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table D in Schedule 4 to the Marine Safety Regulations 2023, that is underway on coastal waters | 2 penalty units | 5815 |
| 71 | reg. 67(2) in any of the circumstances described in reg. 67(4)(a), (b), (c), (d), (e), (f), (g), (h) or (i) | Fail to wear compulsory lifejacket while in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table E in Schedule 4 to the Marine Safety Regulations 2023, that is underway on enclosed waters | 2 penalty units | 5816 |
| 72 | reg. 67(3) in any of the circumstances described in reg. 67(4)(a), (b), (c), (d), (e), (f), (g), (h) or (i) | Fail to wear compulsory lifejacket while in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table F in Schedule 4 to the Marine Safety Regulations 2023, that is underway on inland waters | 2 penalty units | 5817 |
| 72A | reg. 67(6) | Fail to wear compulsory lifejacket in accordance with manufacturer's instructions | 2 penalty units | 2029 |
| 73 | reg. 68(1) | As master, fail to ensure that person aged less than 12 years old in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table A or Table D in Schedule 4 to the Marine Safety Regulations 2023, that is underway wears compulsory lifejacket | 2 penalty units | 5772 |
| 73A | reg. 68(2) | As master, fail to ensure that person aged less than 12 years old in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table B or Table E in Schedule 4 to the Marine Safety Regulations 2023, that is underway wears compulsory lifejacket | 2 penalty units | 5750 |
| 73B | reg. 68(3) | As master, fail to ensure that person aged less than 12 years old in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table C or Table F in Schedule 4 to the Marine Safety Regulations 2023, that is underway wears compulsory lifejacket | 2 penalty units | 5751 |
| 74 | reg. 69 | Fail to wear compulsory lifejacket while being towed by vessel | 2 penalty units | 5773 |
| 75 | reg. 70(1) | As master of a recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table A, B or C in Schedule 4 to the Marine Safety Regulations 2023, cause or allow vessel to be operated when person on board is not wearing a compulsory lifejacket as required by regulation 66 of the Marine Safety Regulations 2023 | 2 penalty units | 5774 |
| 75A | reg. 70(2) | As master of a recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table D, E or F in Schedule 4 to the Marine Safety Regulations 2023, cause or allow vessel to be operated when person on board is not wearing a compulsory lifejacket as required by regulation 67 of the Marine Safety Regulations 2023 | 2 penalty units | 2030 |
| 76 | reg. 70(3) | As master of a recreational vessel, cause or allow vessel to tow a person not wearing a compulsory lifejacket | 2 penalty units | 5775 |
| 77 | reg. 76(1), reg. 76(2), reg. 76(3), reg. 76(4), reg. 76(5), reg. 76(6), reg. 76(7), reg. 76(8), reg. 76(9) | As master, fail to ensure that vessel that is underway displays required navigation lights | 2 penalty units | 5818 |
| 78 | reg. 77(1) | As master, fail to ensure that vessel that is underway keeps to right of centre of channel or fairway | 2 penalty units | 5819 |
| 79 | reg. 77(2) | As master, fail to ensure that vessel that is underway keeps out of the way of a vessel that can only navigate safely within the channel or fairway | 2 penalty units | 5820 |
| 80 | reg. 78(1), reg. 78(2), reg. 78(3), reg. 78(4), reg. 78(5) | As master of a power-driven vessel that is underway, fail to ensure vessel keeps out of the way | 2 penalty units | 5821 |
| 81 | reg. 79(1), reg. 79(2), reg. 79(3), reg. 79(4) | As master of a sailing vessel that is underway, fail to ensure vessel keeps out of the way | 2 penalty units | 5822". |
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ENDNOTES
[1] Reg. 4: S.R. No. 32/2014 as amended by S.R. Nos 76/2015, 77/2017, 104/2018, 104/2020 and 18/2022.
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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. 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.
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