Untitled document
Marine (Infringements) Regulations 2005
S.R. No. 155/2005
TABLE OF PROVISIONS
Regulation Page
1.Objective
2.Authorising provision
3.Commencement
4.Amendments to Schedule 13
5.Amendments to Schedule 13 to come into force on 1 February 2009
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ENDNOTES
STATUTORY RULES 2005
S.R. No. 155/2005
Marine Act 1988
Marine (Infringements) Regulations 2005
The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:
Dated: 29 November 2005
Responsible Minister:
PETER BATCHELOR
Minister for TransportRUTH LEACH
Clerk of the Executive Council
1.Objective
The objective of these Regulations is to amend the Marine Regulations 1999—
(a)to revoke some offences for which an infringement notice can currently be issued as a consequence of amendments to the offences made by the Marine (Personal Flotation Devices and Other Safety Equipment) Regulations 2005; and
(b)to prescribe further offences for which a marine infringement notice can be issued.
2.Authorising provision
These Regulations are made under section 105 of the Marine Act 1988.
3.Commencement
(1)These Regulations, except regulation 5, come into operation on 1 December 2005.
(2)Regulation 5 comes into operation on 1 February 2009.
4.Amendments to Schedule 13
(1)In Schedule 13 to the Marine Regulations 1999[1], items 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315 and 2340 are revoked.
(2)At the end of Schedule 13 to the Marine Regulations 1999 insert—
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| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
|
| Carriage and use of safety equipment | |||
| 5752 | Operate vessel that is not equipped with the required type or quantity of personal flotation devices | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5753 | Operate vessel that is not equipped with the required quantity of anchors, and chains or lines | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5754 | Operate vessel that is not equipped with the required quantity of electric or manual bilge pumping systems | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
|
| 5755 | Operate vessel that is not equipped with the required quantity of bailers | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5756 | Operate vessel that is not equipped with the required quantity of compasses | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5757 | Operate vessel that is not equipped with the required quantity of buckets with lanyards | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5758 | Operate vessel that is not equipped with the required quantity of marine radios | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5759 | Operate vessel that is not equipped with the required quantity of red star parachute distress rockets | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5760 | Operate vessel that is not equipped with the required quantity of hand held orange smoke signals | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5761 | Operate vessel that is not equipped with the required quantity of hand held red distress flares | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
|
| 5762 | Operate vessel that is not equipped with the required quantity of oars and rowlocks, pairs of oars and rowlocks, pairs of paddles or spare paddles | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5763 | Operate vessel that is not equipped with the required quantity of waterproof buoyant torches | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5764 | Operate vessel that is not equipped with the required quantity of lifebuoys | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5765 | Operate vessel that is not equipped with the required quantity of dinghies or liferafts | MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A | 1×25 penalty units |
| 5766 | Operate vessel without the required number of portable fire extinguishers | MR r. 230A(a) and Schedule 4, Table C | 1×25 penalty units |
| 5767 | Operate vessel with a portable fire extinguisher that does not have the required minimum nominal capacity | MR r. 230A(b) and Schedule 4, Table D | 1×25 penalty units |
| 5768 | Operate vessel with a portable fire extinguisher that has not been maintained as required | MR r. 230B(1)(d) | 1×25 penalty units |
| 5769 | Operate vessel with a portable fire extinguisher that has not been serviced as required | MR r. 230B(1)(e) | 1×25 penalty units |
| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
|
| 5770 | Fail to keep portable fire extinguishers in separate positions on vessel | MR r. 230B(2) | 1×25 penalty units |
| 5771 | Fail to wear personal flotation device while in open area of vessel that is underway | MR r. 232(1)(a), 232(1)(b) and 232(1)(c) and Schedule 5 | 1×25 penalty units |
| 5772 | Fail to ensure that person under 10 years of age in open area of vessel underway wears required personal flotation device | MR r. 232B(a), 232B(b) and 232B(c) and Schedule 5 | 1×25 penalty units |
| 5773 | Fail to wear required personal flotation device while being towed by vessel | MR r. 232C(1) | 1×25 penalty units |
| 5774 | Allow vessel to start voyage before each person on board in open area is wearing required personal flotation device | MR r. 232D(1)(a) | 1×25 penalty units |
| 5775 | Allow vessel to start towing a person who is not wearing required personal flotation device | MR r. 232D(3) | 1×25 penalty units |
| Other offences relating to trading vessels | |||
| 5777 | Fail to ensure, as owner, that trading vessel carrying passengers in or through Port Phillip Heads has required endorsed certificate of survey | MR r. 208(1) | 5 penalty units |
| 5778 | Fail to ensure, as master, that trading vessel carrying passengers in or through Port Phillip Heads has required endorsed certificate of survey | MR r. 208(2) | 5 penalty units |
| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
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| 5779 | Fail to ensure, as master of trading vessel carrying passengers, that the vessel does not enter or traverse Port Phillip Heads in specified dangerous conditions | MR r. 209(2)(a) | 4 penalty units |
| 5780 | Fail to ensure, as master of trading vessel carrying passengers in or through Port Phillip Heads, that passengers and crew wear required safety items | MR r. 209(2)(b) | 4 penalty units |
| 5781 | Fail to ensure, as master of trading vessel carrying passengers in or through Port Phillip Heads, that required briefing given to passengers | MR r. 209(2)(c) | 4 penalty units |
| 5782 | Fail to ensure, as master of trading vessel carrying passengers in or through Port Phillip Heads, that required flag prominently flown | MR r. 209(2)(d) | 4 penalty units |
| 5783 | Fail to ensure, as owner, that trading vessel carrying passengers across the Lakes Entrance Bar has required endorsed certificate of survey | MR r. 210(1) | 5 penalty units |
| 5784 | Fail to ensure, as master, that trading vessel carrying passengers across the Lakes Entrance Bar has required endorsed certificate of survey | MR r. 210(2) | 5 penalty units |
| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
|
| 5785 | Fail to ensure, as master of trading vessel carrying passengers, that vessel does not proceed to sea by crossing or attempting to cross the Lakes Entrance Bar if specified dangerous conditions predicted | MR r. 211(2)(a) | 4 penalty units |
| 5786 | Fail to ensure, as master of trading vessel carrying passengers, that vessel does not cross or attempt to cross the Lakes Entrance Bar in specified dangerous conditions | MR r. 211(2)(ab) | 4 penalty units |
| 5787 | Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that passengers and crew wear required safety items | MR r. 211(2)(b) | 4 penalty units |
| 5788 | Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that required briefing given to passengers | MR r. 211(2)(c) | 4 penalty units |
| 5789 | Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that all passengers located in open area of vessel | MR r. 211(2)(d) | 4 penalty units |
| 5790 | Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that required flag prominently flown | MR r. 211(2)(e) | 4 penalty units |
| Column 1
| Column 2
| Column 3 Provision Containing Offence | Column 4
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| 5791 | Operate, as master, trading vessel carrying passengers in or through Port Phillip Heads, without required endorsed certificate of competency | MR r. 304 | 5 penalty units |
| 5792 | Operate, as master, trading vessel carrying passengers across Lakes Entrance Bar, without required endorsed certificate of competency | MR r. 307 | 5 penalty units |
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5.Amendments to Schedule 13 to come into force on 1 February 2009
In Schedule 13 to the Marine Regulations 1999, after item 5775 insert—
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| Column 1
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| Column 3 Provision Containing Offence | Column 4
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| 5776 | Operate vessel on coastal waters more than 2 nautical miles from shore without vessel being provided with emergency position-indicating radio beacon with operational frequency of 406MHz and that complies with specified standards | MR r. 207 | 1×25 penalty units |
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ENDNOTES
[1] Reg. 4(1): S.R. No. 145/1999. Reprint No. 2 as at 27 July 2005. Reprinted to S.R. No. 82/2005.
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