Untitled document
Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011
No. 78 of 2011
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Marine Safety Act 2010
3Definitions
4Amendment of Part 2.5
5Masters of recreational vessels must take reasonable care
6Persons participating in the operation of a recreational vessel must take reasonable care
7Safety Director may cancel or suspend registration of a vessel
8Amendment of Part 3.2 heading
9General marine licence
10Restricted marine licence
11Licence endorsement
12Offence to operate or cause or allow commercially operated vessel to be operated without a safe construction certificate
13Application for safe construction certificate
14Issue of safe construction certificate by the Safety Director
15Offence to operate or cause or allow commercially operated vehicle to be operated without a safe operation certificate
16Application for a safe operation certificate
17Issue of safe operation certificate by the Safety Director
18Declaration in relation to waters requiring local knowledge certificates for navigation in those waters
19Application for local knowledge certificates
20Detention of unsafe vessels
21Dangerous operation of a recreational vessel, government
vessel or hire and drive vessel22Part 4.1 definition
23Repeal of Part 4.4
24When Safety Director may take disciplinary action against
person holding a permission25Disciplinary actions that may be taken by Safety Director
against a person holding a permission26Requests for waterway rules
27General provisions relating to harbour master directions
28New Division 3 of Part 8.1 inserted
Division 3—Accreditation
271ADefinition
271BOffence to provide prescribed service unless accredited
271COffence to breach condition of accreditation
271DApplication for accreditation
271EGuidelines in relation to competence and capacity
271FAccreditation
29Disclosure of information
30General regulation-making powers
31Registered vessels—Amendment of transitional provision
32Requests for cancellation of personal watercraft endorsements
33Waterway rules
34Certificates of competency
35Consequential amendment of definitions
36New sections 389A to 389D inserted
389AEffect of certain infringements
389BExtension of time to object if no actual notice
389CSuspension of operator licence for drink-operator infringements
389DApplication of the Infringements Act 2006 to certain offences
37Repeal of various Parts and provisions
38Amendment of consequential amendments
39Statute law revision
40Amendment of section 228S—Definitions
41New section 417A inserted
417AAmendment of section 228ZZPA—Transport safety infringements
42Schedule 2—Subject matter for regulations
43Statute law revision
Part 3—Amendment of Marine Act 1988
44Definitions
45Removal of pollution
46Functions of the Director
47New Division 1A in Part 8 inserted
Division 1A—Functions and powers of the Secretary
71AFunctions of the Secretary
71BPowers of the Secretary
48Amendment of Schedule 4—Particular powers of the Director
49Statute law revision
Part 4—Amendment of Port Management Act 1995
50Price regulation
51General power to make determinations
52Repeal of Division 4 of Part 3
53Repeal of section 73R
Part 5—Amendment of Transport Integration Act 2010
54Functions of Director, Transport Safety
Part 6—Repeal of Amending Act
55Repeal of amending Act
═══════════════
Endnotes
Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011
No. 78 of 2011
[Assented to 13 December 2011]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Marine Safety Act 2010 and the Marine Act 1988 to further provide for safe marine operations; and
(b)to amend the Port Management Act 1995 to make further provision for the management of ports; and
(c)to amend the Marine Safety Act 2010 to enable the enforcement of offences against the Marine Safety Act 2010, the Marine Act 1988 and the Port Management Act 1995 by transport safety infringement notice; and
(d)to make consequential amendments to the Transport Integration Act 2010.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 October 2012, it comes into operation on that day.
__________________
Part 2—Amendment of Marine Safety Act 2010
3Definitions
(1)In section 3(1) of the Marine Safety Act 2010—
(a)insert the following definition—
"accreditation means an accreditation granted under section 271F;";
(b)in the definition of certificate of competency, after "section 78" insert "or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 78";
(c)the definition of marine infringement is repealed;
(d)in the definition of safe construction certificate, after "section 65" insert "or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 65";
(e)in the definition of safe operation certificate, after "section 70" insert "or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 70".
(2)In section 3(1) of the Marine Safety Act 2010—
(a)for the definition of permission substitute—
"permission means any of the following—
(a)a marine licence;
(b)an endorsement on a marine licence;
(c)a harbour master licence;
(d)a pilot licence;
(e)a pilot exemption;
(f)a safe construction certificate;
(g)a safe operation certificate;
(h)a certificate of competency;
(i)an endorsement on a certificate of competency;
(j)a local knowledge certificate;
(k)registration as a pilotage services provider under Chapter 7;
(l)registration of a vessel;
(m)an accreditation;";
(b)in the definition of vessel after paragraph (e) insert—
"(ea)a thing prescribed to be a vessel; and".
4Amendment of Part 2.5
In the heading to Part 2.5 of the Marine Safety Act 2010, after "VESSEL" insert "AND HIRE AND DRIVE VESSEL".
5Masters of recreational vessels must take reasonable care
(1)In the heading to section 31 of the Marine Safety Act 2010, after "vessels" insert "or hire and drive vessels".
(2)In section 31 of the Marine Safety Act 2010, after "recreational vessel" (wherever occurring) insert "or hire and drive vessel".
6Persons participating in the operation of a recreational vessel must take reasonable care
(1)In the heading to section 32 of the Marine Safety Act 2010, after "vessel" insert "or hire and drive vessel".
(2)In section 32 of the Marine Safety Act 2010, after "recreational vessel" (wherever occurring) insert "or hire and drive vessel".
7Safety Director may cancel or suspend registration of a vessel
In section 43(1) of the Marine Safety Act 2010—
(a)in paragraph (c), for "vessel." substitute "vessel; or";
(b)after paragraph (c) insert—
"(d)the vessel is exempted from registration by the regulations.".
8Amendment of Part 3.2 heading
In the heading to Part 3.2 of the Marine Safety Act 2010 after "VESSELS" insert "AND HIRE AND DRIVE VESSELS".
9General marine licence
(1)In section 53(1)(c) of the Marine Safety Act 2010, before "vary" insert "impose conditions or".
(2)In section 53(2)(a)(i) of the Marine Safety Act 2010, after "training" insert "of a prescribed type".
(3)In section 53(3) of the Marine Safety Act 2010 omit "recreational".
10Restricted marine licence
(1)In section 54(1)(c) of the Marine Safety Act 2010, before "vary" insert "impose conditions or".
(2)In section 54(2)(a)(i) of the Marine Safety Act 2010, after "training" insert "of a prescribed type".
(3)In section 54(3) of the Marine Safety Act 2010 omit "recreational".
11Licence endorsement
In section 55(5)(a)(ii) of the Marine Safety Act 2010, for "training about" substitute "training of a prescribed type that relates to".
12Offence to operate or cause or allow commercially operated vessel to be operated without a safe construction certificate
For the penalty at the foot of section 62(2) of the Marine Safety Act 2010 substitute—
"Penalty:120 penalty units.".
13Application for safe construction certificate
For section 64(1) of the Marine Safety Act 2010 substitute—
"(1)A person may, in accordance with the regulations, apply to the Safety Director for a safe construction certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels.".
14Issue of safe construction certificate by the Safety Director
For section 65(1) of the Marine Safety Act 2010 substitute—
"(1)Subject to subsection (2), the Safety Director may issue a safe construction certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels to a person who has made an application under section 64.".
15Offence to operate or cause or allow commercially operated vehicle to be operated without a safe operation certificate
For the penalty at the foot of section 67(2) of the Marine Safety Act 2010 substitute—
"Penalty:120 penalty units.".
16Application for a safe operation certificate
For section 69(1) and (2) of the Marine Safety Act 2010 substitute—
"(1)A person may, in accordance with the regulations, apply to the Safety Director for a safe operation certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels.
(2)A person may, in accordance with the regulations, apply to the Safety Director for approval to use a commercially operated vessel or a fleet of commercially operated vessels for recreational purposes if—
(a)the person has made an application under subsection (1); or
(b)the person has been issued with a safe operation certificate under section 70.".
17Issue of safe operation certificate by the Safety Director
(1)For section 70(1) and (2) of the Marine Safety Act 2010 substitute—
"(1)Subject to subsection (2), the Safety Director may issue a safe operation certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels to a person who has made an application under section 69.
(2)The Safety Director must not issue a safe operation certificate to a person in respect of a commercially operated vessel or fleet of commercially operated vessels unless the Safety Director is satisfied that the person has the competence and capacity to operate the vessel or fleet safely.".
(2)In section 70(6) of the Marine Safety Act 2010, for "the owner" substitute "a person".
18Declaration in relation to waters requiring local knowledge certificates for navigation in those waters
In section 81 of the Marine Safety Act 2010, for "a vessel" substitute "types or classes of vessel specified in the notice".
19Application for local knowledge certificates
In section 82(1) of the Marine Safety Act 2010, after "issue of a" insert "local knowledge".
20Detention of unsafe vessels
In section 85(3)(e) of the Marine Safety Act 2010, after "vessel" insert "(if their identity and whereabouts are known to the Safety Director)".
21Dangerous operation of a recreational vessel, government vessel or hire and drive vessel
In section 87(3) and (4) of the Marine Safety Act 2010, after "not operate" insert ", or cause or allow a person to operate,".
22Part 4.1 definition
In section 103(1) of the Marine Safety Act 2010, for the definition of relevant offence substitute—
"relevant offence means—
(a)an offence against section 87(1);
(b)an offence against section 58(1), 77A(1), 81(2) or 81(6) of the Wildlife Act 1975;
(c)an offence against regulation 7(1), 7(3), 7(4), 7(5), 7(6), 7(7), 9(1), 9(2), 9(3), 9(4), 9(5) or 14(1) of the Wildlife (Marine Mammals) Regulations 2009;".
23Repeal of Part 4.4
Part 4.4 of the Marine Safety Act 2010 is repealed.
24When Safety Director may take disciplinary action against person holding a permission
(1)For section 165(1)(d) of the Marine Safety Act 2010 substitute—
"(d)the person has acted incompetently, negligently or has engaged in misconduct relating to the safe navigation, management or working of a vessel; or".
(2)In section 165(3)(b) of the Marine Safety Act 2010, for "marine infringement" substitute "transport safety infringement within the meaning of the Transport (Compliance and Miscellaneous) Act 1983".
25Disciplinary actions that may be taken by Safety Director against a person holding a permission
In section 166(1) of the Marine Safety Act 2010—
(a)in paragraph (f), for "person." substitute "person;";
(b)after paragraph (f) insert—
"(g)if the permission is a certificate or authority recognised by the Safety Director as an equivalent to a certificate issued under this Act, withdraw recognition of that certificate or authority.".
26Requests for waterway rules
In section 194(3)(b)(v)(C) of the Marine Safety Act 2010, for "that address" substitute
"in addressing".
27General provisions relating to harbour master directions
In section 234(2) of the Marine Safety Act 2010, for "item 26" substitute "item 24".
28New Division 3 of Part 8.1 inserted
After Division 2 of Part 8.1 of the Marine Safety Act 2010 insert—
"Division 3—Accreditation
271ADefinition
In this Division—
prescribed service means a service prescribed for the purposes of this Division.
271BOffence to provide prescribed service unless accredited
A person must not provide a prescribed service unless that person is accredited under this Division.
Penalty:60 penalty units.
271COffence to breach condition of accreditation
A person must not breach the conditions of an accreditation granted to that person.
Penalty:60 penalty units.
271DApplication for accreditation
(1)A person may apply to the Safety Director for accreditation to provide a prescribed service.
(2)An application under subsection (1) must—
(a)be in writing; and
(b)specify the name, address and contact details of the applicant; and
(c)be accompanied by—
(i)evidence of the competence and capacity of the applicant to provide the prescribed service; and
(ii)the prescribed fee.
271EGuidelines in relation to competence and capacity
(1)The Safety Director must issue guidelines specifying how an applicant may demonstrate that the applicant has the competence and capacity to provide a prescribed service.
(2)Guidelines issued under this section must be published on the Safety Director's Internet site.
271FAccreditation
(1)Subject to subsection (2), the Safety Director may grant an accreditation to provide a prescribed service to a person who has made an application under section 271D.
(2)The Safety Director must not grant an accreditation to a person to provide a prescribed service unless the Safety Director is satisfied that the person has the competence and capacity to provide the prescribed service.
(3)An accreditation granted under this section may be subject to conditions—
(a)imposed by the Safety Director;
(b)prescribed by the regulations.".
29Disclosure of information
In section 306(2) of the Marine Safety Act 2010—
(a)for "information, in accordance with the regulations (if any)" substitute "information";
(b)before paragraph (a) insert—
"(aa)in connection with the administration of this Act or the regulations; or".
30General regulation-making powers
(1)In section 309(1)(b) of the Marine Safety Act 2010, for "or issuing" substitute ", issuing or transferring".
(2)In section 309(1)(c) of the Marine Safety Act 2010, for "or issuing" substitute ", issuing or transferring".
(3)In section 309(1)(j) of the Marine Safety Act 2010, after "recreational vessels" insert
", government vessels and hire and drive vessels".(4)After section 309(1)(l) of the Marine Safety Act 2010 insert—
"(la)services that may be prescribed for the purposes of Division 3 of Part 8.1;".
31Registered vessels—Amendment of transitional provision
In section 320 of the Marine Safety Act 2010, after "Part 3.1" insert "until registration of that vessel is transferred to another person".
32Requests for cancellation of personal watercraft endorsements
In section 335(1)(a) of the Marine Safety Act 2010, after "watercraft endorsement" insert "under".
33Waterway rules
In section 342 of the Marine Safety Act 2010, after "15(1)" insert "or (2)".
34Certificates of competency
In section 360 of the Marine Safety Act 2010, for "80" substitute "78".
35Consequential amendment of definitions
(1)In section 377(1)(a) of the Marine Safety Act 2010—
(a)omit "channel operator,";
(b)omit "local port,";
(c)omit "port,";
(d)omit "port of Melbourne, Port of Melbourne Corporation,";
(e)omit "port waters,";
(f)for "vessel, Uniform Shipping Laws Code and Victorian Regional Channels Authority" substitute "vessel and Uniform Shipping Laws Code".
(2)For section 377(1)(e) of the Marine Safety Act 2010 substitute—
'(e)insert the following definitions—
"marine incident has the same meaning as it has in the Marine Safety Act 2010;
marine licence has the same meaning as it has in the Marine Safety Act 2010;
registered recreational vessel has the same meaning as it has in the Marine Safety Act 2010;
transport safety infringement has the same meaning as it has in section 228S of the Transport (Compliance and Miscellaneous) Act 1983;".'.
36New sections 389A to 389D inserted
After section 389 of the Marine Safety Act 2010 insert—
'389A Effect of certain infringements
(1)Insert the following heading to section 61A of the Marine Act 1988—
"61A Effect of certain transport safety infringements".
(2)In section 61A(2) of the Marine Act 1988—
(a)for "an infringement notice" substitute "a transport safety infringement notice";
(b)for "the infringement notice" substitute "the transport safety infringement notice".
(3)In section 61A(3) of the Marine Act 1988, for "an infringement notice" substitute
"a transport safety infringement notice".(4)In section 61A(4) of the Marine Act 1988, for "infringement notice" (wherever occurring) substitute "transport safety infringement notice".
(5)In section 61A(5) of the Marine Act 1988, for "infringement notice" (wherever occurring) substitute "transport safety infringement notice".
(6)In section 61A(6) of the Marine Act 1988, for "infringement notice" (wherever occurring) substitute "transport safety infringement notice".
(7)In section 61A(7) of the Marine Act 1988—
(a)for "an infringement notice" substitute "a transport safety infringement notice";
(b)for "a marine infringement of a kind that is prescribed for the purposes of this Part" substitute "a transport safety infringement of a kind that is prescribed for the purposes of Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983";
(c)in paragraph (a)—
(i)for "infringement notice" substitute "transport safety infringement notice";
(ii)for "the infringement were" substitute "the transport safety infringement were";
(d)in paragraph (b), for "infringement notice" substitute "transport safety infringement notice".
(8)In section 61A(8) of the Marine Act 1988, for "marine infringement notice" substitute "transport safety infringement notice".
(9)In section 61A(9) of the Marine Act 1988, for "infringement" substitute "transport safety infringement".
389BExtension of time to object if no actual notice
(1)In section 61B(1) of the Marine Act 1988, for "marine infringement notice" substitute "transport safety infringement notice".
(2)In section 61B(2) of the Marine Act 1988, for "infringement notice" substitute "transport safety infringement notice".
(3)In section 61B(3) of the Marine Act 1988, for "infringement notice" (wherever occurring) substitute "transport safety infringement notice".
(4)In section 61B(3A) of the Marine Act 1988—
(a)for "an infringement notice" substitute "a transport safety infringement notice";
(b)for "an operator licence" substitute
"a marine licence";(c)for "infringement notice" (where secondly and thirdly occurring) substitute "transport safety infringement notice".
389CSuspension of operator licence for drink-operator infringements
(1)Insert the following heading to section 61BA of the Marine Act 1988—
"61BA Suspension of marine licence for drink-operator transport safety infringements".
(2)In section 61BA(1) of the Marine Act 1988—
(a)in paragraph (a)—
(i)for "marine infringement notice" substitute "transport safety infringement notice";
(ii)for "regulated recreational vessel" substitute "registered recreational vessel";
(b)in paragraph (b), for "infringement notice" (wherever occurring) substitute "transport safety infringement notice";
(c)in paragraph (c), for "an operator licence" substitute "a marine licence";
(d)in paragraph (d), for "an operator licence" substitute "a marine licence".
(3)In section 61BA(2) of the Marine Act 1988—
(a)for "marine infringement notice" substitute "transport safety infringement notice";
(b)for "regulated recreational vessel" substitute "registered recreational vessel";
(c)in paragraph (a), for "operator licence" substitute "marine licence";
(d)in paragraph (b), for "infringement notice" substitute "transport safety infringement notice";
(e)for "an operator licence" substitute "a marine licence".
(4)In section 61BA(4) of the Marine Act 1988, for "operator licence" (wherever occurring) substitute "marine licence".
(5)In section 61BA(6) of the Marine Act 1988, for "an infringement notice" substitute "a transport safety infringement notice".
(6)In section 61BA(7) of the Marine Act 1988, for "operator licence" substitute "marine licence".
389DApplication of the Infringements Act 2006 to certain offences
In section 61C of the Marine Act 1988, for "marine infringement notice" substitute "transport safety infringement notice".'.
37Repeal of various Parts and provisions
After section 390(2) of the Marine Safety Act 2010 insert—
"(3)Part 7A of the Marine Act 1988 is repealed.".
38Amendment of consequential amendments
(1)For section 391(3) of the Marine Safety Act 2010 substitute—
"(3)Section 65 of the Marine Act 1988 is repealed.".
(2)Section 391(4) of the Marine Safety Act 2010 is repealed.
39Statute law revision
For section 396(1)(a) of the Marine Safety Act 2010 substitute—
'(a)in the heading to the section, after "matters" insert "or marine safety matters";'.
40Amendment of section 228S—Definitions
(1)For section 397(1) of the Marine Safety Act 2010 substitute—
'(1)In section 228S(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definitions—
"commercial marine duty holder means a person to whom sections 24 to 30 of the Marine Safety Act 2010 apply;
marine or port law means—
(a)a provision of the Marine Safety Act 2010 or any regulations made under that Act;
(b)a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act;
(c)a provision of regulations made under the Port Management Act 1995;
marine premises means—
(a)the building or facilities used in connection with the undertaking of marine operations; and
(b)land on which vessels are stored but does not include land used for residential purposes;".'.
(2)After section 397(3) of the Marine Safety Act 2010 insert—
'(4)In section 228S(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of transport safety infringement law, after paragraph (b) insert—
"(c)a marine or port law;".'.
41New section 417A inserted
After section 417 of the Marine Safety Act 2010 insert—
417AAmendment of section 228ZZPA—Transport safety infringements'
(1)After section 228ZZPA(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"(1A)A member of the police force who has reason to believe that a person has committed a transport safety infringement in relation to a marine or port law may serve a transport safety infringement notice on that person.".
(2)In section 228ZZPA(2) of the Transport (Compliance and Miscellaneous) Act 1983 after "subsection (1)" insert "or (1A)".
(3)After section 228ZZPA(3) of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"(4)Despite section 32(3) of the Infringements Act 2006, if the transport safety infringement notice was served in relation to a marine or port law by a transport safety officer who is a staff member of a Council within the meaning of the Local Government Act 1989, the infringement penalty paid under Part 2 of the Infringements Act 2006 must be paid into the municipal fund of that Council.".'.
42Schedule 2—Subject matter for regulations
(1)In item 18 in Schedule 2 to the Marine Safety Act 2010 for "for vessels undergoing sea trials" substitute "from the requirement to hold safe construction and safe operation certificates".
(2)In item 20 in Schedule 2 to the Marine Safety Act 2010, after "must be" insert "carried or".
(3)After item 20 in Schedule 2 to the Marine Safety Act 2010 insert—
"20A.The safety equipment that must be carried in vessels.".
(4)In item 21 in Schedule 2 to the Marine Safety Act 2010, after "must be" insert "carried or".
(5)In item 22 in Schedule 2 to the Marine Safety Act 2010, after "must be" insert "carried or".
(6)In item 34 in Schedule 2 to the Marine Safety Act 2010, after "identification numbers," insert "identification marks,".
(7)In item 42 in Schedule 2 to the Marine Safety Act 2010, for "811" substitute "268".
(8)After item 81 in Schedule 2 to the Marine Safety Act 2010 insert—
"81A.Requirements to be met by applicants for a marine licence or endorsement.".
(9)In item 92 of Schedule 2 to the Marine Safety Act 2010, after "Commonwealth" (where secondly occurring) insert "or a recognised Classification Society (that is a member of the International Association of Classification Societies recognised by the Australian Maritime Safety Authority)".
43Statute law revision
For section 419(4) of the Marine Safety Act 2010 substitute—
'(4)In section 83 of the Port Management Act 1995, in paragraph (c) of the definition of authorised person, for "Marine Act 1988" substitute "Marine Safety Act 2010".
(4A)In section 88A(2) of the Port Management Act 1995, for "Marine Act 1988" (wherever occurring) substitute "Marine Safety Act 2010".'.
__________________
Part 3—Amendment of Marine Act 1988
44Definitions
In section 3(1) of the Marine Act 1988—
(a)insert the following definitions—
"Department means the Department of Transport;
Secretary means the Secretary to the Department;";
(b)for the definition of vessel substitute—
"vessel has the same meaning as it has in the Marine Safety Act 2010;".
45Removal of pollution
(1)In section 38(3) of the Marine Act 1988—
(a)after "occurs" (wherever occurring) insert "or is likely to occur";
(b)in paragraph (c), omit "used in a transfer operation".
(2)In section 38(4) of the Marine Act 1988 omit "the Director or".
46Functions of the Director
In section 65 of the Marine Act 1988, paragraphs (ce), (cf) and (jb) are repealed.
47New Division 1A in Part 8 inserted
(1)After Division 1 of Part 8 of the Marine Act 1988 insert—
"Division 1A—Functions and powers of the Secretary
71AFunctions of the Secretary
(1)The functions of the Secretary are—
(a)to advise the Minister on the operation and administration of marine pollution legislation; and
(b)to ensure adequate means exist in ports to enable an effective response to marine pollution incidents within ports; and
(c)to take action to deal with marine pollution incidents occurring in State waters that are not port waters; and
(d)after consultation with the Environment Protection Authority, to develop, review, co-ordinate and administer the Victorian Marine Pollution Contingency Plan.
(2)Without derogating from any other functions or powers of the Secretary under any other Act, the Secretary may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act, including the powers specified in section 71B.
71BPowers of the Secretary
(1)The Secretary may direct a specified person or body to participate in the Victorian Marine Pollution Contingency Plan by providing and maintaining equipment, training personnel and responding to marine pollution incidents as directed by the Secretary.
(2)In this section—
specified person or body means—
(a)port management bodies, local port managers, waterway managers, channel operators, port operators (as defined in the Port Management Act 1995), committees of management of Crown land within designated ports, oil terminal operators and chemical terminal operators; and
(b)any other person or body, or person or body who is a member of a class of person or body, specified in an Order made by the Governor in Council for the purposes of this section and published in the Government Gazette.".
48Amendment of Schedule 4—Particular powers of the Director
In Schedule 4 to the Marine Act 1988, the heading preceding item 22, and item 22, are repealed.
49Statute law revision
In the heading to section 126 of the Marine Act 1988, for "Magistrate's Court" substitute "Magistrates' Court".
__________________
Part 4—Amendment of Port Management Act 1995
50Price regulation
For section 49(c) of the Port Management Act 1995 substitute—
"(c)the following are prescribed services—
(i)the provision of channels for use by shipping in port of Melbourne waters, including the Shared Channels used by ships bound either for the port of Melbourne or for the port of Geelong;
(ii)the provision of berths, buoys or dolphins in connection with the berthing of vessels carrying container or motor vehicle cargoes in the port of Melbourne;
(iii)the provision of short term storage or cargo marshalling facilities in connection with the loading or unloading of vessels carrying container or motor vehicle cargoes at berths, buoys or dolphins in the port of Melbourne.".
51General power to make determinations
After section 54(2) of the Port Management Act 1995 insert—
"(3)The Commission must not make a determination under this section in relation to prescribed services unless it has the approval of the Minister administering this Act to do so.".
52Repeal of Division 4 of Part 3
Division 4 of Part 3 of the Port Management Act 1995 is repealed.
53Repeal of section 73R
Section 73R of the Port Management Act 1995 is repealed.
__________________
Part 5—Amendment of Transport Integration Act 2010
54Functions of Director, Transport Safety
Section 173(1)(b)(vi) of the Transport Integration Act 2010 is repealed.
__________________
Part 6—Repeal of amending Act
55Repeal of amending Act
This Act is repealed on 1 October 2013.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═══════════════
Endnotes
Minister's second reading speech—
Legislative Assembly: 8 November 2011
Legislative Council: 24 November 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Marine Safety Act 2010, the Marine Act 1988, the Port Management Act 1995 and the Transport Integration Act 2010 and for other purposes."
0
0
0