Untitled document

Marine (Amendment) Act 2000

Act No. 93/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Definitions	2
4.	Underage operators	3
5.	Offence not to produce operator licence on demand	3
6.	Substitution of section 22	3

22.	Dangerous operating	3
22A.	Careless operation	4

7.	Interpretation—offences involving alcohol or drugs	5
8.	Blood alcohol concentration to be recorded on conviction	5
9.	Insertion of new sections 28A to 28D	6

28A.	Provisions about cancellation and disqualification	6
28B.	Previous convictions	8
28C.	Immediate suspension of operator licence in certain
circumstances	8
28D.	Appeal to court against suspension of operator licence	9

10.      Disqualification of operator licence for conviction for refusal to

allow taking of blood sample 10
11.	Evidentiary provisions—blood tests 11
12.	Infringement notices—extension of time to object 11
13.	Insertion of new section 61BA 12

61BA. Suspension of operator licence for drink-operator

infringements 12

14.	Functions of the Marine Board	14
15.	Delegation	14
16.	Cancellation of certain licences	14
17.	Insertion of new section 86A	15

86A.	Police power to move vessel or require vessel to be
moved 15

18. Insertion of new section 89A 15

89A. Obtaining licence etc. by false statements 15

19.	Insertion of new section 101A	16
101A. Disclosure of Information	16
20.	Insertion of new section 107AA	17
107AA. Supreme Court—limitation of jurisdiction	17
21.	Fees or amounts for safety and education programs	17

i

Section Page

22.	Insertion of new Part 10A	18
PART 10A—LICENSING OF OPERATORS OF
RECREATIONAL VESSELS	18
Division 1—Preliminary	18

113.	Definitions	18
114.	Purposes of licensing	19

Division 2—Offences for unlicensed operators of certain

classes of recreational vessels 20

115.        Offence to operate certain classes of recreational vessel

without a licence 20

Division 3—General licensing provisions 20

116.	General operator licence	20
117.	Restricted operator licence	22
118.	Personal watercraft endorsement	23
119.	Cancellation, suspension or variation of a licence and
revocation of endorsement by the Board	25
120.	Power of Board to require tests to be undergone	26
121.	Power of court to cancel, suspend or vary licences	26
122.	Effect of suspension of licence	28
123.	Disqualified person must not apply for licence	28

Division 4—Rights of appeal against licensing decisions 28

124.	Definition	28
125.	Appeal to Magistrates' Court	28
126.	Appeal to County Court	30
127.	Board to notify affected person of right to appeal	30
128.	Time for lodging appeal	31

Division 5—Operator Licensing Offences 31

129.        Offence of failing to comply with the conditions of the

licence 31

130.        Offence for overseas or interstate operator to fail to

comply with the conditions of the licence or certificate 32

131.        Offence to operate a regulated recreational vessel while

disqualified etc. 32
132.	Cancellation of registration by court 33

133.        Offence not to have operator licence in person's

possession 34

134.        Offence to allow a non-licensed person to operate a

vessel 34

ii

Section Page

Division 6—Transitional provision 34

135. Application of Part 34

23.	Insertion of new Division 2 of Part 11	35
Division 2—Transitional Provision—Marine (Amendment)
Act 2000	35

149. Transitional provision—Interstate licences 35

24.	Subject matter for regulations	36
25.	Further amendments to the Marine Act 1988	36

__________________

SCHEDULE 37

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ENDNOTES 39

iii

Victoria

No. 93 of 2000

Marine (Amendment) Act 2000†

[Assented to 5 December 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Marine

Act 1988—

(a) to make provision for the licensing of operators of registered recreational vessels; and

(b) to make other necessary amendments.

Marine (Amendment) Act 2000

s. 2 Act No. 93/2000

2. Commencement

(1) Subject to sub-section (2), the provisions of this

Act come into operation on a day or days to be proclaimed.

(2) If a provision referred to in sub-section (1) does

not come into operation before 1 February 2002, it
comes into operation on that day.

See:

Act No.	3. Definitions
52/1988.
Reprint No. 4	In section 3(1) of the Marine Act 1988—
as at
4 February	(a) insert the following definitions—
1999
and	' "operator licence" means—
amending
Act Nos	(a) a general operator licence under
28/1999 and
14/2000.	section 116(1); or
LawToday:
(b) a restricted operator licence under
dpc.vic.	section 117(1);
gov.au

"regulated recreational vessel" means a

vessel of either of the following
classes—

(a)	a general recreational vessel, within the meaning of Part 10A;
(b)	a personal watercraft, within the meaning of Part 10A;';

(b)

for the definition of "prescribed ' "prescribed concentration of blood

alcohol" means—

(a) in the case of a person who is under the age of 21 years and who is in charge of a regulated recreational vessel under way, a concentration of alcohol present in the blood of that person of

Marine (Amendment) Act 2000

Act No. 93/2000 s. 4

0·00 grams per 100 millilitres of

blood; and

(b) concentration of alcohol present in
the blood of that person of

in the case of any other person, a blood;'.

4. Underage operators

In section 17 of the Marine Act 1988, sub-section

(2) is repealed.

5. Offence not to produce operator licence on demand

In section 19(4) of the Marine Act 1988, after paragraph (b) insert—

"; or

"(c) fail to produce an operator licence, if such a licence is required to operate the vessel; or

(d) fail to produce a certificate, licence or exemption issued under the regulations, while operating a vessel covered by that certificate, licence or exemption—".

6. Substitution of section 22

For section 22 of the Marine Act 1988
substitute—
"22. Dangerous operating

(1) A person must not operate a vessel at a speed

or in a manner which is dangerous to the
public, having regard to all the
circumstances of the case.

Penalty:  240 penalty units or imprisonment
for 2 years.

(2) Sub-section (1) does not apply to a person who is complying with section 26.

Marine (Amendment) Act 2000

s. 6 Act No. 93/2000

(3) On conviction for an offence under this

section involving a regulated recreational
vessel, the court must—

(a)	in the case of an offender who holds an operator licence, cancel that licence and disqualify the offender from obtaining
an operator licence for the time (not being less than 6 months) that the court thinks fit; or
(b)	in the case of an offender who does not hold an operator licence, disqualify the offender from obtaining an operator
licence for the time (not being less than 6 months) that the court thinks fit.

(4) If on a prosecution for an offence under this

section the court is not satisfied that the defendant is guilty of that offence but is satisfied that the defendant is guilty of an
offence against section 22A, the court may convict the defendant of an offence against section 22A and punish the defendant

accordingly.

22A. Careless operation

(1) A person must not operate a vessel

carelessly. 
Penalty:  12 penalty units for a first offence.
25 penalty units for a second or
subsequent offence.

(2) Sub-section (1) does not apply to a person who is complying with section 26.".

Marine (Amendment) Act 2000

Act No. 93/2000 s. 7

7. Interpretation—offences involving alcohol or drugs In section 27 of the Marine Act 1988, after sub- section (1) insert—

"(1AA) For the purposes of this Part a person is not to be taken to be in charge of a vessel unless that person is attempting to start or operate

the vessel or unless there are reasonable
grounds for the belief that that person
intends to start or operate the vessel.".

8.  Blood alcohol concentration to be recorded on conviction

In section 28 of the Marine Act 1988, after sub-
section (7) insert—

"(8) On convicting a person, or finding a person

guilty, of an offence under sub-section (1)
the court must cause to be entered in the

records of the court—

(a)	in the case of an offence under sub- section (1)(b), the level of concentration of alcohol found to be present in that person's blood; and
(b)	in the case of an offence under sub- section (1)(e), the level of concentration of alcohol found to be recorded or shown by the breath analysing instrument; and
(c)	in the case of an offence under sub- section (1)(f), the level of concentration of alcohol found to be present in the sample of blood.".

Marine (Amendment) Act 2000

s. 9 Act No. 93/2000

9. Insertion of new sections 28A to 28D

After section 28 of the Marine Act 1988 insert—

'28A. Provisions about cancellation and

disqualification

(1) On convicting a person, or finding a person guilty, of an offence under section 28(1)(b), (e) or (f) involving a regulated recreational vessel, the court must—

(a) for a first offence—

(i)  in the case of an offender who is the holder of an operator licence, suspend the licence for a period of

6 months; or

(ii) not the holder of an operator
licence, disqualify that person

in the case of an offender who is for a period of 6 months; or

(b) for a second or subsequent offence—

(i)  in the case of an offender who is the holder of an operator licence, cancel the licence and disqualify the person from obtaining an

operator licence for the time that the court thinks fit (not being less than 12 months); or

(ii)  in the case of an offender who is not the holder of an operator licence, disqualify the person from obtaining an operator licence for the time that the court thinks fit (not being less than 12 months).

Marine (Amendment) Act 2000

Act No. 93/2000 s. 9

(2) On convicting a person, or finding a person guilty, of an offence under section 28(1)(a), (c), or (d) involving a regulated recreational vessel, the court must—

(a) for a first offence—

(i)  in the case of an offender who is the holder of an operator licence, cancel the licence and disqualify the person from obtaining an

operator licence for the time that the court thinks fit (not being less than 12 months); or

(ii) not the holder of an operator
licence, disqualify the person from

in the case of an offender who is the time that the court thinks fit (not being less than 12 months); or

(b) for a second or subsequent offence—

(i)  in the case of an offender who is the holder of an operator licence, cancel the licence and disqualify the person from obtaining an

operator licence for the time that the court thinks fit (not being less than 24 months); or

(ii)  in the case of an offender who is not the holder of an operator licence, disqualify the person from obtaining an operator licence for the time that the court thinks fit (not being less than 24 months).

Marine (Amendment) Act 2000

s. 9 Act No. 93/2000

(3) Any period of suspension imposed on a

person under section 28C must be deducted from the period of disqualification imposed on that person under this section.

28B. Previous convictions

In determining for the purpose of section 28A(1) or (2) or section 28C whether an offence (in this section referred to as "the relevant offence") is a first offence, any

other offence in respect of which a
conviction was recorded or a finding of guilt
was made 10 years or more before the
commission of the relevant offence is to be
disregarded if not to do so would make the
relevant offence a subsequent offence for the
purpose of that provision.

28C. Immediate suspension of operator licence in certain circumstances

(1) If a person is charged by a member of the police force with an offence under—

(a) section 28(1)(b), (e) or (f) where it is

alleged that the concentration of
alcohol in the blood of that person was
0·15 grams per 100 millilitres of blood
or more; or

(b) section 28(1)(c), or (d)—

where the person was in charge of a
regulated recreational vessel, any member of
the police force may, at any time after the
making of the charge until the charge has
been determined, give to the accused a notice
containing the prescribed particulars
informing the accused that his or her
operator licence is immediately suspended
until the charge has been determined and

Marine (Amendment) Act 2000

Act No. 93/2000 s. 9

requiring the accused to surrender the
licence document immediately to the person

who gave the notice.

(2) For the purposes of this section a person is

charged with an offence when a copy of the information that is signed by the member of the police force is given to the person.

(3) Immediately on the giving of a notice under

sub-section (1), the operator licence of the accused is suspended until the charge has been determined by a court.

(4) A person who gives a notice under sub-

section (1) must cause a copy of that notice
to be sent immediately to the Board.

(5) A person who, without just cause or excuse,

refuses or fails to surrender a document as
required by a notice under sub-section (1) is
guilty of an offence and liable to a penalty of
not more than 5 penalty units.

(6) The accused has the burden of proving just cause or excuse.

28D. Appeal to court against suspension of

operator licence

(1) A person to whom a notice is given under

section 28C(1) may appeal against that
notice to the Magistrates' Court.

(2) A person who appeals under sub-section (1)

appeal (including particulars of any alleged
exceptional circumstances) to the Chief

must give 14 days' written notice of the the Magistrates' Court.

(3) In determining the appeal the court must

hear any relevant evidence tendered either by
the applicant or by the Chief Commissioner

Marine (Amendment) Act 2000

s. 10 Act No. 93/2000

of Police and any evidence of a registered medical practitioner required by the court.

(4) On an appeal under sub-section (1) the court may make an order—

(a) confirming the notice; or
(b) cancelling the notice.

(5) The Magistrates' Court must not make an

order under sub-section (4) cancelling a
notice unless it is satisfied that exceptional
circumstances exist which justify the making
of such an order.

(6) If on the subsequent hearing of the charge the accused's operator licence is cancelled and the accused is disqualified from

obtaining an operator licence for a specified
time, the court must take into account, in
fixing the period of disqualification, the
period of suspension under section 28C.'.

10.  Disqualification of operator licence for conviction for refusal to allow taking of blood sample

In section 31A of the Marine Act 1988, after sub- section (2) insert—

"(2A) On convicting a person, or finding a person

guilty, of an offence under sub-section (2)
involving a regulated recreational vessel the
court must—

(a) for a first offence—

(i)  in the case of an offender who is the holder of an operator licence, cancel the licence and disqualify the person from obtaining an

operator licence for the time that the court thinks fit (not being less than 12 months);

Marine (Amendment) Act 2000

Act No. 93/2000 s. 11

(ii)  in the case of an offender who is not the holder of an operator licence, disqualify the person from obtaining an operator licence for the time that the court thinks fit (not being less than 12 months).

(b) for a second or subsequent offence—

(i)  in the case of an offender who is the holder of an operator licence, cancel the licence and disqualify the person from obtaining an

operator licence for the time that the court thinks fit (not being less than 24 months);

(ii)  in the case of an offender who is not the holder of an operator licence, disqualify the person from obtaining an operator licence for the time that the court thinks fit (not being less than 24 months).".

11. Evidentiary provisions—blood tests

In section 32(10) of the Marine Act 1988, for
"section 31(9A)" substitute "sections 31(9A) and

31A".

12. Infringement notices—extension of time to object

(1) In section 61B(3) of the Marine Act 1988 after

paragraph (a) insert—

"(ab) any cancellation, disqualification or

suspension that resulted from the conviction

is set aside; and

(ac) anything done by the person before he or she

became aware that the infringement notice had been issued that constituted an offence only because of any cancellation,
disqualification or suspension, that resulted

Marine (Amendment) Act 2000

s. 13 Act No. 93/2000

from the conviction must be taken not to
constitute that offence; and".

(2) In section 61B of the Marine Act 1988, after sub- section (3) insert—

"(3A) In the case of any subsequent proceedings in relation to an offence in respect of which an infringement notice was issued to which sub-

section (3) applies, any period of
cancellation, disqualification or suspension

of an operator licence that—

(a) resulted from the conviction; and

(b) occurred after the person became aware that the infringement notice had been issued—

must be taken into account by the court if the court convicts the person, or finds the person guilty, of the offence in respect of which the infringement notice was issued.".

13. Insertion of new section 61BA

After section 61B of the Marine Act 1988 insert—

"61BA. Suspension of operator licence for drink-

operator infringements

(1) If—

(a) issued to a person in respect of an
offence under section 28(1) involving a
regulated recreational vessel where the
blood alcohol concentration specified

a marine infringement notice has been concentration of blood alcohol; and

(b) the person to whom the infringement notice has been issued does not give a notice of objection to the infringement

Marine (Amendment) Act 2000

Act No. 93/2000	s. 13
notice and the 28 day period has expired—

and—

(c)	if the person is the holder of an operator licence, the licence is suspended for a period of 6 months; or
(d)	if the person is not the holder of an operator licence, he or she is disqualified from obtaining such a licence for a period of 6 months.

(2) If a person to whom a marine infringement

notice has been issued in respect of an
offence under section 28(1) involving a
regulated recreational vessel—

(a) is exempted under the regulations from the requirements of section 115 because he or she holds an appropriate operator licence issued in another State,

Territory or country; and

(b) does not give notice of objection to the infringement notice and the 28 day period has expired—

the person is disqualified from operating a
vessel in State waters for the period for
which he or she would have been suspended
under this section had the person held an

operator licence under this Act.

(3) Any suspension or disqualification under

sub-section (1) or disqualification under sub-
section (2) takes effect on the expiry of the
28 day period.

(4) When any suspension has taken effect, the Board may, by notice in writing served on the person whose operator licence is

Marine (Amendment) Act 2000

s. 14

s. 16 Act No. 93/2000

suspended, require that person to surrender
any operator licence document to the Board.

(5) A person on whom a notice is served under sub-section (4) must comply with the notice within the time specified in it.

Penalty: 5 penalty units.

(6) Payment of a penalty in respect of an

infringement notice to which sub-section (1) applies may be made in accordance with the regulations.

(7) A person to whom sub-section (1) applies must, on or before the expiry of the 28 day period, surrender his or her operator licence

document in accordance with the

regulations.".

14. Functions of the Marine Board

In section 65 of the Marine Act 1988, after
paragraph (je) insert—

"(jf) to test, approve the testing of and licence

operators of regulated recreational vessels;
and

(jg) to train or approve courses or persons for the purposes of training of operators of regulated recreational vessels; and

(jh) to register recreational vessels; and".

15. Delegation

In section 76 of the Marine Act 1988 after
paragraph (b) insert—

"(ba) the Roads Corporation established under

Part II of the Transport Act 1983; or".

16. Cancellation of certain licences

Marine (Amendment) Act 2000

Act No. 93/2000

In section 85 of the Marine Act 1988, after sub-
section (4) insert—

'(5) In this section "licence" does not include an

operator licence.'.

17. Insertion of new section 86A

After section 86 of the Marine Act 1988 insert—

"86A. Police power to move vessel or require

vessel to be moved

If a person has, within sight of a member of the police force, committed an offence against Part 4 or Part 10A and that person is in charge of a vessel, the member of the police force may—

(a)	take charge of the vessel and may move it to an appropriate place; or
(b)	direct another person to move the vessel to an appropriate place.".

18. Insertion of new section 89A

After section 89 of the Marine Act 1988 insert—

"89A. Obtaining licence etc. by false statements

A person who—

(a) misrepresentation or other dishonest
means obtains or attempts to obtain any
notice, certificate, licence or other
document, or any identifying number or
general identification mark that is

by any false statement or any under this Act; or

(b) possesses any notice, certificate,

without lawful authority or excuse obtained—

Marine (Amendment) Act 2000

s. 19 Act No. 93/2000

is guilty of an offence and liable to a penalty
of not more than 10 penalty units or
imprisonment for a term of not more than
2 months and any notice, certificate, licence
or other document or identifying number or
general identification mark so obtained is

void and of no effect.".

19. Insertion of new section 101A

After section 101 of the Marine Act 1988 insert—

'101A. Disclosure of Information

(1) Subject to this section, the Board or a relevant person must not—

(a) Board or in the course of the
delegation, employment or engagement

disclose information gained by the information of a personal nature or that has commercial sensitivity for the person about whom it is kept; or

(b) use the person's knowledge of any such information.

Penalty: 100 penalty units.

(2) Sub-section (1) does not prevent the

disclosure or use of information, in

accordance with the regulations (if any)—

(a)	in connection with the administration of this Act or the regulations; or
(b)	for the purposes of any legal proceedings arising out of this Act or the regulations or for the purposes of any report of such proceedings; or

Marine (Amendment) Act 2000

Act No. 93/2000 s. 20

(c) made at the direction of the Minister; or

(d)	made in circumstances in which the person believes on reasonable grounds that the disclosure or use is necessary to prevent or lessen a serious or imminent threat to the life or health of one or more people; or
(e)	if the disclosure or use is required or authorised by law.

(3) In this section, "relevant person" means a

person who is or has been a delegate of or
employed by or engaged to provide services
for—

(a) the Board; or

(b) any other person or body engaged to provide services for the Board.'.

20. Insertion of new section 107AA

After section 107A of the Marine Act 1988 insert—

"107AA. Supreme Court—limitation of jurisdiction

It is the intention of section 120 to alter or
vary section 85 of the Constitution Act

1975.".

21. Fees or amounts for safety and education programs

For section 109(1) of the Marine Act 1988
substitute—

"(1) The Governor in Council may, by regulation,

fix a fee or other amount to be imposed on
licence holders, applicants for licences,
persons in whose names vessels are
registered or any other class of persons—

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

(a)	for the provision and maintenance of boating facilities and services for the public; and
(b)

for the conduct of boating safety, promotion programs for the public.".

22. Insertion of new Part 10A

After Part 10 of the Marine Act 1988 insert—

'PART 10A—LICENSING OF OPERATORS OF

RECREATIONAL VESSELS

Division 1—Preliminary

113. Definitions
In this Part—
"general operator licence" means a licence

issued under section 116(1);

"general recreational vessel" means a recreational vessel that—

(a) is not a personal watercraft; and

(b) is of a kind which is required by or under this Act to be registered;

"operate" means to be in charge of a vessel

that is not—

(a) at anchor; or
(b) made fast to the shore; or
(c) aground; or

(d) ashore;

"personal watercraft" means any

recreational vessel that is of a kind that
is required, by or under this Act to be
registered and that—

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

(a) is power driven; and

(b) has a fully enclosed hull; and

(c)	does not retain water on it if it capsizes; and
(d)	is designed to be operated by a person standing, sitting astride or kneeling on the vessel, but not seated within the vessel;

"personal watercraft endorsement" means

an endorsement of a general operator licence or a restricted operator licence under section 118(1);

"restricted operator licence" means a licence issued under section 117(1).

114. Purposes of licensing
The purposes of licensing are to—

(a)

ensure that people who operate competent operators; and

(b)	ensure that operators are aware of safe operating practices and relevant marine law; and
(c)	ensure that people who are, or who become, unsuited to operate registered recreational vessels are not permitted to do so; and
(d)	enable the identification of operators for the purposes of law enforcement and the investigation of and response to

incidents and accidents.

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

Division 2—Offences for unlicensed operators

of certain classes of recreational vessels

115.  Offence to operate certain classes of recreational vessel without a licence

(1) A person must not operate a general

recreational vessel unless—

(a)	the person is the holder of a licence issued under this Part that authorises the person to operate such a vessel; and
(b)	the person operates the vessel under and in accordance with the licence.

Penalty: 8 penalty units.

(2) A person must not operate a personal

watercraft unless—

(a) the person is the holder of a licence issued under this Part that—

(i)  authorises the person to operate a general recreational vessel; and

(ii)

is endorsed to authorise the person and

Penalty: 10 penalty units. the person operates the personal with the licence and endorsement.

(b)

Division 3—General licensing provisions 116. General operator licence

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

(1) The Board may grant a general operator licence to a person if—

(a)	the person is of or over the age of 16 years; and
(b)	the licence in accordance with the regulations and the person is, in

the person has made an application for eligible to apply for the licence; and

(c) has satisfactorily completed any

the Board is satisfied that the person section (2).

(2) Before granting a general operator licence the Board may require the applicant—

(a) to—

(i) of recreational vessels or undergo
any training about the operation of

pass any test about the operation considers is appropriate; or

(ii) have any prescribed qualification;
and

(b) to comply with any prescribed procedures or requirements.

(3) A general operator licence authorises the

holder to operate the recreational vessels to which the licence applies for the term, and subject to any conditions, specified in the licence or prescribed by the regulations.

(4) An application for a general operator licence

must be made in accordance with the
regulations.

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

(5) The Board may grant, renew or vary a

general operator licence or may refuse to
grant, renew or vary such a licence.

(6) When granting, renewing or varying a

grant, renew or vary such a licence, the

general operator licence, or, when refusing to regulations.

117. Restricted operator licence

(1) The Board may grant a restricted operator licence to a person if—

(a)

the person is of or over the age of and

(b) the licence in accordance with the
regulations and the person is, in

the person has made an application for eligible to apply for the licence; and

(c) has satisfactorily completed any

the Board is satisfied that the person section (2).

(2) Before granting a restricted operator licence the Board may require the applicant—

(a) to—

(i) of recreational vessels or undergo
any training about the operation of

pass any test about the operation considers is appropriate; or

(ii) have any prescribed qualification;
and

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

(b) to comply with any prescribed procedures or requirements.

(3) A restricted operator licence authorises the holder to operate the recreational vessels to which the licence applies for the term, and subject to any conditions, specified in the licence or prescribed by the regulations.

(4) An application for a restricted operator

licence must be made in accordance with the
regulations.

(5) The Board may grant, renew or vary a

restricted operator licence or may refuse to
grant, renew or vary such a licence.

(6) When granting, renewing or varying a

to grant, renew or vary such a licence, the

restricted operator licence or when refusing regulations.

(7) If the holder of a restricted licence attains

16 years of age, the licence held by that
person is deemed to become a general
operator licence.

118. Personal watercraft endorsement

(1) A person—

(a)	who has applied for an operator licence; or
(b)	who is the holder of an operator licence—

and who satisfies the Board that he or she is
qualified to operate a personal watercraft
may, on application to the Board, have the
licence issued to or held by that person
endorsed to allow that person to operate a
personal watercraft.

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

(2) An endorsement authorises the holder of the

licence that is endorsed to operate personal
watercraft for the term, and subject to any
conditions, specified in the endorsement or
prescribed by the regulations.

(3) An application for a personal watercraft

endorsement under sub-section (1) must be
made, in accordance with the regulations.

(4) The Board may endorse an operator licence

or renew or vary such an endorsement or
may refuse to endorse such a licence or
renew or vary such an endorsement.

(5) When endorsing an operator licence or

when refusing to endorse such a licence or
renew or vary such an endorsement, the

renewing or varying such an endorsement or regulations.

(6) The Board may, before making a personal

watercraft endorsement, require the
applicant—

(a) to—

(i)  pass any test about the operation of personal watercraft or undergo any training about the operation of

personal watercraft that the Board considers appropriate; or
(ii)	have any prescribed qualification; and

(b) to comply with any prescribed procedures and requirements.

(7) For the purposes of this Act a personal

watercraft endorsement is to be taken to be
part of the licence that is endorsed.

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

119.  Cancellation, suspension or variation of a licence and revocation of endorsement by the Board

(1) The Board—

(a)	must, if the regulations require the Board to do so; or
(b)	may, if the regulations enable the Board to do so—

in accordance with the regulations—

(c) suspend an operator licence for the prescribed time;

(d) cancel an operator licence;

(e)	revoke a personal watercraft endorsement;
(f)	vary an operator licence or a personal watercraft endorsement;
(g)	operator licence or a personal watercraft endorsement is subject by

vary the conditions to which an condition.

(2) In suspending, in accordance with the regulations, an operator licence on the ground that it would be dangerous for the

person to operate a regulated recreational given by a registered medical practitioner and without conducting any other hearing or investigation into the matter before the suspension is imposed.

vessel because of illness or bodily infirmity,
defect or incapacity or because of the effects
of treatment for any of those things, the

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

120.  Power of Board to require tests to be undergone

(1) The Board may require—

(a)	the holder of an operator licence (whether endorsed or not); or
(b)	an applicant for an operator licence or an applicant for an endorsement; or
(c)	an applicant for a variation of an operator licence or an endorsement—

to undergo a test or tests to find out if that
person is unfit to operate a regulated
recreational vessel, or if it is dangerous for
that person to operate such a vessel.

(2) A person may be required under sub-section (1) to undergo a test of health or competence or any other appropriate test to be carried out by a person specified by the Board.

(3) A test must be carried out by a person of the

class prescribed in relation to that class of
test.

(4) No action may be taken against a person who carries out a test under this section and who expresses to the Board an opinion formed by that person as a result of the test.

(5) No action may be taken against a person

who, in good faith, reports to the Board any information which discloses or suggests that a person is unfit to operate a regulated
recreational vessel or that it may be
dangerous to allow that person to hold or be
granted an operator licence or a variation of
such a licence.

121.  Power of court to cancel, suspend or vary licences

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

(1) If a court convicts a person of, or is satisfied that a person is guilty of, an offence against this Act or of any other offence in

connection with the operating of a regulated
recreational vessel, the court in any case may
suspend for such time as it thinks fit or
cancel any operator licence held by that
person and, whether or not that person holds
such a licence, disqualify him or her from
obtaining one for such time (if any) as the

court thinks fit.

(2) Sub-section (1) does not affect the obligation

of a court to cancel an operator licence and disqualify the offender in any case in which cancellation and disqualification are
mandatory under section 22 or 28A.

(3) A court must cause particulars of an order

made under sub-section (1) to be sent
immediately to the Board.

(4) If under sub-section (1) a court disqualifies a person from obtaining an operator licence for any time without expressly cancelling any

such licence held by that person, any such
licence held by that person is, unless the
order specifies otherwise, to be taken to have
been cancelled by that order.

(5) Sub-section (1) does not apply to an offence

under section 31A(6) unless the court is
satisfied that the person convicted or found
guilty of the offence had operated a
regulated recreational vessel less than 3
hours before the time of the offence.

(6) A licence cancelled by a court is of no effect

and a person whose licence is cancelled is
(without affecting the power of the court to
impose a longer period) disqualified from

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

obtaining a further licence for the period
specified by the court or, if no period is

specified, for 3 months.

122.

Effect of suspension of licence by the Board or by operation of this Act is, during the suspension, of no effect and a person whose licence is suspended is, during the suspension, disqualified from obtaining a further licence.

123.  Disqualified person must not apply for licence

(1) A person who is disqualified from obtaining

an operator licence must not apply for or
obtain such a licence.
Penalty: 5 penalty units.

(2) A licence so obtained is of no effect.

Division 4—Rights of appeal against licensing

decisions

124. Definition
In this Division—
"affected person" means a person who has

a right of appeal to the Magistrates'

Court under section 125.

125. Appeal to Magistrates' Court

(1) If the Board decides to—

(a) refuse an application for an operator licence or an application to renew or vary an operator licence;

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

(b) watercraft endorsement or an

refuse an application for a personal endorsement;

(c)	impose or vary a condition on an operator licence or a personal watercraft endorsement;
(d)	suspend, cancel or vary an operator licence;
(e)	revoke a personal watercraft endorsement—

the applicant or holder may, in accordance
with the regulations and subject to sub-
section (2), appeal against that decision to

the Magistrates' Court.

(2) On an appeal under sub-section (1) the court

must—

(a) re-determine the matter; and

(b)	hear any relevant evidence tendered by the appellant or the Board; and
(c)

without limiting its discretion, take into ought to have considered.

(3) If the court is satisfied that the decision of the Board—

(a) results from a disqualification of the appellant in another State or Territory of the Commonwealth; or

(b) was required by the regulations—

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

the court must confirm the decision of the

Board.

126. Appeal to County Court

(1) A person—

(a)	who is disqualified from obtaining an operator licence by order of the Magistrates' Court; or
(b)	whose operator licence is cancelled or suspended or varied by order of the Magistrates' Court—

may, under Division 4 of Part 4 of the manner as a person may appeal from summary conviction by the Magistrates' Court.

Magistrates' Court Act 1989, appeal to the

(2) The giving of notice of appeal to the County Court does not stay the operation of the order but the court making the order may, in its

discretion, stay the operation of the order

pending the decision of the appeal.

(3) This section does not apply to an order of the

Magistrates' Court made on an appeal under section 28D or 125.

127.  Board to notify affected person of right to appeal

(1) The Board must notify any affected person that the person has a right of appeal under section 125.

(2) A notice under sub-section (1) must be given within 14 days after the making of the

Marine (Amendment) Act 2000

s. 22
s. 22

Act No. 93/2000

decision against which the person has the

right to appeal.

128. Time for lodging appeal

(1) If the affected person has not applied for a

review of the decision under the regulations, within the time prescribed by the regulations, an appeal under section 125 must be made
within 28 days after the person is notified of
the decision.

(2) If the affected person has applied for a

review of the decision under the regulations
within the time prescribed by the regulations,
an appeal under section 125 must be made
within 28 days after the making of the
decision on the review.

(3) The Magistrates' Court must cause

particulars of an order made on an appeal to
be sent immediately to the Board.

(4) A person who appeals to the Magistrates' Court under section 125 must—

(a) provide notice in writing of the appeal to the clerk of the Magistrates' Court, requesting the clerk to endorse a copy of the notice with the date on which the

appeal is to be heard; and

(b) serve on the Board the endorsed copy

of the notice, not less than 14 days
before the hearing date.

Division 5—Operator Licensing Offences

129.  Offence of failing to comply with the conditions of the licence

Marine (Amendment) Act 2000

Act No. 93/2000

(1) A person must not operate a general

recreational vessel in breach of any condition
of the person's operator licence.

Penalty: 8 penalty units.

(2) A person must not operate a personal

watercraft in breach of any condition of the person's personal watercraft endorsement or in breach of any condition of the endorsed
licence.
Penalty: 10 penalty units.

130.  Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate

A person, who is exempted under the
regulations from the requirement to comply
with section 115 because he or she holds an
appropriate licence or certificate issued in
another State, Territory or country, must not
operate a regulated recreational vessel in
breach of any condition of that licence or
certificate.
Penalty: 8 penalty units.

131.  Offence to operate a regulated recreational vessel while disqualified etc.

(1) A person must not operate a regulated recreational vessel while any operator licence granted to him or her to do so is

suspended or during a period of
disqualification from obtaining such a
licence.

Marine (Amendment) Act 2000

Act No. 93/2000 s. 22

Penalty:  For a first offence, 10 penalty
units;
For a subsequent offence,
30 penalty units.

(2) Section 49 of the Sentencing Act 1991 does not apply with respect to proceedings for an offence against sub-section (1).

132. Cancellation of registration by court

(1) A court convicting a person of an offence

against section 131(1) may, if the
circumstances warrant it, order the
cancellation of the registration of the vessel
in respect of which the offence was
committed, if that vessel is owned by that
person, and order the Board not to register
that vessel again during such time (if any) as
the court specifies.

(2) If the court considers that another person

who is not present in court may be
substantially affected by such an order, the
court must issue a summons to that other
person to show cause why the order should
not be made.

(3) On the return of the summons, the court may, after hearing the evidence brought before it—

(a)	refuse to order that the registration be cancelled; or
(b)	order that the registration be cancelled, and order the Board not to register that vessel again during such time (if any)

as the court specifies.

(4) A court must cause particulars of an order

made under this section to be sent
immediately to the Board and the Board

Marine (Amendment) Act 2000

s. 22 Act No. 93/2000

must give effect to the order as soon as
possible.

133.  Offence not to have operator licence in person's possession

A person who holds an operator licence must
have the licence in his or her possession
while operating a regulated recreational
vessel.
Penalty: 2 penalty units.

134.  Offence to allow a non-licensed person to operate a vessel

(1) The owner of a general recreational vessel

must not allow another person to operate that
vessel unless that person is the holder of an
operator licence which authorises that person
to operate a general recreational vessel.
Penalty: 8 penalty units.

(2) The owner of a personal watercraft must not

allow another person to operate that
watercraft unless that other person is the
holder of an operator licence that is endorsed
with a personal watercraft endorsement
which authorises that person to operate a
personal watercraft.
Penalty: 10 penalty units.

(3) It is a defence to a charge under this section

if the owner reasonably believes that the
operator held the appropriate licence which
has (where the case so requires) the
appropriate endorsement.

Division 6—Transitional provision 135. Application of Part

Marine (Amendment) Act 2000

Act No. 93/2000 s. 23

This Part does not apply to a person—

(a) who is operating a general recreational vessel; and

(b) who is of or over the age of 21 years— until 12 months after the commencement of section 22 of the Marine (Amendment) Act

2000.'.

23. Insertion of new Division 2 of Part 11

After Division 1 of Part 11 of the Marine Act

1988 insert—

"Division 2—Transitional Provision—Marine

(Amendment) Act 2000

149. Transitional provision—Interstate licences
A person—

(a) section 22 of the Marine
(Amendment) Act 2000, the holder of
a licence or authority issued in another
State or Territory of the

who is, on the commencement of equivalent of an operator licence; and

(b) who is a resident of Victoria; and

(c) who would, because of the operation of Part 10A of this Act be required to hold an operator licence to operate a

regulated recreational vessel—

is deemed to be the holder of an operator
licence, with a personal watercraft

Marine (Amendment) Act 2000

s. 24 Act No. 93/2000

endorsement, (where the licence held by the person so authorises) for a period of 3 years from the commencement of section 22 of

that Act, unless the licence issued in the
other State or Territory is cancelled or

expires before that commencement.".

24. Subject matter for regulations

(1) In Schedule 5 to the Marine Act 1988, after item

28 insert—

"28A. The carriage and display of certificates of

survey or certified copies of such certificates
on vessels.".

(2) In Schedule 5 to the Marine Act 1988, after item 62C insert—

"62CA. The persons responsible for the safe-keeping of samples of blood taken under section 31A and the methods of storage to be used by

them.

62CB. The delivering of portions of samples of

blood taken under section 31A to the people
from whom they are taken and to members
of the police force.".

25. Further amendments to the Marine Act 1988

The Marine Act 1988 is amended as set out in the

Schedule.

__________________
Marine (Amendment) Act 2000

Act No. 93/2000 Sch.

Section 25

SCHEDULE

AMENDMENT OF SCHEDULE 5

In Schedule 5, after item 81 insert—

"LICENSING OF OPERATORS

82.  The categories of recreational vessels for licensing purposes.

83.  Applications for an operator licence or for the variation, renewal or extension of an operator licence; the dates by which applications must be made and the information and

evidence to accompany applications.

84.  Requirements to be complied with before an operator licence may be granted, varied or renewed.

85.  The conditions on which an operator licence may be granted, varied or renewed.

86.  The requirements to be complied with before a personal watercraft endorsement may be made or varied.

87.  The conditions on which a personal watercraft endorsement may be made, varied or renewed.

88.  The date on which an operator licence commences and the period for which it remains in force.

89.  The taking of photographs or making of digitised images for inclusion in operator licence documents.

90. The information to be included in licence documents.
91. The issue of duplicate operator licence documents.
92. The issue of different classes of operator licence documents.

93.  The exemption of persons or classes of persons from the requirement to obtain an operator licence.

94. Tests and operator training.

95.  The grounds on which an operator licence may be cancelled, suspended or varied by the Board and the procedures to be followed in such cases.

Marine (Amendment) Act 2000

Sch. Act No. 93/2000

96.  The grounds on which a personal watercraft endorsement may be revoked or varied by the Board and the procedures to be followed in such cases.

97.  The circumstances in which the Board is required to cancel, suspend or vary an operator licence or refuse an application for an operator licence or an operator licence variation and the procedures to be followed in those cases.

98.  The circumstances in which the Board is required to revoke or vary a personal watercraft endorsement or refuse an application for a personal watercraft endorsement or a variation of an endorsement and the procedures to be followed in these cases.

99.  The surrender of licence documents if the licence has been cancelled or suspended by the Board or by a court.

100.  Approving tests or courses or conducting tests or courses for the purposes of operator licences or endorsements.

101.  The circumstances in which licence documents may be replaced.

102.  The information the Board may require an applicant for a licence or endorsement or the holder of a licence or an endorsed licence to give to the Board.

103.  Procedures for reviewing decisions of the Board in relation to operator licences or personal watercraft endorsements.

104. Requirements for interstate or overseas licence holders.

105. Records to be kept about licence holders.

RIGHT OF APPEAL OR REVIEW

106.   Conferring a right of appeal or review to a specified court or tribunal against any decision of the Board and prescribing the procedures to be followed in those cases.

FORMS

107. Forms.".

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Marine (Amendment) Act 2000

Act No. 93/2000 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 2 November 2000

Legislative Council: 22 November 2000

The long title for the Bill for this Act was "to amend the Marine Act
1988 to provide for the licensing of operators of recreational vessels and

for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 2 November 2000

Legislative Council: 22 November 2000

Absolute majorities:

Legislative Assembly: 21 November 2000

Legislative Council: 28 November 2000