New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) Where the registration of a vessel under the former regulations would have been effective for any period after the commencement of these Regulations if the former regulations had remained in force, that vessel shall be registered for that period for the purposes of this regulation.
(2) A person who controls a registrable vessel may apply to the Minister for registration of such vessel.
(3) An application for the registration of a registrable vessel:(a) shall be made in writing to the Minister in a form approved by the Minister, and(b) shall contain the particulars provided for by the form.
(3A) The fee for registration of a registrable vessel is:(a) for a personal watercraft-$264,(b) for a vessel subject to a Class 3 (fishing vessels) permit under the Commercial Vessels (Permits) Regulation 1986 -$67,(c) for any other vessel:(i) that is less than or equal to 3m in length-$46, or(ii) that is greater than 3m in length-$46 plus an additional $8.50 for each half metre or part of a half metre by which the length of the vessel exceeds 3m, or $514, whichever is the lesser.
(3AA) If the Minister is satisfied that an applicant for registration of a registrable vessel, other than an applicant for registration of a commercial vessel, is the holder of a current pensioner concession card issued by the Commonwealth, the fee payable for the registration of the registrable vessel is half of the fee otherwise payable.
(3B) The Minister may issue a personalised registration plate to a person at the person’s request and may charge an amount determined by the Minister for doing so.
(4) Upon the registration of a registrable vessel, the Minister shall cause to be issued to the applicant a certificate of such registration and a relevant registration plate.
(5) Subject to subclauses (1) and (10) and to Regulation 16, the registration of a vessel shall be effective:(a) in the case of an initial registration-for a period of one year from the date stated on the certificate of registration as the day the fee for the registration was received by the Minister, and(b) in the case of any further registration-for a period commencing immediately after the date of expiration of the last previous registration and terminating one year after the expiration of the last previous registration.
(6) A holder of the certificate of registration for a vessel shall:(a) affix and keep affixed securely to the port side of the vessel, and in such a position as to be clearly visible, the relevant registration plate,(b) whenever so required, produce the certificate forthwith, or within such time as may be allowed, to any officer, or to any member of the police force,(c) notify the Minister forthwith of any change of his address,(d) upon the expiration and cancellation of the registration of the vessel, return to the Minister forthwith the certificate of registration unless he has obtained a further registration of such vessel.
(6A) A registered vessel which is a sailing vessel is not required to comply with clause (6) (a) if the relevant registration plate is affixed and kept affixed securely on the transom in such a position as to be clearly visible.
(7)(a) If the holder of the certificate of registration for a vessel ceases to control such vessel he shall forthwith:(i) supply to the Minister the name and address of the person to whom control of the vessel has been transferred and the date of such transfer,(ii) return such certificate to the Minister, and(iii) remove the relevant registration plate from the vessel, unless he supplies to the Minister an application by the person to whom the control of the vessel has been transferred for recording of acquisition of control of the vessel, accompanied by the prescribed fee.(b) A person who acquires control of a vessel to which a registration plate is affixed must within 3 days of the acquisition remove the registration plate unless, in the case of a current registration plate, the person has applied for recording of acquisition of control of the vessel and paid the prescribed fee.(c) An applicant for recording of acquisition of control of a vessel shall furnish such particulars as the Minister shall require and shall pay a fee of $25; and on recording by the Minister of such acquisition shall be issued a certificate signifying that such vessel is a registered vessel.
(8) Where a certificate of registration or a registration plate has been lost, stolen, destroyed, mislaid, defaced, mutilated or rendered illegible the person to whom the same has been issued shall inform the Minister, who may, if satisfied as to the facts and upon payment of a fee of $17, issue a duplicate certificate or plate.
(9) A registered vessel, or a vessel for registration of which application has been made, may be inspected or tested at any reasonable time by any delegate of the Minister or any officer of such a delegate appointed for this purpose, and the holder of the certificate of registration in respect of a vessel shall make such vessel available for the purposes of such inspection or test when called on to do so.
(10)(a) The registration of a vessel may be cancelled, or an application for registration of, or for recording of acquisition of control of, a vessel, refused:(i) where any information furnished by the holder of the certificate of registration for the vessel or the application is found to be untrue,(ii) where any requirement of these Regulations or any requirement of the Minister in respect of such vessel or its registration has not been complied with,(iii) where the Minister has reason to believe that the noise emitted by such vessel is, or would be, excessive,(iv) where the Minister considers that such vessel is unsafe to persons or property, or(v) where the holder of the certificate of registration for the vessel, or the applicant, as the case may be, does not, or ceases to, control the vessel.(a1) The registration of a vessel may be cancelled if the Minister has not received the registration fee within 30 days after the date of expiration of the last previous registration.(b) This subclause shall not affect the application of regulation 19 of these Regulations to any provision of this regulation.
(11) Any person who navigates a registered vessel, or who, having custody of the same, permits or suffers such vessel to be navigated, without the authority or consent of the holder of the certificate of registration for the vessel shall be guilty of an offence against this regulation.
(12) A registered vessel shall have displayed on each side of it, or in the case of a “Three Pointer” on its tail, in figures at least 150 mm high, and clearly distinguishable at a distance of at least 60 m, and where it may be clearly seen when the vessel is under way the distinguishing number directed to be so displayed in the certificate of registration relating to such vessel.
(12A) A registered vessel which is a sailing vessel shall not be required to comply with subclause (12) if it has displayed:(a) on the transom,(b) on both sides of the hull adjacent to the stern, or(c) in the case of a multiple-hulled sailing vessel, on the outer faces of the external hulls adjacent to the sterns thereof,in figures not less than 100 mm high, where it may clearly be seen when the vessel is under way, the distinguishing number directed to be so displayed in the certificate of registration relating to the vessel.
(12B) A registered vessel which is a ski-free is not required to comply with subclause (12) if:(a) it has displayed on a centrally mounted board, in figures not less than 150 mm high, where it may clearly be seen when the vessel is under way, the distinguishing number directed to be so displayed in the certificate of registration relating to the vessel, and(b) it exhibits a flag of orange dayglo not less than 300 mm × 30 mm from a mast not less than 1 m high.
(12C) A registered vessel which is subject to a vessel permit under the Commercial Vessels Act 1979 must display only the permit number of the vessel in accordance with the Commercial Vessels (Permits) Regulation 1986 .
(13)(a) If any registrable vessel is on any navigable waters and is unregistered:(i) the owner of such vessel shall be guilty of an offence against this regulation, and(ii) the master of such vessel shall be guilty of an offence against this regulation unless he satisfies the court before which the proceedings take place that such vessel appeared to comply in all respects with the requirements of these Regulations relating to registered vessels and that he had no reason to suspect that such vessel was unregistered.(b) If any registered vessel is on any navigable waters and has not affixed to it the relevant registration plate which relates to the certificate of registration of such vessel, both the owner and the master of such vessel shall be guilty of an offence against this regulation.(c) If a registered vessel is on any navigable waters and does not have a number displayed on it, in the position or positions and manner prescribed by clause (12), (12A), (12B) or (12C) or if any number so displayed on the vessel is in any way defaced, obliterated or concealed, both the owner and master of the vessel are guilty of an offence against this regulation.(d) The provisions of this subclause shall not apply to, or in relation to, a vessel which is more than 15.24 m in length until 1 July 1969.(e) Paragraph (a) shall not apply with respect to a registrable vessel which:(i) is not ordinarily used within the State of New South Wales,(ii) has not been in New South Wales for more than 3 months since the date it was first on any navigable waters after its last entry into New South Wales,(iii) is registered under a law for the time being in force in a State (other than New South Wales) or a Territory of the Commonwealth, and(iv) has clearly affixed to or exhibited upon it in accordance with that law any identifying or distinguishing plate, mark or number issued with respect to, or allocated to, the vessel pursuant to that law in connection with the registration of the vessel.