MARINE (FURTHER AMENDMENT) BILL 2001

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MARINE (FURTHER AMENDMENT) BILL 2001

PARLIAMENT OF VICTORIA Marine (Further Amendment) Act 2001 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2--DIRECTOR OF MARINE SAFETY 3 3. Definitions 3 4. Changes to headings 3 5. Substitution of section 63 3 63. Director of Marine Safety 3 6. Additional functions of the Director 3 7. Substitution of section 66 4 66. Powers of the Director 4 8. Substitution of sections 6871 6 68. Director must comply with the Minister's directions 6 69. Delegation 6 70. Restriction on whom the Director may authorise to act under specific sections 7 71. Advisory committees 7 9. Insertion of sections 150153 8 Division 3--Transitional provisions--Marine (Further Amendment) Act 2001 8 150. Definitions 8 151. Transition from Marine Board to Director representing the Crown 9 152. Winding-up of the Marine Fund 11 153. Transfer of staff 11 PART 3--ENFORCEMENT 14 10. Substitution of section 82 14 82. Appointment of inspectors 14 82A. Inspector's identity card 14 82B. Production of identity card 15 82C. Offence to impersonate an inspector 15 i 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Clause Page 82D. Functions of inspectors 15 11. Changes concerning powers of inspectors 16 12. Offences concerning inspectors 18 13. Insertion of sections 83B83D 18 83B. Requirement to give name and address 18 83C. Identity of vessel owner or master must be disclosed 20 83D. Extension of detention time 20 14. Investigations by Director 21 15. Insertion of sections 84A84C 21 84A. Extension of suspension pending investigation 21 84B. Action by the Director following investigation 21 84C. Public release of report 23 PART 4--LOCAL AUTHORITIES FOR DESIGNATED PORTS 24 16. Change to definition and heading 24 17. Substitution of section 112 24 112. Establishment of local authorities for designated ports 24 112A. Functions of local authorities 24 Division 2--Powers of Local Authorities 26 112B. General powers of local authorities 26 112C. Delegation 27 112D. Charges 27 112E. Dredging 28 112F. Other works 28 112G. Local authority may act as harbour master if there is no harbour master 29 Division 3--Regulations 29 112H. Regulations 29 112I. Saving of existing local authorities 31 PART 5--PROVISIONS CONCERNING POLLUTION 32 18. Updating of definition 32 19. Extension of powers concerning pollution 32 20. Additional particular power of the Director 33 21. Power of Director concerning pollution 33 PART 6--MISCELLANEOUS MATTERS 35 ii 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Clause Page 22. Definitions 35 23. Duty of owner or person in charge if accident occurs 36 24. Assistance to people in distress 36 25. Evidence of testing and sealing 36 26. Substitution of section 91 37 91. Offence to interfere etc. with navigation aid 37 27. Substitution of section 92 37 92. Offence to obstruct authorised person 37 28. Insertion of sections 99A and 99B 38 99A. Order to remove obstructions in navigable waters 38 99B. Director may remove obstructions to navigation 39 29. Service of documents 39 30. Additional regulation-making powers 40 PART 7--CONSEQUENTIAL AMENDMENTS 42 31. Amendments consequential on the abolition of the Marine Board 42 32. Consequential amendments to other Acts 45 ENDNOTES 48 iii 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

PARLIAMENT OF VICTORIA Initiated in Assembly 17 October 2001 A BILL to amend the Marine Act 1988 and for other purposes. Marine (Further Amendment) Act 2001 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY MATTERS 1. Purpose The purpose of this Act is to amend the Marine Act 1988-- 5 (a) to provide for the abolition of the Marine Board of Victoria and the establishment of the office of Director of Marine Safety to perform the functions previously performed by the Board; and 1 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 2 Act No. (b) to make further provision for-- (i) the enforcement powers conferred by the Act; and (ii) local authorities for designated ports; 5 and (c) to make other miscellaneous amendments to the Act. 2. Commencement (1) This section and sections 1, 18, 22, 23(1), 23(2), 10 24, 25, 26 and 29 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Parts 2 and 7 come into operation on 7 February 2002. 15 (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act does not come into operation before 1 January 2003, it comes into 20 operation on that day. _______________ 2 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 3 Act No. PART 2--DIRECTOR OF MARINE SAFETY 3. Definitions In section 3(1) of the Marine Act 1988-- (a) the definition of "Board" is repealed; 5 (b) insert the following definition-- ' "Director" means the Director of Marine Safety referred to in section 63;'. 4. Changes to headings In the Marine Act 1988-- 10 (a) in the heading to Part 8, for "MARINE BOARD OF VICTORIA" substitute "ADMINISTRATION AND ENFORCEMENT"; (b) in Part 8, in the heading to Division 1, for 15 "Establishment of the Board" substitute "Director of Marine Safety". 5. Substitution of section 63 For section 63 of the Marine Act 1988 substitute-- 20 "63. Director of Marine Safety There is to be a Director of Marine Safety employed under Part 3 of the Public Sector Management and Employment Act 1998.". 6. Additional functions of the Director 25 (1) Insert the following heading to section 65 of the Marine Act 1988-- "Functions of the Director"; 3 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 7 Act No. (2) In section 65 of the Marine Act 1988-- (a) for "Board" (wherever occurring) substitute "Director"; (b) after paragraph (c) insert-- 5 "(ca) to advise the Minister on the operation and administration of the Act, the regulations, marine pollution legislation and marine safety matters, and on any other matters referred for advice by the 10 Minister; and (cb) to provide guidance and information on marine safety matters; and (cc) to commission and sponsor research into marine safety matters; and 15 (cd) to promote education and training in marine safety; and (ce) to ensure that adequate means exist in ports to enable an effective response to marine pollution incidents within ports; 20 and (cf) to take action to deal with marine pollution incidents occurring in State waters that are not port waters; and"; (c) in paragraph (l), before "this or" insert "or 25 under". 7. Substitution of section 66 For section 66 of the Marine Act 1988 substitute-- "66. Powers of the Director 30 (1) The Director may do all things that are necessary or convenient to enable him or her to carry out his or her functions, including, 4 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 7 Act No. but not limited to, the powers specified in Schedule 4. (2) Despite sub-section (1), the Director must not exercise any of his or her powers in a 5 way that is inconsistent with the regulations. (3) Subject to the approval of the Minister, the Director may on behalf of the Crown-- (a) acquire, hold or dispose of real or personal property; 10 (b) participate in the formation of a corporation, trust, partnership or other body; (c) subscribe for or otherwise acquire, and hold and dispose of, shares in or 15 debentures or other securities of, a corporation; (d) become a member of a company limited by guarantee; (e) subscribe for or otherwise acquire, and 20 hold and dispose of, units in a trust; (f) acquire, and hold and dispose of, an interest in a partnership or other body; (g) enter into partnership or into any arrangement for sharing of profits, 25 union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or 30 transaction whether within or outside the State relating to, or connected with, any function of the Director; (h) engage consultants, contractors or agents. 5 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 8 Act No. (4) Without limiting the powers conferred by sub-sections (1) and (3), the Director may on behalf of the Crown enter into any agreement, lease or licence.". 5 8. Substitution of sections 6871 For sections 68 to 71 of the Marine Act 1988 substitute-- "68. Director must comply with the Minister's directions 10 (1) In carrying out any function or exercising any power, the Director is subject to the general direction and control of the Minister. (2) The Director must comply with any specific written direction given to him or her by the 15 Minister in relation to a matter or class of matter. 69. Delegation (1) The Director may delegate, in writing, any power conferred on the Director by or under 20 this Act to-- (a) any employee of the Department of Infrastructure; or (b) an officer or employee of the Victorian Channels Authority or of a local 25 authority; or (c) with the consent of the Minister, any other person or class of person. (2) Despite sub-section (1), the Director must not delegate-- 30 (a) the power to enter into agreements, leases or licences on behalf of the Crown; or 6 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 8 Act No. (b) the power of delegation conferred by this section. (3) A delegation under this section may be conferred on the holder of an office or 5 position or on a named person. 70. Restriction on whom the Director may authorise to act under specific sections (1) The Director may only authorise a person to act for the purposes of section 13(1), 18, 19, 10 21, 60(1), 60(2), 85A or 87(1) if the person is-- (a) an employee of the Department of Infrastructure; or (b) an officer or employee of the Victorian 15 Channels Authority or of a local authority; or (c) an inspector appointed under section 82; or (d) a person who has been, or who is a 20 member of a class of person that has been, approved by the Minister to act as an authorised person for the purposes of that section. (2) The Director must make any authorisation 25 made for the purposes of any section listed in sub-section (1) in writing. 71. Advisory committees (1) The Minister may establish advisory committees to advise the Minister or the 30 Director on marine safety matters. (2) In establishing an advisory committee, the Minister must specify the terms of reference of the committee. 7 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 9 Act No. (3) The Minister-- (a) is responsible for appointing the members of an advisory committee; and (b) is to determine the terms and conditions 5 of appointment (including the remuneration (if any) and the allowances (if any)) of each member of an advisory committee. (4) The Minister must publish notice of the 10 establishment of an advisory committee, together with the terms of reference of the committee, in the Government Gazette. (5) The Minister may dissolve an advisory committee at any time by publishing notice 15 of the dissolution in the Government Gazette. (6) The Minister may amend or replace the terms of reference of an advisory committee by publishing the amendment or replacement 20 in the Government Gazette. (7) An advisory committee may regulate its own procedure.". 9. Insertion of sections 150153 Before the Schedules to the Marine Act 1988 25 insert-- 'Division 3--Transitional provisions--Marine (Further Amendment) Act 2001 150. Definitions In this Division-- 30 "Board" means the Marine Board of Victoria established under this Act as in 8 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 9 Act No. force immediately before the relevant day; "relevant day" means the date of commencement of section 9 of the 5 Marine (Further Amendment) Act 2001; "transferred employee" means a person who, immediately before the relevant day, was an employee of the Board. 10 151. Transition from Marine Board to Director representing the Crown (1) On the relevant day-- (a) the Board is abolished and each person holding office as a director of the board 15 of directors of the Board goes out of office; and (b) all rights, property and assets that, immediately before the relevant day, were vested in the Board, vest in the 20 Director on behalf of the Crown; and (c) all debts, liabilities and obligations of the Board existing immediately before the relevant day, become debts, liabilities and obligations of the 25 Director, on behalf of the Crown; and (d) the Director, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Board was a party 30 immediately before the relevant day; and (e) the Director, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by 35 or on behalf of the Board and in force 9 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 9 Act No. immediately before the relevant day; and (f) any reference to the Board in any Act or in any proclamation, Order in 5 Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the relevant day, and if not inconsistent with the context or subject- 10 matter, must be construed as a reference to the Director, on behalf of the Crown. (2) Nothing effected under sub-section (1) or done or suffered under sub-section (1)-- 15 (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; (b) is to be regarded as placing any person 20 in breach of, or as constituting a default under any Act or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or 25 obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; (c) is to be regarded as fulfilling any 30 condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any 35 remedy for a party to a contract or an instrument or as causing or permitting 10 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 9 Act No. the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or 5 (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or 10 (g) releases any surety or other obligor wholly or in part from any obligation. 152. Winding-up of the Marine Fund All money standing to the credit of the Marine Fund immediately before the 15 relevant day is to be paid into the Consolidated Fund. 153. Transfer of staff (1) A transferred employee is to be regarded as-- 20 (a) having been employed under Part 3 of the Public Sector Management and Employment Act 1998, with effect from the relevant day; and (b) despite section 151 being employed 25 from the relevant day by the Secretary; and (c) having been so employed on the same terms and conditions as those that applied to him or her immediately 30 before the relevant day as an officer or employee of the Board; and (d) having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public 11 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 9 Act No. Sector Management and Employment Act 1998 that is equivalent to the entitlement that he or she had accrued, as an officer or 5 employee of the Board, immediately before the relevant day. (2) The service of a transferred employee as an employee under Part 3 of the Public Sector Management and Employment Act 1998 is 10 to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant day, as an officer or employee of the Board. 15 (3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Board because of the operation of this section. 20 (4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant day, employed, by virtue of this section, under Part 3 of the Public Sector 25 Management and Employment Act 1998, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. (5) The superannuation entitlements of a 30 transferred employee are to be taken not to be affected by that person becoming a transferred employee. (6) Nothing in this section prevents-- (a) any of the terms and conditions of 35 employment of a transferred employee from being altered by or under any law, 12 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 9 Act No. award or agreement with effect from any time after the relevant day; or (b) a transferred employee from resigning or being dismissed at any time after that 5 commencement in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Sector Management and Employment Act 1998.'. 10 _______________ 13 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 10 Act No. PART 3--ENFORCEMENT 10. Substitution of section 82 For section 82 of the Marine Act 1988 substitute-- 5 "82. Appointment of inspectors (1) The Director may, from time to time, appoint an employee of the Department of Infrastructure or a person engaged by the Director as an inspector for the purposes of 10 this Act. (2) The Director may exercise any of the powers of an inspector. 82A. Inspector's identity card (1) The Director must issue an identity card to 15 each person appointed as an inspector that identifies the person by name as an inspector under this Act. (2) The identity card must contain-- (a) a photograph of the person to whom it 20 is issued; and (b) the signature of the person. (3) If a person's authorisation as an inspector is revoked or expires, he or she must immediately return his or her identity card to 25 the Director. Penalty: 10 penalty units. 14 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 10 Act No. 82B. Production of identity card (1) An inspector must produce his or her identity card for inspection-- (a) before exercising a power under this 5 Part; and (b) at any time during the exercise of a power under this Part, if asked to do so. Penalty: 10 penalty units. (2) Sub-section (1) does not apply if an 10 inspector is exercising-- (a) a power by telephone, radio or other electronic communication device; or (b) a power to board a vessel in circumstances in which it is not 15 practicable to produce his or her identity card for inspection. 82C. Offence to impersonate an inspector A person who is not an inspector must not, in any way, hold himself or herself out to be an 20 inspector. Penalty: 60 penalty units. 82D. Functions of inspectors An inspector must investigate and report to the Director on any of the following that the 25 Director requires-- (a) whether this Act and the regulations, and the conditions of any licence or certificate issued or registration granted by the Director, are being complied 30 with; 15 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 11 Act No. (b) any accident or incident reported to a member of the police force, or at a police station, under section 20(1); (c) any accident or incident reported to the 5 Director under section 20(3) or 20(4); (d) the nature and causes of an alleged accident involving a vessel or of any alleged damage to a vessel; (e) the condition and adequacy of any 10 vessel and its equipment; (f) any other matter that, in the opinion of the Director, should be investigated for the purposes of this Act.". 11. Changes concerning powers of inspectors 15 (1) In section 83 of the Marine Act 1988-- (a) for "making a report" substitute "conducting an investigation under section 82D"; (b) after paragraph (a) insert-- "(aa) if it is necessary to do so to enable the 20 inspector to board or leave a vessel, direct the master of the vessel or the person operating the vessel-- (i) to stop the vessel; or (ii) to manoeuvre the vessel in a 25 specified manner or to a specified place; or (iii) to secure the vessel in a specified manner; and (ab) detain a vessel for so long as is 30 necessary for the purposes of the investigation, up to a maximum period of 48 hours; and 16 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 11 Act No. (ac) if authorised to do so under section 83D, detain a vessel for the period authorised under that section; and 5 (ad) direct the master or owner of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel; and". 10 (2) At the end of section 83 of the Marine Act 1988 insert-- "(2) An inspector may enter any land for the purpose of boarding a vessel (other than land used for residential purposes). 15 (3) An inspector may do all or any of the following on any vessel boarded under sub- section (1)-- (a) search and inspect the vessel; (b) inspect any thing on the vessel; 20 (c) make copies of, or take extracts from, any document; (d) seize any thing on the vessel if the inspector believes on reasonable grounds that it is necessary to seize the 25 thing in order to prevent its concealment, loss or destruction; (e) test any equipment or substance on the vessel; (f) take samples of any substance; 30 (g) take measurements; (h) take any photographs or make any audio, visual or other recordings that he or she considers necessary; 17 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 12 Act No. (i) use any assistants or equipment the inspector considers necessary to exercise the powers conferred by this section.". 5 12. Offences concerning inspectors In section 83A(1) of the Marine Act 1988-- (a) in paragraph (a), for "section 82" substitute "section 82D"; (b) in paragraph (b), for "particular." substitute 10 "particular; or"; (c) after paragraph (b) insert-- "(c) obstruct, hinder, impede or oppose an inspector who is exercising a power given to the inspector by or under this 15 Act, or induce or attempt to induce any other person to do so; or (d) prevent, or attempt to prevent, any other person from assisting an inspector.". 20 13. Insertion of sections 83B83D After section 83A of the Marine Act 1988 insert-- "83B. Requirement to give name and address (1) This section applies if an inspector believes 25 on reasonable grounds that a person has committed an offence against this Act or the regulations. (2) The inspector may ask the person to state his or her name and ordinary place of residence 30 or business. 18 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 13 Act No. (3) In making the request, the inspector must inform the person of the grounds for his or her belief that the person has committed an offence. 5 (4) A person who, in response to the request-- (a) refuses or fails to comply with the request without a reasonable excuse for not doing so; or (b) states a name that is false in a material 10 particular; or (c) states an address other than the full and correct address of his or her ordinary place of residence or business-- is guilty of an offence and liable to a penalty 15 not exceeding 5 penalty units. (5) If a person states a name and address in response to a request made under sub-section (2) and the inspector suspects on reasonable grounds that the stated name or address may 20 be false, the inspector may request the person to produce evidence of the correctness of the name and address. (6) The person must comply with the request, unless he or she has a reasonable excuse for 25 not doing so. Penalty: 5 penalty units. (7) It is not an offence for a person to fail to comply with a request made under sub- section (2) or (5) if the inspector did not 30 inform the person, at the time the request was made, that it is an offence to fail to comply with the request. 19 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 13 Act No. 83C. Identity of vessel owner or master must be disclosed (1) This section applies if an inspector-- (a) needs to establish the identity or 5 location of the owner or master of a vessel for the purposes of an investigation; and (b) asks a person whom the inspector believes has information concerning 10 that identity or location to disclose that information. (2) The person must give the inspector all the information the person has regarding the identity and location of the owner and master 15 of the vessel. Penalty: 5 penalty units. (3) It is not an offence for a person to fail to comply with sub-section (2) if the inspector did not inform the person, at the time the 20 request for the information was made, that it is an offence to fail to comply with the request. 83D. Extension of detention time (1) An inspector may apply to a magistrate for 25 an order extending the period for which a vessel may be detained. (2) The magistrate may make the order if he or she is satisfied that there is reasonable cause to do so. 30 (3) In making an order, the magistrate must specify the period for which the extension applies.". 20 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 14 Act No. 14. Investigations by Director (1) In section 84(1) of the Marine Act 1988, for "The Board or any inspector or person appointed by it for the purpose may make an investigation if the 5 Board" substitute "The Director may conduct an investigation if the Director"; (2) In section 84(1B)(a) of the Marine Act 1988, for "72 hours" substitute "14 days". 15. Insertion of sections 84A84C 10 After section 84 of the Marine Act 1988 insert-- "84A. Extension of suspension pending investigation (1) The Victorian Civil and Administrative Tribunal may extend the period of a 15 suspension imposed-- (a) by the Director under section 84(1B); or (b) by the Tribunal under this section. (2) The Tribunal may only extend the period of 20 a suspension-- (a) on the application of the Director; and (b) if it is satisfied that there is reasonable cause to do so. (3) In extending a period of suspension, the 25 Tribunal must specify the period for which the extension applies. 84B. Action by the Director following investigation (1) On the completion of an investigation under 30 section 84, the Director may, in relation to any person who was given an opportunity to make a defence under that section-- 21 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 15 Act No. (a) take no action; (b) reprimand the person; (c) take action under section 85 to cancel or suspend any certificate, licence or 5 registration held by the person under this Act; (d) impose or vary conditions on any certificate, licence or registration held by the person under this Act; 10 (e) replace any certificate, licence or registration cancelled under section 85 with an authority of a lesser nature; (f) inform any other marine safety authority that has granted a licence, 15 certificate, registration or other authority to the person of any action taken under this section or section 85; (g) recommend to the Director of Public Prosecutions or other relevant law 20 enforcement agency that criminal or other legal proceedings be taken against the person. (2) Within 21 days of determining what action he or she will take in relation to an 25 investigation, the Director must give the person-- (a) a copy of the final investigation report; and (b) written notice of the action. 30 (3) Nothing in sub-section (1) is intended to restrict the Director to doing one thing only, nor to restrict the Director from taking action in relation to only one certificate, licence, registration or other authority. 22 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 15 Act No. 84C. Public release of report (1) At the completion of an investigation under section 84, the Director may make public the report of the investigation or any part of the 5 report. (2) During the course of an investigation under section 84, the Director may make public any findings, interim findings or recommendations arising out of the 10 investigation. (3) However, the Director may only make a report, part of a report, finding or recommendation public if-- (a) in the opinion of the Director, it is in 15 the public interest to do so; and (b) the making public of the report, part, finding or recommendation will not be likely to prejudice the rights of any person in any criminal proceedings that 20 may be instituted in connection with the matter that was investigated.". _______________ 23 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 16 Act No. PART 4--LOCAL AUTHORITIES FOR DESIGNATED PORTS 16. Change to definition and heading (1) In section 3(1) of the Marine Act 1988, in the definition of "local authority"-- 5 (a) in paragraph (b), after "waters;" insert "or"; (b) after paragraph (b) insert-- "(c) a person or body declared under Part 10 to be a local authority for a designated port;". 10 (2) In Part 10 of the Marine Act 1988, for the heading to Division 1 substitute-- "Division 1--Establishment of Designated Ports and Local Authorities". 17. Substitution of section 112 15 For section 112 of the Marine Act 1988 substitute-- "112. Establishment of local authorities for designated ports The Minister may, by Order published in the 20 Government Gazette, declare a person or body that is a committee of management under the Crown Land (Reserves) Act 1978 in respect of Crown land within a designated port to be the local authority for the 25 designated port. 112A. Functions of local authorities (1) A local authority for a designated port has the following functions-- (a) to manage the operations of the port, 30 particularly with respect to shipping and boating activities in the port, with a 24 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. view to ensuring that those operations are carried out safely, efficiently and effectively; (b) to provide, develop and maintain port 5 facilities, including wharves, jetties, slipways, breakwaters, moorings, buildings and vehicle parks; (c) to provide, develop and maintain, in accordance with any relevant standards 10 developed by the Director, navigational aids in the port; (d) to provide, develop and maintain, in accordance with any relevant standards developed by the Director, navigation 15 channels in the port; (e) to manage the operations of the port, and the construction and operation of port facilities and navigation channels in a manner that minimises the risk of 20 environmental damage; (f) to participate in the control of marine and land pollution in the port as a relevant statutory authority under the Victorian component of the National 25 Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances; (g) to allocate and manage moorings and berths in the port; 30 (h) to do anything else in relation to the port that is specified by the Minister in a declaration in an Order published in the Government Gazette. 25 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. (2) The Minister may declare, by Order published in the Government Gazette-- (a) that local authorities are to have additional functions in relation to 5 designated ports; (b) that a particular local authority is to have an additional function in relation to its designated port or to a specified part of its designated port; 10 (c) that a particular local authority is not to have a particular function (including a function referred to in sub-section (1)) in relation to its designated port or to a specified part of its designated port. 15 (3) In making a declaration, the Minister must specify in the declaration the function that is being added or removed. (4) A declaration takes effect on the day after the day the Order is published in the 20 Government Gazette, or on any later date specified in the Order. Division 2--Powers of Local Authorities 112B. General powers of local authorities (1) A local authority may do all things that are 25 necessary or convenient to enable it to carry out its functions under section 112A. (2) Without limiting sub-section (1), a local authority may-- (a) enter into other contracts and 30 agreements (including contracts of indemnity and contracts for the provision of services or facilities); 26 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. (b) employ staff, or engage consultants, contractors or agents. 112C. Delegation A local authority may delegate, in writing, 5 any power conferred on it by or under this Act (other than this power of delegation) to any of its employees. 112D. Charges (1) The local authority for a designated port may 10 impose a charge for the use of any facility in the port. (2) A reference to the use of a facility includes a reference-- (a) to the use of a channel in the port; and 15 (b) to the use of any service provided by the local authority. (3) The amount of a charge imposed under this section in respect of a facility must not exceed the maximum charge (if any) that the 20 regulations state is to be the maximum amount that may be charged by a local authority for the use of such a facility. (4) In imposing a charge under this section, the local authority may-- 25 (a) make allowances for differences in time, place or circumstance relating to the use of the facility for which the charge is being imposed; and (b) may provide for exemptions from the 30 charge in specified circumstances. (5) In imposing a charge, the local authority must specify who is to be liable for paying the charge. 27 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. (6) The local authority must ensure that it does not impose a charge on a person for using a facility unless it gave the person adequate notice of the charge before the person 5 became liable to pay the charge. (7) A charge imposed under this section is a debt due to the local authority by the person who is liable to pay it. (8) A local authority may charge interest at the 10 rate not exceeding the rate fixed under section 3 of the Penalty Interest Rates Act 1983 on any unpaid charge that is due to the local authority. 112E. Dredging 15 Subject to obtaining any permit, consent or other authority required by or under any other Act, the local authority for a designated port may, in carrying out its functions-- (a) alter, dredge, cleanse, scour, straighten 20 and improve the bed and channel of any river or sea-bed in port waters; (b) reduce or remove any banks or shoals within any such river or sea-bed; (c) abate and remove impediments, 25 obstructions and nuisances in, or on the banks and shores of, any such river or sea-bed that are injurious to the river or sea-bed or that obstruct, or that may tend to obstruct, navigation. 30 112F. Other works Subject to obtaining any permit, consent or other authority required by or under any other Act, in carrying out its functions in relation to the provision, development and 28 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. maintenance of port facilities, a local authority for a designated port may-- (a) change the natural or existing condition or topography of land; 5 (b) remove vegetation or topsoil; (c) reclaim or decontaminate land; (d) construct, demolish or substantially alter any structure in or on land; (e) remove, decommission or make safe 10 any existing facility. 112G. Local authority may act as harbour master if there is no harbour master (1) This section applies if there is no harbour master for a designated port. 15 (2) Sections 26D, 26E, 26F, 26G and 26I apply as if a reference in that Part to a harbour master was a reference to the local authority for the port. Division 3--Regulations 20 112H. Regulations (1) The Governor in Council may, with respect to designated ports generally or with respect to a specified designated port, make regulations for or with respect to-- 25 (a) the management of the ports or port; (b) the conduct and behaviour of people within the ports or port, and the conditions on which people may be admitted to, or excluded from, any part 30 of the ports or port; 29 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. (c) traffic co-ordination and the movement and the parking of vehicles within the ports or port; (d) prescribing any other matter or thing 5 authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect with respect to the ports or port. (2) The regulations-- 10 (a) may apply-- (i) at all times or at a specified time; or (ii) throughout the whole of the area of the ports or port or in a 15 specified part of that area only; (b) may differ according to differences in time, place or circumstance; (c) may require a matter affected by the regulations to be-- 20 (i) in accordance with a specified standard or specified requirement; or (ii) approved by, or to the satisfaction of, a specified person or a 25 specified class of person; or (iii) as specified in both sub- paragraphs (i) and (ii); (d) may apply, adopt or incorporate any matter contained in any document 30 whether-- (i) wholly or partially or as amended by the regulations; or 30 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 17 Act No. (ii) as in force at a particular time or as in force from time to time; (e) may confer a discretionary authority or impose a duty on a specified person or 5 a specified class of person; (f) may provide, in a specified case or class of case, for the exemption of people or things from any of the provisions of the regulations, whether 10 unconditionally or on specified conditions, and either wholly or to the extent specified; (g) may impose a penalty not exceeding 5 penalty units for a contravention of 15 the regulations. 112I. Saving of existing local authorities Any local authority for a designated port that was the local authority for that port immediately before the date of 20 commencement of section 17 of the Marine (Further Amendment) Act 2001 is deemed to be the same body despite any changes made to its functions or powers by that section.". 25 _______________ 31 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 18 Act No. PART 5--PROVISIONS CONCERNING POLLUTION 18. Updating of definition In section 3(1) of the Marine Act 1988, in the definition of "Victorian Marine Pollution 5 Contingency Plan"-- (a) after "Sea by Oil" insert "and Other Noxious and Hazardous Substances"; (b) for "compliance with the requirements of the Victorian State Disaster Management Plan" 10 substitute "accordance with the state emergency response plan prepared under Part 3A of the Emergency Management Act 1986". 19. Extension of powers concerning pollution 15 For section 38(1) of the Marine Act 1988 substitute-- "(1) If a prohibited discharge occurs, or is likely to occur, the appropriate authority or any public statutory body may-- 20 (a) do anything necessary to prevent the discharge from occurring; (b) do anything necessary to mitigate the effect the discharge has, or will have, on the marine environment, any marine 25 habitat (including any habitat used for aquaculture) or any marine or other wildlife; (c) remove, disperse, destroy or mitigate the discharge or any thing polluted by 30 the discharge; 32 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 20 Act No. (d) reinstate or restore any land, building, structure or vessel that has been damaged by the discharge.". 20. Additional particular power of the Director 5 In Schedule 4 to the Marine Act 1988, after clause 21 insert-- "21A. To enter into agreements with any person or body concerning the provision of services or facilities in relation to marine pollution incidents.". 10 21. Power of Director concerning pollution (1) In Schedule 4 to the Marine Act 1988, for clause 22 substitute-- "22. To direct-- (a) local authorities, channel operators, port 15 operators (as defined in the Port Services 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 20 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 clause and published in the Government Gazette-- to participate in the Victorian Marine Pollution 25 Contingency Plan by providing and maintaining equipment, training personnel and responding to marine pollution incidents as directed by the Director.". (2) After section 153 of the Marine Act 1988 30 insert-- "154. Saving of existing Orders The substitution of clause 22 of Schedule 4 by section 21(1) of the Marine (Further Amendment) Act 2001 does not affect the 35 validity of any Order made under that clause 33 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 21 Act No. that was in force immediately before the date of commencement of that section.". _______________ 34 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 22 Act No. PART 6--MISCELLANEOUS MATTERS 22. Definitions In section 3(1) of the Marine Act 1988-- (a) the definitions of "coastal waters" and 5 "speed" are repealed; (b) for the definition of "marine infringement" substitute-- ' "marine infringement" means-- (a) a contravention of a specific 10 requirement in a notice published under section 15 (and which is therefore an offence under section 15(3)); (b) any other offence against this Act 15 or the regulations-- prescribed for the purposes of Part 7;'; (c) for the definition of "navigation aid" substitute-- ' "navigation aid" means a device used for 20 navigation, and includes a beacon, buoy, marine mark, light house and light ship, but does not include a device on board a vessel;'; (d) for the definition of "Uniform Shipping 25 Laws Code" substitute-- ' "Uniform Shipping Laws Code" means the Uniform Shipping Laws Code adopted by the Australian Transport Council and notified in the 30 Commonwealth of Australia Gazette;'. 35 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 23 25 Act No. 23. Duty of owner or person in charge if accident occurs (1) After section 20(1) of the Marine Act 1988 insert-- "(1A) If the vessel involved in the accident did not 5 have anyone on board at the time the accident occurred, the owner, or the person in charge, of the vessel must as soon as possible after becoming aware of the accident comply with sub-section (1) as far 10 as circumstances permit.". (2) In sections 20(3) and 20(4) of the Marine Act 1988, for "or fishing vessel" substitute ", fishing vessel or hire and drive vessel". (3) After section 20(4) of the Marine Act 1988 15 insert-- "(5) The Chief Commissioner of Police may disclose to the Director any information in the possession of the Chief Commissioner concerning any accident involving a vessel 20 on State waters or any incident in which any vessel or person is placed at risk of damage or injury.". 24. Assistance to people in distress In section 26(1) of the Marine Act 1988-- 25 (a) for "people on or from any vessel or aircraft are" substitute "any other person in the vicinity of the vessel is"; (b) for "those people" substitute "that other person". 30 25. Evidence of testing and sealing 36 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 Act No. After section 89(5) of the Marine Act 1988 insert-- "(6) A certificate in the prescribed form to the effect that a prescribed speed measuring 5 device has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of 10 evidence to the contrary, proof that the device has been so tested or sealed.". 26. Substitution of section 91 For section 91 of the Marine Act 1988 substitute-- 15 "91. Offence to interfere etc. with navigation aid (1) A person must not, without lawful authority, wilfully or negligently interfere or tamper with, or obstruct the use or operation of, a navigation aid. 20 (2) A person who contravenes sub-section (1) is guilty of an indictable offence and is liable to a penalty not exceeding imprisonment for 10 years or a fine of 1200 penalty units, or both.". 25 27. Substitution of section 92 For section 92 of the Marine Act 1988 substitute-- '92. Offence to obstruct authorised person (1) In this section "authorised person" means 30 the Director, a person appointed, employed or engaged by the Director (other than an inspector) or an officer of a local authority. (2) A person must not-- 37 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 28 Act No. (a) obstruct, hinder, impede or oppose an authorised person who is performing a duty or function, or exercising a power, under this Act or the regulations, or 5 induce or attempt to induce any other person to do so; or (b) prevent or attempt to prevent any other person from assisting an authorised person. 10 Penalty: 20 penalty units.'. 28. Insertion of sections 99A and 99B After section 99 of the Marine Act 1988 insert-- '99A. Order to remove obstructions in navigable waters 15 (1) In this section "obstruction to navigation" means anything in, over or on navigable waters (including a vessel, whether wrecked or not) that-- (a) is a danger to the safe navigation of 20 vessels; or (b) is moored, berthed or placed in contravention of this Act or the regulations-- but does not include anything lawfully 25 erected in, over or on navigable waters. (2) The Director may direct the owner of, or a person responsible for, an obstruction to navigation to remove the obstruction. (3) The direction must be given in writing and 30 must specify by when the obstruction must be removed. (4) The person to whom the direction is given must comply with the direction within the 38 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 28 29 Act No. time specified in the direction, unless the person has a reasonable excuse for not doing so. Penalty: 20 penalty units. 5 99B. Director may remove obstructions to navigation (1) In this section "obstruction to navigation" has the same meaning as it has in section 99A. 10 (2) The Director may remove, or authorise the removal of, any obstruction to navigation. (3) The Director may take action under this section regardless of-- (a) whether or not a direction for the 15 removal of the obstruction has been given under section 99A; or (b) if a direction under section 99A has been given, whether or not the time specified in the direction for 20 compliance with the direction has expired. (4) Action taken under this section may include the removal of the obstruction by its destruction if it is reasonable to do so in the 25 circumstances. (5) The Director may dispose of anything removed under this section. (6) The Director may recover any reasonable costs incurred in taking action under this 30 section as a debt due and payable by the owner of, or the person responsible for, the obstruction.'. 29. Service of documents 39 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 Act No. (1) In section 101(3) of the Marine Act 1988, after "for the vessel" insert "or on the agent for the owner or operator of the vessel". (2) After section 101(3) of the Marine Act 1988 5 insert-- "(4) It is sufficient service for the purposes of this section if the notice, summons or other document is placed in a secure manner, having regard to the circumstances, in a 10 conspicuous position near the controls of the vessel.". 30. Additional regulation-making powers In Schedule 5 to the Marine Act 1988-- (a) after clause 28A insert-- 15 "28B. Requirements to be complied with before a certificate of survey may be granted. 28C. Applying any requirements referred to in clause 28B to government vessels. 28D. The issue of, and the conditions applying to, 20 permits for vessels undergoing sea trials."; (b) after clause 30 insert-- "30A. The use and maintenance of machinery and other equipment that must be installed in vessels. 25 30B. Requirements to ensure that machinery and other equipment that must be installed in vessels is accessible. 30C. Requiring and regulating the installation and use of radios and compasses."; 30 (c) after clause 60G insert-- "60GA. Requirements concerning the disposal of obstructions to navigation removed under section 99B."; (d) after clause 60K insert-- 40 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 30 Act No. "60L. The provision, use and maintenance of navigation lights or shapes. 60M. The provision, use and maintenance of sound signalling devices. 5 60N. The carriage of stability data. 60O. Requiring operators of vessels and passengers to wear or carry safety equipment. 60P. The operation of hire and drive vessels."; (e) after clause 65 insert-- 10 "65A. The refuelling of vessels if passengers are on board. 65B. Prohibiting passengers from doing anything (including smoking) that might create a risk of explosion while a vessel is being refuelled."; 15 (f) after clause 107 insert-- "MISCELLANEOUS 108. The suspension or cancellation of any licence, certificate or registration granted under this Act if the holder of the licence, certificate or 20 registration has used a vessel to commit any offence against any Act or regulations.". _______________ 41 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 31 Act No. PART 7--CONSEQUENTIAL AMENDMENTS 31. Amendments consequential on the abolition of the Marine Board (1) In the Marine Act 1988-- 5 (a) in section 3(1), in the definitions of "licensed harbour master" and "pilotage services provider", for "Board" substitute "Director"; (b) in sections 8(1), 10, 11, 12, 14(1), 15, 16, 20, 20A, 26A(1), 26B, 26D(4), 26E(3), 26H, 10 26J, 26K, 26M, 26N, 26O, 26P, 26R(2)(b), 26S, 28C(4), 38(4), 58, 61BA(4), 66B, 66D, 67, 78, 82, 84, 85, 87, 89, 91A, 92A, 98, 101A, 105(4), 106, 108(1), 116, 117, 118, 119, 120, 121, 122, 125, 127, 128 and 132, 15 for "Board" (wherever occurring) substitute "Director"; (c) for section 13(1)(a) substitute-- "(a) an inspector appointed under section 82; 20 (b) any other person who is authorised by the Director for the purposes of this section;"; (d) insert the following heading to section 15-- "Director may regulate or prohibit 25 operation"; (e) in sections 18, 19, 21, 60(1) and 60(6), for "an officer of the Board who is authorised by the Board" substitute "a person who is authorised by the Director"; 42 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 31 Act No. (f) insert the following heading to section 26P-- "Requirement to notify the Director of changes to registration information"; 5 (g) in section 26S(4), for "it" substitute "the Director"; (h) in section 34(1), in the definition of "appropriate authority", for "Board" substitute "Director". 10 (2) In the Marine Act 1988-- (a) in section 58-- (i) in sub-section (7), for "its opinion" substitute "the opinion of the Director"; 15 (ii) in sub-section (8)-- (A) for "President of the Board" substitute "Director"; (B) for "by it" substitute "by the Director"; 20 (b) sections 64 and 72 to 77 and Division 2 of Part 8 are repealed; (c) in section 66A(1)-- (i) for "Board may" substitute "Minister may"; 25 (ii) for "by the Board" substitute "by the Director"; (d) in section 66A(2)(b), for "Board" substitute "Minister"; 43 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 31 Act No. (e) in section 66B-- (i) in sub-section (1), omit "itself"; (ii) in sub-sections (2) and (3), for "by it" substitute "by the Director"; 5 (f) insert the following heading to section 66C-- "Protection of Director from liability"; (g) in section 66C(1), for "A director of the Board" substitute "The Director"; 10 (h) in section 66C(2)-- (i) for "a director of the Board" substitute "the Director"; (ii) for "director" substitute "Director". (3) In the Marine Act 1988-- 15 (a) in section 78(4), for "it" (wherever occurring) substitute "the Director"; (b) in section 85A, for "an officer of the Board or other person authorised by the Board" substitute "a person authorised by the 20 Director"; (c) in section 87(1)(b), for "officer of the Board who is authorised by the Board" substitute "person who is authorised by the Director"; (d) in section 93-- 25 (i) in sub-section (1), for "an officer of the Board or of a local authority" substitute "a person who is employed or engaged to provide services for the Director or a local authority,"; 44 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 32 Act No. (ii) in section (2), for "An officer of the Board or of a local authority" substitute "A person who is employed or engaged to provide services for the 5 Director or a local authority,"; (e) in section 98(6)(b), for "to it" substitute "to the Director"; (f) insert the following heading to section 119-- 10 "Cancellation, suspension or variation of a licence and revocation of endorsement by the Director"; (g) insert the following heading to section 120-- 15 "Power of Director to require tests to be undergone"; (h) in the heading to Schedule 4, for "BOARD" substitute "DIRECTOR"; (i) in Schedule 4, in clauses 18A and 20, for 20 "Board" (wherever occurring) substitute "Director"; (j) in Schedule 5, in clauses 6, 8, 13, 16, 28, 55, 56, 95, 96, 97, 98, 99, 102, 103 and 106, for "Board" (wherever occurring) substitute 25 "Director". 32. Consequential amendments to other Acts (1) In section 15(1) of the Litter Act 1987-- (a) for "Marine Board of Victoria" substitute "Director of Marine Safety"; 30 (b) after "from a corresponding" insert "person or". 45 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 32 Act No. (2) In section 279(3) of the Melbourne and Metropolitan Board of Works Act 1958-- (a) for "Marine Board of Victoria" substitute "Director of Marine Safety"; 5 (b) for "Marine Board" substitute "Director of Marine Safety". (3) In the Pollution of Waters by Oil and Noxious Substances Act 1986-- (a) in section 3(1), omit the definition of 10 "Marine Board"; (b) in section 37(1)-- (i) for "Marine Board is" substitute "Director of Marine Safety is"; (ii) for "Marine Board may" substitute 15 "Director may". (4) In the Port Services Act 1995-- (a) in section 3-- (i) in the definition of "licensed harbour master", for "Marine Board" substitute 20 "Director of Marine Safety"; (ii) the definition of "Marine Board" is repealed; (b) in sections 21(1), 84, 86(4), 87(3), 90 and 93(1), for "Marine Board" (wherever 25 occurring) substitute "Director of Marine Safety"; (c) section 49(c)(vi) is repealed; (d) in section 55(2), for "Marine Board of Victoria" substitute "Director of Marine 30 Safety"; 46 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 s. 32 Act No. (e) in section 117, in the definition of "designated agency", for paragraph (b) substitute-- "(b) the Director of Marine Safety;". 5 47 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

Marine (Further Amendment) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 48 541235B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001

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