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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Marine (Hire and Drive Vessels) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Extension of inspection power 3
5. Insertion of definitions into Part 10A 3
6. Insertion of sections 115A and 115B 4
115A. Offence to operate certain classes of hire and drive
vessels without a licence 4
115B. Offence for person between 12 and 16 years of age to
operate engine powered hire and drive vessel without
licence 5
7. Consequential amendments 6
8. Repeal of redundant provision 7
9. Insertion of Division 5A into Part 10A 7
Division 5A--Hire and Drive Vessel Licensing Offences 7
134A. Offence of failing to comply with the conditions of the
licence 7
134B. Offence for overseas or interstate operator to fail to
comply with the conditions of the licence or certificate 7
134C. Offence to operate hire and drive vessel for recreational
purposes while disqualified etc. 8
134D. Offence not to have operator licence in person's
possession 9
134E. Offence to allow a non-licensed person to operate a
vessel 9
10. Additional regulation making powers 11
ENDNOTES 12
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541236B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 October 2001
A BILL
to amend the Marine Act 1988 with respect to hire and drive vessels
and for other purposes.
Marine (Hire and Drive Vessels) Act
2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Marine Act 1988--
(a) to require the operators of some hire and
5 drive vessels to hold an operator licence; and
(b) to provide specific regulation-making
powers in relation to the operation and use of
hire and drive vessels.
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Marine (Hire and Drive Vessels) Act 2001
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Act No.
2. Commencement
(1) This section and sections 1, 8 and 10 come into
operation on the day after the day on which this
Act receives the Royal Assent.
5 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 April 2002, it comes into
10 operation on that day.
3. Definitions
See Act No.
(1) In section 3(1) of the Marine Act 1988-- 52/1988.
Reprint No. 4
(a) in the definition of "prescribed concentration as at
of blood alcohol", in paragraph (a), after 4 February
1999.
15 "regulated recreational vessel" insert "or See also
regulated hire and drive vessel"; Act Nos
28/1999,
(b) after the definition of "registered medical 14/2000,
74/2000,
practitioner" insert-- 93/2000 (as
amended by
' "regulated hire and drive vessel" 23/2001),
20 means-- 11/2001,
23/2001 and
44/2001.
(a) a hire and drive personal LawToday:
watercraft, within the meaning of www.dms.
dpc.vic.
Part 10A; or
gov.au
(b) a specialised hire and drive vessel,
25 within the meaning of Part 10A;'.
(2) For section 3(2) of the Marine Act 1988
substitute--
"(2) A reference to an engine in this Act or the
regulations does not include a reference to a
30 sail, paddle, oar, pedal or any other means of
propelling a vessel that relies solely on the
wind or physical human activity as a power
source.".
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4. Extension of inspection power
(1) In section 19(4) of the Marine Act 1988--
(a) in paragraph (d), for "exemption--"
substitute "exemption; or";
5 (b) after paragraph (d) insert--
"(e) fail to produce any other document that
the operator of the vessel is required by
this Act or the regulations to have in his
or her possession while operating the
10 vessel; or
(f) fail to allow inspection of any
document that is required by the
regulations to be displayed in or on the
vessel--".
15 (2) After section 19(4) of the Marine Act 1988
insert--
"(5) Sub-sections (4)(c), (4)(d), (4)(e) and (4)(f)
do not apply if the licence, certificate,
exemption or other document is not on the
20 vessel at the time the request for its
production is made.".
5. Insertion of definitions into Part 10A
(1) In section 113 of the Marine Act 1988 insert the
following definitions--
25 ' "hire and drive personal watercraft" means a
vessel that is a hire and drive vessel and that
is of a kind that is required, by or under this
Act, to be registered and that--
(a) has an engine that is used for
30 propulsion; and
(b) has a fully enclosed hull; and
(c) does not retain water on it if it capsizes;
and
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(d) is designed to be operated by a person
standing, sitting astride or kneeling on
the vessel, but not seated within the
vessel;
5 "specialised hire and drive vessel" means--
(a) a hire and drive vessel that has an
engine that is able to propel the vessel
at a speed of 10 knots or more; or
(b) a vessel that falls within any other class
10 of hire and drive vessel specified by the
regulations for the purposes of this
paragraph--
but does not include a hire and drive
personal watercraft.'.
15 (2) In section 113 of the Marine Act 1988, in the
definition of "personal watercraft", for
paragraph (a) substitute--
"(a) has an engine that is used for propulsion;
and".
20 6. Insertion of sections 115A and 115B
After section 115 of the Marine Act 1988
insert--
"115A. Offence to operate certain classes of hire
and drive vessels without a licence
25 (1) A person must not operate a specialised hire
and drive vessel unless--
(a) the person is the holder of a licence
issued under this Part that authorises
the person to operate a recreational
30 vessel that has the physical
characteristics of the specialised hire
and drive vessel; and
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(b) the person operates the vessel under
and in accordance with the licence as if
the vessel was a recreational vessel.
Penalty: 8 penalty units.
5 (2) A person must not operate a hire and drive
personal watercraft unless--
(a) the person is the holder of a licence
issued under this Part that--
(i) authorises the person to operate a
10 general recreational vessel; and
(ii) is endorsed to authorise the person
to operate a personal watercraft;
and
(b) the person operates the hire and drive
15 personal watercraft under and in
accordance with the licence and
endorsement as if the hire and drive
personal watercraft was a recreational
vessel.
20 Penalty: 10 penalty units.
115B. Offence for person between 12 and 16 years
of age to operate engine powered hire and
drive vessel without licence
A person who is of or over the age of
25 12 years, and less than 16 years of age, must
not operate a hire and drive vessel that has
an engine that is used for propulsion, but that
is not a regulated hire and drive vessel,
unless--
30 (a) the person is the holder of a restricted
operator licence issued under this Part
that authorises the person to operate a
recreational vessel having the physical
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characteristics of the hire and drive
vessel; and
(b) the person operates the vessel under
and in accordance with the licence as if
5 the vessel was a recreational vessel.
Penalty: 8 penalty units.".
7. Consequential amendments
(1) In sections 22(3), 28A(1), 28A(2), 28C(1),
31A(2A), 61BA(1), 61BA(2) and 149(c) of the
10 Marine Act 1988, after "regulated recreational
vessel" insert "or a regulated hire and drive
vessel".
(2) In section 61BA(2)(a) of the Marine Act 1988,
after "section 115" insert ",115A or 115B".
15 (3) For the heading to Part 10A of the Marine Act
1988 substitute--
"PART 10A--OPERATION OF
RECREATIONAL VESSELS AND HIRE
AND DRIVE VESSELS".
20 (4) In sections 121(1) and 121(5) of the Marine Act
1988 omit "regulated recreational".
(5) After section 121(6) of the Marine Act 1988
insert--
'(7) In this section "vessel" means--
25 (a) a regulated recreational vessel; or
(b) a regulated hire and drive vessel.'.
(6) In the heading to Division 5 of Part 10A of the
Marine Act 1988, for "Operator" substitute
"Recreational Vessel".
30 (7) In section 135(a) of the Marine Act 1988, after
"vessel" insert "or a specialised hire and drive
vessel".
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8. Repeal of redundant provision
Section 131(2) of the Marine Act 1988 is
repealed.
9. Insertion of Division 5A into Part 10A
5 After section 134 of the Marine Act 1988
insert--
"Division 5A--Hire and Drive Vessel Licensing
Offences
134A. Offence of failing to comply with the
10 conditions of the licence
(1) A person must not operate a specialised hire
and drive vessel in breach of any condition
of the person's operator licence that would
apply to the vessel if the vessel was a general
15 recreational vessel.
Penalty: 8 penalty units.
(2) A person must not operate a hire and drive
personal watercraft in breach of any
condition of the person's personal watercraft
20 endorsement or endorsed licence that would
apply to the watercraft if the watercraft was a
recreational vessel.
Penalty: 10 penalty units.
134B. Offence for overseas or interstate operator
25 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 115A or 115B because he or she
30 holds an appropriate licence or certificate
issued in another State, Territory or country,
must not operate a regulated hire and drive
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vessel in breach of any condition of that
licence or certificate.
Penalty: 8 penalty units.
134C. Offence to operate hire and drive vessel for
5 recreational purposes while disqualified etc.
(1) A person must not operate for recreational
purposes a hire and drive vessel that has an
engine that is used for propulsion while any
operator licence granted to him or her is
10 suspended or during a period of
disqualification from obtaining such a
licence.
Penalty: For a first offence, 10 penalty
units;
15 For a subsequent offence,
30 penalty units.
(2) A reference to an operator licence in sub-
section (1) includes a reference to an
appropriate licence or certificate issued in
20 another State, Territory or country if the
suspension of the certificate or licence, or the
period of disqualification applying in respect
of the certificate or licence, was imposed as
a result of circumstances that, had they
25 occurred in Victoria in relation to an
operator licence, would have been likely to
result in the imposition of a similar
suspension or period of disqualification.
(3) A person must not operate for recreational
30 purposes a hire and drive vessel that has an
engine that is used for propulsion if--
(a) the person held an operator licence; and
(b) the licence was cancelled because of
any illness or bodily infirmity, defect or
35 incapacity of the person or because of
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the effects of treatment for any of those
things.
Penalty: For a first offence, 10 penalty
units;
5 For a subsequent offence,
30 penalty units.
(4) Sub-section (3) does not apply if the person
has--
(a) an operator licence that is in effect; or
10 (b) a certificate dated after the date of the
cancellation signed by a registered
medical practitioner stating--
(i) that any illness or bodily
infirmity, defect or incapacity or
15 treatment effects that existed at
the time that the licence was
cancelled no longer exists; and
(ii) that there is no medical reason
why the person cannot hold an
20 operator licence.
134D. 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
25 while operating a regulated hire and drive
vessel.
Penalty: 2 penalty units.
134E. Offence to allow a non-licensed person to
operate a vessel
30 (1) The owner of a specialised hire and drive
vessel must not let the vessel to a person for
hire or reward or for any other consideration
unless that person is the holder of an
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operator licence which authorises that person
to operate a general recreational vessel
having the physical characteristics of the hire
and drive vessel.
5 Penalty: 8 penalty units.
(2) The owner of a hire and drive personal
watercraft must not let the vessel to a person
for hire or reward or for any other
consideration unless that person is the holder
10 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.
15 (3) The owner of a hire and drive vessel that has
an engine that is used for propulsion, but that
is not a regulated hire and drive vessel, must
not let the vessel to a person who is of or
over the age of 12 years, and less than 16
20 years of age, for hire or reward or for any
other consideration unless that person is the
holder of a restricted operator licence issued
under this Part that authorises that person to
operate a recreational vessel having the
25 physical characteristics of the hire and drive
vessel.
Penalty: 8 penalty units.
(4) It is a defence to a charge under this section
if the owner reasonably believes that the
30 operator held the appropriate licence which
has (where the case so requires) the
appropriate endorsement.".
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10. Additional regulation making powers
In Schedule 5 to the Marine Act 1988, after
clause 81 insert--
"HIRE AND DRIVE VESSELS
5 81A. The operation and use of hire and drive vessels.
81B. Requiring specified information to be given to the
operators of hire and drive vessels and specifying the
manner in which the information is to be given.
81C. Requiring the creation and retention of documentary
10 evidence that any information required by the
regulations has been given.
81D. Requiring the operators of hire and drive vessels to
operate the vessels in accordance with any conditions
or restrictions specified in the regulations and to have
15 any documents required by the regulations in their
possession while operating the vessels.
81E. Requiring the creation, maintenance and retention of
documents relating to safety or the handling of
emergencies.
20 81F. Making provision for the audit of any documents
required by the regulations.
81G. Requiring the display of specified information in or
on hire and drive vessels.
81H. Making the issue of a certificate of survey in relation
25 to a hire and drive vessel conditional on the approval
of any documents required by the regulations relating
to safety or the handling of emergencies.
81I. Requiring the operators of hire and drive vessels to
provide information to the owners (or agents of the
30 owners) of hire and drive vessels concerning any
operator licences they hold or have held.".
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Marine (Hire and Drive Vessels) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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