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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Marine (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. New definitions inserted 2
5. New Part 3B inserted 2
PART 3B--PILOTAGE SERVICES 3
Division 1--Registration of pilotage services providers 3
26J. Notification of pilotage services provider 3
26K. Registration as a pilotage service provider 3
26L. Duration of registration 3
26M. Application for renewal of registration 4
26N. Certificates of registration 4
26O. The Register 5
26P. Requirement to notify the Board of changes to
registration information 5
26Q. Records to be kept 6
26R. Offence to provide pilotage services without registration 6
Division 2--Safety standards for provision of pilotage
services 7
26S. Compliance with safety standards 7
26T. Offence to fail to comply with safety standards 8
6. Functions of the Board 9
7. Powers of inspectors 9
8. New section 83A inserted 9
83A. Offence to fail to comply with request of inspector 9
9. Investigations 10
10. Cancellation or suspension of certificates, etc. 11
11. Offence to obstruct 11
12. Penalties for certain offences increased 12
13. Amendment of powers of the Board 12
14. New Schedule 6 inserted 12
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Clause Page
SCHEDULE 6--Safety standards for pilotage services providers 12
NOTES 17
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PARLIAMENT OF VICTORIA
A BILL
to amend the Marine Act 1988 and for other purposes.
Marine (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Marine
Act 1988--
(a) with respect to the provision of pilotage
5 services in port waters, including setting
safety standards for the provision of those
services; and
(b) to extend the Marine Board of Victoria's
powers to investigate and prosecute offences
10 against that Act and the regulations.
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2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
3. Principal Act
No. 52/1988.
5 In this Act, the Marine Act 1988 is called the
Reprint No. 4
Principal Act.
as at
4 February
1999.
4. New definitions inserted
In section 3(1) of the Principal Act insert--
' "pilotage services" means--
10 (a) the service of providing a pilot to
navigate a vessel within, or into or out
of, port waters; or
(b) the service of providing transport and
transfer of a pilot to and from a vessel
15 for which services under paragraph (a)
are required; or
(c) both of the services referred to in
paragraphs (a) and (b);
"pilotage services provider" means a person
20 registered by the Board under Part 3B to
provide pilotage services;'.
5. New Part 3B inserted
After section 26I of the Principal Act insert--
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"PART 3B--PILOTAGE SERVICES
Division 1--Registration of pilotage services
providers
26J. Notification of pilotage services provider
5 (1) A person who proposes to provide pilotage
services must, not less than 30 days before
commencing to provide those services, give
a notice to the Board of the intention to
provide those services.
10 (2) A notice under sub-section (1) must--
(a) be in writing; and
(b) be in a form approved by the Board;
and
(c) be accompanied by a fee of $135.
15 (3) A person lawfully providing pilotage
services before the commencement of the
Marine (Amendment) Act 1999 and who
intends to continue to provide those services
after that commencement may give a notice
20 in accordance with sub-section (2) to the
Board not less than 30 days after that
commencement.
26K. Registration as a pilotage service provider
The Board, on receiving a notice from a
25 person under section 26J and the fee
specified in that section, must register the
person as a pilotage services provider.
26L. Duration of registration
The registration of a pilotage services
30 provider--
(a) takes effect at the time of issue of a
certificate under section 26N; and
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(b) is valid for one year unless suspended
or cancelled sooner.
26M. Application for renewal of registration
(1) A pilotage services provider may apply to
5 the Board for renewal of registration as a
pilotage services provider before the existing
registration of the provider expires.
(2) An application for renewal of registration
must--
10 (a) be in writing; and
(b) be in a form approved by the Board;
and
(c) be accompanied by a fee of $90.
(3) The Board, on receiving from a person an
15 application under sub-section (2) and the fee
specified in that sub-section, must renew the
registration of the person as a pilotage
services provider.
26N. Certificates of registration
20 (1) The Board on--
(a) registering a person under this Part; or
(b) renewing the registration of a person
under this Part--
must issue a certificate of registration to that
25 person.
(2) The following particulars must be included
on a certificate of registration--
(a) any alternative safety standards
approved by the Board under section
30 26S; and
(b) any other information determined by
the Board.
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26O. The Register
(1) The Board must cause to be kept a register of
all pilotage services providers.
(2) The register is to be called the Register of
5 Pilotage Services Providers.
(3) The register must contain the following
information--
(a) the name and address of the pilotage
services provider; and
10 (b) the name and identification number of
any vessel to be used in connection
with the provision pilotage services;
and
(c) the date of commencement of provision
15 of pilotage services by the provider;
and
(d) the name and licence number of each
pilot employed or engaged by the
provider, or if the provider holds a pilot
20 licence, the number of that licence; and
(e) details of arrangements by the provider
to transport pilots other than by vessel;
and
(f) any other information determined by
25 the Board to be included in the register.
(4) The register may be inspected at the office of
the Board by any person during ordinary
office hours without charge.
(5) A person may obtain a copy of, or an extract
30 from, the register on payment of a fee of $20.
26P. Requirement to notify the Board of changes
to registration information
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A pilotage services provider must notify the
Board within 14 days after any change to
information recorded in a certificate of
registration.
5 Penalty: 5 penalty units.
26Q. Records to be kept
A pilotage services provider must keep
records containing the following
information--
10 (a) the name and licence number of each
pilot employed or engaged by the
provider, or if the provider holds a pilot
licence, the number of that licence; and
(b) the number of hours worked by each
15 pilot in any period of 24 hours,
indicating the starting and finishing
times for work and rest; and
(c) the annual recreation leave taken by
each pilot.
20 Penalty: 20 penalty units.
26R. Offence to provide pilotage services without
registration
(1) A person must not provide pilotage services
unless that person is, or is employed or
25 engaged by, a registered pilotage services
provider under this Part.
Penalty: In the case of a natural person:
20 penalty units.
In the case of a body corporate:
30 60 penalty units.
(2) A person referred to in section 26J(3) who--
(a) continues to provide pilotage services
in the 30 day period after the
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commencement of the Marine
(Amendment) Act 1999; and
(b) has given a notice to the Board in
accordance with section 26J(2) within
5 that period--
is not guilty of an offence under this section
in respect of the provision of pilotage
services at any time before the issue of a
certificate of registration in response to that
10 notice.
Division 2--Safety standards for provision of
pilotage services
26S. Compliance with safety standards
(1) The safety standards for pilotage services
15 providers are set out in Schedule 6.
(2) The Board, on the application of a person
registered or seeking to be registered as a
pilotage services provider, may approve
appropriate alternative safety standards for
20 the provider if the Board decides that--
(a) the alternative safety standards
substantially comply with the
corresponding standards in Schedule 6;
or
25 (b) the alternative safety standards
adequately achieve the purpose of the
corresponding standards in Schedule 6;
or
(c) compliance with the safety standards in
30 Schedule 6 would, in particular
circumstances, be impracticable,
unnecessary or inappropriate.
(3) Alternative safety standards may--
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(a) modify the application to a pilotage
services provider of the standards in
Schedule 6; or
(b) exempt a provider from any one or
5 more of the standards in Schedule 6; or
(c) specify a standard in substitution for a
standard in Schedule 6.
(4) If the Board approves alternative safety
standards, it may limit the port waters within
10 which the pilotage services provider to
whom the standards apply may operate.
(5) The following are conditions of the
registration of the pilotage services
provider--
15 (a) the standards set out in Schedule 6; and
(b) any alternative safety standards
approved by the Board under this
section; and
(c) any limitation imposed by the Board
20 under sub-section (4).
(6) Nothing in this section derogates from any
requirement imposed on a pilotage services
provider to comply with any obligations or
duties imposed under this Act, the
25 regulations or any other standards in relation
to vessels, equipment or any other matter.
26T. Offence to fail to comply with safety
standards
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A pilotage services provider must comply
with the safety standards applicable to the
provider.
Penalty: 60 penalty units.".
5 6. Functions of the Board
After section 65(g) of the Principal Act insert--
"(ga) to register pilotage services providers; and
(gb) to approve appropriate alternative safety
standards for the provision of pilotage
10 services by pilotage services providers;".
7. Powers of inspectors
(1) In section 82(2)(b) of the Principal Act, after
"issued" insert "or registration granted".
(2) In section 83 of the Principal Act, at the end of
15 paragraph (b) insert--
"; and
(c) request a person to give any information or
require a person to produce any document in
relation to a matter referred to in section
20 82(2).".
8. New section 83A inserted
After section 83 of the Principal Act insert--
"83A. Offence to fail to comply with request of
inspector
25 (1) A person must not--
(a) without reasonable excuse, refuse or
fail to comply with a request or
requirement made by an inspector in
the course of conducting an
30 investigation under section 82; or
(b) give information to an inspector under
section 83 that the person knows to be
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s. 9
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false or misleading in a material
particular.
Penalty: 10 penalty units.
(2) It is a reasonable excuse for a natural person
5 to refuse or fail to give information, produce
a document or do any other thing that the
person is required to do by or under section
83 if the giving of the information, the
production of the document or the doing of
10 that other thing would tend to incriminate the
person.".
9. Investigations
(1) In section 84(1)(b) of the Principal Act, after
"harbour master" insert ", pilotage services
15 provider".
(2) After section 84(1) of the Principal Act insert--
"(1A) The Board, for the purposes of conducting an
investigation, may require--
(a) a vessel to remain in port waters for a
20 period not exceeding 24 hours; and
(b) a person to give written or oral
information to the Board; and
(c) a person to produce to the Board any
documents relevant to the investigation.
25 (1B) If the Board commences an investigation
under this section, the Board--
(a) may suspend a licence or certificate
issued or registration granted under this
Act for a period not exceeding
30 72 hours; and
(b) must notify the person holding the
licence or certificate or registered under
this Act that the licence, certificate or
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s. 10
11
Act No.
registration has been suspended for the
period specified in the notice.".
(3) In section 84(2) of the Principal Act, for
"certificate or licence" substitute "certificate,
5 licence or registration".
10. Cancellation or suspension of certificates, etc.
In section 85 of the Principal Act--
(a) in sub-section (2), after "issued" insert "or
registration granted";
10 (b) in sub-sections (3) and (3A) for "certificate
or licence" substitute "certificate, licence or
registration";
(c) in sub-section (4)--
(i) for "certificate or licence" (where first
15 occurring) substitute "certificate,
licence or registration";
(ii) for "certificate or licence was issued by
the Board" substitute "certificate or
licence was issued or registration was
20 granted by the Board";
(iii) after "certificate or licence" (where
thirdly occurring) insert "or certificate
of registration";
(iv) in paragraph (b)(ii), for "certificate or
25 licence" substitute "certificate, licence
or registration".
11. Offence to obstruct
In section 92 of the Principal Act--
(a) after "authority" insert "or an inspector";
30 (b) after "officer" (where secondly occurring)
insert "or inspector".
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12. Penalties for certain offences increased
In the Principal Act--
(a) in section 94, in the penalty set out at the
foot of sub-sections (1), (2) and (3), for
5 "10 penalty units" substitute "60 penalty
units";
(b) in section 95, for "20 penalty units"
substitute "100 penalty units";
(c) in the penalty set out at the foot of section
10 96(1), for "10 penalty units" substitute
"100 penalty units".
13. Amendment of powers of the Board
(1) After clause 8 of Schedule 4 to the Principal Act
insert--
15 "8AA. To impose conditions on licences of pilots or pilot
exempt masters and to vary any conditions so
imposed.".
(2) After clause 8B of Schedule 4 to the Principal Act
insert--
20 "PILOTAGE SERVICES PROVIDERS
8C. To register or renew the registration of pilotage
services providers.
8D. To issue certificates of registration to pilotage
services providers.
25 8E. To cancel or suspend registration of pilotage services
providers.
8F. To inspect vessels and equipment of pilotage service
providers to ensure compliance with safety
standards.".
30 14. New Schedule 6 inserted
After Schedule 5 to the Principal Act insert--
'SCHEDULE 6
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SAFETY STANDARDS FOR PILOTAGE
SERVICES PROVIDERS
DEFINITIONS
In this Schedule--
5 "pilot vessel" means a vessel transporting or
transferring a pilot to and from a vessel for
which services provided by a pilot are required;
"transfer deck" means the area of the pilot vessel's
deck used for embarkation and disembarkation
10 of a pilot;
"navigation position" means the position on a pilot
vessel from which the vessel is controlled and
navigated.
VISIBILITY
15 1. The transfer deck of the pilot vessel shall be clearly
visible from the navigation position.
2. The overboard recovery position on a pilot vessel's
deck shall permit visibility of the sea 1 metre from the
side of the pilot vessel on which the overboard
20 recovery position is located.
3. The navigation position shall permit clear observation
of the embarkation and disembarkation of a pilot and
the overboard recovery position of the pilot vessel.
WORKING DECKS
25 4. The transfer deck of the pilot vessel shall be not less
than 1 square metre and shall be clear of obstructions.
5. The transfer deck of the pilot vessel shall be provided
with inboard guardrails capable of withstanding a
load of 12 kilonewtons (in both a horizontal and
30 vertical direction) that will provide a secure holding
point for the pilot and a crew member of the pilot
vessel. The provision of such guardrails shall not
impede or in any way interfere with the transfer of the
pilot to and from the pilot ladder provided by the
35 vessel to be piloted.
6. A non-skid deck area not less than 30 centimetres in
width and a rigid horizontal safety rail, with harness
carriage, preformed to follow the shape of the pilot
vessel's wheelhouse or cabin shall be provided
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between the wheelhouse or cabin of the pilot vessel
and the transfer deck. The safety rail and harness
carriage shall be capable of withstanding a load of
12 kilonewtons in both a horizontal and vertical
5 direction.
EQUIPMENT
7. In addition to equipment required by the regulations
according to the vessel's class, the pilot vessel shall
also be equipped with the following--
10 (a) a means of attaching to the vessel a safety
harness that is capable of withstanding a load
of 12 kilonewtons in both a horizontal and
vertical direction;
(b) a VHF radio with marine bands;
15 (c) a loud hailer;
(d) a searchlight with a minimum of one-million
candela and which is capable of illuminating
the surface of the sea in all directions up to
100 metres from the pilot vessel;
20 (e) a means of illuminating the surface of the sea
within 5 metres of the pilot vessel of not less
than 200 lux; and
(f) a rescue crook or boat hook of sufficient length
to pull an unconscious person in the sea to a
25 position immediately below the vessel's
overboard recovery position; and
(g) a manual or mechanical means for lifting an
unconscious person from the water and which
is capable of lifting on board a person with a
30 mass of 150 kilograms from a floating position
below the vessel's overboard recovery position
in not less than 5 minutes in calm conditions.
PERSON OVERBOARD RECOVERY
8. The overboard recovery position of the pilot vessel's
35 deck shall be not less than 2 square metres and shall
be clear of obstructions.
9. The entrance to the wheelhouse or cabin of the pilot
vessel shall have a clear width of at least
600 millimetres to allow a person to be carried
40 through on a stretcher.
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PILOT VESSEL MARKING
10. The word "PILOT" shall be clearly marked on both
sides of the pilot vessel in letters not less than
30 centimetres high.
5 PERSONAL EQUIPMENT
11. A pilot on duty shall be provided with a personal
flotation device that meets Australian Standard
AS 1512 (Personal Flotation Devices--Type 1) and a
safety harness that meets Australian Standard
10 AS 2227 (Yachting Harnesses and Lines--
Conventional Lines).
12. A crew member working outside the wheelhouse or
cabin of a pilot vessel shall be provided with a
personal flotation device that meets Australian
15 Standard AS 1512 and a safety harness that meets
Australian Standard AS 2227.
PILOT TRANSFER BY MEANS OTHER THAN VESSEL
13. All arrangements, equipment, instructions and
training in respect of the transfer of pilots to and from
20 a vessel by means other than a pilot vessel shall
comply with the Australian Code of Safe Practice for
Ship Helicopter Transfers, published from time to
time by the Australian Maritime Safety Authority
(AMSA).
25 FATIGUE MANAGEMENT
14. A pilot fatigue management system incorporating the
following requirements shall be in place--
(a) in any 24 hour period, a pilot provided by a
pilotage services provider must not work more
30 than 14 hours and must rest for no less than
10 hours during that period. The rest period
may be divided into not more than two periods,
one of which shall be a continuous period of at
least 6 hours; and
35 (b) in any 14 day period, a pilot provided by the
provider must not work more than 144 hours
and must rest for no less than 192 hours during
that period, which rest period must include a
continuous period of at least 48 hours or two
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continuous periods each of at least 24 hours;
and
(c) in any 12 months period, a pilot provided by
the provider must take not less than 4 weeks
5 recreation leave, including one continuous
period of at least 2 weeks.'.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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