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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Marine (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Underage operators 3
5. Offence not to produce operator licence on demand 3
6. Substitution of section 22 3
22. Dangerous operating 3
22A. Careless operation 4
7. Interpretation--offences involving alcohol or drugs 5
8. Blood alcohol concentration to be recorded on conviction 5
9. Insertion of new sections 28A to 28D 6
28A. Provisions about cancellation and disqualification 6
28B. Previous convictions 8
28C. Immediate suspension of operator licence in certain
circumstances 8
28D. Appeal to court against suspension of operator licence 9
10. Disqualification of operator licence for conviction for refusal to
allow taking of blood sample 10
11. Evidentiary provisions--blood tests 11
12. Infringement notices--extension of time to object 11
13. Insertion of new section 61BA 12
61BA. Suspension of operator licence for drink-operator
infringements 12
14. Functions of the Marine Board 14
15. Delegation 14
16. Cancellation of certain licences 14
17. Insertion of new section 86A 15
86A. Police power to move vessel or require vessel to be
moved 15
18. Insertion of new section 89A 15
89A. Obtaining licence etc. by false statements 15
19. Insertion of new section 101A 16
101A. Disclosure of Information 16
20. Insertion of new section 107AA 17
107AA. Supreme Court--limitation of jurisdiction 17
21. Fees or amounts for safety and education programs 17
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Clause Page
22. Insertion of new Part 10A 18
PART 10A--LICENSING OF OPERATORS OF
RECREATIONAL VESSELS 18
Division 1--Preliminary 18
113. Definitions 18
114. Purposes of licensing 19
Division 2--Offences for unlicensed operators of certain
classes of recreational vessels 20
115. Offence to operate certain classes of recreational vessel
without a licence 20
Division 3--General licensing provisions 20
116. General operator licence 20
117. Restricted operator licence 22
118. Personal watercraft endorsement 23
119. Cancellation, suspension or variation of a licence and
revocation of endorsement by the Board 25
120. Power of Board to require tests to be undergone 26
121. Power of court to cancel, suspend or vary licences 26
122. Effect of suspension of licence 28
123. Disqualified person must not apply for licence 28
Division 4--Rights of appeal against licensing decisions 28
124. Definition 28
125. Appeal to Magistrates' Court 28
126. Appeal to County Court 30
127. Board to notify affected person of right to appeal 30
128. Time for lodging appeal 31
Division 5--Operator Licensing Offences 31
129. Offence of failing to comply with the conditions of the
licence 31
130. Offence for overseas or interstate operator to fail to
comply with the conditions of the licence or certificate 32
131. Offence to operate a regulated recreational vessel while
disqualified etc. 32
132. Cancellation of registration by court 33
133. Offence not to have operator licence in person's
possession 34
134. Offence to allow a non-licensed person to operate a
vessel 34
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Clause Page
Division 6--Transitional provision 34
135. Application of Part 34
23. Insertion of new Division 2 of Part 11 35
Division 2--Transitional Provision--Marine (Amendment)
Act 2000 35
149. Transitional provision--Interstate licences 35
24. Subject matter for regulations 36
25. Further amendments to the Marine Act 1988 36
__________________
SCHEDULE 37
ENDNOTES 39
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to amend the Marine Act 1988 to provide for the licensing of
operators of recreational vessels and for other purposes.
Marine (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Marine
Act 1988--
(a) to make provision for the licensing of
5 operators of registered recreational vessels;
and
(b) to make other necessary amendments.
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2. Commencement
(1) Subject to sub-section (2), the provisions of this
Act come into operation on a day or days to be
proclaimed.
5 (2) If a provision referred to in sub-section (1) does
not come into operation before 1 February 2002, it
comes into operation on that day.
See:
3. Definitions Act No.
52/1988.
In section 3(1) of the Marine Act 1988-- Reprint No. 4
as at
10 (a) insert the following definitions-- 4 February
1999
' "operator licence" means-- and
amending
(a) a general operator licence under Act Nos
28/1999 and
section 116(1); or 14/2000.
LawToday:
(b) a restricted operator licence under www.dms.
15 section 117(1); dpc.vic.
gov.au
"regulated recreational vessel" means a
vessel of either of the following
classes--
(a) a general recreational vessel,
20 within the meaning of Part 10A;
(b) a personal watercraft, within the
meaning of Part 10A;';
(b) for the definition of "prescribed
concentration of alcohol" substitute--
25 ' "prescribed concentration of blood
alcohol" means--
(a) in the case of a person who is
under the age of 21 years and who
is in charge of a regulated
30 recreational vessel under way, a
concentration of alcohol present in
the blood of that person of
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0·00 grams per 100 millilitres of
blood; and
(b) in the case of any other person, a
concentration of alcohol present in
5 the blood of that person of
0·05 grams per 100 millilitres of
blood;'.
4. Underage operators
In section 17 of the Marine Act 1988, sub-section
10 (2) is repealed.
5. Offence not to produce operator licence on demand
In section 19(4) of the Marine Act 1988, after
paragraph (b) insert--
"; or
15 "(c) fail to produce an operator licence, if such a
licence is required to operate the vessel; or
(d) fail to produce a certificate, licence or
exemption issued under the regulations,
while operating a vessel covered by that
20 certificate, licence or exemption--".
6. Substitution of section 22
For section 22 of the Marine Act 1988
substitute--
"22. Dangerous operating
25 (1) A person must not operate a vessel at a speed
or in a manner which is dangerous to the
public, having regard to all the
circumstances of the case.
Penalty: 240 penalty units or imprisonment
30 for 2 years.
(2) Sub-section (1) does not apply to a person
who is complying with section 26.
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(3) On conviction for an offence under this
section involving a regulated recreational
vessel, the court must--
(a) in the case of an offender who holds an
5 operator licence, cancel that licence and
disqualify the offender from obtaining
an operator licence for the time (not
being less than 6 months) that the court
thinks fit; or
10 (b) in the case of an offender who does not
hold an operator licence, disqualify the
offender from obtaining an operator
licence for the time (not being less than
6 months) that the court thinks fit.
15 (4) If on a prosecution for an offence under this
section the court is not satisfied that the
defendant is guilty of that offence but is
satisfied that the defendant is guilty of an
offence against section 22A, the court may
20 convict the defendant of an offence against
section 22A and punish the defendant
accordingly.
22A. Careless operation
(1) A person must not operate a vessel
25 carelessly.
Penalty: 12 penalty units for a first offence.
25 penalty units for a second or
subsequent offence.
(2) Sub-section (1) does not apply to a person
30 who is complying with section 26.".
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7. Interpretation--offences involving alcohol or drugs
In section 27 of the Marine Act 1988, after sub-
section (1) insert--
"(1AA) For the purposes of this Part a person is not
5 to be taken to be in charge of a vessel unless
that person is attempting to start or operate
the vessel or unless there are reasonable
grounds for the belief that that person
intends to start or operate the vessel.".
10 8. Blood alcohol concentration to be recorded on
conviction
In section 28 of the Marine Act 1988, after sub-
section (7) insert--
"(8) On convicting a person, or finding a person
15 guilty, of an offence under sub-section (1)
the court must cause to be entered in the
records of the court--
(a) in the case of an offence under sub-
section (1)(b), the level of
20 concentration of alcohol found to be
present in that person's blood; and
(b) in the case of an offence under sub-
section (1)(e), the level of
concentration of alcohol found to be
25 recorded or shown by the breath
analysing instrument; and
(c) in the case of an offence under sub-
section (1)(f), the level of concentration
of alcohol found to be present in the
30 sample of blood.".
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9. Insertion of new sections 28A to 28D
After section 28 of the Marine Act 1988 insert--
'28A. Provisions about cancellation and
disqualification
5 (1) On convicting a person, or finding a person
guilty, of an offence under section 28(1)(b),
(e) or (f) involving a regulated recreational
vessel, the court must--
(a) for a first offence--
10 (i) in the case of an offender who is
the holder of an operator licence,
suspend the licence for a period of
6 months; or
(ii) in the case of an offender who is
15 not the holder of an operator
licence, disqualify that person
from obtaining an operator licence
for a period of 6 months; or
(b) for a second or subsequent offence--
20 (i) in the case of an offender who is
the holder of an operator licence,
cancel the licence and disqualify
the person from obtaining an
operator licence for the time that
25 the court thinks fit (not being less
than 12 months); or
(ii) in the case of an offender who is
not the holder of an operator
licence, disqualify the person from
30 obtaining an operator licence for
the time that the court thinks fit
(not being less than 12 months).
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(2) On convicting a person, or finding a person
guilty, of an offence under section 28(1)(a),
(c), or (d) involving a regulated recreational
vessel, the court must--
5 (a) for a first offence--
(i) in the case of an offender who is
the holder of an operator licence,
cancel the licence and disqualify
the person from obtaining an
10 operator licence for the time that
the court thinks fit (not being less
than 12 months); or
(ii) in the case of an offender who is
not the holder of an operator
15 licence, disqualify the person from
obtaining an operator licence for
the time that the court thinks fit
(not being less than 12 months);
or
20 (b) for a second or subsequent offence--
(i) in the case of an offender who is
the holder of an operator licence,
cancel the licence and disqualify
the person from obtaining an
25 operator licence for the time that
the court thinks fit (not being less
than 24 months); or
(ii) in the case of an offender who is
not the holder of an operator
30 licence, disqualify the person from
obtaining an operator licence for
the time that the court thinks fit
(not being less than 24 months).
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(3) Any period of suspension imposed on a
person under section 28C must be deducted
from the period of disqualification imposed
on that person under this section.
5 28B. Previous convictions
In determining for the purpose of section
28A(1) or (2) or section 28C whether an
offence (in this section referred to as "the
relevant offence") is a first offence, any
10 other offence in respect of which a
conviction was recorded or a finding of guilt
was made 10 years or more before the
commission of the relevant offence is to be
disregarded if not to do so would make the
15 relevant offence a subsequent offence for the
purpose of that provision.
28C. Immediate suspension of operator licence
in certain circumstances
(1) If a person is charged by a member of the
20 police force with an offence under--
(a) section 28(1)(b), (e) or (f) where it is
alleged that the concentration of
alcohol in the blood of that person was
0·15 grams per 100 millilitres of blood
25 or more; or
(b) section 28(1)(c), or (d)--
where the person was in charge of a
regulated recreational vessel, any member of
the police force may, at any time after the
30 making of the charge until the charge has
been determined, give to the accused a notice
containing the prescribed particulars
informing the accused that his or her
operator licence is immediately suspended
35 until the charge has been determined and
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requiring the accused to surrender the
licence document immediately to the person
who gave the notice.
(2) For the purposes of this section a person is
5 charged with an offence when a copy of the
information that is signed by the member of
the police force is given to the person.
(3) Immediately on the giving of a notice under
sub-section (1), the operator licence of the
10 accused is suspended until the charge has
been determined by a court.
(4) A person who gives a notice under sub-
section (1) must cause a copy of that notice
to be sent immediately to the Board.
15 (5) A person who, without just cause or excuse,
refuses or fails to surrender a document as
required by a notice under sub-section (1) is
guilty of an offence and liable to a penalty of
not more than 5 penalty units.
20 (6) The accused has the burden of proving just
cause or excuse.
28D. Appeal to court against suspension of
operator licence
(1) A person to whom a notice is given under
25 section 28C(1) may appeal against that
notice to the Magistrates' Court.
(2) A person who appeals under sub-section (1)
must give 14 days' written notice of the
appeal (including particulars of any alleged
30 exceptional circumstances) to the Chief
Commissioner of Police and a registrar of
the Magistrates' Court.
(3) In determining the appeal the court must
hear any relevant evidence tendered either by
35 the applicant or by the Chief Commissioner
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of Police and any evidence of a registered
medical practitioner required by the court.
(4) On an appeal under sub-section (1) the court
may make an order--
5 (a) confirming the notice; or
(b) cancelling the notice.
(5) The Magistrates' Court must not make an
order under sub-section (4) cancelling a
notice unless it is satisfied that exceptional
10 circumstances exist which justify the making
of such an order.
(6) If on the subsequent hearing of the charge
the accused's operator licence is cancelled
and the accused is disqualified from
15 obtaining an operator licence for a specified
time, the court must take into account, in
fixing the period of disqualification, the
period of suspension under section 28C.'.
10. Disqualification of operator licence for conviction for
20 refusal to allow taking of blood sample
In section 31A of the Marine Act 1988, after sub-
section (2) insert--
"(2A) On convicting a person, or finding a person
guilty, of an offence under sub-section (2)
25 involving a regulated recreational vessel the
court must--
(a) for a first offence--
(i) in the case of an offender who is
the holder of an operator licence,
30 cancel the licence and disqualify
the person from obtaining an
operator licence for the time that
the court thinks fit (not being less
than 12 months);
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(ii) in the case of an offender who is
not the holder of an operator
licence, disqualify the person from
obtaining an operator licence for
5 the time that the court thinks fit
(not being less than 12 months).
(b) for a second or subsequent offence--
(i) in the case of an offender who is
the holder of an operator licence,
10 cancel the licence and disqualify
the person from obtaining an
operator licence for the time that
the court thinks fit (not being less
than 24 months);
15 (ii) in the case of an offender who is
not the holder of an operator
licence, disqualify the person from
obtaining an operator licence for
the time that the court thinks fit
20 (not being less than 24 months).".
11. Evidentiary provisions--blood tests
In section 32(10) of the Marine Act 1988, for
"section 31(9A)" substitute "sections 31(9A) and
31A".
25 12. Infringement notices--extension of time to object
(1) In section 61B(3) of the Marine Act 1988 after
paragraph (a) insert--
"(ab) any cancellation, disqualification or
suspension that resulted from the conviction
30 is set aside; and
(ac) anything done by the person before he or she
became aware that the infringement notice
had been issued that constituted an offence
only because of any cancellation,
35 disqualification or suspension, that resulted
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from the conviction must be taken not to
constitute that offence; and".
(2) In section 61B of the Marine Act 1988, after sub-
section (3) insert--
5 "(3A) In the case of any subsequent proceedings in
relation to an offence in respect of which an
infringement notice was issued to which sub-
section (3) applies, any period of
cancellation, disqualification or suspension
10 of an operator licence that--
(a) resulted from the conviction; and
(b) occurred after the person became aware
that the infringement notice had been
issued--
15 must be taken into account by the court if the
court convicts the person, or finds the person
guilty, of the offence in respect of which the
infringement notice was issued.".
13. Insertion of new section 61BA
20 After section 61B of the Marine Act 1988
insert--
"61BA. Suspension of operator licence for drink-
operator infringements
(1) If--
25 (a) a marine infringement notice has been
issued to a person in respect of an
offence under section 28(1) involving a
regulated recreational vessel where the
blood alcohol concentration specified
30 in the notice is more than the prescribed
concentration of blood alcohol; and
(b) the person to whom the infringement
notice has been issued does not give a
notice of objection to the infringement
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notice and the 28 day period has
expired--
and--
(c) if the person is the holder of an
5 operator licence, the licence is
suspended for a period of 6 months; or
(d) if the person is not the holder of an
operator licence, he or she is
disqualified from obtaining such a
10 licence for a period of 6 months.
(2) If a person to whom a marine infringement
notice has been issued in respect of an
offence under section 28(1) involving a
regulated recreational vessel--
15 (a) is exempted under the regulations from
the requirements of section 115 because
he or she holds an appropriate operator
licence issued in another State,
Territory or country; and
20 (b) does not give notice of objection to the
infringement notice and the 28 day
period has expired--
the person is disqualified from operating a
vessel in State waters for the period for
25 which he or she would have been suspended
under this section had the person held an
operator licence under this Act.
(3) Any suspension or disqualification under
sub-section (1) or disqualification under sub-
30 section (2) takes effect on the expiry of the
28 day period.
(4) When any suspension has taken effect, the
Board may, by notice in writing served on
the person whose operator licence is
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suspended, require that person to surrender
any operator licence document to the Board.
(5) A person on whom a notice is served under
sub-section (4) must comply with the notice
5 within the time specified in it.
Penalty: 5 penalty units.
(6) Payment of a penalty in respect of an
infringement notice to which sub-section (1)
applies may be made in accordance with the
10 regulations.
(7) A person to whom sub-section (1) applies
must, on or before the expiry of the 28 day
period, surrender his or her operator licence
document in accordance with the
15 regulations.".
14. Functions of the Marine Board
In section 65 of the Marine Act 1988, after
paragraph (je) insert--
"(jf) to test, approve the testing of and licence
20 operators of regulated recreational vessels;
and
(jg) to train or approve courses or persons for the
purposes of training of operators of regulated
recreational vessels; and
25 (jh) to register recreational vessels; and".
15. Delegation
In section 76 of the Marine Act 1988 after
paragraph (b) insert--
"(ba) the Roads Corporation established under
30 Part II of the Transport Act 1983; or".
16. Cancellation of certain licences
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In section 85 of the Marine Act 1988, after sub-
section (4) insert--
'(5) In this section "licence" does not include an
operator licence.'.
5 17. Insertion of new section 86A
After section 86 of the Marine Act 1988 insert--
"86A. Police power to move vessel or require
vessel to be moved
If a person has, within sight of a member of
10 the police force, committed an offence
against Part 4 or Part 10A and that person is
in charge of a vessel, the member of the
police force may--
(a) take charge of the vessel and may move
15 it to an appropriate place; or
(b) direct another person to move the
vessel to an appropriate place.".
18. Insertion of new section 89A
After section 89 of the Marine Act 1988 insert--
20 "89A. Obtaining licence etc. by false statements
A person who--
(a) by any false statement or any
misrepresentation or other dishonest
means obtains or attempts to obtain any
25 notice, certificate, licence or other
document, or any identifying number or
general identification mark that is
authorised, issued or required by or
under this Act; or
30 (b) without lawful authority or excuse
possesses any notice, certificate,
licence or other document so
obtained--
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is guilty of an offence and liable to a penalty
of not more than 10 penalty units or
imprisonment for a term of not more than
2 months and any notice, certificate, licence
5 or other document or identifying number or
general identification mark so obtained is
void and of no effect.".
19. Insertion of new section 101A
After section 101 of the Marine Act 1988
10 insert--
'101A. Disclosure of Information
(1) Subject to this section, the Board or a
relevant person must not--
(a) disclose information gained by the
15 Board or in the course of the
delegation, employment or engagement
of the relevant person that is
information of a personal nature or that
has commercial sensitivity for the
20 person about whom it is kept; or
(b) use the person's knowledge of any such
information.
Penalty: 100 penalty units.
(2) Sub-section (1) does not prevent the
25 disclosure or use of information, in
accordance with the regulations (if any)--
(a) in connection with the administration of
this Act or the regulations; or
(b) for the purposes of any legal
30 proceedings arising out of this Act or
the regulations or for the purposes of
any report of such proceedings; or
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(c) made at the direction of the Minister; or
(d) made in circumstances in which the
person believes on reasonable grounds
that the disclosure or use is necessary to
5 prevent or lessen a serious or imminent
threat to the life or health of one or
more people; or
(e) if the disclosure or use is required or
authorised by law.
10 (3) In this section, "relevant person" means a
person who is or has been a delegate of or
employed by or engaged to provide services
for--
(a) the Board; or
15 (b) any other person or body engaged to
provide services for the Board.'.
20. Insertion of new section 107AA
After section 107A of the Marine Act 1988
insert--
20 "107AA. Supreme Court--limitation of jurisdiction
It is the intention of section 120 to alter or
vary section 85 of the Constitution Act
1975.".
21. Fees or amounts for safety and education programs
25 For section 109(1) of the Marine Act 1988
substitute--
"(1) The Governor in Council may, by regulation,
fix a fee or other amount to be imposed on
licence holders, applicants for licences,
30 persons in whose names vessels are
registered or any other class of persons--
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(a) for the provision and maintenance of
boating facilities and services for the
public; and
(b) for the conduct of boating safety,
5 boating education and boating
promotion programs for the public.".
22. Insertion of new Part 10A
After Part 10 of the Marine Act 1988 insert--
'PART 10A--LICENSING OF OPERATORS OF
10 RECREATIONAL VESSELS
Division 1--Preliminary
113. Definitions
In this Part--
"general operator licence" means a licence
15 issued under section 116(1);
"general recreational vessel" means a
recreational vessel that--
(a) is not a personal watercraft; and
(b) is of a kind which is required by
20 or under this Act to be registered;
"operate" means to be in charge of a vessel
that is not--
(a) at anchor; or
(b) made fast to the shore; or
25 (c) aground; or
(d) ashore;
"personal watercraft" means any
recreational vessel that is of a kind that
is required, by or under this Act to be
30 registered and that--
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(a) is power driven; and
(b) has a fully enclosed hull; and
(c) does not retain water on it if it
capsizes; and
5 (d) is designed to be operated by a
person standing, sitting astride or
kneeling on the vessel, but not
seated within the vessel;
"personal watercraft endorsement" means
10 an endorsement of a general operator
licence or a restricted operator licence
under section 118(1);
"restricted operator licence" means a
licence issued under section 117(1).
15 114. Purposes of licensing
The purposes of licensing are to--
(a) ensure that people who operate
registered recreational vessels are
competent operators; and
20 (b) ensure that operators are aware of safe
operating practices and relevant marine
law; and
(c) ensure that people who are, or who
become, unsuited to operate registered
25 recreational vessels are not permitted to
do so; and
(d) enable the identification of operators
for the purposes of law enforcement
and the investigation of and response to
30 incidents and accidents.
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Division 2--Offences for unlicensed operators
of certain classes of recreational vessels
115. Offence to operate certain classes of
recreational vessel without a licence
5 (1) A person must not operate a general
recreational vessel unless--
(a) the person is the holder of a licence
issued under this Part that authorises
the person to operate such a vessel; and
10 (b) the person operates the vessel under
and in accordance with the licence.
Penalty: 8 penalty units.
(2) A person must not operate a personal
watercraft unless--
15 (a) the person is the holder of a licence
issued under this Part that--
(i) authorises the person to operate a
general recreational vessel; and
(ii) is endorsed to authorise the person
20 to operate a personal watercraft;
and
(b) the person operates the personal
watercraft under and in accordance
with the licence and endorsement.
25 Penalty: 10 penalty units.
Division 3--General licensing provisions
116. General operator licence
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(1) The Board may grant a general operator
licence to a person if--
(a) the person is of or over the age of
16 years; and
5 (b) the person has made an application for
the licence in accordance with the
regulations and the person is, in
accordance with the regulations,
eligible to apply for the licence; and
10 (c) the Board is satisfied that the person
has satisfactorily completed any
requirement of the Board under sub-
section (2).
(2) Before granting a general operator licence
15 the Board may require the applicant--
(a) to--
(i) pass any test about the operation
of recreational vessels or undergo
any training about the operation of
20 recreational vessels that the Board
considers is appropriate; or
(ii) have any prescribed qualification;
and
(b) to comply with any prescribed
25 procedures or requirements.
(3) A general operator licence authorises the
holder to operate the recreational vessels to
which the licence applies for the term, and
subject to any conditions, specified in the
30 licence or prescribed by the regulations.
(4) An application for a general operator licence
must be made in accordance with the
regulations.
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(5) The Board may grant, renew or vary a
general operator licence or may refuse to
grant, renew or vary such a licence.
(6) When granting, renewing or varying a
5 general operator licence, or, when refusing to
grant, renew or vary such a licence, the
Board must do so in accordance with the
regulations.
117. Restricted operator licence
10 (1) The Board may grant a restricted operator
licence to a person if--
(a) the person is of or over the age of
12 years and less than 16 years of age;
and
15 (b) the person has made an application for
the licence in accordance with the
regulations and the person is, in
accordance with the regulations,
eligible to apply for the licence; and
20 (c) the Board is satisfied that the person
has satisfactorily completed any
requirement of the Board under sub-
section (2).
(2) Before granting a restricted operator licence
25 the Board may require the applicant--
(a) to--
(i) pass any test about the operation
of recreational vessels or undergo
any training about the operation of
30 recreational vessels that the Board
considers is appropriate; or
(ii) have any prescribed qualification;
and
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(b) to comply with any prescribed
procedures or requirements.
(3) A restricted operator licence authorises the
holder to operate the recreational vessels to
5 which the licence applies for the term, and
subject to any conditions, specified in the
licence or prescribed by the regulations.
(4) An application for a restricted operator
licence must be made in accordance with the
10 regulations.
(5) The Board may grant, renew or vary a
restricted operator licence or may refuse to
grant, renew or vary such a licence.
(6) When granting, renewing or varying a
15 restricted operator licence or when refusing
to grant, renew or vary such a licence, the
Board must do so in accordance with the
regulations.
(7) If the holder of a restricted licence attains
20 16 years of age, the licence held by that
person is deemed to become a general
operator licence.
118. Personal watercraft endorsement
(1) A person--
25 (a) who has applied for an operator
licence; or
(b) who is the holder of an operator
licence--
and who satisfies the Board that he or she is
30 qualified to operate a personal watercraft
may, on application to the Board, have the
licence issued to or held by that person
endorsed to allow that person to operate a
personal watercraft.
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(2) An endorsement authorises the holder of the
licence that is endorsed to operate personal
watercraft for the term, and subject to any
conditions, specified in the endorsement or
5 prescribed by the regulations.
(3) An application for a personal watercraft
endorsement under sub-section (1) must be
made, in accordance with the regulations.
(4) The Board may endorse an operator licence
10 or renew or vary such an endorsement or
may refuse to endorse such a licence or
renew or vary such an endorsement.
(5) When endorsing an operator licence or
renewing or varying such an endorsement or
15 when refusing to endorse such a licence or
renew or vary such an endorsement, the
Board must do so in accordance with the
regulations.
(6) The Board may, before making a personal
20 watercraft endorsement, require the
applicant--
(a) to--
(i) pass any test about the operation
of personal watercraft or undergo
25 any training about the operation of
personal watercraft that the Board
considers appropriate; or
(ii) have any prescribed qualification;
and
30 (b) to comply with any prescribed
procedures and requirements.
(7) For the purposes of this Act a personal
watercraft endorsement is to be taken to be
part of the licence that is endorsed.
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119. Cancellation, suspension or variation of a
licence and revocation of endorsement by
the Board
(1) The Board--
5 (a) must, if the regulations require the
Board to do so; or
(b) may, if the regulations enable the Board
to do so--
in accordance with the regulations--
10 (c) suspend an operator licence for the
prescribed time;
(d) cancel an operator licence;
(e) revoke a personal watercraft
endorsement;
15 (f) vary an operator licence or a personal
watercraft endorsement;
(g) vary the conditions to which an
operator licence or a personal
watercraft endorsement is subject by
20 imposing, removing or amending a
condition.
(2) In suspending, in accordance with the
regulations, an operator licence on the
ground that it would be dangerous for the
25 person to operate a regulated recreational
vessel because of illness or bodily infirmity,
defect or incapacity or because of the effects
of treatment for any of those things, the
Board may do so on the basis of a report
30 given by a registered medical practitioner
and without conducting any other hearing or
investigation into the matter before the
suspension is imposed.
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120. Power of Board to require tests to be
undergone
(1) The Board may require--
(a) the holder of an operator licence
5 (whether endorsed or not); or
(b) an applicant for an operator licence or
an applicant for an endorsement; or
(c) an applicant for a variation of an
operator licence or an endorsement--
10 to undergo a test or tests to find out if that
person is unfit to operate a regulated
recreational vessel, or if it is dangerous for
that person to operate such a vessel.
(2) A person may be required under sub-section
15 (1) to undergo a test of health or competence
or any other appropriate test to be carried out
by a person specified by the Board.
(3) A test must be carried out by a person of the
class prescribed in relation to that class of
20 test.
(4) No action may be taken against a person who
carries out a test under this section and who
expresses to the Board an opinion formed by
that person as a result of the test.
25 (5) No action may be taken against a person
who, in good faith, reports to the Board any
information which discloses or suggests that
a person is unfit to operate a regulated
recreational vessel or that it may be
30 dangerous to allow that person to hold or be
granted an operator licence or a variation of
such a licence.
121. Power of court to cancel, suspend or vary
licences
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(1) If a court convicts a person of, or is satisfied
that a person is guilty of, an offence against
this Act or of any other offence in
connection with the operating of a regulated
5 recreational vessel, the court in any case may
suspend for such time as it thinks fit or
cancel any operator licence held by that
person and, whether or not that person holds
such a licence, disqualify him or her from
10 obtaining one for such time (if any) as the
court thinks fit.
(2) Sub-section (1) does not affect the obligation
of a court to cancel an operator licence and
disqualify the offender in any case in which
15 cancellation and disqualification are
mandatory under section 22 or 28A.
(3) A court must cause particulars of an order
made under sub-section (1) to be sent
immediately to the Board.
20 (4) If under sub-section (1) a court disqualifies a
person from obtaining an operator licence for
any time without expressly cancelling any
such licence held by that person, any such
licence held by that person is, unless the
25 order specifies otherwise, to be taken to have
been cancelled by that order.
(5) Sub-section (1) does not apply to an offence
under section 31A(6) unless the court is
satisfied that the person convicted or found
30 guilty of the offence had operated a
regulated recreational vessel less than 3
hours before the time of the offence.
(6) A licence cancelled by a court is of no effect
and a person whose licence is cancelled is
35 (without affecting the power of the court to
impose a longer period) disqualified from
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obtaining a further licence for the period
specified by the court or, if no period is
specified, for 3 months.
122. Effect of suspension of licence
5 An operator licence suspended by a court or
by the Board or by operation of this Act is,
during the suspension, of no effect and a
person whose licence is suspended is, during
the suspension, disqualified from obtaining a
10 further licence.
123. Disqualified person must not apply for
licence
(1) A person who is disqualified from obtaining
an operator licence must not apply for or
15 obtain such a licence.
Penalty: 5 penalty units.
(2) A licence so obtained is of no effect.
Division 4--Rights of appeal against licensing
decisions
20 124. Definition
In this Division--
"affected person" means a person who has
a right of appeal to the Magistrates'
Court under section 125.
25 125. Appeal to Magistrates' Court
(1) If the Board decides to--
(a) refuse an application for an operator
licence or an application to renew or
vary an operator licence;
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(b) refuse an application for a personal
watercraft endorsement or an
application to renew or vary such an
endorsement;
5 (c) impose or vary a condition on an
operator licence or a personal
watercraft endorsement;
(d) suspend, cancel or vary an operator
licence;
10 (e) revoke a personal watercraft
endorsement--
the applicant or holder may, in accordance
with the regulations and subject to sub-
section (2), appeal against that decision to
15 the Magistrates' Court.
(2) On an appeal under sub-section (1) the court
must--
(a) re-determine the matter; and
(b) hear any relevant evidence tendered by
20 the appellant or the Board; and
(c) without limiting its discretion, take into
consideration anything that the Board
ought to have considered.
(3) If the court is satisfied that the decision of
25 the Board--
(a) results from a disqualification of the
appellant in another State or Territory
of the Commonwealth; or
(b) was required by the regulations--
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the court must confirm the decision of the
Board.
126. Appeal to County Court
(1) A person--
5 (a) who is disqualified from obtaining an
operator licence by order of the
Magistrates' Court; or
(b) whose operator licence is cancelled or
suspended or varied by order of the
10 Magistrates' Court--
may, under Division 4 of Part 4 of the
Magistrates' Court Act 1989, appeal to the
County Court against the order in the same
manner as a person may appeal from
15 summary conviction by the Magistrates'
Court.
(2) The giving of notice of appeal to the County
Court does not stay the operation of the order
but the court making the order may, in its
20 discretion, stay the operation of the order
pending the decision of the appeal.
(3) This section does not apply to an order of the
Magistrates' Court made on an appeal under
section 28D or 125.
25 127. Board to notify affected person of right to
appeal
(1) The Board must notify any affected person
that the person has a right of appeal under
section 125.
30 (2) A notice under sub-section (1) must be given
within 14 days after the making of the
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decision against which the person has the
right to appeal.
128. Time for lodging appeal
(1) If the affected person has not applied for a
5 review of the decision under the regulations,
within the time prescribed by the regulations,
an appeal under section 125 must be made
within 28 days after the person is notified of
the decision.
10 (2) If the affected person has applied for a
review of the decision under the regulations
within the time prescribed by the regulations,
an appeal under section 125 must be made
within 28 days after the making of the
15 decision on the review.
(3) The Magistrates' Court must cause
particulars of an order made on an appeal to
be sent immediately to the Board.
(4) A person who appeals to the Magistrates'
20 Court under section 125 must--
(a) provide notice in writing of the appeal
to the clerk of the Magistrates' Court,
requesting the clerk to endorse a copy
of the notice with the date on which the
25 appeal is to be heard; and
(b) serve on the Board the endorsed copy
of the notice, not less than 14 days
before the hearing date.
Division 5--Operator Licensing Offences
30 129. Offence of failing to comply with the
conditions of the licence
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(1) A person must not operate a general
recreational vessel in breach of any condition
of the person's operator licence.
Penalty: 8 penalty units.
5 (2) A person must not operate a personal
watercraft in breach of any condition of the
person's personal watercraft endorsement or
in breach of any condition of the endorsed
licence.
10 Penalty: 10 penalty units.
130. Offence for overseas or interstate operator
to fail to comply with the conditions of the
licence or certificate
A person, who is exempted under the
15 regulations from the requirement to comply
with section 115 because he or she holds an
appropriate licence or certificate issued in
another State, Territory or country, must not
operate a regulated recreational vessel in
20 breach of any condition of that licence or
certificate.
Penalty: 8 penalty units.
131. Offence to operate a regulated recreational
vessel while disqualified etc.
25 (1) A person must not operate a regulated
recreational vessel while any operator
licence granted to him or her to do so is
suspended or during a period of
disqualification from obtaining such a
30 licence.
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Penalty: For a first offence, 10 penalty
units;
For a subsequent offence,
30 penalty units.
5 (2) Section 49 of the Sentencing Act 1991 does
not apply with respect to proceedings for an
offence against sub-section (1).
132. Cancellation of registration by court
(1) A court convicting a person of an offence
10 against section 131(1) may, if the
circumstances warrant it, order the
cancellation of the registration of the vessel
in respect of which the offence was
committed, if that vessel is owned by that
15 person, and order the Board not to register
that vessel again during such time (if any) as
the court specifies.
(2) If the court considers that another person
who is not present in court may be
20 substantially affected by such an order, the
court must issue a summons to that other
person to show cause why the order should
not be made.
(3) On the return of the summons, the court
25 may, after hearing the evidence brought
before it--
(a) refuse to order that the registration be
cancelled; or
(b) order that the registration be cancelled,
30 and order the Board not to register that
vessel again during such time (if any)
as the court specifies.
(4) A court must cause particulars of an order
made under this section to be sent
35 immediately to the Board and the Board
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must give effect to the order as soon as
possible.
133. Offence not to have operator licence in
person's possession
5 A person who holds an operator licence must
have the licence in his or her possession
while operating a regulated recreational
vessel.
Penalty: 2 penalty units.
10 134. Offence to allow a non-licensed person to
operate a vessel
(1) The owner of a general recreational vessel
must not allow another person to operate that
vessel unless that person is the holder of an
15 operator licence which authorises that person
to operate a general recreational vessel.
Penalty: 8 penalty units.
(2) The owner of a personal watercraft must not
allow another person to operate that
20 watercraft unless that other person is the
holder of an operator licence that is endorsed
with a personal watercraft endorsement
which authorises that person to operate a
personal watercraft.
25 Penalty: 10 penalty units.
(3) It is a defence to a charge under this section
if the owner reasonably believes that the
operator held the appropriate licence which
has (where the case so requires) the
30 appropriate endorsement.
Division 6--Transitional provision
135. Application of Part
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This Part does not apply to a person--
(a) who is operating a general recreational
vessel; and
(b) who is of or over the age of 21 years--
5 until 12 months after the commencement of
section 22 of the Marine (Amendment) Act
2000.'.
23. Insertion of new Division 2 of Part 11
After Division 1 of Part 11 of the Marine Act
10 1988 insert--
"Division 2--Transitional Provision--Marine
(Amendment) Act 2000
149. Transitional provision--Interstate licences
A person--
15 (a) who is, on the commencement of
section 22 of the Marine
(Amendment) Act 2000, the holder of
a licence or authority issued in another
State or Territory of the
20 Commonwealth, which is the
equivalent of an operator licence; and
(b) who is a resident of Victoria; and
(c) who would, because of the operation of
Part 10A of this Act be required to hold
25 an operator licence to operate a
regulated recreational vessel--
is deemed to be the holder of an operator
licence, with a personal watercraft
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endorsement, (where the licence held by the
person so authorises) for a period of 3 years
from the commencement of section 22 of
that Act, unless the licence issued in the
5 other State or Territory is cancelled or
expires before that commencement.".
24. Subject matter for regulations
(1) In Schedule 5 to the Marine Act 1988, after item
28 insert--
10 "28A. The carriage and display of certificates of
survey or certified copies of such certificates
on vessels.".
(2) In Schedule 5 to the Marine Act 1988, after item
62C insert--
15 "62CA. The persons responsible for the safe-keeping
of samples of blood taken under section 31A
and the methods of storage to be used by
them.
62CB. The delivering of portions of samples of
20 blood taken under section 31A to the people
from whom they are taken and to members
of the police force.".
25. Further amendments to the Marine Act 1988
The Marine Act 1988 is amended as set out in the
25 Schedule.
__________________
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Sch.
Act No.
Section 25
SCHEDULE
AMENDMENT OF SCHEDULE 5
In Schedule 5, after item 81 insert--
5 "LICENSING OF OPERATORS
82. The categories of recreational vessels for licensing
purposes.
83. Applications for an operator licence or for the variation,
renewal or extension of an operator licence; the dates by
10 which applications must be made and the information and
evidence to accompany applications.
84. Requirements to be complied with before an operator
licence may be granted, varied or renewed.
85. The conditions on which an operator licence may be
15 granted, varied or renewed.
86. The requirements to be complied with before a personal
watercraft endorsement may be made or varied.
87. The conditions on which a personal watercraft endorsement
may be made, varied or renewed.
20 88. The date on which an operator licence commences and the
period for which it remains in force.
89. The taking of photographs or making of digitised images for
inclusion in operator licence documents.
90. The information to be included in licence documents.
25 91. The issue of duplicate operator licence documents.
92. The issue of different classes of operator licence documents.
93. The exemption of persons or classes of persons from the
requirement to obtain an operator licence.
94. Tests and operator training.
30 95. The grounds on which an operator licence may be cancelled,
suspended or varied by the Board and the procedures to be
followed in such cases.
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96. The grounds on which a personal watercraft endorsement
may be revoked or varied by the Board and the procedures
to be followed in such cases.
97. The circumstances in which the Board is required to cancel,
5 suspend or vary an operator licence or refuse an application
for an operator licence or an operator licence variation and
the procedures to be followed in those cases.
98. The circumstances in which the Board is required to revoke
or vary a personal watercraft endorsement or refuse an
10 application for a personal watercraft endorsement or a
variation of an endorsement and the procedures to be
followed in these cases.
99. The surrender of licence documents if the licence has been
cancelled or suspended by the Board or by a court.
15 100. Approving tests or courses or conducting tests or courses for
the purposes of operator licences or endorsements.
101. The circumstances in which licence documents may be
replaced.
102. The information the Board may require an applicant for a
20 licence or endorsement or the holder of a licence or an
endorsed licence to give to the Board.
103. Procedures for reviewing decisions of the Board in relation
to operator licences or personal watercraft endorsements.
104. Requirements for interstate or overseas licence holders.
25 105. Records to be kept about licence holders.
RIGHT OF APPEAL OR REVIEW
106. Conferring a right of appeal or review to a specified court or
tribunal against any decision of the Board and prescribing
the procedures to be followed in those cases.
30 FORMS
107. Forms.".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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