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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Marine Safety Legislation (Lakes Hume and
Mulwala) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Laws associated with marine safety legislation 4
PART 2--AREA TRANSFERRED TO NEW SOUTH WALES
JURISDICTION 6
5. Application of marine safety legislation of New South Wales and
associated New South Wales laws in transferred Victorian area 6
6. Conferral of functions and jurisdiction on New South Wales 6
7. Provisions of marine safety legislation of New South Wales with
specific application not to apply 7
8. Exclusion of applicable provisions by regulation 7
PART 3--AREA TRANSFERRED TO VICTORIAN
JURISDICTION 8
9. Application of marine safety legislation of Victoria and
associated Victorian laws in transferred New South Wales area 8
10. Conferral of functions and jurisdiction on Victoria 8
PART 4--MISCELLANEOUS 9
11. Appointment of interstate officers 9
12. Act to bind Crown 9
13. Regulations 9
14. Savings and transitional provisions 10
ENDNOTES 11
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Clause Page
INDEX 12
ii
541215B.I1-28/9/2001 BILL LA CIRCULATION 28/9/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 26 September 2001
A BILL
to rationalise the application of the marine safety legislation of
Victoria and New South Wales in Lake Hume and Lake Mulwala on
the Murray River border and for other purposes.
Marine Safety Legislation (Lakes Hume
and Mulwala) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to rationalise the
application of the marine safety legislation of
5 Victoria and New South Wales in Lake Hume and
Lake Mulwala on the Murray River border, which
has been submerged by the creation of those lakes.
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 2
Act No.
Under the combined operation of this Act and the
corresponding New South Wales Act, the marine
safety legislation is to have effect as if the
border--
5 (a) included within Victoria all the waters of
Lake Hume downstream of the Bethanga
Bridge; and
(b) included within New South Wales all the
waters of Lake Hume upstream of that
10 bridge, and all the waters of Lake Mulwala
(including the waters of the Ovens River
north of the Murray Valley Highway
Bridge).
2. Commencement
15 This Act comes into operation on a day to be
proclaimed.
3. Definitions
In this Act--
"associated laws" has the meaning given by
20 section 4;
"Bethanga Bridge" means the bridge by that
name over the Murray River as at the
commencement of this Act, but if that bridge
is replaced after that commencement, means
25 the replacement bridge;
"corresponding New South Wales Act" means
the Marine Safety Legislation (Lakes Hume
and Mulwala) Act 2001 of New South
Wales;
30 "exercise" includes perform;
"function" includes a power, duty or authority;
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 3
Act No.
"Lake Hume" means the lake by that name on
the Murray River, comprising the waters
from the Hume Weir upstream to the
imaginary line across the Murray River at
5 longitude 147 degrees and 30 minutes east;
"Lake Mulwala" means the lake by that name on
the Murray River, comprising--
(a) the waters from the Yarrawonga Weir
upstream to the imaginary line across
10 the Murray River at longitude
146 degrees and 15 minutes east; and
(b) the waters of the Ovens River north of
the Murray Valley Highway Bridge;
"law" includes unwritten law;
15 "marine safety legislation" means the marine
safety legislation of Victoria and the marine
safety legislation of New South Wales;
"marine safety legislation of New South
Wales" means the provisions of the Marine
20 Safety Act 1998 of New South Wales, and
the regulations and other instruments made
under that Act, as in force from time to time;
"marine safety legislation of Victoria" means
the provisions of the Marine Act 1988 of
25 Victoria, and the regulations and other
instruments made under that Act, as in force
from time to time;
"Murray Valley Highway Bridge" means the
bridge, on the Murray Valley Highway, over
30 the Ovens River as at the commencement of
this Act, but if that bridge is replaced after
that commencement, means the replacement
bridge;
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 4
Act No.
"transferred New South Wales area" means so
much of the area covered for the time being
by the waters of Lake Hume downstream of
the Bethanga Bridge as is within the
5 territorial limits of New South Wales;
"transferred Victorian area" means--
(a) so much of the area covered for the
time being by the waters of Lake Hume
upstream of the Bethanga Bridge; and
10 (b) so much of the area covered for the
time being by the waters of Lake
Mulwala (including the waters of the
Ovens River north of the Murray
Valley Highway Bridge)--
15 as are within the territorial limits of Victoria.
4. Laws associated with marine safety legislation
(1) For the purposes of this Act, "associated laws",
in relation to the marine safety legislation of a
State, are the provisions of any laws of that State
20 concerning a matter arising under that legislation.
(2) Matters arising under marine safety legislation
include, for example (but without limitation) the
following--
(a) the investigation and prosecution of offences
25 under that legislation (including the issue of
infringement or penalty notices), and the
arrest, bail, trial and conviction of offenders;
(b) the jurisdiction of courts and tribunals under
that legislation;
30 (c) the procedure before courts and tribunals
exercising jurisdiction under that legislation
(including with respect to evidence, appeals
and review);
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 4
Act No.
(d) the payment and recovery of fines, penalties,
fees and other money under that legislation;
(e) the jurisdiction of the Ombudsman with
respect to the conduct of public officials
5 under that legislation;
(f) the access to information held by public
officials under that legislation;
(g) the interpretation of that legislation.
_______________
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 5
Act No.
PART 2--AREA TRANSFERRED TO NEW SOUTH WALES
JURISDICTION
5. Application of marine safety legislation of New South
Wales and associated New South Wales laws in
5 transferred Victorian area
(1) The marine safety legislation of New South
Wales, and the associated laws of New South
Wales, apply in and in relation to the transferred
Victorian area as if that area were within the
10 territorial limits of New South Wales.
(2) The marine safety legislation of Victoria, and the
associated laws of Victoria, do not apply in or in
relation to the transferred Victorian area.
6. Conferral of functions and jurisdiction on New South
15 Wales
(1) All persons who have functions conferred or
imposed on them for the purposes of or in
connection with the marine safety legislation of
New South Wales (or the associated laws of New
20 South Wales) have and may exercise those
functions for the purposes of or in connection with
that legislation or those laws, as applying in and in
relation to the transferred Victorian area by virtue
of this Part.
25 (2) The several courts of New South Wales are
invested with jurisdiction in all matters arising
under the marine safety legislation of New South
Wales (or the associated laws of New South
Wales), as applying in and in relation to the
30 transferred Victorian area by virtue of this Part.
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 7
Act No.
7. Provisions of marine safety legislation of New South
Wales with specific application not to apply
(1) Nothing in this Part renders a provision of the
marine safety legislation of New South Wales
5 applicable in a particular place--
(a) in so far as the provision is incapable of
applying in or in relation to that place; or
(b) if that legislation expressly provides that the
provision does not extend or apply in or in
10 relation to that place; or
(c) if that legislation expressly provides that the
provision applies only in a specified locality
that does not include that place.
(2) A provision of the marine safety legislation of
15 New South Wales is not taken to be a provision to
which sub-section (1) applies merely because it is
limited in its application to acts, matters or things
within the waters (however described) of New
South Wales.
20 8. Exclusion of applicable provisions by regulation
The regulations under this Act--
(a) may exclude particular provisions of the
marine safety legislation of New South
Wales or the associated laws of New South
25 Wales from applying in and in relation to the
transferred Victorian area by virtue of this
Part; and
(b) may provide that particular provisions of the
marine safety legislation of Victoria or the
30 associated laws of Victoria are not excluded
from applying in or in relation to the
transferred Victorian area by virtue of this
Part.
_______________
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 9
Act No.
PART 3--AREA TRANSFERRED TO VICTORIAN
JURISDICTION
9. Application of marine safety legislation of Victoria
and associated Victorian laws in transferred New
5 South Wales area
This Part has effect for the purposes of the
provisions of the corresponding New South Wales
Act that apply the marine safety legislation of
Victoria, and any associated laws of Victoria, in
10 and in relation to the transferred New South
Wales area as if that area were within the
territorial limits of Victoria.
10. Conferral of functions and jurisdiction on Victoria
(1) All persons who have functions conferred or
15 imposed on them for the purposes of or in
connection with the marine safety legislation of
Victoria (or the associated laws of Victoria) have
and may exercise those functions for the purposes
of or in connection with that legislation or those
20 laws, as applying in and in relation to the
transferred New South Wales area by virtue of the
corresponding New South Wales Act.
(2) The several courts of Victoria are invested with
jurisdiction in all matters arising under the marine
25 safety legislation of Victoria (or the associated
laws of Victoria), as applying in and in relation to
the transferred New South Wales area by virtue of
the corresponding New South Wales Act.
_______________
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 11
Act No.
PART 4--MISCELLANEOUS
11. Appointment of interstate officers
(1) A power under the marine safety legislation of
Victoria to appoint or authorise a person for the
5 purposes of the enforcement of that legislation in
Victoria or in the transferred New South Wales
area extends to the appointment or authorisation
of a person who is a police officer of New South
Wales or a member of the staff of the Waterways
10 Authority of New South Wales or of any other
authority of New South Wales.
(2) A person who is a member of the police force of
Victoria or who is employed under Part 3 of the
Public Sector Management and Employment
15 Act 1998 may be appointed or authorised under
the marine safety legislation of New South Wales
for the purposes of the enforcement of that
legislation in New South Wales or in the
transferred Victorian area.
20 12. Act to bind Crown
This Act binds the Crown in right of Victoria and,
in so far as the legislative power of the Parliament
of Victoria permits, the Crown in all its other
capacities.
25 13. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
30 Act.
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
s. 14
Act No.
14. Savings and transitional provisions
(1) Nothing in this Act limits any other law that
provides for the application of the laws of the
State, or any part of those laws, beyond the limits
5 of the State.
(2) If the Marine Safety Act 1998 of New South
Wales has not commenced before the
commencement of this Act, a reference in this Act
to the marine safety legislation of New South
10 Wales is, until that Act commences, taken to be a
reference to the Acts and regulations to be
repealed by Schedule 2 to that Act.
(3) The regulations may contain other provisions of a
savings or transitional nature consequent on the
15 enactment of this Act.
10
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001
Act No.
INDEX
Subject Section
Act
commencement 2
Crown bound by 12
purpose 1
savings and transitional provisions 14
3, 4
Definitions
3
Lake Hume (def.)
3
Lake Mulwala (def.)
Marine safety legislation of NSW
application in transferred Victorian area 5
appointment of Victorian officers under 11
associated laws 4
definition 3
exercise of functions in relation to transferred
Victorian area 6
exclusion of particular provisions by regulation 8
jurisdiction of NSW courts in relation to
transferred Victorian area 6
provisions with specific application 7
Marine safety legislation of Victoria
application in transferred NSW area 9
appointment of interstate officers under 11
associated laws 4
definition 3
exercise of functions in relation to transferred
NSW area 10
inclusion of particular provisions by regulation 8
jurisdiction of Victorian courts in relation to
transferred NSW area 10
not to apply to transferred Victorian area 5
11
Officers
8, 13, 14
Regulations
14
Savings
Transferred NSW area
application of Victorian legislation in 9
definition 3
functions under Victorian legislation in relation to 10
jurisdiction of courts under Victorian legislation in
relation to 10
Transferred Victorian area
application of NSW legislation in 5, 78
definition 3
functions under NSW legislation in relation to 6
jurisdiction of courts under NSW legislation in
relation to 6
14
Transitional provisions
12
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