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PARLIAMENT OF VICTORIA
Transport Legislation Amendment (Hoon Boating
and Other Amendments) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENT OF THE MARINE ACT 1988 5
3 Amendment of definition section 5
4 Effecting registration, renewal or transfer 5
5 New Part 7A inserted 5
PART 7A--IMPOUNDMENT, IMMOBILISATION AND
FORFEITURE OF RECREATIONAL VESSELS 5
Division 1--Preliminary 5
62A Part 7A definitions 5
62B Part does not affect other penalties 9
62C Part has prospective application 9
Division 2--Impoundment or immobilisation of recreational
vessels 10
62D Powers of police 10
62E Seizure of recreational vessel 11
62F Surrender of recreational vessel 12
62G Impoundment or immobilisation of a recreational
vessel 14
62H Authorised persons 15
62I Notice to operator, owner or registered person 17
62J Content of notice 18
62K Review by a senior police officer 19
62L Release of recreational vessel by Victoria Police 20
62M Appeal rights 21
62N Offences 22
62O Recovery of recreational vessel 23
62P Crown to pay costs if operator found not guilty or
charges not proceeded with 24
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Division 3--Impoundment, immobilisation or forfeiture of
recreational vessels by court order 24
62Q Impoundment or immobilisation order 24
62R Forfeiture order 26
62S Application for an impoundment or immobilisation
order or a forfeiture order 27
62T Notice of application 28
62U Interest in recreational vessel not to be transferred 30
62V Notice in case of 2 or more charges 30
62W Direction not to transfer registration or register
recreational vessel 33
62X Director not to transfer registration or register
recreational vessel 35
62Y Cessation of direction under this Act does not affect
any suspension 36
62Z Hearing of application 36
62ZA Application for variation of order 38
62ZB When order takes effect 39
62ZC Police powers 40
62ZD Liability for costs of impoundment or immobilisation 40
62ZE Ownership rights 41
62ZF Third party protection from forfeiture order 41
Division 4--Search and seizure warrants 43
62ZG Application for search and seizure warrant 43
62ZH Search and seizure warrant 45
62ZI Record of proceedings for search and seizure warrant 46
62ZJ Announcement before entry 46
62ZK Copy of search and seizure warrant to be given to
occupier 46
62ZL Use of assistants to execute search and seizure warrant 47
62ZM Application of Magistrates' Court Act 1989 47
62ZN Expiry of search and seizure warrant 47
62ZO Report on execution of search and seizure warrant 48
62ZP Obstruction or hindrance of person executing search a
nd seizure warrant 49
Division 5--Disposal of recreational vessels 49
Subdivision 1--Disposal of recreational vessels, items and
things 49
62ZQ Sale or disposal of uncollected recreational vessels
and items 49
561410B.I-11/11/2009 ii BILL LA INTRODUCTION 11/11/2009
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Subdivision 2--Disposal of recreational vessels, items or
things if forfeiture order has taken effect 51
62ZR Sale or disposal of recreational vessel subject to
forfeiture order 51
62ZS Application of proceeds of sale 51
Subdivision 3--Disposal of recreational vessels, items or
things subject to disposal order 52
62ZT Disposal of recreational vessel, item or thing subject
to disposal order 52
62ZU Notice to be given of intention to apply for disposal
order 52
62ZV Application for disposal order 55
62ZW Hearing of application for and making of disposal
order 55
62ZX Application of proceeds of sale 56
Division 6--Miscellaneous 56
62ZY Service of notices under Part 7A 56
6 Exclusion orders 57
7 Insertion of new section 85ATA 58
85ATA Corporations displacement provision 58
8 New Part 10AA inserted 58
PART 10AA--PROHIBITION OF USE OF
RECREATIONAL VESSELS AND HIRE AND DRIVE
VESSELS 58
Division 1--Preliminary 58
112A Part 10AA definitions 58
112B Part does not affect other penalties 59
112C Part has prospective application 59
Division 2--Embargo notices and prohibition directions 60
112D Power to issue embargo notices 60
112E Police power to prohibit operation of vessels 62
Division 3--Authorised officers 63
112F Appointment 63
112G Identity cards 64
112H Return of identity cards 65
112I Production of identity card 65
9 Subject matter for regulations 66
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PART 3--AMENDMENT OF THE PORT SERVICES ACT 1995 67
10 Definitions 67
11 New Part 4A inserted 67
PART 4A--REGULATION OF TOWAGE SERVICES 67
Division 1--Preliminary 67
73A Definitions 67
Division 2--Towage requirements 68
73B Towage requirements determination 68
73C Process for making a towage requirements
determination 70
73D Entitlement to make submissions 70
Division 3--Notification of towage service providers 71
73E Offence to provide towage services without
notification 71
73F Making notification 71
73G Procedure for acknowledgment of notification 72
73H Period for which notification remains in force 72
73I Record of towage service providers 72
Division 4--Towage conditions 73
73J Determination of towage conditions 73
73K Limitations on making towage conditions
determinations 73
73L Service and publication of determination 75
73M Coming into effect of towage conditions 75
73N Process for making towage conditions determination 76
73O Compliance with determined towage condition 76
Division 5--General matters 76
73P Review by VCAT 77
73Q Period for making application to VCAT 77
73R Repeal of Part 78
12 New Part 5B inserted 78
PART 5B--POWERS AS TO CERTAIN HAZARDOUS
OR POLLUTING ACTIVITIES OR THINGS 78
Division 1--Preliminary 78
88I Definitions 78
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Division 2--Pollution abatement 78
88J Pollution abatement 78
88K Recovery of costs of clean up 79
88L Relationship with the Environment Protection
Act 1970 80
Division 3--Hazardous port activities 80
88M Hazardous port activity notice 80
88N Hazardous port activity direction 80
88O Offence not to comply with hazardous port activity
direction 81
Division 4--Abandoned or unclaimed goods or things 81
88P Offence to leave things in port waters or on port land 81
88Q Removal of things 81
88R Powers when moving things 82
88S Requirement to make enquiries as to owner of thing 83
88T Disposal of thing 83
88U Recovery of costs 84
88V Payment of compensation 85
88W Proceeds of disposal where owner not located 86
13 Insertion of section after section 96 86
97 Power to prosecute 86
14 Regulation making powers 86
PART 4--AMENDMENT OF THE TRANSPORT ACT 1983 89
15 New Part VIIA inserted in the Transport Act 1983 89
PART VIIA--ENFORCEMENT AND RELATED
POWERS FOR THE PORT OF MELBOURNE 89
Division 1--Preliminary 89
230K Definition 89
230L Appointment 89
230M Identity cards 90
230N Return of identity cards 90
230O Production of identity card 91
Division 2--Powers of entry and search of vessels 92
230P Power to enter and inspect vessels 92
230Q Production of identity card by port safety officers
before vessel searches 93
230R Consent not needed for inspections 93
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Division 3--Powers of entry and search of premises 94
230S Entry of premises with consent 94
230T Entry of premises without consent 96
230U Powers that may be exercised on entry 97
230V Securing a site 98
230W Offence to enter secured site 98
Division 4--Provisions as to use of or seizure of equipment
or goods 98
230X Use of equipment to examine or process things 98
230Y Copies of certain things seized to be given 99
230Z Access to seized things 100
230ZA Retention and return of seized documents or things 100
230ZB Magistrates' Court may extend 3 month period 101
Division 5--General 101
230ZC Requirement to assist port safety officer during entry 101
230ZD Self-incrimination 102
230ZE Admissibility of information obtained under
section 230ZC 103
230ZF Persons who may bring proceedings 103
PART 5--AMENDMENT OF THE ROAD SAFETY ACT 1986 104
16 Suspension of approval of alcohol interlock supplier 104
17 Conditions on approvals 105
18 New sections 50AAIA, 50AAIB and 50AAIC inserted 106
50AAIA Power of immediate suspension 106
50AAIB Inquiry 107
50AAIC Effect of suspension 108
19 Impoundment regime 108
20 Disclosure of information 108
21 New sections 92A and 92B inserted 110
92A Minister may make declaration in exceptional
circumstances 110
92B Disclosure of personal information in exceptional
circumstances 111
22 Exemptions from fatigue management requirements 113
23 Statute law revision 114
PART 6--AMENDMENT OF THE ROAD MANAGEMENT
ACT 2004 116
24 Powers of a road authority 116
25 Responsible road authority 116
26 Removal of stationary vehicles 116
561410B.I-11/11/2009 vi BILL LA INTRODUCTION 11/11/2009
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27 Removal of abandoned property 117
28 Regulations 117
29 Power to move other obstructions 118
PART 7--AMENDMENT OF THE MELBOURNE CITY LINK
ACT 1995 119
30 Repeal 119
31 Statute law revision 119
PART 8--AMENDMENT OF THE ACCIDENT TOWING
SERVICES ACT 2007 120
32 Roster entitlements 120
33 New sections inserted after section 140H 120
140I Offence not to carry permit when driving 120
140J Offence not to produce permit when asked 121
34 Direction to state name and address 122
35 Regulation making powers 122
PART 9--AMENDMENTS RELATING TO VICROADS 123
Division 1--Transport Act 1983 123
36 Amendment of section 16--Objects and functions of Roads
Corporation 123
Division 2--EastLink Project Act 2004 123
37 Amendment of section 3--Definitions 123
38 New section 4A inserted 123
4A Functions and powers of VicRoads 123
39 Consequential amendments 125
40 New Part 12 inserted 126
PART 12--TRANSFER OF PROJECT FROM THE
SOUTHERN AND EASTERN INTEGRATED
TRANSPORT AUTHORITY TO VICROADS 126
260 Definitions 126
261 Transfer of the Project 127
262 Property transferred to VicRoads 128
263 Transfer subject to encumbrances 129
264 Substitution of party to agreement 129
265 Instruments 130
266 Proceedings 130
267 Interests in land 130
268 Action by Registrar of Titles 131
269 Taxes 131
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270 Evidence 131
271 Transfer of employees 132
272 Validity of things done under this Part 133
Division 3--Southern and Eastern Integrated Transport
Authority Act 2003 135
41 Amendment of section 3--Definitions 135
42 Repeal of section 4--The EastLink Project 135
PART 10--AMENDMENT OF THE MAJOR TRANSPORT
PROJECTS FACILITATION ACT 2009 136
43 Statute law revision 136
PART 11--AMENDMENT OF THE CRIMES ACT 1958 138
44 New section 317B inserted 138
317B Interpretation 138
45 Culpable driving causing death 139
46 New section 615 inserted in Crimes Act 1958 139
615 Transitional provision--Transport Legislation
Amendment (Hoon Boating and Other
Amendments) Act 2009 139
47 Evidentiary provisions in Marine Act 1988 139
48 Cancellation of operator licence under Marine Act 1988 140
49 Consequential amendments 141
PART 12--REPEAL 143
50 Repeal of Act 143
ENDNOTES 144
561410B.I-11/11/2009 viii BILL LA INTRODUCTION 11/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Legislation Amendment
(Hoon Boating and Other Amendments)
Bill 2009
A Bill for an Act to amend the Accident Towing Services Act 2007,
the Crimes Act 1958, the EastLink Project Act 2004, the Major
Transport Projects Facilitation Act 2009, the Marine Act 1988, the
Melbourne City Link Act 1995, the Port Services Act 1995, the
Road Management Act 2004, the Road Safety Act 1986, the
Southern and Eastern Integrated Transport Authority Act 2003
and the Transport Act 1983 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Marine Act 1988--
561410B.I-11/11/2009 1 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 1--Preliminary
s. 1
(i) to provide for embargo notices to be
issued prohibiting the operation of a
recreational vessel;
(ii) to provide for the giving of directions
5 prohibiting a person from operating any
recreational vessel or a hire and drive
vessel for a specified period in certain
circumstances;
(iii) to enable the seizure and impoundment
10 or immobilisation of recreational
vessels in certain circumstances;
(iv) to allow the court to order the
impoundment, immobilisation or
forfeiture of recreational vessels in
15 certain circumstances;
(v) to make further provision in relation to
minor matters in that Act;
(b) to amend the Port Services Act 1995 to
make provision--
20 (i) in relation to the provision of towage
services;
(ii) as to certain hazardous or polluting
activities or things;
(iii) as to other minor matters;
25 (c) to amend the Transport Act 1983, to make
further provision as to the functions of the
Roads Corporation and as to enforcement
powers and other minor matters;
(d) to amend the Road Safety Act 1986 in
30 relation to--
(i) disclosure of information; and
(ii) suppliers of alcohol interlocks; and
561410B.I-11/11/2009 2 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 1--Preliminary
s. 2
(iii) fatigue management requirements for
rail replacement bus services,
emergency services and bus services
provided in response to an emergency;
5 (e) to amend the Road Management Act 2004
in relation to--
(i) clearance of obstructions on roads; and
(ii) regulation-making powers;
(f) to amend the Melbourne City Link Act
10 1995 to repeal a redundant provision;
(g) to amend the Accident Towing Services Act
2007 to make further provision in relation to
the holders of tow truck trainee permits and
other minor matters;
15 (h) to make amendments to the EastLink
Project Act 2004 and the Southern and
Eastern Integrated Transport Authority
Act 2003 in relation to the EastLink project;
(i) to make amendments to the Major
20 Transport Projects Facilitation Act 2009
of a statute law revision nature;
(j) to amend the Crimes Act 1958 to extend the
offences of culpable driving causing death
and dangerous driving causing death or
25 serious injury to the operating of vessels and
to make consequential amendments to other
Acts;
(k) to make other amendments of a statute law
revision nature.
30 2 Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
561410B.I-11/11/2009 3 BILL LA INTRODUCTION 11/11/2009
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Bill 2009
Part 1--Preliminary
(2) Section 23(3) is deemed to have come into
operation on 9 November 2009.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on a
5 day or days to be proclaimed.
(4) If a provision referred to in subsection (3) does
not come into operation before 1 September 2011,
it comes into operation on that day.
__________________
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Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 3
PART 2--AMENDMENT OF THE MARINE ACT 1988
3 Amendment of definition section
After section 3(4) of the Marine Act 1988 See:
Act No.
insert-- 52/1998.
Reprint No. 7
5 "(5) In the case of a contravention in the port of as at
12 December
Melbourne of a relevant marine safety law 2007
that is constituted by a contravention of the and
amending
Port Services Act 1995, for the purposes of Act No
Divisions 4 and 5 of Part 8, a reference to an 17/2009.
LawToday:
10 inspector is taken to include a reference to a www.
port safety officer appointed under Part VIIA legislation.
vic.gov.au
of the Transport Act 1983.".
4 Effecting registration, renewal or transfer
In section 10(1) of the Marine Act 1988, after
15 "the regulations" insert "and Division 3 of
Part 7A".
5 New Part 7A inserted
After Part 7 of the Marine Act 1988 insert--
'PART 7A--IMPOUNDMENT,
20 IMMOBILISATION AND FORFEITURE OF
RECREATIONAL VESSELS
Division 1--Preliminary
62A Part 7A definitions
(1) In this Part--
25 appeal period, in relation to a conviction or
an impoundment or immobilisation
order or a forfeiture order, means the
period ending--
(a) if the period provided for the
30 lodging of an appeal against the
conviction or order has ended
561410B.I-11/11/2009 5 BILL LA INTRODUCTION 11/11/2009
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Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
without such an appeal having
been lodged, at the end of that
period; or
(b) if an appeal against the conviction
5 or order has been lodged, when
the appeal is abandoned or finally
determined;
authorised person means a person
authorised by a member of the police
10 force under section 62H;
conviction, in relation to a relevant offence,
includes a finding of guilt of the
relevant offence without the recording
of a conviction;
15 designated costs means the cost of
impounding or immobilising a
recreational vessel under this Part
including, where relevant, the cost of--
(a) moving the recreational vessel to a
20 holding yard or place where the
recreational vessel is to be
immobilised; and
(b) storing the recreational vessel at
the holding yard or place where
25 the recreational vessel is
immobilised; and
(c) releasing the recreational vessel
from the holding yard or from
immobilisation--
30 and includes any additional costs
incurred if the recreational vessel is
impounded or immobilised for longer
than the designated period or the period
specified under an impoundment or
35 immobilisation order;
561410B.I-11/11/2009 6 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
designated period, in relation to a
recreational vessel, means the period of
48 hours beginning with the seizure or
surrender of the recreational vessel
5 under section 62E or 62F, but if the
period expires outside of normal
business hours, the period extends to
9.00 a.m. on the next business day,
being a day other than a Saturday, a
10 Sunday or a public holiday appointed
under the Public Holidays Act 1993;
disposal order means an order made under
section 62ZW;
forfeiture order means an order made by a
15 court under section 62R;
holding yard means a place used for the
storage of recreational vessels
impounded under this Part;
impoundment or immobilisation order
20 means an order made by a court under
section 62Q;
landing place includes the following--
(a) an intersection between land and
water at which it is reasonably
25 safe to land a vessel;
(b) a place intended for the landing or
berthing of vessels, including, but
not limited to, a wharf, boat ramp,
marina, pier or jetty;
30 member of police personnel has the same
meaning as in the Police Regulation
Act 1958;
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Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
operator, in relation to a recreational vessel,
means the person who is operating
(within the meaning of Part 10A) the
recreational vessel;
5 public place includes, but is not limited to--
(a) any public place within the
meaning of public place in the
Summary Offences Act 1966;
and
10 (b) State waters;
registered person, in relation to a
recreational vessel, means the person
who is registered as the owner or
operator of the recreational vessel in
15 accordance with regulations made
under this Act;
relevant court, in relation to an application
made under this Part, means--
(a) the court with jurisdiction to hear
20 and determine the relevant offence
to which the application relates; or
(b) if an application is made after the
sentencing of the operator for a
relevant offence, the Magistrates'
25 Court;
relevant offence means an offence against
section 22;
safe landing place means a landing place at
which it is safe to immobilise the
30 relevant vessel for the balance of the
designated period, taking into account
the weather conditions and facilities
available during the designated period;
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Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
search and seizure warrant means a warrant
issued under section 62ZH(1);
senior police officer means a member of the
police force of or above the rank of
5 Inspector.
(2) For the purposes of an application for an
impoundment or immobilisation order or a
forfeiture order, charges for more than one
relevant offence arising out of the same
10 single set of circumstances are to be treated
as a charge for one relevant offence.
(3) For the purposes of subsection (2), a single
set of circumstances is constituted by one
continuous period during which a person
15 continues to operate or be in charge of a
recreational vessel.
62B Part does not affect other penalties
The impoundment, immobilisation or
forfeiture of a vessel under this Part arising
20 out of the commission of a relevant offence
is in addition to, and does not limit or
otherwise affect, any penalty that may be
imposed on the person for the relevant
offence other than under this Part.
25 62C Part has prospective application
This Part applies only to relevant offences
committed on or after the commencement of
section 5 of the Transport Legislation
Amendment (Hoon Boating and Other
30 Amendments) Act 2009.
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Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
Division 2--Impoundment or immobilisation of
recreational vessels
62D Powers of police
(1) If a member of the police force believes on
5 reasonable grounds that a recreational vessel
is being or has been used in the commission
of a relevant offence, he or she may--
(a) seize the recreational vessel or require
it to be surrendered;
10 (b) impound the recreational vessel for the
designated period;
(c) immobilise the recreational vessel for
the designated period;
(d) authorise any person under section 62H
15 to assist in seizing, impounding or
immobilising the recreational vessel.
(2) If a member of the police force has exercised
a power to seize, impound or immobilise a
recreational vessel under this Division in
20 relation to a particular relevant offence and
the recreational vessel has since been
released--
(a) the power to seize, impound or
immobilise that recreational vessel
25 under this Division for that particular
relevant offence may not be exercised
again; and
(b) an embargo notice must not be issued
in respect of the recreational vessel for
30 that particular relevant offence; and
(c) a prohibition direction must not be
issued to the operator of the vessel at
the time of the particular relevant
offence in respect of that offence.
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Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
(3) For the purposes of this section--
embargo notice means a notice under
section 112D;
prohibition direction means a direction to a
5 person under section 112E.
62E Seizure of recreational vessel
(1) For the purposes of impounding or
immobilising a recreational vessel under this
Part, a member of the police force may seize
10 the recreational vessel--
(a) from a public place; or
(b) from a place that is not a public place
with the consent of the owner or
occupier of that place; or
15 (c) from a place that is not a public place
with a search and seizure warrant.
(2) The period within which a recreational
vessel may be seized under subsection (1)
is--
20 (a) in the case of seizure from a public
place or a place that is not a public
place with the consent of the owner or
occupier of that place--
(i) 48 hours after the alleged
25 commission of the relevant
offence; or
(ii) if a notice is served under
section 62F(1), 10 days after the
expiry of the period specified in
30 that notice; or
(b) in the case of seizure from a place that
is not a public place under a search and
seizure warrant, the period specified in
that warrant.
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Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
(3) In order to seize a recreational vessel under
subsection (1), a member of the police force
may--
(a) board or enter the recreational vessel,
5 using reasonable force if necessary;
(b) operate or move the recreational vessel
by any reasonable means, including,
but not limited to, by trailer, motor
vehicle or vessel;
10 (c) if, after having taken reasonable steps
to obtain the keys, the keys are not
available, cause any locking device or
other feature of the recreational vessel
that is impeding the seizure of the
15 recreational vessel to be removed,
dismantled or neutralised;
(d) seize, operate or move a trailer, motor
vehicle or other thing on which the
recreational vessel is resting or by
20 which the recreational vessel is
transported by the operator, owner or
registered person.
62F Surrender of recreational vessel
(1) If a member of the police force believes on
25 reasonable grounds that a recreational vessel
has been used in the commission of a
relevant offence, he or she may serve a
notice on the registered person or owner of
the recreational vessel requiring the
30 surrender of the recreational vessel.
(2) A notice served under subsection (1) must--
(a) be served within 10 days of the member
of the police force forming the belief
that the recreational vessel has been
35 used in the commission of a relevant
offence; and
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Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
(b) specify a period within which the
recreational vessel must be surrendered
which must not commence less than
7 days after the notice is served.
5 (3) Service of a notice under subsection (1) may
be effected--
(a) by serving it personally on the owner or
registered person of the recreational
vessel or, if that person is a company,
10 on a director, secretary or other officer
of the company; or
(b) by posting it, addressed to the person,
to the registered address or the
residential address of the owner or
15 registered person of the recreational
vessel.
(4) A notice under subsection (1) must
include--
(a) a statement by a member of the police
20 force that the recreational vessel is
liable to impoundment or
immobilisation because that member
believes on reasonable grounds that the
recreational vessel was used in the
25 commission of a relevant offence; and
(b) a statement of the nature of the relevant
offence and the date and time when the
relevant offence is alleged to have been
committed; and
30 (c) the name of the operator of the
recreational vessel who is alleged to
have committed the relevant offence;
and
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Bill 2009
Part 2--Amendment of the Marine Act 1988
s. 5
(d) the date, time and place at which the
recreational vessel is required to be
surrendered to a member of police
personnel; and
5 (e) a statement that if the recreational
vessel is not surrendered at the date,
time and place specified in the notice a
member of the police force may seize
the recreational vessel in accordance
10 with section 62E; and
(f) the prescribed particulars (if any).
(5) An owner or registered person served with a
notice under subsection (1) must comply
with the notice, unless the owner or
15 registered person has a reasonable excuse.
Penalty: 60 penalty units.
(6) If the recreational vessel is not surrendered
to a member of police personnel at the date,
time and place specified in a notice served
20 under subsection (1), a member of the police
force may, within 10 days after the period
specified in the notice expires, exercise any
power under section 62D or 62E to seize the
recreational vessel.
25 62G Impoundment or immobilisation of a
recreational vessel
If a recreational vessel is seized or
surrendered in accordance with this Division,
a member of the police force may do any one
30 or more of the following--
(a) move, or cause to be moved, the
recreational vessel to a holding yard by
any reasonable means and impound it
there for the balance of the designated
35 period;
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(b) move, or cause to be moved, a trailer,
motor vehicle or other thing by which
the recreational vessel is transported by
the operator, owner or registered person
5 or on which the recreational vessel is
resting to a holding yard and impound
it there for the balance of the
designated period;
(c) cause the recreational vessel to be
10 immobilised at a safe landing place or
on land or on anything on land
(including, but not limited to, a trailer)
for the balance of the designated
period;
15 (d) cause a trailer or other thing on which
the recreational vessel is resting to be
immobilised for the balance of the
designated period;
(e) do anything else reasonably necessary
20 to impound or immobilise the
recreational vessel.
62H Authorised persons
In exercising powers under section 62E, 62G
or 62ZC, a member of the police force may
25 authorise any person to assist him or her to--
(a) board or enter a recreational vessel,
using reasonable force if necessary;
(b) if the recreational vessel is on water--
(i) operate or move a recreational
30 vessel by any reasonable means
including, but not limited to, by
towing vessel;
(ii) move the recreational vessel onto
land or onto a trailer, motor
35 vehicle or other thing on land;
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s. 5
(c) if the recreational vessel is on land or
on any thing that is on land, move by
any reasonable means including, but
not limited to, by means of a trailer or
5 towing vehicle--
(i) the recreational vessel; or
(ii) a trailer, motor vehicle or other
thing by which the recreational
vessel is transported by the
10 operator, owner or registered
person or on which the
recreational vessel is resting--
in order to move the recreational vessel
to a holding yard;
15 (d) cause any locking device or other
feature of the recreational vessel that is
impeding the exercise of powers under
this Part to be removed, dismantled or
neutralised;
20 (e) operate or move a trailer, vessel, motor
vehicle or other thing on which the
recreational vessel is resting or by
which the recreational vessel is
transported by the operator, owner or
25 registered person;
(f) cause a recreational vessel to be
immobilised at a safe landing place or
on land by any reasonable means
including, but not limited to, by
30 immobilising a trailer or other thing on
which the recreational vessel is resting;
(g) store a recreational vessel and, if
applicable, a trailer or other thing on
which the recreational vessel is resting,
35 in a holding yard;
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(h) release a recreational vessel and, if
applicable, a trailer or other thing on
which the recreational vessel is resting,
when authorised by a member of the
5 police force to do so.
62I Notice to operator, owner or registered
person
(1) As soon as is reasonably practicable after a
recreational vessel is impounded or
10 immobilised under section 62G, a member of
the police force must serve written notice of
the impoundment or immobilisation on--
(a) the operator of the recreational vessel;
and
15 (b) the registered person of the recreational
vessel, if he or she is not the person
referred to in paragraph (a); and
(c) the owner of the recreational vessel, if
he or she is not a person referred to in
20 paragraph (a) or (b).
(2) A person who--
(a) is an owner or registered person of a
recreational vessel in relation to which
a notice under subsection (1) has been
25 served; and
(b) who does not have an interest or the
sole interest in that recreational
vessel--
must, as soon as is reasonably practicable,
30 take reasonable steps to serve a copy of the
notice on any person who he or she is aware
has an interest in the recreational vessel.
Note
See section 62ZY for how a notice may be served.
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62J Content of notice
A notice under section 62I must be in a form
approved by the Chief Commissioner of
Police and must state--
5 (a) the operator's name; and
(b) the identification mark of the
recreational vessel; and
(c) the engine number and the length,
breadth and colour of the recreational
10 vessel; and
(d) the date and time when the recreational
vessel was impounded or immobilised;
and
(e) the date of the relevant offence in
15 respect of which the recreational vessel
has been impounded or immobilised;
and
(f) the date and time when the recreational
vessel is eligible for release; and
20 (g) the process by which the impounded or
immobilised recreational vessel may be
released, including--
(i) the location of the recreational
vessel; and
25 (ii) the designated costs payable; and
(iii) if relevant, the contact details of
the person who can release an
immobilised recreational vessel;
and
30 (iv) that satisfactory evidence of the
entitlement of a person seeking to
have the recreational vessel
released may be required before
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the recreational vessel will be
released; and
(h) that if a charge-sheet is filed containing
a charge for a relevant offence and the
5 operator has committed one or more
previous relevant offences since the
commencement of section 5 of the
Transport Legislation Amendment
(Hoon Boating and Other
10 Amendments) Act 2009, the Chief
Commissioner of Police may, under
section 62S, apply to the relevant court
for an impoundment or immobilisation
order under section 62Q or a forfeiture
15 order under section 62R; and
(i) if applicable, that a trailer, motor
vehicle or other thing has been
impounded or immobilised under
section 62G for the purposes of
20 impounding or immobilising the
recreational vessel; and
(j) any other prescribed particulars.
62K Review by a senior police officer
(1) A member of the police force who impounds
25 or immobilises a recreational vessel under
section 62G, or who authorises another
person to do so, must, as soon as is
practicable and in any event within 48 hours
after the recreational vessel is impounded or
30 immobilised, notify a senior police officer of
the grounds on which he or she relied in
forming the belief that the recreational vessel
was used in the commission of a relevant
offence.
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(2) A senior police officer who is notified in
accordance with subsection (1) must make
inquiries into the circumstances of the
impoundment or immobilisation and if, after
5 making those inquiries, he or she is not
satisfied that there were reasonable grounds
to impound or immobilise the recreational
vessel, must ensure that the recreational
vessel is released and returned to the owner
10 or registered person as soon as is practicable.
62L Release of recreational vessel by Victoria
Police
(1) A recreational vessel impounded or
immobilised under section 62G must be
15 released to the owner, registered person or
any other person entitled to possession as
soon as is practicable if--
(a) a member of the police force is satisfied
that, at the time the relevant offence
20 was committed, the recreational vessel
used in the commission of the relevant
offence was stolen; or
(b) under section 62K a senior police
officer is not satisfied that there were
25 reasonable grounds to impound or
immobilise the recreational vessel; or
(c) a senior police officer considers it
reasonable or necessary to release the
recreational vessel; or
30 (d) the Magistrates' Court has made an
order under section 62M(3).
(2) If a recreational vessel is released in
accordance with subsection (1)(a) or (b) the
Crown is liable to pay the designated costs.
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(3) A senior police officer may, at his or her
discretion, waive the designated costs if a
recreational vessel is released in accordance
with subsection (1)(c).
5 (4) If--
(a) a recreational vessel is released without
any designated costs payable by a
person seeking the release of the
recreational vessel in accordance with
10 this section; and
(b) the operator is subsequently found
guilty of the relevant offence for which
the recreational vessel was impounded
or immobilised--
15 the Chief Commissioner of Police may apply
to the relevant court for an order that the
operator pay to the Chief Commissioner of
Police the designated costs.
62M Appeal rights
20 (1) If a recreational vessel is impounded or
immobilised under section 62G, a person
whose interests are substantially affected by
the impoundment or immobilisation may
apply to the Magistrates' Court for an order
25 that the recreational vessel be released on the
ground that the impoundment or
immobilisation is causing, or will cause,
exceptional hardship to the applicant or any
other person.
30 (2) An application under subsection (1) may be
made at any time while the recreational
vessel remains impounded or immobilised,
including when the impoundment or
immobilisation continues for longer than the
35 designated period as a result of non-payment
of the designated costs.
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(3) On an application made under subsection (1),
the Magistrates' Court may make an order
that a recreational vessel impounded or
immobilised under this Part be released to a
5 specified person if the Court is satisfied that
the impoundment or immobilisation is
causing, or will cause, exceptional hardship
to the applicant or any other person.
(4) If the Magistrates' Court makes an order
10 under subsection (3), it may order that the
applicant is not liable to pay all or part of the
designated costs.
62N Offences
(1) A person must not, except in accordance
15 with this Part or section 99A or 99B, move
an impounded or immobilised recreational
vessel or tamper with any equipment used to
immobilise a recreational vessel.
Penalty: 60 penalty units.
20 (2) It is not an offence under subsection (1) to
move an impounded or immobilised
recreational vessel or tamper with any of
equipment used to immobilise a recreational
vessel--
25 (a) if the impounded or immobilised
recreational vessel is obstructing access
to any property and it is necessary to
move the recreational vessel to protect
any person or property from a risk of
30 imminent harm; or
(b) to protect the recreational vessel from a
risk of imminent harm; or
(c) to comply with a direction made under
this Act by the harbour master, the
35 Director, a member of the police force
or an authorised officer.
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(3) A person must not obstruct or hinder a
member of the police force in the valid
exercise of a power under this Part.
Penalty: 60 penalty units.
5 62O Recovery of recreational vessel
(1) A recreational vessel impounded or
immobilised under section 62G must be
released to the owner, registered person or
any other person entitled to possession of
10 it--
(a) subject to the provisions of this Part, on
the expiration of the designated period;
and
(b) on the payment of the designated costs;
15 and
(c) on provision of satisfactory evidence,
as prescribed, of that person's identity
and his or her entitlement to recover the
recreational vessel; and
20 (d) subject to satisfactory compliance with
the prescribed particulars (if any).
(2) If no decision or order to release the
recreational vessel has been made under
section 62L or 62M, a member of the police
25 force or an authorised person may--
(a) retain possession of an impounded
recreational vessel; or
(b) continue to immobilise a recreational
vessel--
30 in accordance with this Part until the
designated costs are paid, even if the period
during which the recreational vessel is
impounded or immobilised is longer than the
designated period.
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62P Crown to pay costs if operator found not
guilty or charges not proceeded with
If--
(a) the operator of a recreational vessel is
5 subsequently found not guilty of the
relevant offence in respect of which the
recreational vessel was impounded or
immobilised; or
(b) no charge-sheet is filed containing a
10 charge for a relevant offence or such a
charge-sheet is filed but not proceeded
with within 12 months after the
recreational vessel was impounded or
immobilised--
15 then--
(c) the Crown is liable to refund any
designated costs paid by any person; or
(d) the recreational vessel, if not already
recovered by the owner, registered
20 person or any other person entitled to
possession of it, must be immediately
released without any designated costs
payable by the person seeking recovery
of the recreational vessel.
25 Division 3--Impoundment, immobilisation or
forfeiture of recreational vessels by court order
62Q Impoundment or immobilisation order
(1) On the application of the Chief
Commissioner of Police under
30 section 62S(1), if an operator is found guilty
of a relevant offence the relevant court may
order that the recreational vessel used in the
commission of the relevant offence be
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impounded or immobilised for a period of up
to 3 months.
(2) An order under subsection (1) must not be
made unless the relevant court is satisfied--
5 (a) that the operator has been found guilty
of one other relevant offence
committed in the period of 3 years
before the commission of the relevant
offence and on or after the
10 commencement of section 5 of the
Transport Legislation Amendment
(Hoon Boating and Other
Amendments) Act 2009; and
(b) that at the time the relevant offence was
15 committed the recreational vessel was
not--
(i) a stolen recreational vessel; or
(ii) being used in any prescribed
circumstances.
20 (3) An order made under subsection (1) must
specify the time and place at which the
owner or registered person of the
recreational vessel is required to surrender
the recreational vessel to a member of police
25 personnel.
(4) The owner or registered person of the
recreational vessel must not, without
reasonable excuse, fail to surrender the
recreational vessel at the time and place
30 specified in the order made under
subsection (1).
Penalty: 60 penalty units.
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62R Forfeiture order
(1) On the application of the Chief
Commissioner of Police under
section 62S(1), if an operator is found guilty
5 of a relevant offence the relevant court may
order that the recreational vessel used in the
commission of the relevant offence be
forfeited to the Crown.
(2) An order under subsection (1) may only be
10 made if the relevant court is satisfied--
(a) that the accused has been found guilty
of 2 or more other relevant offences
committed in the period of 3 years
before the commission of the relevant
15 offence and on or after the
commencement of section 5 of the
Transport Legislation Amendment
(Hoon Boating and Other
Amendments) Act 2009; and
20 (b) that at the time the relevant offence was
committed the recreational vessel was
not--
(i) a stolen recreational vessel; or
(ii) being used in any prescribed
25 circumstances.
(3) An order made under subsection (1) must
specify the time and place at which the
owner or registered person of the
recreational vessel is required to surrender
30 the recreational vessel to a member of police
personnel.
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(4) The owner or registered person of the
recreational vessel must not, without
reasonable excuse, fail to surrender the
recreational vessel at the time and place
5 specified in the order made under
subsection (1).
Penalty: 60 penalty units.
62S Application for an impoundment or
immobilisation order or a forfeiture order
10 (1) The Chief Commissioner of Police may
make an application for an impoundment or
immobilisation order or a forfeiture order to
the relevant court if the Chief Commissioner
believes on reasonable grounds that--
15 (a) the recreational vessel--
(i) was used in the commission of the
relevant offence; and
(ii) at the time the relevant offence
was committed, was not stolen or
20 used in prescribed circumstances;
and
(b) the operator has been found guilty of
another relevant offence or other
relevant offences (as the case requires)
25 committed within the period of 3 years
before the commission of the relevant
offence and on or after the
commencement of section 5 of the
Transport Legislation Amendment
30 (Hoon Boating and Other
Amendments) Act 2009.
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(2) An application under subsection (1) may be
made at any time after a charge-sheet is filed
charging a relevant offence, but may not be
made later than 28 days after the operator is
5 sentenced for that relevant offence.
62T Notice of application
(1) If the Chief Commissioner of Police intends
to make an application under section 62S(1),
he or she must, at least 28 days before
10 making the application, serve notice of the
intended application on--
(a) the operator of the recreational vessel in
respect of which an application is to be
made; and
15 (b) the registered person of the recreational
vessel, if he or she is not the person
referred to in paragraph (a); and
(c) the owner of the recreational vessel, if
he or she is not a person referred to in
20 paragraph (a) or (b); and
(d) any person who the Chief
Commissioner of Police is aware has an
interest in the recreational vessel; and
(e) the Director.
25 Note
See section 62ZY for how a notice may be served.
(2) A person who--
(a) is notified under subsection (1)(a), (b)
or (c); and
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(b) who does not have an interest or the
sole interest in the recreational vessel in
relation to which the application in the
notice is to be made--
5 must, as soon as is reasonably practicable,
take reasonable steps to serve a copy of the
notice on any person who he or she is aware
has an interest in the recreational vessel.
(3) A notice under subsection (1) must specify
10 the recreational vessel in respect of which an
order is to be sought.
(4) A notice served under subsection (1) must
state--
(a) that if the operator is found guilty of a
15 relevant offence, an application for an
impoundment or immobilisation order
or a forfeiture order will be made by the
Chief Commissioner of Police in
respect of the recreational vessel
20 specified in the notice; and
(b) the identification mark of the
recreational vessel; and
(c) that a person named in the notice may
appear before the relevant court at the
25 hearing of the application and show
cause why the order should not be
made; and
(d) that the person on whom the notice is
served must not sell or otherwise
30 dispose of his or her interest in the
relevant recreational vessel without the
approval of the relevant court.
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62U Interest in recreational vessel not to be
transferred
(1) A person on whom a notice is served under
section 62T(1) must not, before the
5 application referred to in the notice is made
and determined, or if an impoundment or
immobilisation order or a forfeiture order is
made, before the recreational vessel is seized
under this Part, without the approval of the
10 relevant court, sell or otherwise dispose of
any interest in the recreational vessel that is
the subject of the notice.
Penalty: 60 penalty units.
(2) Subsection (1) ceases to apply if--
15 (a) the operator is found not guilty of the
relevant offence for which the
application is made; or
(b) the Chief Commissioner of Police does
not make the application referred to in
20 the notice within 28 days after the
operator is sentenced for a relevant
offence; or
(c) the charge for that relevant offence is
withdrawn.
25 62V Notice in case of 2 or more charges
(1) If an operator has been charged with 2 or
more relevant offences, the Chief
Commissioner of Police may, before the
charges are heard or determined, serve a
30 notice on--
(a) the operator of the recreational vessel;
and
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(b) the registered person of the recreational
vessel in respect of which an order is to
be sought, if he or she is not the person
referred to in paragraph (a); and
5 (c) the owner of the recreational vessel in
respect of which an order is to be
sought, if he or she is not the person
referred to in paragraph (a) or (b); and
(d) any person who the Chief
10 Commissioner of Police is aware has an
interest in the recreational vessel in
respect of which an order is to be
sought; and
(e) the Director.
15 (2) If a person notified under subsection (1)(a),
(b) or (c) does not have an interest or the sole
interest in the recreational vessel, he or she
must, as soon as is reasonably practicable,
take reasonable steps to serve a copy of the
20 notice under subsection (1) on any person
who he or she is aware has an interest in the
recreational vessel.
(3) A notice served under subsection (1) must--
(a) specify the recreational vessel in
25 respect of which an order is to be
sought; and
(b) state that the Chief Commissioner of
Police intends to make an application
under section 62S for an impoundment
30 or immobilisation order or a forfeiture
order in relation to the recreational
vessel if the operator is convicted of
more than one of the relevant offences
in respect of which the operator has
35 been charged; and
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(c) state that a person named in the notice
may, if the Chief Commissioner makes
the application, appear before the
relevant court at the hearing of the
5 application and show cause why the
order should not be made; and
(d) state that the person on whom the
notice is served must not sell or
otherwise dispose of his or her interest
10 in the recreational vessel without the
approval of the relevant court.
(4) A person on whom a notice is served under
subsection (1) must not, without the approval
of the relevant court, before the application
15 referred to in the notice is made and
determined or, if an impoundment or
immobilisation order or a forfeiture order is
made, before the recreational vessel is seized
under this Part, sell or otherwise dispose of
20 any interest in the recreational vessel that is
the subject of the notice.
Penalty: 60 penalty units.
(5) Subsection (4) ceases to apply if--
(a) the operator is found not guilty of one
25 or more relevant offences which results
in the operator being subject to only
one remaining charge for a relevant
offence; or
(b) the Chief Commissioner of Police does
30 not make the application referred to in
the notice within 28 days after the
operator is sentenced for the second or
third relevant offence; or
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(c) the charges for one or more of the
relevant offences specified in the notice
are withdrawn which results in the
operator being subject to only one
5 remaining charge for a relevant offence.
62W Direction not to transfer registration or
register recreational vessel
(1) Within 7 days after service of a notice under
section 62T(1) or 62V(1), the Chief
10 Commissioner of Police must direct the
Director--
(a) not to transfer the registration of the
recreational vessel that is the subject of
the notice from the registered person to
15 another person; or
(b) not to register (other than by way of
renewal) the recreational vessel that is
the subject of the notice, unless the
recreational vessel is to be registered in
20 the name of the person who was the
most recent registered person of that
recreational vessel--
until the Chief Commissioner notifies the
Director that the direction has ceased in
25 accordance with subsection (3).
(2) Subsection (1) applies whether or not an
actual application for transfer of registration
or registration has been made.
(3) The Chief Commissioner of Police must
30 notify the Director that the direction not to
transfer registration or register under
subsection (1) has ceased when any of the
following occurs--
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(a) if a notice is served under
section 62T(1)--
(i) the operator is found not guilty of
the relevant offence for which the
5 application specified in the notice
is made;
(ii) the Chief Commissioner of Police
does not make the application
referred to in the notice within
10 28 days after the operator is
sentenced for a relevant offence;
(iii) the charge for the relevant offence
specified in the notice is
withdrawn and no other charge-
15 sheet is filed charging for any
other relevant offence arising out
of the same single set of
circumstances;
(b) if a notice is served under
20 section 62V(1)--
(i) the operator is found not guilty of
one or more relevant offences
which results in the operator being
subject to only one remaining
25 charge for a relevant offence;
(ii) the Chief Commissioner of Police
does not make the application
referred to in the notice within
28 days after the operator is
30 sentenced for the second or third
relevant offence;
(iii) the charges for one or more of the
relevant offences specified in the
notice are withdrawn which
35 results in the operator being
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subject to only one remaining
charge for a relevant offence;
(c) the court hearing the application
declines to make an impoundment or
5 immobilisation order or a forfeiture
order;
(d) the court sets aside an impoundment or
immobilisation order or a forfeiture
order under section 62ZA;
10 (e) an impoundment or immobilisation
order or a forfeiture order is quashed,
set aside on appeal or, as a result of a
conviction for a relevant offence being
set aside on appeal, the order ceases to
15 have effect;
(f) the period of impoundment or
immobilisation specified in an
impoundment or immobilisation order
ends;
20 (g) a forfeiture order becomes effective and
a member of the police force or an
authorised person takes possession of
the recreational vessel that is the
subject of the forfeiture order.
25 Note
Section 62ZB sets out when an order takes effect.
62X Director not to transfer registration or
register recreational vessel
(1) If directed by the Chief Commissioner of
30 Police under section 62W, and until notified
by the Chief Commissioner under that
section that the direction has ceased, the
Director must not--
(a) transfer the registration of the
35 recreational vessel that is the subject of
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a notice served under section 62T(1) or
62V(1) from the registered person to
another person; or
(b) register (other than by way of renewal)
5 the recreational vessel that is the
subject of a notice served under
section 62T(1) or 62V(1), unless the
recreational vessel is to be registered in
the name of the person who was the
10 most recent registered person of that
recreational vessel.
(2) If the Chief Commissioner of Police gives a
direction under section 62W(1) in respect of
a recreational vessel, the Director must send
15 to the registered person a notice advising that
no transfer of registration will occur in
relation to that recreational vessel until the
Chief Commissioner gives notification under
section 62W(3).
20 62Y Cessation of direction under this Act does
not affect any suspension
The cessation of a direction not to transfer
the registration of, or register, a recreational
vessel under this Part does not affect the
25 suspension of that registration under any
other Act or law.
62Z Hearing of application
(1) The relevant court hearing an application for
an impoundment or immobilisation order or
30 a forfeiture order--
(a) must allow any person served with a
notice under section 62T(1) or 62V(1)
to be heard at the hearing of the
application and to show cause why an
35 impoundment or immobilisation order
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or a forfeiture order should not be
made; and
(b) may allow any other person to be heard
if the court is satisfied that an
5 impoundment or immobilisation order
or a forfeiture order may substantially
affect that person's interests.
(2) The court must not make an impoundment or
immobilisation order or a forfeiture order if
10 the owner or registered person of the
recreational vessel that was used in the
commission of the relevant offence can
prove to the court's satisfaction that the
relevant offence was committed without the
15 knowledge or consent of the owner or
registered person.
(3) The court may decline to make an
impoundment or immobilisation order or a
forfeiture order if the court is satisfied that
20 such an order would cause exceptional
hardship to any person.
(4) If the court makes an impoundment or
immobilisation order, the Chief
Commissioner of Police must notify the
25 operator and the owner or registered person
that if the recreational vessel is not collected
or released within two months after the
recreational vessel was impounded or
immobilised the Chief Commissioner of
30 Police may sell or otherwise dispose of the
recreational vessel and any item or thing left
in or on the recreational vessel.
Note
Section 62ZQ provides that the Chief Commissioner of
35 Police must give 14 days notice of any intention to sell or
dispose of a recreational vessel or item or thing left in or on
the recreational vessel.
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62ZA Application for variation of order
(1) A person whose interests are substantially
affected by an impoundment or
immobilisation order or a forfeiture order
5 may apply to the court that made the order
for variation of the order if the applicant can
demonstrate--
(a) that since the impoundment or
immobilisation order or forfeiture order
10 was made the applicant's circumstances
have changed; and
(b) that the impoundment or
immobilisation order or forfeiture order
is causing, or will cause, exceptional
15 hardship to the applicant or any other
person.
(2) An application under subsection (1) to vary
an impoundment or immobilisation order
may be made at any time while the
20 recreational vessel is impounded or
immobilised.
(3) An application under subsection (1) to vary a
forfeiture order may be made at any time
while the recreational vessel is vested in the
25 Crown.
(4) The court may make an order varying an
impoundment or immobilisation order or a
forfeiture order in any way, including, but
not limited to--
30 (a) setting aside the impoundment or
immobilisation order or forfeiture
order; or
(b) reducing the amount of time that the
recreational vessel is subject to
35 impoundment or immobilisation.
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62ZB When order takes effect
(1) An impoundment or immobilisation order or
a forfeiture order becomes effective on--
(a) the expiration of the appeal period for
5 the operator's conviction of the relevant
offence; or
(b) the expiration of the appeal period for a
sentencing order or sentence made
following that conviction--
10 whichever is the later.
(2) If a conviction for a relevant offence is set
aside on appeal, an impoundment or
immobilisation order or a forfeiture order is
of no effect.
15 (3) If a person convicted of a relevant offence
applied for leave to appeal against the
conviction for the relevant offence or the
making of an impoundment or
immobilisation order or a forfeiture order
20 after the end of the relevant appeal period
and such leave is granted, the appeal
operates as a stay of the impoundment or
immobilisation order or forfeiture order and
any recreational vessel impounded or
25 immobilised or otherwise in the possession
of the Crown must be released to the owner
or registered person.
(4) If a recreational vessel subject to a forfeiture
order is no longer in the possession of the
30 Crown and the conviction for the relevant
offence, or the forfeiture order, is set aside
on appeal, the Crown must pay to the
appellant and any other person with an
interest in the recreational vessel an amount
35 commensurate with the value of the
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appellant's or other person's interest in the
recreational vessel.
(5) Any amount to be paid under subsection (4)
is to be paid out of the proceeds (if any) of
5 the sale of the recreational vessel.
(6) A person with an interest in the recreational
vessel may make an application to the
Magistrates' Court for an order that
compensation be paid in accordance with
10 subsection (4) and the Court may make
either or both of the following orders--
(a) an order that compensation be paid to
that person commensurate with the
value of the person's interest in the
15 recreational vessel;
(b) an order that the costs incurred by the
Crown in executing the forfeiture order
may be retained by the Crown out of
the proceeds of the sale of the
20 recreational vessel.
62ZC Police powers
A member of the police force acting under
an impoundment or immobilisation order or
a forfeiture order made under this Part has,
25 and may exercise the same powers to seize
the recreational vessel and impound or
immobilise it as are specified in sections
62E(1) and (3) and 62G.
62ZD Liability for costs of impoundment or
30 immobilisation
If a court makes an impoundment or
immobilisation order, the recreational vessel
must not be released from impoundment or
immobilisation until the designated costs are
35 paid by the person seeking to collect or
release the recreational vessel.
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62ZE Ownership rights
If a person is not the registered person of a
recreational vessel, but can prove ownership
of the recreational vessel to a court
5 exercising powers under this Part, that
person may make any application or exercise
any right that a registered person may make
or exercise under this Part.
62ZF Third party protection from forfeiture
10 order
(1) A person, other than the operator, who did
not appear at the hearing of an application
for a forfeiture order and has an interest in
the recreational vessel subject to a forfeiture
15 order may apply to the court that made the
forfeiture order for an order that--
(a) if ownership of the recreational vessel
is vested in the Crown--
(i) ownership of the recreational
20 vessel be transferred to the
applicant, if the applicant had,
immediately before the forfeiture
order was made, full ownership of
the recreational vessel; or
25 (ii) if the applicant had part ownership
of the recreational vessel
immediately before the forfeiture
order was made, the recreational
vessel be sold and the Crown pay
30 to the applicant and any other
person with an interest in the
recreational vessel an amount
commensurate with the value of
his or her interest in the
35 recreational vessel; or
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(b) if the recreational vessel has been sold
or otherwise disposed of, the Crown
pay to the applicant an amount
commensurate with the value of the
5 applicant's interest in the recreational
vessel.
(2) Leave of the court that made the forfeiture
order is required to bring an application
under subsection (1) if--
10 (a) the person was served with a notice of
the application for a forfeiture order
under section 62T(1) or 62V(1); or
(b) six months or more have elapsed since
the date the forfeiture order was made.
15 (3) The court may only grant leave under
subsection (2)(b) if it is satisfied that the
delay in making the application was not due
to the applicant's neglect.
(4) On an application under subsection (1), the
20 court may make an order--
(a) declaring the nature, extent and, if
necessary for the order, the value (at the
time the declaration is made) of the
applicant's interest in the recreational
25 vessel immediately before the forfeiture
order was made; and
(b) directing the Crown--
(i) if the recreational vessel is vested
in the Crown and the applicant
30 had full ownership of the
recreational vessel immediately
before the forfeiture order was
made, to transfer ownership of the
recreational vessel to the
35 applicant; or
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(ii) if the recreational vessel is no
longer vested in the Crown, or if
the applicant did not have full
ownership of the recreational
5 vessel immediately before the
forfeiture order was made, to pay
to the applicant the value of the
applicant's interest in the
recreational vessel.
10 (5) The court may only make an order under
subsection (4) if it is satisfied that--
(a) the applicant would have, apart from
the forfeiture order, a relevant interest
in the recreational vessel; and
15 (b) the relevant offence occurred without
the knowledge or consent of the
applicant.
(6) Any amount to be paid under this section is
to be paid out of the proceeds (if any) of the
20 sale of the recreational vessel.
Division 4--Search and seizure warrants
62ZG Application for search and seizure
warrant
(1) A member of the police force may apply to a
25 magistrate for a search and seizure warrant to
be issued under this Division in respect of a
recreational vessel if--
(a) the recreational vessel is subject to an
impoundment or immobilisation order
30 and has not been surrendered to a
member of the police force; or
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(b) the recreational vessel is subject to a
forfeiture order and has not been
surrendered to a member of the police
force; or
5 (c) in accordance with section 62D, a
member of the police force believes on
reasonable grounds that the recreational
vessel has been used in the commission
of a relevant offence and the
10 application is made within 48 hours
after the alleged commission of the
relevant offence; or
(d) a member of the police force is
empowered under section 62F(6) to
15 seize the recreational vessel.
(2) An application under this section may only
be made if the applicant believes on
reasonable grounds that the recreational
vessel is, or may be within the next 72 hours,
20 in or at a specified premises or place,
including, but not limited to, a landing place.
(3) An application for a search and seizure
warrant must be made in writing.
(4) A magistrate must not issue a search and
25 seizure warrant unless--
(a) the application for the warrant sets out
the grounds on which the warrant is
sought; and
(b) the applicant has given the magistrate,
30 either orally or in writing, any further
information that the magistrate requires
concerning the grounds on which the
warrant is sought; and
(c) the information given by the applicant
35 is verified before the magistrate on oath
or affirmation or by affidavit.
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62ZH Search and seizure warrant
(1) A magistrate to whom an application is made
under section 62ZG, if satisfied that there are
reasonable grounds for believing the matters
5 set out in the application, may issue a
warrant to the person or persons named in
the warrant to enter the specified premises or
place and search for and seize the
recreational vessel specified in the warrant.
10 (2) A warrant issued under subsection (1) may
authorise the person or persons named in the
warrant to--
(a) enter the premises or place specified in
the warrant; and
15 (b) search for the recreational vessel
specified in the warrant; and
(c) use reasonable force to break into or
open any structure on or at the premises
or place specified in the warrant that
20 may store the recreational vessel
specified in the warrant; and
(d) seize and impound or immobilise the
recreational vessel specified in the
warrant, using any or all of the powers
25 specified in sections 62E(3) and 62G.
(3) A warrant issued under subsection (1)
must--
(a) state the purpose for which the warrant
is issued; and
30 (b) give a description of the recreational
vessel authorised for seizure; and
(c) give the address or other description of
the premises or place in respect of
which the warrant is issued.
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(4) Every warrant issued under this section must
be in the prescribed form.
62ZI Record of proceedings for search and
seizure warrant
5 (1) A magistrate who issues a search and seizure
warrant must cause a record to be made of all
relevant particulars of the grounds he or she
has relied on to justify the issue of the
warrant.
10 (2) The magistrate may decline to record any
matter that might disclose the identity of a
person if the magistrate believes on
reasonable grounds that to do so might
jeopardise the safety of any person.
15 62ZJ Announcement before entry
On executing a search and seizure warrant,
the person executing the warrant must--
(a) announce that he or she is authorised by
the warrant to enter the premises or
20 place; and
(b) give any person at the premises or place
an opportunity to allow entry to the
premises or place before force is used
to enter the premises or place.
25 62ZK Copy of search and seizure warrant to be
given to occupier
A person executing a search and seizure
warrant must--
(a) if the occupier is present at the
30 premises or place where the warrant is
being executed, identify himself or
herself to the occupier and give the
occupier a copy of the warrant; or
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(b) if the occupier is not present at the
premises or place where the warrant is
being executed, identify himself or
herself to any other person at the
5 premises or place and give that person a
copy of the warrant.
62ZL Use of assistants to execute search and
seizure warrant
A person executing a search and seizure
10 warrant may do so with the aid of any
assistants that the person considers
reasonably necessary to achieve the purpose
for which the warrant was issued.
62ZM Application of Magistrates' Court
15 Act 1989
Except to the extent that a contrary intention
appears in this Division, the provisions to be
observed with respect to search warrants in
the Magistrates' Court Act 1989 extend
20 and apply to search and seizure warrants
under this Division.
62ZN Expiry of search and seizure warrant
(1) A search and seizure warrant ceases to have
effect if it is recalled and cancelled by the
25 magistrate who issued it.
(2) If subsection (1) does not apply, a search and
seizure warrant ceases to have effect--
(a) at the end of the period of one month
after its issue; or
30 (b) when it is executed--
whichever occurs first.
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62ZO Report on execution of search and seizure
warrant
(1) The person to whom a search and seizure
warrant is issued must give a report to the
5 registrar of the Magistrates' Court--
(a) stating whether or not the warrant was
executed; and
(b) if the warrant was executed, setting out
briefly the result of the execution of the
10 warrant; and
(c) if the warrant was not executed, setting
out briefly the reasons why the warrant
was not executed; and
(d) stating whether or not a copy of the
15 warrant was given to the occupier or
another person at the premises or place.
(2) A report must be--
(a) in the prescribed form; and
(b) made within 10 days after the expiry of
20 the warrant.
(3) A person may apply to the Magistrates'
Court for an order authorising the person to
inspect the report given under subsection (1)
if the person satisfies the Court that the
25 person is--
(a) the owner or occupier of premises or
place on which the warrant was
executed; or
(b) a person who has an interest in the
30 recreational vessel seized in the
execution of the warrant.
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62ZP Obstruction or hindrance of person
executing search and seizure warrant
A person must not, without reasonable
excuse, obstruct or hinder a person executing
5 a search and seizure warrant.
Penalty: 60 penalty units.
Division 5--Disposal of recreational vessels
Subdivision 1--Disposal of recreational vessels,
items and things
10 62ZQ Sale or disposal of uncollected
recreational vessels and items
(1) Subject to subsection (2), the Chief
Commissioner of Police may sell, by public
auction or tender, or otherwise dispose of, a
15 recreational vessel and any item or thing left
in or on the recreational vessel, if--
(a) a decision is made by a member of the
police force to impound or immobilise
a recreational vessel under section 62D
20 or an impoundment or immobilisation
order is made against that recreational
vessel; and
(b) the recreational vessel is not collected
or released 2 months or more after the
25 date on which the recreational vessel
first became available for collection or
release.
(2) The Chief Commissioner of Police must not
sell or otherwise dispose of a recreational
30 vessel or an item or thing left in or on a
recreational vessel under subsection (1)
unless--
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(a) the matters referred to in subsection (3)
are satisfied; or
(b) a disposal order has been made for the
recreational vessel.
5 (3) For the purposes of subsection (2)(a), the
matters that must be satisfied before the
Chief Commissioner may sell or otherwise
dispose of the recreational vessel or item or
thing are--
10 (a) all proceedings in relation to the
relevant offence that led to the
impoundment or immobilisation of the
recreational vessel have been finalised
and any appeal period has expired; and
15 (b) at least 14 days before attempting to
sell or otherwise dispose of the
recreational vessel, item or thing, the
Chief Commissioner serves notice on
the operator, owner and registered
20 person of the recreational vessel that
the Chief Commissioner intends to sell
or otherwise dispose of the recreational
vessel, item or thing unless steps are
taken to collect or release the
25 recreational vessel, item or thing; and
(c) at least 14 days before attempting to
sell or otherwise dispose of the
recreational vessel, item or thing, the
Chief Commissioner, by publishing a
30 notice in a newspaper circulating
generally in the State, notifies the
public that the Chief Commissioner
intends to sell or otherwise dispose of
the recreational vessel and any item or
35 thing left in or on the recreational
vessel; and
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(d) if the Chief Commissioner intends to
sell or otherwise dispose of an item or
thing left in or on the recreational
vessel, all reasonable efforts have been
5 made to return the item or thing to the
person who has ownership in that item
or thing.
Subdivision 2--Disposal of recreational vessels,
items or things if forfeiture order has taken
10 effect
62ZR Sale or disposal of recreational vessel
subject to forfeiture order
(1) The Chief Commissioner of Police may sell,
by public auction or tender, or otherwise
15 dispose of a recreational vessel that is the
subject of a forfeiture order, and any
uncollected item or thing left in or on the
recreational vessel, once the forfeiture order
takes effect in accordance with
20 section 62ZB(1).
(2) The Chief Commissioner of Police must not
sell or dispose of an item or thing left in or
on a recreational vessel that is the subject of
a forfeiture order unless all reasonable
25 efforts have been made to return the item or
thing to the person who has ownership of
that item or thing.
62ZS Application of proceeds of sale
Where a recreational vessel or item or thing
30 is sold under section 62ZQ or 62ZR the
proceeds of sale are to be applied in the
following order of priority--
(a) to pay the costs of the sale;
(b) to pay any costs of impoundment or
35 immobilisation;
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(c) to discharge any security interest over
the recreational vessel, such as a bank
loan or a lease arrangement;
(d) to pay the owner or registered person of
5 the recreational vessel if the
recreational vessel was uncollected, or
if the owner or registered person cannot
be reasonably located, for payment into
the Consolidated Fund;
10 (e) for payment into the Consolidated
Fund.
Subdivision 3--Disposal of recreational vessels,
items or things subject to disposal order
62ZT Disposal of recreational vessel, item or
15 thing subject to disposal order
(1) The Chief Commissioner of Police may sell,
by public auction or tender, or otherwise
dispose of, a recreational vessel that is the
subject of a disposal order and any item or
20 thing left in or on the recreational vessel.
(2) The Chief Commissioner must not sell or
dispose of an item or thing left in or on a
recreational vessel that is the subject of a
disposal order unless all reasonable efforts
25 have been made to return the item or thing to
the person who has ownership of that item or
thing.
62ZU Notice to be given of intention to apply for
disposal order
30 (1) The Chief Commissioner of Police may give
notice of an application for a disposal order
for a recreational vessel if--
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(a) a decision is made by a member of the
police force to impound or immobilise
the recreational vessel under
section 62D or an impoundment or
5 immobilisation order is made against
the recreational vessel; and
(b) the relevant court adjourns proceedings
in relation to a relevant offence, other
than to a fixed date, because the
10 accused fails to appear; and
(c) a warrant is issued for the arrest of the
accused; and
(d) the recreational vessel has not been
collected, and the designated costs are
15 not paid, within 2 months after the day
the proceedings are adjourned.
(2) At least 28 days before making an
application under subsection (1) the Chief
Commissioner of Police must--
20 (a) serve notice of the intention to make
the application on--
(i) the operator of the recreational
vessel; and
(ii) if the operator of the recreational
25 vessel is not the registered person
of the recreational vessel, the
registered person; and
(iii) if the owner of the recreational
vessel is not a person referred to
30 in subparagraph (i) or (ii), the
owner; and
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(iv) any person who the Chief
Commissioner is aware has an
interest in the recreational vessel;
and
5 (v) the Director; and
(b) publish a notice in a newspaper
circulating generally in the State, of the
Chief Commissioner's intention to
make the application.
10 (3) A notice under subsection (2) must state--
(a) that the Chief Commissioner intends to
apply for an order to dispose of the
recreational vessel unless the
recreational vessel is collected and the
15 designated costs paid within 28 days of
the date the notice is served; and
(b) information that identifies the
recreational vessel, including the
recreational vessel's identification mark
20 (if applicable); and
(c) that a person named in the notice may
appear before the relevant court at the
hearing of the application and show
cause why the order should not be
25 made; and
(d) any person on whom the notice is
served must not sell or otherwise
dispose of the person's interest in the
recreational vessel without the approval
30 of the relevant court.
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62ZV Application for disposal order
The Chief Commissioner of Police may
apply to the court for an order to dispose of a
recreational vessel if--
5 (a) the Chief Commissioner has served
notice in respect of the recreational
vessel in accordance with section
62ZU(2)(a); and
(b) within 28 days after the date the notice
10 is served, the recreational vessel is not
collected or the designated costs have
not been paid.
62ZW Hearing of application for and making of
disposal order
15 (1) The relevant court hearing an application for
a disposal order--
(a) must allow a person served with a
notice under section 62ZU to be heard
at the hearing of the application and to
20 show cause why the disposal order
should not be made; and
(b) may allow any other person to be heard
if the court is satisfied the disposal
order may substantially affect the
25 person's interests.
(2) After hearing the application, the court
may--
(a) make the disposal order; or
(b) decline to make the disposal order if the
30 court is satisfied the order would cause
exceptional hardship to a person.
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(3) If the court makes the disposal order, the
Crown becomes the owner of the
recreational vessel.
62ZX Application of proceeds of sale
5 (1) If a recreational vessel, item or thing is sold
under a disposal order, the proceeds of the
sale are to be applied in the following order
of priority--
(a) to pay the costs of the disposal;
10 (b) to pay any costs of impoundment or
immobilisation;
(c) to discharge any security interest over
the recreational vessel, including a bank
loan or lease arrangement.
15 (2) Any sum remaining after the proceeds of the
sale are applied in accordance with
subsection (1) is taken to be unclaimed
money under the Unclaimed Money Act
2008 as if it were a sum of money legally
20 payable to the person who had ownership of
the recreational vessel immediately before
the disposal order was made and as if the
sum has remained unpaid for more than
12 months.
25 Division 6--Miscellaneous
62ZY Service of notices under Part 7A
If under this Part a notice is required or
permitted to be served on any person, the
notice may, unless the contrary intention
30 appears, be served--
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(a) by delivering it personally to the
person; or
(b) by leaving it at the usual or last known
place of residence or business of the
5 person with a person apparently over
the age of 16 years and apparently
residing at that place or (in the case of a
business) apparently in charge of or
employed at that place; or
10 (c) by sending it by post addressed to the
person at the usual or last known place
of residence or business of that person;
or
(d) if the person has given to the Director
15 as his or her address an address that is
not his or her place of residence or
business, by sending it addressed to the
person at that address.
__________________".
20 6 Exclusion orders
After section 85AT(2)(b) of the Marine Act 1988
insert--
"(ba) being a director, secretary or officer
concerned in the management of a body
25 corporate involved in managing
infrastructure relating to the operation,
storage, mooring, berthing or placement of
vessels within the State; or".
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7 Insertion of new section 85ATA
After section 85AT of the Marine Act 1988
insert--
"85ATA Corporations displacement provision
5 Section 85AT is declared to be a
Corporations legislation displacement
provision for the purposes of section 5G of
the Corporations Act in relation to the
provisions of Chapter 2D of that Act.
10 Note
Section 5G of the Corporations Act provides that if a State
law declares a provision of a State law to be a Corporations
legislation displacement provision, any provision of the
Corporations legislation with which the State provision
15 would otherwise be inconsistent does not apply to the extent
necessary to avoid the inconsistency.".
8 New Part 10AA inserted
After Part 10 of the Marine Act 1988 insert--
"PART 10AA--PROHIBITION OF USE OF
20 RECREATIONAL VESSELS AND HIRE AND
DRIVE VESSELS
Division 1--Preliminary
112A Part 10AA definitions
In this Part--
25 authorised officer means a person appointed
as an authorised officer for the purposes
of this Part by the Director;
embargo notice means a notice under
section 112D;
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landing place includes--
(a) an intersection between land and
water at which it is reasonably
safe to land a vessel;
5 (b) a place intended for the landing or
berthing of vessels, including, but
not limited to, a wharf, boat ramp,
marina, pier or jetty;
operator, in relation to a vessel, means the
10 person who is operating (within the
meaning of Part 10A) the vessel;
prohibition direction means a direction to a
person under section 112E;
registered person, in relation to a vessel,
15 means the person who is registered as
the owner or operator of the vessel in
accordance with regulations made
under this Act;
relevant offence means an offence against
20 section 22.
112B Part does not affect other penalties
The issue of an embargo notice under this
Part arising out of the commission of a
relevant offence is in addition to, and does
25 not limit or otherwise affect, any penalty that
may be imposed on the person for the
relevant offence other than under this Part.
112C Part has prospective application
This Part applies only to offences committed
30 on or after the commencement of section 8
of the Transport Legislation Amendment
(Hoon Boating and Other Amendments)
Act 2009.
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Division 2--Embargo notices and prohibition
directions
112D Power to issue embargo notices
(1) If a member of the police force or an
5 authorised officer believes on reasonable
grounds that a recreational vessel is being or
has been used in the commission of a
relevant offence, he or she may, as soon as
practicable after the commission of the
10 relevant offence, issue a notice in the form
approved by the Director specifying a period
not exceeding 48 hours during which the
recreational vessel may not be operated by
any person.
15 (2) A notice under subsection (1) may be
served--
(a) by causing a copy of the notice to be
given to--
(i) the operator of the recreational
20 vessel; and
(ii) the registered person of the
recreational vessel, if he or she is
not the person referred to in
paragraph (a); and
25 (iii) the owner of the recreational
vessel, if he or she is not the
person referred to in paragraph (a)
or (b); or
(b) by causing a copy of the notice to be
30 affixed to the recreational vessel in a
prominent position.
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(3) A notice issued under subsection (1) must
specify--
(a) the period during which the recreational
vessel may not be operated; and
5 (b) that it is an offence to operate, or
permit the operation of, a recreational
vessel in breach of a notice issued
under subsection (1); and
(c) if a copy of the notice has been affixed
10 to the recreational vessel, where and
how the notice can be removed from
the recreational vessel; and
(d) any other prescribed matter.
(4) A person must not operate, or permit the
15 operation of, a recreational vessel in
contravention of a notice issued under
subsection (1) in respect of that recreational
vessel.
Penalty: 10 penalty units.
20 (5) It is a defence to a charge under subsection
(4) for the person charged to prove that--
(a) he or she did not know; and
(b) it was not reasonable for him or her to
know--
25 that a notice under subsection (1) was issued
in respect of the recreational vessel.
(6) A person must not remove a copy of a notice
affixed to a recreational vessel under this
section.
30 Penalty: 10 penalty units.
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(7) Subsection (6) does not apply to a member
of the police force or an authorised officer
who is acting in the course of his or her
duties.
5 (8) If a member of the police force or an
authorised officer has issued and served a
notice under subsection (1) in respect of a
vessel for a particular relevant offence--
(a) the power to issue a notice under
10 subsection (1) in respect of that vessel
for that particular relevant offence must
not be exercised again; and
(b) a prohibition direction must not be
issued to the operator of the vessel at
15 the time of the particular relevant
offence in respect of that offence; and
(c) the vessel must not be seized,
impounded or immobilised under
Part 7A for that particular relevant
20 offence.
112E Police power to prohibit operation of
vessels
(1) If a member of the police force or an
authorised officer believes on reasonable
25 grounds that a recreational vessel or a hire
and drive vessel is being or has been used in
the commission of a relevant offence, he or
she may--
(a) direct the operator of the vessel at the
30 time the relevant offence was
committed not to operate any vessel for
a specified period not exceeding
24 hours beginning at the time of the
direction;
35 (b) direct the operator of the vessel at the
time the relevant offence was
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committed to move the vessel to the
landing place that is nearest to the
vessel at the time when the direction is
made.
5 (2) A person must not contravene the direction
of a member of the police force or an
authorised officer under subsection (1)(a).
Penalty: 10 penalty units.
(3) A person must not fail to comply with the
10 direction of a member of the police force or
an authorised officer under subsection (1)(b).
Penalty: 5 penalty units.
(4) If a member of the police force or an
authorised officer has given a direction under
15 subsection (1) to a person who was the
operator of a vessel at the time of a particular
relevant offence--
(a) the power to give a direction under
subsection (1) to that person for that
20 particular relevant offence may not be
exercised again; and
(b) an embargo notice must not be issued
for that particular relevant offence; and
(c) a vessel must not be seized, impounded
25 or immobilised under Part 7A for that
particular relevant offence.
Division 3--Authorised officers
112F Appointment
(1) The Director, by instrument, may appoint an
30 officer or employee of a port management
body, a local port manager or a waterway
manager as an authorised officer for the
purposes of this Part.
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(2) When appointing a person under this section
the Director must appoint a person who is
suitably qualified or trained to be an
authorised officer.
5 (3) An appointment under this section is for the
term, and subject to the conditions, specified
in the instrument of appointment.
(4) Without limiting the conditions to which an
appointment under this section may be
10 subject, an appointment may be subject to
one or more of the following conditions--
(a) that the person appointed may only
exercise the functions and powers
specified in the instrument of
15 appointment;
(b) that the functions and powers that the
person may exercise under the
appointment are subject to the
conditions specified in the instrument
20 of appointment.
112G Identity cards
(1) The Director must issue an identity card to
an authorised officer.
(2) An identity card must--
25 (a) contain the name of the authorised
officer to whom it is issued; and
(b) identify the authorised officer to whom
it is issued as an authorised officer; and
(c) contain a photograph of the authorised
30 officer.
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112H Return of identity cards
If a person to whom an identity card has
been issued ceases to be an authorised
officer, the person must return the identity
5 card to the Director as soon as practicable.
Penalty: 5 penalty units.
112I Production of identity card
(1) An authorised officer must produce his or
her identity card for inspection--
10 (a) before exercising a power under this
Part; or
(b) if asked to do so by any person at any
time during the exercise of a power
under this Part.
15 (2) However, an authorised officer need not
produce his or her identity card when asked
to do so if--
(a) the authorised officer reasonably
believes that the production of his or
20 her identity card would--
(i) affect the safety or welfare of any
person; or
(ii) frustrate the effective exercise of a
power under this Part; or
25 (b) the request to produce his or her
identity card is made by a person to
whom the officer has already produced
that identity card on the same day
before exercising a power under this
30 Part.
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(3) Any action taken or thing done by an
authorised officer under this Part is not
invalidated by his or her failure to produce
his or her identity card.
5 __________________".
9 Subject matter for regulations
(1) After item 44 in Schedule 5 to the Marine Act
1988 insert--
"IMPOUNDMENT, IMMOBILISATION AND
10 FORFEITURE OF RECREATIONAL VESSELS
44A. The manner and circumstances in which a
recreational vessel may be immobilised.
44B. The matters that must be included in notices
issued, given or served under Part 7A.
15 44C. Procedures and requirements to be complied
with before a recreational vessel or an item
or thing left in or on a recreational vessel
may be recovered.
44D. The circumstances in which a motor vehicle
20 is not eligible for an impoundment or
immobilisation order or a forfeiture order
under section 62Q or 62R.".
(2) After item 81 of Schedule 5 to the Marine Act
1988 insert--
25 "PROHIBITION OF USE OF RECREATIONAL
VESSELS
81AA. The form of a notice issued under
section 112D(1).
81AB. The matters that must be specified in a notice
30 issued under section 112D(1).".
__________________
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PART 3--AMENDMENT OF THE PORT SERVICES ACT 1995
10 Definitions
In section 3(1) of the Port Services Act 1995, See:
Act No.
insert the following definitions-- 82/1995.
Reprint No. 5
5 "abandoned thing means a thing to which as at
31 July 2009.
Division 4 of Part 5B applies; LawToday:
www.
hazardous port activity means any activity legislation.
involving the following-- vic.gov.au
(a) the transfer of dry or liquid cargoes to
10 and from vessels or wharves;
(b) hot works, being welding, thermal or
oxygen cutting or heating or any other
heat producing or spark producing
activity;
15 port safety officer, in relation to the port of
Melbourne, means a person appointed under
section 230L of the Transport Act 1983;
Secretary means the Department Head, within the
meaning of the Public Administration Act
20 2004, of the Department of Transport;".
11 New Part 4A inserted
After Part 4 of the Port Services Act 1995
insert--
"PART 4A--REGULATION OF TOWAGE
25 SERVICES
Division 1--Preliminary
73A Definitions
In this Part--
notified towage services provider means a
30 person who has given a notification
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under section 73F that is in force under
section 73H;
towage conditions determination means a
determination made in accordance with
5 Division 4;
towage requirements determination means a
determination made in accordance with
Division 2;
towage service means the service of
10 supplying one or more towage vessels
to assist in the navigation of other
vessels by towing or pushing those
vessels into, within or out of port
waters;
15 towage vessel means a vessel designed or
intended to be used to assist another
vessel's navigation by towing or
pushing that vessel.
Division 2--Towage requirements
20 73B Towage requirements determination
(1) The Port of Melbourne Corporation may
make a determination as to--
(a) the period of time for which its
provisions operate (the determination
25 period); and
(b) the minimum number of towage vessels
required to be provided by notified
towage services providers during the
determination period; and
30 (c) the minimum capacity of any such
vessels; and
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(d) the minimum requirements necessary
for such vessels to be fit to provide the
service that the vessels are to be used to
provide; and
5 (e) the availability required for such
vessels to provide the services.
(2) The determination period determined under
subsection (1)(a)--
(a) must not commence until two months
10 after the day on which the
determination is published in the
Government Gazette; and
(b) must commence immediately on the
termination of a previous determination
15 period (other than in the case of the first
determination made under this
provision); and
(c) must terminate at a time that ensures
paragraphs (a) and (b) may be complied
20 with.
(3) In making a determination under subsection
(1), the Port of Melbourne Corporation--
(a) must have regard to--
(i) the requirements that are
25 necessary for the safe and efficient
operation of the port of Melbourne
for the determination period; and
(ii) any submissions made under
section 73D as to the proposed
30 determination notified under
section 73C; and
(b) must not make a determination that has
greater requirements as to the number,
capacity and availability of vessels than
35 those requirements set out in the
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proposed determination notified under
section 73C.
(4) A determination under this section--
(a) must be published in the Government
5 Gazette; and
(b) has effect from the date of publication;
and
(c) operates for the determination period.
73C Process for making a towage requirements
10 determination
(1) Before making a towage requirements
determination the Port of Melbourne
Corporation must publish notice of the
proposal to make the determination in the
15 Government Gazette.
(2) A notice under subsection (1) must be
published at least one month before the
making of the determination.
(3) A notice under subsection (1) must--
20 (a) set out the proposed form and content
of the determination; and
(b) the fact that written submissions may
be made on the proposed determination
to the Corporation; and
25 (c) the time within which the written
submissions must be made under
section 73E.
73D Entitlement to make submissions
(1) Any person who is likely to be affected by a
30 proposed determination notified under
section 73C may make a written submission
to the Port of Melbourne Corporation about
the determination.
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(2) A submission under subsection (1) must be
made within the time specified in the notice
published under section 73C.
Division 3--Notification of towage service
5 providers
73E Offence to provide towage services
without notification
(1) A person must not provide a towage service
in the port of Melbourne unless the person is
10 a notified towage services provider.
Penalty: 60 penalty units.
(2) For the purposes of subsection (1), the owner
of a vessel that is being used to provide a
towage service is taken to be the person
15 providing the service, unless the owner has
notified the Port of Melbourne Corporation
that another person is providing the service.
73F Making notification
(1) A person may notify the Port of Melbourne
20 Corporation that that person is providing or
intends to provide a towage service in the
port of Melbourne.
(2) A notification under subsection (1)--
(a) must be in writing; and
25 (b) must be in a form approved by the Port
of Melbourne Corporation; and
(c) must contain the information required
by the Port of Melbourne Corporation.
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73G Procedure for acknowledgment of
notification
Within 2 weeks of receiving a notification
under section 73F the Port of Melbourne
5 Corporation must acknowledge receipt of
that notification by notice in writing.
73H Period for which notification remains in
force
A notification under section 73F remains in
10 force from the time from which
acknowledgement of the notification is given
to the person who has given the notification
until--
(a) the Port of Melbourne Corporation
15 believes, on reasonable grounds, that
the person no longer provides a towage
service in the port of Melbourne and so
notifies the person in writing; or
(b) the person who has given the
20 notification notifies the Port of
Melbourne Corporation in writing that
the person no longer provides a towage
service in the Port of Melbourne.
73I Record of towage service providers
25 (1) The Port of Melbourne Corporation must
keep and maintain a record of each notified
towage services provider.
(2) The record kept under subsection (1) must
set out--
30 (a) the name and address of each notified
towage services provider; and
(b) the date on which each notified towage
service provider became such a notified
towage service provider; and
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(c) any other information that the Port of
Melbourne Corporation determines
should be included in the record.
Division 4--Towage conditions
5 73J Determination of towage conditions
(1) The Port of Melbourne Corporation may
determine conditions that a notified towage
services provider must comply with in the
course of providing towage services in the
10 port of Melbourne.
(2) The conditions that the Port of Melbourne
Corporation may determine under subsection
(1) are conditions as to the following--
(a) the minimum number of towage vessels
15 the notified towage services provider is
to supply over the period of time
specified in the determination (the
specified period); and
(b) the minimum capacity of any such
20 vessels; and
(c) the minimum requirements necessary
for such vessels to be fit to provide the
services that the vessels are to be used
to provide; and
25 (d) the availability required for such
vessels to provide the services.
73K Limitations on making towage conditions
determinations
(1) In making a towage conditions
30 determination, the Port of Melbourne
Corporation--
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(a) must have regard to the towage
requirements determination for the
period in respect of which the towage
conditions determination is to apply
5 (relevant towage requirements
determination); and
(b) must not make a determination that has
the effect of--
(i) requiring the supply of a total
10 minimum number of towage
vessels for the port of Melbourne
for the specified period that
exceeds the total minimum
number of towage vessels required
15 by the relevant towage
requirements determination for the
port for that period; or
(ii) requiring the supply of a total
minimum number of towage
20 vessels of a particular capacity for
the port of Melbourne for the
specified period that exceeds the
total minimum number of towage
vessels of that capacity required
25 by the relevant towage
requirements determination for the
port for that period; and
(c) must ensure that the specified period of
the towage conditions determination is
30 the same as or less than the
determination period of the relevant
towage requirements determination;
and
(d) must not make the determination until
35 two months after the Port of Melbourne
Corporation has made the relevant
towage requirements determination.
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(2) Any part of a towage conditions
determination that has not been made in
accordance with subsection (1) is of no
effect.
5 73L Service and publication of determination
(1) On making a towage conditions
determination, the Port of Melbourne
Corporation must serve a copy of the
determination on the notified towage
10 services provider to which the determination
applies.
(2) A towage conditions determination must be
published in the Government Gazette within
5 days after the determination is served
15 under subsection (1).
73M Coming into effect of towage conditions
The conditions set out in a towage conditions
determination--
(a) come into effect on the later of--
20 (i) the day on which the
determination is served under
section 73L(1); or
(ii) the commencement of the
determination period for the
25 relevant towage requirements
determination; and
(b) cease to have effect if the determination
is not published in accordance with
section 73L(2).
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73N Process for making towage conditions
determination
(1) The Port of Melbourne Corporation must not
make a towage conditions determination
5 unless the Corporation has first consulted
with the Director of Marine Safety.
(2) Before making a towage conditions
determination, the Port of Melbourne
Corporation must first obtain the approval of
10 the Minister.
(3) Before approving the making of a towage
conditions determination, the Minister must
obtain the approval of the Treasurer.
73O Compliance with determined towage
15 condition
(1) If a notified towage services provider has not
complied with any condition in a towage
conditions determination applying to the
provision of towage services in the port of
20 Melbourne by that services provider, within
2 months of the condition having been in
effect, the Port of Melbourne Corporation
may serve notice to that effect to the
provider.
25 (2) A notice under subsection (1)--
(a) must set out the matters comprising the
failure to comply; and
(b) may specify that within two months of
the date on which the notice is served
30 on the provider, the provider must
comply with the condition; and
(c) if a specification is made under
paragraph (b), must set out that it is an
offence not to comply with the
35 specification.
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(3) A notified towage services provider must
comply with any condition in a towage
conditions determination, in respect of which
a specification under section (2)(b) has been
5 given to the provider, within two months of
the date on which the notice under
subsection (1) has been served on the
provider.
Penalty: 240 penalty units.
10 Division 5--General matters
73P Review by VCAT
A person to whom a towage conditions
determination applies may apply to VCAT
for a review of a decision by the Port of
15 Melbourne Corporation to make the
determination.
73Q Period for making application to VCAT
An application for review under section 73P
must be made within 28 days of the later
20 of--
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
25 the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
30 statement of reasons will not be given.
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73R Repeal of Part
This Part is repealed on the third
anniversary of the day of its commencement.
__________________".
5 12 New Part 5B inserted
After Part 5A of the Port Services Act 1995
insert--
"PART 5B--POWERS AS TO CERTAIN
HAZARDOUS OR POLLUTING ACTIVITIES
10 OR THINGS
Division 1--Preliminary
88I Definitions
In this Part--
clean up has the same meaning as in the
15 Environment Protection Act 1970;
pollute and polluted have the same meaning
as in the Environment Protection Act
1970.
Division 2--Pollution abatement
20 88J Pollution abatement
Where--
(a) pollutants have been or are being
discharged on port of Melbourne land
or into port of Melbourne waters; or
25 (b) a condition of pollution is likely to arise
on port of Melbourne land or in port of
Melbourne waters; or
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(c) any potentially hazardous substance
appears to have been abandoned or
dumped on port of Melbourne land or
in port of Melbourne waters; or
5 (d) any potentially hazardous substance is
being handled in a manner which is
likely to cause an environmental hazard
on port of Melbourne land or in port of
Melbourne waters--
10 the Port of Melbourne Corporation may
conduct a clean up or cause a clean up to be
conducted as the Corporation considers
necessary.
88K Recovery of costs of clean up
15 (1) If the Port of Melbourne Corporation
conducts a clean up under section 88J, the
Corporation may recover any reasonable
costs incurred by the Corporation in
conducting the clean up from the person who
20 caused the circumstances that gave rise to the
need for the clean up to be conducted.
(2) The costs that may be recovered under
subsection (1) include labour, administrative
and overhead costs, determined on such basis
25 as the Corporation reasonably considers
appropriate, incurred as a result of any action
taken by the Corporation under
subsection (1).
(3) An amount payable under subsection (1)
30 may be recovered in any court of competent
jurisdiction as a debt due to the Port of
Melbourne Corporation.
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88L Relationship with the Environment
Protection Act 1970
These provisions do not apply in any
situation in which the Authority (within the
5 meaning of the Environment Protection
Act 1970) is conducting a clean up under
that Act.
Division 3--Hazardous port activities
88M Hazardous port activity notice
10 (1) A person who proposes to carry out a
hazardous port activity in port of Melbourne
waters or on port of Melbourne land, must
give notice to the Port of Melbourne
Corporation before doing so.
15 Penalty: 20 penalty units.
(2) A notice under subsection (1) must be given
in accordance with the regulations.
88N Hazardous port activity direction
(1) If a port safety officer for the port of
20 Melbourne is satisfied that a hazardous port
activity is being carried out or is proposed to
be carried out in port of Melbourne waters or
on port of Melbourne land, the officer may
give a direction in writing to the person who
25 is carrying out or who proposes to carry out
the activity.
(2) A direction under subsection (1) may--
(a) direct a person who is carrying out an
activity to cease carrying out the
30 activity; or
(b) direct a person within a specified area
of the port to leave the area; or
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(c) direct a person in the port to leave the
port.
(3) A port safety officer for the port of
Melbourne may, if it is reasonable to do so,
5 give an oral direction about any matter on
which a direction may be given under
subsection (1) to any person who is carrying
out or who proposes to carry out a hazardous
port activity.
10 88O Offence not to comply with hazardous
port activity direction
A person who has been given a hazardous
port activity direction under section 88N
must comply with that direction, unless that
15 person has a reasonable excuse for not doing
so.
Penalty: 60 penalty units.
Division 4--Abandoned or unclaimed goods or
things
20 88P Offence to leave things in port waters or
on port land
A person must not leave any thing
unattended on port of Melbourne land or in
port of Melbourne waters for more than one
25 month without the permission of the Port of
Melbourne Corporation.
Penalty: 60 penalty units.
88Q Removal of things
(1) Subject to subsection (2), the Port of
30 Melbourne Corporation may move any thing
or cause any thing to be moved from port of
Melbourne waters or port of Melbourne land
if--
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(a) the thing has been left unattended on
the waters or land for more than one
month; and
(b) the identity or location of the owner of
5 the thing cannot be established or the
Port of Melbourne Corporation
reasonably believes that the owner of
the property will not move the property.
(2) The Port of Melbourne Corporation may
10 immediately remove a thing from port of
Melbourne waters or port of Melbourne land
if--
(a) the Corporation is of the opinion that
the thing has been left unattended in the
15 port waters or on the port land and--
(i) is causing an impediment to the
operations of the port; or
(ii) is causing an environmental
hazard to the port; or
20 (iii) is a risk to the safety or security of
the port or port operations; or
(iv) is a danger to public health; and
(b) the identity or location of the owner of
the thing cannot be established or the
25 Port of Melbourne Corporation
reasonably believes that the owner of
the property will not move the property.
88R Powers when moving things
(1) In the case of a vehicle or vessel, a person
30 acting in accordance with section 88Q(1)
or (2) may enter the vehicle or vessel using,
if necessary, reasonable force, for the
purpose of conveniently or expeditiously
moving the vehicle or vessel.
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(2) The Port of Melbourne Corporation when
moving a thing under section 88Q(1) or (2)
must move it to a place that the Corporation
reasonably believes is the nearest safe and
5 convenient place.
88S Requirement to make enquiries as to
owner of thing
If the Port of Melbourne Corporation has
moved a thing under section 88Q(1) or (2),
10 the Corporation must make all reasonable
enquiries to establish the identity or location
of the owner of the property.
88T Disposal of thing
(1) If, after reasonable enquiries, the Port of
15 Melbourne Corporation is unable to establish
the identity or location of the owner of a
thing that has been moved under section
88Q(1) or (2), the Corporation may dispose
of the thing either by gift, sale or destruction
20 of the thing or by otherwise dealing with the
thing.
(2) The Port of Melbourne Corporation must not
dispose of a thing under subsection (1)
unless--
25 (a) the Corporation has given notice about
the disposal of the thing in a newspaper
circulating generally in Victoria and on
its website; and
(b) 28 days have expired since the giving
30 of the notice.
(3) The requirements of subsection (2) do not
apply to the disposal of a thing that is
perishable.
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(4) If the Port of Melbourne Corporation
establishes the identity or location of the
owner of a thing that has been moved under
section 88Q(1) or (2), the Corporation must
5 give the owner notice in writing that the
Corporation intends to dispose of the thing.
(5) If the Corporation gives notice in writing
under subsection (4) to the owner and the
owner of the thing does not recover the thing
10 from the Corporation within 28 days the
Corporation may dispose of the thing after
the 28 days have expired, either by gift, sale
or destruction of the thing or by otherwise
dealing with the thing.
15 (6) The requirements of subsection (5) do not
apply to the disposal of a thing that is
perishable.
88U Recovery of costs
(1) If the Port of Melbourne Corporation has
20 moved a thing under section 88Q(1) or (2),
the Corporation may recover from the
owner--
(a) the costs of the moving of the thing;
and
25 (b) the costs of storing the thing; and
(c) if the thing has been disposed of, the
costs of the disposal of the thing.
(2) An amount payable under subsection (1)
may be recovered in any court of competent
30 jurisdiction as a debt due to the Corporation.
(3) If the thing is disposed of, an amount that
may be recovered under subsection (1) is to
be paid out of the proceeds (if any) of the
disposal.
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88V Payment of compensation
(1) If the owner of a thing is unable to recover
possession of the thing because the thing has
been disposed of under this Division, the
5 Port of Melbourne Corporation must pay to
the owner and any other person with an
interest in the thing an amount
commensurate with the value of the person's
interest in the thing less any amount payable
10 under section 88U.
(2) An amount payable under subsection (1) is to
be paid out of the proceeds (if any) of the
disposal of the thing.
(3) A person with an interest in a thing that has
15 been disposed of under this Division may
make an application to the Magistrates' Court
for an order that compensation be paid in
accordance with subsection (2) and the Court
may make either or both of the following
20 orders, where appropriate--
(a) an order that compensation be paid to
that person commensurate with the
value of the person's interest in the
thing;
25 (b) an order that the costs incurred by the
Corporation in moving or disposing of
the thing under this Division may be
retained by the Corporation out of the
proceeds of the sale of the thing.
30 (4) An application under subsection (3) must be
made within 12 months of the date of the
disposal of the thing.
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88W Proceeds of disposal where owner not
located
If a thing has been disposed of under section
88T(1) where neither the identity nor the
5 location of the owner has been established--
(a) the Port of Melbourne Corporation may
recover the costs of moving and
disposal of the thing from the proceeds
of that disposal; and
10 (b) if no claim has been made under
section 88V within 12 months of the
disposal of the thing, any proceeds
from the disposal of the thing, after the
recovery of any costs under paragraph
15 (a), must be paid into the Consolidated
Fund.
__________________".
13 Insertion of section after section 96
After section 96 of the Port Services Act 1995
20 insert--
"97 Power to prosecute
Proceedings for an offence against Part 4A
or Part 5B or regulations made under section
98(1)(ca), (cb), (cc) or (cd) may be brought
25 by any person authorised in writing either
generally or in a particular case by the Port
of Melbourne Corporation.".
14 Regulation making powers
In section 98(1) of the Port Services Act 1995--
30 (a) after paragraph (c) insert--
"(ca) prohibition or regulation of the transfer
to and from vessels of liquids or bulk
cargo, including but not limited to--
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(i) notification of any such transfers;
(ii) authorisation of the carrying out
of any such transfers;
(iii) conditions to which such
5 authorisations are subject and any
other matters for or with respect to
such authorisations;
(iv) recovery of costs associated with
the regulation of the carrying out
10 of such transfers and of any action
required to be taken in relation to
the carrying out of such transfers;
(v) forms and notices relating to such
transfers;
15 (cb) the carrying out on port land or on
vessels in port waters or elsewhere in
port waters of hazardous port activities,
including but not limited to--
(i) notification of any such hazardous
20 port activities;
(ii) authorisation of the carrying out
of any such hazardous port
activities;
(iii) conditions to which such
25 authorisations are subject and any
other matters for or with respect to
such authorisations;
(iv) recovery of costs associated with
the regulation of the carrying out
30 of such hazardous port activities
and of any action required to be
taken in relation to the carrying
out of such hazardous port
activities;
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(v) forms and notices relating to the
carrying out of such activities;
(cc) the moving of abandoned things;
(cd) procedures for dealing with abandoned
5 things, including but not limited to--
(i) storage of abandoned things;
(ii) the nature of enquiries to be made
as to the ownership of the things;
(iii) methods of collection of things by
10 owners and notification of that
method to owners;
(iv) methods of disposal for particular
things;
(v) methods for recovery of costs of
15 storage and disposal of things;
(vi) the keeping of registers of
abandoned things;";
(b) in paragraph (d), for "5 penalty units"
substitute "20 penalty units".
__________________
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PART 4--AMENDMENT OF THE TRANSPORT ACT 1983
15 New Part VIIA inserted in the Transport Act 1983 See:
Act No.
9921.
After Part VII of the Transport Act 1983 Reprint No. 14
insert-- as at
31 July 2009
and
5 "PART VIIA--ENFORCEMENT AND RELATED amending
POWERS FOR THE PORT OF MELBOURNE Act Nos
71/2006,
13/2009 and
45/2009.
Division 1--Preliminary LawToday:
www.
230K Definition legislation.
vic.gov.au
In this Part, hazardous port activity
10 provision means a provision of the Port
Services Act 1995 or regulations made
under that Act as to hazardous port activities,
within the meaning of that Act.
230L Appointment
15 (1) The Secretary, by instrument, may appoint as
a port safety officer for the port of
Melbourne, a person--
(a) who is employed in the Department
under Part 3 of the Public
20 Administration Act 2004; or
(b) who is an employee of the Port of
Melbourne Corporation.
(2) When appointing a person under this section
the Secretary must appoint a person who is
25 suitably qualified or trained to be a port
safety officer.
(3) An appointment under this section is for the
term, and subject to the conditions, specified
in the instrument of appointment.
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(4) Without limiting the conditions to which an
appointment under this section may be
subject, an appointment may be subject to
one or more of the following conditions--
5 (a) that the person appointed may only
exercise the functions and powers
specified in the instrument of
appointment;
(b) that the functions and powers that the
10 person may exercise under the
appointment are subject to the
conditions specified in the instrument
of appointment.
230M Identity cards
15 (1) The Secretary must issue an identity card to
a port safety officer.
(2) An identity card must--
(a) contain the name of the port safety
officer to whom it is issued; and
20 (b) identify the port safety officer to whom
it is issued as a port safety officer; and
(c) contain a photograph of the port safety
officer.
230N Return of identity cards
25 If a person to whom an identity card has
been issued ceases to be a port safety officer,
the person must return the identity card to
the Secretary as soon as practicable.
Penalty: 5 penalty units.
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230O Production of identity card
(1) A port safety officer must produce his or her
identity card for inspection--
(a) before exercising a power under
5 Division 2 or Division 3; or
(b) if asked to do so by any person at any
time during the exercise of a power
under Division 2 or Division 3.
(2) However, a port safety officer need not
10 produce his or her identity card when asked
to do so if--
(a) the officer reasonably believes that the
production of his or her identity card
would--
15 (i) affect the safety or welfare of any
person; or
(ii) frustrate the effective exercise of a
power under Division 2 or
Division 3; or
20 (b) the request to produce his or her
identity card is made by a person to
whom the officer has already produced
that identity card on the same day
before exercising a power under
25 Division 2 or Division 3.
(3) Any action taken or thing done by a port
safety officer under Division 2 or Division 3
is not invalidated by his or her failure to
produce his or her identity card.
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Division 2--Powers of entry and search of
vessels
230P Power to enter and inspect vessels
(1) For the purpose of determining whether a
5 hazardous port activity provision is being
complied with, a port safety officer may
enter a vessel that is in port of Melbourne
waters.
(2) Without limiting subsection (1), a port safety
10 officer who enters a vessel under subsection
(1) may, for the purpose set out in that
subsection, do any one or more of the
following--
(a) inspect the vessel; or
15 (b) seize anything found on the vessel that
the port safety officer believes on
reasonable grounds to be connected
with a contravention of a hazardous
port activity provision; or
20 (c) take samples, photographs or film,
videotape or otherwise record images
or record sound in connection with the
inspection; or
(d) search for and inspect relevant
25 documents; or
(e) require any person in or on the vessel to
produce to the port safety officer any
document that is required to be kept for
the purpose set out in subsection (1)
30 and that is located in or on the vessel
and that is in the person's custody or
possession or under the person's
control; or
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(f) make copies of, or take extracts from,
any document that is required to be
kept for the purpose set out in
subsection (1) and that is kept in or on
5 the vessel; or
(g) exercise any other power under this Act
conferred on the port safety officer for
those purposes.
(3) This section does not authorise the use of
10 force, but the port safety officer may open
unlocked doors, panels, objects or other
things, or open unlocked places.
230Q Production of identity card by port safety
officers before vessel searches
15 (1) This section applies if--
(a) a port safety officer wishes to inspect a
vessel under this Division; and
(b) the master or operator of the vessel, or
another person apparently in charge of
20 the vessel, is present in, on or near the
vessel.
(2) Before starting to inspect the vessel, the port
safety officer must identify himself or herself
to the person by producing his or her identity
25 card for inspection by the person.
230R Consent not needed for inspections
A port safety officer may exercise a power
under this Division at any time, and without
the consent of the master or owner of the
30 vessel, or other person apparently in charge
of the vessel, or any other person.
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Division 3--Powers of entry and search of
premises
230S Entry of premises with consent
(1) A port safety officer may enter premises on
5 port of Melbourne land, with the consent of
the occupier of the premises, if the port
safety officer believes on reasonable grounds
that the entry is necessary because a person
has contravened a hazardous port activity
10 provision.
(2) A port safety officer must not exercise a
power under subsection (1) in any part of the
premises that is used for residential purposes.
(3) A port safety officer must not exercise a
15 power under subsection (1) unless, before
asking for the consent of the occupier, the
port safety officer--
(a) has produced his or her identity card for
inspection; and
20 (b) has informed the occupier--
(i) of the purpose of the entry and
inspection; and
(ii) of the powers that the port safety
officer may exercise on entry; and
25 (iii) that the occupier is not required to
consent.
(4) If an occupier consents to the exercise of a
power under subsection (1), the port safety
officer who requested consent must, before
30 entering the premises, ask the occupier to
sign an acknowledgment of the consent.
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(5) An acknowledgment must state--
(a) that the occupier has been informed--
(i) of the purpose of the entry and
inspection; and
5 (ii) of the powers that the port safety
officer may exercise on entry; and
(iii) that the occupier is not required to
consent; and
(c) the purpose of the entry; and
10 (d) that the occupier has consented to the
entry and the exercise of the powers;
and
(e) the date and time that the occupier
consented.
15 (6) If an occupier consents to the seizure or
taking of any thing during an inspection
under this section, the port safety officer
must, before seizing or taking the thing, ask
the occupier to sign an acknowledgment
20 stating--
(a) that the occupier has consented to the
seizure or taking of the thing; and
(b) the date and time that the occupier
consented.
25 (7) An occupier who signs an acknowledgment
under this section must immediately be given
a copy of the signed acknowledgment.
(8) If, in any proceeding, an acknowledgment is
not produced to the court or a tribunal, it
30 must be presumed, until the contrary is
proved, that the occupier did not consent to
the entry and exercise of powers or to the
seizure or the taking of the thing.
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230T Entry of premises without consent
(1) A port safety officer may enter premises on
port of Melbourne land if the port safety
officer believes on reasonable grounds that
5 the entry is necessary because a person has
contravened a hazardous port activity
provision.
(2) A port safety officer--
(a) must not exercise a power under
10 subsection (1) in any part of the
premises that is used for residential
purposes; and
(b) must not exercise a power under
subsection (1) except--
15 (i) when the premises are open for
business; or
(ii) when hazardous port activities are
being carried out on the premises.
(3) If a port safety officer exercises a power of
20 entry under this section without the owner or
occupier being present the port safety officer
must, on leaving the premises, leave a notice
setting out--
(a) the time of entry; and
25 (b) the purpose of entry; and
(c) a description of things done while on
the premises; and
(d) the time of departure; and
(e) the procedure for contacting the port
30 authority for further details of the entry.
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230U Powers that may be exercised on entry
A port safety officer who enters premises
under section 230S or 230T may do any one
or more of the following--
5 (a) inspect the premises; or
(b) seize any thing found at the premises
that the port safety officer believes on
reasonable grounds to be connected
with a contravention of a hazardous
10 port activity provision; or
(c) take samples, photographs or film,
videotape or otherwise record images
or record sound in connection with the
inspection; or
15 (d) search for and inspect relevant
documents; or
(e) require any person at the premises to
produce to the port safety officer any
document that is required to be kept for
20 the purpose for which the inspection is
being made and that is located at the
premises and that is in the person's
custody or possession or under the
person's control; or
25 (f) make copies of, or take extracts from,
any document that is required to be
kept for the purpose for which the
inspection is being made and that is
kept at the premises; or
30 (g) exercise any other power under this Act
conferred on the port safety officer for
those purposes.
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230V Securing a site
(1) A port safety officer may take all reasonable
steps to secure the perimeter of any area of
land entered under this Division if he or she
5 believes on reasonable grounds that it is
necessary--
(a) for the purpose of ascertaining whether
an offence against a hazardous port
activity provision has been committed;
10 or
(b) to preserve evidence relating to the
commission of an offence against a
hazardous port activity provision.
(2) The perimeter of an area secured under this
15 section may be secured for a period that the
port safety officer considers appropriate or
the Secretary specifies.
230W Offence to enter secured site
A person must not enter a site the perimeter
20 of which has been secured under
section 230V unless the person has a
reasonable excuse.
Penalty: 60 penalty units.
Division 4--Provisions as to use of or seizure of
25 equipment or goods
230X Use of equipment to examine or process
things
(1) A port safety officer may bring on to any
premises or vessel at which the port safety
30 officer is exercising a power under
Division 2 or Division 3 any equipment
reasonably necessary for the examination or
processing of things found at the premises or
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on the vessel in order to determine whether
they are things that may be seized.
(2) The port safety officer may operate
equipment already at the premises to carry
5 out the examination or processing of a thing
found at the premises in order to determine
whether it is a thing that may be seized, if the
port safety officer believes on reasonable
grounds that--
10 (a) the equipment is suitable for the
examination or processing; and
(b) the examination or processing can be
carried out without damage to the
equipment or the thing.
15 230Y Copies of certain things seized to be given
(1) If, in exercising a power under Division 2 or
Division 3, a port safety officer seizes--
(a) a document; or
(b) a thing that can be readily copied; or
20 (c) a storage device that contains
information that can be readily
copied--
the port safety officer must give a copy of
the document, thing or information to the
25 owner or the custodian of the document,
thing or device as soon as practicable after
the seizure.
(2) Subsection (1) does not apply if the port
safety officer is unable to discover the
30 identity of the owner or custodian of the
document, thing or device.
(3) If it is not practicable to comply with
subsection (1) in respect of a document,
thing or device before the port safety officer
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finishes the search, the port safety officer
must give a receipt for it to the person from
whom it is seized and removed.
230Z Access to seized things
5 (1) If a thing is seized under Division 2 or
Division 3, the port safety officer who seized
the thing must, if practicable, allow the
person who would normally be entitled to
possession of it reasonable access to it while
10 it remains in the possession, or under the
control, of the port safety officer.
(2) This section does not apply if the port safety
officer has given the person an accurate copy
of the thing.
15 230ZA Retention and return of seized documents
or things
(1) If a port safety officer seizes a document or
other thing under this Part, the port safety
officer must take reasonable steps to return
20 the document or thing to the person from
whom it was seized if the reason for its
seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized,
25 the port safety officer must take reasonable
steps to return it unless--
(a) proceedings for the purpose for which
the document or thing was seized or
retained have commenced within that
30 3 month period and those proceedings
(including any appeal) have not been
completed; or
(b) the Magistrates' Court makes an order
under section 230ZB extending the
35 period during which the document or
thing may be retained.
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s. 15
230ZB Magistrates' Court may extend 3 month
period
(1) A port safety officer may apply to the
Magistrates' Court within 3 months after
5 seizing a document or thing under Division 2
or Division 3 for an extension (not exceeding
3 months) of the period for which the port
safety officer may retain the document or
thing but so that the total period of retention
10 does not exceed 12 months.
(2) The Magistrates' Court may order such an
extension if it is satisfied that the total period
of retention of the document or thing does
not exceed 12 months and that retention of
15 the document or thing is necessary--
(a) for the purpose of an investigation into
whether a contravention of a hazardous
port activity provision; or
(b) to enable evidence of a contravention of
20 a hazardous port activity provision to
be obtained for the purpose of a
proceeding under such a hazardous port
activity provision.
(3) The Magistrates' Court may adjourn an
25 application to enable notice of the
application to be given to any person.
Division 5--General
230ZC Requirement to assist port safety officer
during entry
30 (1) A port safety officer who is exercising a
power under and in accordance with
Division 2 or 3 may require the occupier of
the premises or master of a vessel--
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s. 15
(a) to give information to the port safety
officer, orally or in writing; and
(b) to produce documents to the port safety
officer; and
5 (c) to give reasonable assistance to the port
safety officer.
(2) Without limiting subsection (1), the port
safety officer may direct the person to find
and gain access to electronically stored
10 information.
(3) A person to whom a direction is given under
this section must not refuse or fail to comply
with a direction under subsection (1) unless
the person has a reasonable excuse.
15 Penalty: 60 penalty units.
(4) In proceedings for an offence against
subsection (3), it is a reasonable excuse if the
direction was unreasonable.
(5) In proceedings for an offence against
20 subsection (3), it is a defence if the person
charged proves on the balance of
probabilities that the direction or its subject-
matter was outside the scope of the business
or other activities of the person.
25 230ZD Self-incrimination
A person is not excused from complying
with section 230ZC on the ground that
complying with the requirement may result
in information being provided that--
30 (a) might incriminate the person; or
(b) may make the person liable to a
penalty.
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230ZE Admissibility of information obtained
under section 230ZC
(1) The provisions of subsection (2) apply to--
(a) any information obtained from a natural
5 person under a requirement to give
information, produce documents or
give reasonable assistance under this
Division; and
(b) any information, document or thing
10 obtained as a direct result or indirect
consequence of information disclosed
or provided by a natural person under
paragraph (a).
(2) The information, document or thing--
15 (a) is not admissible in evidence against
the person in criminal proceedings
other than in proceedings in respect of
the provision of false information; and
(b) must not be used in any action,
20 proceeding or process that may make
the person liable to a penalty.
230ZF Persons who may bring proceedings
(1) A port safety officer may bring proceedings
for an offence against a hazardous port
25 activity provision.
(2) A port safety officer may conduct before a
court any proceedings for an offence against
a hazardous port activity provision.
__________________".
__________________
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Part 5--Amendment of the Road Safety Act 1986
s. 16
PART 5--AMENDMENT OF THE ROAD SAFETY ACT 1986
16 Suspension of approval of alcohol interlock supplier
See: (1) In the Road Safety Act 1986--
Act No.
127/1986.
Reprint No. 11
(a) in section 50AAD(3)(a)(ii) and (iii), after
5 as at "cancelled" insert "or suspended";
29 September
2008 (b) in section 50AAD(3), after "approved
and
amending alcohol interlock supplier" (where last
Act Nos occurring) insert "whose approval was in
19/1991,
30/2007, force";
2/2008,
10 12/2008, (c) in the heading to section 50AAI, after
46/2008, "Cancellation" insert "or suspension";
77/2008,
13/2009,
17/2009,
(d) in section 50AAI(1), after "cancel" insert
28/2009 and "or suspend";
55/2009.
LawToday: (e) in section 50AAI(2)--
www.
15 legislation. (i) after "cancels" insert "or suspends";
vic.gov.au
and
(ii) after "cancelled" insert "or suspended
(as the case requires)";
(f) in section 50AAI(4), for "(2)(b) and (3)"
20 substitute "(2)(b), (3) and (3A)";
(g) in the note at the foot of section 50AAI(4)--
(i) after "cancelled" insert "or suspended";
and
(ii) after "approved" insert "or that the
25 supplier's approval was in force (as the
case requires)";
(h) in section 50AAJ(1)(b)--
(i) for "50AAH or 50AAI" substitute
"50AAH, 50AAI or 50AAIB"; and
30 (ii) after "cancel" insert "or suspend".
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s. 17
(2) After section 50AAI(3) of the Road Safety Act
1986 insert--
"(3A) If the Corporation suspends the approval of
an alcohol interlock supplier, a person whose
5 driver licence or permit is subject to an
alcohol interlock condition breaches the
condition if--
(a) the supplier, or a person or body
authorised by the supplier, installs or
10 maintains an approved alcohol interlock
in a motor vehicle after the later of the
following and before the end of the
period of suspension--
(i) the day specified in the notice
15 published under subsection (2)(a);
or
(ii) if the person is sent a notice under
subsection (2)(b), the day
specified in the notice; and
20 (b) the person drives the motor vehicle
with that approved alcohol interlock
after the later of those days and before
the end of the period of suspension.".
17 Conditions on approvals
25 (1) After section 50AAF(2) of the Road Safety Act
1986 insert--
"(2A) Without limiting subsection (1) or (3), a
condition on an approval may require an
alcohol interlock supplier--
30 (a) not to install approved alcohol
interlocks for a specified period not
exceeding 3 months; or
(b) not to engage a specified agent to
install or maintain approved alcohol
35 interlocks for a specified period.".
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s. 18
(2) After section 50AAF(3) of the Road Safety Act
1986 insert--
"(4) Despite subsection (3), the Corporation may
immediately vary or revoke a condition on
5 an approval or impose a new condition on an
approval if the Corporation considers it
necessary to do so in the interests of public
safety.
(5) A person or body whose approval is affected
10 by a decision of the Corporation under
subsection (4) may require the Corporation,
by notice served on the Corporation, to hold
an inquiry under section 50AAIB into the
decision.
15 (6) The Corporation must commence an inquiry
under section 50AAIB within 7 days after
service on the Corporation of a notice under
subsection (5).".
18 New sections 50AAIA, 50AAIB and 50AAIC
20 inserted
After section 50AAI of the Road Safety Act 1986
insert--
"50AAIA Power of immediate suspension
(1) The Corporation may immediately suspend
25 an approval under section 50AAE if the
Corporation considers it necessary to do so
in the interests of public safety.
(2) A suspension under this section may be for a
specified period or until a specified event or
30 until a further determination made by the
Corporation.
(3) A person or body whose approval under
section 50AAE has been suspended under
this section may require the Corporation, by
35 notice served on the Corporation, to hold an
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Part 5--Amendment of the Road Safety Act 1986
s. 18
inquiry under section 50AAIB into the
suspension.
(4) The Corporation must commence an inquiry
under section 50AAIB within 7 days after
5 service on the Corporation of a notice under
subsection (3).
(5) If an inquiry is held under section 50AA1B,
a suspension under this section, if then still
in effect, ceases to have effect on the
10 completion of that inquiry.
50AAIB Inquiry
(1) The Corporation may hold an inquiry for the
purpose of determining whether proper cause
exists for taking action under section
15 50AAF(4) or 50AAIA against an approved
alcohol interlock supplier.
(2) Following an inquiry, if the Corporation is
satisfied that proper cause for taking action
under section 50AAF(4) or 50AAIA against
20 the alcohol interlock supplier exists, the
Corporation may--
(a) reprimand the supplier;
(b) warn the supplier that should further
proper cause for taking action be found
25 to exist, the supplier's approval may be
cancelled;
(c) impose one or more new conditions on
the approval;
(d) shorten the period for which the
30 approval is to remain in force;
(e) suspend the approval for a specified
period or until a specified event or until
a further determination made by the
Corporation;
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s. 19
(f) cancel the approval immediately or
with effect from a specified later date.
(3) In exercising its powers under this section,
the Corporation--
5 (a) must act fairly and according to equity
and good conscience without regard to
technicalities or legal forms; and
(b) is not bound by rules or practice as to
evidence but may inform itself in
10 relation to any matter in any manner
that it thinks fit.
(4) Subject to this section, the procedure of the
Corporation on any inquiry under this
section is in the discretion of the
15 Corporation.
50AAIC Effect of suspension
An alcohol interlock supplier whose
approval under section 50AAE is suspended
is not approved during the period of the
20 suspension.".
19 Impoundment regime
In section 84C(1) of the Road Safety Act 1986, in
paragraph (f) of the definition of relevant offence,
after "offence against" insert "section 65B or".
25 20 Disclosure of information
(1) In section 92(1) of the Road Safety Act 1986
insert the following definition--
"public transport regulator means--
(a) the Director of Public Transport
30 referred to in section 8 of the
Transport Act 1983;
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Part 5--Amendment of the Road Safety Act 1986
s. 20
(b) the Director, Public Transport Safety
appointed under section 9L of the
Transport Act 1983;".
(2) After section 92(3)(c) of the Road Safety Act
5 1986 insert--
"(ca) to or by a public transport regulator for the
purposes of performing a function or
exercising a power of the public transport
regulator under the Transport Act 1983, the
10 Public Transport Competition Act 1995,
the Rail Safety Act 2006, the Bus Safety
Act 2009 or the regulations made under any
of those Acts; or
(cb) to or by the Port of Melbourne Corporation
15 established under section 10 of the Port
Services Act 1995 for the purpose of
ascertaining the ownership of abandoned or
unattended vehicles in the port of Melbourne
(within the meaning of that Act); or".
20 (3) After section 92(3)(ha) of the Road Safety Act
1986 insert--
"(hb) to a government department or agency of this
or any other State or a Territory or the
Commonwealth that is specified by the
25 Minister, by notice published in the
Government Gazette, for the purposes of this
paragraph to assist with verification of
information in a driver licence or learner
permit issued, or purported to have been
30 issued, under this Act that is produced as
evidence of identity to the government
department or agency; or".
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Part 5--Amendment of the Road Safety Act 1986
s. 21
(4) After section 92(3)(i) of the Road Safety Act
1986 insert--
"(iaa) if the Minister makes a declaration under
section 92A in relation to exceptional
5 circumstances, for the purposes of dealing
with those exceptional circumstances in
accordance with section 92B; or".
(5) In section 92(3)(ca) of the Road Safety Act 1986,
for "Public Transport Competition Act 1995"
10 substitute "Bus Services Act 1995".
21 New sections 92A and 92B inserted
After section 92 of the Road Safety Act 1986
insert--
"92A Minister may make declaration in
15 exceptional circumstances
(1) The Minister, by notice published in the
Government Gazette, may make a
declaration under this section if the Minister
is satisfied that--
20 (a) exceptional circumstances, whether in
or outside Victoria, exist or have
occurred that--
(i) endanger, or threaten to endanger,
the life, health or safety of any
25 person; or
(ii) destroy or damage, or threaten to
destroy or damage, any property,
the environment or part of the
environment; and
30 (b) it is appropriate to disclose and use
information that would otherwise be
protected from disclosure or use by
section 92 pending, during or following
those exceptional circumstances.
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Part 5--Amendment of the Road Safety Act 1986
s. 21
Note
Events such as natural disasters, fires, explosions,
accidents, unlawful acts (whether actual or
threatened) and disruptions to essential services may
5 be the basis for a declaration, if the requirements of
subsection (1) are met.
(2) A declaration takes effect on the day of
publication of the notice referred to in
subsection (1) or any later date specified in
10 the declaration.
(3) The Minister, by notice published in the
Government Gazette, may revoke a
declaration.
(4) A declaration ceases to have effect at the
15 earliest of--
(a) if a time at which the declaration will
cease to have effect is specified in the
declaration, that time; or
(b) the time at which the declaration is
20 revoked; or
(c) the expiry of 12 months after the
declaration is made.
92B Disclosure of personal information in
exceptional circumstances
25 (1) In this section--
permitted purpose means a purpose that
directly relates to the State's response to
exceptional circumstances in respect of
which a declaration under section 92A
30 is in force, including--
(a) identifying individuals who--
(i) are, or may be, injured,
missing or dead as a result of
the exceptional
35 circumstances; or
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s. 21
(ii) are, or may be, otherwise
involved in the exceptional
circumstances;
(b) assisting individuals involved in
5 the exceptional circumstances to
obtain services such as
government services, medical or
other treatment, health services or
financial or other humanitarian
10 assistance;
(c) assisting with law enforcement in
relation to the exceptional
circumstances;
(d) coordination or management of
15 the exceptional circumstances.
(2) At any time when a declaration under
section 92A is in force in relation to
exceptional circumstances, the Corporation
may disclose or use information of a
20 personal nature relating to an individual that
would otherwise be protected from
disclosure or use by section 92 if--
(a) the Corporation reasonably believes
that the individual concerned may be
25 involved in the exceptional
circumstances; and
(b) the disclosure or use is for a permitted
purpose in relation to the exceptional
circumstances; and
30 (c) the disclosure is to an agency or
organisation that--
(i) is, or is likely to be, involved in
managing, or assisting in the
management of, the exceptional
35 circumstances; or
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Part 5--Amendment of the Road Safety Act 1986
s. 22
(ii) is directly involved in providing
government services, medical or
other treatment, health services or
financial or other humanitarian
5 assistance services to individuals
involved in the exceptional
circumstances; and
(d) the disclosure is not to a media
organisation.".
10 22 Exemptions from fatigue management requirements
(1) For section 191ZZ(1) of the Road Safety Act
1986 substitute--
"(1) A person who--
(a) is acting for an emergency service and
15 who has time-critical duties on the way
to, or during, an emergency; or
(b) is a driver for a rail replacement bus
service and who is responding to a rail
disruption; or
20 (c) is a driver for a bus service and who is
responding to an emergency--
is exempted in the course of carrying out
those duties from the prescribed provisions
of this Act or the regulations.
25 Note
Other fatigue-related duties continue to apply.".
(2) For section 191ZZ(2) of the Road Safety Act
1986 substitute--
"(2) A person who is acting for an emergency
30 service and who is returning from attending
an emergency is exempted from the
provisions of this Act or the regulations that
are prescribed for the purposes of subsection
(1) if non-compliance with those provisions
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Part 5--Amendment of the Road Safety Act 1986
s. 23
does not present an unreasonable danger to
other road users.".
(3) In section 191ZZ(3) of the Road Safety Act
1986--
5 (a) in paragraph (f) of the definition of
emergency service, for "service." substitute
"service;";
(b) insert the following definitions--
"rail disruption means the unplanned
10 disruption of a rail service that is
sufficiently serious to require the
provision of a rail replacement bus
service;
rail replacement bus service means a bus
15 service (operated by an accredited
person within the meaning of the
Public Transport Competition Act
1995) which carries passengers of a
disrupted rail service;
20 rail service means a train service or a tram
service.".
(4) In section 191ZZ(3) of the Road Safety Act 1986,
in the definition of rail replacement bus service,
for "an accredited person within the meaning of
25 the Public Transport Competition Act 1995"
substitute "an accredited bus operator within the
meaning of the Bus Safety Act 2009".
23 Statute law revision
(1) In section 48(2)(d) of the Road Safety Act 1986,
30 for "offence against" substitute "offence,
against".
(2) In section 51(2) of the Road Safety Act 1986, for
"charge" substitute "charge-sheet".
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Part 5--Amendment of the Road Safety Act 1986
s. 23
(3) In section 80(2) of the Road Safety Act 1986, for
"traffic control signal" (wherever occurring)
substitute "traffic signal".
__________________
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Part 6--Amendment of the Road Management Act 2004
s. 24
PART 6--AMENDMENT OF THE ROAD MANAGEMENT
ACT 2004
24 Powers of a road authority
See: After the note at the foot of section 35(4) of the
Act No.
5 12/2004. Road Management Act 2004 insert--
Reprint No. 2
as at "(5) Despite subsection (4), if a road authority is
11 October
2006
prescribed for the purposes of section 37(2A)
and as the responsible road authority for road-
amending
Act Nos
related infrastructure, or a class of road-
10 61/2005, related infrastructure, on a road, or a class of
74/2006,
85/2006,
road, a function or power that would
69/2007, otherwise be a function or power of a
74/2007,
13/2009,
municipal council in relation to that road-
17/2009 and related infrastructure under this Act or any
28/2009.
15 LawToday:
other Act is subject to those regulations.".
www.
legislation.
vic.gov.au
25 Responsible road authority
After the example at the foot of section 37(2) of
the Road Management Act 2004 insert--
"(2A) Despite subsection (2), the regulations may
20 provide that a prescribed road authority is the
responsible road authority for prescribed
road-related infrastructure, or a prescribed
class of road-related infrastructure, on a
prescribed road, or a prescribed class of
25 road.".
26 Removal of stationary vehicles
In section 119A(2) of the Road Management Act
2004--
(a) in paragraph (b), for "place." substitute
30 "place; and";
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Part 6--Amendment of the Road Management Act 2004
s. 27
(b) after paragraph (b) insert--
"(c) may store the vehicle.".
27 Removal of abandoned property
(1) In section 119B of the Road Management Act
5 2004, after "remove" insert "or cause to be
removed".
(2) At the end of section 119B of the Road
Management Act 2004 insert--
"(2) VicRoads may recover from the owner of
10 any thing removed under this section any
reasonable costs incurred in removing it.".
28 Regulations
(1) After section 132(2)(a) of the Road Management
Act 2004 insert--
15 "(ab) removing or relocating from a road or other
property owned or occupied by a road
authority any thing that poses or may pose a
risk to the safety of road users or the
community;".
20 (2) After section 132(2)(n) of the Road Management
Act 2004 insert--
"(na) controlling or removing vegetation, whether
growing or dead, in a road reserve that may
pose a risk to the safety of road users or the
25 community;".
(3) After section 132(2)(t) of the Road Management
Act 2004 insert--
"(ta) coordinating the use of a road reserve if 2 or
more of any of the following have road
30 management functions in relation to the road
reserve--
(i) a road authority;
(ii) a utility;
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Part 6--Amendment of the Road Management Act 2004
s. 29
(iii) a provider of public transport;
(iv) an infrastructure manager;
(v) a works manager;".
29 Power to move other obstructions
5 At the end of clause 6 of Schedule 4 to the Road
Management Act 2004 insert--
"(2) A State road authority may recover from the
owner of any thing moved under subclause
(1)(a) any reasonable costs incurred in
10 moving it.".
__________________
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Bill 2009
Part 7--Amendment of the Melbourne City Link Act 1995
s. 30
PART 7--AMENDMENT OF THE MELBOURNE CITY LINK
ACT 1995
30 Repeal
Section 87(3AA) of the Melbourne City Link See:
Act No.
5 Act 1995 is repealed. 107/1995.
Reprint No. 7
as at
1 September
2008
and
amending
Act Nos
14/2007,
30/2007,
66/2008,
6/2009,
17/2009 and
28/2009.
LawToday:
www.
legislation.
vic.gov.au
31 Statute law revision
In section 3 of the Melbourne City Link Act
1995--
(a) the definition of Council is repealed;
10 (b) insert the following definition--
"Council has the same meaning as in the
Local Government Act 1989;".
__________________
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Part 8--Amendment of the Accident Towing Services Act 2007
s. 32
PART 8--AMENDMENT OF THE ACCIDENT TOWING
SERVICES ACT 2007
32 Roster entitlements
See: In section 48 of the Accident Towing Services
Act No.
5 30/2007 Act 2007, after "entitles the holder of the licence"
and insert ", subject to the regulations,".
amending
Act No.
28/2009.
LawToday:
www.
legislation.
vic.gov.au
33 New sections inserted after section 140H
After section 140H of the Accident Towing
Services Act 2007 insert--
10 "140I Offence not to carry permit when driving
(1) If the holder of a tow truck trainee permit is
driving a tow truck or accompanying another
person who is driving a tow truck in
circumstances in which he or she is required
15 under this Division to have a tow truck
trainee permit, he or she must carry his or
her permit.
Penalty: 15 penalty units.
(2) If the holder of a tow truck trainee permit is
20 driving a tow truck and another person is
accompanying the holder of the permit in
circumstances in which the other person is
required under this Act, or under the
conditions of the permit, to hold a tow truck
25 driver accreditation, the other person must
carry his or her certificate of accreditation.
Penalty: 15 penalty units.
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Part 8--Amendment of the Accident Towing Services Act 2007
s. 33
140J Offence not to produce permit when asked
(1) The holder of a tow truck trainee permit
must produce his or her permit if--
(a) he or she is driving a tow truck or
5 accompanying another person who is
driving a tow truck in circumstances in
which he or she is required under this
Division to hold the permit; and
(b) he or she is asked to produce the permit
10 by--
(i) an authorised officer; or
(ii) a member of the force; or
(iii) the owner or driver of an accident
damaged motor vehicle that is
15 being, or is about to be towed by
the tow truck.
Penalty: 15 penalty units.
(2) The holder of a tow truck driver
accreditation must produce his or her
20 certificate of accreditation if--
(a) the holder of the accreditation is
accompanying the holder of a tow truck
trainee permit who is driving a tow
truck, in circumstances in which the
25 holder of the accreditation is required
under this Act or the conditions of the
permit to hold the accreditation; and
(b) the holder of the accreditation is asked
to produce the accreditation by--
30 (i) an authorised officer; or
(ii) a member of the force; or
561410B.I-11/11/2009 121 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 8--Amendment of the Accident Towing Services Act 2007
s. 34
(iii) the owner or driver of an accident
damaged motor vehicle that is
being, or is about to be towed by
the tow truck.
5 Penalty: 15 penalty units.".
34 Direction to state name and address
In section 201(1) of the Accident Towing
Services Act 2007, for "or licence" substitute
", a licence or a tow truck trainee permit".
10 35 Regulation making powers
(1) In section 223(1)(d) of the Accident Towing
Services Act 2007, after "but not limited to,"
insert "the inclusion of persons or refusal to
include persons on the roster or".
15 (2) In section 223(2) of the Accident Towing
Services Act 2007--
(a) in paragraph (f), for "as is specified."
substitute "as is specified; and";
(b) after paragraph (f) insert--
20 "(g) may provide for fees to be payable in
respect of tow truck licences, which
may be payable annually.".
__________________
561410B.I-11/11/2009 122 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 36
PART 9--AMENDMENTS RELATING TO VICROADS
Division 1--Transport Act 1983
36 Amendment of section 16--Objects and functions of
Roads Corporation
5 In section 16(1)(g) of the Transport Act 1983
omit "in connection with transport".
Division 2--EastLink Project Act 2004
37 Amendment of section 3--Definitions
In section 3(1) of the EastLink Project Act 2004 See:
Act No.
10 for the definition of Authority substitute-- 39/2004.
Reprint No. 2
"Authority means VicRoads;". as at
31 July 2009
and
amending
Act No.
6/2009.
LawToday:
www.
legislation.
vic.gov.au
38 New section 4A inserted
After section 4 of the EastLink Project Act 2004
insert--
15 "4A Functions and powers of VicRoads
(1) For the purposes of this Act, VicRoads has
the following functions--
(a) on behalf of the State, to administer and
manage agreements and arrangements
20 between the State and any other person
for, or relating to, the development or
delivery of the Project;
561410B.I-11/11/2009 123 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 38
(b) to make recommendations regarding
those agreements and arrangements to
the Minister;
(c) to facilitate and coordinate
5 consultations with statutory authorities
and agencies of the State and other
bodies or persons involved in, or
affected by, the development or
operation of the Project;
10 (d) to negotiate and enter into
arrangements with statutory authorities
and agencies of the State and other
bodies or persons involved in, or
affected by, the development or
15 operation of the Project;
(e) to make recommendations to the
Minister in relation to facilitating the
Project and coordinating with statutory
authorities, agencies of the State and
20 other bodies or persons involved in, or
affected by, the development or
operation of the Project;
(f) to ensure that agreements and
arrangements between the State and
25 any other person for, or relating to, the
development or delivery of the Project
are performed in accordance with their
terms;
(g) to manage the responsibilities of the
30 State in relation to the operation of the
Project;
561410B.I-11/11/2009 124 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 39
(h) to make recommendations to the
Minister on public safety issues relating
to the Project;
(i) to manage, on behalf of the State,
5 regulatory issues arising from the
operation of the Project.
(2) VicRoads must comply with any directions
given by the Minister, including any
direction relating to the provision of
10 information or reports concerning the
exercise of its powers and the performance
of its functions.".
39 Consequential amendments
(1) In sections 1(c), 1(e), 35(b) and 47(2)(b) of the
15 EastLink Project Act 2004 for "the Southern and
Eastern Integrated Transport Authority"
substitute "VicRoads".
(2) In section 44 of the EastLink Project Act 2004--
(a) subsection (2)(a) is repealed;
20 (b) in subsection (3) for "VicRoads or the"
substitute "The".
(3) In section 81 of the EastLink Project Act 2004--
(a) subsection (2)(a) is repealed;
(b) in subsection (3) for "VicRoads or the"
25 substitute "The".
561410B.I-11/11/2009 125 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
40 New Part 12 inserted
After Part 11 of the EastLink Project Act 2004
insert--
"PART 12--TRANSFER OF PROJECT FROM
5 THE SOUTHERN AND EASTERN
INTEGRATED TRANSPORT AUTHORITY TO
VICROADS
260 Definitions
In this Part--
10 instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
15 property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
20 rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
Southern and Eastern Integrated Transport
Authority means the Southern and
25 Eastern Integrated Transport Authority
established under the Southern and
Eastern Integrated Transport
Authority Act 2003;
transfer date means the date specified under
30 section 261(2)(d) for the purposes of
the transfer.
561410B.I-11/11/2009 126 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
261 Transfer of the Project
(1) The Southern and Eastern Integrated
Transport Authority must give to the
Minister within the period of 3 months after
5 the date on which this Act receives the Royal
Assent a statement or statements approved
by the Minister relating to the property,
rights and liabilities of the Southern and
Eastern Integrated Transport Authority in
10 relation to the Project at a date specified by
the Minister for the purposes of the relevant
statement.
(2) A statement under this section in relation to
the Project--
15 (a) must allocate to VicRoads all the
property, rights and liabilities of the
Southern and Eastern Integrated
Transport Authority which relate to the
Project; and
20 (b) must be agreed to by the Chief
Executive of VicRoads, and
(c) must be signed by the Chairperson of
the Southern and Eastern Integrated
Transport Authority and the Chief
25 Executive of VicRoads; and
(d) must specify the transfer date on which
the transfer is to take effect.
(3) If a statement under this section is approved
by the Minister--
30 (a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part; and
561410B.I-11/11/2009 127 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
(c) the Minister must cause the allocation
statement to be published in the
Government Gazette.
(4) The Minister may at any time direct the
5 Southern and Eastern Integrated Transport
Authority to amend a statement given to the
Minister under this section as specified in the
direction.
(5) An allocation statement under this section
10 may be amended in writing signed by the
Minister.
(6) If an allocation statement is amended under
subsection (5), the amendments must be
published in the Government Gazette.
15 (7) Nothing in this section affects or limits any
approval, agreement or other authority that
either the Southern and Eastern Integrated
Transport Authority or VicRoads may
require or need to obtain before it can be a
20 party to the transfer.
(8) In this section, statement and allocation
statement include a statement or allocation
statement amended in accordance with this
section.
25 Note
For the definition of Project see section 4.
262 Property transferred to VicRoads
On the transfer date--
(a) all property and rights of the Southern
30 and Eastern Integrated Transport
Authority that are allocated to
VicRoads under an allocation
statement, vest in VicRoads; and
561410B.I-11/11/2009 128 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
(b) all liabilities of the Southern and
Eastern Integrated Transport Authority
that are allocated to VicRoads under an
allocation statement, become liabilities
5 of VicRoads.
263 Transfer subject to encumbrances
Unless an allocation statement under this
Part otherwise provides, where, under this
Part property and rights vest in VicRoads or
10 liabilities become liabilities of VicRoads--
(a) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
15 (b) the rights to which the Southern and
Eastern Integrated Transport Authority
was entitled in respect of those
liabilities immediately before they
ceased to be liabilities of the Southern
20 and Eastern Integrated Transport
Authority vest in VicRoads.
264 Substitution of party to agreement
If, under an allocation statement, the rights
and liabilities of the Southern and Eastern
25 Integrated Transport Authority under an
agreement are transferred to VicRoads--
(a) VicRoads becomes, on the transfer
date, a party to the agreement in the
place of the Southern and Eastern
30 Integrated Transport Authority; and
(b) on and after the transfer date, the
agreement has effect as if VicRoads
had always been a party to the
agreement.
561410B.I-11/11/2009 129 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
265 Instruments
Each Southern and Eastern Integrated
Transport Authority instrument relating to
property transferred to VicRoads under this
5 Part continues to have effect according to its
tenor on and after the transfer date as if a
reference in the instrument to the Southern
and Eastern Integrated Transport Authority
were a reference to VicRoads.
10 266 Proceedings
If, immediately before the transfer date,
proceedings relating to property transferred
to VicRoads (including arbitration
proceedings) to which the Southern and
15 Eastern Integrated Transport Authority was a
party were pending or existing in any court
or tribunal, then, on and after the transfer
date, VicRoads is substituted for the
Southern and Eastern Integrated Transport
20 Authority as a party to the proceedings and
has the same rights in the proceedings as the
Southern and Eastern Integrated Transport
Authority had.
267 Interests in land
25 Without affecting the generality of this Part
and despite anything to the contrary in any
other Act (other than the Charter of Human
Rights and Responsibilities) or law, if,
immediately before the transfer date, the
30 Southern and Eastern Integrated Transport
Authority is, in relation to property
transferred to VicRoads, the registered
proprietor of an interest in land under the
Transfer of Land Act 1958, then on and
35 after the transfer date--
561410B.I-11/11/2009 130 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
(a) VicRoads is deemed to be the
registered proprietor of that interest in
land; and
(b) VicRoads has the same rights and
5 remedies in respect of that interest as
the Southern and Eastern Integrated
Transport Authority had.
268 Action by Registrar of Titles
On being requested to do so and on delivery
10 of any relevant instrument or document, the
Registrar of Titles must make any recordings
in the Register that are necessary because of
the operation of this Part.
269 Taxes
15 No stamp duty or other tax is chargeable
under any Act in respect of anything done
under this Part or in respect of any act or
transaction connected with or necessary to be
done by reason of the Part, including a
20 transaction entered into or an instrument
made, executed, lodged or given, for the
purpose of, or connected with the transfer of
property, rights or liabilities under an
allocation statement.
25 270 Evidence
Documentary or other evidence that would
have been admissible for or against the
interests of the Southern and Eastern
Integrated Transport Authority in relation to
30 property transferred to VicRoads is
admissible for or against the interests of
VicRoads.
561410B.I-11/11/2009 131 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
271 Transfer of employees
(1) This section applies to an employee who is
not employed under Part 3 of the Public
Administration Act 2004.
5 (2) If as a result of an allocation statement it is
necessary to transfer any employees from the
Southern and Eastern Integrated Transport
Authority to VicRoads, the Secretary to the
Department of Transport must list in writing
10 the persons who were employed by the
Southern and Eastern Integrated Transport
Authority before the transfer date and who
are to be transferred to VicRoads.
(3) An employee transferred under this section is
15 to be regarded as--
(a) being employed by VicRoads with
effect from the transfer date;
(b) having been so employed on the same
terms and conditions as those that
20 applied to the person immediately
before the transfer date;
(c) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
25 entitlement that the person had accrued
immediately before the transfer date.
(4) The service of an employee transferred under
this section is to be regarded for all purposes
as having been continuous with the service
30 of the employee immediately before the
transfer date.
(5) An employee transferred under this section is
not entitled to receive any payment or other
benefit by reason only of having ceased to be
35 employed by the Southern and Eastern
561410B.I-11/11/2009 132 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
Integrated Transport Authority because of
the operation of this Part.
(6) A certificate purporting to be signed by the
Secretary to the Department of Transport
5 certifying that a person named in the
certificate was, with effect from the transfer
date, employed by virtue of this section by
VicRoads, is admissible in evidence in any
proceedings as evidence of the matters stated
10 in it.
(7) The superannuation entitlements of any
person who is transferred under this section
are to be taken not to be affected by that
person being transferred.
15 (8) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a person transferred
under this section from being altered by
or under any law, award or agreement
20 with effect from any time after the
transfer date;
(b) a person transferred under this section
from resigning or being dismissed at
any time after the transfer date in
25 accordance with the then existing terms
and conditions of his or her
employment with VicRoads.
272 Validity of things done under this Part
Nothing effected by, or done or suffered
30 under, this Part--
(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
561410B.I-11/11/2009 133 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 40
(b) is to be regarded as placing any person
in breach of or as constituting a default
under any Act (other than the Charter
of Human Rights and
5 Responsibilities) or other law or any
provision in any agreement,
arrangement or understanding
including, without limiting the
generality of the foregoing, any
10 provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
15 condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any
20 remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
25 asset, right or liability; or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
30 contract; or
(g) releases any surety or other obligee
wholly or in part from any obligation.
__________________".
561410B.I-11/11/2009 134 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 9--Amendments relating to VicRoads
s. 41
Division 3--Southern and Eastern Integrated Transport
Authority Act 2003
41 Amendment of section 3--Definitions
In section 3 of the Southern and Eastern See:
Act No.
5 Integrated Transport Authority Act 2003-- 25/2003.
Reprint No. 1
(a) the definition of EastLink Project is as at
15 May 2008
repealed; and
amending
(b) for the definition of Project substitute-- Act Nos
4/2008 and
"Project means a Road Transport-Related 17/2009.
10 Project;". LawToday:
www.
legislation.
vic.gov.au
42 Repeal of section 4--The EastLink Project
Section 4 of the Southern and Eastern
Integrated Transport Authority Act 2003 is
repealed.
__________________
561410B.I-11/11/2009 135 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 10--Amendment of the Major Transport Projects Facilitation Act 2009
s. 43
PART 10--AMENDMENT OF THE MAJOR TRANSPORT
PROJECTS FACILITATION ACT 2009
43 Statute law revision
See: (1) In section 3 of the Major Transport Projects
Act No.
5 56/2009. Facilitation Act 2009, in the definition of rail
Statute Book: infrastructure, for "At" substitute "Act".
www.
legislation.
vic.gov.au
(2) In section 10(1)(b) of the Major Transport
Projects Facilitation Act 2009, for "Part"
substitute "Parts".
10 (3) In section 57(1)(a) of the Major Transport
Projects Facilitation Act 2009, after "relation"
insert "to".
(4) In section 57(3)(b) of the Major Transport
Projects Facilitation Act 2009, for "35(1)(b)"
15 substitute "35(b)".
(5) In section 88(2)(b) of the Major Transport
Projects Facilitation Act 2009, for "sections"
substitute "section".
(6) In section 95(1) of the Major Transport Projects
20 Facilitation Act 2009--
(a) omit "the Planning Minister"; and
(b) for paragraphs (a) and (b) substitute--
"(a) the Governor in Council declares a
transport project to be a declared
25 project to which this Act (other than
Parts 3 and 8) applies; or
(b) the Planning Minister makes an
approval decision in relation to a
declared project.".
561410B.I-11/11/2009 136 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 10--Amendment of the Major Transport Projects Facilitation Act 2009
s. 43
(7) For section 95(2)(a) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(a) in the case where the Governor in Council
declares a transport project to be a declared
5 project to which this Act (other than Parts 3
and 8) applies--the declared project to
which that declaration relates;".
(8) In section 114(a) of the Major Transport
Projects Facilitation Act 2009, for "and"
10 substitute "or".
(9) In section 115(1) of the Major Transport
Projects Facilitation Act 2009, for "113"
substitute "114".
(10) In section 167(3)(b) of the Major Transport
15 Projects Facilitation Act 2009, after "Act" insert
"1978".
(11) In section 234(8)(b) of the Major Transport
Projects Facilitation Act 2009 omit "be".
(12) In Schedule 2 to the Major Transport Projects
20 Facilitation Act 2009, for "Section 262"
substitute "Section 264".
__________________
561410B.I-11/11/2009 137 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 11--Amendment of the Crimes Act 1958
s. 44
PART 11--AMENDMENT OF THE CRIMES ACT 1958
44 New section 317B inserted
See: After the heading to Division 9 of Part I of the
Act No.
6231. Crimes Act 1958 insert--
Reprint No. 21
5 as at "317B Interpretation
7 May 2009
and (1) In this Division--
amending
Act Nos drive, in relation to a motor vehicle, includes
16/2004,
9/2008, operate a vessel;
46/2008,
78/2008, motor vehicle includes vessel, whether or not
4/2009,
10 7/2009,
the vessel is powered by a motor;
22/2009 and
25/2009.. operate, in relation to a vessel, means--
LawToday:
www. (a) steer or navigate the vessel; or
legislation.
vic.gov.au (b) direct the steering or navigation of
the vessel or provide instructions
15 as to the steering or navigation of
the vessel; or
(c) substantially change the
movement or direction of the
vessel;
20 vessel has the same meaning as in the
Marine Act 1988.
(2) For the purposes of this Division--
(a) a person may operate a vessel that is at
anchor, made fast to the shore or
25 aground;
(b) a person does not operate a vessel
solely because the person is in charge
of the vessel.".
561410B.I-11/11/2009 138 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 11--Amendment of the Crimes Act 1958
s. 45
45 Culpable driving causing death
In section 318(6) of the Crimes Act 1958, after
"Road Safety Act 1986" insert "or the Marine
Act 1988".
5 46 New section 615 inserted in Crimes Act 1958
At the end of Part 7 of the Crimes Act 1958
insert--
"615 Transitional provision--Transport
Legislation Amendment (Hoon Boating
10 and Other Amendments) Act 2009
(1) Division 9 of Part I as amended by
sections 44 and 45 of the Transport
Legislation Amendment (Hoon Boating
and Other Amendments) Act 2009 applies
15 only to offences alleged to have been
committed on or after the commencement of
sections 44 and 45 of that Act.
(2) For the purposes of this section, if an offence
is alleged to have been committed between
20 two dates, one before and one after the
commencement of sections 44 and 45 of the
Transport Legislation Amendment (Hoon
Boating and Other Amendments) Act
2009, the offence is alleged to have been
25 committed before that commencement.".
47 Evidentiary provisions in Marine Act 1988
(1) In section 27(2) of the Marine Act 1988--
(a) in paragraph (d), for "corresponding law--"
substitute "corresponding law; or"; and
30 (b) after paragraph (d) insert--
"(e) an offence against section 318(1) of the
Crimes Act 1958 (whether in relation
to a motor vehicle or a vessel) where
the culpable driving is constituted by
561410B.I-11/11/2009 139 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 11--Amendment of the Crimes Act 1958
s. 48
behaviour referred to in section
318(2)(c) or (d) of that Act--".
(2) In sections 32(2) and 33(1) of the Marine Act
1988, after "section 28(1)" insert "or on a trial or
5 hearing for an offence against section 318(1) or
319(1) of the Crimes Act 1958 arising out of the
operating of a vessel".
48 Cancellation of operator licence under Marine
Act 1988
10 (1) In section 121(1) of the Marine Act 1988, for
"If a court" substitute "Subject to subsection
(1A), if a court".
(2) After section 121(1) of the Marine Act 1988
insert--
15 "(1A) On conviction for an offence against section
318(1), 319(1) or 319(1A) of the Crimes
Act 1958 in connection with the operating of
a vessel, the court must--
(a) in the case of an offender who holds an
20 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
25 (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.".
30 (3) In section 121(3) and (4) of the Marine Act 1988,
after "(1)" insert "or (1A)".
561410B.I-11/11/2009 140 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 11--Amendment of the Crimes Act 1958
s. 49
49 Consequential amendments
(1) In section 89(1)(c) and (d) of the Sentencing Act
1991, after "1958" insert "arising out of the
driving of a motor vehicle (other than the
5 operating of a vessel) by the offender".
(2) In the Road Safety Act 1986--
(a) in section 48(2)(f), after "1958" insert
"(whether in relation to a motor vehicle or a
vessel)";
10 (b) in section 57(2)(b), after "1958" insert
"arising out of the driving of a motor vehicle
but not the operating of a vessel";
(c) in section 57A(1), in paragraph (c) of the
definition of prescribed legal proceeding,
15 after "1958" insert "arising out of the
driving of a motor vehicle but not the
operating of a vessel";
(d) in section 57B(2)(c), after "1958" insert
"arising out of the driving of a motor vehicle
20 but not the operating of a vessel";
(e) in section 58(1)(b), after "1958" insert
"arising out of the driving of a motor vehicle
but not the operating of a vessel".
(3) In section 3(1) of the Bus Safety Act 2009--
25 (a) in the definition of tier 1 offence, in
paragraph (f), after "1958" insert "(whether
in relation to a motor vehicle or a vessel)";
(b) in the definition of tier 2 offence, in
paragraphs (d) and (e), after "1958" insert
30 "(whether in relation to a motor vehicle or a
vessel)".
561410B.I-11/11/2009 141 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 11--Amendment of the Crimes Act 1958
s. 49
(4) In the Transport Act 1983--
(a) in section 86(1)--
(i) in the definition of category 1 offence,
in paragraph (cb), after "1958" insert
5 "(whether in relation to a motor vehicle
or a vessel)";
(ii) in the definition of category 2 offence,
in paragraphs (cd) and (ce), after
"1958" insert "(whether in relation to a
10 motor vehicle or a vessel)";
(b) in section 130A(1)--
(i) in the definition of tier 1 offence, in
paragraph (cb), after "1958" insert
"(whether in relation to a motor vehicle
15 or a vessel)";
(ii) in the definition of tier 2 offence, in
paragraphs (bb) and (bc), after "1958"
insert "(whether in relation to a motor
vehicle or a vessel)";
20 (c) in section 132E(c), after "1958" insert
"(whether in relation to a motor vehicle or a
vessel)".
(5) In section 82(4A)(a) of the Accident
Compensation Act 1985 omit ", in respect of
25 driving a motor vehicle,".
__________________
561410B.I-11/11/2009 142 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Part 12--Repeal
s. 50
PART 12--REPEAL
50 Repeal of Act
This Act is repealed on 1 January 2012.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561410B.I-11/11/2009 143 BILL LA INTRODUCTION 11/11/2009
Transport Legislation Amendment (Hoon Boating and Other Amendments)
Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561410B.I-11/11/2009 144 BILL LA INTRODUCTION 11/11/2009
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