MARINE ACT 1988

Victorian Consolidated Legislation

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MARINE ACT 1988

No. 52 of 1988
Version incorporating amendments as at 30 January 2012

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
3A. Transport Integration Act 2010.
4. Act does not apply to defence force vessels
5. Act binds the Crown
6. Application to types of voyage

PART 2-REGISTRATION

7. Application of Part
8. Offence if a vessel is not registered
9. Names in which a vessel must not be registered
10. Effecting registration, renewal or transfer
10A. Register does not provide evidence of title
11. Power to cancel or suspend registration
12. Seizure of registration plates
13. Power to inspect vessels
14. Power to prohibit operation of particular vessel

PART 3-OPERATION OF VESSELS

15. Director may regulate or prohibit operation
16. Boating activities
17. Underage operators
18. Owner must give information
19. Person in charge must stop and give name and address
20. Duty of owner or person in charge if accident occurs
20A. Damage etc. to be reported
21. Person in charge must obey signals etc.
22. Dangerous operating
22A. Careless operation
23. Acts tending to endanger vessel or crew
24. Tampering with a vessel
25. Distress signals
26. Assistance to people in distress

PART 3A-HARBOUR MASTERS

26A. Requirement to engage harbour master
26B. Authorisation to act as a harbour master
26C. Functions of harbour masters
26D. Powers of harbour masters
26E. Power of harbour masters to give written and oral directions
26F. Specific provisions as to directions relating to the entry and removal of vessels
26G. General provisions relating to harbour master directions
26H. Amendment and revocation of directions
26HA. Harbour master may carry out direction
26HB. Offence to fail to comply with direction, or obstruct, harbour master
26HC. Identity cards
26HD. Issue of harbour master licences
26HE. Imposition or variation of conditions on harbour master licences
26HF. Requirement as to notification of licence conditions
26I. Protection from liability

PART 3B-PILOTAGE SERVICES

Division 1-Registration of pilotage services providers

26J. Notification of pilotage services provider
26K. Registration as a pilotage service provider
26L. Duration of registration
26M. Application for renewal of registration
26N. Certificates of registration
26O. The Register
26P. Requirement to notify the Director of changes to registration information
26Q. Records to be kept
26R. Offence to provide pilotage services without registration

Division 2-Safety standards for provision of pilotage services

26S. Compliance with safety standards
26T. Offence to fail to comply with safety standards

PART 4-OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS

27. Interpretation
28. Offences involving alcohol or other drugs
28A. Provisions about cancellation and disqualification
28B. Previous convictions
28C. Immediate suspension of operator licence in certain circumstances
28D. Appeal to court against suspension of operator licence
29. Preliminary breath tests
30. Preliminary breath testing stations
31. Breath analysis
31A. Blood samples to be taken in certain cases
32. Evidentiary provisions-blood tests
33. Evidentiary provisions-breath tests
33A. Avoidance of certain provisions in contracts of insurance

PART 5-POLLUTION

34. Definitions etc.
35. Saving of other laws
36, 37. Repealed
38. Removal of pollution
38A. Recovery of costs of analysis
39. Appropriate authority may issue written notice
40-44. Repealed
45. Power of Minister with respect to prohibited discharges
46. Non-compliance with notice under section 45(1)
47. Prevention of pollution caused by escape of oil
48. Power to prosecute
49. Application of penalties
50. Evidence
51. Service
52. Delegation

PART 6-INTERNATIONAL CONVENTIONS

Division 1-General

53. Definitions
54. Certificate by Minister as to amendments of Conventions
55. Regulations under this Part
56. Direction of Governor in Council and Minister
57. Delegation

Division 2-Prevention of Collisions Convention

58. Regulations giving effect to Prevention of Collisions
Convention

Division 3-Safety Convention

59. Regulations giving effect to Safety Convention

PART 7-MARINE INFRINGEMENTS

60. Marine infringements
61. Payment of penalty
61A. Effect of certain infringements
61B. Extension of time to object if no actual notice
61BA. Suspension of operator licence for drink-operator infringements
61C. Application of the Infringements Act 2006 to certain
offences
62. Proof of prior convictions

PART 7A-IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF RECREATIONAL VESSELS

Division 1-Preliminary

62A. Part 7A definitions
62B. Part does not affect other penalties
62C. Part has prospective application

Division 2-Impoundment or immobilisation of recreational
vessels

62D. Powers of police
62E. Seizure of recreational vessel
62F. Surrender of recreational vessel
62G. Impoundment or immobilisation of a recreational vessel
62H. Authorised persons
62I. Notice to operator, owner or registered person
62J. Content of notice
62K. Review by a senior police officer
62L. Release of recreational vessel by Victoria Police
62M. Appeal rights
62N. Offences
62O. Recovery of recreational vessel
62P. Crown to pay costs if operator found not guilty or charges not proceeded with

Division 3-Impoundment, immobilisation or forfeiture of recreational vessels by court order

62Q. Impoundment or immobilisation order
62R. Forfeiture order
62S. Application for an impoundment or immobilisation order or a forfeiture order
62T. Notice of application
62U. Interest in recreational vessel not to be transferred
62V. Notice in case of 2 or more charges
62W. Direction not to transfer registration or register recreational vessel
62X. Director not to transfer registration or register recreational
vessel
62Y. Cessation of direction under this Act does not affect any suspension
62Z. Hearing of application
62ZA. Application for variation of order
62ZB. When order takes effect
62ZC. Police powers
62ZD. Liability for costs of impoundment or immobilisation
62ZE. Ownership rights
62ZF. Third party protection from forfeiture order

Division 4-Search and seizure warrants

62ZG. Application for search and seizure warrant
62ZH. Search and seizure warrant
62ZI. Record of proceedings for search and seizure warrant
62ZJ. Announcement before entry
62ZK. Copy of search and seizure warrant to be given to occupier
62ZL. Use of assistants to execute search and seizure warrant
62ZM. Application of Magistrates' Court Act 1989.
62ZN. Expiry of search and seizure warrant
62ZO. Report on execution of search and seizure warrant
62ZP. Obstruction or hindrance of person executing search and seizure warrant

Division 5-Disposal of recreational vessels
Subdivision 1-Disposal of recreational vessels, items and things

62ZQ. Sale or disposal of uncollected recreational vessels and items
Subdivision 2-Disposal of recreational vessels, items or things if forfeiture order has taken effect
62ZR. Sale or disposal of recreational vessel subject to forfeiture order
62ZS. Application of proceeds of sale
Subdivision 3-Disposal of recreational vessels, items or things subject to disposal order
62ZT. Disposal of recreational vessel, item or thing subject to disposal order
62ZU. Notice to be given of intention to apply for disposal order
62ZV. Application for disposal order
62ZW. Hearing of application for and making of disposal order
62ZX. Application of proceeds of sale

Division 6-Miscellaneous

62ZY. Service of notices under Part 7A.

PART 8-ADMINISTRATION AND ENFORCEMENT

Division 1-Director of Marine Safety

63, 64. Repealed
65. Functions of the Director
66. Powers of the Director
66A. Acquisition of land
66B. Recovery of costs
66C. Protection of Director from liability
66D. Protection from liability (Victorian Marine Pollution Contingency Plan)
67. Exemptions
68, 69. Repealed
70. Restriction on whom the Director may authorise to act under specific sections
71. Advisory committees

Division 1A-Functions and powers of the Secretary

71A. Functions of the Secretary
71B. Powers of the Secretary

Division 2-Appointment of inspectors

72. Appointment of inspectors
73. Inspector's identity card
74. Production of identity card
74A-74E Repealed
75. Offence to impersonate an inspector

Division 2A-Compliance inspections

76. Definition
77. Powers to enter vessels without consent or warrant
78-81. Repealed

Division 3-Inspections and investigations

82. Definition
82A-82C Repealed
82D. Functions of inspectors
83. Powers of inspectors
83A. Offence to fail to comply with request of inspector
83B. Requirement to give name and address
83C. Identity of vessel owner or master must be disclosed
83D. Extension of detention time
84. Investigations
84A. Extension of suspension pending investigation
84B. Action by the Director following investigation
84C. Public release of report
85. Cancellation or suspension of certificates, licences or registrations

Division 4-Improvement notices

85AA. Improvement notices
85AB. Improvement notices-operation of vessel or closure of mooring or other physical structure associated with a vessel
85AC. Contravention of improvement notice
85AD. Amendment of improvement notices
85AE. Cancellation of improvement notices
85AF. Clearance certificates for improvement notices
85AG. Proceedings for offences not affected by improvement notices or clearance certificates

Division 5-Prohibition notices

85AH. Prohibition notice
85AI. Contravention of prohibition notice
85AJ. Amendment of prohibition notice
85AK. Withdrawal of prohibition notices
85AL. Certificates that matters that give rise to immediate risks to safety remedied
85AM. Proceedings for offences not affected by prohibition notices or certificates issued under section 85AL.

Division 6-Review of decisions relating to improvement and prohibition notices

85AN. Reviewable decisions
85AO. Review by the Director
85AP. Review by VCAT

Division 7-Sentences in relation to relevant marine safety laws

85AQ. Commercial benefits penalty order
85AR. Supervisory intervention order
85AS. Contravention of supervisory intervention order
85AT. Exclusion orders
85ATA. Corporations displacement provision
85AU. Contravention of exclusion order
85AV. Release on the giving of a safety undertaking
85AW. Variation or contravention of orders under section 85AV.
85AX. Adverse publicity order

PART 9-GENERAL

85A. Powers of entry in relation to lights
86. Arrest without warrant
86A. Police power to move vessel or require vessel to be moved
87. Power to prosecute
88. Evidence of speed
89. General evidentiary provisions
89A. Obtaining licence etc. by false statements
90. Forgery etc. of documents and identification marks
91. Offence to interfere etc. with navigation aid
91A. Accountability for damage
92. Offence to obstruct authorised person
92A. Offence to fail to comply with certain directions etc.
93. Offence to offer or accept bribes
94. Offence if people employed without appropriate certificates
95. Offence for pilot to endanger vessel
96. Offence not to use a pilot
97. Offence to operate etc. unsurveyed vessel
98. Unsafe vessels
99. Offences in relation to deck and load lines
99A. Order to remove obstructions in navigable waters
99B. Director may remove obstructions to navigation
99C. Issue of certificates of competency by the Director
99D. Offence not to comply with conditions on certificate of competency
99E. Issue of certificates of survey by the Director
99F. Offence not to comply with certificate of survey or conditions on certificate of survey
100. Jurisdiction
101. Service
101A. Disclosure of Information
102. Act presumed to apply to vessels
103. Seizure and sale of vessel and equipment
104. Limited liability of pilots
105. Regulations
106. Uniform Shipping Laws Code
107. Evidence
107A. Supreme Court-limitation of jurisdiction
107AA. Supreme Court-limitation of jurisdiction
107B. Supreme Court-limitation of jurisdiction
107C. Supreme Court-limitation of jurisdiction
108. Fees, rates and charges
108A. Fees for waterway managers
109. Fee for boating facilities and safety education
110. Summary jurisdiction in indictable offences

PART 10-WATERWAY MANAGERS

111. Functions and powers of waterway managers
112. Delegation powers of waterway managers

PART 10AA-PROHIBITION OF USE OF RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS

Division 1-Preliminary

112A. Part 10AA definitions
112B. Part does not affect other penalties
112C. Part has prospective application

Division 2-Embargo notices and prohibition directions

112D. Power to issue embargo notices
112E. Police power to prohibit operation of vessels

Division 3-Authorised officers

112F. Appointment
112G. Identity cards
112H. Return of identity cards
112I. Production of identity card

PART 10A-OPERATION OF RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS

Division 1-Preliminary

113. Definitions
114. Purposes of licensing

Division 2-Offences for unlicensed operators of certain classes of recreational vessels

115. Offence to operate certain classes of recreational vessel without a licence
115A. Offence to operate certain classes of hire and drive vessels without a licence
115B. Offence for person between 12 and 16 years of age to operate engine powered hire and drive vessel without
licence

Division 3-General licensing provisions

116. General operator licence
117. Restricted operator licence
118. Personal watercraft endorsement
119. Cancellation, suspension or variation of a licence and revocation of endorsement by the Director
120. Power of Director to require tests to be undergone
121. Power of court to cancel, suspend or vary licences
122. Effect of suspension of licence
123. Disqualified person must not apply for licence

Division 4-Rights of appeal against licensing decisions

124. Definition
125. Appeal to Magistrates' Court
126. Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
127. Director to notify affected person of right to appeal
128. Time for lodging appeal

Division 5-Recreational vessel licensing offences

129. Offence of failing to comply with the conditions of the licence
130. Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate
131. Offence to operate a regulated recreational vessel while disqualified etc.
132. Cancellation of registration by court
133. Offence not to have operator licence in person's possession
134. Offence to allow a non-licensed person to operate a vessel

Division 5A-Hire and drive vessel licensing offences

134A. Offence of failing to comply with the conditions of the
licence
134B. Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate
134C. Offence to operate hire and drive vessel for recreational purposes while disqualified etc.
134D. Offence not to have operator licence in person's possession
134E. Offence to allow a non-licensed person to operate a vessel

Division 6-Transitional provision

135. Application of Part
136-147 Repealed

PART 11-SAVINGS AND TRANSITIONAL PROVISIONS, REPEALS AND CONSEQUENTIAL AMENDMENTS

Division 1-Savings and transitional provisions

148. Savings and transitional provisions

Division 2-Transitional provision-Marine (Amendment)
Act 2000.

149. Transitional provision-Interstate licences

Division 3-Transitional provisions-Marine (Further Amendment) Act 2001.

150. Definitions
151. Transition from Marine Board to Director representing the Crown
152. Winding-up of the Marine Fund
153. Transfer of staff
154. Saving of existing Orders

Division 4-Transitional provision-Road Safety (Responsible Driving) Act 2002.

155. Transitional provision-failing a breath test offence

Division 5-Transitional provisions-Marine (Amendment)
Act 2004.

156. Saving of certain certificates of service
157. Saving of certain declarations of local authorities
158. Saving of harbour master appointments
159. Saving of harbour master's directions

Division 6-Transitional provision-Justice Legislation Amendment Act 2010.

160. Appeal against disqualification, cancellation, suspension or variation
161. Repealed
__________________
SCHEDULE 1-Convention on the International Regulations for Preventing Collisions at Sea, 1972.
SCHEDULE 2-International Convention for the Safety of Life at Sea, 1974.
SCHEDULE 3-Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974.

SCHEDULE 4-Particular Powers of the Director
SCHEDULE 5-Subject Matter for Regulations
SCHEDULE 6-Safety Standards for Pilotage Services Providers
SCHEDULE 7-Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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