Victorian Consolidated Legislation

Marine Act 1988 - SECT 3

Definitions

3. Definitions



(1) In this Act-

accompanying operator offence means an offence under section 28(1) which is
committed by a person who is taken to be in charge of a vessel by reason of
the operation of section 27(1AAA);

approved health professional means-

   (a)  a nurse registered under the Health Professions Registration Act 2005
        in division 1 of the register kept under that Act;

   (b)  a person approved under subsection (4) to take a blood sample for the
        purposes of Part 4;

Australian fishing vessel means a fishing vessel that is registered in
Australia, or entitled to be so registered, or in relation to which an
instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth is
in force;

* * * * *



breath analysing instrument has the same meaning as in the
Road Safety Act 1986;

certificate of competency means a certificate issued by the Director under
section 99C;

certificate of survey means a certificate issued by the Director under section
99E;



channel operator has the same meaning as in the Port Services Act 1995;



* * * * *

commercial marine operations means any activity in connection with the
operation of a fishing vessel, government vessel or trading vessel;

corresponding law means a law that is declared under subsection (3)(a) to be a
corresponding law;

Director means the Director of Marine Safety referred to in section 63;

Director of the Victorian Institute of Forensic Medicine means the Director
within the meaning of the Coroners Act 1985;





fishing vessel means a vessel used or intended to be used for catching fish,
whales, seals or other living resources of the sea or seabed for profit or
reward and includes any such vessel in the course of construction but excludes
any vessel-

   (a)  engaged in harvesting or transport of algae or aquatic plants; or

   (b)  that is primarily a carrier or a mother vessel;

government vessel means a vessel-

   (a)  that belongs to the Commonwealth or a State or Territory of the
        Commonwealth; or

   (b)  the beneficial interest in which is vested in the Commonwealth or a
        State or Territory of the Commonwealth; or

   (c)  that is for the time being demised or sub-demised to, or in the
        exclusive possession of, the Commonwealth or a State or Territory of
        the Commonwealth- but does not include a vessel belonging to the
        naval, military or air forces of the Commonwealth; harbour master
        includes any person authorised under section 26B to exercise any of
        the functions of the harbour master, if the person so authorised is
        acting in accordance with the authorisation;

harbour master licence means a licence issued by the Director under section
26HD;



hire and drive vessel means a vessel (other than a recreational vessel) that
is or is intended to be let for hire or reward or for any other consideration,
and includes a vessel that is provided at a holiday establishment or hotel for
the use of tenants or guests; licensed harbour master means a person who is
the holder of a harbour master licence;









local authority means-

   (a)  a person in whom control over the navigation of any State waters is
        vested by or under any Act; or

   (b)  a person, or a body established or constituted by or under any Act for
        any public purpose, that is declared under subsection (3)(b) to be a
        local authority in respect of any State waters; or

   (c)  a person or body declared under section 6 of the
        Port Services Act 1995 to be a port manager of a local port within the
        meaning of that Act; local port has the same meaning as in the
        Port Services Act 1995;

local port manager means, in relation to a local port, the person or body
appointed under section 44A of the Port Services Act 1995 as the port manager
of that port;

marine infringement means-

   (a)  a contravention of a specific requirement in a notice published under
        section 15 (and which is therefore an offence under section 15(3));

   (b)  any other offence against this Act or the regulations;

   (c)  any offence against regulations made under the Port Services Act 1995
        in relation to local ports- prescribed for the purposes of Part 7;

master, in relation to a vessel, means a person (other than a person who is
acting as the pilot of that vessel) having command or charge of the vessel;
member of the police force has the same meaning as member of the force has in
the Police Regulation Act 1958;



navigation aid means a device used for navigation, and includes a beacon,
buoy, marine mark, light house and light ship, but does not include a device
on board a vessel;

operator licence means-

   (a)  a general operator licence under section 116(1); or

   (b)  a restricted operator licence under section 117(1);

owner, in relation to a vessel, includes the charterer and any person having
possession of the vessel;

pilot means a person who is licensed as a pilot under the regulations;



pilotage services means-

   (a)  the service of providing a pilot to navigate a vessel within, or into
        or out of, port waters; or

   (b)  the service of providing transport and transfer of a pilot to and from
        a vessel for which services under paragraph (a) are required; or

   (c)  both of the services referred to in paragraphs (a) and (b);

pilotage services provider means a person registered by the Director under
Part 3B to provide pilotage services;





pilot exempt master means a master who is exempted under the regulations from
the requirement to engage a pilot for any particular port;

port includes any of the following waters, or any part of those waters-

   (a)  any harbour or haven, whether natural or artificial;

   (b)  any estuary, channel, river, creek or roadstead;

   (c)  any navigable water in which vessels may lie for shelter or for the
        transfer of cargo or passengers;

* * * * *

port corporation has the same meaning as in the Port Services Act 1995;

port management body means-

   (a)  in relation to the port of Melbourne, the Port of Melbourne
        Corporation;

   (b)  in relation to-

   (i)  the waters declared under section 5 of the Port Services Act 1995 to
        be the port of Geelong, the Victorian Regional Channels Authority, or,
        if there is an agreement with a channel operator in relation to those
        waters, that channel operator; and

   (ii) the waters declared under section 5 of the Port Services Act 1995 to
        be the port of Portland, the Victorian Regional Channels Authority,
        or, if there is an agreement with a channel operator in relation to
        those waters, that channel operator; and

   (iii) the waters declared under section 5 of the Port Services Act 1995 to
        be the port of Hastings, the Victorian Regional Channels Authority,
        or, if there is an agreement with a channel operator in relation to
        those waters, that channel operator; port of Melbourne has the same
        meaning as in the Port Services Act 1995;

Port of Melbourne Corporation has the same meaning as in the
Port Services Act 1995;

port of Melbourne waters has the same meaning as in the
Port Services Act 1995;



port waters has the same meaning as in the Port Services Act 1995;

prescribed concentration of alcohol means-

   (a)  in the case of a person who is under the age of 21 years and who is in
        charge of a regulated recreational vessel or regulated hire and drive
        vessel under way, any concentration of alcohol present in the blood or
        breath of that person; and

   (b)  in the case of any other person-

   (i)  a concentration of alcohol present in the blood of that person of 0×05
        grams per 100 millilitres of blood; or

   (ii) a concentration of alcohol present in the breath of that person of
        0×05 grams per 210 litres of exhaled air;

recreational vessel means-

   (a)  a vessel used or intended to be used wholly for the purpose of
        recreation or sport and not for hire or reward; or

   (b)  any other vessel that is, or is of a class that is, declared under
        subsection (3)(c) to be a recreational vessel or recreational vessels;

registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;





regulated hire and drive vessel means-

   (a)  a hire and drive personal watercraft, within the meaning of Part 10A;
        or

   (b)  a specialised hire and drive vessel, within the meaning of Part 10A;

regulated recreational vessel means a vessel of either of the following
classes-

   (a)  a general recreational vessel, within the meaning of Part 10A;

   (b)  a personal watercraft, within the meaning of Part 10A; relevant marine
        safety law means-

   (a)  a provision of this Act or of any regulations made under this Act;

   (b)  a provision of the Port Services Act 1995 or any regulations made
        under that Act;

   (c)  section 37 of the Pollution of Waters by Oil and Noxious Substances
        Act 1986 or any regulations made for the purposes of that section;

* * * * *



State waters means-

   (a)  the territorial sea adjacent to the State; and

   (b)  the sea on the landward side of the territorial sea adjacent to the
        State that is not within the limits of the State; and

   (c)  waters within the limits of the State;

trading vessel means a vessel used or intended to be used for or in connection
with any business or commercial activity, and includes (but is not limited to)
a vessel used or intended to be used wholly or principally for-

   (a)  carrying passengers or cargo for hire or reward; or

   (b)  providing services to vessels and shipping, whether for reward or
        otherwise- but does not include a government vessel or a fishing
        vessel;

Uniform Shipping Laws Code means the Uniform Shipping Laws Code adopted by the
Australian Transport Council and notified in the Commonwealth of Australia
Gazette;

vessel means any kind of vessel that is used, or capable of being used, in
navigation by water, however propelled or moved, and includes1-

   (a)  a barge, lighter, floating restaurant or other floating vessel; and

   (b)  an air-cushion vehicle, or other similar craft, that is used in
        navigation by water; and

   (c)  any aeroplane that is designed for and capable of being waterborne,
        for so long as that aeroplane is waterborne;

Victorian Marine Pollution Contingency Plan means the plan (as in force from
time to time) established under arrangements developed by Commonwealth, State
and Territory Ministers in connection with the National Plan to Combat
Pollution of the Sea by Oil and Other Noxious and Hazardous Substances and in
accordance with the state emergency response plan prepared under Part 3A of
the Emergency Management Act 1986. Victorian Regional Channels Authority means
the Victorian Regional Channels Authority established by Division 2 of Part 2
of the Port Services Act 1995;







waterway manager means-

   (a)  a person or body that has been declared by an Order under subsection
        (3)(b) to be a waterway manager; or

   (b)  the Director, in the case of any waters which no other person or body
        has responsibility for managing.

(2) A reference to an engine in this Act or the regulations does not include a
reference to a sail, paddle, oar, pedal or any other means of propelling a
vessel that relies solely on the wind or physical human activity as a power
source.

(3) The Minister may, by Order published in the Government Gazette-

   (a)  declare a law of the Commonwealth or another State or a Territory of
        the Commonwealth which creates an offence substantially similar to any
        one of the offences created by section 28 to be a corresponding law;
        or

   (b)  declare a person, or a body established or constituted by or under any
        Act for any public purpose, to be the waterway manager of the State
        waters specified in the Order; or

   (c)  declare a vessel, or a class of vessel, to be a recreational vessel or
        recreational vessels.

(3A) The Minster may, by Order published in the Government Gazette, amend,
vary or revoke an Order made under subsection (3)(b).

(4) The Director of the Victorian Institute of Forensic Medicine may, in
writing, approve a person to take blood samples for the purposes of Part 4 if
the Director is of the opinion that the person has the appropriate
qualifications, training and experience to take such samples.