Victorian Consolidated Legislation

Marine Act 1988 - SECT 56

Direction of Governor in Council and Minister

56. Direction of Governor in Council and Minister



(1) Where, under this Part, the Governor in Council is empowered to make
regulations for and in relation to giving effect to any of the provisions of
the Safety Convention or the Prevention of Collisions Convention, the power
is, in the case of a provision of any of those Conventions the terms of which
are such as to vest in the several Governments who are parties to the
Convention a discretion as to whether any, and if so what, action should be
taken under the Convention, to be construed as an authority to the Governor in
Council to make by regulation such provision (if any) with respect to the
matter in question as the Governor in Council in the exercise of that
discretion thinks proper.



(2) Despite any regulation made under this Part for the purpose of giving
effect to any provision of the Safety Convention or the Prevention of
Collisions Convention which requires a particular fitting, material, appliance
or apparatus, or type thereof, to be fitted or carried in a vessel, or any
particular provision to be made in a vessel, the Minister may allow any other
fitting, material, appliance or apparatus, or type thereof, to be fitted or
carried, or any other provision to be made if the Minister is satisfied that
that other fitting, material, appliance or apparatus, or type thereof, or
provision, is at least as effective as that required by the relevant
Convention.