Victorian Consolidated Legislation

Marine Act 1988 - SECT 58

Regulations giving effect to Prevention of Collisions Convention

58. Regulations giving effect to Prevention of Collisions Convention



(1) The regulations may make provision for and in relation to giving effect to
the Prevention of Collisions Convention in relation to vessels, while they are
in State waters.

(2) A person must not contravene a regulation made under subsection (1).

Penalty:

   (a)  in the case of a natural person-100 penalty units or imprisonment for
        two years or both; or

   (b)  in the case of a body corporate-200 penalty units.

(3) An offence against a regulation made under subsection (1) must be
prosecuted summarily.

(4) Subsections (3) and (4) of section 6 do not apply in respect of this
section.

(5) The Magistrates' Court hearing a proceeding for an offence against a
regulation made under subsection (1) must, except as provided by subsection
(6), be assisted by two assessors who shall advise the Court but shall not
adjudicate on the matter before the Court.

(6) It is not necessary for the Magistrates' Court to be assisted by assessors
if the Director, at the request of the magistrate constituting the Court,
directs that the services of assessors in the particular case be dispensed
with.

(7) The Director may appoint persons who are in the opinion of the Director
possessed of nautical or engineering or other special skill and experience to
be assessors for the purposes of this section.

(8) Before the hearing of a proceeding for an offence against a regulation
made under subsection (1) the Director must, unless the services of assessors
in the particular case are dispensed with, by a notice signed by him or her
require two of the assessors appointed by the Director (being assessors who
appear to possess skill of the particular nature likely to be required in the
proceeding) to attend the Court for the purpose of the proceeding.

(9) An assessor is not required to attend the Court if-

   (a)  he or she is disqualified by reason of being interested in the matter
        of the proceeding; or

   (b)  he or she is on leave of absence granted by the Director.



(10) An assessor is, for every day or part of a day during which he or she
attends the Court, entitled to be paid such fee as is prescribed.

Division 3-Safety Convention