MARINE (DOMESTIC COMMERCIAL VESSEL NATIONAL LAW APPLICATION) ACT 2013 (NO. 36 OF 2013)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 6 Functions and powers of National Regulator and other authorities and officers
- 7 Delegations by the National Regulator
PART 4--OFFENCES
- 8 Object of this Part
- 9 Application of Commonwealth criminal laws to offences against applied provisions
- 10 Functions and powers conferred on Commonwealth officers and authorities relating to offences
- 11 No double jeopardy for offences against applied provisions
PART 5--ADMINISTRATIVE LAWS
PART 6--FEES AND FINES
- 14 Fees payable to officers or employees of Victoria acting as delegates
- 15 Infringement notice fines
- 16 Fines, fees etc not otherwise payable to Victoria
PART 7--APPLICATION OF CHARTER ACT
PART 8--MISCELLANEOUS
- 18 Things done for multiple purposes
- 19 Reference in Commonwealth law to a provision of another law
- 20 Authority to accept delegation of functions
- 21 Victorian regulations
PART 9--TRANSITIONAL PROVISIONS
- 22 Regulations dealing with transitional matters
Division 1--Preliminary
- 23 Purpose
- 24 Definitions
- 25 New sections 4A and 4B inserted
- 26 Declaration of recreational vessels
- 27 Repeal of section 8—declarations relating to recreational use of commercially operated vessels
- 28 New section 9 substituted
- 29 Principle of shared responsibility
Division 2--Marine safety duties
- 30 Heading to Part 2.2
- 31 Repeal of section 25—safety duties of owners of commercially operated vessels
- 32 Safety duties in relation to design, manufacture and supply of vessels
- 33 Safety duties in relation to design, manufacture and supply of marine safety equipment
- 34 New section 29 substituted
- 35 Duties of marine safety workers
- 36 Heading to Part 2.5
- 37 Masters of recreational vessels or hire and drive vessels must take reasonable care
- 38 Persons participating in the operation of a recreational vessel must take reasonable care
- 39 Passengers on board vessels must take reasonable care
Division 3--Operation of vessels
- 40 Purposes of registration
- 41 Offence if vessel not registered
- 42 Vessel may be registered in one name only
- 43 Effecting registration, renewal or transfer
- 44 Safety Director may impose registration conditions
- 45 Prescribed conditions on registration
- 46 Register of registered vessels
- 47 Safety Director may cancel or suspend registration of a vessel
- 48 Cancellation of registration by court
- 49 Heading to Part 3.2
- 50 Repeal of Part 3.3—certification of commercial vessels and operation
- 51 Heading to Part 3.4
- 52 Repeal of Division 1 of Part 3.4—certificates of competency
- 53 Offence to navigate vessel without local knowledge certificate in waters requiring certificate
- 54 Application for local knowledge certificates
- 55 Repeal of section 86—offences relating to load lines
- 56 Dangerous operation of a recreational vessel, government vessel or hire and drive vessel
- 57 Assistance to people in distress
- 58 Reporting requirements in relation to reportable incidents
- 59 Reporting of reportable incidents to Safety Director
- 60 New section 95 substituted
- 61 Regulations giving effect to Prevention of Collisions Convention
- 62 Regulations giving effect to Safety Convention
- 63 Regulations under this Division
- 64 Authority of Governor in Council to make regulations in relation to powers under Conventions
Division 4--Enforcement
- 65 Police power to prohibit operation of vessels
- 66 When Safety Director may take disciplinary action against person holding a permission
- 67 Adverse publicity order
- 68 Purpose of Part
- 69 Owner onus offences
Division 5--General
- 70 Functions of the Safety Director—section 258
- 71 Safety Director must consult when developing or reviewing Marine Enforcement Policy
- 72 Repeal of section 295—evidentiary provision
- 73 Repeal of section 300—Nationally Agreed Standards
- 74 Disclosure of information
- 75 General regulation-making powers
Division 6--Transitional
Division 7--Amendments to Schedules
- 77 Amendments to Schedule 1—particular powers of the Safety Director
- 78 Amendments to Schedule 2—subject matter for regulations
Division 8--Statute law revision and repeal of Part
- 79 Power to prohibit operation of particular vessel
- 80 Repeal of Part
PART 11--AMENDMENT OF OTHER ACTS
Division 1--Environment Protection Act 1970
- 82 Definition of relevant State Act
- 83 References to Marine Safety (Domestic Commercial Vessel) National Law
- 84 Definitions
- 85 New section 6 substituted
- 86 Provisions about cancellation and disqualification
- 87 New section 28AB inserted
- 88 Immediate suspension of marine licence or certificate of competency in certain circumstances
- 89 Appointment
- 90 General marine related inspection, inquiry and search powers
- 91 Person in charge must stop and provide licence or certificates when directed
- 92 Definitions
- 93 Director, Transport Safety
- 94 Object of Director, Transport Safety
- 95 Functions of Director, Transport Safety
- 96 Information disclosure by Director, Transport Safety
- 97 Delegation by Director, Transport Safety
- 98 New section 178A inserted
Division 7--Repeal of Part