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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  

PART 2--THE APPLIED PROVISIONS

PART 3--FUNCTIONS AND POWERS UNDER APPLIED PROVISIONS

  • 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  

PART 10--AMENDMENT OF MARINE SAFETY ACT 2010

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  

Division 1--of Part 3.4 of the Marine Safety Act 2010 is repealed.

  • 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

  • 76 New Part 9.3 inserted  

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

  • 81 Service of notices  

Division 2--Amendment of Federal Courts (State Jurisdiction) Act 1999

  • 82 Definition of relevant State Act  

Division 3--Amendment of Interpretation of Legislation Act 1984

  • 83 References to Marine Safety (Domestic Commercial Vessel) National Law  

Division 4--Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988

  • 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  

Division 5--Amendment of Transport (Compliance and Miscellaneous) Act 1983

  • 89 Appointment  
  • 90 General marine related inspection, inquiry and search powers  
  • 91 Person in charge must stop and provide licence or certificates when directed  

Division 6--Amendment of Transport Integration Act 2010

  • 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

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