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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 229 Authorisation to act as assistant harbour master

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 229

Authorisation to act as assistant harbour master

    (1)     The Port of Melbourne Corporation may, having first—

        (a)     consulted the harbour master engaged for the port of Melbourne waters or port of Hastings waters; and

        (b)     obtained the approval in writing of the Safety Director

authorise, in writing, a person to act as an assistant harbour master for the port of Melbourne waters or port of Hastings waters.

    (2)     The person or body who has engaged a harbour master for the waters that have been declared under section 5 of the Port Management Act 1995 to be part of the—

        (a)     port of Geelong; or

        (b)     port of Portland

may, having first—

        (c)     consulted the harbour master engaged by that body; and

        (d)     obtained the approval in writing of the Safety Director

authorise, in writing, a person to act as an assistant harbour master for the waters that have been so declared to be part of the port.

    (3)     A local port manager may authorise, in writing, a person to act as an assistant harbour master for any waters under the control of the manager in respect of which the manager has engaged a harbour master, if the manager has first—

        (a)     consulted the harbour master so engaged; and

        (b)     obtained the approval in writing of the Safety Director.

    (4)     A waterway manager may authorise, in writing, a person to act as an assistant harbour master for any waters under the control of the manager in respect of which the manager has engaged a harbour master, if the manager has first—

        (a)     consulted the harbour master so engaged; and

        (b)     obtained the approval in writing of the Safety Director.

s. 229

    (5)     An authorisation under this section may be general or may be limited to the exercise of the functions and powers that are specified in the authorisation.

    (6)     A person authorised to act as a harbour master under this section has all the functions and may exercise all the powers that are specified in his or her instrument of authorisation and, when carrying out any such function or exercising any such power, the person acts as the harbour master.

    (7)     The authorisation of a person under this section to carry out a function or exercise a power does not prevent the harbour master from carrying out that function or exercising that power.

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