MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 9 Act only applies to certain types of voyages

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 9

    (1)     Unless specifically provided otherwise by a provision of this Act, this Act applies to and in relation to—

        (a)     a trading vessel proceeding on an intra-state voyage; and

        (b)     an Australian fishing vessel, a hire and drive vessel, or a recreational vessel, proceeding on—

              (i)     an intra-state voyage; or

              (ii)     that part of an inter-state voyage which began in Victoria where the vessel is not within the jurisdiction of another State or a Territory; and

        (c)     a vessel connected with Victoria that is an Australian fishing vessel, a hire and drive vessel, or a recreational vessel, proceeding on an inter-state voyage which began in Victoria; and

        (d)     an Australian fishing vessel proceeding on an inter-state voyage, a hire and drive vessel, or a recreational vessel, where the vessel is within State waters; and

        (e)     any other vessel within State waters; and

        (f)     any other vessel connected with Victoria, wherever it may be—

and to and in relation to the owner, master and crew of any such vessel.

    (2)     Unless specifically provided otherwise by a provision of this Act, the provisions of this Act relating to the registration of vessels, the certification of vessels or the crewing requirements for vessels do not apply to or in relation to—

        (a)     a trading vessel proceeding on an overseas voyage or an inter-state voyage; or

        (b)     an Australian fishing vessel proceeding on an overseas voyage—

or to or in relation to the owner, master or crew of any such vessel.

    (3)     For the purpose of this section, a vessel is connected with Victoria if it—

        (a)     is registered or deemed to be registered under the Shipping Registration Act 1981 of the Commonwealth with a home port in Victoria; or

        (b)     is owned by a body corporate that is established under Victorian law or that has its principal office or place of business in Victoria, or is in the possession of such a body corporate by virtue of a charter; or

        (c)     is owned by any person whose chief office or place of business in respect of the management of the vessel is in Victoria, or is in the possession of such a person by virtue of a charter; or

        (d)     is registered or licensed or required to be registered or licensed under Victorian law.

    (4)     In this section—

        (a)     inter-state voyage and overseas voyage have the same respective meanings as in the Commonwealth Navigation Act; and

        (b)         intra-state voyage means a voyage other than an inter-state voyage or an overseas voyage.