Marine Regulations 1999

i Version No. 012 Marine Regulations 1999 S.R. No. 145/1999 Version incorporating amendments as at 1 July 2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 100. Objectives 1 101. Authorising provisions 2 102. Revocation 2 103. Definitions 2 PART 2—VESSEL OPERATION, CONSTRUCTION AND EQUIPMENT 8 Division 1—Safe Operation of vessels 8 200. Personal Flotation Device 8 201. Power to prohibit operation of vessel 8 202. Written direction with reasons to be given 9 203. Review of direction 9 204. Revocation of direction 10 205. International regulations for preventing collisions at sea 10 206. Emergency procedures and safety of navigation—trading and fishing vessels 10 207. Vessels not to be operated unless fitted with EPIRBS 11 208. Certificate of survey for vessel to be endorsed for Port Phillip Heads 11 209. Owner and master to comply with conditions for Port Phillip Heads 12 210. Certificate of survey for vessel to be endorsed for Lakes Entrance Bar 14 211. Owner and master to comply with conditions for Lakes Entrance Bar 14 Regulation Page ii Division 2—Survey, construction and equipment of commercial vessels 17 212. Survey of trading, fishing and hire and drive vessels 17 213. Certificate of survey to be subject to conditions for Port Phillip Heads 17 214. Certificate of survey to be subject to conditions for Lakes Entrance Bar 17 215. Trading and fishing vessels—construction and equipment 17 216. Hire and drive vessels—construction and equipment 18 216A. Certificate of survey to be carried on board certain vessels 18 Division 3—Operation of hire and drive vessels 19 217. Maintenance and production of register of hire contracts 19 218. Sale or purchase of hire and drive vessel 20 219. Owner to report accident involving hire and drive vessel 21 220. Use of hire and drive vessel 21 221. Instructions to be given to hirers 21 222. Reckless operation of hire and drive vessel 23 223. Person under 10 to wear personal flotation device 23 224. Fuelling of hire and drive vessel 24 225. Naked flame on hire and drive vessel 24 226. Stowage of equipment on hire and drive vessel 25 227. Hire and drive vessel not to be overloaded 25 Division 4—Recreational vessels 25 228. Construction of recreational vessels 25 229. Operation of recreational vessels 26 230. Equipment to be carried on recreational vessels 26 231. Exemption from requirements of regulation 230 26 232. Person under 10 to wear lifejackets 27 233. Fuelling of recreational vessel 27 234. Naked flame on recreational vessel 28 235. Stowage of equipment on recreational vessel 28 236. Overloaded recreational vessel not to be operated 28 PART 3—CREWING, CERTIFICATES AND LICENCES 32 Division 1—Crewing of vessels and certificates of competence 32 300. Crewing of trading vessels 32 301. Crewing of fishing vessels 32 302. Certificates of competency under the Uniform Shipping Laws Code 32 303. Certificate of competency 33 304. Certificate of competency to be subject to endorsement for Port Phillip Heads 34 Regulation Page iii 305. Requirements to be met before a certificate of competency may be endorsed for Port Phillip Heads 34 306. Period of endorsement remains in force for Port Phillip Heads 35 307. Certificate of competency to be subject to endorsement for Lakes Entrance Bar 35 308. Special requirements for Lakes Entrance Bar 35 309. Period of endorsement remains in force for Lakes Entrance Bar 36 Division 2—Pilots, Pilot Exemption and Local Knowledge 37 310. Offence to act as a pilot without a licence 37 311. Pilot exempt master 37 312. Pilot licence or pilot exemption 37 313. Qualifications for the issue of a pilot licence and pilot exemption 38 314. Period a pilot licence or pilot exemption remains valid 38 315. Local knowledge certificate 39 316. Circumstances in which holder of local knowledge certificate is not required to use pilot 39 317. Local knowledge certificate 39 318. Period a certificate of local knowledge remains valid 40 Division 3—Harbour masters 41 319. Harbour master licence 41 320. Period harbour master licence remains in force 42 Division 4—Carriage of certificate, licence or exemption 42 321. Carriage of certificate, licence or exemption 42 PART 4—REGISTRATION OF VESSELS 43 Division 1—Registration of vessels 43 400. Requirements for registration of vessels 43 401. Period of registration 44 402. Registration label and identification mark 45 403. Cancellation of registration 46 404. Suspension of registration 46 405. Transfer of registered vessel 47 406. General exemptions from registration 48 Division 2—Identification Plates and Marks 49 407. Special identification plates and marks 49 408. Conditions of use of special identification plates and marks 49 Regulation Page iv PART 5—ALCOHOL AND DRUG TESTING AND OTHER MATTERS 52 500. Prescribed breath test devices 52 501. Procedure for breath analysis 52 502. Breath analysis certificate 52 503. Method of obtaining blood sample 53 504. Procedure after taking blood sample 53 505. Certificate by medical practitioner taking blood sample 54 506. Analysts certificate 54 507. Notice of immediate operator licence suspension 55 508. Suspended operator licence document to be surrendered to Director 55 PART 6—PRESCRIBED MEASURING DEVICES 56 600. Prescribed measuring devices 56 601. Testing Officer 56 602. Testing of prescribed measuring devices 57 603. Sealing of prescribed measuring devices 57 604. Use of laser devices 58 PART 7—OPERATOR LICENCES AND PERSONAL WATERCRAFT ENDORSEMENTS 60 Division 1—General provisions relating to operator licences 60 700. Eligibility to apply for an operator licence 60 701. Requirements for applying for an operator licence 61 702. Licence holder may surrender operator licence 62 703. Refusal to issue operator licence 63 704. Operator licence period 64 705. Operator licence expiry date 64 706. Operator licence conditions 64 707. Notice of renewal of operator licence 66 708. Renewal of operator licence 66 709. Refusal to renew 67 710. Date of expiry of renewed operator licence 67 711. Re-issue of operator licence 68 712. Refusal to re-issue operator licence 68 713. Date of expiry of re-issued operator licence 69 714. Application for variation of operator licence 69 715. Refusal to vary operator licence 70 716. Conditions on restricted operator licence 70 717. Operator licence receipt 71 718. Form of operator licence document 71 719. Issue of replacement operator licence document 72 720. Records 73 721. Change of name, address or condition 74 Regulation Page v Division 2—Variation, cancellation and suspension of operator licences 74 722. Variation, suspension or cancellation of operator licence 74 723. Procedures for variation, cancellation or suspension of operator licence 77 724. Suspension of operator licence for purposes of section 119(2) of the Act 79 725. Prescribed time for suspension of operator licence 80 Division 3—Exemptions from requirement to hold operator licence 80 726. Exemptions applying to licences issued outside Victoria 80 727. Exemption from licensing requirements 82 728. Exemption from licensing requirements for persons undergoing training 82 Division 4—General provisions relating to personal watercraft endorsements 83 729. Requirements for applying for personal watercraft endorsement 83 730. Refusal to make personal watercraft endorsement 84 731. Operator licence receipt with personal watercraft endorsement 85 Division 5—Variation or revocation of personal watercraft endorsement 85 732. Operator licence holder may request revocation of personal watercraft endorsement 85 733. Application for variation of personal watercraft endorsement 86 734. Refusal to vary personal watercraft endorsement 87 735. Variation or revocation of personal watercraft endorsement 87 736. Procedures for variation or revocation of personal watercraft endorsement 89 Division 6—Tests in relation to regulated recreational vessels 91 737. Tests 91 Division 7—Internal review procedures for operator licences and personal watercraft endorsements 92 738. Application for internal review 92 739. Applicant entitled to be given reasons 94 PART 8—FEES 95 Division 1—Survey of vessels and examination of plans 95 800. Existing vessel 95 801. Application fee for new vessel survey and plan approval 95 802. Plan approval fees 96 803. Fees for new vessel survey by the Director 96 Regulation Page vi 804. Fee for booking a survey for existing vessel 97 805. Fee for survey of existing vessels 98 806. Fee for additional visit for an existing vessel survey 99 807. Fee for considering application for alteration to classification or specification of vessel 99 808. Inspection fee for alteration to classification or specification of vessel 99 809. Fee for plan approval for alteration to classification or specification of vessel 99 810. Fee for issue of certificate of survey 100 811. Fee for issue of duplicate certificate of survey 100 Division 2—Certificates of competency and licences 100 812. Application fee for issue, variation or renewal of certificate of competency 100 813. Fee for issue or renewal of certificates 101 814. Fee for variation of certificates 101 815. Fee for issue of duplicate certificate 101 816. Examination fees for certificates 101 817. Fee for application for issue, variation or renewal of pilot licence 102 818. Fee for issue or renewal of pilot licence 102 819. Fee for variation of pilot licence 102 820. Fee for duplicate of pilot licence 103 821. Examination fees for pilot licences 103 822. Fee for application for issue, variation or renewal of pilot exemption certificate 104 823. Fee for issue or renewal of pilot exemption certificate 104 824. Fee for variation of pilot exemption certificate 104 825. Fee for duplicate of pilot exemption certificate 105 826. Fee for conduct of examination by the Director for issue, variation or renewal of pilot exemption certificate 105 Division 3—Boating facilities and safety education fee 106 827. Fees for boating facilities and safety education 106 828. Fees for marks and plates for manufacturers and dealers 107 829. Transfer fee on second-hand recreational vessel 107 Division 4—Operator licences and personal watercraft endorsements 108 830. Fee for operator licence and personal watercraft endorsement 108 831. Fee for replacement operator licence 108 832. Fee for search of records of operator licences 109 833. Refund of fee 109 834. Operator licence knowledge test fee 109 Regulation Page vii PART 9—MARINE INFRINGEMENT NOTICES 110 900. Prescribed offences 110 901. Service of marine infringement notice 110 902. Form of marine infringement notice 110 903. Payment of penalty 111 904. Service of notice of withdrawal 111 905. Form of notice of withdrawal 111 906. Proof of prior convictions or findings of guilt 111 PART 10—SAVINGS AND TRANSITIONALS 112 1000. Definitions 112 1001. Previously issued certificates 112 1002. Previously issued licences 112 1003. Previously issued pilot exemption 112 1004. Previous registration of a vessel 113 1005. Previous special identification plates and marks 113 1006. Infringement notices issued under 1988 regulations 113 1007. Interpretation of Legislation Act not limited 115 1008. Marine infringements committed before the commencement of the Marine (Amendment) Regulations 2001 115 PART 11—EVIDENTIARY REQUIREMENTS 117 1100. Certificate as to matter extracted from the Director's records 117 1101. Certificate as to name in which vessel is registered 117 1102. Certificate as to testing and sealing of prescribed speed measuring devices 117 SCHEDULE 118 SCHEDULE 1—Regulations Revoked 118 SCHEDULE 2—Types of Personal Flotation Devices 119 SCHEDULE 3—Construction of Recreational vessels 122 SCHEDULE 4—Table of Equipment Required on Recreational Vessels Operating in State Waters other than Inland or Enclosed Waters 125 SCHEDULE 5—Table of Equipment Required on Recreational Vessels Operating only on Inland or Enclosed Waters 127 SCHEDULE 6—Qualifying Training for Port Phillip Heads 129 SCHEDULE 7—Qualifying Sea Service and Training for the Lakes Entrance Bar 130 SCHEDULE 8—Certificate of Results of Breath Analysis 131 Regulation Page viii SCHEDULE 9—Certificate by Medical Practitioner Taking Blood Sample 132 SCHEDULE 10—Analyst's Certificate 133 SCHEDULE 11—Certificate as to Matters which Appear in or can be Calculated from the Records Kept by the Director of Marine Safety 134 SCHEDULE 12—Certificate as to Registration of Vessel Issued under Section 89(3) of the Marine Act 135 SCHEDULE 13—Marine Infringements 136 SCHEDULE 14—Marine Infringement Notice for the Purposes of Section 60(2) of the Marine Act 1988 149 SCHEDULE 15—Notice of Withdrawal of Marine Infringement Notice 151 SCHEDULE 16—Particulars of Alleged Prior Convictions or Findings of Guilt 152 SCHEDULE 17—Certificate under Section 89(6) 153 ═══════════════ ENDNOTES 154 1. General Information 154 2. Table of Amendments 155 3. Explanatory Details 156 1 Version No. 012 Marine Regulations 1999 S.R. No. 145/1999 Version incorporating amendments as at 1 July 2004 PART 1—PRELIMINARY 100. Objectives The objectives of these Regulations are— (a) to provide for the registration and operation of vessels; (b) to give effect to certain international conventions relating to the operation of vessels; (c) to provide for marine infringements; (d) to provide for the payment of fees to the Director; (e) to prescribe penalties for offences; (ea) to provide for operator licences in respect of regulated recreational vessels; (eb) to provide for endorsements on operator licences in respect of personal watercraft; (f) generally to provide for various other matters authorised or required to be prescribed for the purposes of the Act. Reg. 100(d) amended by S.R. No. 8/2002 reg. 5(1). Reg. 100(ea) inserted by S.R. No. 127/2001 reg. 5. Reg. 100(eb) inserted by S.R. No. 127/2001 reg. 5. Part 1—Preliminary Marine Regulations 1999 S.R. No. 145/1999 2 101. Authorising provisions These Regulations are made under sections 10, 55, 56, 58, 59, 105, 108 and 109 of the Marine Act 1988. 102. Revocation The Regulations listed in Schedule 1 are revoked. 103. Definitions In these Regulations— "Act" means Marine Act 1988; "class 1 vessel" means any passenger vessel carrying more than 12 passengers (excluding any hire and drive vessels); "class 2 vessel" means any trading vessel carrying up to 12 passengers; "class 3 vessel" means any fishing vessel; "class 1F vessel" means any hire and drive vessel; "enclosed waters" means— (a) the waters inside the seaward entrance of the ports of Apollo Bay, Anderson Inlet, Gippsland Lakes, Snowy River, Mallacoota, and Port Fairy designated under Part 10 of the Act; and (b) the waters of the Port of Barwon Heads upstream of the Barwon Heads–Ocean Grove road bridge; and (c) the waters of the Port of Corner Inlet and Port Albert east of a line between Port Welshpool shipping pier and Bentley Point (inside the entrances); and r. 101 Part 1—Preliminary Marine Regulations 1999 S.R. No. 145/1999 3 (d) the waters of Shallow Inlet; and (e) the port waters (inside the entrance) of the Port of Portland; "expiry date" in relation to an operator licence, means the date determined in accordance with regulation 705 to be the date on which that licence expires; "hand held orange smoke signal" means a hand held orange smoke signal of a type that complies with— (a) the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix V; or (b) the Australian Standard AS 2092–1988 Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft as published by the Standards Association of Australia on 3 October 1988; "hand held red distress flare" means a hand held red distress flare of a type that complies with— (a) the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix V; or (b) the Australian Standard AS 2092–1988 Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft as published by the Standards Association of Australia on 3 October 1988; Reg. 103 def. of "expiry date" inserted by S.R. No. 127/2001 reg. 6. r. 103 Part 1—Preliminary Marine Regulations 1999 S.R. No. 145/1999 4 "inland waters" means— (a) rivers (inside the seaward entrance), creeks, canals, lakes, reservoirs and any similar waters either naturally formed or man made and which are either publicly or privately owned; and (b) the waters inside the seaward entrance of any rivers, creeks or streams which flow into port waters or ports designated under Part 10 of the Act; "Lakes Entrance Bar" means the sand bar at the entrance to the Port of Gippsland Lakes as shown on the chart AUS 182 "Lakes Entrance", published by the Hydrographic Service, Royal Australian Navy, 30 January 1998; "lifebuoy" means a lifebuoy of a type that complies with— (a) the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix P; or (b) the Australian Standard AS 2261–1979 Rescue Buoys as published by the Standards Association of Australia on 1 July 1979; or (c) the Australian Standard AS 2261–1990 Rescue Buoys as published by the Standards Association of Australia on 12 March 1990; "open area" means an area on a trading vessel that— (a) is not closed or locked; and (b) is open on the boundary on its after side; r. 103 Part 1—Preliminary Marine Regulations 1999 S.R. No. 145/1999 5 "passenger" means any person on board a vessel other than— (a) the master and members of the crew or other persons employed or engaged in any capacity in the business of that vessel; and (b) a child under one year of age; "portable fire extinguisher" means a portable fire extinguisher of a type that— (a) if the extinguishing medium is dry chemical powder, complies with the Australian Standard AS 1846–1985 Portable Fire Extinguishers—Powder Type as published by the Standards Association of Australia on 4 November 1985; or (b) if the extinguishing medium is carbon dioxide, complies with the Australian Standard AS 1847–1985 Portable Fire Extinguishers—Carbon Dioxide Type as published by the Standards Association of Australia on 4 November 1985; or (c) if the extinguishing medium is a foam chemical type, complies with Australian Standard AS 1843—1976 Foam (Chemical) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 1 May 1976; or (d) if the extinguishing medium is a foam gas container type, complies with the Australian Standard AS 1844–1985 specification for Portable Fire Extinguishers—Foam (Gas Container) Type as published by the Standards Reg. 103 def. of "portable fire extinguisher" amended by S.R. No. 13/2000 reg. 4(1) (a)–(e). r. 103 Part 1—Preliminary Marine Regulations 1999 S.R. No. 145/1999 6 Association of Australia on 4 November 1985; or (e) if the extinguishing medium is a foam stored pressure type, complies with the Australian Standard AS 1845–1985 Portable Fire Extinguishers—Foam (Stored Pressure) Type as published by the Standards Association of Australia on 4 November 1985; or (f) if the extinguishing medium is a wet chemical type, complies with Australian/New Zealand Standard AS/NZS 1841.3:1997 Portable fire extinguishers Part 3: Specific requirements for wet—chemical type extinguishers as published jointly by the Standards Association of Australia and Standards New Zealand on 5 April 1997; or (g) if the extinguishing medium is a foam type, complies with Australian/New Zealand Standard AS/NZS 1841.4:1997 Portable fire extinguishers Part 4: Specific requirements for foam type extinguishers as published jointly by the Standards Association of Australia and Standards New Zealand on 5 April 1997; or (h) if the extinguishing medium is a powder type, complies with Australian/New Zealand Standard AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers as published jointly by the Standards Association of Australia r. 103 Part 1—Preliminary Marine Regulations 1999 S.R. No. 145/1999 7 and Standards New Zealand on 5 April 1997; or (i) if the extinguishing medium is a carbon dioxide type, complies with Australian/New Zealand Standard AS/NZS 1841.6:1997 Portable fire extinguishers Part 6: Specific requirements for carbon dioxide type extinguishers as published jointly by the Standards Association of Australia and Standards New Zealand on 5 April 1997; "Port Phillip Heads" means the waters between an imaginary line drawn between Shortland Bluff and Point Nepean and the seaward limits of an imaginary line of a radius of 3 nautical miles centred on Point Lonsdale, also known as "The Rip", as shown on the chart AUS 143 "Port Phillip", published by the Hydrographic Service, Royal Australian Navy, 2 May 1973, but excludes those waters— (a) landward of an imaginary line drawn between Shortland Bluff and Point Lonsdale; and (b) landward of an imaginary line drawn from Shortland Bluff with a radius of 0⋅3 of a nautical mile; "Roads Corporation" has the same meaning as in the Transport Act 1983; "testing officer" means a testing officer referred to in regulation 601. Reg. 103 def. of "Roads Corporation" inserted by S.R. No. 127/2001 reg. 6. r. 103 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 8 PART 2—VESSEL OPERATION, CONSTRUCTION AND EQUIPMENT Division 1—Safe Operation of vessels 200. Personal Flotation Device In this Part "personal flotation device" means any of the following— (a) a life jacket of a type listed in Part 3 of Schedule 2; (b) a buoyancy vest of a type listed in Part 2 of Schedule 2; (c) a buoyancy garment of a type listed in Part 1 of Schedule 2; (d) a personal flotation device of a type listed in Part 4, 5 or 6 of Schedule 2. 201. Power to prohibit operation of vessel For the purposes of section 14 of the Act, the Director or a member of the police force may, in writing, direct the operator of a particular vessel that the vessel must not be operated on State waters if the Director or the member of the police force considers that— (a) the vessel is loaded with persons, cargo and equipment or other items that will make or are likely to make the vessel unstable; or (b) the vessel is constructed in a manner that would place any occupant of the vessel at risk of injury or death; or (c) the vessel is of a design that is not suitable for the intended voyage or use; or r. 200 Reg. 201 amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 9 (d) the machinery on board the vessel is unsafe or could create a fire or explosion on the vessel; or (e) the machinery proposed to propel the vessel makes the vessel unsafe or unseaworthy or can develop power in excess of the maximum power recommended by the manufacturer of the vessel; or (f) the cargo or goods carried on the vessel could be a risk— (i) to that vessel; or (ii) to other vessels; or (iii) to people on the vessel; or (iv) to people on other vessels; or (g) the vessel is generally unseaworthy. 202. Written direction with reasons to be given If the Director or a member of the police force gives a direction under section 14 of the Act, a copy of the direction, and the reasons for making the direction, must be given to the owner and operator of the vessel as soon as practicable after that direction was given. 203. Review of direction (1) The owner or operator of the vessel may, within 14 days after the date that a copy of a direction under regulation 202 was given, apply to the Director for the direction to be reviewed. (2) The Director must, within 14 days after the date an application under sub-regulation (1) is received, review the direction given to the applicant. Reg. 202 amended by S.R. No. 8/2002 reg. 5(1). r. 202 Reg. 203(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 203(2) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 10 204. Revocation of direction If the Director considers that a direction under section 14 of the Act should no longer apply, the Director — (a) may revoke the direction in writing; and (b) must provide the owner and the operator of the vessel with a copy of the written revocation of the direction as soon as practicable. 205. International regulations for preventing collisions at sea (1) The master of a vessel must observe the Prevention of Collisions Convention when operating a vessel on state waters. (2) For the purposes of sub-regulation (1), Annex I, Annex II and Annex III of the Prevention of Collisions Convention do not apply to vessels on inland waters. 206. Emergency procedures and safety of navigation— trading and fishing vessels The master of any of the following vessels must observe Chapter V of the regulations contained in the Annex to the Safety Convention (other than regulation 13 or 15 of that Chapter of those regulations)— (a) a trading ship within the meaning of section 6 of the Commonwealth Navigation Act 1912 proceeding on a voyage other than an overseas voyage or an inter-State voyage; (b) an Australian fishing vessel within the meaning of section 6 of that Act proceeding on a voyage other than an overseas voyage; (c) an inland waterways vessel within the meaning of section 6 of that Act; Reg. 204 amended by S.R. No. 8/2002 reg. 5(1). r. 204 Reg. 206 amended by S.R. No. 13/2000 reg. 5. Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 11 (d) a pleasure craft within the meaning of section 6 of that Act; (e) an off-shore industry vessel within the meaning of section 8 of that Act— (i) in respect of which there is not in force a declaration under section 8A(5) of that Act; and (ii) that is proceeding on a voyage other than an overseas voyage or an inter State voyage. 207. Vessels not to be operated unless fitted with EPIRBS A person must not operate a vessel on coastal waters more than 2 nautical miles from the shore unless the vessel is provided with an emergency position indicating radio beacon of a type approved by the Australian Maritime Safety Authority that has— (a) an operational frequency of 121⋅5 MHz and 243 MHz; or (b) an operational frequency of 406 MHz. Penalty: 5 penalty units. 208. Certificate of survey for vessel to be endorsed for Port Phillip Heads (1) The owner of a trading vessel must ensure that the vessel does not carry passengers in or through Port Phillip Heads unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Director for the carriage of passengers in or through Port Phillip Heads. Penalty: 20 penalty units. r. 207 Reg. 208(1) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 12 (2) The master of a trading vessel must ensure that the vessel does not carry passengers in or through Port Phillip Heads unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Director for the carriage of passengers in or through Port Phillip Heads. Penalty: 20 penalty units. 209. Owner and master to comply with conditions for Port Phillip Heads (1) The owner of a trading vessel that is carrying passengers in or through Port Phillip Heads must take all reasonable steps to ensure that— (a) the vessel does not enter and does not traverse Port Phillip Heads— (i) outside the hours of daylight; or (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and each crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses Port Phillip Heads; and Reg. 208(2) amended by S.R. No. 8/2002 reg. 5(1). r. 209 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 13 (c) before the vessel enters Port Phillip Heads, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and (d) the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel enters and while the vessel traverses Port Phillip Heads. Penalty: 20 penalty units. (2) The master of a trading vessel that is carrying passengers in or through Port Phillip Heads, must ensure that— (a) the vessel does not enter and does not traverse Port Phillip Heads— (i) outside the hours of daylight; or (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and each crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses Port Phillip Heads; and (c) before the vessel enters Port Phillip Heads, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and Reg. 209(1)(d) amended by S.R. No. 13/2000 reg. 6. r. 209 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 14 (d) the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel enters and while the vessel traverses Port Phillip Heads. Penalty: 20 penalty units. 210. Certificate of survey for vessel to be endorsed for Lakes Entrance Bar (1) The owner of a trading vessel must ensure that the vessel does not carry passengers while operating across the Lakes Entrance Bar unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Director for the carriage of passengers across the Lakes Entrance Bar. Penalty: 20 penalty units. (2) The master of a trading vessel must ensure that the vessel does not carry passengers while operating across the Lakes Entrance Bar unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Director for the carriage of passengers across the Lakes Entrance Bar. Penalty: 20 penalty units. 211. Owner and master to comply with conditions for Lakes Entrance Bar (1) The owner of a trading vessel, operating that vessel that is carrying passengers in or through the Lakes Entrance Bar must take all reasonable steps to ensure that— (a) the vessel does not enter and does not traverse the Lakes Entrance Bar— (i) outside the hours of daylight; or Reg. 209(2)(d) amended by S.R. No. 127/2001 reg. 7. r. 210 Reg. 210(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 210(2) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 15 (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (c) before the vessel enters the Lakes Entrance Bar, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and (d) all passengers are located in the open area of the vessel when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (e) the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel enters and while the vessel traverses the Lakes Entrance Bar. Penalty: 20 penalty units. (2) The master operating a trading vessel that is carrying passengers in or through the Lakes Entrance Bar, must ensure that— (a) the vessel does not enter and does not traverse the Lakes Entrance Bar— (i) outside the hours of daylight; or r. 211 Reg. 211(1)(e) amended by S.R. No. 13/2000 reg. 6. Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 16 (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (c) before the vessel enters the Lakes Entrance Bar, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and (d) all passengers are located in the open area of the vessel when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (e) the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel enters and while the vessel traverses the Lakes Entrance Bar. Penalty: 20 penalty units. r. 211 Reg. 211(2)(e) amended by S.R. No. 127/2001 reg. 8. Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 17 Division 2—Survey, construction and equipment of commercial vessels 212. Survey of trading, fishing and hire and drive vessels (1) For the purposes of section 97 of the Act, a certificate of survey for a trading, fishing or a hire and drive vessel may be issued by the Director for a period not exceeding 12 months. (2) Section 14 of the Uniform Shipping Laws Code extends and applies with respect to the requirements for the issue of a certificate of survey for a trading, fishing or hire and drive vessel. 213. Certificate of survey to be subject to conditions for Port Phillip Heads A certificate of survey issued by the Director to a trading vessel to carry passengers in or through Port Phillip Heads may be limited by any conditions determined by the Director. 214. Certificate of survey to be subject to conditions for Lakes Entrance Bar A certificate of survey issued by the Director to a trading vessel to carry passengers across the Lakes Entrance Bar may be limited by conditions determined by the Director. 215. Trading and fishing vessels—construction and equipment The following provisions of the Uniform Shipping Laws Code extend and apply to trading vessels and fishing vessels— (a) sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L and M; (b) section 6; r. 212 Reg. 212(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 213 amended by S.R. No. 8/2002 reg. 5(1). Reg. 214 amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 18 (c) section 7 (except clauses 74.4 and 74.5); (d) sections 8A, B and C; (e) Sections 9, 10, 11, 12 and 13. 216. Hire and drive vessels—construction and equipment The owner and the operator of a hire and drive vessel must observe section 18 of the Uniform Shipping Laws Code (except clauses 2.4.1, 2.5.1, 2.5.3 and Part 3 and Part 4). 216A. Certificate of survey to be carried on board certain vessels (1) If a vessel is a trading vessel, fishing vessel or hire and drive vessel, the owner of the vessel must ensure that the certificate of survey issued in respect of that vessel or a certified copy of it— (a) is carried on board the vessel; and (b) is displayed in a place and in a manner that it can be readily seen by any person on board the vessel— at all times while the vessel is operating in State waters. Penalty: 10 penalty units. (2) If a vessel is a trading vessel or fishing vessel, the master of the vessel must ensure that the certificate of survey issued in respect of that vessel or a certified copy of it— (a) is carried on board the vessel; and (b) is displayed in a place and in a manner that it can be readily seen by any person on board the vessel— at all times while the vessel is operating in State waters. Penalty: 10 penalty units. r. 216 Reg. 216A inserted by S.R. No. 127/2001 reg. 9. Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 19 (3) For the purposes of this regulation, the Director may certify a copy of a certificate of survey to be a true copy of that certificate. (4) In this regulation "certified copy" in relation to a certificate of survey means a copy of a certificate of survey that has been certified to be a true copy of that certificate by— (a) the Director; or (b) a person authorised under section 107A(1) or 123C(1) of the Evidence Act 1958 to take affidavits or witness the signing of statutory declarations. Division 3—Operation of hire and drive vessels 217. Maintenance and production of register of hire contracts (1) The owner of a hire and drive vessel must, in respect of any hire and drive contract entered into for the use of that vessel, maintain a register in a form approved by the Director which includes— (a) the full name, address and signature of the hirer; and (b) the date and time that the vessel was hired to the hirer; and (c) the number of people to be carried on the vessel; and Reg. 216A(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 216A(4)(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 217(1) amended by S.R. No. 8/2002 reg. 5(1). r. 217 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 20 (d) the date and time that the vessel was returned by the hirer. Penalty: 2 penalty units. (2) A person who hires a hire and drive vessel must provide to the owner of the vessel the details specified in sub-regulation (1)(a) and (c). Penalty: 2 penalty units. (3) The owner of a hire and drive vessel must, if requested by a member of the police force or by a person authorised by the Director, produce for inspection the register maintained under sub regulation (1). Penalty: 2 penalty units. 218. Sale or purchase of hire and drive vessel (1) The owner of a hire and drive vessel who sells or otherwise disposes of the vessel must, within 14 days after the sale or disposal of the vessel, notify the Director in writing of— (a) the date of the sale or disposal of the vessel; and (b) the name, identification number and description of the vessel; and (c) the name and address of the purchaser or person acquiring the vessel; and (d) the owner's full name and address. Penalty: 2 penalty units. (2) A person who purchases or otherwise acquires a hire and drive vessel must, within 14 days after the purchase or acquisition, notify the Director in writing of— (a) the date of the purchase or acquisition of the vessel; and Reg. 217(3) amended by S.R. No. 8/2002 reg. 5(2). r. 218 Reg. 218(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 218(2) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 21 (b) the name, identification number, and description of the vessel; and (c) his or her full name and address. Penalty: 2 penalty units. 219. Owner to report accident involving hire and drive vessel The owner of a hire and drive vessel which is involved in an accident resulting in personal injury or property damage must report, in writing and without delay, to the Director full particulars of the accident. Penalty: 3 penalty units. 220. Use of hire and drive vessel The hirer, and the operator (if the hirer is not the operator), of a hire and drive vessel must not— (a) permit any equipment listed on the certificate of survey for the vessel to be improperly used or handled; or (b) permit the vessel to proceed beyond or outside the geographical limits specified on the certificate of survey for the vessel. Penalty: 4 penalty units. 221. Instructions to be given to hirers (1) The owner of a hire and drive vessel must take reasonable steps to ensure that the vessel is not hired out to a hirer, and operator (if the hirer is not the operator), or operated by a person who is not competent to take charge of that vessel within the geographical limits specified by the Director on the certificate of survey for the vessel. Penalty: 5 penalty units. Reg. 219 amended by S.R. No. 8/2002 reg. 5(1). r. 219 Reg. 221(1) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 22 (2) The owner of a hire and drive vessel must ensure that any person who hires the vessel and any person who operates the vessel is given clear and concise instructions about— (a) the correct and safe handling and navigation of the vessel; and (b) the correct and safe operation of machinery, fuel, gas and pumping systems and valves or openings in the hull of the vessel; and (c) the storage and use of life saving appliances, fire appliances and other safety equipment; and (d) the geographical limits of operation of the vessel. Penalty: 5 penalty units. (3) The owner of a hire and drive vessel must ensure that any person who hires the vessel and any person who operates the vessel is given a plan showing the geographical limits within which the vessel may be operated. Penalty: 5 penalty units. (4) The owner of a hire and drive vessel must obtain from the person hiring the vessel a signed statement indicating that the person fully understands the geographical limits and restrictions and any conditions that the Director has certified on the certificate of survey about the use of the vessel. Penalty: 5 penalty units. r. 221 Reg. 221(4) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 23 222. Reckless operation of hire and drive vessel (1) A person must not operate a hire and drive vessel on State waters recklessly, negligently or in a way that is dangerous to the public or that is likely in any way to cause injury or damage to any person or property. Penalty: 20 penalty units. (2) A person must not when being towed or propelled by a hire and drive vessel on State waters (whether or not the person is riding on water skis or a surfboard or any other device), act recklessly, negligently or in a way that is dangerous to the public or that is likely in any way to cause injury or damage to any person or property. Penalty: 20 penalty units. (3) Sub-regulations (1) and (2) do not apply to a person who uses a vessel in accordance with section 26 of the Act to assist a person in distress. 223. Person under 10 to wear personal flotation device (1) The owner of a hire and drive vessel must ensure that, when the vessel departs on a voyage on State waters, every person under the age of 10 years on that vessel is wearing a personal flotation device. Penalty: 4 penalty units. (2) The hirer of a hire and drive vessel must ensure that, when that vessel is underway on State waters, every person under the age of 10 years on the vessel is wearing a personal flotation device. Penalty: 4 penalty units. (3) Sub-regulations (1) and (2) do not apply to a person under the age of 10 years who is within a deck house, a cabin, a half-cabin or a securely enclosed under-deck space on the vessel. r. 222 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 24 224. Fuelling of hire and drive vessel (1) The owner of a hire and drive vessel, which is under the owner's immediate control, must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel. Penalty: 4 penalty units. (2) The hirer, and the operator (if the operator is not the hirer), of a hire and drive vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel. Penalty: 4 penalty units. 225. Naked flame on hire and drive vessel (1) The owner of a hire and drive vessel must not permit any appliance which produces a naked flame to be installed in any compartment of the vessel containing motors or a fuel tank. Penalty: 4 penalty units. (2) The owner of a hire and drive vessel, which is under the owner's immediate control, must not permit any appliance which produces a naked flame to be used in any compartment of the vessel containing motors or a fuel tank. Penalty: 4 penalty units. (3) The hirer, and the operator (if the operator is not the hirer), of a hire and drive vessel must not permit any appliance which produces a naked flame to be used in any compartment of the vessel containing motors or a fuel tank. Penalty: 4 penalty units. r. 224 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 25 226. Stowage of equipment on hire and drive vessel The owner of a hire and drive vessel must take reasonable steps to ensure that all lifesaving equipment fire extinguishers and other safety equipment carried on the vessel are— (a) placed so that they are readily accessible; and (b) maintained in good order and working condition. Penalty: 4 penalty units. 227. Hire and drive vessel not to be overloaded (1) The owner of a hire and drive vessel which is under the owner's immediate control, must not permit more than the maximum number of passengers, as specified on the certificate of survey, on board the vessel at any one time. Penalty: 4 penalty units. (2) A person must not operate a hire and drive vessel that has more than the maximum number of passengers, as specified on the certificate of survey, on board the vessel at any one time. Penalty: 4 penalty units. Division 4—Recreational vessels 228. Construction of recreational vessels A person who constructs a recreational vessel must do so in accordance with the requirements of Schedule 3. Penalty: 5 penalty units. r. 226 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 26 229. Operation of recreational vessels A person must not operate a recreational vessel on State waters unless it is constructed in accordance with Schedule 3. Penalty: 5 penalty units. 230. Equipment to be carried on recreational vessels (1) A person must not operate a recreational vessel in State waters (other than inland or enclosed waters) unless the vessel is— (a) equipped with each of the items specified in Column 1 of Part A of the Table in Schedule 4 in the quantity specified opposite that item in the Column of the Table that applies to that vessel; and (b) equipped with an anchor cable of the length and diameter specified in Part B of the Table in Schedule 4 opposite the type (if any) of anchor cable in the Column of the Table that applies to that vessel. Penalty: 5 penalty units. (2) A person must not operate a recreational vessel in inland or enclosed waters unless the vessel is equipped with each of the items specified in Column 1 of the Table in Schedule 5 in the numbers (if any) specified opposite that item in the Column of the Table that applies to that vessel. Penalty: 5 penalty units. 231. Exemption from requirements of regulation 230 (1) The Director may, by notice published in the Government Gazette, exempt any person or any class of persons in respect of any vessel or any class of vessels from the requirements of regulation 230. r. 229 Reg. 231(1) amended by S.R. No. 8/2002 reg. 5(1). Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 27 (2) The Director may impose conditions on an exemption relating to all or any of the following— (a) specifying the type of vessel to which the exemption applies; (b) specifying the activity that the vessel is engaged in; (c) requiring the occupants of the vessel to wear particular equipment or devices; (d) requiring the vessel to be used for particular purposes; (e) specifying the length of the vessel. (3) A person must comply with any conditions that apply to exemptions given under this regulation. Penalty: 5 penalty units. 232. Person under 10 to wear lifejackets (1) The operator of a recreational vessel must ensure that when the vessel is under way on State waters every person under the age of 10 years on that vessel is wearing a personal flotation device. Penalty: 4 penalty units. (2) Sub-regulation (1) does not apply to a person under the age of 10 years being carried on a recreational vessel if that person is within a deck house, a cabin, a half-cabin or a securely enclosed under-deck space on the vessel. 233. Fuelling of recreational vessel The operator of a recreational vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel. Penalty: 4 penalty units. Reg. 231(2) amended by S.R. No. 8/2002 reg. 5(1). r. 232 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 28 234. Naked flame on recreational vessel (1) The owner of a recreational vessel must ensure that any appliance which produces a naked flame is not installed in any compartment of the vessel that contains motors or a fuel tank. Penalty: 4 penalty units. (2) The operator of a recreational vessel must ensure that any appliance which produces a naked flame is not used in any compartment of the vessel that contains motors or a fuel tank. Penalty: 4 penalty units. 235. Stowage of equipment on recreational vessel A person must not operate a recreational vessel unless the lifesaving equipment and fire extinguishers carried on the vessel are— (a) placed so that they are readily accessible; and (b) maintained in good order and working condition. Penalty: 4 penalty units. 236. Overloaded recreational vessel not to be operated (1) A person must not operate a recreational vessel that is overloaded within the meaning of this regulation. Penalty: 4 penalty units. (2) A recreational vessel is overloaded— (a) if the number of persons on the vessel exceeds the maximum number of persons specified by the manufacturer of the vessel on a capacity plate attached to the vessel; or r. 234 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 29 (b) if— (i) the recreational vessel is of a length specified in Column 1 of the following Table and the number of persons being carried on board the vessel as specified in Column 2 of the Table is exceeded— Table Column 1 Length of recreational vessel Column 2 Maximum No. of Persons Less than 3 metres 2 3 metres or more but less than 3⋅5 metres 3 3⋅5 metres or more but less than 4⋅5 metres 4 4⋅5 metres or more but less than 5 metres 5 5 metres or more but less than 5⋅5 metres 6 5⋅5 metres or more but less than 6 metres 7 ; or (ii) if the vessel is a single deck vessel and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater— P = 0⋅75 × L × √B where— P = the number of people; r. 236 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 30 L = the length of the vessel in metres; B = the width of the vessel in metres; or (iii) if the vessel is fitted with a flying bridge and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater— P = 0⋅6 × L × √B where P, L and B have the same meaning as they have in sub paragraph (ii); or (iv) if the vessel is fitted with a flying bridge and the number of people carried on that flying bridge exceeds one quarter of the number of people (rounded up to the nearest whole number) permitted to be carried on the vessel under sub-paragraph (iii); or (v) if the vessel is a decked canoe or kayak or is otherwise fitted with individual cockpits and the number of persons carried on the vessel exceeds the number of individual cockpits in the vessel irrespective of the age of the person. Penalty: 4 penalty units. (3) For the purposes of this regulation a vessel is not overloaded if— (a) the manufacturer of the vessel has certified in writing that the vessel may be safely operated with a specified number of people on board; and r. 236 Part 2—Vessel Operation, Construction and Equipment Marine Regulations 1999 S.R. No. 145/1999 31 (b) the number of people on board the vessel does not exceed that specified number. (4) In calculating the number of people on board a vessel for the purposes of this regulation, except sub-regulation (2)(b)(v)— (a) children aged more than 12 months but less than 12 years shall be counted as 0⋅5 person; (b) children aged less than 1 year shall not be included. r. 236 Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 32 PART 3—CREWING, CERTIFICATES AND LICENCES Division 1—Crewing of vessels and certificates of competence 300. Crewing of trading vessels (1) A trading vessel must be crewed in accordance with a determination by the Director. (2) The Director must determine the crewing of a trading vessel in accordance with the requirements of Part 4 of Section 2 of the Uniform Shipping Laws Code. 301. Crewing of fishing vessels (1) A fishing vessel must be crewed in accordance with a determination by the Director. (2) The Director must determine the crewing of a fishing vessel in accordance with the requirements of Part 4 of Section 3 of the Uniform Shipping Laws Code. 302. Certificates of competency under the Uniform Shipping Laws Code The Director may issue in accordance with Section 2 or Section 3 of the Uniform Shipping Laws Code a certificate of competency of the following grades— (a) Master Class 3; (b) Master Class 4; (c) Master Class 5; (d) Mate Class 4; (e) Coxswain; r. 300 Reg. 300(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 300(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 301(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 301(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 302 amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 33 (f) Skipper Grade 1; (g) Skipper Grade 2; (h) Skipper Grade 3; (i) Marine Engineer Class 3; (j) Marine Engine Driver Grade 1; (k) Marine Engine Driver Grade 2; (l) Marine Engine Driver Grade 3. 303. Certificate of competency (1) An application for the issue, variation or renewal of a certificate of competency may be made to the Director. (2) An application must be— (a) in the form determined by the Director; and (b) accompanied by— (i) evidence that the applicant has completed a course appropriate for the purpose for which the certificate is issued that is approved by the Director; and (ii) has complied with any prerequisites for a certificate of competency specified in Part 3 of Section 2 or Part 3 of Section 3 of the Uniform Shipping Laws Code; and (iii) any documents needed to support any information supplied on that form (if required by the Director); and r. 303 Reg. 303(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 303(2)(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 303 (2)(b)(i) amended by S.R. No. 8/2002 reg. 5(1). Reg. 303 (2)(b)(iii) amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 34 (iv) the fee prescribed in Division 2 of Part 8 of these Regulations. (3) The certificate of competency may be limited by a condition imposed by the Director. (4) A certificate of competency is valid for a period of 5 years after the date it is issued. (5) The Director may require— (a) the applicant to provide further information or material in respect of the application; and (b) that the information be verified; and (c) proof of the identity of the person making the application. 304. Certificate of competency to be subject to endorsement for Port Phillip Heads The master of a trading vessel carrying passengers in or through Port Phillip Heads must not so operate the vessel unless he or she holds a current valid certificate of competency endorsed by the Director for that purpose. Penalty: 20 penalty units. 305. Requirements to be met before a certificate of competency may be endorsed for Port Phillip Heads The Director may grant a certificate of competency or vary an existing certificate of competency so that it is endorsed for a trading vessel carrying passengers in or through Port Phillip Heads, if the certificate holder or applicant has completed to the satisfaction of the Director the training course conducted by or on behalf of the Director set out in Schedule 6. Reg. 303(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 303(5) amended by S.R. No. 8/2002 reg. 5(1). Reg. 304 amended by S.R. No. 8/2002 reg. 5(1). r. 304 Reg. 305 amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 35 306. Period of endorsement remains in force for Port Phillip Heads An endorsement on a certificate of competency issued under regulation 305 remains in force while the certificate remains current unless— (a) it is suspended or cancelled by the Director; or (b) the certificate holder requests in writing that the Director cancel the endorsement. 307. Certificate of competency to be subject to endorsement for Lakes Entrance Bar The master of a trading vessel carrying passengers across the Lakes Entrance Bar must not so operate the vessel unless he or she holds a current valid certificate of competency endorsed by the Director for that purpose. Penalty: 20 penalty units. 308. Special requirements for Lakes Entrance Bar (1) The Director may grant a certificate of competency or vary an existing certificate of competency so that it is endorsed for a trading vessel carrying passengers across the Lakes Entrance Bar, if the certificate holder or applicant— (a) has met the qualifying sea service, as set out in Schedule 7; and (b) has successfully completed a training course conducted by or on behalf of the Director, as set out in Schedule 7; and Reg. 306(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 306(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 307 amended by S.R. No. 8/2002 reg. 5(1). r. 306 Reg. 308(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 308(1)(b) amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 36 (c) is able to satisfy an examiner or panel of examiners appointed by the Director by means of an oral examination or written examination or both that he or she is competent to act as a master of a trading vessel carrying passengers across the Lakes Entrance Bar in accordance with this Division; and (d) has complied with sub-regulations (2), (3) and (4). (2) On completion of the requirements of sub regulation (1)(a), (b) and (c), the applicant must complete— (a) one or more crossings of the Lakes Entrance Bar as the master of a trading vessel; and (b) be accompanied on each crossing of the Lakes Entrance Bar by a person approved by the Director to assess the applicant's competency. (3) The applicant must maintain an accurate and complete written record of each qualifying crossing of the Lakes Entrance Bar required by sub-regulation (2) and the range of conditions experienced during each crossing. (4) The record of the applicant's qualifying sea service shall be in a form approved by the Director and the record shall be made available to the Director at the time of application for its examination. 309. Period of endorsement remains in force for Lakes Entrance Bar An endorsement on a certificate of competency issued under regulation 308 remains in force while the certificate is current unless— Reg. 308(1)(c) amended by S.R. No. 8/2002 reg. 5(1). Reg. 308(2)(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 308(4) amended by S.R. No. 8/2002 reg. 5(1). r. 309 Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 37 (a) the endorsement is suspended or cancelled by the Director; or (b) the certificate holder requests in writing that the Director cancel the endorsement. Division 2—Pilots, Pilot Exemption and Local Knowledge 310. Offence to act as a pilot without a licence A person must not act as a pilot unless that person holds a pilot licence issued by the Director. Penalty: 10 penalty units. 311. Pilot exempt master (1) A master who holds a pilot exemption for a particular port, in accordance with this Division, is exempted from the requirement to engage a pilot with respect to that port. (2) A pilot exemption may be issued to a master in accordance with a determination of the Director. 312. Pilot licence or pilot exemption (1) An application for a pilot licence or pilot exemption may be made to the Director. (2) An application must be— (a) in the form determined by the Director; and Reg. 309(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 309(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 310 amended by S.R. No. 8/2002 reg. 5(1). r. 310 Reg. 311(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 312(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 312(2)(a) amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 38 (b) accompanied by— (i) evidence of the qualifications which the applicant claims entitle him or her to a pilot licence or pilot exemption; and (ii) the prescribed fee. (3) The pilot licence or pilot exemption may be limited by a condition imposed by the Director. (4) The Director — (a) may require the applicant to provide further information or material in respect of the application; and (b) may require that the information be verified; and (c) may require proof of the identity of the person making the application. 313. Qualifications for the issue of a pilot licence and pilot exemption (1) A person is qualified to hold a pilot licence if he or she has satisfied the requirements in the relevant determination of the Director. (2) A person is qualified to hold a pilot exemption if he or she has satisfied the requirements in the relevant determination of the Director. 314. Period a pilot licence or pilot exemption remains valid (1) A pilot licence is valid for a period of 5 years after the date it is issued provided it is not cancelled or revoked by the Director. Reg. 312(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 312(4) amended by S.R. No. 8/2002 reg. 5(1). r. 313 Reg. 313(1) amended by S.R. No. 8/2002 reg. 5(3). Reg. 313(2) amended by S.R. No. 8/2002 reg. 5(3). Reg. 314(1) amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 39 (2) A pilot exemption remains valid for a period of 2 years after the date it is issued provided it is not cancelled or revoked by the Director. 315. Local knowledge certificate A local knowledge certificate may be issued to a master in accordance with a determination by the Director. 316. Circumstances in which holder of local knowledge certificate is not required to use pilot For the purposes of section 96(2)(c) of the Act, a master who is the holder of a certificate of local knowledge issued under this Division is not required to use the services of a pilot in port waters if the vessel that the master has command or charge of— (a) is a vessel of a type that the holder of the certificate is authorised to operate by a current valid certificate of competence issued by the Director; and (b) is a vessel greater than 35 metres in length and operates either permanently, or for the time being solely, within the limits of port waters. 317. Local knowledge certificate (1) A person may apply to the Director for the issue of a local knowledge certificate. (2) An application under sub-regulation (1) must— (a) be in the form determined by the Director; and Reg. 314(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 315 amended by S.R. No. 8/2002 reg. 5(1). Reg. 316(a) amended by S.R. No. 8/2002 reg. 5(1). r. 315 Reg. 317(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 317(2)(a) amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 40 (b) be accompanied by— (i) evidence that the applicant has a valid current certificate of competency for the vessel that he or she is in charge of; and (ii) evidence that the applicant has completed any training required by the Director; and (iii) evidence that the applicant has sufficient qualifying service and experience appropriate to the port waters to which the local knowledge certificate will apply; and (iv) the fee prescribed in Division 2 of Part 8 of these Regulations. (3) The Director — (a) may require the applicant to provide further information or material in respect of the application; and (b) may require the information to be verified; and (c) may require proof of the identity of the person making the application. (4) The certificate of local knowledge may be limited by a condition imposed by the Director. 318. Period a certificate of local knowledge remains valid A certificate of local knowledge is valid for a period of 5 years after the date it is issued unless it is sooner cancelled or revoked by the Director. Reg. 317(2)(b)(ii) amended by S.R. No. 8/2002 reg. 5(1). Reg. 317(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 317(4) amended by S.R. No. 8/2002 reg. 5(1). Reg. 318 amended by S.R. No. 8/2002 reg. 5(1). r. 318 Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 41 Division 3—Harbour masters 319. Harbour master licence (1) A person may apply to the Director for the issue, variation or renewal of a harbour master licence. (2) The application must— (a) be in the form determined by the Director; and (b) specify the area of State waters for which the licence is required; and (c) be accompanied by evidence that the applicant has a valid current certificate of competence as a Master Class 1 or equivalent as the Director may direct; and (d) be accompanied by evidence of sufficient qualifying service and experience appropriate to the State or port waters to which the harbour master licence will apply; and (3) The Director — (a) may require the applicant to provide further information or material in respect of the application; and (b) may require the information to be verified; and (c) may require proof of the identity of the person making the application. (4) The harbour master licence may be limited by a condition imposed by the Director. Reg. 319(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 319(2)(a) amended by S.R. No. 8/2002 reg. 5(1). r. 319 Reg. 319(2)(c) amended by S.R. No. 8/2002 reg. 5(1). Reg. 319(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 319(4) amended by S.R. No. 8/2002 reg. 5(1). Part 3—Crewing, Certificates and Licences Marine Regulations 1999 S.R. No. 145/1999 42 320. Period harbour master licence remains in force A harbour master licence remains in force for a period of 5 years after the date it is issued unless it is sooner cancelled or revoked by the Director. Division 4—Carriage of certificate, licence or exemption 321. Carriage of certificate, licence or exemption The holder of a current valid certificate, licence or exemption issued under this Part must carry the certificate, licence or exemption whilst operating a vessel covered by that certificate or licence or exemption. Penalty: 2 penalty units. Reg. 320 amended by S.R. No. 8/2002 reg. 5(1). r. 320 Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 43 PART 4—REGISTRATION OF VESSELS Division 1—Registration of vessels 400. Requirements for registration of vessels (1) The owner or operator of a vessel that— (a) is operated on State waters; or (b) is intended to be operated on State waters— may apply to the Director to register or renew the registration of that vessel. (2) An application for registration must— (a) include the name and address of the owner or operator of the vessel; and (b) be accompanied by proof as to the identity and address of the applicant; and (c) specify the following details about the vessel to be registered— (i) the type of engine; (ii) the type of drive; (iii) the type of vessel; (iv) the type of hull; (v) the length, breadth and colour; (vi) the make of engine; (vii) the name of engine maker; (viii) the engine number; (ix) the engine's horsepower; (x) the engine power units; (xi) the number of cylinders in the engine; (xii) the internal diameter of the cylinders; r. 400 Reg. 400(1) amended by S.R. No. 8/2002 reg. 5(1). Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 44 (xiii) current registration details (if applicable); (xiv) assigned registration number (if applicable); and (d) be accompanied by the fee for boating facilities and safety education prescribed in Division 3 of Part 8. (3) An application for renewal of registration must be accompanied by the fee for boating facilities and safety education prescribed in Division 3 of Part 8. (4) Sub-regulation (2)(d) and (3) does not apply to a person who registers a vessel that— (a) is used or intended to be used primarily for search and rescue purposes; and (b) is owned by an organisation approved by the Director for the purposes of section 10(3) of the Act. 401. Period of registration (1) The Director may register a vessel for a period not exceeding one year. (2) The Director may renew the registration of a vessel for a period not exceeding one year. (3) Registration or renewal of registration of a vessel commences on the day on which the Director issues the certificate of registration. Reg. 400(4)(b) amended by S.R. No. 8/2002 reg. 5(1). r. 401 Reg. 401(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 401(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 401(3) amended by S.R. No. 8/2002 reg. 5(1). Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 45 402. Registration label and identification mark (1) The Director may in respect of every vessel that is registered under regulation 400 issue a registration label and assign an identification mark after receiving the fees prescribed in Division 3 of Part 8. (2) The registered owner or operator of a vessel must ensure that the registration label for that vessel that is issued by the Director under sub-regulation (1) is fixed and remains fixed in a conspicuous position on the outside or upper position of the vessel. Penalty: 2 penalty units. (3) The registered owner or operator of a vessel must ensure that the identification mark that is assigned by the Director for that vessel is painted or displayed on the hull of the vessel on each side of the bow as high as practicable above the waterline in characters that are— (a) no less than 150 millimetres high; and (b) in proportionate breadth; and (c) coloured in contrast to that of the surface on which they are displayed. Penalty: 2 penalty units. (4) A person must not fix to a vessel a registration label or paint on, apply or otherwise fix to or display on a vessel an identification mark if the registration label or identification mark is not assigned by the Director to that vessel. Penalty: 2 penalty units. Reg. 402(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 402(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 402(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 402(4) amended by S.R. No. 8/2002 reg. 5(1). r. 402 Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 46 (5) A person who operates a registered vessel on State waters must ensure that the identification mark assigned to that vessel by the Director is fixed and remains fixed in a conspicuous position on the outside or upper position of the vessel. Penalty: 2 penalty units. 403. Cancellation of registration The Director must cancel the registration of the vessel if— (a) the registered owner or operator of a vessel requests the Director in writing to cancel the registration of that vessel; or (b) the Director is satisfied that a vessel has been stolen and not recovered or has been destroyed; or (c) the Director is satisfied that false or misleading information has been provided in connection with the registration of the vessel. 404. Suspension of registration (1) If, after considering a report from a person authorised under section 13 of the Act to inspect a vessel the Director is satisfied that a registered vessel does not comply with the Act or the regulations, the Director, by notice in writing served personally or by post on the registered owner or operator of the vessel, may suspend the registration of the vessel. (2) The Director must specify in the notice under sub regulation (1) the reasons why the vessel does not comply with the Act or the regulations. Reg. 402(5) amended by S.R. No. 8/2002 reg. 5(1). Reg. 403 amended by S.R. No. 8/2002 reg. 5(1). r. 403 Reg. 403(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 403(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 403(c) amended by S.R. No. 8/2002 reg. 5(1). Reg. 404(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 404(2) amended by S.R. No. 8/2002 reg. 5(1). Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 47 (3) The Director may at any time during the current period of registration of that vessel, by notice in writing served personally or by post on the registered owner or operator of the vessel, withdraw the suspension notice if the Director is satisfied that— (a) the deficiencies and defects in the vessel have been remedied; and (b) the vessel complies with the Act and the regulations. 405. Transfer of registered vessel (1) A registered owner of a vessel who sells or otherwise disposes of the vessel must within 14 days after the sale or disposal of the vessel— (a) complete an application for transfer of registration in the form approved for that purpose by the Director and sign it; and (b) give the person who acquires the vessel the completed application for transfer of registration. Penalty: 2 penalty units. (2) A person who purchases or otherwise acquires a registered vessel must, within 14 days after the purchase or acquisition of the vessel— (a) complete the application for transfer of registration from the owner of the vessel that has been completed and signed by the disposer; and (b) give the completed application for transfer of registration form to the Director. Penalty: 2 penalty units. Reg. 404(3) amended by S.R. No. 8/2002 reg. 5(1). r. 405 Reg. 405(1)(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 405(2)(b) amended by S.R. No. 8/2002 reg. 5(1). Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 48 406. General exemptions from registration (1) For the purposes of section 8(1) of the Act, the following vessels are exempted from registration— (a) a vessel of not more than 5 metres in length that is used or intended to be used as a means of transport on inland waters or enclosed waters and that conspicuously displays the name of its mother vessel or the registration number of that vessel and the letter "T" and that operates or is intended to operate— (i) between the shore and another vessel not more than 300 metres from the shore; or (ii) between vessels not more than 300 metres apart and not more than 300 metres from the shore; (b) a vessel that does not have an engine that is used or is capable of being used for propulsion; (c) a fishing vessel; (d) a trading vessel; (e) a hire and drive vessel; (f) a vessel which— (i) is temporarily being operated on State waters; and (ii) is registered in another State or a Territory of the Commonwealth; and (iii) displays in accordance with an Act or regulation of that State or Territory an identifying plate, mark or number issued or allocated by the relevant authority in that State or Territory for the vessel; r. 406 Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 49 (g) a vessel that— (i) is temporarily being operated on State waters; and (ii) is exempt from registration as a vessel in another State or a Territory of the Commonwealth in which the owner of the vessel ordinarily resides; (h) a recreational vessel with an engine used or capable of being used for propulsion that is under the control of a manufacturer or dealer who has a special identification mark and a special identification plate issued in accordance with Division 2. Division 2—Identification Plates and Marks 407. Special identification plates and marks (1) A person who is a manufacturer of or dealer in recreational vessels with engines used or capable of being used for propulsion may apply to the Director for the issue of a special identification plate or mark. (2) An application must be accompanied by the appropriate fees prescribed in Division 3 of Part 8. (3) The Director may issue a special identification mark and a special identification plate to the manufacturer or dealer. 408. Conditions of use of special identification plates and marks (1) A person issued with a special identification plate or mark in accordance with regulation 407— r. 407 Reg. 407(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 407(3) amended by S.R. No. 8/2002 reg. 5(1). Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 50 (a) must ensure that the special identification plate is displayed on the vessel in respect of which the plate or mark has been issued by the Director at all times; and (b) must not use, or allow the vessel to be used, for any purposes other than— (i) operating the vessel from place to place while the vessel is in the process of manufacture; or (ii) operating the vessel from the place of manufacture to the place where it will be offered for sale; or (iii) testing the vessel; or (iv) demonstrating the vessel to a purchaser or prospective purchaser; or (v) delivering the vessel for or after sale; or (vi) carrying out repairs to the vessel; or (vii) returning the vessel to its owner after it has been repaired; and (c) must not allow the vessel to be operated by a person other than the manufacturer or dealer or a person employed by the manufacturer or dealer; and (d) must ensure that the special identification plate is fixed to the vessel where it can be easily seen with every letter, figure and symbol on the plate upright and clearly distinguishable from a distance of at least 20 metres from the vessel; and Reg. 408(1)(a) amended by S.R. No. 8/2002 reg. 5(1). r. 408 Part 4—Registration of Vessels Marine Regulations 1999 S.R. No. 145/1999 51 (e) must keep at the manufacturer's or dealer's office or place of business a record of the name and address of each person who operates the vessel on which the special identification plate is displayed. Penalty: 4 penalty units. (2) A manufacturer of or dealer in recreational vessels must not enter any particulars which he or she knows, or should reasonably know, to be false in any records kept under sub-regulation (1)(e). Penalty: 4 penalty units. r. 408 Part 5—Alcohol and Drug Testing And Other Matters Marine Regulations 1999 S.R. No. 145/1999 52 PART 5—ALCOHOL AND DRUG TESTING AND OTHER MATTERS 500. Prescribed breath test devices The prescribed devices for the purposes of section 29(1) of the Act are the breath testing devices known as— (a) the Alcotest 80/A; (b) the Lion Alcolmeter also known as the lion alcolmeter S-D2; (c) the lion alcolmeter SD-400PA. 501. Procedure for breath analysis It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 31(3) of the Act to operate a breath analysing instrument— (a) does not require a person to undertake a breath analysis until the operator is satisfied that the person has not consumed any intoxicating liquor for a period of at least 15 minutes before the analysis; and (b) provides a fresh mouthpiece for use by each person required to provide a breath sample; and (c) uses only a mouthpiece which, until required for taking a breath sample, has been kept in a sealed container. 502. Breath analysis certificate For the purposes of section 31(4) of the Act the prescribed form for a certificate is the form in Schedule 8. Pt 5 (Heading) substituted by S.R. 127/2001 reg. 10. r. 500 Part 5—Alcohol and Drug Testing And Other Matters Marine Regulations 1999 S.R. No. 145/1999 53 503. Method of obtaining blood sample If a blood sample is taken by a registered medical practitioner for the purposes of the Act— (a) the sample must be obtained by venipuncture; and (b) the site of the puncture must be cleansed with a swab taken from a container that— (i) is sealed against contamination; and (ii) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. 504. Procedure after taking blood sample (1) A registered medical practitioner who takes a blood sample for the purposes of section 31 or 31A of the Act must ensure that— (a) the sample of blood is placed in 3 dry containers, each containing approximately the same amount of blood; and (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds an anti coagulant and a preservative; and (ii) the specific anti-coagulant and the specific preservative that the container holds; and (iii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and r. 503 Part 5—Alcohol and Drug Testing And Other Matters Marine Regulations 1999 S.R. No. 145/1999 54 (d) each container has attached to it a label bearing the signature of the registered medical practitioner, the date and time the sample was taken and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken. (2) If a blood sample has been taken under section 31A of the Act, the registered medical practitioner must ensure that— (a) one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and (b) one container is placed and sealed in a container labelled "screening sample"; and (c) one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken. 505. Certificate by medical practitioner taking blood sample For the purposes of section 32(3) of the Act, the prescribed form for a certificate is the form in Schedule 9. 506. Analysts certificate For the purposes of section 32(4) of the Act, the prescribed form for a certificate is the form in Schedule 10. r. 505 Part 5—Alcohol and Drug Testing And Other Matters Marine Regulations 1999 S.R. No. 145/1999 55 507. Notice of immediate operator licence suspension A notice for the purposes of section 28C(1) of the Act must, in addition to the matters referred to in that section, contain the following details— (a) the name and address of the accused; and (b) a statement of the offence with which the accused is charged and, in the case of an offence under paragraph (b), (e) or (f) of section 28(1) of the Act, the alleged concentration of alcohol in the blood of the accused; and (c) the approximate time and place of commission of the offence with which the accused is charged; and (d) the name, signature and business address of the person who charged the accused; and (e) the date on which the notice was given to the accused. 508. Suspended operator licence document to be surrendered to Director For the purposes of section 61BA(7) of the Act, a person to whom section 61BA(1) of the Act applies must surrender his or her operator licence document to the Director. Reg. 507 inserted by S.R. No. 127/2001 reg. 11. r. 507 Reg. 508 inserted by S.R. No. 127/2001 reg. 11, amended by S.R. No. 8/2002 reg. 5(1). Part 6—Prescribed Measuring Devices Marine Regulations 1999 S.R. No. 145/1999 56 PART 6—PRESCRIBED MEASURING DEVICES 600. Prescribed measuring devices (1) The prescribed measuring devices for the purposes of sections 88 and 89(6) of the Act are the laser devices known as— (a) the LTI 20-20 Ultralyte LR; and (b) the Prolaser III. (2) A measuring device referred to in sub-regulation (1) must be calibrated in knots. 601. Testing Officer For the purposes of section 88 of the Act, a prescribed measuring device must be tested by one of the following— (a) a technical officer or the head of a faculty, school or department of electrical engineering, electronics or communications at a university specified in Schedule 1 to the Tertiary Education Act 1993 or at an institution specified in Schedule 1 to the Vocational Training and Education Act 1990; (b) a person skilled in the development and operation of speed measuring devices and authorised in writing by the Chief Commissioner of Police; r. 600 Reg. 600(1) amended by S.R. No. 8/2002 reg. 6. Reg. 600(1)(a) amended by S.R. No. 13/2000 reg. 8(a). Reg. 600(1)(b) amended by S.R. No. 13/2000 reg. 8(b). Part 6—Prescribed Measuring Devices Marine Regulations 1999 S.R. No. 145/1999 57 (c) the principal testing officer of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia (NATA). 602. Testing of prescribed measuring devices For the purposes of section 88 of the Act, a prescribed measuring device is tested in the prescribed manner if the testing officer who tests the device— (a) is satisfied that the device is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the device has been carried out in a satisfactory manner; and (b) is satisfied that the device is properly calibrated so that it operates within the limits of error of not more than 2 knots greater than or less than the true speeds determinable from the test; and (c) records and retains the results of the test, including— (i) a statement showing the frequencies or speeds at which the calibration was effected and the number of times at each frequency or speed the calibration was effected; and (ii) the date of the test and the ambient temperature at the time of the test. 603. Sealing of prescribed measuring devices For the purposes of section 88 of the Act, a prescribed measuring device is sealed in the prescribed manner if— (a) the device has been tested in accordance with regulation 602 and the device has satisfied the test requirements; and r. 602 Part 6—Prescribed Measuring Devices Marine Regulations 1999 S.R. No. 145/1999 58 (b) the device is sealed by the testing officer who carried out the test; and (c) the device is sealed with a seal that effectively prevents interference with the mechanism or circuitry of the device without breaking the seal; and (d) the testing officer keeps full and accurate records of the device sealed, including— (i) the identification number of the device; and (ii) the date on which the test was carried out; and (iii) the manner in which the device was sealed; and (e) the records referred to in paragraph (d) are signed by the testing officer who sealed the device. 604. Use of laser devices For the purposes of section 88 of the Act, a prescribed measuring device is used in the prescribed manner if— (a) whenever the operator connects the device to a source of electricity, the operator ensures that all elements of the speed display are illuminated; and (b) the operator activates the device with the device aimed in the direction of a vessel within the operator's field of vision and observes the reading displayed on the digital speed display; and r. 604 Part 6—Prescribed Measuring Devices Marine Regulations 1999 S.R. No. 145/1999 59 (c) the device has been tested in accordance with regulation 602 within 12 months before the occasion of its use; and (d) the device has been sealed in accordance with regulation 603. r. 604 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 60 PART 7—OPERATOR LICENCES AND PERSONAL WATERCRAFT ENDORSEMENTS Division 1—General provisions relating to operator licences 700. Eligibility to apply for an operator licence The following persons are not eligible to apply for an operator licence— (a) a person who is disqualified from operating a regulated recreational vessel under the law of Victoria; (b) a person who is the holder of an operator licence that has been suspended, during the period of that suspension; (c) a person who is disqualified from operating a recreational vessel— (i) under the law of another State or a Territory of the Commonwealth; or (ii) under the law of another country— in circumstances which, if they occurred in Victoria, would have resulted in the person being disqualified from operating a regulated recreational vessel in Victoria; (d) a person who is the holder of a licence or other authority to operate a recreational vessel issued by another State or a Territory of the Commonwealth or another country that has been suspended, during the period of that suspension. Pt 7 (Heading and regs 700–702) substituted by S.R. No. 127/2001 reg. 12. Reg. 700 substituted by S.R. No. 127/2001 reg. 12. r. 700 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 61 701. Requirements for applying for an operator licence (1) An applicant for the issue of an operator licence must give the Director an application in writing that contains or is accompanied by— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and (b) evidence to verify those personal details; and (c) evidence that the applicant has passed any test the Director has required the applicant to undergo under Part 10A of the Act; and (d) the fee prescribed in Part 8. (2) The Director may require an applicant for the issue of an operator licence— (a) to have his or her photograph or digitised image made or to provide a photograph or digitised image in a form approved by the Director; and Reg. 701 substituted by S.R. No. 127/2001 reg. 12. Reg. 701(1) amended by S.R. No. 8/2002 reg. 5(1). r. 701 Reg. 701(1)(c) amended by S.R. No. 8/2002 reg. 5(1). Reg. 701(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 701(2)(a) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 62 (b) to provide a specimen signature; and (c) in the case of a person who has been disqualified from operating a recreational vessel in another State or a Territory of the Commonwealth, after being convicted of an offence involving alcohol or other drugs, to provide evidence that the applicant has complied with any requirements of the law of that State or Territory relating to the assessment of drivers convicted of offences involving alcohol or other drugs. 702. Licence holder may surrender operator licence (1) The holder of an operator licence may, by notice in writing to the Director, surrender his or her operator licence to the Director for cancellation. (2) A notice under sub-regulation (1) must be accompanied by the operator licence document. (3) The holder of an operator licence may surrender his or her operator licence to the relevant authority in another State or a Territory of the Commonwealth or another country for cancellation. (4) The Director must cancel an operator licence if the holder of the licence surrenders his or her operator licence under sub-regulation (1) or (3). Reg. 702 substituted by S.R. No. 127/2001 reg. 12. Reg. 702(1) amended by S.R. No. 8/2002 reg. 5(1). r. 702 Reg. 702(4) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 63 703. Refusal to issue operator licence (1) The Director may refuse an application for the issue of an operator licence if the Director is satisfied that— (a) the applicant has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or (b) the applicant has refused to undergo, or has failed, any test the Director has required the applicant to undergo under Part 10A of the Act; or (c) in the case of an applicant who has been disqualified from operating a recreational vessel in another State or a Territory of the Commonwealth, after being convicted of an offence involving alcohol or other drugs, the applicant has failed to provide evidence that he or she has complied with any requirements of the law of that State or Territory relating to the assessment of drivers convicted of offences involving alcohol or other drugs. (2) If, under sub-regulation (1), the Director decides to refuse an application to issue an operator licence, the Director must notify the applicant of that decision. (3) A notice under sub-regulation (2) must be in writing and must set out the reasons for the refusal. Reg. 703 inserted by S.R. No. 127/2001 reg. 12. Reg. 703(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 703(1)(b) amended by S.R. No. 8/2002 reg. 5(1). r. 703 Reg. 703(2) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 64 704. Operator licence period (1) An operator licence remains in force for the period determined by the Director which must be either for the period of 1 year, 3 years or 5 years. (2) The Director may have regard to the period applied for by the applicant in making a determination under sub-regulation (1). 705. Operator licence expiry date (1) An operator licence expires at the end of the day that is recorded in the records maintained by the Director as the end of the term specified in that operator licence. (2) A personal watercraft endorsement on an operator licence expires on the same date as that of the operator licence of which it is a part expires. (3) In any proceedings for a contravention of the Act or regulations made under the Act, the record, that is kept by the Director, of the expiry date of a licence is admissible in evidence, and in the absence of evidence to the contrary, is proof that the licence expires on the day so recorded. 706. Operator licence conditions (1) A condition to which an operator licence is subject may be shown on the operator licence by means of a code. Reg. 704 inserted by S.R. No. 127/2001 reg. 12. Reg. 704(1) amended by S.R. No. 8/2002 reg. 5(1). r. 704 Reg. 704(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 705 inserted by S.R. No. 127/2001 reg. 12. Reg. 705(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 705(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 706 inserted by S.R. No. 127/2001 reg. 12. Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 65 (2) If a condition is shown by a code, the operator licence document must bear a note to the effect that the condition can be found out by inquiry of the Director. (3) The holder of an operator licence that is subject to conditions must carry, while operating a regulated recreational vessel, a notice issued by the Director containing a full explanation of those conditions, if required by the Director to do so. Penalty: 1 penalty unit. (4) If the code shown in column 1 of Table 706 is specified in a licence document it must be taken to indicate that the licence is subject to the condition set out opposite that code in column 2 of that Table. Table 706 Column 1 Condition code Column 2 Licence condition S That the operator licence holder must wear corrective lenses at all times while operating a regulated recreational vessel or personal watercraft. V That the operator licence holder must operate only a regulated recreational vessel that is fitted with specified operator aids or modified as directed in writing by the Director. X That the operator licence holder must comply with any condition of which he or she has been notified in writing by the Director. Reg. 706(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 706(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 706(4) amended by S.R. No. 8/2002 reg. 5(1). r. 706 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 66 707. Notice of renewal of operator licence (1) In this regulation "notice of renewal of an operator licence" means a notice addressed to the holder of the operator licence that states that, if the operator licence is not renewed on or before a date specified in the notice, the operator licence will expire, or a notice that is in or to that effect. (2) If the Director fails to send a notice of renewal of an operator licence or if the notice is not received by the holder of the operator licence, that failure or non-receipt does not affect— (a) the expiry date of the operator licence; or (b) the obligation of the holder of the operator licence to renew the licence if he or she intends to operate a regulated recreational vessel after the expiry of his or her existing operator licence. 708. Renewal of operator licence A person may apply to the Director to renew his or her operator licence at any time before, or within 6 months after, the expiry date of the operator licence by giving the Director an application for renewal of the operator licence in the form approved by the Director that contains or is accompanied by— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; Reg. 707 inserted by S.R. No. 127/2001 reg. 12. r. 707 Reg. 707(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 708 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 67 (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and (b) evidence to verify those personal details; and (c) the fee prescribed in Part 8. 709. Refusal to renew (1) The Director must refuse an application to renew an operator licence if the applicant— (a) has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or (b) has refused to undergo, or has failed any test the Director has required the applicant to undergo under Part 10A of the Act. (2) If, under sub-regulation (1), the Director decides to refuse an application to renew an operator licence, the Director must notify the applicant of that decision. (3) A notice under sub-regulation (2) must be in writing and must set out the reasons for the refusal. 710. Date of expiry of renewed operator licence (1) The date on which a renewed operator licence expires is to be calculated from the expiry date of the operator licence being renewed. (2) Sub-regulation (1) does not have the effect of retrospectively renewing the operator licence. Reg. 709 inserted by S.R. No. 127/2001 reg. 12. Reg. 709(1) amended by S.R. No. 8/2002 reg. 5(1). r. 709 Reg. 709(1)(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 709(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 710 inserted by S.R. No. 127/2001 reg. 12. Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 68 711. Re-issue of operator licence A person may apply to the Director to have his or her operator licence re-issued at any time, more than 6 months but before 5 years, after the expiry date of the operator licence by giving the Director an application for re-issue of the operator licence in the form approved by the Director that contains or is accompanied by— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and (b) evidence to verify those personal details; and (c) the fee prescribed in Part 8. 712. Refusal to re-issue operator licence (1) The Director must refuse an application to re-issue an operator licence if the applicant— (a) has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or Reg. 711 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 5(1). Reg. 712 inserted by S.R. No. 127/2001 reg. 12. r. 711 Reg. 712(1) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 69 (b) has refused to undergo, or has failed any test the Director has required the applicant to undergo under Part 10A of the Act. (2) If, under sub-regulation (1), the Director decides to refuse an application to re-issue an operator licence, the Director must notify the applicant of that decision. (3) A notice under sub-regulation (2) must be in writing and must set out the reasons for the refusal. 713. Date of expiry of re-issued operator licence (1) The date on which a re-issued operator licence expires is to be calculated from the date on which the operator licence is re-issued. (2) Sub-regulation (1) does not have the effect of retrospectively re-issuing the operator licence. 714. Application for variation of operator licence An applicant for the variation of an operator licence must give the Director an application in writing that contains or is accompanied by— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and Reg. 712(1)(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 712(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 713 inserted by S.R. No. 127/2001 reg. 12. r. 713 Reg. 714 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 70 (b) evidence to verify those personal details; and (c) details of the requested variation. 715. Refusal to vary operator licence (1) The Director may refuse an application for the variation of an operator licence if the Director is satisfied that the applicant— (a) has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or (b) has refused to undergo, or has failed, any test the Director has required the applicant to undergo under Part 10A of the Act. (2) If, under sub-regulation (1), the Director decides to refuse an application to vary an operator licence, the Director must notify the applicant of that decision. (3) A notice under sub-regulation (2) must be in writing and must set out the reasons for the refusal. 716. Conditions on restricted operator licence (1) In addition to any conditions specified in the licence, a restricted operator licence is subject to the conditions specified in sub-regulations (2) and (3). (2) The holder of the restricted operator licence must not operate a regulated recreational vessel at a speed— Reg. 715 inserted by S.R. No. 127/2001 reg. 12. Reg. 715(1) amended by S.R. No. 8/2002 reg. 5(1). r. 715 Reg. 715(1)(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 715(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 716 inserted by S.R. No. 127/2001 reg. 12. Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 71 (a) of 10 knots or more in any one of the following circumstances— (i) if there is not in the vessel a person who is at least 16 years old and who is the holder of an operator licence of a class appropriate for that vessel; (ii) before sunrise; (iii) after sunset; (b) of more than 20 knots in any other case. (3) The holder of a restricted operator licence must not operate a regulated recreational vessel if the vessel is towing a person, another vessel or an object. 717. Operator licence receipt (1) The Director may issue an operator licence receipt as an interim measure prior to the issue of an operator licence document in the form required by regulation 718. (2) An operator licence receipt must be in the form of the operator licence document required by regulation 718 except for the photograph or digitised image of the person. (3) An operator licence receipt issued under sub regulation (1) may be produced as evidence of the grant of an operator licence for three months from the date the operator licence receipt was issued. 718. Form of operator licence document An operator licence document must show details of the following— (a) an identification number for the person to whom it is issued; and Reg. 717 inserted by S.R. No. 127/2001 reg. 12. Reg. 717(1) amended by S.R. No. 8/2002 reg. 5(1). r. 717 Reg. 718 inserted by S.R. No. 127/2001 reg. 12. Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 72 (b) the first name, second and third initials (if any) and family name of the person; and (c) a photograph or digitised image of the person; and (d) the person's residential address; and (e) the person's date of birth; and (f) the person's signature (or a reproduction of that signature); and (g) the expiry date of the licence; and (h) the code for any condition to which the licence is subject in accordance with regulation 706; and (i) if the licence has a personal watercraft endorsement, the code "PWC". 719. Issue of replacement operator licence document (1) The Director may, upon payment by the holder of an operator licence of the fee prescribed in Part 8, issue a replacement operator licence document to replace one which has been stolen, lost, damaged, destroyed, mislaid, mutilated or rendered illegible in any way. (2) The holder of an operator licence who applies for a replacement operator licence document must provide to the Director— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; r. 719 Reg. 719 inserted by S.R. No. 127/2001 reg. 12. Reg. 719(1) amended by S.R. No. 8/2002 reg. 5(1). Reg. 719(2) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 73 (iv) the applicant's residential address; (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and (b) evidence to verify those personal details. 720. Records (1) The Director must maintain records in respect of each operator licence which include details of the following— (a) the identification number allocated to the person to whom the operator licence was issued; and (b) the person's family name, first name and any second and third initial; and (c) the person's gender and date of birth; and (d) the person's residential address and address for service of notices (if any); and (e) the commencement and expiry dates of the operator licence; and (f) any condition to which the operator licence is subject; and (g) whether the licence has a personal watercraft endorsement. (2) Any person whose name appears in records referred to in sub-regulation (1) is entitled, on payment of the fee prescribed in Part 8, to request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to him or her. Reg. 720 inserted by S.R. No. 127/2001 reg. 12. Reg. 720(1) amended by S.R. No. 8/2002 reg. 5(1). r. 720 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 74 721. Change of name, address or condition (1) The holder of an operator licence must notify the Director, not more than 14 days after the change, about any change in his or her— (a) name; or (b) residential address; or (c) postal address or address for service of notices. Penalty: 1 penalty unit. (2) Unless required by the Director, the advice from the person referred to in sub-regulation (1) need not be in writing. (3) The holder of an operator licence must, as soon as practicable, notify the Director of any permanent or long term injury or illness that may impair his or her ability to operate a regulated recreational vessel safely. Penalty: 1 penalty unit. Division 2—Variation, cancellation and suspension of operator licences 722. Variation, suspension or cancellation of operator licence (1) The Director may— (a) vary an operator licence; or (b) vary the conditions on an operator licence; or Reg. 721 inserted by S.R. No. 127/2001 reg. 12. Reg. 721(1) amended by S.R. No. 8/2002 reg. 5(1). r. 721 Reg. 721(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 721(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 722 inserted by S.R. No. 127/2001 reg. 12. Reg. 722(1) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 75 (c) suspend an operator licence; or (d) cancel an operator licence— if it appears to the Director that— (e) the holder of the licence has refused to undergo, or has failed, any test the Director has required the person to undergo under Part 10A of the Act; or (f) it would be dangerous for the holder of the licence to operate a regulated recreational vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or (g) the holder of the licence has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or (h) a court order requires the holder of the licence to pay a sum of money by way of a fine, penalty, costs or restitution or any two of those things and— (i) the order was made in respect of an offence arising out of the use of a regulated recreational vessel in Victoria, including a marine infringement; and (ii) a person authorised by law to issue or to execute a warrant for the enforcement of the court order notifies the Director that the Order is wholly or partially unsatisfied; or (i) the holder of the licence is not, under regulation 700, eligible to apply for an operator licence; or Reg. 722(1)(e) amended by S.R. No. 8/2002 reg. 5(1). r. 722 Reg. 722(1)(h)(ii) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 76 (j) the operator licence was issued in error; or (k) a cheque submitted to the Director as payment of a fee under these Regulations has been dishonoured; or (l) the holder of the licence has been convicted in another State or a Territory of the Commonwealth or another country of an offence which, if the person had been the holder of a licence or other authority in that State, Territory or country would have enabled the relevant authority in that State, Territory or country to suspend or cancel the person's licence or other authority; or (m) the holder of the licence has failed to comply with a condition of the operator licence. (2) The Director must suspend or cancel an operator licence if the holder of the licence is disqualified from operating a general recreational vessel in another State or a Territory of the Commonwealth or another country or the person's licence in that State, Territory or country has been cancelled because of a judgement, order or decision made under, or otherwise by operation of, the law of that State, Territory or country. (3) The Director may vary an operator licence to correct any error or omission in it and issue a replacement operator licence document. Reg. 722(1)(k) amended by S.R. No. 8/2002 reg. 5(1). r. 722 Reg. 722(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 722(3) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 77 723. Procedures for variation, cancellation or suspension of operator licence (1) If, under regulation 722(1), the Director decides to— (a) vary an operator licence; or (b) vary the conditions on an operator licence; or (c) suspend an operator licence; or (d) cancel an operator licence— the Director must notify the holder of the licence of that decision, and that decision must not take effect until at least 28 days after the notice is given. (2) A notice under sub-section (1) must be in writing and must set out— (a) the reasons for the variation, suspension or cancellation; and (b) the effect of the variation, suspension or cancellation; and (c) the date of the variation, suspension or cancellation; and (d) the action that may be taken by the holder of the licence in order to avoid the variation, suspension or cancellation; and (e) the date by which the holder of the licence must take that action. (3) An operator licence is varied, suspended or cancelled in accordance with the terms of a notice given under sub-regulation (1) on the date specified in the notice unless the Director, by further notice in writing, withdraws the notice. Reg. 723 inserted by S.R. No. 127/2001 reg. 12. Reg. 723(1) amended by S.R. No. 8/2002 reg. 5(1). r. 723 Reg. 723(3) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 78 (4) This regulation does not apply to the suspension of an operator licence under section 119(2) of the Act. (5) If an operator licence is varied, suspended or cancelled— (a) by the Director under section 119 of the Act; or (b) by a court— the holder of that licence must, upon being given a notice of the variation, suspension or cancellation— (c) give the operator licence immediately to the person who gave the notice; or (d) send or take the operator licence to the place specified in the notice within the period specified in the notice. Penalty: 5 penalty units. (6) If, under section 119 of the Act, the Director has— (a) varied an operator licence; or (b) varied the conditions of an operator licence— the Director must, upon receiving the operator licence from the holder under sub-regulation (5), issue the holder with a replacement operator licence document. r. 723 Reg. 723(5)(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 723(6) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 79 724. Suspension of operator licence for purposes of section 119(2) of the Act (1) The Director must not suspend an operator licence for the reasons specified in regulation 722(1)(e) unless the Director notifies the holder of the licence, in writing, that the Director has decided to suspend the operator licence and sets out in the notice— (a) the reasons for the suspension; and (b) the effect of the suspension and the date on which the suspension takes effect; and (c) the date by which the holder must return the operator licence to the Director. (2) An operator licence is suspended in accordance with the terms of a notice given under sub regulation (1) on the date specified in the notice unless the Director, by further notice in writing, withdraws the notice. (3) If an operator licence is suspended by the Director under section 119(2) of the Act the holder of the licence must, upon being given a notice of suspension under sub-regulation (1)— (a) give the operator licence immediately to the person who gave the notice; or (b) send or take the operator licence to the place specified in the notice within the period specified in the notice. Penalty: 5 penalty units. Reg. 724 inserted by S.R. No. 127/2001 reg. 12. Reg. 724(1) amended by S.R. No. 8/2002 reg. 5(1). r. 724 Reg. 724(1)(c) amended by S.R. No. 8/2002 reg. 5(1). Reg. 724(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 724(3) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 80 725. Prescribed time for suspension of operator licence For the purposes of section 119(1)(c) of the Act, the prescribed time for which an operator licence may be suspended is any period up to 12 months as determined by the Director. Division 3—Exemptions from requirement to hold operator licence 726. Exemptions applying to licences issued outside Victoria (1) A person who— (a) has a licence, certificate or other authority issued in another State or a Territory of the Commonwealth and who was ordinarily resident in the issuing State or Territory at the time of issue; or (b) has an appropriate licence or other authority issued in another country and written in the English language or accompanied by an accurate English translation and who was ordinarily resident in that country at the time of issue— that authorises him or her to operate a regulated recreational vessel, is exempted from the requirement to hold an operator licence of the class that authorises the person to operate that class of regulated recreational vessel. (2) A person is not exempt or ceases to be exempt under sub-regulation (1) in any of the following circumstances— (a) if the holder of the licence, certificate or other authority issued in another State or a Territory of the Commonwealth has resided Reg. 725 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 5(1). r. 725 Reg. 726 inserted by S.R. No. 127/2001 reg. 12. Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 81 in Victoria for a continuous period of more than 3 months; or (b) if the holder of the licence or other authority issued in another country has a permanent visa issued by the Commonwealth for more than 3 months; or (c) if the person is disqualified from operating a recreational vessel in another State or a Territory of the Commonwealth or another country or has his or her licence suspended; or (d) if, in the reasonable opinion of the Director, it would be dangerous for the person to operate a regulated recreational vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things. (3) If the Director forms an opinion on the matters set out in sub-regulation (2)(d) the Director must give the person notice in writing of the following— (a) that he or she is no longer exempt from the requirement to hold an operator licence; (b) that he or she must not operate a regulated recreational vessel on State waters; (c) the reasons why that person is no longer exempt; (d) any action that may be taken by the person in order to regain the exemption; (e) the date by which the person must take that action. r. 726 Reg. 726(2)(d) amended by S.R. No. 8/2002 reg. 5(1). Reg. 726(3) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 82 727. Exemption from licensing requirements (1) A person who is the operator of a general recreational vessel that is— (a) engaged solely in sailing; and (b) is not using any mechanical means of propulsion— is exempt from the requirement to hold an operator licence under Part 10A of the Act while so operating that vessel. (2) A person who is over the age of 16 years and under the age of 21 years who is operating a specialised hire and drive vessel is exempt from the requirement to hold an operator licence under Part 10A of the Act while so operating that vessel until 3 December 2002. 728. Exemption from licensing requirements for persons undergoing training A person who— (a) is operating a regulated recreational vessel as part of a training course approved by the Director for the purposes of obtaining an operator licence; and (b) is accompanied in the vessel by a person who is approved by the Director to conduct training courses for the purposes of obtaining an operator licence— is exempt from the requirement to obtain an operator licence under Part 10A of the Act while so operating that vessel. Reg. 727 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 7(1)–(3) (ILA s. 39B(2)). r. 727 Reg. 727(2) inserted by S.R. No. 8/2002 reg. 7(3). Reg. 728 inserted by S.R. No. 127/2001 reg. 12. Reg. 728(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 728(b) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 83 Division 4—General provisions relating to personal watercraft endorsements 729. Requirements for applying for personal watercraft endorsement An applicant for the making of a personal watercraft endorsement must give the Director an application in writing that contains or is accompanied by— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and (b) evidence to verify those personal details; and (c) evidence that the applicant has passed any test the Director has required the applicant to undergo under Part 10A of the Act; and (d) the applicant's current operator licence; and (e) the fee prescribed in Part 8. Reg. 729 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 5(1). r. 729 Reg. 729(c) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 84 730. Refusal to make personal watercraft endorsement (1) The Director may refuse an application for the making of a personal watercraft endorsement if the Director is satisfied that— (a) the applicant has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of personal watercraft; or (b) the applicant has refused to undergo, or has failed, any test the Director has required the applicant to undergo under Part 10A of the Act; or (c) in the case of an applicant who has been disqualified from operating a recreational vessel in another State or a Territory of the Commonwealth, after being convicted of an offence involving alcohol or other drugs, the applicant has failed to provide evidence that he or she has complied with any requirements of the law of that State or Territory relating to the assessment of drivers convicted of offences involving alcohol or other drugs. (2) If, under sub-regulation (1), the Director decides to refuse an application to make a personal watercraft endorsement on an operator licence, the Director must notify the applicant of that decision. (3) A notice under sub-regulation (2) must be in writing and must set out the reasons for the refusal. Reg. 730 inserted by S.R. No. 127/2001 reg. 12. Reg. 730(1) amended by S.R. No. 8/2002 reg. 5(1). r. 730 Reg. 730(1)(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 730(2) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 85 731. Operator licence receipt with personal watercraft endorsement (1) The Director may issue an operator licence receipt with a personal watercraft endorsement as an interim measure prior to the issue of an endorsed operator licence document in the form required by regulation 718. (2) An operator licence receipt with a personal watercraft endorsement must be in the form of the operator licence document required by regulation 718 except for the photograph or digitised image of the person. (3) An operator licence receipt with a personal watercraft endorsement issued under sub regulation (1) may be produced as evidence of the grant of an operator licence as so endorsed for three months from the date the operator licence receipt was issued. Division 5—Variation or revocation of personal watercraft endorsement 732. Operator licence holder may request revocation of personal watercraft endorsement (1) The holder of an operator licence with a personal watercraft endorsement may, in writing, request the Director to revoke the personal watercraft endorsement on the licence. (2) A request under sub-regulation (1) must be accompanied by the operator licence document. Reg. 731 inserted by S.R. No. 127/2001 reg. 12. Reg. 731(1) amended by S.R. No. 8/2002 reg. 5(1). r. 731 Reg. 732 inserted by S.R. No. 127/2001 reg. 12. Reg. 732(1) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 86 (3) The Director must revoke a personal watercraft endorsement on an operator licence if requested to do so by the holder of the licence under sub regulation (1). (4) If the Director has revoked the personal watercraft endorsement in accordance with a request under sub-regulation (1), the Director must issue a replacement operator licence document without a personal watercraft endorsement. 733. Application for variation of personal watercraft endorsement An applicant for the variation of a personal watercraft endorsement must give the Director an application in writing that contains or is accompanied by— (a) the following personal details— (i) the first name, second and third initials (if any) and family name of the applicant; (ii) the applicant's gender; (iii) the applicant's date of birth; (iv) the applicant's residential address; (v) if there is no postal service to the applicant's residential address, the address for the service of notices; and (b) evidence to verify those personal details; and (c) details of the requested variation. Reg. 732(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 732(4) amended by S.R. No. 8/2002 reg. 5(1). Reg. 733 inserted by S.R. No. 127/2001 reg. 12, amended by S.R. No. 8/2002 reg. 5(1). r. 733 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 87 734. Refusal to vary personal watercraft endorsement (1) The Director may refuse an application for the variation of a personal watercraft endorsement if the Director is satisfied that the applicant— (a) has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of personal watercraft; or (b) has refused to undergo, or has failed, any test the Director has required the applicant to undergo under Part 10A of the Act. (2) If, under sub-regulation (1), the Director decides to refuse an application to vary a personal watercraft endorsement on an operator licence, the Director must notify the applicant of that decision. (3) A notice under sub-regulation (2) must be in writing and must set out the reasons for the refusal. 735. Variation or revocation of personal watercraft endorsement (1) The Director may— (a) vary a personal watercraft endorsement; or (b) vary the conditions of a personal watercraft endorsement; or (c) revoke a personal watercraft endorsement— on an operator licence if it appears to the Director that— Reg. 734 inserted by S.R. No. 127/2001 reg. 12. Reg. 734(1) amended by S.R. No. 8/2002 reg. 5(1). r. 734 Reg. 734(1)(b) amended by S.R. No. 8/2002 reg. 5(1). Reg. 734(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 735 inserted by S.R. No. 127/2001 reg. 12. Reg. 735(1) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 88 (d) the holder of the licence has refused to undergo, or has failed, any test the Director has required the person to undergo under Part 10A of the Act; or (e) it would be dangerous for the holder of the licence to operate a personal watercraft because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or (f) the holder of the licence has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of personal watercraft; or (g) a court order requires the holder of the licence to pay a sum of money by way of a fine, penalty, costs or restitution or any two of those things and— (i) the order was made in respect of an offence arising out of the use of a personal watercraft in Victoria, including a marine infringement; and (ii) a person authorised by law to issue or to execute a warrant for the enforcement of a court order notifies the Director that the Order is wholly or partially unsatisfied; or (h) the personal watercraft endorsement was made in error; or (i) a cheque submitted to the Director as payment of a fee under these Regulations has been dishonoured; or Reg. 735(1)(d) amended by S.R. No. 8/2002 reg. 5(1). Reg. 735(1)(g)(ii) amended by S.R. No. 8/2002 reg. 5(1). r. 735 Reg. 735(1)(i) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 89 (j) the holder of the licence has been convicted in another State or a Territory of the Commonwealth or another country of an offence which, if the person had been the holder of a licence or other authority in that State, Territory or country would have enabled the relevant authority in that State, Territory or country to suspend or cancel the person's licence or other authority. (2) The Director must revoke a personal watercraft endorsement on an operator licence if the holder of the licence is disqualified from operating a personal watercraft in another State or a Territory of the Commonwealth or the person's licence or other authority in that State or Territory has been cancelled because of a judgement, order or decision made under, or otherwise by operation of, the law of that State or Territory. 736. Procedures for variation or revocation of personal watercraft endorsement (1) If, under regulation 735(1), the Director decides to— (a) vary a personal watercraft endorsement; or (b) vary the conditions of a personal watercraft endorsement; or (c) revoke a personal watercraft endorsement— on an operator licence the Director must notify the holder of the licence of that decision, and that decision must not take effect until at least 28 days after the notice is given. (2) A notice under sub-regulation (1) must be in writing and must set out— (a) the reasons for the variation or revocation; and Reg. 735(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 736 inserted by S.R. No. 127/2001 reg. 12. Reg. 736(1) amended by S.R. No. 8/2002 reg. 5(1). r. 736 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 90 (b) the effect of the variation or revocation; and (c) the date of the variation or revocation; and (d) the action that may be taken by the holder of the licence in order to avoid the variation or revocation; and (e) the date by which the holder of the licence must take that action. (3) A personal watercraft endorsement on an operator licence is varied or revoked in accordance with the terms of a notice given under sub- regulation (1) on the date specified in the notice unless the Director, by further notice in writing, withdraws the notice. (4) If a personal watercraft endorsement on an operator licence is revoked or varied by the Director under section 119 of the Act, the holder of the licence must, upon being given a notice of variation or revocation— (a) give the endorsed operator licence immediately to the person who gave the notice; or (b) send or take the endorsed operator licence to the place specified in the notice within the period specified in the notice. Penalty: 5 penalty units. (5) The Director must, upon receiving the endorsed operator licence from the holder under sub regulation (4), issue the holder with a replacement operator licence document. Reg. 736(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 736(4) amended by S.R. No. 8/2002 reg. 5(1). r. 736 Reg. 736(5) amended by S.R. No. 8/2002 reg. 5(1). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 91 Division 6—Tests in relation to regulated recreational vessels 737. Tests (1) For the purposes of section 120 of the Act, a test described in Column 1 of Table 737 must be carried out by a person of the class described in Column 2 of the Table in relation to that test. (2) The Director must accept, for the purposes of section 120, a certificate of the results of a medical examination conducted in another State or a Territory of the Commonwealth if that examination is carried out by a person who is authorised to do so under this regulation. Table 737 Column 1 Test Column 2 Prescribed class Medical test. Registered medical practitioners. Tests related to eyesight. Registered medical practitioners, optometrists, occupational therapists, people authorised by the Director and officers of the Roads Corporation authorised in writing by the Director for the purpose. An evaluation of an operator's physical and cognitive abilities or skills to operate a regulated recreational vessel. Occupational therapists and persons authorised in writing by the Director to conduct tests of physical and cognitive abilities to operate a regulated recreational vessel. Reg. 737 inserted by S.R. No. 127/2001 reg. 12. Reg. 737(2) amended by S.R. No. 8/2002 reg. 5(1)(4)(a) (c). r. 737 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 92 Column 1 Test Column 2 Prescribed class Tests of knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels. Officers of the Roads Corporation and people authorised in writing by the Director. Division 7—Internal review procedures for operator licences and personal watercraft endorsements 738. Application for internal review (1) If the Director decides to— (a) refuse an application for an operator licence or an application to vary, renew or re-issue an operator licence; or (b) refuse an application for a personal watercraft endorsement on an operator licence or an application to vary, renew or re-issue such an endorsement; or (c) vary a condition on an operator licence or a personal watercraft endorsement under section 119 of the Act; or (d) suspend, vary or cancel an operator licence under section 119 of the Act; or Reg. 738 inserted by S.R. No. 127/2001 reg. 12. Reg. 738(1) amended by S.R. No. 8/2002 reg. 5(1)(5). r. 738 Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 93 (e) vary or revoke a personal watercraft endorsement on an operator licence under section 119 of the Act— the applicant or holder of the licence (as the case requires) may apply to the Director for an internal review of the Director's decision. (2) An application under sub-regulation (1) must be made within 28 days of the day on which the person is notified of the Director's decision under these Regulations. (3) The Director must notify each person who is entitled for a review of a decision under sub regulation (1) of his or her right to apply for such a review. (4) The Director must give the notice under sub regulation (3) within 14 days after the making of the decision. (5) A decision must not be reviewed by the person who made the decision. (6) After considering an application for review, the Director must— (a) affirm the decision; or (b) vary the decision; or (c) revoke the decision. (7) The Director must notify the person who applied for the review in writing of the Director's decision under sub-regulation (6) within 28 days after the day on which the application for internal review is received by the Director. (8) The making of an application for internal review of a decision does not stay the operation of the decision. Reg. 738(2) amended by S.R. No. 8/2002 reg. 5(5). Reg. 738(3) amended by S.R. No. 8/2002 reg. 5(1). Reg. 738(4) amended by S.R. No. 8/2002 reg. 5(1). Reg. 738(6) amended by S.R. No. 8/2002 reg. 5(1). r. 738 Reg. 738(7) amended by S.R. No. 8/2002 reg. 5(1)(6). Part 7—Operator Licences and Personal Watercraft Endorsements Marine Regulations 1999 S.R. No. 145/1999 94 739. Applicant entitled to be given reasons (1) If a person is entitled to apply for a review of a decision by the Director under regulation 738, the person may apply to the Director for written reasons for the decision. (2) The Director must, within 28 days of receiving an application under sub-regulation (1), provide to the person who made the application— (a) the decision of the Director and the reasons for that decision; and (b) the name or position of the person who made the decision. (3) A person is not entitled to make an application under sub-regulation (1) if the Director has already provided the person with written reasons for its decision. Reg. 739 inserted by S.R. No. 127/2001 reg. 12. Reg. 739(1) amended by S.R. No. 8/2002 reg. 5(1). r. 739 Reg. 739(2) amended by S.R. No. 8/2002 reg. 5(1). Reg. 739(2)(a) amended by S.R. No. 8/2002 reg. 5(1). Reg. 739(3) amended by S.R. No. 8/2002 reg. 5(1). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 95 PART 8—FEES Division 1—Survey of vessels and examination of plans 800. Existing vessel In this Division, "existing vessel" means— (a) a vessel which is currently in survey in Australia; or (b) a vessel which has previously been under survey in Australia. 801. Application fee for new vessel survey and plan approval A fee of 1⋅54 fee units must be paid to the Director for considering an application for— (a) a new vessel survey; (b) a vessel plan approval. Pt 8 (Heading and regs 800–829) amended by S.R. No. 13/2000 reg. 7(a)(b), substituted by S.R. No. 91/2001 reg. 4. Pt 8 Div. 1 (Heading and regs 800-811) substituted by S.R. No. 91/2001 reg. 4, amended by S.R. No. 8/2002 reg. 5(1)(7)(8), substituted by S.R. No. 143/2003 reg. 4. Reg. 800 substituted by S.R. No. 143/2003 reg. 4. r. 800 Reg. 801 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.1). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 96 802. Plan approval fees The fee which must be paid to the Director for approval of plans for a new vessel of a size specified in Column 2 of Table 802 is the amount calculated by multiplying the length of the vessel in metres by the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel. Table 802 Column 1 Item Column 2 Size of vessel Column 3 For all class 1 vessels. Fee per metre of the length of vessel Column 4 For all other classes of vessels. Fee per metre of the length of vessel 1. For new vessels of or not exceeding 7·5 metres in length 3⋅14 fee units 3⋅14 fee units 2. For new vessels exceeding 7·5 metres in length or of or not exceeding 20 metres in length 5⋅05 fee units 4⋅4 fee units 3. For new vessels exceeding 20 metres in length 6⋅64 fee units 5⋅65 fee units 803. Fees for new vessel survey by the Director The fee which must be paid to the Director for a survey of a new vessel of a size specified in Column 2 of Table 803 is the amount calculated by multiplying the length of the vessel in metres by the amount specified for that class of vessel in Reg. 802 substituted by S.R. No. 143/2003 reg. 4. r. 802 Reg. 802 Table amended by S.R. No. 88/2004 reg. 4(Sch. 1 items 27.2(a)– (c), 27.3(a)– (c)). Reg. 803 substituted by S.R. No. 143/2003 reg. 4. Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 97 Column 3 or 4 of the Table opposite that size of vessel. Table 803 Column 1 Item Column 2 Size of vessel Column 3 For all class 1 vessels. Fee per metre of the length of vessel Column 4 For all other classes of vessels. Fee per metre of the length of vessel 1. For new vessels of or not exceeding 7·5 metres in length 5⋅65 fee units 5⋅65 fee units 2. For new vessels exceeding 7·5 metres in length and less than 20 metres in length 5⋅05 fee units 4⋅4 fee units 3. For new vessels of or exceeding 20 metres in length 4⋅4 fee units 3⋅14 fee units 804. Fee for booking a survey for existing vessel A fee of 8⋅4 fee units must be paid to the Director at the time of booking a survey for an existing vessel for— (a) scheduling a surveyor authorised by the Director to attend at a particular time and location for the purposes of surveying the vessel; Reg. 803 Table amended by S.R. No. 88/2004 reg. 4(Sch. 1 items 27.4(a)– (c), 27.5(a)– (c)). Reg. 804 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.6). r. 804 Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 98 (b) preparing the relevant documents for the survey; and (c) the costs incurred for the authorised surveyor to travel to and from the vessel. 805. Fee for survey of existing vessels The fee which must be paid to the Director for the survey of an existing vessel of a size specified in Column 2 of Table 805 is the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel. Table 805 Column 1 Item Column 2 Size of vessel Column 3 Class 1 vessels Column 4 All other classes 1. For vessels of or not exceeding 5 metres in length 8⋅85 fee units 5⋅85 fee units 2. For vessels exceeding 5 metres in length or of or not exceeding 10 metres in length 19 fee units 12⋅65 fee units 3. For vessels exceeding 10 metres in length or of or not exceeding 20 metres in length 25⋅3 fee units 16⋅9 fee units 4. For vessels exceeding 20 metres in length or of or not exceeding 35 metres in length 38 fee units 25⋅3 fee units Reg. 805 substituted by S.R. No. 143/2003 reg. 4. r. 805 Reg. 805 Table 805 amended by S.R. No. 88/2004 reg. 4(Sch. 1 items 27.7(a)– (e), 27.8(a)– (e)). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 99 Column 1 Item Column 2 Size of vessel Column 3 Class 1 vessels Column 4 All other classes 5. For vessels exceeding 35 metres in length 57 fee units 38 fee units 806. Fee for additional visit for an existing vessel survey A fee of 8⋅4 fee units must be paid to the Director for each additional visit by a surveyor authorised by the Director that is required for the purposes of an existing vessel survey. 807. Fee for considering application for alteration to classification or specification of vessel A fee of 2⋅1 fee units must be paid to the Director for considering an application for an alteration to the classification or specification of a vessel. 808. Inspection fee for alteration to classification or specification of vessel A fee of 8⋅4 fee units must be paid to the Director for each inspection of a vessel for the purposes of altering the classification or specification of the vessel. 809. Fee for plan approval for alteration to classification or specification of vessel A fee of 6⋅3 fee units for each hour spent by a person authorised by the Director in approving a plan must be paid to the Director for an application for an alteration to the classification or specification of a vessel that requires a plan approval. Reg. 806 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.9). r. 806 Reg. 807 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.10). Reg. 808 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.11). Reg. 809 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.12). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 100 810. Fee for issue of certificate of survey A fee of 4⋅6 fee units must be paid to the Director for the issue of a certificate of survey. 811. Fee for issue of duplicate certificate of survey A fee of 4⋅6 fee units must be paid to the Director for the issue of a duplicate certificate of survey. Division 2—Certificates of competency and licences 812. Application fee for issue, variation or renewal of certificate of competency A fee of 1⋅54 fee units must be paid to the Director for considering an application for— (a) the issue of a certificate of competency; or (b) the variation of a certificate of competency; or (c) the renewal of a certificate of competency. Reg. 810 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch.1 item 27.13). Reg. 811 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.14). r. 810 Pt 8 Div. 2 (Heading and regs 812-826) substituted by S.R. No. 91/2001 reg. 4, amended by S.R. No. 8/2002 reg. 5(1)(9), substituted by S.R. No. 143/2003 reg. 4. Reg. 812 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.15). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 101 813. Fee for issue or renewal of certificates A fee of 4⋅6 fee units must be paid to the Director for the issue or renewal of— (a) a certificate of competency; or (b) a certificate of local knowledge. 814. Fee for variation of certificates A fee of 2⋅9 fee units must be paid to the Director for the variation of a certificate of competency. 815. Fee for issue of duplicate certificate A fee of 4⋅6 fee units must be paid to the Director for the issue of a duplicate of— (a) a certificate of competency; or (b) a certificate of local knowledge. 816. Examination fees for certificates (1) A fee of 3⋅34 fee units for each examination is payable by a person who sits a written examination conducted by or on behalf of the Director for— (a) the issue of a certificate of competency; or (b) the variation of a certificate of competency; or (c) the renewal of a certificate of competency; or (d) the issue of a certificate of local knowledge. Reg. 813 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.16). Reg. 814 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.17). Reg. 815 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.18). r. 813 Reg. 816 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.19). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 102 (2) A fee of 6⋅7 fee units for each examination is payable by a person who sits an oral examination conducted by the Director for— (a) the issue of a certificate of competency; or (b) the variation of a certificate of competency; or (c) the renewal of a certificate of competency; or (d) the issue of a certificate of local knowledge. 817. Fee for application for issue, variation or renewal of pilot licence A fee of 1⋅54 fee units must be paid to the Director for considering an application for— (a) the issue of a pilot licence; or (b) the variation of a pilot licence; or (c) the renewal of a pilot licence. 818. Fee for issue or renewal of pilot licence A fee of 4⋅6 fee units must be paid to the Director for the issue or renewal of a pilot licence. 819. Fee for variation of pilot licence A fee of 2⋅9 fee units must be paid to the Director for the variation of a pilot licence. Reg. 816(2) amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.20). Reg. 817 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.21). Reg. 818 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.22). r. 817 Reg. 819 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.23). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 103 820. Fee for duplicate of pilot licence A fee of 4⋅6 fee units must be paid to the Director for the issue of a duplicate of a pilot licence. 821. Examination fees for pilot licences A person who sits an examination for the issue, variation or renewal of a pilot licence for the ports and channels described in Column 2 of Table 821 must pay to the Director the amount specified in Column 3 of the Table opposite that port or channel. Table 821 Column 1 Item Column 2 Ports and Channels Column 3 Fee 1. Port Waters of Melbourne and Geelong, and Port of Portland, and Port of Hastings 105⋅5 fee units 2. Port Waters of Melbourne and Geelong, and Port of Portland 84⋅45 fee units 3. Port Waters of Melbourne and Geelong, and Port of Hastings 84⋅45 fee units 4. Port Waters of Melbourne and Geelong 63⋅3 fee units 5. Port Waters of Melbourne and Port of Hastings 63⋅3 fee units 6. Port Waters of Melbourne and Port of Portland 63⋅3 fee units 7. Port Waters of Geelong and Port of Hastings 42⋅2 fee units 8. Port Waters of Geelong and Port of Portland 42⋅2 fee units Reg. 820 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.24). r. 820 Reg. 821 substituted by S.R. No. 143/2003 reg. 4. Reg. 821 Table 821 amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.25(a)– (e)). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 104 Column 1 Item Column 2 Ports and Channels Column 3 Fee 9. Port of Hastings and Port of Portland 42⋅2 fee units 10. Port Waters of Melbourne (both channels) 42⋅2 fee units 11. Port Waters of Melbourne (one channel) 24⋅75 fee units 12. Port Waters of Geelong 24⋅75 fee units 13. Port of Hastings 24⋅75 fee units 14. Port of Portland 24⋅75 fee units 822. Fee for application for issue, variation or renewal of pilot exemption certificate A fee of 1⋅54 fee units must be paid to the Director for considering an application for— (a) the issue of a pilot exemption certificate; or (b) the variation of a pilot exemption certificate; or (c) the renewal of a pilot exemption certificate. 823. Fee for issue or renewal of pilot exemption certificate A fee of 4⋅6 fee units must be paid to the Director for the issue or renewal of a pilot exemption certificate. 824. Fee for variation of pilot exemption certificate A fee of 2⋅9 fee units must be paid to the Director for the variation of a pilot exemption certificate. Reg. 822 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.26). r. 822 Reg. 823 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.27). Reg. 824 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.28). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 105 825. Fee for duplicate of pilot exemption certificate A fee of 4⋅6 fee units must be paid to the Director for the issue of a duplicate of a pilot exemption certificate. 826. Fee for conduct of examination by the Director for issue, variation or renewal of pilot exemption certificate A person who sits an examination for the issue, variation or renewal of a pilot exemption certificate for the ports and channels described in Column 2 of Table 826 must pay to the Director the amount specified in Column 3 of the Table opposite that port or channel. Table 826 Column 1 Item Column 2 Ports and Channels Column 3 Fee 1. Port Waters of Melbourne and Geelong, Port of Portland and Port of Hastings 105⋅5 fee units 2. Port Waters of Melbourne and Geelong and Port of Portland 84⋅45 fee units 3. Port Waters of Melbourne and Geelong and Port of Hastings 84⋅45 fee units 4. Port Waters of Melbourne and Geelong 63⋅3 fee units 5. Port Waters of Melbourne and Port of Hastings 63⋅3 fee units 6. Port Waters of Melbourne and Port of Portland 63⋅3 fee units 7. Port Waters of Geelong and Port of Hastings 42⋅2 fee units Reg. 825 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.29). r. 825 Reg. 826 substituted by S.R. No. 143/2003 reg. 4. Reg. 826 Table 826 amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.30 (a)–(e)). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 106 Column 1 Item Column 2 Ports and Channels Column 3 Fee 8. Port Waters of Geelong and Port of Portland 42⋅2 fee units 9. Port of Hastings and Port of Portland 42⋅2 fee units 10. Port Waters of Melbourne (both channels) 42⋅2 fee units 11. Port Waters of Melbourne (one channel) 24⋅75 fee units 12. Port Waters of Geelong 24⋅75 fee units 13. Port of Hastings 24⋅75 fee units 14. Port of Portland 24⋅75 fee units Division 3—Boating facilities and safety education fee 827. Fees for boating facilities and safety education The fee which must be paid to the Director for boating facilities and safety education for a vessel of a type specified in Column 2 of Table 827 is the amount specified in Column 3 of the Table opposite that type of vessel. Pt 8 Div. 3 (Heading and regs 827-829) substituted by S.R. No. 91/2001 reg. 4, amended by S.R. No. 8/2002 reg. 5(1), substituted by S.R. No. 143/2003 reg. 4. Reg. 827 substituted by S.R. No. 143/2003 reg. 4. r. 827 Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 107 Table 827 Column 1 Item Column 2 Type of vessel Column 3 Fee 1. For a recreational vessel up to and including 4·0 metres in length powered with an engine 2⋅9 fee units per annum 2. For a recreational vessel over 4·0 metres in length powered with an engine 6⋅05 fee units per annum 828. Fees for marks and plates for manufacturers and dealers (1) The fee which must be paid to the Director for the issue of a special identification mark is 6⋅05 fee units. (2) The fee which must be paid to the Director for the issue of a special identification plate is 1⋅28 fee units. 829. Transfer fee on second-hand recreational vessel A fee of 1⋅28 fee units must be paid to the Director for the transfer of a registered second hand powered recreational vessel. Reg. 827 Table 827 amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.31(a)( b)). Reg. 828 substituted by S.R. No. 143/2003 reg. 4. Reg. 828(1) amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.32). r. 828 Reg. 828(2) amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.33). Reg. 829 substituted by S.R. No. 143/2003 reg. 4, amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.34). Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 108 Division 4—Operator licences and personal watercraft endorsements 830. Fee for operator licence and personal watercraft endorsement The fee which must be paid to the Director for the issue, renewal or re-issue of an operator licence or the making of a personal watercraft endorsement of a class specified in column 2 of Table 830 is the amount set out in column 3 of the Table opposite that class of licence or endorsement. Table 830 Item Class of licence or endorsement Fee 1 General operator licence 2⋅5 fee units per annum 2 Restricted operator licence 1⋅25 fee units per annum 3 Personal watercraft endorsement on a general operator licence $5.00 per annum 4 Personal watercraft endorsement on restricted operator licence $2.50 per annum 831. Fee for replacement operator licence The fee which must be paid to the Director for the issue of a replacement operator licence under regulation 719 is $16.00. Pt 8 Div. 4 (Heading and regs 830–834) inserted by S.R. No. 127/2001 reg. 13. Reg. 830 inserted by S.R. No. 127/2001 reg. 13, amended by S.R. No. 8/2002 reg. 5(1). Reg. 830 Table 830 amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 27.35(a) (b)). Reg. 831 inserted by S.R. No. 127/2001 reg. 13, amended by S.R. No. 8/2002 reg. 5(1). r. 830 Part 8—Fees Marine Regulations 1999 S.R. No. 145/1999 109 832. Fee for search of records of operator licences The fee which must be paid to the Director for a search of the Director's records and a certificate as to any matter appearing in those records under regulation 720 is $6.50. 833. Refund of fee If the Director cancels a person's operator licence that has been issued by the Director for a period of 3 years or 5 years whether— (a) upon receiving a notification from the person under regulation 702 to surrender the operator licence; or (b) under regulation 722— the Director may refund part of the fee for the issue of the operator licence, calculated in accordance with the formula— C B A 100 89 ×× where— A is the unexpired number of months of duration of the operator licence; and B is the total number of months for which the operator licence was granted; and C is the amount paid for the operator licence. 834. Operator licence knowledge test fee The fee which must be paid to the Director for a person to sit a test the person is required by the Director to undergo under Part 10A of the Act is $20.00. Reg. 832 inserted by S.R. No. 127/2001 reg. 13, amended by S.R. No. 8/2002 reg. 5(1)(5). Reg. 833 inserted by S.R. No. 127/2001 reg. 13, amended by S.R. No. 8/2002 reg. 5(1). Reg. 834 inserted by S.R. No. 127/2001 reg. 13, amended by S.R. No. 8/2002 reg. 5(1). r. 832 Part 9—Marine Infringement Notices Marine Regulations 1999 S.R. No. 145/1999 110 PART 9—MARINE INFRINGEMENT NOTICES 900. Prescribed offences (1) For the purposes of Part 7 of the Act, the prescribed kinds of offences are the offences described in Column 2 of the Table in Schedule 13 that are offences against the provisions referred to in column 3 of that Table. (2) For the purposes of section 60(5) of the Act, the penalty prescribed for a prescribed offence is the amount specified in Column 4 of the Table in Schedule 13 that is shown opposite the prescribed offence. (3) A description of a prescribed offence in Column 2 of the Table in Schedule 13 is for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which the description refers or the operation of these Regulations. 901. Service of marine infringement notice A marine infringement notice may be served— (a) by personally serving the notice on the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. 902. Form of marine infringement notice For the purposes of section 60(2) of the Act, the prescribed form for a marine infringement notice is the form in Schedule 14. r. 900 Part 9—Marine Infringement Notices Marine Regulations 1999 S.R. No. 145/1999 111 903. Payment of penalty For the purposes of section 61(3) or 61BA(6) of the Act, payment of a penalty may be made by posting or delivering the amount of the penalty to the address specified in the marine infringement notice as the address for payment of the penalty. 904. Service of notice of withdrawal A notice of withdrawal of a marine infringement notice may be served— (a) by personally serving the notice on the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. 905. Form of notice of withdrawal For the purposes of section 60(3) of the Act, the prescribed form of a notice of withdrawal of a marine infringement notice is the form in Schedule 15. 906. Proof of prior convictions or findings of guilt For the purposes of section 62(1) of the Act, the prescribed form for setting out particulars of alleged prior convictions or findings of guilt is the form in Schedule 16. Reg. 903 substituted by S.R. No. 127/2001 reg. 14. r. 903 Part 10—Savings and Transitionals Marine Regulations 1999 S.R. No. 145/1999 112 PART 10—SAVINGS AND TRANSITIONALS 1000. Definitions In this Part, "old regulations" means the Marine (Vessels) Regulations 19891 as in force immediately before the commencement of these Regulations. 1001. Previously issued certificates A certificate that was issued by the Board under regulation 401, 402, 403 or 502 of the old regulations, and that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 300, 301 or 315 of these Regulations (as the case requires). 1002. Previously issued licences A licence that was issued by the Board under regulation 500 of the old regulations, and that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 312 of these Regulations. 1003. Previously issued pilot exemption A certificate of exemption that was issued by the Board under regulation 501 of the old regulations, and that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 312 of these Regulations. r. 1000 Part 10—Savings and Transitionals Marine Regulations 1999 S.R. No. 145/1999 113 1004. Previous registration of a vessel A registration of a vessel by the Board under regulation 200 of the old regulations that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to be registered under Part 4 of these Regulations. 1005. Previous special identification plates and marks (1) A special identification mark issued by the Board to a manufacturer or dealer of recreational vessels under regulation 200B of the old regulations that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 407 of these Regulations. (2) A special identification plate issued by the Board to a manufacturer or dealer of recreational vessels under regulation 200B of the old regulations that is in force immediately before the commencement of these Regulations, remains in force despite the commencement of these Regulations for the rest of its duration and for all other purposes is deemed to have been issued under regulation 407 of these Regulations. 1006. Infringement notices issued under 1988 regulations (1) If a marine infringement is committed before the commencement of these Regulations against the Marine (Procedures) Regulations 19892— (a) in the case of a marine infringement under Part 3 of the Marine (Procedures) Regulations 1989 that has not been re enacted under Schedule 13 to these r. 1004 Part 10—Savings and Transitionals Marine Regulations 1999 S.R. No. 145/1999 114 Regulations, the marine infringement continues to be a marine infringement under Part 3 of the Marine (Procedures) Regulations 1989 and a marine infringement notice for that infringement may be issued or served in accordance with those Regulations as if they had not been revoked; (b) in the case of a marine infringement under Part 3 of the Marine (Procedures) Regulations 1989 that has been re-enacted under Schedule 13 to these Regulations, the marine infringement is to be taken to be a marine infringement under Schedule 13 to these Regulations with the corresponding code, description of offence and penalty under Schedule 13 and a marine infringement notice for that infringement may be issued or served in accordance with these Regulations. (2) The revocation by these Regulations of the Marine (Procedures) Regulations 1989 does not affect— (a) a marine infringement notice issued or served in accordance with those Regulations before the commencement of these Regulations; or (b) a marine infringement notice issued or served in accordance with those Regulations after the commencement of these Regulations for an infringement under sub regulation (1)(a). (3) Without limiting sub-regulation (2)— (a) a notice referred to in that sub-regulation may be withdrawn; and (b) the penalty shown on it is payable; and r. 1006 Part 10—Savings and Transitionals Marine Regulations 1999 S.R. No. 145/1999 115 (c) the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 may be used for the enforcement of the amount payable— as if the Marine (Procedures) Regulations 1989 had not been revoked. 1007. Interpretation of Legislation Act not limited This Part does not affect or take away from the Interpretation of Legislation Act 1984. 1008. Marine infringements committed before the commencement of the Marine (Amendment) Regulations 2001 (1) If, in the case of a marine infringement committed against these Regulations before the commencement of the Marine (Amendment) Regulations 2001 in respect of which a marine infringement notice has not been issued before that commencement, the infringement is of a class of infringements that has been re-enacted under regulation 19 of the Marine (Amendment) Regulations 2001, on and from that commencement the marine infringement is to be taken to be a marine infringement under these Regulations with the relevant description of offence and penalty under Schedule 13 and a marine infringement notice for that marine infringement may be issued or served in accordance with these Regulations. (2) If, in the case of a marine infringement committed against these Regulations before the commencement of the Marine (Amendment) Regulations 2001, in respect of which a marine infringement notice has been issued before that commencement— (a) the infringement is of a class of infringements that has not been re-enacted under regulation 19 of the Marine r. 1007 Reg. 1008 inserted by S.R. No. 127/2001 reg. 15. Part 10—Savings and Transitionals Marine Regulations 1999 S.R. No. 145/1999 116 (Amendment) Regulations 2001, on and from that commencement the marine infringement is to be taken to continue to be a marine infringement under Schedule 13 and that marine infringement may be dealt with in accordance with these Regulations as if the Marine (Amendment) Regulations 2001 has not been enacted; or (b) the infringement is of a class of infringements that has been re-enacted under regulation 19 of the Marine (Amendment) Regulations 2001, the marine infringement is to be taken to be a marine infringement under these Regulations with the relevant description of offence and penalty under Schedule 13 and may be dealt with in accordance with these Regulations. r. 1008 Part 11—Evidentiary Requirements Marine Regulations 1999 S.R. No. 145/1999 117 PART 11—EVIDENTIARY REQUIREMENTS 1100. Certificate as to matter extracted from the Director's records For the purposes of section 89(1) of the Act, the prescribed form for a certificate is the form in Schedule 11. 1101. Certificate as to name in which vessel is registered For the purposes of section 89(3) of the Act, the prescribed form for a certificate is the form in Schedule 12. 1102. Certificate as to testing and sealing of prescribed speed measuring devices (1) For the purposes of section 89(6) of the Act, a certificate in relation to the testing and sealing of a prescribed speed measuring device is in the prescribed form if it is in the form set out in Schedule 17. (2) The testing officer is authorised to sign the certificate. Pt 11 (Heading and regs 1100, 1101) inserted by S.R. No. 127/2001 reg. 16. Reg. 1100 inserted by S.R. No. 127/2001 reg. 16, amended by S.R. No. 8/2002 reg. 5(5). r. 1100 Reg. 1101 inserted by S.R. No. 127/2001 reg. 16. Reg. 1102 inserted by S.R. No. 8/2002 reg. 8. Marine Regulations 1999 S.R. No. 145/1999 118 SCHEDULE SCHEDULE 1 Regulation 104 REGULATIONS REVOKED S.R. No. Title 490/1988 Marine (Vessels) Regulations 1988 491/1988 Marine (Navigation and Operation of Vessels) Regulations 1988 492/1988 Marine (Fees) Regulations 1988 189/1989 Marine (Fees) (Amendment) Regulations 1989 283/1989 Marine (Procedures) Regulations 1989 121/1990 Marine (Procedures) (Blood Samples) Regulations 1990 151/1990 Marine (Fees) (Amendment) Regulations 1990 170/1991 Marine (Fees) (Amendment) Regulations 1991 114/1992 Marine (Fees) (Amendment) Regulations 1992 38/1993 Marine (Fees) (Amendment) Regulations 1993 22/1994 Marine (Fees) (Amendment) Regulations 1994 111/1994 Marine (Procedures) (Breath and Blood Tests) Regulations 1994 153/1994 Marine (Vessels) (Amendment) Regulations 1994 154/1994 Marine (Procedures) (Infringements) Regulations 1994 155/1994 Marine (Navigation and Operation of Vessels) (Amendment) Regulations 1994 163/1996 Marine (Procedures) (Infringement) Regulations 1996 8/1997 Marine (Procedures) (Infringement) Regulations 1997 122/1998 Marine (Fees) (Amendment) Regulations 1998 170/1998 Marine (Procedures) (Amendment) Regulations 1998 Sch. 1 Marine Regulations 1999 S.R. No. 145/1999 119 SCHEDULE 2 Regulation 200 TYPES OF PERSONAL FLOTATION DEVICES PART 1—TYPES OF BUOYANCY GARMENTS A buoyancy garment that is of a type that complies with the Australian Standard AS 2260–1984 Buoyancy Garments as published by the Standards Association of Australia on 7 December 1984. PART 2—TYPES OF BUOYANCY VESTS A Buoyancy vest that is of a type that complies with— (a) Australian Standard AS 1499–1973 Buoyancy Vests as published by the Standards Association of Australia on 5 March 1973; or (b) Australian Standard AS 1499–1979 Buoyancy Vests as published by the Standards Association of Australia on 1 July 1979; or (c) Australian Standard AS 1499–1983 Buoyancy Vests as published by the Standards Association of Australia on 7 March 1983. PART 3—TYPES OF LIFEJACKETS A lifejacket that is of a type that— (a) has been approved by the Board before 20 December 1999; or (b) complies with the requirements of Marine Order Part 25, Issue 4 (Order No. 12 of 1998) Appendix 1 Part 2 published by the Australian Maritime Safety Authority on 1 November 1998; or (c) complies with the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix R; or Sch. 2 Sch. 2 Pt 2(a) amended by S.R. No. 13/2000 reg. 4(2)(a). Sch. 2 Pt 2(c) amended by S.R. No. 13/2000 reg. 4(2)(b). Sch. 2 Pt 3(a) amended by S.R. No. 13/2000 reg. 4(2)(c). Sch. 2 Pt 3(c) amended by S.R. No. 13/2000 reg. 4(2)(d). Marine Regulations 1999 S.R. No. 145/1999 120 (d) complies with— (i) the Australian Standard AS 1512–1973 Lifejackets as published by the Standards Association of Australia on 5 July 1973; or (ii) the Australian Standard AS 1512–1981 Lifejackets as published by the Standards Association of Australia on 1 June 1981; or (iii) the Australian Standard AS 1512–1983 Lifejackets as published by the Standards Association of Australia on 7 March 1983; PART 4—TYPE 1 PERSONAL FLOTATION DEVICES A personal flotation device that is of a type that complies with the Australian Standard AS 1512–1988 Personal Flotation Devices—Type 1 as published by the Standards Association of Australia on 4 January 1988 or of a type that complies with the Australian Standard AS 1512–1996 Personal Flotation Devices—Type 1 published by the Standards Association of Australia on 5 January 1996, if— (a) the personal flotation device is fitted with retro-reflective tape that is of a type that— (i) complies with the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix R; or (ii) complies with sub-clause 3.5 of the Australian Standard AS 2259–1988 General Requirements For Buoyancy Aids as published by the Standards Association of Australia on 4 January 1988; or (iii) complies with sub-clause 3.5 of the Australian Standard AS 2259–1996 General Requirements For Buoyancy Aids as published by the Standards Association of Australia on 5 January 1996; or (b) in the case of a personal flotation device that has been purchased after 1 December 1989 so as to be provided on a recreational or hire and drive vessel, the device is fitted with retro-reflective tape placed as high up on the flotation device as is practicable, and— (i) if the device is to be used by a person with a body mass greater than 25 kilograms, or placed upon a vessel for this purpose, the retro-reflective tape is positioned— Sch. 2 Pt 3(d)(iii) amended by S.R. No. 13/2000 reg. 4(2)(e). Sch. 2 Pt 4 amended by S.R. No. 13/2000 reg. 4(2)(f). Sch. 2 Marine Regulations 1999 S.R. No. 145/1999 121 (A) in 6 places on the outside of the device and if the device is reversible, on 6 places on the inside of the device with each tape not being less than 100 millimetres long and not being less than 50 millimetres wide; or (B) in an arrangement that provides a total area of tape of not less than 0·03 square metres; or (ii) if the device is to be used by a person with a body mass of 25 kilograms or less, or placed upon a vessel for this purpose, the retro-reflective tape is positioned— (A) in not less than 4 places on the outside of the device and if the device is reversible on not less than 4 places on the inside of the device with each tape not being less than 100 millimetres long and not less than 50 millimetres wide; or (B) in an arrangement that provides a total area of tape of not less than 0·02 square metres. PART 5—TYPE 2 PERSONAL FLOTATION DEVICES A personal flotation device that is of a type that complies with— (a) the Australian Standard AS 1499–1988 Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 4 January 1988; or (b) the Australian Standard AS 1499–1996 Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 5 January 1996; PART 6—TYPE 3 PERSONAL FLOTATION DEVICES A personal flotation device that complies with— (a) the Australian Standard AS 2260–1988 Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 4 January 1988; or (b) the Australian Standard AS 2260–1996 for Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 5 January 1996. Sch. 2 Marine Regulations 1999 S.R. No. 145/1999 122 SCHEDULE 3 Regulations 228 and 229 CONSTRUCTION OF RECREATIONAL VESSELS Thermal Protection 1. Hot pipes or other sources of heat in close proximity to woodwork or other flammable material on a recreational vessel must be insulated. 2. All engine exhaust piping and silencers on a recreational vessel must— (a) be water cooled or efficiently insulated; and (b) be installed so as to prevent the transfer of heat to readily combustible materials. 3. All engine exhaust systems on a recreational vessel must— (a) be led well clear of fuel tanks and fuel tank overflows; and (b) be arranged so that exhaust fumes emerge outside the hull of the vessel. Liquefied Petroleum Gas and Compressed Natural Gas 4. Unless the Director has given approval in writing to the contrary, if liquefied petroleum gas or compressed natural gas is carried on a recreational vessel— (a) the gas cylinders must not be installed inside a deckhouse or below decks; (b) the gas cylinders must be stored in the open air and secured in strongly constructed racks; (c) in the case of a partially decked or open recreational vessel the gas cylinders must not be stored in lockers. 5. All gas piping on a recreational vessel must be securely fastened within the vessel. 6. Any gas-burning appliance on a recreational vessel must be securely fastened in position and the space containing the appliance must be adequately ventilated. Sch. 3 Sch. 3 cl. 4 amended by S.R. No. 8/2002 reg. 9(1). Marine Regulations 1999 S.R. No. 145/1999 123 Flame Arrestor 7. The carburettor or carburettors of any engine, except an outboard motor, in a recreational vessel must be fitted with— (a) a flame arrestor or backfire trap which is effective if the engine backfires, to prevent the flame caused by the backfire from making contact with the atmosphere; or (b) a screen or cap of not less than 30 gauge, 30 mesh brass or stainless steel wire gauge which is securely sealed in or over the air intake. Seaworthiness 8. A recreational vessel must be seaworthy and any internal ballast in the vessel must be securely fastened in position. Reserve Buoyancy 9. (1) In this clause, "reserve buoyancy" means— (a) fabricated air-tight tanks; or (b) inflatable devices which can be conveniently stowed on a vessel; or (c) buoyant foam that— (i) is impervious to chemical action by petrol, oil and salt water; and (ii) is of a closed cell structure; and (iii) is suitably protected against fire; or (d) buoyant foam that is approved by the Director; or (e) any combination of the systems specified in sub-paragraphs (a) to (d); or (f) any other system approved by the Director. (2) A recreational vessel that is an open boat and that does not have an enclosed superstructure must have reserve buoyancy that is sufficient to support— (a) the hull; and (b) the weight of the motor, fuel tanks and all non-buoyant material; and (c) 10% of the total combined weight of the hull, motor, fuel tanks and all non-buoyant material. Sch. 3 Sch. 3 cl. 9 amended by S.R. No. 8/2002 reg. 9(1). Marine Regulations 1999 S.R. No. 145/1999 124 (3) A recreational vessel that— (a) is an open boat; and (b) does not have an enclosed superstructure; and (c) was constructed and first registered after 1 July 1963— must have reserve buoyancy built into the hull of the vessel. Ventilation 10. (1) A recreational vessel which is using any liquid of a volatile nature or any gas as fuel must be provided with an effective means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to ensure that any explosive or flammable gases are removed. (2) Sub-clause (1) does not apply to an open vessel. Sch. 3 Marine Regulations 1999 S.R. No. 145/1999 125 SCHEDULE 4 Regulation 230 TABLE OF EQUIPMENT REQUIRED ON RECREATIONAL VESSELS OPERATING IN STATE WATERS OTHER THAN INLAND OR ENCLOSED WATERS PART A—QUANTITIES OF EQUIPMENT Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Lifejacket of a type listed in Part 3 of Schedule 2 or personal flotation device of a type listed in Part 4 of Schedule 2 for each person on board and each person being towed 1 1 1 1 1 Paddles or oars and rowlocks 2 2 Bailer or manual pump 1 Bailer or manual pump or efficient bilge pumping arrangement 1 1 Manual pump or efficient bilge pumping arrangement 1 1 Efficient waterproof torch or efficient waterproof lantern 1 1 1 1 1 Portable fire extinguisher where any fuel is carried 1 1 2 3 Bucket with lanyard 1 2 Sch. 4 Marine Regulations 1999 S.R. No. 145/1999 126 Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Efficient compass 1 1 Lifebuoy 2 One dinghy or liferaft 1 Hand held red distress flare 2 2 2 2 2 Hand held orange smoke signal 2 2 2 2 2 Efficient anchor 1 1 1 1 2 PART B—LENGTH AND DIAMETER OF ANCHOR CABLE Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Anchor cable— length in metres 35 45 50 55 70 Propylene anchor cable—diameter in millimetres cable stabilised against actinic degeneration 10 10 12 20 28 Nylon anchor cable—diameter in millimetres cable 8 8 10 16 20 Sch. 4 Marine Regulations 1999 S.R. No. 145/1999 127 SCHEDULE 5 Regulation 230 TABLE OF EQUIPMENT REQUIRED ON RECREATIONAL VESSELS OPERATING ONLY ON INLAND OR ENCLOSED WATERS Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Lifejacket of a type listed in Part 3 of Schedule 2 or personal flotation device of a type listed in Part 4 of Schedule 2 for each person on board and for each person being towed 1 1 1 1 1 Paddles or oars and rowlocks 2 2 Bailer or manual pump 1 Bailer or manual pump or efficient bilge pumping arrangement 1 1 Manual pump or efficient bilge pumping arrangement 1 1 Efficient waterproof torch or efficient waterproof lantern 1 1 1 1 1 Portable fire extinguisher where any fuel is carried 1 1 2 3 Sch. 5 amended by S.R. No. 13/2000 reg. 9. Sch. 5 Marine Regulations 1999 S.R. No. 145/1999 128 Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Bucket with lanyard 1 2 Lifebuoy 2 Sch. 5 Marine Regulations 1999 S.R. No. 145/1999 129 SCHEDULE 6 Regulation 305 QUALIFYING TRAINING FOR PORT PHILLIP HEADS 1. An applicant for an endorsement on a certificate of competency to operate a trading vessel carrying passengers in Port Phillip Heads must complete a training course approved by the Director that covers local knowledge, operating guidelines and vessel and passenger safety. 2. The course shall include but not be limited to the following— (a) local knowledge, including lights, charted depths, channels, local dangers, tidal flows, navigation leads, beacons and topmarks; (b) VHF radio communication procedures; (c) passenger briefing and control; (d) person overboard response procedures; (e) occupational health and safety; (f) boat operation and handling techniques specific to Port Phillip Heads; (g) guidelines and rules for crossing Port Phillip Heads; (h) local meteorological and tidal conditions; (i) emergency contingency planning. Sch. 6 Sch. 6 cl. 1 amended by S.R. No. 8/2002 reg. 9(2). Marine Regulations 1999 S.R. No. 145/1999 130 SCHEDULE 7 Regulation 308 QUALIFYING SEA SERVICE AND TRAINING FOR THE LAKES ENTRANCE BAR Prerequisite qualifying sea service 1. An applicant for an endorsement on a certificate of competency to operate a trading vessel carrying passengers across the Lakes Entrance Bar must have completed a minimum of 20 outwards crossings and 20 inwards crossings of the Lakes Entrance Bar. 2. On each crossing of the Lakes Entrance Bar, the applicant must be at the helm and in charge of a trading or fishing vessel. 3. Of the trips specified in Clause 1, not more than 2 trips in any 24 hour period shall be counted as qualifying sea service. Training 4. An applicant for an endorsement on a certificate of competency to operate a trading vessel carrying passengers across the Lakes Entrance Bar must complete a training course approved by the Director that covers local knowledge, operating guidelines and vessel and passenger safety. 5. The course shall include but not be limited to the following— (a) local knowledge, including lights, charted depths, channels, local dangers, tidal flows, navigation leads, beacons and topmarks; (b) VHF radio communication procedures; (c) passenger briefing and control; (d) person overboard response procedures; (e) occupational health and safety; (f) boat operation and handling techniques specific to the Lakes Entrance Bar; (g) guidelines and rules for crossing the Lakes Entrance Bar; (h) local meteorological and tidal conditions; (i) emergency contingency planning. Sch. 7 Sch. 7 cl. 4 amended by S.R. No. 8/2002 reg. 9(3). Marine Regulations 1999 S.R. No. 145/1999 131 SCHEDULE 8 Regulation 502 CERTIFICATE OF RESULTS OF BREATH ANALYSIS I, of (1) Am the person who operated the breath analysing instrument described below. (2) Am authorised to do so by the Chief Commissioner of Police. (3) State that the following matters are to the best of my knowledge true. Serial Number of Breath Analysing Instrument used to conduct the breath analysis: Sample Number: Location where the test was conducted: Name of person whose breath was tested: Date of birth of person whose breath was tested: Surname of person who operated breath analysing instrument: Results of self test of breath analysing instrument prior to person's breath being analysed: Results of self test of breath analysing instrument after person's breath being analysed: Results of zero tests of breath analysing instrument prior to person's breath being analysed: Results of zero tests of breath analysing instrument after person's breath being analysed Date of person's breath test: Time of person's breath test: Concentration of alcohol in grams per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested: Signature: Sch. 8 Marine Regulations 1999 S.R. No. 145/1999 132 SCHEDULE 9 Regulation 505 CERTIFICATE BY MEDICAL PRACTITIONER TAKING BLOOD SAMPLE I a medical practitioner registered under (insert name of medical practitioner) the Medical Practice Act 1994 certify that the sample of blood described below was taken in accordance with the requirements of the Marine Regulations 1999. Name of the person from whom the blood sample was taken: Time that the blood sample was taken: Date that the blood sample was taken: Name of the medical practitioner who took the sample: Signature of the medical practitioner who took the sample: Sch. 9 Marine Regulations 1999 S.R. No. 145/1999 133 SCHEDULE 10 Regulation 506 ANALYST'S CERTIFICATE I certify that (a) I am a properly qualified analyst within the meaning of section 32 of the Act. (b) The concentration of alcohol found in the sample described below was: The method of analysis of the blood sample analysed was as follows— (Insert here a statement as to the method of analysis used). Description of the identification label referred to in regulation 503(2)(a)(ii) that is attached to the container in which the blood sample is placed: (Insert here a description of the identification label). Name of the properly qualified analyst: Signature of the properly qualified analyst: Date on which the analysis was conducted: Sch. 10 Marine Regulations 1999 S.R. No. 145/1999 134 SCHEDULE 11 Regulation 1100 CERTIFICATE AS TO MATTERS WHICH APPEAR IN OR CAN BE CALCULATED FROM THE RECORDS KEPT BY THE DIRECTOR OF MARINE SAFETY Certificate issued under section 89(1) of the Marine Act 1988 The matters set out in this certificate appear in, or have been calculated from, the records kept by the Director of Marine Safety or a delegate of the Director. (Insert here the details to which the certificate relates) Dated: Signature of Director or delegate Sch. 11 amended by S.R. No. 127/2001 reg. 17, substituted by S.R. No. 8/2002 reg. 10. Sch. 11 Marine Regulations 1999 S.R. No. 145/1999 135 SCHEDULE 12 Regulation 1101 CERTIFICATE AS TO REGISTRATION OF VESSEL ISSUED UNDER SECTION 89(3) OF THE MARINE ACT According to the records of the Director of Marine Safety, on (insert date) the vessel described below was registered under the Act in the name of Description of vessel (Insert here the details which identify the vessel). Dated: Issued by the Director of Marine Safety Sch. 12 amended by S.R. No. 127/2001 reg. 18, substituted by S.R. No. 8/2002 reg. 10. Sch. 12 Marine Regulations 1999 S.R. No. 145/1999 136 SCHEDULE 13 Regulation 900 MARINE INFRINGEMENTS "MA" means the Act; and "MR" means Marine Regulations 1999; "Notice" means Notice No. 1 made under section 15 of the Act on 26 June 1998 and published in Government Gazette Number G 26 on 2 July 1998 (pages 1706—1824) as amended from time to time. Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty Registration 2251 Operate an unregistered vessel or vessel not exempt from registration MA s. 8(1)(a) 1⋅2 penalty units 2252 Own or be in charge of an unregistered vessel or vessel not exempt from registration and cause or allow it to be operated MA s. 8(1)(b) 1⋅2 penalty units 2253 Operate or cause or allow operation of a vessel in breach of a condition of registration MA s. 8(2) 1⋅2 penalty units 2254 Fail to fix registration label in conspicuous position MR r. 402(2) 0⋅8 penalty units 2255 Fail to fix identification mark in a conspicuous position MR r. 402(5) 0⋅8 penalty units 2256 Fail to comply with requirements for transfer of registration MR r. 405(1), 405(2) 0⋅8 penalty units Sch. 13 amended by S.R. Nos 13/2000 reg. 10(a)-(g), 91/2001 reg. 5(a)(b), substituted by S.R. No. 127/2001 reg. 19, amended by S.R. Nos 8/2002 reg. 9(4), 88/2004 reg. 4(Sch. 1 item 27.36 (a)–(j)). Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 137 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty Safety Distances, Speed Restrictions etc. State Waters 2257 Contravene a notice by operating a vessel at a speed exceeding 5 knots within 50 metres of a person MA s. 15(3) Notice cl. 2(a) 1⋅6 penalty units 2258 Operate a vessel at a speed exceeding 5 knots within 100 metres of a divers flag in contravention of the Notice MA s. 15(3) Notice cl. 2(b) 1⋅6 penalty units 2259 Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel in contravention of the Notice MA s. 15(3) Notice cl. 2(c) 1⋅6 penalty units 2260 Operate a sailboard in contravention of the Notice MA s. 15(3) Notice cl. 17 1⋅2 penalty units Inland Waters 2261 Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure in contravention of the Notice MA s. 15(3) Notice cl. 3 1⋅6 penalty units Coastal Waters and Ports 2262 Operate a vessel at a speed exceeding 5 knots (a) within 200 metres of the water's edge except in an access lane; (b) within 50 metres of a wharf or similar structure except in an access lane; MA s. 15(3) Notice cl. 4 1⋅6 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 138 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty (c) when passing through an anchorage for small vessels— in contravention of the Notice Miscellaneous Navigation Offences 2263 Operate a vessel in an access lane in contravention of the Notice MA s. 15(3) Notice cl. 6 1⋅6 penalty units 2264 Operate a vessel at a speed exceeding a speed limit in specified areas of water in contravention of the Notice MA s. 15(3) Notice cl. 7 1⋅6 penalty units 2265 Enter prohibited area towing water skier or when water skiing in contravention of the Notice MA s. 15(3) Notice cl. 8 1⋅6 penalty units 2266 Operate a vessel in a prohibited area in contravention of the Notice MA s. 15(3) Notice cl. 9 1⋅6 penalty units 2267 Operate a vessel with an engine in a prohibited area in contravention of the Notice MA s. 15(3) Notice cl. 10 1⋅6 penalty units 2268 Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone in contravention of the Notice MA s. 15(3) Notice cl. 11 1⋅6 penalty units 2269 Operate a vessel with an engine in a direction in contravention of the Notice in inland waters MA s. 15(3) Notice cl. 14 1⋅6 penalty units 2270 Operate a vessel or engage in an activity in a prohibited area of water in contravention of the Notice MA s. 15(3) Notice cl. 12 1⋅6 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 139 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 2271 Use waters contrary to conditions of use specified in a notice and in contravention of that Notice MA s. 15(3) Notice cl. 13 1⋅6 penalty units 2272 Fail to give way to other vessel when departing from shore on a vessel with an engine in contravention of the Notice MA s. 15(3) Notice cl. 15 1⋅6 penalty units Water skiers 2273 Fail to wear approved lifejacket, buoyancy vest, buoyancy garment or personal flotation device when water skiing in contravention of the Notice MA s. 15(3) Notice cl. 18 1⋅6 penalty units 2274 Tow water skiers in contravention of the Notice MA s. 15(3) Notice cl. 19 1⋅2 penalty units Smoke and Noise 2275 Operate a vessel emitting annoying or dangerous smoke, visible vapour or smells in contravention of the Notice MA s. 15(3) Notice cl. 20 0⋅8 penalty units 2276 Operate vessel without adequate silencing device securely fixed to engine in contravention of the Notice MA s. 15(3) Notice cl. 21(1)(a) 0⋅8 penalty units 2277 Operate a vessel without a silencing device that does not have a cut out or similar device in contravention of the Notice MA s. 15(3) Notice cl. 21(1)(b) 0⋅8 penalty units 2278 Operate vessel so as to create undue noise in contravention of the Notice MA s. 15(3) Notice cl. 21(2) 0⋅8 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 140 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty Miscellaneous Offences 2283 Fail to properly report an accident to the Director being the owner or master of a trading or fishing vessel MA s. 20(3) 1⋅6 penalty units 2284 Fail to obey a direction given by a member of the police force or an authorised officer MA s. 21(2) 1⋅6 penalty units 2286 Tamper with a vessel without just cause or excuse MA s. 24 1⋅2 penalty units 2288 Obstruct an officer in the exercise of his or her duty MA s. 92 1⋅6 penalty units 2289 Re-fuel vessel at a wharf, jetty or pier with passengers on board MR r. 233 2 penalty units 2291 Permit a naked flame to be installed in compartment of vessel containing motors or fuel tank MR r. 234(1) 1⋅6 penalty units 2292 Permit naked flame to be used near motor or fuel tank on vessel MR r. 234(2) 2 penalty units 2293 Overload vessel MR r. 236 2 penalty units 2294 Fail to give information when required MA s. 18 0⋅8 penalty units 2295 Fail to stop vessel when required MA s. 19(3) 1⋅2 penalty units 2296 Refuse or fail to state name and address or state false name and address MA s. 19(4)(a) or (b), 60(7)(a) or (b) 1⋅2 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 141 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 2298 Bathe within 50 metres of a launching ramp being used or about to be used or an access lane in contravention of the Notice MA s. 15(3) Notice cl. 16 1⋅2 penalty units 2299 Refuse or fail to allow a vessel to be inspected MA s. 13(3) 1⋅6 penalty units 2300 Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below in contravention of the Notice MA s. 15(3) Notice cl. 22 1⋅2 penalty units 2301 Engage in diving without a buoy or flag displayed in contravention of the Notice MA s. 15(3) Notice cl. 23 1⋅2 penalty units Equipment Offences—Recreational Vessels All State Waters 2302 Fail to carry lifejacket or personal flotation device for each person on board and being towed MR r. 230(1), 230(2), Schedules 4 and 5 0⋅8 penalty units 2303 Fail to carry paddles or oars or rowlocks MR r. 2301(1), 230(2) Schedules 4 and 5 0⋅8 penalty units 2304 Fail to carry bailer, manual pump or have efficient bilge pump MR r. 230(1), 230(2), Schedules 4 and 5 0⋅8 penalty units 2305 Fail to carry waterproof torch or lantern MR r. 230(1), 230(2), Schedules 4 and 5 0⋅8 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 142 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 2306 Fail to carry portable fire extinguisher if fuel carried MR r. 230(1), 230(2) , Schedules 4 and 5 0⋅8 penalty units 2307 Fail to carry a bucket with lanyard MR r. 230(1), 230(2) , Schedules 4 and 5 0⋅8 penalty units 2308 Fail to carry a lifebuoy MR r. 230(1), 230(2), Schedules 4 and 5 0⋅8 penalty units State Waters Other Than Inland Or Enclosed Waters 2309 Fail to carry a compass MR r. 230(1), 230(2), Schedule 4 0⋅8 penalty units 2310 Fail to carry a dinghy or liferaft MR r. 230(1), Schedule 4 0⋅8 penalty units 2311 Fail to carry hand held red flares or orange smoke signal MR r. 230(1), Schedule 4 0⋅8 penalty units 2312 Fail to carry an efficient anchor MR r. 230(1), Schedule 4 0⋅8 penalty units 2313 Fail to carry anchor cable MR r. 230(1) (b), Schedule 4 0⋅8 penalty units 2314 Operate a vessel in State waters with persons under the age of 10 not wearing personal flotation device MR r. 232 1⋅6 penalty units Further Miscellaneous Offences 2315 Fail to ensure equipment is readily accessible and in good order MR r. 235 1⋅2 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 143 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 2316 Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post in contravention of the Notice MA s. 15(3) Notice cl. 23A 1⋅2 penalty units 2317 Anchor vessel in navigation channel or the area of State waters which impedes or may impede any other vessel in contravention of the Notice MA s. 15(3) Notice cl. 23B 1⋅2 penalty units Hire and Drive Vessel Offences 2319 Being a person in charge of a vessel fail to render assistance, exchange details and report accident MA s. 20(1) 1⋅6 penalty units 2320 Being the owner of a vessel fail to maintain register of contracts MR r. 217(1) 0⋅8 penalty units 2321 Being the hirer of a vessel fail to provide details of contracts MR r. 217(2) 0⋅8 penalty units 2322 Being the owner of a vessel fail to produce register of contracts for inspection MR r. 217(3) 0⋅8 penalty units 2323 Being the owner of a vessel fail to notify Director of sale or disposal of hire and drive vessel MR r. 218(1) 0⋅8 penalty units 2324 Being the purchaser of a vessel fail to notify Director of purchase or acquisition of hire and drive vessel MR r. 218(2) 0⋅8 penalty units 2325 Being the owner of a vessel fail to report accident involving hire and drive vessel MR r. 219 1⋅6 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 144 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 2326 Being the hirer or operator of a vessel allow improper use of equipment or permit vessel to go outside limits specified in the certificate of survey MR r. 220 1⋅6 penalty units 2327 Being the owner of a vessel fail to reasonably ensure competence of hirer MR r. 221(1) 2 penalty units 2328 Being the owner of a vessel fail to give hirer instructions about use of hire and drive vessel MR r. 221(2) 2⋅2 penalty units 2329 Being the owner of a vessel fail to obtain signed statement from hirer MR r. 221(4) 2 penalty units 2330 Act in reckless, negligent or dangerous manner when operating or being towed or propelled by a hire and drive vessel MR r. 222(1), 222(2) 2⋅4 penalty units 2331 Being the owner or hirer of a vessel fail to ensure person under 10 wearing personal flotation device MR r. 223(1), 223(2) 1⋅6 penalty units 2332 Being the owner, hirer or operator of a vessel permit vessel to be refuelled at wharf etc. with passengers on board MR r. 224(1), 224(2) 2 penalty units 2334 Being the owner of a vessel permit appliances producing a naked flame to be installed in compartment of vessel containing motors or fuel tank MR r. 225(1) 1⋅6 penalty units 2335 Permit appliances producing a naked flame to be used in compartments of a vessel containing motor or fuel tank MR r. 225(2), 225(3) 2 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 145 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 2336 Being the owner of a vessel fail to have equipment readily accessible and in good order MR r. 226 1⋅2 penalty units 2337 Being the owner or operator of a vessel overload vessel MR r. 227(1), 227(2) 2 penalty units Blood Alcohol Offences 2338 Being a person in charge of vessel underway with unlawful blood alcohol level of ⋅05g/100ml or more than ⋅05g/100ml but less than ⋅10g/100ml but not being a person— (a) under the age of 21 years; or (b) who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel MA s. 28(1)(b) 3 penalty units 2339 Being a person in charge of vessel underway with unlawful blood alcohol level of ⋅10g/100ml or more than ⋅10g/100ml but less than ⋅15g/100ml but not being a person— (a) under the age of 21 years; or (b) who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel MA s. 28(1)(b) 4⋅2 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 146 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty General Offences 2340 Operate vessel on coastal waters without approved emergency position indicating radio beacon MR r. 207 1⋅6 penalty units 2341 Being an owner of a vessel, operate, or allow the vessel to be operated, without certificate of survey MA s. 97(1) 5 penalty units 2342 Being master of a vessel, operate the vessel without certificate of survey MA s. 97(2) 2⋅5 penalty units 2343 Act as master or crew member on vessel without a certificate required by the regulations MA s. 94(1) 2⋅5 penalty units 2344 Employ or engage person to act as master or crew member on vessel if person does not have a certificate required by the regulations MA s. 94(2) 2⋅5 penalty units 2345 Being an owner of vessel, cause or allow vessel to be operated when crewed by people without appropriate certificates MA s. 94(3) 2⋅5 penalty units 2346 Fail to carry certificate, licence or exemption whilst operating a vessel covered by that certificate or licence or exemption MR r. 321 0⋅8 penalty units Operation of vessels 5701 Refuse or fail to surrender a document required by a notice of suspension of operator licence under section 28C(1) of the MA MA s. 28C(5) 1⋅2 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 147 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5702 Fail to comply with a notice to surrender licence served under section 61BA(4) of the MA within the specified time MA s. 61BA(5) 1⋅2 penalty units 5703 Operate a general recreational vessel other than in accordance with an operator licence issued under Part 10A of the MA MA s. 115(1) 2 penalty units 5704 Operate a personal watercraft other than in accordance with a licence issued under Part 10A of the MA that is endorsed to authorise such use MA s. 115(2) 2⋅5 penalty units 5705 Apply for or obtain an operator licence while disqualified from doing so MA s. 123(1) 2⋅5 penalty units 5706 Operate a general recreational vessel in breach of condition of an operator licence MA s. 129(1) 2 penalty units 5707 Operate a personal watercraft in breach of a condition of an operator licence or personal watercraft endorsement on that licence MA s. 129(2) 2⋅5 penalty units 5708 Operate a regulated recreational vessel in breach of a condition of a licence or certificate issued in another State, Territory or country MA s. 130 2 penalty units 5709 Operate regulated recreational vessel without being in possession of operator licence document MA s. 133 0⋅8 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 148 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5710 Being the owner of a trading, fishing or hire and drive vessel, allow that vessel to operate without carrying on board the certificate of survey issued in respect of that vessel or a certified copy of it MR r. 216A(1) 2⋅5 penalty units 5711 Being the master of a trading or fishing vessel, allow that vessel to operate without carrying and displaying on board the certificate of survey issued in respect of that vessel or a certified copy of it MR r. 216A(2) 2⋅5 penalty units 5712 Fail to produce an operator licence if a licence is required to operate the vessel MA s. 19(4)(c) 1⋅2 penalty units 5713 Fail to produce a certificate, licence or exemption issued under the Regulations while operating a vessel covered by that certificate, licence or exemption MA s. 19(4)(d) 1⋅2 penalty units Sch. 13 Marine Regulations 1999 S.R. No. 145/1999 149 SCHEDULE 14 Regulation 902 MARINE INFRINGEMENT NOTICE FOR THE PURPOSES OF SECTION 60(2) OF THE MARINE ACT 1988 Date on which the notice is issued: Number of the notice: Name and address of the person alleged to have committed the marine infringement: Date and approximate time and place of the alleged commission of the marine infringement: If the alleged marine infringement arises out of the operation or being in charge of a vessel, the registered number or other means of identification of the vessel: Brief description of the kind of marine infringement alleged to have been committed: Amount of the penalty prescribed in the Marine Regulations 1999 that is payable in respect of the alleged marine infringement: Time within which the penalty must be paid: Manner in which the penalty must be paid: Place at which the penalty must be paid: If the amount of the penalty is paid before the end of the time specified in the notice, the matter will not be brought before a court unless the marine infringement notice is withdrawn within 28 days after the date on which it was served. Sch. 14 amended by S.R. Nos 127/2001 reg. 20, 8/2002 reg. 9(5). Sch. 14 Marine Regulations 1999 S.R. No. 145/1999 150 Name and location of the member of the police force, person authorised by the Director or other person authorised by the Minister under section 60(1) of the Act by whom the notice was issued: Sch. 14 Marine Regulations 1999 S.R. No. 145/1999 151 SCHEDULE 15 Regulation 905 NOTICE OF WITHDRAWAL OF MARINE INFRINGEMENT NOTICE Notice to: (Insert name and address of the person on whom the marine infringement notice was served). The Marine infringement notice number (insert number of the marine infringement notice) that was issued on (insert date of issue of the marine infringement notice) has been withdrawn. * It is/is not intended that court proceedings may be instituted against you in respect of the alleged marine infringement. The amount of any payment made in respect of the marine infringement penalty will be refunded. * strike out whichever does not apply. Signed: Dated: Sch. 15 Marine Regulations 1999 S.R. No. 145/1999 152 SCHEDULE 16 Regulation 906 PARTICULARS OF ALLEGED PRIOR CONVICTIONS OR FINDINGS OF GUILT Name and address of the person to whom it relates: Name of court that convicted the person or found the person guilty Date of the alleged conviction or finding of guilt Short description of the alleged offence Short description of the alleged penalty imposed This document will be admissible as evidence that the person has been convicted or found guilty as alleged if— (a) the person does not appear in answer to the summons served with the notice; and (b) the person is convicted or found guilty of the marine infringement alleged in the summons. Signature of Informant: Date: Sch. 16 Marine Regulations 1999 S.R. No. 145/1999 153 SCHEDULE 17 CERTIFICATE UNDER SECTION 89(6) The laser device known as (insert make and model number of device) and numbered (insert identifying number of device) was tested by me in accordance with the Marine Regulations 1999 on (date). The test confirmed that the device was operating correctly in accordance with the requirements of those Regulations. I sealed the device in accordance with those Regulations after carrying out the test. Date: Signature of person issuing certificate: ═══════════════ Sch. 17 inserted by S.R. No. 8/2002 reg. 11. Sch. 17 Marine Regulations 1999 S.R. No. 145/1999 154 ENDNOTES 1. General Information The Marine Regulations 1999, S.R. No. 145/1999 were made on 21 December 1999 by the Governor in Council under sections 10, 55, 56, 58, 59, 105, 108 and 109 of the Marine Act 1988, No. 52/1988 and came into operation on 21 December 1999. The Marine Regulations 1999 will sunset 10 years after the day of making on 21 December 2009 (see section 5 of the Subordinate Legislation Act 1994). Endnotes Marine Regulations 1999 S.R. No. 145/1999 155 2. Table of Amendments This Version incorporates amendments made to the Marine Regulations 1999 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Marine (Amendment) Regulations 2000, S.R. No. 13/2000 Date of Making: 7.3.00 Date of Commencement: 7.3.00 Marine (Fees) Regulations 2001, S.R. No. 91/2001 Date of Making: 11.9.01 Date of Commencement: 1.10.01: reg. 3 Marine (Amendment) Regulations 2001, S.R. No. 127/2001 Date of Making: 27.11.01 Date of Commencement: 3.12.01: reg. 3 Marine (Amendment) Regulations 2002, S.R. No. 8/2002 Date of Making: 30.1.02 Date of Commencement: Regs 1–4, 7 on 1.2.02: reg. 3(1); regs 5, 6, 8–11 on 7.2.02: reg. 3(2) Marine (Fees) Regulations 2003, S.R. No. 143/2003 Date of Making: 2.12.03 Date of Commencement: 15.12.03: reg. 3 Monetary Units Regulations 2004, S.R. No. 88/2004 Date of Making: 29.6.04 Date of Commencement: 1.7.04: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Marine Regulations 1999 S.R. No. 145/1999 156 3. Explanatory Details 1 Reg 1000: S. R. No. 490/1988. Reprinted to S.R. No. 153/1994. 2 Reg 1006: S.R. No. 283/1989. Reprinted to S.R. No. 8/1997. —— Tables of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 The following table of applied, adopted or incorporated matter was included in S.R. No. 145/1999 in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definitions of "hand held orange smoke signal" and "hand held red distress flare" Uniform Shipping Laws Code Australian Standards specification for Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft as published by Standards Association of Australia on 3 October 1988 as AS 2092–1988 Section 10 Whole Regulation 104— Definition of "Lakes Entrance Bar" Chart AUS 182 "Lakes Entrance" published by the Hydrographic Service, Royal Australian Navy on 30 January 1998 Whole Endnotes Marine Regulations 1999 S.R. No. 145/1999 157 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definition of "lifebuoy" Uniform Shipping Laws Code Australian Standards specification for Rescue Buoys as published by Standards Association of Australia on 1 July 1979 as AS 2261–1979; and Australian Standards specification for Rescue Buoys as published by the Standards Association of Australia on 12 March 1990 as AS 2261–1990 Section 10 Whole Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (a)—dry chemical type Australian Standards specification for Portable Fire Extinguishers—Powder Type as published by the Standards Association of Australia on 4 November 1985 as AS 1846–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (b)—carbon dioxide type Australian Standards specification for Portable Fire Extinguishers—Carbon Dioxide Type as published by the Standards Association of Australia on 4 November 1985 as AS 1847–1985 Whole Marine Regulations 1999 S.R. No. 145/1999 158 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definition of "portable fire extinguisher" Paragraph (c)—foam chemical type Australian Standards specification for Foam (Chemical) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1843–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (d)—foam gas container type Australian Standards specification for Foam (Gas Container) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1844–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (e)—foam (stored pressure) type Australian Standards specification for Foam (Stored Pressure) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1845–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (f)—wet chemical type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.3–1997 Part 3: Wet Chemical Type Regulation 104— Definition of "portable fire extinguisher" Paragraph (g)—foam type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.4–1997 Part 4: Foam Type Marine Regulations 1999 S.R. No. 145/1999 159 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definition of "portable fire extinguisher" Paragraph (h)—powder type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.5–1997 Part 5: Powder Type Regulation 104— Definition of "portable fire extinguisher" Paragraph (i)—carbon dioxide type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.6–1997; Part 6: Carbon Dioxide Type Regulation 104— Definition of "Port Phillip Heads" Chart AUS 143 "Port Phillip" published by the Hydrographic Service, Royal Australian Navy on 2 May 1973 Whole Regulation 205 Prevention of Collisions Convention Whole except that Annex I, Annex II and Annex III do not apply to vessels on inland waters Regulation 206 Safety Convention and Protocol of 1978 Chapter V of the Safety Convention (except regulations 13 and 15) and whole of Protocol Marine Regulations 1999 S.R. No. 145/1999 160 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 206 Commonwealth Navigation Act 1912 Section 6 and 8 Regulations 208, 209 and 211 International Code of Signals Code Flag R Regulation 212 Uniform Shipping Laws Code Section 14 Regulation 215 Uniform Shipping Laws Code Sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L, M, 6, 7 (except clauses 74.4 and 74.5), 8A, B and C, 9, 10, 11, 12, 13 Regulation 216 Uniform Shipping Laws Code Section 18 (except clauses 2.4.1, 2.5.1, 2.5.3 and Parts 3 and 4) Regulation 300 Uniform Shipping Laws Code Part 4 of section 2 Regulation 301 Uniform Shipping Laws Code Part 4 of section 3 Regulations 302 and 303 Uniform Shipping Laws Code Sections 2 and 3 Schedule 2—Definition of "buoyancy garment" Australian Standards specification for Buoyancy Garments as published by the Standards Association of Australia on 7 December 1984 as AS 2260–1984 Whole Marine Regulations 1999 S.R. No. 145/1999 161 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Schedule 2—Definition of "buoyancy vest" Australian Standards specification for Buoyancy Vests as published by the Standards Association of Australia on 1 January 1973 as AS 1499–1973; and Australian Standards specification for Buoyancy Vests as published by the Standards Association of Australia on 1 July 1979 as AS 1499–1979; and Australian Standards specification for Buoyancy Vests as published by the Standards Association of Australia on 1 March 1983 as AS 1499–1983 Whole Whole Whole Schedule 2—Definition of "lifejacket" Order made under the Commonwealth Navigation Act 1912 known as Marine Order Part 25 Issue 4 (Order No. 12 of 1998, Appendix 1 Part 2) published by the Australian Maritime Authority on 1 November 1998; Uniform Shipping Laws Code Australian Standards specification for Life Jackets as published by the Standards Association of Australia on 5 July 1973 as AS 1512–1973; Whole Section 16 Lifesaving Appliances, Appendix R Whole Marine Regulations 1999 S.R. No. 145/1999 162 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Australian Standards specification for Life Jackets as published by the Standards Association of Australia on 1 June 1981 as AS 1512–1981; Australian Standards specification for Life Jackets as published by the Standards Association of Australia on 1 March 1983 as AS 1512–1983 Whole Whole Schedule 2—Definition of "personal flotation device type 1" Australian Standards specification for Personal Flotation Devices—Type 1 as published by the Standards Association of Australia on 4 January 1988 as AS 1512–1988; Australian Standards specification for Personal Flotation Devices published by the Standards Association of Australia on 5 January 1996 as AS 1512–1996; Uniform Shipping Laws Code Australian Standards specification for General Requirements for Buoyancy Aids as published by the Standards Association of Australia on 4 January 1988 as AS 2259–1988; Whole Whole Section 10, Lifesaving Appliances, Appendix R Sub-clause 3.5 Marine Regulations 1999 S.R. No. 145/1999 163 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Australian Standards specification for General Requirements for Buoyancy Aids as published by the Standards Association of Australia on 5 January 1996 as AS 2259–1996. Sub-clause 3.5 Schedule 2—Definition of "personal flotation device type 2" Australian Standards specification for Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 4 January 1988 as AS 1499–1988; Australian Standards specification for Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 5 January 1996 as AS 1499–1996. Whole Whole Schedule 2—Definition of "personal flotation device type 3" Australian Standards specification for Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 4 January 1988 as AS 2260–1988; Australian Standards specification for Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 5 January 1996 as AS 2260–1996. Whole Whole —— Marine Regulations 1999 S.R. No. 145/1999 164 The following table of applied, adopted or incorporated matter was provided in S.R. No. 13/2000 for ease of reference to show applied, adopted or incorporated matter in the Principal Regulations as at 7 March 2000. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 103— Definitions of "hand held orange smoke signal" and "hand held red distress flare" Uniform Shipping Laws Code Australian Standard AS 2092–1988 Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft Section 10 Whole Regulation 103— Definition of "Lakes Entrance Bar" Chart AUS 182 "Lakes Entrance" published by the Hydrographic Service, Royal Australian Navy on 30 January 1998 Whole Regulation 103— Definition of "lifebuoy" Uniform Shipping Laws Code Australian Standard AS 2261–1979 Rescue Buoys Australian Standard AS 2261–1990 Rescue Buoys Section 10 Whole Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (a)—dry chemical type Australian Standard AS 1846–1985 Portable Fire Extinguishers—Powder Type Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (b)— carbon dioxide type Australian Standard AS 1847–1985 Portable Fire Extinguishers—Carbon Dioxide Type Whole Marine Regulations 1999 S.R. No. 145/1999 165 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 103— Definition of "portable fire extinguisher" Paragraph (c)—foam (chemical) type Australian Standard AS 1843–1976 Foam (Chemical) Type Portable Fire Extinguishers Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (d)—foam (gas container) type Australian Standard AS 1844–1985 Portable Fire Extinguishers—Foam (Gas Container) Type Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (f)—wet chemical type Australian/New Zealand Standard AS/NZS 1841.3:1997 Portable fire extinguishers Part 3: Specific requirements for wet-chemical type extinguishers Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (e)—foam (stored pressure) type Australian Standard AS 1845–1985 Portable Fire Extinguishers—Foam (Stored Pressure) Type Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (g)—foam type Australian/New Zealand Standard AS/NZS 1841.4:1997 Portable fire extinguishers Part 4: Specific requirements for foam type extinguishers Whole Marine Regulations 1999 S.R. No. 145/1999 166 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 103— Definition of "portable fire extinguisher" Paragraph (h)— powder type Australian/New Zealand Standard AS/NZS 1841.5:1997 Portable fire extinguishers Part 5: Specific requirements for powder type extinguishers Whole Regulation 103— Definition of "portable fire extinguisher" Paragraph (i)—carbon dioxide type Australian/New Zealand Standard AS/NZS 1841.6:1997 Portable fire extinguishers Part 6: Specific requirements for carbon dioxide type extinguishers Whole Regulation 103— Definition of "Port Phillip Heads" Chart AUS 143 "Port Phillip" published by the Hydrographic Service, Royal Australian Navy on 2 May 1973 Whole Regulation 205 Prevention of Collisions Convention Whole except that Annex I, Annex II and Annex III do not apply to vessels on inland waters Regulation 206 Safety Convention Chapter V of the Safety Convention (except regulations 13 and 15) Regulation 206 Commonwealth Navigation Act 1912 Sections 6 and 8 Regulations 209 and 211 International Code of Signals Appendix 2 Code Flag R Marine Regulations 1999 S.R. No. 145/1999 167 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 212 Uniform Shipping Laws Code Section 14 Regulation 215 Uniform Shipping Laws Code Sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L, M, 6, 7 (except clauses 74.4 and 74.5), 8A, B and C, 9, 10, 11, 12, 13 Regulation 216 Uniform Shipping Laws Code Section 18 (except clauses 2.4.1, 2.5.1, 2.5.3 and Parts 3 and 4) Regulation 300 Uniform Shipping Laws Code Part 4 of section 2 Regulation 301 Uniform Shipping Laws Code Part 4 of section 3 Regulations 302 and 303 Uniform Shipping Laws Code Sections 2 and 3 Schedule 2— Definition of "buoyancy garment" Australian Standard AS 2260–1984 Buoyancy Garments Whole Schedule 2— Definition of "buoyancy vest" Australian Standard AS 1499–1973 Buoyancy Vests Australian Standard AS 1499–1979 Buoyancy Vests Australian Standard AS 1499–1983 Buoyancy Vests Whole Whole Whole Marine Regulations 1999 S.R. No. 145/1999 168 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Schedule 2— Definition of "lifejacket" Order made under the Commonwealth Navigation Act 1912 known as Marine Order Part 25 Issue 4 (Order No. 12 of 1998, Appendix 1 Part 2) published by the Australian Maritime Authority on 1 November 1998 Uniform Shipping Laws Code Australian Standard AS 1512–1973 Lifejackets Australian Standard AS 1512–1981 Lifejackets Australian Standard AS 1512–1983 Lifejackets Whole Section 10 Lifesaving Appliances, Appendix R Whole Whole Whole Schedule 2— Definition of "personal flotation device type 1" Australian Standard AS 1512– 1988 Personal Flotation Devices—Type 1 Australian Standard AS 1512– 1996 Personal flotation devices—Type 1 Uniform Shipping Laws Code Whole Whole Section 10, Lifesaving Appliances, Appendix R Marine Regulations 1999 S.R. No. 145/1999 169 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Schedule 2— Definition of "personal flotation device type 1"— continued Australian Standard AS 2259– 1988 General Requirements for Buoyancy Aids Australian Standard AS 2259–1996 General Requirements for Buoyancy Aids Sub-clause 3.5 Sub-clause 3.5 Schedule 2— Definition of "personal flotation device type 2" Australian Standard AS 1499– 1988 Personal Flotation Devices—Type 2 Australian Standard AS 1499– 1996 Personal Flotation Devices—Type 2 Whole Whole Schedule 2— Definition of "personal flotation device type 3" Australian Standard AS 2260– 1988 Personal Flotation Devices—Type 3 Australian Standard AS 2260– 1996 Personal Flotation Devices—Type 3 Whole Whole —— Marine Regulations 1999 S.R. No. 145/1999 170 The following table of applied, adopted or incorporated matter was included in S.R. No. 127/2001 in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 7 which amends regulation 209(2)(d) of the Principal Regulations International Code of Signals Appendix 2 Code Flag R Regulation 8 which amends regulation 211(2)(e) of the Principal Regulations International Code of Signals Appendix 2 Code Flag R