Part 11—Savings and Transitional Provisions, Repeals and Consequential Amendments

Division 1—Savings and transitional provisions

(1) In this section—

(2) On the commencement of this section the former Board is abolished and its members go out of office.

(3) On that commencement—

(a) all rights, property and assets that immediately before that commencement were vested in the former Board are, by force of this subsection, vested in the new Board; and

(b) all debts, liabilities and obligations of the former Board existing immediately before that commencement become, by force of this subsection, debts, liabilities and obligations of the new Board; and

(c) the new Board is, by force of this subsection, substituted as a party to any arrangement or contract entered into by or on behalf of the former Board as a party and in force immediately before that commencement; and

(d) the new Board is, by force of this subsection, substituted as a party to any proceedings pending in any court to which the former Board was a party immediately before that commencement; and

(e) any reference to the former Board in any Act or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984, or in any other document, must, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, be construed as a reference to the new Board.

Pt 11 Div. 2 repealed, new Pt 11 Div. 2 (Heading and s. 149) inserted by No. 93/2000 s. 23.

A person—

(a) who is, on the commencement of section 22 of the Marine (Amendment) Act 2000, the holder of a licence or authority issued in another State or Territory of the Commonwealth, which is the equivalent of an operator licence; and

(b) who is a resident of Victoria; and

is deemed to be the holder of an operator licence, with a personal watercraft endorsement, (where the licence held by the person so authorises) for a period of 3 years from the commencement of section 22 of that Act, unless the licence issued in the other State or Territory is cancelled or expires before that commencement.

Pt 11 Div. 3 (Heading and ss 160, 161) repealed by No. 20/1993 s. 27(2)(d), new Pt 11 Div. 3 (Heading and ss 150–153) inserted by No. 77/2001 s. 9.
Division 3—Transitional provisions—Marine (Further Amendment) Act 2001
S. 150 inserted by No. 77/2001 s. 9.

s. 150

150 Definitions

In this Division—

(1) On the relevant day—

(a) the Board is abolished and each person holding office as a director of the board of directors of the Board goes out of office; and

(b) all rights, property and assets that, immediately before the relevant day, were vested in the Board, vest in the Director on behalf of the Crown; and

(c) all debts, liabilities and obligations of the Board existing immediately before the relevant day, become debts, liabilities and obligations of the Director, on behalf of the Crown; and

(d) the Director, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Board was a party immediately before the relevant day; and

(e) the Director, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Board and in force immediately before the relevant day; and

(f) any reference to the Board in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the relevant day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Director, on behalf of the Crown.

(2) Nothing effected under subsection (1) or done or suffered under subsection (1)—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong;

(b) is to be regarded as placing any person in breach of, or as constituting a default under any Act or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information;

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

152 Winding-up of the Marine Fund

All money standing to the credit of the Marine Fund immediately before the relevant day is to be paid into the Consolidated Fund.

(1) A transferred employee is to be regarded as—

(a) having been employed under Part 3 of the Public Sector Management and Employment Act 1998, with effect from the relevant day; and

(b) despite section 151 being employed from the relevant day by the Secretary; and

(c) having been so employed on the same terms and conditions as those that applied to him or her immediately before the relevant day as an officer or employee of the Board; and

(d) having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Sector Management and Employment Act 1998 that is equivalent to the entitlement that he or she had accrued, as an officer or employee of the Board, immediately before the relevant day.

(2) The service of a transferred employee as an employee under Part 3 of the Public Sector Management and Employment Act 1998 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant day, as an officer or employee of the Board.

(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Board because of the operation of this section.

(4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant day, employed, by virtue of this section, under Part 3 of the Public Sector Management and Employment Act 1998, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

(5) The superannuation entitlements of a transferred employee are to be taken not to be affected by that person becoming a transferred employee.

(6) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the relevant day; or

(b) a transferred employee from resigning or being dismissed at any time after that commencement in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Sector Management and Employment Act 1998.

S. 154 inserted by No. 77/2001 s. 21(2).

s. 154

154 Saving of existing Orders

The substitution of clause 22 of Schedule 4 by section 21(1) of the Marine (Further Amendment) Act 2001 does not affect the validity of any Order made under that clause that was in force immediately before the date of commencement of that section.

Pt 11 Div. 4 (Heading and s. 155) inserted by No. 46/2002 s. 16.

(1) The amendment to section 28(1)(e) of this Act made by section 15 of the Road Safety (Responsible Driving) Act 2002 only applies to offences alleged to have been committed after the commencement of that amendment.

(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement referred to in that subsection, the offence is alleged to have been committed after that commencement.

Pt 11 Div. 5 (Heading and ss 156–159) inserted by No. 9/2004 s. 21.

A person who was, immediately before the commencement of section 22(1) of the Marine (Amendment) Act 2004 the holder of a certificate of service (within the meaning of this Act, and as in force immediately before that commencement) is deemed to continue to be, on and from that commencement, the holder of such a certificate, and Schedule 4 to this Act, as it applied to any such certificates, immediately before that commencement, is deemed to continue to so apply to such a certificate.

(a) is deemed to be, on and from that commencement, a waterway manager for the waters in respect of which that person or body had been declared to be a local authority; and

(b) any reference in the declaration made under section 3(3)(b) to the person or body as a local authority is to be construed as a reference to the person or body as a waterway manager and the declaration may be amended or revoked accordingly.

A person who was, immediately before the commencement of section 8 of the Marine (Amendment) Act 2004—

(a) a harbour master engaged under this Act as in force immediately before that commencement, continues on and from that commencement, to be so engaged; or

(b) authorised to act as a harbour master under this Act, as in force immediately before that commencement, is deemed, on and from that commencement, to be so authorised, as if the authorisation had been made under section 26B of this Act.

Pt 11 Div. 6 (Heading and s. 160) inserted by No. 30/2010 s. 89.

The amendments to section 126 of this Act made by section 88 of the Justice Legislation Amendment Act 2010 apply to orders of disqualification, cancellation, suspension or variation made on or after the commencement of section 88 of that Act.

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SCHEDULES

SCHEDULE 1

Sch. 1

Section 53

Convention on the International Regulations for Preventing Collisions at Sea, 1972

ARTICLE I

General Obligations

The Parties to the present Convention undertake to give effect to the Rules and other Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, (hereinafter referred to as "the Regulations") attached hereto.

ARTICLE II

Signature, Ratification, Acceptance, Approval and Accession

1. The present Convention shall remain open for signature until 1 June 1973 and shall thereafter remain open for accession.

2. States Members of the United Nations, or of any of the Specialized Agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to this Convention by:

(a) signature without reservation as to ratification, acceptance or approval;

(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or

(c) accession.

3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the inter-Governmental Maritime Consultative Organization (hereinafter referred to as "the Organization") which shall inform the Governments of States that have signed or acceded to the present Convention of the deposit of each instrument and of the date of its deposit.

ARTICLE III

1. The United Nations in cases where they are the administering authority for a territory or any Contracting Party responsible for the international relations of a territory may at any time by notification in writing to the Secretary-General of the Organization (hereinafter referred to as "the Secretary-General"), extend the application of this Convention to such a territory.

2. The present Convention shall, upon the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.

3. Any notification made in accordance with paragraph 1 of this Article may be withdrawn in respect of any territory mentioned in that notification and the extension of this Convention to that territory shall cease to apply after one year or such longer period as may be specified at the time of the withdrawal.

ARTICLE IV

1. (a) The present Convention shall enter into force twelve months after the date on which at least 15 States, the aggregate of whose merchant fleets constitutes not less than 65 per cent by number or by tonnage of the world fleet of vessels of 100 gross tons and over have become Parties to it, whichever is achieved first.

(b) Notwithstanding the provisions in sub-paragraph (a) of this paragraph, the present Convention shall not enter into force before 1 January 1976.

2. Entry into force for States, which ratify, accept, approve or accede to this Convention in accordance with Article II after the conditions prescribed in sub-paragraph 1(a) have been met and before the Convention enters into force, shall be on the date of entry into force of the Convention.

3. Entry into force for States which ratify, accept, approve or accede after the date on which this Convention enters into force, shall be on the date of deposit of an instrument in accordance with Article II.

4. After the date of entry into force of an amendment to this Convention in accordance with paragraph 4 of Article IV, any ratification, acceptance, approval or accession shall apply to the Convention as amended.

5. On the date of entry into force of this convention, the Regulations replace and abrogate the International Regulations for Preventing Collisions at Sea, 1960.

6. The Secretary-General shall inform the Governments of States that have signed or acceded to this Convention of the date of its entry into force.

ARTICLE V

Revision Conference

2. The Organization shall convene a Conference of Contracting Parties for the purpose of revising this Convention or the Regulations or both at the request of not less than one-third of the Contracting Parties.

ARTICLE VI

Amendments to the Regulations

1. Any amendment to the Regulations proposed by a Contracting Party shall be considered in the Organization at the request of that Party.

2. If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization, such amendment shall be communicated to all Contracting Parties and Members of the Organization at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate when the amendment is considered by the Assembly.

3. If adopted by a two-thirds majority of those present and voting in the Assembly, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.

4. Such an amendment shall enter into force on a date to be determined by the Assembly at the time of its adoption unless, by a prior date determined by the Assembly at the same time, more than one-third of the Contracting Parties notify the Organization of their objection to the amendment. Determination by the Assembly of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.

5. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers.

6. The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.

ARTICLE VII

1. The present Convention may be denounced by a Contracting Party at any time after the expiry of five years from the date on which the Convention entered into force for that Party.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument, after its deposit.

ARTICLE VIII

Deposit and Registration

1. The present Convention and the Regulations shall be deposited with the Organization, and the Secretary-General shall transmit certified true copies thereof to all Governments of States that have signed this Convention or acceded to it.

2. When the present Convention enters into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

ARTICLE IX

The present Convention is established, together with the Regulations, in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.

INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

PART A—GENERAL

RULE 1

(a) These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.

(d) Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, without interfering with the special function of the vessel, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect to that vessel.

RULE 2

(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.

RULE 3

For the purpose of these Rules, except where the context otherwise requires:

(b) The term "power-driven vessel" means any vessel propelled by machinery.

(c) The term "sailing-vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

(d) The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.

(e) The word "seaplane" includes any aircraft designed to manoeuvre on the water.

(f) The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

(g) The term "vessel restricted in her ability to manoeuvre" means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

The following vessels shall be regarded as vessels restricted in their ability to manoeuvre:

(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;

(ii) a vessel engaged in dredging, surveying or underwater operations;

(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;

(iv) a vessel engaged in the launching or recovery of aircraft;

(v) a vessel engaged in mine sweeping operations;

(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

(i) The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

(j) The words "length" and "breadth" of a vessel mean her length overall and greatest breadth.

(k) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.

(l) The term "restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.