Table of provisions Section Page Part 1—Preliminary 4



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Minister
declarations

3

powers regarding


acquisition of land

66A


advisory committees

71

costs of removing pollution



38

international conventions

54, 56–57

pollution from vessels

45–47, 52

Subject
Section
Navigation
Director's powers

Sch. 4


obstructions to

99A, 99B


safety of

Schs 2, 3



Navigation aids
definition

3

interference with



91–91A

non-compliance with navigation aid standards

66B, 92A

Offences
adverse publicity orders

85AX


alcohol and drug-related offences

27–28D


application of Part 10AA

112B, 112C

marine infringements

60–62


place where committed

100


proceedings

85AV, 87


regarding
accidents

20

authorised officers



112H

blood tests

31, 31A

breach of registration conditions



8

breath tests and analysis

28

bribery


93

certificates of competency

99D

certificates of survey



99F

contravention of embargo notices

112D

contravention of prohibition directions



112E

contravention of regulations

55, 58

crews


94

deck or load lines

99

disclosure of information



101A

disqualified operators of recreational vessels

123

distress signals



25

endangering vessels or crews

23, 95

exclusion orders



85AU

failure to assist people in distress

26

failure to obey directions to vessels



21

failure to surrender operator's licence

28C

false statements



89A

fishing vessels

20A

forgery


90

harbour masters

26A, 26HC, 94

hire and drive vessel licensing offences

115A–115B, 134A–134E

impersonation of inspectors

75

improvement notices



85AC

information for police, authorised officers

18–19

inspector's identity cards



73, 74

lights


85A

navigation aids

91–91A, 92A

non-compliance with directions

26HB, 92A

non-compliance with inspectors' requests

83A

Subject
Section
obstruction of harbour masters

26HB


obstruction of inspectors, officers

92

obstructions to navigation



99A

operation of vessels

14–15, 22, 22A

personal watercraft

115–115A, 129, 134, 134E

pilotage services providers

26Q–26R, 26T

pilots


95–96

pollution

39, 46–50

prohibition notices

85AI

recreational vessel licensing offences



115, 129–134

refusal to allow inspection of vessels

13

supervisory intervention orders



85AS

tampering with vessels

24

trading vessels



20A

uncertified crews, masters

94

underage operators



17

unlicensed operators

115–115B, 134, 134E

unregistered pilotage services providers

26R

unregistered vessels



8

unsafe vessels

98

unsurveyed vessels



97

summary jurisdiction in indictable offences

110

See also Sentencing orders
Oil pollution See Pollution
Operator licences
appeals

28D, 124–128

cancellation

22, 28A, 28D, 31A, 61B, 119, 121, 134C

disqualification

22, 28A, 31A, 61B–61BA,

121–123, 131, 134C

general operator licence (def.)

113

granting of



116

hire and drive vessel offences

115A–115B, 134A–134E

interstate or overseas licences

130, 134B–134C, 149

operate (def.)

113

operator licence (def.)



3

personal watercraft endorsement

113, 118–120

purposes


114

recreational vessel offences

115, 129–134

restricted operator licences

113, 115B, 117, 134E


Subject
Section
surrender

28C–28D, 61BA

suspension

28A, 28C–28D, 61B–61BA, 119, 121–122, 131, 134C

tests

120


transitional provisions

135


unlicensed operators

115–115B, 134, 134E

variation

119


Overseas voyages

6, 59


Owners of vessels
duties

8, 18, 20

liability for oil spills

47

offences



46, 94, 97–99, 99F, 134E

Personal watercraft
appeals against endorsement decisions

125


definition

113


endorsement of operator licence for

113, 118


hire and drive personal watercraft

3, 115A, 134A, 134E

interstate licences

149


licensing offences

115–115A, 129, 134, 134E

regulated recreational vessel (def.)

3

revocation of endorsement



119

tests


120

unlicensed operators

115–115A, 134

Persons in charge of vessels
alcohol and drug-related offences

27–28


duties

8, 19–21, 26



Pilotage services (def.)

3

Pilotage services providers


definition

3

Director's powers



Sch. 4

records to be kept

26Q

Register


26O

registration


cancellation

85

certificates



26N

changes in information

26P

conditions



26S

duration


26L

granting of

26K

notice of intention to provide services



26J

renewal


26M

suspension

84–85

safety standards



26S–26T, Sch. 6

unregistered providers

26R

Subject
Section
Pilots
deemed to be in charge of vessel

28

definition



3

Director's powers

Sch. 4

endangering a vessel



95

failure to use services of

96

limited liability



104

pilot ladders and mechanical hoists

Sch. 2

Police powers
regarding
arrest without warrant

86

breath tests and analysis



29–31

bringing of proceedings

87

demanding information



18–19

directions to vessels

21

embargo notices



112D

entry of vessels

77

inspection of vessels



13

marine infringement notices

60

moving, taking charge of vessels



86–86A

prohibition on operation of vessels

14, 112E

seizure of registration plates

12

suspension of operator licences



28C

Pollution
application of penalties

49

appropriate authority's power to issue notices



39

caused by escape of oil

47

caused by places on land or transfer operations



38, 39

caused by vessels

38, 45–46

definitions

34, 38A, 47

evidence


50

Minister's powers

45–47, 52

non-compliance with Minister's notice

46

oil and oily mixtures (def.)



34

prohibited discharges

34, 38, 45

prosecutions

48

recovery of costs



38–39, 47

removal


38

saving of other laws

35

service of notices



51

Port management bodies
authorisation of persons to inspect vessels

13

definition



3

non-compliance with navigation aid standards

66B, 92A

powers regarding boating activities

16

Port of Melbourne Corporation
authorisation of persons to act as assistant harbour masters
26B

definition

3

duty to engage harbour masters



26A

Subject
Section
Port waters (def.)

3

Ports (def.)

3

Prevention of Collisions Convention



See Convention on the International Regulations for Preventing Collisions at Sea, 1972
Prior convictions
for alcohol and drug-related offences

27–28B


for marine infringements

62

Proceedings

87

Prohibited discharges See Pollution


Prohibition notices
amendment

85AJ


certificates

85AL


contravention

85AI


directions

85AH


proceedings not affected by

85AM


review

85AO, 85AP

reviewable decisions

85AN


service

85AH


withdrawal

85AK


Protocol of 1978 relating to the Safety Convention

53–54, Sch. 3



Recreational vessels
application of Act to voyages of

6

dangerous operating



22

declarations

3

definition



3

embargo notices

112D

general recreational vessel (def.)



113

licensing offences

115, 129–134

offences involving alcohol and drugs

28A, 28C–28D, 31A, 61BA

prohibition on operation of

112E

register not evidence of title



10A

regulated recreational vessels (def.)

3

See also Hire and drive vessels;

Operator licences;

Vessels – Registration
Register of Pilotage Service Providers

26O


Regulations
power to make and matters provided for

105, Sch. 5

regarding fees

108–109


regarding international conventions

55–56, 58–59

regarding waterway managers

108A


Uniform Shipping Laws Code in

106


Relevant marine safety law (def.)

3

Review

85, 85AN–85AP

Safety Convention See International Convention for the Safety of Life at Sea, 1974


Safety education

109


Subject
Section
Sentencing orders
commercial benefits penalty orders

85AQ


exclusion orders

85AT, 85AU

supervisory intervention orders

85AR, 85AS

undertakings

85AV, 85AW



Service of notices
general provisions

101


on vessels in relation to pollution

45, 51


Signals

Schs 1, 2



Speed
evidentiary provisions

88, 89


State waters (def.)

3

Supreme Court


limitation of jurisdiction

107A–107C



Survey of vessels
application of Act to

6

Director's powers



Sch. 4

vessels without certificate of survey in force

97

Tankers

34, 47


Trading vessels
accidents

20

application of Act to voyages of



6

damage, defects

20A

definition



3

matters to be reported to Director

20A

Transitional provisions

135, 148–160



Uniform Shipping Laws Code

3, 106–107



VCAT

85, 85AP


Vessels
accidents

20, 31A


Act presumed to apply to

102


acts likely to endanger

23

application of Act to voyages of



6

careless operating

22A

conduct


Sch. 1

connection with Victoria

6

dangerous operating



22

deck or load lines

99, Sch. 4

definitions

3, 53, 121

detention

98

directions to



21

Director's powers

15, Sch. 4

distress signals

25, Schs 1, 2

harbour master's powers

26D–26F

inspection



13

investigations

26, 82D–85

masters' duties, liability

26G, 94, 96–99

owners' duties, liability

3, 8, 18, 20, 46–47, 94, 97–99, 134E

Subject
Section
person in charge's duties, liability

8, 19–21, 26

police powers

86–86A


pollution caused by

38, 45–47

prohibition on operation

14–15


regulation of operation of

15

removal, prohibited entry



66B, 92A, Sch. 4

seizure and sale

103

speed (evidentiary provisions)



88–89

survey


Sch. 4

tampering with

24

uncertified crew members and masters



94

underage operators

17

unsafe vessels



98

unsurveyed vessels

97

vessel under way (def.)



27

See also Alcohol and drug-related offences;

Fishing vessels;

Hire and drive vessels;

Operator licences;

Recreational vessels;

Trading vessels;

Vessels – Registration
Vessels – Registration
breach of conditions

8

cancellation



11, 85, 132

evidentiary provisions

89

granting of



10

name vessel registered in

9

renewal


10

requirement to be registered

8

seizure of registration plates



12

suspension

11, 84–85

transfer


10

unregistered vessels

8

vessels provisions apply to



7

Victorian Marine Pollution Contingency Plan
definition

3

Director's powers



Sch. 4

protection from liability of participants

66D

Victorian Regional Channels Authority

3, 26A


Waterway managers

authorisation of person to act as assistant harbour masters


26B

authorisation of persons to inspect vessels

13

definition



3

delegation

112

duty to engage harbour masters



26A

functions, powers

111, 112

non-compliance with navigation aid standards

66B, 92A

powers regarding boating activities



16






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