Outcomes Statement between Transport
Safety Victoria and Victoria Police
1
1
Introduction
1.1
Interpretation
(a)
In this Outcomes Statement:
Commencement Date means the date on which the last Party signs
this Outcomes Statement;
GST means any tax imposed under any GST Law and includes GST
within the meaning of the GST Act;
GST Act means the A New Tax System (Goods and Services Tax)
Act 1999 (Cth) as amended;
GST Law means the GST Law as defined in the GST Act and includes
any Act of the Parliament of Australia that imposes or deals with GST;
Marine Safety Services means the transport safety regulation and
investigation services undertaken by Victoria Police on behalf of the
Safety Director, as set out in clause 3 to this Outcomes Statement;
Marine Safety Services Payment means the annual lump sum
payment, an appropriation within the meaning of the GST Act, paid by
TSV to Victoria Police for Marine Safety Services, the amount of which
is determined by the Safety Director annually;
MOU means the Memorandum of Understanding between the Safety
Director and Victoria Police;
Tax Invoice has the same meaning as in the GST Law.
(b)
1.2
1.3
Capitalised terms used in this Outcomes Statement not defined under
clause 1.1(a) have the same meaning prescribed to that term in the
MOU.
Purpose
(a)
The purpose of this Outcomes Statement is to set out formal funding
arrangements by the Director, Transport Safety (Safety Director) to the
Victoria Police for the provision of specified support associated with the
enforcement of Relevant Marine Safety Law.
(b)
This Outcomes Statement should be read in conjunction with, and with
reference to the MOU, including the definitions, roles and
responsibilities and privacy and confidentiality undertakings referred to
therein.
Term
(a)
This Outcomes Statement will commence on the Commencement Date
and will expire five years from the Commencement Date.
(b)
Either party may unilaterally terminate the agreement by giving the other
party at least 30 days’ notice in writing.
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1.4
No prohibition on statutory functions
Nothing in this Outcomes Statement should be construed as preventing or
inhibiting either the Safety Director or Victoria Police from acting in the proper
performance of their respective statutory or other public functions.
1.5
2
Review
(a)
The Parties will formally review this Outcomes Statement twelve (12)
months after the Commencement Date and subsequent to that, at
regular intervals not exceeding three (3) years or as agreed between the
Parties.
(b)
Either Party may reasonably request a review of this Outcomes
Statement at any time.
Regulatory framework
The regulatory framework under which this Outcomes Statement operates
includes, but is not limited to:
(a)
the following legislation:
(i)
Relevant Marine Safety Law;
(ii)
TCMA;
(iii) Transport Integration Act; and
(iv) Information Privacy Act 2000 (Vic); and
(b)
the Marine Enforcement Policy, which:
(i)
the Safety Director is obliged to develop and maintain; and
(ii)
Victoria Police must have regard to when performing duties and
exercising functions under the Relevant Marine Safety Law.
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Marine Safety Services
3.1
Content of the Marine Safety Services
In consideration of the Marine Safety Services Payment, the Victoria Police
agree to:
(a)
conduct compliance and enforcement activities related to the Relevant
Marine Safety Law including (but not limited to):
(i)
vessel registration compliance checks;
(ii)
marine licence and/or certificate of competency checks;
(iii)
compliance checks on operators with respect to requirements to
carry certain prescribed items of safety equipment;
(iv)
compliance checks on operators and occupants with respect to
requirements to wear personal flotation devices;
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(v)
in relation to safe operation certificates for commercial vessels,
carry out compliance checks to verify that:
a. safe operation certificates are displayed on board;
b. the vessels are operated within the limits on their certificate;
c. the vessels are operated with the crew required on their
certificate;
d. the vessels are operated within the maximum number of
passengers indicated on their certificate; and
(vi)
3.2
in relation to safe construction certificates for commercial vessels,
carry out compliance checks to verify that safe construction
certificates are displayed on board;
(b)
provide a statistical report to TSV on a quarterly basis (or otherwise as
agreed by the Parties), reporting on the activities undertaken under
clause 3.1(a)(i)-(vi) in the format prescribed in Schedule 1 to this
Outcomes Statement. TSV may request additional information in
addition to that specified in Schedule 1 from time to time;
(c)
provide advice to the Safety Director on vessel operating and zoning
regulations;
(d)
where appropriate, participate in TSV’s maritime safety education
campaigns;
(e)
collect and input data into the MSS pertaining to marine incidents
occurring in Victorian State Waters, and use best endeavours to ensure
that the data is recorded accurately;
(f)
investigate recreational boating incidents on behalf of the Safety
Director; and
(g)
purchase and maintain any necessary equipment required to deliver the
services described in paragraphs (a) to (f) above under this Outcomes
Statement, including but not limited to:
(i)
vessels; and
(ii)
hardware and software used to access the MSS by approved
Victoria Police members.
Relationship between Outcomes Statement and other documents
Victoria Police will use reasonable endeavours to ensure that the delivery of
the agreed services:
(a)
conforms with the Marine Enforcement Policy; and
(b)
is undertaken in the spirit of the MOU.
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4
Marine Safety Services Payment
4.1
Invoicing and Payment
4.2
(a)
Victoria Police will submit to TSV a Tax Invoice in respect of the
Marine Safety Services on an annual basis.
(b)
Subject to clause 4.2, TSV will, within 30 days of receipt of the Tax
Invoice pursuant to clause 4.1(a), pay to Victoria Police the Marine
Safety Services Payment.
GST
(a)
In this clause 4.2:
(i)
words and expressions which are not defined in this Outcomes
Statement but which have a defined meaning in GST Law have
the same meaning as in the GST Law;
(ii)
references to GST payable and input tax credit entitlement include
GST payable by, and the input tax credit entitlement of, the
representative member for a GST group of which the entity is a
member.
(b)
The Marine Safety Services Payment is currently not subject to GST.
(c)
In the event that GST becomes payable on the Marine Safety Services
Payment, TSV will notify Victoria Police.
(d)
Where a Party is required under this Outcomes Statement to pay or
reimburse an expense or outgoing of another party, the amount to be paid
or reimbursed by the first party will be the sum of:
(e)
(i)
the amount of the expense or outgoing less any input tax credits in
respect of the expense or outgoing to which the other party is
entitled; and
(ii)
if the payment or reimbursement is subject to GST, an amount
equal to that GST.
This clause 4.2 does not merge in the completion or termination of this
Outcomes Statement or on the transfer of the property supplied under this
Outcomes Statement.
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5
Dispute Resolution
If there is a dispute between the Parties arising out of or in connection with this
Outcomes Statement, the Parties agree as follows:
(a)
to follow any procedure that may be set out in any protocol held by a Party
to resolve the dispute; or
(b)
if there is no protocol to resolve a particular dispute, the disputing Party
will notify the non-disputing Party in writing of the existence of the dispute
and the Parties agree:
(i)
to use their reasonable endeavours to resolve the dispute; and
(ii)
if the Parties cannot resolve the dispute within seven (7) days of
the issue first being brought to the attention of the non-disputing
Party, to refer the matter to the Relationship Managers, who are
nominated under the MOU, for resolution.
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Execution
SIGNED for and on behalf of
Transport Safety Victoria
in the presence of:
)
)
)
)
)
Witness (Signature)
(Signature)
Witness (Print name)
(Print Name)
Date:
__________________________
SIGNED for and on behalf of Victoria
Police in the presence of:
)
)
)
)
)
Witness (Signature)
(Signature)
Witness (Print name)
(Print Name)
Date:
__________________________
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Schedule 1: Quarterly statistical report (clause 3.1(b))
In accordance with clause 3.1(b), the statistical report to be provided by Victoria
Police to TSV is will be submitted:
(a) in an Excel spreadsheet format;
(b) by email to the TSV Relationship Manager; and
(c) with the following reporting criteria, or other criteria as may be agreed to by
the Parties from time to time:
Activity
Total number of
checks performed
Results of activity
Actions
[Refer to relevant
activity as set out
in sub-clause
3(a)(i)-(vi)]
[Total number of
checks performed]
[Number of
instances of noncompliance
identified]
[Action taken to
address noncompliance, e.g.
number of
warnings and
infringement
notices issued]
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