Transport Legislation Amendment (Marine Safety
and Other Amendments) Act 2011
No. 78 of 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—AMENDMENT OF MARINE SAFETY ACT 2010
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Definitions
Amendment of Part 2.5
Masters of recreational vessels must take reasonable care
Persons participating in the operation of a recreational vessel
must take reasonable care
Safety Director may cancel or suspend registration of a vessel
Amendment of Part 3.2 heading
General marine licence
Restricted marine licence
Licence endorsement
Offence to operate or cause or allow commercially operated
vessel to be operated without a safe construction certificate
Application for safe construction certificate
Issue of safe construction certificate by the Safety Director
Offence to operate or cause or allow commercially operated
vehicle to be operated without a safe operation certificate
Application for a safe operation certificate
Issue of safe operation certificate by the Safety Director
Declaration in relation to waters requiring local knowledge
certificates for navigation in those waters
Application for local knowledge certificates
Detention of unsafe vessels
Dangerous operation of a recreational vessel, government
vessel or hire and drive vessel
Part 4.1 definition
Repeal of Part 4.4
When Safety Director may take disciplinary action against
person holding a permission
i
3
3
4
4
5
5
5
5
6
6
6
6
7
7
7
8
8
8
8
9
9
9
9
Section
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Page
Disciplinary actions that may be taken by Safety Director
against a person holding a permission
Requests for waterway rules
General provisions relating to harbour master directions
New Division 3 of Part 8.1 inserted
10
10
10
10
Division 3—Accreditation
10
271A Definition
271B Offence to provide prescribed service unless accredited
271C Offence to breach condition of accreditation
271D Application for accreditation
271E Guidelines in relation to competence and capacity
271F Accreditation
Disclosure of information
General regulation-making powers
Registered vessels—Amendment of transitional provision
Requests for cancellation of personal watercraft endorsements
Waterway rules
Certificates of competency
Consequential amendment of definitions
New sections 389A to 389D inserted
389A Effect of certain infringements
389B Extension of time to object if no actual notice
389C Suspension of operator licence for drink-operator
infringements
389D Application of the Infringements Act 2006 to certain
offences
Repeal of various Parts and provisions
Amendment of consequential amendments
Statute law revision
Amendment of section 228S—Definitions
New section 417A inserted
417A Amendment of section 228ZZPA—Transport safety
infringements
Schedule 2—Subject matter for regulations
Statute law revision
10
11
11
11
11
12
12
12
13
13
13
13
13
14
14
16
PART 3—AMENDMENT OF MARINE ACT 1988
44
45
46
47
17
18
19
19
19
19
20
20
21
22
23
Definitions
Removal of pollution
Functions of the Director
New Division 1A in Part 8 inserted
23
23
23
24
Division 1A—Functions and powers of the Secretary
24
71A
71B
24
24
Functions of the Secretary
Powers of the Secretary
ii
Section
48
49
Page
Amendment of Schedule 4—Particular powers of the Director
Statute law revision
25
25
PART 4—AMENDMENT OF PORT MANAGEMENT ACT 1995
26
50
51
52
53
Price regulation
General power to make determinations
Repeal of Division 4 of Part 3
Repeal of section 73R
PART 5—AMENDMENT OF TRANSPORT INTEGRATION
ACT 2010
54
Functions of Director, Transport Safety
PART 6—REPEAL OF AMENDING ACT
55
Repeal of amending Act
═══════════════
ENDNOTES
26
26
26
27
28
28
29
29
30
iii
Victoria
Transport Legislation Amendment
(Marine Safety and Other
Amendments) Act 2011†
No. 78 of 2011
[Assented to 13 December 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Marine Safety Act 2010 and
the Marine Act 1988 to further provide for
safe marine operations; and
1
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 2
Part 1—Preliminary
(b) to amend the Port Management Act 1995 to
make further provision for the management
of ports; and
(c) to amend the Marine Safety Act 2010 to
enable the enforcement of offences against
the Marine Safety Act 2010, the Marine
Act 1988 and the Port Management Act
1995 by transport safety infringement notice;
and
(d) to make consequential amendments to the
Transport Integration Act 2010.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 October 2012, it comes into
operation on that day.
__________________
2
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
s. 3
PART 2—AMENDMENT OF MARINE SAFETY ACT 2010
3 Definitions
(1) In section 3(1) of the Marine Safety Act 2010—
(a) insert the following definition—
"accreditation means an accreditation
granted under section 271F;";
(b) in the definition of certificate of
competency, after "section 78" insert "or a
certificate or other authority recognised by
the Safety Director, in accordance with the
regulations, as an equivalent to a certificate
issued under section 78";
(c) the definition of marine infringement is
repealed;
(d) in the definition of safe construction
certificate, after "section 65" insert "or a
certificate or other authority recognised by
the Safety Director, in accordance with the
regulations, as an equivalent to a certificate
issued under section 65";
(e) in the definition of safe operation certificate,
after "section 70" insert "or a certificate or
other authority recognised by the Safety
Director, in accordance with the regulations,
as an equivalent to a certificate issued under
section 70".
(2) In section 3(1) of the Marine Safety Act 2010—
(a) for the definition of permission substitute—
"permission means any of the following—
(a) a marine licence;
(b) an endorsement on a marine
licence;
(c) a harbour master licence;
3
See:
Act No.
65/2010
and
amending
Act Nos
65/2010,
29/2011 and
38/2011.
Statute Book:
www.
legislation.
vic.gov.au
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 4
Part 2—Amendment of Marine Safety Act 2010
(d) a pilot licence;
(e) a pilot exemption;
(f) a safe construction certificate;
(g) a safe operation certificate;
(h) a certificate of competency;
(i) an endorsement on a certificate of
competency;
(j) a local knowledge certificate;
(k) registration as a pilotage services
provider under Chapter 7;
(l) registration of a vessel;
(m) an accreditation;";
(b) in the definition of vessel after paragraph (e)
insert—
"(ea) a thing prescribed to be a vessel; and".
4 Amendment of Part 2.5
In the heading to Part 2.5 of the Marine Safety
Act 2010, after "VESSEL" insert "AND HIRE
AND DRIVE VESSEL".
5 Masters of recreational vessels must take reasonable
care
(1) In the heading to section 31 of the Marine Safety
Act 2010, after "vessels" insert "or hire and
drive vessels".
(2) In section 31 of the Marine Safety Act 2010,
after "recreational vessel" (wherever occurring)
insert "or hire and drive vessel".
4
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
6 Persons participating in the operation of a
recreational vessel must take reasonable care
(1) In the heading to section 32 of the Marine Safety
Act 2010, after "vessel" insert "or hire and drive
vessel".
(2) In section 32 of the Marine Safety Act 2010,
after "recreational vessel" (wherever occurring)
insert "or hire and drive vessel".
7 Safety Director may cancel or suspend registration
of a vessel
In section 43(1) of the Marine Safety Act 2010—
(a) in paragraph (c), for "vessel." substitute
"vessel; or";
(b) after paragraph (c) insert—
"(d) the vessel is exempted from registration
by the regulations.".
8 Amendment of Part 3.2 heading
In the heading to Part 3.2 of the Marine Safety
Act 2010 after "VESSELS" insert "AND HIRE
AND DRIVE VESSELS".
9 General marine licence
(1) In section 53(1)(c) of the Marine Safety Act
2010, before "vary" insert "impose conditions or".
(2) In section 53(2)(a)(i) of the Marine Safety Act
2010, after "training" insert "of a prescribed
type".
(3) In section 53(3) of the Marine Safety Act 2010
omit "recreational".
5
s. 6
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 10
Part 2—Amendment of Marine Safety Act 2010
10 Restricted marine licence
(1) In section 54(1)(c) of the Marine Safety Act
2010, before "vary" insert "impose conditions or".
(2) In section 54(2)(a)(i) of the Marine Safety Act
2010, after "training" insert "of a prescribed
type".
(3) In section 54(3) of the Marine Safety Act 2010
omit "recreational".
11 Licence endorsement
In section 55(5)(a)(ii) of the Marine Safety Act
2010, for "training about" substitute "training of a
prescribed type that relates to".
12 Offence to operate or cause or allow commercially
operated vessel to be operated without a safe
construction certificate
For the penalty at the foot of section 62(2) of the
Marine Safety Act 2010 substitute—
"Penalty: 120 penalty units.".
13 Application for safe construction certificate
For section 64(1) of the Marine Safety Act 2010
substitute—
"(1) A person may, in accordance with the
regulations, apply to the Safety Director for a
safe construction certificate in respect of a
commercially operated vessel or a fleet of
commercially operated vessels.".
6
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
14 Issue of safe construction certificate by the Safety
Director
For section 65(1) of the Marine Safety Act 2010
substitute—
"(1) Subject to subsection (2), the Safety Director
may issue a safe construction certificate in
respect of a commercially operated vessel or
a fleet of commercially operated vessels to a
person who has made an application under
section 64.".
15 Offence to operate or cause or allow commercially
operated vehicle to be operated without a safe
operation certificate
For the penalty at the foot of section 67(2) of the
Marine Safety Act 2010 substitute—
"Penalty: 120 penalty units.".
16 Application for a safe operation certificate
For section 69(1) and (2) of the Marine Safety
Act 2010 substitute—
"(1) A person may, in accordance with the
regulations, apply to the Safety Director for a
safe operation certificate in respect of a
commercially operated vessel or a fleet of
commercially operated vessels.
(2) A person may, in accordance with the
regulations, apply to the Safety Director for
approval to use a commercially operated
vessel or a fleet of commercially operated
vessels for recreational purposes if—
(a) the person has made an application
under subsection (1); or
(b) the person has been issued with a safe
operation certificate under section 70.".
7
s. 14
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 17
Part 2—Amendment of Marine Safety Act 2010
17 Issue of safe operation certificate by the Safety
Director
(1) For section 70(1) and (2) of the Marine Safety
Act 2010 substitute—
"(1) Subject to subsection (2), the Safety Director
may issue a safe operation certificate in
respect of a commercially operated vessel or
a fleet of commercially operated vessels to a
person who has made an application under
section 69.
(2) The Safety Director must not issue a safe
operation certificate to a person in respect of
a commercially operated vessel or fleet of
commercially operated vessels unless the
Safety Director is satisfied that the person
has the competence and capacity to operate
the vessel or fleet safely.".
(2) In section 70(6) of the Marine Safety Act 2010,
for "the owner" substitute "a person".
18 Declaration in relation to waters requiring local
knowledge certificates for navigation in those waters
In section 81 of the Marine Safety Act 2010, for
"a vessel" substitute "types or classes of vessel
specified in the notice".
19 Application for local knowledge certificates
In section 82(1) of the Marine Safety Act 2010,
after "issue of a" insert "local knowledge".
20 Detention of unsafe vessels
In section 85(3)(e) of the Marine Safety Act
2010, after "vessel" insert "(if their identity and
whereabouts are known to the Safety Director)".
8
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
21 Dangerous operation of a recreational vessel,
government vessel or hire and drive vessel
In section 87(3) and (4) of the Marine Safety Act
2010, after "not operate" insert ", or cause or
allow a person to operate,".
22 Part 4.1 definition
In section 103(1) of the Marine Safety Act 2010,
for the definition of relevant offence substitute—
"relevant offence means—
(a) an offence against section 87(1);
(b) an offence against section 58(1),
77A(1), 81(2) or 81(6) of the Wildlife
Act 1975;
(c) an offence against regulation 7(1), 7(3),
7(4), 7(5), 7(6), 7(7), 9(1), 9(2), 9(3),
9(4), 9(5) or 14(1) of the Wildlife
(Marine Mammals) Regulations 2009;".
23 Repeal of Part 4.4
Part 4.4 of the Marine Safety Act 2010 is
repealed.
24 When Safety Director may take disciplinary action
against person holding a permission
(1) For section 165(1)(d) of the Marine Safety Act
2010 substitute—
"(d) the person has acted incompetently,
negligently or has engaged in misconduct
relating to the safe navigation, management
or working of a vessel; or".
(2) In section 165(3)(b) of the Marine Safety Act
2010, for "marine infringement" substitute
"transport safety infringement within the meaning
of the Transport (Compliance and
Miscellaneous) Act 1983".
9
s. 21
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 25
Part 2—Amendment of Marine Safety Act 2010
25 Disciplinary actions that may be taken by Safety
Director against a person holding a permission
In section 166(1) of the Marine Safety Act
2010—
(a) in paragraph (f), for "person." substitute
"person;";
(b) after paragraph (f) insert—
"(g) if the permission is a certificate or
authority recognised by the Safety
Director as an equivalent to a certificate
issued under this Act, withdraw
recognition of that certificate or
authority.".
26 Requests for waterway rules
In section 194(3)(b)(v)(C) of the Marine Safety
Act 2010, for "that address" substitute
"in addressing".
27 General provisions relating to harbour master
directions
In section 234(2) of the Marine Safety Act 2010,
for "item 26" substitute "item 24".
28 New Division 3 of Part 8.1 inserted
After Division 2 of Part 8.1 of the Marine Safety
Act 2010 insert—
"Division 3—Accreditation
271A Definition
In this Division—
prescribed service means a service
prescribed for the purposes of this
Division.
10
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
271B Offence to provide prescribed service
unless accredited
A person must not provide a prescribed
service unless that person is accredited under
this Division.
Penalty: 60 penalty units.
271C Offence to breach condition of
accreditation
A person must not breach the conditions of
an accreditation granted to that person.
Penalty: 60 penalty units.
271D Application for accreditation
(1) A person may apply to the Safety Director
for accreditation to provide a prescribed
service.
(2) An application under subsection (1) must—
(a) be in writing; and
(b) specify the name, address and contact
details of the applicant; and
(c) be accompanied by—
(i) evidence of the competence and
capacity of the applicant to
provide the prescribed service;
and
(ii) the prescribed fee.
271E Guidelines in relation to competence and
capacity
(1) The Safety Director must issue guidelines
specifying how an applicant may
demonstrate that the applicant has the
competence and capacity to provide a
prescribed service.
11
s. 28
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 29
Part 2—Amendment of Marine Safety Act 2010
(2) Guidelines issued under this section must be
published on the Safety Director's Internet
site.
271F Accreditation
(1) Subject to subsection (2), the Safety Director
may grant an accreditation to provide a
prescribed service to a person who has made
an application under section 271D.
(2) The Safety Director must not grant an
accreditation to a person to provide a
prescribed service unless the Safety Director
is satisfied that the person has the
competence and capacity to provide the
prescribed service.
(3) An accreditation granted under this section
may be subject to conditions—
(a) imposed by the Safety Director;
(b) prescribed by the regulations.".
29 Disclosure of information
In section 306(2) of the Marine Safety Act
2010—
(a) for "information, in accordance with the
regulations (if any)" substitute
"information";
(b) before paragraph (a) insert—
"(aa) in connection with the administration of
this Act or the regulations; or".
30 General regulation-making powers
(1) In section 309(1)(b) of the Marine Safety Act
2010, for "or issuing" substitute ", issuing or
transferring".
12
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
(2) In section 309(1)(c) of the Marine Safety Act
2010, for "or issuing" substitute ", issuing or
transferring".
(3) In section 309(1)(j) of the Marine Safety Act
2010, after "recreational vessels" insert
", government vessels and hire and drive vessels".
(4) After section 309(1)(l) of the Marine Safety Act
2010 insert—
"(la) services that may be prescribed for the
purposes of Division 3 of Part 8.1;".
31 Registered vessels—Amendment of transitional
provision
In section 320 of the Marine Safety Act 2010,
after "Part 3.1" insert "until registration of that
vessel is transferred to another person".
32 Requests for cancellation of personal watercraft
endorsements
In section 335(1)(a) of the Marine Safety Act
2010, after "watercraft endorsement" insert
"under".
33 Waterway rules
In section 342 of the Marine Safety Act 2010,
after "15(1)" insert "or (2)".
34 Certificates of competency
In section 360 of the Marine Safety Act 2010, for
"80" substitute "78".
35 Consequential amendment of definitions
(1) In section 377(1)(a) of the Marine Safety Act
2010—
(a) omit "channel operator,";
(b) omit "local port,";
(c) omit "port,";
13
s. 31
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 36
Part 2—Amendment of Marine Safety Act 2010
(d) omit "port of Melbourne, Port of
Melbourne Corporation,";
(e) omit "port waters,";
(f) for "vessel, Uniform Shipping Laws Code
and Victorian Regional Channels
Authority" substitute "vessel and Uniform
Shipping Laws Code".
(2) For section 377(1)(e) of the Marine Safety Act
2010 substitute—
'(e) insert the following definitions—
"marine incident has the same meaning as it
has in the Marine Safety Act 2010;
marine licence has the same meaning as it
has in the Marine Safety Act 2010;
registered recreational vessel has the same
meaning as it has in the Marine Safety
Act 2010;
transport safety infringement has the same
meaning as it has in section 228S of the
Transport (Compliance and
Miscellaneous) Act 1983;".'.
36 New sections 389A to 389D inserted
After section 389 of the Marine Safety Act 2010
insert—
'389A Effect of certain infringements
(1) Insert the following heading to section 61A
of the Marine Act 1988—
"61A Effect of certain transport safety
infringements".
14
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
(2) In section 61A(2) of the Marine Act 1988—
(a) for "an infringement notice" substitute
"a transport safety infringement
notice";
(b) for "the infringement notice" substitute
"the transport safety infringement
notice".
(3) In section 61A(3) of the Marine Act 1988,
for "an infringement notice" substitute
"a transport safety infringement notice".
(4) In section 61A(4) of the Marine Act 1988,
for "infringement notice" (wherever
occurring) substitute "transport safety
infringement notice".
(5) In section 61A(5) of the Marine Act 1988,
for "infringement notice" (wherever
occurring) substitute "transport safety
infringement notice".
(6) In section 61A(6) of the Marine Act 1988,
for "infringement notice" (wherever
occurring) substitute "transport safety
infringement notice".
(7) In section 61A(7) of the Marine Act 1988—
(a) for "an infringement notice" substitute
"a transport safety infringement
notice";
(b) for "a marine infringement of a kind
that is prescribed for the purposes of
this Part" substitute "a transport safety
infringement of a kind that is prescribed
for the purposes of Division 4B of
Part VII of the Transport
(Compliance and Miscellaneous) Act
1983";
15
s. 36
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 36
Part 2—Amendment of Marine Safety Act 2010
(c) in paragraph (a)—
(i) for "infringement notice"
substitute "transport safety
infringement notice";
(ii) for "the infringement were"
substitute "the transport safety
infringement were";
(d) in paragraph (b), for "infringement
notice" substitute "transport safety
infringement notice".
(8) In section 61A(8) of the Marine Act 1988,
for "marine infringement notice" substitute
"transport safety infringement notice".
(9) In section 61A(9) of the Marine Act 1988,
for "infringement" substitute "transport
safety infringement".
389B Extension of time to object if no actual
notice
(1) In section 61B(1) of the Marine Act 1988,
for "marine infringement notice" substitute
"transport safety infringement notice".
(2) In section 61B(2) of the Marine Act 1988,
for "infringement notice" substitute
"transport safety infringement notice".
(3) In section 61B(3) of the Marine Act 1988,
for "infringement notice" (wherever
occurring) substitute "transport safety
infringement notice".
(4) In section 61B(3A) of the Marine Act
1988—
(a) for "an infringement notice" substitute
"a transport safety infringement
notice";
16
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
(b) for "an operator licence" substitute
"a marine licence";
(c) for "infringement notice" (where
secondly and thirdly occurring)
substitute "transport safety
infringement notice".
389C Suspension of operator licence for drinkoperator infringements
(1) Insert the following heading to
section 61BA of the Marine Act 1988—
"61BA Suspension of marine licence for
drink-operator transport safety
infringements".
(2) In section 61BA(1) of the Marine Act
1988—
(a) in paragraph (a)—
(i) for "marine infringement notice"
substitute "transport safety
infringement notice";
(ii) for "regulated recreational vessel"
substitute "registered recreational
vessel";
(b) in paragraph (b), for "infringement
notice" (wherever occurring) substitute
"transport safety infringement notice";
(c) in paragraph (c), for "an operator
licence" substitute "a marine licence";
(d) in paragraph (d), for "an operator
licence" substitute "a marine licence".
17
s. 36
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 36
Part 2—Amendment of Marine Safety Act 2010
(3) In section 61BA(2) of the Marine Act
1988—
(a) for "marine infringement notice"
substitute "transport safety
infringement notice";
(b) for "regulated recreational vessel"
substitute "registered recreational
vessel";
(c) in paragraph (a), for "operator licence"
substitute "marine licence";
(d) in paragraph (b), for "infringement
notice" substitute "transport safety
infringement notice";
(e) for "an operator licence" substitute "a
marine licence".
(4) In section 61BA(4) of the Marine Act 1988,
for "operator licence" (wherever occurring)
substitute "marine licence".
(5) In section 61BA(6) of the Marine Act 1988,
for "an infringement notice" substitute "a
transport safety infringement notice".
(6) In section 61BA(7) of the Marine Act 1988,
for "operator licence" substitute "marine
licence".
389D Application of the Infringements Act 2006
to certain offences
In section 61C of the Marine Act 1988, for
"marine infringement notice" substitute
"transport safety infringement notice".'.
18
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
37 Repeal of various Parts and provisions
After section 390(2) of the Marine Safety Act
2010 insert—
"(3) Part 7A of the Marine Act 1988 is
repealed.".
38 Amendment of consequential amendments
(1) For section 391(3) of the Marine Safety Act 2010
substitute—
"(3) Section 65 of the Marine Act 1988 is
repealed.".
(2) Section 391(4) of the Marine Safety Act 2010 is
repealed.
39 Statute law revision
For section 396(1)(a) of the Marine Safety Act
2010 substitute—
'(a) in the heading to the section, after "matters"
insert "or marine safety matters";'.
40 Amendment of section 228S—Definitions
(1) For section 397(1) of the Marine Safety Act 2010
substitute—
'(1) In section 228S(1) of the Transport
(Compliance and Miscellaneous) Act 1983
insert the following definitions—
"commercial marine duty holder means a
person to whom sections 24 to 30 of the
Marine Safety Act 2010 apply;
marine or port law means—
(a) a provision of the Marine Safety
Act 2010 or any regulations made
under that Act;
19
s. 37
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 41
Part 2—Amendment of Marine Safety Act 2010
(b) a provision of the Marine (Drug,
Alcohol and Pollution Control)
Act 1988 or any regulations made
under that Act;
(c) a provision of regulations made
under the Port Management Act
1995;
marine premises means—
(a) the building or facilities used in
connection with the undertaking
of marine operations; and
(b) land on which vessels are stored
but does not include land used for
residential purposes;".'.
(2) After section 397(3) of the Marine Safety Act
2010 insert—
'(4) In section 228S(1) of the Transport
(Compliance and Miscellaneous) Act 1983,
in the definition of transport safety
infringement law, after paragraph (b)
insert—
"(c) a marine or port law;".'.
41 New section 417A inserted
After section 417 of the Marine Safety Act 2010
insert—
'417A Amendment of section 228ZZPA—
Transport safety infringements
(1) After section 228ZZPA(1) of the Transport
(Compliance and Miscellaneous) Act 1983
insert—
"(1A) A member of the police force who has
reason to believe that a person has
committed a transport safety
infringement in relation to a marine or
20
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 2—Amendment of Marine Safety Act 2010
port law may serve a transport safety
infringement notice on that person.".
(2) In section 228ZZPA(2) of the Transport
(Compliance and Miscellaneous) Act 1983
after "subsection (1)" insert "or (1A)".
(3) After section 228ZZPA(3) of the Transport
(Compliance and Miscellaneous) Act 1983
insert—
"(4) Despite section 32(3) of the
Infringements Act 2006, if the
transport safety infringement notice
was served in relation to a marine or
port law by a transport safety officer
who is a staff member of a Council
within the meaning of the Local
Government Act 1989, the
infringement penalty paid under Part 2
of the Infringements Act 2006 must be
paid into the municipal fund of that
Council.".'.
42 Schedule 2—Subject matter for regulations
(1) In item 18 in Schedule 2 to the Marine Safety
Act 2010 for "for vessels undergoing sea trials"
substitute "from the requirement to hold safe
construction and safe operation certificates".
(2) In item 20 in Schedule 2 to the Marine Safety
Act 2010, after "must be" insert "carried or".
(3) After item 20 in Schedule 2 to the Marine Safety
Act 2010 insert—
"20A. The safety equipment that must be carried in
vessels.".
(4) In item 21 in Schedule 2 to the Marine Safety
Act 2010, after "must be" insert "carried or".
(5) In item 22 in Schedule 2 to the Marine Safety
Act 2010, after "must be" insert "carried or".
21
s. 42
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 43
Part 2—Amendment of Marine Safety Act 2010
(6) In item 34 in Schedule 2 to the Marine Safety
Act 2010, after "identification numbers," insert
"identification marks,".
(7) In item 42 in Schedule 2 to the Marine Safety
Act 2010, for "811" substitute "268".
(8) After item 81 in Schedule 2 to the Marine Safety
Act 2010 insert—
"81A. Requirements to be met by applicants for a
marine licence or endorsement.".
(9) In item 92 of Schedule 2 to the Marine Safety
Act 2010, after "Commonwealth" (where
secondly occurring) insert "or a recognised
Classification Society (that is a member of the
International Association of Classification
Societies recognised by the Australian Maritime
Safety Authority)".
43 Statute law revision
For section 419(4) of the Marine Safety Act 2010
substitute—
'(4) In section 83 of the Port Management Act
1995, in paragraph (c) of the definition of
authorised person, for "Marine Act 1988"
substitute "Marine Safety Act 2010".
(4A) In section 88A(2) of the Port Management
Act 1995, for "Marine Act 1988" (wherever
occurring) substitute "Marine Safety Act
2010".'.
__________________
22
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 3—Amendment of Marine Act 1988
s. 44
PART 3—AMENDMENT OF MARINE ACT 1988
44 Definitions
In section 3(1) of the Marine Act 1988—
(a) insert the following definitions—
"Department means the Department of
Transport;
Secretary means the Secretary to the
Department;";
(b) for the definition of vessel substitute—
"vessel has the same meaning as it has in the
Marine Safety Act 2010;".
45 Removal of pollution
(1) In section 38(3) of the Marine Act 1988—
(a) after "occurs" (wherever occurring) insert
"or is likely to occur";
(b) in paragraph (c), omit "used in a transfer
operation".
(2) In section 38(4) of the Marine Act 1988 omit
"the Director or".
46 Functions of the Director
In section 65 of the Marine Act 1988, paragraphs
(ce), (cf) and (jb) are repealed.
23
See:
Act No.
52/1998.
Reprint No. 8
as at
1 January
2011
and
amending
Act Nos
65/2010,
74/2010 and
38/2011.
LawToday:
www.
legislation.
vic.gov.au
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 47
Part 3—Amendment of Marine Act 1988
47 New Division 1A in Part 8 inserted
(1) After Division 1 of Part 8 of the Marine Act 1988
insert—
"Division 1A—Functions and powers of the
Secretary
71A Functions of the Secretary
(1) The functions of the Secretary are—
(a) to advise the Minister on the operation
and administration of marine pollution
legislation; and
(b) to ensure adequate means exist in ports
to enable an effective response to
marine pollution incidents within ports;
and
(c) to take action to deal with marine
pollution incidents occurring in State
waters that are not port waters; and
(d) after consultation with the Environment
Protection Authority, to develop,
review, co-ordinate and administer the
Victorian Marine Pollution
Contingency Plan.
(2) Without derogating from any other functions
or powers of the Secretary under any other
Act, the Secretary may do all things that are
necessary or convenient to enable him or her
to carry out his or her functions under this
Act, including the powers specified in
section 71B.
71B Powers of the Secretary
(1) The Secretary may direct a specified person
or body to participate in the Victorian
Marine Pollution Contingency Plan by
providing and maintaining equipment,
24
Transport Legislation Amendment (Marine Safety and Other Amendments)
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No. 78 of 2011
Part 3—Amendment of Marine Act 1988
training personnel and responding to marine
pollution incidents as directed by the
Secretary.
(2) In this section—
specified person or body means—
(a) port management bodies, local
port managers, waterway
managers, channel operators, port
operators (as defined in the Port
Management Act 1995),
committees of management of
Crown land within designated
ports, oil terminal operators and
chemical terminal operators; and
(b) any other person or body, or
person or body who is a member
of a class of person or body,
specified in an Order made by the
Governor in Council for the
purposes of this section and
published in the Government
Gazette.".
48 Amendment of Schedule 4—Particular powers of
the Director
In Schedule 4 to the Marine Act 1988, the
heading preceding item 22, and item 22, are
repealed.
49 Statute law revision
In the heading to section 126 of the Marine Act
1988, for "Magistrate's Court" substitute
"Magistrates' Court".
__________________
25
s. 48
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 50
Part 4—Amendment of Port Management Act 1995
PART 4—AMENDMENT OF PORT MANAGEMENT ACT 1995
50 Price regulation
See:
Act No.
82/1995.
Reprint No. 5
as at
31 July 2009
and
amending
Act Nos
82/1995,
69/2009,
93/2009,
6/2010,
45/2010,
65/2010,
74/2010 and
38/2011.
LawToday:
www.
legislation.
vic.gov.au
For section 49(c) of the Port Management Act
1995 substitute—
"(c) the following are prescribed services—
(i) the provision of channels for use by
shipping in port of Melbourne waters,
including the Shared Channels used by
ships bound either for the port of
Melbourne or for the port of Geelong;
(ii) the provision of berths, buoys or
dolphins in connection with the
berthing of vessels carrying container
or motor vehicle cargoes in the port of
Melbourne;
(iii) the provision of short term storage or
cargo marshalling facilities in
connection with the loading or
unloading of vessels carrying container
or motor vehicle cargoes at berths,
buoys or dolphins in the port of
Melbourne.".
51 General power to make determinations
After section 54(2) of the Port Management Act
1995 insert—
"(3) The Commission must not make a
determination under this section in relation
to prescribed services unless it has the
approval of the Minister administering this
Act to do so.".
52 Repeal of Division 4 of Part 3
Division 4 of Part 3 of the Port Management Act
1995 is repealed.
26
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 4—Amendment of Port Management Act 1995
53 Repeal of section 73R
Section 73R of the Port Management Act 1995
is repealed.
__________________
27
s. 53
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
s. 54
Part 5—Amendment of Transport Integration Act 2010
PART 5—AMENDMENT OF TRANSPORT INTEGRATION
ACT 2010
54 Functions of Director, Transport Safety
See:
Act No.
6/2010.
Reprint No. 1
as at
1 September
2010
and
amending
Act Nos
13/2009,
6/2010,
54/2010,
65/2010,
79/2010,
34/2011,
35/2011,
38/2011 and
49/2011.
LawToday:
www.
legislation.
vic.gov.au
Section 173(1)(b)(vi) of the Transport
Integration Act 2010 is repealed.
__________________
28
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Part 6—Repeal of amending Act
PART 6—REPEAL OF AMENDING ACT
55 Repeal of amending Act
This Act is repealed on 1 October 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
29
s. 55
Transport Legislation Amendment (Marine Safety and Other Amendments)
Act 2011
No. 78 of 2011
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 8 November 2011
Legislative Council: 24 November 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Marine Safety Act 2010, the Marine Act 1988, the Port Management
Act 1995 and the Transport Integration Act 2010 and for other
purposes."
30