Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009

i Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 S.R. No. 125/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Definitions 1 4 Prescribed information standard 3 5 Modification of Australian Builders Standard 5 6 Transitional 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2009 S.R. No. 125/2009 Fair Trading Act 1999 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 The Governor in Council makes the following Regulations: Dated: 21 October 2009 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe an information standard for recreational vessels. 2 Authorising provisions These Regulations are made under sections 47 and 165 of the Fair Trading Act 1999. 3 Definitions In these Regulations— aquatic toy means an object designed primarily for play in or on water, including the following— (a) an object designed solely to be towed behind a recreational vessel; -- 2 of 8 -- S.R. No. 125/2009 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 2 (b) an inflatable boat, other than an inflatable boat to which ISO 6185 applies; Australian Builders Plate means a plate that displays information in accordance with the Australian Builders Plate Standard about the vessel to which it is fixed; Australian Builders Plate Standard means the "National Standard for the Australian Builders Plate for Recreational Boats", edition 3, incorporating Amendment 1 published by the National Marine Safety Committee on 21 November 2005; certificate of survey means a certificate issued under section 99E of the Marine Act 1988; ISO 6185 means ISO 6185 (Inflatable boats) Parts 1, 2 and 3, published by the International Organization for Standardization in 2001; owner builder, of a vessel, means an individual who builds the vessel for the individual's own use; personal watercraft means a vessel— (a) propelled by means of an inboard motor powering a water jet pump; and (b) designed to be steered by means of handlebars by a person sitting, standing or kneeling on the vessel and not within it; recreational vessel has the same meaning as in the Marine Act 1988; sailing vessel means a vessel designed to have a sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion; r. 3 -- 3 of 8 -- S.R. No. 125/2009 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 3 second-hand vessel means a vessel that has been used otherwise than— (a) in the course of being built or tested; or (b) by an owner builder; or (c) by the builder only; or (d) for the purpose of transporting it for sale; or (e) for the purposes of demonstrating it to a purchaser. 4 Prescribed information standard (1) For the purposes of section 46(1) of the Fair Trading Act 1999, the prescribed information standard for a vessel required by this regulation to have an Australian Builders Plate fitted is the Australian Builders Plate Standard. (2) Subject to subregulation (3), a vessel must have an Australian Builders Plate fitted in accordance with the Australian Builders Plate Standard. (3) The following vessels are not required to have an Australian Builders Plate fitted— (a) a second-hand vessel; (b) a vessel built for export from Australia; (c) a vessel built exclusively for racing in organised events; (d) an aquatic toy; (e) an amphibious vehicle; (f) a canoe, kayak or surf ski or similar vessel designed to be propelled by paddle; (g) a hydrofoil or hovercraft; (h) a pedal powered vessel; r. 4 -- 4 of 8 -- S.R. No. 125/2009 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 4 (i) a racing boat; (j) a rowing shell used for racing or rowing training; (k) a sailboard; (l) a sailing vessel; (m) a submersible; (n) a surf row boat; (o) a personal watercraft that is designed to carry no more than 2 persons; (p) a personal watercraft that is designed to carry 3 or more persons if the following information is written on or attached to the personal watercraft in a clearly visible place— (i) the total weight of persons and equipment that the vessel may carry (expressed in kilograms), as recommended by the builder of the vessel; (ii) the maximum number of persons the vessel may carry, as recommended by the builder of the vessel; (q) an inflatable boat to which ISO 6185 applies if the boat— (i) has a plate attached to it in accordance with the requirements of the European Union for inflatable boats that certifies that the boat complies with those requirements; or (ii) has a plate attached to it in accordance with the requirements of the US National Marine Manufacturers Association for inflatable boats that r. 4 -- 5 of 8 -- S.R. No. 125/2009 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 5 certifies that the boat complies with those requirements; (r) a vessel for which a certificate of survey has been issued, or which is to be, or has been, submitted for survey for the purposes of obtaining a certificate of survey. 5 Modification of Australian Builders Standard (1) For the purposes of these Regulations, the Australian Builders Plate Standard is modified as specified in subregulations (2) and (3). (2) A requirement in the Australian Builders Plate Standard to the effect that information in a builders plate fixed to a vessel must be determined by the builder of the vessel is to be read as a requirement that the information must be determined by— (a) the builder of the vessel; or (b) a competent person; or (c) a person who imported the vessel into Australia from overseas. (3) A requirement of the Australian Builders Plate Standard to the effect that information on a builders plate for a vessel must include the name of the builder of the vessel is to be read as a requirement that the information must include— (a) the name of the person who determines the information under subregulation (2); and (b) the capacity in which the person determines the information. (4) For the purposes of subregulation (2)(b), a competent person means a person who has the knowledge and skills to be able to determine the information to be included in a builders plate in accordance with the Australian Builders Plate r. 5 -- 6 of 8 -- S.R. No. 125/2009 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 6 Standard because of one or more of the following— (a) the person's training; (b) the person's qualifications; (c) the person's experience. 6 Transitional Regulation 4 does not apply to a vessel that, before the commencement of that regulation— (a) had reached a stage of construction of having the keel laid; or (b) had reached a stage at which— (i) the vessel was identifiable as a vessel of a particular type; and (ii) a part of the vessel had been fabricated and assembled that had a mass of at least 50 tonnes or one per cent of the mass of all structural material of the proposed completed vessel, whichever is the lesser. ═══════════════ r. 6 -- 7 of 8 -- S.R. No. 125/2009 Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009 7 ENDNOTES Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 3, definition of Australian Builders Plate Standard "National Standard for the Australian Builders Plate for Recreational Boats" edition 3, incorporating Amendment 1 published by the National Marine Safety Committee on 21 November 2005 The whole as modified by regulations 5(2) and 5(3) Regulation 3, definition of ISO 6185 ISO 6185 (Inflatable boats) Parts 1, 2 and 3, published by the International Organization for Standardization in 2001 The whole Regulation 4 "National Standard for the Australian Builders Plate for Recreational Boats" edition 3, incorporating Amendment 1 published by the National Marine Safety Committee on 21 November 2005 The whole as modified by regulations 5(2) and 5(3) Regulation 4 ISO 6185 (Inflatable boats) Parts 1, 2 and 3, published by the International Organization for Standardization in 2001 The whole Regulation 5 "National Standard for the Australian Builders Plate for Recreational Boats" edition 3, incorporating Amendment 1 published by the National Marine Safety Committee on 21 November 2005 The whole as modified by regulations 5(2) and 5(3) Endnotes -- 8 of 8 --