Marine (Amendment) Regulations 2001
i
Marine (Amendment) Regulations 2001
S.R. No. 127/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 2
3. Commencement 2
4. Principal Regulations 2
5. Amendments to objectives 2
6. Amendments to definitions 2
7. Amendment to regulation 209 3
8. Amendment to regulation 211 3
9. Certificates of survey 3
216A. Certificate of survey to be carried on board certain
vessels 3
10. New heading to Part 5 inserted 4
PART 5—ALCOHOL AND DRUG TESTING AND
OTHER MATTERS 4
11. New regulations 507 and 508 inserted 4
507. Notice of immediate operator licence suspension 4
508. Suspended operator licence document to be surrendered
to Board 5
12. Part 7 substituted 5
PART 7—OPERATOR LICENCES AND PERSONAL
WATERCRAFT ENDORSEMENTS 6
Division 1—General provisions relating to operator licences 6
700. Eligibility to apply for an operator licence 6
701. Requirements for applying for an operator licence 7
702. Licence holder may surrender operator licence 8
703. Refusal to issue operator licence 8
704. Operator licence period 9
705. Operator licence expiry date 10
706. Operator licence conditions 10
707. Notice of renewal of operator licence 11
708. Renewal of operator licence 12
709. Refusal to renew 13
710. Date of expiry of renewed operator licence 13
711. Re-issue of operator licence 13
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Regulation Page
ii
712. Refusal to re-issue operator licence 14
713. Date of expiry of re-issued operator licence 15
714. Application for variation of operator licence 15
715. Refusal to vary operator licence 15
716. Conditions on restricted operator licence 16
717. Operator licence receipt 17
718. Form of operator licence document 17
719. Issue of replacement operator licence document 18
720. Records 19
721. Change of name, address or condition 19
Division 2—Variation, cancellation and suspension of
operator licences 20
722. Variation, suspension or cancellation of operator
licence 20
723. Procedures for variation, cancellation or suspension
of operator licence 22
724. Suspension of operator licence for purposes of
section 119(2) of the Act 24
725. Prescribed time for suspension of operator licence 25
Division 3—Exemptions from requirement to hold
operator licence 25
726. Exemptions applying to licences issued outside
Victoria 25
727. Exemption from licensing requirements for vessels
operated under sail 27
728. Exemption from licensing requirements for persons
undergoing training 28
Division 4—General provisions relating to personal
watercraft endorsements 28
729. Requirements for applying for personal watercraft
endorsement 28
730. Refusal to make personal watercraft endorsement 29
731. Operator licence receipt with personal watercraft
endorsement 30
Division 5—Variation or revocation of personal watercraft
endorsement 31
732. Operator licence holder may request revocation of
personal watercraft endorsement 31
733. Application for variation of personal watercraft
endorsement 31
734. Refusal to vary personal watercraft endorsement 32
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iii
735. Variation or revocation of personal watercraft
endorsement 33
736. Procedures for variation or revocation of personal
watercraft endorsement 34
Division 6—Tests in relation to regulated recreational
vessels 36
737. Tests 36
Division 7—Internal review procedures for operator
licences and personal watercraft endorsements 37
738 . Application for internal review 37
739. Applicant entitled to be given reasons 39
13. Fees relating to operator licences and personal watercraft
endorsements 39
Division 4—Operator licences and personal watercraft
endorsements 40
830. Fee for operator licence and personal watercraft
endorsement 40
831. Fee for replacement operator licence 40
832. Fee for search of records of operator licences 41
833. Refund of fee 41
834. Operator licence knowledge test fee 41
14. Substitution of regulation 903 42
903. Payment of penalty 42
15. Transitional provision—marine infringement notices 42
1008. Marine infringements committed before the
commencement of the Marine (Amendment) Regulations
2001 42
16. New Part 11 inserted 43
PART 11—EVIDENTIARY REQUIREMENTS 44
1100. Certificate as to matter extracted from the Board's
records 44
1101. Certificate as to name in which vessel is registered 44
17. Schedule 11 amended 44
18. Schedule 12 amended 44
19. Substitution of Schedule of marine infringements 44
SCHEDULE 13—Marine Infringements 44
20. Amendment to Schedule 14 62
═══════════════
ENDNOTES 63
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1
STATUTORY RULES 2001
S.R. No. 127/2001
Marine Act 1988
Marine (Amendment) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 27 November 2001
Responsible Minister:
CANDY BROAD
Minister for Ports
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to amend
the Marine Regulations 1999 to—
(a) prescribe additional requirements for certain
vessels in relation to certificates of survey;
and
(b) provide for operator licences in respect of
regulated recreational vessels; and
(c) provide for endorsements on operator
licences in respect of personal watercraft;
and
(d) prescribe the fees to be charged in relation to
operator licences and personal watercraft
endorsements; and
(e) prescribe particulars for notices relating to
offences involving alcohol or other drugs;
and
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(f) prescribe additional offences for which
marine infringement notices can be issued;
and
(g) provide for other matters authorised by the
Marine Act 1988.
2. Authorising provisions
These Regulations are made under sections 105,
108, 109, 116, 117, 118, 119, 120 and 125 of the
Marine Act 1988.
3. Commencement
These Regulations come into operation on
3 December 2001.
4. Principal Regulations
In these Regulations, the Marine Regulations
19991 are called the Principal Regulations.
5. Amendments to objectives
In regulation 100 of the Principal Regulations,
after paragraph (e) insert—
"(ea) to provide for operator licences in respect of
regulated recreational vessels;
(eb) to provide for endorsements on operator
licences in respect of personal watercraft;".
6. Amendments to definitions
In regulation 103 of the Principal Regulations,
insert the following definitions—
' "expiry date" in relation to an operator licence,
means the date determined in accordance
with regulation 705 to be the date on which
that licence expires;
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"Roads Corporation" has the same meaning as
in the Transport Act 1983;'.
7. Amendment to regulation 209
In regulation 209(2)(d) of the Principal
Regulations omit "1969".
8. Amendment to regulation 211
In regulation 211(2)(e) of the Principal
Regulations omit "1969".
9. Certificates of survey
After regulation 216 of the Principal Regulations
insert—
'216A. Certificate of survey to be carried on board
certain vessels
(1) If a vessel is a trading vessel, fishing vessel
or hire and drive vessel, the owner of the
vessel must ensure that the certificate of
survey issued in respect of that vessel or a
certified copy of it—
(a) is carried on board the vessel; and
(b) is displayed in a place and in a manner
that it can be readily seen by any
person on board the vessel—
at all times while the vessel is operating in
State waters.
Penalty: 10 penalty units.
(2) If a vessel is a trading vessel or fishing
vessel, the master of the vessel must ensure
that the certificate of survey issued in respect
of that vessel or a certified copy of it—
(a) is carried on board the vessel; and
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(b) is displayed in a place and in a manner
that it can be readily seen by any
person on board the vessel—
at all times while the vessel is operating in
State waters.
Penalty: 10 penalty units.
(3) For the purposes of this regulation, the Board
may certify a copy of a certificate of survey
to be a true copy of that certificate.
(4) In this regulation "certified copy" in
relation to a certificate of survey means a
copy of a certificate of survey that has been
certified to be a true copy of that certificate
by—
(a) the Board; or
(b) a person authorised under section
107A(1) or 123C(1) of the Evidence
Act 1958 to take affidavits or witness
the signing of statutory declarations.'.
10. New heading to Part 5 inserted
For the heading to Part 5 of the Principal
Regulations substitute—
"PART 5—ALCOHOL AND DRUG TESTING
AND OTHER MATTERS"
11. New regulations 507 and 508 inserted
After regulation 506 of the Principal Regulations
insert—
"507. Notice of immediate operator licence
suspension
A notice for the purposes of section 28C(1)
of the Act must, in addition to the matters
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referred to in that section, contain the
following details—
(a) the name and address of the accused;
and
(b) a statement of the offence with
which the accused is charged and,
in the case of an offence under
paragraph (b), (e) or (f) of section 28(1)
of the Act, the alleged concentration
of alcohol in the blood of the accused;
and
(c) the approximate time and place of
commission of the offence with which
the accused is charged; and
(d) the name, signature and business
address of the person who charged the
accused; and
(e) the date on which the notice was given
to the accused.
508. Suspended operator licence document to be
surrendered to Board
For the purposes of section 61BA(7) of
the Act, a person to whom section 61BA(1)
of the Act applies must surrender his or
her operator licence document to the
Board.".
12. Part 7 substituted
For Part 7 of the Principal Regulations
substitute—
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'PART 7—OPERATOR LICENCES AND
PERSONAL WATERCRAFT ENDORSEMENTS
Division 1—General provisions relating to
operator licences
700. Eligibility to apply for an operator licence
The following persons are not eligible to
apply for an operator licence—
(a) a person who is disqualified from
operating a regulated recreational
vessel under the law of Victoria;
(b) a person who is the holder of an
operator licence that has been
suspended, during the period of that
suspension;
(c) a person who is disqualified from
operating a recreational vessel—
(i) under the law of another State or a
Territory of the Commonwealth;
or
(ii) under the law of another
country—
in circumstances which, if they
occurred in Victoria, would have
resulted in the person being disqualified
from operating a regulated recreational
vessel in Victoria;
(d) a person who is the holder of a licence
or other authority to operate a
recreational vessel issued by another
State or a Territory of the
Commonwealth or another country that
has been suspended, during the period
of that suspension.
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701. Requirements for applying for an operator
licence
(1) An applicant for the issue of an operator
licence must give the Board an application in
writing that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
(b) evidence to verify those personal
details; and
(c) evidence that the applicant has passed
any test the Board has required the
applicant to undergo under Part 10A of
the Act; and
(d) the fee prescribed in Part 8.
(2) The Board may require an applicant for the
issue of an operator licence—
(a) to have his or her photograph or
digitised image made or to provide a
photograph or digitised image in a form
approved by the Board; and
(b) to provide a specimen signature; and
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(c) in the case of a person who has been
disqualified from operating a
recreational vessel in another State or a
Territory of the Commonwealth, after
being convicted of an offence involving
alcohol or other drugs, to provide
evidence that the applicant has
complied with any requirements of the
law of that State or Territory relating to
the assessment of drivers convicted of
offences involving alcohol or other
drugs.
702. Licence holder may surrender operator
licence
(1) The holder of an operator licence may, by
notice in writing to the Board, surrender his
or her operator licence to the Board for
cancellation.
(2) A notice under sub-regulation (1) must be
accompanied by the operator licence
document.
(3) The holder of an operator licence may
surrender his or her operator licence to the
relevant authority in another State or a
Territory of the Commonwealth or another
country for cancellation.
(4) The Board must cancel an operator licence
if the holder of the licence surrenders his or
her operator licence under sub-regulation (1)
or (3).
703. Refusal to issue operator licence
(1) The Board may refuse an application for the
issue of an operator licence if the Board is
satisfied that—
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(a) the applicant has insufficient
knowledge of the provisions of the Act,
these Regulations or any notice under
section 15 of the Act applying to the
operation of regulated recreational
vessels; or
(b) the applicant has refused to undergo, or
has failed, any test the Board has
required the applicant to undergo under
Part 10A of the Act; or
(c) in the case of an applicant who has
been disqualified from operating a
recreational vessel in another State or a
Territory of the Commonwealth, after
being convicted of an offence involving
alcohol or other drugs, the applicant has
failed to provide evidence that he or she
has complied with any requirements of
the law of that State or Territory
relating to the assessment of drivers
convicted of offences involving alcohol
or other drugs.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to issue an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
704. Operator licence period
(1) An operator licence remains in force for the
period determined by the Board which must
be either for the period of 1 year, 3 years or
5 years.
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(2) The Board may have regard to the period
applied for by the applicant in making a
determination under sub-regulation (1).
705. Operator licence expiry date
(1) An operator licence expires at the end of the
day that is recorded in the records
maintained by the Board as the end of the
term specified in that operator licence.
(2) A personal watercraft endorsement on an
operator licence expires on the same date as
that of the operator licence of which it is a
part expires.
(3) In any proceedings for a contravention of the
Act or regulations made under the Act, the
record, that is kept by the Board, of the
expiry date of a licence is admissible in
evidence, and in the absence of evidence to
the contrary, is proof that the licence expires
on the day so recorded.
706. Operator licence conditions
(1) A condition to which an operator licence is
subject may be shown on the operator
licence by means of a code.
(2) If a condition is shown by a code, the
operator licence document must bear a note
to the effect that the condition can be found
out by inquiry of the Board.
(3) The holder of an operator licence that is
subject to conditions must carry, while
operating a regulated recreational vessel, a
notice issued by the Board containing a full
explanation of those conditions, if required
by the Board to do so.
Penalty: 1 penalty unit.
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(4) If the code shown in column 1 of Table 706
is specified in a licence document it must be
taken to indicate that the licence is subject to
the condition set out opposite that code in
column 2 of that Table.
Table 706
Column 1
Condition
code
Column 2
Licence condition
S That the operator licence holder
must wear corrective lenses at all
times while operating a regulated
recreational vessel or personal
watercraft.
V That the operator licence holder
must operate only a regulated
recreational vessel that is fitted with
specified operator aids or modified
as directed in writing by the Board.
X That the operator licence holder
must comply with any condition of
which he or she has been notified in
writing by the Board.
707. Notice of renewal of operator licence
(1) In this regulation "notice of renewal of an
operator licence" means a notice addressed
to the holder of the operator licence that
states that, if the operator licence is not
renewed on or before a date specified in the
notice, the operator licence will expire, or a
notice that is in or to that effect.
(2) If the Board fails to send a notice of renewal
of an operator licence or if the notice is not
received by the holder of the operator
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licence, that failure or non-receipt does not
affect—
(a) the expiry date of the operator licence;
or
(b) the obligation of the holder of the
operator licence to renew the licence if
he or she intends to operate a regulated
recreational vessel after the expiry of
his or her existing operator licence.
708. Renewal of operator licence
A person may apply to the Board to renew
his or her operator licence at any time
before, or within 6 months after, the expiry
date of the operator licence by giving the
Board an application for renewal of the
operator licence in the form approved by the
Board that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
(b) evidence to verify those personal
details; and
(c) the fee prescribed in Part 8.
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709. Refusal to renew
(1) The Board must refuse an application to
renew an operator licence if the applicant—
(a) has insufficient knowledge of the
provisions of the Act, these Regulations
or any notice under section 15 of the
Act applying to the operation of
regulated recreational vessels; or
(b) has refused to undergo, or has failed
any test the Board has required the
applicant to undergo under Part 10A of
the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to renew an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
710. Date of expiry of renewed operator licence
(1) The date on which a renewed operator
licence expires is to be calculated from the
expiry date of the operator licence being
renewed.
(2) Sub-regulation (1) does not have the effect
of retrospectively renewing the operator
licence.
711. Re-issue of operator licence
A person may apply to the Board to have his
or her operator licence re-issued at any time,
more than 6 months but before 5 years, after
the expiry date of the operator licence by
giving the Board an application for re-issue
of the operator licence in the form approved
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by the Board that contains or is accompanied
by—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
(b) evidence to verify those personal
details; and
(c) the fee prescribed in Part 8.
712. Refusal to re-issue operator licence
(1) The Board must refuse an application to re-
issue an operator licence if the applicant—
(a) has insufficient knowledge of the
provisions of the Act, these Regulations
or any notice under section 15 of the
Act applying to the operation of
regulated recreational vessels; or
(b) has refused to undergo, or has failed
any test the Board has required the
applicant to undergo under Part 10A of
the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to re-issue
an operator licence, the Board must notify
the applicant of that decision.
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(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
713. Date of expiry of re-issued operator licence
(1) The date on which a re-issued operator
licence expires is to be calculated from the
date on which the operator licence is
re-issued.
(2) Sub-regulation (1) does not have the effect
of retrospectively re-issuing the operator
licence.
714. Application for variation of operator
licence
An applicant for the variation of an operator
licence must give the Board an application in
writing that contains or is accompanied by—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
(b) evidence to verify those personal
details; and
(c) details of the requested variation.
715. Refusal to vary operator licence
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(1) The Board may refuse an application for the
variation of an operator licence if the Board
is satisfied that the applicant—
(a) has insufficient knowledge of the
provisions of the Act, these Regulations
or any notice under section 15 of the
Act applying to the operation of
regulated recreational vessels; or
(b) has refused to undergo, or has failed,
any test the Board has required the
applicant to undergo under Part 10A of
the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to vary an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
716. Conditions on restricted operator licence
(1) In addition to any conditions specified in the
licence, a restricted operator licence is
subject to the conditions specified in sub-
regulations (2) and (3).
(2) The holder of the restricted operator licence
must not operate a regulated recreational
vessel at a speed—
(a) of 10 knots or more in any one of the
following circumstances—
(i) if there is not in the vessel a
person who is at least 16 years old
and who is the holder of an
operator licence of a class
appropriate for that vessel;
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(ii) before sunrise;
(iii) after sunset;
(b) of more than 20 knots in any other case.
(3) The holder of a restricted operator licence
must not operate a regulated recreational
vessel if the vessel is towing a person,
another vessel or an object.
717. Operator licence receipt
(1) The Board may issue an operator licence
receipt as an interim measure prior to the
issue of an operator licence document in the
form required by regulation 718.
(2) An operator licence receipt must be in the
form of the operator licence document
required by regulation 718 except for the
photograph or digitised image of the person.
(3) An operator licence receipt issued under sub-
regulation (1) may be produced as evidence
of the grant of an operator licence for three
months from the date the operator licence
receipt was issued.
718. Form of operator licence document
An operator licence document must show
details of the following—
(a) an identification number for the person
to whom it is issued; and
(b) the first name, second and third initials
(if any) and family name of the person;
and
(c) a photograph or digitised image of the
person; and
(d) the person's residential address; and
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(e) the person's date of birth; and
(f) the person's signature (or a
reproduction of that signature); and
(g) the expiry date of the licence; and
(h) the code for any condition to which the
licence is subject in accordance with
regulation 706; and
(i) if the licence has a personal watercraft
endorsement, the code "PWC".
719. Issue of replacement operator licence
document
(1) The Board may, upon payment by the holder
of an operator licence of the fee prescribed in
Part 8, issue a replacement operator licence
document to replace one which has been
stolen, lost, damaged, destroyed, mislaid,
mutilated or rendered illegible in any way.
(2) The holder of an operator licence who
applies for a replacement operator licence
document must provide to the Board—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
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(b) evidence to verify those personal
details.
720. Records
(1) The Board must maintain records in respect
of each operator licence which include
details of the following—
(a) the identification number allocated to
the person to whom the operator licence
was issued; and
(b) the person's family name, first name
and any second and third initial; and
(c) the person's gender and date of birth;
and
(d) the person's residential address and
address for service of notices (if any);
and
(e) the commencement and expiry dates of
the operator licence; and
(f) any condition to which the operator
licence is subject; and
(g) whether the licence has a personal
watercraft endorsement.
(2) Any person whose name appears in records
referred to in sub-regulation (1) is entitled,
on payment of the fee prescribed in Part 8, to
request a search of the records and to obtain
a certificate as to any matter appearing in the
records in relation to him or her.
721. Change of name, address or condition
(1) The holder of an operator licence must notify
the Board, not more than 14 days after the
change, about any change in his or her—
(a) name; or
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(b) residential address; or
(c) postal address or address for service of
notices.
Penalty: 1 penalty unit.
(2) Unless required by the Board, the advice
from the person referred to in sub-regulation
(1) need not be in writing.
(3) The holder of an operator licence must, as
soon as practicable, notify the Board of any
permanent or long term injury or illness that
may impair his or her ability to operate a
regulated recreational vessel safely.
Penalty: 1 penalty unit.
Division 2—Variation, cancellation and
suspension of operator licences
722. Variation, suspension or cancellation of
operator licence
(1) The Board may—
(a) vary an operator licence; or
(b) vary the conditions on an operator
licence; or
(c) suspend an operator licence; or
(d) cancel an operator licence—
if it appears to the Board that—
(e) the holder of the licence has refused to
undergo, or has failed, any test the
Board has required the person to
undergo under Part 10A of the Act; or
(f) it would be dangerous for the holder of
the licence to operate a regulated
recreational vessel because of illness or
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bodily infirmity, defect or incapacity or
because of the effects of treatment for
any of those things; or
(g) the holder of the licence has
insufficient knowledge of the
provisions of the Act, these Regulations
or any notice under section 15 of the
Act applying to the operation of
regulated recreational vessels; or
(h) a court order requires the holder of the
licence to pay a sum of money by way
of a fine, penalty, costs or restitution or
any two of those things and—
(i) the order was made in respect of
an offence arising out of the use of
a regulated recreational vessel in
Victoria, including a marine
infringement; and
(ii) a person authorised by law to
issue or to execute a warrant for
the enforcement of the court order
notifies the Board that the Order is
wholly or partially unsatisfied; or
(i) the holder of the licence is not, under
regulation 700, eligible to apply for an
operator licence; or
(j) the operator licence was issued in error;
or
(k) a cheque submitted to the Board as
payment of a fee under these
Regulations has been dishonoured; or
(l) the holder of the licence has been
convicted in another State or a
Territory of the Commonwealth or
another country of an offence which, if
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the person had been the holder of a
licence or other authority in that State,
Territory or country would have
enabled the relevant authority in that
State, Territory or country to suspend
or cancel the person's licence or other
authority; or
(m) the holder of the licence has failed to
comply with a condition of the operator
licence.
(2) The Board must suspend or cancel an
operator licence if the holder of the licence is
disqualified from operating a general
recreational vessel in another State or a
Territory of the Commonwealth or another
country or the person's licence in that State,
Territory or country has been cancelled
because of a judgement, order or decision
made under, or otherwise by operation of,
the law of that State, Territory or country.
(3) The Board may vary an operator licence to
correct any error or omission in it and issue a
replacement operator licence document.
723. Procedures for variation, cancellation or
suspension of operator licence
(1) If, under regulation 722(1), the Board
decides to—
(a) vary an operator licence; or
(b) vary the conditions on an operator
licence; or
(c) suspend an operator licence; or
(d) cancel an operator licence—
the Board must notify the holder of the
licence of that decision, and that decision
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must not take effect until at least 28 days
after the notice is given.
(2) A notice under sub-section (1) must be in
writing and must set out—
(a) the reasons for the variation,
suspension or cancellation; and
(b) the effect of the variation, suspension
or cancellation; and
(c) the date of the variation, suspension or
cancellation; and
(d) the action that may be taken by the
holder of the licence in order to avoid
the variation, suspension or
cancellation; and
(e) the date by which the holder of the
licence must take that action.
(3) An operator licence is varied, suspended or
cancelled in accordance with the terms of a
notice given under sub-regulation (1) on the
date specified in the notice unless the Board,
by further notice in writing, withdraws the
notice.
(4) This regulation does not apply to the
suspension of an operator licence under
section 119(2) of the Act.
(5) If an operator licence is varied, suspended or
cancelled—
(a) by the Board under section 119 of the
Act; or
(b) by a court—
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the holder of that licence must, upon being
given a notice of the variation, suspension or
cancellation—
(c) give the operator licence immediately
to the person who gave the notice; or
(d) send or take the operator licence to the
place specified in the notice within the
period specified in the notice.
Penalty: 5 penalty units.
(6) If, under section 119 of the Act, the Board
has—
(a) varied an operator licence; or
(b) varied the conditions of an operator
licence—
the Board must, upon receiving the operator
licence from the holder under sub-regulation
(5), issue the holder with a replacement
operator licence document.
724. Suspension of operator licence for purposes
of section 119(2) of the Act
(1) The Board must not suspend an operator
licence for the reasons specified in regulation
722(1)(e) unless the Board notifies the
holder of the licence, in writing, that the
Board has decided to suspend the operator
licence and sets out in the notice—
(a) the reasons for the suspension; and
(b) the effect of the suspension and the date
on which the suspension takes effect;
and
(c) the date by which the holder must
return the operator licence to the Board.
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(2) An operator licence is suspended in
accordance with the terms of a notice given
under sub-regulation (1) on the date
specified in the notice unless the Board, by
further notice in writing, withdraws the
notice.
(3) If an operator licence is suspended by the
Board under section 119(2) of the Act the
holder of the licence must, upon being given
a notice of suspension under sub-
regulation (1)—
(a) give the operator licence immediately
to the person who gave the notice; or
(b) send or take the operator licence to the
place specified in the notice within the
period specified in the notice.
Penalty: 5 penalty units.
725. Prescribed time for suspension of operator
licence
For the purposes of section 119(1)(c) of the
Act, the prescribed time for which an
operator licence may be suspended is any
period up to 12 months as determined by the
Board.
Division 3—Exemptions from requirement to
hold operator licence
726. Exemptions applying to licences issued
outside Victoria
(1) A person who—
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(a) has a licence, certificate or other
authority issued in another State or a
Territory of the Commonwealth and
who was ordinarily resident in the
issuing State or Territory at the time of
issue; or
(b) has an appropriate licence or other
authority issued in another country and
written in the English language or
accompanied by an accurate English
translation and who was ordinarily
resident in that country at the time of
issue—
that authorises him or her to operate a
regulated recreational vessel, is exempted
from the requirement to hold an operator
licence of the class that authorises the person
to operate that class of regulated recreational
vessel.
(2) A person is not exempt or ceases to be
exempt under sub-regulation (1) in any of
the following circumstances—
(a) if the holder of the licence, certificate
or other authority issued in another
State or a Territory of the
Commonwealth has resided in Victoria
for a continuous period of more than 3
months; or
(b) if the holder of the licence or other
authority issued in another country has
a permanent visa issued by the
Commonwealth for more than
3 months; or
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(c) if the person is disqualified from
operating a recreational vessel in
another State or a Territory of the
Commonwealth or another country or
has his or her licence suspended; or
(d) if, in the reasonable opinion of the
Board, it would be dangerous for the
person to operate a regulated
recreational vessel because of illness or
bodily infirmity, defect or incapacity or
because of the effects of treatment for
any of those things.
(3) If the Board forms an opinion on the matters
set out in sub-regulation (2)(d) the Board
must give the person notice in writing of the
following—
(a) that he or she is no longer exempt from
the requirement to hold an operator
licence;
(b) that he or she must not operate a
regulated recreational vessel on State
waters;
(c) the reasons why that person is no
longer exempt;
(d) any action that may be taken by the
person in order to regain the
exemption;
(e) the date by which the person must take
that action.
727. Exemption from licensing requirements for
vessels operated under sail
A person who is the operator of a regulated
recreational vessel that is—
(a) engaged solely in sailing; and
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(b) is not using any mechanical means of
propulsion—
is exempt from the requirement to hold an
operator licence under Part 10A of the Act
while so operating that vessel.
728. Exemption from licensing requirements for
persons undergoing training
A person who—
(a) is operating a regulated recreational
vessel as part of a training course
approved by the Board for the purposes
of obtaining an operator licence; and
(b) is accompanied in the vessel by a
person who is approved by the Board to
conduct training courses for the
purposes of obtaining an operator
licence—
is exempt from the requirement to obtain an
operator licence under Part 10A of the Act
while so operating that vessel.
Division 4—General provisions relating to
personal watercraft endorsements
729. Requirements for applying for personal
watercraft endorsement
An applicant for the making of a personal
watercraft endorsement must give the Board
an application in writing that contains or is
accompanied by—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
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(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
(b) evidence to verify those personal
details; and
(c) evidence that the applicant has passed
any test the Board has required the
applicant to undergo under Part 10A of
the Act; and
(d) the applicant's current operator licence;
and
(e) the fee prescribed in Part 8.
730. Refusal to make personal watercraft
endorsement
(1) The Board may refuse an application for the
making of a personal watercraft endorsement
if the Board is satisfied that—
(a) the applicant has insufficient
knowledge of the provisions of the Act,
these Regulations or any notice under
section 15 of the Act applying to the
operation of personal watercraft; or
(b) the applicant has refused to undergo, or
has failed, any test the Board has
required the applicant to undergo under
Part 10A of the Act; or
(c) in the case of an applicant who has
been disqualified from operating a
recreational vessel in another State or a
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Territory of the Commonwealth, after
being convicted of an offence involving
alcohol or other drugs, the applicant has
failed to provide evidence that he or she
has complied with any requirements of
the law of that State or Territory
relating to the assessment of drivers
convicted of offences involving alcohol
or other drugs.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to make a
personal watercraft endorsement on an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
731. Operator licence receipt with personal
watercraft endorsement
(1) The Board may issue an operator licence
receipt with a personal watercraft
endorsement as an interim measure prior to
the issue of an endorsed operator licence
document in the form required by
regulation 718.
(2) An operator licence receipt with a personal
watercraft endorsement must be in the form
of the operator licence document required by
regulation 718 except for the photograph or
digitised image of the person.
(3) An operator licence receipt with a personal
watercraft endorsement issued under sub-
regulation (1) may be produced as evidence
of the grant of an operator licence as so
endorsed for three months from the date the
operator licence receipt was issued.
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Division 5—Variation or revocation of
personal watercraft endorsement
732. Operator licence holder may request
revocation of personal watercraft
endorsement
(1) The holder of an operator licence with a
personal watercraft endorsement may, in
writing, request the Board to revoke the
personal watercraft endorsement on the
licence.
(2) A request under sub-regulation (1) must be
accompanied by the operator licence
document.
(3) The Board must revoke a personal watercraft
endorsement on an operator licence if
requested to do so by the holder of the
licence under sub-regulation (1).
(4) If the Board has revoked the personal
watercraft endorsement in accordance with a
request under sub-regulation (1), the Board
must issue a replacement operator licence
document without a personal watercraft
endorsement.
733. Application for variation of personal
watercraft endorsement
An applicant for the variation of a personal
watercraft endorsement must give the Board
an application in writing that contains or is
accompanied by—
(a) the following personal details—
(i) the first name, second and third
initials (if any) and family name
of the applicant;
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(ii) the applicant's gender;
(iii) the applicant's date of birth;
(iv) the applicant's residential address;
(v) if there is no postal service to the
applicant's residential address, the
address for the service of notices;
and
(b) evidence to verify those personal
details; and
(c) details of the requested variation.
734. Refusal to vary personal watercraft
endorsement
(1) The Board may refuse an application for the
variation of a personal watercraft
endorsement if the Board is satisfied that the
applicant—
(a) has insufficient knowledge of the
provisions of the Act, these Regulations
or any notice under section 15 of the
Act applying to the operation of
personal watercraft; or
(b) has refused to undergo, or has failed,
any test the Board has required the
applicant to undergo under Part 10A of
the Act.
(2) If, under sub-regulation (1), the Board
decides to refuse an application to vary a
personal watercraft endorsement on an
operator licence, the Board must notify the
applicant of that decision.
(3) A notice under sub-regulation (2) must be in
writing and must set out the reasons for the
refusal.
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735. Variation or revocation of personal
watercraft endorsement
(1) The Board may—
(a) vary a personal watercraft endorsement;
or
(b) vary the conditions of a personal
watercraft endorsement; or
(c) revoke a personal watercraft
endorsement—
on an operator licence if it appears to the
Board that—
(d) the holder of the licence has refused to
undergo, or has failed, any test the
Board has required the person to
undergo under Part 10A of the Act; or
(e) it would be dangerous for the holder of
the licence to operate a personal
watercraft because of illness or bodily
infirmity, defect or incapacity or
because of the effects of treatment for
any of those things; or
(f) the holder of the licence has
insufficient knowledge of the
provisions of the Act, these Regulations
or any notice under section 15 of the
Act applying to the operation of
personal watercraft; or
(g) a court order requires the holder of the
licence to pay a sum of money by way
of a fine, penalty, costs or restitution or
any two of those things and—
(i) the order was made in respect of
an offence arising out of the use of
a personal watercraft in Victoria,
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including a marine infringement;
and
(ii) a person authorised by law to
issue or to execute a warrant for
the enforcement of a court order
notifies the Board that the Order is
wholly or partially unsatisfied; or
(h) the personal watercraft endorsement
was made in error; or
(i) a cheque submitted to the Board as
payment of a fee under these
Regulations has been dishonoured; or
(j) the holder of the licence has been
convicted in another State or a
Territory of the Commonwealth or
another country of an offence which, if
the person had been the holder of a
licence or other authority in that State,
Territory or country would have
enabled the relevant authority in that
State, Territory or country to suspend
or cancel the person's licence or other
authority.
(2) The Board must revoke a personal watercraft
endorsement on an operator licence if the
holder of the licence is disqualified from
operating a personal watercraft in another
State or a Territory of the Commonwealth or
the person's licence or other authority in that
State or Territory has been cancelled because
of a judgement, order or decision made
under, or otherwise by operation of, the law
of that State or Territory.
736. Procedures for variation or revocation of
personal watercraft endorsement
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(1) If, under regulation 735(1), the Board
decides to—
(a) vary a personal watercraft endorsement;
or
(b) vary the conditions of a personal
watercraft endorsement; or
(c) revoke a personal watercraft
endorsement—
on an operator licence the Board must notify
the holder of the licence of that decision, and
that decision must not take effect until at
least 28 days after the notice is given.
(2) A notice under sub-regulation (1) must be in
writing and must set out—
(a) the reasons for the variation or
revocation; and
(b) the effect of the variation or revocation;
and
(c) the date of the variation or revocation;
and
(d) the action that may be taken by the
holder of the licence in order to avoid
the variation or revocation; and
(e) the date by which the holder of the
licence must take that action.
(3) A personal watercraft endorsement on an
operator licence is varied or revoked in
accordance with the terms of a notice given
under sub- regulation (1) on the date
specified in the notice unless the Board, by
further notice in writing, withdraws the
notice.
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(4) If a personal watercraft endorsement on an
operator licence is revoked or varied by the
Board under section 119 of the Act, the
holder of the licence must, upon being given
a notice of variation or revocation—
(a) give the endorsed operator licence
immediately to the person who gave the
notice; or
(b) send or take the endorsed operator
licence to the place specified in the
notice within the period specified in the
notice.
Penalty: 5 penalty units.
(5) The Board must, upon receiving the
endorsed operator licence from the holder
under sub-regulation (4), issue the holder
with a replacement operator licence
document.
Division 6—Tests in relation to regulated
recreational vessels
737. Tests
(1) For the purposes of section 120 of the Act, a
test described in Column 1 of Table 737
must be carried out by a person of the class
described in Column 2 of the Table in
relation to that test.
(2) The Board must accept, for the purposes of
section 120, a certificate of the results of a
medical examination conducted in another
State or a Territory of the Commonwealth if
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that examination is carried out by a person
who is authorised to do so under this
regulation.
Table 737
Column 1
Test
Column 2
Prescribed class
Medical test. Registered medical
practitioners.
Tests related to
eyesight.
Registered medical
practitioners,
optometrists,
occupational therapists,
officers of the Board and
officers of the Roads
Corporation authorised
in writing by the Board
for the purpose.
An evaluation of an
operator's physical and
cognitive abilities or
skills to operate a
regulated recreational
vessel.
Occupational therapists
and persons authorised in
writing by the Board to
conduct tests of physical
and cognitive abilities to
operate a regulated
recreational vessel.
Tests of knowledge of
the provisions of the
Act, these Regulations
or any notice under
section 15 of the Act
applying to the
operation of regulated
recreational vessels.
Officers of the Board,
officers of the Roads
Corporation and persons
approved in writing by
the Board.
Division 7—Internal review procedures for
operator licences and personal watercraft
endorsements
738 . Application for internal review
(1) If the Board decides to—
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(a) refuse an application for an operator
licence or an application to vary, renew
or re-issue an operator licence; or
(b) refuse an application for a personal
watercraft endorsement on an operator
licence or an application to vary, renew
or re-issue such an endorsement; or
(c) vary a condition on an operator licence
or a personal watercraft endorsement
under section 119 of the Act; or
(d) suspend, vary or cancel an operator
licence under section 119 of the Act; or
(e) vary or revoke a personal watercraft
endorsement on an operator licence
under section 119 of the Act—
the applicant or holder of the licence (as the
case requires) may apply to the Board for an
internal review of the Board's decision.
(2) An application under sub-regulation (1) must
be made within 28 days of the day on which
the person is notified of the Board's decision
under these Regulations.
(3) The Board must notify each person who is
entitled for a review of a decision under sub-
regulation (1) of his or her right to apply for
such a review.
(4) The Board must give the notice under sub-
regulation (3) within 14 days after the
making of the decision.
(5) A decision must not be reviewed by the
person who made the decision.
(6) After considering an application for review,
the Board must—
(a) affirm the decision; or
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(b) vary the decision; or
(c) revoke the decision.
(7) The Board must notify the person who
applied for the review in writing of its
decision under sub-regulation (6) within 28
days after the day on which the application
for internal review is received by the Board.
(8) The making of an application for internal
review of a decision does not stay the
operation of the decision.
739. Applicant entitled to be given reasons
(1) If a person is entitled to apply for a review of
a decision by the Board under regulation
738, the person may apply to the Board for
written reasons for the decision.
(2) The Board must, within 28 days of receiving
an application under sub-regulation (1),
provide to the person who made the
application—
(a) the decision of the Board and the
reasons for that decision; and
(b) the name or position of the person who
made the decision.
(3) A person is not entitled to make an
application under sub-regulation (1) if the
Board has already provided the person with
written reasons for its decision.'.
13. Fees relating to operator licences and personal
watercraft endorsements
In Part 8 of the Principal Regulations, after
regulation 829, insert—
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"Division 4—Operator licences and personal
watercraft endorsements
830. Fee for operator licence and personal
watercraft endorsement
The fee which must be paid to the Board for
the issue, renewal or re-issue of an operator
licence or the making of a personal
watercraft endorsement of a class specified
in column 2 of Table 830 is the amount set
out in column 3 of the Table opposite that
class of licence or endorsement.
Table 830
Item
Class of licence
or endorsement Fee
1 General operator
licence
$25.00 per annum
2 Restricted operator
licence
$12.50 per annum
3 Personal watercraft
endorsement on a
general operator
licence
$5.00 per annum
4 Personal watercraft
endorsement on
restricted operator
licence
$2.50 per annum
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The fee which must be paid to the Board for
the issue of a replacement operator licence
under regulation 719 is $16.00.
832. Fee for search of records of operator
licences
The fee which must be paid to the Board for
a search of the Board's records and a
certificate as to any matter appearing in
those records under regulation 720 is $6.50.
833. Refund of fee
If the Board cancels a person's operator
licence that has been issued by the Board for
a period of 3 years or 5 years whether—
(a) upon receiving a notification from the
person under regulation 702 to
surrender the operator licence; or
(b) under regulation 722—
the Board may refund part of the fee for the
issue of the operator licence, calculated in
accordance with the formula—
89
100 × ×
A
B C
where—
A is the unexpired number of months of
duration of the operator licence; and
B is the total number of months for which
the operator licence was granted; and
C is the amount paid for the operator
licence.
834. Operator licence knowledge test fee
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The fee which must be paid to the Board for
a person to sit a test the person is required by
the Board to undergo under Part 10A of the
Act is $20.00.".
14. Substitution of regulation 903
For regulation 903 of the Principal Regulations
substitute—
"903. Payment of penalty
For the purposes of section 61(3) or 61BA(6)
of the Act, payment of a penalty may be
made by posting or delivering the amount of
the penalty to the address specified in the
marine infringement notice as the address for
payment of the penalty.".
15. Transitional provision—marine infringement notices
After regulation 1007 of the Principal Regulations
insert—
"1008. Marine infringements committed before the
commencement of the Marine
(Amendment) Regulations 2001
(1) If, in the case of a marine infringement
committed against these Regulations before
the commencement of the Marine
(Amendment) Regulations 2001 in respect of
which a marine infringement notice has not
been issued before that commencement, the
infringement is of a class of infringements
that has been re-enacted under regulation 19
of the Marine (Amendment) Regulations
2001, on and from that commencement the
marine infringement is to be taken to be a
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marine infringement under these Regulations
with the relevant description of offence and
penalty under Schedule 13 and a marine
infringement notice for that marine
infringement may be issued or served in
accordance with these Regulations.
(2) If, in the case of a marine infringement
committed against these Regulations before
the commencement of the Marine
(Amendment) Regulations 2001, in respect
of which a marine infringement notice has
been issued before that commencement—
(a) the infringement is of a class of
infringements that has not been re-
enacted under regulation 19 of the
Marine (Amendment) Regulations
2001, on and from that commencement
the marine infringement is to be taken
to continue to be a marine infringement
under Schedule 13 and that marine
infringement may be dealt with in
accordance with these Regulations as if
the Marine (Amendment) Regulations
2001 has not been enacted; or
(b) the infringement is of a class of
infringements that has been re-enacted
under regulation 19 of the Marine
(Amendment) Regulations 2001, the
marine infringement is to be taken to be
a marine infringement under these
Regulations with the relevant
description of offence and penalty
under Schedule 13 and may be dealt
with in accordance with these
Regulations.".
16. New Part 11 inserted
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After Part 10 of the Principal Regulations,
insert—
"PART 11—EVIDENTIARY REQUIREMENTS
1100. Certificate as to matter extracted from the
Board's records
For the purposes of section 89(1) of the Act,
the prescribed form for a certificate is the
form in Schedule 11.
1101. Certificate as to name in which vessel is
registered
For the purposes of section 89(3) of the Act,
the prescribed form for a certificate is the
form in Schedule 12.".
17. Schedule 11 amended
In Schedule 11 to the Principal Regulations, for
"700" substitute "1100".
18. Schedule 12 amended
In Schedule 12 to the Principal Regulations, for
"701" substitute "1101".
19. Substitution of Schedule of marine infringements
For Schedule 13 to the Principal Regulations
substitute—
"SCHEDULE 13
Regulation 900
MARINE INFRINGEMENTS
"MA" means the Act; and
"MR" means Marine Regulations 1999;
r. 16 r. 18
-- 47 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
45
"Notice" means Notice No. 1 made under section 15 of the
Act on 26 June 1998 and published in Government
Gazette Number G 26 on 2 July 1998 (pages 1706—
1824) as amended from time to time.
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
Registration
2251 Operate an
unregistered vessel or
vessel not exempt
from registration
MA
s. 8(1)(a)
$120
2252 Own or be in charge
of an unregistered
vessel or vessel not
exempt from
registration and cause
or allow it to be
operated
MA
s. 8(1)(b)
$120
2253 Operate or cause or
allow operation of a
vessel in breach of a
condition of
registration
MA s. 8(2) $120
2254 Fail to fix registration
label in conspicuous
position
MR
r. 402(2)
$80
2255 Fail to fix
identification mark in
a conspicuous
position
MR
r. 402(5)
$80
2256 Fail to comply with
requirements for
transfer of
registration
MR
r. 405(1),
405(2)
$80
r. 19
-- 48 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
46
Safety Distances, Speed Restrictions etc.
State Waters
2257 Contravene a notice
by operating a vessel
at a speed exceeding
5 knots within
50 metres of a person
MA
s. 15(3)
Notice
cl. 2(a)
$160
2258 Operate a vessel at a
speed exceeding
5 knots within
100 metres of a
divers flag in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 2(b)
$160
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2259 Operate a vessel at a
speed exceeding
5 knots within
50 metres of another
vessel in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 2(c)
$160
2260 Operate a sailboard in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 17
$120
Inland Waters
2261 Operate a vessel at a
speed exceeding
5 knots within
50 metres of the
water's edge or a
MA
s. 15(3)
Notice
cl. 3
$160
-- 49 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
47
structure in
contravention of the
Notice
Coastal Waters and Ports
2262 Operate a vessel at a
speed exceeding
5 knots
(a) within
200 metres of the
water's edge
except in an
access lane;
(b) within 50 metres
of a wharf or
similar structure
except in an
access lane;
MA
s. 15(3)
Notice
cl. 4
$160
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
(c) when passing
through an
anchorage for
small vessels—
in contravention of
the Notice
Miscellaneous Navigation Offences
2263 Operate a vessel in an
access lane in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 6
$160
2264 Operate a vessel at a
speed exceeding a
speed limit in
specified areas of
water in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 7
$160
r. 19
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S.R. No. 127/2001
Marine (Amendment) Regulations 2001
48
2265 Enter prohibited area
towing water skier or
when water-skiing in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 8
$160
2266 Operate a vessel in a
prohibited area in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 9
$160
2267 Operate a vessel with
an engine in a
prohibited area in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 10
$160
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2268 Fail to operate vessel
in a manner which
creates minimal or no
wash in a no wash
zone in contravention
of the Notice
MA
s. 15(3)
Notice
cl. 11
$160
2269 Operate a vessel with
an engine in a
direction in
contravention of the
Notice in inland
waters
MA
s. 15(3)
Notice
cl. 14
$160
2270 Operate a vessel or
engage in an activity
in a prohibited area
of water in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 12
$160
2271 Use waters contrary
to conditions of use
MA
s. 15(3)
$160
r. 19
-- 51 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
49
specified in a notice
and in contravention
of that Notice
Notice
cl. 13
2272 Fail to give way to
other vessel when
departing from shore
on a vessel with an
engine in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 15
$160
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
Water skiers
2273 Fail to wear approved
lifejacket, buoyancy
vest, buoyancy
garment or personal
flotation device when
water-skiing in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 18
$160
2274 Tow water skiers in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 19
$120
Smoke and Noise
2275 Operate a vessel
emitting annoying or
dangerous smoke,
visible vapour or
smells in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 20
$80
r. 19
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S.R. No. 127/2001
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50
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2276 Operate vessel
without adequate
silencing device
securely fixed to
engine in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 21(1)(a)
$80
2277 Operate a vessel
without a silencing
device that does not
have a cut out or
similar device in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 21(1)(b)
$80
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2278 Operate vessel so as
to create undue noise
in contravention of
the Notice
MA
s. 15(3)
Notice
cl. 21(2)
$80
Miscellaneous Offences
2283 Fail to properly
report an accident to
the Board being the
owner or master of a
trading or fishing
vessel
MA
s. 20(3)
$160
2284 Fail to obey a
direction given by a
member of the police
force or an authorised
officer
MA
s. 21(2)
$160
2286 Tamper with a vessel MA s. 24 $120
r. 19
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S.R. No. 127/2001
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51
without just cause or
excuse
2288 Obstruct an officer in
the exercise of his or
her duty
MA s. 92 $160
2289 Re-fuel vessel at a
wharf, jetty or pier
with passengers on
board
MR r. 233 $200
2291 Permit a naked flame
to be installed in
compartment of
vessel containing
motors or fuel tank
MR
r. 234(1)
$160
2292 Permit naked flame
to be used near motor
or fuel tank on vessel
MR
r. 234(2)
$200
2293 Overload vessel MR r. 236 $200
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2294 Fail to give
information when
required
MA s. 18 $80
2295 Fail to stop vessel
when required
MA
s. 19(3)
$120
2296 Refuse or fail to state
name and address or
state false name and
address
MA
s. 19(4)(a)
or (b),
60(7)(a)
or (b)
$120
2298 Bathe within
50 metres of a
launching ramp being
used or about to be
used or an access
lane in contravention
of the Notice
MA
s. 15(3)
Notice
cl. 16
$120
2299 Refuse or fail to MA $160
r. 19
-- 54 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
52
allow a vessel to be
inspected
s. 13(3)
2300 Operate a
recreational or hire
and drive vessel
engaged in diving
operations without
exhibiting a flag
indicating diver
below in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 22
$120
2301 Engage in diving
without a buoy or
flag displayed in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 23
$120
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
Equipment Offences—Recreational Vessels
All State Waters
2302 Fail to carry
lifejacket or personal
flotation device for
each person on board
and being towed
MR
r. 230(1),
230(2),
Schedules
4 and 5
$80
2303 Fail to carry paddles
or oars or rowlocks
MR
r. 2301(1),
230(2)
Schedules
4 and 5
$80
2304 Fail to carry bailer,
manual pump or have
efficient bilge pump
MR
r. 230(1),
230(2),
Schedules
4 and 5
$80
2305 Fail to carry
waterproof torch or
lantern
MR
r. 230(1),
230(2),
$80
r. 19
-- 55 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
53
Schedules
4 and 5
2306 Fail to carry portable
fire extinguisher if
fuel carried
MR
r. 230(1),
230(2) ,
Schedules
4 and 5
$80
2307 Fail to carry a bucket
with lanyard
MR
r. 230(1),
230(2) ,
Schedules
4 and 5
$80
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2308 Fail to carry a
lifebuoy
MR
r. 230(1),
230(2),
Schedules
4 and 5
$80
State Waters Other Than Inland Or Enclosed Waters
2309 Fail to carry a
compass
MR
r. 230(1),
230(2),
Schedule 4
$80
2310 Fail to carry a dinghy
or liferaft
MR
r. 230(1),
Schedule 4
$80
2311 Fail to carry hand
held red flares or
orange smoke signal
MR
r. 230(1),
Schedule 4
$80
2312 Fail to carry an
efficient anchor
MR
r. 230(1),
Schedule 4
$80
2313 Fail to carry anchor
cable
MR
r. 230(1)
$80
r. 19 r. 19
-- 56 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
54
(b),
Schedule 4
2314 Operate a vessel in
State waters with
persons under the age
of 10 not wearing
personal flotation
device
MR r. 232 $160
Further Miscellaneous Offences
2315 Fail to ensure
equipment is readily
accessible and in
good order
MR r. 235 $120
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2316 Permit vessel to be
moored or secured to
navigation marker,
beacon, buoy, pole or
post in contravention
of the Notice
MA
s. 15(3)
Notice
cl. 23A
$120
2317 Anchor vessel in
navigation channel or
the area of State
waters which
impedes or may
impede any other
vessel in
contravention of the
Notice
MA
s. 15(3)
Notice
cl. 23B
$120
Hire and Drive Vessel Offences
2319 Being a person in
charge of a vessel fail
to render assistance,
exchange details and
report accident
MA
s. 20(1)
$160
2320 Being the owner of a
vessel fail to maintain
register of contracts
MR
r. 217(1)
$80
r. 19
-- 57 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
55
2321 Being the hirer of a
vessel fail to provide
details of contracts
MR
r. 217(2)
$80
2322 Being the owner of a
vessel fail to produce
register of contracts
for inspection
MR
r. 217(3)
$80
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2323 Being the owner of a
vessel fail to notify
Board of sale or
disposal of hire and
drive vessel
MR
r. 218(1)
$80
2324 Being the purchaser
of a vessel fail to
notify Board of
purchase or
acquisition of hire
and drive vessel
MR
r. 218(2)
$80
2325 Being the owner of a
vessel fail to report
accident involving
hire and drive vessel
MR r. 219 $160
2326 Being the hirer or
operator of a vessel
allow improper use of
equipment or permit
vessel to go outside
limits specified in the
certificate of survey
MR r. 220 $160
2327 Being the owner of a
vessel fail to
reasonably ensure
competence of hirer
MR
r. 221(1)
$200
r. 19
-- 58 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
56
2328 Being the owner of a
vessel fail to give
hirer instructions
about use of hire and
drive vessel
MR
r. 221(2)
$220
2329 Being the owner of a
vessel fail to obtain
signed statement
from hirer
MR
r. 221(4)
$200
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2330 Act in reckless,
negligent or
dangerous manner
when operating or
being towed or
propelled by a hire
and drive vessel
MR
r. 222(1),
222(2)
$240
2331 Being the owner or
hirer of a vessel fail
to ensure person
under 10 wearing
personal flotation
device
MR
r. 223(1),
223(2)
$160
2332 Being the owner,
hirer or operator of a
vessel permit vessel
to be refuelled at
wharf etc. with
passengers on board
MR
r. 224(1),
224(2)
$200
2334 Being the owner of a
vessel permit
appliances producing
a naked flame to be
installed in
compartment of
vessel containing
motors or fuel tank
MR
r. 225(1)
$160
r. 19
-- 59 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
57
2335 Permit appliances
producing a naked
flame to be used in
compartments of a
vessel containing
motor or fuel tank
MR
r. 225(2),
225(3)
$200
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2336 Being the owner of a
vessel fail to have
equipment readily
accessible and in
good order
MR r. 226 $120
2337 Being the owner or
operator of a vessel
overload vessel
MR
r. 227(1),
227(2)
$200
Blood Alcohol Offences
2338 Being a person in
charge of vessel
underway with
unlawful blood
alcohol level of
·05g/100ml or more
than ·05g/100ml but
less than ·10g/100ml
but not being a
person—
(a) under the age of
21 years; or
(b) who, by reason
of section
27(1AAA) of
the MA, is taken
to be in charge of
the vessel
MA
s. 28(1)(b)
$300
-- 60 of 66 --
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Marine (Amendment) Regulations 2001
58
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2339 Being a person in
charge of vessel
underway with
unlawful blood
alcohol level of
·10g/100ml or more
than ·10g/100ml but
less than ·15g/100ml
but not being a
person—
(a) under the age of
21 years; or
(b) who, by reason
of section
27(1AAA) of
the MA, is taken
to be in charge of
the vessel
MA
s. 28(1)(b)
$420
General Offences
2340 Operate vessel on
coastal waters
without approved
emergency position
indicating radio
beacon
MR r. 207 $160
2341 Being an owner of a
vessel, operate, or
allow the vessel to be
operated, without
certificate of survey
MA
s. 97(1)
$500
r. 19 r. 19
-- 61 of 66 --
S.R. No. 127/2001
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59
2342 Being master of a
vessel, operate the
vessel without
certificate of survey
MA
s. 97(2)
$250
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
2343 Act as master or crew
member on vessel
without a certificate
required by the
regulations
MA
s. 94(1)
$250
2344 Employ or engage
person to act as
master or crew
member on vessel if
person does not have
a certificate required
by the regulations
MA
s. 94(2)
$250
2345 Being an owner of
vessel, cause or allow
vessel to be operated
when crewed by
people without
appropriate
certificates
MA
s. 94(3)
$250
2346 Fail to carry
certificate, licence or
exemption whilst
operating a vessel
covered by that
certificate or licence
or exemption
MR r. 321 $80
Operation of vessels
5701 Refuse or fail to
surrender a document
required by a notice
MA
s. 28C(5)
$120
r. 19
-- 62 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
60
of suspension of
operator licence
under section 28C(1)
of the MA
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
5702 Fail to comply with a
notice to surrender
licence served under
section 61BA(4) of
the MA within the
specified time
MA
s. 61BA(5)
$120
5703 Operate a general
recreational vessel
other than in
accordance with an
operator licence
issued under
Part 10A of the MA
MA
s. 115(1)
$200
5704 Operate a personal
watercraft other than
in accordance with a
licence issued under
Part 10A of the MA
that is endorsed to
authorise such use
MA
s. 115(2)
$250
5705 Apply for or obtain
an operator licence
while disqualified
from doing so
MA
s. 123(1)
$250
5706 Operate a general
recreational vessel in
breach of condition
of an operator licence
MA
s. 129(1)
$200
5707 Operate a personal
watercraft in breach
of a condition of an
MA
s. 129(2)
$250
r. 19
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S.R. No. 127/2001
Marine (Amendment) Regulations 2001
61
operator licence or
personal watercraft
endorsement on that
licence
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
5708 Operate a regulated
recreational vessel in
breach of a condition
of a licence or
certificate issued in
another State,
Territory or country
MA s. 130 $200
5709 Operate regulated
recreational vessel
without being in
possession of
operator licence
document
MA s. 133 $80
5710 Being the owner of a
trading, fishing or
hire and drive vessel,
allow that vessel to
operate without
carrying on board the
certificate of survey
issued in respect of
that vessel or a
certified copy of it
MR
r. 216A(1)
$250
5711 Being the master of a
trading or fishing
vessel, allow that
vessel to operate
without carrying and
displaying on board
the certificate of
survey issued in
respect of that
vessel or a certified
MR
r. 216A(2)
$250
r. 19
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Marine (Amendment) Regulations 2001
62
copy of it
Column 1
Code
Column 2
Short description
of offence
Column 3
Provision
Containing
Offence
Column 4
Penalty
5712 Fail to produce an
operator licence if a
licence is required to
operate the vessel
MA
s. 19(4)(c)
$120
5713 Fail to produce a
certificate, licence or
exemption issued
under the Regulations
while operating a
vessel covered by
that certificate,
licence or exemption
MA
s. 19(4)(d)
$120
".
20. Amendment to Schedule 14
In Schedule 14 to the Principal Regulations, after
"Manner in which the penalty must be paid:"
insert—
"Place at which the penalty must be paid:".
═══════════════
r. 20
-- 65 of 66 --
S.R. No. 127/2001
Marine (Amendment) Regulations 2001
63
ENDNOTES
1 Reg 4: S.R. No 145/1999 as amended by S.R. Nos 13/2000 and 91/2001.
Table of Applied, Adopted or Incorporated Matter required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the
Subordinate Legislation Regulations 1994.
Statutory Rule
provision
Title of applied, adopted or
incorporated document
Matter in applied,
adopted or
incorporated
document
Regulation 7
which amends
regulation
209(2)(d) of the
Principal
Regulations
International Code of Signals Appendix 2
Code Flag R
Regulation 8
which amends
regulation
211(2)(e) of the
Principal
Regulations
International Code of Signals Appendix 2
Code Flag R
Endnotes
-- 66 of 66 --