Marine Regulations 1999

i Marine Regulations 1999 S.R. No. 145/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 100. Objectives 1 101. Authorising provisions 2 102. Revocation 2 103. Definitions 2 PART 2—VESSEL OPERATION, CONSTRUCTION AND EQUIPMENT 8 Division 1—Safe Operation of vessels 8 200. Personal Flotation Device 8 201. Power to prohibit operation of vessel 8 202. Written direction with reasons to be given 9 203. Review of direction 9 204. Revocation of direction 10 205. International regulations for preventing collisions at sea 10 206. Emergency procedures and safety of navigation—trading and fishing vessels 10 207. Vessels not to be operated unless fitted with EPIRBS 11 208. Certificate of survey for vessel to be endorsed for Port Phillip Heads 11 209. Owner and master to comply with conditions for Port Phillip Heads 12 210. Certificate of survey for vessel to be endorsed for Lakes Entrance Bar 14 211. Owner and master to comply with conditions for Lakes Entrance Bar 14 Division 2—Survey, construction and equipment of commercial vessels 16 212. Survey of trading, fishing and hire and drive vessels 16 213. Certificate of survey to be subject to conditions for Port Phillip Heads 17 214. Certificate of survey to be subject to conditions for Lakes Entrance Bar 17 -- 1 of 116 -- Regulation Page ii 215. Trading and fishing vessels—construction and equipment 17 216. Hire and drive vessels—construction and equipment 17 Division 3—Operation of hire and drive vessels 18 217. Maintenance and production of register of hire contracts 18 218. Sale or purchase of hire and drive vessel 18 219. Owner to report accident involving hire and drive vessel 19 220. Use of hire and drive vessel 20 221. Instructions to be given to hirers 20 222. Reckless operation of hire and drive vessel 21 223. Person under 10 to wear personal flotation device 22 224. Fuelling of hire and drive vessel 22 225. Naked flame on hire and drive vessel 22 226. Stowage of equipment on hire and drive vessel 23 227. Hire and drive vessel not to be overloaded 23 Division 4—Recreational vessels 24 228. Construction of recreational vessels 24 229. Operation of recreational vessels 24 230. Equipment to be carried on recreational vessels 24 231. Exemption from requirements of regulation 230 25 232. Person under 10 to wear lifejackets 25 233. Fuelling of recreational vessel 26 234. Naked flame on recreational vessel 26 235. Stowage of equipment on recreational vessel 26 236. Overloaded recreational vessel not to be operated 27 PART 3—CREWING, CERTIFICATES AND LICENCES 30 Division 1—Crewing of vessels and certificates of competence 30 300. Crewing of trading vessels 30 301. Crewing of fishing vessels 30 302. Certificates of competency under the Uniform Shipping Laws Code 30 303. Certificate of competency 31 304. Certificate of competency to be subject to endorsement for Port Phillip Heads 32 305. Requirements to be met before a certificate of competency may be endorsed for Port Phillip Heads 32 306. Period of endorsement remains in force for Port Phillip Heads 32 307. Certificate of competency to be subject to endorsement for Lakes Entrance Bar 33 308. Special requirements for Lakes Entrance Bar 33 309. Period of endorsement remains in force for Lakes Entrance Bar 34 -- 2 of 116 -- Regulation Page iii Division 2—Pilots, Pilot Exemption and Local Knowledge 34 310. Offence to act as a pilot without a licence 34 311. Pilot exempt master 34 312. Pilot licence or pilot exemption 35 313. Qualifications for the issue of a pilot licence and pilot exemption 35 314. Period a pilot licence or pilot exemption remains valid 36 315. Local knowledge certificate 36 316. Circumstances in which holder of local knowledge certificate is not required to use pilot 36 317. Local knowledge certificate 36 318. Period a certificate of local knowledge remains valid 37 Division 3—Harbour masters 38 319. Harbour master licence 38 320. Period harbour master licence remains in force 39 Division 4—Carriage of certificate, licence or exemption 39 321. Carriage of certificate, licence or exemption 39 PART 4—REGISTRATION OF VESSELS 40 Division 1—Registration of vessels 40 400. Requirements for registration of vessels 40 401. Period of registration 41 402. Registration label and identification mark 41 403. Cancellation of registration 42 404. Suspension of registration 43 405. Transfer of registered vessel 43 406. General exemptions from registration 44 Division 2—Identification Plates and Marks 46 407. Special identification plates and marks 46 408. Conditions of use of special identification plates and marks 46 PART 5—BREATH AND BLOOD TESTS 48 500. Prescribed breath test devices 48 501. Procedure for breath analysis 48 502. Breath analysis certificate 48 503. Method of obtaining blood sample 49 504. Procedure after taking blood sample 49 505. Certificate by medical practitioner taking blood sample 50 506. Analysts certificate 50 -- 3 of 116 -- Regulation Page iv PART 6—PRESCRIBED MEASURING DEVICES 51 600. Prescribed measuring devices 51 601. Testing Officer 51 602. Testing of prescribed measuring devices 51 603. Sealing of prescribed measuring devices 52 604. Use of laser devices 53 PART 7—EVIDENTIARY AND OTHER REQUIREMENTS 54 700. Certificate as to matter extracted from Board's records 54 701. Certificate as to name in which vessel is registered 54 702. Provision of false or misleading information 54 PART 8—FEES 55 Division 1—Survey of vessels and examination of plans 55 800. Existing vessel 55 801. Application fee for all new vessels surveys and plan approvals 55 802. Plan approval fees 55 803. Fees for new vessel survey by the Board 56 804. Fee for booking a survey for existing vessel 57 805. Fee for survey of existing vessels 58 806. Fee for additional visit for existing vessel survey 59 807. Fee for considering application for alteration to classification or specification of vessel 59 808. Inspection fee for alteration to classification or specification of vessel 59 809. Fee for plan approval for alteration to classification or specification of vessel 59 810. Fee for issue of certificate of survey 60 811. Fee for issue of duplicate certificate of survey 60 Division 2—Certificates of competency and licences 60 812. Application fee for issue, variation or renewal of certificate of competency 60 813. Fee for issue or renewal of certificates 60 814. Fee for variation of certificates 60 815. Fee for issue of duplicate certificate 60 816. Examination fees for certificates 61 817. Fee for application for issue, variation or renewal of pilot licence 61 818. Fee for issue or renewal of pilot licence 62 819. Fee for variation of pilot licence 62 820. Fee for duplicate of pilot licence 62 821. Examination fees for pilot licences 62 822. Fee for application for issue, variation or renewal of pilot exemption certificate 63 -- 4 of 116 -- Regulation Page v 823. Fee for issue or renewal of pilot exemption certificate 63 824. Fee for variation of pilot exemption certificate 63 825. Fee for duplicate of pilot exemption certificate 63 826. Fee for conduct of examination by Board for issue, variation or renewal of pilot exemption certificate 64 Division 3—Boating facilities and safety education fee 65 827. Fees for boating facilities and safety education 65 828. Fees for marks and plates for manufacturers and dealers 65 829. Transfer fee on second-hand recreational vessel 66 PART 9—MARINE INFRINGEMENT NOTICES 67 900. Prescribed offences 67 901. Service of marine infringement notice 67 902. Form of marine infringement notice 67 903. Payment of penalty 67 904. Service of notice of withdrawal 68 905. Form of notice of withdrawal 68 906. Proof of prior convictions or findings of guilt 68 PART 10—SAVINGS AND TRANSITIONALS 69 1000. Definitions 69 1001. Previously issued certificates 69 1002. Previously issued licences 69 1003. Previously issued pilot exemption 69 1004. Previous registration of a vessel 70 1005. Previous special identification plates and marks 70 1006. Infringement notices issued under 1988 regulations 70 1007. Interpretation of Legislation Act not limited 72 __________________ SCHEDULE 73 SCHEDULE 1—Regulations revoked 73 SCHEDULE 2—Types of personal flotation devices 74 SCHEDULE 3—Construction of recreational vessels 77 SCHEDULE 4—Table of equipment required on recreational vessels operating in state waters other than inland or enclosed waters 80 SCHEDULE 5—Table of equipment required on recreational vessels operating only on inland or enclosed waters 82 SCHEDULE 6—Qualifying training for port phillip heads 83 -- 5 of 116 -- Regulation Page vi SCHEDULE 7—Qualifying sea service and training for the lakes entrance bar 84 SCHEDULE 8—Certificate of results of breath analysis 85 SCHEDULE 9—Certificate by medical practitioner taking blood sample 86 SCHEDULE 10—Aanalyst's certificate 87 SCHEDULE 11—Certificate as to matters which appear in or can be calculated from the records kept by the marine board of victoria 88 SCHEDULE 12—Certificate as to registration of vessel issued under section 89(3) of the marine act 89 SCHEDULE 13—Marine infringements 90 SCHEDULE 14—Marine infringement notice for the purposes of section 60(2) of the Marine Act 1988 100 SCHEDULE 15—Notice of withdrawal of marine infringement notice 101 SCHEDULE 16—Particulars of alleged prior convictions or findings of guilt 102 ═══════════════ NOTES 103 -- 6 of 116 -- 1 STATUTORY RULES 1999 S.R. No. 145/1999 Marine Act 1988 Marine Regulations 1999 The Governor in Council makes the following Regulations: Dated: 21 December 1999 Responsible Minister: CANDY BROAD Minister for Ports HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 100. Objectives The objectives of these Regulations are— (a) to provide for the registration and operation of vessels; (b) to give effect to certain international conventions relating to the operation of vessels; (c) to provide for marine infringements; (d) to provide for the payment of fees to the Board; (e) to prescribe penalties for offences; (f) generally to provide for various other matters authorised or required to be prescribed for the purposes of the Act. -- 7 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 2 101. Authorising provisions These Regulations are made under sections 10, 55, 56, 58, 59, 105, 108 and 109 of the Marine Act 1988. 102. Revocation The Regulations listed in Schedule 1 are revoked. 103. Definitions In these Regulations— "Act" means Marine Act 1988; "class 1 vessel" means any passenger vessel carrying more than 12 passengers (excluding any hire and drive vessels); "class 2 vessel" means any trading vessel carrying up to 12 passengers; "class 3 vessel" means any fishing vessel; "class 1F vessel" means any hire and drive vessel; "enclosed waters" means— (a) the waters inside the seaward entrance of the ports of Apollo Bay, Anderson Inlet, Gippsland Lakes, Snowy River, Mallacoota, and Port Fairy designated under Part 10 of the Act; and (b) the waters of the Port of Barwon Heads upstream of the Barwon Heads–Ocean Grove road bridge; and (c) the waters of the Port of Corner Inlet and Port Albert east of a line between Port Welshpool shipping pier and Bentley Point (inside the entrances); and (d) the waters of Shallow Inlet; and r. 101 -- 8 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 3 (e) the port waters (inside the entrance) of the Port of Portland; "hand held orange smoke signal" means a hand held orange smoke signal of a type that complies with— (a) the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix V; or (b) the Australian Standard AS 2092–1988 Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft as published by the Standards Association of Australia on 3 October 1988; "hand held red distress flare" means a hand held red distress flare of a type that complies with— (a) the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix V; or (b) the Australian Standard AS 2092–1988 Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft as published by the Standards Association of Australia on 3 October 1988; "inland waters" means— (a) rivers (inside the seaward entrance), creeks, canals, lakes, reservoirs and any similar waters either naturally formed or man made and which are either publicly or privately owned; and (b) the waters inside the seaward entrance of any rivers, creeks or streams which flow into port waters or ports designated under Part 10 of the Act; r. 103 -- 9 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 4 "Lakes Entrance Bar" means the sand bar at the entrance to the Port of Gippsland Lakes as shown on the chart AUS 182 "Lakes Entrance", published by the Hydrographic Service, Royal Australian Navy, 30 January 1998; "lifebuoy" means a lifebuoy of a type that complies with— (a) the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix P; or (b) the Australian Standard AS 2261–1979 Rescue Buoys as published by the Standards Association of Australia on 1 July 1979; or (c) the Australian Standard AS 2261–1990 Rescue Buoys as published by the Standards Association of Australia on 12 March 1990; "open area" means an area on a trading vessel that— (a) is not closed or locked; and (b) is open on the boundary on its after side; "passenger" means any person on board a vessel other than— (a) the master and members of the crew or other persons employed or engaged in any capacity in the business of that vessel; and (b) a child under one year of age; r. 103 -- 10 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 5 "portable fire extinguisher" means a portable fire extinguisher of a type that— (a) if the extinguishing medium is dry chemical powder, complies with the Australian Standard AS 1846–1985 Portable Fire Extinguishers—Powder Type as published by the Standards Association of Australia on 4 November 1985; or (b) if the extinguishing medium is carbon dioxide, complies with the Australian Standard AS 1847–1985 Portable Fire Extinguishers—Carbon Dioxide Type as published by the Standards Association of Australia on 4 November 1985; or (c) if the extinguishing medium is a foam chemical type, complies with the Australian Standard AS 1843–1985 Foam (Chemical) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985; or (d) if the extinguishing medium is a foam gas container type, complies with the Australian Standard AS 1844–1985 specification for Portable Fire Extinguishers—Foam (Gas Container) Type as published by the Standards Association of Australia on 4 November 1985; or (e) if the extinguishing medium is a foam stored pressure type, complies with the Australian Standard AS 1845–1985 Portable Fire Extinguishers—Foam (Stored Pressure) Type as published by r. 103 -- 11 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 6 the Standards Association of Australia on 4 November 1985; or (f) if the extinguishing medium is a wet chemical type, complies with Australian Standard AS 1841.3–1997 Portable Fire Extinguishers Part 3: Wet Chemical Type as published by the Standards Association of Australia on 5 April 1997; or (g) if the extinguishing medium is a foam type, complies with Australian Standard AS 1841.4–1997 Portable Fire Extinguishers Part 4: Foam Type as published by the Standards Association of Australia on 5 April 1997; or (h) if the extinguishing medium is a powder type, complies with Australian Standard AS 1841.5–1997 Portable Fire Extinguishers Part 5: Powder Type as published by the Standards Association of Australia on 5 April 1997; or (i) if the extinguishing medium is a carbon dioxide type, complies with Australian Standard AS 1841.6–1997 Portable Fire Extinguishers Part 6: Carbon Dioxide Type as published by the Standards Association of Australia on 5 April 1997; "Port Phillip Heads" means the waters between an imaginary line drawn between Shortland Bluff and Point Nepean and the seaward limits of an imaginary line of a radius of 3 nautical miles centred on Point Lonsdale, also known as "The Rip", as shown on the chart AUS 143 "Port Phillip", published by the Hydrographic Service, Royal Australian r. 103 -- 12 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 7 Navy, 2 May 1973, but excludes those waters— (a) landward of an imaginary line drawn between Shortland Bluff and Point Lonsdale; and (b) landward of an imaginary line drawn from Shortland Bluff with a radius of 0·3 of a nautical mile; "testing officer" means a testing officer referred to in regulation 601. _______________ r. 103 -- 13 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 8 PART 2—VESSEL OPERATION, CONSTRUCTION AND EQUIPMENT Division 1—Safe Operation of vessels 200. Personal Flotation Device In this Part "personal flotation device" means any of the following— (a) a life jacket of a type listed in Part 3 of Schedule 2; (b) a buoyancy vest of a type listed in Part 2 of Schedule 2; (c) a buoyancy garment of a type listed in Part 1 of Schedule 2; (d) a personal flotation device of a type listed in Part 4, 5 or 6 of Schedule 2. 201. Power to prohibit operation of vessel For the purposes of section 14 of the Act, the Board or a member of the police force may, in writing, direct the operator of a particular vessel that the vessel must not be operated on State waters if the Board or the member of the police force considers that— (a) the vessel is loaded with persons, cargo and equipment or other items that will make or are likely to make the vessel unstable; or (b) the vessel is constructed in a manner that would place any occupant of the vessel at risk of injury or death; or (c) the vessel is of a design that is not suitable for the intended voyage or use; or r. 200 -- 14 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 9 (d) the machinery on board the vessel is unsafe or could create a fire or explosion on the vessel; or (e) the machinery proposed to propel the vessel makes the vessel unsafe or unseaworthy or can develop power in excess of the maximum power recommended by the manufacturer of the vessel; or (f) the cargo or goods carried on the vessel could be a risk— (i) to that vessel; or (ii) to other vessels; or (iii) to people on the vessel; or (iv) to people on other vessels; or (g) the vessel is generally unseaworthy. 202. Written direction with reasons to be given If the Board or a member of the police force gives a direction under section 14 of the Act, a copy of the direction, and the reasons for making the direction, must be given to the owner and operator of the vessel as soon as practicable after that direction was given. 203. Review of direction (1) The owner or operator of the vessel may, within 14 days after the date that a copy of a direction under regulation 202 was given, apply to the Board for the direction to be reviewed. (2) The Board must, within 14 days after the date an application under sub-regulation (1) is received, review the direction given to the applicant. r. 202 -- 15 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 10 204. Revocation of direction If the Board considers that a direction under section 14 of the Act should no longer apply, the Board— (a) may revoke the direction in writing; and (b) must provide the owner and the operator of the vessel with a copy of the written revocation of the direction as soon as practicable. 205. International regulations for preventing collisions at sea (1) The master of a vessel must observe the Prevention of Collisions Convention when operating a vessel on state waters. (2) For the purposes of sub-regulation (1), Annex I, Annex II and Annex III of the Prevention of Collisions Convention do not apply to vessels on inland waters. 206. Emergency procedures and safety of navigation— trading and fishing vessels The master of any of the following vessels must observe Chapter V of the regulations contained in the Annex to the Safety Convention (other than regulation 13 or 15 of that Chapter of those regulations) and the Protocol of 1978 relating to the Safety Convention— (a) a trading ship within the meaning of section 6 of the Commonwealth Navigation Act 1912 proceeding on a voyage other than an overseas voyage or an inter-State voyage; (b) an Australian fishing vessel within the meaning of section 6 of that Act proceeding on a voyage other than an overseas voyage; r. 204 -- 16 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 11 (c) an inland waterways vessel within the meaning of section 6 of that Act; (d) a pleasure craft within the meaning of section 6 of that Act; (e) an off-shore industry vessel within the meaning of section 8 of that Act— (i) in respect of which there is not in force a declaration under section 8A(5) of that Act; and (ii) that is proceeding on a voyage other than an overseas voyage or an inter- State voyage. 207. Vessels not to be operated unless fitted with EPIRBS A person must not operate a vessel on coastal waters more than 2 nautical miles from the shore unless the vessel is provided with an emergency position indicating radio beacon of a type approved by the Australian Maritime Safety Authority that has— (a) an operational frequency of 121·5 MHz and 243 MHz; or (b) an operational frequency of 406 MHz. Penalty: 5 penalty units. 208. Certificate of survey for vessel to be endorsed for Port Phillip Heads (1) The owner of a trading vessel must ensure that the vessel does not carry passengers in or through Port Phillip Heads unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Board for the carriage of passengers in or through Port Phillip Heads. Penalty: 20 penalty units. r. 207 -- 17 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 12 (2) The master of a trading vessel must ensure that the vessel does not carry passengers in or through Port Phillip Heads unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Board for the carriage of passengers in or through Port Phillip Heads. Penalty: 20 penalty units. 209. Owner and master to comply with conditions for Port Phillip Heads (1) The owner of a trading vessel that is carrying passengers in or through Port Phillip Heads must take all reasonable steps to ensure that— (a) the vessel does not enter and does not traverse Port Phillip Heads— (i) outside the hours of daylight; or (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and each crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses Port Phillip Heads; and (c) before the vessel enters Port Phillip Heads, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and r. 209 -- 18 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 13 (d) the vessel prominently flies Code Flag "R" of the International Code of Signals 1969, when the vessel enters and while the vessel traverses Port Phillip Heads. Penalty: 20 penalty units. (2) The master of a trading vessel that is carrying passengers in or through Port Phillip Heads, must ensure that— (a) the vessel does not enter and does not traverse Port Phillip Heads— (i) outside the hours of daylight; or (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and each crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses Port Phillip Heads; and (c) before the vessel enters Port Phillip Heads, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and (d) the vessel prominently flies Code Flag "R" of the International Code of Signals 1969, when the vessel enters and while the vessel traverses Port Phillip Heads. r. 209 -- 19 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 14 Penalty: 20 penalty units. 210. Certificate of survey for vessel to be endorsed for Lakes Entrance Bar (1) The owner of a trading vessel must ensure that the vessel does not carry passengers while operating across the Lakes Entrance Bar unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Board for the carriage of passengers across the Lakes Entrance Bar. Penalty: 20 penalty units. (2) The master of a trading vessel must ensure that the vessel does not carry passengers while operating across the Lakes Entrance Bar unless the vessel has a current valid certificate of survey that has been specifically endorsed by the Board for the carriage of passengers across the Lakes Entrance Bar. Penalty: 20 penalty units. 211. Owner and master to comply with conditions for Lakes Entrance Bar (1) The owner of a trading vessel, operating that vessel that is carrying passengers in or through the Lakes Entrance Bar must take all reasonable steps to ensure that— (a) the vessel does not enter and does not traverse the Lakes Entrance Bar— (i) outside the hours of daylight; or (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the actual sea and swell conditions exceed 2 metres in height; or r. 210 -- 20 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 15 (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (c) before the vessel enters the Lakes Entrance Bar, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and (d) all passengers are located in the open area of the vessel when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (e) the vessel prominently flies Code Flag "R" of the International Code of Signals 1969, when the vessel enters and while the vessel traverses the Lakes Entrance Bar. Penalty: 20 penalty units. (2) The master operating a trading vessel that is carrying passengers in or through the Lakes Entrance Bar, must ensure that— (a) the vessel does not enter and does not traverse the Lakes Entrance Bar— (i) outside the hours of daylight; or (ii) when the 24 hour weather forecast predicts sea and swell conditions exceeding 2 metres in height, or the r. 211 -- 21 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 16 actual sea and swell conditions exceed 2 metres in height; or (iii) when the 24 hour weather forecast predicts wind exceeding 20 knots from the southerly semi-circle of the compass, or the actual wind exceeds 20 knots from the southerly semi-circle of the compass; and (b) each passenger and crew member is wearing a lifejacket of a type listed in Part 3 of Schedule 2 when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (c) before the vessel enters the Lakes Entrance Bar, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and (d) all passengers are located in the open area of the vessel when the vessel enters and while the vessel traverses the Lakes Entrance Bar; and (e) the vessel prominently flies Code Flag "R" of the International Code of Signals 1969, when the vessel enters and while the vessel traverses the Lakes Entrance Bar. Penalty: 20 penalty units. Division 2—Survey, construction and equipment of commercial vessels 212. Survey of trading, fishing and hire and drive vessels (1) For the purposes of section 97 of the Act, a certificate of survey for a trading, fishing or a hire r. 211 -- 22 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 17 and drive vessel may be issued by the Board for a period not exceeding 12 months. (2) Section 14 of the Uniform Shipping Laws Code extends and applies with respect to the requirements for the issue of a certificate of survey for a trading, fishing or hire and drive vessel. 213. Certificate of survey to be subject to conditions for Port Phillip Heads A certificate of survey issued by the Board to a trading vessel to carry passengers in or through Port Phillip Heads may be limited by any conditions determined by the Board. 214. Certificate of survey to be subject to conditions for Lakes Entrance Bar A certificate of survey issued by the Board to a trading vessel to carry passengers across the Lakes Entrance Bar may be limited by conditions determined by the Board. 215. Trading and fishing vessels—construction and equipment The following provisions of the Uniform Shipping Laws Code extend and apply to trading vessels and fishing vessels— (a) sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L and M; (b) section 6; (c) section 7 (except clauses 74.4 and 74.5); (d) sections 8A, B and C; (e) Sections 9, 10, 11, 12 and 13. 216. Hire and drive vessels—construction and equipment r. 216 -- 23 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 18 The owner and the operator of a hire and drive vessel must observe section 18 of the Uniform Shipping Laws Code (except clauses 2.4.1, 2.5.1, 2.5.3 and Part 3 and Part 4). Division 3—Operation of hire and drive vessels 217. Maintenance and production of register of hire contracts (1) The owner of a hire and drive vessel must, in respect of any hire and drive contract entered into for the use of that vessel, maintain a register in a form approved by the Board which includes— (a) the full name, address and signature of the hirer; and (b) the date and time that the vessel was hired to the hirer; and (c) the number of people to be carried on the vessel; and (d) the date and time that the vessel was returned by the hirer. Penalty: 2 penalty units. (2) A person who hires a hire and drive vessel must provide to the owner of the vessel the details specified in sub-regulation (1)(a) and (c). Penalty: 2 penalty units. (3) The owner of a hire and drive vessel must, if requested by a member of the police force or by an officer of the Board, produce for inspection the register maintained under sub-regulation (1). Penalty: 2 penalty units. 218. Sale or purchase of hire and drive vessel r. 218 -- 24 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 19 (1) The owner of a hire and drive vessel who sells or otherwise disposes of the vessel must, within 14 days after the sale or disposal of the vessel, notify the Board in writing of— (a) the date of the sale or disposal of the vessel; and (b) the name, identification number and description of the vessel; and (c) the name and address of the purchaser or person acquiring the vessel; and (d) the owner's full name and address. Penalty: 2 penalty units. (2) A person who purchases or otherwise acquires a hire and drive vessel must, within 14 days after the purchase or acquisition, notify the Board in writing of— (a) the date of the purchase or acquisition of the vessel; and (b) the name, identification number, and description of the vessel; and (c) his or her full name and address. Penalty: 2 penalty units. 219. Owner to report accident involving hire and drive vessel The owner of a hire and drive vessel which is involved in an accident resulting in personal injury or property damage must report, in writing and without delay, to the Board full particulars of the accident. Penalty: 3 penalty units. r. 219 -- 25 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 20 220. Use of hire and drive vessel The hirer, and the operator (if the hirer is not the operator), of a hire and drive vessel must not— (a) permit any equipment listed on the certificate of survey for the vessel to be improperly used or handled; or (b) permit the vessel to proceed beyond or outside the geographical limits specified on the certificate of survey for the vessel. Penalty: 4 penalty units. 221. Instructions to be given to hirers (1) The owner of a hire and drive vessel must take reasonable steps to ensure that the vessel is not hired out to a hirer, and operator (if the hirer is not the operator), or operated by a person who is not competent to take charge of that vessel within the geographical limits specified by the Board on the certificate of survey for the vessel. Penalty: 5 penalty units. (2) The owner of a hire and drive vessel must ensure that any person who hires the vessel and any person who operates the vessel is given clear and concise instructions about— (a) the correct and safe handling and navigation of the vessel; and (b) the correct and safe operation of machinery, fuel, gas and pumping systems and valves or openings in the hull of the vessel; and (c) the storage and use of life saving appliances, fire appliances and other safety equipment; and (d) the geographical limits of operation of the vessel. -- 26 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 21 Penalty: 5 penalty units. (3) The owner of a hire and drive vessel must ensure that any person who hires the vessel and any person who operates the vessel is given a plan showing the geographical limits within which the vessel may be operated. Penalty: 5 penalty units. (4) The owner of a hire and drive vessel must obtain from the person hiring the vessel a signed statement indicating that the person fully understands the geographical limits and restrictions and any conditions that the Board has certified on the certificate of survey about the use of the vessel. Penalty: 5 penalty units. 222. Reckless operation of hire and drive vessel (1) A person must not operate a hire and drive vessel on State waters recklessly, negligently or in a way that is dangerous to the public or that is likely in any way to cause injury or damage to any person or property. Penalty: 20 penalty units. (2) A person must not when being towed or propelled by a hire and drive vessel on State waters (whether or not the person is riding on water skis or a surfboard or any other device), act recklessly, negligently or in a way that is dangerous to the public or that is likely in any way to cause injury or damage to any person or property. Penalty: 20 penalty units. r. 222 -- 27 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 22 (3) Sub-regulations (1) and (2) do not apply to a person who uses a vessel in accordance with section 26 of the Act to assist a person in distress. 223. Person under 10 to wear personal flotation device (1) The owner of a hire and drive vessel must ensure that, when the vessel departs on a voyage on State waters, every person under the age of 10 years on that vessel is wearing a personal flotation device. Penalty: 4 penalty units. (2) The hirer of a hire and drive vessel must ensure that, when that vessel is underway on State waters, every person under the age of 10 years on the vessel is wearing a personal flotation device. Penalty: 4 penalty units. (3) Sub-regulations (1) and (2) do not apply to a person under the age of 10 years who is within a deck house, a cabin, a half-cabin or a securely enclosed under-deck space on the vessel. 224. Fuelling of hire and drive vessel (1) The owner of a hire and drive vessel, which is under the owner's immediate control, must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel. Penalty: 4 penalty units. (2) The hirer, and the operator (if the operator is not the hirer), of a hire and drive vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel. Penalty: 4 penalty units. 225. Naked flame on hire and drive vessel (1) The owner of a hire and drive vessel must not permit any appliance which produces a naked r. 223 -- 28 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 23 flame to be installed in any compartment of the vessel containing motors or a fuel tank. Penalty: 4 penalty units. (2) The owner of a hire and drive vessel, which is under the owner's immediate control, must not permit any appliance which produces a naked flame to be used in any compartment of the vessel containing motors or a fuel tank. Penalty: 4 penalty units. (3) The hirer, and the operator (if the operator is not the hirer), of a hire and drive vessel must not permit any appliance which produces a naked flame to be used in any compartment of the vessel containing motors or a fuel tank. Penalty: 4 penalty units. 226. Stowage of equipment on hire and drive vessel The owner of a hire and drive vessel must take reasonable steps to ensure that all lifesaving equipment fire extinguishers and other safety equipment carried on the vessel are— (a) placed so that they are readily accessible; and (b) maintained in good order and working condition. Penalty: 4 penalty units. 227. Hire and drive vessel not to be overloaded (1) The owner of a hire and drive vessel which is under the owner's immediate control, must not permit more than the maximum number of passengers, as specified on the certificate of survey, on board the vessel at any one time. Penalty: 4 penalty units. r. 227 -- 29 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 24 (2) A person must not operate a hire and drive vessel that has more than the maximum number of passengers, as specified on the certificate of survey, on board the vessel at any one time. Penalty: 4 penalty units. Division 4—Recreational vessels 228. Construction of recreational vessels A person who constructs a recreational vessel must do so in accordance with the requirements of Schedule 3. Penalty: 5 penalty units. 229. Operation of recreational vessels A person must not operate a recreational vessel on State waters unless it is constructed in accordance with Schedule 3. Penalty: 5 penalty units. 230. Equipment to be carried on recreational vessels (1) A person must not operate a recreational vessel in State waters (other than inland or enclosed waters) unless the vessel is— (a) equipped with each of the items specified in Column 1 of Part A of the Table in Schedule 4 in the quantity specified opposite that item in the Column of the Table that applies to that vessel; and (b) equipped with an anchor cable of the length and diameter specified in Part B of the Table in Schedule 4 opposite the type (if any) of anchor cable in the Column of the Table that applies to that vessel. Penalty: 5 penalty units. -- 30 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 25 (2) A person must not operate a recreational vessel in inland or enclosed waters unless the vessel is equipped with each of the items specified in Column 1 of the Table in Schedule 5 in the numbers (if any) specified opposite that item in the Column of the Table that applies to that vessel. Penalty: 5 penalty units. 231. Exemption from requirements of regulation 230 (1) The Board may, by notice published in the Government Gazette, exempt any person or any class of persons in respect of any vessel or any class of vessels from the requirements of regulation 230. (2) The Board may impose conditions on an exemption relating to all or any of the following— (a) specifying the type of vessel to which the exemption applies; (b) specifying the activity that the vessel is engaged in; (c) requiring the occupants of the vessel to wear particular equipment or devices; (d) requiring the vessel to be used for particular purposes; (e) specifying the length of the vessel. (3) A person must comply with any conditions that apply to exemptions given under this regulation. Penalty: 5 penalty units. 232. Person under 10 to wear lifejackets (1) The operator of a recreational vessel must ensure that when the vessel is under way on State waters every person under the age of 10 years on that vessel is wearing a personal flotation device. r. 231 -- 31 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 26 Penalty: 4 penalty units. (2) Sub-regulation (1) does not apply to a person under the age of 10 years being carried on a recreational vessel if that person is within a deck house, a cabin, a half-cabin or a securely enclosed under-deck space on the vessel. 233. Fuelling of recreational vessel The operator of a recreational vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel. Penalty: 4 penalty units. 234. Naked flame on recreational vessel (1) The owner of a recreational vessel must ensure that any appliance which produces a naked flame is not installed in any compartment of the vessel that contains motors or a fuel tank. Penalty: 4 penalty units. (2) The operator of a recreational vessel must ensure that any appliance which produces a naked flame is not used in any compartment of the vessel that contains motors or a fuel tank. Penalty: 4 penalty units. 235. Stowage of equipment on recreational vessel A person must not operate a recreational vessel unless the lifesaving equipment and fire extinguishers carried on the vessel are— (a) placed so that they are readily accessible; and (b) maintained in good order and working condition. r. 235 -- 32 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 27 Penalty: 4 penalty units. 236. Overloaded recreational vessel not to be operated (1) A person must not operate a recreational vessel that is overloaded within the meaning of this regulation. Penalty: 4 penalty units. (2) A recreational vessel is overloaded— (a) if the number of persons on the vessel exceeds the maximum number of persons specified by the manufacturer of the vessel on a capacity plate attached to the vessel; or (b) if— (i) the recreational vessel is of a length specified in Column 1 of the following Table and the number of persons being carried on board the vessel as specified in Column 2 of the Table is exceeded— Table Column 1 Length of recreational vessel Column 2 Maximum No. of Persons Less than 3 metres 2 3 metres or more but less than 3·5 metres 3 Column 1 Length of recreational vessel Column 2 Maximum No. of Persons 3·5 metres or more but less than 4·5 metres 4 4·5 metres or more but less than 5 metres 5 -- 33 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 28 5 metres or more but less than 5·5 metres 6 5·5 metres or more but less than 6 metres 7 ; or (ii) if the vessel is a single deck vessel and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater— P = 0·75 x L x √B where— P = the number of people; L = the length of the vessel in metres; B = the width of the vessel in metres; or (iii) if the vessel is fitted with a flying bridge and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater— P = 0·6 x L x √B where P, L and B have the same meaning as they have in sub-paragraph (ii); or (iv) if the vessel is fitted with a flying bridge and the number of people carried on that flying bridge exceeds one r. 236 -- 34 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 29 quarter of the number of people (rounded up to the nearest whole number) permitted to be carried on the vessel under sub-paragraph (iii); or (v) if the vessel is a decked canoe or kayak or is otherwise fitted with individual cockpits and the number of persons carried on the vessel exceeds the number of individual cockpits in the vessel irrespective of the age of the person. Penalty: 4 penalty units. (3) For the purposes of this regulation a vessel is not overloaded if— (a) the manufacturer of the vessel has certified in writing that the vessel may be safely operated with a specified number of people on board; and (b) the number of people on board the vessel does not exceed that specified number. (4) In calculating the number of people on board a vessel for the purposes of this regulation, except sub-regulation (2)(b)(v)— (a) children aged more than 12 months but less than 12 years shall be counted as 0·5 person; (b) children aged less than 1 year shall not be included. _______________ r. 236 -- 35 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 30 PART 3—CREWING, CERTIFICATES AND LICENCES Division 1—Crewing of vessels and certificates of competence 300. Crewing of trading vessels (1) A trading vessel must be crewed in accordance with a determination by the Board. (2) The Board must determine the crewing of a trading vessel in accordance with the requirements of Part 4 of Section 2 of the Uniform Shipping Laws Code. 301. Crewing of fishing vessels (1) A fishing vessel must be crewed in accordance with a determination by the Board. (2) The Board must determine the crewing of a fishing vessel in accordance with the requirements of Part 4 of Section 3 of the Uniform Shipping Laws Code. 302. Certificates of competency under the Uniform Shipping Laws Code The Board may issue in accordance with Section 2 or Section 3 of the Uniform Shipping Laws Code a certificate of competency of the following grades— (a) Master Class 3; (b) Master Class 4; (c) Master Class 5; (d) Mate Class 4; (e) Coxswain; (f) Skipper Grade 1; r. 300 -- 36 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 31 (g) Skipper Grade 2; (h) Skipper Grade 3; (i) Marine Engineer Class 3; (j) Marine Engine Driver Grade 1; (k) Marine Engine Driver Grade 2; (l) Marine Engine Driver Grade 3. 303. Certificate of competency (1) An application for the issue, variation or renewal of a certificate of competency may be made to the Board. (2) An application must be— (a) in the form determined by the Board; and (b) accompanied by— (i) evidence that the applicant has completed a course appropriate for the purpose for which the certificate is issued that is approved by the Board; and (ii) has complied with any prerequisites for a certificate of competency specified in Part 3 of Section 2 or Part 3 of Section 3 of the Uniform Shipping Laws Code; and (iii) any documents needed to support any information supplied on that form (if required by the Board); and (iv) the fee prescribed in Division 2 of Part 8 of these Regulations. (3) The certificate of competency may be limited by a condition imposed by the Board. r. 303 -- 37 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 32 (4) A certificate of competency is valid for a period of 5 years after the date it is issued. (5) The Board may require— (a) the applicant to provide further information or material in respect of the application; and (b) that the information be verified; and (c) proof of the identity of the person making the application. 304. Certificate of competency to be subject to endorsement for Port Phillip Heads The master of a trading vessel carrying passengers in or through Port Phillip Heads must not so operate the vessel unless he or she holds a current valid certificate of competency endorsed by the Board for that purpose. Penalty: 20 penalty units. 305. Requirements to be met before a certificate of competency may be endorsed for Port Phillip Heads The Board may grant a certificate of competency or vary an existing certificate of competency so that it is endorsed for a trading vessel carrying passengers in or through Port Phillip Heads, if the certificate holder or applicant has completed to the satisfaction of the Board the training course conducted by or on behalf of the Board set out in Schedule 6. 306. Period of endorsement remains in force for Port Phillip Heads An endorsement on a certificate of competency issued under regulation 305 remains in force while the certificate remains current unless— (a) it is suspended or cancelled by the Board; or r. 304 -- 38 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 33 (b) the certificate holder requests in writing that the Board cancel the endorsement. 307. Certificate of competency to be subject to endorsement for Lakes Entrance Bar The master of a trading vessel carrying passengers across the Lakes Entrance Bar must not so operate the vessel unless he or she holds a current valid certificate of competency endorsed by the Board for that purpose. Penalty: 20 penalty units. 308. Special requirements for Lakes Entrance Bar (1) The Board may grant a certificate of competency or vary an existing certificate of competency so that it is endorsed for a trading vessel carrying passengers across the Lakes Entrance Bar, if the certificate holder or applicant— (a) has met the qualifying sea service, as set out in Schedule 7; and (b) has successfully completed a training course conducted by or on behalf of the Board, as set out in Schedule 7; and (c) is able to satisfy an examiner or panel of examiners appointed by the Board by means of an oral examination or written examination or both that he or she is competent to act as a master of a trading vessel carrying passengers across the Lakes Entrance Bar in accordance with this Division; and (d) has complied with sub-regulations (2), (3) and (4). (2) On completion of the requirements of sub- regulation (1)(a), (b) and (c), the applicant must complete— r. 307 -- 39 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 34 (a) one or more crossings of the Lakes Entrance Bar as the master of a trading vessel; and (b) be accompanied on each crossing of the Lakes Entrance Bar by a person approved by the Board to assess the applicant's competency. (3) The applicant must maintain an accurate and complete written record of each qualifying crossing of the Lakes Entrance Bar required by sub-regulation (2) and the range of conditions experienced during each crossing. (4) The record of the applicant's qualifying sea service shall be in a form approved by the Board and the record shall be made available to the Board at the time of application for its examination. 309. Period of endorsement remains in force for Lakes Entrance Bar An endorsement on a certificate of competency issued under regulation 308 remains in force while the certificate is current unless— (a) the endorsement is suspended or cancelled by the Board; or (b) the certificate holder requests in writing that the Board cancel the endorsement. Division 2—Pilots, Pilot Exemption and Local Knowledge 310. Offence to act as a pilot without a licence A person must not act as a pilot unless that person holds a pilot licence issued by the Board. Penalty: 10 penalty units. 311. Pilot exempt master r. 309 -- 40 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 35 (1) A master who holds a pilot exemption for a particular port, in accordance with this Division, is exempted from the requirement to engage a pilot with respect to that port. (2) A pilot exemption may be issued to a master in accordance with a determination of the Board. 312. Pilot licence or pilot exemption (1) An application for a pilot licence or pilot exemption may be made to the Board. (2) An application must be— (a) in the form determined by the Board; and (b) accompanied by— (i) evidence of the qualifications which the applicant claims entitle him or her to a pilot licence or pilot exemption; and (ii) the prescribed fee. (3) The pilot licence or pilot exemption may be limited by a condition imposed by the Board. (4) The Board— (a) may require the applicant to provide further information or material in respect of the application; and (b) may require that the information be verified; and (c) may require proof of the identity of the person making the application. 313. Qualifications for the issue of a pilot licence and pilot exemption r. 313 -- 41 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 36 (1) A person is qualified to hold a pilot licence if he or she has satisfied the requirements in the relevant Board determination. (2) A person is qualified to hold a pilot exemption if he or she has satisfied the requirements in the relevant Board determination. 314. Period a pilot licence or pilot exemption remains valid (1) A pilot licence is valid for a period of 5 years after the date it is issued provided it is not cancelled or revoked by the Board. (2) A pilot exemption remains valid for a period of 2 years after the date it is issued provided it is not cancelled or revoked by the Board. 315. Local knowledge certificate A local knowledge certificate may be issued to a master in accordance with a determination by the Board. 316. Circumstances in which holder of local knowledge certificate is not required to use pilot For the purposes of section 96(2)(c) of the Act, a master who is the holder of a certificate of local knowledge issued under this Division is not required to use the services of a pilot in port waters if the vessel that the master has command or charge of— (a) is a vessel of a type that the holder of the certificate is authorised to operate by a current valid certificate of competence issued by the Board; and (b) is a vessel greater than 35 metres in length and operates either permanently, or for the time being solely, within the limits of port waters. 317. Local knowledge certificate r. 317 -- 42 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 37 (1) A person may apply to the Board for the issue of a local knowledge certificate. (2) An application under sub-regulation (1) must— (a) be in the form determined by the Board; and (b) be accompanied by— (i) evidence that the applicant has a valid current certificate of competency for the vessel that he or she is in charge of; and (ii) evidence that the applicant has completed any training required by the Board; and (iii) evidence that the applicant has sufficient qualifying service and experience appropriate to the port waters to which the local knowledge certificate will apply; and (iv) the fee prescribed in Division 2 of Part 8 of these Regulations. (3) The Board— (a) may require the applicant to provide further information or material in respect of the application; and (b) may require the information to be verified; and (c) may require proof of the identity of the person making the application. (4) The certificate of local knowledge may be limited by a condition imposed by the Board. 318. Period a certificate of local knowledge remains valid r. 318 -- 43 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 38 A certificate of local knowledge is valid for a period of 5 years after the date it is issued unless it is sooner cancelled or revoked by the Board. Division 3—Harbour masters 319. Harbour master licence (1) A person may apply to the Board for the issue, variation or renewal of a harbour master licence. (2) The application must— (a) be in the form determined by the Board; and (b) specify the area of State waters for which the licence is required; and (c) be accompanied by evidence that the applicant has a valid current certificate of competence as a Master Class 1 or equivalent as the Board may direct; and (d) be accompanied by evidence of sufficient qualifying service and experience appropriate to the State or port waters to which the harbour master licence will apply; and (3) The Board— (a) may require the applicant to provide further information or material in respect of the application; and (b) may require the information to be verified; and (c) may require proof of the identity of the person making the application. (4) The harbour master licence may be limited by a condition imposed by the Board. -- 44 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 39 320. Period harbour master licence remains in force A harbour master licence remains in force for a period of 5 years after the date it is issued unless it is sooner cancelled or revoked by the Board. Division 4—Carriage of certificate, licence or exemption 321. Carriage of certificate, licence or exemption The holder of a current valid certificate, licence or exemption issued under this Part must carry the certificate, licence or exemption whilst operating a vessel covered by that certificate or licence or exemption. Penalty: 2 penalty units. _______________ r. 320 -- 45 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 40 PART 4—REGISTRATION OF VESSELS Division 1—Registration of vessels 400. Requirements for registration of vessels (1) The owner or operator of a vessel that— (a) is operated on State waters; or (b) is intended to be operated on State waters— may apply to the Board to register or renew the registration of that vessel. (2) An application for registration must— (a) include the name and address of the owner or operator of the vessel; and (b) be accompanied by proof as to the identity and address of the applicant; and (c) specify the following details about the vessel to be registered— (i) the type of engine; (ii) the type of drive; (iii) the type of vessel; (iv) the type of hull; (v) the length, breadth and colour; (vi) the make of engine; (vii) the name of engine maker; (viii) the engine number; (ix) the engine's horsepower; (x) the engine power units; (xi) the number of cylinders in the engine; (xii) the internal diameter of the cylinders; r. 400 -- 46 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 41 (xiii) current registration details (if applicable); (xiv) assigned registration number (if applicable); and (d) be accompanied by the fee for boating facilities and safety education prescribed in Division 3 of Part 8. (3) An application for renewal of registration must be accompanied by the fee for boating facilities and safety education prescribed in Division 3 of Part 8. (4) Sub-regulation (2)(d) and (3) does not apply to a person who registers a vessel that— (a) is used or intended to be used primarily for search and rescue purposes; and (b) is owned by an organisation approved by the Board for the purposes of section 10(3) of the Act. 401. Period of registration (1) The Board may register a vessel for a period not exceeding one year. (2) The Board may renew the registration of a vessel for a period not exceeding one year. (3) Registration or renewal of registration of a vessel commences on the day on which the Board issues the certificate of registration. 402. Registration label and identification mark (1) The Board may in respect of every vessel that is registered under regulation 400 issue a registration label and assign an identification mark after receiving the fees prescribed in Division 3 of Part 8. r. 401 -- 47 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 42 (2) The registered owner or operator of a vessel must ensure that the registration label for that vessel that is issued by the Board under sub-regulation (1) is fixed and remains fixed in a conspicuous position on the outside or upper position of the vessel. Penalty: 2 penalty units. (3) The registered owner or operator of a vessel must ensure that the identification mark that is assigned by the Board for that vessel is painted or displayed on the hull of the vessel on each side of the bow as high as practicable above the waterline in characters that are— (a) no less than 150 millimetres high; and (b) in proportionate breadth; and (c) coloured in contrast to that of the surface on which they are displayed. Penalty: 2 penalty units. (4) A person must not fix to a vessel a registration label or paint on, apply or otherwise fix to or display on a vessel an identification mark if the registration label or identification mark is not assigned by the Board to that vessel. Penalty: 2 penalty units. (5) A person who operates a registered vessel on State waters must ensure that the identification mark assigned to that vessel by the Board is fixed and remains fixed in a conspicuous position on the outside or upper position of the vessel. Penalty: 2 penalty units. 403. Cancellation of registration r. 402 -- 48 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 43 The Board must cancel the registration of the vessel if— (a) the registered owner or operator of a vessel requests the Board in writing to cancel the registration of that vessel; or (b) the Board is satisfied that a vessel has been stolen and not recovered or has been destroyed; or (c) the Board is satisfied that false or misleading information has been provided in connection with the registration of the vessel. 404. Suspension of registration (1) If, after considering a report from a person authorised under section 13 of the Act to inspect a vessel the Board is satisfied that a registered vessel does not comply with the Act or the regulations, the Board, by notice in writing served personally or by post on the registered owner or operator of the vessel, may suspend the registration of the vessel. (2) The Board must specify in the notice under sub- regulation (1) the reasons why the vessel does not comply with the Act or the regulations. (3) The Board may at any time during the current period of registration of that vessel, by notice in writing served personally or by post on the registered owner or operator of the vessel, withdraw the suspension notice if the Board is satisfied that— (a) the deficiencies and defects in the vessel have been remedied; and (b) the vessel complies with the Act and the regulations. 405. Transfer of registered vessel r. 405 -- 49 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 44 (1) A registered owner of a vessel who sells or otherwise disposes of the vessel must within 14 days after the sale or disposal of the vessel— (a) complete an application for transfer of registration in the form approved for that purpose by the Board and sign it; and (b) give the person who acquires the vessel the completed application for transfer of registration. Penalty: 2 penalty units. (2) A person who purchases or otherwise acquires a registered vessel must, within 14 days after the purchase or acquisition of the vessel— (a) complete the application for transfer of registration from the owner of the vessel that has been completed and signed by the disposer; and (b) give the completed application for transfer of registration form to the Board. Penalty: 2 penalty units. 406. General exemptions from registration (1) For the purposes of section 8(1) of the Act, the following vessels are exempted from registration— (a) a vessel of not more than 5 metres in length that is used or intended to be used as a means of transport on inland waters or enclosed waters and that conspicuously displays the name of its mother vessel or the registration number of that vessel and the letter "T" and that operates or is intended to operate— (i) between the shore and another vessel not more than 300 metres from the shore; or -- 50 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 45 (ii) between vessels not more than 300 metres apart and not more than 300 metres from the shore; (b) a vessel that does not have an engine that is used or is capable of being used for propulsion; (c) a fishing vessel; (d) a trading vessel; (e) a hire and drive vessel; (f) a vessel which— (i) is temporarily being operated on State waters; and (ii) is registered in another State or a Territory of the Commonwealth; and (iii) displays in accordance with an Act or regulation of that State or Territory an identifying plate, mark or number issued or allocated by the relevant authority in that State or Territory for the vessel; (g) a vessel that— (i) is temporarily being operated on State waters; and (ii) is exempt from registration as a vessel in another State or a Territory of the Commonwealth in which the owner of the vessel ordinarily resides; (h) a recreational vessel with an engine used or capable of being used for propulsion that is under the control of a manufacturer or dealer who has a special identification mark and a special identification plate issued in accordance with Division 2. r. 406 -- 51 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 46 Division 2—Identification Plates and Marks 407. Special identification plates and marks (1) A person who is a manufacturer of or dealer in recreational vessels with engines used or capable of being used for propulsion may apply to the Board for the issue of a special identification plate or mark. (2) An application must be accompanied by the appropriate fees prescribed in Division 3 of Part 8. (3) The Board may issue a special identification mark and a special identification plate to the manufacturer or dealer. 408. Conditions of use of special identification plates and marks (1) A person issued with a special identification plate or mark in accordance with regulation 407— (a) must ensure that the special identification plate is displayed on the vessel in respect of which the plate or mark has been issued by the Board at all times; and (b) must not use, or allow the vessel to be used, for any purposes other than— (i) operating the vessel from place to place while the vessel is in the process of manufacture; or (ii) operating the vessel from the place of manufacture to the place where it will be offered for sale; or (iii) testing the vessel; or (iv) demonstrating the vessel to a purchaser or prospective purchaser; or (v) delivering the vessel for or after sale; or r. 407 -- 52 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 47 (vi) carrying out repairs to the vessel; or (vii) returning the vessel to its owner after it has been repaired; and (c) must not allow the vessel to be operated by a person other than the manufacturer or dealer or a person employed by the manufacturer or dealer; and (d) must ensure that the special identification plate is fixed to the vessel where it can be easily seen with every letter, figure and symbol on the plate upright and clearly distinguishable from a distance of at least 20 metres from the vessel; and (e) must keep at the manufacturer's or dealer's office or place of business a record of the name and address of each person who operates the vessel on which the special identification plate is displayed. Penalty: 4 penalty units. (2) A manufacturer of or dealer in recreational vessels must not enter any particulars which he or she knows, or should reasonably know, to be false in any records kept under sub-regulation (1)(e). Penalty: 4 penalty units. _______________ r. 408 -- 53 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 48 PART 5—BREATH AND BLOOD TESTS 500. Prescribed breath test devices The prescribed devices for the purposes of section 29(1) of the Act are the breath testing devices known as— (a) the Alcotest 80/A; (b) the Lion Alcolmeter also known as the lion alcolmeter S-D2; (c) the lion alcolmeter SD-400PA. 501. Procedure for breath analysis It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 31(3) of the Act to operate a breath analysing instrument— (a) does not require a person to undertake a breath analysis until the operator is satisfied that the person has not consumed any intoxicating liquor for a period of at least 15 minutes before the analysis; and (b) provides a fresh mouthpiece for use by each person required to provide a breath sample; and (c) uses only a mouthpiece which, until required for taking a breath sample, has been kept in a sealed container. 502. Breath analysis certificate For the purposes of section 31(4) of the Act the prescribed form for a certificate is the form in Schedule 8. r. 500 -- 54 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 49 503. Method of obtaining blood sample If a blood sample is taken by a registered medical practitioner for the purposes of the Act— (a) the sample must be obtained by venipuncture; and (b) the site of the puncture must be cleansed with a swab taken from a container that— (i) is sealed against contamination; and (ii) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. 504. Procedure after taking blood sample (1) A registered medical practitioner who takes a blood sample for the purposes of section 31 or 31A of the Act must ensure that— (a) the sample of blood is placed in 3 dry containers, each containing approximately the same amount of blood; and (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds an anti- coagulant and a preservative; and (ii) the specific anti-coagulant and the specific preservative that the container holds; and (iii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and r. 503 -- 55 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 50 (d) each container has attached to it a label bearing the signature of the registered medical practitioner, the date and time the sample was taken and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken. (2) If a blood sample has been taken under section 31A of the Act, the registered medical practitioner must ensure that— (a) one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and (b) one container is placed and sealed in a container labelled "screening sample"; and (c) one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken. 505. Certificate by medical practitioner taking blood sample For the purposes of section 32(3) of the Act, the prescribed form for a certificate is the form in Schedule 9. 506. Analysts certificate For the purposes of section 32(4) of the Act, the prescribed form for a certificate is the form in Schedule 10. _______________ r. 505 -- 56 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 51 PART 6—PRESCRIBED MEASURING DEVICES 600. Prescribed measuring devices (1) The prescribed measuring devices for the purposes of section 88 of the Act are the laser devices known as— (a) the LTI 20.20 Ultralyte 100LR; and (b) the Prolaser iii. (2) A measuring device referred to in sub-regulation (1) must be calibrated in knots. 601. Testing Officer For the purposes of section 88 of the Act, a prescribed measuring device must be tested by one of the following— (a) a technical officer or the head of a faculty, school or department of electrical engineering, electronics or communications at a university specified in Schedule 1 to the Tertiary Education Act 1993 or at an institution specified in Schedule 1 to the Vocational Training and Education Act 1990; (b) a person skilled in the development and operation of speed measuring devices and authorised in writing by the Chief Commissioner of Police; (c) the principal testing officer of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia (NATA). 602. Testing of prescribed measuring devices For the purposes of section 88 of the Act, a prescribed measuring device is tested in the r. 600 -- 57 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 52 prescribed manner if the testing officer who tests the device— (a) is satisfied that the device is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the device has been carried out in a satisfactory manner; and (b) is satisfied that the device is properly calibrated so that it operates within the limits of error of not more than 2 knots greater than or less than the true speeds determinable from the test; and (c) records and retains the results of the test, including— (i) a statement showing the frequencies or speeds at which the calibration was effected and the number of times at each frequency or speed the calibration was effected; and (ii) the date of the test and the ambient temperature at the time of the test. 603. Sealing of prescribed measuring devices For the purposes of section 88 of the Act, a prescribed measuring device is sealed in the prescribed manner if— (a) the device has been tested in accordance with regulation 602 and the device has satisfied the test requirements; and (b) the device is sealed by the testing officer who carried out the test; and (c) the device is sealed with a seal that effectively prevents interference with the mechanism or circuitry of the device without breaking the seal; and r. 603 -- 58 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 53 (d) the testing officer keeps full and accurate records of the device sealed, including— (i) the identification number of the device; and (ii) the date on which the test was carried out; and (iii) the manner in which the device was sealed; and (e) the records referred to in paragraph (d) are signed by the testing officer who sealed the device. 604. Use of laser devices For the purposes of section 88 of the Act, a prescribed measuring device is used in the prescribed manner if— (a) whenever the operator connects the device to a source of electricity, the operator ensures that all elements of the speed display are illuminated; and (b) the operator activates the device with the device aimed in the direction of a vessel within the operator's field of vision and observes the reading displayed on the digital speed display; and (c) the device has been tested in accordance with regulation 602 within 12 months before the occasion of its use; and (d) the device has been sealed in accordance with regulation 603. _______________ r. 604 -- 59 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 54 PART 7—EVIDENTIARY AND OTHER REQUIREMENTS 700. Certificate as to matter extracted from 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. 701. 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. 702. Provision of false or misleading information A person must not provide false or misleading information in connection with an application for a certificate of survey, a crewing determination, a certificate of competency, a pilot licence or a harbour master licence under these Regulations. Penalty: 5 penalty units. _______________ r. 700 -- 60 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 55 PART 8—FEES Division 1—Survey of vessels and examination of plans 800. Existing vessel In this Division, "existing vessel" means— (a) a vessel which is currently in survey in Australia; or (b) a vessel which has previously been under survey in Australia. 801. Application fee for all new vessels surveys and plan approvals A fee of $15.00 must be paid to the Board for considering an application for— (a) a new vessel survey; (b) a vessel plan approval. 802. Plan approval fees The fee which must be paid to the Board for approval of plans for a new vessel of a size specified in Column 2 of Table 802 is the amount calculated by multiplying the length of the vessel in metres by the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel. Table 802 r. 800 -- 61 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 56 Column 1 Item Column 2 Size of vessel Column 3 For all class 1 vessels. Fee per metre of the length of vessel Column 4 For all other classes of vessels. Fee per metre of the length of vessel 1. For new vessels of or not exceeding 7·5 metres in length $30.00 $30.00 2. For new vessels exceeding 7·5 metres in length or of or not exceeding 20 metres in length $48.00 $42.00 3. For new vessels exceeding 20 metres in length $63.00 $54.00 803. Fees for new vessel survey by the Board The fee which must be paid to the Board for a survey of a new vessel of a size specified in Column 2 of Table 803 is the amount calculated by multiplying the length of the vessel in metres by the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel. Table 803 r. 803 -- 62 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 57 Column 1 Item Column 2 Size of vessel Column 3 For all class 1 vessels. Fee per metre of the length of vessel Column 4 For all other classes of vessels. Fee per metre of the length of vessel 1. For new vessels exceeding 7·5 metres in length $54.00 $54.00 2. For new vessels of or exceeding 7·5 metres in length or of or not exceeding 20 metres in length $48.00 $42.00 3. For new vessels of or exceeding 20 metres in length $42.00 $30.00 804. Fee for booking a survey for existing vessel A fee of $80.00 must be paid to the Board at the time of booking a survey for an existing vessel for— (a) scheduling a surveyor authorised by the Board to attend at a particular time and location for the purposes of surveying the vessel; (b) preparing the relevant documents for the survey; and r. 804 -- 63 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 58 (c) the costs incurred for the authorised surveyor to travel to and from the vessel. 805. Fee for survey of existing vessels (1) The fee which must be paid to the Board for the survey of an existing vessel of a size specified in Column 2 of Table 805 is the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel. Table 805 Column 1 Item Column 2 Size of vessel Column 3 Class 1 vessels Column 4 All other classes 1 For vessels of or not exceeding 5 metres in length $84.00 $56.00 2. For vessels exceeding 5 metres in length or of or not exceeding 10 metres in length $180.00 $120.00 3. For vessels exceeding 10 metres in length or of or not exceeding 20 metres in length $240.00 $160.00 Column 1 Item Column 2 Size of vessel Column 3 Class 1 vessels Column 4 All other classes r. 805 -- 64 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 59 4. For vessels exceeding 20 metres in length or of or not exceeding 35 metres in length $360.00 $240.00 5. For vessels exceeding 35 metres in length $540.00 $360.00 806. Fee for additional visit for existing vessel survey A fee of $80.00 must be paid to the Board for each additional visit by a surveyor authorised by the Board that is required for the purposes of an existing vessel survey. 807. Fee for considering application for alteration to classification or specification of vessel A fee of $20.00 must be paid to the Board for considering an application for an alteration to the classification or specification of a vessel. 808. Inspection fee for alteration to classification or specification of vessel A fee of $80.00 must be paid to the Board for each inspection of a vessel for the purposes of altering the classification or specification of the vessel. 809. Fee for plan approval for alteration to classification or specification of vessel r. 806 -- 65 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 60 A fee of $60.00 for each hour spent by an officer or employee of the Board in approving a plan must be paid to the Board for an application for an alteration to the classification or specification of vessel that requires a plan approval. 810. Fee for issue of certificate of survey A fee of $44.00 must be paid to the Board for the issue of a certificate of survey. 811. Fee for issue of duplicate certificate of survey A fee of $44.00 must be paid to the Board for the issue of a duplicate certificate of survey. Division 2—Certificates of competency and licences 812. Application fee for issue, variation or renewal of certificate of competency A fee of $15.00 must be paid to the Board for considering an application for— (a) the issue of a certificate of competency; or (b) the variation of a certificate of competency; or (c) the renewal of a certificate of competency. 813. Fee for issue or renewal of certificates A fee of $44.00 must be paid to the Board for the issue or renewal of— (a) a certificate of competency; or (b) a certificate of local knowledge. 814. Fee for variation of certificates A fee of $28.00 must be paid to the Board for the variation of a certificate of competency. 815. Fee for issue of duplicate certificate r. 815 -- 66 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 61 A fee of $44.00 must be paid to the Board for the issue of a duplicate of— (a) a certificate of competency; or (b) a certificate of local knowledge. 816. Examination fees for certificates (1) A fee of $32.00 for each examination is payable by a person who sits a written examination conducted by or on behalf of the Board for— (a) the issue of a certificate of competency; or (b) the variation of a certificate of competency; or (c) the renewal of a certificate of competency; or (d) the issue of a certificate of local knowledge. (2) A fee of $64.00 for each examination is payable by a person who sits an oral examination conducted by the Board for— (a) the issue of a certificate of competency; or (b) the variation of a certificate of competency; or (c) the renewal of a certificate of competency; or (d) the issue of a certificate of local knowledge. 817. Fee for application for issue, variation or renewal of pilot licence A fee of $15.00 must be paid to the Board for considering an application for— (a) the issue of a pilot licence; or (b) the variation of a pilot licence; or (c) the renewal of a pilot licence. -- 67 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 62 818. Fee for issue or renewal of pilot licence A fee of $44.00 must be paid to the Board for the issue or renewal of a pilot licence. 819. Fee for variation of pilot licence A fee of $28.00 must be paid to the Board for the variation of a pilot licence. 820. Fee for duplicate of pilot licence A fee of $44.00 must be paid to the Board for the issue of a duplicate of a pilot licence. 821. Examination fees for pilot licences A person who sits an examination for the issue, variation or renewal of a pilot licence for the ports and channels described in Column 2 of Table 821 must pay to the Board the amount specified in Column 3 of the Table opposite that port or channel. Table 821 Column 1 Item Column 2 Ports and channels Column 3 Fee 1. Port Waters of Melbourne and Geelong, and Port of Portland, and Port of Hastings $1000 2. Port Waters of Melbourne and Geelong, and Port of Portland $800 3. Port Waters of Melbourne and Geelong, and Port of Hastings $800 4. Port Waters of Melbourne and Geelong $600 5. Port Waters of Melbourne and Port of Hastings $600 6. Port Waters of Melbourne and Port of Portland $600 r. 818 -- 68 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 63 7. Port Waters of Geelong and Port of Hastings $400 Column 1 Item Column 2 Ports and channels Column 3 Fee 8. Port Waters of Geelong and Port of Portland $400 9. Port of Hastings and Port of Portland $400 10. Port Waters of Melbourne (both channels) $400 11. Port Waters of Melbourne (one channel) $235 12. Port Waters of Geelong $235 13. Port of Hastings $235 14. Port of Portland $235 822. Fee for application for issue, variation or renewal of pilot exemption certificate A fee of $15.00 must be paid to the Board for considering an application for— (a) the issue of a pilot exemption certificate; or (b) the variation of a pilot exemption certificate; or (c) the renewal of a pilot exemption certificate. 823. Fee for issue or renewal of pilot exemption certificate A fee of $44.00 must be paid to the Board for the issue or renewal of a pilot exemption certificate. 824. Fee for variation of pilot exemption certificate A fee of $28.00 must be paid to the Board for the variation of a pilot exemption certificate. 825. Fee for duplicate of pilot exemption certificate r. 822 -- 69 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 64 A fee of $44.00 must be paid to the Board for the issue of a duplicate of a pilot exemption certificate. 826. Fee for conduct of examination by Board for issue, variation or renewal of pilot exemption certificate A person who sits an examination for the issue, variation or renewal of a pilot exemption certificate for the ports and channels described in Column 2 of Table 826 must pay to the Board the amount specified in Column 3 of the Table opposite that port or channel. Table 826 Column 1 Item Column 2 Ports and channels Column 3 Fee 1. Port Waters of Melbourne and Geelong, Port of Portland and Port of Hastings $1000 2. Port Waters of Melbourne and Geelong and Port of Portland $800 3. Port Waters of Melbourne and Geelong and Port of Hastings $800 4. Port Waters of Melbourne and Geelong $600 5. Port Waters of Melbourne and Port of Hastings $600 6. Port Waters of Melbourne and Port of Portland $600 7. Port Waters of Geelong and Port of Hastings $400 8. Port Waters of Geelong and Port of Portland $400 9. Port of Hastings and Port of Portland $400 10. Port Waters of Melbourne (both channels) $400 r. 826 -- 70 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 65 11. Port Waters of Melbourne (one channel) $235 Column 1 Item Column 2 Ports and channels Column 3 Fee 12. Port Waters of Geelong $235 13. Port of Hastings $235 14. Port of Portland $235 Division 3—Boating facilities and safety education fee 827. Fees for boating facilities and safety education The fee which must be paid to the Board for boating facilities and safety education for a vessel of a type specified in Column 2 of Table 827 is the amount specified in Column 3 of the Table opposite that type of vessel. Table 827 Column 1 Item Column 2 Type of vessel Column 3 Fee 1. For a recreational vessel up to and including 4·0 metres in length powered with an engine $28 per annum 2. For a recreational vessel over 4·0 metres in length powered with an engine $58 per annum 828. Fees for marks and plates for manufacturers and dealers (1) The fee that must be paid to the Board for the issue of a special identification mark is $58.00. (2) The fee that must be paid to the Board for the issue of a special identification plate is $12.50. r. 827 -- 71 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 66 829. Transfer fee on second-hand recreational vessel A fee of $12.50 must be paid to the Board for the transfer of a registered second-hand powered recreational vessel. _______________ r. 829 -- 72 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 67 PART 9—MARINE INFRINGEMENT NOTICES 900. Prescribed offences (1) For the purposes of Part 7 of the Act, the prescribed kinds of offences are the offences described in Column 2 of the Table in Schedule 13 that are offences against the provisions referred to in column 3 of that Table. (2) For the purposes of section 60(5) of the Act, the penalty prescribed for a prescribed offence is the amount specified in Column 4 of the Table in Schedule 13 that is shown opposite the prescribed offence. (3) A description of a prescribed offence in Column 2 of the Table in Schedule 13 is for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which the description refers or the operation of these Regulations. 901. Service of marine infringement notice A marine infringement notice may be served— (a) by personally serving the notice on the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. 902. Form of marine infringement notice For the purposes of section 60(2) of the Act, the prescribed form for a marine infringement notice is the form in Schedule 14. 903. Payment of penalty r. 900 -- 73 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 68 Payment of a penalty under section 61(3) of the Act 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. 904. Service of notice of withdrawal A notice of withdrawal of a marine infringement notice may be served— (a) by personally serving the notice on the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. 905. Form of notice of withdrawal For the purposes of section 60(3) of the Act, the prescribed form of a notice of withdrawal of a marine infringement notice is the form in Schedule 15. 906. Proof of prior convictions or findings of guilt For the purposes of section 62(1) of the Act, the prescribed form for setting out particulars of alleged prior convictions or findings of guilt is the form in Schedule 16. _______________ -- 74 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 69 PART 10—SAVINGS AND TRANSITIONALS 1000. Definitions In this Part, "old regulations" means the Marine (Vessels) Regulations 19891 as in force immediately before the commencement of these Regulations. 1001. Previously issued certificates A certificate that was issued by the Board under regulation 401, 402, 403 or 502 of the old regulations, and that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 300, 301 or 315 of these Regulations (as the case requires). 1002. Previously issued licences A licence that was issued by the Board under regulation 500 of the old regulations, and that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 312 of these Regulations. 1003. Previously issued pilot exemption A certificate of exemption that was issued by the Board under regulation 501 of the old regulations, and that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 312 of these Regulations. r. 1000 -- 75 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 70 1004. Previous registration of a vessel A registration of a vessel by the Board under regulation 200 of the old regulations that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to be registered under Part 4 of these Regulations. 1005. Previous special identification plates and marks (1) A special identification mark issued by the Board to a manufacturer or dealer of recreational vessels under regulation 200B of the old regulations that is in force immediately before the commencement of these Regulations, remains in force, despite the commencement of these Regulations, for the rest of its duration and for all other purposes is deemed to have been issued under regulation 407 of these Regulations. (2) A special identification plate issued by the Board to a manufacturer or dealer of recreational vessels under regulation 200B of the old regulations that is in force immediately before the commencement of these Regulations, remains in force despite the commencement of these Regulations for the rest of its duration and for all other purposes is deemed to have been issued under regulation 407 of these Regulations. 1006. Infringement notices issued under 1988 regulations (1) If a marine infringement is committed before the commencement of these Regulations against the Marine (Procedures) Regulations 19892 — (a) in the case of a marine infringement under Part 3 of the Marine (Procedures) Regulations 1989 that has not been re- r. 1004 -- 76 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 71 enacted under Schedule 13 to these Regulations, the marine infringement continues to be a marine infringement under Part 3 of the Marine (Procedures) Regulations 1989 and a marine infringement notice for that infringement may be issued or served in accordance with those Regulations as if they had not been revoked; (b) in the case of a marine infringement under Part 3 of the Marine (Procedures) Regulations 1989 that has been re-enacted under Schedule 13 to these Regulations, the marine infringement is to be taken to be a marine infringement under Schedule 13 to these Regulations with the corresponding code, description of offence and penalty under Schedule 13 and a marine infringement notice for that infringement may be issued or served in accordance with these Regulations. (2) The revocation by these Regulations of the Marine (Procedures) Regulations 1989 does not affect— (a) a marine infringement notice issued or served in accordance with those Regulations before the commencement of these Regulations; or (b) a marine infringement notice issued or served in accordance with those Regulations after the commencement of these Regulations for an infringement under sub- regulation (1)(a). (3) Without limiting sub-regulation (2)— (a) a notice referred to in that sub-regulation may be withdrawn; and r. 1006 -- 77 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 72 (b) the penalty shown on it is payable; and (c) the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 may be used for the enforcement of the amount payable— as if the Marine (Procedures) Regulations 1989 had not been revoked. 1007. Interpretation of Legislation Act not limited This Part does not affect or take away from the Interpretation of Legislation Act 1984. __________________ r. 1007 -- 78 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 73 SCHEDULE SCHEDULE 1 Regulation 104 REGULATIONS REVOKED S.R. No. Title 490/1988 Marine (Vessels) Regulations 1988 491/1988 Marine (Navigation and Operation of Vessels) Regulations 1988 492/1988 Marine (Fees) Regulations 1988 189/1989 Marine (Fees) (Amendment) Regulations 1989 283/1989 Marine (Procedures) Regulations 1989 121/1990 Marine (Procedures) (Blood Samples) Regulations 1990 151/1990 Marine (Fees) (Amendment) Regulations 1990 170/1991 Marine (Fees) (Amendment) Regulations 1991 114/1992 Marine (Fees) (Amendment) Regulations 1992 38/1993 Marine (Fees) (Amendment) Regulations 1993 22/1994 Marine (Fees) (Amendment) Regulations 1994 111/1994 Marine (Procedures) (Breath and Blood Tests) Regulations 1994 153/1994 Marine (Vessels) (Amendment) Regulations 1994 154/1994 Marine (Procedures) (Infringements) Regulations 1994 155/1994 Marine (Navigation and Operation of Vessels) (Amendment) Regulations 1994 163/1996 Marine (Procedures) (Infringement) Regulations 1996 8/1997 Marine (Procedures) (Infringement) Regulations 1997 122/1998 Marine (Fees) (Amendment) Regulations 1998 170/1998 Marine (Procedures) (Amendment) Regulations 1998 _______________ Sch. 1 -- 79 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 74 SCHEDULE 2 Regulation 200 TYPES OF PERSONAL FLOTATION DEVICES PART 1—TYPES OF BUOYANCY GARMENTS A buoyancy garment that is of a type that complies with the Australian Standard AS 2260–1984 Buoyancy Garments as published by the Standards Association of Australia on 7 December 1984. PART 2—TYPES OF BUOYANCY VESTS A Buoyancy vest that is of a type that complies with— (a) Australian Standard AS 1499–1973 Buoyancy Vests as published by the Standards Association of Australia on 1 January 1973; or (b) Australian Standard AS 1499–1979 Buoyancy Vests as published by the Standards Association of Australia on 1 July 1979; or (c) Australian Standard AS 1499–1983 Buoyancy Vests as published by the Standards Association of Australia on 1 March 1983. PART 3—TYPES OF LIFEJACKETS A lifejacket that is of a type that— (a) has been approved by the Board before 20 December 1995; or (b) complies with the requirements of Marine Order Part 25, Issue 4 (Order No. 12 of 1998) Appendix 1 Part 2 published by the Australian Maritime Safety Authority on 1 November 1998; or (c) complies with the Uniform Shipping Laws Code Section 16 Life Saving Appliances Appendix R; or (d) complies with— (i) the Australian Standard AS 1512–1973 Lifejackets as published by the Standards Association of Australia on 5 July 1973; or Sch. 2 -- 80 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 75 (ii) the Australian Standard AS 1512–1981 Lifejackets as published by the Standards Association of Australia on 1 June 1981; or (iii) the Australian Standard AS 1512–1983 Lifejackets as published by the Standards Association of Australia on 1 March 1983; PART 4—TYPE 1 PERSONAL FLOTATION DEVICES A personal flotation device that is of a type that complies with the Australian Standard AS 1512–1988 Personal Flotation Devices—Type 1 as published by the Standards Association of Australia on 4 January 1988 or of a type that complies with the Australian Standard AS 1512–1996 Personal Flotation Devices published by the Standards Association of Australia on 5 January 1996, if— (a) the personal flotation device is fitted with retro-reflective tape that is of a type that— (i) complies with the Uniform Shipping Laws Code Section 10 Life Saving Appliances Appendix R; or (ii) complies with sub-clause 3.5 of the Australian Standard AS 2259–1988 General Requirements For Buoyancy Aids as published by the Standards Association of Australia on 4 January 1988; or (iii) complies with sub-clause 3.5 of the Australian Standard AS 2259–1996 General Requirements For Buoyancy Aids as published by the Standards Association of Australia on 5 January 1996; or (b) in the case of a personal flotation device that has been purchased after 1 December 1989 so as to be provided on a recreational or hire and drive vessel, the device is fitted with retro-reflective tape placed as high up on the flotation device as is practicable, and— (i) if the device is to be used by a person with a body mass greater than 25 kilograms, or placed upon a vessel for this purpose, the retro-reflective tape is positioned— (A) in 6 places on the outside of the device and if the device is reversible, on 6 places on the inside of the device with each tape not being less than 100 millimetres long and not being less than 50 millimetres wide; or (B) in an arrangement that provides a total area of tape of not less than 0·03 square metres; or Sch. 2 -- 81 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 76 (ii) if the device is to be used by a person with a body mass of 25 kilograms or less, or placed upon a vessel for this purpose, the retro-reflective tape is positioned— (A) in not less than 4 places on the outside of the device and if the device is reversible on not less than 4 places on the inside of the device with each tape not being less than 100 millimetres long and not less than 50 millimetres wide; or (B) in an arrangement that provides a total area of tape of not less than 0·02 square metres. PART 5—TYPE 2 PERSONAL FLOTATION DEVICES A personal flotation device that is of a type that complies with— (a) the Australian Standard AS 1499–1988 Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 4 January 1988; or (b) the Australian Standard AS 1499–1996 Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 5 January 1996; PART 6—TYPE 3 PERSONAL FLOTATION DEVICES A personal flotation device that complies with— (a) the Australian Standard AS 2260–1988 Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 4 January 1988; or (b) the Australian Standard AS 2260–1996 for Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 5 January 1996. _______________ Sch. 2 -- 82 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 77 SCHEDULE 3 Regulations 228 and 229 CONSTRUCTION OF RECREATIONAL VESSELS Thermal Protection 1. Hot pipes or other sources of heat in close proximity to woodwork or other flammable material on a recreational vessel must be insulated. 2. All engine exhaust piping and silencers on a recreational vessel must— (a) be water cooled or efficiently insulated; and (b) be installed so as to prevent the transfer of heat to readily combustible materials. 3. All engine exhaust systems on a recreational vessel must— (a) be led well clear of fuel tanks and fuel tank overflows; and (b) be arranged so that exhaust fumes emerge outside the hull of the vessel. Liquefied Petroleum Gas and Compressed Natural Gas 4. Unless the Board has given approval in writing to the contrary, if liquefied petroleum gas or compressed natural gas is carried on a recreational vessel— (a) the gas cylinders must not be installed inside a deckhouse or below decks; (b) the gas cylinders must be stored in the open air and secured in strongly constructed racks; (c) in the case of a partially decked or open recreational vessel the gas cylinders must not be stored in lockers. 5. All gas piping on a recreational vessel must be securely fastened within the vessel. 6. Any gas-burning appliance on a recreational vessel must be securely fastened in position and the space containing the appliance must be adequately ventilated. Sch. 3 -- 83 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 78 Flame Arrestor 7. The carburettor or carburettors of any engine, except an outboard motor, in a recreational vessel must be fitted with— (a) a flame arrestor or backfire trap which is effective if the engine backfires, to prevent the flame caused by the backfire from making contact with the atmosphere; or (b) a screen or cap of not less than 30 gauge, 30 mesh brass or stainless steel wire gauge which is securely sealed in or over the air intake. Seaworthiness 8. A recreational vessel must be seaworthy and any internal ballast in the vessel must be securely fastened in position. Reserve Buoyancy 9. (1) In this clause, "reserve buoyancy" means— (a) fabricated air-tight tanks; or (b) inflatable devices which can be conveniently stowed on a vessel; or (c) buoyant foam that— (i) is impervious to chemical action by petrol, oil and salt water; and (ii) is of a closed cell structure; and (iii) is suitably protected against fire; or (d) buoyant foam that is approved by the Board; or (e) any combination of the systems specified in sub-paragraphs (a) to (d); or (f) any other system approved by the Board. (2) A recreational vessel that is an open boat and that does not have an enclosed superstructure must have reserve buoyancy that is sufficient to support— (a) the hull; and (b) the weight of the motor, fuel tanks and all non-buoyant material; and (c) 10% of the total combined weight of the hull, motor, fuel tanks and all non-buoyant material. Sch. 3 -- 84 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 79 (3) A recreational vessel that— (a) is an open boat; and (b) does not have an enclosed superstructure; and (c) was constructed and first registered after 1 July 1963— must have reserve buoyancy built into the hull of the vessel. Ventilation 10. (1) A recreational vessel which is using any liquid of a volatile nature or any gas as fuel must be provided with an effective means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to ensure that any explosive or flammable gases are removed. (2) Sub-clause (1) does not apply to an open vessel. _______________ Sch. 3 -- 85 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 80 SCHEDULE 4 Regulation 230 TABLE OF EQUIPMENT REQUIRED ON RECREATIONAL VESSELS OPERATING IN STATE WATERS OTHER THAN INLAND OR ENCLOSED WATERS PART A—Quantities of equipment Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Lifejacket of a type listed in Part 3 of Schedule 2 or personal flotation device of a type listed in Part 4 of Schedule 2 for each person on board and each person being towed 1 1 1 1 1 Paddles or oars and rowlocks 2 2 Bailer or manual pump 1 Bailer or manual pump or efficient bilge pumping arrangement 1 1 Manual pump or efficient bilge pumping arrangement 1 1 Efficient waterproof torch or efficient waterproof lantern 1 1 1 1 1 Portable fire extinguisher where any fuel is carried 1 1 2 3 Bucket with lanyard 1 2 Sch. 4 -- 86 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 81 Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Efficient compass 1 1 Lifebuoy 2 One dinghy or liferaft 1 Hand held red distress flare 2 2 2 2 2 Hand held orange smoke signal 2 2 2 2 2 Efficient anchor 1 1 1 1 2 PART B—Length and diameter of anchor cable Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Anchor cable— length in metres 35 45 50 55 70 Propylene anchor cable—diameter in millimetres cable stabilised against actinic degeneration 10 10 12 20 28 Nylon anchor cable—diameter in millimetres cable 8 8 10 16 20 _______________ Sch. 4 -- 87 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 82 SCHEDULE 5 Regulation 230 TABLE OF EQUIPMENT REQUIRED ON RECREATIONAL VESSELS OPERATING ONLY ON INLAND OR ENCLOSED WATERS Column 1 Equipment to be carried on board Column 2 Rowing boats Column 3 Vessels less than 5 metres in length Column 4 Vessels 5 metres or more in length but less than 8 metres in length Column 5 Vessels 8 metres or more in length but less than 12 metres in length Column 6 Vessels 12 metres or more in length Lifejacket of a type listed in Part 3 of Schedule 2 or personal flotation device of a type listed in Part 4 of Schedule 2 for each person on board 1 1 1 1 1 Paddles or oars and rowlocks 2 2 Bailer or manual pump 1 Bailer or manual pump or efficient bilge pumping arrangement 1 1 Manual pump or efficient bilge pumping arrangement 1 1 Efficient waterproof torch or efficient waterproof lantern 1 1 1 1 1 Portable fire extinguisher where any fuel is carried 1 1 2 3 Bucket with lanyard 1 2 Lifebuoy 2 _______________ Sch. 5 -- 88 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 83 SCHEDULE 6 Regulation 305 QUALIFYING TRAINING FOR PORT PHILLIP HEADS 1. An applicant for an endorsement on a certificate of competency to operate a trading vessel carrying passengers in Port Phillip Heads must complete a training course approved by the Board that covers local knowledge, operating guidelines and vessel and passenger safety. 2. The course shall include but not be limited to the following— (a) local knowledge, including lights, charted depths, channels, local dangers, tidal flows, navigation leads, beacons and topmarks; (b) VHF radio communication procedures; (c) passenger briefing and control; (d) person overboard response procedures; (e) occupational health and safety; (f) boat operation and handling techniques specific to Port Phillip Heads; (g) guidelines and rules for crossing Port Phillip Heads; (h) local meteorological and tidal conditions; (i) emergency contingency planning. _______________ Sch. 6 -- 89 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 84 SCHEDULE 7 Regulation 308 QUALIFYING SEA SERVICE AND TRAINING FOR THE LAKES ENTRANCE BAR Prerequisite qualifying sea service 1. An applicant for an endorsement on a certificate of competency to operate a trading vessel carrying passengers across the Lakes Entrance Bar must have completed a minimum of 20 outwards crossings and 20 inwards crossings of the Lakes Entrance Bar. 2. On each crossing of the Lakes Entrance Bar, the applicant must be at the helm and in charge of a trading or fishing vessel. 3. Of the trips specified in Clause 1, not more than 2 trips in any 24 hour period shall be counted as qualifying sea service. Training 4. An applicant for an endorsement on a certificate of competency to operate a trading vessel carrying passengers across the Lakes Entrance Bar must complete a training course approved by the Board that covers local knowledge, operating guidelines and vessel and passenger safety. 5. The course shall include but not be limited to the following— (a) local knowledge, including lights, charted depths, channels, local dangers, tidal flows, navigation leads, beacons and topmarks; (b) VHF radio communication procedures; (c) passenger briefing and control; (d) person overboard response procedures; (e) occupational health and safety; (f) boat operation and handling techniques specific to the Lakes Entrance Bar; (g) guidelines and rules for crossing the Lakes Entrance Bar; (h) local meteorological and tidal conditions; (i) emergency contingency planning. _______________ Sch. 7 -- 90 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 85 SCHEDULE 8 Regulation 502 CERTIFICATE OF RESULTS OF BREATH ANALYSIS I, of (1) Am the person who operated the breath analysing instrument described below. (2) Am authorised to do so by the Chief Commissioner of Police. (3) State that the following matters are to the best of my knowledge true. Serial Number of Breath Analysing Instrument used to conduct the breath analysis: Sample Number: Location where the test was conducted: Name of person whose breath was tested: Date of birth of person whose breath was tested: Surname of person who operated breath analysing instrument: Results of self test of breath analysing instrument prior to person's breath being analysed: Results of self test of breath analysing instrument after person's breath being analysed: Results of zero tests of breath analysing instrument prior to person's breath being analysed: Results of zero tests of breath analysing instrument after person's breath being analysed Date of person's breath test: Time of person's breath test: Concentration of alcohol in grams per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested: Signature: _______________ Sch. 8 -- 91 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 86 SCHEDULE 9 Regulation 505 CERTIFICATE BY MEDICAL PRACTITIONER TAKING BLOOD SAMPLE I a medical practitioner registered under (insert name of medical practitioner) the Medical Practice Act 1994 certify that the sample of blood described below was taken in accordance with the requirements of the Marine Regulations 1999. Name of the person from whom the blood sample was taken: Time that the blood sample was taken: Date that the blood sample was taken: Name of the medical practitioner who took the sample: Signature of the medical practitioner who took the sample: _______________ Sch. 9 -- 92 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 87 SCHEDULE 10 Regulation 506 ANALYST'S CERTIFICATE I certify that (a) I am a properly qualified analyst within the meaning of section 32 of the Act. (b) The concentration of alcohol found in the sample described below was: The method of analysis of the blood sample analysed was as follows— (Insert here a statement as to the method of analysis used). Description of the identification label referred to in regulation 503(2)(a)(ii) that is attached to the container in which the blood sample is placed: (Insert here a description of the identification label). Name of the properly qualified analyst: Signature of the properly qualified analyst: Date on which the analysis was conducted: _______________ Sch. 10 -- 93 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 88 SCHEDULE 11 Regulation 700 CERTIFICATE AS TO MATTERS WHICH APPEAR IN OR CAN BE CALCULATED FROM THE RECORDS KEPT BY THE MARINE BOARD OF VICTORIA Certificate Issued under section 89(1) of the Marine Act. The matters set out in this certificate appear in, or have been calculated from, the records kept by the Board or a delegate of the Board. (Insert here the particulars of which the certificate relates). Dated Seal to be affixed here _______________ Sch. 11 -- 94 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 89 SCHEDULE 12 Regulation 701 CERTIFICATE AS TO REGISTRATION OF VESSEL ISSUED UNDER SECTION 89(3) OF THE MARINE ACT According to the records of the Board, on the (insert date) the vessel described below was registered under the Act in the name of Description of Vessel (Insert here the particulars which identify the vessel). Dated Issued by the Marine Board of Victoria. Seal to be affixed here _______________ Sch. 12 -- 95 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 90 SCHEDULE 13 Regulation 900 MARINE INFRINGEMENTS "MA" means the Act; and "MR" means Marine Regulations 1999; "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). Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty Registration 1. Operate an unregistered vessel or vessel not exempt from registration MA s. 8(1)(a) $120 2. 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 3. Operate or cause or allow operation of a vessel in breach of a condition of registration MA s. 8(2) 4. Fail to fix registration label in conspicuous position MR r. 402(2) $80 5. Fail to display identification mark as required MR r. 402(5) $80 6. Fail to comply with requirements for transfer of registration MR r. 405(1), 405(2) $80 Column 1 Column 2 Column 3 Column 4 Sch. 13 -- 96 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 91 Code Short description of offence Provision containing offence Penalty Safety Distances, Speed Restrictions etc. State Waters 7. Contravene a notice by operating a vessel at a speed exceeding 5 knots within 30 metres of a person s. 15(3) Notice cl. 2(a) $160 8. Operate a vessel at a speed exceeding 5 knots within 90 metres of a divers flag in contravention of a notice MA s. 15(3) Notice cl. 2(b) $160 9. Exceed 5 knots within 30 metres of another vessel in contravention of a notice MA s. 15(3) Notice cl. 2(c) $160 10. Operate a sailboard in contravention of a notice MA s. 15(3) Notice cl. 17 Inland Waters 11. Exceed 5 knots within 30 metres of the water's edge or a structure in contravention of a notice MA s. 15(3) Notice cl. 3 $160 Coastal Waters and Ports 12. Exceed 5 knots— (a) within 200 metres of the water's edge except in an access lane; (b) within 60 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 Sch. 13 -- 97 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 92 (c) when passing through an anchorage for small craft— in contravention of a notice Miscellaneous Navigation Offences 13. Operate a vessel in an access lane in contravention of a notice MA s. 15(3) Notice cl. 6 $160 14. Exceed a speed limit in contravention of a notice MA s. 15(3) Notice cl. 7 $160 15. Enter prohibited area towing water skier or water-ski in contravention of a notice MA s. 15(3) Notice cl. 8 $160 16. Operate in a prohibited area in contravention of a notice MA s. 15(3) Notice cl. 9 $160 17. Operate a vessel with an engine in a prohibited area in contravention of a notice MA s. 15(3) Notice cl. 10 $160 18. Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone in contravention of a notice MA s. 15(3) Notice cl. 11 $120 19. Operate in a direction in contravention of a notice in inland waters MA s. 15(3) Notice cl. 14 $160 20. Operate a vessel or engage in an activity in a prohibited area in contravention of a notice MA s. 15(3) Notice cl. 12 $160 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty 21. Use waters contrary to conditions of use specified in a notice MA s. 15(3) Notice cl. 13 $160 22. Fail to give way to other vessels when departing from MA s. 15(3) Notice $120 Sch. 13 -- 98 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 93 shore in contravention of a notice cl. 15 Water-Skiers 23. Fail to wear approved lifejacket, buoyancy vest, buoyancy garment or personal flotation device when waterskiing MA s. 15(3) Notice cl. 18 $120 24. Tow water skiers in contravention of a notice MA s. 15(3) Notice cl. 19 $120 Smoke, Noise etc. 25. Operate a vessel emitting smoke, visible vapour or smells in contravention of a notice MA s. 15(3) Notice cl. 20 $80 26. Operate vessel without adequate silencing device securely fixed to engine in contravention of a notice MA s. 15(3) Notice cl. 21(1)(a) $80 27. Operate a vessel without adequate silencing device that has a cut out or similar device in contravention of a notice MA s. 15(3) Notice cl. 21(1)(b) $80 28. Operate vessel so as to create undue noise MA s. 15(3) Notice cl. 21(2) $80 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty Underage Operation 30. Allow or cause a vessel with an engine to be operated by a person less than 12 years old MA s. 17(1) $120 32. Allow or cause a person 12 years old or more and less than 16 years old to operate a vessel in contravention of the Act MA s. 17(2) $120 Sch. 13 -- 99 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 94 Miscellaneous Offences 33. 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 34. Fail to obey a direction given by a member of the police force or an authorised officer MA s. 21(2) $160 35. Act in a reckless, negligent or dangerous manner when operating a vessel or being propelled by a vessel MA s. 22 $240 36. Tamper with a vessel without just cause or excuse MA s. 24 $120 38. Obstruct an officer in the exercise of duty MA s. 92 $160 39. Re-fuel vessel at a wharf, jetty or pier with passengers on board MR r. 233 $200 41. Permit a naked flame to be installed in compartment of vessel containing motors or fuel tank MR r. 234(1) $160 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty 42. Permit a naked flame to be used near motor or fuel tank on vessel MR r. 234(2) $200 43. Overload vessel MR r. 236 $200 44. Fail to give information when required MA s. 18 $80 45. Fail to stop vessel when required MA s. 19(3) $120 Sch. 13 -- 100 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 95 46. Refuse or fail to state name and address or state false name or address MA s. 19(4), 60(7) $120 47. Fail to observe the Prevention of Collisions Convention while operating vessel in State waters MR r. 205(1) $120 48. Bathe in contravention of a notice MA s. 15(3) Notice cl. 16 $120 49. Refuse or fail to allow a vessel to be inspected MA s. 13(3) $160 50. Operate a vessel engaged in diving operations without exhibiting a flag indicating diver below MA s. 15(3) Notice cl. 22 $120 51. Engage in diving without a buoy or flag displayed in contravention of a notice MA s. 15(3) Notice cl. 23 $120 Equipment Offences—Recreational vessels 52. Fail to carry lifejacket or personal flotation device for each person on board MR r. 230(1), 230(2) $80 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty 53. Fail to carry paddles or oars MR r. 230(1), 230(2) $80 54. Fail to carry bailer, manual pump or have efficient bilge pump MR r. 230(1), 230(2) $80 55. Fail to carry waterproof torch or lantern MR r. 230(1), 230(2) $80 56. Fail to carry fire extinguisher MR $80 Sch. 13 -- 101 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 96 r. 230(1), 230(2) 57. Fail to carry a bucket MR r. 230(1), 230(2) $80 58. Fail to carry a lifebuoy MR r. 230(1), 230(2) $80 59. Fail to carry a compass MR r. 230(1), 230(2) $80 60. Fail to carry a dinghy or life raft MR r. 230(1) $80 61. Fail to carry flares or smoke signal MR r. 230(1) $80 62. Fail to carry an anchor MR r. 230(1) $80 63. Fail to carry anchor cable MR r. 230(1) $80 64. Operate a vessel with persons under the age of 10 not wearing personal flotation device MR r. 232 $80 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty Further Miscellaneous Offences 65. Fail to ensure equipment is readily accessible and in good order MR r. 235 $120 66. Permit vessel to be moored or secured to navigation marker, buoy, pole or post MA s. 15(3) Notice cl. 23A $120 67. Anchor vessel in navigation channel in contravention of a notice MA s. 15(3) Notice cl. 23B $120 Sch. 13 -- 102 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 97 Hire and Drive Vessel Offences 69. Fail to render assistance, exchange details and report accident MA s. 20(1) $160 70. Fail to maintain register of contracts MR r. 217(1) $80 71. Fail to provide details of contracts MR r. 217(2) $80 72. Fail to produce register of contracts for inspection MR r. 217(3) $80 73. Fail to notify Board of sale or disposal of hire and drive vessel MR r. 218(1) $80 74. Fail to notify Board of purchase or acquisition of hire and drive vessel MR r. 218(2) $80 75. Fail to report accident involving hire and drive vessel MR r. 219 $160 76. Allow improper use of equipment or permit vessel to go outside limits MR r. 220 $160 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty 77. Fail to reasonably ensure competence of hirer MR r. 221(1) $200 78. Fail to give hirer instructions about use of hire and drive vessel MR r. 221(2) $220 79. Fail to obtain signed statement from hirer MR r. 221(4) $200 80. Act in reckless, negligent or dangerous manner in hire and drive vessel MR r.222(1), 222(2) $240 81. Fail to ensure person under 10 wearing personal flotation device MR r. 223(1), 223(2) $80 Sch. 13 -- 103 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 98 82. Permit vessel to be refuelled at wharf etc. with passengers on board MR r. 224(1), 224(2) $200 84. Permit naked flame to be installed in compartment of vessel containing motors or fuel tank MR r. 225(1) $160 85. Permit naked flame to be used near motor or fuel tank on vessel MR r. 225(2), 225(3) $200 86. Fail to have equipment readily accessible and in good order MR r. 226 $120 87. Overload vessel MR r. 227(1), 227(2) $200 Blood Alcohol Offences 88. Be in charge of vessel under way with unlawful blood alcohol level of more than ·05 but less than ·10g/100ml MA s. 28(1)(b) $300 Column 1 Code Column 2 Short description of offence Column 3 Provision containing offence Column 4 Penalty 89. Be in charge of vessel under way with unlawful blood alcohol level of ·10 or more but less than ·15g/100ml MA s. 28(1)(b) $420 General offences 90. Operate vessel without EPIRB MR r. 207 $160 91. Being an owner of a vessel, operate, or allow the vessel to be operated, without certificate of survey in force in accordance with regulations MA s. 97(1) $500 92. Being master of a vessel, operate the vessel without certificate of survey in force MA s. 97(2) $250 Sch. 13 -- 104 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 99 in accordance with regulations 93. Act as master or crew member on vessel without a certificate required by the regulations MA s. 94(1) $250 94. 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 95. Being an owner of vessel, cause or allow vessel to be operated without being crewed in accordance with the regulations MA s. 94(3) $250 96. Fail to carry certificate, licence or exemption whilst operating a vessel covered by that certificate or licence or exemption MR r. 321 $80 _______________ Sch. 13 -- 105 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 100 SCHEDULE 14 Regulation 902 MARINE INFRINGEMENT NOTICE FOR THE PURPOSES OF SECTION 60(2) OF THE MARINE ACT 1988 Date on which the notice is issued: Number of the notice: Name and address of the person alleged to have committed the marine infringement: Date and approximate time and place of the alleged commission of the marine infringement: If the alleged marine infringement arises out of the operation or being in charge of a vessel, the registered number or other means of identification of the vessel: Brief description of the kind of marine infringement alleged to have been committed: Amount of the penalty prescribed in the Marine Regulations 1999 that is payable in respect of the alleged marine infringement: Time within which the penalty must be paid: Manner in which the penalty must be paid: If the amount of the penalty is paid before the end of the time specified in the notice, the matter will not be brought before a court unless the marine infringement notice is withdrawn within 28 days after the date on which it was served. Name and location of the member of the police force, officer of the Board or other person authorised by the Minister under section 60(1) of the Act by whom the notice was issued: _______________ Sch. 14 -- 106 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 101 SCHEDULE 15 Regulation 905 NOTICE OF WITHDRAWAL OF MARINE INFRINGEMENT NOTICE Notice to: (Insert name and address of the person on whom the marine infringement notice was served). The Marine infringement notice number (insert number of the marine infringement notice) that was issued on (insert date of issue of the marine infringement notice) has been withdrawn. * It is/is not intended that court proceedings may be instituted against you in respect of the alleged marine infringement. The amount of any payment made in respect of the marine infringement penalty will be refunded. * strike out whichever does not apply. Signed: Dated: _______________ Sch. 15 -- 107 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 102 SCHEDULE 16 Regulation 906 PARTICULARS OF ALLEGED PRIOR CONVICTIONS OR FINDINGS OF GUILT Name and address of the person to whom it relates: Name of court that convicted the person or found the person guilty Date of the alleged conviction or finding of guilt Short description of the alleged offence Short description of the alleged penalty imposed This document will be admissible as evidence that the person has been convicted or found guilty as alleged if— (a) the person does not appear in answer to the summons served with the notice; and (b) the person is convicted or found guilty of the marine infringement alleged in the summons. Signature of Informant: Date: ═══════════════ Sch. 16 -- 108 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 103 NOTES 1 Reg 1000: S. R. No. 490/1988. Reprinted to S.R. No. 153/1994. 2 Reg 1006: S.R. No. 283/1989. Reprinted to S.R. No. 8/1997. —— 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 104— Definitions of "hand held orange smoke signal" and "hand held red distress flare" Uniform Shipping Laws Code Australian Standards specification for Pyrotechnic Marine Distress Flares and Signals for Pleasure Craft as published by Standards Association of Australia on 3 October 1988 as AS 2092–1988 Section 10 Whole Regulation 104— Definition of "Lakes Entrance Bar" Chart AUS 182 "Lakes Entrance" published by the Hydrographic Service, Royal Australian Navy on 30 January 1998 Whole Notes -- 109 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 104 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definition of "lifebuoy" Uniform Shipping Laws Code Australian Standards specification for Rescue Buoys as published by Standards Association of Australia on 1 July 1979 as AS 2261–1979; and Australian Standards specification for Rescue Buoys as published by the Standards Association of Australia on 12 March 1990 as AS 2261–1990 Section 10 Whole Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (a)—dry chemical type Australian Standards specification for Portable Fire Extinguishers—Powder Type as published by the Standards Association of Australia on 4 November 1985 as AS 1846–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (b)—carbon dioxide type Australian Standards specification for Portable Fire Extinguishers—Carbon Dioxide Type as published by the Standards Association of Australia on 4 November 1985 as AS 1847–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (c)—foam chemical type Australian Standards specification for Foam (Chemical) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1843–1985 Whole -- 110 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 105 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definition of "portable fire extinguisher" Paragraph (d)—foam gas container type Australian Standards specification for Foam (Gas Container) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1844–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (e)—foam (stored pressure) type Australian Standards specification for Foam (Stored Pressure) Type Portable Fire Extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1845–1985 Whole Regulation 104— Definition of "portable fire extinguisher" Paragraph (f)—wet chemical type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.3–1997 Part 3: Wet Chemical Type Regulation 104— Definition of "portable fire extinguisher" Paragraph (g)—foam type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.4–1997 Part 4: Foam Type Regulation 104— Definition of "portable fire extinguisher" Paragraph (h)—powder type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.5–1997 Part 5: Powder Type -- 111 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 106 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 104— Definition of "portable fire extinguisher" Paragraph (i)—carbon dioxide type Australian Standard specification for Portable Fire Extinguishers as published by the Standards Association of Australia on 5 April 1997 as AS 1841.6–1997; Part 6: Carbon Dioxide Type Regulation 104— Definition of "Port Phillip Heads" Chart AUS 143 "Port Phillip" published by the Hydrographic Service, Royal Australian Navy on 2 May 1973 Whole Regulation 205 Prevention of Collisions Convention Whole except that Annex I, Annex II and Annex III do not apply to vessels on inland waters Regulation 206 Safety Convention and Protocol of 1978 Chapter V of the Safety Convention (except regulations 13 and 15) and whole of Protocol Regulation 206 Commonwealth Navigation Act 1912 Section 6 and 8 Regulations 208, 209 and 211 International Code of Signals Code Flag R Regulation 212 Uniform Shipping Laws Code Section 14 -- 112 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 107 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 215 Uniform Shipping Laws Code Sections 5A, B, C (except clause C15), D, E, F, G, H, I, J, K, L, M, 6, 7 (except clauses 74.4 and 74.5), 8A, B and C, 9, 10, 11, 12, 13 Regulation 216 Uniform Shipping Laws Code Section 18 (except clauses 2.4.1, 2.5.1, 2.5.3 and Parts 3 and 4) Regulation 300 Uniform Shipping Laws Code Part 4 of section 2 Regulation 301 Uniform Shipping Laws Code Part 4 of section 3 Regulations 302 and 303 Uniform Shipping Laws Code Sections 2 and 3 Schedule 2—Definition of "buoyancy garment" Australian Standards specification for Buoyancy Garments as published by the Standards Association of Australia on 7 December 1984 as AS 2260–1984 Whole -- 113 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 108 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Schedule 2—Definition of "buoyancy vest" Australian Standards specification for Buoyancy Vests as published by the Standards Association of Australia on 1 January 1973 as AS 1499–1973; and Australian Standards specification for Buoyancy Vests as published by the Standards Association of Australia on 1 July 1979 as AS 1499–1979; and Australian Standards specification for Buoyancy Vests as published by the Standards Association of Australia on 1 March 1983 as AS 1499–1983 Whole Whole Whole Schedule 2—Definition of "lifejacket" Order made under the Commonwealth Navigation Act 1912 known as Marine Order Part 25 Issue 4 (Order No. 12 of 1998, Appendix 1 Part 2) published by the Australian Maritime Authority on 1 November 1998; Uniform Shipping Laws Code Australian Standards specification for Life Jackets as published by the Standards Association of Australia on 5 July 1973 as AS 1512–1973; Whole Section 16 Lifesaving Appliances, Appendix R Whole -- 114 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 109 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Australian Standards specification for Life Jackets as published by the Standards Association of Australia on 1 June 1981 as AS 1512–1981; Australian Standards specification for Life Jackets as published by the Standards Association of Australia on 1 March 1983 as AS 1512–1983 Whole Whole Schedule 2—Definition of "personal flotation device type 1" Australian Standards specification for Personal Flotation Devices—Type 1 as published by the Standards Association of Australia on 4 January 1988 as AS 1512–1988; Australian Standards specification for Personal Flotation Devices published by the Standards Association of Australia on 5 January 1996 as AS 1512–1996; Uniform Shipping Laws Code Australian Standards specification for General Requirements for Buoyancy Aids as published by the Standards Association of Australia on 4 January 1988 as AS 2259–1988; Whole Whole Section 10, Lifesaving Appliances, Appendix R Sub-clause 3.5 -- 115 of 116 -- S.R. No. 145/1999 Marine Regulations 1999 110 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Australian Standards specification for General Requirements for Buoyancy Aids as published by the Standards Association of Australia on 5 January 1996 as AS 2259–1996. Sub-clause 3.5 Schedule 2—Definition of "personal flotation device type 2" Australian Standards specification for Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 4 January 1988 as AS 1499–1988; Australian Standards specification for Personal Flotation Devices Type 2 as published by the Standards Association of Australia on 5 January 1996 as AS 1499–1996. Whole Whole Schedule 2—Definition of "personal flotation device type 3" Australian Standards specification for Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 4 January 1988 as AS 2260–1988; Australian Standards specification for Personal Flotation Devices Type 3 as published by the Standards Association of Australia on 5 January 1996 as AS 2260–1996. Whole Whole -- 116 of 116 --