Marine (Hire and Drive Vessels) Act 2001

i Marine (Hire and Drive Vessels) Act 2001 Act No. 90/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Extension of inspection power 2 5. Insertion of definitions into Part 10A 3 6. Insertion of sections 115A and 115B 4 115A. Offence to operate certain classes of hire and drive vessels without a licence 4 115B. Offence for person between 12 and 16 years of age to operate engine powered hire and drive vessel without licence 5 7. Consequential amendments 6 8. Repeal of redundant provision 7 9. Insertion of Division 5A into Part 10A 7 Division 5A—Hire and Drive Vessel Licensing Offences 7 134A. Offence of failing to comply with the conditions of the licence 7 134B. Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate 7 134C. Offence to operate hire and drive vessel for recreational purposes while disqualified etc. 8 134D. Offence not to have operator licence in person's possession 9 134E. Offence to allow a non-licensed person to operate a vessel 9 10. Additional regulation making powers 11 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 Marine (Hire and Drive Vessels) Act 2001 † [Assented to 11 December 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Marine Act 1988— (a) to require the operators of some hire and drive vessels to hold an operator licence; and (b) to provide specific regulation-making powers in relation to the operation and use of hire and drive vessels. 2. Commencement Victoria No. 90 of 2001 -- 2 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 2 (1) This section and sections 1, 8 and 10 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day to be proclaimed. (3) If a provision of this Act does not come into operation before 1 April 2002, it comes into operation on that day. 3. Definitions (1) In section 3(1) of the Marine Act 1988— (a) in the definition of "prescribed concentration of blood alcohol", in paragraph (a), after "regulated recreational vessel" insert "or regulated hire and drive vessel"; (b) after the definition of "registered medical practitioner" insert— ' "regulated hire and drive vessel" means— (a) a hire and drive personal watercraft, within the meaning of Part 10A; or (b) a specialised hire and drive vessel, within the meaning of Part 10A;'. (2) For section 3(2) of the Marine Act 1988 substitute— "(2) A reference to an engine in this Act or the regulations does not include a reference to a sail, paddle, oar, pedal or any other means of propelling a vessel that relies solely on the wind or physical human activity as a power source.". 4. Extension of inspection power See Act No. 52/1988. Reprint No. 4 as at 4 February 1999. See also Act Nos 28/1999, 14/2000, 74/2000, 93/2000 (as amended by 23/2001), 11/2001, 23/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au s. 4 -- 3 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 3 (1) In section 19(4) of the Marine Act 1988— (a) in paragraph (d), for "exemption—" substitute "exemption; or"; (b) after paragraph (d) insert— "(e) fail to produce any other document that the operator of the vessel is required by this Act or the regulations to have in his or her possession while operating the vessel; or (f) fail to allow inspection of any document that is required by the regulations to be displayed in or on the vessel—". (2) After section 19(4) of the Marine Act 1988 insert— "(5) Sub-sections (4)(c), (4)(d), (4)(e) and (4)(f) do not apply if the licence, certificate, exemption or other document is not on the vessel at the time the request for its production is made.". 5. Insertion of definitions into Part 10A (1) In section 113 of the Marine Act 1988 insert the following definitions— ' "hire and drive personal watercraft" means a vessel that is a hire and drive vessel and that is of a kind that is required, by or under this Act, to be registered and that— (a) has an engine that is used for propulsion; and (b) has a fully enclosed hull; and (c) does not retain water on it if it capsizes; and -- 4 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 4 (d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel, but not seated within the vessel; "specialised hire and drive vessel" means— (a) a hire and drive vessel that has an engine that is able to propel the vessel at a speed of 10 knots or more; or (b) a vessel that falls within any other class of hire and drive vessel specified by the regulations for the purposes of this paragraph— but does not include a hire and drive personal watercraft.'. (2) In section 113 of the Marine Act 1988, in the definition of "personal watercraft", for paragraph (a) substitute— "(a) has an engine that is used for propulsion; and". 6. Insertion of sections 115A and 115B After section 115 of the Marine Act 1988 insert— "115A. Offence to operate certain classes of hire and drive vessels without a licence (1) A person must not operate a specialised hire and drive vessel unless— (a) the person is the holder of a licence issued under this Part that authorises the person to operate a recreational vessel that has the physical characteristics of the specialised hire and drive vessel; and s. 6 -- 5 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 5 (b) the person operates the vessel under and in accordance with the licence as if the vessel was a recreational vessel. Penalty: 8 penalty units. (2) A person must not operate a hire and drive personal watercraft unless— (a) the person is the holder of a licence issued under this Part that— (i) authorises the person to operate a general recreational vessel; and (ii) is endorsed to authorise the person to operate a personal watercraft; and (b) the person operates the hire and drive personal watercraft under and in accordance with the licence and endorsement as if the hire and drive personal watercraft was a recreational vessel. Penalty: 10 penalty units. 115B. Offence for person between 12 and 16 years of age to operate engine powered hire and drive vessel without licence A person who is of or over the age of 12 years, and less than 16 years of age, must not operate a hire and drive vessel that has an engine that is used for propulsion, but that is not a regulated hire and drive vessel, unless— (a) the person is the holder of a restricted operator licence issued under this Part that authorises the person to operate a recreational vessel having the physical s. 6 -- 6 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 6 characteristics of the hire and drive vessel; and (b) the person operates the vessel under and in accordance with the licence as if the vessel was a recreational vessel. Penalty: 8 penalty units.". 7. Consequential amendments (1) In sections 22(3), 28A(1), 28A(2), 28C(1), 31A(2A), 61BA(1), 61BA(2) and 149(c) of the Marine Act 1988, after "regulated recreational vessel" insert "or a regulated hire and drive vessel". (2) In section 61BA(2)(a) of the Marine Act 1988, after "section 115" insert ",115A or 115B". (3) For the heading to Part 10A of the Marine Act 1988 substitute— "PART 10A—OPERATION OF RECREATIONAL VESSELS AND HIRE AND DRIVE VESSELS". (4) In sections 121(1) and 121(5) of the Marine Act 1988 omit "regulated recreational". (5) After section 121(6) of the Marine Act 1988 insert— '(7) In this section "vessel" means— (a) a regulated recreational vessel; or (b) a regulated hire and drive vessel.'. (6) In the heading to Division 5 of Part 10A of the Marine Act 1988, for "Operator" substitute "Recreational Vessel". (7) In section 135(a) of the Marine Act 1988, after "vessel" insert "or a specialised hire and drive vessel". s. 7 -- 7 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 7 8. Repeal of redundant provision Section 131(2) of the Marine Act 1988 is repealed. 9. Insertion of Division 5A into Part 10A After section 134 of the Marine Act 1988 insert— "Division 5A—Hire and Drive Vessel Licensing Offences 134A. Offence of failing to comply with the conditions of the licence (1) A person must not operate a specialised hire and drive vessel in breach of any condition of the person's operator licence that would apply to the vessel if the vessel was a general recreational vessel. Penalty: 8 penalty units. (2) A person must not operate a hire and drive personal watercraft in breach of any condition of the person's personal watercraft endorsement or endorsed licence that would apply to the watercraft if the watercraft was a recreational vessel. Penalty: 10 penalty units. 134B. Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate A person, who is exempted under the regulations from the requirement to comply with section 115A or 115B because he or she holds an appropriate licence or certificate issued in another State, Territory or country, must not operate a regulated hire and drive s. 8 -- 8 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 8 vessel in breach of any condition of that licence or certificate. Penalty: 8 penalty units. 134C. Offence to operate hire and drive vessel for recreational purposes while disqualified etc. (1) A person must not operate for recreational purposes a hire and drive vessel that has an engine that is used for propulsion while any operator licence granted to him or her is suspended or during a period of disqualification from obtaining such a licence. Penalty: For a first offence, 10 penalty units; For a subsequent offence, 30 penalty units. (2) A reference to an operator licence in sub- section (1) includes a reference to an appropriate licence or certificate issued in another State, Territory or country if the suspension of the certificate or licence, or the period of disqualification applying in respect of the certificate or licence, was imposed as a result of circumstances that, had they occurred in Victoria in relation to an operator licence, would have been likely to result in the imposition of a similar suspension or period of disqualification. (3) A person must not operate for recreational purposes a hire and drive vessel that has an engine that is used for propulsion if— (a) the person held an operator licence; and (b) the licence was cancelled because of any illness or bodily infirmity, defect or incapacity of the person or because of s. 9 -- 9 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 9 the effects of treatment for any of those things. Penalty: For a first offence, 10 penalty units; For a subsequent offence, 30 penalty units. (4) Sub-section (3) does not apply if the person has— (a) an operator licence that is in effect; or (b) a certificate dated after the date of the cancellation signed by a registered medical practitioner stating— (i) that any illness or bodily infirmity, defect or incapacity or treatment effects that existed at the time that the licence was cancelled no longer exists; and (ii) that there is no medical reason why the person cannot hold an operator licence. 134D. Offence not to have operator licence in person's possession A person who holds an operator licence must have the licence in his or her possession while operating a regulated hire and drive vessel. Penalty: 2 penalty units. 134E. Offence to allow a non-licensed person to operate a vessel (1) The owner of a specialised hire and drive vessel must not let the vessel to a person for hire or reward or for any other consideration unless that person is the holder of an s. 9 -- 10 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 10 operator licence which authorises that person to operate a general recreational vessel having the physical characteristics of the hire and drive vessel. Penalty: 8 penalty units. (2) The owner of a hire and drive personal watercraft must not let the vessel to a person for hire or reward or for any other consideration unless that person is the holder of an operator licence that is endorsed with a personal watercraft endorsement which authorises that person to operate a personal watercraft. Penalty: 10 penalty units. (3) The owner of a hire and drive vessel that has an engine that is used for propulsion, but that is not a regulated hire and drive vessel, must not let the vessel to a person who is of or over the age of 12 years, and less than 16 years of age, for hire or reward or for any other consideration unless that person is the holder of a restricted operator licence issued under this Part that authorises that person to operate a recreational vessel having the physical characteristics of the hire and drive vessel. Penalty: 8 penalty units. (4) It is a defence to a charge under this section if the owner reasonably believes that the operator held the appropriate licence which has (where the case so requires) the appropriate endorsement.". s. 9 -- 11 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 11 10. Additional regulation making powers In Schedule 5 to the Marine Act 1988, after clause 81 insert— " HIRE AND DRIVE VESSELS 81A. The operation and use of hire and drive vessels. 81B. Requiring specified information to be given to the operators of hire and drive vessels and specifying the manner in which the information is to be given. 81C. Requiring the creation and retention of documentary evidence that any information required by the regulations has been given. 81D. Requiring the operators of hire and drive vessels to operate the vessels in accordance with any conditions or restrictions specified in the regulations and to have any documents required by the regulations in their possession while operating the vessels. 81E. Requiring the creation, maintenance and retention of documents relating to safety or the handling of emergencies. 81F. Making provision for the audit of any documents required by the regulations. 81G. Requiring the display of specified information in or on hire and drive vessels. 81H. Making the issue of a certificate of survey in relation to a hire and drive vessel conditional on the approval of any documents required by the regulations relating to safety or the handling of emergencies. 81I. Requiring the operators of hire and drive vessels to provide information to the owners (or agents of the owners) of hire and drive vessels concerning any operator licences they hold or have held.". ═══════════════ s. 10 -- 12 of 13 -- Act No. 90/2001 Marine (Hire and Drive Vessels) Act 2001 12 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 November 2001 Legislative Council: 28 November 2001 The long title for the Bill for this Act was "to amend the Marine Act 1988 with respect to hire and drive vessels and for other purposes." Endnotes -- 13 of 13 --