Victorian Numbered Regulations

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MARINE REGULATIONS 2009 (SR NO 180 OF 2009)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   100.    Objectives  
   101.    Authorising provisions  
   102.    Commencement  
   103.    Revocation  
   104.    Definitions  
   105.    Reference to standards  
   106.    Director may designate hazardous areas for purposes of Regulations  

   PART 2--VESSEL OPERATION, CONSTRUCTION AND EQUIPMENT

           Division 1--Safe operation of vessels

   200.    Power to prohibit operation of vessel  
   201.    Written direction with reasons to be given  
   202.    Review of direction  
   203.    Revocation of direction  
   204.    International regulations for preventing collisions at sea  
   205.    Emergency procedures and safety of navigation—trading and fishing vessels  
   206.    Vessel not to operate unless provided with certain type of EPIRB  
   207.    Certificate of survey for vessel to be endorsed for Port Phillip Heads  
   208.    Owner and master to comply with conditions for Port Phillip Heads  
   209.    Certificate of survey for vessel to be endorsed for Lakes Entrance Bar  
   210.    Owner and master to comply with conditions for Lakes Entrance Bar  

           Division 2--Survey, construction and equipment of commercial vessels

   211.    Survey of trading, fishing and hire and drive vessels  
   212.    Trading and fishing vessels—construction and equipment  
   213.    Hire and drive vessels—construction and equipment  
   214.    Certificate of survey to be carried on board certain vessels  

           Division 3--Operation of hire and drive vessels

   215.    Maintenance and production of register of hire contracts  
   216.    Sale or purchase of hire and drive vessel  
   217.    Owner to report accident involving hire and drive vessel  
   218.    Use of hire and drive vessel  
   219.    Instructions to be given to hirers  
   220.    Reckless operation of hire and drive vessel  
   221.    Person under 10 to wear personal flotation device  
   222.    Fuelling of hire and drive vessel  
   223.    Naked flame on hire and drive vessel  
   224.    Stowage of equipment on hire and drive vessel  
   225.    Hire and drive vessel not to be overloaded  

           Division 4--Recreational vessels

   226.    Construction of recreational vessels  
   227.    Operation of recreational vessels  
   228.    Safety equipment required for recreational vessels  
   229.    Fire fighting equipment required for recreational vessels  
   230.    Maintenance and placement of safety equipment and fire extinguishers  
   231.    PFD to be worn on certain recreational vessels at all times by person on open area  
   232.    PFD to be worn on certain recreational vessels during time of heightened risk  
   233.    Children under 10 to wear PFD at all times  
   234.    Person being towed by recreational vessel to wear PFD  
   235.    Person not to operate recreational vessel until each person wears a PFD  
   236.    Exemption from safety equipment requirements  
   237.    Fuelling of recreational vessel  
   238.    Naked flame on recreational vessel  
   239.    Overloaded recreational vessel not to be operated  

   PART 3--CREWING, CERTIFICATES AND LICENCES

           Division 1--Crewing of vessels and certificates of competence

   300.    Crewing of trading vessels  
   301.    Crewing of fishing vessels  
   302.    Certificates of competency under the National Standard for Commercial Vessels  
   303.    Certificate of competency  
   304.    Certificate of competency to be subject to endorsement for Port Phillip Heads  
   305.    Requirements to be met before a certificate of competency may be endorsed for Port Phillip Heads  
   306.    Period of endorsement remains in force for Port Phillip Heads  
   307.    Certificate of competency to be subject to endorsement for Lakes Entrance Bar  
   308.    Special requirements for Lakes Entrance Bar  
   309.    Period of endorsement remains in force for Lakes Entrance Bar  

           Division 2--Pilots, pilot exemption and local knowledge

   310.    Offence to act as a pilot without a licence  
   311.    Pilot exempt master  
   312.    Pilot licence or pilot exemption  
   313.    Qualifications for the issue of a pilot licence and pilot exemption  
   314.    Period a pilot licence or pilot exemption remains valid  
   315.    Local knowledge certificate  
   316.    Circumstances in which holder of local knowledge certificate is not required to use pilot  
   317.    Local knowledge certificate  
   318.    Period a certificate of local knowledge remains valid  

           Division 3--Harbour masters

   319.    Harbour master licence  
   320.    Period harbour master licence remains in force  

           Division 4--Carriage of certificate, licence or exemption

   321.    Carriage of certificate, licence or exemption  

   PART 4--REGISTRATION OF VESSELS

           Division 1--Registration of vessels

   400.    Requirements for registration of vessels  
   401.    Period of registration  
   402.    Registration label and identification mark  
   403.    Cancellation of registration  
   404.    Suspension of registration  
   405.    Transfer of registered vessel  
   406.    General exemptions from registration  

           Division 2--Identification plates and marks

   407.    Special identification plates and marks  
   408.    Conditions of use of special identification plates and marks  

   PART 5--ALCOHOL AND DRUG TESTING AND OTHER MATTERS

   500.    Prescribed breath test devices  
   501.    Procedure for breath analysis  
   502.    Breath analysis certificate  
   503.    Method of obtaining blood sample  
   504.    Procedure after taking blood sample  
   505.    Certificate by medical practitioner taking blood sample  
   506.    Analysts certificate  
   507.    Notice of immediate operator licence suspension  
   508.    Suspended operator licence document to be surrendered to Director  

   PART 6--PRESCRIBED MEASURING DEVICES

   600.    Prescribed measuring devices  
   601.    Testing officer  
   602.    Testing of prescribed measuring devices  
   603.    Sealing of prescribed measuring devices  
   604.    Use of prescribed measuring device  

   PART 7--OPERATOR LICENCES AND PERSONAL WATERCRAFT ENDORSEMENTS

           Division 1--General provisions relating to operator licences

   700.    Eligibility to apply for an operator licence  
   701.    Requirements for applying for an operator licence  
   702.    Licence holder may surrender operator licence  
   703.    Refusal to issue operator licence  
   704.    Operator licence period  
   705.    Operator licence expiry date  
   706.    Operator licence conditions  
   707.    Notice of renewal of operator licence  
   708.    Renewal of operator licence  
   709.    Refusal to renew  
   710.    Date of expiry of renewed operator licence  
   711.    Reissue of operator licence  
   712.    Refusal to reissue operator licence  
   713.    Date of expiry of reissued operator licence  
   714.    Application for variation of operator licence  
   715.    Refusal to vary operator licence  
   716.    Conditions on restricted operator licence  
   717.    Operator licence receipt  
   718.    Form of operator licence document  
   719.    Issue of replacement operator licence document  
   720.    Records  
   721.    Change of name, address or condition  

           Division 2--Variation, cancellation and suspension of operator licences

   722.    Variation, suspension or cancellation of operator licence  
   723.    Procedures for variation, cancellation or suspension of operator licence  
   724.    Suspension of operator licence for purposes of section 119(2) of the Act  
   725.    Prescribed time for suspension of operator licence  

           Division 3--Exemptions from requirement to hold operator licence

   726.    Exemptions applying to licences issued outside Victoria  
   727.    Exemption from licensing requirements  
   728.    Exemption from licensing requirements for persons undergoing training  

           Division 4--General provisions relating to personal watercraft endorsements

   729.    Requirements for applying for personal watercraft endorsement  
   730.    Refusal to make personal watercraft endorsement  
   731.    Operator licence receipt with personal watercraft endorsement  

           Division 5--Variation or cancellation of personal watercraft endorsement

   732.    Operator licence holder may request cancellation of personal watercraft endorsement  
   733.    Application for variation of personal watercraft endorsement  
   734.    Refusal to vary personal watercraft endorsement  
   735.    Variation or cancellation of personal watercraft endorsement  
   736.    Procedures for variation or cancellation of personal watercraft endorsement  

           Division 6--Tests in relation to regulated recreational vessels

   737.    Tests  

           Division 7--Internal review procedures for operator licences and personal watercraft endorsements

   738.    Application for internal review  
   739.    Applicant entitled to be given reasons  

   PART 8--FEES

           Division 1--Survey of vessels and examination of plans

   800.    Existing vessel  
   801.    Application fee for new vessel survey and plan approval  
   802.    Plan approval fees  
   803.    Fees for new vessel survey by the Director  
   804.    Fee for booking a survey for existing vessel  
   805.    Fee for survey of existing vessels  
   806.    Fee for additional visit for an existing vessel survey  
   807.    Fee for considering application for alteration to classification or specification of vessel  
   808.    Inspection fee for alteration to classification or specification of vessel  
   809.    Fee for plan approval for alteration to classification or specification of vessel  
   810.    Fee for issue of certificate of survey  
   811.    Fee for issue of duplicate certificate of survey  

           Division 2--Certificates of competency and licences

   812.    Application fee for issue, variation or renewal of certificate of competency  
   813.    Fee for issue or renewal of certificates  
   814.    Fee for variation of certificates  
   815.    Fee for issue of duplicate certificate  
   816.    Examination fees for certificates  
   817.    Fee for application for issue, variation or renewal of pilot licence  
   818.    Fee for issue or renewal of pilot licence  
   819.    Fee for variation of pilot licence  
   820.    Fee for duplicate of pilot licence  
   821.    Examination fees for pilot licences  
   822.    Fee for application for issue, variation or renewal of pilot exemption certificate  
   823.    Fee for issue or renewal of pilot exemption certificate  
   824.    Fee for variation of pilot exemption certificate  
   825.    Fee for duplicate of pilot exemption certificate  
   826.    Fee for conduct of examination by the Director for issue, variation or renewal of pilot exemption certificate  

           Division 3--Boating facilities and safety education fee

   827.    Fees for boating facilities and safety education  
   828.    Fees for marks and plates for manufacturers and dealers  
   829.    Transfer fee on second-hand recreational vessel  

           Division 4--Operator licences and personal watercraft endorsements

   830.    Fee for operator licence and personal watercraft endorsement  
   831.    Fee for replacement operator licence  
   832.    Fee for search of records of operator licences  
   833.    Refund of fee  
   834.    Operator licence knowledge test fee  

   PART 9--MARINE INFRINGEMENTS

   900.    Prescribed offences  
   901.    Extension of time to object if no actual notice  
   902.    Payment of penalty  
   903.    Proof of prior convictions or findings of guilt  

   PART 10--EVIDENTIARY REQUIREMENTS

   1000.   Certificate as to matter extracted from the Director's records  
   1001.   Certificate as to name in which vessel is registered  
   1002.   Certificate as to testing and sealing of prescribed speed measuring devices  

   PART 11--SAVINGS AND TRANSITIONALS

   1100.   Definitions  
   1101.   Designated hazardous areas  
   1102.   Exemptions from safety equipment requirements  
   1103.   Determinations by Director  
   1104.   Pilot licences and pilot licence exemptions  
   1105.   Registration of vessels  
   1106.   Special identification plates and marks  
   1107.   Notifications and internal reviews  
   1108.   Infringements committed before commencement day  
   1109.   Compliance with standards  
   1110.   Interpretation of Legislation Act not limited  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           SCHEDULE 13
           SCHEDULE 14
           SCHEDULE 15
           ENDNOTES


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