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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Marine and Fisheries Legislation Amendment
Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Fisheries Act 1995 3
3 Definitions and interpretative provisions 3
4 Licences or permits must be returned to Victorian Fisheries
Authority 3
5 Cancelled transferable licences may be transferred 3
6 New Division 6 of Part 8 inserted 4
7 New Schedule 5 inserted 7
8 Statute law revision amendments 15
Part 3--Amendment of Marine (Drug, Alcohol and Pollution
Control) Act 1988 17
9 Definitions 17
10 Statute law revision 17
Part 4--Amendment of Marine Safety Act 2010 18
11 Definitions 18
12 New Part 4.6A inserted 18
13 Section 241 substituted 20
14 New section 247A inserted 21
15 Schedule 2--Subject matter for regulations 21
16 Statute law revision 22
Part 5--Amendment of Transport (Safety Schemes Compliance
and Enforcement) Act 2014 23
17 Definitions 23
Part 6--Repeal of this Act 25
18 Repeal of this Act 25
═════════════
591049B.I-27/8/2019 i BILL LA INTRODUCTION 27/8/2019
Clause Page
Endnotes 26
1 General information 26
591049B.I-27/8/2019 ii BILL LA INTRODUCTION 27/8/2019
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Marine and Fisheries Legislation
Amendment Bill 2019
A Bill for an Act to amend the Fisheries Act 1995, the Marine
(Drug, Alcohol and Pollution Control) Act 1988, the Marine Safety
Act 2010 and the Transport (Safety Schemes Compliance and
Enforcement) Act 2014 and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Fisheries Act 1995 to cancel
5 all Gippsland Lakes Fishery Access Licences
and to provide compensation in respect of
the cancellation of those licences; and
591049B.I-27/8/2019 1 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 1--Preliminary
(b) to amend the Marine (Drug, Alcohol and
Pollution Control) Act 1988 to expand the
application of the definition of prescribed
concentration of alcohol; and
5 (c) to amend the Marine Safety Act 2010--
(i) to provide that volunteers are not
marine safety workers; and
(ii) to provide for the suspension and
cancellation of inactive pilot licences;
10 and
(iii) to make further provision in relation to
the registration of pilotage services
providers; and
(d) to amend the Transport (Safety Schemes
15 Compliance and Enforcement) Act 2014 to
extend the scope of that Act to premises
associated with the design, manufacture or
supply of recreational vessels or marine
safety equipment and pilotage services
20 provider premises.
2 Commencement
(1) This Part and Parts 2 and 6 come into operation on
the day after the day on which this Act receives
the Royal Assent.
25 (2) Subject to subsection (3), Parts 3, 4 and 5 come
into operation on a day or days to be proclaimed.
(3) If a provision of Part 3, 4 or 5 does not come into
operation before 1 August 2020, it comes into
operation on that day.
591049B.I-27/8/2019 2 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
Part 2--Amendment of Fisheries Act 1995
3 Definitions and interpretative provisions
Insert the following definition in section 4(1) of
the Fisheries Act 1995--
5 "Gippsland Lakes means the total area of all
waters bounded by a line commencing at the
seaward end of the western pier at the
entrance wall at the entrance to the
Gippsland Lakes, continuing in a generally
10 north-westerly direction to the shoreward
end of that pier then following the shoreline
along the mean high water mark of such
waters in a generally clockwise direction to
the shoreward end of the eastern pier at the
15 entrance wall at the entrance to the
Gippsland Lakes, then following that wall to
its seaward end, then in a generally westerly
direction to the commencement of that line,
but does not include the waters east of
20 Eastern Beach Road or any river, creek or
stream flowing into the Gippsland Lakes
(except Chinaman's Creek and Boxes Creek
which flow into and form part of Bancroft
Bay);".
25 4 Licences or permits must be returned to Victorian
Fisheries Authority
In section 58A(2) of the Fisheries Act 1995, for
"Division 5" substitute "Division 5 or 6".
5 Cancelled transferable licences may be transferred
30 (1) In section 60(1)(c) of the Fisheries Act 1995, for
"Part 8." substitute "Part 8; or".
(2) After section 60(1)(c) of the Fisheries Act 1995
insert--
"(d) a licence surrendered or cancelled under
35 Division 6 of Part 8.".
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
6 New Division 6 of Part 8 inserted
After Division 5 of Part 8 of the Fisheries
Act 1995 insert--
"Division 6--Cancellation of Gippsland
5 Lakes Fishery Access Licences
153M Definitions for this Division
In this Division--
Gippsland Lakes Fishery Access Licence
means a licence belonging to the class
10 of access licence of that name
prescribed in the regulations made for
the purposes of section 38;
licence holder means the holder of a
Gippsland Lakes Fishery Access
15 Licence.
153N Licence holder may elect to surrender
Gippsland Lakes Fishery Access Licence
(1) The holder of a Gippsland Lakes Fishery
Access Licence may elect to surrender their
20 licence before 1 April 2020.
(2) The procedure by which a licence holder
may elect to surrender their licence is set out
in Part 2 of Schedule 5.
153O Cancellation of Gippsland Lakes Fishery
25 Access Licences on 1 April 2020
A Gippsland Lakes Fishery Access Licence
that has been successfully surrendered in
accordance with Part 2 of Schedule 5 is
cancelled by virtue of this section on 1 April
30 2020.
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
153P Cancellation of Gippsland Lakes Fishery
Access Licences on 1 April 2021
A Gippsland Lakes Fishery Access Licence
that has not been cancelled by virtue of
5 section 153O is cancelled by virtue of this
section on 1 April 2021.
153Q Rights and privileges against State
extinguished
Any right or privilege acquired or accrued
10 against the State of Victoria in respect of a
Gippsland Lakes Fishery Access Licence
cancelled under this Division is
extinguished, despite anything to the
contrary in section 14(2) of the
15 Interpretation of Legislation Act 1984.
153R State not liable
Despite any Act or law to the contrary
(other than the Charter of Human Rights and
Responsibilities) and except as provided in
20 this Division, the State of Victoria is not
liable in any way for any loss, damage or
injury whatsoever resulting directly or
indirectly from or arising out of the
cancellation of a Gippsland Lakes Fishery
25 Access Licence under this Division and any
action taken or decision made under this
Division or Schedule 5.
153S Compensation for cancellation of licences
(1) A licence holder whose licence is cancelled
30 under this Division is only entitled to be paid
compensation calculated in accordance with,
and limited to, Part 3 of Schedule 5.
(2) The compensation is to be paid out of the
Consolidated Fund (which, by this section, is
35 appropriated to the extent necessary).
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
153T Exemption from offence relating to
possession of commercial fishing
equipment
(1) A person is exempt from section 36(2) in
5 respect of the possession of commercial
fishing equipment if--
(a) the person formerly held a Gippsland
Lakes Fishery Access Licence that was
cancelled on 1 April 2020--for a period
10 of 12 months after that date; or
(b) the person formerly held a Gippsland
Lakes Fishery Access Licence that was
cancelled on 1 April 2021--for a period
of 12 months after that date.
15 (2) An exemption under subsection (1) does not
apply to a person unless--
(a) the person possessed the commercial
fishing equipment in the course of
carrying out activities under a
20 Gippsland Lakes Fishery Access
Licence before it was cancelled under
this Division; and
(b) the person has evidence of the person's
ownership of the commercial fishing
25 equipment immediately before 1 April
2020 or 1 April 2021 (as the case
requires).".
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
7 New Schedule 5 inserted
After Schedule 4 to the Fisheries Act 1995
insert--
"Schedule 5--Cancellation of
5 Gippsland Lakes Fishery Access
Licences
Sections 153N, 153O, 153R and 153S
Part 1--Definitions
1 Definitions in this Schedule
In this Schedule--
10 licence means a Gippsland Lakes Fishery
Access Licence as defined in
section 153M;
licence holder means the holder of a
Gippsland Lakes Fishery Access
15 Licence;
records held by the Victorian Fisheries
Authority means the records of catch
history as recorded in the Integrated
Catch and Effort System maintained by
20 the Victorian Fisheries Authority;
survey period means the 5-year period from
1 April 2012 to 31 March 2017
inclusive.
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
Part 2--Election to surrender
licence
2 Notice that licence holder may elect to
surrender licence
5 (1) On or after the commencement of Division 6
of Part 8, the Minister must give notice in
accordance with this clause to each holder of
a Gippsland Lakes Fishery Access Licence
that the licence holder may elect to surrender
10 their licence.
(2) The notice must be--
(a) published in the Government Gazette;
and
(b) sent by letter to each licence holder.
15 (3) The notice must state the following--
(a) that each licence holder may elect to
surrender their licence;
(b) the opening and closing date for the
making of the election;
20 (c) that the election must be made in
writing addressed to the Victorian
Fisheries Authority and signed by the
licence holder;
(d) the address to which the election must
25 be sent, which may include an email
address;
(e) the information that must be included in
the election, which must include the
name of the licence holder and the
30 licence number;
(f) that a successful election will result in
the licence being cancelled on 1 April
2020;
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
(g) that on and after the surrender of the
licence, the licence may not be
transferred to another person;
(h) that if the licence holder does not elect
5 to surrender their licence before the
closing date, the licence will be
cancelled on 1 April 2021;
(i) that compensation for the cancellation
of the licence will be calculated in
10 accordance with Part 3.
(4) In addition, the notice sent to each licence
holder must state the amount of
compensation payable to the licence
holder--
15 (a) if the licence is successfully
surrendered under this Part; or
(b) if the licence is not successfully
surrendered under this Part.
3 Election to surrender licence
20 An election by a licence holder to surrender
their licence must--
(a) be made in writing to the Victorian
Fisheries Authority and received by
the Victorian Fisheries Authority within
25 the period stated in the notice under
clause 2; and
(b) be signed by the licence holder; and
(c) include the information required by the
notice under clause 2.
30 4 Determination of successful elections
After the closing date specified in the notice
under clause 2 for making an election, the
Victorian Fisheries Authority must
determine that each of the elections to
591049B.I-27/8/2019 9 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
surrender a licence made in accordance with
clause 3 is successful.
5 Notification of successful election
Within 28 days after receiving a successful
5 election to surrender a licence from a licence
holder, the Victorian Fisheries Authority
must notify the licence holder in writing--
(a) that the election made by the licence
holder to surrender their licence is
10 successful; and
(b) that the licence will be cancelled on
1 April 2020; and
(c) the amount of compensation to which
the licence holder is entitled.
15 6 Notification of unsuccessful election
Within 28 days after receiving an
unsuccessful election to surrender a licence,
the Victorian Fisheries Authority must notify
the licence holder in writing stating--
20 (a) that the election made by the licence
holder to surrender their licence has
been unsuccessful; and
(b) the reasons why the election was
unsuccessful; and
25 (c) that the licence holder may submit a
further election to surrender their
licence in accordance with clause 3;
and
(d) that, despite paragraph (c), the further
30 election must be made before the date
specified in the notice under this clause
(which must not be less than 14 days
after receipt of the notice by the licence
holder) or the closing date specified in
591049B.I-27/8/2019 10 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
the notice under clause 2, whichever is
the later.
Part 3--Calculation of
compensation
5 7 Calculation of compensation
(1) The amount of compensation payable to a
licence holder whose licence is cancelled
under section 153O or 153P is determined in
accordance with Table 1 where--
10 T is the annual average catch value of the
catch taken under the licence held by
the licence holder over the survey
period (whether or not the licence
holder held the licence for the whole of
15 that period).
Table 1
Column 1 Column 2
Date on which licence Formula for determining
cancelled compensation
1 April 2020 The amount (A)
= $371 000 +
$60 000 + (3 × T)
1 April 2021 The amount (B) =
A × 8/10
(2) For the purposes of subclause (1), the annual
average catch value taken under a licence
over the survey period (T) is determined as
20 follows--
(a) for each species of fish specified in
column 1 of Table 2--
(i) the total catch, in kilograms, of the
species is determined based on the
25 catch history of the licence over
591049B.I-27/8/2019 11 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
the survey period indicated in the
records held by the Victorian
Fisheries Authority; and
(ii) the total catch is multiplied by the
5 value per kilogram specified
opposite in column 2 of Table 2 to
determine the total catch value of
the species over the survey period;
and
10 (iii) the total catch value of the species
over the survey period is divided
by 5 to determine the annual
average catch value of the species;
(b) the annual average catch values of each
15 of the species, as determined under
paragraph (a), are added together.
Table 2
Column 1 Column 2
Species of fish Value (per kg)
Anchovy, Australian (whitebait) $5.51
Australian bass $4.26
Australian herring $4.32
Australian salmon $1.34
Australian Sardine (Pilchard) $4.20
Barracouta $0.73
Bream, black $9.87
Calamari, Southern (squid) $15.04
Carp, European $4.26
Cod, Southern Rock $4.26
Cod, Unspecified $4.26
Crab, Blue Swimmer $10.13
Crab, European Shore $4.26
Crab, Other Unspecified $2.82
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
Column 1 Column 2
Species of fish Value (per kg)
Crab, sand $4.26
Crab, Spider $2.53
Dory, Silver $2.72
Eel, longfin $4.33
Eel, Unspecified $4.26
Flathead, dusky $7.93
Flathead, southern sand $3.16
Flathead, Unspecified $6.27
Flounder, greenback $4.26
Flounder, Unspecified $7.21
Garfish, river $6.65
Garfish, Southern (Sea) $3.58
Gudgeons $4.26
Gurnard perch, Common $4.26
Gurnard, Butterfly $4.26
Gurnard, Unspecified $4.26
Kingfish, Yellowtail $7.57
Latchet $1.64
Leatherjacket $1.45
Ling, Rock $4.26
Luderick $2.11
Mackerel, Blue $3.41
Mackerel, jack $1.24
Mackerel, Unspecified $4.26
Morwong, dusky $4.26
Mud crab (unspecified) $2.82
Mullet, sand $1.69
Mullet, sea $2.73
Mullet, yelloweye $6.95
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
Column 1 Column 2
Species of fish Value (per kg)
Mulloway $6.21
Mussel, blue $2.31
Octopus $9.72
Perch, estuary $4.26
Perch, Unspecified $4.26
Pike, Unspecified $4.26
Prawn, Eastern King $18.70
Prawn, Eastern School $10.03
Prawn, Other (Unspecified) $3.81
Ray, Southern Eagle $2.17
Rays $1.32
Sandworms $4.26
Sea Carp, Southern $4.26
Shark, angel $2.23
Shark, Elephant $4.26
Shark, gummy $6.29
Shark, Other (Unspecified) $4.26
Shark, Thresher $1.29
Shellbait $4.26
Shrimp bait $4.26
Shrimp, Ghost $4.26
Skates and Rays, Other $1.32
Snapper $7.87
Snook $6.41
Sole, Unspecified $4.26
Sprat (Unspecified) $4.26
Sprat, Blue $4.26
Squid, Goulds $2.93
Tailor $6.30
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
Column 1 Column 2
Species of fish Value (per kg)
Trevalla, Spotted $2.30
Trevally, silver $5.05
Trout, brown $4.26
Trout, rainbow $5.00
Tuna, Unspecified $4.26
Warehou, blue $4.26
Whiting, blue weed $12.21
Whiting, King George $17.18
Whiting, Sand $12.21
Whiting, school $3.32
Whiting, Unspecified $4.26
Wrasse, blue throat $8.52
Wrasse, Unspecified $4.26
All other species $4.26
".
8 Statute law revision amendments
(1) In section 38(7)(c) and (d) of the Fisheries
Act 1995, for "1 year" substitute "one year".
5 (2) In section 51(6) of the Fisheries Act 1995, for
"1 year" substitute "one year".
(3) In section 65A(2) of the Fisheries Act 1995, for
"1 or more" substitute "one or more".
(4) In paragraph (a) of the penalty at the foot of
10 section 66(1) of the Fisheries Act 1995, for
"1 individual" substitute "one individual".
(5) In section 66K(2) of the Fisheries Act 1995, for
"1 or more" substitute "one or more".
(6) In paragraph (a) of the penalty at the foot of
15 section 66M(1) of the Fisheries Act 1995, for
"1 individual" substitute "one individual".
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Marine and Fisheries Legislation Amendment Bill 2019
Part 2--Amendment of Fisheries Act 1995
(7) In section 66P of the Fisheries Act 1995, for "1 or
more" substitute "one or more".
(8) In section 67(4)(b) of the Fisheries Act 1995, for
"1 penalty" substitute "one penalty".
5 (9) In section 68A(7) of the Fisheries Act 1995, for
"1 penalty" substitute "one penalty".
(10) In section 101H(3) of the Fisheries Act 1995, for
"1 year" substitute "one year".
(11) In section 132(2)(c) of the Fisheries Act 1995, for
10 "1 person" substitute "one person".
(12) In section 155A(g)(i) of the Fisheries Act 1995,
for "1 year" substitute "one year".
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Marine and Fisheries Legislation Amendment Bill 2019
Part 3--Amendment of Marine (Drug, Alcohol and Pollution Control) Act
1988
Part 3--Amendment of Marine (Drug,
Alcohol and Pollution Control) Act 1988
9 Definitions
In section 3(1) of the Marine (Drug, Alcohol and
5 Pollution Control) Act 1988, in the definition of
prescribed concentration of alcohol, for
paragraph (a) substitute--
"(a) in the case of a person who is operating a
vessel underway, or is the master of a vessel
10 underway or at anchor, any concentration of
alcohol present in the blood or breath of that
person, if either or both of the following
apply--
(i) the person is under the age of 21 years;
15 (ii) the vessel is a domestic commercial
vessel; and
(ab) in the case of a person who is a pilot of a
vessel underway or at anchor, any
concentration of alcohol present in the blood
20 or breath of that person; and".
10 Statute law revision
In section 3(1) of the Marine (Drug, Alcohol and
Pollution Control) Act 1988, in the definition of
Victorian Marine Pollution Contingency Plan,
25 for "2013." substitute "2013;".
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Marine and Fisheries Legislation Amendment Bill 2019
Part 4--Amendment of Marine Safety Act 2010
Part 4--Amendment of Marine Safety
Act 2010
11 Definitions
In section 3(1) of the Marine Safety Act 2010,
5 for the definition of marine safety worker
substitute--
"marine safety worker--
(a) means a person who has carried out, is
carrying out or is about to carry out
10 marine safety work; and
(b) does not include a volunteer;".
12 New Part 4.6A inserted
After Part 4.6 of the Marine Safety Act 2010
insert--
15 "Part 4.6A--Inactive pilot licences
173A Suspension and cancellation of inactive
pilot licences
Subject to section 173B, the Safety Director
may suspend or cancel a pilot licence if the
20 Safety Director is satisfied that the person
who holds that licence--
(a) has not acted as a pilot for a period of at
least 12 months; or
(b) does not intend to act as a pilot.
25 173B Procedure for suspension and cancellation
of inactive pilot licences
(1) If the Safety Director proposes to suspend or
cancel a pilot licence under section 173A,
the Safety Director must serve on the person
30 who holds that licence a notice that--
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Part 4--Amendment of Marine Safety Act 2010
(a) states the proposed action (including
any proposed period of suspension);
and
(b) states the grounds for the proposed
5 action; and
(c) invites the person to make a written
submission within a stated period as to
why the proposed action should not be
taken.
10 (2) For the purposes of subsection (1)(c), the
period stated in the notice must be a period
of at least 28 days after the notice is served
on the person.
(3) In deciding whether to take action under
15 section 173A, the Safety Director must
consider any submission given to the Safety
Director in accordance with subsection
(1)(c).
(4) If the Safety Director is satisfied that
20 grounds for action under section 173A have
been established, the Safety Director may
take any action of which a notice was given
under subsection (1).
(5) The Safety Director, as soon as practicable,
25 must serve written notice on the person who
holds the relevant pilot licence with respect
to taking, or not taking, action under
section 173A and, if the decision is to take
such action, of--
30 (a) the action being taken; and
(b) the date, which must not be earlier than
7 days after the day on which the notice
under this subsection is served, on
which any suspension or cancellation
35 takes effect.
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Marine and Fisheries Legislation Amendment Bill 2019
Part 4--Amendment of Marine Safety Act 2010
173C Effect of suspension of pilot licence
(1) This section applies if the Safety Director
suspends a person's pilot licence under
section 173A.
5 (2) During the period of suspension, the person
is taken not to hold a pilot licence.
173D Return of pilot licence
(1) A person whose pilot licence has been
suspended or cancelled under section 173A
10 must, not later than 7 days after the
suspension or cancellation takes effect--
(a) return the pilot licence to the Safety
Director; or
(b) if the pilot licence has been lost, stolen
15 or destroyed, give the Safety Director a
statement, verified by a statutory
declaration, that the pilot licence has
been lost, stolen or destroyed.
Penalty: 10 penalty units.
20 (2) If a pilot licence held by a person is
suspended and it has not expired when the
suspension ends, the Safety Director must
return the pilot licence to the person.".
13 Section 241 substituted
25 For section 241 of the Marine Safety Act 2010
substitute--
"241 Registration as a pilotage services
provider
(1) On receiving an application under section
30 240, the Safety Director must register the
person as a pilotage services provider if the
Safety Director is satisfied that the person
has the competence and capacity to carry out
pilotage services safely.
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Part 4--Amendment of Marine Safety Act 2010
(2) For the purposes of subsection (1), the Safety
Director must have regard to whether the
person meets or satisfies the prescribed
requirements (if any).".
5 14 New section 247A inserted
After section 247 of the Marine Safety Act 2010
insert--
"247A Pilotage services providers must report
reportable incidents to Safety Director
10 If a pilot has the conduct of a vessel that is
involved in a reportable incident, the pilotage
services provider who provided that pilot
must report the full particulars of the incident
to the Safety Director as soon as possible, in
15 writing and in the form determined by the
Safety Director.
Penalty: 10 penalty units.".
15 Schedule 2--Subject matter for regulations
After item 10 in Schedule 2 to the Marine Safety
20 Act 2010 insert--
"10A. Requirements to be met or satisfied for the
purposes of registration as a pilotage services
provider, including, but not limited to,
requirements in relation to the following--
25 (a) systems (including but not limited to
safety management systems),
procedures and policies to ensure pilots
are not impaired by fatigue, alcohol or
drugs;
30 (b) systems (including but not limited to
safety management systems),
procedures and policies relating to the
training, instruction, assessment and
supervision of pilots;
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Part 4--Amendment of Marine Safety Act 2010
(c) maintenance and records of any
systems, procedures and policies
referred to in paragraphs (a) and (b);
(d) notices and reports to be given to the
5 Safety Director in relation to any
systems, procedures and policies
referred to in paragraphs (a) and (b);
(e) for ensuring that pilots employed or
engaged are qualified and competent,
10 and medically fit, to act as pilots.".
16 Statute law revision
(1) In section 93(2) of the Marine Safety Act 2010,
after "vessel" (where first occurring) insert
"that is".
15 (2) In section 298A of the Marine Safety Act 2010,
in the definition of authorised representative--
(a) for paragraph (c) substitute--
"(c) a medical treatment decision maker for
the individual within the meaning of the
20 Medical Treatment Planning and
Decisions Act 2016; or";
(b) in paragraph (d) omit "or a person
responsible".
(3) The heading to Part 9.3 of the Marine Safety
25 Act 2010 is repealed.
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Marine and Fisheries Legislation Amendment Bill 2019
Part 5--Amendment of Transport (Safety Schemes Compliance and
Enforcement) Act 2014
Part 5--Amendment of Transport (Safety
Schemes Compliance and Enforcement)
Act 2014
17 Definitions
5 In section 3 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in the definition of marine premises--
(i) in paragraph (b), after "purposes;"
insert "and";
10 (ii) after paragraph (b) insert--
"(c) premises associated with the
design, commission, construction,
manufacture, supply,
maintenance, repair or
15 modification of a recreational
vessel; and
(d) premises associated with the
design, commission, construction,
manufacture, supply, installation,
20 maintenance, repair or
modification of marine safety
equipment; and
(e) premises owned or occupied by
pilotage services providers for the
25 purpose of providing pilotage
services;";
(b) insert the following definitions--
"marine safety equipment has the same
meaning as in section 3(1) of the
30 Marine Safety Act 2010;
pilotage services has the same meaning as in
section 3(1) of the Marine Safety
Act 2010;
591049B.I-27/8/2019 23 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 5--Amendment of Transport (Safety Schemes Compliance and
Enforcement) Act 2014
pilotage services provider has the same
meaning as in section 3(1) of the
Marine Safety Act 2010;".
591049B.I-27/8/2019 24 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Part 6--Repeal of this Act
Part 6--Repeal of this Act
18 Repeal of this Act
This Act is repealed on 1 August 2021.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
591049B.I-27/8/2019 25 BILL LA INTRODUCTION 27/8/2019
Marine and Fisheries Legislation Amendment Bill 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591049B.I-27/8/2019 26 BILL LA INTRODUCTION 27/8/2019
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