61AAAMaking vessel monitoring directions

61AAA Making vessel monitoring directions

Application of this section (1) This section applies in relation to a vessel that is required by a law of the Commonwealth, a State or a Territory to be equipped with a vessel monitoring system. Directions for individual vessels (2) The Authority may, in writing, make a direction (an individual vessel monitoring direction) requiring one of the persons responsible, or one of the kinds of persons responsible, for a particular vessel to provide the Authority, or cause the Authority to be provided, with the information specified for the vessel in the direction (which must be information of a kind provided by the vessel monitoring system in relation to the operation of the vessel in the Marine Park).

Note: For responsible, see subsection (10).

(3) A copy of an individual vessel monitoring direction must be given to the person, or each of the persons, to whom it applies. (4) An individual vessel monitoring direction: (a) takes effect: (i) on the day (if any) specified in the direction (which must not be earlier than the day on which a copy of the direction is first given to a person to whom it applies); or (ii) if no day is specified—on the day on which a copy of the direction is first given to a person to whom it applies; and (b) continues in effect for the period specified in the direction. (5) The Authority may vary or revoke an individual vessel monitoring direction: (a) in the same manner as an individual vessel monitoring direction may be made; and (b) subject to the same conditions as apply to the making of an individual vessel monitoring direction. (6) An individual vessel monitoring direction is not a legislative instrument. Directions for classes of vessels (7) The Authority may, by legislative instrument, make a direction (a class vessel monitoring direction) requiring one of the kinds of persons responsible for a vessel belonging to a particular class of vessels to provide the Authority, or cause the Authority to be provided, with the information specified for the vessel in the direction (which must be information of a kind provided by the vessel monitoring system in relation to the operation of the vessel in the Marine Park).

Note: For responsible, see subsection (10).

(8) The Authority may vary or revoke a class vessel monitoring direction: (a) in the same manner as a class vessel monitoring direction may be made; and (b) subject to the same conditions as apply to the making of a class vessel monitoring direction. Content of individual and class vessel monitoring directions (9) A vessel monitoring direction may require the specified information to be provided: (a) before the end of a specified period; or (b) at specified intervals, either during a specified period or indefinitely; or (c) continuously, either during a specified period or indefinitely; or (d) in any other way the Authority considers appropriate. Persons responsible for a vessel (10) For the purposes of subsections (2) and (7), each of the following persons is responsible for a vessel: (a) an owner of the vessel; (b) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) in relation to the vessel that requires the vessel to be fitted with a vessel monitoring system; (c) a person specified in the regulations for the purposes of this paragraph.