Part 7Boat operator's licence etc

Part 7—Boat operator's licence etc 46—Vessels to which this Part applies This Part applies to— (a) a vessel fitted with an engine; and (b) any other vessel of a class declared by regulation to be a class of vessels to which this Part applies. 47—Requirement for boat operator's licence, exemption or permit (3) A person must not operate a vessel to which this Part applies unless that person holds— (b) an exemption from the requirement to hold a boat operator's licence; or (c) a special permit granted under the regulations; or (d) a prescribed certificate of competency that is in force. Expiation fee: $315. (3a) A person must not cause, suffer or permit another to operate a vessel to which this Part applies unless the other person holds— (b) an exemption from the requirement to hold a boat operator's licence; or (c) a special permit granted under the regulations; or (d) a prescribed certificate of competency that is in force. Expiation fee: $315. (4) This section does not apply in relation to a hire and drive vessel (within the meaning of section 47A). (5) A person who commits an offence against this section while disqualified from holding a boat operator's licence is liable to a fine of twice the amount prescribed above. (6) In this section— prescribed certificate of competency means— (a) a certificate of competency (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law); or (b) a certificate of competency (however described) issued by a State or Territory that continues to have effect pursuant to transitional provisions made under the Marine Safety (Domestic Commercial Vessel) National Law), but does not include a certificate of competency of a kind declared by the regulations not to be a prescribed certificate of competency for the purposes of this definition (whether generally or in relation to the operation of a vessel in a particular area). 47A—Requirements for operators of hire and drive vessels (1) Without limiting section 46, this section applies to, or in relation to, an excluded vessel that is a hire and drive vessel fitted with an engine. (2) A person must not operate a hire and drive vessel fitted with an engine unless the person holds— (b) a prescribed certificate of competency; or (c) an exemption from the operation of this subsection; or (d) a special permit granted under the regulations. (3) A person must not cause, suffer or permit another to operate a hire and drive vessel fitted with an engine unless the other person holds— (b) a prescribed certificate of competency; or (c) an exemption from the operation of this subsection; or (d) a special permit granted under the regulations. (4) However, subsections (2) and (3) do not apply in relation to— (a) the operation on the River Murray system (within the meaning of the River Murray Act 2003) between the border of South Australia and a line joining the upstream sides of the landings used by the ferry at Wellington of a hire and drive vessel that is a houseboat by a person who— (i) is at least 18 years of age; and (ii) holds either— (A) a current driver's licence under the Motor Vehicles Act 1959 endorsed with the classification C or R; or (B) a current interstate licence or foreign licence (as defined in the Motor Vehicles Act 1959) authorising the person to drive motor vehicles of the kind that may be driven pursuant to a driver's licence referred to in subsubparagraph (A) and is, by virtue of section 97A of that Act, authorised to drive such motor vehicles on roads in this State; and (iii) has received such practical and written instruction in relation to the operation of the houseboat as the regulations may require; or (b) the operation in waters specified by the CE for the purposes of this paragraph of a hire and drive small vessel by a person who— (i) is at least 16 years of age; and (ii) has received such practical and written instruction in relation to the operation of the vessel as the regulations may require. (5) For the purposes of subsection (4)(b), the CE may specify waters— (a) by reference to particular waters, or waters of a specified class; or (b) by reference to the waters in which a particular hire and drive small vessel, or a hire and drive vessel of a specified class, may be operated. (6) For the purposes of this section, a vessel will be taken to be a houseboat if— (a) the vessel has facilities for overnight accommodation; and (b) — (i) all the living facilities are on or above the deck of the vessel; or (ii) although not all the living facilities are on or above the deck of the vessel, the vessel is designed and constructed as a river boat providing living facilities similar to that provided in a residential building and the CE and the owner of the vessel agree that the vessel is to be classed as a houseboat. (7) A person who commits an offence against subsection (2) while disqualified from holding a boat operator's licence or prescribed certificate of competency (as the case requires) is liable to a fine of twice the amount prescribed above. (8) In this section— personal watercraft means a device that— (a) is propelled by a motor; and (b) has a fully enclosed hull; and (c) is designed not to retain water if capsized; and (d) is designed to be operated by a person who sits astride, stands, or kneels on the device, and includes the device commonly referred to as a jet ski; prescribed certificate of competency has the same meaning as in section 47; hire and drive small vessel means a hire and drive vessel that is— (a) a personal watercraft; or (b) a motorised dinghy having a length not exceeding 5 m; hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants. 48—Issue of boat operator's licence or exemption (1) The CE must arrange for the examination of applicants seeking a boat operator's licence. (2) A person who— (a) passes the examination for a boat operator's licence; and (b) satisfies any requirements set out in the regulations in relation to the issue of a boat operator's licence; and (c) satisfies the CE that the person is a fit and proper person to hold a boat operator's licence, is entitled to be issued with a boat operator's licence. (3) A person who is entitled to a boat operator's licence will, on payment of the fee fixed by regulation, be issued with a boat operator's licence. (4) A boat operator's licence continues in operation without renewal and without payment of any further fee. (5) The CE may, on such conditions as the CE thinks fit, exempt a person from the obligation to sit an examination for a boat operator's licence, or to hold a boat operator's licence. 49—Cancellation of boat operator's licence by court Where a court convicts the holder of a boat operator's licence of an offence against this Act showing the holder to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation, the court may, in addition to imposing any other penalty, cancel the boat operator's licence and disqualify the holder from again holding a boat operator's licence for a specified period or until further order. 50—Cancellation of boat operator's licence by CE (1) If the holder of a boat operator's licence— (a) is shown by the findings of the Court of Marine Enquiry or a court or tribunal with similar powers under the law of some other place to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or (b) is convicted of an offence showing the holder of the boat operator's licence to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or (c) is disqualified from holding a qualification equivalent to a boat operator's licence (however described) under the law of another place, or (d) is shown to have suffered mental or physical incapacity rendering the holder incapable of satisfactorily operating a vessel or performing duties pursuant to the boat operator's licence, the CE may, by notice in writing given to the holder, cancel the boat operator's licence and disqualify the holder from again holding a boat operator's licence for a specified period or until further notice. (2) If the holder of a qualification under the law of some other place— (a) is convicted of an offence showing the holder of the qualification to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation; or (b) has been found by the Court of Marine Enquiry or a court or tribunal with similar powers under the law of some other place to have been incompetent or guilty of misconduct or to have failed in the holder's duty in a matter related to navigation, or (c) is shown to have suffered mental or physical incapacity rendering the holder incapable of satisfactorily operating a vessel or performing duties pursuant to the qualification, the CE may declare the qualification to be inoperative in the jurisdiction and while such a declaration remains in force the person to whom it relates will not be regarded as the holder of a qualification equivalent to a boat operator's licence. (3) On cancellation of a boat operator's licence (under this or any other section of this Act), the former holder of the boat operator's licence must return the boat operator's licence to the CE.