Div 1Applications under this Part

Division 1—Applications under this Part 69—Application for boat operator's licence etc (1) This regulation applies to the following applications: (a) an application for a boat operator's licence; (b) an application for a special permit; (c) an application for recognition of experience or qualifications; (d) an application for an exemption from the requirement to hold a boat operator's licence; (e) an application for an exemption from the obligation to sit an examination for a boat operator's licence. (2) An application to which this regulation applies— (i) documentary proof, to the satisfaction of the CE, of the identity of the applicant; and (ii) such other information and records as the CE may reasonably require; and (iii) the fee (if any) fixed by Schedule 11. 70—Exemptions from section 47 of Act For the purposes of section 47(3) of the Act, the following persons are exempt from the requirement to hold a boat operator's licence: (a) a person who holds a temporary boat operator's licence issued under this Division; (b) a person who is at least 12 years of age and who is operating a vessel (other than a personal watercraft) at a speed of 10 knots or less under the direct supervision of a person who holds a boat operator's licence or a temporary boat operator's licence; (c) a person who— (i) is usually resident in another State or a Territory of the Commonwealth; and (ii) either— (A) holds a licence, permit or other document issued under the law of another State or a Territory of the Commonwealth authorising the person to operate a vessel of a kind to which Part 7 of the Act would apply if the vessel were in this State; or (B) is entitled, under a law of another State or a Territory of the Commonwealth recognised by the CE for the purposes of this paragraph, to operate a vessel of a kind to which Part 7 of the Act would apply if the vessel were in this State, during a period of 90 days after the day on which the person first operates a vessel in the jurisdiction while visiting this State; (d) a person who is of or above 16 years of age and who is operating a motorised canoe or kayak in protected or semi‑protected waters. 71—Requirements for applicants for boat operator's licence (1) For the purposes of section 48(2) of the Act, an applicant for a boat operator's licence must satisfy the following requirements: (a) the applicant must be at least 16 years of age; (b) the sight in the applicant's better eye must not be worse than 6/18 on the basis of the Snellen principle; (c) the applicant must not suffer any mental or physical impairment that may affect their ability to operate or undertake duties on a vessel pursuant to a boat operator's licence; (d) the applicant must satisfactorily pass any practical, written or oral examination set by the CE for the purposes of this subregulation. (2) An applicant will be taken to meet the required eyesight and medical standards if the applicant meets the standards required for obtaining a motor vehicle driver's licence. (3) A pass in an examination remains valid for the purposes of the issue of a boat operator's licence for a period of 6 months from the date of the examination (unless the CE determines otherwise). (4) If a person fails an examination, the CE may determine that no further attempt may be made by that person until after a specified interval of time. (5) Despite subregulation (1), the CE may issue a boat operator's licence to a person who fails to meet an eyesight or other medical standard required under that subregulation if the CE is satisfied that the person can satisfactorily perform the duties required of the holder of a licence. 72—Endorsement of boat operator's licence (1) The CE may, at any time by written notice, endorse a boat operator's licence with a condition based on an eyesight or medical standard required by these regulations, subject to which the holder may perform the duties normally authorised by the licence. (2) The CE may, for the purposes of the endorsement of a boat operator's licence under subregulation (1), require an applicant for a licence or the holder of a licence to meet such standards as the CE thinks fit. (3) The holder of a boat operator's licence must, in operating a vessel, comply with an endorsement on their licence. (4) For the purposes of this regulation, a reference to a boat operator's licence includes a reference to a qualification under the law of some other place declared under these regulations to be equivalent to a boat operator's licence. 73—Special permits (1) For the purposes of section 47(3), (3a) and (4) of the Act, the CE may issue a special permit to operate a vessel to a person who is not more than 15 years of age. A special permit is not a boat operator's licence. (2) An applicant for a special permit must satisfactorily pass any practical, written or oral examination set by the CE for the purpose. (3) A special permit authorises the holder— (a) to operate a vessel that is less than 4 m in length and has a potential speed of 10 knots or less without supervision; and (b) to operate any other vessel (other than a personal watercraft) under the direct supervision of a person who holds a boat operator's licence or a temporary boat operator's licence. (4) A special permit may be issued subject to such conditions as the CE thinks fit. (5) The holder of a special permit who contravenes a condition of the permit is guilty of an offence. 74—Issue of temporary boat operator's licence (1) The CE may issue a temporary boat operator's licence to an applicant for a boat operator's licence, pending full determination of the application, if satisfied that— (a) the application for a boat operator's licence has been properly made in accordance with this Part; and (b) the applicant satisfies the requirements specified in regulation 71(1); and (c) the applicant is a fit and proper person to hold a boat operator's licence. (2) A temporary boat operator's licence may be issued subject to such conditions as the CE thinks fit. (3) A holder of a temporary boat operator's licence must not contravene a condition of the licence. (4) A temporary boat operator's licence remains in force— (a) for a period of 1 month; or (b) until the relevant application for a boat operator's licence is determined, whichever period is shorter. 75—Obligations of holder of boat operator's licence or special permit (1) A person who holds a boat operator's licence or special permit must sign the licence on receiving it. (2) A person who holds a boat operator's licence or special permit must notify the CE within 14 days of— (a) any change in their name or address; or (b) any physical or mental impairment that may affect their capacity to operate a vessel. 76—Replacement boat operator's licence or special permit (1) A replacement boat operator's licence or special permit must not be issued unless the original (or previous replacement) licence or permit is returned to the CE or the CE is satisfied that the licence or permit has been lost, stolen or destroyed. (2) A replacement boat operator's licence or special permit will only be issued on payment of the fee (if any) fixed by Schedule 11.