Harbors and Navigation Regulations 2023
Subdiv 4Exemptions from requirement that vessel be registered
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Subdivision 4—Exemptions from requirement that vessel be registered 91—Application for exemption (1) For the purposes of section 55(3) of the Act, the following provisions apply in relation to an application for an exemption from the requirements of that section: (a) the applicant must be— (i) an individual who is of or above 16 years of age; or (ii) a body corporate; (b) the application must be made to the CE in a manner and form determined by the CE; (c) the application must correctly state— (i) the full name of the owner of the vessel; and (ii) — (A) if the owner of the vessel is an individual—the address at which the owner is ordinarily resident and, in the case of an application for an exemption in a business name, the address of the principal place of business at which the owner carries on business in that business name; or (B) if the owner of the vessel is a body corporate—the address of the principal place of business in this State of the body corporate; (d) the application must be accompanied by— (2) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. 92—Exemptions from requirement to be registered and marked (1) A vessel is not required to be registered and marked in accordance with these regulations if— (a) — (i) the vessel is registered under the law of another State or a Territory of the Commonwealth and is marked in accordance with that law; and (ii) not more than 90 days have passed since the day on which the vessel was first operated after being brought into the jurisdiction; or (b) — (i) the vessel is owned by a person to whom the CE has issued trade plates; and (ii) all conditions on which the trade plates have been issued by the CE have been, and are being, complied with; and (iii) a pair of trade plates and a trade plate label issued by the CE are affixed to the vessel in accordance with Subdivision 5; or (c) the vessel is a motorised canoe or kayak being operated in protected or semi‑protected waters. (2) If the owner or operator of a vessel that is exempt under subregulation (1)(a) from the requirement to be registered is requested by an authorised person to produce satisfactory evidence of registration of the vessel under the law of another State or a Territory of the Commonwealth, the owner or operator must produce that evidence either— (a) immediately to the person who made the request; or (b) within 48 hours after the making of the request, at a police station or office of the department conveniently located for the owner or operator, specified by the authorised person at the time of making the request. (3) In any legal proceedings, a document apparently signed by the Commissioner of Police and certifying that evidence has not been produced as required by this regulation is, in the absence of proof to the contrary, proof of the matter so certified.