Subdiv 6Hull identification numbers (HIN)

Subdivision 6—Hull identification numbers (HIN) 96—Interpretation (1) In this Subdivision— boat code agent means a person whose appointment as a boat code agent under this Subdivision is in force; boat code examiner means a person whose approval as a boat code examiner under this Subdivision is in force; business day means every day except— (a) Saturday, Sunday or a public holiday; or (b) a day which falls between 25 December in 1 year and 1 January in the following year; HIN means a series of letters and numbers that identify the vessel to which they are attached or on which they are inscribed and that— (a) indicate that the vessel is registered in Australia; and (b) identify the authority that issued the HIN; and (c) identify the boat code agent who fixed the HIN plate to the vessel; and (d) identify the year in which the HIN plate was fixed; HIN plate means a plate issued by the CE on which part of a HIN is inscribed at the time of issue. (2) For the purposes of this Subdivision— (a) a reference to fixing a HIN plate to a vessel includes a reference to the forming of the letters and numbers comprising a HIN into the fabric of the hull of a vessel in the course of manufacturing it; and (b) a reference to a HIN plate includes (if the context permits) a reference to a HIN that is not inscribed on a plate but is, or is to be, formed into the fabric of the hull of a vessel. 97—Fixing HIN plates to vessels (1) Only— (a) a boat code agent; or (b) a boat code examiner acting on behalf of the boat code agent by whom they are employed, may fix a HIN plate to a vessel. (2) A person who is not a boat code agent, or a boat code examiner acting on behalf of the boat code agent by whom they are employed, who fixes a HIN plate to a vessel is guilty of an offence. (3) A person, whether a boat code agent or a boat code examiner or not, who fixes anything to a vessel that appears to be a HIN plate, but is not a HIN plate, is guilty of an offence. (4) Two HIN plates must be fixed to the hull of each vessel (or, in the case of a multihulled vessel, to 1 of the hulls of the vessel). (5) One plate must be fixed by the boat code agent— (a) in the case of a vessel that has a transom—on the outside of the starboard side of the transom so that— (i) the top edge of the plate is not more than 50 mm below the top edge of the transom; and (ii) the plate is clearly visible; (b) in the case of a vessel that does not have a transom—on the outside of the starboard side of the vessel's hull as close as reasonably practicable to the stern of the vessel so that— (i) the top edge of the plate is not more than 50 mm below the top of the gunwale; and (ii) the plate is clearly visible. (6) The other HIN plate must be fixed by the boat code agent— (a) in a position on the inside of the vessel's hull that is not likely to be found without searching; and (b) to a part of the hull— (i) that is not likely to be damaged in the normal course of using the vessel; and (ii) that can not be easily removed. (7) HIN plates must be fixed to the hull of a vessel— (a) in a manner that prevents removal of the plate without causing visible damage to the vessel; and (b) in accordance with written directions (if any) of the CE that are in force for the time being. (8) Before fixing a HIN plate to the hull of a vessel the boat code agent must add the letters and numbers to complete the HIN on the plate in accordance with the directions of the CE under regulation 101. (9) A HIN plate must not be fixed to a commercial vessel or a vessel without an engine (however a HIN plate may be fixed to a vessel in the course of manufacturing it if it is designed to be fitted with an engine). (10) A boat code agent must not fix HIN plates to a vessel that is not registered, or temporarily registered, under these regulations. (11) Subregulation (10) does not apply in the following circumstances: (a) a boat code agent who carries on the business of dealing in new or used vessels may fix HIN plates to a vessel supplied to them in the course of carrying on that business despite the fact that the vessel is not registered or temporarily registered; (b) a boat code agent, whether they carry on the business of dealing in new or used vessels or not, may, at the request of a person who does carry on that business, fix HIN plates to a vessel supplied to the dealer in the course of carrying on that business despite the fact that the vessel is not registered or temporarily registered; (c) a boat code agent who manufactures vessels may— (i) fix HIN plates to a vessel; or (ii) form the letters and numbers comprising a HIN into the fabric of the hull of a vessel, in the course of manufacturing it; (d) if a vessel— (i) was previously registered under this Act but is not registered now; and (ii) is still owned by the same person who was last registered as its owner under this Act, a boat code agent may, with the approval of the CE, fix HIN plates to the vessel as though it were registered, or temporarily registered. (12) A boat code agent must not form the letters and numbers comprising a HIN into the fabric of the hull of a vessel after it has been manufactured. (13) A boat code agent must return to the CE HIN plates issued to them by the CE as soon as is reasonably practicable after it becomes certain, or likely, that the boat code agent will not use them for fixing to a vessel. (14) As soon as is reasonably practicable after a boat code agent has formed the letters and numbers comprising a HIN appearing on a HIN plate issued to the agent by the CE into the fabric of the hull of a vessel, the agent must inform the CE in writing of the HIN concerned. 98—Unauthorised removal of a HIN plate A person who removes a HIN plate, or interferes with a HIN plate, without being authorised in writing by the CE to do so is guilty of an offence. 99—Appointment of boat code agents (1) A person may apply to the CE to be appointed as a boat code agent. (2) An application must— (a) be made in a manner and a form determined by the CE; and (b) be accompanied by— (i) such information as the CE may reasonably require; and (3) 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. (4) The CE may only grant an application under this regulation if— (a) in the case of an applicant who is an individual—the applicant is of or over 18 years of age and is, in the opinion of the CE, a fit and proper person to hold a licence; or (b) in the case of an applicant who is a body corporate—each director of the applicant is, in the opinion of the CE, a fit and proper person to hold a licence. (5) The appointment of a boat code agent— (a) is subject to such conditions as the CE thinks fit and specifies when the application is granted; and (b) is for such term as is specified by the CE; and (c) may be revoked by the CE at any time by 7 days written notice served on the agent. (6) A boat code agent must carry out their functions as a boat code agent in accordance with any directions given to the agent in writing from time to time by the CE. 100—Boat code examiners (1) If a boat code agent does not fix HIN plates personally to a vessel, they can only fix HIN plates to a vessel through the agency of another person if that person is an employee of the agent and is approved by the CE as a boat code examiner. (2) An application for approval as a boat code examiner must— (a) be made in a manner and a form determined by the CE; and (b) be accompanied by— (i) such information as the CE may reasonably require; and (3) 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. (4) The CE may grant an application under this regulation if, in the CE's opinion, the applicant is a suitable person to be a boat code examiner. (5) The approval of a boat code examiner— (a) is subject to such conditions as the CE thinks fit and specifies when the application is granted; and (b) is for such term as is specified by the CE; and (c) may be revoked by the CE at any time by 7 days written notice served on the examiner and the boat code agent. 101—Adding letters and numbers to HIN Without limiting regulation 99(6), the CE may give directions to a boat code agent specifying— (a) the letters and numbers and the dimensions of the letters and numbers that must be added by the agent to a HIN plate issued to the agent by the CE to identify— (i) the agent; and (ii) the year in which the HIN plate is fixed; and (b) the manner in which those letters and numbers are to be added to the HIN plate. 102—Forming a HIN into the fabric of a vessel Without limiting regulation 99(6), the CE may give directions to a boat code agent who manufactures vessels and who wishes to form the letters and numbers comprising a HIN into the fabric of the hull of a vessel, specifying— (a) the dimensions of the letters and numbers; and (b) the manner in which they are to be formed into the fabric of the hull of the vessel. 103—Interim boat code certificate (1) Within 5 business days after fixing HIN plates to a vessel, the boat code agent must— (a) complete an interim boat code certificate in relation to those plates; and (b) give the certificate to the CE. (2) An interim boat code certificate must be in a form approved by the CE and must include the following information: (a) the HIN to which the certificate relates including the letters and numbers added by the agent; (b) a short description of the vessel to which the HIN plates have been fixed including— (i) the name of the person who manufactured the vessel; and (ii) the class to which it belongs; and (iii) its length; and (iv) the material of which it is primarily constructed; and (v) the vessel's primary method of propulsion; and (vi) if the vessel is registered or temporarily registered—the registration number; (c) the position in the vessel in which the HIN plate that is hidden has been fixed; (d) any other information required by the CE. 104—Boat code certificate (1) After receiving an interim boat code certificate from a boat code agent the CE must issue a boat code certificate to the owner of the vessel. (2) The boat code certificate must include the information included in the interim boat code certificate, and may include any other information the CE thinks fit. 105—Register of HINs and vessels (1) The CE must maintain a register of HINs and the vessels to which HIN plates are fixed. (2) The register must record the following information: (a) all HIN plates issued by the CE and the date on which each plate was issued and the name of the boat code agent to whom each plate was issued; (b) a short description of the vessel to which each HIN plate has been fixed including— (i) the name of the person who manufactured the vessel; and (ii) the class to which it belongs; and (iii) its length; and (iv) the material of which it is primarily constructed; and (v) the vessel's primary method of propulsion; and (vi) if the vessel is registered, or temporarily registered—the registration number; (c) the individual plates (identified by the HIN on them) which have been fixed to each vessel; (d) the position in each vessel in which the HIN plate that is hidden has been fixed; (e) the name and address of the person in whose name the vessel is for the time being registered or temporarily registered. (3) The CE may maintain the register as a separate register or may combine it with the register of vessels.