S. 3(1) def. of accompany-ing operator offence inserted by No. 23/2001 s. 17.
accompanying operator offence means an offence under section 28(1) which is committed by a person who is taken to be in charge of a vessel by reason of the operation of section 27(1AAA);
S. 3(1) def. of approved health professional inserted by No. 14/2000 s. 27(1), amended by Nos 97/2005 s. 182(Sch. 4 item 34(a)), 13/2010 s. 51(Sch. item 35.1), 25/2025 s. 61.
approved health professional means—
(a) a person registered under the Health Practitioner Regulation National Law—
(i) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii) in the registered nurses division of that profession; or
(b) a person approved under subsection (4) to take a blood sample for the purposes of Part 4; or
(c) a person or a member of a class of person prescribed by the regulations;
S. 3(1) def. of Australian Builders Plate Standard inserted by No. 17/2009 s. 3(1), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of Australian fishing vessel repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)), new def. of Australian fishing vessel inserted by 66/2012 s. 3(3), repealed by No. 36/2013 s. 84(1)(a).
S. 3(1) def. of Board repealed by No. 77/2001 s. 3(a).
S. 3(1) def. of breath analysing instrument inserted by No. 17/1994 s. 15.
breath analysing instrument has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of certificate of competency inserted by No. 9/2004 s. 3(1)(a), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)), new def. of certificate of competency inserted by 66/2012 s. 3(3), substituted by No. 36/2013 s. 84(1)(b).
certificate of competency has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;
S. 3(1) def. of certificate of survey inserted by No. 9/2004 s. 3(1)(a), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of channel operator inserted by No. 82/1995 s. 153(1), amended by No. 45/2010 s. 44(a).
channel operator has the same meaning as in the Port Management Act 1995;
S. 3(1) def. of Chief Executive Officer of the Victorian Institute of Forensic Medicine inserted by No. 34/2024 s. 54(2).
Chief Executive Officer of the Victorian Institute of Forensic Medicine means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024;
S. 3(1) def. of coastal waters repealed by No. 77/2001 s. 22(a).
S. 3(1) def. of commercial marine operations inserted by No. 17/2009 s. 5, repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of commercial vessel inserted by No. 66/2012 s. 3(3), repealed by No. 36/2013 s. 84(1)(a).
corresponding law means a law that is declared under subsection (3)(a) to be a corresponding law;
S. 3(1) def. of dentist inserted by No. 66/2012 s. 3(3).
dentist means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the dental profession (other than as a student); and
(b) in the dentists division of that profession;
S. 3(1) def. of Department inserted by No. 78/2011 s. 44(a), amended by Nos 70/2013 s. 4(Sch. 2 item 29), 25/2025 s. 106(Sch. 1 item 25).
Department means the Department of Transport and Planning;
S. 3(1) def. of Director inserted by No. 77/2001 s. 3(b), substituted by No. 6/2010 s. 201(1)
(Sch. 5 item 1(a)) (as amended by No. 45/2010 s. 20), repealed by No. 34/2023 s. 127(Sch. 1 item 6.2(a)).
S. 3(1) def. of Director of the Victorian Institute of Forensic Medicine inserted by No. 14/2000 s. 27(1), amended by No. 65/2010 s. 377(1)(b), repealed by No. 34/2024 s. 54(1).
S. 3(1) def. of domestic commercial vessel inserted by No. 36/2013 s. 84(1)(c).
domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;
S. 3(1) def. of drug inserted by No. 66/2012 s. 3(3).
drug has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of fishing vessel repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)), new def. of fishing vessel inserted by 66/2012 s. 3(3), repealed by No. 36/2013 s. 84(1)(a).
S. 3(1) def. of government vessel repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)), new def. of government vessel inserted by No. 66/2012 s. 3(3), repealed by No. 36/2013 s. 84(1)(a).
S. 3(1) def. of harbour master inserted by No. 82/1995 s. 153(1), substituted by No. 9/2004 s. 3(1)(b), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of harbour master licence inserted by No. 9/2004 s. 3(1)(a), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of hire and drive vessel substituted by No. 36/2013 s. 84(1)(d).
hire and drive vessel has the same meaning as in the Marine Safety Act 2010;
S. 3(1) def. of licensed harbour master inserted by No. 82/1995 s. 153(1), amended by No. 77/2001 s. 31(1)(a), substituted by No. 9/2004 s. 3(1)(c), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of local authority amended by Nos 77/2001 s. 16(1)(a)(b), 85/2003 s. 34(1)(a), 45/2010 s. 44(b), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of local port inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(c).
local port has the same meaning as in the Port Management Act 1995;
S. 3(1) def. of local port manager inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(d).
local port manager means, in relation to a local port, the person or body appointed under section 44A of the Port Management Act 1995 as the port manager of that port;
S. 3(1) def. of mandatory marine safety decision inserted by No. 6/2010 s. 201(1)
(Sch. 5 item 1(b)) (as amended by No. 45/2010 s. 20), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of marine incident inserted by No. 65/2010 s. 377(1)(e) (as amended by No. 78/2011 s. 35(2)).
marine incident has the same meaning as it has in the Marine Safety Act 2010;
S. 3(1) def. of marine infringement substituted by No. 77/2001 s. 22(b), amended by Nos 9/2004 s. 3(1)(d)(i)(ii), 45/2010 s. 44(e), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of marine licence inserted by No. 65/2010 s. 377(1)(e) (as amended by No. 78/2011 s. 35(2)).
marine licence has the same meaning as it has in the Marine Safety Act 2010;
master, in relation to a vessel, means a person (other than a person who is acting as the pilot of that vessel) having command or charge of the vessel;
S. 3(1) def. of member of the police force inserted by No. 9/2004 s. 3(1)(a), repealed by No. 37/2014 s. 10(Sch. item 106.1(b)).
S. 3(1) def. of National Regulator inserted by No. 36/2013 s. 84(1)(c).
National Regulator means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law;
S. 3(1) def. of navigation aid inserted by No. 82/1995 s. 153(1), substituted by No. 77/2001 s. 22(c), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of operator licence inserted by No. 93/2000 s. 3(a), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
owner, in relation to a vessel, includes the charterer and any person having possession of the vessel;
S. 3(1) def. of permissible non-prescription drug inserted by No. 66/2012 s. 3(3).
permissible non-prescription drug has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of pharmacist inserted by No. 66/2012 s. 3(3).
pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
S. 3(1) def. of pilot amended by No. 9/2004 s. 3(1)(e), substituted by No. 66/2012 s. 3(1).
pilot has the same meaning as in the Marine Safety Act 2010;
S. 3(1) def. of pilotage services inserted by No. 28/1999 s. 4,
repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of pilotage services provider inserted by No. 28/1999 s. 4, amended by Nos 77/2001 s. 31(1)(a), 34/2023 s. 127(Sch. 1 item 6.2(b)).
pilotage services provider means a person registered by Safe Transport Victoria under Part 3B to provide pilotage services;
S. 3(1) def. of pilot exempt master repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 106.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of port inserted by No. 82/1995 s. 153(1).
port includes any of the following waters, or any part of those waters—
(a) any harbour or haven, whether natural or artificial;
(b) any estuary, channel, river, creek or roadstead;
(c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers;
S. 3(1) def. of Port Authority repealed by No. 82/1995 s. 153(2).
S. 3(1) def. of port corporation inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(f), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of port management body inserted by No. 9/2004 s. 3(1)(a), amended by Nos 45/2010 s. 44(g)(h), 38/2011 s. 36, 10/2016 ss 167, 179(Sch. 1 item 5.1(b)), 19/2022 s. 93(a).
port management body means—
(a) in relation to the port of Melbourne, Ports Victoria when it is performing functions and exercising powers in the port of Melbourne;
(b) in relation to—
(i) the waters declared under section 5 of the Port Management Act 1995 to be the port of Geelong, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator; and
(ii) the waters declared under section 5 of the Port Management Act 1995 to be the port of Portland, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator; and
(iii) port of Hastings waters, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;
S. 3(1) def. of port of Melbourne inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(i).
port of Melbourne has the same meaning as in the Port Management Act 1995;
S. 3(1) def. of Port of Melbourne Corporation inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(j), repealed by No. 10/2016 s. 179(Sch. 5 item 5.1(c)).
S. 3(1) def. of port of Melbourne waters inserted by No. 9/2004 s. 3(1)(a), amended by No. 45/2010 s. 44(k), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of port waters inserted by No. 82/1995 s. 153(1), amended by No. 45/2010 s. 44(l).
port waters has the same meaning as in the Port Management Act 1995;
S. 3(1) def. of Ports Victoria inserted by No. 19/2022 s. 93(c).
Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
S. 3(1) def. of prescribed concentration of alcohol substituted by No. 93/2000 s. 3(b) (as amended by No. 23/2001 s. 23), amended by Nos 90/2001 s. 3(1)(a), 94/2003 s. 34(1)(a)(b), 66/2012 s. 3(2), 36/2013 s. 84(1)(e), 35/2019 s. 9.
prescribed concentration of alcohol means—
(a) in the case of a person who is operating a vessel underway, or is the master of a vessel underway or at anchor, any concentration of alcohol present in the blood or breath of that person, if either or both of the following apply—
(i) the person is under the age of 21 years;
(ii) the vessel is a domestic commercial vessel; and
(ab) in the case of a person who is a pilot of a vessel underway or at anchor, any concentration of alcohol present in the blood or breath of that person; and
(b) in the case of any other person—
(i) a concentration of alcohol present in the blood of that person of 0⋅05 grams per 100 millilitres of blood; or
(ii) a concentration of alcohol present in the breath of that person of 0⋅05 grams per 210 litres of exhaled air;
S. 3(1) def. of prescribed concentration of drugs inserted by No. 66/2012 s. 3(3).
prescribed concentration of drugs has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of prescribed illicit drug inserted by No. 66/2012 s. 3(3).
prescribed illicit drug has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of prescription drug inserted by No. 66/2012 s. 3(3).
prescription drug has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of recreational vessel substituted by No. 36/2013 s. 84(1)(f).
recreational vessel has the same meaning as in the Marine Safety Act 2010;
S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 34.1), amended by No. 97/2005 s. 182(Sch. 4 item 34(b)), substituted by No. 13/2010 s. 51(Sch. item 35.2).
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of registered recreational vessel inserted by No. 65/2010 s. 377(1)(e) (as amended by No. 78/2011 s. 35(2)).
registered recreational vessel has the same meaning as it has in the Marine Safety Act 2010;
S. 3(1) def. of regulated hire and drive vessel inserted by No. 90/2001 s. 3(1)(b), substituted by No. 65/2010 s. 377(1)(c).
regulated hire and drive vessel has the same meaning as it has in the Marine Safety Act 2010;
S. 3(1) def. of regulated recreational vessel inserted by No. 93/2000 s. 3(a), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of relevant marine safety law inserted by No. 17/2009 s. 5, amended by Nos 6/2010 s. 201(1)
(Sch. 5 item 1(c)) (as amended by No. 45/2010 s. 20), 45/2010 s. 44(m), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 6.2(c)).
Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
S. 3(1) def. of Secretary inserted by No. 78/2011 s. 44(a).
Secretary means the Secretary to the Department;
S. 3(1) def. of speed repealed by No. 77/2001 s. 22(a).
State waters means—
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State;
S. 3(1) def. of trading vessel repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)), new def. of trading vessel inserted by No. 66/2012 s. 3(3), repealed by No. 36/2013 s. 84(1)(a).
S. 3(1) def. of transport safety infringement inserted by No. 65/2010 s. 377(1)(e) (as amended by No. 78/2011 s. 35(2)).
transport safety infringement has the same meaning as it has in section 228S of the Transport (Compliance and Miscellaneous) Act 1983;
S. 3(1) def. of Uniform Shipping Laws Code substituted by No. 77/2001 s. 22(d), repealed by No. 65/2010 s. 377(1)(a) (as amended by No. 78/2011 s. 35(1)).
S. 3(1) def. of vessel amended by No. 9/2004 s. 3(1)(f)(i)(ii), substituted by No. 78/2011 s. 44(b).
vessel has the same meaning as it has in the Marine Safety Act 2010;
S. 3(1) def. of Victorian Marine Pollution Contingency Plan inserted by No. 82/1995 s. 153(1), amended by Nos 77/2001 s. 18(a)(b), 73/2013 s. 96, 36/2018 s. 38(1), 35/2019 s. 10.
Victorian Marine Pollution Contingency Plan means the plan (as in force from time to time) established under arrangements developed by Commonwealth, State and Territory Ministers in connection with the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances and in accordance with the state emergency management plan prepared under Part 6A of the Emergency Management Act 2013;
S. 3(1) def. of Victorian Ports Corporation (Melbourne) inserted by No. 10/2016 s. 179(Sch. 1 item 5.1(a)), repealed by No. 19/2022 s. 93(b).
S. 3(1) def. of Victorian Channels Authority inserted by No. 82/1995 s. 153(1), substituted as Victorian Regional Channels Authority by No. 85/2003 s. 34(2)(a), substituted by No. 45/2010 s. 44(n), repealed by No. 19/2022 s. 93(b).
S. 3(1) def. of waterway manager inserted by No. 9/2004 s. 3(1)(a), substituted by No. 65/2010 s. 377(1)(d).
waterway manager has the same meaning as it has in the Marine Safety Act 2010.
S. 3(2) substituted by No. 90/2001 s. 3(2), repealed by No. 65/2010 s. 377(2).
(3) The Minister may, by Order published in the Government Gazette—
(a) declare a law of the Commonwealth or another State or a Territory of the Commonwealth which creates an offence substantially similar to any one of the offences created by section 28 to be a corresponding law; or
S. 3(3)(b) substituted by No. 9/2004 s. 3(2), repealed by No. 65/2010 s. 377(2).
S. 3(3)(c) repealed by No. 36/2013 s. 84(2).
S. 3(3A) inserted by No. 9/2004 s. 3(3), amended by No. 30/2010 s. 90,
repealed by No. 65/2010 s. 377(2).
S. 3(4) inserted by No. 14/2000 s. 27(2), amended by No. 34/2024 s. 54(3).
(4) The Chief Executive Officer of the Victorian Institute of Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 4 if the Chief Executive Officer is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.
S. 3(5) inserted by No. 93/2009 s. 3, repealed by No. 3/2025 s. 3(Sch. 1 item 5.1).
S. 3(6) inserted by No. 65/2010 s. 375(2).
(6) On and from the commencement of section 375 of the Marine Safety Act 2010, a reference to the Marine Act 1988 in any Act (other than in the Marine Safety Act 2010) or in any other instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the Marine (Drug, Alcohol and Pollution Control) Act 1988, unless the context otherwise requires.
S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 6) (as amended by No. 45/2010 s. 5).