102Offence to supply vessel which does not comply with Australian Builders Plate Standard

102 Offence to supply vessel which does not comply with Australian Builders Plate Standard (1) A person must not in trade or commerce supply a recreational vessel of a prescribed class that does not comply with the Australian Builders Plate Standard that applies (with or without modification by the regulations) to a vessel of that kind. 1. In the case of a natural person, 240 penalty units; In the case of a body corporate, 600 penalty units. (2) In this section— ***trade or commerce*** includes any business or professional activity whether or not carried on for profit. Chapter 4—Enforcement Part 4.1—Interpretation 103 Definitions (1) In this Chapter— ***appeal period***, in relation to a conviction or an impoundment or immobilisation order or a forfeiture order, means the period ending— (a) if the period provided for the lodging of an appeal against the conviction or order has ended without such an appeal having been lodged, at the end of that period; or (b) if an appeal against the conviction or order has been lodged, when the appeal is abandoned or finally determined; S. 103(1) def. of *authorised person* amended by No. 37/2014 s. 10(Sch. item 107.3(a)). ***authorised person*** means a person authorised by a police officer under section 109; ***conviction***, in relation to a relevant offence, includes a finding of guilt of the relevant offence without the recording of a conviction; ***designated costs*** means the cost of impounding or immobilising a recreational vessel under Part 4.2 including, where relevant, the cost of— (a) moving the recreational vessel to a holding yard or place where the recreational vessel is to be immobilised; and (b) storing the recreational vessel at the holding yard or place where the recreational vessel is immobilised; and (c) releasing the recreational vessel from the holding yard or from immobilisation— and includes any additional costs incurred if the recreational vessel is impounded or immobilised for longer than the designated period or the period specified under an impoundment or immobilisation order; ***designated period***, in relation to a recreational vessel, means the period of 48 hours beginning with the seizure or surrender of the recreational vessel under section 106 or 107, but if the period expires outside of normal business hours, the period extends to 9.00 a.m. on the next business day, being a day other than a Saturday, a Sunday or a public holiday appointed under the **Public Holidays Act 1993**; ***disposal order*** means an order made by a court under section 150; ***embargo notice*** means a notice under section 154; ***forfeiture order*** means an order made by a court under section 119; ***holding yard*** means a place used for the storage of recreational vessels impounded under Part 4.2; ***impoundment or immobilisation order*** means an order made by a court under section 118; ***landing place*** includes the following— (a) an intersection between land and water at which it is reasonably safe to land a vessel; (b) a place intended for the landing or berthing of vessels, including, but not limited to, a wharf, boat ramp, marina, pier or jetty; S. 103(1) def. of *member of police personnel* substituted as *member of Victoria Police personnel* by No. 37/2014 s. 10(Sch. item 107.3(b)). ***member of Victoria Police personnel*** has the same meaning as in the **Victoria Police Act 2013**; ***prohibition direction*** means a direction to a person under section 155; ***public place*** includes, but is not limited to— (a) any public place within the meaning of ***public place*** in the **Summary Offences Act 1966**; (b) State waters; ***relevant court***, in relation to an application made under Part 4.2, means— (a) the court with jurisdiction to hear and determine the relevant offence to which the application relates; (b) if an application is made after the sentencing of the master for a relevant offence, the Magistrates' Court; S. 103(1) def. of *relevant offence* substituted by No. 78/2011 s. 22. ***relevant offence*** means— (a) an offence against section 87(1); (b) an offence against section 58(1), 77A(1), 81(2) or 81(6) of the **Wildlife Act 1975**; (c) an offence against regulation 7(1), 7(3), 7(4), 7(5), 7(6), 7(7), 9(1), 9(2), 9(3), 9(4), 9(5) or 14(1) of the Wildlife (Marine Mammals) Regulations 2009; ***safe landing place*** means a landing place at which it is safe to immobilise the relevant vessel for the balance of the designated period, taking into account the weather conditions and facilities available during the designated period; ***search and seizure warrant*** means a warrant issued under section 135(1); S. 103(1) def. of *senior police officer* substituted by No. 37/2014 s. 10(Sch. item 107.3(c)). ***senior police officer*** means a police officer of or above the rank of Inspector. (2) For the purposes of an application for an impoundment or immobilisation order or a forfeiture order under Part 4.2, charges for more than one relevant offence arising out of the same single set of circumstances are to be treated as a charge for one relevant offence. (3) For the purposes of subsection (2), a single set of circumstances is constituted by one continuous period during which a person continues to operate or be the master of a recreational vessel. Part 4.2—Impoundment, immobilisation and forfeiture of recreational vessels Division 1—Part does not affect other penalties 104 Part does not affect other penalties The impoundment, immobilisation or forfeiture of a vessel under this Part arising out of the commission of a relevant offence is in addition to, and does not limit or otherwise affect, any penalty that may be imposed on the person for the relevant offence other than under this Part. Division 2—Impoundment and immobilisation of recreational vessels