219Safe Transport Victoria may develop code of practice for waterway management

219 Safe Transport Victoria may develop code of practice for waterway management S. 219(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.97). (1) For the purpose of providing practical guidance to waterway managers as to how to manage the waters under their control, Safe Transport Victoria may develop a code of practice. (2) A code of practice— (a) may consist of any code, standard, rule, specification or provision relating to any aspect of marine safety infrastructure operations or vessel operations; and (b) may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time. Pt 5.5 Div. 2 (Heading) substituted by No. 25/2025 s. 48. Pt 5.5 Div. 2 (Heading and ss 219A–219G) inserted by No. 55/2017 s. 22. Division 2—Abandoned things and unattended things S. 219AA inserted by No. 25/2025 s. 49. 219AA Abandoned things (1) For the purposes of this Division, a waterway manager may determine that a thing (including a vessel or other item) is an abandoned thing if the thing has been left in waters under the control of the waterway manager for more than one month and— (a) the waterway manager cannot establish both the identity and location of the owner of the thing despite making all reasonable enquiries; or (b) the waterway manager has identified the owner and— (i) reasonably believes that the owner of the thing will not move the thing; or (ii) has served written notice on the owner of the thing stating that the thing must be moved before a date specified in the notice (being a date not less than 14 days after the day on which the notice is served on the owner), and the thing has not been moved by that date. (2) A notice under subsection (1)(b)(ii) may be served on an owner in or outside Victoria— (a) personally or by sending it by post addressed to the owner at the usual or last known place of residence or business of that owner; or (b) by sending it to a fax number or email address or by any other form of electronic communication nominated by the owner; or (c) by sending it to the owner at an authorised address within the meaning of section 163A of the **Infringements Act 2006**. (3) A notice under subsection (1)(b)(ii) served in accordance with subsection (2)(c) and returned undelivered to its sender is taken to have been served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered. (4) Subsection (3) has effect despite anything to the contrary in section 49(1) of the **Interpretation of Legislation Act 1984**. S. 219A inserted by No. 55/2017 s. 22, substituted by No. 25/2025 s. 50.