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Marine Safety Act 2010
229Authorisation to act as assistant harbour master
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229 Authorisation to act as assistant harbour master
S. 229(1) amended by Nos 38/2011 s. 41(1), 10/2016 s. 179(Sch. 1 item 4.3), 19/2022 s. 75.
(1) Ports Victoria may, having first—
S. 229(1)(a) amended by No. 38/2011 s. 41(1).
(a) consulted the harbour master engaged for the port of Melbourne waters; and
S. 229(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.108).
(b) obtained the approval in writing of Safe Transport Victoria—
authorise, in writing, a person to act as an assistant harbour master for the port of Melbourne waters.
(2) The person or body who has engaged a harbour master for the waters that have been declared under section 5 of the **Port Management Act 1995** to be part of the—
S. 229(2)(aa) inserted by No. 38/2011 s. 41(2).
(aa) port of Hastings; or
(a) port of Geelong; or
(b) port of Portland—
may, having first—
(c) consulted the harbour master engaged by that body; and
S. 229(2)(d) amended by No. 34/2023 s. 127(Sch. 1 item 7.108).
(d) obtained the approval in writing of Safe Transport Victoria—
authorise, in writing, a person to act as an assistant harbour master for the waters that have been so declared to be part of the port.
(3) A local port manager may authorise, in writing, a person to act as an assistant harbour master for any waters under the control of the manager in respect of which the manager has engaged a harbour master, if the manager has first—
(a) consulted the harbour master so engaged; and
S. 229(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.108).
(b) obtained the approval in writing of Safe Transport Victoria.
(4) A waterway manager may authorise, in writing, a person to act as an assistant harbour master for any waters under the control of the manager in respect of which the manager has engaged a harbour master, if the manager has first—
(a) consulted the harbour master so engaged; and
S. 229(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.108).
(b) obtained the approval in writing of Safe Transport Victoria.
(5) An authorisation under this section may be general or may be limited to the exercise of the functions and powers that are specified in the authorisation.
(6) A person authorised to act as a harbour master under this section has all the functions and may exercise all the powers that are specified in his or her instrument of authorisation and, when carrying out any such function or exercising any such power, the person acts as the harbour master.
(7) The authorisation of a person under this section to carry out a function or exercise a power does not prevent the harbour master from carrying out that function or exercising that power.
Part 6.4—Functions and powers of harbour masters