308Service

308 Service (1) If under this Act, the regulations, or regulations made under the **Port Management Act 1995**, a notice, summons or other document is required or permitted to be served on a person, it may be served, in or out of the State— (a) by leaving it on board a vessel in a secure manner, having regard to the circumstances, in a conspicuous position near the controls of the vessel; or (b) by leaving it with a member of the crew of the vessel. (2) If under this Act, the regulations, or regulations made under the **Port Management Act 1995**, a notice, summons or other document is required to be served on a person in respect of a recreational vessel, it may be served by posting it, addressed to the person, to the registered address, or the residential address of the owner of the vessel. (3) If under this Act, the regulations, or regulations made under the **Port Management Act 1995**, a notice, summons or other document is required or permitted to be served on the owner or master of a vessel, it may be served by serving it on the agent for the vessel or on the agent for the owner or operator of the vessel. Part 8.10—Regulations Division 1—General regulation-making powers 309 General regulation-making powers S. 309(1) amended by No. 29/2011 s. 3(Sch. 1 item 57.8). (1) The Governor in Council may make regulations for or with respect to— (a) the matters and things specified in Schedule 2; S. 309(1)(b) amended by No. 78/2011 s. 30(1). (b) prescribing the application and renewal process for granting, issuing or transferring a permission; S. 309(1)(c) amended by No. 78/2011 s. 30(2). (c) prescribing the requirements to be complied with for the purposes of granting, issuing or transferring a permission; (d) prescribing conditions, including the process for varying conditions, of a permission; (e) prescribing information to be provided as part of the process for applying or renewing a permission; S. 309(1)(f) amended by No. 55/2017 s. 30. (f) prescribing examination requirements (including for the purposes of determining the medical fitness of a person or the person's competency) that must be undertaken for the purposes of granting, issuing or maintaining a permission; (g) prescribing grounds for suspension or cancellation of a permission; (h) prescribing the information to be included in a permission that is granted or issued; (i) providing for the issue of duplicate or replacement copies of a record of a permission; S. 309(1)(j) amended by No. 78/2011 s. 30(3). (j) providing for the prohibition or regulation of recreational vessels, government vessels and hire and drive vessels in State waters based on the subject matter of the Prevention of Collisions Convention within the meaning of Division 5 of Part 3.5; (k) any waters in respect of which a person has been engaged as a harbour master, including regulations as to the entry, departure or movement of any vessels in such waters or any of the following matters— (i) the entering or leaving of those waters by any vessels; (ii) the movement and navigation of any vessels in those waters; (iii) the securing and anchorage of any vessels in those waters; (iv) the taking into any vessel or discharging from any vessel of cargo, stores, fuel, fresh water or water ballast in those waters; (v) the removing of any vessels in those waters; (vi) any other thing for or with respect to the management of the operation of any vessels in those waters; (l) prescribing the application and renewal process for an accreditation to provide a prescribed kind of service and any conditions of that accreditation; S. 309(1)(la) inserted by No. 78/2011 s. 30(4). (la) services that may be prescribed for the purposes of Division 3 of Part 8.1; S. 309(1)(m) amended by No. 34/2023 s. 127(Sch. 1 item 7.175). (m) requiring notice of, reports and information about, prescribed activities, matters or things to be given to Safe Transport Victoria or a transport safety officer; S. 309(1)(n) amended by No. 34/2023 s. 127(Sch. 1 item 7.175). (n) the content, manner and form of a notice, reports and information referred to in paragraph (m) to be given to Safe Transport Victoria or a transport safety officer; (o) prescribing forms; (p) fees for the purposes of this Act and the refund and waiver of such fees; (q) prescribing offences to be owner onus offences for the purposes of Part 4.7; (r) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (3) The regulations may— (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and (c) require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; or (iii) as specified in both subparagraphs (i) and (ii); and (d) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) wholly or partially or as amended by the regulations; or (ii) formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (e) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and (f) provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (g) impose a penalty not exceeding 20 penalty units for a contravention of the regulations. S. 309(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.175). (4) If under subsection (3)(d)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until Safe Transport Victoria causes notice to be published in the Government Gazette of that amendment the document, code, standard, rule, specification or method is to be taken to have not been so amended. S. 309(5) repealed by No. 36/2013 s. 75. Division 2—Fees, rates and charges