50Offence to be the master of a prescribed type of regulated hire and drive vessel without licence endorsement 65

50 Offence to be the master of a prescribed type of regulated hire and drive vessel without licence endorsement 65 51 Offence to be the master of a regulated hire and drive vessel undertaking prescribed activity without licence endorsement 65 52 Offence to allow a non-licensed person to be the master of a registered recreational vessel 66 Division 3—General licensing provisions 66 53 General marine licence 66 54 Restricted marine licence 67 55 Licence endorsement 69 56 Safe Transport Victoria may require a person to undergo testing 70 Division 4—Exemptions from requirement to hold marine licence 72 57 Exemptions applying to licences issued outside Victoria 72 58 Exemption from licensing requirements for masters of non‑engined vessels 74 Division 5—Other licensing offences 74 59 Offence for overseas or interstate operator to fail to comply with the conditions of the licence or certificate 74 60 Offence to be master of a registered recreational vessel while disqualified etc. 74 61 Offence not to have marine licence in person's possession 75 Part 3.4—Local knowledge certificates 76 Division 2—Local knowledge certificates 76 80 Offence to navigate vessel without local knowledge certificate in waters requiring certificate 76 81 Declaration in relation to waters requiring local knowledge certificates for navigation in those waters 76 82 Application for local knowledge certificates 77 83 Issue of local knowledge certificate 78 84 Renewal of local knowledge certificate 78 Part 3.5—Vessel operational requirements 80 Division 1—Unsafe vessels 80 85 Detention of unsafe vessels 80 Division 2—Dangerous operation and acts 82 87 Dangerous operation of a recreational vessel or hire and drive vessel 82 88 Acts tending to endanger vessel or crew 84 Division 3—Other operational requirements 84 89 Tampering with a vessel 84 90 Distress signals 84 91 Assistance to people in distress 85 92 Offence to fail to comply with direction of Safe Transport Victoria regarding removal of vessel 86 Division 4—Reporting of incidents 86 93 Reporting requirements in relation to reportable incidents 86 94 Reporting of reportable incidents to Safe Transport Victoria 89 Division 5—Compliance with international conventions 89 Subdivision 1—Interpretation 89 95 Definitions 89 Subdivision 2—Prevention of Collisions Convention 89 96 Regulations giving effect to Prevention of Collisions Convention 89 Subdivision 3—Safety Convention 90 97 Regulations giving effect to Safety Convention 90 Subdivision 4—General 91 98 Regulations under this Division 91 99 Authority of Governor in Council to make regulations in relation to powers under Conventions 92 100 Safe Transport Victoria may allow other fitting, material etc. 92 Part 3.6—Miscellaneous matters 94 101 Person not to be found guilty as owner and master in respect of same circumstances 94 102 Offence to supply vessel which does not comply with Australian Builders Plate Standard 94 Chapter 4—Enforcement 95 Part 4.1—Interpretation 95 103 Definitions 95 Part 4.2—Impoundment, immobilisation and forfeiture of recreational vessels 99 Division 1—Part does not affect other penalties 99 104 Part does not affect other penalties 99 Division 2—Impoundment and immobilisation of recreational vessels 99 105 Powers of police 99 106 Seizure of recreational vessel 100 107 Surrender of recreational vessel 101 108 Impoundment or immobilisation of a recreational vessel 103 109 Authorised persons 104 110 Notice to master, owner or registered person 106 111 Content of notice 106 112 Review by a senior police officer 108 113 Release of recreational vessel by Victoria Police 108 114 Appeal rights 110 115 Offences 110 116 Recovery of recreational vessel 111 117 Crown to pay costs if master found not guilty or charges not proceeded with 112 Division 3—Impoundment, immobilisation or forfeiture of recreational vessels by court order 113 118 Impoundment or immobilisation order 113 119 Forfeiture order 114 120 Application for an impoundment or immobilisation order or a forfeiture order 115 121 Notice of application 115 122 Interest in recreational vessel not to be transferred 117 123 Notice in case of 2 or more charges 117 124 Direction not to transfer registration or register recreational vessel 120 125 Safe Transport Victoria not to transfer registration or register recreational vessel 122 126 Cessation of direction under this Act does not affect any suspension 123 127 Hearing of application 123 128 Application for variation of order 124 129 When order takes effect 125 130 Police powers 126 131 Liability for costs of impoundment or immobilisation 127 132 Ownership rights 127 133 Third party protection from forfeiture order 127 Division 4—Search and seizure warrants 129 134 Application for search and seizure warrant 129 135 Search and seizure warrant 131 136 Record of proceedings for search and seizure warrant 132 137 Announcement before entry 132 138 Copy of search and seizure warrant to be given to occupier 132 139 Use of assistants to execute search and seizure warrant 133 140 Application of Magistrates' Court Act 1989 133 141 Expiry of search and seizure warrant 133 142 Report on execution of search and seizure warrant 133 143 Obstruction or hindrance of person executing search and seizure warrant 134 Division 5—Disposal of recreational vessels 135 144 Sale or disposal of uncollected recreational vessels and items 135 145 Sale or disposal of recreational vessel subject to forfeiture order 136 146 Application of proceeds of sale 137 147 Disposal of recreational vessel, item or thing subject to disposal order 138 148 Notice to be given of intention to apply for disposal order 138 149 Application for disposal order 140 150 Hearing of application for and making of disposal order 140 151 Application of proceeds of sale 141 Division 6—Miscellaneous 141 152 Service of notices under this Part 141 Part 4.3—Prohibition of use of recreational vessels and hire and drive vessels 143 Division 1—Part does not affect other penalties 143 153 Part does not affect other penalties 143 Division 2—Embargo notices and prohibition directions 143 154 Power to issue embargo notices 143 155 Police power to prohibit operation of vessels 145 Part 4.5—General enforcement powers 147 159 Powers of entry in relation to lights 147 160 Arrest without warrant 147 161 Police power to move vessel or require vessel to be moved 148 162 Master of a vessel must obey directions etc. 148 162A Police power to inspect vessels 149 162B Police powers to enter vessels without consent or warrant 150 162C Police may direct someone to provide certain information concerning owner or master of a vessel 151 Part 4.6—Disciplinary action 152 Division 1—Interpretation 152 163 Definitions 152 Division 2—Disciplinary action by Safe Transport Victoria 152 164 When Safe Transport Victoria must take disciplinary action against a person holding a permission 152 165 When Safe Transport Victoria may take disciplinary action against person holding a permission 153 166 Disciplinary actions that may be taken by Safe Transport Victoria against a person holding a permission 155 167 Procedure for taking disciplinary action against a person holding a permission 157 168 Suspension of permission 158 169 Effect of suspension of permission 159 170 Return of permission record 160 Division 3—Court based sanctions 160 171 Power of court to cancel or suspend marine licences 160 171A Safe Transport Victoria must notify Ports Victoria of cancellation or suspension of pilotage services provider registration 162 172 Effect of suspension of licence 163 173 Adverse publicity order 163 Part 4.6A—Inactive pilot licences 165 173A Suspension and cancellation of inactive pilot licences 165 173B Procedure for suspension and cancellation of inactive pilot licences 165 173C Effect of suspension of pilot licence 166 173D Return of pilot licence 166 Part 4.7—Owner onus 168 174 Purpose of Part 168 175 Definitions 168 176 Owner onus offences 171 177 Effect of payment of penalty etc. 172 178 Use of effective statement to avoid liability 172 179 Cancellation of acceptance of statement 175 180 Proceedings against nominated persons 176 181 Defences to owner onus offences 177 182 Offence to provide false or misleading information 178 Chapter 5—Management of waters 179 Part 5.1—Waterway rules 179 Division 1—Interpretation 179 183 Definitions 179 Division 2—Safe Transport Victoria's power to make waterway rules 180 184 Making of waterway rules 180 185 Safe Transport Victoria may make a rule that is consequential to a rule request 182 187 Matters that must be considered in making a rule 182 188 Reasons must be given for making or not making a rule 183 189 Operation and commencement of a waterway rule 183 190 Rules to be published on Safe Transport Victoria's Internet site 184 191 Safe Transport Victoria must assess appropriateness of urgent safety rule 184 192 Consultation for the purpose of assessing appropriateness of urgent safety rule 186 Division 3—Procedure in relation to request for making of waterway rules 187 193 Initial consideration and advice by Safe Transport Victoria in relation to certain requests 187 194 Requests for waterway rules 189 195 Consultation by Safe Transport Victoria on proposed rules 191 196 Port management bodies, local port managers and waterway manager must consult before requesting rule 192 Division 4—Compliance with waterway rules 194 197 Offence not to comply with waterway rules 194 198 Offences of waterway rule contraventions relating to vessel operation are owner onus offences 194 Part 5.2—Standards for navigation aids and dredging 195 199 Determination of the standards for navigation aids and dredging and maintenance of channels 195 200 Consultation required before making a determination 195 201 Matters that must be considered in making a determination 195 202 Offence to fail to comply with standard determined under this Part 196 Part 5.2A—Standards for emergency response capabilities of towage vessels in port waters 197 202A Definitions 197 202B Determination of the standards for emergency response capabilities of towage vessels 197 202C Consultation required before making a determination 197 202D Matters that must be considered in making a determination 198 Part 5.3—Boating activity exemptions and exclusion zones 199 Division 1—Boating activity exemptions 199 203 Declarations to exempt boating activity on certain waters from Act or regulations 199 204 Safe Transport Victoria to be given copy of declaration application and proposed declaration 202 205 Effect of a declaration 203 206 Exemption from compliance with Act, regulations or Port Management Act 1995 203 207 Compliance with declarations that modify or provide for other requirements to apply 203 Division 2—Activity exclusion zones 203 208 Activity exclusion zones 203 209 Safe Transport Victoria to be given proposed notice creating activity exclusion zone 204 210 Compliance with activity exclusion zones 205 Part 5.4—Regulation of other activities on certain waters 206 211 Control of navigation etc. in the vicinity of works carried out on, over or under waters 206 212 Safe Transport Victoria to be given proposed notice relating to regulation of waters around works 208 213 Compliance with a direction of applicable regulatory entity 209 214 Compliance with notice 209 215 Emergency directions 209 Part 5.5—Waterway management 211 Division 1—Functions and powers 211 216 Functions and powers of waterway managers 211 217 Delegation powers of waterway managers 212 218 Indemnity for waterway managers 213 219 Safe Transport Victoria may develop code of practice for waterway management 213 Division 2—Abandoned things and unattended things 214 219AA Abandoned things 214 219A Removal of things 215 219B Powers in relation to moving or disposing of things 216 219C Requirement to make enquiries as to owner of thing 216 219D Disposal of thing 217 219E Recovery of costs 218 219F Application of proceeds of sale and compensation 219 219G Proceeds of disposal where owner not located 221 Chapter 6—Harbour masters 222 Part 6.1—Requirements for engagement of licensed harbour masters 222 220 Certain entities must engage harbour masters 222 221 Identity cards 223 Part 6.2—Licensing of harbour masters 225 222 Person must not act as a harbour master without harbour master licence 225 223 Application for harbour master licence 225 224 Grant of harbour master licence 226 225 Application by harbour master for variation of conditions of harbour master licence 227 226 Variation of condition of harbour master licence by Safe Transport Victoria following application 227 227 Imposition or variation of condition of a harbour master licence by Safe Transport Victoria 228 228 Requirement as to notification of licence condition 228 Part 6.3—Assistant harbour masters 229 229 Authorisation to act as assistant harbour master 229 Part 6.4—Functions and powers of harbour masters 231 230 Functions of harbour masters 231 231 Powers of harbour masters 232 232 Power of harbour masters to give written and oral directions 232 233 Specific provisions as to directions relating to the entry and removal of vessels 234 234 General provisions relating to harbour master directions 235 235 Amendment and revocation of directions 235 236 Harbour master may carry out direction 236 237 Offence to fail to comply with direction or obstruct, harbour master 236 Part 6.5—Other matters 238 238 Protection from liability 238 Chapter 7—Pilotage 239 Part 7.1—Provision of pilotage services 239 239 Offence to provide pilotage services without registration 239 240 Application for registration as a pilotage services provider 239 241 Registration as a pilotage services provider 240 242 Duration of registration 241 243 Certificates of registration 241 244 Register of pilotage service providers 241 245 Requirement to notify Safe Transport Victoria of changes to registration information 242 246 Records to be kept 242 247 Offence to fail to comply with safety standards 243 247A Pilotage services providers must report reportable incidents to Safe Transport Victoria 243 Part 7.2—Pilots 244 Division 1—General requirement to use pilots 244 248 Offence not to use a pilot 244 249 Offence to act as a pilot without a pilot licence or pilot exemption 244 Division 2—Declaration of pilot required waters 245 250 Declaration 245 Division 3—Pilot licences 245 251 Application for pilot licence 245 252 Grant of pilot licence 246 252A Imposition of conditions relating to pilot competencies and medical fitness 247 Division 4—Pilot exemptions 247 253 Application for pilot exemption 247 254 Grant of pilot exemption 248 255 Effect of pilot exemption 248 256 Renewal of pilot exemption 248 Part 7.3—Miscellaneous matters 250 257 Liability of pilots and pilotage service providers 250 Chapter 8—General 251 Part 8.1—Administration of Act 251 Division 1—Safe Transport Victoria 251 258 Functions of Safe Transport Victoria 251 259 Powers of Safe Transport Victoria 253 260 Exemptions 254 261 Provision or maintenance of navigation aids by Safe Transport Victoria 254 262 Safe Transport Victoria may cause vessel to be boarded, moved, secured or operated in certain cases 255 263 Recovery of costs 255 264 Inquiries into marine safety matters 256 265 Extension of suspension pending inquiry 257 266 Accountability for damage 258 267 Order to remove obstructions in navigable waters 258 268 Safe Transport Victoria may remove obstructions to navigation 259 269 Power to prohibit operation of particular vessel 259 Division 2—Functions and powers of other entities 260 270 Chief Commissioner of Police may disclose reportable incidents to Safe Transport Victoria 260 271 Acquisition of land 260 Division 3—Accreditation 261 271A Definition 261 271B Offence to provide prescribed service unless accredited 261 271C Offence to breach condition of accreditation 261 271D Application for accreditation 262 271E Guidelines in relation to competence and capacity 262 271F Accreditation 262 Part 8.1A—The Better Boating Fund 264 271G The Better Boating Fund 264 271H Financial report of the Better Boating Fund 265 Part 8.2—Codes of practice 268 272 Codes of practice—safety duties 268 273 Revisions to approved codes of practice 268 274 Revocation of approvals of codes of practice 269 275 Availability of approved codes of practice 269 276 Minister may consult before approving code of practice or revision to code of practice 269 277 Effect of approved code of practice 270 278 Tabling and disallowance of approved codes of practice 270 Part 8.3—Marine Enforcement Policy 272 279 Safe Transport Victoria to develop, maintain and review Marine Enforcement Policy 272 280 Safe Transport Victoria must co-ordinate and support implementation 273 281 Safe Transport Victoria must consult when developing or reviewing Marine Enforcement Policy 273 282 Content of Marine Enforcement Policy 274 283 Marine Enforcement Policy to be had regard to 275 Part 8.4—Offences by bodies corporate 276 284 Imputing conduct to bodies corporate 276 285 Criminal liability of officers of bodies corporate—failure to exercise due diligence 276 Part 8.5—Offences by partnerships and unincorporated bodies or associations 278 286 Liability of officers of partnerships and unincorporated bodies or associations 278 Part 8.6—Proceedings against the Crown 280 287 Responsible agency for the Crown 280 Part 8.7—Review of decisions 281 288 Definitions 281 289 Internal review 281 290 Review by VCAT 283 Part 8.8—Court processes 285 291 Jurisdiction 285 292 Power to prosecute 285 293 Evidence of speed 286 294 General evidentiary provisions 286 296 Act presumed to apply to vessels 288 297 Seizure and sale of vessel and equipment 288 298 Summary jurisdiction in indictable offences 288 Part 8.8A—Use and disclosure of information 290 298A Definitions 290 298B Information to which this Part applies 292 298C Authorised use or disclosure 292 298D Exceptional circumstances 295 298E Information protection agreements 297 298F Disclosure not mandatory 299 298G Freedom of Information Act 1982 299 298H Offence to use or disclose relevant information without authorisation 300 Part 8.9—Miscellaneous matters 301 299 Effect of compliance with regulations or approved codes of practice 301 301 Forgery etc. of documents and identification marks 301 302 Offence to interfere etc. with navigation aid 302 303 Offence to obstruct authorised person 302 304 Offence to offer or accept bribes 303 305 Obtaining licence etc. by false statements 303 307 Safe Transport Victoria may vary or cancel permission record to correct error or omission 304 308 Service 304 Part 8.10—Regulations 306 Division 1—General regulation-making powers 306 309 General regulation-making powers 306 Division 2—Fees, rates and charges 310 310 Fees, rates and charges 310 311 Fees for waterway managers 312 312 Fee for boating facilities and safety education 313 Chapter 9—Savings and transitional provisions 314 Part 9.1—Definitions 314 313 Definitions 314 Part 9.2—Operative provisions 315 314 General transitional provision 315 316 Hoon boating provisions re-enacted 315 317 Declaration of waterway managers 315 318 Declaration of vessels 316 319 Determinations in relation to requirements to use a pilot taken to be declaration of pilot required waters 316 320 Registered vessels 316 321 Applications for registration of vessels 316 322 Applications for the renewal or transfer of the registration of a vessel 317 323 Suspensions of registration of vessels 317 324 Processes for suspensions of registrations of vessels 317 325 Processes for cancellations of registrations of vessels 318 326 Prohibitions in relation to operation of particular vessels 319 327 Operator licences 319 328 Personal watercraft endorsements 319 329 Applications for operator licences 320 330 Applications for personal watercraft endorsements 320 331 Renewals of operator licences 320 332 Variations to operator licences on initiative of Director 321 333 Variations to personal watercraft endorsements on application by holder of a personal watercraft endorsement 322 334 Variations to personal watercraft endorsements on initiative of Director 323 335 Requests for cancellation of personal watercraft endorsements 324 336 Suspension of operator licences 325 337 Processes for suspensions of operator licences 325 338 Processes for cancellations of operator licences 326 339 Processes for revocation of personal watercraft endorsements 327 340 Court suspensions of operator licences 328 341 Disqualifications from obtaining operator licences 328 342 Waterway rules 329 343 Boating activities 329 344 Harbour master identity cards 329 345 Harbour master licences 329 346 Applications for harbour master licences 329 347 Authorisation of assistant harbour masters 329 348 Written directions of harbour masters 330 349 Pilotage services provider registration 330 350 Register of pilotage services providers 330 351 Pilot licences 330 352 Applications for pilot licences 330 353 Pilot exemptions 331 354 Applications for pilot exemptions 331 355 Local knowledge certificates 331 356 Applications for local knowledge certificates 331 357 Specified standards of the Director 331 358 Specified approvals and determinations of the Director 332 359 Exemptions of Director 333 360 Certificates of competency 333 361 Applications for certificates of competency 334 362 Certificates of survey 334 363 Investigations by Director 334 364 Investigations by inspectors 335 365 Improvement notices 335 366 Prohibition notices 335 367 Internal reviews in relation to applications 336 368 Appeals commenced in relation to refusal of applications in relation to licences and endorsements 337 369 Appeals commenced in relation to decisions to suspend or cancel operator licences or revoke endorsements 338 370 Appeals commenced in relation to decisions to vary operator licences or vary conditions on licences or endorsements 339 371 Appeals against disqualifications by order of a court 341 372 Appeals against cancellation or suspension of operator licence by order of a court 342 373 Delegations of waterway managers 343 374 References to Director to be read as references to Safety Director 343 Schedules 345