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Marine Safety Act 2010
84Renewal of local knowledge certificate
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84 Renewal of local knowledge certificate
(1) A holder of a local knowledge certificate may apply for the renewal of the local knowledge certificate the person holds.
(2) An application under subsection (1) must be made before the local knowledge certificate expires.
(3) Sections 82(2) and 83 apply to the renewal of a local knowledge certificate as if a reference to a master who applied for a local knowledge certificate in those sections were a reference to the master who holds the local knowledge certificate who applied for the renewal of the local knowledge certificate.
Part 3.5—Vessel operational requirements
Division 1—Unsafe vessels
85 Detention of unsafe vessels
(1) The detention of an unsafe vessel under this section does not—
(a) prevent a prosecution for an offence against section 87;
(b) prevent a prosecution for breach of a safety duty by an owner or master of a vessel under Chapter 2.
S. 85(2) amended by No. 34/2023 s. 127(Sch. 1 item 7.25).
(2) Safe Transport Victoria may order a vessel that is on State waters or in any other part of the State to be provisionally detained if it appears to Safe Transport Victoria to be an unsafe vessel.
S. 85(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.25(b)).
(3) If Safe Transport Victoria makes an order under subsection (2), Safe Transport Victoria—
(a) must, as soon as practicable, cause to be served on the owner or master of the vessel a notice of the detention and a written statement of the reasons for the detention; and
S. 85(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.25(b)).
(b) must request a transport safety officer to investigate and report to Safe Transport Victoria on the condition of the vessel and its equipment; and
(c) may, on receipt of the report referred to in paragraph (b)—
(i) order the release of the vessel; or
S. 85(3)(c)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 7.25(b)).
(ii) if of the opinion that it is an unsafe vessel, order it to be finally detained either absolutely or until the performance of such conditions as Safe Transport Victoria considers necessary to ensure that the vessel is not an unsafe vessel; and
(d) may at any time (and without any report) order the release of the vessel (with or without conditions) if satisfied that the vessel is not an unsafe vessel; and
S. 85(3)(e) amended by Nos 78/2011 s. 20, 34/2023 s. 127(Sch. 1 item 7.25(b)).
(e) must cause a copy of the report to be served on the owner or master of the vessel (if their identity and whereabouts are known to Safe Transport Victoria) before an order for final detention is made; and
S. 85(3)(f) amended by No. 34/2023 s. 127(Sch. 1 item 7.25(b)).
(f) must cause a copy of an order for final detention to be served on the owner and master of the vessel (if their identity and whereabouts are known to Safe Transport Victoria).
S. 85(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.25(b)).
(4) If an order for the final detention of a vessel is made, the vessel must not be released until Safe Transport Victoria is satisfied that its further detention is no longer necessary, and orders its release.
(5) The owner of a vessel must not cause or allow the vessel to be taken on a voyage if the owner knows that the vessel has been detained under this section and has not been duly released.
(6) The master of a vessel must not take the vessel on a voyage if the master knows that the vessel has been detained under this section and has not been duly released.
(7) An agent for a vessel that has been detained under this section and not duly released must not assist the owner or master of the vessel to contravene this section.
S. 85(8) amended by No. 34/2023 s. 127(Sch. 1 item 7.25(b)).
(8) A person must not obstruct or fail to comply with any reasonable requirement of a person appointed by Safe Transport Victoria to take charge of a vessel detained under this section in connection with the exercise of that person's functions.
S. 86 repealed by No. 36/2013 s. 55.
Division 2—Dangerous operation and acts
S. 87 (Heading) amended by No. 55/2017 s. 12(1).