accredited person means a person who has been granted an accreditation under Division 3 of Part 8.1 of the Act;
Australian Builders Plate has the same meaning as it has in the Australian Builders Plate Standard;
breadth, for a vessel, means the maximum breadth of the vessel measured amidships as follows—
(a) if the vessel has a metal hull—to the moulded line of the frame;
(b) if the vessel does not have a metal hull—to the outer surface of the hull;
certificate of operation means—
(a) a certificate issued under section 48 of the Marine Safety (Domestic Commercial Vessel) National Law; or
(b) a certificate recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law;
coastal waters means all waters other than inland waters or enclosed waters;
commercial trading port has the same meaning as it has in the Port Management Act 1995;
competent person has the same meaning as it has in the Australian Builders Plate Standard;
declared port waters means—
(a) in relation to a local port—
(i) land or waters deemed under section 183 of the Port Management Act 1995 to be the land and waters of that local port; or
(ii) State waters declared under section 5(2) of the Port Management Act 1995 to be the port waters of that local port; and
(b) in relation to a commercial trading port—State waters declared under section 5(2) of the Port Management Act 1995 to be the port waters of that commercial trading port;
designated hazardous area means—
(a) Port Phillip Heads; or
(b) any area of State waters declared as a designated hazardous area under regulation 7;
diving equipment means underwater breathing apparatus of a kind that is self-contained (scuba) or is surface supplied;
enclosed waters means—
(a) the declared port waters inside the seaward entrance of the following local ports—
(i) the Port of Apollo Bay;
(ii) the Port of Anderson Inlet;
(iii) the Port of Gippsland Lakes;
(iv) the Port of Snowy River;
(v) the Port of Mallacoota;
(vi) the Port of Port Fairy;
(b) the declared port waters of the Port of Barwon Heads upstream of the Barwon Heads–Ocean Grove road bridge;
(c) the declared port waters of the Port of Corner Inlet and Port Albert east of a line between Port Welshpool shipping pier and Bentley Point (inside the entrances);
(d) the waters of Shallow Inlet;
(e) the declared port waters inside the entrance of the Port of Portland;
(f) the declared port waters of the Port of Port Phillip;
(g) the waters of Western Port—
(i) landward of its western entrance joined by an imaginary line drawn between West Head to the southern tip of Seal Rocks to Point Grant; and
(ii) landward of its eastern entrance joined by an imaginary line drawn between Cape Woolamai and Griffith Point;
(h) the waters bounded by—
(i) the seaward entrance of Tamboon Inlet; and
(ii) an imaginary line drawn due west from the intersection of Flanders Track and Fishermans Track (east of Cann River) to the west bank of Cann River;
(i) the waters bounded by—
(i) the seaward entrance of Wingan Inlet; and
(ii) an imaginary line drawn due east from the intersection of Rocky Creek and Wingan River to the east bank of Wingan River;
(j) the waters bounded by the seaward entrance of Sydenham Inlet and the mouth of the Bemm River;
expiry date means—
(a) in relation to the registration of a vessel—the date determined in accordance with regulation 12(3) as the date on which the registration of the vessel expires; and
(b) in relation to a marine licence—the date determined in accordance with regulation 36 as the date on which that licence expires;
fixed fire extinguishing system means a fixed fire extinguishing system that complies with—
(a) International Standard ISO 9094:2022 "Small craft—Fire protection"; or
(b) AS 4214:2018 "Gaseous fire‑extinguishing systems";
hull identification number means an identification number affixed to a vessel in a form, manner and location that is in accordance with International Standard ISO 10087:2022, "Small craft—Craft identification—Coding system";
inland waters means rivers (inside the seaward entrance), creeks, canals, lakes, reservoirs and any similar waters, whether naturally formed or man-made and whether publicly or privately owned, but does not include any navigable rivers, creeks or streams within declared port waters;
length, in relation to a recreational vessel, means the length of the hull of the vessel when measured in accordance with clause 5.2.2 of International Standard ISO 8666:2020(E) "Small craft—Principal data";
level 50 lifejacket means a lifejacket of a type described in Part 3 of Schedule 1;
level 50S lifejacket means a lifejacket of a type described in Part 4 of Schedule 1;
level 100 plus lifejacket means a lifejacket of a type described in Part 2 of Schedule 1;
lifebuoy means a lifebuoy of a type that complies with AS 4758.1:2022 "Lifejackets—Part 1: General requirements";
marine licence endorsement means an endorsement of a marine licence under section 55 of the Act;
marine radio means a VHF marine radio transceiver approved by the Australian Communications and Media Authority that complies with AS/NZS ETSI EN 302 885: 2018 "Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC";
ocean bar means an area in State waters comprising a ridge of sand or gravel near or slightly above the surface of the water—
(a) that is located near or at the entrance to the sea from a bay, inlet, river or other waterway; and
(b) that extends across the mouth of that bay, inlet, river or waterway or parallel to the shore; and
(c) that is permanent or occurs from time to time—
and includes all waters within 500 metres of the ridge;
off-the-beach sailing yacht means an unballasted open yacht, including a centreboard dinghy, skiff and multihull yacht, but does not include a cabin boat, fixed keel vessel, kiteboard, sailboard or stand up paddleboard;
open area means—
(a) in relation to a recreational vessel or a hire and drive vessel (other than a kayak or a canoe)—
(i) if the vessel has a deck—all deck areas, including coach roofs, superstructures, open flying bridges, trampolines and nets, but excluding areas within a rigid deckhouse, a rigid cabin, a rigid half-cabin or a securely enclosed under-deck space; or
(ii) if the vessel does not have a deck—the whole vessel, excluding areas within a rigid cabin, a rigid half-cabin or a securely enclosed space; and
(b) in relation to a kayak or canoe—the whole vessel;
orange smoke hand-held distress signal means an orange smoke hand-held distress signal of a type that complies with clause 8 of AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft";
passenger means any person on board a vessel other than—
(a) the master, a member of the crew or any other person employed or engaged in any capacity in the business of that vessel; and
(b) a child under one year of age;
personal locator beacon means a personal locator beacon that complies with AS/NZS 4280.2:2017 "406 MHz satellite distress beacons—Part 2: Personal locator beacons (PLBs)";
personal particulars, of a person, means the following details—
(a) the first name, second and third initials (if any) and family name of the person;
(b) the person's gender;
(c) the person's date of birth;
(d) the person's residential address;
(e) if there is no postal address for the person's residential address, the address for the service of notices under these Regulations;
Port Phillip Heads means all the waters between—
(a) an imaginary line drawn between Shortland Bluff and Point Nepean; and
(b) the seaward limits of an imaginary line constituting the arc of a circle with a radius of 3 nautical miles centred on Point Lonsdale;
portable fire extinguisher means a dry chemical type fire extinguisher—
(a) that complies with AS/NZS 1841.1:2007 "Portable fire extinguishers—Part 1: General requirements" and AS/NZS 1841.5:2007 "Portable fire extinguishers—Part 5: Specific requirements for powder type extinguishers"; and
(b) that is rated in accordance with AS/NZS 1850:2009 "Portable fire extinguishers—Classification, rating and performance testing";
powerboat means a recreational vessel that has one or more engines or motors that are used, or are capable of being used, for propulsion;
recreational tender means a recreational vessel that—
(a) does not exceed 4⋅8 metres in length; and
(b) is used, or is intended to be used, as a means of transportation; and
(c) conspicuously displays the name of its mother vessel or the registration number of that vessel and the letter "T"; and
(d) operates or is intended to operate—
(i) between the shore and another recreational vessel that is no more than 300 metres from the shore and no more than 300 metres from the point of its entry to the water; or
(ii) between recreational vessels that are no more than 300 metres apart;
red hand-held distress flare means a red hand‑held distress flare of a type that complies with clause 6 of AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft";
red star parachute distress rocket means a parachute distress rocket that complies with clause 7 of AS 2092—2004 "Pyrotechnic marine distress flares and signals for pleasure craft";
registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);
restricted visibility means conditions in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar cause;
testing officer means a person specified in regulation 88 as a person by whom a prescribed measuring device must be tested for the purposes of section 293 of the Act;
the Act means the Marine Safety Act 2010;
trailerable yacht means a yacht that has a cabin and is capable of being towed on a trailer by a motor vehicle in accordance with the Road Safety Act 1986;
type 1 lifejacket means a lifejacket of a type described in Part 5 of Schedule 1;
type 2 lifejacket means a lifejacket of a type described in Part 6 of Schedule 1;
type 3 lifejacket means a lifejacket of a type described in Part 7 of Schedule 1;
underway, in relation to a vessel, means that the vessel is not—
(a) at anchor; or
(b) made fast to the shore; or
(c) aground;
Uniform Shipping Laws Code has the same meaning as it has in the Marine Safety (Domestic Commercial Vessel) National Law;
unlicensed person means a person who does not hold—
(a) a marine licence granted under the Act; or
(b) a licence that is recognised as being equivalent to a marine licence granted under the Act;
valid certificate of competency means—
(a) any of the following qualifications described in Marine Order 505 (Certificates of competency—national law) 2022 of the Commonwealth for which a certificate is issued under section 60 of the Marine Safety (Domestic Commercial Vessel) National Law or for which a certificate is recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law—
(i) Coxswain Grade 2 NC;
(ii) Coxswain Grade 1 NC;
(iii) Master (Inland waters) NC;
(iv) Master <24 m NC;
(v) Master <35 m NC;
(vi) Mate <80 m NC;
(vii) Master <80 m NC; or
(b) a notice given under regulation 29(3);
yacht means a vessel that is designed to be propelled by wind power, or a combination of wind and engine power, and includes—
(a) a monohull yacht; and
(b) a trailerable yacht; and
(c) a multihull yacht—
that is ballasted or has a cabin or a fixed keel, but does not include an off-the-beach sailing yacht.