73BTowage service determination

73B Towage service determination (1) Ports Victoria may make a determination that sets out the requirements and standards that are to apply to the provision of a towage service in a commercial trading port. (2) Without limiting subsection (1), a determination under that subsection may specify— (a) the period of time for which its provisions operate (the ***determination period***); and (b) the commercial trading port in which a towage service to which the determination applies is to be provided; and (c) the minimum number of towage vessels required to be provided by licensed towage service providers during the determination period; and (d) the minimum towing and pushing capacity of any such vessels; and (e) the minimum emergency response capabilities (including minimum fire‑fighting capabilities) of any such vessels or class of such vessels and any specified standards applicable to such capabilities; and (f) the minimum requirements necessary for such vessels to be fit to provide the service that the vessels are to be used to provide; and (g) the availability required for such vessels to provide the services; and (h) the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities). (3) A determination under subsection (1) may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the determination— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified. (4) The determination period determined under subsection (2)(a)— (a) must not commence until 2 months after the day on which the determination is published in the Government Gazette; and (b) must commence immediately on the termination of a previous determination period (other than in the case of the first determination made under this section); and (c) must terminate at a time that ensures paragraphs (a) and (b) may be complied with. S. 73B(5) amended by No. 34/2023 s. 127(Sch. 1 item 9.4). (5) A standard specified for the emergency response capabilities (including the fire-fighting capabilities) for a towage vessel, or a class of towage vessel, in a determination under subsection (1) must meet or exceed the relevant standard specified by Safe Transport Victoria under section 202B of the **Marine Safety Act 2010**. (6) In making a determination under subsection (1), Ports Victoria— (a) must have regard to— (i) the requirements that are necessary for the safe and efficient operation of the applicable commercial trading port for the determination period; and (ii) any submissions made under section 73D as to the proposed determination notified under section 73C; and (b) must not make a determination that has greater requirements as to the number, capacity and availability of vessels than those requirements set out in the proposed determination notified under section 73C. (7) A determination under subsection (1)— (a) must be published in the Government Gazette; and (b) has effect from the date of publication; and (c) operates for the determination period. S. 73C substituted by No. 19/2022 s. 32.