Regulations in respect of pleasure vessels and prescribed vessels
99 Regulations in respect of pleasure vessels and prescribed vessels
The regulations may deal with the registration, navigation and operation of pleasure vessels and prescribed vessels, including by —
prescribing the duties of owners, masters and operators of pleasure vessels and prescribed vessels;
providing for the registration and transfer of registration of pleasure vessels and prescribed vessels, and the suspension or cancellation of registration;
prohibiting the navigation of a pleasure vessel or a prescribed vessel in a class of pleasure vessel or prescribed vessel that the chief executive officer has determined under subsection (2) cannot be navigated safely;
providing for the maintenance and repair of pleasure vessels and prescribed vessels;
providing for the equipment that must be provided on pleasure vessels and prescribed vessels and the use and maintenance of the equipment;
providing for the inspection of pleasure vessels and prescribed vessels and their equipment by inspectors or authorised persons, and the powers of authorised persons who carry out those inspections;
providing for design and construction requirements for pleasure vessels and prescribed vessels;
prescribing the age of persons who may operate or be in command or charge of pleasure vessels and prescribed vessels;
providing for the crewing of pleasure vessels and prescribed vessels, including the qualifications required by masters and crew;
providing for the provision and use on pleasure vessels and prescribed vessels of lights and signals;
providing for the licensing of owners, masters, operators and crew of pleasure vessels and prescribed vessels, including —
issuing licences; and
authorising the chief executive officer to grant exemptions in relation to licences; and
assessing the competency of people to hold licences;
providing for schemes for assessing the competency of people to hold licences in relation to owners, masters, operators and crew of pleasure vessels and prescribed vessels;
providing for the safe navigation of pleasure vessels and prescribed vessels, including emergency and safety management procedures and the testing or auditing of those procedures;
providing for the inspection or survey of prescribed vessels, including by providing for —
the powers of authorised persons who carry out those inspections or surveys;
certificates of survey, the conditions to which they are subject and the renewal, transfer, suspension or cancellation of them;
the recognition of certificates of survey issued under a law of another Australian jurisdiction;
providing for requirements relating to the hiring of prescribed vessels and duties of hirers of prescribed vessels.
The chief executive officer may, for the purposes of regulations made under subsection (1)(c), determine, by notice published in the Gazette, that a class of pleasure vessel or prescribed vessel cannot be navigated safely if satisfied that that is the case.
The Interpretation Act 1984 section 43(8)(d) does not limit subsection (1)(k) or (ka).
[Section 99 inserted: No. 24 of 2023 s. 69; amended: No. 31 of 2023 s. 17.]
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