Division 2 Vessel registration

49   Vessels requiring registration

(1)  All commercial and recreational vessels that operate in State waters are required to be registered under this Act unless exempt from registration.

(2)  A vessel that is required to be registered under this Act is a registrable vessel for the purposes of this Act.

50   Vessels exempt from registration

(1)  A vessel (other than a recreational vessel, a commercial vessel that is an Australian fishing vessel or a pleasure craft or an Australian fishing vessel) is exempt from registration under this Act if the vessel is in State waters and is proceeding on an interstate voyage or an overseas voyage. An Australian fishing vessel is exempt from registration under this Act if it is in State waters and is proceeding on an overseas voyage.

(2)  A vessel is exempt from registration under this Act if the vessel:

(a)  is not ordinarily operated in State waters, and

(b)  has been in State waters for less than 3 months, and

(c)  is registered under the law of another State or a Territory, or of another country, and is operated in accordance with that law.

(3)  A vessel is exempt from registration under this Act if it is of a class exempted by the regulations.

(4)  A vessel is exempt from registration under this Act if the Minister exempts it from registration by order in writing given to the owner or master of the vessel.

51   Offence to operate unregistered vessel

(1)  The owner of a registrable vessel must not operate the vessel in State waters unless the vessel is registered under this Act and the owner is the holder of the vessel registration certificate.

(2)  The master of a registrable vessel must not operate the vessel in State waters if the vessel is not registered under this Act or is being operated in contravention of any conditions of its vessel registration certificate. It is a defence to a prosecution under this subsection if the master establishes that he or she did not have any reasonable cause to believe that the vessel was not registered or was being so operated.

Maximum penalty: 75 penalty units.

Note. The registration of a vessel is a marine safety licence—Part 4 deals with the grant of, and other matters relating to, any such licence. A contravention of the conditions of such a licence by the owner is an offence—see section 32.

52   Additional grounds for refusal, suspension or cancellation of registration

In addition to any other ground on which the Minister may refuse to register a vessel or may suspend or cancel its registration, the Minister may do so on the following grounds:

(a)  the Minister may do so on environmental grounds, that is, the vessel causes or will cause unreasonable noise, air or other pollution because of its design, construction or equipment,

(b)  the Minister may do so on aesthetic grounds, that is, the vessel is or will be an eyesore in the port or other area in which it operates or is moored or in which it is proposed to operate or be moored.