Division 4 Certificates of competency for master and specified crew of commercial vessels and safety manning

57   Vessels to which this Division applies

(1)  This Division applies to commercial vessels operating in State waters.

(1A)  This Division extends to:

(a)  a commercial vessel that is an Australian fishing vessel or a pleasure craft while it is operating outside State waters, and

(b)  any other commercial vessel while it is operating outside State waters but only if it is proceeding on a voyage that is not an overseas or interstate voyage.

(2)  This Division does not apply to:

(a)  vessels while hired or used for recreational or sporting purposes and not hired or used for any commercial purpose, or

(b)  vessels exempted by the regulations, or

(c)  vessels exempted by the Minister by order in writing given to the owner or master of the vessel or by a condition of its registration under this Act.

58   Persons required to hold certificates of competency

The following persons are required to hold an appropriate certificate of competency:

(a)  the master of a commercial vessel to which this Division applies,

(b)  any member of the crew of such a vessel who is required to do so by the regulations.

59   Offence for failure to hold appropriate certificate of competency

(1)  A person must not operate a commercial vessel to which this Division applies as its master if the person is required to hold a certificate of competency and the person does not hold an appropriate certificate under this Act.

(2)  A person must not act as a crew member of such a commercial vessel if the person is required to hold a certificate of competency and the person does not hold an appropriate certificate under this Act.

(3)  The owner of a vessel must not operate the vessel if this section is contravened by its operation.

(4)  The master of a vessel must not operate the vessel if this section is contravened by its operation. 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 being so operated.

Maximum penalty: 100 penalty units.

Note. A certificate of competency is a marine safety licence—Part 4 deals with the grant of, and other matters relating to, any such licence.

59A   Offences committed by disqualified holders of certificates of competency

(1)  A person who is disqualified by or under any Act from holding or obtaining a certificate of competency must not:

(a)  operate a commercial vessel to which this Division applies during the period of disqualification, or

(b)  make an application for a certificate of competency during the period of disqualification and in respect of the application state his or her name falsely or incorrectly or omit to mention the disqualification.

Maximum penalty: 100 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 125 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(2)  Subsection (1) does not apply to the operation of a vessel in circumstances prescribed by the regulations.

(3)  An offence under this section is a second or subsequent offence for the purposes of this section if it is the second or subsequent occasion on which the person is convicted of any offence under subsection (1) within the period of 5 years immediately before the person is convicted of the offence.

(4)  If a person is convicted by a court of an offence under subsection (1), the person:

(a)  is disqualified by the conviction (and without any specific order) for the relevant disqualification period from the date of expiration of the existing disqualification or suspension or from the date of such conviction, whichever is the later, from holding a certificate of competency, and

(b)  may also be disqualified, for such additional period as the court may order, from holding a certificate of competency.

(5)  The disqualification referred to in subsection (4) is in addition to any penalty imposed for the offence.

(6)  Subsection (1) applies to a person who is disqualified from holding a certificate of competency by a court in Australia or under any law in this State or another State or Territory.

(7)  In this section, the relevant disqualification period is:

(a)  in the case of a first offence under subsection (1)—12 months, or

(b)  in the case of a second or subsequent offence under subsection (1)—2 years.

60   Crewing of commercial vessels to which this Division applies

The regulations may make provision for or with respect to the following:

(a)  the crew to be carried in a commercial vessel to which this Division applies,

(b)  the manner in which the number and type of crew to be carried in a commercial vessel to which this Division applies are to be determined,

(c)  the constitution of safety crewing committees and the functions to be exercised by such committees,

(d)  applications for determinations or approvals under this Act relating to the crew to be carried in a commercial vessel to which this Division applies, and appeals and reviews of decisions made in respect of such applications (including enabling a person to apply for a review of any such decision to the Administrative Decisions Tribunal),

(e)  fees in relation to any such application, appeal or review,

(f)  the keeping of records in relation to the crew carried in a commercial vessel to which this Division applies and the production and inspection of any such records.

61   Detention of vessels operated contrary to this Division

A vessel that is operated in contravention of this Division is taken to be an unsafe vessel for the purposes of section 46 (Detention of unsafe vessels) and may be detained under that section.