Division 5Division 5 Boat driving licences for power-driven recreational vessels
62 Vessels to which Division applies
(1) This Division applies to any power-driven recreational vessels operating in or from State waters, other than vessels exempted by the regulations.(2) In this Division, recreational vessel includes a commercial vessel while hired or used for recreational or sporting purposes and not hired or used for any commercial purpose.
63 Offence to operate recreational vessel without appropriate boat driving licence
A person must not operate a recreational vessel to which this Division applies as its master unless the person is the holder of a boat driving licence under this Act of an appropriate type which authorises the person to operate the vessel.Maximum penalty: 15 penalty units.
Note. A boat driving licence is a marine safety licence—Part 4 deals with the grant of, and other matters relating to, any such licence.
63A Offences committed by disqualified holders of boat driving licences
(1) A person who is disqualified by or under any Act from holding or obtaining a boat driving licence under this Act must not:(a) operate a recreational vessel to which this Division applies as its master during the period of disqualification, or(b) make an application for a boat driving licence under this Act 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 boat driving licence under this Act, and(b) may also be disqualified, for such additional period as the court may order, from holding a boat driving licence under this Act.(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 boat driving licence 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.
64 Exemption from requirement to hold boat driving licence
(1) A person is exempt from the requirement to hold a boat driving licence if the person:(a) is not ordinarily resident in this State, and(b) has been operating power-driven recreational vessels in State waters for less than 3 months, and(c) is authorised under the law of another State or a Territory to operate the vessel concerned (being an authorisation that is not suspended) and is operating the vessel in accordance with the conditions of that authorisation.(1A) Subsection (1) does not exempt a person from the requirement to hold a boat driving licence if:(a) the person holds a boat driving licence that is suspended, or(b) the person has held a boat driving licence that has been cancelled and the person is disqualified from applying for another such licence.(2) A person is exempt from the requirement to hold a boat driving licence if the person:(a) is the holder of a certificate of competency as a master, first mate, second mate or coxswain (or other crew member prescribed by the regulations) under this Act, or(b) is exempted by the regulations, or(c) is exempted by the Minister by order in writing given to the person.