Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No

Version No. 010 Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Version incorporating amendments as at 31 March 2016

TABLE OF PROVISIONS

Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 3 Definitions 2 4 Laws associated with marine safety legislation 4 Part 2—Area transferred to New South Wales jurisdiction 5 5 Application of marine safety legislation of New South Wales and associated New South Wales laws in transferred Victorian area 5 6 Conferral of functions and jurisdiction on New South Wales 5 7 Provisions of marine safety legislation of New South Wales with specific application not to apply 6 8 Exclusion of applicable provisions by regulation 6 Part 3—Area transferred to Victorian jurisdiction 7 9 Application of marine safety legislation of Victoria and associated Victorian laws in transferred New South Wales area 7 10 Conferral of functions and jurisdiction on Victoria 7 Part 4—Miscellaneous 8 11 Appointment of interstate officers 8 12 Act to bind Crown 8 13 Regulations 8 14 Savings and transitional provisions 9 ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

Section Page

Endnotes 10 1 General information 10 2 Table of Amendments 12 3 Amendments Not in Operation 13 4 Explanatory details 14

Version No. 010 Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Version incorporating amendments as at 31 March 2016 The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose The purpose of this Act is to rationalise the application of the marine safety legislation of Victoria and New South Wales in Lake Hume and Lake Mulwala on the Murray River border, which has been submerged by the creation of those lakes. Under the combined operation of this Act and the corresponding New South Wales Act, the marine safety legislation is to have effect as if the border— (a) included within Victoria all the waters of Lake Hume downstream of the Bethanga Bridge; and (b) included within New South Wales all the waters of Lake Hume upstream of that bridge, and all the waters of Lake Mulwala (including the waters of the Ovens River north of the Murray Valley Highway Bridge). 2 Commencement This Act comes into operation on a day to be proclaimed.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 1—Preliminary

3 Definitions In this Act— associated laws has the meaning given by section 4; Bethanga Bridge means the bridge by that name over the Murray River as at the commencement of this Act, but if that bridge is replaced after that commencement, means the replacement bridge; corresponding New South Wales Act means the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 of New South Wales; exercise includes perform; function includes a power, duty or authority; Lake Hume means the lake by that name on the Murray River, comprising the waters from the Hume Weir upstream to the imaginary line across the Murray River at longitude 147 degrees and 30 minutes east; Lake Mulwala means the lake by that name on the Murray River, comprising— (a) the waters from the Yarrawonga Weir upstream to the imaginary line across the Murray River at longitude 146 degrees and 15 minutes east; and (b) the waters of the Ovens River north of the Murray Valley Highway Bridge; law includes unwritten law; marine safety legislation means the marine safety legislation of Victoria and the marine safety legislation of New South Wales;

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 1—Preliminary

marine safety legislation of New South Wales means the provisions of the Marine Safety Act 1998 of New South Wales, and the regulations and other instruments made under that Act, as in force from time to time; marine safety legislation of Victoria means the S. 3 def. of marine safety provisions of the Marine Safety Act legislation of 2010 of Victoria, and the regulations and Victoria amended by other instruments made under that Act, as No. 65/2010 in force from time to time; s. 420(Sch. 3 item 12).

Murray Valley Highway Bridge means the bridge, on the Murray Valley Highway, over the Ovens River as at the commencement of this Act, but if that bridge is replaced after that commencement, means the replacement bridge; police officer has the same meaning as in the S. 3 def. of police officer Victoria Police Act 2013; inserted by No. 37/2014 s. 10(Sch. item 108.1).

transferred New South Wales area means so much of the area covered for the time being by the waters of Lake Hume downstream of the Bethanga Bridge as is within the territorial limits of New South Wales; transferred Victorian area means— (a) so much of the area covered for the time being by the waters of Lake Hume upstream of the Bethanga Bridge; and

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 1—Preliminary

(b) so much of the area covered for the time being by the waters of Lake Mulwala (including the waters of the Ovens River north of the Murray Valley Highway Bridge)— as are within the territorial limits of Victoria. 4 Laws associated with marine safety legislation (1) For the purposes of this Act, associated laws, in relation to the marine safety legislation of a State, are the provisions of any laws of that State concerning a matter arising under that legislation. (2) Matters arising under marine safety legislation include, for example (but without limitation) the following— S. 4(2)(a) (a) the investigation and prosecution of offences amended by No. 68/2009 under that legislation (including the issue of s. 97(Sch. infringement or penalty notices), and the item 85). arrest, bail, trial or hearing and conviction of offenders; (b) the jurisdiction of courts and tribunals under that legislation; (c) the procedure before courts and tribunals exercising jurisdiction under that legislation (including with respect to evidence, appeals and review); (d) the payment and recovery of fines, penalties, fees and other money under that legislation; (e) the jurisdiction of the Ombudsman with respect to the conduct of public officials under that legislation; (f) the access to information held by public officials under that legislation; (g) the interpretation of that legislation.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 2—Area transferred to New South Wales jurisdiction

Part 2—Area transferred to New South Wales jurisdiction

5 Application of marine safety legislation of New South Wales and associated New South Wales laws in transferred Victorian area (1) The marine safety legislation of New South Wales, and the associated laws of New South Wales, apply in and in relation to the transferred Victorian area as if that area were within the territorial limits of New South Wales. (2) The marine safety legislation of Victoria, and the associated laws of Victoria, do not apply in or in relation to the transferred Victorian area. 6 Conferral of functions and jurisdiction on New South Wales (1) All persons who have functions conferred or imposed on them for the purposes of or in connection with the marine safety legislation of New South Wales (or the associated laws of New South Wales) have and may exercise those functions for the purposes of or in connection with that legislation or those laws, as applying in and in relation to the transferred Victorian area by virtue of this Part. (2) The several courts of New South Wales are invested with jurisdiction in all matters arising under the marine safety legislation of New South Wales (or the associated laws of New South Wales), as applying in and in relation to the transferred Victorian area by virtue of this Part.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 2—Area transferred to New South Wales jurisdiction

7 Provisions of marine safety legislation of New South Wales with specific application not to apply (1) Nothing in this Part renders a provision of the marine safety legislation of New South Wales applicable in a particular place— (a) in so far as the provision is incapable of applying in or in relation to that place; or (b) if that legislation expressly provides that the provision does not extend or apply in or in relation to that place; or (c) if that legislation expressly provides that the provision applies only in a specified locality that does not include that place. (2) A provision of the marine safety legislation of New South Wales is not taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters or things within the waters (however described) of New South Wales. 8 Exclusion of applicable provisions by regulation The regulations under this Act— (a) may exclude particular provisions of the marine safety legislation of New South Wales or the associated laws of New South Wales from applying in and in relation to the transferred Victorian area by virtue of this Part; and (b) may provide that particular provisions of the marine safety legislation of Victoria or the associated laws of Victoria are not excluded from applying in or in relation to the transferred Victorian area by virtue of this Part.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 3—Area transferred to Victorian jurisdiction

Part 3—Area transferred to Victorian jurisdiction

9 Application of marine safety legislation of Victoria and associated Victorian laws in transferred New South Wales area This Part has effect for the purposes of the provisions of the corresponding New South Wales Act that apply the marine safety legislation of Victoria, and any associated laws of Victoria, in and in relation to the transferred New South Wales area as if that area were within the territorial limits of Victoria. 10 Conferral of functions and jurisdiction on Victoria (1) All persons who have functions conferred or imposed on them for the purposes of or in connection with the marine safety legislation of Victoria (or the associated laws of Victoria) have and may exercise those functions for the purposes of or in connection with that legislation or those laws, as applying in and in relation to the transferred New South Wales area by virtue of the corresponding New South Wales Act. (2) The several courts of Victoria are invested with jurisdiction in all matters arising under the marine safety legislation of Victoria (or the associated laws of Victoria), as applying in and in relation to the transferred New South Wales area by virtue of the corresponding New South Wales Act.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 4—Miscellaneous

Part 4—Miscellaneous

11 Appointment of interstate officers (1) A power under the marine safety legislation of Victoria to appoint or authorise a person for the purposes of the enforcement of that legislation in Victoria or in the transferred New South Wales area extends to the appointment or authorisation of a person who is a police officer of New South Wales or a member of the staff of the Waterways Authority of New South Wales or of any other authority of New South Wales. S. 11(2) (2) A person who is a police officer of Victoria or amended by Nos 108/2004 who is employed under Part 3 of the Public s. 117(1) (Sch. 3 Administration Act 2004 may be appointed or item 124), 37/2014 authorised under the marine safety legislation of s. 10(Sch. item New South Wales for the purposes of the 108.2). enforcement of that legislation in New South Wales or in the transferred Victorian area. 12 Act to bind Crown This Act binds the Crown in right of Victoria and, in so far as the legislative power of the Parliament of Victoria permits, the Crown in all its other capacities. 13 Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Part 4—Miscellaneous

14 Savings and transitional provisions (1) Nothing in this Act limits any other law that provides for the application of the laws of the State, or any part of those laws, beyond the limits of the State. (2) If the Marine Safety Act 1998 of New South Wales has not commenced before the commencement of this Act, a reference in this Act to the marine safety legislation of New South Wales is, until that Act commences, taken to be a reference to the Acts and regulations to be repealed by Schedule 2 to that Act. (3) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act. ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Endnotes

Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 27 September 2001 Legislative Council: 31 October 2001 The long title for the Bill for this Act was "A Bill to rationalise the application of the marine safety legislation of Victoria and New South Wales in Lake Hume and Lake Mulwala on the Murray River border and for other purposes." The Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 was assented to on 14 November 2001 and came into operation on 1 December 2001: Government Gazette 29 November 2001 page 2939.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Endnotes

• Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Endnotes

2 Table of Amendments This publication incorporates amendments made to the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 124) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 85) on 1.1.10: Government Gazette 10.12.09 p. 3215 Current State: This information relates only to the provision/s amending the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 12) on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 108) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Endnotes

3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication.

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No. 74 of 2001 Endnotes

4 Explanatory details No entries at date of publication.