BIA Vic has its say

The Draft Marine Safety Regulations 2011 and the Options Paper for Marine Licensing in Victoria were released by the Department of Transport in August and outline two very important issues that will impact the recreational boating public and industry.

The information provided by the Department of Transport can be viewed on the website: www.transport.vic.gov.au and is a comprehensive set of documents that define the proposed measures and how they may impact recreational boaters.

BIAV acknowledge that both documents are only proposals and that the government has no set view on the draft regulations. The Minister for Ports, Dr Denis Napthine has publicly clarified a position on the way boat licensing is to be conducted.

Victorian recreational boaters need to be aware of the proposed measures and encouraging the boating public to voice an informed opinion on the proposed reforms is BIAV's clear intention.

BIAV welcome the Minister’s statement and will be working with the State government to promote the education and skills training that are currently available to all Victorian recreational boaters.

BIAV acknowledge the Department of Transport’s efforts in continuing to consult widely on the proposed regulations and will be meeting with the Department and Minister for Ports shortly to continue consultation.

BIAV interpretations of the draft Marine Safety Regulations are that higher penalty offences and an increase in the number of ways in which boaters could incur these penalties (than currently occur in the Marine Regulations 2009) are proposed. BIAV are absolutely opposed to the increased penalties as proposed.

BIAV acknowledge there is confusion regarding the terms penalty, penalty infringement, offence and infringement. BIAV are committed to clarifying these terms and have asked the Department of Transport to provide a fact sheet so that recreational boaters can more readily understand the terminology and how they relate to the proposed regulations.

BIAV commit to publishing this fact sheet for recreational boaters to view on the BIAV website.

The Minister has stated that there will be flexibility in the proposed penalties. BIAV welcome this statement.

BIAV welcome this debate and the justified concern expressed by recreational boaters to the government regarding possible negative impacts of the proposed regulations.

There are documents and statements attributed to BIAV within articles published by The Weekly Times (7th and 14th December 2011) that require further clarification.

The Weekly Times (7th December) attributes comment to an internal BIAV document that explains to our members that we have concerns with the proposed Marine Safety Regulations 2011 via the higher penalties and the inclusion of more numerous breaches that generate these higher penalties for boaters.

The document is a comparison between current, proposed penalties and prescribed breaches of regulations (the way in which these regulations can be infringed or broken by Victorian boaters) that creates an offence and leads to the higher penalty.

BIAV acknowledges that the document has confused the author of the article and has led to reporting that states ‘174 new regulations and 81 new offences’.

The Weekly Times article published (14th December) states a BIAV document was supplied to the author that showed examples of regulations which currently only attract a court imposed penalty would attract on-the-spot-fines under the proposed regulations. BIAV support this statement.

BIAV assert that the document attributed to BIAV does not supply examples of on-the-spot fines as reported in The Weekly Times and that information supplied was contrary to that published in the table (page 5) containing the penalties for changes to Marine Regulation 2009 r. 232.

BIAV acknowledge that the document has confused the author of the article and has led to reporting the prescribed sub-sections MSR r. 91 f) and g) as on-the-spot fines.

MSR r. 91 f) and g) are proposed to remain breaches creating an offence that is to be tested in court. 

The BIAV acknowledge that the words Court imposed offence and court imposed penalty prescribed for MSR r. 91 f) and g) are confused by the author. The penalty is the maximum court penalty.