Victorian Numbered Acts

DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 160

After Part 2.2 of the Marine Safety Act 2010 insert —

" Part 2.2A—Safety duty of port of Melbourne operator

        25     Duty of port of Melbourne operator to ensure safety of marine safety infrastructure operations

    (1)     The port of Melbourne operator must, so far as is reasonably practicable, ensure the safety of marine safety infrastructure operations carried out by it or supplied to it in the port of Melbourne.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

    (2)     Without limiting subsection (1), the port of Melbourne operator contravenes that subsection if the port of Melbourne operator fails to do any of the following—

        (a)     provide or maintain marine safety infrastructure that is, so far as is reasonably practicable, safe;

        (b)     provide or maintain systems of marine safety work that are, so far as is reasonably practicable, safe;

        (c)     provide, so far as is reasonably practicable, such—

              (i)     information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe; and

              (ii)     information to persons (other than marine safety workers) at, or in the immediate area around, a place where marine safety work is being performed as is necessary to enable those persons to ensure their safety.

    (3)     An offence against subsection (1) is an indictable offence.".