To what standard must the port of Melbourne operator ensure the safety of marine safety infrastructure operations that it carries out or that are supplied to it in the port of Melbourne?
Based on: Marine Safety Act s 25(1)
Victoria Marine Licence Test · Duties
Victoria Marine Licence Test Practice Questions: Duties and Incidents (2026)
Two duties anchor this topic. First, under section 91 of the Marine Safety Act 2010 (Vic), a master who believes a person in the vicinity is in distress must proceed with all practicable speed to assist, unless unable to do so or it would be unsafe, unreasonable or unnecessary; failing carries 60 penalty units and can cost the master their licence after an investigation. Second, section 93 scripts exactly what a master must do after a reportable incident: stop and secure the vessel, render assistance, exchange particulars, and report to police, with penalties that scale with the harm done.
Practice
Free practice questions
Under the duty to ensure the safety of marine safety infrastructure operations, what is the maximum penalty for a body corporate that contravenes the duty?
Based on: Marine Safety Act s 25(1)
According to the duty owed by the port of Melbourne operator, which of the following is given as an example of conduct that contravenes the duty?
Based on: Marine Safety Act s 25(2)
An offence against the port of Melbourne operator's duty to ensure the safety of marine safety infrastructure operations is classified as what kind of offence?
Based on: Marine Safety Act s 25(3)
What must the port of Melbourne operator provide to marine safety workers so far as is reasonably practicable, as part of its safety duty?
Based on: Marine Safety Act s 25(2)
A duty holder who manages a boating activity event must ensure, so far as is reasonably practicable, the safety of which persons?
Based on: Marine Safety Act s 25A(1)
For a natural person, what is the maximum penalty for a duty holder who contravenes the duty to ensure the safety of participants in a boating activity event?
Based on: Marine Safety Act s 25A(1)
As part of the duty owed when managing a boating activity event, what must a duty holder ensure is available to participants, so far as is reasonably practicable?
Based on: Marine Safety Act s 25A(3)
For the purposes of the boating activity event duty, when is a duty holder taken to 'manage' a boating activity event?
Based on: Marine Safety Act s 25A(4)
Which of the following is expressly excluded from the definition of a 'boating activity event'?
Based on: Marine Safety Act s 25A(5)
Helping others, and using distress signals honestly
The duty to assist is deliberately broad: it is triggered by the master's belief that another person in the vicinity of the vessel is in distress, and the only outs are inability or a judgment that assisting would be unsafe, unreasonable or unnecessary in the circumstances. Distress signalling is regulated at both ends under section 90: every vessel must be provided, in accordance with the regulations, with the means of making distress signals, and a person on board must not knowingly use or display a recognised distress signal except when the vessel is actually in distress, at 20 penalty units. A false signal can also become expensive beyond the fine, because compensation may cover any work undertaken, risk incurred or loss sustained by others who treated it as genuine.
After a reportable incident: the section 93 script
Where a reportable incident kills or injures a person, causes significant damage to property, or property is lost or destroyed, the master of an involved vessel must run the full sequence. First, immediately stop the vessel, drop anchor or otherwise secure it. Second, immediately render such assistance as they can to anyone injured. Third, give their own name and address, the vessel owner's name and address, and the vessel's identifying mark to any person injured, the owner of damaged property, a person representing either, and any police officer present. Fourth, if a person is injured, or property is damaged with no owner or representative present, and no police officer attends the scene, the master must report in person as soon as possible, with full particulars, at the most accessible police station that is open, or the next most accessible one if it is not. Owners and masters of domestic commercial vessels and regulated Australian vessels (other than customs vessels) carry an additional duty under section 94 to report full particulars to Safe Transport Victoria in writing as soon as possible, at 10 penalty units, and section 270 lets the Chief Commissioner of Police pass incident information to Safe Transport Victoria.
Organised events carry their own safety duty
The Act also examines duties beyond the individual skipper. Under section 25A, a duty holder who organises, facilitates or controls a boating activity event must ensure, so far as is reasonably practicable, the safety of participants and of persons affected by the event, including providing participants with safety information and ensuring rescue and first aid capabilities or services are available. The penalties are heavyweight: up to 1800 penalty units for a natural person and 9000 for a body corporate. A duty holder is an employer or self-employed person within the meaning of the Occupational Health and Safety Act 2004, expressly excluding employees and volunteers, and the definition of a boating activity event excludes informal group cruising and pyrotechnic displays while capturing events like races, water sports competitions and school kayak excursions.
| Circumstance | Maximum penalty |
|---|---|
| Death or serious injury; master fails to stop, secure or render assistance | 6 months imprisonment or 60 penalty units, or both (s 93(3)) |
| Death or serious injury; master fails to give particulars or report to police | 60 penalty units (s 93(4)) |
| A person injured; master fails the section 93(2) duties | 60 penalty units (s 93(5)) |
| No one killed or injured; duties not met | 10 penalty units (s 93(6)) |
| On any conviction under section 93 | Court may cancel the marine licence and disqualify for up to 8 years (s 93(7)) |
FAQ
Frequently asked questions
What must I do after a boating accident in Victoria?
Under section 93(2) of the Marine Safety Act 2010 (Vic): immediately stop the vessel, drop anchor or otherwise secure it, immediately render such assistance as you can to anyone injured, give your name and address, the owner's name and address and the vessel's identifying mark to the injured person or property owner and any police officer present, and if someone is injured and no police officer attends, report in person at the most accessible open police station as soon as possible.
Do I have to help another boater in distress in Victoria?
Yes. Section 91 of the Marine Safety Act 2010 (Vic) requires the master of a recreational vessel who believes a person in the vicinity is in distress to cause the vessel to proceed with all practicable speed to assist, unless the master is unable to do so or considers it unsafe, unreasonable or unnecessary in the circumstances. The penalty for failing is 60 penalty units.
What details must I exchange after a boating incident in Victoria?
Your own name and address, the name and address of the vessel's owner, and the identifying mark of the vessel, under section 93(2)(c) of the Marine Safety Act 2010 (Vic). They go to any person injured, the owner of any damaged property, a person representing the injured person or owner, and any police officer present at the scene.
Can I lose my marine licence for not helping someone in distress?
Yes. Section 91(2) of the Marine Safety Act 2010 (Vic) provides that if a master contravenes the duty to assist a person in distress, an investigation may be conducted into the master's conduct and the marine licence may be cancelled or suspended. A conviction under the incident-reporting section 93 can go further: disqualification for up to 8 years and cancellation of the licence.
Is it an offence to set off a distress signal when not in distress in Victoria?
Yes. Under section 90(2) of the Marine Safety Act 2010 (Vic), a person on board a vessel must not knowingly use or display a recognised distress signal except when the vessel is in distress, with a penalty of 20 penalty units. Compensation can also be ordered for any work undertaken, risk incurred or loss sustained by others who responded to the false signal (section 90(3)).