What's your interpretation ?

Submitted: Monday, Apr 04, 2016 at 19:35
ThreadID: 132028 Views:2710 Replies:14 FollowUps:12
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A few mates and I are going to Cape York fishing in October this year, this in itself is not a problem.

However we are from the NT and we don't need to register our boats in the NT, but my old man who now lives in QLD says we have to register them to use them in QLD.

So I look up the regulations and found this.

"interstate registered recreational boats on an interstate voyage do not require Queensland registration when
in Queensland waters"

What do people think ? All drivers will have a Coxswain 1 certificate.

Steve.



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Reply By: Member - Tony H (touring oz) - Monday, Apr 04, 2016 at 20:09

Monday, Apr 04, 2016 at 20:09
When in Rome.....do as the Romans do......
If Queenslanders require a licence to operate a boat in Qld, then you as a visitor will require a licence......
Quote..
"interstate registered recreational boats on an interstate voyage do not require Queensland registration when in Queensland waters"

My interpretation and I'm not a lawyer.....
You state your boat is not registered (because you not have to in the NT) fair enough......but your not on an interstate VOYAGE your on an interstate road trip.
When in Qld you have to follow Qld road rules & MARITIME rules.
Being Coxwain certificate 1 holders surely you must have respect for rules and regulations
Rant over......enjoy your trip

Insanity doesnt run in my family.... it gallops!

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Follow Up By: Steve in Kakadu - Monday, Apr 04, 2016 at 20:36

Monday, Apr 04, 2016 at 20:36
I have full respect and knowledge of my requirements as a Coxswain as do my friends, however this trip is not for hire or reward.

Definition of voyage

Hence my question.
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Reply By: fisho64 - Monday, Apr 04, 2016 at 20:40

Monday, Apr 04, 2016 at 20:40
I wouldnt bother, there are plenty of beaurocrats who will find you and tell you if you do have to,
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Reply By: Member - Beatit (QLD) - Monday, Apr 04, 2016 at 20:42

Monday, Apr 04, 2016 at 20:42
G'day Steve,

I don't know the legalities BUT when I travel my boat is registered (yes I'm in Qld) and I have to have a recreational boating licence as well. I assume that it will be OK in other states but I don't really know (yes I know ignorance is no defence).

Some states (and I guess territories) do not require this so I assume that this will carry into other states. I reason this, that we freely travel within Australia with vehicles or boats in this case and they satisfy the registration requirements of the state (or territory) in which you reside. So if NT has zero registration requirements for boats then it seems to follow that this should be OK in other states.

I also imagine that your coxswain ticket should suffice using the same logic.

Kind regards
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Follow Up By: Steve in Kakadu - Monday, Apr 04, 2016 at 21:07

Monday, Apr 04, 2016 at 21:07
Yeah WA let you use your boat for 3 months as does VIC, before it becomes a problem.

I am not sure about the others.
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Reply By: Ozi M - Monday, Apr 04, 2016 at 20:45

Monday, Apr 04, 2016 at 20:45
I think that as the boat is not required to be registered in the NT that QLD cops will know this.

I think your Coxswain certificate would trump a boat licence so I reckon you would be OK.

Good luck, if you get caught just plead Top Ender Madness
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Reply By: Athol W1 - Monday, Apr 04, 2016 at 21:17

Monday, Apr 04, 2016 at 21:17
Steve.
As far as I can see you will need to register the boat in Qld as it is not registered in another state or Territory under a corresponding law.
I refer to the Transport Operations (Maritime Safety) Regulations 2004
Where Pt 5 Div 1 requires all ships to be registered in Qld, however
Pt 5, Div 2 lists the exemptions to the above rule and Section g(1
which states
a recreational ship on a Queensland intrastate voyage, or
an interstate voyage in Queensland waters, if—
(i) the ship is registered under a law of another State
about the registration of ships;
As there is no other law in NT about the registration of ships then it appears to me that you will have to obtain Qld rego.

However there is a similar requirement in the Road Rules applying to motor vehicles from interstate, and there is no requirement in Victoria to have your box or boat trailer registered under certain conditions ( I believe that they are no wider than the hauling unit and they are only light trailers (GTM not exceeding 750kg)), and due to this lack of a registration requirement in Vic these trailers are allowed to travel throughout Qld, and possibly Australia, provided that they are being towed behind a Vic registered vehicle.

Just my opinion.
Regards
Athol
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Reply By: Malcom M - Tuesday, Apr 05, 2016 at 07:05

Tuesday, Apr 05, 2016 at 07:05
Maybe email the QLD transport dept and ask them?
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Follow Up By: Nomadic Navara - Tuesday, Apr 05, 2016 at 08:27

Tuesday, Apr 05, 2016 at 08:27
Why, the situation is quite clear.

Quote "interstate registered recreational boats on an interstate voyage do not require Queensland registration when in Queensland waters"

The situation is as follows:
1.. You must have your boat registerd to operate it in Qld.
2.. Qld accepts registered interstate boats as being registered for use in Qld...
3.. The OPs boat is not registered anywhere.
4.. The OP will have to get the boat registered somewhere before using it in Qld.
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Follow Up By: vk1dx - Tuesday, Apr 05, 2016 at 09:50

Tuesday, Apr 05, 2016 at 09:50
Spot on Peter.

The boat is not an "interstate registered recreational boat"! Thus the quote does NOT APPLY. No matter how you try to change it. Or how it get's there.

Even by shuttle craft from the USS Enterprise it does NOT APPLY simply because the boat is not registered.

Simple Steve; As Peter said the boat needs to be registered in QLD.

Phil
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Reply By: Old 55 - Tuesday, Apr 05, 2016 at 09:24

Tuesday, Apr 05, 2016 at 09:24
A few years ago we brought our boat down from Darwin to QLD and were told by QLD police that they would book us if we took the boat off the Trailer as it was unregistered in any state. Have been checked twice while on QLD waterways for both Boat licence and registration.

Bit of a dilemma when you come from the NT. I have since got a Vic boat licence.
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Reply By: brushmarx - Tuesday, Apr 05, 2016 at 09:25

Tuesday, Apr 05, 2016 at 09:25
Just throw a few fake tatts on the arms if you don't have real ones, and tell everyone you are members of a bikie gang and donate to the Unions.
The way our third rate Premier is going you will probably get paid for using our waters.
Other than that, I figure the rules can be over thought. If your registered vehicles can be used legally on the roads, I would have thought your boats which have all necessary NT Registration (nil) would also comply.
Cheers
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Reply By: gelatr - Tuesday, Apr 05, 2016 at 10:02

Tuesday, Apr 05, 2016 at 10:02
I would certainly check with the relevant authorities. Having been booked by Qld Fisheries and Wildlife Officers for a misdemeanour relating to a very minor on water offence I would go straight to the people that enforce the rules. Keep in mind that both Police and Fisheries and Wildlife Officers have the authority to enforce relevant on water rules in Qld and I have found Fisheries and Wildlife Officers pedantic. My last misdemeanour cost me $220 and as I said it was a very minor offence. (I'm not complaining because rules are rules and It was due to carelessness on my part that I was breaking one).

So personally as your request is in the grey area of law I would seek clarification from the people that enforce the rules.

Geoff
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Reply By: Steve in Kakadu - Tuesday, Apr 05, 2016 at 10:10

Tuesday, Apr 05, 2016 at 10:10
Yep I rang the QLD marine branch this morning and we need to registered the boats no if buts or maybes, we can't do it until we get there and we have to put them over the pits we then have to have proof of this that and the other.

There is no temporary fee so it is $194 regardless.

So on research it looks easier to do it in SA as they do a 6 month boat rego for $63, or we may try a year rego in VIC at $84, so we will probably do which ever one is easier instead.

Thanks for the comments above.
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Follow Up By: ExplorOz Team - Michelle - Tuesday, Apr 05, 2016 at 11:23

Tuesday, Apr 05, 2016 at 11:23
very interesting!
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Follow Up By: Baz - The Landy - Tuesday, Apr 05, 2016 at 14:04

Tuesday, Apr 05, 2016 at 14:04
Sounds like a bit of a hassle, albeit you need to do it.

Presumably you will need to have the registration number put on the boat for it to comply with the Queensland registration requirements.

Enjoy the holiday…Baz
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Follow Up By: Member - Beatit (QLD) - Tuesday, Apr 05, 2016 at 19:17

Tuesday, Apr 05, 2016 at 19:17
Sounds like I might be on my own here but I think it sounds wrong. No legal experience mind you but how can QLD tax an NT boat owner just because NT has no registration for boats! We don't have that generally applied to cars and boats from other states.

Kind regards
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Follow Up By: Motherhen - Tuesday, Apr 05, 2016 at 23:32

Tuesday, Apr 05, 2016 at 23:32
How can you register a boat in a state where you do not have a "permanent address" Steve?

Then there is the need for a Marine Licence (Skipper's Ticket).

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Follow Up By: vk1dx - Wednesday, Apr 06, 2016 at 07:24

Wednesday, Apr 06, 2016 at 07:24
Beatit: "how can QLD tax an NT boat owner" -- Easy. It's in their waters.

MH: Interesting point.

Phil
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Follow Up By: Steve in Kakadu - Wednesday, Apr 06, 2016 at 07:26

Wednesday, Apr 06, 2016 at 07:26
As it turns out I can't register it in other states as I don't need to, they accept the fact that the NT do not have a system to register your boat therefore I can use my boat in those states for 3 months before it becomes a problem.

QLD told me that I can register my boat in QLD even though I live in the NT, however I will ring Seisia police today and ask them what they expect from us.

Lets see if common sense prevails.
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Follow Up By: Steve in Kakadu - Wednesday, Apr 06, 2016 at 07:28

Wednesday, Apr 06, 2016 at 07:28
As for my skippers ticket, a Coxswain 1 certificate is recognized world wide as a skippers ticket.
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Follow Up By: Member - Beatit (QLD) - Wednesday, Apr 06, 2016 at 12:20

Wednesday, Apr 06, 2016 at 12:20
Makes sense to me Steve, it may also be worthwhile asking NT transport regarding what arrangements are in place for other states. You might be lucky and someone may point you to a piece of legislation that states the arrangement and having that will be useful I would imagine if challenged.

Kind regards
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Reply By: garrycol - Tuesday, Apr 05, 2016 at 12:08

Tuesday, Apr 05, 2016 at 12:08
Similar situations exist elsewhere - small Vic trailers require no rego - are they legal to be taken in other states.

Also - remember when no rego labels first came in SA and Vic cops were booking SA vehicles for not having labels as required by Vic law - took a while for common sense to apply.
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Reply By: tonysmc - Tuesday, Apr 05, 2016 at 13:06

Tuesday, Apr 05, 2016 at 13:06
Steve,
For peace of mind I would also apply for the Queensland "marine licence indicator card" which can be done online before you go. I know you have a Coxswain licence, however when dealing with some idiot bureaucrat up some remote river it may pay to have their locally recognised card on your person.
The "marine licence indicator card" is a licence card they give you that states that your interstate or overseas licence is accepted.

Tony.
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Reply By: Member - Odog - Tuesday, Apr 05, 2016 at 18:41

Tuesday, Apr 05, 2016 at 18:41
Suppose, you would have to comply with the safety gear thing as well, in NSW, depends where your going to fish, and size of the boat.. Sometimes I think it's such a pain in the butt, I contemplate selling mine.. Pay for this, pay for that, can't fish here, can't fish there.. Like they are trying to get rid of the recreational fisherman/woman.. Good luck and tight lines.. Odog
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Reply By: Dion - Wednesday, Apr 06, 2016 at 00:25

Wednesday, Apr 06, 2016 at 00:25
Probably less stress to head west and go fishing in the Kimberly instead.
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