Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


TRANSPORT LEGISLATION (PORT PILOTAGE) AMENDMENT BILL 2013

           Queensland



Transport Legislation (Port
Pilotage) Amendment
Bill 2013

 


 

 

Queensland Transport Legislation (Port Pilotage) Amendment Bill 2013 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Maritime Safety Queensland Act 2002 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 4 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 5 6 Amendment of s 12 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 12A (Preservation of rights of particular public service officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 12B (Tenure as public service officer on ending of particular employment contracts) . . . . . . . . . . . . . . . . . . . . . . . 6 9 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2A Transfer of pilotage services Division 1 Preliminary 12C Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12D Who is the new employer of a transferred employee . 8 12E What is a transferred pilotage area . . . . . . . . . . . . . . 9 Division 2 Transfer of assets and liabilities, etc. 12F Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3 Transfer of employees and contracts 12G Matters for transfer of transferred employees. . . . . . . 11 12H Preservation of rights of transferred employees . . . . . 12 12I Contracts relating to transferred pilots . . . . . . . . . . . . 14 12J Pilotage service contracts . . . . . . . . . . . . . . . . . . . . . 14 Division 4 Other matters for transferring pilotage services

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Contents 12K Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12L Disposal of public records . . . . . . . . . . . . . . . . . . . . . 16 12M Application of instruments . . . . . . . . . . . . . . . . . . . . . 16 12N Registering authority to note transfer or other dealing 18 12O Part applies despite other laws and instruments . . . . 19 12P Effect on legal relationships . . . . . . . . . . . . . . . . . . . . 19 12Q Things done under this part . . . . . . . . . . . . . . . . . . . . 20 12R Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 10 Amendment of s 13 (Fund). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 11 Amendment of s 18 (Recording MSQ's changed name in register) 21 12 Insertion of new pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 Transitional provisions for Transport Legislation (Port Pilotage) Amendment Act 2013 19 Immunity for general employers . . . . . . . . . . . . . . . . . 22 20 Licences of transferred pilots not affected by transfer of pilotage services. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 References to the State or MSQ in documents . . . . . 23 13 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 3 Amendment of Transport Infrastructure Act 1994 14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 15 Amendment of s 276 (Port services function) . . . . . . . . . . . . . . . 25 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 17 Amendment of s 30 (What is the system that is established). . . . 27 18 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43A General obligation on managing pilotage entity to provide piloted movement of ships safely. . . . . . . . . . 27 19 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 71A Who is the responsible pilotage entity for a compulsory pilotage area . . . . . . . . . . . . . . . . . . . . . . 28 20 Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 88A Direction to managing pilotage entity about pilotage services ................................. 28 21 Amendment of s 101 (Immunity for pilots and general employers) 28 22 Amendment of s 102A (Restriction on conduct of ship by pilot) . . 29 23 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 29 Page 2

 


 

2013 A Bill for An Act to amend the Maritime Safety Queensland Act 2002, the Transport Infrastructure Act 1994 and the Transport Operations (Marine Safety) Act 1994 for particular purposes

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Transport Legislation (Port 4 Pilotage) Amendment Act 2013. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Maritime Safety 8 Queensland Act 2002 9 Clause 3 Act amended 10 This part amends the Maritime Safety Queensland Act 2002. 11 Clause 4 Amendment of s 4 (Purpose of Act) 12 (1) Section 4, heading, `Purpose'-- 13 omit, insert-- 14 Purposes 15 (2) Section 4, `The purpose'-- 16 omit, insert-- 17 The main purpose 18 (3) Section 4-- 19 insert-- 20 Page 4

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 5] (2) This Act also facilitates the transfer from 1 Maritime Safety Queensland to port authorities 2 of the function of providing, or arranging for the 3 provision of, pilotage services in particular 4 compulsory pilotage areas. 5 Clause 5 Amendment of s 8 (Functions and powers of MSQ) 6 (1) Section 8(1)(e)-- 7 renumber as section 8(1)(f). 8 (2) Section 8(1)-- 9 insert-- 10 (e) to monitor and manage-- 11 (i) the provision by the responsible 12 pilotage entity for a compulsory 13 pilotage area of pilotage services; and 14 (ii) arrangements made by the responsible 15 pilotage entity for a compulsory 16 pilotage area for providing pilotage 17 services; 18 (3) Section 8-- 19 insert-- 20 (3) In this section-- 21 responsible pilotage entity, for a compulsory 22 pilotage area, does not include MSQ. 23 Clause 6 Amendment of s 12 (Employees) 24 (1) Section 12(1)(a) and (2), `marine'-- 25 omit. 26 (2) Section 12(2), from `satisfied'-- 27 omit, insert-- 28 Page 5

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 7] satisfied the individual is licensed under TOMSA as a 1 pilot. 2 Clause 7 Amendment of s 12A (Preservation of rights of particular 3 public service officers) 4 Section 12A(1)(a), `marine'-- 5 omit. 6 Clause 8 Amendment of s 12B (Tenure as public service officer on 7 ending of particular employment contracts) 8 Section 12B(1)(a), `marine'-- 9 omit. 10 Clause 9 Insertion of new pt 2A 11 After section 12B-- 12 insert-- 13 Part 2A Transfer of pilotage 14 services 15 Division 1 Preliminary 16 12C Definitions for pt 2A 17 In this part-- 18 asset includes a right. 19 Gladstone port authority means Gladstone Ports 20 Corporation Limited ACN 131 965 896. 21 Gladstone ports entity means-- 22 (a) if, before the transfer day, Gladstone port 23 authority entered into a written agreement 24 with a subsidiary of Gladstone port 25 Page 6

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] authority for the subsidiary to provide 1 pilotage services and the general manager 2 approves the agreement--the subsidiary; or 3 (b) otherwise--Gladstone port authority. 4 new employer, of a transferred employee, see 5 section 12D. 6 pilot transfer crew member means a person-- 7 (a) who, immediately before the transfer day, 8 was an employee of the State; and 9 (b) to whom the Maritime Safety Queensland 10 Gladstone Pilot Transfer Crew Certified 11 Agreement 2009-2012 applied immediately 12 before the transfer day. 13 transfer day means the day this part commences. 14 transfer notice see section 12F. 15 transferred administration employee means a 16 person who-- 17 (a) immediately before the transfer day was an 18 employee of the State and employed under 19 the Public Service Act 2008; and 20 (b) was offered by a port authority or Gladstone 21 ports entity (each a receiving entity) a 22 transfer of employment from the State to the 23 receiving entity, and for the employment to 24 start on the transfer day; and 25 (c) accepted the receiving entity's offer before 26 the transfer day. 27 transferred employee means any of the 28 following-- 29 (a) a pilot transfer crew member; 30 (b) a transferred administration employee; 31 (c) a transferred pilot. 32 Page 7

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] transferred pilot means a person who-- 1 (a) immediately before the transfer day was an 2 employee of the State and based in the 3 department's regional office in Cairns, 4 Gladstone, Mackay or Townsville; and 5 (b) was employed under section 12(1)(a) as a 6 pilot. 7 transferred pilotage area see section 12E. 8 12D Who is the new employer of a transferred 9 employee 10 The new employer of a transferred employee is-- 11 (a) for a transferred employee who is a 12 transferred pilot-- 13 (i) if the transferred pilot was based in the 14 department's regional office in Cairns 15 immediately before the transfer 16 day--Far North Queensland Ports 17 Corporation Limited ACN 131 836 18 014; or 19 (ii) if the transferred pilot was based in the 20 department's regional office in 21 Gladstone immediately before the 22 transfer day--Gladstone ports entity; 23 or 24 (iii) if the transferred pilot was based in the 25 department's regional office in Mackay 26 immediately before the transfer 27 day--North Queensland Bulk Ports 28 Corporation Limited ACN 136 880 29 218; or 30 (iv) if the transferred pilot was based in the 31 department's regional office in 32 Townsville immediately before the 33 Page 8

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] transfer day--Port of Townsville 1 Limited; or 2 (b) for a transferred employee who is a pilot 3 transfer crew member--Gladstone ports 4 entity; or 5 (c) for a transferred employee who is a 6 transferred administration employee--the 7 port authority or Gladstone ports entity that 8 offered the employee transfer of 9 employment. 10 12E What is a transferred pilotage area 11 (1) A transferred pilotage area is a compulsory 12 pilotage area, other than the following-- 13 (a) Brisbane pilotage area; 14 (b) Southport pilotage area. 15 (2) In this section-- 16 Brisbane pilotage area means the area of 17 Queensland waters declared to be a compulsory 18 pilotage area under TOMSA that is referred to by 19 that name. 20 Southport pilotage area means the area of 21 Queensland waters declared to be a compulsory 22 pilotage area under TOMSA that is referred to by 23 that name. 24 Division 2 Transfer of assets and 25 liabilities, etc. 26 12F Transfer notice 27 (1) For the purpose of the transfer of pilotage 28 services, the Minister may, by gazette notice (a 29 transfer notice), do any of the following-- 30 Page 9

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (a) transfer an asset or a liability of the State to 1 a port authority; 2 (b) make provision about the consideration for 3 an asset or a liability transferred under 4 paragraph (a); 5 (c) transfer a lease, easement or other right 6 from the State to a port authority; 7 (d) vary or extinguish a lease, easement or other 8 right held by the State; 9 (e) provide whether and, if so, the extent to 10 which a port authority is the successor in 11 law of the State; 12 (f) make provision for a legal proceeding that is 13 being, or may be, taken by or against the 14 State to be continued or taken by or against 15 a port authority; 16 (g) make provision for or about the issue, 17 transfer or application of an instrument to a 18 port authority; 19 (h) make provision about an incidental, 20 consequential or supplemental matter the 21 Minister considers necessary or convenient 22 for transferring a pilotage service. 23 (2) A transfer notice may include conditions 24 applying to something done or to be done under 25 the notice. 26 (3) If the Minister is satisfied it would be 27 inappropriate for a particular matter to be stated 28 in a transfer notice (for example, because of the 29 size or nature of the matter), the Minister may 30 provide for the matter by including a reference in 31 the transfer notice to another document that is-- 32 (a) signed by the Minister; and 33 Page 10

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (b) kept available, at a place stated in the 1 transfer notice, for inspection by the persons 2 to whom the matter relates. 3 (4) The transfer of a liability of the State under a 4 transfer notice discharges the State from the 5 liability, except to the extent stated in the notice. 6 (5) A transfer notice has effect on the day it is 7 published in the gazette or a later day stated in it. 8 (6) If a transfer notice makes provision for a matter 9 under subsection (1)(g) in relation to an 10 instrument, the responsible entity for the 11 instrument must take the action necessary to 12 register or record the effect of the transfer notice, 13 including-- 14 (a) updating a register or other record; and 15 (b) amending, cancelling or issuing an 16 instrument. 17 (7) In this section-- 18 port authority includes Gladstone ports entity. 19 responsible entity, for an instrument, means the 20 entity required or authorised by law to register or 21 record matters in relation to the instrument. 22 Division 3 Transfer of employees and 23 contracts 24 12G Matters for transfer of transferred employees 25 (1) On the transfer day-- 26 (a) a transferred employee ceases to be an 27 employee of the State; and 28 (b) a transferred employee becomes an 29 employee of the new employer for the 30 transferred employee; and 31 Page 11

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (c) for a transferred employee who is a 1 transferred pilot or a pilot transfer crew 2 member--the transferred employee is 3 employed on the same conditions on which 4 the transferred employee was employed by 5 the State; and 6 Example of a condition of employment-- 7 employment on a part-time or full-time basis 8 (d) the State's records for a transferred 9 employee become records of the new 10 employer for the transferred employee; and 11 (e) the State's liabilities relating to a transferred 12 employee's accrued rights to annual, sick, 13 long service or other leave become the 14 liabilities of the new employer for the 15 transferred employee. 16 (2) In this section-- 17 records means the records of the State that have 18 been identified by the general manager before the 19 transfer day as records about the employment of 20 a transferred employee who is to be transferred to 21 the new employer for the transferred employee. 22 12H Preservation of rights of transferred 23 employees 24 (1) The transfer of a transferred employee to the new 25 employer for the transferred employee does 26 not-- 27 (a) subject to subsection (2), affect the 28 employee's total remuneration; or 29 (b) prejudice the employee's existing or 30 accruing rights to superannuation or annual, 31 sick or long service leave; or 32 (c) interrupt continuity of service, except that 33 the employee is not entitled to claim the 34 Page 12

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] benefit of a right or entitlement more than 1 once in relation to the same period of 2 service; or 3 (d) subject to subsection (3)-- 4 (i) constitute a retrenchment, redundancy 5 or termination of the employee's 6 employment by the State; or 7 (ii) entitle the employee to a payment or 8 other benefit because the employee is 9 no longer employed by the State; or 10 (e) require the State to make any payment to the 11 employee in relation to the employee's 12 accrued rights to annual, sick or long service 13 leave irrespective of any arrangement 14 between the State and the employee. 15 (2) A transferred administration employee's total 16 remuneration on the employee's transfer from the 17 State to the new employer for the employee may 18 be equal to or greater than the employee's total 19 remuneration immediately before the transfer. 20 (3) Subsection (1)(d) applies to a transferred pilot 21 subject to the Fair Work Act. 22 (4) Subsection (5) applies if a transferred employee 23 is a transferred pilot or a pilot transfer crew 24 member. 25 (5) Subject to the Fair Work Act, an industrial 26 instrument applying to the transferred employee 27 immediately before the transfer day continues to 28 apply to the employee after the transfer day. 29 (6) In this section-- 30 industrial instrument includes a federal 31 industrial instrument under the Industrial 32 Relations Act 1999. 33 Page 13

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] 12I Contracts relating to transferred pilots 1 (1) This section applies to a contract entered into by 2 the State relating or incidental to the employment 3 of a transferred pilot that was in force 4 immediately before the transfer day. 5 Example-- 6 a contract for a mobile phone or lease of a vehicle that is 7 part of a transferred pilot's salary package provided by 8 the State 9 (2) On the transfer day, to the extent the contract 10 applies to the transferred pilot-- 11 (a) the new employer for the transferred pilot 12 takes the place of the State as a party to the 13 contract; and 14 (b) the contract may be enforced by or against 15 the new employer. 16 (3) Compensation is not recoverable from the State 17 or anyone else in relation to the transfer from the 18 State to the new employer for the transferred 19 pilot of the rights and obligations under a 20 contract to which this section applies. 21 (4) In this section-- 22 contract, for a contract that only partly relates to 23 a transferred pilot, means that part of the contract 24 relating to the transferred pilot. 25 12J Pilotage service contracts 26 (1) This section applies to a contract for services, 27 entered into by the State for the supply of a 28 pilotage service or pilotage services in 1 or more 29 transferred pilotage areas, that was in force 30 immediately before the transfer day. 31 (2) On the transfer day, to the extent the contract 32 applies to a transferred pilotage area-- 33 Page 14

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (a) the pilotage entity for the transferred 1 pilotage area takes the place of the State as a 2 party to the contract; and 3 (b) the contract may be enforced by or against 4 the pilotage entity. 5 (3) Compensation is not recoverable from the State 6 or anyone else in relation to the transfer from the 7 State to the pilotage entity for each of the 8 transferred pilotage areas of the rights and 9 obligations under a contract to which this section 10 applies. 11 (4) In this section-- 12 Bundaberg pilotage area means the area of 13 Queensland waters declared to be a compulsory 14 pilotage area under TOMSA that is referred to by 15 that name. 16 contract, for a contract that only partly relates to 17 a pilotage service, means the part of the contract 18 relating to the pilotage service. 19 Gladstone pilotage area means the area of 20 Queensland waters declared to be a compulsory 21 pilotage area under TOMSA that is referred to by 22 that name. 23 pilotage entity, for a transferred pilotage area, 24 means-- 25 (a) for a transferred pilotage area that is Abbot 26 Point pilotage area--Port of Townsville 27 Limited; or 28 (b) for a transferred pilotage area that is 29 Bundaberg pilotage area, Gladstone pilotage 30 area or Rockhampton pilotage 31 area--Gladstone ports entity; or 32 (c) otherwise--the responsible pilotage entity 33 for the transferred pilotage area. 34 Page 15

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] Rockhampton pilotage area means the area of 1 Queensland waters declared to be a compulsory 2 pilotage area under TOMSA that is referred to by 3 that name. 4 Division 4 Other matters for 5 transferring pilotage 6 services 7 12K Non-liability for duty 8 No duty under the Duties Act 2001 is payable in 9 relation to anything done under a transfer notice. 10 12L Disposal of public records 11 (1) This section applies if-- 12 (a) a thing is done under a transfer notice or 13 section 12G; and 14 (b) the thing is, or involves, a disposal of a 15 public record under the Public Records Act 16 2002. 17 (2) To remove any doubt, it is declared that, for the 18 purpose of section 13 of that Act, the public 19 record is disposed of under legal authority, 20 justification or excuse. 21 12M Application of instruments 22 (1) This section applies if a transfer notice or section 23 12I or 12J provides for an instrument that applied 24 to the State to apply to a port authority in place of 25 the State. 26 (2) Without limiting the application of the transfer 27 notice or the section to the instrument-- 28 Page 16

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (a) any right, title, interest or liability of the 1 State arising under or relating to the 2 instrument is taken to be transferred from 3 the State to the port authority; and 4 (b) if the instrument, including a benefit or right 5 provided by the instrument, is given to, by 6 or in favour of the State, the instrument is 7 taken to have been given to, by or in favour 8 of the port authority; and 9 (c) the port authority is taken to be a party to the 10 instrument in place of the State; and 11 (d) a reference in the instrument to the State is, 12 to the extent possible and if the context 13 permits, taken to be a reference to the port 14 authority; and 15 (e) if an application was made for the 16 instrument in the name of the State, the 17 application is taken to have been made in the 18 name of the port authority; and 19 (f) if the instrument is an instrument under 20 which an amount is or may become payable 21 to or by the State, the instrument is taken to 22 be an instrument under which the amount is 23 or may become payable to or by the port 24 authority, in the way the amount was or 25 might have been payable to or by the State; 26 and 27 (g) if the instrument is an instrument under 28 which property, other than money, is or may 29 become liable to be transferred, conveyed or 30 assigned to or by the State, the instrument is 31 taken to be an instrument under which the 32 property is or may become liable to be 33 transferred, conveyed or assigned to or by 34 the port authority, in the way it was or might 35 have been liable to be transferred, conveyed 36 or assigned to or by the State. 37 Page 17

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (3) In this section-- 1 port authority includes Gladstone ports entity. 2 12N Registering authority to note transfer or other 3 dealing 4 (1) The registrar of titles or other person required or 5 authorised by law to register or record 6 transactions affecting assets or liabilities-- 7 (a) may, without formal application, register or 8 record in the appropriate way a transfer or 9 other dealing affecting an asset or liability 10 under a transfer notice; and 11 (b) must, on written application by a transferee 12 port authority, register or record in the 13 appropriate way the transfer of an asset or 14 liability under a transfer notice to the 15 transferee port authority. 16 (2) A transaction, related to an asset or liability 17 transferred to a transferee port authority, entered 18 into by the transferee port authority in the name 19 of the State or the name of a predecessor in title 20 to the State, if effected by an instrument 21 otherwise in registrable form, must be registered 22 even though the transferee port authority has not 23 been registered as proprietor of the asset or 24 liability. 25 (3) If an asset or liability is registered in the name of 26 the State, the registrar of titles or other 27 registering authority may register a dealing for a 28 transaction about the asset or liability without 29 being concerned to enquire whether it is, or is 30 not, an asset or liability transferred under a 31 transfer notice. 32 (4) In this section-- 33 port authority includes Gladstone ports entity. 34 Page 18

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] transferee port authority means the port 1 authority to which an asset or liability is 2 transferred under a transfer notice. 3 12O Part applies despite other laws and 4 instruments 5 Subject to the Fair Work Act, a thing may be done 6 under this part despite any other law or instrument. 7 12P Effect on legal relationships 8 (1) Nothing done under this part-- 9 (a) makes a relevant entity liable for a civil 10 wrong or contravention of a law, including 11 for a breach of a contract, confidence or 12 duty; or 13 (b) makes a relevant entity in breach of any 14 instrument, including an instrument 15 prohibiting, restricting or regulating the 16 assignment, novation or transfer of a right or 17 liability or the disclosure of information; or 18 (c) except as expressly provided under a 19 transfer notice, is taken to fulfil a condition 20 that-- 21 (i) terminates, or allows a person to 22 terminate, an instrument or obligation; 23 or 24 (ii) modifies, or allows a person to modify, 25 the operation or effect of an instrument 26 or obligation; or 27 (iii) allows a person to avoid or enforce an 28 obligation or liability contained in an 29 instrument or requires a person to 30 perform an obligation contained in an 31 instrument; or 32 Page 19

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (iv) requires any money to be paid before 1 its stated maturity; or 2 (d) releases a surety or other obligee, wholly or 3 partly, from an obligation. 4 (2) If, apart from this subsection, the advice, consent 5 or approval of a person would be necessary to do 6 something under this part, the advice is taken to 7 have been obtained or the consent or approval is 8 taken to have been given unconditionally. 9 (3) If, apart from this subsection, giving notice to a 10 person would be necessary to do something 11 under this part, the notice is taken to have been 12 given. 13 (4) In this section-- 14 relevant entity means-- 15 (a) the State or an employee or agent of the 16 State; or 17 (b) a port authority, Gladstone ports entity or an 18 employee or agent of a port authority or 19 Gladstone ports entity. 20 12Q Things done under this part 21 To remove any doubt, it is declared that a thing is 22 taken to be done under this part if it is done by, or in 23 compliance with, a transfer notice, even if the thing 24 includes taking steps under another Act. 25 12R Severability 26 (1) Subsection (2) applies if a provision of this part 27 or a transfer notice is held by a court or judge to 28 be beyond power, invalid or unenforceable. 29 (2) The provision is to be disregarded or severed and 30 the court's or judge's decision does not affect the 31 Page 20

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 10] remaining provisions of the part or transfer notice 1 that continue to have effect. 2 (3) This section does not affect the operation of the 3 Acts Interpretation Act 1954, section 9 in any 4 way. 5 Clause 10 Amendment of s 13 (Fund) 6 (1) Section 13(6) and (7)-- 7 renumber as section 13(7) and (8). 8 (2) Section 13-- 9 insert-- 10 (6) Without limiting subsection (5), an amount may 11 be paid from the fund to the responsible pilotage 12 entity for a compulsory pilotage area for 13 providing, or arranging for the provision of, a 14 pilotage service in the pilotage area. 15 Clause 11 Amendment of s 18 (Recording MSQ's changed name in 16 register) 17 Section 18(2)-- 18 omit. 19 Clause 12 Insertion of new pt 5, div 3 20 Part 5-- 21 insert-- 22 Page 21

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 12] Division 3 Transitional provisions for 1 Transport Legislation (Port 2 Pilotage) Amendment Act 3 2013 4 19 Immunity for general employers 5 (1) This section applies to a transferred pilot who 6 is-- 7 (a) a conducting pilot under TOMSA, section 8 101 if the conducting pilot-- 9 (i) is acting in the supply of a pilotage 10 service in a transferred pilotage area; 11 and 12 (ii) has the conduct of a ship as its pilot 13 immediately before and immediately 14 after the transfer day; or 15 (b) a supervising pilot, under section 101 of that 16 Act, of the conducting pilot. 17 (2) Despite TOMSA, section 101(5), definition 18 general employer, the general employer of the 19 transferred pilot for section 101 of that Act is 20 both-- 21 (a) MSQ; and 22 (b) the new employer of the transferred pilot. 23 (3) Subsection (2) applies while the conducting pilot 24 has the conduct of a ship as its pilot. 25 20 Licences of transferred pilots not affected by 26 transfer of pilotage services 27 To remove any doubt, it is declared that a transferred 28 pilot's licence to have the conduct of a ship as its pilot, 29 in force immediately before the transfer day, continues 30 Page 22

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 13] in force from the transfer day as if part 2A had not 1 commenced. 2 21 References to the State or MSQ in documents 3 (1) A reference to the State or MSQ in a document 4 about a transferred employee may, if the context 5 permits, be taken to be a reference to the new 6 employer for the transferred employee. 7 (2) A reference to the State or MSQ in a document 8 relating to the transfer of a pilotage service from 9 MSQ to a port authority may, if the context 10 permits, be taken to be a reference to the port 11 authority. 12 (3) In this section-- 13 port authority includes Gladstone ports entity. 14 Clause 13 Amendment of sch 2 (Dictionary) 15 Schedule 2-- 16 insert-- 17 Abbot Point pilotage area means the area of 18 Queensland waters declared to be a compulsory 19 pilotage area under TOMSA that is referred to by 20 that name. 21 asset, for part 2A, see section 12C. 22 compulsory pilotage area see TOMSA. 23 Fair Work Act means the Fair Work Act 2009 24 (Cwlth). 25 Gladstone port authority, for part 2A, see section 26 12C. 27 Gladstone ports entity see section 12C. 28 instrument means a document of any type or an 29 oral agreement. 30 Page 23

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 13] new employer, of a transferred employee, see 1 section 12D. 2 pilot see TOMSA. 3 pilot transfer crew member, for part 2A, see 4 section 12C. 5 port authority means a port authority under the 6 Transport Infrastructure Act 1994. 7 Port of Townsville Limited means Port of 8 Townsville Limited ACN 130 077 673. 9 record includes any document. 10 registrar of titles means a public official or 11 authority responsible for registering title to land 12 and dealings affecting land. 13 responsible pilotage entity, for a compulsory 14 pilotage area, see TOMSA, section 71A. 15 right includes power, privilege and immunity. 16 subsidiary see the Government Owned 17 Corporations Act 1993, section 2. 18 TOMSA means the Transport Operations 19 (Marine Safety) Act 1994. 20 transfer, of pilotage services-- 21 1 The transfer of pilotage services is-- 22 (a) the transfer from MSQ to a port 23 authority of the function of providing, 24 or arranging for the provision of, 25 pilotage services in a transferred 26 pilotage area other than the Abbot 27 Point pilotage area (the relevant area); 28 or 29 (b) the transfer, in relation to the supply of 30 pilotage services by Port of Townsville 31 Limited in the Abbot Point pilotage 32 area, of an asset, liability, instrument or 33 Page 24

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] employee of the State to Port of 1 Townsville Limited. 2 2 For paragraph 1(a), the transfer includes the 3 transfer in relation to pilotage services in the 4 relevant area of an asset, liability, instrument 5 or employee of the State to a port authority 6 or Gladstone ports entity. 7 transfer day see section 12C. 8 transfer notice, for part 2A, see section 12F. 9 transferred administration employee, for part 10 2A, see section 12C. 11 transferred employee see section 12C. 12 transferred pilot see section 12C. 13 transferred pilotage area see section 12E. 14 Part 3 Amendment of Transport 15 Infrastructure Act 1994 16 Clause 14 Act amended 17 This part amends the Transport Infrastructure Act 1994. 18 Clause 15 Amendment of s 276 (Port services function) 19 (1) Section 276-- 20 insert-- 21 (2A) However, subsection (2) does not apply to the 22 function of providing port services to the extent 23 the port services are pilotage services and 24 arranging for the provision of pilotage services. 25 (2) Section 276(3)-- 26 Page 25

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 16] insert-- 1 compulsory pilotage area see TOMSA. 2 pilotage services see the Maritime Safety 3 Queensland Act 2002. 4 responsible pilotage entity, for a compulsory 5 pilotage area, see TOMSA, section 71A. 6 (3) Section 276(3), definition port services, paragraphs (b) to 7 (d)-- 8 renumber as paragraphs (c) to (e). 9 (4) Section 276(3), definition port services-- 10 insert-- 11 (b) pilotage services, or arranging for the 12 provision of pilotage services, in the 13 compulsory pilotage area for which the port 14 authority is the responsible pilotage entity; 15 (5) Section 276(3), definition port services, paragraph (e), as 16 renumbered, `paragraphs (a) to (c)'-- 17 omit, insert-- 18 paragraphs (a) to (d) 19 (6) Section 276(2A) and (3)-- 20 renumber as section 276(3) and (4). 21 Part 4 Amendment of Transport 22 Operations (Marine Safety) Act 23 1994 24 Clause 16 Act amended 25 This part amends the Transport Operations (Marine Safety) Act 26 1994. 27 Page 26

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 17] Clause 17 Amendment of s 30 (What is the system that is 1 established) 2 Section 30(1), after the fifth dot point-- 3 insert-- 4 · managing pilotage entities for compulsory 5 pilotage areas 6 Clause 18 Insertion of new s 43A 7 After section 43-- 8 insert-- 9 43A General obligation on managing pilotage 10 entity to provide piloted movement of ships 11 safely 12 (1) A managing pilotage entity for a compulsory 13 pilotage area must not provide for the piloted 14 movement of ships in the pilotage area in an 15 unsafe way. 16 Maximum penalty--500 penalty units or 17 imprisonment for 1 year. 18 (2) Without limiting subsection (1), a managing 19 pilotage entity causes the piloted movement of 20 ships to be provided in an unsafe way if-- 21 (a) the managing pilotage entity employs an 22 individual as a pilot; and 23 (b) the individual is not appropriately licensed. 24 (3) However, if the contravention of subsection (1) 25 causes the death of, or grievous bodily harm to, a 26 person, the managing pilotage entity commits an 27 indictable offence and is liable to a maximum 28 penalty of 5000 penalty units or imprisonment 29 for 2 years. 30 Page 27

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 19] Clause 19 Insertion of new s 71A 1 After section 71-- 2 insert-- 3 71A Who is the responsible pilotage entity for a 4 compulsory pilotage area 5 (1) The responsible pilotage entity for a compulsory 6 pilotage area is the entity prescribed under a 7 regulation as the responsible pilotage entity for 8 the pilotage area. 9 (2) A responsible pilotage entity has the function of 10 providing, or arranging for the provision of, 11 pilotage services in its compulsory pilotage area. 12 Clause 20 Insertion of new s 88A 13 After section 88-- 14 insert-- 15 88A Direction to managing pilotage entity about 16 pilotage services 17 (1) A harbour master may direct a managing pilotage 18 entity for a compulsory pilotage area to provide, 19 or arrange for the provision of, pilotage services 20 in the pilotage area in a specified way. 21 (2) The managing pilotage entity must not 22 contravene a direction under subsection (1), 23 unless the managing pilotage entity has a 24 reasonable excuse for the contravention. 25 Maximum penalty for subsection (2)--200 26 penalty units. 27 Clause 21 Amendment of s 101 (Immunity for pilots and general 28 employers) 29 Section 101(5), definition general employer-- 30 omit, insert-- 31 Page 28

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 22] general employer, of a conducting pilot or 1 supervising pilot, means-- 2 (a) the responsible pilotage entity for the 3 compulsory pilotage area in which the pilot 4 is acting to supply pilotage services; or 5 (b) if the responsible pilotage entity for a 6 compulsory pilotage area has entered into a 7 written agreement with another entity for 8 the other entity to supply pilotage services 9 in the pilotage area and the pilot is acting in 10 the supply of the services--each party to the 11 agreement. 12 Clause 22 Amendment of s 102A (Restriction on conduct of ship by 13 pilot) 14 (1) Section 102A(1) and (2), after `its pilot'-- 15 insert-- 16 in a compulsory pilotage area 17 (2) Section 102A(1) and (2), `MSQ'-- 18 omit, insert-- 19 the responsible pilotage entity for the compulsory 20 pilotage area 21 (3) Section 102A(1)(b)(ii) and (2)(b)(ii), `person'-- 22 omit, insert-- 23 entity 24 Clause 23 Amendment of schedule (Dictionary) 25 Schedule-- 26 insert-- 27 managing pilotage entity, for a compulsory 28 pilotage area, means-- 29 Page 29

 


 

Transport Legislation (Port Pilotage) Amendment Bill 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 23] (a) the responsible pilotage entity for the 1 pilotage area; or 2 (b) if the responsible pilotage entity for the 3 pilotage area has entered into a written 4 agreement with another entity for the other 5 entity to supply pilotage services in the 6 pilotage area--each party to the agreement. 7 pilotage services see the Maritime Safety 8 Queensland Act 2002. 9 responsible pilotage entity, for a compulsory 10 pilotage area, see section 71A. 11 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 30

 


[Index] [Search] [Download] [Related Items] [Help]