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TRANSPORT OPERATIONS (MARINE SAFETY) AND OTHER LEGISLATION AMENDMENT BILL 2015

          Queensland



Transport Operations (Marine
Safety) and Other Legislation
Amendment Bill 2015

 


 

 

Queensland Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 8 5 Omission of s 5 (Meaning of certificate of compliance) . . . . . . . . 9 6 Amendment of s 9 (Meaning of owner) . . . . . . . . . . . . . . . . . . . . 9 7 Replacement of s 10A (Meaning of commercial ship, fishing ship and recreational ship, and related provision). . . . . . . . . . . . . . . . . . . . 9 10A Meaning of Queensland regulated ship . . . . . . . . . . . 10 10B Meaning of recreational ship . . . . . . . . . . . . . . . . . . . 10 8 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Relationship with the national law . . . . . . . . . . . . . . . 11 9 Amendment of s 15 (Section 11 subject to certain provisions) . . 11 10 Amendment of s 18A (Exempting of person or ship from regulatory provision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11 Omission of pt 2 (Marine safety strategies) . . . . . . . . . . . . . . . . . 12 12 Amendment of s 28 (To which ships does this Act apply) . . . . . . 12 13 Replacement of s 30 (What is the system that is established) . . . 13 30 What is the system established . . . . . . . . . . . . . . . . . 13 14 Amendment of s 31 (What is a standard) . . . . . . . . . . . . . . . . . . . 13 15 Amendment of s 32 (What happens if a person does not comply with a relevant standard). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Replacement of s 33 (What happens if a ship has a certificate of compliance or survey) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Contents 33 Role of survey reports in satisfying general safety obligations 14 17 Amendment of s 34 (What mechanisms ensure safety). . . . . . . . 15 18 Amendment of s 38 (Does the Act mention everything that will appear in the regulations and standards). . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19 Replacement of pt 4, hdg and pt 4, div 1, hdg . . . . . . . . . . . . . . . 16 Part 4 General safety obligations Division 1 General safety obligations for Queensland regulated ships 39A Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20 Amendment of s 40 (General safety obligation of ship designers, ship builders and marine surveyors about condition of ships) . . . . . . . 16 21 Amendment of s 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships) . . . . . . . . 17 22 Amendment of s 43 (General obligation on persons involved with operation of ship to operate it safely) . . . . . . . . . . . . . . . . . . . . . . 18 23 Relocation and renumbering of pt 4, div 2 . . . . . . . . . . . . . . . . . . 18 24 Relocation and renumbering of s 43A (General obligation on managing pilotage entity to provide piloted movement of ships safely) . . . . 19 25 Insertion of new pt 4, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Other general safety obligations 45 General safety obligation on pilot who has conduct of ship19 26 Replacement of pt 5, hdg and pt 5, div 1 and pt 5, div 2, hdg and ss 56 and 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 5 Registration, licensing and permits Division 1 Registration of Queensland regulated ships 54 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 55 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 56 Regulation may require registration of ship . . . . . . . . 20 57 Contravention of registration obligations . . . . . . . . . . 21 27 Replacement of pt 5, div 3, hdg (Licensing of masters, crew members and pilots). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2 Licensing of masters and crew members of Queensland regulated ships 59A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 28 Amendment of s 60 (Regulation may require licences) . . . . . . . . 22 29 Amendment of s 61 (Operation of ship as master etc. without required licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30 Insertion of new pt 5, div 3 and pt 5, div 4, hdg . . . . . . . . . . . . . . 22 Page 2

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Contents Division 3 Licensing of pilots 61A Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 61B Regulation may require pilot licence. . . . . . . . . . . . . . 23 61C Operation of ship as pilot without required licence . . . 23 Division 4 General licence provisions 31 Amendment of s 62 (Grant, amendment and renewal of licences) 23 32 Omission of pt 5, divs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 33 Amendment of s 87A (Owner of ship lost, abandoned or stranded) 23 34 Insertion of new pt 11, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 1 Preliminary 35 Amendment of s 123 (What is a marine incident) . . . . . . . . . . . . 24 36 Insertion of new pt 11, div 2, hdg and s 123A . . . . . . . . . . . . . . . 25 Division 2 Marine incidents involving Queensland regulated ship 123A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 37 Amendment of s 124 (Duties of masters to help if a marine incident happens involving 2 or more ships) . . . . . . . . . . . . . . . . . . . . . . . 25 38 Amendment of s 125 (Marine incidents must be reported) . . . . . 25 39 Amendment of s 125B (Failure to comply with declaration of exclusion zone by general manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 40 Relocation and renumbering of ss 125A and 125B . . . . . . . . . . . 26 41 Amendment of s 126 (Investigation process into marine incident) 26 42 Amendment of s 128 (Report and any recommendations to be tabled) 26 43 Insertion of new pt 11, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 3 Other obligations and exclusion zones 44 Amendment of s 130 (Obligation of master to give help) . . . . . . . 27 45 Omission of pt 12 (Boards of inquiry) . . . . . . . . . . . . . . . . . . . . . . 27 46 Amendment of s 153 (Functions of shipping inspectors) . . . . . . . 27 47 Amendment of s 155 (Powers of shipping inspectors under this part) 28 48 Amendment of pt 13, div 3, hdg (Powers of shipping inspectors). 28 49 Amendment of s 162 (Entry to place by shipping inspectors) . . . 28 50 Relocation and renumbering of s 167A (Power to require production of marine safety equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 51 Insertion of new pt 13, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 3A Additional powers for Queensland regulated ships 170A Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 29 Page 3

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Contents 52 Amendment of s 171 (Direction if shipping inspector reasonably believes ship is not safe or can not be operated safely) . . . . . . . . . . . . . . . 29 53 Amendment of s 172 (Shipping inspector may direct ship is surveyed and order repairs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 Amendment of s 172A (Other directions) . . . . . . . . . . . . . . . . . . . 30 55 Amendment of s 175 (Power to require production of documents) 30 56 Amendment of s 186 (Unlawful interference with ship) . . . . . . . . 31 57 Amendment of s 202D (Restricted licence for disqualified person) 31 58 Amendment of s 202E (Other limitations on ordering a restricted licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 59 Amendment of s 208 (Marine safety regulations--generally). . . . 32 60 Insertion of new pt 19, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 7 Provisions for Transport Operations (Marine Safety) and Other Legislation Amendment Act 2015 Subdivision 1 Preliminary 248 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 2 Provisions about registration of relevant ships 249 Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . 33 250 Existing registration . . . . . . . . . . . . . . . . . . . . . . . . . . 33 251 Existing applications for registration . . . . . . . . . . . . . . 35 252 Reviews of decisions about registration made before the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Subdivision 3 Other transitional provisions 253 Existing certificate of compliance for Queensland regulated ship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 254 Protection of persons continued. . . . . . . . . . . . . . . . . 37 255 Existing investigations . . . . . . . . . . . . . . . . . . . . . . . . 37 256 Transitional regulation-making power . . . . . . . . . . . . . 38 257 Commercial ship references. . . . . . . . . . . . . . . . . . . . 39 61 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 39 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 62 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 63 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 4 Amendment of Maritime Safety Queensland Act 2002 64 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 65 Amendment of s 5 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 42 66 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 43 Page 4

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Contents Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995 67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 68 Amendment of s 7 (Meaning of agent) . . . . . . . . . . . . . . . . . . . . . 45 69 Replacement of s 13 (Ship construction, survey and certification) 45 13 Ship's general safety obligations, surveying and registration 45 70 Omission of pt 3 (Marine pollution strategies) . . . . . . . . . . . . . . . 46 71 Amendment of s 49 (Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device) . . . . . . . . . . . . . . 46 72 Amendment of s 89 (Power to require production of documents) 46 73 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 47 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 74 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 75 Amendment of s 79 (Vehicle offences involving liquor or other drugs) 47 Part 7 Minor and consequential amendments 76 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 49 Maritime Safety Queensland Act 2002 . . . . . . . . . . . . . . . . . . . . . 49 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 49 Transport Operations (Marine Pollution) Act 1995 . . . . . . . . . . . . 50 Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . 50 Page 5

 


 

 

2015 A Bill for An Act to amend the Criminal Proceeds Confiscation Act 2002, the Maritime Safety Queensland Act 2002, the Transport Operations (Marine Pollution) Act 1995, the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Road Use Management) Act 1995, and to amend the Acts mentioned in schedule 1, for particular purposes

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 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 Operations (Marine 4 Safety) and Other Legislation Amendment Act 2015. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Transport 8 Operations (Marine Safety) Act 9 1994 10 Clause 3 Act amended 11 (1) This part amends the Transport Operations (Marine Safety) 12 Act 1994. 13 Note-- 14 See also the amendments in schedule 1. 15 (2) If this part or schedule 1 amends a provision that is 16 renumbered in this part or schedule 1, the renumbering takes 17 effect immediately after the amendment of the provision. 18 Clause 4 Amendment of s 3 (Objectives of this Act) 19 Section 3(3) and (4)-- 20 omit, insert-- 21 Page 8

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 5] (3) These objectives are to be achieved for 1 Queensland regulated ships mainly by-- 2 (a) imposing general safety obligations to 3 ensure seaworthiness and other aspects of 4 marine safety; and 5 (b) allowing a general safety obligation to be 6 discharged by complying with relevant 7 standards or in other appropriate ways 8 chosen by the person on whom the 9 obligation is imposed. 10 (4) In particular, a Queensland regulated ship may be 11 taken to sufficiently comply with a general safety 12 obligation even though a competent person has 13 not issued a survey report for the ship. 14 Clause 5 Omission of s 5 (Meaning of certificate of compliance) 15 Section 5-- 16 omit. 17 Clause 6 Amendment of s 9 (Meaning of owner) 18 Section 9(1), from 'not'-- 19 omit, insert-- 20 not-- 21 (a) the person is registered as the ship's owner 22 under this Act or a law of another 23 jurisdiction; or 24 (b) for a ship that is a domestic commercial 25 vessel--the person holds a certificate of 26 operation for the ship under the national law. 27 Clause 7 Replacement of s 10A (Meaning of commercial ship, 28 fishing ship and recreational ship, and related provision) 29 Section 10A-- 30 Page 9

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 8] omit, insert-- 1 10A Meaning of Queensland regulated ship 2 A Queensland regulated ship is-- 3 (a) a recreational ship; or 4 (b) a ship (an other Queensland regulated 5 ship) that-- 6 (i) is not a domestic commercial vessel 7 because of-- 8 (A) the combined operation of the 9 national law, sections 7(3)(d) and 10 7(4); or 11 (B) a regulation made under the 12 national law, section 7(5)(b); or 13 (ii) is mentioned in the national regulation, 14 section 9(2); or 15 (iii) is a tender to a ship mentioned in 16 subparagraph (i) or (ii). 17 10B Meaning of recreational ship 18 (1) A recreational ship is-- 19 (a) a ship used only for private recreation; or 20 (b) a tender to a ship mentioned in paragraph 21 (a). 22 (2) A regulation may prescribe circumstances in 23 which a ship may be taken to be used only for 24 private recreation. 25 Clause 8 Insertion of new s 14 26 After section 13-- 27 insert-- 28 Page 10

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 9] 14 Relationship with the national law 1 (1) The national law applies to particular activities 2 of, and matters relating to, domestic commercial 3 vessels. 4 (2) This Act does not apply to a domestic 5 commercial vessel to the extent the national law 6 applies to the vessel. 7 Note-- 8 See the Marine Safety (Domestic Commercial Vessel) 9 National Law Act 2012 (Cwlth), section 6(2) for 10 circumstances in which a law of the State may apply in 11 relation to domestic commercial vessels. 12 (3) Generally, this Act expressly identifies a 13 provision that does not apply to a domestic 14 commercial vessel by stating the provision 15 applies only to a Queensland regulated ship 16 (which does not include a domestic commercial 17 vessel). 18 (4) However, the absence of a statement of a kind 19 mentioned in subsection (3) does not limit the 20 operation of subsection (2). 21 Clause 9 Amendment of s 15 (Section 11 subject to certain 22 provisions) 23 (1) Section 15(1), first dot point-- 24 omit. 25 (2) Section 15(1)-- 26 insert-- 27 • section 54 (that deals with the application of part 5, 28 division 1) 29 • section 59A (that deals with the application of part 5, 30 division 2) 31 • section 61A (that deals with the application of part 5, 32 division 3) 33 Page 11

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 10] Clause 10 Amendment of s 18A (Exempting of person or ship from 1 regulatory provision) 2 Section 18A-- 3 insert-- 4 (9) Also, if a provision of a regulation is repealed, a 5 regulation may declare that-- 6 (a) an exemption in force for the repealed 7 provision, immediately before its repeal, is 8 taken to be given for a provision of a 9 regulation corresponding to the repealed 10 provision; and 11 (b) for the purpose of a declaration under 12 paragraph (a), a reference in the exemption 13 to the repealed provision is taken to be a 14 reference to the corresponding provision. 15 Clause 11 Omission of pt 2 (Marine safety strategies) 16 Part 2-- 17 omit. 18 Clause 12 Amendment of s 28 (To which ships does this Act apply) 19 (1) Section 28(2), after 'Navigation Act'-- 20 insert-- 21 or the national law 22 (2) Section 28(2), note, 'section 12(1)'-- 23 omit, insert-- 24 sections 12(1) and 14 25 (3) Section 28(3), after 'Navigation Act'-- 26 insert-- 27 or the national law 28 (4) Section 28(5), after 'Navigation Act'-- 29 Page 12

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 13] insert-- 1 , the national law 2 Clause 13 Replacement of s 30 (What is the system that is 3 established) 4 Section 30-- 5 omit, insert-- 6 30 What is the system established 7 (1) Part 4, division 1 imposes general safety 8 obligations for Queensland regulated ships on the 9 following people in the maritime industry-- 10 (a) a competent person who issues a survey 11 report for a ship; 12 (b) a ship's owner (including an operator); 13 (c) a ship's master and crew. 14 (2) Part 4, division 2 imposes general safety 15 obligations for all ships on the following people 16 in the maritime industry-- 17 (a) a ship's pilot; 18 (b) the managing pilotage entity for a ship in a 19 compulsory pilotage area. 20 (3) These general safety obligations are generally 21 intended to be performance based rather than 22 prescriptive and to allow people to find more cost 23 efficient ways of achieving safety. 24 Clause 14 Amendment of s 31 (What is a standard) 25 (1) Section 31(1), after 'obligations'-- 26 insert-- 27 for Queensland regulated ships in part 4, division 1 28 (2) Section 31(2), from 'the building,'-- 29 Page 13

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 15] omit, insert-- 1 the crewing and operation of Queensland regulated 2 ships. 3 Clause 15 Amendment of s 32 (What happens if a person does not 4 comply with a relevant standard) 5 (1) Section 32(1), after 'obligation'-- 6 insert-- 7 under section 40 or 41 8 (2) Section 32(2), example-- 9 omit, insert-- 10 Example-- 11 If a ship owner or master operates a recreational ship that does 12 not comply with a standard about the equipment the ship should 13 be equipped with to achieve safety, the noncompliance with the 14 standard may mean section 41 has been contravened. However, 15 the ship owner may satisfy the court the ship was safe, despite 16 noncompliance with the standard. 17 Clause 16 Replacement of s 33 (What happens if a ship has a 18 certificate of compliance or survey) 19 Section 33-- 20 omit, insert-- 21 33 Role of survey reports in satisfying general 22 safety obligations 23 A survey report issued by a competent person for a 24 Queensland regulated ship may be used to establish 25 that a general safety obligation under section 40 or 41 26 has been complied with in whole or part. 27 Note-- 28 See section 42(3)(a). 29 Page 14

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 17] Clause 17 Amendment of s 34 (What mechanisms ensure safety) 1 (1) Section 34(a), 'or accredited'-- 2 omit. 3 (2) Section 34(a), 'or accreditation'-- 4 omit. 5 (3) Section 34(b) to (d)-- 6 omit, insert-- 7 (b) owners and masters of Queensland regulated 8 ships are responsible for ensuring the ships 9 are safe; 10 (c) owners, masters, crew members and other 11 persons involved with the operation of 12 Queensland regulated ships are responsible 13 for ensuring the ships are operated safely; 14 (d) pilots who have the conduct of ships are 15 responsible for ensuring the ships are 16 operated safely; 17 (4) Section 34(e), 'ships'-- 18 omit, insert-- 19 Queensland regulated ships 20 (5) Section 34(f)-- 21 omit, insert-- 22 (f) some Queensland regulated ships need to be 23 registered under this Act; 24 (6) Section 34(h)-- 25 omit, insert-- 26 (h) the general manager may require a shipping 27 inspector to investigate a marine incident, or 28 suspected marine incident, involving a 29 Queensland regulated ship; 30 Page 15

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 18] Clause 18 Amendment of s 38 (Does the Act mention everything 1 that will appear in the regulations and standards) 2 Section 38, example, 'a ship'-- 3 omit, insert-- 4 a Queensland regulated ship 5 Clause 19 Replacement of pt 4, hdg and pt 4, div 1, hdg 6 Part 4, heading and part 4, division 1, heading-- 7 omit, insert-- 8 Part 4 General safety 9 obligations 10 Division 1 General safety obligations 11 for Queensland regulated 12 ships 13 39A Application of div 1 14 This division applies only to Queensland regulated 15 ships. 16 Note-- 17 See the national law, part 3 for general safety duties relating to 18 domestic commercial vessels. 19 Clause 20 Amendment of s 40 (General safety obligation of ship 20 designers, ship builders and marine surveyors about 21 condition of ships) 22 (1) Section 40, heading-- 23 omit, insert-- 24 40 General safety obligation of competent 25 persons about condition of ships 26 (2) Section 40(1)-- 27 Page 16

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 21] omit, insert-- 1 (1) A competent person who issues a survey report 2 for a ship must ensure that each statement made 3 in the report about the ship's seaworthiness is 4 correct in every material particular. 5 Maximum penalty--500 penalty units or 6 imprisonment for 1 year. 7 (3) Section 40(2)(a), 'certificate'-- 8 omit, insert-- 9 survey report 10 (4) Section 40(2), from 'accredited' to 'surveyor'-- 11 omit, insert-- 12 competent person 13 Clause 21 Amendment of s 42 (Relationship between regulatory 14 provisions and general safety obligations about the 15 condition of ships) 16 (1) Section 42, heading-- 17 omit, insert-- 18 42 Relationship between regulatory provisions 19 and general safety obligations for competent 20 persons and ship owners and masters 21 (2) Section 42(1), definition certificate of compliance-- 22 omit. 23 (3) Section 42(3)(a)-- 24 omit, insert-- 25 (a) to satisfy compliance with the general safety 26 provision, it was reasonable for the person 27 to rely on a survey report issued by a 28 competent person, other than the person, 29 that was in force for the ship and covered the 30 safety issue (completely or partly); or 31 Page 17

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 22] Clause 22 Amendment of s 43 (General obligation on persons 1 involved with operation of ship to operate it safely) 2 (1) Section 43, heading-- 3 omit, insert-- 4 43 General safety obligation on persons involved 5 with operation of ship 6 (2) Section 43(1), ', pilot'-- 7 omit. 8 (3) Section 43(2)(b)(i)-- 9 omit, insert-- 10 (i) a condition of the ship's registration 11 under this Act that is about safety; or 12 (4) Section 43(3), 'pilot,'-- 13 omit. 14 (5) Section 43-- 15 insert-- 16 (4A) This section does not apply to a ship's pilot. 17 Note-- 18 See section 45 for the obligation on pilots of ships. 19 (6) Section 43(4A) and (5)-- 20 renumber as section 43(5) and (6). 21 Clause 23 Relocation and renumbering of pt 4, div 2 22 (1) Part 4, division 2-- 23 relocate to after section 219 and renumber as part 18, division 24 2. 25 (2) Sections 45 to 54A-- 26 renumber as sections 219A to 219J. 27 Page 18

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 24] Clause 24 Relocation and renumbering of s 43A (General obligation 1 on managing pilotage entity to provide piloted movement 2 of ships safely) 3 Section 43A-- 4 relocate to part 4, division 2 as inserted by this Act and renumber 5 as section 46. 6 Clause 25 Insertion of new pt 4, div 2 7 Part 4, after section 44-- 8 insert-- 9 Division 2 Other general safety 10 obligations 11 45 General safety obligation on pilot who has 12 conduct of ship 13 (1) A pilot who has the conduct of a ship must not 14 cause the ship to be operated unsafely. 15 Maximum penalty--500 penalty units or 16 imprisonment for 1 year. 17 (2) Without limiting subsection (1), a pilot causes a 18 ship to be operated unsafely if the pilot causes the 19 ship to be operated in a way that-- 20 (a) causes a marine incident; or 21 (b) contravenes-- 22 (i) a condition of the ship's registration 23 under this Act that is about safety; or 24 (ii) a provision of a regulation that is 25 declared by a regulation to be a 26 provision to which this section applies. 27 (3) However, if the contravention of subsection (1) 28 causes the death of, or grievous bodily harm to, a 29 person, the pilot commits an indictable offence 30 Page 19

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 26] and is liable to a maximum penalty of 5000 1 penalty units or imprisonment for 2 years. 2 Clause 26 Replacement of pt 5, hdg and pt 5, div 1 and pt 5, div 2, 3 hdg and ss 56 and 57 4 Part 5, heading and part 5, division 1 and part 5, division 2, heading 5 and sections 56 and 57-- 6 omit, insert-- 7 Part 5 Registration, licensing 8 and permits 9 Division 1 Registration of 10 Queensland regulated 11 ships 12 54 Application of div 1 13 A provision of this division applies only to 14 Queensland regulated ships declared by regulation to 15 be ships to which the provision applies. 16 Note-- 17 See the national law, part 4, division 3 for provisions about 18 certificates of operation for domestic commercial vessels. 19 55 Definition for div 1 20 In this division-- 21 registered means registered under this Act. 22 56 Regulation may require registration of ship 23 A regulation may require that a ship be registered as a 24 recreational ship or an other Queensland regulated 25 ship. 26 Page 20

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 27] 57 Contravention of registration obligations 1 (1) The owner or master of a ship must not operate 2 the ship if the ship is required to be registered, 3 but is not registered. 4 Maximum penalty--200 penalty units. 5 (2) If a ship is registered as a recreational ship, the 6 ship's owner or master must not operate the ship 7 other than as a recreational ship or as otherwise 8 provided for under a regulation. 9 Maximum penalty--200 penalty units. 10 (3) If a ship is registered as an other Queensland 11 regulated ship, the ship's owner or master must 12 not operate the ship for private recreation other 13 than as provided for under a regulation. 14 Maximum penalty--200 penalty units. 15 (4) If a ship is registered on conditions, the owner or 16 master must not operate it in contravention of the 17 conditions. 18 Maximum penalty--200 penalty units. 19 Clause 27 Replacement of pt 5, div 3, hdg (Licensing of masters, 20 crew members and pilots) 21 Part 5, division 3, heading-- 22 omit, insert-- 23 Division 2 Licensing of masters and 24 crew members of 25 Queensland regulated 26 ships 27 Page 21

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 28] 59A Application of div 2 1 A provision of this division applies only to 2 Queensland regulated ships declared by regulation to 3 be ships to which the provision applies. 4 Note-- 5 See the national law, part 4, division 4 for provisions about 6 certificates of competency for particular duties or 7 functions for domestic commercial vessels. 8 Clause 28 Amendment of s 60 (Regulation may require licences) 9 Section 60(1)(c)-- 10 omit. 11 Clause 29 Amendment of s 61 (Operation of ship as master etc. 12 without required licence) 13 (1) Section 61(1) and (2)-- 14 insert-- 15 Maximum penalty--40 penalty units. 16 (2) Section 61(3)-- 17 omit. 18 Clause 30 Insertion of new pt 5, div 3 and pt 5, div 4, hdg 19 After section 61-- 20 insert-- 21 Division 3 Licensing of pilots 22 61A Application of div 3 23 A provision of this division applies only to ships 24 declared by regulation to be ships to which the 25 provision applies. 26 Page 22

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 31] 61B Regulation may require pilot licence 1 (1) A regulation may require a person to hold a 2 licence to have the conduct of a ship as its pilot. 3 (2) In this section-- 4 licence includes a certificate of competency, 5 service or recognition and a permit. 6 61C Operation of ship as pilot without required 7 licence 8 A person must not have the conduct of a ship as its 9 pilot if the person is required to be licensed, but is not 10 appropriately licensed. 11 Maximum penalty--40 penalty units. 12 Division 4 General licence provisions 13 Clause 31 Amendment of s 62 (Grant, amendment and renewal of 14 licences) 15 Section 62(3)(b), 'ships'-- 16 omit, insert-- 17 Queensland regulated ships 18 Clause 32 Omission of pt 5, divs 4 and 5 19 Part 5, divisions 4 and 5-- 20 omit. 21 Clause 33 Amendment of s 87A (Owner of ship lost, abandoned or 22 stranded) 23 (1) Section 87A(2), 'registered'-- 24 omit, insert-- 25 Page 23

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 34] recorded 1 (2) Section 87A(5)-- 2 omit, insert-- 3 (5) In this section-- 4 recorded owner means-- 5 (a) for a domestic commercial vessel--the 6 holder of the vessel's certificate of operation 7 under the national law; or 8 (b) for another ship--the person in whose name 9 the ship is registered under this Act or a law 10 of another jurisdiction, whether inside or 11 outside Australia. 12 Clause 34 Insertion of new pt 11, div 1, hdg 13 Part 11, before section 123-- 14 insert-- 15 Division 1 Preliminary 16 Clause 35 Amendment of s 123 (What is a marine incident) 17 Section 123(1)(f) to (j)-- 18 omit, insert-- 19 (f) significant damage, or danger of significant 20 damage, to a ship; or 21 (g) significant damage caused by a ship's 22 operations; or 23 (h) danger of significant damage to a structure 24 caused by a ship's operations; or 25 (i) danger to a person caused by a ship's 26 operations. 27 Page 24

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 36] Clause 36 Insertion of new pt 11, div 2, hdg and s 123A 1 After section 123-- 2 insert-- 3 Division 2 Marine incidents involving 4 Queensland regulated ship 5 123A Application of div 2 6 This division applies to a marine incident only if it 7 involves at least 1 Queensland regulated ship. 8 Note-- 9 See the national law, sections 88 to 90 in relation to marine 10 incidents, as defined in that law, involving domestic commercial 11 vessels. 12 Clause 37 Amendment of s 124 (Duties of masters to help if a 13 marine incident happens involving 2 or more ships) 14 Section 124(2), 'each ship'-- 15 omit, insert-- 16 a Queensland regulated ship 17 Clause 38 Amendment of s 125 (Marine incidents must be reported) 18 (1) Section 125(1) and (2)(a), 'a ship'-- 19 omit, insert-- 20 a Queensland regulated ship 21 (2) Section 125(2)(b), 'ship's'-- 22 omit, insert-- 23 Queensland regulated ship's 24 Page 25

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 39] Clause 39 Amendment of s 125B (Failure to comply with declaration 1 of exclusion zone by general manager) 2 Section 125B(1), '125A'-- 3 omit, insert-- 4 130A 5 Clause 40 Relocation and renumbering of ss 125A and 125B 6 Sections 125A and 125B-- 7 relocate to part 11, division 3 as inserted by this Act, and renumber 8 as sections 130A and 130B. 9 Clause 41 Amendment of s 126 (Investigation process into marine 10 incident) 11 Section 126(3)-- 12 omit, insert-- 13 (3) If, after considering the report, the general 14 manager is satisfied that a marine incident has 15 happened, the general manager may, in the way 16 prescribed by regulation, cancel, suspend or 17 amend an approval of a Queensland regulated 18 ship or person involved in the incident. 19 Clause 42 Amendment of s 128 (Report and any recommendations 20 to be tabled) 21 Section 128, '14'-- 22 omit, insert-- 23 30 24 Clause 43 Insertion of new pt 11, div 3, hdg 25 After section 128-- 26 insert-- 27 Page 26

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 44] Division 3 Other obligations and 1 exclusion zones 2 Clause 44 Amendment of s 130 (Obligation of master to give help) 3 (1) Section 130(1), 'master of a ship'-- 4 omit, insert-- 5 master of a Queensland regulated ship 6 (2) Section 130(2), 'the ships'-- 7 omit, insert-- 8 any Queensland regulated ships 9 (3) Section 130(3), 'requisitioned ship'-- 10 omit, insert-- 11 Queensland regulated ship requisitioned under 12 subsection (2) 13 (4) Section 130(5), (6), and (7), 'master of a ship'-- 14 omit, insert-- 15 master of a Queensland regulated ship 16 (5) Section 130, after subsection (7)-- 17 insert-- 18 Note-- 19 See also the national law, sections 85 to 87 in relation to 20 obligations on masters of domestic commercial vessels. 21 Clause 45 Omission of pt 12 (Boards of inquiry) 22 Part 12-- 23 omit. 24 Clause 46 Amendment of s 153 (Functions of shipping inspectors) 25 (1) Section 153(d), after 'incidents'-- 26 Page 27

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 47] insert-- 1 involving Queensland regulated ships 2 (2) Section 153(e)-- 3 omit. 4 Clause 47 Amendment of s 155 (Powers of shipping inspectors 5 under this part) 6 Section 155(2)(b)-- 7 omit, insert-- 8 (b) places mentioned as a place of business-- 9 (i) in an approval; or 10 (ii) in a document about a domestic 11 commercial vessel issued by the 12 national regulator under the national 13 law; and 14 Clause 48 Amendment of pt 13, div 3, hdg (Powers of shipping 15 inspectors) 16 Part 13, division 3, heading, 'Powers'-- 17 omit, insert-- 18 General powers 19 Clause 49 Amendment of s 162 (Entry to place by shipping 20 inspectors) 21 (1) Section 162(c), after 'approval'-- 22 insert-- 23 , or a national law document, 24 (2) Section 162-- 25 insert-- 26 (2) In this section-- 27 Page 28

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 50] national law document means a document about 1 a domestic commercial vessel issued by the 2 national regulator under the national law. 3 Clause 50 Relocation and renumbering of s 167A (Power to require 4 production of marine safety equipment) 5 Section 167A-- 6 relocate to part 13, division 3A as inserted by this Act, and 7 renumber as section 170B. 8 Clause 51 Insertion of new pt 13, div 3A 9 After section 170-- 10 insert-- 11 Division 3A Additional powers for 12 Queensland regulated 13 ships 14 170A Application of div 3A 15 This division applies only to a Queensland regulated 16 ship. 17 Note-- 18 For similar powers of marine safety inspectors in relation to 19 domestic commercial vessels, see the national law-- 20 • section 99 (which provides for vessel monitoring powers) 21 • section 109 (which provides for giving directions) 22 • section 111 (which provides for issuing prohibition notices). 23 Clause 52 Amendment of s 171 (Direction if shipping inspector 24 reasonably believes ship is not safe or can not be 25 operated safely) 26 Section 171(4), after 'particular'-- 27 insert-- 28 Page 29

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 53] type or 1 Clause 53 Amendment of s 172 (Shipping inspector may direct ship 2 is surveyed and order repairs) 3 Section 172(2), from 'that'-- 4 omit, insert-- 5 to obtain a survey report for the ship, as specified by 6 the inspector, from a competent person. 7 Clause 54 Amendment of s 172A (Other directions) 8 Section 172A(1), after 'registered'-- 9 insert-- 10 under this Act 11 Clause 55 Amendment of s 175 (Power to require production of 12 documents) 13 (1) Section 175(1), after 'Act'-- 14 insert-- 15 or the national law 16 (2) Section 175(2)-- 17 omit, insert-- 18 (2) The person must, unless the person has a 19 reasonable excuse, produce the document-- 20 (a) if the shipping inspector has boarded a ship 21 under section 165(1) and the document is 22 required to be kept on the ship under this 23 Act, an exemption given under section 18A 24 or the national law--immediately after the 25 shipping inspector makes the requirement; 26 or 27 Page 30

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 56] (b) otherwise--at a reasonable time and place 1 nominated by the shipping inspector when 2 making the requirement. 3 Maximum penalty--40 penalty units. 4 Clause 56 Amendment of s 186 (Unlawful interference with ship) 5 (1) Section 186, heading, 'ship'-- 6 omit, insert-- 7 Queensland regulated ship 8 (2) Section 186(1) and (3), 'a ship'-- 9 omit, insert-- 10 a Queensland regulated ship 11 Clause 57 Amendment of s 202D (Restricted licence for disqualified 12 person) 13 (1) Section 202D(1)(a)(i), '44, 57, 61'-- 14 omit, insert-- 15 44, 45, 57, 61, 61C 16 (2) Section 202D(6)(b)(i)-- 17 omit. 18 (3) Section 202D(6)(b)(ii) to (iv)-- 19 renumber as section 202D(6)(b)(i) to (iii). 20 (4) Section 202D(8), 'and class'-- 21 omit. 22 Clause 58 Amendment of s 202E (Other limitations on ordering a 23 restricted licence) 24 Section 202E-- 25 insert-- 26 Page 31

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 59] (5) Also, in subsection (2)(a), the reference to a 1 licence includes a licence of a type or class that is 2 no longer a type or class of licence granted under 3 this Act. 4 Clause 59 Amendment of s 208 (Marine safety 5 regulations--generally) 6 Section 208(2), from 'ships and handling'-- 7 omit, insert-- 8 Queensland regulated ships. 9 Clause 60 Insertion of new pt 19, div 7 10 Part 19-- 11 insert-- 12 Division 7 Provisions for Transport 13 Operations (Marine Safety) 14 and Other Legislation 15 Amendment Act 2015 16 Subdivision 1 Preliminary 17 248 Definitions for division 18 In this division-- 19 amended Act means this Act as in force after the 20 commencement. 21 amendment Act means the Transport Operations 22 (Marine Safety) and Other Legislation 23 Amendment Act 2015. 24 old regulation means the Transport Operations 25 (Marine Safety) Regulation 2004 as in force 26 before the commencement. 27 Page 32

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 60] relevant ship see section 249. 1 unamended Act means this Act as in force before 2 the commencement. 3 Subdivision 2 Provisions about 4 registration of relevant 5 ships 6 249 Purpose of subdivision 7 The purpose of this subdivision is to transition matters 8 about the registration under the unamended Act of a 9 commercial ship that, on the commencement, is an 10 other Queensland regulated ship (a relevant ship). 11 Note-- 12 For a ship that, on the commencement, is a domestic 13 commercial vessel, see the national regulation, section 16 14 and the Transport Operations (Marine Safety--Domestic 15 Commercial Vessel National Law Application) Act 2015. 16 250 Existing registration 17 (1) This section applies to a relevant ship that, 18 immediately before the commencement, was 19 registered under the unamended Act as a 20 commercial ship. 21 (2) From the commencement, the ship is taken to be 22 registered under the amended Act as an other 23 Queensland regulated ship. 24 (3) The registration-- 25 (a) continues for the remaining term of the 26 registration unless it is earlier cancelled or 27 surrendered; and 28 (b) is subject to the conditions to which it was 29 subject immediately before the 30 commencement; and 31 Page 33

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 60] (c) if, immediately before the commencement, 1 the registration is suspended under the 2 unamended Act--continues to be subject to 3 the suspension; and 4 (d) may be amended, suspended, cancelled or 5 surrendered under the amended Act. 6 (4) However, the registration can not be renewed 7 under the amended Act. 8 (5) Also, the registration is subject to the following 9 conditions-- 10 (a) if the old regulation, section 108 applied to 11 the ship immediately before the 12 commencement--a condition that a person 13 who is the owner or master of the ship must 14 not operate the ship in waters other than the 15 following waters-- 16 (i) the waters stated in the USL code for a 17 ship of the ship's class; 18 (ii) the waters in any other operational area 19 stated for the ship in the old regulation, 20 section 108; 21 (b) if, immediately before the commencement, 22 under the unamended Act, a person must not 23 operate the ship as its master or act as a crew 24 member unless the person holds a particular 25 licence--a condition that a person must not 26 operate the ship as its master or act as a crew 27 member unless the person holds that 28 licence; 29 Examples-- 30 1 If, under the old regulation, section 88(2), a 31 person must not operate the ship as its master 32 unless the person holds a licence of at least a 33 particular class of certificate, the registration is 34 subject to the condition that a person must not 35 operate the ship as its master unless the person 36 Page 34

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 60] holds a licence of at least that class of 1 certificate. 2 2 If, under an exemption under the unamended 3 Act, section 18A, a person must not operate the 4 ship as its master unless the person holds a 5 recreational marine driver licence, the 6 registration is subject to the condition that a 7 person must not operate the ship as its master 8 unless the person holds a recreational marine 9 driver licence. 10 (c) a condition that a person who is the owner 11 or master of the ship must not carry on the 12 ship, or on a part of the ship, more persons 13 than is stated for the ship, or for the part of 14 the ship, in the ship's registration certificate, 15 unless the person has a reasonable excuse. 16 251 Existing applications for registration 17 (1) This section applies to an application for 18 registration of a relevant ship made under the 19 unamended Act but not decided before the 20 commencement. 21 (2) The application-- 22 (a) is taken to be an application for registration 23 of the ship under the amended Act as an 24 other Queensland regulated ship; and 25 (b) must be decided under the amended Act. 26 252 Reviews of decisions about registration made 27 before the commencement 28 (1) This section applies to a review relating to a 29 decision about the registration of a relevant 30 ship-- 31 (a) started but not decided before the 32 commencement; or 33 (b) started after the commencement. 34 Page 35

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 60] (2) The review must be decided under the 1 unamended Act as if the amendment Act had not 2 been enacted. 3 (3) If the effect of the review is that the ship must be 4 registered as a commercial ship under the 5 unamended Act, the ship must be registered 6 under the amended Act as an other Queensland 7 regulated ship. 8 (4) If the effect of the review is that the registration 9 of the ship as a commercial ship under the 10 unamended Act must be amended or the 11 suspension of the registration of the ship as a 12 commercial ship under the unamended Act must 13 be lifted, the amendment or lifting of the 14 suspension must be given effect in relation to the 15 registration of the ship as continued under section 16 250. 17 (5) If the effect of the review is that the registration 18 of the ship as a commercial ship under the 19 unamended Act should not have been 20 cancelled-- 21 (a) from the relevant day, the ship is taken to be 22 registered under the amended Act as an 23 other Queensland regulated ship; and 24 (b) the registration is subject to the conditions 25 to which it was subject immediately before 26 it was cancelled; and 27 (c) section 250(3)(a), (c) and (d) and (4) and (5) 28 apply to the ship's registration. 29 (6) In this section-- 30 relevant day means-- 31 (a) if the decision of the review takes effect on a 32 day before commencement--the 33 commencement; or 34 Page 36

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 60] (b) otherwise--the day the decision of the 1 review takes effect. 2 review means-- 3 (a) a review of an original decision under 4 section 203B; or 5 (b) a review of a reviewed decision under 6 section 203C. 7 Subdivision 3 Other transitional 8 provisions 9 253 Existing certificate of compliance for 10 Queensland regulated ship 11 (1) This section applies to a certificate of compliance 12 for a Queensland regulated ship in force under 13 the unamended Act immediately before the 14 commencement. 15 (2) From the commencement, the certificate of 16 compliance is taken to be a survey report issued 17 for the ship by a competent person. 18 254 Protection of persons continued 19 The unamended Act, sections 70C and 139 continue to 20 apply in relation to acts done or omissions made 21 before the commencement, despite their repeal. 22 255 Existing investigations 23 (1) This section applies if-- 24 (a) a marine incident happened before the 25 commencement, or the general manager 26 believes that a marine incident may have 27 happened before the commencement even 28 though it has not been reported; and 29 Page 37

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 60] (b) the matter does not involve a Queensland 1 regulated ship; and 2 (c) at the commencement, an investigation of 3 the matter has not been started, or has been 4 started but not finished, under the 5 unamended Act, section 126. 6 (2) The general manager may require a shipping 7 inspector to-- 8 (a) investigate the matter; or 9 (b) if a shipping inspector has started but not 10 finished investigating the matter--continue 11 to investigate the matter. 12 (3) The amended Act, section 126(2) to (4) apply in 13 relation to the investigation despite section 123A. 14 256 Transitional regulation-making power 15 (1) A regulation (a transitional regulation) may 16 make provision of a savings or transitional nature 17 to allow or facilitate the change from the 18 operation of the unamended Act to the operation 19 of the amended Act. 20 (2) Without limiting subsection (1), a transitional 21 regulation may provide for matters about the 22 registration of a relevant ship for which this 23 division does not provide or sufficiently provide. 24 (3) A transitional regulation may have retrospective 25 operation to a day that is not earlier than the day 26 of the commencement. 27 (4) A transitional regulation must declare it is a 28 transitional regulation. 29 (5) This section and any transitional regulation 30 expire 1 year after the commencement. 31 Page 38

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 61] 257 Commercial ship references 1 A reference in an instrument under this Act to a 2 commercial ship is, if the context permits, taken to 3 be-- 4 (a) if the ship is a domestic commercial 5 vessel--a reference to a domestic 6 commercial vessel; or 7 (b) otherwise--a reference to an other 8 Queensland regulated ship. 9 Clause 61 Amendment of schedule (Dictionary) 10 (1) Schedule, definitions approval, building, interstate voyage, 11 marine licence, marine licence indicator and recreational 12 ship-- 13 omit. 14 (2) Schedule-- 15 insert-- 16 approval means any of the following under this 17 Act-- 18 (a) registration of a Queensland regulated ship; 19 (b) licensing of a person as a master, crew 20 member or pilot; 21 (c) accreditation of an entity to license a person 22 as a master, crew member or pilot; 23 (d) approval of an entity to conduct training 24 programs relating to the operation of 25 Queensland regulated ships; 26 (e) permission for a person-- 27 (i) to operate a Queensland regulated ship 28 as its master; or 29 (ii) to have the conduct of a ship as its 30 pilot. 31 Page 39

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 61] building, in relation to a ship, includes altering 1 the ship, or replacing a part of the ship, if the 2 alteration or replacement may affect marine 3 safety. 4 competent person, for the issue of a survey report 5 for a ship or a part of a ship, means-- 6 (a) an individual accredited under the national 7 law as a marine surveyor to survey in a 8 category that covers a ship's, or a part of a 9 ship's, seaworthiness in relation to the 10 aspects mentioned in the report; or 11 (b) another individual who is able to 12 competently decide a ship's, or a part of a 13 ship's, seaworthiness in relation to the 14 aspects mentioned in the report because of 15 the individual's training, qualifications or 16 experience in relation to the aspects. 17 domestic commercial vessel see the national law, 18 section 7. 19 domestic commercial vessel national law see the 20 Transport Operations (Marine Safety--Domestic 21 Commercial Vessel National Law Application) 22 Act 2015, section 20. 23 domestic commercial vessel national regulation 24 see the Transport Operations (Marine 25 Safety--Domestic Commercial Vessel National 26 Law Application) Act 2015, section 20. 27 interstate voyage means an inter-State voyage as 28 defined under the Maritime Transport and 29 Offshore Facilities Security Act 2003 (Cwlth). 30 marine licence means a licence to operate a 31 recreational ship, or an other Queensland 32 regulated ship that is a personal watercraft, as its 33 master. 34 marine licence indicator means a written notice 35 of the granting of a licence to operate a 36 Page 40

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Transport Operations (Marine Safety) Act 1994 [s 61] recreational ship, or an other Queensland 1 regulated ship that is a personal watercraft, as its 2 master given to the person to whom the licence 3 has been granted. 4 national law means the domestic commercial 5 vessel national law. 6 national regulation means the domestic 7 commercial vessel national regulation. 8 national regulator see the national law, section 9 9. 10 other Queensland regulated ship see section 11 10A(b). 12 Queensland regulated ship see section 10A. 13 recreational ship see section 10B. 14 survey report, for a ship or a part of a ship, means 15 a report-- 16 (a) declaring the ship's or part's seaworthiness 17 in relation to 1 or more of the following 18 aspects-- 19 (i) the ship's design; 20 (ii) the ship's construction; 21 (iii) the ship's safety equipment; 22 (iv) the ship's stability; 23 (v) another aspect of the ship's condition 24 that may affect marine safety; and 25 (b) containing information about the person 26 who issued the report, including, in 27 particular, information about the person's-- 28 (i) accreditation as a marine surveyor 29 under the national law; or 30 Page 41

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 62] (ii) training, qualifications or experience 1 relating to the matters mentioned in 2 paragraph (a) included in the report. 3 Part 3 Amendment of Criminal 4 Proceeds Confiscation Act 5 2002 6 Clause 62 Act amended 7 This part amends the Criminal Proceeds Confiscation Act 8 2002. 9 Clause 63 Amendment of sch 6 (Dictionary) 10 Schedule 6, definition boat, from '1994'-- 11 omit, insert-- 12 1994. 13 Part 4 Amendment of Maritime Safety 14 Queensland Act 2002 15 Clause 64 Act amended 16 This part amends the Maritime Safety Queensland Act 2002. 17 Note-- 18 See also the amendments in schedule 1. 19 Clause 65 Amendment of s 5 (Application of Act) 20 Section 5(c), 'Transport Operations (Marine Safety) Act 1994'-- 21 Page 42

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 4 Amendment of Maritime Safety Queensland Act 2002 [s 66] omit, insert-- 1 TOMSA 2 Clause 66 Amendment of s 8 (Functions and powers of MSQ) 3 (1) Section 8(1)(a), 'the Transport Operations (Marine Safety) 4 Act 1994'-- 5 omit, insert-- 6 TOMSA 7 (2) Section 8(1)(a)(i) and (iii)-- 8 omit. 9 (3) Section 8(1)(a)(ii), from 'for designing,' to 'ships'-- 10 omit, insert-- 11 under that Act 12 (4) Section 8(1)(a)(iv), 'ships'-- 13 omit, insert-- 14 Queensland regulated ships 15 (5) Section 8(1)(a)(v), 'other than recreational masters,'-- 16 omit. 17 (6) Section 8(1)(a)(ii) to (x)-- 18 renumber as section 8(1)(a)(i) to (viii). 19 (7) Section 8(1)(b)-- 20 omit, insert-- 21 (b) for the Transport Operations (Marine 22 Pollution) Act 1995--to deal with the 23 discharge of ship-sourced pollutants into 24 coastal waters; 25 (8) Section 8(1)-- 26 insert-- 27 Page 43

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 4 Amendment of Maritime Safety Queensland Act 2002 [s 66] (ca) for the domestic commercial vessel national 1 law--to exercise powers and perform 2 functions delegated or subdelegated to MSQ 3 under that law and collect fees mentioned in 4 the DCV application Act, section 15; 5 (cb) to develop strategies-- 6 (i) for marine safety; and 7 Example-- 8 education campaign for the safe use of 9 recreational ships 10 (ii) to prevent the deliberate, negligent or 11 accidental discharge of ship-sourced 12 pollutants into coastal waters; 13 (9) Section 8(1)(ca) to (f)-- 14 renumber as section 8(1)(d) to (h). 15 (10) Section 8(3)-- 16 insert-- 17 DCV application Act means the Transport 18 Operations (Marine Safety--Domestic 19 Commercial Vessel National Law Application) 20 Act 2015. 21 domestic commercial vessel national law see the 22 DCV application Act, section 20. 23 Queensland regulated ship see TOMSA, section 24 10A. 25 Page 44

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 67] Part 5 Amendment of Transport 1 Operations (Marine Pollution) 2 Act 1995 3 Clause 67 Act amended 4 This part amends the Transport Operations (Marine 5 Pollution) Act 1995. 6 Note-- 7 See also the amendments in schedule 1. 8 Clause 68 Amendment of s 7 (Meaning of agent) 9 (1) Section 7(1)(a), 'Transport Operations (Marine Safety) Act 10 1994'-- 11 omit, insert-- 12 Marine Safety Act 13 (2) Section 7(1)-- 14 insert-- 15 (aa) performs a function under the domestic 16 commercial vessel national law; or 17 (3) Section 7(1)(aa) to (c)-- 18 renumber as section 7(1)(b) to (d). 19 Clause 69 Replacement of s 13 (Ship construction, survey and 20 certification) 21 Section 13-- 22 omit, insert-- 23 13 Ship's general safety obligations, surveying 24 and registration 25 (1) General safety duties for domestic commercial 26 vessels and issues about their survey and 27 Page 45

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 70] certification are generally dealt with under the 1 domestic commercial vessel national law. 2 (2) General safety obligations for Queensland 3 regulated ships and issues about their survey and 4 registration are generally dealt with under the 5 Marine Safety Act. 6 Clause 70 Omission of pt 3 (Marine pollution strategies) 7 Part 3-- 8 omit. 9 Clause 71 Amendment of s 49 (Declared ship operating in 10 prescribed nil discharge waters to be fitted with sewage 11 holding device) 12 Section 49(2)(a)-- 13 omit, insert-- 14 (a) the maximum number of persons the ship is 15 permitted to carry under-- 16 (i) for a domestic commercial vessel--the 17 domestic commercial vessel national 18 law; or 19 (ii) for a Queensland regulated ship--the 20 Marine Safety Act; and 21 Clause 72 Amendment of s 89 (Power to require production of 22 documents) 23 (1) Section 89(1)(a), 'Transport Operations (Marine Safety) Act 24 1994'-- 25 omit, insert-- 26 Marine Safety Act 27 (2) Section 89(1)-- 28 insert-- 29 Page 46

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 [s 73] (c) under the domestic commercial vessel 1 national law. 2 Clause 73 Amendment of schedule (Dictionary) 3 Schedule-- 4 insert-- 5 domestic commercial vessel see the domestic 6 commercial vessel national law, section 7. 7 domestic commercial vessel national law see the 8 Transport Operations (Marine Safety--Domestic 9 Commercial Vessel National Law Application) 10 Act 2015, section 20. 11 Queensland regulated ship see the Marine 12 Safety Act, section 10A. 13 Part 6 Amendment of Transport 14 Operations (Road Use 15 Management) Act 1995 16 Clause 74 Act amended 17 This part amends the Transport Operations (Road Use 18 Management) Act 1995. 19 Clause 75 Amendment of s 79 (Vehicle offences involving liquor or 20 other drugs) 21 (1) Section 79(2E), from 'class 1A'-- 22 omit, insert-- 23 non-recreational vessels that carry, or are authorised to 24 carry, more than 12 passengers. 25 (2) Section 79-- 26 Page 47

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Part 7 Minor and consequential amendments [s 76] insert-- 1 (2EA) For subsection (2E)-- 2 authorised to carry, for a non-recreational vessel, 3 means authorised to carry under-- 4 (a) for an other Queensland regulated ship--the 5 Transport Operations (Marine Safety) Act 6 1994; or 7 (b) for a domestic commercial vessel--the 8 domestic commercial vessel national law. 9 domestic commercial vessel national law see the 10 Transport Operations (Marine Safety--Domestic 11 Commercial Vessel National Law Application) 12 Act 2015, section 20. 13 non-recreational vessel means-- 14 (a) an other Queensland regulated ship under 15 the Transport Operations (Marine Safety) 16 Act 1994; or 17 (b) a domestic commercial vessel under the 18 domestic commercial vessel national law. 19 passenger, for a vessel, means a passenger as 20 defined in part B of the National Standard for 21 Commercial Vessels. 22 Part 7 Minor and consequential 23 amendments 24 Clause 76 Acts amended 25 Schedule 1 amends the Acts it mentions. 26 Page 48

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Schedule 1 Schedule 1 Minor and consequential 1 amendments 2 section 76 3 Maritime Safety Queensland Act 2002 4 1 Section 11A(4), definition appropriate person, paragraph 5 (c), 'the Transport Operations (Marine Safety) Act 1994'-- 6 omit, insert-- 7 TOMSA 8 2 Section 13(4)(a), 'the Transport Operations (Marine 9 Safety) Act 1994'-- 10 omit, insert-- 11 TOMSA 12 Police Powers and Responsibilities Act 2000 13 1 Section 195A, definition smartcard transport authority, 14 paragraph (b), after 'schedule'-- 15 insert-- 16 1 17 Page 49

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Schedule 1 Transport Operations (Marine Pollution) Act 1995 1 1 Section 4(1), 'the schedule'-- 2 omit, insert-- 3 schedule 1 4 2 Section 127(3)(a), 'Transport Operations (Marine Safety) 5 Act 1994'-- 6 omit, insert-- 7 Marine Safety Act 8 3 Schedule, definition Commonwealth Navigation Act, 9 '1912'-- 10 omit, insert-- 11 2012 12 4 Schedule, definition gross tonnage, 'Measurement'-- 13 omit. 14 5 Schedule-- 15 number as schedule 1. 16 Transport Operations (Marine Safety) Act 1994 17 1 Section 4, 'the schedule'-- 18 omit, insert-- 19 schedule 1 20 Page 50

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Schedule 1 2 Section 43A, heading-- 1 omit, insert-- 2 43A General safety obligation on managing 3 pilotage entity 4 3 Section 48(1), '47'-- 5 omit, insert-- 6 219C 7 4 Section 50(2), '49'-- 8 omit, insert-- 9 219E 10 5 Section 51(1), from 'the following'-- 11 omit, insert-- 12 sections 219C to 219F have not been complied with. 13 6 Section 54(2), '47 to 50'-- 14 omit, insert-- 15 219C to 219F 16 7 Part 5, division 3B-- 17 renumber as part 5, division 5. 18 8 Section 102A(3), '61(3)'-- 19 omit, insert-- 20 61C 21 9 Section 170(5), after 'immediately'-- 22 insert-- 23 Page 51

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Schedule 1 after 1 10 Section 199B(4), penalty, 'for subsection (4)'-- 2 omit. 3 11 Section 200A, '148, 149,'-- 4 omit. 5 12 Section 202A(1)(a)(i), '44, 57, 61'-- 6 omit, insert-- 7 44, 45, 57, 61, 61C 8 13 Section 203C(3)-- 9 insert-- 10 QCAT information notice means a notice 11 complying with the QCAT Act, section 157(2). 12 14 Section 203D(b)-- 13 omit. 14 15 Section 203D(c)-- 15 renumber as section 203D(b). 16 16 Section 205A(1), 'ships'-- 17 omit, insert-- 18 Queensland regulated ships 19 17 Section 205AA(1)(a)(ii), 'ships'-- 20 omit, insert-- 21 Queensland regulated ships 22 Page 52

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Schedule 1 18 Part 18, heading-- 1 omit, insert-- 2 Part 18 Regulations and 3 standards 4 Division 1 Regulations 5 19 Section 211(1), examples, 'IV'-- 6 omit, insert-- 7 4 8 20 Section 212, example and editor's note-- 9 omit. 10 21 Section 213(3), penalty, 'for subsection (3)'-- 11 omit. 12 22 Schedule, definitions accredited, certificate of 13 compliance, certificate of survey, commercial ship and 14 fishing ship-- 15 omit. 16 23 Schedule, definition Commonwealth Navigation Act, 17 '1912'-- 18 omit, insert-- 19 2012 20 24 Schedule, definition licence, paragraph (a), after '60(1)'-- 21 insert-- 22 or 61B(1) 23 Page 53

 


 

Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015 Schedule 1 25 Schedule-- 1 insert-- 2 registered, for part 5, division 1, see section 55. 3 26 Schedule, definition standard, '45'-- 4 omit, insert-- 5 219A 6 27 Schedule-- 7 number as schedule 1. 8 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 54

 


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