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TRANSPORT OPERATIONS (MARINE SAFETY--DOMESTIC COMMERCIAL VESSEL NATIONAL LAW APPLICATION) BILL 2015

          Queensland



Transport Operations (Marine
Safety--Domestic
Commercial Vessel National
Law Application) Bill 2015

 


 

 

Queensland Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 The applied provisions 5 Application of Commonwealth laws as laws of this State. . . . . . . 6 6 Interpretation of Commonwealth domestic commercial vessel national law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 3 Functions and powers under applied provisions 7 Functions and powers of National Regulator and other authorities and officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Delegations by the National Regulator . . . . . . . . . . . . . . . . . . . . . 8 Part 4 Offences 9 Object of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Application of Commonwealth criminal laws to offences against applied provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Functions and powers conferred on Commonwealth officers and authorities relating to offences . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 No double jeopardy for offences against applied provisions . . . . 10 Part 5 Administrative laws 13 Application of Commonwealth administrative laws to applied provisions 10 14 Functions and powers conferred on Commonwealth officers and authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Contents Part 6 Fees and fines 15 Fees payable to officers or employees of State acting as delegates 11 16 Infringement notice fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Fines, fees etc not otherwise payable to State . . . . . . . . . . . . . . . 12 Part 7 Miscellaneous 18 Things done for multiple purposes . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Reference in Commonwealth law to a provision of another law . . 13 20 References to domestic commercial vessel national law and domestic commercial vessel national regulation . . . . . . . . . . . . . . . . . . . . . 13 21 Provision of information and assistance by Queensland information holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Part 8 Transitional provisions 23 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Application of transitional regulation provisions . . . . . . . . . . . . . . 16 25 Application of existing marine order about certificates of operation 17 26 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Application of existing exemption about vessel identifiers . . . . . . 17 28 Application of existing exemption about certificates of survey . . . 18 29 Application of s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 30 Existing subdelegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 19 Page 2

 


 

2015 A Bill for An Act to apply as a law of this State a national law relating to domestic commercial vessels

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Transport Operations (Marine 4 Safety--Domestic Commercial Vessel National Law 5 Application) Act 2015. 6 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 3 Purpose of Act 9 (1) The purpose of this Act is to adopt in this State a national 10 approach to the regulation of marine safety in relation to 11 domestic commercial vessels (the domestic commercial 12 vessel national law). 13 (2) For the purpose mentioned in subsection (1), this Act-- 14 (a) applies the Commonwealth domestic commercial vessel 15 national law as a law of this State; and 16 (b) makes provision to enable the Commonwealth domestic 17 commercial vessel national law and the applied law of 18 this State to be administered on a uniform basis by the 19 Commonwealth (and by State officials as delegates of 20 the Commonwealth) as if they constituted a single law 21 of the Commonwealth. 22 4 Definitions 23 (1) In this Act-- 24 Page 4

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 1 Preliminary [s 4] applied provisions means the Commonwealth domestic 1 commercial vessel national law that applies as a law of this 2 State because of section 5, including any modification under 3 part 8. 4 Commonwealth administrative laws means the following 5 Commonwealth Acts, regulations or other legislative 6 instruments-- 7 (a) the Administrative Appeals Tribunal Act 1975, other 8 than part IVA; 9 (b) the Freedom of Information Act 1982; 10 (c) the Ombudsman Act 1976; 11 (d) the Privacy Act 1988; 12 (e) the regulations and other legislative instruments in force 13 under any of those Acts. 14 Commonwealth domestic commercial vessel national law 15 means the provisions of the following Acts, regulations or 16 other legislative instruments-- 17 (a) the Marine Safety (Domestic Commercial Vessel) 18 National Law of the Commonwealth (being the 19 provisions applying as a law of the Commonwealth 20 because of section 4 of the Marine Safety (Domestic 21 Commercial Vessel) National Law Act 2012 of the 22 Commonwealth); 23 (b) the regulations and other legislative instruments in force 24 under that Law; 25 (c) any other provision of a Commonwealth Act (or of a 26 regulation or other legislative instrument in force under 27 a Commonwealth Act) that is of a savings or transitional 28 nature consequent on the enactment or amendment of 29 that Law. 30 domestic commercial vessel national law see section 20. 31 domestic commercial vessel national regulation see section 32 20. 33 Page 5

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 2 The applied provisions [s 5] (2) Terms used in this Act and also in the Commonwealth 1 domestic commercial vessel national law have the same 2 meanings in this Act as they have in that law. 3 (3) In this Act, a reference to a Commonwealth Act includes a 4 reference to-- 5 (a) that Commonwealth Act, as amended and in force for 6 the time being; and 7 (b) an Act enacted in substitution for that Act and, if it is 8 amended, as amended and in force for the time being. 9 Part 2 The applied provisions 10 5 Application of Commonwealth laws as laws of this State 11 (1) The Commonwealth domestic commercial vessel national 12 law, as in force from time to time and as modified under this 13 Act, applies as a law of this State. 14 Note-- 15 See part 8 for modifications of the Commonwealth domestic 16 commercial vessel national law. 17 (2) The Commonwealth domestic commercial vessel national 18 law, as applied under subsection (1), applies as if it extended 19 to matters in relation to which this State may make laws-- 20 (a) whether or not the Commonwealth may make laws in 21 relation to those matters; and 22 (b) even though the Commonwealth domestic commercial 23 vessel national law provides that it applies only to 24 specified matters with respect to which the 25 Commonwealth may make laws. 26 (3) Subsection (2) does not operate to exclude a law of this State 27 relating to marine safety that would not otherwise be excluded 28 by the Commonwealth domestic commercial vessel national 29 law. 30 Page 6

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 3 Functions and powers under applied provisions [s 6] (4) A regulation may provide that the Commonwealth domestic 1 commercial vessel national law applies under this section as if 2 an amendment to that law-- 3 (a) made by a law of the Commonwealth; and 4 (b) stated in the regulation; 5 had not taken effect. 6 6 Interpretation of Commonwealth domestic commercial 7 vessel national law 8 (1) The Acts Interpretation Act 1901 of the Commonwealth 9 applies-- 10 (a) as a law of this State in relation to the interpretation of 11 the applied provisions; and 12 (b) so applies as if the applied provisions were a 13 Commonwealth Act or regulation or other legislative 14 instrument under a Commonwealth Act. 15 (2) The Acts Interpretation Act 1954 does not apply to the applied 16 provisions. 17 Part 3 Functions and powers under 18 applied provisions 19 7 Functions and powers of National Regulator and other 20 authorities and officers 21 The National Regulator and other authorities and officers 22 mentioned in the applied provisions have the same functions 23 and powers under the applied provisions as they have under 24 the Commonwealth domestic commercial vessel national law, 25 as that law applies to the Commonwealth. 26 Page 7

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 4 Offences [s 8] 8 Delegations by the National Regulator 1 Any delegation by the National Regulator under the 2 Commonwealth domestic commercial vessel national law, as 3 that law applies to the Commonwealth, is taken to extend to, 4 and have the effect for the purposes of, the corresponding 5 provision of the applied provisions. 6 Part 4 Offences 7 9 Object of pt 4 8 (1) The object of this part is to further the purpose of this Act by 9 providing for an offence against the applied provisions to be 10 treated as if it were an offence against a law of the 11 Commonwealth. 12 (2) The purposes for which an offence is to be treated as 13 mentioned in subsection (1) include, for example, the 14 following-- 15 (a) the investigation and prosecution of offences; 16 (b) the arrest, custody, bail, trial and conviction of offenders 17 or persons charged with offences; 18 (c) proceedings relating to a matter mentioned in paragraph 19 (a) or (b); 20 (d) appeals and reviews relating to criminal proceedings 21 and to proceedings of the kind mentioned in paragraph 22 (c); 23 (e) the sentencing, punishment and release of persons 24 convicted of offences; 25 (f) fines, penalties and forfeitures; 26 (g) infringement notices in connection with offences; 27 (h) liability to make reparation in connection with offences; 28 (i) proceeds of crime; 29 Page 8

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 4 Offences [s 10] (j) spent convictions. 1 (3) For the purposes of this part, offences include contraventions 2 for which a civil penalty may be imposed. 3 10 Application of Commonwealth criminal laws to offences 4 against applied provisions 5 (1) The relevant Commonwealth laws apply as laws of this State 6 in relation to an offence against the applied provisions as if 7 the provisions were a law of the Commonwealth and not a law 8 of this State. 9 (2) For the purposes of a law of this State, an offence against the 10 applied provisions-- 11 (a) is taken to be an offence against the laws of the 12 Commonwealth, in the same way as if the provisions 13 were a law of the Commonwealth; and 14 (b) is taken not to be an offence against the laws of this 15 State. 16 (3) Subsection (2) has effect for the purposes of a law of this State 17 other than as provided by a regulation made under this Act. 18 (4) In this section-- 19 relevant Commonwealth law means a law of the 20 Commonwealth relating to offences, including, for example, a 21 law relating to a purpose mentioned in section 9(2). 22 11 Functions and powers conferred on Commonwealth 23 officers and authorities relating to offences 24 (1) A Commonwealth law applying because of section 10 that 25 confers on a Commonwealth officer or authority a function or 26 power in relation to an offence against the Commonwealth 27 domestic commercial vessel national law also confers on the 28 officer or authority the same function or power in relation to 29 an offence against the corresponding provision of the applied 30 provisions. 31 Page 9

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 5 Administrative laws [s 12] (2) In performing a function or exercising a power conferred by 1 this section, the Commonwealth officer or authority must act 2 as nearly as practicable as the officer or authority would act in 3 performing or exercising the same function or power in 4 relation to an offence against the corresponding provision of 5 the Commonwealth domestic commercial vessel national law. 6 12 No double jeopardy for offences against applied 7 provisions 8 (1) This section applies if-- 9 (a) an act or omission is an offence against the applied 10 provisions and an offence against the Commonwealth 11 domestic commercial vessel national law; and 12 (b) the offender has been punished for that offence under 13 the Commonwealth domestic commercial vessel 14 national law. 15 (2) The offender is not liable to be punished for the offence under 16 the applied provisions. 17 Part 5 Administrative laws 18 13 Application of Commonwealth administrative laws to 19 applied provisions 20 (1) The Commonwealth administrative laws apply as laws of this 21 State to any matter arising in relation to the applied provisions 22 as if the provisions were a law of the Commonwealth and not 23 a law of this State. 24 (2) For the purposes of a law of this State, a matter arising in 25 relation to the applied provisions-- 26 (a) is taken to be a matter arising in relation to laws of the 27 Commonwealth in the same way as if the provisions 28 were a law of the Commonwealth; and 29 Page 10

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 6 Fees and fines [s 14] (b) is taken not to be a matter arising in relation to laws of 1 this State. 2 (3) Subsection (2) has effect for the purposes of a law of this State 3 other than as provided by a regulation made under this Act. 4 (4) Any provision of a Commonwealth administrative law 5 applying because of this section that purports to confer 6 jurisdiction on a federal court is taken not to have that effect. 7 (5) For the purposes of this section, a reference in a provision of 8 the Administrative Appeals Tribunal Act 1975 of the 9 Commonwealth, as that provision applies as a law of this 10 State, to the whole or any part of Part IVA of that Act is taken 11 to be a reference to the whole or any part of that Part as it has 12 effect as a law of the Commonwealth. 13 14 Functions and powers conferred on Commonwealth 14 officers and authorities 15 (1) A Commonwealth administrative law applying because of 16 section 13 that confers on a Commonwealth officer or 17 authority a function or power also confers on the officer or 18 authority the same function or power for a matter arising in 19 relation to the applied provisions. 20 (2) In performing a function or exercising a power conferred by 21 this section, the Commonwealth officer or authority must act 22 as nearly as practicable as the officer or authority would act in 23 performing or exercising the same function or power under 24 the Commonwealth administrative law. 25 Part 6 Fees and fines 26 15 Fees payable to officers or employees of State acting as 27 delegates 28 A regulation may prescribe fees payable to this State for 29 anything done under the Commonwealth domestic 30 Page 11

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 7 Miscellaneous [s 16] commercial vessel national law, or the applied provisions, by 1 a delegate or subdelegate of the National Regulator who is an 2 officer or employee of this State or an agency of this State. 3 16 Infringement notice fines 4 (1) An amount paid to this State by the National Regulator under 5 section 10 of the Marine Safety (Domestic Commercial 6 Vessel) National Law Act 2012 of the Commonwealth in 7 relation to an infringement notice is payable into the 8 consolidated fund. 9 (2) An amount payable by this State under section 10(2) of the 10 Marine Safety (Domestic Commercial Vessel) National Law 11 Act 2012 of the Commonwealth in relation to an infringement 12 notice is payable out of the consolidated fund. 13 17 Fines, fees etc not otherwise payable to State 14 (1) All fees, penalties, fines and other money that, under the 15 applied provisions, are authorised or directed to be payable by 16 or imposed on a person, other than an amount ordered to be 17 refunded to another person, must be paid to the 18 Commonwealth. 19 (2) Subsection (1) does not apply to fees mentioned in section 15. 20 Part 7 Miscellaneous 21 18 Things done for multiple purposes 22 The validity of a licence, certificate or other thing issued, 23 given or done for the purposes of the applied provisions is not 24 affected only because it was issued, given or done also for the 25 purposes of the Commonwealth domestic commercial vessel 26 national law. 27 Page 12

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 7 Miscellaneous [s 19] 19 Reference in Commonwealth law to a provision of 1 another law 2 For the purposes of sections 10 and 13, a reference in a 3 Commonwealth law to a provision of that or another 4 Commonwealth law is taken to be a reference to that 5 provision as applying because of those sections. 6 20 References to domestic commercial vessel national law 7 and domestic commercial vessel national regulation 8 (1) In an Act, a reference to the domestic commercial vessel 9 national law is a reference to-- 10 (a) the Commonwealth domestic commercial vessel 11 national law; and 12 (b) the applied provisions; and 13 (c) if the context requires or permits, the Commonwealth 14 domestic commercial vessel national law as it applies as 15 a law of another State (with or without modification). 16 (2) In an Act, a reference to the domestic commercial vessel 17 national regulation is a reference to-- 18 (a) the Commonwealth domestic commercial vessel 19 regulation; and 20 (b) the Commonwealth domestic commercial vessel 21 regulation as it applies as part of the applied provisions; 22 and 23 (c) if the context requires or permits, the Commonwealth 24 domestic commercial vessel regulation as it applies as a 25 law of another State (with or without modification). 26 (3) In an Act, a reference to a stated provision of the domestic 27 commercial vessel national law is a reference to-- 28 (a) the provision of that number in the Marine Safety 29 (Domestic Commercial Vessel) National Law set out in 30 schedule 1 of the Marine Safety (Domestic Commercial 31 Vessel) National Law Act 2012 of the Commonwealth, 32 Page 13

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 7 Miscellaneous [s 21] as it applies as part of the domestic commercial vessel 1 national law; and 2 (b) if the context requires or permits, the regulations and 3 other legislative instruments made under that provision. 4 (4) In an Act, a reference to a stated provision of the domestic 5 commercial vessel national regulation is a reference to the 6 provision of that number in the Commonwealth domestic 7 commercial vessel regulation, as it applies as part of the 8 domestic commercial vessel national law. 9 (5) In this section-- 10 Commonwealth domestic commercial vessel regulation 11 means the Marine Safety (Domestic Commercial Vessel) 12 National Law Regulation 2013 of the Commonwealth. 13 21 Provision of information and assistance by Queensland 14 information holder 15 (1) Despite any other Act or law, a Queensland information 16 holder is authorised, on the Queensland information holder's 17 own initiative or at the request of the National Regulator-- 18 (a) to provide the National Regulator with information 19 (including personal information and information given 20 in confidence) held by the department and reasonably 21 required by the National Regulator for administering the 22 domestic commercial vessel national law; and 23 (b) to provide the National Regulator with other assistance 24 reasonably required by the National Regulator to 25 exercise a function under the domestic commercial 26 vessel national law. 27 (2) Nothing done, or authorised to be done, by a Queensland 28 information holder in acting under subsection (1)-- 29 (a) constitutes a breach of, or default under, an Act or other 30 law; or 31 (b) constitutes a breach of, or default under, a contract, 32 agreement, understanding or undertaking; or 33 Page 14

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 8 Transitional provisions [s 22] (c) constitutes a breach of a duty of confidence (whether 1 arising by contract, in equity or by custom or in any 2 other way); or 3 (d) constitutes a civil or criminal wrong; or 4 (e) terminates an agreement or obligation, or fulfils any 5 condition that allows a person to terminate an agreement 6 or obligation, or gives rise to any other right or remedy; 7 or 8 (f) releases a surety or any other obligee wholly or in part 9 from an obligation. 10 (3) In this section-- 11 Queensland information holder means-- 12 (a) the chief executive; or 13 (b) an officer or employee of the department who has access 14 to information held by the department in the ordinary 15 course of performing duties in the department. 16 22 Regulation-making power 17 The Governor in Council may make regulations, not 18 inconsistent with this Act or the applied provisions, for or 19 with respect to any matter that by this Act is required or 20 permitted to be prescribed or that is necessary or convenient to 21 be prescribed for carrying out or giving effect to this Act or 22 the applied provisions. 23 Part 8 Transitional provisions 24 23 Definitions for part 25 In this part-- 26 commencement day means the day this part commences. 27 Page 15

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 8 Transitional provisions [s 24] transitional expiry day means the day 12 months after the 1 commencement day. 2 24 Application of transitional regulation provisions 3 (1) The transitional regulation provisions apply under the applied 4 provisions with the changes mentioned in this section. 5 (2) A reference in the transitional regulation provisions to a day 6 mentioned in column 1 of the following table is taken to be a 7 reference to the day mentioned in column 2 of the table-- 8 9 Column 1 Column 2 1 July 2013 the commencement day 1 January 2014 the day 6 months after the commencement day 30 June 2016 the day before the transitional expiry day 1 July 2016 the transitional expiry day (3) Subsection (4) applies to a TOMSA authority for a domestic 10 commercial vessel that, but for the subsection, would not be 11 an old certificate of operation under section 16 of the national 12 regulation. 13 (4) The TOMSA authority is taken to be an old certificate of 14 operation issued for the domestic commercial vessel for the 15 purposes of-- 16 (a) section 16 of the national regulation, other than 17 paragraph (a)(iv) of the definition trigger date; and 18 (b) the modification of section 48 of the Marine Safety 19 (Domestic Commercial Vessel) National Law of the 20 Commonwealth by section 16 of the national regulation. 21 (5) For the purposes of subsection (4), section 16 of the national 22 regulation applies with necessary changes. 23 (6) In this section-- 24 Page 16

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 8 Transitional provisions [s 25] national regulation means the Marine Safety (Domestic 1 Commercial Vessel) National Law Regulation 2013 of the 2 Commonwealth. 3 TOMSA authority, for a domestic commercial vessel, means 4 an authorisation under the Transport Operations (Marine 5 Safety) Act 1994 that, immediately before the commencement 6 day, entitles the vessel to operate under that Act. 7 transitional regulation provisions means Division 2.2 of the 8 national regulation. 9 25 Application of existing marine order about certificates of 10 operation 11 The Marine Order 504 (Certificates of operation -- national 12 law) 2013 of the Commonwealth applies under the applied 13 provisions with the following changes-- 14 (a) the reference in sections 7(1) and 11(1)(e)(i) to 30 June 15 2013 is taken to be a reference to the day immediately 16 before the commencement day; 17 (b) section 11(1)(e)(ii) does not apply. 18 26 Existing exemptions 19 (1) This section applies to an exemption in force, under section 20 143 of the Marine Safety (Domestic Commercial Vessel) 21 National Law of the Commonwealth, immediately before the 22 commencement day. 23 (2) From the commencement day, the exemption is taken also to 24 be granted under the corresponding provision of the applied 25 provisions. 26 (3) The exemption applies subject to sections 27 and 28. 27 27 Application of existing exemption about vessel identifiers 28 The Marine Safety (Vessel identifiers) Exemption 2013 of the 29 Commonwealth applies under the applied provisions, as 30 provided under section 26, with the following changes-- 31 Page 17

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 8 Transitional provisions [s 28] (a) the reference in section 5(1)(a) to 30 June 2013 is taken 1 to be a reference to the day before the commencement 2 day; 3 (b) the reference in section 5(2) to 30 June 2016 is taken to 4 be a reference to the day before the transitional expiry 5 day. 6 28 Application of existing exemption about certificates of 7 survey 8 The Marine Safety (Certificates of survey) Exemption 2015 of 9 the Commonwealth applies under the applied provisions, as 10 provided under section 26, with the following changes-- 11 (a) an existing vessel is taken to include a vessel in 12 existence on the commencement day to which the 13 applied provisions apply; 14 (b) the reference in schedule 1, division 3 to an existing 15 vessel is taken to include a reference to a vessel 16 mentioned in paragraph (a); 17 (c) the references in schedule 1, divisions 3 and 4 to 30 June 18 2013 are taken to be references to the day before the 19 commencement day; 20 (d) the reference in schedule 1, division 3 to 30 June 2016 is 21 taken to be a reference to the day before the transitional 22 expiry day. 23 29 Application of s 8 24 Section 8 applies to a delegation whether it was made before, 25 on or after the commencement day. 26 30 Existing subdelegations 27 (1) This section applies to a subdelegation to an officer or 28 employee of the State in force, under section 11(3) of the 29 Marine Safety (Domestic Commercial Vessel) National Law 30 Page 18

 


 

Transport Operations (Marine Safety--Domestic Commercial Vessel National Law Application) Bill 2015 Part 8 Transitional provisions [s 31] of the Commonwealth, immediately before the 1 commencement day. 2 (2) From the commencement day, the subdelegation is taken to 3 extend to, and have the effect for the purposes of, the 4 corresponding provision of the applied provisions. 5 31 Transitional regulation-making power 6 (1) A regulation (a transitional regulation) may make provision 7 of a savings or transitional nature-- 8 (a) for which it is necessary to make provision to allow or 9 facilitate the change, for domestic commercial vessels, 10 from the operation of the provisions of the Transport 11 Operations (Marine Safety) Act 1994 to the operation of 12 the applied provisions; and 13 (b) for which this Act or the applied provisions does not 14 make provision or sufficient provision. 15 (2) A transitional regulation may have retrospective operation to a 16 day that is not earlier than the commencement day. 17 (3) A transitional regulation must declare it is a transitional 18 regulation. 19 (4) This section and any transitional regulation expire 1 year after 20 the commencement day. 21 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 19

 


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