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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Maritime and Other
Legislation Amendment
Bill 2006
Queensland
Maritime and Other Legislation
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Maritime Safety Queensland Act 2002
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of s 4 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 15
5 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 15
6 Amendment of s 11 (Functions and powers of general manager) 15
7 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11A Delegation of functions of general manager. . . . . . . . 15
Part 3 Amendment of Transport Operations (Marine Pollution) Act
1995
8 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Amendment of s 5 (Words and expressions used in MARPOL
and this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Amendment of s 61 (Discharge of pollutant into coastal waters
prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Amendment of s 62 (Defences to discharge offence) . . . . . . . . . 17
12 Amendment of s 63 (Restrictions on transfer operations at night) 18
13 Amendment of s 67A (Ship's owner to have insurance) . . . . . . . . 18
14 Replacement of s 69 (Authorised officers subject to directions
from general manager). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
69 Authorised officer subject to directions of general
manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15 Amendment of s 70 (Powers of authorised officers). . . . . . . . . . . 19
16 Amendment of s 71 (Limitation on powers of authorised officer) . 19
17 Amendment of s 72 (Appointment of authorised officers) . . . . . . 19
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Maritime and Other Legislation Amendment Bill 2006
18 Amendment of s 73 (Authorised officer's appointment conditions) 20
19 Amendment of s 74 (Authorised officer's identity card) . . . . . . . . 20
20 Amendment of s 76 (Protection from liability). . . . . . . . . . . . . . . . 20
21 Amendment of s 82 (Power to seize evidence from places). . . . . 20
22 Amendment of s 83 (Power to seize after boarding ship). . . . . . . 21
23 Amendment of s 92 (Purpose of division) . . . . . . . . . . . . . . . . . . 21
24 Amendment of s 93 (State has prime responsibility for directing
emergency response). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 94 (Emergency declaration may overrule local
law) ............................................ 22
26 Replacement of ss 105 and 106. . . . . . . . . . . . . . . . . . . . . . . . . . 22
105 False or misleading statements . . . . . . . . . . . . . . . . . 22
106 False or misleading documents . . . . . . . . . . . . . . . . . 22
27 Amendment of s 110 (Compensation) . . . . . . . . . . . . . . . . . . . . . 22
28 Amendment of s 111 (Definitions for part) . . . . . . . . . . . . . . . . . . 23
29 Insertion of new s 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
112 General manager to set amounts for costs and
expenses relating to definition discharge expenses . . 23
30 Amendment of s 115 (Recovery of discharge expenses). . . . . . . 24
31 Amendment of s 116 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Insertion of new pt 13A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 13A Securing compliance with Act
Division 1 Purpose
117A Purpose of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2 Enforcement orders and interim enforcement
orders
117B Proceeding for enforcement order or interim
enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
117C Making enforcement order . . . . . . . . . . . . . . . . . . . . . 25
117D Making interim enforcement order . . . . . . . . . . . . . . . 26
117E Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
117F Powers of District Court about enforcement order or
interim enforcement order . . . . . . . . . . . . . . . . . . . . . 27
117G No undertaking as to damages or costs may be
required ............................... 28
Division 3 Undertakings
117H General manager may seek division 3 undertaking . . 28
117I Undertaking about other matter . . . . . . . . . . . . . . . . . 29
117J Variation and withdrawal of division 3 undertaking. . . 29
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Maritime and Other Legislation Amendment Bill 2006
117K Enforcement of division 3 undertaking . . . . . . . . . . . . 30
117L Register of division 3 undertakings . . . . . . . . . . . . . . 30
33 Amendment of s 118 (Evidentiary provisions) . . . . . . . . . . . . . . . 30
34 Amendment of s 122 (How discharge expenses may be
recovered) ..................................... 31
35 Replacement of s 127 (Court may make orders about
compensation and other matters). . . . . . . . . . . . . . . . . . . . . . . . . 31
126A Allegations of false or misleading statements or
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
127 Court may make orders about rehabilitation, etc.. . . . 32
36 Insertion of new pt 14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 14A Protection for whistleblowers
128A Definitions for pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . 33
128B Application of pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . 34
128C General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
128D Liability for conduct unaffected . . . . . . . . . . . . . . . . . . 35
128E Reprisal and grounds for reprisal . . . . . . . . . . . . . . . . 35
128F Damages entitlement or other remedy for reprisal . . . 36
128G False or misleading statements . . . . . . . . . . . . . . . . . 36
128H False or misleading documents . . . . . . . . . . . . . . . . . 36
37 Omission of pt 15, div 1 (Devolutions) . . . . . . . . . . . . . . . . . . . . . 36
38 Omission of pt 15, div 2, hdg (Delegations) . . . . . . . . . . . . . . . . . 37
39 Amendment of s 130 (Delegation by chief executive) . . . . . . . . . 37
40 Omission of ss 131 and 132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
41 Amendment of s 133 (Regulation-making power) . . . . . . . . . . . . 37
42 Replacement of pt 17, hdg (Transitional provisions for Maritime
Safety Queensland Act 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
43 Amendment of s 136 (Definitions for pt 20) . . . . . . . . . . . . . . . . . 38
44 Insertion of new pt 17, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 Provisions for Maritime and Other Legislation
Amendment Act 2006
143 Application of s 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
144 Application of s 67A for 1 year after commencement. 39
145 Authorised officers appointed by chief executive
officer of port authority . . . . . . . . . . . . . . . . . . . . . . . . 39
146 Protection from liability for port authorised officers
and others and continuing liability for port authorities 40
147 Making orders under s 127 and pt 13A, div 2. . . . . . . 40
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Maritime and Other Legislation Amendment Bill 2006
148 Delegation under s 132 as in force before
commencement .......................... 40
149 Previous exercise of powers by port authority officer
not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
150 Emergency response powers under pt 12, div 6 . . . . 41
151 Continuing liability of port authority for compensation 42
152 If port authority has started to recover discharge
expenses before commencement . . . . . . . . . . . . . . . 42
153 Application of s 118 to particular matters . . . . . . . . . . 43
45 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 43
Part 4 Amendment of Transport Operations (Marine Safety) Act
1994
46 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
47 Replacement of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 45
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Amendment of s 5 (Meaning of certificate of compliance) . . . . . . 45
49 Amendment of s 10 (Meaning of ship) . . . . . . . . . . . . . . . . . . . . . 45
50 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
10A Meaning of commercial ship, fishing ship and
recreational ship, and related provision . . . . . . . . . . . 46
51 Amendment of s 11 (General application of Act to ships) . . . . . . 46
52 Amendment of s 19 (Development of marine safety strategies). . 47
53 Amendment of s 34 (What mechanisms ensure safety). . . . . . . . 47
54 Amendment of s 40 (General safety obligation of ship designers
and builders and marine surveyors about condition of ships) . . . 47
55 Amendment of s 42 (Relationship between regulatory
provisions and general safety obligations about the condition of
ships) ........................................... 48
56 Amendment of s 47 (Notice of proposal to prepare draft
standard) ..................................... 48
57 Amendment of s 56 (Regulation may require registration of ship) 48
58 Amendment of s 57 (Contravention of registration obligations) . . 48
59 Amendment of s 60 (Regulation may require licences) . . . . . . . . 49
60 Amendment of s 62 (Grant, amendment and renewal of
licences) ...................................... 49
61 Amendment of s 63 (Cancellation, suspension and amendment
of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
62 Amendment of s 64 (Object of division) . . . . . . . . . . . . . . . . . . . . 50
63 Amendment of s 65 (Regulation may provide for accreditation). . 50
64 Amendment of s 79 (Delegation by harbour master) . . . . . . . . . . 50
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Maritime and Other Legislation Amendment Bill 2006
65 Amendment of s 80 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . 50
66 Amendment of s 86 (General limitation on harbour master's
power to give directions under subdivision) . . . . . . . . . . . . . . . . . 50
67 Insertion of new s 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86A Direction may be general or particular . . . . . . . . . . . . 51
68 Amendment of s 87 (Power of Minister to require directions). . . . 52
69 Insertion of new s 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
87B Direction to master about operation of ship in
relation to a marine incident area . . . . . . . . . . . . . . . . 53
70 Amendment of s 88 (Direction to master about operation of ship) 53
71 Amendment of s 89 (Direction to person in charge of a place) . . 54
72 Amendment of s 90 (Direction to person carrying out works) . . . 54
73 Amendment of s 91 (Direction to person about obstruction) . . . . 54
74 Amendment of s 92 (Direction to person to put out certain lights
etc.) ........................................... 55
75 Replacement of s 93 (Harbour master may carry out direction). . 55
93 Harbour master may carry out direction . . . . . . . . . . . 55
76 Amendment of s 94 (Recovery by State of expenses of carrying
out direction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
77 Amendment of s 125 (Marine incidents must be reported) . . . . . 57
78 Amendment of s 127 (Regular reports of marine incidents to
Minister) ......................................... 57
79 Amendment of s 139 (Protection of members, legal
representatives and witnesses) . . . . . . . . . . . . . . . . . . . . . . . . . . 57
80 Amendment of s 142 (Board's powers on inquiry) . . . . . . . . . . . . 58
81 Replacement of ss 148 and 149. . . . . . . . . . . . . . . . . . . . . . . . . . 58
148 False or misleading statements . . . . . . . . . . . . . . . . . 58
149 False or misleading documents . . . . . . . . . . . . . . . . . 59
82 Replacement of s 171 (Shipping inspector may direct that ship
stays at, or goes to, safe anchorage) . . . . . . . . . . . . . . . . . . . . . . 59
171 Direction if shipping inspector reasonably believes
ship is not safe or can not be operated safely . . . . . . 59
83 Amendment of s 172 (Shipping inspector may direct ship is
surveyed and order repairs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
84 Insertion of new s 172AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
172AA Shipping inspector may declare that ship is
unseaworthy and must not be operated . . . . . . . . . . . 61
85 Amendment of s 175A (Removing abandoned property) . . . . . . . 61
86 Replacement of ss 176 and 177. . . . . . . . . . . . . . . . . . . . . . . . . . 63
176 False or misleading statements . . . . . . . . . . . . . . . . . 64
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Maritime and Other Legislation Amendment Bill 2006
177 False or misleading documents . . . . . . . . . . . . . . . . . 64
87 Insertion of new pt 13A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 13A Securing compliance with Act
Division 1 Purpose
183A Purpose of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2 Enforcement orders and interim enforcement
orders
183B Proceeding for enforcement order or interim
enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
183C Making enforcement order . . . . . . . . . . . . . . . . . . . . . 65
183D Making interim enforcement order . . . . . . . . . . . . . . . 65
183E Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
183F Powers of District Court about enforcement order or
interim enforcement order . . . . . . . . . . . . . . . . . . . . . 67
183G No undertaking as to damages or costs may be
required ............................... 68
Division 3 Undertakings
183H General manager may seek division 3 undertaking . . 68
183I Undertaking about other matter . . . . . . . . . . . . . . . . . 68
183J Variation and withdrawal of division 3 undertaking. . . 69
183K Enforcement of division 3 undertaking . . . . . . . . . . . . 69
183L Register of division 3 undertakings . . . . . . . . . . . . . . 70
88 Insertion of new pt 15, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 70
89 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
200A Allegations of false or misleading statements or
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
90 Amendment of s 201 (Evidentiary provisions) . . . . . . . . . . . . . . . 70
91 Insertion of new pt 15, divs 24 . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 2 Licence disqualifications, cancellations and
suspensions
202A Disqualifying person from holding licence and
cancelling or suspending current licence . . . . . . . . . . 71
202B Dealing with order under s 202A . . . . . . . . . . . . . . . . 73
202C Licence cancelled when order made under s 202A . . 73
Division 3 Restricted licences
202D Restricted licence for disqualified person . . . . . . . . . . 73
202E Other limitations on ordering a restricted licence . . . . 75
202F Consideration of order for restricted licence when
making order disqualifying a person. . . . . . . . . . . . . . 77
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Maritime and Other Legislation Amendment Bill 2006
202G Application for, and grant of, restricted licence. . . . . . 77
202H Duration of restricted licence . . . . . . . . . . . . . . . . . . . 78
202I Regulation-making power in relation to restricted
licence ............................... 78
202J Offence of operating ship other than under a
restricted licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
202K Variation of restrictions . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 4 Removal of disqualification
202L Application for removal of disqualification under div 2 80
202M Court hearing an application . . . . . . . . . . . . . . . . . . . 81
92 Replacement of pt 16 (Appeals). . . . . . . . . . . . . . . . . . . . . . . . . . 82
Part 15A Protection for whistleblowers
202N Definitions for pt 15A . . . . . . . . . . . . . . . . . . . . . . . . . 82
202O Application of pt 15A . . . . . . . . . . . . . . . . . . . . . . . . . 83
202P General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
202Q Liability for conduct unaffected . . . . . . . . . . . . . . . . . . 83
202R Reprisal and grounds for reprisal . . . . . . . . . . . . . . . . 84
202S Damages entitlement or other remedy for reprisal . . . 84
202T False or misleading statements . . . . . . . . . . . . . . . . . 85
202U False or misleading documents . . . . . . . . . . . . . . . . . 85
Part 16 Review of and appeals against particular
decisions
203 Definitions for pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . 85
203A Main purposes of pt 16. . . . . . . . . . . . . . . . . . . . . . . . 86
203B Review of original decision . . . . . . . . . . . . . . . . . . . . . 86
203C Appeal against reviewed decision . . . . . . . . . . . . . . . 87
203D Decisions that can not be appealed against etc. . . . . 88
203E Appropriate appeal court . . . . . . . . . . . . . . . . . . . . . . 88
204 Appeals in relation to disqualification under s 202A. . 89
93 Amendment of s 205 (False or misleading documents) . . . . . . . . 89
94 Amendment of s 205A (Inquiries about person's suitability to
conduct examinations or conduct training programs) . . . . . . . . . . 90
95 Insertion of new s 205B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
205B Electronic search to verify person is holder of licence 90
96 Amendment of s 206 (Signals of distress) . . . . . . . . . . . . . . . . . . 91
97 Replacement of s 215 (Pilotage fees and conservancy dues) . . . 91
215 Pilotage fees, conservancy dues and related matters 91
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Maritime and Other Legislation Amendment Bill 2006
98 Amendment of 217 (Regulations about aquatic events and
activities) ....................................... 92
99 Amendment of s 218 (Other matters for regulations) . . . . . . . . . . 92
100 Insertion of new s 219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
219 General manager's power to fix other matters by
gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
101 Insertion of new pt 19, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 94
102 Omission of s 224 (Existing approvals, consents, licences,
permits etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
103 Replacement of pt 20, hdg (Transitional provisions for Maritime
Safety Queensland Act 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
104 Amendment of s 225 (Definitions for pt 20) . . . . . . . . . . . . . . . . . 94
105 Insertion of new pt 19, div 3 and schedule . . . . . . . . . . . . . . . . . . 95
Division 3 Provisions for Maritime and Other Legislation
Amendment Act 2006
236 References in other legislation to words defined
in s 4 ................................ 95
237 Provisions relating to the power of harbour masters
before the commencement to give directions. . . . . . . 95
238 Reasonable excuse for not reporting marine incident 96
239 Direction or notice given by shipping inspector
before the commencement. . . . . . . . . . . . . . . . . . . . . 96
240 Property seized under s 175A before the
commencement .......................... 97
241 Enforcement order or interim enforcement order only
if offence committed after the commencement. . . . . . 97
242 Disqualification under s 202A only if offence
committed after the commencement . . . . . . . . . . . . . 97
243 Decisions made before the commencement . . . . . . . 97
244 Existing licences to drive speedboats and other
recreational ship master's licences. . . . . . . . . . . . . . . 98
Schedule Dictionary
Part 5 Amendment of other legislation
Division 1 Amendment of Transport Infrastructure Act 1994
106 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
107 Amendment of s 84B (State toll road corridor land on rail
corridor land) ..................................... 105
108 Amendment of s 85 (Power to enter into road franchise
agreements) ..................................... 105
109 Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
85A Franchised road on rail corridor land . . . . . . . . . . . . . 106
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Maritime and Other Legislation Amendment Bill 2006
110 Amendment of s 90 (Application of other provisions of this
chapter) ....................................... 107
111 Amendment of s 92 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . 108
112 Amendment of s 94 (Liability for toll and user administration
charge and satisfying the liability) . . . . . . . . . . . . . . . . . . . . . . . . 108
113 Amendment of s 96 (Application of div 3). . . . . . . . . . . . . . . . . . . 108
114 Amendment of s 97 (Definition for div 3) . . . . . . . . . . . . . . . . . . . 108
115 Amendment of s 98 (Liability for administration charge in
addition to unpaid toll and user administration charge) . . . . . . . . 108
116 Amendment of s 105B (Definitions for pt 8) . . . . . . . . . . . . . . . . . 109
117 Omission of s 105D (Local government to keep Minister
informed) ..................................... 110
118 Amendment of s 105E (Minister may amend approval) . . . . . . . . 110
119 Amendment of s 105F (When approval has effect) . . . . . . . . . . . 110
120 Replacement of s 105G (State not liable for loss relating to
approved tollway project) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 2A Local government tollway
Subdivision 1 Declaration
105G Request for declaration . . . . . . . . . . . . . . . . . . . . . . . 110
105GA Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
105GB Amendment etc. of declaration or conditions at
request of local government . . . . . . . . . . . . . . . . . . . . 112
Subdivision 2 Compliance with conditions of declaration
105GC Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
105GD Failure to comply with compliance notice if no local
government tollway franchise agreement . . . . . . . . . . 115
105GE Effect of revocation notice or suspension notice . . . . 116
105GF Failure to comply with compliance notice for
schedule 5 condition. . . . . . . . . . . . . . . . . . . . . . . . . . 117
105GG Failure to comply with compliance notice for
schedule 5A condition . . . . . . . . . . . . . . . . . . . . . . . . 119
Subdivision 3 Appeal
105GH Decision by Minister in relation to notice . . . . . . . . . . 120
105GI Appeal against decision . . . . . . . . . . . . . . . . . . . . . . . 121
121 Amendment of s 105H (Declaration of land as local government
tollway corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
122 Amendment of s 105Y (Power to enter into tollway franchise
agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
123 Replacement of s 105ZA (Annual report on operation of part) . . 123
105ZA Annual report on operation of part . . . . . . . . . . . . . . . 123
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Maritime and Other Legislation Amendment Bill 2006
124 Replacement of ch 6, pt 8, div 6, hdg (Local government
tollways) ...................................... 123
125 Replacement of ch 6, pt 8, div 6, sdiv 1 (Declaration of local
government tollways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Subdivision 1 Notice of tolling matters
105ZB Local government to give notice of tolling matters . . . 124
126 Amendment of s 105ZF (Definition for sdiv 3) . . . . . . . . . . . . . . . 124
127 Amendment of s 105ZG (Liability for administration charge in
addition to unpaid toll and user administration charge) . . . . . . . . 124
128 Insertion of new ch 6, pt 8, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 7 Miscellaneous
105ZOA Local government to keep Minister informed . . . . . . . 125
105ZOB State not liable for loss relating to local government
tollway etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
129 Amendment of s 249 (Railways on particular roads) . . . . . . . . . . 126
130 Amendment of s 275 (Functions of port authorities) . . . . . . . . . . 127
131 Amendment of s 285 (Land use plans) . . . . . . . . . . . . . . . . . . . . 128
132 Amendment of sch 5 (Matters for notice for toll road or local
government tollway) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
133 Insertion of new sch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Schedule 5A Other matters for conditions for local
government tollways
134 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 2 Amendment of Transport Operations (Passenger Transport)
Act 1994
135 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
136 Insertion of new s 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
83A Requirement for limousine service licence for
stretched passenger car. . . . . . . . . . . . . . . . . . . . . . . 130
137 Insertion of new s 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
145 Chief executive may declare particular motor
vehicles ............................. 130
138 Insertion of new ch 13, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Part 4 Provision for Maritime and Other Legislation
Amendment Act 2006
179 Amendment of regulation by Maritime and Other
Legislation Amendment Act 2006 does not affect
powers of Governor in Council . . . . . . . . . . . . . . . . . . 131
139 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 131
11
Maritime and Other Legislation Amendment Bill 2006
Division 3 Amendment of Transport Operations (Road Use
Management) Act 1995
140 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
141 Amendment of s 78 (Driving of motor vehicle without a driver
licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
142 Insertion of new s 79AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
79AA Provisions applying to supervisor of a learner . . . . . . 134
143 Insertion of new ss 79B79D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
79B Immediate suspension or disqualification. . . . . . . . . . 135
79C When person is charged for s 79B . . . . . . . . . . . . . . . 136
79D Notice to be given of suspension or disqualification. . 137
144 Amendment of s 86 (Disqualification of drivers of motor vehicles
for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
145 Insertion of new s 150AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
150AB Regulation about particular suspensions . . . . . . . . . . 138
146 Insertion of new ch 7, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Part 8 Transitional provision for Maritime and Other
Legislation Amendment Act 2006
204 Transitional provision for ss 79B79D . . . . . . . . . . . . 139
Division 4 Amendment of Transport Planning and Coordination Act
1994
147 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
148 Amendment of s 28D (Powers regarding property) . . . . . . . . . . . 139
149 Insertion of new s 28DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
28DA Approved tollway project becomes local government
tollway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 5 Other minor amendments of legislation
150 Other minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Schedule 1 Other minor amendments of legislation . . . . . . . . . . . . . . . . . 141
Off-shore Facilities Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 141
Transport Operations (Passenger Transport) Regulation 2005 . . 142
Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 143
Schedule 2 Amendment of waterway transport management plans
under the Transport Infrastructure Act 1994 . . . . . . . . . . . . . 144
Transport Infrastructure (Gold Coast Waterways) Management
Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Transport Infrastructure (Sunshine Coast Waterways)
Management Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
12
Maritime and Other Legislation Amendment Bill 2006
Transport Infrastructure (Yeppoon Waterways) Management
Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
2006
A Bill
for
An Act to amend the Maritime Safety Queensland Act 2002, the
Transport Operations (Marine Pollution) Act 1995 and the
Transport Operations (Marine Safety) Act 1994, and for other
purposes
s1 14 s3
Maritime and Other Legislation Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Maritime and Other Legislation 4
Amendment Act 2006. 5
Clause 2 Commencement 6
The following provisions commence on a date to be fixed by 7
proclamation-- 8
· section 13 9
· section 44, to the extent it inserts section 144 in the 10
Transport Operations (Marine Pollution) Act 1995 11
· section 91 12
· section 92, to the extent it inserts section 204 in the 13
Transport Operations (Marine Safety) Act 1994 14
· section 95 15
· section 105, to the extent it inserts section 242 in the 16
Transport Operations (Marine Safety) Act 1994 17
· part 5, division 3. 18
Part 2 Amendment of Maritime Safety 19
Queensland Act 2002 20
Clause 3 Act amended in pt 2 21
This part amends the Maritime Safety Queensland Act 2002. 22
s4 15 s7
Maritime and Other Legislation Amendment Bill 2006
Clause 4 Amendment of s 4 (Purpose of Act) 1
Section 4, `and ship-sourced pollution'-- 2
omit, insert-- 3
`, ship-sourced pollution and related matters'. 4
Clause 5 Amendment of s 8 (Functions and powers of MSQ) 5
(1) Section 8(1)(a)(iv)-- 6
omit, insert-- 7
`(iv) to approve an entity to conduct training programs 8
for the operation of ships or to conduct 9
examinations for issuing licences under that Act; 10
and'. 11
(2) Section 8(1)(a)-- 12
insert-- 13
`(x) to monitor and manage unseaworthy ships or 14
abandoned, stranded, sunk or wrecked ships;'. 15
Clause 6 Amendment of s 11 (Functions and powers of general 16
manager) 17
Section 11(5)-- 18
omit. 19
Clause 7 Insertion of new s 11A 20
Part 2, division 2-- 21
insert-- 22
`11A Delegation of functions of general manager 23
`(1) The general manager may delegate to an appropriate person 24
(the delegate) a function of the general manager under this or 25
another Act. 26
`(2) The delegation may permit the delegate to subdelegate the 27
delegated function to an appropriate person. 28
`(3) This section applies despite a provision to the contrary in an 29
Act. 30
s8 16 s 10
Maritime and Other Legislation Amendment Bill 2006
`(4) In this section-- 1
appropriate person means any of the following-- 2
(a) an employee of MSQ; 3
(b) an authorised officer under the Transport Operations 4
(Marine Pollution) Act 1995; 5
(c) a shipping inspector under the Transport Operations 6
(Marine Safety) Act 1994. 7
function includes a power.'. 8
Part 3 Amendment of Transport 9
Operations (Marine Pollution) 10
Act 1995 11
Clause 8 Act amended in pt 3 12
This part amends the Transport Operations (Marine 13
Pollution) Act 1995. 14
Clause 9 Amendment of s 5 (Words and expressions used in 15
MARPOL and this Act) 16
Section 5(2)(b), after `41,'-- 17
insert-- 18
`46,'. 19
Clause 10 Amendment of s 61 (Discharge of pollutant into coastal 20
waters prohibited) 21
Section 61(1), `water'-- 22
omit, insert-- 23
`waters'. 24
s 11 17 s 11
Maritime and Other Legislation Amendment Bill 2006
Clause 11 Amendment of s 62 (Defences to discharge offence) 1
(1) Section 62(b)-- 2
omit, insert-- 3
`(b) the discharge happened because of a fault in transfer 4
apparatus not operated at the master's direction and-- 5
(i) if the person charged with committing the offence 6
is the ship's owner or master-- 7
(A) before the transfer operation, the owner or 8
master did not know, or could not reasonably 9
have known, about the existence of the fault 10
and the master took all reasonable steps to 11
find out whether the transfer apparatus was 12
in good working order; and 13
(B) after the discharge happened or was 14
discovered, the master took all reasonable 15
precautions to prevent or minimise the 16
discharge; or 17
(ii) if the person charged with committing the offence 18
is another member of the ship's crew whose act 19
caused the discharge--the person did not know, or 20
could not reasonably have known, about the 21
existence of the fault;'. 22
(2) Section 62-- 23
insert-- 24
`(2) For subsection (1)(b)(i)(A), the master must prove that the 25
master took all reasonable steps to find out from all members 26
of the ship's crew any information concerning any fault in the 27
transfer apparatus known to them. 28
`(3) In this section-- 29
fault, in transfer apparatus, does not include any existing 30
defect in the transfer apparatus resulting from an event, lack 31
of maintenance or anything else that happened while the 32
transfer apparatus was under the direction of the master of the 33
ship.'. 34
s 12 18 s 13
Maritime and Other Legislation Amendment Bill 2006
Clause 12 Amendment of s 63 (Restrictions on transfer operations 1
at night) 2
(1) Section 63, heading, after `operations'-- 3
insert-- 4
`for particular ships'. 5
(2) Section 63(2) to (4)-- 6
renumber as section 63(3) to (5). 7
(3) Section 63(1)-- 8
omit, insert-- 9
`(1) This section applies if a ship is more than 15m in length 10
overall. 11
`(2) A transfer operation for the ship must not be conducted 12
between sunset and sunrise (a night transfer operation), 13
unless an authorised officer-- 14
(a) has been given notice of the operation; and 15
(b) has given written approval for it.'. 16
Clause 13 Amendment of s 67A (Ship's owner to have insurance) 17
(1) Section 67A(1)-- 18
omit, insert-- 19
`(1) This section applies if a ship is more than 15m in length 20
overall.'. 21
(2) Section 67A-- 22
insert-- 23
`(3) The Minister may recommend the making of a regulation 24
under subsection (4) only if-- 25
(a) the Minister has had regard to the risk of the ship 26
discharging pollutants into, or being abandoned or 27
wrecked in, coastal waters; and 28
(b) the Minister is reasonably satisfied that, for the 29
particular type of ship, an insurance policy mentioned in 30
subsection (2) could not reasonably be obtained or kept 31
in force. 32
s 14 19 s 17
Maritime and Other Legislation Amendment Bill 2006
`(4) A regulation may exempt a ship from the application of this 1
section. 2
`(5) A regulation under subsection (4) may provide that, for the 3
exemption to apply, an owner of the ship must comply with 4
conditions stated in the regulation. 5
6
Example of conditions that a regulation may provide--
7
A regulation may provide that an owner develop and implement a risk
8
management plan including matters mentioned in the regulation or that
9
an owner must not operate the ship with more than a stated type or
10
quantity of pollutant on board the ship.'.
Clause 14 Replacement of s 69 (Authorised officers subject to 11
directions from general manager) 12
Section 69-- 13
omit, insert-- 14
`69 Authorised officer subject to directions of general 15
manager 16
`An authorised officer is subject to the directions of the 17
general manager in exercising the powers of an authorised 18
officer.'. 19
Clause 15 Amendment of s 70 (Powers of authorised officers) 20
Section 70(2) and (3)-- 21
omit. 22
Clause 16 Amendment of s 71 (Limitation on powers of authorised 23
officer) 24
Section 71(1)(c)-- 25
omit, insert-- 26
`(c) by notice of the general manager given to the authorised 27
officer.'. 28
Clause 17 Amendment of s 72 (Appointment of authorised officers) 29
Section 72(2) and (3)-- 30
s 18 20 s 21
Maritime and Other Legislation Amendment Bill 2006
omit, insert-- 1
`(2) A person may be appointed as an authorised officer only if the 2
general manager considers, on reasonable grounds, that the 3
person has the necessary expertise or experience to be an 4
authorised officer.'. 5
Clause 18 Amendment of s 73 (Authorised officer's appointment 6
conditions) 7
Section 73(2)(b), `administering executive'-- 8
omit, insert-- 9
`general manager'. 10
Clause 19 Amendment of s 74 (Authorised officer's identity card) 11
(1) Section 74(1) and (5), `administering executive'-- 12
omit, insert-- 13
`general manager'. 14
(2) Section 74(3) and (4)-- 15
omit. 16
(3) Section 74(5) and (6)-- 17
renumber as section 74(3) and (4). 18
Clause 20 Amendment of s 76 (Protection from liability) 19
Section 76(2), from `instead to'-- 20
omit, insert-- 21
`instead to the State.'. 22
Clause 21 Amendment of s 82 (Power to seize evidence from 23
places) 24
Section 82(5), `administering executive'-- 25
omit, insert-- 26
`general manager'. 27
s 22 21 s 24
Maritime and Other Legislation Amendment Bill 2006
Clause 22 Amendment of s 83 (Power to seize after boarding ship) 1
Section 83(3), `administering executive'-- 2
omit, insert-- 3
`general manager'. 4
Clause 23 Amendment of s 92 (Purpose of division) 5
Section 92, from `a port authority' to `State (generally)'-- 6
omit, insert-- 7
`the State'. 8
Clause 24 Amendment of s 93 (State has prime responsibility for 9
directing emergency response) 10
(1) Section 93(1), `(the discharge)'-- 11
omit, insert-- 12
`(a relevant discharge)'. 13
(2) Section 93(2) and (5), `the discharge'-- 14
omit, insert-- 15
`a relevant discharge'. 16
(3) Section 93(3) and (4)-- 17
omit, insert-- 18
`(3) The State may enter into an agreement with a port authority 19
about the port authority responding to a relevant discharge 20
within the port limits of the port. 21
`(4) To the extent stated in either of the following agreements 22
between the State and a port authority, the port authority has 23
responsibility within the port limits of the port for directing 24
and coordinating the State's response if there is a relevant 25
discharge within the port limits-- 26
(a) an agreement under subsection (3); 27
(b) an agreement of the type mentioned in subsection (3) 28
entered into before the commencement of this 29
subsection.'. 30
s 25 22 s 27
Maritime and Other Legislation Amendment Bill 2006
Clause 25 Amendment of s 94 (Emergency declaration may overrule 1
local law) 2
Section 94(1), `the State or port authority's response'-- 3
omit, insert-- 4
`the State's response'. 5
Clause 26 Replacement of ss 105 and 106 6
Sections 105 and 106-- 7
omit, insert-- 8
`105 False or misleading statements 9
`A person must not state anything to an authorised officer that 10
the person knows is false or misleading in a material 11
particular. 12
Maximum penalty--350 penalty units. 13
`106 False or misleading documents 14
`(1) A person must not give an authorised officer a document 15
containing information the person knows is false or 16
misleading in a material particular. 17
Maximum penalty--350 penalty units. 18
`(2) Subsection (1) does not apply to a person if the person, when 19
giving the document-- 20
(a) informs the authorised officer, to the best of the person's 21
ability, how it is false or misleading; and 22
(b) if the person has, or can reasonably obtain, the correct 23
information, gives the correct information.'. 24
Clause 27 Amendment of s 110 (Compensation) 25
(1) Section 110(1), after `compensation'-- 26
insert-- 27
`from the State'. 28
s 28 23 s 29
Maritime and Other Legislation Amendment Bill 2006
(2) Section 110(2)-- 1
omit. 2
(3) Section 110(3), `compensation may'-- 3
omit, insert-- 4
`compensation from the State may'. 5
(4) Section 110(5), `The regulations'-- 6
omit, insert-- 7
`A regulation'. 8
(5) Section 110(3) to (5)-- 9
renumber as section 110(2) to (4). 10
Clause 28 Amendment of s 111 (Definitions for part) 11
(1) Section 111, definition discharge expenses, paragraph (a), 12
subparagraphs (iia) to (v)-- 13
renumber as section 111, definition discharge expenses, 14
paragraph (a), subparagraphs (iii) to (vi). 15
(2) Section 111, definition discharge expenses, paragraph (b), `or 16
port authority'-- 17
omit. 18
Clause 29 Insertion of new s 112 19
After section 111-- 20
insert-- 21
`112 General manager to set amounts for costs and 22
expenses relating to definition discharge expenses 23
`(1) The general manager may, by gazette notice, set an amount 24
for the services of a person, or the use or provision of ships or 25
equipment, for a section 111 activity. 26
`(2) Despite subsection (1), if the State contracts for the services 27
of a person, or contracts or hires the use or provision of ships 28
or equipment, for a section 111 activity, the actual cost for the 29
contract or hiring is the amount to be used for the definition 30
discharge expenses. 31
s 30 24 s 32
Maritime and Other Legislation Amendment Bill 2006
`(3) A claim by the State for discharge expenses based on the 1
amounts as gazetted or incurred for a matter as mentioned in 2
this section is, in the absence of contrary evidence, taken to be 3
the State's reasonable costs and expenses in relation to the 4
matter for the purposes of the definition discharge expenses. 5
`(4) The State's discharge expenses may include other matters not 6
mentioned in a gazette notice under subsection (1). 7
`(5) In this section-- 8
section 111 activity means an activity mentioned in the 9
definition discharge expenses, paragraph (a).'. 10
Clause 30 Amendment of s 115 (Recovery of discharge expenses) 11
(1) Section 115(3), (4), (5)(c), (6), (8) and (9), `administering 12
authority'-- 13
omit, insert-- 14
`general manager'. 15
(2) Section 115(9)(a), `administering authority's'-- 16
omit, insert-- 17
`general manager's'. 18
Clause 31 Amendment of s 116 (Appeals) 19
(1) Section 116(2)(a), `administering authority'-- 20
omit, insert-- 21
`general manager'. 22
(2) Section 116(2)(a), `a District Court'-- 23
omit, insert-- 24
`the District Court'. 25
Clause 32 Insertion of new pt 13A 26
After section 117-- 27
insert-- 28
s 32 25 s 32
Maritime and Other Legislation Amendment Bill 2006
`Part 13A Securing compliance with Act 1
`Division 1 Purpose 2
`117A Purpose of pt 13A 3
`(1) The purpose of this part is to provide for alternative ways of 4
ensuring compliance with this Act. 5
`(2) Division 2 provides for enforcement orders and interim 6
enforcement orders if a person has failed to comply with any 7
of the following-- 8
(a) a direction, requirement or order given to the person by 9
the general manager or an authorised officer; 10
(b) a division 3 undertaking given by the person to the 11
general manager. 12
`(3) Division 3 provides for undertakings. 13
`Division 2 Enforcement orders and interim 14
enforcement orders 15
`117B Proceeding for enforcement order or interim 16
enforcement order 17
`A prescribed applicant may bring a proceeding in the District 18
Court for any of the following-- 19
(a) an enforcement order; 20
(b) an order cancelling or amending an enforcement order 21
or interim enforcement order. 22
`117C Making enforcement order 23
`(1) The District Court may make an enforcement order if the 24
court is satisfied about any of the following-- 25
(a) a notice offence has been committed or, unless an 26
enforcement order is made, will be committed; 27
s 32 26 s 32
Maritime and Other Legislation Amendment Bill 2006
(b) an intervention direction has been contravened or, unless 1
an enforcement order is made, will be contravened; 2
(c) a division 3 undertaking has been contravened or, unless 3
an enforcement order is made, will be contravened. 4
`(2) Subsection (1) applies whether or not there has been a 5
prosecution for the notice offence. 6
`117D Making interim enforcement order 7
`(1) If a prescribed applicant has brought a proceeding for an 8
enforcement order but the District Court has not decided the 9
proceeding, the court may make an interim enforcement order 10
if it is satisfied it would be appropriate to make the interim 11
enforcement order. 12
`(2) The District Court may make the interim enforcement order 13
on application by the prescribed applicant or on its own 14
initiative. 15
`(3) An interim enforcement order may be made subject to 16
conditions. 17
`117E Effect of order 18
`(1) An enforcement order or an interim enforcement order may 19
direct a person (the respondent) to do 1 or more of the 20
following-- 21
(a) to stop an activity that constitutes, or will constitute, a 22
notice offence or a contravention of an intervention 23
direction or division 3 undertaking; 24
(b) not to start an activity that will constitute a notice 25
offence or a contravention of an intervention direction or 26
division 3 undertaking; 27
(c) to do anything required to stop committing a notice 28
offence, or a contravention of an intervention direction 29
or division 3 undertaking, including, for example, 30
requiring the repair, demolition or removal of a ship or a 31
part of a ship. 32
s 32 27 s 32
Maritime and Other Legislation Amendment Bill 2006
`(2) If an enforcement order or an interim enforcement order is 1
made as mentioned in subsection (1), the District Court may 2
do either or both of the following-- 3
(a) direct the respondent to give a security bond to the State 4
for a stated period for a matter mentioned in the 5
enforcement order or interim enforcement order; 6
(b) make another order the court considers appropriate. 7
`(3) An enforcement order or interim enforcement order-- 8
(a) may be in terms the District Court considers appropriate 9
to secure compliance with this Act; and 10
(b) must state the time by which the order is to be complied 11
with. 12
`(4) A person who contravenes an enforcement order or interim 13
enforcement order commits an offence against this Act. 14
Maximum penalty--1000 penalty units or 1 year's 15
imprisonment. 16
`(5) The District Court may order the forfeiture to the State of all 17
or part of the security bond given by the respondent under 18
subsection (2)(a) if-- 19
(a) a prescribed applicant applies to the court for an order 20
for the forfeiture of all or part of the security bond; and 21
(b) the court is satisfied that the respondent contravened the 22
enforcement order or interim enforcement order during 23
the period for which the security bond was given, 24
whether or not the respondent has been prosecuted for 25
an offence against subsection (4). 26
`117F Powers of District Court about enforcement order or 27
interim enforcement order 28
`(1) The District Court's power to make an enforcement order or 29
interim enforcement order to stop, or not to start, an activity 30
may be exercised whether or not-- 31
(a) it appears to the court that the person against whom the 32
order is made intends to engage, or to continue to 33
engage, in the activity; or 34
s 32 28 s 32
Maritime and Other Legislation Amendment Bill 2006
(b) the person has previously engaged in an activity of the 1
kind; or 2
(c) there is danger of substantial damage to the Queensland 3
marine and coastal environment if the person engages, 4
or continues to engage, in the activity. 5
`(2) The District Court's power to make an enforcement order or 6
interim enforcement order to do anything may be exercised 7
whether or not-- 8
(a) it appears to the court that the person against whom the 9
order is made intends to fail, or to continue to fail, to do 10
the thing; or 11
(b) the person has previously failed to do a thing of the 12
kind; or 13
(c) there is danger of substantial damage to the Queensland 14
marine and coastal environment if the person fails, or 15
continues to fail, to do the thing. 16
`(3) The District Court may cancel or amend an enforcement order 17
or interim enforcement order. 18
`(4) The District Court's power under this section is in addition to 19
its other powers. 20
`117G No undertaking as to damages or costs may be 21
required 22
`To remove any doubt, it is declared that no undertaking as to 23
damages or costs may be required of a prescribed applicant or 24
the State in relation to an enforcement order or interim 25
enforcement order. 26
`Division 3 Undertakings 27
`117H General manager may seek division 3 undertaking 28
`(1) This section applies if the general manager believes, on 29
reasonable grounds, that a person has contravened, will 30
contravene or will be involved in a contravention of, this Act. 31
s 32 29 s 32
Maritime and Other Legislation Amendment Bill 2006
`(2) The general manager may, by written notice given to the 1
person-- 2
(a) state the act or omission the general manager believes is, 3
or will constitute, the contravention or involvement with 4
the contravention; and 5
(b) ask the person to give the general manager a written 6
undertaking under this division (a division 3 7
undertaking) that the person will not commit, continue 8
to commit or repeat the act or omission. 9
`117I Undertaking about other matter 10
`Without limiting section 117H, the general manager may 11
accept a division 3 undertaking given by a person for this 12
division about anything for which the chief executive, general 13
manager or marine pollution controller has a function or 14
power under this Act. 15
`117J Variation and withdrawal of division 3 undertaking 16
`(1) This section applies if the general manager has accepted a 17
division 3 undertaking given by a person. 18
`(2) The person may vary or withdraw the division 3 undertaking 19
only if the general manager agrees to the variation or 20
withdrawal. 21
`(3) The general manager may-- 22
(a) vary the division 3 undertaking only if the person agrees 23
to the variation; or 24
(b) withdraw the division 3 undertaking only if the general 25
manager reasonably believes either of the following-- 26
(i) before the division 3 undertaking was accepted, the 27
person contravened this Act in a way unknown to 28
the general manager and, had the general manager 29
known about the contravention, he or she would 30
not have accepted the division 3 undertaking; 31
(ii) the division 3 undertaking is no longer necessary. 32
s 33 30 s 33
Maritime and Other Legislation Amendment Bill 2006
`(4) If a division 3 undertaking is varied or withdrawn under this 1
section, the general manager must give written notice of the 2
variation or withdrawal to the person. 3
`(5) The variation or withdrawal takes effect when written notice 4
of the variation or withdrawal is given to the person. 5
`117K Enforcement of division 3 undertaking 6
`(1) This section applies if the general manager believes, on 7
reasonable grounds, a person-- 8
(a) has contravened a term of a division 3 undertaking; or 9
(b) will contravene a term of a division 3 undertaking, 10
unless an enforcement order is made. 11
`(2) The general manager may apply to the District Court for an 12
enforcement order under division 2. 13
`117L Register of division 3 undertakings 14
`(1) The general manager must, in any way the general manager 15
considers appropriate, keep a register of each division 3 16
undertaking given to the general manager by a person under 17
this division. 18
`(2) Also, the general manager must ensure the register is available 19
for public inspection, without charge, at a place prescribed 20
under a regulation during normal working hours.'. 21
Clause 33 Amendment of s 118 (Evidentiary provisions) 22
(1) Section 118(2), (3) and (5), `administering executive'-- 23
omit, insert-- 24
`general manager'. 25
(2) Section 118(4), `administering authority or administering 26
executive'-- 27
omit, insert-- 28
`general manager'. 29
s 34 31 s 35
Maritime and Other Legislation Amendment Bill 2006
(3) Section 118(9), from `administering authority applies' to `by 1
it'-- 2
omit, insert-- 3
`general manager applies to recover the costs and expenses 4
incurred by the State or a port authority'. 5
(4) Section 118(9)(a), from `administering authority' to 6
`incurred'-- 7
omit, insert-- 8
`general manager stating that stated costs and expenses were 9
incurred by the State or a port authority'. 10
Clause 34 Amendment of s 122 (How discharge expenses may be 11
recovered) 12
(1) Section 122(5)-- 13
renumber as section 122(6). 14
(2) Section 122-- 15
insert-- 16
`(5) This section does not limit the general manager's power to 17
recover discharge expenses by making a demand against a 18
security as mentioned in section 115(3).1'. 19
Clause 35 Replacement of s 127 (Court may make orders about 20
compensation and other matters) 21
Section 127-- 22
omit, insert-- 23
`126A Allegations of false or misleading statements or 24
documents 25
`It is enough for a complaint for an offence against section 26
105, 106, 128G or 128H to state that a statement made, or 27
document given, was `false or misleading' to the person's 28
knowledge, without specifying whether it was false or 29
whether it was misleading. 30
1 Section 115 (Recovery of discharge expenses)
s 35 32 s 35
Maritime and Other Legislation Amendment Bill 2006
`127 Court may make orders about rehabilitation, etc. 1
`(1) If a person is convicted of an offence against this Act, the 2
court dealing with the matter may make an order under this 3
section in addition to-- 4
(a) any other penalty the court may impose under this Act, 5
the Penalties and Sentences Act 1992 or another Act; or 6
(b) any other order the court may make under this Act, the 7
Penalties and Sentences Act 1992 or another Act. 8
9
Note--
10
See section 147(1) if an offence was committed entirely before the
11
commencement of section 147.
`(2) The court may order the defendant to do 1 or more of the 12
following-- 13
(a) to take stated action to rehabilitate or restore 14
Queensland's marine and coastal environment damaged 15
because of the act or omission constituting the offence; 16
(b) on application only by the prosecution, to do 1 or more 17
of the following-- 18
(i) to conduct a stated advertising or education 19
campaign to promote compliance with the Act; 20
(ii) to make a stated private apology or publish a stated 21
public apology to persons affected by the 22
contravention; 23
(iii) to operate a stated ship in a particular way, 24
including putting a stated procedure or system in 25
place for or on the ship to ensure compliance with 26
the Act; 27
(iv) to repair, modify or replace a stated ship or part of 28
a ship, or repair, modify, install or replace stated 29
machinery or equipment on a stated ship to ensure 30
compliance with the Act; 31
(v) to start or stop a stated activity in relation to a 32
stated ship; 33
(vi) not to own or operate any ship unless the general 34
manager has given written consent for the 35
ownership or operation; 36
s 36 33 s 36
Maritime and Other Legislation Amendment Bill 2006
(c) to comply with another order the court considers 1
appropriate. 2
`(3) Also, if-- 3
(a) a person is convicted of an offence against this Act or 4
the Transport Operations (Marine Safety) Act 1994; and 5
(b) the act or omission constituting the offence caused the 6
State or a port authority to incur discharge expenses in 7
relation to a discharge or likely discharge of pollutant 8
from a ship into coastal waters; 9
the court may order the defendant to pay to the State or the 10
port authority the amount that could be recovered under 11
section 122(1). 12
`(4) An order under this section is subject to any limitation of 13
liability that may apply under a law of the State or the 14
Commonwealth. 15
16
Example--
17
Protection of the Sea (Civil Liability) Act 1981 (Cwlth)
A person who contravenes an order under this section 18
`(5)
commits an offence against this Act. 19
Maximum penalty--3500 penalty units or 2 years 20
imprisonment.'. 21
Clause 36 Insertion of new pt 14A 22
After section 128-- 23
insert-- 24
`Part 14A Protection for whistleblowers 25
`128A Definitions for pt 14A 26
`In this part-- 27
disclosing person see section 128C(1). 28
official means-- 29
(a) the chief executive; or 30
(b) the general manager; or 31
s 36 34 s 36
Maritime and Other Legislation Amendment Bill 2006
(c) the marine pollution controller; or 1
(d) an authorised officer. 2
reprisal see section 128E(3). 3
`128B Application of pt 14A 4
`(1) This part applies to a person other than a person who makes a 5
disclosure as a public officer under the Whistleblowers 6
Protection Act 1994. 7
`(2) If a disclosure is made under the Whistleblowers Protection 8
Act 1994, this part does not limit the application of that Act 9
and that Act does limit the application of this part. 10
`128C General limitation 11
`(1) A person (the disclosing person) is not civilly or criminally 12
liable for disclosing information to an official about a person's 13
conduct, whether committed before or after the 14
commencement of this section, that the disclosing person 15
honestly believes, on reasonable grounds, contravenes this 16
Act. 17
`(2) Without limiting subsection (1)-- 18
(a) in a proceeding for defamation, the disclosing person 19
has a defence of absolute privilege for publishing the 20
disclosed information; and 21
(b) if the disclosing person would otherwise be required to 22
maintain confidentiality about the disclosed information 23
under an Act, agreement, oath, rule of law or practice, 24
the disclosing person does not-- 25
(i) contravene the Act, oath, rule of law or practice by 26
making the disclosure; or 27
(ii) breach the agreement by making the disclosure. 28
`(3) In this section-- 29
agreement includes a contract or deed. 30
s 36 35 s 36
Maritime and Other Legislation Amendment Bill 2006
`128D Liability for conduct unaffected 1
`(1) The liability of the disclosing person for his or her own 2
conduct is not affected only because the disclosing person 3
discloses the conduct to an official. 4
`(2) However, a court may have regard to the disclosure if the 5
disclosing person is prosecuted for an offence involving the 6
conduct and either of the following applies-- 7
(a) the disclosing person is the master of a ship and his or 8
her conduct was in compliance with an express 9
instruction of the owner of the ship or someone 10
authorised by the owner to give the instruction; 11
(b) the disclosing person is another member of a ship's crew 12
and his or her conduct was in compliance with an 13
express instruction of the master of the ship or someone 14
authorised by the master to give the instruction. 15
`(3) Subsection (2) does not limit the Penalties and Sentences Act 16
1992. 17
`128E Reprisal and grounds for reprisal 18
`(1) A person must not cause, or attempt or conspire to cause, 19
detriment to another person because, or in the belief that, 20
anybody has made, or may make, a disclosure as mentioned in 21
section 128C(1). 22
`(2) An attempt to cause detriment includes an attempt to induce a 23
person to cause detriment. 24
`(3) A contravention of subsection (1) is a reprisal or the taking of 25
a reprisal. 26
`(4) A ground mentioned in subsection (1) as the ground for a 27
reprisal is the unlawful ground for the reprisal. 28
`(5) For the contravention to happen, it is sufficient if the unlawful 29
ground is a substantial ground for the act or omission that is 30
the reprisal, even if there is another ground for the act or 31
omission. 32
s 37 36 s 37
Maritime and Other Legislation Amendment Bill 2006
`128F Damages entitlement or other remedy for reprisal 1
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 2
damages to anyone who suffers detriment as a result. 3
`(2) Any appropriate remedy that may be granted by a court for a 4
tort may be granted by a court for the taking of a reprisal. 5
`(3) If the claim for damages goes to trial in the Supreme Court or 6
the District Court, it must be decided by a judge sitting 7
without a jury. 8
`(4) This section does not limit any other remedy that may be 9
available at law to the person against whom the reprisal is 10
taken. 11
`128G False or misleading statements 12
`A person must not, for section 128C(1), state anything to an 13
official that the person knows is false or misleading in a 14
material particular. 15
Maximum penalty--200 penalty units. 16
`128H False or misleading documents 17
`(1) A person must not, for section 128C(1), give an official a 18
document containing information the person knows is false or 19
misleading in a material particular. 20
Maximum penalty--200 penalty units. 21
`(2) Subsection (1) does not apply to a person if the person, when 22
giving the document-- 23
(a) informs the official, to the best of the person's ability, 24
how it is false or misleading; and 25
(b) if the person has, or can reasonably obtain, the correct 26
information, gives the correct information.'. 27
Clause 37 Omission of pt 15, div 1 (Devolutions) 28
Part 15, division 1-- 29
omit. 30
s 38 37 s 42
Maritime and Other Legislation Amendment Bill 2006
Clause 38 Omission of pt 15, div 2, hdg (Delegations) 1
Part 15, division 2, heading-- 2
omit. 3
Clause 39 Amendment of s 130 (Delegation by chief executive) 4
(1) Section 130, `powers'-- 5
omit, insert-- 6
`functions'. 7
(2) Section 130-- 8
insert-- 9
`(2) In this section-- 10
functions include powers.'. 11
Clause 40 Omission of ss 131 and 132 12
Sections 131 and 132-- 13
omit. 14
Clause 41 Amendment of s 133 (Regulation-making power) 15
(1) Section 133(2)(i), `an administering authority'-- 16
omit, insert-- 17
`the general manager'. 18
(2) Section 133(2)(m)-- 19
omit. 20
Clause 42 Replacement of pt 17, hdg (Transitional provisions for 21
Maritime Safety Queensland Act 2002) 22
Part 17, heading-- 23
s 43 38 s 44
Maritime and Other Legislation Amendment Bill 2006
omit, insert-- 1
`Part 17 Transitional provisions 2
`Division 1 Provisions for Maritime Safety 3
Queensland Act 2002'. 4
Clause 43 Amendment of s 136 (Definitions for pt 20) 5
(1) Section 136, heading-- 6
omit, insert-- 7
`136 Definitions for div 1'. 8
(2) Section 136, definition commencement-- 9
omit, insert-- 10
`commencement means 6 August 2002.'. 11
Clause 44 Insertion of new pt 17, div 2 12
After section 142-- 13
insert-- 14
`Division 2 Provisions for Maritime and Other 15
Legislation Amendment Act 2006 16
`143 Application of s 62 17
`(1) Section 62, as in force immediately after the commencement 18
of this section, does not apply in relation to an offence against 19
section 612 committed entirely before the commencement. 20
`(2) However section 62, as in force immediately before the 21
commencement, applies in relation to an offence against 22
section 61 committed entirely before the commencement. 23
2 Section 61 (Discharge of pollutant into coastal waters prohibited)
s 44 39 s 44
Maritime and Other Legislation Amendment Bill 2006
`144 Application of s 67A for 1 year after commencement 1
`(1) This section applies to a ship that is more than 15m, but not 2
more than 35m, in length overall. 3
`(2) The ship's owner does not commit an offence against section 4
67A(2) if, during the period of 1 year after the 5
commencement of this section, the ship's owner does not 6
comply with that subsection. 7
`(3) This section expires 1 year after its commencement. 8
`145 Authorised officers appointed by chief executive 9
officer of port authority 10
`(1) On the commencement of this section, a port authorised 11
officer stops being an authorised officer for the purposes of 12
this Act, including for the application of section 74.3 13
`(2) A person who, immediately before the commencement, was a 14
port authorised officer must, within 21 days after the 15
commencement, return to the general manager the identity 16
card given to the person under section 74, as in force at any 17
time before the commencement, unless the person has a 18
reasonable excuse. 19
Maximum penalty--40 penalty units. 20
`(3) Without limiting the court's power to find an excuse is a 21
reasonable excuse, it is a reasonable excuse if-- 22
(a) for the purposes of section 74 and other purposes, the 23
identity card is a single identity card; and 24
(b) within 21 days after the commencement-- 25
(i) the person sought a new card in relation to the 26
other purposes and gave written notice to the 27
general manager about the other purposes; but 28
(ii) a new card in relation to the other purposes had not 29
been issued. 30
`(4) The employment relationship between the person and the port 31
authority in relation to which the person was previously 32
3 Section 74 (Authorised officer's identity card)
s 44 40 s 44
Maritime and Other Legislation Amendment Bill 2006
appointed as an authorised officer is not affected only because 1
of this section. 2
`146 Protection from liability for port authorised officers 3
and others and continuing liability for port authorities 4
`Section 76, as in force immediately before the 5
commencement of this section, continues to apply in relation 6
to an act or omission of a port authorised officer or a person 7
acting under the direction of a port authorised officer. 8
`147 Making orders under s 127 and pt 13A, div 2 9
`(1) Despite section 127 as in force after the commencement of 10
this section, section 127 as in force immediately before the 11
commencement continues to apply to an offence committed 12
entirely before the commencement. 13
`(2) An enforcement order or interim enforcement order may not 14
be made under part 13A, division 2 in relation to an offence 15
committed entirely before the commencement. 16
`148 Delegation under s 132 as in force before 17
commencement 18
`(1) This section applies to a delegation under section 132 by the 19
general manager of a power under this Act as the delegation is 20
in force immediately before the commencement of this 21
section. 22
`(2) The delegation continues in force as a delegation under the 23
Maritime Safety Queensland Act 2002, section 11A until it is 24
amended or repealed under that Act. 25
26
Note--
27
The Maritime Safety Queensland Act 2002, section 11A provides for the
28
general manager to delegate his or her functions under that Act or
29
another Act to appropriate persons, namely an employee of MSQ, an
30
authorised officer or a shipping inspector under the Transport
31
Operations (Marine Safety) Act 1994.
s 44 41 s 44
Maritime and Other Legislation Amendment Bill 2006
`149 Previous exercise of powers by port authority officer 1
not affected 2
`(1) Section 145(1) does not affect the exercise of a power by a 3
port authorised officer made under this Act before the 4
commencement of this section as an authorised officer, 5
including, for example, under part 12, divisions 3, 4 and 5. 6
`(2) However, if this Act provides that after exercising a power, an 7
authorised officer must do a thing (discharge a duty), the port 8
authorised officer must discharge the duty and give written 9
notice to the general manager about discharging the duty. 10
11
Example for subsection (2)--
12
Under section 84, an authorised officer may have exercised a power and
13
detained a ship before the commencement of this section. However, the
14
authorised officer may not have given an approved notice under section
15
85 about the detention before the commencement. A person who was a
16
port authorised officer must comply with section 85 and give a notice to
17
the ship's master.
`(3) Also, if this Act provides that after exercising a power (the 18
first power), an authorised officer may exercise another power 19
(other power)-- 20
(a) the port authorised officer may not exercise the other 21
power but must give written notice to the general 22
manager about the other power not having been 23
exercised; and 24
(b) the general manager may exercise the other power even 25
though the provision about the other power provides that 26
the other power may only be exercised by the authorised 27
officer who exercised the first power. 28
`150 Emergency response powers under pt 12, div 6 29
`(1) If, immediately before the commencement of this section, a 30
port authority had prime responsibility for a discharge as 31
mentioned in section 93(3) as in force immediately before the 32
commencement-- 33
(a) the port authority continues to have the prime 34
responsibility; but 35
(b) the State may assume prime responsibility in the way 36
stated in section 93(4) as in force immediately before 37
s 44 42 s 44
Maritime and Other Legislation Amendment Bill 2006
the commencement as if that subsection had not been 1
omitted by the Maritime and Other Legislation 2
Amendment Act 2006. 3
`(2) A declaration under section 94(1), as in force immediately 4
before the commencement, is not affected only because the 5
declaration could not be made under section 94(1) after the 6
commencement. 7
`151 Continuing liability of port authority for compensation 8
`(1) This section applies to a person who may, before the 9
commencement of this section, claim compensation from a 10
port authority under section 110 as in force before the 11
commencement of this section. 12
`(2) Section 110, as in force immediately before the 13
commencement, continues to apply in relation to the person 14
and the person may make a claim under that section as if that 15
section had not been amended. 16
`(3) If, under this section, the port authority pays compensation to 17
a person, the definition discharge expenses in section 111 is 18
taken to include an amount reasonably paid as compensation 19
by the port authority. 20
`152 If port authority has started to recover discharge 21
expenses before commencement 22
`(1) If, before the commencement of this section, a port authority 23
started to recover discharge expenses under section 115 and 24
the matter was not completed on the commencement, the port 25
authority may continue to recover the discharge expenses 26
under section 115 as if-- 27
(a) the section had not been amended; and 28
(b) the definition administering authority had not been 29
omitted by the Maritime and Other Legislation 30
Amendment Act 2006. 31
`(2) An appeal may be made by or against a port authority under 32
section 116 as if that section had not been amended by the 33
Maritime and Other Legislation Amendment Act 2006 if-- 34
s 45 43 s 45
Maritime and Other Legislation Amendment Bill 2006
(a) immediately before the commencement, an appeal may 1
be made under section 116 by a person whose interests 2
were affected by a decision under section 115; or 3
(b) a person's interests were affected by a decision under 4
section 115 as in force immediately before the 5
commencement because of subsection (1). 6
`153 Application of s 118 to particular matters 7
`Section 118, as in force immediately before the 8
commencement of this section, applies in relation to a matter 9
for a proceeding under this Act if-- 10
(a) a provision is amended by the Maritime and Other 11
Legislation Amendment Act 2006; and 12
(b) the provision, as in force immediately before the 13
amendment, continues to apply in relation to the 14
matter.'. 15
Clause 45 Amendment of schedule (Dictionary) 16
(1) Schedule, definitions administering authority, administering 17
executive, chief executive officer and devolved matter-- 18
omit. 19
(2) Schedule-- 20
insert-- 21
`convicted, of an offence, means being found guilty of the 22
offence, on a plea of guilty or otherwise, whether or not a 23
conviction is recorded. 24
disclosing person see section 128C(1). 25
division 3 undertaking see section 117H(2)(b). 26
enforcement order means an order of the District Court under 27
part 13A, division 2-- 28
(a) to remedy or restrain the commission of a notice offence 29
or a contravention of an intervention direction; or 30
(b) to ensure compliance with a division 3 undertaking. 31
s 45 44 s 45
Maritime and Other Legislation Amendment Bill 2006
interim enforcement order means an order under section 1
117D. 2
intervention direction means a direction issued under section 3
98(2)(b) of the kind authorised under section 99. 4
marine pollution controller see section 93A. 5
notice offence means an offence against any of the following 6
provisions constituted by a person contravening an approval, 7
direction, notice, requirement or order given to the person 8
under this Act-- 9
· section 63(5) 10
· section 66(5) 11
· section 84(3) 12
· section 84(5) 13
· section 89(2) 14
· section 95(6) 15
· section 96(3) 16
· section 103(2). 17
official, for part 14A, see section 128A. 18
port authorised officer, for part 17, division 2, means a person 19
who was, immediately before the commencement of section 20
145, an authorised officer appointed by the chief executive 21
officer of a port authority. 22
prescribed applicant, for part 13A, means any of the 23
following-- 24
(a) the chief executive; 25
(b) the general manager; 26
(c) the marine pollution controller. 27
reprisal, for part 14A, see section 128E(3). 28
territorial sea means the territorial sea of Australia.'. 29
(3) Schedule, definition port limits, `, chapter 5A'-- 30
omit. 31
s 46 45 s 49
Maritime and Other Legislation Amendment Bill 2006
Part 4 Amendment of Transport 1
Operations (Marine Safety) Act 2
1994 3
Clause 46 Act amended in pt 4 4
This part amends the Transport Operations (Marine Safety) 5
Act 1994. 6
Clause 47 Replacement of s 4 (Definitions) 7
Section 4-- 8
omit, insert-- 9
`4 Dictionary 10
`The dictionary in the schedule defines particular words used 11
in this Act.'. 12
Clause 48 Amendment of s 5 (Meaning of certificate of compliance) 13
Section 5(1) and (2), `or builder'-- 14
omit, insert-- 15
`, ship builder'. 16
Clause 49 Amendment of s 10 (Meaning of ship) 17
(1) Section 10(1)-- 18
omit, insert-- 19
`(1) A ship is any kind of boat or other vessel used, or intended to 20
be used, in navigation by water or for any other purpose on 21
water.'. 22
(2) Section 10(2)-- 23
insert-- 24
`(c) whether it is on land or in water.'. 25
(3) Section 10-- 26
s 50 46 s 51
Maritime and Other Legislation Amendment Bill 2006
insert-- 1
`(7) A reference to a ship includes the ship's equipment.'. 2
Clause 50 Insertion of new s 10A 3
Part 1, division 3-- 4
insert-- 5
`10A Meaning of commercial ship, fishing ship and 6
recreational ship, and related provision 7
`(1) A commercial ship is-- 8
(a) a ship other than a fishing ship or recreational ship; or 9
(b) a tender to a ship other than a fishing ship or recreational 10
ship. 11
`(2) A fishing ship is-- 12
(a) a ship authorised, under an authority under the Fisheries 13
Act 1994, for fishing purposes; or 14
(b) a ship authorised, under a development permit under the 15
Integrated Planning Act 1997, for aquaculture purposes; 16
or 17
(c) a ship that is a boat for which a licence has been granted 18
under the Fisheries Management Act 1991 (Cwlth) or 19
the Torres Strait Fisheries Act 1984 (Cwlth); or 20
(d) a tender to a ship mentioned in paragraph (a), (b) or (c). 21
`(3) A recreational ship is-- 22
(a) a ship used only for private recreation; or 23
(b) a tender to a ship used only for private recreation. 24
`(4) For subsection (3), a regulation may provide for deciding if a 25
ship is used only for private recreation.'. 26
Clause 51 Amendment of s 11 (General application of Act to ships) 27
(1) Section 11(1)(a), after `be'-- 28
insert-- 29
`, including while they are outside Queensland waters'. 30
s 52 47 s 54
Maritime and Other Legislation Amendment Bill 2006
(2) Section 11(1)(c), after `voyages'-- 1
insert-- 2
`, including while they are outside Queensland waters'. 3
Clause 52 Amendment of s 19 (Development of marine safety 4
strategies) 5
Section 19-- 6
insert-- 7
`(5) In this section-- 8
coordination plan means the Transport Coordination Plan 9
developed under the Transport Planning and Coordination 10
Act 1994.'. 11
Clause 53 Amendment of s 34 (What mechanisms ensure safety) 12
Section 34(b), `and builders'-- 13
omit, insert-- 14
`, ship builders'. 15
Clause 54 Amendment of s 40 (General safety obligation of ship 16
designers and builders and marine surveyors about 17
condition of ships) 18
(1) Section 40, heading, `and builders'-- 19
omit, insert-- 20
`, ship builders'. 21
(2) Section 40(1), `or builder'-- 22
omit, insert-- 23
`, ship builder'. 24
(3) Section 40(2), `the person'-- 25
omit, insert-- 26
`the accredited ship designer, ship builder or marine 27
surveyor'. 28
s 55 48 s 58
Maritime and Other Legislation Amendment Bill 2006
Clause 55 Amendment of s 42 (Relationship between regulatory 1
provisions and general safety obligations about the 2
condition of ships) 3
(1) Section 42(1), definition general safety provision-- 4
omit, insert-- 5
`general safety provision means section 40 or 41.'. 6
(2) Section 42(2)(a), after `contravened a'-- 7
insert-- 8
`general'. 9
Clause 56 Amendment of s 47 (Notice of proposal to prepare draft 10
standard) 11
Section 47(5), from `of the draft standard'-- 12
omit, insert-- 13
`of the proposal to prepare a draft standard and ask for its 14
advice on the proposal.'. 15
Clause 57 Amendment of s 56 (Regulation may require registration 16
of ship) 17
Section 56, after `the ship'-- 18
insert-- 19
`as a commercial ship, fishing ship or recreational ship'. 20
Clause 58 Amendment of s 57 (Contravention of registration 21
obligations) 22
(1) Section 57(2)-- 23
renumber as section 57(5). 24
(2) Section 57-- 25
insert-- 26
`(2) If a ship is registered as a recreational ship, the ship's owner 27
or master must not operate the ship except as a recreational 28
ship or as otherwise provided for under a regulation. 29
s 59 49 s 61
Maritime and Other Legislation Amendment Bill 2006
`(3) If a ship is registered as a commercial ship, the ship's owner 1
or master must not operate the ship except as a commercial 2
ship or as otherwise provided for under a regulation. 3
`(4) If a ship is registered as a fishing ship, the ship's owner or 4
master must not operate the ship except as a fishing ship or as 5
otherwise provided for under a regulation.'. 6
Clause 59 Amendment of s 60 (Regulation may require licences) 7
Section 60-- 8
insert-- 9
`(2) In this section-- 10
licence includes a certificate of competency, service or 11
recognition and a permit.'. 12
Clause 60 Amendment of s 62 (Grant, amendment and renewal of 13
licences) 14
Section 62(3)-- 15
omit, insert-- 16
`(3) Also, a regulation may provide for either the chief executive 17
or the general manager-- 18
(a) to conduct examinations, or to approve an entity to 19
conduct examinations, to establish whether a person 20
meets a requirement under a regulation; or 21
(b) to approve an entity to conduct training programs about 22
the operation of ships.'. 23
Clause 61 Amendment of s 63 (Cancellation, suspension and 24
amendment of licences) 25
Section 63-- 26
insert-- 27
28
`Note--
29
Section 202C(1) provides that, when an order is made under section
30
202A for a person, a licence, and any subsisting licence, held by the
31
person for whom the order is made is cancelled. Also, section 202I
s 62 50 s 66
Maritime and Other Legislation Amendment Bill 2006
1
provides for a regulation-making power for cancelling or suspending a
2
restricted licence.'.
Clause 62 Amendment of s 64 (Object of division) 3
Section 64, `and builders'-- 4
omit, insert-- 5
`, ship builders'. 6
Clause 63 Amendment of s 65 (Regulation may provide for 7
accreditation) 8
Section 65, `or builder'-- 9
omit, insert-- 10
`, ship builder'. 11
Clause 64 Amendment of s 79 (Delegation by harbour master) 12
(1) Section 79(1), `powers'-- 13
omit, insert-- 14
`functions'. 15
(2) Section 79-- 16
insert-- 17
`(3) In this section-- 18
functions include powers.'. 19
Clause 65 Amendment of s 80 (Identity cards) 20
Section 80(2), after `delegates'-- 21
insert-- 22
`functions or'. 23
Clause 66 Amendment of s 86 (General limitation on harbour 24
master's power to give directions under subdivision) 25
(1) Section 86(1)-- 26
s 67 51 s 67
Maritime and Other Legislation Amendment Bill 2006
omit, insert-- 1
`(1) A harbour master may give a direction under this subdivision 2
only if the harbour master reasonably considers it necessary to 3
give the direction to ensure safety.'. 4
(2) Section 86(3) and (4)-- 5
omit. 6
Clause 67 Insertion of new s 86A 7
After section 86-- 8
insert-- 9
`86A Direction may be general or particular 10
`(1) A direction under this subdivision may be given as a general 11
direction or particular direction. 12
`(2) A general direction is a direction that-- 13
(a) applies to all ship owners, ship masters, ships, other 14
persons or matters; or 15
(b) is limited in its application to stated classes of ship 16
owners, ship masters, ships, other persons or matters; or 17
(c) otherwise applies generally or generally with stated 18
exceptions or factors. 19
`(3) A general direction may-- 20
(a) make different provision for different ship owners, ship 21
masters, ships, other persons or matters, or different 22
classes of ship owners, ship masters, ships, other 23
persons or matters; or 24
(b) apply differently to stated exceptions or factors. 25
`(4) A particular direction is a direction that applies to-- 26
(a) a particular ship owner or ship master, including an 27
owner or master mentioned in the direction only as the 28
owner or master of a stated particular ship; or 29
(b) a particular ship; or 30
(c) another particular person or matter. 31
s 68 52 s 68
Maritime and Other Legislation Amendment Bill 2006
`(5) A general direction or particular direction may be given 1
orally, in writing or in another way. 2
`(6) Without limiting subsection (5)-- 3
(a) an oral direction may be given by the harbour master, an 4
agent of the harbour master or a shipping inspector-- 5
(i) personally to a person; or 6
(ii) by phone, radio or or another form of electronic 7
communication; or 8
(iii) by megaphone or another form of distance 9
communication; or 10
(b) a written direction may be given by way of a written 11
notice published or otherwise reasonably made available 12
or known to any person to whom it applies, including, 13
for example, by publication in a newspaper or by a fax 14
or email; or 15
(c) a direction may be given in another way appropriate for 16
the maritime environment by being published or 17
otherwise reasonably made available or known to any 18
person to whom it applies, including, for example, by 19
use of flags or lights. 20
`(7) For a particular direction applying to a ship's master, the 21
direction may be given to another person in control of the ship 22
if it is not practicable to give the particular direction to the 23
ship's master. 24
`(8) A particular direction given under subsection (7) to a person 25
in control of a ship, other than the ship's master, is taken to 26
have been given to the ship's master. 27
`(9) In a proceeding, if an issue arises about whether a direction 28
was given to a person, the party alleging the direction was 29
given must prove that the person had, or reasonably ought to 30
have had, knowledge of the direction.'. 31
Clause 68 Amendment of s 87 (Power of Minister to require 32
directions) 33
(1) Section 87, `particular'-- 34
omit. 35
s 69 53 s 70
Maritime and Other Legislation Amendment Bill 2006
(2) Section 87(2), from `86(1)' to `does not'-- 1
omit, insert-- 2
`86 does not'. 3
Clause 69 Insertion of new s 87B 4
After section 87A-- 5
insert-- 6
`87B Direction to master about operation of ship in 7
relation to a marine incident area 8
`(1) A harbour master may direct the master of a ship to operate 9
the ship in a stated way. 10
`(2) Without limiting subsection (1), the harbour master may 11
direct the master of a ship in or adjacent to a marine incident 12
area to operate the ship in a stated way, including, for 13
example, in any of the following ways-- 14
(a) not to cause the ship to enter the marine incident area; 15
(b) to cause the ship to enter the marine incident area in a 16
stated way; 17
(c) to navigate the ship in the marine incident area in a 18
stated way; 19
(d) to anchor, berth or moor the ship at a stated place in the 20
marine incident area; 21
(e) to move the ship from an anchorage, berth or mooring in 22
the marine incident area; 23
(f) to cause the ship to leave the marine incident area or to 24
leave the marine incident area in a stated way. 25
`(3) A person must not contravene a direction under this section, 26
unless the person has a reasonable excuse. 27
Maximum penalty for subsection (3)--200 penalty units.'. 28
Clause 70 Amendment of s 88 (Direction to master about operation 29
of ship) 30
(1) Section 88, heading-- 31
s 71 54 s 73
Maritime and Other Legislation Amendment Bill 2006
omit, insert-- 1
`88 Direction to master about operation of ship in relation to 2
pilotage area'. 3
(2) Section 88(1), after `operate the ship'-- 4
insert-- 5
`in relation to a pilotage area'. 6
(3) Section 88(1)(a) to (f), `a pilotage area'-- 7
omit, insert-- 8
`the pilotage area'. 9
Clause 71 Amendment of s 89 (Direction to person in charge of a 10
place) 11
Section 89(1), after `adjacent to, a'-- 12
insert-- 13
`marine incident area or'. 14
Clause 72 Amendment of s 90 (Direction to person carrying out 15
works) 16
Section 90(1), after `in or near a'-- 17
insert-- 18
`marine incident area or'. 19
Clause 73 Amendment of s 91 (Direction to person about 20
obstruction) 21
Section 91(1) and (2)-- 22
omit, insert-- 23
`(1) A harbour master may direct a person responsible for 24
something that is obstructing, or may obstruct, navigation to 25
remove it. 26
`(2) The direction may specify how, when and to where the thing 27
must be moved.'. 28
s 74 55 s 75
Maritime and Other Legislation Amendment Bill 2006
Clause 74 Amendment of s 92 (Direction to person to put out certain 1
lights etc.) 2
(1) Section 92(1)-- 3
omit, insert-- 4
`(1) This section applies if a harbour master reasonably believes a 5
light, sign, signal, electrical or radio installation or equipment 6
or anything else (a source of interference)-- 7
(a) may be or has been mistaken for, may interfere or is 8
interfering with, or may otherwise affect or is otherwise 9
affecting the proper operation of, an aid to navigation; or 10
(b) may otherwise affect the safe operation of ships.'. 11
(2) Section 92(2)(b), `believes, on reasonable grounds,'-- 12
omit, insert-- 13
`reasonably believes'. 14
Clause 75 Replacement of s 93 (Harbour master may carry out 15
direction) 16
Section 93-- 17
omit, insert-- 18
`93 Harbour master may carry out direction 19
`(1) This section applies if-- 20
(a) a person has contravened a direction under subdivision 1 21
that the person must comply with; or 22
(b) a harbour master reasonably believes there is no-one to 23
whom a proposed direction under subdivision 1 may be 24
given and, because of urgent circumstances, the harbour 25
master must act under this section. 26
`(2) The harbour master may, to the extent necessary to ensure 27
safety as mentioned in section 86(1), carry out the direction or 28
proposed direction. 29
`(3) Without limiting subsection (2), the harbour master may-- 30
(a) board a ship and operate it, including, for example, by 31
moving or navigating it; or 32
s 76 56 s 76
Maritime and Other Legislation Amendment Bill 2006
(b) enter or remain in a place in, or adjacent to, a marine 1
incident area or pilotage area in order to board a ship 2
and anchor, berth, moor or move it; or 3
(c) light or mark construction works; or 4
(d) remove a thing that is obstructing, or may obstruct, 5
navigation; or 6
(e) put out, remove or screen, or take other action in relation 7
to, a source of interference. 8
`(4) If the harbour master attaches the ship (the first ship) to 9
another ship or a buoy, wharf or pile, this Act does not prevent 10
the owner or master of the other ship, or the owner of the 11
buoy, wharf or pile, from recovering damages for injury or 12
loss suffered, because of the attachment, from the owner or 13
master of the first ship.'. 14
Clause 76 Amendment of s 94 (Recovery by State of expenses of 15
carrying out direction) 16
(1) Section 94(1), `(Harbour master may carry out direction)'-- 17
omit. 18
(2) Section 94(3)-- 19
omit, insert-- 20
`(3) The following persons are liable for the expense-- 21
(a) if a direction was given to a person under section 87B, 22
89, 90, 91 or 92 and the person did not comply with the 23
direction--the person; 24
(b) if a direction under section 87B, 89, 90, 91 or 92 could 25
have been given to a person but was not given for the 26
reasons mentioned in section 93(1)(b)--the person; 27
(c) if a direction under section 88 was given to the master of 28
a ship and the master did not comply with the 29
direction--the master and the owner of the ship; 30
31
Note for paragraph (c)--
32
Under section 86A(8) a direction given to the person in control
33
of a ship is taken to have been given to the ship's master.
s 77 57 s 79
Maritime and Other Legislation Amendment Bill 2006
(d) if a direction under section 88 could have been given to 1
the master of a ship but was not given for the reasons 2
mentioned in section 93(1)(b)--the master and the 3
owner of the ship.'. 4
(3) Section 94-- 5
insert-- 6
`(5) In this section-- 7
direction means-- 8
(a) a direction given under subdivision 1 that, under the 9
subdivision, a person must comply with; or 10
(b) a direction that could have been given under subdivision 11
1 and, if it had been given under the subdivision, a 12
person would have been required to comply with.'. 13
Clause 77 Amendment of s 125 (Marine incidents must be reported) 14
Section 125-- 15
insert-- 16
`(4) It is a reasonable excuse if the owner under subsection (1), or 17
the master under subsection (2), did not have access to a way 18
of reporting the marine incident within the time stated in the 19
relevant subsection. 20
`(5) Subsection (4) does not limit the circumstances that may 21
constitute a reasonable excuse under subsections (1) and (2).'. 22
Clause 78 Amendment of s 127 (Regular reports of marine incidents 23
to Minister) 24
Section 127(3), `4'-- 25
omit, insert-- 26
`6'. 27
Clause 79 Amendment of s 139 (Protection of members, legal 28
representatives and witnesses) 29
(1) Section 139, heading, `and witnesses'-- 30
s 80 58 s 81
Maritime and Other Legislation Amendment Bill 2006
omit, insert-- 1
`, witnesses and others'. 2
(2) Section 139-- 3
insert-- 4
`(4) A person whose services are made available to a board of 5
inquiry as mentioned in section 134(a) is not civilly liable for 6
an act or omission done honestly and without negligence in 7
providing services to the board for the conduct of the inquiry. 8
`(5) If subsection (4) prevents a civil liability attaching to a 9
person, the liability attaches instead to the State.'. 10
Clause 80 Amendment of s 142 (Board's powers on inquiry) 11
(1) Section 142(1)(c), second mention-- 12
omit, insert-- 13
`(e) permit or refuse to permit a person, whether the person 14
is an Australian legal practitioner or not, to represent 15
someone else at the inquiry.'. 16
(2) Section 142-- 17
insert-- 18
`(3) Subsection (1)(e) does not authorise a person who is not an 19
Australian legal practitioner to engage in legal practice 20
contrary to the Legal Profession Act 2004.'. 21
Clause 81 Replacement of ss 148 and 149 22
Sections 148 and 149-- 23
omit, insert-- 24
`148 False or misleading statements 25
`A person must not state anything to the board of inquiry that 26
the person knows is false or misleading in a material 27
particular. 28
Maximum penalty--200 penalty units. 29
s 82 59 s 82
Maritime and Other Legislation Amendment Bill 2006
`149 False or misleading documents 1
`(1) A person must not give the board of inquiry a document 2
containing information the person knows is false or 3
misleading in a material particular. 4
Maximum penalty--200 penalty units. 5
`(2) Subsection (1) does not apply to a person if the person, when 6
giving the document-- 7
(a) informs the board, to the best of the person's ability, 8
how it is false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information, gives the correct information.'. 11
Clause 82 Replacement of s 171 (Shipping inspector may direct that 12
ship stays at, or goes to, safe anchorage) 13
Section 171-- 14
omit, insert-- 15
`171 Direction if shipping inspector reasonably believes 16
ship is not safe or can not be operated safely 17
`(1) This section applies if a shipping inspector reasonably 18
believes that life may be endangered because-- 19
(a) a ship that is being, or is intended to be, operated is not 20
safe; or 21
(b) a ship can not be operated safely. 22
`(2) To allow the ship to be further inspected and, if necessary, 23
surveyed, the shipping inspector may give a written direction 24
to the owner or master of the ship-- 25
(a) if it is reasonable to require the ship to be inspected at an 26
anchorage, berth, mooring or place on land--to take the 27
ship to the anchorage, berth, mooring or place on land, 28
as stated in the direction; or 29
(b) in any other case--to keep the ship at the ship's current 30
anchorage, berth, mooring or place on land, as stated in 31
the direction, for a period of time stated in the direction. 32
`(3) The directed person for the ship must comply with the 33
direction. 34
s 83 60 s 83
Maritime and Other Legislation Amendment Bill 2006
Maximum penalty--200 penalty units. 1
`(4) For subsection (3), if a person is required to hold a licence of a 2
particular class to operate the ship and the directed person 3
does not hold the licence, the directed person must comply 4
with the direction by causing a person who holds the licence 5
to take the ship to the anchorage, berth or mooring as stated in 6
the direction. 7
`(5) In this section-- 8
directed person, for a ship, means either of the following to 9
whom a direction is given under subsection (2)-- 10
(a) the ship's owner; 11
(b) the ship's master.'. 12
Clause 83 Amendment of s 172 (Shipping inspector may direct ship 13
is surveyed and order repairs) 14
(1) Section 172(1)-- 15
omit, insert-- 16
`(1) This section applies to a ship mentioned in section 171(1)(a) 17
or (b), whether or not a direction under section 171(2)(a) has 18
been given to the owner or master of the ship.'. 19
(2) Section 172(2), `direct that it'-- 20
omit, insert-- 21
`give a direction to the owner or master that the ship'. 22
(3) Section 172(3), after `order the'-- 23
insert-- 24
`owner or'. 25
(4) Section 172(4)-- 26
omit, insert-- 27
`(4) An owner or a master to whom a direction under this section 28
is given must comply with the direction. 29
Maximum penalty--500 penalty units or 1 year's 30
imprisonment.'. 31
(5) Section 172(5), `the master'-- 32
s 84 61 s 85
Maritime and Other Legislation Amendment Bill 2006
omit, insert-- 1
`the owner or master'. 2
Clause 84 Insertion of new s 172AA 3
After section 172-- 4
insert-- 5
`172AA Shipping inspector may declare that ship is 6
unseaworthy and must not be operated 7
`(1) This section applies if a shipping inspector reasonably 8
believes a ship is unseaworthy. 9
`(2) By written notice attached to the ship, the shipping inspector 10
may declare the ship is unseaworthy and must not be operated, 11
other than in a way approved by the shipping inspector. 12
`(3) A person must not contravene a declaration under subsection 13
(2). 14
Maximum penalty--200 penalty units. 15
`(4) If the identity of the owner or master of the ship is known to 16
the shipping inspector, the shipping inspector must give the 17
owner or master a copy of the declaration. 18
`(5) Also, the shipping inspector may, by written direction to the 19
owner or master of the ship, require the owner or master to 20
remove the ship from Queensland waters within a period 21
stated in the direction and in a way approved by the shipping 22
inspector. 23
`(6) A person given a direction under subsection (5) must comply 24
with the direction, unless the person has a reasonable excuse. 25
Maximum penalty--200 penalty units. 26
`(7) If the identity of the owner or master of the ship is not known 27
to the shipping inspector, the ship is taken to be abandoned 28
property for the purposes of section 175A.'. 29
Clause 85 Amendment of s 175A (Removing abandoned property) 30
(1) Section 175A(1)-- 31
omit, insert-- 32
s 85 62 s 85
Maritime and Other Legislation Amendment Bill 2006
`(1) This section applies if a shipping inspector reasonably 1
believes that a ship, part of a ship or other property is 2
abandoned property.'. 3
(2) Section 175A(2), (3), (4) and (6), before `property'-- 4
insert-- 5
`abandoned'. 6
(3) Section 175A(5)-- 7
omit, insert-- 8
`(4A) If the shipping inspector is reasonably satisfied about either of 9
the following, the shipping inspector may immediately seize 10
and remove the abandoned property without complying with 11
subsection (3)-- 12
(a) the abandoned property is a hazard to ships or 13
navigation or may cause damage to the environment; 14
(b) before a seizure notice may be published in a newspaper 15
or a time required to be stated in a seizure notice, the 16
abandoned property may become a hazard to ships or 17
navigation or cause damage to the environment. 18
`(4B) If the shipping inspector seizes and removes the abandoned 19
property under subsection (4A), the shipping inspector must 20
publish the following information in a notice in a newspaper 21
circulating in the locality from where the abandoned property 22
was seized-- 23
(a) a description of the abandoned property; 24
(b) where and when the abandoned property was found; 25
(c) a statement that the abandoned property was 26
immediately seized and removed; 27
(d) information about the place to where the abandoned 28
property has been removed; 29
(e) a statement to the effect of subsection (5). 30
`(5) Having regard to the abandoned property's value and 31
condition, the shipping inspector may sell it by public auction 32
or destroy it if-- 33
s 86 63 s 86
Maritime and Other Legislation Amendment Bill 2006
(a) no one claims the abandoned property within the time 1
stated in a seizure notice and the shipping inspector 2
seizes and removes the abandoned property; or 3
(b) no one claims the abandoned property within 28 days 4
after a notice under subsection (4B) is published.'. 5
(5) Section 175A(7)-- 6
omit, insert-- 7
`(7) However, if the proceeds of the sale of the abandoned 8
property are insufficient to cover the amounts mentioned in 9
subsection (6)(a) and (b), the amount by which the proceeds 10
are insufficient is a debt payable to the State-- 11
(a) if the abandoned property is a ship or part of a ship and 12
the owner or master of the ship is known--jointly and 13
severally by the owner and master of the ship; or 14
(b) if the abandoned property is not a ship or part of a ship 15
and the owner is known--by the owner of the 16
abandoned property; or 17
(c) if the owner of the abandoned property is not known but 18
a person was registered under an Act as its owner at the 19
time of the abandonment, loss or stranding--the 20
registered person. 21
`(8) In this section-- 22
abandoned property means a ship, part of a ship, or other 23
property, that is abandoned, lost or stranded in Queensland 24
waters or on land adjacent to Queensland waters. 25
26
Examples of land adjacent to Queensland waters--
27
mudflats, banks of rivers, bays
property does not include land or an interest in land.'. 28
Clause 86 Replacement of ss 176 and 177 29
Sections 176 and 177-- 30
omit, insert-- 31
s 87 64 s 87
Maritime and Other Legislation Amendment Bill 2006
`176 False or misleading statements 1
`A person must not state anything to a shipping inspector that 2
the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--200 penalty units. 5
`177 False or misleading documents 6
`(1) A person must not give a shipping inspector a document 7
containing information the person knows is false or 8
misleading in a material particular. 9
Maximum penalty--200 penalty units. 10
`(2) Subsection (1) does not apply to a person if the person, when 11
giving the document-- 12
(a) informs the shipping inspector, to the best of the 13
person's ability, how it is false or misleading; and 14
(b) if the person has, or can reasonably obtain, the correct 15
information, gives the correct information.'. 16
Clause 87 Insertion of new pt 13A 17
After section 183-- 18
insert-- 19
`Part 13A Securing compliance with Act 20
`Division 1 Purpose 21
`183A Purpose of pt 13A 22
`(1) The purpose of this part is to provide for alternative ways of 23
ensuring compliance with this Act. 24
`(2) Division 2 provides for enforcement orders and interim 25
enforcement orders if a person has failed to comply with any 26
of the following-- 27
s 87 65 s 87
Maritime and Other Legislation Amendment Bill 2006
(a) a direction or requirement given to the person by the 1
general manager, a harbour master or a shipping 2
inspector; 3
(b) a division 3 undertaking given by the person to the 4
general manager. 5
`(3) Division 3 provides for undertakings. 6
`Division 2 Enforcement orders and interim 7
enforcement orders 8
`183B Proceeding for enforcement order or interim 9
enforcement order 10
`A prescribed applicant may bring a proceeding in the District 11
Court for any of the following-- 12
(a) an enforcement order; 13
(b) an order cancelling or amending an enforcement order 14
or interim enforcement order. 15
`183C Making enforcement order 16
`(1) The District Court may make an enforcement order if the 17
court is satisfied about any of the following-- 18
(a) a notice offence has been committed or, unless an 19
enforcement order is made, will be committed; 20
(b) a division 3 undertaking has been contravened or, unless 21
an enforcement order is made, will be contravened. 22
`(2) Subsection (1) applies whether or not there has been a 23
prosecution for the notice offence. 24
`183D Making interim enforcement order 25
`(1) If a prescribed applicant has brought a proceeding for an 26
enforcement order but the District Court has not decided the 27
proceeding, the court may make an interim enforcement order 28
if it is satisfied it would be appropriate to make the interim 29
enforcement order. 30
s 87 66 s 87
Maritime and Other Legislation Amendment Bill 2006
`(2) The District Court may make the interim enforcement order 1
on application by the prescribed applicant or on its own 2
initiative. 3
`(3) An interim enforcement order may be made subject to 4
conditions. 5
`183E Effect of order 6
`(1) An enforcement order or an interim enforcement order may 7
direct a person (the respondent) to do 1 or more of the 8
following-- 9
(a) to stop an activity that constitutes, or will constitute, a 10
notice offence or a contravention of a division 3 11
undertaking; 12
(b) not to start an activity that will constitute a notice 13
offence or a contravention of a division 3 undertaking; 14
(c) to do anything required to stop committing a notice 15
offence, or a contravention of a division 3 undertaking, 16
including, for example, requiring the repair, demolition 17
or removal of a ship or a part of a ship. 18
`(2) If an enforcement order or an interim enforcement order is 19
made as mentioned in subsection (1), the District Court may 20
do either or both of the following-- 21
(a) direct the respondent to give a security bond to the State 22
for a stated period for a matter mentioned in the 23
enforcement order or interim enforcement order; 24
(b) make another order the court considers appropriate. 25
`(3) An enforcement order or interim enforcement order-- 26
(a) may be in terms the District Court considers appropriate 27
to secure compliance with this Act; and 28
(b) must state the time by which the order is to be complied 29
with. 30
`(4) A person who contravenes an enforcement order or interim 31
enforcement order commits an offence against this Act. 32
Maximum penalty--500 penalty units or 1 year's 33
imprisonment. 34
s 87 67 s 87
Maritime and Other Legislation Amendment Bill 2006
`(5) The District Court may order the forfeiture to the State of all 1
or part of the security bond given by the respondent under 2
subsection (2)(a) if-- 3
(a) a prescribed applicant applies to the court for an order 4
for the forfeiture of all or part of the security bond; and 5
(b) the court is satisfied that the respondent contravened the 6
enforcement order or interim enforcement order during 7
the period for which the security bond was given, 8
whether or not the respondent has been prosecuted for 9
an offence against subsection (4). 10
`183F Powers of District Court about enforcement order or 11
interim enforcement order 12
`(1) The District Court's power to make an enforcement order or 13
interim enforcement order to stop, or not to start, an activity 14
may be exercised whether or not-- 15
(a) it appears to the court that the person against whom the 16
order is made intends to engage, or to continue to 17
engage, in the activity; or 18
(b) the person has previously engaged in an activity of the 19
kind; or 20
(c) it appears to the court a marine incident may happen if 21
the person engages, or continues to engage, in the 22
activity. 23
`(2) The District Court's power to make an enforcement order or 24
interim enforcement order to do anything may be exercised 25
whether or not-- 26
(a) it appears to the court that the person against whom the 27
order is made intends to fail, or to continue to fail, to do 28
the thing; or 29
(b) the person has previously failed to do a thing of the 30
kind; or 31
(c) it appears to the court a marine incident may happen if 32
the person fails, or continues to fail, to do the thing. 33
`(3) The District Court may cancel or amend an enforcement order 34
or interim enforcement order. 35
s 87 68 s 87
Maritime and Other Legislation Amendment Bill 2006
`(4) The District Court's power under this section is in addition to 1
its other powers. 2
`183G No undertaking as to damages or costs may be 3
required 4
`To remove any doubt, it is declared that no undertaking as to 5
damages or costs may be required of a prescribed applicant or 6
the State in relation to an enforcement order or interim 7
enforcement order. 8
`Division 3 Undertakings 9
`183H General manager may seek division 3 undertaking 10
`(1) This section applies if the general manager reasonably 11
believes a person has contravened, will contravene or will be 12
involved in a contravention of, this Act. 13
`(2) The general manager may, by written notice given to the 14
person-- 15
(a) state the act or omission the general manager believes is, 16
or will constitute, the contravention or involvement with 17
the contravention; and 18
(b) ask the person to give the general manager a written 19
undertaking under this division (a division 3 20
undertaking) that the person will not commit, continue 21
to commit or repeat the act or omission. 22
`183I Undertaking about other matter 23
`Without limiting section 183H, the general manager may 24
accept a division 3 undertaking given by a person for this 25
division about anything for which the chief executive, the 26
general manager or a harbour master has a function or power 27
under this Act. 28
s 87 69 s 87
Maritime and Other Legislation Amendment Bill 2006
`183J Variation and withdrawal of division 3 undertaking 1
`(1) This section applies if the general manager has accepted a 2
division 3 undertaking given by a person. 3
`(2) The person may vary or withdraw the division 3 undertaking 4
only if the general manager agrees to the variation or 5
withdrawal. 6
`(3) The general manager may-- 7
(a) vary the division 3 undertaking only if the person agrees 8
to the variation; or 9
(b) withdraw the division 3 undertaking only if the general 10
manager reasonably believes either of the following-- 11
(i) before the division 3 undertaking was accepted, the 12
person contravened this Act in a way unknown to 13
the general manager and, had the general manager 14
known about the contravention, he or she would 15
not have accepted the division 3 undertaking; 16
(ii) the division 3 undertaking is no longer necessary. 17
`(4) If a division 3 undertaking is varied or withdrawn under this 18
section, the general manager must give written notice of the 19
variation or withdrawal to the person. 20
`(5) The variation or withdrawal takes effect when written notice 21
of the variation or withdrawal is given to the person. 22
`183K Enforcement of division 3 undertaking 23
`(1) This section applies if the general manager reasonably 24
believes a person-- 25
(a) has contravened a term of a division 3 undertaking; or 26
(b) will contravene a term of a division 3 undertaking, 27
unless an enforcement order is made. 28
`(2) The general manager may apply to the District Court for an 29
enforcement order under division 2. 30
s 88 70 s 91
Maritime and Other Legislation Amendment Bill 2006
`183L Register of division 3 undertakings 1
`(1) The general manager must, in any way the general manager 2
reasonably considers appropriate, keep a register of each 3
division 3 undertaking given to the general manager by a 4
person under this division. 5
`(2) Also, the general manager must ensure the register is available 6
for public inspection, without charge, at a place prescribed 7
under a regulation during normal working hours.'. 8
Clause 88 Insertion of new pt 15, div 1, hdg 9
Part 15, before section 192-- 10
insert-- 11
`Division 1 General'. 12
Clause 89 Insertion of new s 200A 13
After section 200-- 14
insert-- 15
`200A Allegations of false or misleading statements or 16
documents 17
`It is enough for a complaint for an offence against section 18
148, 149, 176, 177, 202T, 202U or 205 to state the statement 19
made, or document given, was `false or misleading' to the 20
person's knowledge, without specifying whether it was false 21
or whether it was misleading.'. 22
Clause 90 Amendment of s 201 (Evidentiary provisions) 23
Section 201(4)(e), `order or'-- 24
omit. 25
Clause 91 Insertion of new pt 15, divs 24 26
Part 15, after section 202-- 27
insert-- 28
s 91 71 s 91
Maritime and Other Legislation Amendment Bill 2006
`Division 2 Licence disqualifications, 1
cancellations and suspensions 2
`202A Disqualifying person from holding licence and 3
cancelling or suspending current licence 4
`(1) This section applies if-- 5
(a) a person is convicted of an offence against-- 6
(i) section 41, 43, 44, 57, 61, 186, 202J or 211; or 7
(ii) the Transport Operations (Road Use Management) 8
Act 1995, section 79 or 80,4 or the Criminal Code, 9
section 328A,5 that involved a ship used, being 10
used or apparently about to be used in navigation 11
and the person was the person in control of the 12
ship; and 13
(b) at the time of the offence-- 14
(i) the person was required under this Act to hold a 15
licence to operate the ship; or 16
(ii) if the person had not held an authority or licence 17
(however described) from the Commonwealth or 18
another State, the person would have been required 19
to hold a licence to operate the ship; and 20
(c)the court before which the person is convicted is 21
satisfied the person should, in the interests of marine 22
safety, be disqualified or further disqualified from 23
holding or obtaining a licence. 24
`(2) On application by the prosecution or on its own initiative, the 25
court may order-- 26
(a) if the person is currently disqualified absolutely from 27
holding a licence--from the time of the conviction, the 28
person is again disqualified absolutely from holding or 29
obtaining a licence; or 30
4 Transport Operations (Road Use Management) Act 1995, section 79 (Driving etc.
whilst under influence of liquor or drugs or with prescribed concentration of alcohol
in blood or breath) or 80 (Provisions with respect to breath tests and laboratory tests)
5 Criminal Code, section 328A (Dangerous operation of a vehicle)
s 91 72 s 91
Maritime and Other Legislation Amendment Bill 2006
(b) if the person is currently disqualified from holding a 1
licence for a stated time-- 2
(i) from the time of the conviction, the person is 3
disqualified absolutely; or 4
(ii) from a time stated by the court, the person is 5
disqualified for a stated time from holding or 6
obtaining a licence; or 7
(c) otherwise--from the time of the conviction, the person 8
is disqualified absolutely, or for a time stated by the 9
court, from holding or obtaining a licence. 10
`(3) A court that makes an order under subsection (2) is a 11
disqualifying court. 12
`(4) In making an order under subsection (2), the disqualifying 13
court must have regard to-- 14
(a) the nature of the offence; and 15
(b) the circumstances in which the offence was committed; 16
and 17
(c) the real or potential danger to other persons operating or 18
aboard ships and the public generally; and 19
(d) whether during the period of 5 years before the 20
conviction, including any period before the 21
commencement of this section, the person had been 22
convicted of an offence mentioned in subsection (1)(a). 23
`(5) An order under subsection (2) is in addition to any other 24
penalty the disqualifying court may impose, or other order the 25
disqualifying court may make, under an Act. 26
`(6) It does not matter that the person for whom an order under 27
subsection (2) is made-- 28
(a) was not present when the disqualifying court made its 29
order; or 30
(b) was not called on to show cause why the order should 31
not be made. 32
s 91 73 s 91
Maritime and Other Legislation Amendment Bill 2006
`202B Dealing with order under s 202A 1
`(1) A relevant clerk of the disqualifying court must send a copy of 2
an order under section 202A to the chief executive of the 3
department in which this Act is administered. 4
`(2) The chief executive must send a copy of the order to the 5
person for whom the order was made. 6
`202C Licence cancelled when order made under s 202A 7
`(1) If, at the time the disqualifying court makes an order under 8
section 202A, the person for whom the order is made holds a 9
licence, the licence, and any subsisting licence, is cancelled 10
from the day the order is made. 11
`(2) The chief executive of the department must give written notice 12
to the person stating that the person is required to give the 13
chief executive the person's licence, and any subsisting 14
licence, within 7 days after the day the notice is given to the 15
person. 16
`(3) A person given a notice under subsection (2) must comply 17
with the notice, unless the person has a reasonable excuse. 18
Maximum penalty--20 penalty units. 19
`(4) Despite the cancellation of a licence under subsection (1), if 20
the disqualification by the order under section 202A is 21
suspended pending a decision on an appeal, as mentioned in 22
section 204(5), the licence, and any subsisting licence, is 23
revived during the suspension of the disqualification. 24
`Division 3 Restricted licences 25
`202D Restricted licence for disqualified person 26
`(1) This section applies if a person-- 27
(a) is convicted before a court, by summary proceeding 28
under the Justices Act 1886, of an offence against-- 29
(i) section 41, 43, 44, 57, 61, 186, 202J or 211; or 30
s 91 74 s 91
Maritime and Other Legislation Amendment Bill 2006
(ii) the Transport Operations (Road Use Management) 1
Act 1995, section 79, other than section 79(1) or 2
(2D); or 3
(iii) the Transport Operations (Road Use Management) 4
Act 1995, 80(5A); and 5
(b) by order of the court (a disqualification order) is 6
disqualified under section 202A from holding or 7
obtaining a licence. 8
`(2) The court may, if it has received an application in the 9
approved form from the person, make an order that the person 10
be issued with a restricted licence. 11
`(3) The application may only be made-- 12
(a) at the summary proceeding; and 13
(b) before the court makes the disqualification order. 14
`(4) For the application-- 15
(a) the court may hear evidence relating to all matters 16
relevant to the application; and 17
(b) the applicant and other persons may be called as 18
witnesses; and 19
(c) if the court requires it, the applicant must submit himself 20
or herself as a witness. 21
`(5) The order may only be made-- 22
(a) at the summary proceeding; and 23
(b) in conjunction with the disqualification order. 24
`(6) If the court grants the application, the court must make an 25
order directing a restricted licence be granted to the applicant 26
during the period of the applicant's disqualification subject to 27
restrictions, as stated in the order, that-- 28
(a) restrict the use, under the restricted licence, of a ship by 29
the applicant to stated circumstances directly connected 30
with the applicant's means of earning his or her 31
livelihood; and 32
(b) may include, but are not limited to, 1 or more of the 33
following-- 34
s 91 75 s 91
Maritime and Other Legislation Amendment Bill 2006
(i) the class of ship that may be operated; 1
(ii) the purpose for which a ship may be operated; 2
(iii) the times at which, or period during which, a ship 3
may be operated; 4
(iv) the waters in which a ship may be operated. 5
`(7) To remove any doubt, it is declared that if the court makes an 6
order under subsection (2), the applicant-- 7
(a) is disqualified from holding or obtaining a licence other 8
than the restricted licence; and 9
(b) may not operate a ship, for the operation of which a 10
licence is required, during the period of the 11
disqualification unless the applicant applies for and 12
obtains the restricted licence the court orders may be 13
granted. 14
`(8) An order under subsection (2) may relate only to a restricted 15
licence that is of the same type and class as the licence held by 16
the applicant immediately before the disqualification in 17
relation to which the application is made. 18
`202E Other limitations on ordering a restricted licence 19
`(1) An application for an order under section 202D for the grant 20
of a restricted licence must not be granted unless the applicant 21
satisfies the court that-- 22
(a) the applicant is a fit and proper person to hold a 23
restricted licence, having regard to the safety of other 24
operators of ships and the public generally; and 25
(b) a refusal would cause extreme hardship to the applicant, 26
or the applicant's family, by depriving the applicant of 27
his or her means of earning his or her livelihood; and 28
(c) the disqualification for which the application is made 29
resulted from the applicant's conviction for an offence 30
committed when the applicant held a licence; and 31
(d) the applicant was the holder of a licence immediately 32
before the disqualification in relation to which the 33
application is made; and 34
s 91 76 s 91
Maritime and Other Legislation Amendment Bill 2006
(e) none of the circumstances mentioned in subsection (2) 1
apply to the applicant. 2
`(2) For subsection (1)(e), the application must not be granted in 3
any of the following circumstances-- 4
(a) if, within 5 years before making the application for the 5
order under section 202D including any period before 6
the commencement of this section, either of the 7
following happened-- 8
(i) the applicant was disqualified from holding or 9
obtaining a licence; 10
(ii) a licence held by the applicant was suspended or 11
cancelled; 12
(b) if the applicant was previously convicted-- 13
(i) in Queensland of an offence mentioned in section 14
202A(1)(a); or 15
(ii) elsewhere of any offence that, if committed in 16
Queensland, would be an offence mentioned in 17
section 202A(1)(a); 18
within a period of 5 years before the conviction that 19
results in the disqualification for which the application 20
is made, including any period before the 21
commencement of this section; 22
(c) if the disqualification for which the application is made 23
resulted from a conviction of the applicant for any of the 24
following-- 25
(i) an offence committed when the applicant was 26
engaged in an activity directly connected with the 27
applicant's means of earning his or her livelihood; 28
(ii) an offence committed by the applicant operating a 29
ship when not holding a licence the applicant was 30
required to hold; 31
(iii) an offence committed at a time when the applicant 32
was the holder of a restricted licence; 33
(d) if-- 34
(i) the disqualification for which the application is 35
made resulted from the applicant's conviction for 36
s 91 77 s 91
Maritime and Other Legislation Amendment Bill 2006
an offence against the Transport Operations (Road 1
Use Management) Act 1995, section 79(2); and 2
(ii) the applicant is a person to whom section 79(2D) 3
of that Act would have applied apart from the fact 4
that the person was over the general alcohol limit 5
under that Act. 6
`(3) For subsection (1)(b), if the applicant is not self-employed, 7
the applicant must produce to the court an affidavit made by 8
the applicant's employer confirming the applicant would be 9
deprived of the applicant's means of earning his or her 10
livelihood if the application is refused. 11
`(4) In subsection (2)(a), the reference to a disqualification, 12
suspension or cancellation does not include-- 13
(a) a disqualification, suspension or cancellation that was 14
set aside on appeal; or 15
(b) a disqualification, suspension or cancellation because of 16
the applicant's mental or physical disability. 17
`202F Consideration of order for restricted licence when 18
making order disqualifying a person 19
`A court, in considering an order it proposes to make under 20
section 202A(2) disqualifying a person from holding or 21
obtaining a licence absolutely or for a period, must have 22
regard to any other order it proposes to make under section 23
202D. 24
`202G Application for, and grant of, restricted licence 25
`(1) This section applies if-- 26
(a) an order is made under section 202D; and 27
(b) the person for whom the order is made makes an 28
application under a regulation for a restricted licence of 29
the type stated in the order. 30
`(2) The person who, under a regulation, has the power of granting 31
a licence of the type for which the application is made 32
(licensing entity) must grant to the person a restricted licence 33
of the type stated in the order subject to-- 34
s 91 78 s 91
Maritime and Other Legislation Amendment Bill 2006
(a) the restrictions imposed by the disqualifying court's 1
order made under section 202D; and 2
(b) other terms, provisions, conditions, limitations or 3
restrictions, consistent with the order, as may be stated 4
on the licence under this Act. 5
`202H Duration of restricted licence 6
`(1) In the first instance, a restricted licence must be granted for-- 7
(a) if the licence that was cancelled under section 202C(1) 8
included a date for the expiry of the licence--the period 9
remaining until the expiry date; or 10
(b) otherwise--1 year. 11
`(2) If a restricted licence is renewed during the period of the 12
cancellation, the restricted licence must be renewed subject to 13
the restrictions stated in the order last made whether under 14
section 202D or 202K. 15
`(3) A restricted licence remains in force until it expires or is 16
cancelled, suspended or surrendered under this Act. 17
`202I Regulation-making power in relation to restricted 18
licence 19
`(1) A regulation may be made about restricted licences. 20
`(2) Without limiting subsection (1), a regulation about restricted 21
licences may make provision about authorising the chief 22
executive or the general manager to cancel or suspend a 23
restricted licence even though the restricted licence is ordered 24
to be granted under an order of a disqualifying court. 25
`202J Offence of operating ship other than under a 26
restricted licence 27
`A person who is the holder of a restricted licence must not 28
operate a ship unless-- 29
(a) the person operates the ship under the restricted licence; 30
or 31
s 91 79 s 91
Maritime and Other Legislation Amendment Bill 2006
(b) a licence is not required by anyone to operate the ship. 1
Maximum penalty--20 penalty units. 2
`202K Variation of restrictions 3
`(1) This section applies if, after a disqualifying court makes an 4
order under section 202D or this section, the circumstances 5
connected with the disqualified person's means of earning his 6
or her livelihood have changed. 7
`(2) The disqualified person (the applicant) may apply, in the 8
approved form, to a Magistrates Court exercising jurisdiction 9
at the place where the applicant resides for an order to vary 10
restrictions currently applying to the applicant's restricted 11
licence by an order of a court. 12
`(3) For the application, the following must give evidence relating 13
to all matters relevant to the application and must be liable to 14
cross-examination-- 15
(a) the applicant, if required by the court to submit himself 16
or herself as a witness; and 17
(b) any other person, if called as a witness. 18
`(4) At least 28 days before the date of the hearing for the 19
application, the applicant must give written notice about the 20
application, including the time and place at which the 21
application is to be heard, to the chief executive in a way 22
prescribed under a regulation. 23
`(5) The chief executive is entitled to appear and be heard and to 24
give and produce evidence at the hearing of the application, 25
including for or against the grant of the application. 26
`(6) Also, the chief executive is entitled to be represented at the 27
hearing. 28
29
Note--
30
The chief executive may be represented by an Australian legal
31
practitioner or government legal officer.
`(7) A court to which an application is made under subsection (2) 32
may, if it considers that the justice of the case requires that it 33
do so and having regard to the restrictions mentioned in 34
section 202D(4), make an order varying the restrictions to 35
s 91 80 s 91
Maritime and Other Legislation Amendment Bill 2006
which the restricted licence is subject under section 202D or 1
this section. 2
`(8) If the chief executive is given-- 3
(a) a copy of an order made under this section (a variation 4
order) certified to be a true copy by a relevant clerk of 5
the court that made the order; and 6
(b) the restricted licence to which the variation order 7
relates; 8
the licensing entity who dealt with the previous application 9
for the restricted licence under section 202G must vary the 10
restrictions to which the restricted licence is subject so the 11
restrictions accord with those imposed by the court by the 12
variation order. 13
`(9) Until the licensing entity mentioned in subsection (8) varies 14
the restrictions to which the restricted licence is subject, those 15
restrictions continue to apply to the restricted licence despite 16
any variation order. 17
`Division 4 Removal of disqualification 18
`202L Application for removal of disqualification under div 2 19
`(1) This section applies if a person was disqualified by an order 20
under section 202A(2) from holding or obtaining a licence 21
absolutely or for a period of more than 2 years, whether or not 22
at the time of the order the person held a licence. 23
`(2) The person may, at any time after the expiration of 2 years 24
from the start of the disqualification period, apply for the 25
disqualification to be removed. 26
`(3) The application must be made to-- 27
(a) if the disqualification was ordered by the Supreme 28
Court--the Supreme Court; or 29
(b) if the disqualification was ordered by the District 30
Court--the District Court; or 31
(c) if the disqualification was not ordered by the Supreme 32
or District Court-- 33
s 91 81 s 91
Maritime and Other Legislation Amendment Bill 2006
(i) if the person lives in Queensland--the Magistrates 1
Court exercising jurisdiction at the place where the 2
person lives; or 3
(ii) if the person lives outside Queensland--the 4
Magistrates Court, Central division of the Brisbane 5
Magistrates Courts District. 6
`(4) At least 28 days before the date of the hearing of the 7
application, the applicant must give written notice about the 8
application, including the time and place at which the 9
application is to be heard, to the chief executive in a way 10
prescribed under a regulation. 11
`(5) The chief executive is entitled to appear and be heard and to 12
give and produce evidence at the hearing of the application, 13
including for or against the grant of the application. 14
`(6) Also, the chief executive is entitled to be represented at the 15
hearing. 16
17
Note for subsection (6)--
18
The chief executive may be represented by an Australian legal
19
practitioner or government legal officer.
`202M Court hearing an application 20
`(1) This section applies to a hearing by the Supreme Court, the 21
District Court or a Magistrates Court of an application under 22
section 202L(2) for the removal of a disqualified person's 23
disqualification. 24
`(2) As it considers appropriate, the court may-- 25
(a) by order, remove the disqualification on and from a date 26
stated in the order; or 27
(b) refuse the application. 28
`(3) For subsection (2), the court must have regard to the 29
following-- 30
(a) the character of the disqualified person; 31
(b) the disqualified person's conduct after the order under 32
section 202A(2) was made; 33
s 92 82 s 92
Maritime and Other Legislation Amendment Bill 2006
(c) the nature of the offence for which the disqualified 1
person was convicted by the disqualifying court; 2
(d) other circumstances relating to the disqualification or 3
application. 4
`(4) If the application is refused, a further application under 5
section 202L(2) must not be considered if made within 1 year 6
after the date of the refusal. 7
`(5) If an order for the removal of a disqualification is made under 8
subsection (2)(a), the court may order the applicant to pay all 9
or part of the costs of the application. 10
`(6) A relevant clerk of the court that deals with the application 11
must give the chief executive information about the outcome 12
of the application.'. 13
Clause 92 Replacement of pt 16 (Appeals) 14
Part 16-- 15
omit, insert-- 16
`Part 15A Protection for whistleblowers 17
`202N Definitions for pt 15A 18
`In this part-- 19
disclosing person see section 202P(1). 20
official means-- 21
(a) the chief executive; or 22
(b) the general manager; or 23
(c) a harbour master; or 24
(d) a shipping inspector. 25
reprisal see section 202R(3). 26
s 92 83 s 92
Maritime and Other Legislation Amendment Bill 2006
`202O Application of pt 15A 1
`(1) This part applies to a person other than a person who makes a 2
disclosure as a public officer under the Whistleblowers 3
Protection Act 1994. 4
`(2) If a disclosure is made under the Whistleblowers Protection 5
Act 1994, this part does not limit the application of that Act 6
and that Act does limit the application of this part. 7
`202P General limitation 8
`(1) A person (the disclosing person) is not civilly or criminally 9
liable for disclosing information to an official about a person's 10
conduct, whether committed before or after the 11
commencement of this section, that the disclosing person 12
honestly believes, on reasonable grounds, contravenes this 13
Act. 14
`(2) Without limiting subsection (1)-- 15
(a) in a proceeding for defamation, the disclosing person 16
has a defence of absolute privilege for publishing the 17
disclosed information; and 18
(b) if the disclosing person would otherwise be required to 19
maintain confidentiality about the disclosed information 20
under an Act, agreement, oath, rule of law or practice, 21
the disclosing person does not-- 22
(i) contravene the Act, oath, rule of law or practice by 23
making the disclosure; or 24
(ii) breach the agreement by making the disclosure. 25
`(3) In this section-- 26
agreement includes a contract or deed. 27
`202Q Liability for conduct unaffected 28
`(1) The liability of the disclosing person for his or her own 29
conduct is not affected only because the disclosing person 30
discloses the conduct to an official. 31
s 92 84 s 92
Maritime and Other Legislation Amendment Bill 2006
`(2) However, a court may have regard to the disclosure if the 1
disclosing person is prosecuted for an offence involving the 2
conduct and either of the following applies-- 3
(a) the disclosing person is the master of a ship and his or 4
her conduct was in compliance with an express 5
instruction of the owner of the ship or someone 6
authorised by the owner to give the instruction; 7
(b) the disclosing person is another member of a ship's crew 8
and his or her conduct was in compliance with an 9
express instruction of the master of the ship or someone 10
authorised by the master to give the instruction. 11
`(3) Subsection (2) does not limit the Penalties and Sentences Act 12
1992. 13
`202R Reprisal and grounds for reprisal 14
`(1) A person must not cause, or attempt or conspire to cause, 15
detriment to another person because, or in the belief that, 16
anybody has made, or may make, a disclosure as mentioned in 17
section 202P(1). 18
`(2) An attempt to cause detriment includes an attempt to induce a 19
person to cause detriment. 20
`(3) A contravention of subsection (1) is a reprisal or the taking of 21
a reprisal. 22
`(4) A ground mentioned in subsection (1) as the ground for a 23
reprisal is the unlawful ground for the reprisal. 24
`(5) For the contravention to happen, it is sufficient if the unlawful 25
ground is a substantial ground for the act or omission that is 26
the reprisal, even if there is another ground for the act or 27
omission. 28
`202S Damages entitlement or other remedy for reprisal 29
`(1) A reprisal is a tort and a person who takes a reprisal is liable in 30
damages to anyone who suffers detriment as a result. 31
`(2) Any appropriate remedy that may be granted by a court for a 32
tort may be granted by a court for the taking of a reprisal. 33
s 92 85 s 92
Maritime and Other Legislation Amendment Bill 2006
`(3) If the claim for damages goes to trial in the Supreme Court or 1
the District Court, it must be decided by a judge sitting 2
without a jury. 3
`(4) This section does not limit any other remedy that may be 4
available at law to the person against whom the reprisal is 5
taken. 6
`202T False or misleading statements 7
`A person must not, for section 202P(1), state anything to an 8
official that the person knows is false or misleading in a 9
material particular. 10
Maximum penalty--200 penalty units. 11
`202U False or misleading documents 12
`(1) A person must not, for section 202P(1), give an official a 13
document containing information the person knows is false or 14
misleading in a material particular. 15
Maximum penalty--200 penalty units. 16
`(2) Subsection (1) does not apply to a person if the person, when 17
giving the document-- 18
(a) informs the official, to the best of the person's ability, 19
how it is false or misleading; and 20
(b) if the person has, or can reasonably obtain, the correct 21
information, gives the correct information. 22
`Part 16 Review of and appeals against 23
particular decisions 24
`203 Definitions for pt 16 25
`In this part-- 26
appropriate appeal court means a court to which a reviewed 27
decision may be appealed under section 203E. 28
s 92 86 s 92
Maritime and Other Legislation Amendment Bill 2006
delegate, of the chief executive or general manager, means a 1
person who makes a decision as the delegate of the chief 2
executive or general manger. 3
original decision means a decision made under this Act by the 4
chief executive, the general manager, a delegate of the chief 5
executive or general manger, a harbour master or a shipping 6
inspector, other than-- 7
(a) a decision mentioned in section 203B; or 8
(b) a decision made, or taken to be made, by the chief 9
executive or general manager that confirms or amends a 10
decision, or substitutes another decision, that has been 11
the subject of an application for review. 12
reviewed decision see section 203C(1). 13
`203A Main purposes of pt 16 14
`The main purposes of this part are to provide for-- 15
(a) reviews of particular decisions made under this Act and 16
appeals from the decisions made on review, whether the 17
decisions are made by the chief executive, the general 18
manager, a delegate of the chief executive or general 19
manager, a harbour master or a shipping inspector; and 20
(b) the application of the Transport Planning and 21
Coordination Act 1994, part 5, divisions 2 and 3;6 and 22
(c) appeals from decisions under section 202A, including, 23
for example, decisions disqualifying persons from 24
holding or obtaining licences. 25
`203B Review of original decision 26
`(1) A person whose interests are affected by an original decision 27
may ask the following to review it-- 28
(a) if the original decision was made by the chief executive 29
or a delegate of the chief executive--the chief executive; 30
6 Transport Planning and Coordination Act 1994, part 5 (Review of and appeals
against decisions), divisions 2 (Review of original decisions) and 3 (Appeals against
reviewed decisions)
s 92 87 s 92
Maritime and Other Legislation Amendment Bill 2006
(b) otherwise--the general manager. 1
`(2) The Transport Planning and Coordination Act 1994, part 5, 2
division 2-- 3
(a) applies to the review; and 4
(b) provides-- 5
(i) for the procedure for applying for the review and 6
the way it is to be carried out; and 7
(ii) that the original decision may be stayed by the 8
person applying to-- 9
(A) the District Court if the original decision is 10
about a matter mentioned in section 203E; or 11
(B) the Magistrates Court for any other decision. 12
`(3) For the application of the Transport Planning and 13
Coordination Act 1994, part 5, division 2, if the original 14
decision was made by the general manager or a delegate of the 15
general manger, a reference to the chief executive in that 16
division, including, for example, sections 33 and 34 of that 17
Act, is taken to be a reference to the general manager. 18
`203C Appeal against reviewed decision 19
`(1) This section applies if the chief executive or general 20
manager-- 21
(a) confirms or amends an original decision or substitutes 22
another decision (the reviewed decision); or 23
(b) is taken to have made a decision confirming an original 24
decision (also the reviewed decision). 25
`(2) The person may appeal against the reviewed decision to the 26
appropriate appeal court. 27
`(3) The Transport Planning and Coordination Act 1994, part 5, 28
division 3-- 29
(a) applies to the appeal; and 30
(b) provides-- 31
(i) for the procedure for the appeal and the way it is to 32
be disposed of; and 33
s 92 88 s 92
Maritime and Other Legislation Amendment Bill 2006
(ii) that the reviewed decision may be stayed by the 1
person applying to the appropriate appeal court. 2
`(4) For the application of the Transport Planning and 3
Coordination Act 1994, part 5, division 3, if the reviewed 4
decision was made, or is taken to have been made, by the 5
general manager, a reference in that division to the chief 6
executive is taken to be a reference to the general manager. 7
`203D Decisions that can not be appealed against etc. 8
`The following decisions can not be appealed against or be the 9
subject of a review-- 10
(a) a decision of the Governor in Council; 11
(b) a decision of the Minister about the Marine Board or a 12
board of inquiry; 13
(c) a decision of the chief executive or general manager 14
about a standard; 15
(d) a decision declared under a regulation to be a decision 16
that can not be appealed against. 17
`203E Appropriate appeal court 18
`(1) A person whose interests are affected by a reviewed decision 19
under this Act about any of the following matters may appeal 20
against the decision to the District Court-- 21
(a) the registration of a ship; 22
(b) a certificate of compliance or survey for a ship; 23
(c) the licensing of a person to be the master, a crew 24
member or a pilot of a ship; 25
(d) the accreditation of a person as a ship designer, ship 26
builder or marine surveyor; 27
(e) the approval of the design of a ship or part of a ship; 28
(f) a decision declared under a regulation to be a decision 29
against which an appeal may be made to the District 30
Court. 31
s 93 89 s 93
Maritime and Other Legislation Amendment Bill 2006
`(2) A person whose interests are affected by another reviewed 1
decision under this Act may appeal against the decision to a 2
Magistrates Court. 3
`204 Appeals in relation to disqualification under s 202A 4
`(1) This section applies to a person who, because of a conviction 5
for an offence mentioned in section 202A(1), is disqualified 6
from holding or obtaining a licence by an order under section 7
202A. 8
`(2) The disqualified person may appeal against the order in the 9
same way the person may appeal against the conviction. 10
`(3) The court deciding the appeal may, having regard to the 11
circumstances of the case and as it considers appropriate-- 12
(a) by order, remove the disqualification on and from a date 13
stated in the order; or 14
(b) dismiss the appeal. 15
`(4) A relevant clerk of the court deciding the appeal must give 16
information about the outcome of the appeal to the chief 17
executive. 18
`(5) If the disqualified person starts an appeal against the 19
conviction, the disqualification is suspended pending the 20
decision on the appeal. 21
`(6) However, subject to any decision of a court on the appeal, the 22
part of the period of disqualification that had not expired 23
when the suspension began to operate takes effect from the 24
date of decision of the appeal.'. 25
Clause 93 Amendment of s 205 (False or misleading documents) 26
(1) Section 205(1) and (2)(a), `, misleading or incomplete'-- 27
omit insert-- 28
`or misleading'. 29
(2) Section 205(3)-- 30
omit, insert-- 31
s 94 90 s 95
Maritime and Other Legislation Amendment Bill 2006
`(3) This section does not apply to a document given under section 1
202U to an official within the meaning of section 202N.'. 2
Clause 94 Amendment of s 205A (Inquiries about person's 3
suitability to conduct examinations or conduct training 4
programs) 5
(1) Section 205A(1), after `The chief executive'-- 6
insert-- 7
`or the general manager'. 8
(2) Section 205A(2)-- 9
omit, insert-- 10
`(1A) Without limiting subsection (1), the chief executive or the 11
general manager may ask the commissioner of the police 12
service for a written report about a person's criminal history. 13
`(2) The commissioner of the police service must give a written 14
report about a person's criminal history-- 15
(a) to the chief executive if the chief executive asked the 16
commissioner for the person's criminal history; or 17
(b) to the general manager if the general manager asked the 18
commissioner for the person's criminal history.'. 19
Clause 95 Insertion of new s 205B 20
After section 205A-- 21
insert-- 22
`205B Electronic search to verify person is holder of licence 23
`(1) A person may, on payment of the fee prescribed under a 24
regulation, electronically search information held by the 25
department about licences to verify that a person is the holder 26
of a licence under this Act. 27
`(2) However, the person may search information only-- 28
(a) to verify the person's own licence; or 29
(b) with the consent of the person to whom the search 30
relates.'. 31
s 96 91 s 97
Maritime and Other Legislation Amendment Bill 2006
Clause 96 Amendment of s 206 (Signals of distress) 1
Section 206(4), from `an offence against' to `convicts the 2
person)'-- 3
omit insert-- 4
`a person is convicted of an offence against this section, the 5
court'. 6
Clause 97 Replacement of s 215 (Pilotage fees and conservancy 7
dues) 8
Section 215-- 9
omit, insert-- 10
`215 Pilotage fees, conservancy dues and related matters 11
`(1) A regulation may provide for the following-- 12
(a) establishing fees on a user pays basis-- 13
(i) for pilotage services in pilotage areas and 14
compulsory pilotage areas; and 15
(ii) for other services for other matters incidental or 16
related to pilotage services, including, for example, 17
establishing other fees for delay or cancellation of 18
pilotage services; 19
(b) establishing conservancy dues in relation to ships; 20
(c) procedures for the payment of pilotage fees, other fees 21
and conservancy dues; 22
(d) procedures for recovering pilotage fees, other fees or 23
conservancy dues payable under this Act. 24
`(2) Without limiting the Statutory Instruments Act 1992, sections 25
24 or 25, for establishing a pilotage fee, other fee or 26
conservancy due under subsection (1), a regulation may 27
establish the pilotage fee, other fee or conservancy due by 28
reference to a ship's length. 29
`(3) A conservancy due may be a tax. 30
`(4) In this section-- 31
s 98 92 s 99
Maritime and Other Legislation Amendment Bill 2006
other fee means a fee for other services for other matters 1
incidental or related to pilotage services, established under a 2
regulation as mentioned in subsection (1)(a)(ii). 3
pilotage fee means a fee for pilotage services, established 4
under a regulation as mentioned in subsection (1)(a)(i).'. 5
Clause 98 Amendment of 217 (Regulations about aquatic events 6
and activities) 7
(1) Section 217, `about the safety of ships or persons'-- 8
omit. 9
(2) Section 217-- 10
insert-- 11
`(2) If a regulation requires a person (an applicant) to obtain the 12
consent of a stated person under the regulation before holding 13
an event or activity mentioned in subsection (1), neither the 14
State or the stated person-- 15
(a) is responsible for supervising the holding of the event or 16
activity; or 17
(b) is liable in relation to the holding or conduct of the event 18
or activity. 19
`(3) Subsection (2) does not prevent the State being held liable in 20
relation to the grant of the consent to the applicant to hold the 21
event or activity by a person whose consent was required 22
under a regulation.'. 23
Clause 99 Amendment of s 218 (Other matters for regulations) 24
(1) Section 218(1)(e)-- 25
omit, insert-- 26
`(e) where buoy moorings may be established, approvals for 27
establishing buoy moorings at locations and other 28
matters relating to identifying and using buoy 29
moorings.'. 30
(2) Section 218-- 31
insert-- 32
s 100 93 s 100
Maritime and Other Legislation Amendment Bill 2006
`(3) If under a regulation, whether made before or after the 1
commencement of this subsection, the general manager or the 2
chief executive approved the establishment of a buoy mooring 3
or where a buoy mooring may be established, the general 4
manager, the chief executive and the State are not, and never 5
have been, responsible-- 6
(a) for approving the structural integrity of the buoy 7
mooring; or 8
(b) for other matters in relation to the buoy mooring's 9
establishment or maintenance. 10
`(4) The general manager, the chief executive and the State are not, 11
and never have been, liable in relation to a buoy mooring's 12
establishment or maintenance other than in relation to the 13
approval of the location of the buoy mooring. 14
`(5) However if a court decided a matter before the 15
commencement of this subsection, and the decision included a 16
finding that the general manager, the chief executive or the 17
State was liable in relation to an approval in relation to a buoy 18
mooring, the decision is not affected by subsections (3) and 19
(4).'. 20
Clause 100 Insertion of new s 219 21
Part 18-- 22
insert-- 23
`219 General manager's power to fix other matters by 24
gazette notice 25
`Without limiting the Statutory Instruments Act 1992, section 26
26,7 a regulation may authorise the general manager to 27
provide, by gazette notice, for an aspect of a matter prescribed 28
in the regulation. 29
30
Examples of aspects of matters--
31
· changing times prescribed in a regulation for reporting matters
32
relevant to ships with dangerous cargo or for matters about notice
33
requirements for amending or cancelling pilotage
7 Statutory Instruments Act 1992, section 26 (Statutory instrument may authorise
determination etc. by specified person etc.)
s 101 94 s 104
Maritime and Other Legislation Amendment Bill 2006
1
· defining areas of Queensland waters as category areas for buoy
2
moorings
3
· stating waters where the presence of anchored ships involves
4
danger to aircraft or other ships or the anchoring, berthing, mooring
5
or operating of a ship, or type of ship, endangers marine safety'.
Clause 101 Insertion of new pt 19, div 1, hdg 6
Part 19, before section 220-- 7
insert-- 8
`Division 1 Provisions for Act No. 14 of 1994'. 9
Clause 102 Omission of s 224 (Existing approvals, consents, 10
licences, permits etc.) 11
Section 224-- 12
omit. 13
Clause 103 Replacement of pt 20, hdg (Transitional provisions for 14
Maritime Safety Queensland Act 2002) 15
Part 20, heading-- 16
omit, insert-- 17
`Division 2 Provisions for Maritime Safety 18
Queensland Act 2002'. 19
Clause 104 Amendment of s 225 (Definitions for pt 20) 20
(1) Section 225, heading, `pt 20'-- 21
omit, insert-- 22
`div 2'. 23
(2) Section 225, `part'-- 24
omit, insert-- 25
`division'. 26
s 105 95 s 105
Maritime and Other Legislation Amendment Bill 2006
Clause 105 Insertion of new pt 19, div 3 and schedule 1
After section 235-- 2
insert-- 3
`Division 3 Provisions for Maritime and Other 4
Legislation Amendment Act 2006 5
`236 References in other legislation to words defined 6
in s 4 7
`(1) This section applies to a reference in another Act or statutory 8
instrument, that is in force at the commencement of this 9
section, to a word or expression as defined in this Act 10
(however the reference is worded) that includes a reference to 11
section 4. 12
13
Example--
14
The Transport Infrastructure (Public Marine Facilities) Regulation
15
2000, schedule 4 includes a definition of ship as follows--
16
ship see Transport Operations (Marine Safety) Act 1994, section 4.
`(2) If the context permits, the reference is taken to be a reference 17
to that word or expression as defined in the schedule. 18
`(3) In this section-- 19
section 4 means section 4 of this Act as the section was in 20
force immediately before the commencement of this section. 21
`237 Provisions relating to the power of harbour masters 22
before the commencement to give directions 23
`(1) If a direction was given under part 7, division 2 before the 24
commencement of this section and continued to have effect 25
immediately before the commencement-- 26
(a) the direction continues to have effect; and 27
(b) this Act, as in force immediately before the 28
commencement, continues to apply to the direction and 29
the obligations of any person arising out of the direction. 30
31
Examples for paragraph (b)--
32
1 If, before the commencement of this section, the master of a
33
ship is taken to have been given a direction that, under
s 105 96 s 105
Maritime and Other Legislation Amendment Bill 2006
1
section 86(3), was given to a crew member, after the
2
commencement the master continues to have an obligation
3
to comply with the direction.
4
2 If, before the commencement of this section, a person is
5
given a direction under section 89, after the commencement
6
the person continues to have an obligation to comply with
7
the direction even though it was not in writing.
`(2) If a harbour master had started to carry out a direction or 8
proposed direction as mentioned in section 93 as in force 9
immediately before the commencement, the harbour master 10
may continue to carry out the direction or proposed direction. 11
`(3) Section 94, as in force immediately before the 12
commencement, continues to apply to an expense incurred 13
before the commencement and also applies to an expense 14
incurred by a harbour master who, under subsection (2), 15
continues to carry out a direction or proposed direction. 16
`(4) Subsections (2) and (3) do not limit subsection (1). 17
`238 Reasonable excuse for not reporting marine incident 18
`Section 125(4) and (5) apply in relation to a marine incident 19
even if it happened before the commencement of this section. 20
`239 Direction or notice given by shipping inspector 21
before the commencement 22
`(1) This section applies to any of the following given by a 23
shipping inspector before the commencement of this section 24
that continues to have effect immediately before the 25
commencement-- 26
(a) a direction under section 171 or 172, as in force before 27
the commencement; 28
(b a notice under section 172A, as in force before the 29
commencement. 30
`(2) This Act, as in force immediately before the commencement, 31
continues to apply to-- 32
(a) the direction or notice; and 33
(b) the obligations of any person arising out of the direction 34
or notice. 35
s 105 97 s 105
Maritime and Other Legislation Amendment Bill 2006
`240 Property seized under s 175A before the 1
commencement 2
`If property is seized by a shipping inspector under section 3
175A before the commencement of this section, that section 4
as in force immediately before the commencement continues 5
to apply in relation to the property and its seizure. 6
`241 Enforcement order or interim enforcement order only 7
if offence committed after the commencement 8
`An enforcement order or interim enforcement order may not 9
be made under part 13A, division 2 in relation to an offence 10
committed entirely before the commencement of this section. 11
`242 Disqualification under s 202A only if offence 12
committed after the commencement 13
`Section 202A does not apply to a person if the person 14
committed an offence mentioned in section 202A(1)(a) before 15
the commencement of this section. 16
`243 Decisions made before the commencement 17
`(1) If a person whose interests were affected by a 18
pre-commencement decision started an appeal under previous 19
part 16 against the decision-- 20
(a) previous part 16 continues to apply to the appeal; and 21
(b) previous part 16 applies in relation to any decision made 22
on appeal about the pre-commencement decision. 23
`(2) If a person whose interests were affected by a 24
pre-commencement decision had not started an appeal under 25
previous part 16 against the decision before the 26
commencement of this section, the person may not start an 27
appeal under previous part 16 but may take action in relation 28
to the pre-commencement decision under new part 16. 29
`(3) In this section-- 30
new part 16 means part 16 as in force immediately after the 31
commencement of this section. 32
s 105 98 s 105
Maritime and Other Legislation Amendment Bill 2006
pre-commencement decision means a decision made under 1
this Act before the commencement of this section that may be 2
appealed under previous part 16. 3
previous part 16 means part 16 as in force immediately before 4
the commencement of this section. 5
`244 Existing licences to drive speedboats and other 6
recreational ship master's licences 7
`(1) This section applies to a person-- 8
(a) who, immediately before the commencement of this 9
section, was taken to be the holder of a licence under 10
this Act8 that was a licence to drive a speedboat; or 11
(b) who, on or after 3 June 1994, became the holder of a 12
recreational ship master's licence. 13
`(2) If, before the commencement, a licence mentioned in 14
subsection (1) had not been cancelled or surrendered under 15
this Act, the person who holds the licence is taken to be the 16
holder of a licence under this Act to operate a recreational 17
ship as its master as if the licence were granted under this Act. 18
`(3) If, before the commencement, a licence mentioned in 19
subsection (1) had been suspended under this Act for a period, 20
the person who holds the licence is taken to be the holder of a 21
licence under this Act to operate a recreational ship as its 22
master as if the licence were granted under this Act but 23
suspended until the period expires. 24
`(4) To remove any doubt, it is declared that a recreational ship 25
master's licence granted on or after 3 June 1994 and before 26
the commencement, has not expired even if the licence 27
included an expiry date on the licence. 28
8 Repealed section 224 previously dealt with this issue.
s 105 99 s 105
Maritime and Other Legislation Amendment Bill 2006
`Schedule Dictionary 1
section 4 2
accredited, in relation to a ship designer, ship builder or 3
marine surveyor, means a ship designer, ship builder or 4
marine surveyor accredited under a regulation. 5
aid to navigation see section 104. 6
appropriate appeal court, for part 16, see section 203. 7
approval means any of the following-- 8
(a) registration of a ship; 9
(b) licensing of a person as a master, crew member or pilot; 10
(c) accreditation of an entity to license a person as a master, 11
crew member or pilot; 12
(d) approval of an entity to conduct training programs 13
relating to the operation of ships; 14
(e) permission for a person to operate a ship as its master or 15
pilot; 16
(f) accreditation of a ship designer, ship builder or marine 17
surveyor. 18
approved form see section 206B. 19
Australian legal practitioner see the Legal Profession Act 20
2004, schedule 5. 21
building, in relation to a ship, includes altering the ship, or 22
replacing a part of the ship, if the alteration or replacement is 23
declared, under a regulation, to be an alteration or 24
replacement that may affect marine safety. 25
buoy mooring means something, other than the ship's own 26
equipment, used, or intended to be used, for mooring a ship, 27
that consists of each of the following-- 28
(a) a device attached to or sitting on the seabed or the bed of 29
other Queensland waters; 30
s 105 100 s 105
Maritime and Other Legislation Amendment Bill 2006
(b) a system involving cables, chains or ropes that is 1
attached to the device mentioned in paragraph (a); 2
(c) a buoy or other float on the surface of the water, that is 3
attached to the system mentioned in paragraph (b) and 4
marks the location of the device and system. 5
causes includes-- 6
(a) for a marine incident--substantially contributing to the 7
marine incident; and 8
(b) for the death of, or grievous bodily harm to, a 9
person--substantially contributing to the death of, or 10
grievous bodily harm to, the person. 11
certificate of compliance see section 5. 12
certificate of survey, for a ship, means a certificate of survey 13
issued for the ship under a regulation. 14
commercial ship see section 10A(1). 15
Commonwealth Navigation Act means the Navigation Act 16
1912 (Cwlth). 17
compulsory pilotage area means a pilotage area, or part of a 18
pilotage area, declared under a regulation to be a compulsory 19
pilotage area. 20
connected with Queensland, for a ship, see section 6. 21
convicted, of an offence, means being found guilty of the 22
offence, on a plea of guilty or otherwise, whether or not a 23
conviction is recorded. 24
delegate, of the chief executive or general manager, for part 25
16, see section 203. 26
disclosing person, for part 15A, see section 202P(1). 27
disqualified person means a person for whom there is an 28
order of a court under section 202A(2) disqualifying the 29
person from holding or obtaining a licence, either absolutely 30
or for a period ordered by the court. 31
disqualifying court see section 202A(3). 32
division 3 undertaking, for part 13A, means an undertaking 33
under part 13A, division 3. 34
s 105 101 s 105
Maritime and Other Legislation Amendment Bill 2006
enforcement order means an order of the District Court under 1
part 13A, division 2-- 2
(a) to remedy or restrain the commission of a notice 3
offence; or 4
(b) to ensure compliance with a division 3 undertaking. 5
fishing ship see section 10A(2). 6
general direction see section 86A(2). 7
general manager means the general manager under the 8
Maritime Safety Queensland Act 2002. 9
government legal officer see the Legal Profession Act 2004, 10
schedule 5. 11
grievous bodily harm has the meaning given by the Criminal 12
Code. 13
harbour master means a person who is appointed under this 14
Act as a harbour master. 15
interim enforcement order means an order under section 16
183D. 17
interstate voyage means an inter-State voyage as defined 18
under the Commonwealth Navigation Act. 19
licence means-- 20
(a) a licence provided for under section 60(1); or 21
(b) a restricted licence. 22
licensing entity see section 202G(2). 23
lost, in relation to a ship or part of a ship, includes sunk and 24
wrecked. 25
marine incident see section 123. 26
marine incident area, for a provision in part 7, division 2 27
under which a harbour master is authorised to give a direction 28
in relation to a marine incident area, means an area where the 29
harbour master reasonably believes a marine incident has 30
happened or is likely to happen. 31
master see section 7. 32
s 105 102 s 105
Maritime and Other Legislation Amendment Bill 2006
MSQ means the Maritime Safety Agency of Queensland 1
established under the Maritime Safety Queensland Act 2002. 2
notice offence means an offence against any of the following 3
provisions involving a person contravening a direction or 4
requirement under this Act-- 5
· section 87B(3) 6
· section 88(2) 7
· section 89(2) 8
· section 90(3) 9
· section 91(3) 10
· section 92(4) 11
· section 171(3) 12
· section 172(4) 13
· section 172AA(3) 14
· section 172AA(6) 15
· section 172A(4) 16
· section 175(2). 17
obstruct includes hinder, resist and attempt to obstruct. 18
official, for part 15A, see section 202N. 19
operates, a ship, see section 8. 20
original decision, for part 16, see section 203. 21
overseas voyage means an overseas voyage as defined under 22
the Commonwealth Navigation Act. 23
owner, of a ship, see section 9. 24
particular direction see section 86A(4). 25
person in control includes-- 26
(a) for a ship--the ship's master or the person who appears 27
to be the ship's master; and 28
(b) for a vehicle--the vehicle's driver or the person who 29
appears to be the vehicle's driver. 30
s 105 103 s 105
Maritime and Other Legislation Amendment Bill 2006
pilot means a person licensed under a regulation as a pilot and 1
who, when on board a ship, has the conduct of it even though 2
the person does not belong to the ship. 3
pilotage area means an area of Queensland waters that is 4
declared under this Act to be a pilotage area. 5
place includes land and premises, but does not include a ship 6
or vehicle. 7
port, of a port authority, has the same meaning as in the 8
Transport Infrastructure Act 1994. 9
port authority means a port authority under the Transport 10
Infrastructure Act 1994. 11
premises includes-- 12
(a) a building or other structure or part of a building or other 13
structure; and 14
(b) land where a building or other structure is situated. 15
prescribed applicant, for part 13A, means any of the 16
following-- 17
(a) the chief executive; 18
(b) the general manager; 19
(c) a harbour master. 20
Queensland intrastate voyage means a voyage beginning or 21
ending in Queensland waters, other than an interstate voyage 22
or overseas voyage. 23
reasonably believes means believes on grounds that are 24
reasonable in all the circumstances. 25
reasonably considers means considers on grounds that are 26
reasonable in all the circumstances. 27
reasonably satisfied means satisfied on grounds that are 28
reasonable in all the circumstances. 29
recreational ship see section 10A(3). 30
relevant clerk, of a court, means-- 31
(a) if the court is a Magistrates Court--the clerk of the 32
court; or 33
s 105 104 s 105
Maritime and Other Legislation Amendment Bill 2006
(b) if the court is the District Court--a registrar, within the 1
meaning of the District Court of Queensland Act 1967, 2
of the court; or 3
(c) if the court is the Supreme Court--a registrar of the 4
court. 5
reprisal, for part 15A, see section 202R(3). 6
restricted licence means a licence under part 15, division 3. 7
reviewed decision, for part 16, see section 203C(1). 8
set up, an aid to navigation, includes-- 9
(a) build, erect or place the aid; and 10
(b) add to, alter or remove the aid; and 11
(c) change its character or the way it exhibits its lights; and 12
(d) maintain the aid. 13
ship see section 10. 14
shipping inspector means a person who is appointed under 15
this Act as a shipping inspector, and includes a harbour 16
master. 17
source of interference see section 92(1). 18
standard means a standard made under section 45 and 19
includes an interim standard. 20
tender means an auxiliary ship, other than a lifeboat, that-- 21
(a) is not longer than 6m; and 22
(b) is employed to attend another ship; and 23
(c) is smaller than the other ship; and 24
(d) is operated only in the proximity of the other ship. 25
vehicle includes an aircraft but does not include a ship.'. 26
s 106 105 s 109
Maritime and Other Legislation Amendment Bill 2006
Part 5 Amendment of other legislation 1
Division 1 Amendment of Transport 2
Infrastructure Act 1994 3
Clause 106 Act amended in div 1 4
This division amends the Transport Infrastructure Act 1994. 5
Clause 107 Amendment of s 84B (State toll road corridor land on rail 6
corridor land) 7
(1) Section 84B(4)(a) and (5), `chief executive'-- 8
omit, insert-- 9
`relevant person'. 10
(2) Section 84B-- 11
insert-- 12
`(8) In this section-- 13
relevant person, for State toll road corridor land, means-- 14
(a) the chief executive; or 15
(b) if the State toll road corridor land has been leased--the 16
person to whom the land has been leased.'. 17
Clause 108 Amendment of s 85 (Power to enter into road franchise 18
agreements) 19
Section 85(3)-- 20
insert-- 21
`(c) provisions about administration charges in relation to 22
tolls for the use of the road transport infrastructure.'. 23
Clause 109 Insertion of new s 85A 24
After section 85-- 25
insert-- 26
s 109 106 s 109
Maritime and Other Legislation Amendment Bill 2006
`85A Franchised road on rail corridor land 1
`(1) If, under section 85, the Minister intends to enter into a road 2
franchise agreement involving the construction, maintenance 3
or operation of a road, or part of a road, that crosses rail 4
corridor land and continues on the other side of the rail 5
corridor land, the Minister must-- 6
(a) consult with the railway manager, if any, for the rail 7
corridor land; and 8
(b) give the railway manager a reasonable opportunity to 9
make submissions to the Minister about the intended 10
declaration. 11
`(2) If the Minister enters into the road franchise agreement, the 12
Minister must, by gazette notice, declare the part of the rail 13
corridor land where it is crossed by the road to be a common 14
area (common area) for the rail corridor land and the 15
franchised road. 16
`(3) The declaration of the common area must be made as soon as 17
practicable after the Minister enters into the road franchise 18
agreement. 19
`(4) After the common area is declared-- 20
(a) the franchisee may construct, maintain or operate a 21
franchised road on the common area in a way not 22
inconsistent with its use as rail corridor land; and 23
24
Examples for paragraph (a)--
25
· a bridge or other structure over a railway
26
· a bridge or other structure that allows the franchised road to
27
pass under the railway
(b) the railway manager, if any, for the rail corridor land 28
may construct, maintain and operate a railway on the 29
common area in a way not inconsistent with its use as a 30
franchised road; and 31
(c) the railway manager and its agents or employees do not 32
have any liability for the franchised road or its use or 33
operation on the common area. 34
`(5) Unless the franchisee and the railway manager, if any, for the 35
rail corridor land otherwise agree-- 36
s 110 107 s 110
Maritime and Other Legislation Amendment Bill 2006
(a) subject to section 251,9 the franchisee is responsible for 1
maintaining a franchised road on the common area; and 2
(b) if the franchised road on the common area stops being 3
used, the franchisee is responsible for the cost of 4
removing road transport infrastructure from the 5
common area and restoring the railway. 6
`(6) The State is taken not to be in breach of any of its obligations 7
in a sublease of the rail corridor land, whether entered into 8
before or after the commencement of this section, between the 9
State and the railway manager by-- 10
(a) the road franchise agreement; or 11
(b) anything done by the franchisee under this chapter for 12
the common area. 13
`(7) After the common area is declared-- 14
(a) the chief executive must, as soon as practicable, give a 15
copy of the gazette notice of the declaration to the 16
registrar of titles; and 17
(b) the registrar of titles must record the declaration on the 18
relevant lease of the rail corridor land to the State and 19
any affected sublease in the leasehold land register; and 20
(c) any existing common area on the part of the rail corridor 21
land where it is crossed by the franchised road is, on the 22
publication of the declaration, extinguished.'. 23
Clause 110 Amendment of s 90 (Application of other provisions of 24
this chapter) 25
Section 90(1), `the other parts of this chapter, and of 26
regulations made for this chapter'-- 27
omit, insert-- 28
`parts 1 to 5, and regulations made for the parts'. 29
9 Section 251 (Maintaining roads crossing railways)
s 111 108 s 115
Maritime and Other Legislation Amendment Bill 2006
Clause 111 Amendment of s 92 (Definitions for pt 7) 1
Section 92, definition user administration charge, after `by 2
use of'-- 3
insert-- 4
`a touch tag or'. 5
Clause 112 Amendment of s 94 (Liability for toll and user 6
administration charge and satisfying the liability) 7
Section 94(1)(b), after `by use of'-- 8
insert-- 9
`a touch tag or'. 10
Clause 113 Amendment of s 96 (Application of div 3) 11
Section 96(b), `section 94(3)'-- 12
omit, insert-- 13
`section 94(3A)'. 14
Clause 114 Amendment of s 97 (Definition for div 3) 15
(1) Section 97, definition deferred toll amount, paragraph (a), 16
`section 94(3)'-- 17
omit, insert-- 18
`section 94(3A)'. 19
(2) Section 97, definition deferred toll amount, paragraph (c)-- 20
omit. 21
Clause 115 Amendment of s 98 (Liability for administration charge in 22
addition to unpaid toll and user administration charge) 23
(1) Section 98, heading, `and user administration charge'-- 24
omit. 25
s 116 109 s 116
Maritime and Other Legislation Amendment Bill 2006
(2) Section 98(1), `and the user administration charge for the 1
toll'-- 2
omit. 3
Clause 116 Amendment of s 105B (Definitions for pt 8) 4
(1) Section 105B, definition local government tollway-- 5
omit. 6
(2) Section 105B-- 7
insert-- 8
`compliance notice see section 105GC(2). 9
declaration, for a local government tollway, means a 10
declaration under section 105GA as in force from time to 11
time. 12
final notice see section 105GF(3). 13
local government franchisee means a person with whom a 14
local government has entered into a local government tollway 15
franchise agreement. 16
local government tollway see section 105GA(5). 17
matter, in relation to a contravention, means any matter 18
arising because of the contravention. 19
relevant notice see section 105GH(1). 20
revocation notice see section 105GD(2)(b). 21
schedule 5 step-in notice see section 105GF(2). 22
schedule 5A step-in notice see section 105GG(2). 23
suspension notice see section 105GD(2)(a).'. 24
(3) Section 105B, definitions designated vehicle and user 25
administration charge, `section 105ZB(4)'-- 26
omit, insert-- 27
`section 105ZB(1)'. 28
s 117 110 s 120
Maritime and Other Legislation Amendment Bill 2006
Clause 117 Omission of s 105D (Local government to keep Minister 1
informed) 2
Section 105D-- 3
omit. 4
Clause 118 Amendment of s 105E (Minister may amend approval) 5
(1) Section 105E(1), after `material change'-- 6
insert-- 7
`of a type mentioned in section 105ZOA'. 8
(2) Section 105E(4)(a), `section 105D'-- 9
omit, insert-- 10
`section 105ZOA'. 11
Clause 119 Amendment of s 105F (When approval has effect) 12
Section 105F(b)(i), `section 105ZB'-- 13
omit, insert-- 14
`section 105GA'. 15
Clause 120 Replacement of s 105G (State not liable for loss relating 16
to approved tollway project) 17
Section 105G-- 18
omit, insert-- 19
`Division 2A Local government tollway 20
`Subdivision 1 Declaration 21
`105G Request for declaration 22
`(1) A local government that has an approved tollway project may, 23
by written notice given to the Minister, ask the Minister to 24
declare a local government tollway for the approved tollway 25
project. 26
s 120 111 s 120
Maritime and Other Legislation Amendment Bill 2006
`(2) The request must be accompanied by a plan of the proposed 1
local government tollway. 2
`(3) After receiving the application and the plan, the Minister may, 3
by written notice given to the local government, ask the local 4
government to give the Minister, within the reasonable time 5
stated in the notice-- 6
(a) further information or documents about the approved 7
tollway project or proposed local government tollway; 8
or 9
(b) a revised plan or another plan for the local government 10
tollway. 11
`(4) If the local government does not comply with a request made 12
under subsection (3), the Minister may make the decision 13
about the declaration without the further information or 14
document or revised or other plan. 15
`105GA Declaration 16
`(1) If the Minister receives a request under section 105G, the 17
Minister may, by gazette notice, declare that any of the 18
following is a local government tollway-- 19
(a) a local government franchised road or part of a local 20
government franchised road; 21
(b) local government tollway corridor land or part of local 22
government tollway corridor land. 23
`(2) Without limiting the matters to which the Minister may have 24
regard in deciding whether to declare a local government 25
tollway for an approved tollway project, the Minister may 26
have regard to the following matters-- 27
(a) whether there have been any material changes to the 28
approved tollway project; 29
(b) whether the local government has complied with 30
conditions to which, under division 2, the approved 31
tollway project is subject; 32
(c) whether the local government has complied with all 33
other requirements relevant to the approved tollway 34
project under an Act. 35
s 120 112 s 120
Maritime and Other Legislation Amendment Bill 2006
`(3) The Minister may, by the gazette notice mentioned in 1
subsection (1), impose the conditions that the Minister 2
considers necessary in the circumstances on the declaration of 3
a local government tollway. 4
`(4) A condition must be about a matter mentioned in schedule 5 5
or 5A. 6
`(5) In this Act, a local government tollway means a local 7
government tollway declared under this section and, if the 8
context permits, includes the maintenance or operation of the 9
local government tollway. 10
`105GB Amendment etc. of declaration or conditions at 11
request of local government 12
`(1) A local government for which the declaration of a local 13
government tollway has been made may, by written notice 14
given to the Minister, ask the Minister-- 15
(a) to amend the description of the local government 16
tollway because the boundaries of the land described in 17
the declaration are not stated with adequate certainty; or 18
(b) to amend the declaration by including additional land in, 19
or omitting land from, the declaration; or 20
(c) to impose, amend or remove a condition on the 21
declaration about a matter mentioned in schedule 5 or 22
5A. 23
`(2) A request under subsection (1)(a) or (b) must be accompanied 24
by a plan of the local government tollway, identifying the land 25
for which the amendment is sought. 26
`(3) The Minister may, by gazette notice, amend the declaration as 27
the Minister considers necessary or desirable in the 28
circumstances. 29
`(4) If the local government makes a request under subsection 30
(1)(c), the Minister may, by gazette notice-- 31
(a) if the request relates to a condition mentioned in 32
schedule 5--impose, amend or remove a condition on 33
the declaration about a matter mentioned in schedule 5 34
as the Minister considers necessary or desirable; or 35
s 120 113 s 120
Maritime and Other Legislation Amendment Bill 2006
(b) if the request relates to a condition mentioned in 1
schedule 5A--impose, amend or remove a condition on 2
the declaration about a matter mentioned in schedule 5A 3
as the Minister considers necessary or desirable. 4
`(5) An amendment of a declaration or the imposition, amendment 5
or removal of a condition under this section-- 6
(a) if the amendment relates to a request under subsection 7
(1)(a)--is taken to have had effect from the day on 8
which the declaration of the local government tollway 9
took effect; or 10
(b) otherwise--takes effect from the day the gazette notice 11
is published. 12
`Subdivision 2 Compliance with conditions of 13
declaration 14
`105GC Compliance notice 15
`(1) This section applies if the Minister reasonably believes a 16
condition imposed on a declaration of a local government 17
tollway is being, or has been, contravened by-- 18
(a) the local government; or 19
(b) if the local government has entered into a local 20
government tollway franchise agreement for the 21
tollway--the local government franchisee. 22
`(2) The Minister may give the local government a notice (a 23
compliance notice) requiring the local government-- 24
(a) if the local government is contravening, or has 25
contravened, the condition-- 26
(i) to stop contravening the condition; or 27
(ii) to stop contravening the condition and rectify the 28
matter; or 29
(iii) to rectify the matter; or 30
(b) if the local government franchisee is contravening, or 31
has contravened, the condition-- 32
s 120 114 s 120
Maritime and Other Legislation Amendment Bill 2006
(i) to ensure the local government franchisee stops 1
contravening the condition; or 2
(ii) to ensure the local government franchisee stops 3
contravening the condition and the local 4
government to rectify, or ensure the local 5
government franchisee rectifies, the matter; or 6
(iii) to rectify, or ensure the local government 7
franchisee rectifies, the matter. 8
`(3) The compliance notice must state the following-- 9
(a) that the Minister believes the local government or local 10
government franchisee is contravening, or has 11
contravened, a condition imposed on the declaration of 12
the local government tollway; 13
(b) the condition the Minister believes is being, or has been, 14
contravened; 15
(c) briefly, how it is believed the condition is being, or has 16
been, contravened; 17
(d) if the notice requires the local government to rectify, or 18
ensure the local government franchisee rectifies, a 19
matter-- 20
(i) the matter the Minister believes is reasonably 21
capable of being rectified; and 22
(ii) the steps the local government must take to rectify, 23
or ensure the local government franchisee rectifies, 24
the matter; and 25
(iii) the stated reasonable period, not less than 7 days 26
after the day the compliance notice is given, in 27
which the local government must take the steps or 28
ensure the local government franchisee has taken 29
the steps; 30
(e) that if the contravention continues or the matter is not 31
rectified as required, the Minister may take action 32
described in the notice under section 105GD, 105GF or 33
105GG. 34
`(4) If the local government has entered into a local government 35
tollway franchise agreement for the local government tollway, 36
s 120 115 s 120
Maritime and Other Legislation Amendment Bill 2006
the Minister must also give a copy of the compliance notice to 1
the local government franchisee. 2
`(5) The local government must, as required by the compliance 3
notice and unless the local government has a reasonable 4
excuse-- 5
(a) stop contravening the condition or rectify the matter; or 6
(b) ensure the local government franchisee stops 7
contravening the condition or rectifies the matter. 8
`105GD Failure to comply with compliance notice if no local 9
government tollway franchise agreement 10
`(1) This section applies if-- 11
(a) the Minister has given a local government a compliance 12
notice; and 13
(b) the local government fails to stop contravening the 14
condition, or fails to rectify the matter, as required by 15
the compliance notice; and 16
(c) the local government-- 17
(i) has not entered into a local government tollway 18
franchise agreement for the local government 19
tollway; or 20
(ii) has entered into a local government tollway 21
franchise agreement for the local government 22
tollway but the agreement has ended. 23
`(2) The Minister may-- 24
(a) by written notice (a suspension notice) given to the 25
local government, declare that a toll stops being payable 26
for the use of the local government tollway for a period 27
stated in the notice; or 28
(b) give the local government a notice (a revocation notice) 29
that states the following-- 30
(i) that the Minister believes the local government has 31
failed to stop contravening the condition, or failed 32
to rectify the matter, as required by the compliance 33
notice; 34
s 120 116 s 120
Maritime and Other Legislation Amendment Bill 2006
(ii) briefly, how it is believed the local government has 1
failed to stop contravening the condition, or failed 2
to rectify the matter, as required by the compliance 3
notice, including any of the matters mentioned in 4
section 105GC(3) that are still relevant for the 5
revocation notice; 6
(iii) the steps the local government must take to stop 7
contravening the condition or rectify the matter; 8
(iv) the stated reasonable period, not less than 7 days 9
after the day the revocation notice is given, in 10
which the contravention must stop or the matter 11
must be rectified; 12
(v) that if, within the stated reasonable period, the 13
contravention does not stop or the matter is not 14
rectified, the Minister intends to revoke the 15
declaration of the local government tollway. 16
`(3) The local government must comply with the revocation 17
notice, unless the local government has a reasonable excuse. 18
`105GEEffect of revocation notice or suspension notice 19
`(1) Subsection (2) applies if-- 20
(a) the Minister gives a local government a revocation 21
notice; and 22
(b) the local government fails to stop contravening the 23
condition or fails to rectify the matter, as required by the 24
revocation notice. 25
`(2) The Minister may, by gazette notice, revoke the declaration of 26
the local government tollway. 27
`(3) A gazette notice under subsection (2) takes effect from the 28
day the gazette notice is published or the later day stated in the 29
gazette notice. 30
`(4) As soon as practicable after revoking a declaration under 31
subsection (2), the Minister must give the local government a 32
notice (a final notice) about the revocation of the declaration. 33
`(5) If the Minister gives the local government a suspension 34
notice-- 35
s 120 117 s 120
Maritime and Other Legislation Amendment Bill 2006
(a) the suspension notice has effect for the period stated in 1
the suspension notice; and 2
(b) a person is not liable, under section 105ZC, to pay a toll 3
for the use of the local government tollway for the 4
period. 5
`105GFFailure to comply with compliance notice for 6
schedule 5 condition 7
`(1) This section applies if-- 8
(a) a local government has entered into a local government 9
tollway franchise agreement for the local government 10
tollway; and 11
(b) the Minister has given the local government a 12
compliance notice; and 13
(c) the local government or local government franchisee 14
fails to stop contravening the condition, or fails to 15
rectify the matter, as required by the compliance notice; 16
and 17
(d) the condition is a condition mentioned in schedule 5. 18
`(2) The Minister may give the local government a notice (a 19
schedule 5 step-in notice) that states the following-- 20
(a) that the Minister believes the local government or local 21
government franchisee has failed to stop contravening 22
the condition, or failed to rectify the matter, as required 23
by the compliance notice; 24
(b) briefly, how it is believed the local government or local 25
government franchisee has failed to stop contravening 26
the condition, or failed to rectify the matter, as required 27
by the compliance notice, including any of the matters 28
mentioned in section 105GC(3) that are still relevant for 29
the schedule 5 step-in notice; 30
(c) the steps the local government must take-- 31
(i) to stop contravening the condition or to rectify the 32
matter; or 33
(ii) to ensure the local government franchisee stops 34
contravening the condition or rectifies the matter; 35
s 120 118 s 120
Maritime and Other Legislation Amendment Bill 2006
(d) the stated reasonable period, not less than 7 days after 1
the day the schedule 5 step-in notice is given, in which 2
the contravention must stop or the matter must be 3
rectified; 4
(e) that if, within the stated reasonable period, the 5
contravention does not stop or the matter is not rectified, 6
the chief executive may exercise powers under 7
subsection (4). 8
`(3) The local government must, as required by the schedule 5 9
step-in notice and unless the local government has a 10
reasonable excuse-- 11
(a) stop contravening the condition or rectify the matter; or 12
(b) ensure the local government franchisee stops 13
contravening the condition or rectifies the matter. 14
`(4) If the local government fails to comply with the schedule 5 15
step-in notice, the chief executive may exercise the powers of 16
the local government under the local government tollway 17
franchise agreement for the purpose of, and only for the 18
purpose of, enforcing the local government's rights under the 19
agreement in relation to the contravention of the condition. 20
`(5) The chief executive may exercise rights under subsection 21
(4)-- 22
(a) as if the chief executive were-- 23
(i) a party to the local government tollway franchise 24
agreement in place of the local government; and 25
(ii) subject to the requirements imposed on the 26
exercise of the rights by any agreement the local 27
government has made with a financier in relation 28
to the local government tollway; and 29
(iii) entitled to all the indemnities, benefits and 30
protections in favour of the local government under 31
the local government tollway franchise agreement 32
or any ancillary agreement between the local 33
government and the local government franchisee or 34
the local government franchisee's financiers; and 35
s 120 119 s 120
Maritime and Other Legislation Amendment Bill 2006
(b) without relieving the local government from any of its 1
obligations and responsibilities under the local 2
government tollway franchise agreement. 3
`(6) If the chief executive incurs costs, losses or expenses because 4
of the exercise of powers under subsection (4), the amount of 5
the costs, losses or expenses-- 6
(a) is a debt payable to the State by the local government; 7
and 8
(b) may be recovered as a debt by action against the local 9
government. 10
`(7) The Minister must also give a copy of the schedule 5 step-in 11
notice to the local government franchisee. 12
`105GG Failure to comply with compliance notice for 13
schedule 5A condition 14
`(1) This section applies if-- 15
(a) a local government has entered into a local government 16
tollway franchise agreement for the local government 17
tollway; and 18
(b) the Minister has given the local government a 19
compliance notice; and 20
(c) the local government fails to stop contravening the 21
condition, or fails to rectify the matter, as required by 22
the compliance notice; and 23
(d) the condition is a condition mentioned in schedule 5A. 24
25
Note--
26
The notice would not mention the local government franchisee because
27
the conditions in schedule 5A apply only to the local government.
`(2) The Minister may give the local government a notice (a 28
schedule 5A step-in notice) that states the following-- 29
(a) that the Minister believes the local government has 30
failed to stop contravening the condition, or failed to 31
rectify the matter, as required by the compliance notice; 32
(b) briefly, how it is believed the local government has 33
failed to stop contravening the condition, or failed to 34
s 120 120 s 120
Maritime and Other Legislation Amendment Bill 2006
rectify the matter, as required by the compliance notice, 1
including any of the matters mentioned in section 2
105GC(3) that are still relevant for the schedule 5A 3
step-in notice; 4
(c) the steps the local government must take to stop 5
contravening the condition or to rectify the matter; 6
(d) the stated reasonable period, not less than 7 days after 7
the day the schedule 5A step-in notice is given, in which 8
the contravention must stop or the matter must be 9
rectified; 10
(e) that if, within the stated reasonable period, the 11
contravention does not stop or the matter is not rectified, 12
the chief executive may take steps to stop the 13
contravention or rectify the matter. 14
`(3) The local government must, as required by the schedule 5A 15
step-in notice, stop contravening the condition or rectify the 16
matter, unless the local government has a reasonable excuse. 17
`(4) If the local government fails to comply with the schedule 5A 18
step-in notice, the chief executive may take the steps the chief 19
executive considers necessary to stop the contravention or 20
rectify the matter. 21
`(5) If the chief executive incurs costs, losses or expenses because 22
of taking steps under subsection (4), the amount of the costs, 23
losses or expenses-- 24
(a) is a debt payable to the State by the local government; 25
and 26
(b) may be recovered as a debt by action against the local 27
government. 28
`Subdivision 3 Appeal 29
`105GH Decision by Minister in relation to notice 30
`(1) This section applies if the Minister decides to give a local 31
government any of the following notices (a relevant notice)-- 32
(a) a compliance notice; 33
s 120 121 s 120
Maritime and Other Legislation Amendment Bill 2006
(b) a suspension notice; 1
(c) a revocation notice; 2
(d) a final notice; 3
(e) a schedule 5 step-in notice; 4
(f) a schedule 5A step-in notice. 5
`(2) The relevant notice must state-- 6
(a) that the local government may appeal against the 7
decision; and 8
(b) that, under the Transport Planning and Coordination 9
Act 1994, part 5, division 3, as applied under section 10
105GI, the local government may ask for the decision to 11
be stayed. 12
`105GI Appeal against decision 13
`(1) This section applies if a local government is given a relevant 14
notice. 15
`(2) The local government may appeal to the Supreme Court 16
against the Minister's decision to give the relevant notice. 17
`(3) The Transport Planning and Coordination Act 1994, part 5, 18
division 3-- 19
(a) applies to the appeal as if-- 20
(i) references in the division to the chief executive 21
were references to the Minister; and 22
(ii) references in the division to a reviewed decision 23
were references to the decision; and 24
(iii) references in the division to an appeal court or the 25
appeal court were references to the Supreme Court; 26
and 27
(b) provides-- 28
(i) for the procedure for the appeal and the way it is to 29
be disposed of; and 30
(ii) that the decision may be stayed by the local 31
government by applying to the Supreme Court.'. 32
s 121 122 s 122
Maritime and Other Legislation Amendment Bill 2006
Clause 121 Amendment of s 105H (Declaration of land as local 1
government tollway corridor land) 2
(1) Section 105H(1), after `project'-- 3
insert-- 4
`or local government tollway'. 5
(2) Section 105H-- 6
insert-- 7
`(1A) A request under subsection (1) must be accompanied by-- 8
(a) a survey plan of the local government tollway corridor 9
land for the approved tollway project or local 10
government tollway that-- 11
(i) shows the local government tollway corridor land 12
as it will exist if the declaration is made; and 13
(ii) identifies the land for which the declaration is 14
sought; and 15
(b) if the request relates to a local government tollway--a 16
request under section 105GB(1)(a) or (b) to amend the 17
declaration of the local government tollway in 18
accordance with the proposed declaration of the local 19
government tollway corridor land.'. 20
(3) Section 105H(4)(a) and (b)-- 21
omit, insert-- 22
`(a) all conditions to which, under this Act, the approved 23
tollway project or the declaration of a local government 24
tollway is subject; and 25
(b) all other requirements relevant to the approved tollway 26
project or the declaration of a local government tollway 27
under an Act.'. 28
Clause 122 Amendment of s 105Y (Power to enter into tollway 29
franchise agreements) 30
(1) Section 105Y(2)(b), `section 105ZB,'-- 31
omit, insert-- 32
`division 2A, the declaration of'. 33
s 123 123 s 125
Maritime and Other Legislation Amendment Bill 2006
(2) Section 105Y(2)(c)-- 1
omit. 2
Clause 123 Replacement of s 105ZA (Annual report on operation of 3
part) 4
Section 105ZA-- 5
omit, insert-- 6
`105ZA Annual report on operation of part 7
`(1) If a local government has entered into a local government 8
tollway franchise agreement, each annual report of the local 9
government under the Local Government Act 1993 or the City 10
of Brisbane Act 1924 must include a report on the operation of 11
this part during the financial year to which the report relates. 12
`(2) Without limiting subsection (1), the report must include-- 13
(a) if the local government has an approved tollway 14
project--a statement of how it is complying with 15
conditions to which the approval is subject; and 16
(b) if the local government has a local government 17
tollway--a statement of how it is complying with any 18
conditions imposed on the declaration.'. 19
Clause 124 Replacement of ch 6, pt 8, div 6, hdg (Local government 20
tollways) 21
Chapter 6, part 8, division 6, heading-- 22
omit, insert-- 23
`Division 6 Tolling matters'. 24
Clause 125 Replacement of ch 6, pt 8, div 6, sdiv 1 (Declaration of 25
local government tollways) 26
Chapter 6, part 8, division 6, subdivision 1-- 27
omit, insert-- 28
s 126 124 s 127
Maritime and Other Legislation Amendment Bill 2006
`Subdivision 1 Notice of tolling matters 1
`105ZBLocal government to give notice of tolling matters 2
`(1) A local government must give notice of the matters mentioned 3
in schedule 5 for a local government tollway before a toll 4
becomes payable for the use of the local government tollway. 5
`(2) Notice under subsection (1) must be given by a notice 6
published in a newspaper circulating generally in the local 7
government's area and in adjoining local government areas. 8
`(3) A toll may be set in a way that applies differently-- 9
(a) to different classes of vehicles; or 10
(b) by reference to stated exceptions or factors. 11
`(4) Subsection (3) does not limit schedule 5 or the Statutory 12
Instruments Act 1992. 13
`(5) An administration charge, under a notice under subsection (1), 14
for a toll must not be more than the reasonable cost, under this 15
division, of issuing a notice for, and collecting, the unpaid toll 16
and administration charge for the toll. 17
`(6) A user administration charge, under a notice under subsection 18
(1), for a toll must not be more than the reasonable cost, under 19
this division, of administering and collecting payment of the 20
toll.'. 21
Clause 126 Amendment of s 105ZF (Definition for sdiv 3) 22
Section 105ZF, definition deferred toll amount, paragraph 23
(c)-- 24
omit. 25
Clause 127 Amendment of s 105ZG (Liability for administration 26
charge in addition to unpaid toll and user administration 27
charge) 28
(1) Section 105ZG, heading, `and user administration charge'-- 29
omit. 30
s 128 125 s 128
Maritime and Other Legislation Amendment Bill 2006
(2) Section 105ZG(1), `and the user administration charge for the 1
toll'-- 2
omit. 3
Clause 128 Insertion of new ch 6, pt 8, div 7 4
After section 105ZO-- 5
insert-- 6
`Division 7 Miscellaneous 7
`105ZOA Local government to keep Minister informed 8
`(1) A local government that has an approved tollway project or 9
local government tollway must, by written notice given to the 10
Minister, inform the Minister about any material change 11
relating to the approved tollway project or local government 12
tollway as soon as practicable after the local government 13
becomes aware of the material change. 14
`(2) Without limiting subsection (1), a material change to an 15
approved tollway project or local government tollway 16
includes a change that may-- 17
(a) adversely affect the local government's financial 18
position in a material way; or 19
(b) adversely affect the State's financial position in a 20
material way; or 21
(c) adversely impact on the operation or management of a 22
State-controlled road, a franchised road or public 23
transport in a material way; or 24
(d) affect the proposed methodology or strategy for 25
charging tolls for use of the local government tollway; 26
or 27
(e) change the performance specifications for the approved 28
tollway project or local government tollway, including, 29
for example, the project alignment or design or the land 30
required for the approved tollway project or local 31
government tollway. 32
s 129 126 s 129
Maritime and Other Legislation Amendment Bill 2006
`105ZOB State not liable for loss relating to local government 1
tollway etc. 2
`(1) The State is not liable for any loss suffered by a local 3
government or another person arising out of any matter 4
relating to an approved tollway project or local government 5
tollway. 6
`(2) Without limiting subsection (1), the State is not liable for any 7
loss suffered by a local government or another person arising 8
out of the following-- 9
(a) the approval of a tollway project, including any 10
conditions to which the approval is subject, or any 11
amendment or revocation of the approval; 12
(b) the declaration of a local government tollway; 13
(c) the construction, maintenance or operation of a local 14
government tollway; 15
(d) the declaration of land to be local government tollway 16
corridor land; 17
(e) any condition imposed on a declaration or any 18
amendment of a condition; 19
(f) a decision by the Minister to issue a compliance notice, 20
suspension notice, revocation notice, final notice, 21
schedule 5 step-in notice or schedule 5A step-in notice; 22
(g) anything done under a schedule 5 step-in notice or 23
schedule 5A step-in notice.'. 24
Clause 129 Amendment of s 249 (Railways on particular roads) 25
(1) Section 249(6), definitions relevant person and relevant 26
road-- 27
omit. 28
(2) Section 249(6)-- 29
insert-- 30
`relevant person means-- 31
(a) for a State-controlled road--the chief executive for 32
chapter 6; or 33
s 130 127 s 130
Maritime and Other Legislation Amendment Bill 2006
(b) for a franchised road--the franchisee; or 1
(c) for State toll road corridor land-- 2
(i) the chief executive for chapter 6; or 3
(ii) if the State toll road corridor land has been 4
leased--the person to whom the land has been 5
leased; or 6
(d) for local government tollway corridor land-- 7
(i) the local government; or 8
(ii) if the local government tollway corridor land has 9
been leased--the person to whom the land has 10
been leased. 11
relevant road means-- 12
(a) a State-controlled road; or 13
(b) a franchised road; or 14
(c) State toll road corridor land; or 15
(d) local government tollway corridor land.'. 16
Clause 130 Amendment of s 275 (Functions of port authorities) 17
Section 275(1)(f)-- 18
omit insert-- 19
`(f) without limiting any other paragraph of this subsection, 20
in relation to strategic port land of the following port 21
authorities-- 22
(i) the Cairns Port Authority--to provide or arrange 23
for the development and use of its strategic port 24
land for residential and tourist accommodation; 25
(ii) the Port of Brisbane Corporation--to provide or 26
arrange for the development and use of its strategic 27
port land-- 28
(A) at Eagle Farm and Hamilton, for residential 29
accommodation, community infrastructure 30
and ancillary services; and 31
s 131 128 s 133
Maritime and Other Legislation Amendment Bill 2006
(B) at Fisherman Islands, for local commercial 1
activities; 2
(iii) the Cairns Port Authority and Port of Brisbane 3
Corporation--to plan or carry out works in relation 4
to the development and use of strategic port land 5
under subparagraphs (i) and (ii); and'. 6
Clause 131 Amendment of s 285 (Land use plans) 7
Section 285(1)(c)(vi)-- 8
omit, insert-- 9
`(vi) for a purpose mentioned in section 275(1)(f); or'. 10
Clause 132 Amendment of sch 5 (Matters for notice for toll road or 11
local government tollway) 12
Schedule 5, heading and authorising section-- 13
omit, insert-- 14
`Schedule 5 Tolling matters for toll road or 15
local government tollway 16
sections 93, 105GA and 105GB'. 17
Clause 133 Insertion of new sch 5A 18
After schedule 5-- 19
insert-- 20
`Schedule 5A Other matters for conditions for 21
local government tollways 22
sections 105GA and 105GB 23
1 traffic management by the local government 24
s 134 129 s 135
Maritime and Other Legislation Amendment Bill 2006
2 management by the local government of the impact of the 1
local government tollway on the road network 2
3 reports from local government about the local government 3
tollway'. 4
Clause 134 Amendment of sch 6 (Dictionary) 5
Schedule 6-- 6
insert-- 7
`compliance notice, for chapter 6, part 8, see section 105B. 8
declaration, for chapter 6, part 8, see section 105B. 9
final notice, for chapter 6, part 8, see section 105B. 10
local government franchisee, for chapter 6, part 8, see section 11
105B. 12
matter, for chapter 6, part 8, see section 105B. 13
relevant notice, for chapter 6, part 8, see section 105B. 14
revocation notice, for chapter 6, part 8, see section 105B. 15
schedule 5 step-in notice, for chapter 6, part 8, see section 16
105B. 17
schedule 5A step-in notice, for chapter 6, part 8, see section 18
105B. 19
suspension notice, for chapter 6, part 8, see section 105B.'. 20
Division 2 Amendment of Transport 21
Operations (Passenger Transport) 22
Act 1994 23
Clause 135 Act amended in div 2 24
This division amends the Transport Operations (Passenger 25
Transport) Act 1994. 26
s 136 130 s 138
Maritime and Other Legislation Amendment Bill 2006
Clause 136 Insertion of new s 83A 1
After section 83-- 2
insert-- 3
`83A Requirement for limousine service licence for 4
stretched passenger car 5
`A person must not provide a public passenger service, other 6
than a community transport service or a courtesy transport 7
service, in a stretched passenger car unless the person holds a 8
limousine service licence. 9
Maximum penalty--160 penalty units.'. 10
Clause 137 Insertion of new s 145 11
After section 144-- 12
insert-- 13
`145 Chief executive may declare particular motor 14
vehicles 15
`(1) The chief executive may, by gazette notice, declare a vehicle 16
to be-- 17
(a) a forward-control passenger vehicle; or 18
(b) a luxury motor vehicle. 19
`(2) A declaration under subsection (1)-- 20
(a) starts on the day the gazette notice is published; and 21
(b) ends on the day that is 6 months later.'. 22
Clause 138 Insertion of new ch 13, pt 4 23
After section 178-- 24
insert-- 25
s 139 131 s 139
Maritime and Other Legislation Amendment Bill 2006
`Part 4 Provision for Maritime and 1
Other Legislation Amendment 2
Act 2006 3
`179 Amendment of regulation by Maritime and Other 4
Legislation Amendment Act 2006 does not affect 5
powers of Governor in Council 6
`The amendment of the Transport Operations (Passenger 7
Transport) Regulation 2005 by the Maritime and Other 8
Legislation Amendment Act 2006 does not affect the power of 9
the Governor in Council to further amend the regulation or to 10
repeal it.'. 11
Clause 139 Amendment of sch 3 (Dictionary) 12
(1) Schedule 3, definition luxury motor vehicle-- 13
omit. 14
(2) Schedule 3-- 15
insert-- 16
`forward-control passenger vehicle-- 17
(a) means a passenger vehicle, other than an off-road 18
passenger vehicle, having up to 9 seating positions, 19
including the driver's position, and in which the centre 20
of the steering wheel is in the forward quarter of the 21
vehicle's total length; and 22
(b) includes-- 23
(i) a vehicle prescribed under a regulation to be a 24
forward-control passenger vehicle; or 25
(ii) a vehicle declared by the chief executive under 26
section 145 to be a forward-control passenger 27
vehicle. 28
29
Note--
30
The reference to the number of seating positions allows for a consistent
31
definition for the Act and subordinate legislation.
luxury motor vehicle means-- 32
s 139 132 s 139
Maritime and Other Legislation Amendment Bill 2006
(a) a vehicle declared under a regulation to be a luxury 1
motor vehicle; or 2
(b) a vehicle declared by the chief executive under section 3
145 to be a luxury motor vehicle. 4
motor vehicle has the meaning given by the Transport 5
Operations (Road Use Management) Act 1995. 6
off-road passenger vehicle means a passenger vehicle that has 7
up to 9 seating positions, including the driver's position, 8
designed with special features for off-road operation as 9
defined by the Australian Design Rules. 10
11
Note--
12
The reference to the number of seating positions allows for a consistent
13
definition for the Act and subordinate legislation.
passenger car means a passenger vehicle, other than an 14
off-road passenger vehicle or a forward-control passenger 15
vehicle, having up to 9 seating positions, including the 16
driver's position. 17
passenger vehicle means a motor vehicle constructed 18
primarily for the carriage of persons and having at least 4 19
wheels. 20
stretched, in relation to a passenger vehicle, means the 21
passenger vehicle has been modified by adding an extra 22
section to the body to increase the overall length of the 23
passenger vehicle. 24
stretched passenger car means a passenger vehicle that-- 25
(a) has been modified by being stretched; and 26
(b) has more than 9 seating positions, including the driver's 27
position; and 28
(c) was a passenger car before it was modified.'. 29
(3) Schedule 3, definition disqualifying offence, before paragraph 30
(a)-- 31
insert-- 32
`(aa) an offence against this Act, whether the act relating to 33
the offence was or is committed before or after the 34
commencement of this paragraph; or'. 35
s 140 133 s 141
Maritime and Other Legislation Amendment Bill 2006
(4) Schedule 3, definition disqualifying offence, paragraph (e), `or 1
(d)'-- 2
omit, insert-- 3
`, (d) or (e)'. 4
(5) Schedule 3, definition disqualifying offence, paragraphs (aa) 5
to (e)-- 6
renumber as paragraphs (a) to (f). 7
Division 3 Amendment of Transport 8
Operations (Road Use Management) 9
Act 1995 10
Clause 140 Act amended in div 3 11
This division amends the Transport Operations (Road Use 12
Management) Act 1995. 13
Clause 141 Amendment of s 78 (Driving of motor vehicle without a 14
driver licence prohibited) 15
Section 78(3)-- 16
insert-- 17
`(i) if the person committed the offence while, under section 18
79B-- 19
(i) the person's Queensland driver licence was 20
suspended; or 21
(ii) the person's authority to drive on a Queensland 22
road under a non-Queensland driver licence was 23
suspended; or 24
(iii) the person was disqualified from holding or 25
obtaining a Queensland driver licence; 26
for a period, of at least 2 years but not more than 5 years, 27
decided by the court.'. 28
s 142 134 s 142
Maritime and Other Legislation Amendment Bill 2006
Clause 142 Insertion of new s 79AA 1
After section 79-- 2
insert-- 3
`79AA Provisions applying to supervisor of a learner 4
`(1) This section applies to a person who is the supervisor of a 5
learner while the learner is driving a motor vehicle under the 6
direction of the supervisor. 7
`(2) The supervisor is in charge of the motor vehicle for the 8
purposes of-- 9
(a) the relevant provisions; and 10
(b) other provisions of this Act applying in relation to any 11
charge, proceedings, conviction or sentence for an 12
offence against a relevant provision. 13
14
Example for subsection (2)(a)--
15
1 If a learner is driving a car under the direction of a
16
supervisor, the supervisor is in charge of the car and must
17
not be over the general alcohol limit.
18
2 If a learner is driving a truck or bus under the direction of a
19
supervisor, the supervisor of the learner is in charge of the
20
truck or bus and must not be over the no alcohol limit.
`(3) Subsection (2) has no effect on the application of the relevant 21
provisions, or any other provisions of this Act, to the learner. 22
`(4) In this section-- 23
learner means-- 24
(a) the holder of a licence that, under a regulation, 25
authorises the holder to learn to drive a motor vehicle; or 26
(b) the holder of a licence granted outside Queensland that 27
corresponds to a licence mentioned in paragraph (a). 28
relevant provisions means sections 79 and 80. 29
supervisor, of a learner-- 30
(a) means a person who-- 31
(i) under a regulation, is a person with whom a learner 32
is authorised to drive under direction; or 33
s 143 135 s 143
Maritime and Other Legislation Amendment Bill 2006
(ii) purports to be a person mentioned in subparagraph 1
(i); but 2
(b) does not include a person accredited as a driver trainer 3
under a regulation while the person is acting in the 4
person's professional capacity as a driver trainer.'. 5
Clause 143 Insertion of new ss 79B79D 6
After section 79A-- 7
insert-- 8
`79B Immediate suspension or disqualification 9
`(1) This section applies if a person is-- 10
(a) charged under section 79(1) with driving a motor 11
vehicle whilst under the influence of liquor and, when 12
the person is charged, the person is given an analysis 13
certificate in relation to the offence indicating the person 14
was over the high alcohol limit; or 15
(b) charged under section 80(11) with failing to provide a 16
specimen of the person's breath for analysis or a 17
specimen of the person's blood for a laboratory test; or 18
(c) charged under section 79(2), (2A), (2B) or (2J) with an 19
offence committed after having been charged, after the 20
commencement of this paragraph, with another offence 21
under section 79(2), (2A), (2B) or (2J) and the earlier 22
charge has not been dealt with by a court, or withdrawn 23
or otherwise discontinued; or 24
(d) charged under the Criminal Code, section 328A(1) or 25
(4) with the dangerous operation of a motor vehicle, 26
when accompanied by a circumstance of aggravation 27
that-- 28
(i) at the time of committing the offence the person 29
was adversely affected by an intoxicating 30
substance that is alcohol; and 31
(ii) the person was, at the time, over the high alcohol 32
limit. 33
`(2) If the person holds a Queensland driver licence, the person's 34
Queensland driver licence is suspended. 35
s 143 136 s 143
Maritime and Other Legislation Amendment Bill 2006
`(3) If the person's authority to drive on a Queensland road is 1
under a non-Queensland driver licence, the person's authority 2
under the licence to drive on a Queensland road is suspended. 3
`(4) If the person does not hold a driver licence, the person is 4
disqualified from obtaining or holding a Queensland driver 5
licence. 6
`(5) The suspension or disqualification under subsection (2), (3) or 7
(4)-- 8
(a) starts when the person is charged; and 9
(b) ends when the charge is dealt with by a court or is 10
withdrawn or otherwise discontinued. 11
`(6) If a person's driver licence is suspended under this section 12
and, at the time the driver licence is suspended, section 13
80(22AA) also applies to the person, the suspension of the 14
driver licence under section 80(22AA) is superseded by the 15
suspension under this section. 16
`(7) In this section-- 17
analysis certificate means-- 18
(a) a certificate mentioned in section 80(15) stating the 19
concentration of alcohol indicated by an analysis of a 20
person's breath to be present in the blood or breath of 21
the person; or 22
(b) a certificate mentioned in section 80(16B) stating the 23
concentration of alcohol in a person's blood indicated by 24
a laboratory test of a specimen of the person's blood. 25
`79C When person is charged for s 79B 26
`(1) This section applies if a proceeding for an offence as 27
mentioned in section 79B(1) is started against a person by 28
notice to appear, arrest or on complaint and summons. 29
`(2) If the proceeding is started by notice to appear, the person is, 30
for section 79B, taken to be charged with the offence when the 31
notice to appear is issued and served on the person. 32
`(3) If the proceeding is started by arrest, the person is, for section 33
79B, taken to have been charged with the offence when the 34
person is arrested. 35
s 144 137 s 144
Maritime and Other Legislation Amendment Bill 2006
`(4) If the proceeding is started by complaint and summons, the 1
person is, for section 79B, taken to have been charged with the 2
offence when the complaint and summons is issued and 3
served on the person. 4
`(5) In this section-- 5
notice to appear has the meaning given by the Police Powers 6
and Responsibilities Act 2000. 7
`79D Notice to be given of suspension or disqualification 8
`(1) This section applies if, under section 79B-- 9
(a) a person's Queensland driver licence, or authority to 10
drive on a Queensland road under a non-Queensland 11
driver licence, is suspended; or 12
(b) a person is disqualified from obtaining or holding a 13
Queensland driver licence. 14
`(2) As soon as practicable after the person is charged with the 15
offence to which the suspension or disqualification relates-- 16
(a) a police officer must give the person a notice about the 17
suspension or disqualification, in the approved form, for 18
the person's information; and 19
(b) the commissioner must give the chief executive notice 20
about the details of the suspension or disqualification. 21
`(3) Failure by a police officer or the commissioner to give notice 22
under subsection (2)(a) or (b) about the suspension or 23
disqualification does not invalidate the suspension or 24
disqualification, or affect anything done in relation to the 25
suspension or disqualification unless, in relation to a notice 26
under subsection (2)(a), the police officer has no reasonable 27
excuse for failing to give the notice.'. 28
Clause 144 Amendment of s 86 (Disqualification of drivers of motor 29
vehicles for certain offences) 30
Section 86-- 31
insert-- 32
s 145 138 s 145
Maritime and Other Legislation Amendment Bill 2006
`(7) In deciding a period of disqualification for a person whose 1
licence is suspended, or who is disqualified from obtaining or 2
holding a licence, under section 79B, the court may take into 3
account the period of suspension or disqualification that has 4
already been served under that section.'. 5
Clause 145 Insertion of new s 150AB 6
Chapter 5, part 10-- 7
insert-- 8
`150AB Regulation about particular suspensions 9
`(1) A regulation must provide that a court may make orders 10
authorising persons whose Queensland driver licences have 11
been suspended under section 79B(2), because the persons 12
have been charged as mentioned in section 79B(1)(a), (b) or 13
(d), to continue to drive motor vehicles under the licences in 14
stated circumstances. 15
`(2) Without limiting subsection (1), the regulation may provide 16
for-- 17
(a) the circumstances in which applications for the orders 18
may or may not be made; and 19
(b) how and when applications for the orders are to be 20
made; and 21
(c) the criteria to be used in deciding applications for the 22
orders; and 23
(d) the type of conditions that may be included in the 24
orders; and 25
(e) the periods for which the orders are effective; and 26
(f) variation of the orders; and 27
(g) the consequences for failing to comply with the orders, 28
including, for example, the creation of offences and the 29
disqualification of persons from holding or obtaining 30
driver licences. 31
`(3) This section does not limit section 150(1)(c).'. 32
s 146 139 s 148
Maritime and Other Legislation Amendment Bill 2006
Clause 146 Insertion of new ch 7, pt 8 1
After section 203-- 2
insert-- 3
`Part 8 Transitional provision for 4
Maritime and Other Legislation 5
Amendment Act 2006 6
`204 Transitional provision for ss 79B79D 7
`(1) This section applies if, after the commencement of this 8
section-- 9
(a) a person is charged with an offence as mentioned in 10
section 79B(1); and 11
(b) the act constituting the offence happened before the 12
commencement. 13
`(2) To remove any doubt, it is declared that sections 79B to 79D 14
do not apply to the person in relation to the charge.'. 15
Division 4 Amendment of Transport Planning 16
and Coordination Act 1994 17
Clause 147 Act amended in div 4 18
This division amends the Transport Planning and 19
Coordination Act 1994. 20
Clause 148 Amendment of s 28D (Powers regarding property) 21
(1) Section 28D(1), from `for an approved'-- 22
omit, insert-- 23
`for-- 24
(a) an approved tollway project under the Transport 25
Infrastructure Act 1994; or 26
(b) a local government tollway under the Transport 27
Infrastructure Act 1994.'. 28
s 149 140 s 150
Maritime and Other Legislation Amendment Bill 2006
(2) Section 28D(2)(a) and (b), after `approved tollway project'-- 1
insert-- 2
`or local government tollway'. 3
(3) Section 28D(3), after `approval tollway project'-- 4
insert-- 5
`or local government tollway,'. 6
Clause 149 Insertion of new s 28DA 7
Part 4B-- 8
insert-- 9
`28DA Approved tollway project becomes local government 10
tollway 11
`(1) This section applies if-- 12
(a) a local government has started acquiring land for an 13
approved tollway project as mentioned in section 28D; 14
and 15
(b) before the acquisition is complete, a local government 16
tollway is declared for the approved tollway project. 17
`(2) The acquisition is not affected by the declaration of the local 18
government tollway and the local government may continue 19
the acquisition as if the declaration had not been made.'. 20
Division 5 Other minor amendments of 21
legislation 22
Clause 150 Other minor amendments 23
(1) Schedule 1 amends the legislation it mentions. 24
(2) Schedule 2 amends the waterway transport management plans 25
it mentions. 26
141
Maritime and Other Legislation Amendment Bill 2006
Schedule 1 Other minor amendments of 1
legislation 2
section 150(1) 3
Off-shore Facilities Act 1986 4
1 Section 6, `Marine Safety'-- 5
omit, insert-- 6
`Transport Operations (Marine Safety)'. 7
Transport Infrastructure Act 1994 8
1 Section 105ZC(5)(b), `section 105ZB(4)'-- 9
omit, insert-- 10
`section 105ZB(1)'. 11
2 After section 544-- 12
insert-- 13
`Part 8 Transitional provision for 14
Maritime and Other Legislation 15
Amendment Act 2006 16
`545 Making and approval of waterway transport management 17
plan 18
`The amendment of a waterway transport management plan 19
mentioned in the Maritime and Other Legislation Amendment 20
Act 2006, schedule 2 does not affect the power of-- 21
(a) the Minister to further amend or to repeal the plan; or 22
142
Maritime and Other Legislation Amendment Bill 2006
Schedule 1 (continued)
(b) the Governor in Council to approve the making of an 1
amendment or repeal of the plan.'. 2
Transport Operations (Passenger Transport) 3
Regulation 2005 4
1 Section 105, heading, after `luxury motor vehicle'-- 5
insert-- 6
`, paragraph (a)'. 7
2 Part 11-- 8
insert-- 9
`135A Forward-control passenger vehicle--Act, sch 3, def 10
forward-control passenger vehicle 11
`A forward-control passenger vehicle includes a Chrysler 12
Voyager, Honda Odyssey, Kia Carnival, Mazda MPV, 13
Mitsubishi Nimbus, Mitsubishi Starwagon and Toyota 14
Tarago.'. 15
3 Section 156-- 16
omit. 17
4 Schedule 11, definitions forward-control passenger 18
vehicle, motor vehicle, off-road passenger vehicle, 19
passenger car and passenger vehicle-- 20
omit. 21
143
Maritime and Other Legislation Amendment Bill 2006
Schedule 1 (continued)
Transport Planning and Coordination Act 1994 1
1 Section 29(2)-- 2
omit. 3
2 Section 37, before `power'-- 4
insert-- 5
`function or'. 6
144
Maritime and Other Legislation Amendment Bill 2006
Schedule 2 Amendment of waterway 1
transport management plans 2
under the Transport 3
Infrastructure Act 1994 4
section 150(2) 5
Transport Infrastructure (Gold Coast Waterways) 6
Management Plan 2000 7
1 Section 12(1)-- 8
omit, insert-- 9
`(1) This section applies to an area for which a consent for an 10
aquatic event under the Transport Operations (Marine Safety) 11
Regulation 2004, section 218 has been issued if the consent 12
operates for no more than 48 hours.'. 13
2 Section 35(1)(b), example, from `an authority'-- 14
omit, insert-- 15
16
`a consent under the Transport Operations (Marine Safety) Regulation 2004,
17
section 218.'.
3 Schedule 6, definition authorised buoy mooring-- 18
omit, insert-- 19
`authorised buoy mooring means a buoy mooring established 20
under an approval under the Transport Operations (Marine 21
Safety) Regulation 2004, section 209.'. 22
145
Maritime and Other Legislation Amendment Bill 2006
Schedule 2 (continued)
Transport Infrastructure (Sunshine Coast Waterways) 1
Management Plan 2000 2
1 Section 14(1), from `an authority' to `states'-- 3
omit, insert-- 4
`a consent to hold an aquatic event under the Transport Operations 5
(Marine Safety) Regulation 2004, section 218 states'. 6
2 Section 17, from `under the' to `that'-- 7
omit, insert-- 8
`under the Transport Operations (Marine Safety) Regulation 2004, 9
section 221(4) that'. 10
3 Section 39(1)(b), example, from `an authority'-- 11
omit, insert-- 12
13
`a consent under the Transport Operations (Marine Safety) Regulation 2004,
14
section 218.'.
4 Schedule 4, section 5(1), from `under the' to `that'-- 15
omit, insert-- 16
`under the Transport Operations (Marine Safety) Regulation 2004, 17
section 221(4) that'. 18
5 Schedule 5, definition authorised buoy mooring-- 19
omit, insert-- 20
`authorised buoy mooring means a buoy mooring established 21
under an approval under the Transport Operations (Marine 22
Safety) Regulation 2004, section 209.'. 23
146
Maritime and Other Legislation Amendment Bill 2006
Schedule 2 (continued)
Transport Infrastructure (Yeppoon Waterways) 1
Management Plan 2000 2
1 Section 18(1)(b), example, from `an authority'-- 3
omit, insert-- 4
5
`a consent under the Transport Operations (Marine Safety) Regulation 2004,
6
section 218.'.
© State of Queensland 2006
AMENDMENTS TO BILL
1
Maritime and Other Legislation Amendment Bill 2006
Maritime and Other Legislation
Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 92--
At page 88, lines 15 to 17--
omit, insert--
`about a standard.'.
2 After clause 143--
At page 137, after line 28--
insert--
`143A Amendment of s 80 (Provisions with respect to breath
tests and laboratory tests)
(1) Section 80(22A), `subsection (22)'--
omit, insert--
`subsection (22AA)'.
(2) Section 80(22C) and (22D), `pursuant to subsection (22)'--
omit, insert--
`under subsection (22AA)'.'.
3 After clause 144--
At page 138, after line 5--
insert--
`144A Insertion of new ss 90A90D
After section 90--
insert--
`90A Definitions for ss 90B90D
In sections 90B to 90D--
2
Maritime and Other Legislation Amendment Bill 2006
dangerous driving offence means an offence against the
Criminal Code, section 328A(1) or (4) if the offence is
accompanied by a circumstance of aggravation that, at the
time of committing the offence, the person charged with the
offence was adversely affected by an intoxicating substance
that is alcohol.
designated offence means--
(a) an offence against--
(i) section 79(1) or (2), to the extent it involves a
motor vehicle; or
(ii) section 79(2A), (2B) or (2J); or
(iii) section 80(11); or
(b) a dangerous driving offence.
disqualified means disqualified from holding or obtaining a
Queensland driver licence.
Note--
See section 127(4) which provides for the effect of a suspension under
this Act of any licence.
drink driving offence means--
(a) an offence against--
(i) section 78(1); or
(ii) section 79(1) or (2), to the extent it involves a
motor vehicle; or
(iii) section 79(2A), (2B) or (2J); or
(iv) section 80(11); or
(v) section 87(10); or
(vi) a provision of a regulation under section 150AB
for failing to comply with an order under that
regulation; or
(b) a dangerous driving offence.
relevant disqualifying provision means--
(a) section 78(3)(i); or
(b) section 81; or
3
Maritime and Other Legislation Amendment Bill 2006
(c) section 86; or
(d) section 87(10A)(b); or
(e) a provision of a regulation under section 150AB
providing for the disqualification of a person for failing
to comply with an order made under the regulation; or
(f) the Penalties and Sentences Act 1992, section 187.
section 89 disqualification means a disqualification ordered
by a court under section 89 as a result of being charged with,
but not convicted of, a dangerous driving offence.
section 90 disqualification means a disqualification ordered
by a court under section 90 as a result of being charged with,
but not convicted of, a dangerous driving offence or an
offence against section 79.
`90B Cumulative periods of disqualification for offences
committed at different times
`(1) This section applies if--
(a) a person is disqualified (the initiating
disqualification)--
(i) under a relevant disqualifying provision for a drink
driving offence; or
(ii) under a section 89 disqualification; or
(iii) under a section 90 disqualification; and
(b) before the period of disqualification for the initiating
disqualification ends, the person is disqualified again on
1 or more occasions (a later disqualification) as
mentioned in paragraph (a).
`(2) However, this section does not apply if section 90C applies.
`(3) Each period of disqualification whether for an initiating
disqualification or later disqualification takes effect
cumulatively with each other period of disqualification.
Examples--
1 D is charged with a drink driving offence. Before the court hears
that charge D is charged again with a drink driving offence. The
court convicts D of both offences and disqualifies D for a period of
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Maritime and Other Legislation Amendment Bill 2006
2 months for 1 offence and a period of 4 months for the other
offence. The total period of disqualification is 6 months.
2 D commits a drink driving offence on 25 December 2008 and
commits another drink driving offence on 1 January 2009. A court
convicts D of the 1 January offence on 2 January 2009 and
disqualifies D for a period of 2 months. On 1 February, the court
convicts D of the 25 December offence and disqualifies D for a
period of 4 months. The total period of disqualification is 6 months.
`90C Cumulative periods of disqualification for acts done and
offences committed at same time
`(1) This section applies if--
(a) a person does an act that results in the person being
charged with a designated offence and, when the person
does the act, the person commits an offence against
section 78(1); and
(b) as a result of being charged with the designated offence,
the person is disqualified (the drink driving
disqualification)--
(i) under section 81 or 86 or the Penalties and
Sentences Act 1992, section 187; or
(ii) under a section 89 disqualification; or
(iii) under a section 90 disqualification; and
(c) as a result of committing the offence against section
78(1), the person is disqualified (the unlicensed driving
disqualification) under section 78(3)(a) to (h) or the
Penalties and Sentences Act 1992, section 187.
`(2) Subsection (3) applies if, when the person does the act that
results in the person being charged with the designated
offence, the person does not hold a driver licence authorising
the person to drive the motor vehicle on the road but is not
disqualified--
(a) under a relevant disqualifying provision for a drink
driving offence; or
(b) under a section 89 disqualification; or
(c) under a section 90 disqualification.
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Maritime and Other Legislation Amendment Bill 2006
`(3) The periods of disqualification for the drink driving
disqualification and the unlicensed driving disqualification
take effect cumulatively with each other.
`(4) Subsection (5) applies if, when the person does the act that
results in the person being charged with the designated
offence, the person does not hold a licence because the person
is disqualified (the existing disqualification)--
(a) under a relevant disqualifying provision for a drink
driving offence; or
(b) under a section 89 disqualification; or
(c) under a section 90 disqualification.
`(5) Each period of disqualification, whether for a drink driving
disqualification, an unlicensed driving disqualification or an
existing disqualification, takes effect cumulatively with each
other period of disqualification.
`90D Other matters about cumulative periods of
disqualification
`(1) For sections 90B and 90C, the following is immaterial to the
cumulative effect of disqualifications--
(a) whether the periods of disqualification are imposed or
ordered at the same hearing;
(b) whether an offence or charge that resulted in a period of
disqualification (or the conviction or sentence for the
offence or charge) happened before or after another
offence or charge (or the conviction or sentence for the
other offence or charge) that resulted in a period of
disqualification;
(c) the order in which the periods of disqualification are
imposed or ordered.
`(2) Also, for sections 90B and 90C, periods of disqualification
mentioned in the sections take effect cumulatively with other
periods of disqualification mentioned in the sections in the
order in which they are imposed or ordered.'.'.
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Maritime and Other Legislation Amendment Bill 2006
4 Clause 146--
At page 139, line 4, `provision'--
insert--
`provisions'.
5 Clause 146--
At page 139, line 15, `charge.'.'--
omit, insert--
`charge.
`205 Transitional provision for ss 90A90D
`Sections 90A to 90D apply only in relation to an act
happening after the commencement of this section that results
in a person being charged with an offence.
Examples--
1 Before the commencement of this section, D is disqualified for an
offence under section 79(1). After the commencement and while
still disqualified, D drives a motor vehicle while under the influence
of liquor, is charged with an offence against section 79(1) and is
convicted and again disqualified. Section 90B(3) does not apply to
D in relation to the disqualifications.
2 D commits an offence against section 79(2A) before the
commencement of this section. After the commencement, a court
convicts D of the offence and disqualifies him from holding or
obtaining a driver licence for 4 months. While disqualified D
commits a further offence against section 79(2A) and is again
disqualified. Section 90B(3) does not apply to D in relation to the
disqualifications.
3 Before the commencement of this section, D does an act that results
in D being disqualified. After the commencement and while still
disqualified, D does an act that results in D committing offences
against sections 78(1) and 79(1). A period of disqualification is
imposed for each offence. The periods of disqualification are
cumulative with each other but take effect concurrently with the
period of disqualification that took effect before the
commencement of this section.'.'.
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