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Queensland
MARITIME SAFETY
QUEENSLAND BILL 2002
Queensland
MARITIME SAFETY QUEENSLAND
BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--MARITIME SAFETY AGENCY OF QUEENSLAND
Division 1--Establishment, functions and powers of MSQ
7 Establishment of MSQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Functions and powers of MSQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Chief executive's responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--The general manager
10 Appointment of general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Functions and powers of general manager . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Employees
12 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--FINANCIAL PROVISIONS
13 Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 4--MISCELLANEOUS PROVISIONS
14 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 5--TRANSITIONAL PROVISIONS
15 Pilotage service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Maritime Safety Queensland Bill 2002
PART 6--CONSEQUENTIAL AMENDMENTS
16 Acts amended in sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 12
CONSEQUENTIAL AMENDMENTS
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 12
TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 . . . . . 12
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994. . . . . . . . . 18
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 29
DICTIONARY
2002
A BILL
FOR
An Act to provide for the establishment of the Maritime Safety Agency
of Queensland, and for other purposes
s1 4 s5
Maritime Safety Queensland Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Maritime Safety Queensland Act 2002. 4
2 Commencement 5
(1) Schedule 1, part 2 commences on a day to be fixed by proclamation. 6
(2) The remaining provisions of this Act commence on 1 July 2002. 7
3 Dictionary 8
The dictionary in schedule 2 defines particular words used in this Act. 9
4 Purpose of Act 10
The purpose of this Act is to create an entity, the Maritime Safety 11
Agency of Queensland, to provide professional, specialist advice to, and 12
undertake particular functions of, the chief executive in relation to marine 13
safety and ship-sourced pollution. 14
5 Application of Act 15
This Act does not limit the application of the following Acts-- 16
(a) Transport Infrastructure Act 1994; 17
(b) Transport Operations (Marine Pollution) Act 1995; 18
(c) Transport Operations (Marine Safety) Act 1994; 19
(d) Transport Planning and Coordination Act 1994. 20
s6 5 s8
Maritime Safety Queensland Bill 2002
6 Act binds all persons 1
This Act binds all persons, including the State, and, so far as the 2
legislative power of the Parliament permits, the Commonwealth and the 3
other States. 4
PART 2--MARITIME SAFETY AGENCY OF 5
QUEENSLAND 6
Division 1--Establishment, functions and powers of MSQ 7
7 Establishment of MSQ 8
(1) The Maritime Safety Agency of Queensland ("MSQ") is established. 9
(2) MSQ consists of-- 10
(a) the general manager; and 11
(b) employees employed under section 12;1 and 12
(c) other employees employed under the Public Service Act 1996. 13
8 Functions and powers of MSQ 14
(1) MSQ has the following functions-- 15
(a) for the Transport Operations (Marine Safety) Act 1994-- 16
(i) to develop strategies for marine safety, including on advice 17
received from the Marine Board established under that Act; 18
and 19
20
Example--
21
Education campaign for the safe use of recreational ships.
(ii) to make standards for designing, building and operating 22
commercial ships for approval by the Governor in Council, 23
and to monitor and audit the implementation of the 24
standards; and 25
1 Section 12 (Employees)
s9 6 s9
Maritime Safety Queensland Bill 2002
(iii) to accredit ship designers, ship builders or marine 1
surveyors; and 2
(iv) to accredit an entity to conduct training programs in the 3
operation of ships; and 4
(v) to licence masters, other than recreational masters, crew 5
members and pilots; and 6
(vi) to set up and maintain aids to navigation; and 7
(vii) to handle the investigation process into marine incidents; 8
and 9
(viii)to monitor and manage the movement of ships in 10
Queensland waters; 11
(b) for the Transport Operations (Marine Pollution) Act 1995-- 12
(i) to develop strategies to prevent the deliberate, negligent or 13
accidental discharge of ship-sourced pollutants into coastal 14
waters; and 15
(ii) to deal with the discharge of ship-sourced pollutants into 16
coastal waters; 17
(c) to provide, or arrange for the provision of, maritime services 18
including pilotage services; 19
(d) any other function conferred on MSQ under this or another Act. 20
(2) MSQ has power to do anything necessary or convenient to be done 21
for the performance of MSQ's functions. 22
9 Chief executive's responsibility 23
(1) The chief executive is responsible for the way MSQ performs its 24
functions. 25
(2) Without limiting subsection (1), the chief executive is responsible 26
for-- 27
(a) deciding the objectives, strategies and policies to be followed by 28
MSQ; and 29
(b) ensuring MSQ performs its functions in an appropriate, effective 30
and efficient way. 31
32
Example--
33
The chief executive could establish performance measures for MSQ.
s 10 7 s 11
Maritime Safety Queensland Bill 2002
(3) This section does not affect the chief executive's responsibilities for 1
the department under another Act. 2
Division 2--The general manager 3
10 Appointment of general manager 4
(1) The Governor in Council appoints the general manager for MSQ. 5
(2) The general manager is to be employed under the Public Service Act 6
1996. 7
11 Functions and powers of general manager 8
(1) The general manager must, in accordance with the objectives, 9
strategies and policies decided by the chief executive, manage MSQ's 10
operations. 11
(2) Without limiting subsection (1), the general manager must-- 12
(a) advise the chief executive in relation to employment conditions 13
of employees employed under section 12; and 14
(b) direct employees employed under section 12 in the performance 15
of the employees' duties; and 16
(c) prepare a strategic plan incorporating performance targets 17
approved by the chief executive. 18
(3) The general manager has power to do anything necessary or 19
convenient to be done for the performance of the general manager's 20
functions. 21
(4) In exercising a power, the general manager is accountable to the 22
chief executive under the Public Service Act 1996. 23
(5) The general manager may delegate a power of the general manager 24
under this or another Act to-- 25
(a) an employee of MSQ; or 26
(b) an authorised officer under the Transport Operations (Marine 27
Pollution) Act 1995; or 28
(c) a shipping inspector under the Transport Operations (Marine 29
Safety) Act 1994. 30
s 12 8 s 13
Maritime Safety Queensland Bill 2002
Division 3--Employees 1
12 Employees 2
(1) The chief executive may employ-- 3
(a) marine pilots; and 4
(b) the other employees the chief executive considers necessary to 5
perform MSQ's functions. 6
(2) However, the chief executive must not employ an individual as a 7
marine pilot unless satisfied the individual has the necessary expertise or 8
experience, prescribed under a regulation, to be a marine pilot. 9
(3) Subject to any relevant industrial instrument, the chief executive may 10
decide the employment conditions of employees employed under this 11
section. 12
(4) The Public Service Act 1996 does not apply to the employment of 13
employees employed under this section. 14
(5) In this section-- 15
"employment conditions" includes conditions about the length of the 16
employment and ending the employment. 17
PART 3--FINANCIAL PROVISIONS 18
13 Fund 19
(1) The Maritime Safety Queensland Fund is established. 20
(2) Accounts for the fund must be kept as part of the departmental 21
accounts of the department. 22
(3) Amounts received for the fund must be deposited in a departmental 23
financial-institution account of the department but may be deposited in an 24
account used for depositing other amounts of the department. 25
(4) Amounts received for the fund include the following received by the 26
department-- 27
(a) amounts received for pilotage fees and conservancy dues under 28
the Transport Operations (Marine Safety) Act 1994; 29
s 14 9 s 15
Maritime Safety Queensland Bill 2002
(b) amounts received by the department from other sources for the 1
fund or amounts that must be paid into the fund; 2
(c) amounts received for the disposal of an asset that the chief 3
executive considers was purchased substantially with amounts 4
paid from the fund; 5
(d) interest from investment of the fund. 6
(5) An amount is payable from the fund for the purposes of this Act. 7
(6) The Financial Administration and Audit Act 1977 applies to the fund. 8
(7) In this section-- 9
"departmental accounts" of the department means the accounts of the 10
department under the Financial Administration and Audit Act 1977, 11
section 12. 12
"departmental financial-institution account" of the department means 13
an account of the department kept under the Financial Administration 14
and Audit Act 1977, section 18. 15
"other amounts" of the department means amounts received by the 16
department other than amounts received for the fund. 17
PART 4--MISCELLANEOUS PROVISIONS 18
14 Regulation-making power 19
The Governor in Council may make regulations under this Act. 20
PART 5--TRANSITIONAL PROVISIONS 21
15 Pilotage service contracts 22
(1) This section applies to a contract in force immediately before the 23
commencement of this section if the contract was-- 24
(a) a contract for services entered into by the department or a port 25
authority for the supply of a pilotage service; or 26
s 15 10 s 15
Maritime Safety Queensland Bill 2002
(b) a written or oral employment contract entered into by a port 1
authority with an employee engaged to perform a pilotage 2
service. 3
(2) On the commencement-- 4
(a) for a contract for services-- 5
(i) MSQ takes the place of the department or port authority as a 6
party to the contract; and 7
(ii) the contract may be enforced by or against MSQ; and 8
(b) for an employment contract-- 9
(i) the person becomes an employee of MSQ on the same 10
conditions on which the person was employed by the port 11
authority; and 12
(ii) the person keeps all rights and entitlements accrued or 13
accruing to the person as an employee of the port authority. 14
15
Example of rights and entitlements--
16
Long service, recreation and sick leave and rights as a member of a
17
superannuation scheme.
(3) Without limiting subsection (2)(b), if an industrial instrument applies 18
to the person immediately before the commencement, the instrument 19
continues to apply to the person after the commencement. 20
(4) Subsection (3) has effect subject to the Industrial Relations Act 1999. 21
(5) Compensation is not recoverable from the chief executive, the State 22
or anyone else in relation to the transfer from a port authority to MSQ of 23
the rights and obligations under a contract to which this section applies. 24
(6) This section does not apply to a contract, prescribed under a 25
regulation, that provides for the transfer of a pilot onto or off a ship. 26
(7) In this section-- 27
"contract", for a contract that only partly relates to a pilotage service, 28
means that part of the contract that relates to a pilotage service. 29
s 16 11 s 16
Maritime Safety Queensland Bill 2002
PART 6--CONSEQUENTIAL AMENDMENTS 1
16 Acts amended in sch 1 2
Schedule 1 amends the Acts it mentions. 3
12
Maritime Safety Queensland Bill 2002
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 16 3
TRANSPORT INFRASTRUCTURE ACT 1994 4
1 Section 161A(3), definition "port services", paragraphs (d) and 5
(e)-- 6
omit, insert-- 7
`(d) consultancy services about any of the services mentioned in 8
paragraphs (a) to (c).'. 9
TRANSPORT OPERATIONS (MARINE POLLUTION) 10
ACT 1995 11
1 Section 7(2)(a), `chief executive'-- 12
omit, insert-- 13
`general manager'. 14
2 Section 66(1), (2) and (4)(b), `chief executive'-- 15
omit, insert-- 16
`general manager'. 17
3 Section 69, heading, `chief executive'-- 18
omit, insert-- 19
`general manager'. 20
13
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
4 Section 69(a), `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
5 Section 70(2), `chief executive'-- 4
omit, insert-- 5
`general manager'. 6
6 Section 71(1)(c)(i), `chief executive'-- 7
omit, insert-- 8
`general manager'. 9
7 Section 72(1), `chief executive'-- 10
omit, insert-- 11
`general manager'. 12
8 Section 72(1)-- 13
insert-- 14
`(ba)employees of MSQ;'. 15
9 Section 74(3), `chief executive'-- 16
omit, insert-- 17
`general manager'. 18
10 Section 93(4), `chief executive', first mention-- 19
omit, insert-- 20
`general manager'. 21
14
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
11 Section 98(1), (2), (3) and (5), `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
12 Section 98(3), `chief executive's'-- 4
omit, insert-- 5
`general manager's'. 6
13 Section 99(2), `chief executive'-- 7
omit, insert-- 8
`general manager'. 9
14 Section 100(1), `chief executive'-- 10
omit, insert-- 11
`general manager'. 12
15 Section 100(2), `chief executive's'-- 13
omit, insert-- 14
`general manager's'. 15
16 Section 111, definition "discharge expenses", paragraph (a)(v), 16
`chief executive'-- 17
omit, insert-- 18
`general manager'. 19
17 Section 115(10), `chief executive'-- 20
omit, insert-- 21
`general manager'. 22
15
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
18 Section 118(2)(a) and (b) and (3), before `administering 1
executive'-- 2
insert-- 3
`chief executive,'. 4
19 Section 118(5), before `administering executive'-- 5
insert-- 6
`chief executive or'. 7
20 Section 130, before `authorised officer'-- 8
insert-- 9
`employee of MSQ,'. 10
21 After section 131-- 11
insert-- 12
`132 Delegation by general manager 13
`The general manager may delegate the general manager's powers under 14
this Act to-- 15
(a) an employee of MSQ; or 16
(b) an authorised officer.'. 17
22 After section 135-- 18
insert-- 19
`PART 17--TRANSITIONAL PROVISIONS FOR 20
MARITIME SAFETY QUEENSLAND ACT 2002 21
`136 Definitions for pt 20 22
`In this part-- 23
"commencement" means the commencement of this part. 24
16
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
"former function of the chief executive" means a function that, 1
immediately before the commencement, was a function of the chief 2
executive but that on the commencement became a function of the 3
general manager. 4
`137 Transition of chief executive's functions to general manager 5
`(1) If-- 6
(a) a process relating to a former function of the chief executive was 7
started before this section was commenced; and 8
(b) the process was not completed before the commencement; 9
the chief executive must complete the process. 10
11
Example of a process--
12
The process of suspending or cancelling an approval.
`(2) However, subsection (1) does not limit the chief executive's power 13
to delegate a function under the Transport Planning and Coordination Act 14
1994. 15
`138 Agreements 16
`(1) This section applies to an agreement made by the chief executive 17
when performing a former function of the chief executive that is in force 18
immediately before the commencement. 19
`(2) The agreement continues to have effect after the commencement as 20
if it had been made by the general manager. 21
`139 Notices 22
`(1) This section applies to a notice made, given or signed by the chief 23
executive when performing a former function of the chief executive that is 24
in force immediately before the commencement. 25
`(2) The notice continues to have effect after the commencement as if it 26
had been made, given or signed by the general manager. 27
17
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
`140 Appointments 1
`(1) This section applies to an appointment made by the chief executive 2
when performing a former function of the chief executive that is current 3
immediately before the commencement. 4
`(2) The appointment continues to have effect after the commencement 5
as if it had been made by the general manager. 6
`141 Other things done by chief executive 7
`(1) This section applies to anything done, made, given or signed by the 8
chief executive when performing a former function of the chief executive 9
that is in force immediately before the commencement and is not otherwise 10
provided for under this part. 11
`(2) The thing continues to have effect after the commencement as if it 12
had been done, made, given or signed by the general manager. 13
`142 Particular references to chief executive 14
`A reference in an Act or document to the chief executive may, if the 15
context permits, be taken to be a reference to the general manager.'. 16
23 Schedule, definition "administering authority", paragraph (b), 17
`the chief executive'-- 18
omit, insert-- 19
`MSQ'. 20
24 Schedule, definition "administering executive", paragraph (b), 21
`chief executive'-- 22
omit, insert-- 23
`general manager'. 24
18
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
25 Schedule, definition "analyst", paragraph (a), `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
26 Schedule-- 4
insert-- 5
` "general manager" means the general manager under the Maritime 6
Safety Queensland Act 2002. 7
"MSQ" means the Maritime Safety Agency of Queensland established 8
under the Maritime Safety Queensland Act 2002.'. 9
TRANSPORT OPERATIONS (MARINE SAFETY) 10
ACT 1994 11
1 Section 4-- 12
insert-- 13
` "general manager" means the general manager under the Maritime 14
Safety Queensland Act 2002. 15
"MSQ" means the Maritime Safety Agency of Queensland established 16
under the Maritime Safety Queensland Act 2002.'. 17
2 Section 18A(1), (2), (3), (5) and (6)(d), `chief executive'-- 18
omit, insert-- 19
`general manager'. 20
3 Section 31(4) and (5), `chief executive'-- 21
omit, insert-- 22
`general manager'. 23
19
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
4 Section 34(i), after `chief executive'-- 1
insert-- 2
`or general manager'. 3
5 Section 36(1) and (2), `chief executive'-- 4
omit, insert-- 5
`general manager'. 6
6 Section 42(3)(a)(ii), `chief executive'-- 7
omit, insert-- 8
`general manager'. 9
7 Section 45(1), `chief executive'-- 10
omit, insert-- 11
`general manager'. 12
8 Section 47(1), (4)(b) and (5), `chief executive'-- 13
omit, insert-- 14
`general manager'. 15
9 Section 48(1) and (2), `chief executive'-- 16
omit, insert-- 17
`general manager'. 18
10 Section 49(1), (3)(c) and (4), `chief executive'-- 19
omit, insert-- 20
`general manager'. 21
20
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
11 Section 50(1) and (2), `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
12 Section 51(1), `chief executive'-- 4
omit, insert-- 5
`general manager'. 6
13 Section 54(1), `chief executive'-- 7
omit, insert-- 8
`general manager'. 9
14 Section 59, after `chief executive'-- 10
insert-- 11
`or general manager'. 12
15 Section 62(2)(a) and (b) and (3), after `chief executive'-- 13
insert-- 14
`or general manager'. 15
16 Section 63, after `chief executive'-- 16
insert-- 17
`or general manager'. 18
17 Section 67(1)(a)(ii) and (2)(a)(ii), `chief executive'-- 19
omit, insert-- 20
`general manager'. 21
21
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
18 Section 70, `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
19 Section 70A, heading, `Chief executive'-- 4
omit, insert-- 5
`General manager'. 6
20 Section 70A(1) and (2), `chief executive'-- 7
omit, insert-- 8
`general manager'. 9
21 Section 70B(1), `chief executive'-- 10
omit, insert-- 11
`general manager'. 12
22 Section 74(1), `the department'-- 13
omit, insert-- 14
`MSQ'. 15
23 Section 76-- 16
insert-- 17
`(2) In exercising a power, a harbour master is subject to the direction of 18
the general manager.'. 19
24 Section 78, `the department'-- 20
omit, insert-- 21
`MSQ'. 22
22
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
25 Section 79(1)-- 1
insert-- 2
`(ca)an employee of MSQ; or'. 3
26 Section 101(5), definition "general employer", `the department or 4
a port authority'-- 5
omit, insert-- 6
`MSQ'. 7
27 Section 102A(1)(a), (1)(b)(i), (2)(a) and (2)(b)(i), `the department 8
or a port authority'-- 9
omit, insert-- 10
`MSQ'. 11
28 Section 105, heading, `Chief executive'-- 12
omit, insert-- 13
`General manager'. 14
29 Section 105(1), (2) and (3), `chief executive'-- 15
omit, insert-- 16
`general manager'. 17
30 Section 109(2), `chief executive'-- 18
omit, insert-- 19
`general manager'. 20
31 Section 109(3), `or chief executive'-- 21
omit, insert-- 22
`, chief executive or general manager'. 23
23
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
32 Section 120, `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
33 Section 126(1) to (4), `chief executive'-- 4
omit, insert-- 5
`general manager'. 6
34 Section 126(3)(a), after `may'-- 7
insert-- 8
`recommend to the chief executive that the chief executive'. 9
35 Section 134(a), after `employees of the department'-- 10
insert-- 11
`or of MSQ'. 12
36 Section 153(d), `chief executive'-- 13
omit, insert-- 14
`general manager'. 15
37 Section 154, `chief executive'-- 16
omit, insert-- 17
`general manager'. 18
38 Section 156(c), `chief executive'-- 19
omit, insert-- 20
`general manager'. 21
24
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
39 Section 157(1) and (2), `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
40 Section 157(1)-- 4
insert-- 5
`(ba)employees of MSQ;'. 6
41 Section 157(2)(a), `chief executive's'-- 7
omit, insert-- 8
`general manager's'. 9
42 Section 158(2)(b), `chief executive'-- 10
omit, insert-- 11
`general manager'. 12
43 Section 159(1), (2)(b) and (3), `chief executive'-- 13
omit, insert-- 14
`general manager'. 15
44 Section 201(2)(a) and (b), (3), (4) and (5), after `chief executive'-- 16
insert-- 17
`, the general manager'. 18
45 Section 203(3)(c), after `chief executive'-- 19
insert-- 20
`or general manager'. 21
25
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
46 Section 203(5), after `department'-- 1
insert-- 2
`or MSQ'. 3
47 Section 203-- 4
insert-- 5
`(5A) An appeal lies under subsections (1) and (2) against a decision 6
made by a delegate of the general manager who is an officer or employee 7
of MSQ only if the applicant has sought a review by the general manager 8
of the decision.'. 9
48 Section 205(1), `or an officer or employee of the department'-- 10
omit, insert-- 11
`, the general manager or an officer or employee of the department or of 12
MSQ'. 13
49 Section 205(2)(a) and (b), after `chief executive'-- 14
insert-- 15
`, general manager'. 16
50 Section 206A, heading, `Chief executive's'-- 17
omit, insert-- 18
`General manager's'. 19
51 Section 206A(1) and (4), `chief executive'-- 20
omit, insert-- 21
`general manager'. 22
26
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
52 Section 216(3)(a) and (b) and (5)(a), `chief executive'-- 1
omit, insert-- 2
`general manager'. 3
53 After section 224-- 4
insert-- 5
`PART 20--TRANSITIONAL PROVISIONS FOR 6
MARITIME SAFETY QUEENSLAND ACT 2002 7
`225 Definitions for pt 20 8
`In this part-- 9
"commencement" means the commencement of this part. 10
"former function of the chief executive" means a function that, 11
immediately before the commencement, was a function of the chief 12
executive but that on the commencement became a function of the 13
general manager. 14
`226 Transition of chief executive's functions to general manager 15
`(1) If-- 16
(a) a process relating to a former function of the chief executive was 17
started before the commencement; and 18
(b) the process was not completed before the commencement; 19
the chief executive must complete the process. 20
21
Example of a process--
22
The process of suspending or cancelling an approval.
`(2) However, subsection (1) does not limit the chief executive's power 23
to delegate a function under the Transport Planning and Coordination Act 24
1994. 25
27
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
`227 Exemptions 1
`(1) This section applies to an exemption given by the chief executive 2
when performing a former function of the chief executive that is in force 3
immediately before the commencement. 4
`(2) The exemption continues to have effect after the commencement as 5
if it had been given by the general manager. 6
`228 Standards 7
`(1) This section applies to a standard given by the chief executive when 8
performing a former function of the chief executive that is in force 9
immediately before the commencement. 10
`(2) The standard continues to have effect after the commencement as if 11
it had been given by the general manager. 12
`229 Approvals 13
`(1) This section applies to an approval given by the chief executive 14
when performing a former function of the chief executive that is in force 15
immediately before the commencement. 16
`(2) The approval continues to have effect after the commencement as if 17
it had been given by the general manager. 18
`230 Appointments 19
`(1) This section applies to an appointment made by the chief executive 20
when performing a former function of the chief executive that is current 21
immediately before the commencement. 22
`(2) The appointment continues to have effect after the commencement 23
as if it had been made by the general manager. 24
`231 Agreements 25
`(1) This section applies to an agreement made by the chief executive 26
when performing a former function of the chief executive that is in force 27
immediately before the commencement. 28
28
Maritime Safety Queensland Bill 2002
SCHEDULE 1 (continued)
`(2) The agreement continues to have effect after the commencement as 1
if it had been made by the general manager. 2
`232 Fixing of speed limits for ships 3
`(1) This section applies to a speed limit fixed for a ship by the chief 4
executive when performing a former function of the chief executive that is 5
in force immediately before the commencement. 6
`(2) The speed limit continues to have effect after the commencement as 7
if it had been fixed by the general manager. 8
`233 Notices 9
`(1) This section applies to a notice made, given or signed by the chief 10
executive when performing a former function of the chief executive that is 11
in force immediately before the commencement. 12
`(2) The notice continues to have effect after the commencement as if it 13
had been made, given or signed by the general manager. 14
`234 Other things done by chief executive 15
`(1) This section applies to anything done, made, given or signed by the 16
chief executive when performing a former function of the chief executive 17
that is in force immediately before the commencement and is not otherwise 18
provided for under this part. 19
`(2) The thing continues to have effect after the commencement as if it 20
had been done, made, given or signed by the general manager. 21
`235 Particular references to chief executive 22
`A reference in an Act or document to the chief executive may, if the 23
context permits, be taken to be a reference to the general manager.'. 24
29
Maritime Safety Queensland Bill 2002
SCHEDULE 2 1
DICTIONARY 2
section 3 3
"industrial instrument" has the meaning given by the Industrial 4
Relations Act 1999. 5
"maritime service" means a service provided to the maritime industry, 6
whether or not on payment of a fee. 7
"MSQ" means the Maritime Safety Agency of Queensland. 8
"pilotage service" means a maritime service, with an individual or other 9
person, that provides for-- 10
(a) the piloted movement of ships; or 11
(b) the transfer of a pilot onto or off a ship. 12
13
© State of Queensland 2002
AMENDMENTS TO BILL
1
Maritime Safety Queensland Bill 2002
MARITIME SAFETY QUEENSLAND BILL
2002
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 2--
At page 4, lines 6 and 7--
omit, insert--
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