TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - As at 1 March 2023 - Act 14 of 1994
- As at 1 March 2023
- Act 14 of 1994
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
2. (Repealed)
Division 2 - Objectives of Act
Division 3 - Interpretation and basic concepts
Division 4 - Application of Act
- 11 General application of Act to ships
- 12 Relationship with Commonwealth Navigation Act generally
- 13 Aids to navigation—relationship with Commonwealth Acts
- 14 Relationship with the national law
- 15 Section 11 subject to certain provisions
- 16 Defence ships
Division 5 - Operation of Act
PART 2 - (Repealed)
PART 3 - HOW TO UNDERSTAND THIS ACT
- 28 To which ships does this Act apply
- 29 Achieving an appropriate balance between safety and cost
- 30 What is the system established
- 31 What is a standard
- 32 What happens if a person does not comply with a relevant standard
- 33 Role of survey reports in satisfying general safety obligations
- 34 What mechanisms ensure safety
- 35 How is safety in Queensland waters achieved
- 36 How are harbour masters and shipping inspectors accountable
- 37 How is the chief executive accountable
- 38 Does the Act mention everything that will appear in the regulations and standards
- 39 Operation of part
PART 4 - GENERAL SAFETY OBLIGATIONS
- 39A Application of div 1
- 40 General safety obligation of competent persons about condition of ships
- 41 General safety obligation of ship owners and masters about condition of ships
- 42 Relationship between regulatory provisions and general safety obligations for competent persons and ship owners and masters
- 43 General safety obligation on persons involved with operation of ship
- 44 Safety equipment obligation
Division 2 - Other general safety obligations
- 45 General safety obligation on pilot who has conduct of ship
- 46 General safety obligation on managing pilotage entity
52. (Repealed)
PART 5 - REGISTRATION, LICENSING AND PERMITS
- 54 Application of div 1
- 55 Definition for div 1
- 56 Regulation may require registration of ship
- 57 Contravention of registration obligations
- 58 Registration, amendment, renewal and transfer etc.
- 59 Cancellation, suspension and amendment of registration
Division 2 - Licensing of masters and crew members of Queensland regulated ships
- 59A Application of div 2
- 60 Regulation may require licences
- 61 Operation of ship as master etc. without required licence
Division 3 - Licensing of pilots
- 61A Application of div 3
- 61B Regulation may require pilot licence
- 61C Operation of ship as pilot without required licence
Division 4 - General licence provisions
- 62 Grant, amendment and renewal of licences
- 62A When licence is void
- 63 Cancellation, suspension and amendment of licences
- 63AA Smartcard marine licence indicator is property of the State
63A. (Repealed)
63AB. (Repealed)
63B. (Repealed)
63C. (Repealed)
63D. (Repealed)
63F. (Repealed)
63G. (Repealed)
63H. (Repealed)
Division 5 - Restricted release of information about marine licences
- 63I Restricted written release of information
- 63J Restricted oral release of particular information
64. (Repealed)
65. (Repealed)
66. (Repealed)
66A. (Repealed)
67. (Repealed)
68. (Repealed)
69. (Repealed)
70. (Repealed)
70A. (Repealed)
70B. (Repealed)
70C. (Repealed)
PART 6 - PILOTAGE AREAS
- 71 Pilotage areas and compulsory pilotage areas
- 71A Who is the responsible pilotage entity for a compulsory pilotage area
- 72 Harbour master may permit ship navigation in closed pilotage area
- 73 Failure to comply with closure of pilotage area
PART 7 - HARBOUR MASTERS
Division 1 - General
- 74 Appointment of harbour masters
- 75 Only qualified persons may be appointed as harbour masters
- 76 Limitations on powers of a harbour master
- 77 Harbour master to consult with port authority
- 77A Harbour master to consult with Gold Coast Waterways Authority
- 78 End of appointment
- 79 Delegation by harbour master
- 80 Identity cards
- 81 Proof of authority
- 82 Protection from liability
- 83 Harbour masters to give notice of damage
- 84 Impersonation of harbour master
- 85 Obstruction of harbour master
Division 2 - Powers of harbour masters
Subdivision 1 - Powers of direction
- 86 General limitation on harbour master’s power to give directions under subdivision
- 86A Direction may be general or particular
- 87 Power of Minister to require directions
- 87A Owner of ship lost, abandoned or stranded
- 87B Direction to master about operation of ship in relation to a marine incident area
- 88 Direction to master about operation of ship in relation to pilotage area
- 88A Direction to managing pilotage entity about pilotage services
- 89 Direction to person in charge of a place
- 90 Direction to person carrying out works
- 91 Direction to person about obstruction
- 92 Direction to person to put out certain lights etc.
Subdivision 2 - Other powers
- 93 Harbour master may carry out direction
- 94 Recovery by State of expenses of carrying out direction
- 95 Temporary closure of pilotage area by harbour master
- 96 Harbour master may permit ship navigation in closed pilotage area
- 97 Failure to comply with closure of pilotage area by harbour master
PART 8 - PILOTS
- 98 Application of part
- 99 Pilots required for ship navigation in compulsory pilotage area
- 100 Regulations about pilotage
- 101 Immunity for pilots and general employers
- 102 Liability of owner or master of ship under pilotage
- 102A Restriction on conduct of ship by pilot
- 103 Offence of impersonating a pilot
PART 9 - AIDS TO NAVIGATION
- 104 Meaning of aid to navigation
- 105 General manager may set up aid to navigation
- 105A Gold Coast Waterways Authority may set up aid to navigation
- 106 Unlawful interference with an aid to navigation
- 107 Trespassing on aid to navigation
- 107A Damage to an aid to navigation
PART 10 - (Repealed)
PART 11 - MARINE INCIDENTS
Division 1 - Preliminary
- 123 What is a marine incident
- 123A Application of div 2
- 124 Duties of masters to help if a marine incident happens involving 2 or more ships
- 125 Marine incidents must be reported
- 126 Investigation process into marine incident
- 127 Regular reports of marine incidents to Minister
- 128 Report and any recommendations to be tabled
Division 3 - Other obligations and exclusion zones
- 129 Report of dangers to navigation
- 130 Obligation of master to give help
- 130A Temporary declaration of exclusion zone by general manager
- 130B Failure to comply with declaration of exclusion zone by general manager
PART 12 - (Repealed)
PART 13 - SHIPPING INSPECTORS
Division 1 - General
Division 2 - Appointment of shipping inspectors and other matters
Division 3 - General powers of shipping inspectors
- 162 Entry to place by shipping inspectors
- 163 Warrants
- 164 Warrants—applications made other than in person
- 165 Boarding of ships and entry of vehicles
- 166 Boarding of ship that is moving or about to move
- 167 Shipping inspector’s general powers for ships, vehicles and places
- 168 Power to seize after boarding ship or entering a vehicle
- 169 Power to seize evidence from places
- 170 Procedure after thing seized
- 170A Application of div 3A
- 170B Power to require production of marine safety equipment
- 171 Direction if shipping inspector reasonably believes ship is not safe or can not be operated safely
- 172 Shipping inspector may direct ship is surveyed and order repairs
- 172AA Shipping inspector may declare that ship is unseaworthy and must not be operated
- 172A Other directions
Division 4 - Other enforcement powers of shipping inspectors
- 173 Power to require name and address
- 174 Power to require information from certain persons
- 175 Power to require production of documents
Division 4A - Removing abandoned property
- 175A Removing abandoned property
Division 5 - Other enforcement matters
- 176 False or misleading statements
- 177 False or misleading documents
- 178 Compensation
- 179 Shipping inspector to give notice of damage
- 180 Consent to entry
- 181 Evidence of consent
- 182 Obstruction of shipping inspectors
- 183 Impersonation of shipping inspector
PART 13A - SECURING COMPLIANCE WITH ACT
Division 1 - Purpose
Division 2 - Enforcement orders and interim enforcement orders
- 183B Proceeding for enforcement order or interim enforcement order
- 183C Making enforcement order
- 183D Making interim enforcement order
- 183E Effect of order
- 183F Powers of District Court about enforcement order or interim enforcement order
- 183G No undertaking as to damages or costs may be required
- 183GA Further power of District Court if enforcement order is contravened
- 183GB Recovery by State of expenses of taking authorised action
- 183GC Recovery by other persons of damages in particular circumstances
Division 3 - Undertakings
- 183H General manager may seek division 3 undertaking
- 183I Undertaking about other matter
- 183J Variation and withdrawal of division 3 undertaking
- 183K Enforcement of division 3 undertaking
- 183L Register of division 3 undertakings
PART 14 - ORDERLY CONTROL OVER SHIPS
Division 1 - General
Division 2 - Passenger carrying ships
- 187 Application of division
- 188 Exclusion of person from ship
- 189 Miscellaneous offences by passengers etc.
- 190 Obstruction of master or crew
- 191 Arrest by ship’s master
PART 14A - GENERAL MANAGER’S POWERS OF DIRECTION
- 191A Direction to master about operation of ship in relation to pilotage area
- 191B Direction to person in charge of a place
PART 15 - PROCEEDINGS
Division 1 - General
- 192 Jurisdiction preserved
- 193 Jurisdiction for offences
- 194 Presumption of jurisdiction
- 195 Jurisdiction over ships lying or passing off the coast or in or near navigable waters
- 196 Offences are summary unless expressly indictable etc.
- 197 Proceedings for indictable offences
- 198 Limitation on who may summarily hear indictable offence proceedings
- 199 Limitation on time for starting summary proceedings
- 199A Court may make orders about compensation and other matters
- 199B Court may make orders about apologies and other matters
- 200 Special provision for service of documents
- 200A Allegations of false or misleading statements or documents
- 201 Evidentiary provisions
- 202 Conduct of company directors, employees or agents
Division 2 - Licence disqualifications, cancellations and suspensions
- 202A Disqualifying person from holding licence and cancelling or suspending current licence
- 202B Dealing with order under s 202A
- 202C Licence cancelled when order made under s 202A
Division 3 - Restricted licences
- 202D Restricted licence for disqualified person
- 202E Other limitations on ordering a restricted licence
- 202F Consideration of order for restricted licence when making order disqualifying a person
- 202G Application for, and grant of, restricted licence
- 202H Duration of restricted licence
- 202I Regulation-making power in relation to restricted licence
- 202J Offence of operating ship other than under a restricted licence
- 202K Variation of restrictions
Division 4 - Removal of disqualification
- 202L Application for removal of disqualification under div 2
- 202M Court hearing an application
PART 15A - PROTECTION FOR WHISTLEBLOWERS
- 202N Definitions for pt 15A
- 202O Application of pt 15A
- 202P General limitation
- 202Q Liability for conduct unaffected
- 202R Reprisal and grounds for reprisal
- 202S Damages entitlement or other remedy for reprisal
- 202T False or misleading statements
- 202U False or misleading documents
PART 16 - REVIEW OF AND APPEALS AGAINST PARTICULAR DECISIONS
- 203 Definitions for pt 16
- 203A Main purposes of pt 16
- 203B Internal review of decisions
- 203C External review of decisions
- 203D Decisions that can not be appealed against etc.
203E. (Repealed)
- 204 Appeals in relation to disqualification under s 202A
PART 17 - MISCELLANEOUS
- 205 False or misleading documents
- 205A Inquiries about person’s suitability to conduct examinations or conduct training programs
- 205AA Notice of change in police information about a person
- 205AB Chief executive or general manager may enter into arrangement about giving and receiving information with commissioner of the police service
- 205AC Confidentiality
- 205B Electronic search to verify person is holder of licence
- 206 Signals of distress
- 206A General manager’s power to fix speed limits for ships
- 206AA Gold Coast Waterways Authority’s power to fix speed limits for ships
- 206B Approval of forms
PART 18 - REGULATIONS AND STANDARDS
- 207 Regulation-making power
- 208 Marine safety regulations—generally
- 209 Regulations about fees and charges
- 210 Penalties under regulations to be limited
- 211 Regulation may give effect to treaties, conventions or international agreements or documents
- 212 Regulations may give effect to agreements or documents about ships approved by Australian entity
- 213 Regulations about dangerous substances
- 214 Regulations about signals of distress
- 215 Pilotage fees, conservancy dues and related matters
- 216 Detention of ships for unpaid fees etc.
- 217 Regulations about aquatic events and activities
- 218 Other matters for regulations
- 219 General manager’s power to fix other matters by gazette notice
Division 2 - Standards
PART 19 - TRANSITIONAL PROVISIONS
Division 1 - Provisions for Act No. 14 of 1994
- 220 References to former Act etc.
221. (Repealed)
222. (Repealed)
223. (Repealed)
224. (Repealed)
224A. (Repealed)
- 225 Definitions for div 2
- 226 Transition of chief executive’s functions to general manager
- 227 Exemptions
- 228 Standards
- 229 Approvals
- 230 Appointments
- 231 Agreements
- 232 Fixing of speed limits for ships
- 233 Notices
- 234 Other things done by chief executive
- 235 Particular references to chief executive
Division 3 - Provisions for Maritime and Other Legislation Amendment Act 2006
- 236 References in other legislation to words defined in s 4
- 237 Provisions relating to the power of harbour masters before the commencement to give directions
- 238 Reasonable excuse for not reporting marine incident
- 239 Direction or notice given by shipping inspector before the commencement
- 240 Property seized under s 175A before the commencement
- 241 Enforcement order or interim enforcement order only if offence committed after the commencement
- 242 Disqualification under s 202A only if offence committed after the commencement
- 243 Decisions made before the commencement
- 244 Existing licences to drive speedboats and other recreational ship master’s licences
Division 4 - Provision for Transport Legislation Amendment Act 2008, part 6
- 245 Making orders under s 199B
- 246 Fixing of speed limits for ships for Gold Coast waters
Division 6 - Provision for Holidays and Other Legislation Amendment Act 2015
- 247 Digital photos and digitised signatures
Subdivision 1 - Preliminary
- 248 Definitions for division
Subdivision 2 - Provisions about registration of relevant ships
- 249 Purpose of subdivision
- 250 Existing registration
- 251 Existing applications for registration
- 252 Reviews of decisions about registration made before the commencement
Subdivision 3 - Other transitional provisions
- 253 Existing certificate of compliance for Queensland regulated ship
- 254 Protection of persons continued
- 255 Existing investigations
256. (Repealed)
- 257 Commercial ship references
PART 20 - (Repealed)