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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 (Repealed)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

  • 3 Objectives of this 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PART 2 - (Repealed)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

Division 1 - General safety obligations for Queensland regulated ships

  • 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 (Repealed)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

Division 1 - Registration of Queensland regulated ships

  • 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

Division 2 - Marine incidents involving Queensland regulated ship

  • 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

Division 3A - Additional powers for Queensland regulated ships

  • 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

  • 183A Purpose of pt 13A

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

Division 1 - Regulations

  • 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)

Division 2 - Provisions for Maritime Safety Queensland Act 2002

  • 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

Division 5 - Provision for Gold Coast Waterways Authority Act 2012

  • 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

Division 7 - Provisions for Transport Operations (Marine Safety) and Other Legislation Amendment Act 2016

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)

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