Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title

           Division 2--Objectives of Act

   3.      Objectives of this Act

           Division 3--Interpretation and basic concepts

   4.      Dictionary
   5.      Meaning of certificate of compliance
   6.      Meaning of ship connected with Queensland
   7.      Meaning of master
   8.      Meaning of operates a ship
   9.      Meaning of owner
   10.     Meaning of ship
   10A.    Meaning of commercial ship, fishing ship and recreational ship, and related provision

           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
   15.     Section 11 subject to certain provisions
   16.     Defence ships

           Division 5--Operation of Act

   17.     Act binds all persons
   18.     Exemption of person or ship from Act
   18A.    Exempting of person or ship from regulatory provision

           Part 2--Marine safety strategies

           Division 1--Development and approval of strategies

   19.     Development of marine safety strategies
   20.     Contents of marine safety strategies
   21.     Tabling of marine safety strategies

           Division 2--Obligations of marine safety strategies

   22.     Objective of division
   23.     Obligations about marine safety
   24.     Report on giving effect to s 23 (Obligations about marine

           Division 3--Implementation of safety strategies

   25.     Development of marine safety implementation programs
   26.     Consistency with marine safety strategies
   27.     Report on operation of marine safety implementation programs

           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 that is established?
   31.     What is a standard
   32.     What happens if a person does not comply with a relevant standard
   33.     What happens if a ship has a certificate of compliance or
   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 and standards

           Division 1--General safety obligations

   40.     General safety obligation of ship designers, ship builders and marine surveyors 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 about the condition of ships
   43.     General obligation on persons involved with operation of ship to operate it safely
   44.     Safety equipment obligation

           Division 2--Standards

   45.     Standards
   46.     Contents of standard
   47.     Notice of proposal to prepare draft standard
   48.     Preparation of draft standard
   49.     Notice of draft standard
   50.     Making of standard
   51.     Interim standards
   53.     Regulations prevail over standards
   54.     Review of standards

           Part 5--Registration, licensing, permits and accreditation

           Division 1--Application of part

   55.     Application

           Division 2--Registration of ships

   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 3--Licensing of masters, crew members and pilots

   60.     Regulation may require licences
   61.     Operation of ship as master etc. without required licence
   62.     Grant, amendment and renewal of licences
   63.     Cancellation, suspension and amendment of licences

           Division 4--Accreditation of ship designers, ship builders and marine surveyors

   64.     Object of division
   65.     Regulation may provide for accreditation
   66.     Design of ships
   66A.    Building of ships
   67.     Restriction on building of ships
   68.     Surveying of ships
   69.     Grant, amendment or renewal of accreditation
   70.     Cancellation, suspension and amendment of accreditation

           Division 5--Other provisions about ship design and survey

   70A.    General manager may approve ship design
   70B.    Statements in certificate of survey
   70C.    Protection from liability

           Part 6--Pilotage areas

   71.     Pilotage areas and compulsory pilotage areas
   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
   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
   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
   106.    Unlawful interference with an aid to navigation
   107.    Trespassing on aid to navigation
   107A.   Damage to an aid to navigation

           Part 10--Marine board

           Division 1--The board

   108.    Establishment of board
   109.    Functions of board
   110.    Composition

           Division 2--Meetings of board

   111.    Time and place of meetings
   112.    Presiding at meetings
   113.    Quorum
   113A.   Voting
   114.    Conduct of meetings
   115.    Disclosure of interests

           Division 3--Provisions about members

   116.    Duration of appointment
   117.    Terms of appointment
   118.    Resignation
   119.    Termination of appointment

           Division 4--Miscellaneous

   120.    Administrative support
   121.    Annual report on operations of board

           Part 11--Marine incidents

   123.    What is a marine incident
   124.    Duties of masters to help if a marine incident happens involving 2 or more ships
   125.    Marine incidents must be reported
   125A.   Temporary declaration of exclusion zone by general manager
   125B.   Failure to comply with declaration of exclusion zone by general manager
   126.    Investigation process into marine incident
   127.    Regular reports of marine incidents to Minister
   128.    Report and any recommendations to be tabled
   129.    Report of dangers to navigation
   130.    Obligation of master to give help

           Part 12--Boards of inquiry

           Division 1--General

   131.    Minister may establish or re-establish boards of inquiry
   132.    Role of board of inquiry
   133.    Conditions of appointment
   134.    Chief executive to arrange for services of staff and financial matters for board of inquiry
   135.    Shipping inspector may exercise powers for board's inquiry

           Division 2--Conduct of inquiry

   136.    Procedure
   137.    Notice of inquiry
   138.    Inquiry to be held in public other than in special circumstances
   139.    Protection of members, legal representatives, witnesses and others
   140.    Record of proceedings to be kept
   141.    Procedural fairness and representation
   142.    Board's powers on inquiry
   143.    Notice to witness
   144.    Inspection of documents or things
   145.    Inquiry may continue despite court proceedings unless otherwise ordered
   146.    Offences by witnesses
   147.    Self-incrimination
   148.    False or misleading statements
   149.    False or misleading documents
   150.    Contempt of board
   151.    Report of offences
   152.    Change of membership of board

           Part 13--Shipping inspectors

           Division 1--General

   153.    Functions of shipping inspectors
   154.    Shipping inspectors subject to directions from general manager
   155.    Powers of shipping inspectors under this part
   156.    Limitation on powers of a shipping inspector

           Division 2--Appointment of shipping inspectors and other matters

   157.    Appointment of shipping inspectors
   158.    Conditions of appointment of shipping inspectors
   159.    Shipping inspector's identity card
   160.    Display of shipping inspector's identity card
   161.    Protection from liability

           Division 3--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
   167A.   Power to require production of marine safety equipment
   168.    Power to seize after boarding ship or entering a vehicle
   169.    Power to seize evidence from places
   170.    Procedure after thing seized
   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
   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

   184.    Illegal boarding of or remaining alongside or hovering near a ship
   185.    Offence of failing to leave a ship
   186.    Unlawful interference with ship
   186A.   Chief executive (fisheries) must disclose information

           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 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
   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.   Review of original decision
   203C.   Appeal against reviewed decision
   203D.   Decisions that can not be appealed against etc.
   203E.   Appropriate appeal court
   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
   206B.   Approval of forms

           Part 18--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
   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

           Part 19--Transitional provisions

           Division 1--Provisions for Act No. 14 of 1994

   220.    References to former Act etc.

           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
           SCHEDULE DICTIONARY
           Endnotes