TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - As at 1 March 2023 - Act 14 of 1994
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994
- As at 1 March 2023
- Act 14 of 1994
TABLE OF PROVISIONS
Long Title
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 (Repealed)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
4. Dictionary
5. (Repealed)
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 Queensland regulated ship
10B. Meaning of recreational ship
10C. Meaning of other Queensland regulated ship
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
17. Act binds all persons
18. Exemption of person or ship from Act
18A. Exempting of person or ship from regulatory provision
PART 2 - (Repealed)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 (Repealed)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
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 - 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
184. Illegal boarding of or remaining alongside or hovering near a ship
185. Offence of failing to leave a ship
186. Unlawful interference with Queensland regulated 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 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
219A. Standards
219B. Contents of standard
219C. Notice of proposal to prepare draft standard
219D. Preparation of draft standard
219E. Notice of draft standard
219F. Making of standard
219G. Interim standards
219H. Regulations prevail over standards
219I. Amendment of standards
219J. Application of Acts Interpretation Act 1954
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)
SCHEDULE 1
