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MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 21 - SECT 105 105 Insertion of new pt 19, div 3 and schedule

MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 21 - SECT 105

105 Insertion of new pt 19, div 3 and schedule

After section 235--

insert--

'(1) This section applies to a reference in another Act or statutory instrument, that is in force at the commencement of this section, to a word or expression as defined in this Act (however the reference is worded) that includes a reference to section 4.

Example--
The Transport Infrastructure (Public Marine Facilities) Regulation 2000, schedule 4 includes a definition of ship as follows--
ship see Transport Operations (Marine Safety) Act 1994, section 4.

'(2) If the context permits, the reference is taken to be a reference to that word or expression as defined in the schedule.

'(3) In this section--

section 4 means section 4 of this Act as the section was in force immediately before the commencement of this section.

'(1) If a direction was given under part 7, division 2 before the commencement of this section and continued to have effect immediately before the commencement--

(a) the direction continues to have effect; and
(b) this Act, as in force immediately before the commencement, continues to apply to the direction and the obligations of any person arising out of the direction.
Examples for paragraph (b)--
1 If, before the commencement of this section, the master of a ship is taken to have been given a direction that, under section 86(3), was given to a crew member, after the commencement the master continues to have an obligation to comply with the direction.
2 If, before the commencement of this section, a person is given a direction under section 89, after the commencement the person continues to have an obligation to comply with the direction even though it was not in writing.

'(2) If a harbour master had started to carry out a direction or proposed direction as mentioned in section 93 as in force immediately before the commencement, the harbour master may continue to carry out the direction or proposed direction.

'(3) Section 94, as in force immediately before the commencement, continues to apply to an expense incurred before the commencement and also applies to an expense incurred by a harbour master who, under subsection (2), continues to carry out a direction or proposed direction.

'(4) Subsections (2) and (3) do not limit subsection (1).

'Section 125(4) and (5) apply in relation to a marine incident even if it happened before the commencement of this section.

'(1) This section applies to any of the following given by a shipping inspector before the commencement of this section that continues to have effect immediately before the commencement--

(a) a direction under section 171 or 172, as in force before the commencement;
(b a notice under section 172A, as in force before the commencement.

'(2) This Act, as in force immediately before the commencement, continues to apply to--

(a) the direction or notice; and
(b) the obligations of any person arising out of the direction or notice.

'If property is seized by a shipping inspector under section 175A before the commencement of this section, that section as in force immediately before the commencement continues to apply in relation to the property and its seizure.

'An enforcement order or interim enforcement order may not be made under part 13A, division 2 in relation to an offence committed entirely before the commencement of this section.

'Section 202A does not apply to a person if the person committed an offence mentioned in section 202A(1)(a) before the commencement of this section.

'(1) If a person whose interests were affected by a pre-commencement decision started an appeal under previous part 16 against the decision--

(a) previous part 16 continues to apply to the appeal; and
(b) previous part 16 applies in relation to any decision made on appeal about the pre-commencement decision.

'(2) If a person whose interests were affected by a pre-commencement decision had not started an appeal under previous part 16 against the decision before the commencement of this section, the person may not start an appeal under previous part 16 but may take action in relation to the pre-commencement decision under new part 16.

'(3) In this section--

new part 16 means part 16 as in force immediately after the commencement of this section.

pre-commencement decision means a decision made under this Act before the commencement of this section that may be appealed under previous part 16.

previous part 16 means part 16 as in force immediately before the commencement of this section.

'(1) This section applies to a person--

(a) who, immediately before the commencement of this section, was taken to be the holder of a licence under this Act8 that was a licence to drive a speedboat; or
(b) who, on or after 3 June 1994, became the holder of a recreational ship master's licence.

'(2) If, before the commencement, a licence mentioned in subsection (1) had not been cancelled or surrendered under this Act, the person who holds the licence is taken to be the holder of a licence under this Act to operate a recreational ship as its master as if the licence were granted under this Act.

'(3) If, before the commencement, a licence mentioned in subsection (1) had been suspended under this Act for a period, the person who holds the licence is taken to be the holder of a licence under this Act to operate a recreational ship as its master as if the licence were granted under this Act but suspended until the period expires.

'(4) To remove any doubt, it is declared that a recreational ship master's licence granted on or after 3 June 1994 and before the commencement, has not expired even if the licence included an expiry date on the licence.

accredited, in relation to a ship designer, ship builder or marine surveyor, means a ship designer, ship builder or marine surveyor accredited under a regulation.

aid to navigation see section 104.

appropriate appeal court, for part 16, see section 203.

approval means any of the following--

(a) registration of a ship;
(b) licensing of a person as a master, crew member or pilot;
(c) accreditation of an entity to license a person as a master, crew member or pilot;
(d) approval of an entity to conduct training programs relating to the operation of ships;
(e) permission for a person to operate a ship as its master or pilot;
(f) accreditation of a ship designer, ship builder or marine surveyor.

approved form see section 206B.

Australian legal practitioner see the Legal Profession Act 2004, schedule 5.

building, in relation to a ship, includes altering the ship, or replacing a part of the ship, if the alteration or replacement is declared, under a regulation, to be an alteration or replacement that may affect marine safety.

buoy mooring means something, other than the ship's own equipment, used, or intended to be used, for mooring a ship, that consists of each of the following--

(a) a device attached to or sitting on the seabed or the bed of other Queensland waters;
(b) a system involving cables, chains or ropes that is attached to the device mentioned in paragraph (a);
(c) a buoy or other float on the surface of the water, that is attached to the system mentioned in paragraph (b) and marks the location of the device and system.

causes includes--

(a) for a marine incident--substantially contributing to the marine incident; and
(b) for the death of, or grievous bodily harm to, a person--substantially contributing to the death of, or grievous bodily harm to, the person.

certificate of compliance see section 5.

certificate of survey, for a ship, means a certificate of survey issued for the ship under a regulation.

commercial ship see section 10A(1).

Commonwealth Navigation Act means the Navigation Act 1912 (Cwlth).

compulsory pilotage area means a pilotage area, or part of a pilotage area, declared under a regulation to be a compulsory pilotage area.

connected with Queensland, for a ship, see section 6.

convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

delegate, of the chief executive or general manager, for part 16, see section 203.

disclosing person, for part 15A, see section 202P(1).

disqualified person means a person for whom there is an order of a court under section 202A(2) disqualifying the person from holding or obtaining a licence, either absolutely or for a period ordered by the court.

disqualifying court see section 202A(3).

division 3 undertaking, for part 13A, means an undertaking under part 13A, division 3.

enforcement order means an order of the District Court under part 13A, division 2--

(a) to remedy or restrain the commission of a notice offence; or
(b) to ensure compliance with a division 3 undertaking.

fishing ship see section 10A(2).

general direction see section 86A(2).

general manager means the general manager under the Maritime Safety Queensland Act 2002.

government legal officer see the Legal Profession Act 2004, schedule 5.

grievous bodily harm has the meaning given by the Criminal Code.

harbour master means a person who is appointed under this Act as a harbour master.

interim enforcement order means an order under section 183D.

interstate voyage means an inter-State voyage as defined under the Commonwealth Navigation Act.

licence means--

(a) a licence provided for under section 60(1); or
(b) a restricted licence.

licensing entity see section 202G(2).

lost, in relation to a ship or part of a ship, includes sunk and wrecked.

marine incident see section 123.

marine incident area, for a provision in part 7, division 2 under which a harbour master is authorised to give a direction in relation to a marine incident area, means an area where the harbour master reasonably believes a marine incident has happened or is likely to happen.

master see section 7.

MSQ means the Maritime Safety Agency of Queensland established under the Maritime Safety Queensland Act 2002.

notice offence means an offence against any of the following provisions involving a person contravening a direction or requirement under this Act--

obstruct includes hinder, resist and attempt to obstruct.

official, for part 15A, see section 202N.

operates, a ship, see section 8.

original decision, for part 16, see section 203.

overseas voyage means an overseas voyage as defined under the Commonwealth Navigation Act.

owner, of a ship, see section 9.

particular direction see section 86A(4).

person in control includes--

(a) for a ship--the ship's master or the person who appears to be the ship's master; and
(b) for a vehicle--the vehicle's driver or the person who appears to be the vehicle's driver.

pilot means a person licensed under a regulation as a pilot and who, when on board a ship, has the conduct of it even though the person does not belong to the ship.

pilotage area means an area of Queensland waters that is declared under this Act to be a pilotage area.

place includes land and premises, but does not include a ship or vehicle.

port, of a port authority, has the same meaning as in the Transport Infrastructure Act 1994.

port authority means a port authority under the Transport Infrastructure Act 1994.

premises includes--

(a) a building or other structure or part of a building or other structure; and
(b) land where a building or other structure is situated.

prescribed applicant, for part 13A, means any of the following--

(a) the chief executive;
(b) the general manager;
(c) a harbour master.

Queensland intrastate voyage means a voyage beginning or ending in Queensland waters, other than an interstate voyage or overseas voyage.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably considers means considers on grounds that are reasonable in all the circumstances.

reasonably satisfied means satisfied on grounds that are reasonable in all the circumstances.

recreational ship see section 10A(3).

relevant clerk, of a court, means--

(a) if the court is a Magistrates Court--the clerk of the court; or
(b) if the court is the District Court--a registrar, within the meaning of the District Court of Queensland Act 1967, of the court; or
(c) if the court is the Supreme Court--a registrar of the court.

reprisal, for part 15A, see section 202R(3).

restricted licence means a licence under part 15, division 3.

reviewed decision, for part 16, see section 203C(1).

set up, an aid to navigation, includes--

(a) build, erect or place the aid; and
(b) add to, alter or remove the aid; and
(c) change its character or the way it exhibits its lights; and
(d) maintain the aid.

ship see section 10.

shipping inspector means a person who is appointed under this Act as a shipping inspector, and includes a harbour master.

source of interference see section 92(1).

standard means a standard made under section 45 and includes an interim standard.

tender means an auxiliary ship, other than a lifeboat, that--

(a) is not longer than 6m; and
(b) is employed to attend another ship; and
(c) is smaller than the other ship; and
(d) is operated only in the proximity of the other ship.

vehicle includes an aircraft but does not include a ship.'.