Queensland Consolidated Regulations

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 26

26 Application of registration requirements—Act, s 54

(1) Part 5 , division 1 of the Act applies to the following Queensland regulated ships—

(a) all Queensland regulated ships operating in Queensland waters and owned or chartered by—

(i) an individual whose place of residence, or principal place of residence, is in Queensland; or

(ii) a person whose place of business, or principal place of business, is in Queensland; or

(iii) a person whose principal place of business for managing the ship’s operations is in Queensland;

(b) all Queensland regulated ships not mentioned in paragraph (a) —

(i) on Queensland intrastate voyages; or

(ii) on interstate voyages while they are in Queensland waters.

(2) However, part 5 , division 1 of the Act does not apply to the following ships—

(a) a Queensland regulated ship that—

(i) is not powered; or

(ii) is powered by an engine of less than 3kW;

(b) a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if—

(i) the ship is registered under a law of another State about the registration of ships; and

(ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;

(c) a tender to a registered Queensland regulated ship if the tender is operated only within a radius of 2n miles from the ship;

(d) a Queensland regulated ship the subject of a restricted use authority;

(e) a recreational ship from a foreign country if—

(i) the ship is in Queensland waters for less than 1 year; and

(ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;

(f) an other Queensland regulated ship that—

(i) is less than 10m; and

(ii) is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ;

(g) a Queensland regulated ship that is not on or in water.

Example of operation of paragraph (g)—

If the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water.

Note—

Generally speaking, a regulation may only require a Queensland regulated ship to which part 5 , division 1 of the Act applies to be registered.