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MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 NO. 21
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Maritime Safety Queensland Act 2002
3. Act amended in pt 2
4. Amendment of s 4 (Purpose of Act)
5. Amendment of s 8 (Functions and powers of MSQ)
6. Amendment of s 11 (Functions and powers of general manager)
7. Insertion of new s 11A
Part 3--Amendment of Transport Operations (Marine Pollution) Act 1995
8. Act amended in pt 3
9. Amendment of s 5 (Words and expressions used in MARPOL and this Act)
10. Amendment of s 61 (Discharge of pollutant into coastal waters prohibited)
11. Amendment of s 62 (Defences to discharge offence)
12. Amendment of s 63 (Restrictions on transfer operations at night)
13. Amendment of s 67A (Ship's owner to have insurance)
14. Replacement of s 69 (Authorised officers subject to directions from general manager)
15. Amendment of s 70 (Powers of authorised officers)
16. Amendment of s 71 (Limitation on powers of authorised officer)
17. Amendment of s 72 (Appointment of authorised officers)
18. Amendment of s 73 (Authorised officer's appointment conditions)
19. Amendment of s 74 (Authorised officer's identity card)
20. Amendment of s 76 (Protection from liability)
21. Amendment of s 82 (Power to seize evidence from places)
22. Amendment of s 83 (Power to seize after boarding ship)
23. Amendment of s 92 (Purpose of division)
24. Amendment of s 93 (State has prime responsibility for directing emergency response)
25. Amendment of s 94 (Emergency declaration may overrule local law)
26. Replacement of ss 105 and 106
27. Amendment of s 110 (Compensation)
28. Amendment of s 111 (Definitions for part)
29. Insertion of new s 112
30. Amendment of s 115 (Recovery of discharge expenses)
31. Amendment of s 116 (Appeals)
32. Insertion of new pt 13A
33. Amendment of s 118 (Evidentiary provisions)
34. Amendment of s 122 (How discharge expenses may be recovered)
35. Replacement of s 127 (Court may make orders about compensation and other matters)
36. Insertion of new pt 14A
37. Omission of pt 15, div 1 (Devolutions)
38. Omission of pt 15, div 2, hdg (Delegations)
39. Amendment of s 130 (Delegation by chief executive)
40. Omission of ss 131 and 132
41. Amendment of s 133 (Regulation-making power)
42. Replacement of pt 17, hdg (Transitional provisions for Maritime Safety Queensland Act 2002)
43. Amendment of s 136 (Definitions for pt 20)
44. Insertion of new pt 17, div 2
45. Amendment of schedule (Dictionary)
Part 4--Amendment of Transport Operations (Marine Safety) Act 1994
46. Act amended in pt 4
47. Replacement of s 4 (Definitions)
48. Amendment of s 5 (Meaning of certificate of compliance)
49. Amendment of s 10 (Meaning of ship)
50. Insertion of new s 10A
51. Amendment of s 11 (General application of Act to ships)
52. Amendment of s 19 (Development of marine safety strategies)
53. Amendment of s 34 (What mechanisms ensure safety)
54. Amendment of s 40 (General safety obligation of ship designers and builders and marine surveyors about condition of ships)
55. Amendment of s 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships)
56. Amendment of s 47 (Notice of proposal to prepare draft standard)
57. Amendment of s 56 (Regulation may require registration of ship)
58. Amendment of s 57 (Contravention of registration obligations)
59. Amendment of s 60 (Regulation may require licences)
60. Amendment of s 62 (Grant, amendment and renewal of licences)
61. Amendment of s 63 (Cancellation, suspension and amendment of licences)
62. Amendment of s 64 (Object of division)
63. Amendment of s 65 (Regulation may provide for accreditation)
64. Amendment of s 79 (Delegation by harbour master)
65. Amendment of s 80 (Identity cards)
66. Amendment of s 86 (General limitation on harbour master's power to give directions under subdivision)
67. Insertion of new s 86A
68. Amendment of s 87 (Power of Minister to require directions)
69. Insertion of new s 87B
70. Amendment of s 88 (Direction to master about operation of ship)
71. Amendment of s 89 (Direction to person in charge of a place)
72. Amendment of s 90 (Direction to person carrying out works)
73. Amendment of s 91 (Direction to person about obstruction)
74. Amendment of s 92 (Direction to person to put out certain lights etc.)
75. Replacement of s 93 (Harbour master may carry out direction)
76. Amendment of s 94 (Recovery by State of expenses of carrying out direction)
77. Amendment of s 125 (Marine incidents must be reported)
78. Amendment of s 127 (Regular reports of marine incidents to Minister)
79. Amendment of s 139 (Protection of members, legal representatives and witnesses)
80. Amendment of s 142 (Board's powers on inquiry)
81. Replacement of ss 148 and 149
82. Replacement of s 171 (Shipping inspector may direct that ship stays at, or goes to, safe anchorage)
83. Amendment of s 172 (Shipping inspector may direct ship is surveyed and order repairs)
84. Insertion of new s 172AA
85. Amendment of s 175A (Removing abandoned property)
86. Replacement of ss 176 and 177
87. Insertion of new pt 13A
88. Insertion of new pt 15, div 1, hdg
89. Insertion of new s 200A
90. Amendment of s 201 (Evidentiary provisions)
91. Insertion of new pt 15, divs 2-4
92. Replacement of pt 16 (Appeals)
93. Amendment of s 205 (False or misleading documents)
94. Amendment of s 205A (Inquiries about person's suitability to conduct examinations or conduct training programs)
95. Insertion of new s 205B
96. Amendment of s 206 (Signals of distress)
97. Replacement of s 215 (Pilotage fees and conservancy dues)
98. Amendment of 217 (Regulations about aquatic events and activities)
99. Amendment of s 218 (Other matters for regulations)
100. Insertion of new s 219
101. Insertion of new pt 19, div 1, hdg
102. Omission of s 224 (Existing approvals, consents, licences, permits etc.)
103. Replacement of pt 20, hdg (Transitional provisions for Maritime Safety Queensland Act 2002)
104. Amendment of s 225 (Definitions for pt 20)
105. Insertion of new pt 19, div 3 and schedule
Part 5--Amendment of other legislation
Division 1--Amendment of Transport Infrastructure Act 1994
106. Act amended in div 1
107. Amendment of s 84B (State toll road corridor land on rail corridor land)
108. Amendment of s 85 (Power to enter into road franchise agreements)
109. Insertion of new s 85A
110. Amendment of s 90 (Application of other provisions of this chapter)
111. Amendment of s 92 (Definitions for pt 7)
112. Amendment of s 94 (Liability for toll and user administration charge and satisfying the liability)
113. Amendment of s 96 (Application of div 3)
114. Amendment of s 97 (Definition for div 3)
115. Amendment of s 98 (Liability for administration charge in addition to unpaid toll and user administration charge)
116. Amendment of s 105B (Definitions for pt 8)
117. Omission of s 105D (Local government to keep Minister informed)
118. Amendment of s 105E (Minister may amend approval)
119. Amendment of s 105F (When approval has effect)
120. Replacement of s 105G (State not liable for loss relating to approved tollway project)
121. Amendment of s 105H (Declaration of land as local government tollway corridor land)
122. Amendment of s 105Y (Power to enter into tollway franchise agreements)
123. Replacement of s 105ZA (Annual report on operation of part)
124. Replacement of ch 6, pt 8, div 6, hdg (Local government tollways)
125. Replacement of ch 6, pt 8, div 6, sdiv 1 (Declaration of local government tollways)
126. Amendment of s 105ZF (Definition for sdiv 3)
127. Amendment of s 105ZG (Liability for administration charge in addition to unpaid toll and user administration charge)
128. Insertion of new ch 6, pt 8, div 7
129. Amendment of s 249 (Railways on particular roads)
130. Amendment of s 275 (Functions of port authorities)
131. Amendment of s 285 (Land use plans)
132. Amendment of sch 5 (Matters for notice for toll road or local government tollway)
133. Insertion of new sch 5A
134. Amendment of sch 6 (Dictionary)
Division 2--Amendment of Transport Operations (Passenger Transport) Act 1994
135. Act amended in div 2
136. Insertion of new s 83A
137. Insertion of new s 145
138. Insertion of new ch 13, pt 4
139. Amendment of sch 3 (Dictionary)
Division 3--Amendment of Transport Operations (Road Use Management) Act 1995
140. Act amended in div 3
141. Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited)
142. Insertion of new s 79AA
143. Insertion of new ss 79B-79D
143A. Amendment of s 80 (Provisions with respect to breath tests and laboratory tests)
144. Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences)
144A. Insertion of new ss 90A-90D
145. Insertion of new s 150AB
146. Insertion of new ch 7, pt 8
Division 4--Amendment of Transport Planning and Coordination Act 1994
147. Act amended in div 4
148. Amendment of s 28D (Powers regarding property)
149. Insertion of new s 28DA
Division 5--Other minor amendments of legislation
150. Other minor amendments
SCHEDULE 1 OTHER MINOR AMENDMENTS OF LEGISLATION
SCHEDULE 2 AMENDMENT OF WATERWAY TRANSPORT MANAGEMENT PLANS UNDER THE TRANSPORT INFRASTRUCTURE ACT 1994
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