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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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