Queensland Numbered Acts

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MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 21 - SECT 92

92 Replacement of pt 16 (Appeals)

Part 16--

omit, insert--

'In this part--

disclosing person see section 202P(1).

official means--

(a) the chief executive; or
(b) the general manager; or
(c) a harbour master; or
(d) a shipping inspector.

reprisal see section 202R(3).

'(1) This part applies to a person other than a person who makes a disclosure as a public officer under the Whistleblowers Protection Act 1994.

'(2) If a disclosure is made under the Whistleblowers Protection Act 1994, this part does not limit the application of that Act and that Act does limit the application of this part.

'(1) A person (the disclosing person) is not civilly or criminally liable for disclosing information to an official about a person's conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act.

'(2) Without limiting subsection (1)--

(a) in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and
(b) if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not--
(i) contravene the Act, oath, rule of law or practice by making the disclosure; or
(ii) breach the agreement by making the disclosure.

'(3) In this section--

agreement includes a contract or deed.

'(1) The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official.

'(2) However, a court may have regard to the disclosure if the disclosing person is prosecuted for an offence involving the conduct and either of the following applies--

(a) the disclosing person is the master of a ship and his or her conduct was in compliance with an express instruction of the owner of the ship or someone authorised by the owner to give the instruction;
(b) the disclosing person is another member of a ship's crew and his or her conduct was in compliance with an express instruction of the master of the ship or someone authorised by the master to give the instruction.

'(3) Subsection (2) does not limit the Penalties and Sentences Act 1992.

'(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, anybody has made, or may make, a disclosure as mentioned in section 202P(1).

'(2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.

'(3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.

'(4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.

'(5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

'(1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.

'(2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.

'(3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.

'(4) This section does not limit any other remedy that may be available at law to the person against whom the reprisal is taken.

'A person must not, for section 202P(1), state anything to an official that the person knows is false or misleading in a material particular.

Maximum penalty--200 penalty units.

'(1) A person must not, for section 202P(1), give an official a document containing information the person knows is false or misleading in a material particular.

Maximum penalty--200 penalty units.

'(2) Subsection (1) does not apply to a person if the person, when giving the document--

(a) informs the official, to the best of the person's ability, how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information, gives the correct information.

'In this part--

appropriate appeal court means a court to which a reviewed decision may be appealed under section 203E.

delegate, of the chief executive or general manager, means a person who makes a decision as the delegate of the chief executive or general manger.

original decision means a decision made under this Act by the chief executive, the general manager, a delegate of the chief executive or general manger, a harbour master or a shipping inspector, other than--

(a) a decision mentioned in section 203B; or
(b) a decision made, or taken to be made, by the chief executive or general manager that confirms or amends a decision, or substitutes another decision, that has been the subject of an application for review.

reviewed decision see section 203C(1).

'The main purposes of this part are to provide for--

(a) reviews of particular decisions made under this Act and appeals from the decisions made on review, whether the decisions are made by the chief executive, the general manager, a delegate of the chief executive or general manager, a harbour master or a shipping inspector; and
(b) the application of the Transport Planning and Coordination Act 1994, part 5, divisions 2 and 3;6 and
(c) appeals from decisions under section 202A, including, for example, decisions disqualifying persons from holding or obtaining licences.

'(1) A person whose interests are affected by an original decision may ask the following to review it--

(a) if the original decision was made by the chief executive or a delegate of the chief executive--the chief executive;
(b) otherwise--the general manager.

'(2) The Transport Planning and Coordination Act 1994, part 5, division 2--

(a) applies to the review; and
(b) provides--
(i) for the procedure for applying for the review and the way it is to be carried out; and
(ii) that the original decision may be stayed by the person applying to--

'(3) For the application of the Transport Planning and Coordination Act 1994, part 5, division 2, if the original decision was made by the general manager or a delegate of the general manger, a reference to the chief executive in that division, including, for example, sections 33 and 34 of that Act, is taken to be a reference to the general manager.

'(1) This section applies if the chief executive or general manager--

(a) confirms or amends an original decision or substitutes another decision (the reviewed decision); or
(b) is taken to have made a decision confirming an original decision (also the reviewed decision).

'(2) The person may appeal against the reviewed decision to the appropriate appeal court.

'(3) The Transport Planning and Coordination Act 1994, part 5, division 3--

(a) applies to the appeal; and
(b) provides--
(i) for the procedure for the appeal and the way it is to be disposed of; and
(ii) that the reviewed decision may be stayed by the person applying to the appropriate appeal court.

'(4) For the application of the Transport Planning and Coordination Act 1994, part 5, division 3, if the reviewed decision was made, or is taken to have been made, by the general manager, a reference in that division to the chief executive is taken to be a reference to the general manager.

'The following decisions can not be appealed against or be the subject of a review--

(a) a decision of the Governor in Council;
(b) a decision of the Minister about the Marine Board or a board of inquiry;
(c) a decision of the chief executive or general manager about a standard.

'(1) A person whose interests are affected by a reviewed decision under this Act about any of the following matters may appeal against the decision to the District Court--

(a) the registration of a ship;
(b) a certificate of compliance or survey for a ship;
(c) the licensing of a person to be the master, a crew member or a pilot of a ship;
(d) the accreditation of a person as a ship designer, ship builder or marine surveyor;
(e) the approval of the design of a ship or part of a ship;
(f) a decision declared under a regulation to be a decision against which an appeal may be made to the District Court.

'(2) A person whose interests are affected by another reviewed decision under this Act may appeal against the decision to a Magistrates Court.

'(1) This section applies to a person who, because of a conviction for an offence mentioned in section 202A(1), is disqualified from holding or obtaining a licence by an order under section 202A.

'(2) The disqualified person may appeal against the order in the same way the person may appeal against the conviction.

'(3) The court deciding the appeal may, having regard to the circumstances of the case and as it considers appropriate--

(a) by order, remove the disqualification on and from a date stated in the order; or
(b) dismiss the appeal.

'(4) A relevant clerk of the court deciding the appeal must give information about the outcome of the appeal to the chief executive.

'(5) If the disqualified person starts an appeal against the conviction, the disqualification is suspended pending the decision on the appeal.

'(6) However, subject to any decision of a court on the appeal, the part of the period of disqualification that had not expired when the suspension began to operate takes effect from the date of decision of the appeal.'.



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