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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MARINE SAFETY BILL 1994
Queensland
MARINE SAFETY BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Object of Act
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 3--Interpretation and basic concepts
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 Meaning of "certificate of compliance" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Meaning of ship "connected with Queensland" . . . . . . . . . . . . . . . . . . . . . . 16
7 Meaning of "master" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Meaning of "operates" a ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Meaning of "owner" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Meaning of "ship" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Application of Act
11 General application of Act to ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Relationship with Commonwealth Navigation Act generally . . . . . . . . . . . 18
13 Aids to navigation--relationship with Commonwealth Acts . . . . . . . . . . . . 20
14 Marine incidents required to be reported under Commonwealth
Navigation Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Section 11 subject to certain provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Defence ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 5--Operation of Act
17 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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18 Exemption of person or ship from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Departmental report on operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 2--HOW TO UNDERSTAND THIS ACT
20 To which ships does this Act apply? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Achieving an appropriate balance between safety and cost . . . . . . . . . . . . 22
22 What is the system that is established? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 What is a standard? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 What happens if a person does not comply with a relevant standard? . . . . 24
25 What happens if a ship has a certificate of compliance or survey? . . . . . . 24
26 What mechanisms ensure safety? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 How is safety in Queensland waters achieved? . . . . . . . . . . . . . . . . . . . . . . 26
28 How are harbour masters and shipping inspectors accountable? . . . . . . . . . 26
29 How is the chief executive accountable? . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Does the Act mention everything that will appear in the
regulations and standards? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Operation of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 3--GENERAL SAFETY OBLIGATIONS AND
STANDARDS
Division 1--General safety obligations
32 General safety obligation of ship designers and builders and
marine surveyors about condition of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 General safety obligation of ship owners and masters about
condition of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Relationship between regulatory provisions and general safety
obligations about the condition of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 General obligation on persons involved with operation of ship to
operate it safely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Safety equipment obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Standards
37 Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
38 Contents of standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
39 Notice of proposal to prepare draft standard . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Preparation of draft standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
41 Notice of draft standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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42 Making of standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43 Interim standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
44 Approval of standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45 Regulations prevail over standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
46 Review of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 4--REGISTRATION, LICENSING, PERMITS AND
ACCREDITATION
Division 1--Application of Part
47 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 2--Registration of ships
48 Regulation may require registration of ship . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49 Contravention of registration obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Registration, amendment, renewal and transfer etc. . . . . . . . . . . . . . . . . . . . 35
51 Cancellation, suspension and amendment of registration . . . . . . . . . . . . . . 35
Division 3--Licensing of masters, crew members and pilots
52 Regulation may require licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Operation of ship as master etc. without required licence . . . . . . . . . . . . . . 35
54 Grant, amendment and renewal of licences . . . . . . . . . . . . . . . . . . . . . . . . . 36
55 Cancellation, suspension and amendment of licences . . . . . . . . . . . . . . . . . 36
Division 4--Accreditation of ship designers, ship builders and
marine surveyors
56 Object of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Regulation may provide for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 Design of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 Building of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 Surveying of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Grant, amendment or renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . . 38
62 Cancellation, suspension and amendment of accreditation . . . . . . . . . . . . . 38
PART 5--PILOTAGE AREAS
63 Declaration and closing of pilotage areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
64 Harbour master may permit ship navigation in closed pilotage area . . . . . 38
65 Failure to comply with closure of pilotage area . . . . . . . . . . . . . . . . . . . . . . 39
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PART 6--HARBOUR MASTERS
Division 1--General
66 Appointment of harbour masters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Only qualified persons may be appointed as harbour masters . . . . . . . . . . . 39
68 Limitations on powers of a harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . 40
69 Harbour master to consult with port authority . . . . . . . . . . . . . . . . . . . . . . . . 40
70 End of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
71 Delegation by harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
72 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
73 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
74 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
75 Harbour masters to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . 42
76 Impersonation of harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
77 Obstruction of harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Powers of harbour masters
Subdivision A--Powers of direction
78 General limitation on harbour master's power to give directions
under Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
79 Power of Minister to require directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
80 Direction to master about operation of ship . . . . . . . . . . . . . . . . . . . . . . . . . . 44
81 Direction to person in charge of a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
82 Direction to person carrying out works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
83 Direction to person about obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
84 Direction to person to put out certain lights etc. . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision B--Other powers
85 Harbour master may carry out direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
86 Recovery by State of expenses of carrying out direction . . . . . . . . . . . . . . . 47
87 Temporary closure of pilotage area by harbour master . . . . . . . . . . . . . . . . . 47
88 Harbour master may permit ship navigation in closed pilotage area . . . . . 47
89 Failure to comply with closure of pilotage area by harbour master . . . . . . 48
PART 7--PILOTS
90 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
91 Pilots required for ship navigation in pilotage areas . . . . . . . . . . . . . . . . . . . 48
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92 Regulations about pilotage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
93 Immunity for pilots and their employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
94 Liability of owner or master of ship under pilotage . . . . . . . . . . . . . . . . . . . 49
95 Offence of impersonating a pilot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 8--AIDS TO NAVIGATION
96 Meaning of "aid to navigation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
97 Chief executive may set up aid to navigation . . . . . . . . . . . . . . . . . . . . . . . . 51
98 Unlawful interference with an aid to navigation . . . . . . . . . . . . . . . . . . . . . . 51
99 Trespassing on aid to navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 9--MARITIME INDUSTRY CONSULTATIVE COUNCIL
Division 1--The Council
100 Establishment of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
101 Function of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
102 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Meetings of Council
103 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
104 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
105 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
106 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
107 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3--Provisions about appointed members
108 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
109 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
110 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
111 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
112 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 4--Miscellaneous
113 Administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
114 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 10--MARINE INCIDENTS
115 What is a marine incident? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
116 Duties of masters to help if a marine incident happens involving
2 or more ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
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117 Marine incidents must be reported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
118 Investigation process into marine incident . . . . . . . . . . . . . . . . . . . . . . . . . . 58
119 Regular reports of marine incidents to Minister . . . . . . . . . . . . . . . . . . . . . . 58
120 Report and any recommendations to be tabled . . . . . . . . . . . . . . . . . . . . . . . 59
121 Report of dangers to navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
122 Obligation of master to give help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 11--BOARDS OF INQUIRY
Division 1--General
123 Minister may establish or re-establish boards of inquiry . . . . . . . . . . . . . . . 61
124 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
125 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
126 Chief executive to arrange for services of staff and financial
matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
127 Shipping inspector may exercise powers for board's inquiry . . . . . . . . . . . . 62
Division 2--Conduct of inquiry
128 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
129 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
130 Inquiry to be held in public other than in special circumstances . . . . . . . . 63
131 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 63
132 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
133 Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
134 Board's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
135 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
136 Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
137 Inquiry may continue despite court proceedings unless otherwise
ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
138 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
139 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
140 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
141 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
142 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
143 Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
144 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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PART 12--SHIPPING INSPECTORS
Division 1--General
145 Functions of shipping inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
146 Shipping inspectors subject to directions from chief executive . . . . . . . . . . 69
147 Powers of shipping inspectors under this Part . . . . . . . . . . . . . . . . . . . . . . . . 69
148 Limitation on powers of a shipping inspector . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 2--Appointment of shipping inspectors and other matters
149 Appointment of shipping inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
150 Conditions of appointment of shipping inspectors . . . . . . . . . . . . . . . . . . . . . 70
151 Shipping inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
152 Display of shipping inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . 71
153 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 3--Powers of shipping inspectors
154 Entry to place by shipping inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
155 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
156 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 73
157 Boarding of ships and entry of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
158 Boarding of ship that is moving or about to move . . . . . . . . . . . . . . . . . . . . 75
159 Shipping inspector's general powers for ships, vehicles and places . . . . . . 75
160 Power to seize after boarding ship or entering a vehicle . . . . . . . . . . . . . . . 77
161 Power to seize evidence from places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
162 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
163 Shipping inspector may direct that ship stays at, or goes to, safe
anchorage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
164 Shipping inspector may direct ship is surveyed and order repairs . . . . . . . . 80
Division 4--Other enforcement powers of shipping inspectors
165 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
166 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 81
167 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 5--Other enforcement matters
168 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
169 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
170 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
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171 Shipping inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 84
172 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
173 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
174 Obstruction of shipping inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
175 Impersonation of shipping inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 13--ORDERLY CONTROL OVER SHIPS
Division 1--General
176 Illegal boarding of or remaining alongside or hovering near a ship . . . . . . . 86
177 Offence of failing to leave a ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
178 Unlawful interference with ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2--Passenger carrying ships
179 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
180 Exclusion of person from ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
181 Miscellaneous offences by passengers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 87
182 Obstruction of master or crew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
183 Arrest by ship's master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 14--PROCEEDINGS
184 Jurisdiction preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
185 Jurisdiction for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
186 Presumption of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
187 Jurisdiction over ships lying or passing off the coast or in or near
navigable waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
188 Offences are summary unless expressly indictable etc. . . . . . . . . . . . . . . . . 89
189 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
190 Limitation on who may summarily hear indictable offence proceedings . . 90
191 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 91
192 Special provision for service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 91
193 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
194 Conduct of company directors, employees or agents . . . . . . . . . . . . . . . . . . 93
PART 15--APPEALS
195 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
196 Time for making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
9
Marine Safety Bill
PART 16--MISCELLANEOUS
197 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
198 Signals of distress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
PART 17--REGULATIONS
199 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
200 Marine safety regulations--generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
201 Regulations about fees and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
202 Penalties under regulations to be limited . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
203 Regulation may give effect to treaties, conventions or
international agreements or documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
204 Regulations may give effect to Uniform Shipping Laws Code . . . . . . . . . . 99
205 Regulations about dangerous substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
206 Regulations about signals of distress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
207 Pilotage fees and conservancy dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
208 Detention of ships for unpaid fees etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
209 Regulations about aquatic events and activities . . . . . . . . . . . . . . . . . . . . . 101
210 Other matters for regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
PART 18--TRANSITIONAL PROVISIONS
211 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
212 References to former Act etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
213 Dissolution of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
214 Vesting of assets and liabilities of Board . . . . . . . . . . . . . . . . . . . . . . . . . . 103
215 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
216 Existing approvals, consents, licences and permits . . . . . . . . . . . . . . . . . . 104
217 Registration of ship continues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
218 Harbour masters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
219 Shipping inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
220 Issue of approval without formal application . . . . . . . . . . . . . . . . . . . . . . . . 105
221 Issue of registration without formal application . . . . . . . . . . . . . . . . . . . . . 105
222 Existing orders and other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
223 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
224 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
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Marine Safety Bill
PART 19--REPEALS AND AMENDMENTS
225 Repeals--Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
226 Amendments--Schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 108
REPEALED ACTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 109
AMENDMENTS
BEACH PROTECTION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
EXPLOSIVES ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
HARBOURS ACT 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
OFF-SHORE FACILITIES ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . 115
WORKPLACE HEALTH AND SAFETY ACT 1989 . . . . . . . . . . . . . . . . . 115
1994
A BILL
FOR
An Act about marine safety and other matters
12
Marine Safety Bill
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
Clause1. This Act may be cited as the Marine Safety Act 1994. 5
6
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Object of Act 8
9
Object
The object of this Act is to achieve an appropriate balance 10
Clause3.(1)
between-- 11
(a) regulating the maritime industry to ensure marine safety; and 12
(b) enabling the development of the effectiveness and efficiency of 13
the Queensland maritime industry. 14
(2) The object is to be achieved mainly by imposing general safety 15
obligations to ensure seaworthiness and other aspects of marine safety, and 16
allowing a general safety obligation to be discharged by complying with 17
relevant standards or in other appropriate ways chosen by the person on 18
whom the obligation is imposed. 19
(3) In particular, a ship may be taken to sufficiently comply with the 20
general safety obligation even though a certificate of survey has not been 21
issued for the ship. 22
(4) The object of the Act is also achieved by establishing the Maritime 23
13
Marine Safety Bill
Industry Consultative Council as a representative body to advise the 1
Minister. 2
(5) The object of the Act, and how it is achieved, is further explained in 3
Part 2 (How to understand this Act). 4
3--Interpretation and basic concepts 5
Division
6
Definitions
In this Act-- 7
Clause4.
"accredited" ship designer, ship builder or marine surveyor means a ship 8
designer, ship builder or marine surveyor accredited under a 9
regulation; 10
"aid to navigation" has the meaning given by section 96 (Meaning of "aid 11
to navigation"); 12
"approval" means-- 13
(a) registration of a ship; or 14
(b) licensing a person as a master, crew member or pilot; or 15
(c) accreditation of an entity to license a person as a master, crew 16
member or a pilot; or 17
(d) permitting a person to operate a ship as its master or a pilot; or 18
(e) accreditation of a ship designer or builder or a marine surveyor; 19
"building" of a ship includes altering the ship, or replacing a part of the 20
ship, if the alteration or replacement is declared, under a regulation, to 21
be an alteration or replacement that may affect marine safety; 22
"causes" includes-- 23
(a) for a marine incident, includes substantially contributing to the 24
marine incident; and 25
(b) for the death of, or grievous bodily harm to, a person, includes 26
substantially contributing to the death of, or grievous bodily harm 27
to, the person; 28
"certificate of compliance" has the meaning given by section 5 (Meaning 29
14
Marine Safety Bill
of "certificate of compliance"); 1
"certificate of survey", for a ship, means a certificate of survey issued for 2
the ship under a regulation; 3
"Commonwealth Navigation Act" means the Navigation Act 1912 4
(Cwlth); 5
"connected with Queensland", for a ship, has the meaning given by 6
section 6 (Meaning of ship "connected with Queensland"); 7
"grievous bodily harm" has the meaning given by the Criminal Code; 8
"harbour master" means a person who is appointed under this Act as a 9
harbour master; 10
"interstate voyage" has the meaning given by the Commonwealth 11
Navigation Act; 12
"licence" includes a certificate of competency, service or recognition and a 13
permit; 14
"marine incident" has the meaning given by section 115 (What is a 15
marine incident?); 16
"master" has the meaning given by section 7 (Meaning of "master"); 17
"obstruct" includes hinder, resist and attempt to obstruct; 18
"operation" of a ship by an owner has the meaning given by section 8 19
(Meaning of "operates" a ship); 20
"overseas voyage" has the meaning given by the Commonwealth 21
Navigation Act; 22
"owner" of a ship has the meaning given by section 9 (Meaning of 23
"owner"); 24
"person in control" includes-- 25
(a) for a ship--the ship's master or the person who appears to be the 26
ship's master; and 27
(b) for a vehicle--the vehicle's driver or the person who appears to 28
be the vehicle's driver; 29
"pilot" means a person licensed under a regulation as a pilot and who, 30
when on board a ship, has the conduct of it even though the person 31
does not belong to the ship; 32
15
Marine Safety Bill
"pilotage area" means an area of Queensland waters that is declared under 1
this Act to be a pilotage area; 2
"place" includes land and premises, but does not include a ship or vehicle; 3
"port" means a port or harbour under the Harbours Act 1955; 4
"premises" includes-- 5
(a) a building or other structure or part of a building or other 6
structure; and 7
(b) land where a building or other structure is situated; 8
"Queensland intrastate voyage" means a voyage beginning or ending in 9
Queensland waters, other than an interstate or overseas voyage; 10
"set up" an aid to navigation includes-- 11
(a) building, erecting or placing the aid; and 12
(b) adding to, altering or removing the aid; and 13
(c) changing its character or the way it exhibits its lights; and 14
(d) maintaining the aid; 15
"ship" means a ship within the meaning given by section 10 (Meaning of 16
"ship"), and includes the ship's equipment; 17
"shipping inspector" means a person who is appointed under this Act as a 18
shipping inspector, and includes a harbour master; 19
"standard" includes an interim standard; 20
"vehicle" includes an aircraft, but does not include a ship. 21
of "certificate of compliance" 22
Meaning
A "certificate of compliance" for a ship is a certificate issued 23
Clause5.(1)
for the ship, or a part of the ship, under a regulation by an accredited ship 24
designer or builder or marine surveyor. 25
(2) A certificate of compliance issued for a ship, or a part of a ship, by an 26
accredited ship designer or builder or marine surveyor must include a 27
declaration to the effect of the appropriate declaration prescribed by 28
regulation about the ship's seaworthiness. 29
16
Marine Safety Bill
(3) A regulation may require or permit a certificate of compliance issued 1
for a ship, or a part of a ship, to deal with other issues about the ship's 2
condition that affects marine safety, including, for example, a declaration 3
about compliance with specified standards and specified provisions of 4
specified standards. 5
of ship "connected with Queensland" 6
Meaning
A ship is "connected with Queensland" if-- 7
Clause6.
(a) it is registered under the Shipping Registration Act 1981 (Cwlth) 8
with a home port in Queensland; or 9
(b) it is, or is required to be, registered or licensed under this or 10
another Act; or 11
(c) it is owned or chartered by-- 12
(i) an individual whose place of residence, or principal place of 13
residence, is in Queensland; or 14
(ii) a person whose place of business, or principal place of 15
business, is in Queensland; or 16
(iii) a person whose principal place of business for managing the 17
ship's operations is in Queensland; or 18
(d) it is a ship declared by regulation to be a ship connected with 19
Queensland. 20
of "master" 21
Meaning
The master of a ship is the person having command or charge 22
Clause7.(1)
of the ship. 23
(2) A pilot having the conduct of a ship, but not belonging to the ship, is 24
not the master of the ship. 25
of "operates" a ship 26
Meaning
An owner of a ship "operates" the ship if the owner operates the 27
Clause8.
ship or causes or allows it to be operated by someone else. 28
17
Marine Safety Bill
of "owner" 1
Meaning
The "owner" of a ship is the person who owns the ship, 2
Clause9.(1)
whether or not the person is registered as the ship's owner. 3
(2) The "owner" of a ship includes a person who-- 4
(a) exercises, or purports to exercise, powers of the owner; and 5
(b) operates the ship or causes or allows it to be operated by someone 6
else. 7
8
Example 1--
9
If a ship's owner lives outside Queensland, and the owner appoints an agent in
10
Queensland to exercise the owner's powers and operate the ship, the agent is an
11
owner of the ship.
12
Example 2--
13
If, under a charter, a person has exclusive possession of a ship and may operate
14
the ship, the person is an owner of the ship.
15
Example 3--
16
If a bank becomes the mortgagee in possession of a ship and operates it, the bank
17
is an owner of the ship.
of "ship" 18
Meaning
A "ship" is any kind of boat or other vessel used or, for a boat 19
Clause10.(1)
or other vessel being built, intended to be used, in navigation by water or for 20
any other purpose on water. 21
(2) Without limiting subsection (1), a "ship" includes a boat or other 22
vessel-- 23
(a) whatever its size; and 24
(b) however it is propelled or moved. 25
(3) A "ship" includes, for example-- 26
(a) a barge, lighter or other floating vessel; and 27
(b) a hovercraft or other surface effect craft. 28
(4) A "ship" does not include a vessel declared by regulation not to be a 29
ship. 30
18
Marine Safety Bill
(5) A regulation may provide that a ship includes an aircraft when it is on 1
water or is taking off, or landing on, water. 2
(6) Except as provided by a regulation under subsection (5), a ship does 3
not include an aircraft. 4
4--Application of Act 5
Division
application of Act to ships 6
General
Clause11.(1) This Act applies to the following ships-- 7
(a) all ships connected with Queensland, wherever they may be; 8
(b) all ships in a pilotage area or port; 9
(c) all ships on Queensland intrastate voyages; 10
(d) all ships on interstate voyages while they are in Queensland 11
waters; 12
(e) all ships on overseas voyages while they are in Queensland 13
waters. 14
(2) Subsection (1) is subject to this Division. 15
(3) For the purposes of this section, a ship is taken to be on a voyage 16
from when it gets under way for the voyage until it gets under way for 17
another voyage. 18
with Commonwealth Navigation Act generally 19
Relationship
This Act does not apply to a ship to the extent that the 20
Clause12.(1)
Commonwealth Navigation Act applies to the ship. 21
(2) However, if the Commonwealth Navigation Act provides that it does 22
not apply to a matter if a State Act deals with the matter and this Act makes 23
provision for the matter, this Act applies to the ship to the extent of the 24
provision made for the matter. 25
26
Example--
27
Section 2(1) of the Commonwealth Navigation Act provides as follows--
28
`Except in so far as the application of this section is expressly excluded by a
19
Marine Safety Bill
1
provision of this Act, this Act does not apply in relation to:
2
(a) a trading ship proceeding on a voyage other than an overseas voyage or
3
an inter-State voyage;
4
(b) an Australian fishing vessel proceeding on a voyage other than an
5
overseas voyage;
6
(c) an inland waterways vessel; or
7
(d) a pleasure craft;
8
or in relation to its owner, master or crew.'
9
Section 258(2A) to (2C) of the Commonwealth Navigation Act provides as
10
follows--
11
`(2A) The regulations, so far as they give effect to the Prevention of Collisions
12
Convention, apply, despite section 2, in relation to ships in the areas constituted by:
13
(a) the high seas; and
14
(b) the territorial sea of Australia; and
15
(c) the sea on the landward side of the territorial sea of Australia; and
16
(d) waters other than waters of the sea;
17
as provided by subsections (2B) to (2E) (inclusive).
18
`(2B) The regulations mentioned in subsection (2A) apply in relation to a ship
19
(other than a ship of a kind referred to in subsection 2(1)) while the ship is in any of
20
the areas mentioned in subsection (2A).
21
`(2C) Subsection (2B) is not intended to exclude the operation of a State or
22
Territory law, being a law that gives effect to the Prevention of Collisions
23
Convention, in relation to a ship while it is in the area mentioned in
24
paragraph (2A)(b), (c) or (d).'
25
Section 2 of the Queensland Marine (Prevention of Collisions) Regulation 1992
26
made under the Queensland Marine Act 1958 provides as follows--
27
`2. The Schedule to section 16 of the Uniform Shipping Laws Code
28
(Commonwealth) applies to all vessels in Queensland waters, with all necessary
29
modifications and any prescribed modifications, as if the Schedule were a regulation
30
made under the Act.'
31
The Queensland regulation is a State law giving effect to the Prevention of
32
Collisions Convention in relation to vessels in Queensland waters. Section 258(2C)
33
of the Commonwealth Navigation Act, therefore, applies to the Queensland
34
regulation. Because of the operation of the Commonwealth provisions, the
35
Queensland regulation rather than the Commonwealth Navigation Act gives effect to
36
the Convention in relation to vessels in Queensland waters. It is intended that a
37
similar result should be achieved under this Act.
20
Marine Safety Bill
to navigation--relationship with Commonwealth Acts 1
Aids
This Act does not apply to an aid to navigation to the extent to 2
Clause13.
which the Commonwealth Navigation Act or another Commonwealth Act 3
applies to the aid to navigation. 4
incidents required to be reported under Commonwealth 5
Marine
Navigation Act 6
This Act does not apply to a marine incident if the incident is 7
Clause14.(1)
required to be reported under the Commonwealth Navigation Act. 8
(2) This section does not limit section 12 (Relationship with 9
Commonwealth Navigation Act generally). 10
11 subject to certain provisions 11
Section
The provisions of this Act to which section 11 (General 12
Clause15.(1)
application of Act to ships) is subject include the following provisions-- 13
· section 47 (Application) (that deals with the application of Part 4 14
(Registration, licensing, permits and accreditation)) 15
· section 90 (Application of Part) (that deals with the application of 16
Part 7 (Pilots)) 17
· section 179 (Application of Division) (that deals with the 18
application of Part 13 (Orderly control over ships), Division 2 19
(Passenger carrying ships)). 20
(2) Section 11 is also subject to a regulation that expressly excludes the 21
application of this section, in whole or in part. 22
ships 23
Defence
Clause16.(1) This Act does not apply to a ship belonging to-- 24
(a) the Australian Defence Force; or 25
(b) the naval, military or air forces of a foreign country. 26
(2) However, if the master of a ship mentioned in subsection (1) 27
voluntarily uses the services of a pilot, the master and owner of the ship are 28
liable for pilotage fees under this Act. 29
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Marine Safety Bill
5--Operation of Act 1
Division
binds all persons 2
Act
This Act binds all persons, including the State and, so far as the 3
Clause17.
legislative power of the Parliament permits, the Commonwealth, the other 4
States and the Territories. 5
of person or ship from Act 6
Exemption
A regulation may exempt a person or ship from this Act or 7
Clause18.(1)
any of its provisions. 8
(2) The exemption may be given on specified conditions. 9
(3) If an exemption is given on conditions, the exemption operates only 10
if the conditions are complied with. 11
report on operation of Act 12
Departmental
Each annual report of the department must include a report on 13
Clause19.(1)
the Act's operation during the financial year to which the report relates. 14
(2) The report must include-- 15
(a) a statement about the extent to which the object of the Act was 16
achieved during the year; and 17
(b) a statement about how, and the extent to which, the department 18
ensured that the object was achieved; and 19
(c) performance indicators for the administration of the Act and their 20
application to the year. 21
ART 2--HOW TO UNDERSTAND THIS ACT 22
P
which ships does this Act apply? 23
To
The power to legislate for ships is shared between the 24
Clause20.(1)
22
Marine Safety Bill
Commonwealth and the States and Territories. 1
(2) As a general rule, this Act does not apply to a ship to the extent to 2
which the Commonwealth Navigation Act applies to the ship.1 3
(3) The application of the Commonwealth Navigation Act to ships varies 4
throughout the Act depending on the subject matter of the provisions 5
concerned.2 6
(4) Section 11(1) (General application of Act to ships) provides a general 7
statement of the ships to which this Act applies.3 8
(5) This general statement is, however, subject to the application of the 9
Commonwealth Navigation Act and certain provisions of the Act and 10
regulations. 11
(6) Section 15 (Section 11 subject to certain provisions) specifies the 12
main exceptions to the general statement.4 13
an appropriate balance between safety and cost 14
Achieving
Clause21.(1) This Act is about marine safety. 15
(2) Even though it is possible to regulate to achieve the highest level of 16
safety, this would ignore the impact of the regulation on the effectiveness 17
and efficiency on the Queensland maritime industry. 18
(3) Therefore, this Act establishes a system to achieve an appropriate 19
balance between safety and cost. 20
1 See section 12(1) (Relationship with Commonwealth Navigation Act generally).
2 Section 2(1) of the Commonwealth Navigation Act is the general application
provision of that Act. The provision is set out in the example to section 12. The
example illustrates the complexity of the application of the Commonwealth
Navigation Act.
3 In general terms, these are ships with a sufficient ownership, operational or
registration connection with Queensland, ships in Queensland pilotage areas,
ports and waters and ships on Queensland intrastate voyages.
4 See also section 16 (Defence ships).
23
Marine Safety Bill
is the system that is established? 1
What
The Act imposes general obligations for safety on the 2
Clause22.(1)
following people in the maritime industry-- 3
· ship designers 4
· ship builders 5
· marine surveyors 6
· ship owners (including operators) 7
· ship masters and crew 8
· pilots. 9
(2) These general safety obligations are generally intended to be 10
performance based rather than prescriptive and to allow people to find more 11
cost efficient ways of achieving safety. 12
(3) Thus, for example, to establish compliance with a general safety 13
obligation about the way a ship is built and enable a ship to be registered, 14
some people may choose to rely on a certificate of compliance issued for 15
the ship by an appropriately accredited person. 16
(4) Other people may, however, prefer to have a ship surveyed and to 17
obtain a certificate of survey for a definite time. 18
(5) To allow a choice to be made between the 2 approaches, the Act 19
provides, under the regulations, for the issue of both certificates of 20
compliance and certificates of survey. 21
is a standard? 22
What
Standards will help people to understand the general safety 23
Clause23.(1)
obligations. 24
(2) Standards may deal with most matters about marine safety and issues 25
affecting marine safety that may be dealt with by regulation, including, for 26
example, the building, crewing and operation of ships and cargo handling. 27
(3) However, a standard may not prescribe offences, fees or charges. 28
(4) Standards are made by the chief executive and approved by the 29
Governor in Council by regulation. 30
24
Marine Safety Bill
(5) The chief executive must go through a consultation process before a 1
standard can be approved, including seeking the advice of the Maritime 2
Industry Consultative Council.5 3
(6) This consultation process allows people in the maritime industry to 4
comment on a standard and make suggestions for changes, including 5
changes that may result in a more effective and efficient maritime industry. 6
happens if a person does not comply with a relevant standard? 7
What
If a person does not comply with a relevant standard, this may 8
Clause24.(1)
establish noncompliance with a general safety obligation. 9
(2) However, the court may be satisfied that the ship was safe even 10
though the standard was not complied with.6 11
12
Example--
13
If a ship designer designs a ship that does not comply with a standard for the
14
design of a ship of the type being designed, the noncompliance with the standard
15
may establish that the seaworthiness declaration made by the ship designer was not
16
correct. However, the ship designer may satisfy the court that the ship was
17
seaworthy, despite the standard.
happens if a ship has a certificate of compliance or survey? 18
What
A certificate of compliance or certificate of survey for a ship 19
Clause25.
issued under this Act or by another recognised authority may be used to 20
establish that a general safety obligation has been complied with in whole or 21
part.7 22
5 The Maritime Industry Consultative Council is established by Part 9 (Maritime
Industry Consultative Council).
6 See section 34 (Relationship between regulatory provisions and general safety
obligations about the condition of ships) for a fuller statement.
7 See section 34(3)(a).
25
Marine Safety Bill
mechanisms ensure safety? 1
What
There are various mechanisms in the Act to ensure safety, 2
Clause26.
including, for example, the following-- 3
(a) certain key groups of people need to be licensed or accredited 4
under the Act and will be regulated under the licensing or 5
accreditation system; 6
(b) accredited ship designers and builders and marine surveyors are 7
responsible for ensuring the correctness of important safety 8
aspects of certificates of compliance that they issue; 9
(c) owners and masters of ships are responsible for ensuring that 10
ships are safe; 11
(d) owners, masters, pilots, crew members and other persons 12
involved with the operation of ships are responsible for ensuring 13
that ships are operated safely; 14
(e) ships must have the required safety equipment; 15
(f) certain ships need to be registered; 16
(g) shipping inspectors are to be appointed and have the power to 17
monitor ships to see if they are safe and are operated safely; 18
(h) whenever a significant marine incident happens, it must be 19
investigated by a shipping inspector and may be the subject of a 20
reference by the Minister to a board of inquiry established for the 21
incident; 22
(i) the chief executive may suspend or cancel an approval; 23
(j) the maximum penalties are substantial if a person is found guilty 24
of contravening the Act.8 25
8 If a provision of this Act provides that the maximum penalty for an offence may
be a fine or imprisonment, the court may impose both (section 180A Penalties
and Sentences Act 1992). If a body corporate is convicted of an offence against
this Act, the court may impose a fine of 5 times the maximum fine that could be
imposed on an individual (section 181B Penalties and Sentences Act 1992).
Thus, for example, the maximum fine that could be imposed on summary
conviction on a body corporate ship owner for an offence against section 33
(General safety obligation of ship owners and masters about conditions of ships)
is 2 500 penalty units or $150 000. If the contravention causes or substantially
contributes to death or grievous bodily harm, the maximum fine on conviction on
26
Marine Safety Bill
is safety in Queensland waters achieved? 1
How
Some Queensland waters need to be controlled to ensure 2
Clause27.(1)
safety. 3
(2) The Act, therefore, allows areas of Queensland waters to be declared 4
as pilotage areas. 5
(3) Control in pilotage areas is achieved by requiring certain ships to use 6
a pilot when the ship is entering, leaving or navigating within a pilotage 7
area. 8
(4) Control is also achieved by appointing harbour masters and 9
authorising them to give directions about ships and their navigation. 10
(5) Part 6 (Harbour masters) sets out the powers of harbour masters. 11
are harbour masters and shipping inspectors accountable? 12
How
In exercising a power, harbour masters are accountable to the 13
Clause28.(1)
chief executive under the Public Service Management and Employment Act 14
1988 and must comply with Part 6 (Harbour masters). 15
(2) In exercising a power, shipping inspectors are accountable to the chief 16
executive under the Public Service Management and Employment Act 1988 17
and must comply with Part 12 (Shipping inspectors). 18
(3) Harbour masters and shipping inspectors are also subject to controls 19
under other laws, including, for example, the Judicial Review Act 1991. 20
is the chief executive accountable? 21
How
The chief executive must report annually to Parliament through 22
Clause29.
the Minister on the Act's operation.9 23
indictment is 25 000 penalty units or $1 500 000).
9 See section 19 (Departmental report on operation of Act) on the matters that
must be included in the department's report.
27
Marine Safety Bill
the Act mention everything that will appear in the regulations 1
Does
and standards? 2
The Act allows for matters to be provided by regulation or 3
Clause30.
standard even though express reference may not be made to the matters in 4
the Act. 5
6
Example--
7
Reference is made in the Act to the registration of a ship, the amendment,
8
renewal, or transfer of the registration of the ship or the exemption of the ship from
9
registration. However, details about these matters are to be found in regulations or
10
standards and not the Act.
of Part 11
Operation
Clause31. This Part does not limit, but may extend, the meaning of-- 12
(a) a provision of another Part of this Act; or 13
(b) a provision of a regulation or standard. 14
15
Example--
16
If a regulation provides for a matter and this Part mentions the matter, this Part
17
cannot be used to limit, but may extend, the regulation making power or the
18
regulation.
PART 3--GENERAL SAFETY OBLIGATIONS AND 19
STANDARDS 20
1--General safety obligations 21
Division
safety obligation of ship designers and builders and marine 22
General
surveyors about condition of ships 23
Clause32.(1) An accredited ship designer or builder or marine surveyor who 24
issues a certificate of compliance for a ship must ensure that each 25
declaration made in the certificate is correct in every particular. 26
Maximum penalty--500 penalty units or imprisonment for 1 year. 27
28
Marine Safety Bill
(2) However, if-- 1
(a) a particular that was incorrectly declared in the certificate causes a 2
marine incident; and 3
(b) the marine incident involves the death of, or grievous bodily harm 4
to, a person; 5
the person commits an indictable offence and is liable to a maximum 6
penalty of 5 000 penalty units or imprisonment for 2 years. 7
safety obligation of ship owners and masters about condition 8
General
of ships 9
The owner and master of a ship must not operate the ship 10
Clause33.(1)
unless the ship is safe. 11
Maximum penalty--500 penalty units or imprisonment for 1 year. 12
(2) However, if the contravention of subsection (1) causes a marine 13
incident involving the death of, or grievous bodily harm to, a person, the 14
owner and master commit an indictable offence and are liable to a 15
maximum penalty of 5 000 penalty units or imprisonment for 2 years. 16
(3) For the purposes of this section, a ship is safe if it is seaworthy, and 17
is appropriately equipped and crewed, to meet the ordinary perils of the 18
voyage on which the ship is proceeding or about to proceed. 19
between regulatory provisions and general safety 20
Relationship
obligations about the condition of ships 21
Clause34.(1) In this section-- 22
"certificate of compliance" includes an equivalent certificate issued under a 23
law of the Commonwealth, another State or a Territory; 24
"general safety provision" means either of the following sections-- 25
· section 32 (General safety obligation of ship designers and 26
builders and marine surveyors about condition of ships) 27
· section 33 (General safety obligation of ship owners and masters 28
about condition of ships); 29
"regulatory provision" means a provision of a regulation or standard 30
29
Marine Safety Bill
about the condition, equipping or crewing of ships. 1
(2) This section applies if-- 2
(a) it is claimed in a proceeding that a person contravened a safety 3
provision because of the condition of a ship or its equipping or 4
crewing (the "safety issue"); and 5
(b) a regulatory provision provided a way of dealing with the safety 6
issue to achieve safety. 7
(3) If it is proved that the safety issue was not dealt with in the way 8
provided by the regulatory provision, the general safety provision is taken to 9
have been contravened unless-- 10
(a) the court is satisfied that-- 11
(i) a certificate of compliance issued by someone other than the 12
defendant was in force for the ship and the certificate 13
covered the safety issue (in whole or in part); and 14
(ii) it was reasonable for the defendant to rely on the certificate 15
to satisfy compliance with the general safety provision; or 16
(b) the court is satisfied that the general safety provision was 17
complied with, despite non-compliance with the regulatory 18
provision. 19
(4) In deciding whether the general safety provision had been complied 20
with despite non-compliance with the regulatory provision, the court must 21
have regard to the object of this Act. 22
obligation on persons involved with operation of ship to 23
General
operate it safely 24
A person involved with a ship's operation (including the 25
Clause35.(1)
owner, master, pilot and crew members) must not cause the ship to be 26
operated unsafely. 27
Maximum penalty--500 penalty units or imprisonment for 1 year. 28
(2) Without limiting subsection (1), a person causes a ship to be operated 29
unsafely if the person causes the ship to be operated in a way that-- 30
(a) causes a marine incident; or 31
30
Marine Safety Bill
(b) contravenes-- 1
(i) conditions of the ship's registration about safety; or 2
(ii) a provision of a regulation that is declared by a regulation to 3
be a provision to which this section applies. 4
(3) However, if the contravention of subsection (1) causes the death of, 5
or grievous bodily harm to, a person, the owner, master, pilot, crew 6
member or other person commits an indictable offence and is liable to a 7
maximum penalty of 5 000 penalty units or imprisonment for 2 years. 8
(4) A person does not contravene this section because of 9
subsection (2)(a) if the only basis for holding that a marine incident has 10
been caused is lawful damage to, or danger of lawful damage to, property 11
of which the person is the sole owner. 12
(5) In this section-- 13
"lawful damage" means damage that is not unlawful under section 469 of 14
the Criminal Code. 15
equipment obligation 16
Safety
Clause36.(1) The owner or master of a ship must not operate a ship if-- 17
(a) the ship is required by a regulation to be equipped with safety 18
equipment; and 19
(b) the ship is not equipped with the safety equipment. 20
Maximum penalty--500 penalty units or imprisonment for 1 year. 21
(2) However, if the contravention of subsection (1) causes the death of, 22
or grievous bodily harm to, a person, the owner or master commits an 23
indictable offence and is liable to a maximum penalty of 5 000 penalty units 24
or imprisonment for 2 years. 25
(3) In this section-- 26
"safety equipment" means equipment that is declared by a regulation to be 27
safety equipment to which this section applies. 28
Division 2--Standards 29
31
Marine Safety Bill
tandards 1
S
Clause37.(1) The chief executive may make standards under this Act. 2
(2) A standard is a statutory instrument within the meaning of the 3
Statutory Instruments Act 1992. 4
(3) A standard is not effective until it is approved by regulation. 5
ontents of standard 6
C
A standard may provide for any matter about which a 7
Clause38.(1)
regulation may be made.10 8
(2) However, a standard may not prescribe for offences, fees or charges. 9
of proposal to prepare draft standard 10
Notice
Before making a standard about a matter, the chief executive 11
Clause39.(1)
must give public notice of a proposal to prepare a draft standard about the 12
matter. 13
(2) The notice must be published-- 14
(a) once a week for 2 consecutive weeks in a newspaper circulating 15
generally throughout the State; and 16
(b) if the standard applies only to a particular area of the State--in a 17
newspaper circulating generally in the area. 18
(3) If the proposal relates only to an aspect or part of the maritime 19
industry, the notice must also specify the aspect or part. 20
(4) The notice must-- 21
(a) invite submissions on the proposal from public authorities, 22
industry, interested groups and persons, and the public; and 23
(b) specify a day, not earlier than 30 days from the first publication of 24
the notice in the newspaper mentioned in subsection (2)(a), by 25
which submissions may be made to the chief executive. 26
(5) The chief executive must also inform the Maritime Industry 27
10 See section 200 (Marine safety regulations--generally).
32
Marine Safety Bill
Consultative Council of the draft standard and ask for its advice on the draft 1
standard. 2
of draft standard 3
Preparation
In preparing the draft standard mentioned in a proposal 4
Clause40.(1)
published under section 39 (Notice of proposal to prepare draft standard), 5
the chief executive must consider any advice given by the Maritime 6
Industry Consultative Council and all submissions properly made to the 7
chief executive on the proposal. 8
(2) The chief executive must also ensure that the draft standard-- 9
(a) sets out its purposes; and 10
(b) takes into account national and international benchmarks and best 11
practices. 12
of draft standard 13
Notice
When a draft standard has been prepared, the chief executive 14
Clause41.(1)
must give public notice of the draft standard. 15
(2) The notice must be published-- 16
(a) once a week for 2 consecutive weeks in a newspaper circulating 17
generally throughout the State; and 18
(b) if the standard applies only to a particular area of the State--in a 19
newspaper circulating generally in the area. 20
(3) The notice must-- 21
(a) specify the addresses where copies of the draft standard may be 22
inspected and, on payment of the fee prescribed by regulation, 23
purchased; and 24
(b) invite submissions on the draft standard from public authorities, 25
industry, interested groups and persons, and the public; and 26
(c) specify a day, not earlier than 30 days from the first publication of 27
the notice in the newspaper mentioned in subsection (2)(a), by 28
which submissions may be made to the chief executive. 29
(4) The chief executive must also inform the Maritime Industry 30
33
Marine Safety Bill
Consultative Council of the draft standard and ask for its advice on the draft 1
standard. 2
aking of standard 3
M
Clause42.(1) The chief executive-- 4
(a) must consider any advice given by the Maritime Industry 5
Consultative Council and all submissions properly made to the 6
chief executive on the draft standard; and 7
(b) must have regard to the advice and submissions in making the 8
standard for submission to the Governor in Council for approval. 9
(2) No further notice under section 41 (Notice of draft standard) or 10
consideration by the Maritime Industry Consultative Council is required 11
even if the chief executive changes the draft standard after considering the 12
advice and submissions. 13
standards 14
Interim
Clause43.(1) If the chief executive is satisfied that, for reasons of urgency, it 15
is necessary or desirable to make a standard on an interim basis, the chief 16
executive may make the standard even though the following sections have 17
not been complied with-- 18
· section 39 (Notice of proposal to prepare draft standard) 19
· section 40 (Preparation of draft standard) 20
· section 41 (Notice of draft standard) 21
· section 42 (Making of standard). 22
(2) The interim standard must include a sunset provision stating the 23
interim standard expires 6 months after its commencement. 24
of standard 25
Approval
The Governor in Council may approve, by regulation, a 26
Clause44.(1)
standard made by the chief executive. 27
(2) The approved standard must be set out in the regulation. 28
34
Marine Safety Bill
prevail over standards 1
Regulations
If there is any inconsistency between a regulation and a 2
Clause45.(1)
standard, the regulation prevails to the extent of the inconsistency. 3
(2) Subsection (1) applies-- 4
(a) whether the standard was made before or after the regulation; and 5
(b) even though the standard was approved by regulation. 6
of standards 7
Review
The chief executive must review each standard within 7 years 8
Clause46.(1)
after its approval. 9
(2) The procedures applying to the preparation and approval of standards 10
under this Division apply to the review of standards with any necessary 11
changes and any changes prescribed by regulation. 12
ART 4--REGISTRATION, LICENSING, PERMITS 13
P
AND ACCREDITATION 14
1--Application of Part 15
Division
16
Application
A provision of this Part applies only to ships declared by 17
Clause47.
regulation to be ships to which the provision applies. 18
2--Registration of ships 19
Division
may require registration of ship 20
Regulation
Clause48. A regulation may require the owner of a ship to register the ship. 21
22
35
Marine Safety Bill
of registration obligations 1
Contravention
The owner or master of a ship must not operate the ship if the 2
Clause49.(1)
ship is required to be registered, but is not registered. 3
(2) If a ship is registered on conditions, the owner or master must not 4
operate it in contravention of the conditions. 5
Maximum penalty--200 penalty units. 6
amendment, renewal and transfer etc. 7
Registration,
Registration, amendment of registration, renewal of registration, 8
Clause50.
transfer of registration or exemption from registration may be applied for, 9
and granted or refused, as prescribed by regulation. 10
suspension and amendment of registration 11
Cancellation,
The chief executive may cancel or suspend the registration of a 12
Clause51.
ship, or amend the registration of a ship without application by the owner, 13
only by fair procedures prescribed by regulation. 14
Division 3--Licensing of masters, crew members and pilots 15
may require licences 16
Regulation
Clause52. A regulation may require a person to hold a licence-- 17
(a) to operate a ship as its master; or 18
(b) to act as a crew member of a ship; or 19
(c) to have the conduct of a ship as its pilot. 20
of ship as master etc. without required licence 21
Operation
A person must not operate a ship as its master if the person is 22
Clause53.(1)
required to be licensed, but is not appropriately licensed. 23
(2) A person must not act as a crew member of a ship if the person is 24
required to be licensed, but is not appropriately licensed. 25
36
Marine Safety Bill
(3) A person must not have the conduct of a ship as its pilot if the person 1
is required to be licensed, but is not appropriately licensed. 2
Maximum penalty--40 penalty units. 3
amendment and renewal of licences 4
Grant,
The grant, amendment or renewal of a licence may be applied 5
Clause54.(1)
for, and granted or refused, as prescribed by regulation. 6
(2) A regulation may make provision for licences to be granted, amended 7
or renewed-- 8
(a) by the chief executive; or 9
(b) by an entity accredited, under the regulation, by the chief 10
executive. 11
(3) A regulation may also make provision for the chief executive-- 12
(a) to conduct examinations; or 13
(b) to approve an entity to conduct examinations; 14
to establish whether a person meets a requirement under the regulations. 15
suspension and amendment of licences 16
Cancellation,
The chief executive may cancel or suspend a licence, or amend a 17
Clause55.
licence without application by the licensee, only by fair procedures 18
prescribed by regulation. 19
Division 4--Accreditation of ship designers, ship builders and marine 20
surveyors 21
of Division 22
Object
The object of the system of accreditation provided for by this 23
Clause56.
Division is to ensure that ships are designed, built and surveyed in a way 24
that maintains safety, but gives ship designers and builders and marine 25
surveyors the opportunity to devise programs of design, building or survey 26
that-- 27
37
Marine Safety Bill
(a) best suit their circumstances and the circumstances of their 1
clients; and 2
(b) reduce the need for day-to-day oversight. 3
may provide for accreditation 4
Regulation
A regulation may provide for the accreditation of a person as a 5
Clause57.
ship designer or builder or marine surveyor. 6
of ships 7
Design
Clause58. A person must not issue a certificate of compliance for the design 8
of a ship or a part of a ship unless the person is a ship designer who is 9
accredited to issue the certificate. 10
Maximum penalty--500 penalty units or imprisonment for 1 year. 11
of ships 12
Building
Clause59.(1) A person must not build a ship, or part of a ship, unless-- 13
(a) a certificate of compliance for the design of the ship or part has 14
been issued by a ship designer who is accredited to issue the 15
certificate; and 16
(b) the person is a ship builder who is accredited to build the ship or 17
part. 18
Maximum penalty--500 penalty units or imprisonment for 1 year. 19
(2) A person who is not an appropriately accredited ship builder may 20
build a ship or a part of a ship if-- 21
(a) a certificate of compliance for the design of the ship or part has 22
been issued by a ship designer who is accredited to issue the 23
certificate; and 24
(b) the ship or part is surveyed, as required by regulation, by a 25
marine surveyor who is accredited to survey the ship or part; and 26
(c) the conditions that may be prescribed by regulation are met. 27
Maximum penalty--500 penalty units or imprisonment for 1 year. 28
38
Marine Safety Bill
of ships 1
Surveying
A person must not issue a certificate of compliance based on the 2
Clause60.
surveying of a ship or a part of a ship unless the person is a marine 3
surveyor who is accredited to issue the certificate. 4
Maximum penalty--500 penalty units or imprisonment for 1 year. 5
amendment or renewal of accreditation 6
Grant,
The grant, amendment or renewal of an accreditation may be 7
Clause61.
applied for and granted or refused as prescribed by regulation. 8
suspension and amendment of accreditation 9
Cancellation,
The chief executive may cancel or suspend an accreditation, or 10
Clause62.
amend an accreditation without application by the accredited person, only by 11
fair procedures prescribed by regulation. 12
ART 5--PILOTAGE AREAS 13
P
and closing of pilotage areas 14
Declaration
A regulation may-- 15
Clause63.
(a) declare an area of Queensland waters to be a pilotage area; or 16
(b) close a pilotage area or a part of a pilotage area. 17
master may permit ship navigation in closed pilotage area 18
Harbour
If a pilotage area or part of a pilotage area is closed by 19
Clause64.(1)
regulation, a harbour master may permit a person to-- 20
(a) cause a ship to enter, leave or navigate in the area or part; or 21
(b) anchor, berth or moor a ship in the area or part. 22
(2) If it is not practicable for the harbour master to give the person a 23
39
Marine Safety Bill
written permission under subsection (1), the harbour master must make a 1
written note of the permission and its details. 2
to comply with closure of pilotage area 3
Failure
Clause65.(1) This section applies if a regulation closes a pilotage area or part 4
of a pilotage area. 5
(2) A person must not, without the permission of a harbour master-- 6
(a) cause a ship to enter, leave or navigate in the pilotage area or part, 7
unless the person has a reasonable excuse; or 8
(b) anchor, berth or moor a ship in the pilotage area or part, unless 9
the person has a reasonable excuse. 10
Maximum penalty--200 penalty units. 11
PART 6--HARBOUR MASTERS 12
1--General 13
Division
of harbour masters 14
Appointment
Clause66.(1) The chief executive may appoint an officer or employee of the 15
department to be a harbour master. 16
(2) A person appointed as a harbour master is a shipping inspector 17
without further appointment. 18
qualified persons may be appointed as harbour masters 19
Only
The chief executive may appoint a person to be a harbour master 20
Clause67.
only if-- 21
(a) in the chief executive's opinion, the person has the necessary 22
expertise or experience to be a harbour master and shipping 23
inspector; or 24
40
Marine Safety Bill
(b) the person has satisfactorily finished training approved by the 1
chief executive. 2
on powers of a harbour master 3
Limitations
Clause68. The powers of a harbour master may be limited-- 4
(a) under a regulation; or 5
(b) under a condition of appointment; or 6
(c) by notice of the chief executive given to the harbour master. 7
master to consult with port authority 8
Harbour
Before a harbour master exercises a power that may affect the 9
Clause69.(1)
functions of a port authority, the harbour master must consult with the port 10
authority to the extent reasonably practicable. 11
(2) Failure to comply with subsection (1) does not affect the validity of 12
the exercise of the power. 13
of appointment 14
End
The appointment of a person as a harbour master ends if the 15
Clause70.
person ceases to be an officer or employee of the department. 16
by harbour master 17
Delegation
Clause71. A harbour master may delegate the harbour master's powers to-- 18
(a) an officer or employee of the public service who the harbour 19
master is satisfied has the necessary expertise or experience to 20
exercise the powers; or 21
(b) a shipping inspector; or 22
(c) an officer or employee of a port authority; or 23
(d) a police officer; or 24
(e) someone else prescribed by regulation. 25
41
Marine Safety Bill
cards 1
Identity
Clause72.(1) The chief executive must give an identity card to each harbour 2
master. 3
(2) A harbour master who delegates powers to a person, other than a 4
shipping inspector, must give an identity card to the person. 5
(3) The identity card of a harbour master or a harbour master's delegate 6
must-- 7
(a) contain a photograph of the harbour master or delegate; and 8
(b) be in a form approved by the chief executive; and 9
(c) be signed by the harbour master or delegate. 10
(4) A person who ceases to be a harbour master or delegate must return 11
the person's identity card to the chief executive as soon as is practicable 12
after the person ceases to be a harbour master or delegate, unless the person 13
has a reasonable excuse for not returning it. 14
Maximum penalty for subsection (4)--40 penalty units. 15
of authority 16
Proof
A harbour master must display the harbour master's identity 17
Clause73.(1)
card for inspection by a person if the harbour master, in person, gives a 18
direction to the person or exercises another power in relation to the person. 19
(2) If, for any reason, it is not practicable to comply with subsection (1), 20
the harbour master must produce the identity card for inspection by the 21
person at the first reasonable opportunity. 22
(3) If a harbour master gives a written direction to a person, the written 23
direction must be on letterhead approved by the chief executive. 24
(4) If a harbour master gives a direction to a person by radio, megaphone 25
or another form of distance communication, the harbour master must 26
identify himself or herself as a harbour master. 27
from liability 28
Protection
A harbour master is not civilly liable for an act or omission 29
Clause74.(1)
done honestly and without negligence under this Act. 30
42
Marine Safety Bill
(2) If subsection (1) prevents a civil liability attaching to a harbour 1
master, the liability attaches instead to the State. 2
masters to give notice of damage 3
Harbour
A harbour master who, in the exercise of a power under this 4
Clause75.(1)
Part, damages anything must promptly give written notice of the particulars 5
of the damage. 6
(2) The notice must be given-- 7
(a) if the thing is a ship or is on a ship--to the ship's master; or 8
(b) in any other case--to the person who appears to the harbour 9
master to be the owner of the thing. 10
(3) If, for any reason, it is not practicable to comply with subsection (2), 11
the harbour master must-- 12
(a) leave the notice on the thing that is damaged; and 13
(b) ensure the notice is left in a reasonably secure way in a 14
conspicuous position. 15
of harbour master 16
Impersonation
Clause76. A person must not pretend to be a harbour master. 17
Maximum penalty--40 penalty units. 18
of harbour master 19
Obstruction
A person must not obstruct a harbour master in the exercise of a 20
Clause77.
power, unless the person has a reasonable excuse. 21
Maximum penalty--200 penalty units. 22
43
Marine Safety Bill
Division 2--Powers of harbour masters 1
Subdivision A--Powers of direction 2
limitation on harbour master's power to give directions 3
General
under Subdivision 4
A harbour master may give a direction under this Subdivision 5
Clause78.(1)
to a person only if the harbour master considers it necessary to give the 6
direction to the person to ensure safety. 7
(2) In giving the direction, the harbour master must have regard to the 8
need to ensure the effectiveness and efficiency of the Queensland maritime 9
industry. 10
(3) A direction may be given to a crew member of a ship if it is not 11
possible to give the direction to the master of the ship. 12
(4) A notice given to a crew member of a ship is taken to have been 13
given to the master of the ship. 14
of Minister to require directions 15
Power
The Minister may ask the chief executive to require a harbour 16
Clause79.(1)
master to give a particular direction under this Subdivision. 17
(2) Section 78(1) and (2) (General limitation on harbour master's power 18
to give directions under Subdivision) does not apply to the giving of the 19
particular direction by a harbour master. 20
(3) A request may only be made by the Minister if the Minister is 21
satisfied that exceptional circumstances exist to justify the Minister's 22
intervention in the public interest. 23
(4) If the Minister makes a request under this section, the request must 24
be-- 25
(a) notified in the Gazette as soon as practicable after it is made; and 26
(b) tabled in the Legislative Assembly within 14 days after it is given. 27
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Marine Safety Bill
to master about operation of ship 1
Direction
A harbour master may direct the master of a ship to navigate 2
Clause80.(1)
or otherwise operate the ship in a specified way, including, for example-- 3
(a) not to cause the ship to enter a pilotage area; or 4
(b) to cause the ship to enter a pilotage area in a specified way; or 5
(c) to navigate the ship in a pilotage area in a specified way; or 6
(d) to anchor, berth or moor the ship at a specified place in a pilotage 7
area; or 8
(e) to move the ship from an anchorage, berth or mooring in a 9
pilotage area; 10
(f) to cause the ship to leave a pilotage area or to leave a pilotage area 11
in a specified way. 12
(2) A person must not contravene a direction under subsection (1), 13
unless the person has a reasonable excuse for the contravention. 14
Maximum penalty for subsection (2)--200 penalty units. 15
to person in charge of a place 16
Direction
Clause81.(1) A harbour master may direct the person in charge of a place in, 17
or adjacent to, a pilotage area-- 18
(a) to allow a ship to be berthed at the place or moved from the place; 19
or 20
(b) to allow access through the place to and from the ship. 21
(2) A person must comply with a direction under subsection (1), unless 22
the person has a reasonable excuse for not complying with it. 23
Maximum penalty for subsection (2)--200 penalty units. 24
to person carrying out works 25
Direction
A harbour master may direct a person who is carrying out 26
Clause82.(1)
construction work in or near a pilotage area to light or mark the works in a 27
specified way. 28
(2) The direction may specify when the action is to be taken. 29
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Marine Safety Bill
(3) A person must comply with a direction under subsection (1), unless 1
the person has a reasonable excuse for not complying with it. 2
Maximum penalty for subsection (3)--200 penalty units. 3
to person about obstruction 4
Direction
A harbour master may direct a person, who is responsible for 5
Clause83.(1)
a buoy, mooring or anything else that is obstructing, or may obstruct, 6
navigation in or near the pilotage area, to remove it. 7
(2) The direction may specify how, when and to where the buoy, 8
mooring or other thing is to be moved. 9
(3) A person must comply with a direction under subsection (1), unless 10
the person has a reasonable excuse for not complying with it. 11
Maximum penalty for subsection (3)--200 penalty units. 12
to person to put out certain lights etc. 13
Direction
Clause84.(1) This section applies if a harbour master believes on reasonable 14
grounds that a light, sign, signal, electrical or radio installation or equipment 15
or anything else (a "source of interference") in or near a pilotage area-- 16
(a) may be or has been mistaken for, may interfere or is interfering 17
with, or may otherwise affect or is otherwise affecting the proper 18
operation of, an aid to navigation; or 19
(b) may otherwise affect the safe operation of ships. 20
(2) The harbour master may direct the following persons to put out, 21
remove or screen the source of interference, or to take other specified action 22
in relation to the source of interference-- 23
(a) the owner or occupier of the place where the source of 24
interference is situated; 25
(b) the person the harbour master believes, on reasonable grounds, 26
owns or is responsible for the source of interference. 27
(3) The direction may specify how and when the action is to be taken. 28
(4) A person must comply with a direction under subsection (2), unless 29
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Marine Safety Bill
the person has a reasonable excuse for not complying with it. 1
Maximum penalty for subsection (4)--200 penalty units. 2
B--Other powers 3
Subdivision
master may carry out direction 4
Harbour
This section applies if a person has not complied with a 5
Clause85.(1)
direction given to the person by a harbour master under Subdivision A 6
(Powers of direction). 7
(2) This section also applies if-- 8
(a) it appears to a harbour master that there is no-one to whom a 9
direction under Subdivision A may be given; and 10
(b) the harbour master is satisfied on reasonable grounds that the 11
harbour master must act urgently without giving the direction. 12
(3) The harbour master may, to the extent necessary to ensure safety as 13
mentioned in section 78(1) (General limitation on harbour master's power 14
to give directions under Subdivision), carry out the direction or proposed 15
direction. 16
(4) Without limiting subsection (3), the harbour master may-- 17
(a) board a ship and operate it, including, for example, by moving or 18
navigating it; or 19
(b) enter or remain in a place in, or adjacent to, a pilotage area to 20
board a ship and anchor, berth, moor or move it; or 21
(c) light or mark construction works; or 22
(d) remove a buoy, mooring or anything else that is obstructing, or 23
may obstruct, navigation; or 24
(e) put out, remove or screen, or take other action in relation to, a 25
source of interference. 26
(5) If the harbour master attaches the ship to another ship or a buoy, 27
wharf or pile, this Act does not prevent the owner or master of the other 28
ship, or the owner of the buoy, wharf or pile, from recovering from the 29
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Marine Safety Bill
owner or master of the first ship damages for injury or loss suffered 1
because of the attachment. 2
by State of expenses of carrying out direction 3
Recovery
This section applies if a harbour master incurs expense 4
Clause86.(1)
(whether the expense is the harbour master's expense or the State's 5
expense) in exercising a power under section 85 (Harbour master may carry 6
out direction) in relation to a ship. 7
(2) The amount of the expense may be recovered as a debt by the State 8
by action in a court of competent jurisdiction from the owner or master of 9
the ship. 10
closure of pilotage area by harbour master 11
Temporary
A harbour master may close a pilotage area or a part of a 12
Clause87.(1)
pilotage area if the harbour master is satisfied that the closure is urgently 13
required for a limited period to ensure safety. 14
(2) The harbour master must immediately take the steps necessary to 15
ensure that ships that may be affected by the closure are aware of it. 16
(3) The harbour master must revoke the closure when the harbour master 17
ceases to be satisfied that the closure is still urgently required to ensure 18
safety. 19
(4) However, the closure ends 14 days after the closure is made if it is 20
not earlier revoked. 21
(5) When the closure ends, the harbour master must immediately take 22
the steps necessary to ensure that ships that may be affected by the closure 23
are aware of the ending of the closure. 24
master may permit ship navigation in closed pilotage area 25
Harbour
If a pilotage area or part of a pilotage area is closed by a 26
Clause88.(1)
harbour master, a harbour master may permit a person to-- 27
(a) cause a ship to enter, leave or navigate in the pilotage area or part; 28
or 29
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Marine Safety Bill
(b) anchor, berth or moor a ship in the pilotage area or part. 1
(2) If it is not practicable for the harbour master to give written 2
permission under subsection (1), the harbour master must make a written 3
note of the permission and its details. 4
to comply with closure of pilotage area by harbour master 5
Failure
This section applies if a harbour master closes the area or part 6
Clause89.(1)
of a pilotage area. 7
(2) A person must not, without a harbour master's permission-- 8
(a) cause a ship to enter, leave or navigate in the pilotage area or part, 9
unless the person has a reasonable excuse; or 10
(b) anchor, berth or moor a ship in the pilotage area or part, unless 11
the person has a reasonable excuse. 12
Maximum penalty for subsection (2)--200 penalty units. 13
ART 7--PILOTS 14
P
of Part 15
Application
This Part applies only to ships declared by regulation to be ships 16
Clause90.
to which the Part applies. 17
required for ship navigation in pilotage areas 18
Pilots
Clause91.(1) A person must not navigate a ship in a pilotage area unless the 19
person uses the services of a pilot. 20
Maximum penalty--the number of penalty units (rounded upwards to the 21
next number if necessary) obtained by using the following formula-- 22
evaded pilotage x 3 23
the value of 1 penalty unit. 24
(2) In this section-- 25
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Marine Safety Bill
"evaded pilotage", for an offence against subsection (1), means the 1
amount that would have been paid for the use of a pilot if the 2
subsection had been complied with. 3
about pilotage 4
Regulations
Clause92. A regulation may provide for the duties of-- 5
(a) a ship's owner and master to arrange for pilotage; and 6
(b) a ship's master to ensure the safety of a pilot when the pilot is 7
boarding, leaving or on board the ship; and 8
(c) a ship's master to enable the pilot to discharge the pilot's duties; 9
and 10
(d) a pilot of a ship to ensure the safety of the ship in the pilotage 11
area, whether the use of the pilot is required or voluntary; and 12
(e) a pilot's employer-- 13
(i) to equip the pilot; and 14
(ii) to develop and maintain the skills needed by the pilot to 15
discharge the pilot's duties; and 16
(f) a master exempted from pilotage under a regulation. 17
for pilots and their employers 18
Immunity
A pilot and the pilot's general employer are not civilly liable 19
Clause93.(1)
for a damage or loss caused by an act or omission of the pilot. 20
(2) This section does not affect-- 21
(a) any liability of the pilot's general employer for not appointing a 22
qualified and competent person as pilot; and 23
(b) any liability of the ship's master and owner. 24
of owner or master of ship under pilotage 25
Liability
The pilot who has the conduct of a ship is subject to the 26
Clause94.(1)
master's authority. 27
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Marine Safety Bill
(2) The master of a ship is not relieved from responsibility for the ship's 1
operation merely because the ship is under pilotage. 2
(3) The owner and master of a ship being navigated by a pilot because 3
the pilotage is compulsory under this Act or another Act is liable for loss or 4
damage caused by the ship, or by a fault of the navigation of the ship, as if 5
the pilotage were not compulsory. 6
of impersonating a pilot 7
Offence
Clause95. A person must not pretend to be a pilot. 8
Maximum penalty--40 penalty units. 9
ART 8--AIDS TO NAVIGATION 10
P
of "aid to navigation" 11
Meaning
An "aid to navigation" is a device designed to be used for 12
Clause96.(1)
navigation or the guidance of mariners, including a device to help in-- 13
(a) fixing a ship's position; or 14
(b) deciding a safe course for a ship; or 15
(c) warning a ship of dangers or obstructions. 16
17
Examples--
18
Beacon, buoy, light, lighthouse, marine mark, radio aid or signal.
(2) An "aid to navigation" includes any structure or equipment 19
ancillary to the aid to navigation. 20
21
Examples--
22
1. The battery house providing a lighthouse with power.
23
2. Lifesaving equipment that is part of an aid to navigation.
(3) However, an "aid to navigation" does not include a device on board 24
a ship. 25
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Marine Safety Bill
executive may set up aid to navigation 1
Chief
Clause97.(1) The chief executive may set up an aid to navigation-- 2
(a) in or near a pilotage area; and 3
(b) in any other place where the chief executive considers the aid to 4
navigation is desirable to ensure the safety of people or ships or 5
other property. 6
(2) The chief executive may enter into agreements for setting up an aid to 7
navigation. 8
(3) This section does not limit other powers that the chief executive has 9
to set up aids to navigation. 10
interference with an aid to navigation 11
Unlawful
A person must not unlawfully interfere with an aid to 12
Clause98.(1)
navigation. 13
Maximum penalty--500 penalty units or imprisonment for 1 year. 14
(2) However, if-- 15
(a) the interference with the aid causes a marine incident; and 16
(b) the marine incident involves the death of, or grievous bodily harm 17
to, a person; 18
the person commits an indictable offence and is liable to a maximum 19
penalty of 5 000 penalty units or imprisonment for 2 years. 20
(3) A person unlawfully interferes with an aid to navigation if the person 21
wilfully, and without authority, justification or excuse, detrimentally 22
interferes with the effective or efficient operation of the aid. 23
24
Examples of detrimental interference--
25
1. A person removes, alters, damages or disturbs the aid.
26
2. A person obstructs the operation of the aid.
on aid to navigation 27
Trespassing
A person must not-- 28
Clause99.
(a) moor a ship to an aid to navigation or climb the aid, unless the 29
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Marine Safety Bill
person has a reasonable excuse for mooring the ship or climbing 1
the aid; or 2
(b) if the aid to navigation is a lighthouse--enter the lighthouse or 3
any enclosed area around the lighthouse, unless the person has a 4
reasonable excuse for entering the lighthouse or area. 5
Maximum penalty--40 penalty units. 6
ART 9--MARITIME INDUSTRY CONSULTATIVE 7
P
COUNCIL 8
1--The Council 9
Division
of Council 10
Establishment
Clause100. A Maritime Industry Consultative Council is established. 11
of Council 12
Function
Clause101.(1) The function of the Council is to give information and advice 13
to the Minister about marine safety issues. 14
(2) The Council may give advice on its own initiative or if asked by the 15
Minister or chief executive. 16
(3) The Council is also to consider and give advice on-- 17
(a) proposals to prepare draft standards; and 18
(b) draft standards. 19
20
Composition
Clause102.(1) The Council consists of-- 21
(a) the chief executive or the chief executive's nominee; and 22
(b) other persons the Minister appoints as members of the Council. 23
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Marine Safety Bill
(2) In considering persons for appointment as members of the Council, 1
the Minister must have regard to-- 2
(a) their involvement with, association in or understanding of the 3
maritime industry; and 4
(b) the need for appropriate regional representation. 5
(3) The Minister must appoint a member of the Council who is not the 6
chief executive (or the chief executive's nominee) as its chairperson. 7
2--Meetings of Council 8
Division
and places of meetings 9
Times
Clause103.(1) Meetings of the Council are to be held at the times and places 10
it decides. 11
(2) However, the chairperson may call a meeting at any time. 12
(3) The Minister may also call a meeting of the Council. 13
at meetings 14
Presiding
Clause104.(1) The chairperson is to preside at all Council meetings at which 15
the chairperson is present. 16
(2) If the chairperson is absent, the member chosen by the members 17
present is to preside. 18
(3) However, the chief executive (or the chief executive's nominee) may 19
not be chosen to preside. 20
uorum 21
Q
The number that is half of the number of persons appointed as 22
Clause105.
members of the Council form a quorum at a meeting. 23
of meetings 24
Conduct
The Council may conduct its meetings as it considers 25
Clause106.(1)
appropriate. 26
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Marine Safety Bill
(2) The Council may hold meetings, or permit members to take part in 1
meetings, by telephone, closed-circuit television or another form of 2
communication. 3
(3) A member who takes part in a meeting of the Council under a 4
permission under subsection (2) is taken to be present at the meeting. 5
of interests 6
Disclosure
Clause107.(1) This section applies if-- 7
(a) a member has a direct or indirect financial interest in an issue 8
being considered, or about to be considered, by the Council; and 9
(b) the interest could conflict with the proper performance of the 10
member's duties about the consideration of the issue. 11
(2) As soon as practicable after the relevant facts come to the member's 12
knowledge, the member must disclose the nature of the interest to a meeting 13
of the Council. 14
(3) The disclosure must be recorded in the Council's minutes. 15
(4) In giving information or advice to the Minister about the issue, the 16
Council must inform the Minister of the disclosure. 17
3--Provisions about appointed members 18
Division
of Division 19
Application
This Division applies to a member of the Council other than the 20
Clause108.
chief executive or, if the chief executive's nominee is a member of the 21
Council, the nominee. 22
of appointment 23
Duration
A member is to be appointed for a term of not longer than 2 24
Clause109.
years. 25
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Marine Safety Bill
of appointment 1
Terms
A member is entitled to be paid the allowances that may be 2
Clause110.(1)
decided by the Minister. 3
(2) A member holds office on the terms not provided by this Act that 4
may be decided by the Minister. 5
6
Resignation
A member may resign by giving a signed notice of resignation 7
Clause111.
to the Minister. 8
of appointment 9
Termination
The Minister may end a member's appointment by giving a 10
Clause112.
signed notice of termination to the member. 11
Division 4--Miscellaneous 12
support 13
Administrative
The chief executive must give the Council the administrative 14
Clause113.
support necessary to allow it to perform its function. 15
report 16
Annual
As soon as practicable, but within 4 months, after the end of 17
Clause114.(1)
each financial year, the Council must give to the Minister a report on the 18
Council's operations for the year. 19
(2) The Minister must table a copy of the report in the Legislative 20
Assembly within 14 days after receiving the report. 21
ART 10--MARINE INCIDENTS 22
P
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Marine Safety Bill
is a marine incident? 1
What
A "marine incident" is an event causing or involving-- 2
Clause115.(1)
(a) the loss of a person from a ship; or 3
(b) the death of, or grievous bodily harm to, a person caused by a 4
ship's operations; or 5
(c) the loss or presumed loss or abandonment of a ship; or 6
(d) a collision with a ship; or 7
(e) the stranding of a ship; or 8
(f) material damage to a ship; or 9
(g) material damage caused by a ship's operations; or 10
(h) danger to a person caused by a ship's operations; or 11
(i) danger of serious damage to a ship; or 12
(j) danger of serious damage to a structure caused by a ship's 13
operations. 14
(2) A "marine incident" also includes another event prescribed by 15
regulation. 16
(3) However, a "marine incident" does not include an event declared by 17
regulation not to be a marine incident. 18
of masters to help if a marine incident happens involving 2 or 19
Duties
more ships 20
This section applies to a marine incident involving 2 or more 21
Clause116.(1)
ships. 22
(2) The master of each ship involved in the marine incident must, to the 23
extent that the master can do so without danger to the master's ship or 24
persons on board the master's ship-- 25
(a) give to each other ship involved in the incident, its master and 26
persons on board the ship the help necessary to save them from 27
danger caused by the marine incident; and 28
(b) stay by the other ship until the other ship does not need further 29
help; and 30
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Marine Safety Bill
(c) give to the master of the other ship reasonable particulars 1
adequate to identify the ship and its owner. 2
Maximum penalty-- 3
(a) for contravention of paragraph (a) or (b)--500 penalty units or 4
imprisonment for 1 year; 5
(b) for contravention of paragraph (c)--40 penalty units. 6
(3) However, if the contravention of subsection (2)(a) or (b) causes the 7
death of, or grievous bodily harm to, a person, the master commits an 8
indictable offence and is liable to a maximum penalty of 5 000 penalty units 9
or imprisonment for 2 years. 10
incidents must be reported 11
Marine
If a marine incident causing or involving the loss or 12
Clause117.(1)
presumed loss or abandonment of a ship happens, the owner of the ship 13
must report the marine incident to a shipping inspector at the earliest 14
opportunity, but within 48 hours after the owner becomes aware of the 15
incident, unless the owner has a reasonable excuse for not complying with 16
this subsection. 17
(2) If-- 18
(a) a ship is involved in another type of marine incident; or 19
(b) a ship's master has reason to believe that the ship has been 20
involved in another type of marine incident; 21
the master of the ship must report the marine incident to a shipping 22
inspector within 48 hours after the incident happens, unless the master has a 23
reasonable excuse for not complying with this subsection. 24
(3) If the report under subsection (1) or (2) is not made to the shipping 25
inspector in the approved form, the owner or master must make a further 26
report about the marine incident to a shipping inspector in the approved 27
form at the earliest opportunity. 28
Maximum penalty--40 penalty units.11 29
11 Section 117 is subject to section 14 (Marine incidents required to be reported
under Commonwealth Navigation Act).
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Marine Safety Bill
process into marine incident 1
Investigation
If-- 2
Clause118.(1)
(a) a marine incident happens; or 3
(b) the chief executive believes that a marine incident may have 4
happened, even though it has not been reported; 5
the chief executive may require a shipping inspector to investigate the 6
matter. 7
(2) After finishing the investigation, the inspector must report the results 8
of the investigation to the chief executive. 9
(3) If, after considering the report, the chief executive is satisfied that a 10
marine incident has happened, the chief executive-- 11
(a) may recommend to the Minister the establishment of a board of 12
inquiry into the incident; and 13
(b) may, under the regulations, cancel, suspend or amend an approval 14
of a ship or person involved in the incident. 15
(4) Subsections (2) and (3) do not prevent the chief executive from-- 16
(a) requiring the inspector to provide interim reports to the chief 17
executive; or 18
(b) taking action mentioned in subsection (3) before the inspector has 19
finished the inspector's investigation. 20
reports of marine incidents to Minister 21
Regular
The chief executive must prepare a report for each period of 22
Clause119.(1)
1 January to 30 June and 1 July to 31 December about all marine incidents 23
reported within the period. 24
(2) The report need only contain general particulars of each marine 25
incident and a statistical analysis. 26
(3) The report must be given to the Minister within 2 months after the 27
period to which the report relates. 28
(4) The Minister may appoint a person who is not an officer or employee 29
of a unit of the public sector to review the report and give the Minister any 30
recommendations the person considers appropriate. 31
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Marine Safety Bill
(5) The chief executive must give the person any reasonable help the 1
person requires. 2
and any recommendations to be tabled 3
Report
The Minister must table a copy of each report under section 4
Clause120.(1)
119 (Regular reports of marine incidents to Minister) in the Legislative 5
Assembly within 14 days after receiving the report. 6
(2) The Minister must also table a copy of recommendations made to the 7
Minister under section 119(4) about the report in the Legislative Assembly 8
within 14 days after receiving the recommendations. 9
of dangers to navigation 10
Report
This section applies if the master of a ship becomes aware of 11
Clause121.(1)
something in the ship's vicinity that is a danger to navigation. 12
13
Examples of possible dangers to navigation--
14
1. An abandoned ship
15
2. A damaged aid to navigation
16
3. A tropical storm, cyclone or similar weather conditions.
(2) If the ship is fitted with a working radio, the master must promptly 17
send out the signal prescribed by regulation followed by a message giving 18
the information required by regulation to ships in the vicinity and the nearest 19
harbour master or coastal radio station. 20
Maximum penalty for subsection (2)--40 penalty units. 21
(3) If the ship is not fitted with a working radio, the master must 22
promptly communicate the information required by regulation by any other 23
available form of communication to ships in the vicinity and as soon as 24
practicable inform a harbour master or coastal radio station of the 25
information. 26
Maximum penalty for subsection (3)--40 penalty units. 27
of master to give help 28
Obligation
If the master of a ship at sea has reason to believe that 29
Clause122.(1)
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Marine Safety Bill
persons on or from a ship or aircraft are in distress at sea, the master must, 1
unless the master cannot do so or, in the special circumstances of the case, 2
considers it unreasonable or unnecessary to do so, go as quickly as possible 3
to help the persons and, if possible, inform them that this is happening. 4
Maximum penalty--500 penalty units or imprisonment for 1 year. 5
(2) The master of a ship or aircraft in distress at sea may, after 6
consultation as far as practicable with the masters of ships that answer the 7
master's call for help, requisition the ships that the master considers best 8
able to help. 9
(3) The master of a requisitioned ship must comply with the requisition 10
by going as quickly as possible to help the persons in distress. 11
Maximum penalty--500 penalty units or imprisonment for 1 year. 12
(4) However, if the contravention of subsection (1) or (3) causes the 13
death of, or grievous bodily harm to, a person, the relevant master commits 14
an indictable offence and is liable to a maximum penalty of 5 000 penalty 15
units or imprisonment for 2 years. 16
(5) If the master of a ship that has not been requisitioned is informed of 17
the requisition of another ship and that the requisition is being complied 18
with by the other ship, the master is released from the master's obligation 19
under subsection (1). 20
(6) If the master of a ship is informed by persons in distress, or by the 21
master of another ship that has reached persons in distress, that help is no 22
longer necessary, the master is released from any obligation under 23
subsection (1) or (3) in relation to the persons. 24
(7) The master of a ship must make a record-- 25
(a) of any information received by the master that persons on or 26
from a ship or aircraft are in distress at sea; and 27
(b) if the master did not go as quickly as possible to help the 28
persons--the master's reasons. 29
Maximum penalty--500 penalty units. 30
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Marine Safety Bill
PART 11--BOARDS OF INQUIRY 1
1--General 2
Division
may establish or re-establish boards of inquiry 3
Minister
The Minister may establish or re-establish a board of inquiry 4
Clause123.(1)
about a marine incident by Gazette notice. 5
(2) The notice, or a subsequent Gazette notice, may specify matters 6
relevant to the inquiry including, for example, the number and appointment 7
of members, the chairperson and the terms of reference. 8
(3) The Minister may exercise powers under this section for a marine 9
incident-- 10
(a) whether or not the incident has been investigated under Part 10 11
(Marine incidents) or a recommendation made to the Minister by 12
the chief executive under that Part about the incident; or 13
(b) whether or not a board of inquiry had previously inquired into the 14
incident. 15
of board of inquiry 16
Role
The board of inquiry must-- 17
Clause124.(1)
(a) inquire into the circumstances and probable causes of the relevant 18
marine incident; and 19
(b) give the Minister a written report of the board's findings. 20
(2) The report may contain the recommendations the board considers 21
appropriate and other relevant matters. 22
(3) The Minister must table a copy of the report in the Legislative 23
Assembly within 14 days after receiving the report. 24
(4) However, if the board gives the Minister a separate report of matters 25
that the board considers should not be made public, the Minister need not 26
table the separate report in the Legislative Assembly. 27
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Marine Safety Bill
of appointment 1
Conditions
Members of the board of inquiry are entitled to be paid the 2
Clause125.(1)
fees and allowances that may be decided by the Minister. 3
(2) The members hold office on the terms not provided by this Act that 4
may be decided by the Minister. 5
executive to arrange for services of staff and financial matters 6
Chief
for board of inquiry 7
As soon as practicable after the board of inquiry is established, 8
Clause126.
the chief executive must consult with the chairperson of the board and 9
arrange-- 10
(a) for the services of officers and employees of the department, 11
shipping inspectors and other persons to be made available to the 12
board for the conduct of the inquiry; and 13
(b) for financial matters relevant to the board. 14
inspector may exercise powers for board's inquiry 15
Shipping
This section applies to a shipping inspector whose services 16
Clause127.(1)
have been made available to the board of inquiry. 17
(2) The inspector may exercise the powers of a shipping inspector under 18
Part 10 (Marine incidents) for the marine incident the subject of the board's 19
inquiry. 20
2--Conduct of inquiry 21
Division
22
Procedure
Clause128.(1) When conducting its inquiry, the board of inquiry-- 23
(a) must observe natural justice; and 24
(b) must act as quickly, and with as little formality and technicality, 25
as is consistent with a fair and proper consideration of the issues. 26
(2) In conducting the inquiry, the board-- 27
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Marine Safety Bill
(a) is not bound by the rules of evidence; and 1
(b) may inform itself in any way it considers appropriate, including 2
holding hearings; and 3
(c) may decide the procedures to be followed for the inquiry. 4
(3) However, the board must comply with this Division and any 5
procedural rules prescribed by regulation. 6
(4) The chairperson presides at the inquiry. 7
of inquiry 8
Notice
The chairperson of the board of inquiry must give at least 9
Clause129.
14 days written notice of the time and place of the inquiry to-- 10
(a) the owner and master of each ship concerned in the marine 11
incident the subject of the inquiry; and 12
(b) any other person who the chairperson has reason to believe 13
should be given the opportunity to appear at the inquiry. 14
to be held in public other than in special circumstances 15
Inquiry
Clause130.(1) An inquiry must be held in public. 16
(2) However, the board may, of its own initiative or on the application of 17
a person represented at the inquiry, direct that the inquiry, or a part of the 18
inquiry, be held in private, and give directions about the persons who may 19
be present. 20
(3) The board may give a direction under subsection (2) only if it is 21
satisfied that it is proper to make the order in the special circumstances of 22
the inquiry. 23
of members, legal representatives and witnesses 24
Protection
A member of the board of inquiry has, in the performance of 25
Clause131.(1)
the member's duties, the same protection and immunity as a Judge of the 26
Supreme Court. 27
(2) A barrister, solicitor or other person appearing before the board for 28
someone else has the same protection and immunity as a barrister appearing 29
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Marine Safety Bill
for a party in a proceeding in the Supreme Court. 1
(3) A person summoned to attend or appearing before the board as a 2
witness has the same protection as a witness in a proceeding in the Supreme 3
Court. 4
of proceedings to be kept 5
Record
Clause132. The board of inquiry must keep a record of its proceedings. 6
fairness and representation 7
Procedural
Clause133. In the conduct of the inquiry, the board must give the master and 8
owner of each ship concerned in the marine incident the subject of the 9
inquiry, the opportunity of making a defence to all claims made against the 10
person either in person or by counsel, solicitor or agent. 11
powers on inquiry 12
Board's
Clause134.(1) In conducting the inquiry, the board may-- 13
(a) act in the absence of any person who has been given a notice 14
under section 129 (Notice of inquiry) or some other reasonable 15
notice; and 16
(b) receive evidence on oath or affirmation or by statutory 17
declaration; and 18
(c) adjourn the inquiry; and 19
(d) disregard any defect, error, omission or insufficiency in a 20
document; and 21
(c) permit or refuse to permit a person (including a legal practitioner 22
enrolled in Queensland or elsewhere) to represent someone else at 23
the inquiry. 24
(2) A member of the board may administer an oath or affirmation to a 25
person appearing as a witness before the inquiry. 26
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Marine Safety Bill
to witness 1
Notice
The chairperson of the board of inquiry may, by written 2
Clause135.(1)
notice given to a person, require the person to attend the inquiry at a 3
specified time and place to give evidence or produce specified documents or 4
things. 5
(2) A person required to appear as a witness before the board is entitled 6
to the witness fees prescribed by regulation or, if no witness fees are 7
prescribed, the reasonable witness fees decided by the chairperson. 8
of documents or things 9
Inspection
Clause136.(1) If a document or thing is produced to the board at the inquiry, 10
the board may-- 11
(a) inspect the document or thing; and 12
(b) make copies of, photograph, or take extracts from, the document 13
or thing if it is relevant to the inquiry. 14
(2) The board may also take possession of the document or thing, and 15
keep it while it is necessary for the inquiry. 16
(3) While it keeps a document or thing, the board must permit a person 17
otherwise entitled to possession of the document or thing to inspect, make 18
copies of, photograph, or take extracts from, the document or thing, at a 19
reasonable place and time that the board decides. 20
may continue despite court proceedings unless otherwise 21
Inquiry
ordered 22
The inquiry of the board of inquiry may start or continue, and a 23
Clause137.
report may be prepared or given, despite a proceedings before any court or 24
tribunal, unless a court or tribunal with the necessary jurisdiction orders 25
otherwise. 26
by witnesses 27
Offences
Clause138.(1) A person given a notice under section 135 (Notice to witness) 28
must not-- 29
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Marine Safety Bill
(a) fail, without reasonable excuse, to attend as required by the notice; 1
or 2
(b) fail, without reasonable excuse, to continue to attend as required 3
by the chairperson of the board of inquiry until excused from 4
further attendance. 5
Maximum penalty--40 penalty units 6
(2) A person appearing as a witness at the inquiry must not-- 7
(a) fail to take an oath or make an affirmation when required by the 8
chairperson of the board; or 9
(b) fail, without reasonable excuse, to answer a question the person is 10
required to answer by a member of the board; or 11
(c) fail, without reasonable excuse, to produce a document or thing 12
the person is required to produce by a notice under section 135. 13
Maximum penalty--40 penalty units. 14
15
Self-incrimination
A person appearing as a witness at the inquiry is not excused 16
Clause139.(1)
from-- 17
(a) answering a question put to the person at the inquiry; or 18
(b) producing a document or thing at the inquiry; 19
on the ground that the answer or production of the document or thing might 20
tend to incriminate the person. 21
(2) However, neither the answer, nor the fact that the person has 22
produced the document or thing, is admissible in evidence against the 23
person in a criminal proceeding (other than a proceeding about the falsity or 24
misleading nature of the answer, document or thing) if-- 25
(a) before answering the question or producing the document or 26
thing, the person claims that answering the question or producing 27
the document or thing might tend to incriminate the person; and 28
(b) answering the question or producing the document or thing might 29
in fact tend to incriminate the person. 30
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or misleading information 1
False
A person must not-- 2
Clause140.(1)
(a) state anything to the board of inquiry that the person knows is 3
false or misleading in a material particular; or 4
(b) omit from a statement made to the board of inquiry anything 5
without which the statement is, to the person's knowledge, 6
misleading in a material particular. 7
Maximum penalty--200 penalty units. 8
(2) A complaint against a person for an offence against subsection (1)(a) 9
or (b) is sufficient if it states the statement made was false or misleading to 10
the person's knowledge. 11
or misleading documents 12
False
A person must not give to the board of inquiry a document 13
Clause141.(1)
containing information the person knows is false, misleading or incomplete 14
in a material particular. 15
Maximum penalty--200 penalty units. 16
(2) Subsection (1) does not apply to a person who, when giving the 17
document-- 18
(a) informs the board, to the best of the person's ability, how it is 19
false, misleading or incomplete; and 20
(b) gives the correct information to the board if the person has, or can 21
reasonably obtain, the correct information. 22
(3) A complaint against a person for an offence against subsection (1) is 23
sufficient if it states the document was false, misleading or incomplete to 24
the person's knowledge. 25
of board 26
Contempt
A person must not-- 27
Clause142.
(a) insult the board of inquiry; or 28
(b) deliberately interrupt the inquiry; or 29
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Marine Safety Bill
(c) create or continue or join in creating or continuing, a disturbance 1
in or near a place where the board is conducting its inquiry; or 2
(d) do anything that would be contempt of court if the board were a 3
Judge acting judicially. 4
Maximum penalty--40 penalty units. 5
of offences 6
Report
If the board of inquiry considers material before it discloses an 7
Clause143.
offence, it may report the offence to 1 or more of the following persons and 8
may make available to the person or persons all relevant material in the 9
board's possession-- 10
(a) the Commissioner of the Police Service; 11
(b) the Criminal Justice Commission; 12
(c) the Director of Prosecutions; 13
(d) the chief executive. 14
of membership of board 15
Change
Clause144. The inquiry of the board of inquiry is not affected by a change in 16
its membership. 17
PART 12--SHIPPING INSPECTORS 18
1--General 19
Division
of shipping inspectors 20
Functions
Clause145. The functions of shipping inspectors are as follows-- 21
(a) to monitor ships and their operations to ensure Part 3 (General 22
safety obligations and standards) and other provisions of this Act 23
are complied with; 24
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Marine Safety Bill
(b) to monitor the holders of approvals and their business operations 1
to ensure that Part 4 (Registration, licensing, permits and 2
accreditation) is complied with; 3
(c) to help harbour masters, including exercising any delegated 4
powers under Part 6 (Harbour masters); 5
(d) to investigate marine incidents and report the results to the chief 6
executive under Part 10 (Marine incidents); 7
(e) to carry out directions of boards of inquiry under Part 11 (Boards 8
of inquiry). 9
inspectors subject to directions from chief executive 10
Shipping
A shipping inspector is subject to the directions of the chief 11
Clause146.
executive in exercising powers of a shipping inspector. 12
of shipping inspectors under this Part 13
Powers
The powers given to a shipping inspector under this Part are 14
Clause147.(1)
in addition to, and do not limit, the powers given to a shipping inspector 15
under-- 16
(a) another Part of this Act; or 17
(b) a condition of an approval. 18
(2) The powers under this Part may be exercised in relation to-- 19
(a) ships; and 20
(b) places specified in an approval as a place of business; and 21
(c) other premises and vehicles. 22
(3) If a shipping inspector may exercise a power under a provision of 23
this Part and another provision of this Act, the inspector may exercise the 24
power under either or both provisions. 25
(4) If a shipping inspector may exercise a power under this Part and 26
under a condition of an approval, the inspector may exercise the power 27
under either or both. 28
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on powers of a shipping inspector 1
Limitation
Clause148. The powers of a shipping inspector may be limited-- 2
(a) under a regulation; or 3
(b) under a condition of appointment; or 4
(c) by notice of the chief executive given to the shipping inspector 5
Division 2--Appointment of shipping inspectors and other matters 6
of shipping inspectors 7
Appointment
Clause149.(1) The chief executive may appoint any of the following persons 8
as shipping inspectors-- 9
(a) officers and employees of the public service; 10
(b) officers and employees of port authorities; 11
(c) police officers; 12
(d) other persons prescribed by regulation. 13
(2) The chief executive may appoint a person (other than a police officer) 14
as a shipping inspector only if-- 15
(a) in the chief executive's opinion, the person has the necessary 16
expertise or experience to be a shipping inspector; or 17
(b) the person has satisfactorily finished training approved by the 18
chief executive. 19
of appointment of shipping inspectors 20
Conditions
A shipping inspector holds office on the conditions specified 21
Clause150.(1)
in the instrument of appointment. 22
(2) A shipping inspector-- 23
(a) if the appointment provides for a term of appointment--ceases 24
holding office at the end of the term; and 25
(b) may resign by signed notice of resignation given to the chief 26
executive; and 27
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Marine Safety Bill
(c) if the conditions of appointment provide--ceases holding office 1
as a shipping inspector on ceasing to hold some other office 2
specified in the conditions of appointment. 3
inspector's identity card 4
Shipping
The chief executive must give an identity card to each 5
Clause151.(1)
shipping inspector. 6
(2) The identity card must-- 7
(a) contain a recent photograph of the shipping inspector; and 8
(b) be in a form approved by the chief executive; and 9
(c) be signed by the shipping inspector. 10
(3) A person who ceases to be a shipping inspector must return the 11
person's identity card to the chief executive as soon as practicable after the 12
person ceases to be a shipping inspector, unless the person has a reasonable 13
excuse for not returning it. 14
Maximum penalty for subsection (3)--40 penalty units. 15
(4) This section does not apply to a shipping inspector who is a police 16
officer. 17
of shipping inspector's identity card 18
Display
A shipping inspector (other than a police officer in uniform) 19
Clause152.(1)
may exercise a power in relation to a person only if the inspector displays 20
the inspector's identity card for inspection by the person. 21
(2) If, for any reason, it is not practicable to comply with subsection (1), 22
the inspector must produce the identity card for inspection by the person at 23
the first reasonable opportunity. 24
from liability 25
Protection
A shipping inspector is not civilly liable for an act or 26
Clause153.(1)
omission done honestly and without negligence under this Act. 27
(2) If subsection (1) prevents a civil liability attaching to a shipping 28
inspector, the liability attaches instead to the State. 29
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Division 3--Powers of shipping inspectors 1
to place by shipping inspectors 2
Entry
Clause154. A shipping inspector may enter a place if-- 3
(a) the occupier of the place consents to the entry; or 4
(b) it is a public place and the entry is made when the place is open to 5
the public; or 6
(c) it is mentioned in an approval as a place of business and the entry 7
is made when the place is open for conduct of business or is 8
otherwise open for entry; or 9
(d) the entry is permitted by a warrant. 10
11
Warrants
Clause155.(1) A shipping inspector may apply to a Magistrate for a warrant 12
for a place. 13
(2) The application must-- 14
(a) be sworn; and 15
(b) specify the grounds on which the warrant is sought. 16
(3) The Magistrate may refuse to consider the application until the 17
inspector gives the Magistrate all the information the Magistrate requires 18
about the application in the way the Magistrate requires. 19
20
Example--
21
The Magistrate may require additional information supporting the application be
22
given by statutory declaration
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 23
there are reasonable grounds for suspecting-- 24
(a) there is a particular thing or activity (the "evidence") that may 25
provide evidence of the commission of an offence against this 26
Act; and 27
(b) the evidence is at the place, or may be at the place within the next 28
7 days. 29
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(5) The warrant must state-- 1
(a) that the inspector may, with necessary and reasonable help and 2
force-- 3
(i) enter the place; and 4
(ii) exercise the inspector's powers under this Act; and 5
(b) the evidence for which the warrant is issued; and 6
(c) the hours of the day when entry may be made; and 7
(d) the day (within 14 days after the warrant's issue) when the 8
warrant ceases to have effect. 9
made other than in person 10
Warrants--applications
A shipping inspector may apply for a warrant by phone, fax, 11
Clause156.(1)
radio or another form of communication if the inspector considers it 12
necessary because of-- 13
(a) urgent circumstances; or 14
(b) other special circumstances, including, for example, the 15
inspector's remote location. 16
(2) Before applying for the warrant, the inspector must prepare an 17
application specifying the grounds on which the warrant is sought. 18
(3) The inspector may apply for the warrant before the application is 19
sworn. 20
(4) If the Magistrate issues the warrant and it is reasonably practicable to 21
fax a copy of it to the inspector, the Magistrate must immediately fax the 22
copy to the inspector. 23
(5) If the Magistrate issues the warrant but it is not reasonably practicable 24
to fax a copy of it to the inspector-- 25
(a) the Magistrate must-- 26
(i) tell the inspector what the terms of the warrant are; and 27
(ii) tell the inspector the date and time the warrant was signed; 28
and 29
(iii) record the reasons for issuing the warrant on the warrant; 30
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and 1
(b) the inspector must-- 2
(i) complete a form of warrant ("warrant form") in the same 3
terms as the warrant issued by the Magistrate; and 4
(ii) write on the warrant form the name of the Magistrate and the 5
date and time the Magistrate signed the warrant. 6
(6) The facsimile warrant, or the warrant form properly completed by the 7
inspector, is authority for the entry and the exercise of the other powers 8
permitted by the warrant issued by the Magistrate. 9
(7) The inspector must send to the Magistrate-- 10
(a) the sworn application; and 11
(b) if a warrant form was completed by the inspector--the completed 12
warrant form. 13
(8) The sworn application and any completed warrant form must be sent 14
to the Magistrate at the earliest practicable opportunity. 15
(9) When the Magistrate receives the application and any warrant form, 16
the Magistrate must attach them to the warrant issued by the Magistrate. 17
(10) If-- 18
(a) in a proceeding a question arises whether the exercise of a power 19
was authorised by a warrant issued under this section; and 20
(b) the warrant is not produced in evidence; 21
the court must presume the exercise of power was not authorised by a 22
warrant unless the contrary is proved. 23
of ships and entry of vehicles 24
Boarding
Clause157.(1) A shipping inspector may board a ship at any reasonable time 25
of the day or night to find out whether this Act is being complied with. 26
(2) A shipping inspector may also board a ship or enter a vehicle at any 27
reasonable time of the day or night if the inspector has reasonable grounds 28
for suspecting that-- 29
(a) the ship or vehicle is being, or has been, used in the commission 30
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of an offence against this Act; or 1
(b) the ship or vehicle, or a document or other thing in or on the ship 2
or vehicle, may provide evidence of the commission of an 3
offence against this Act. 4
of ship that is moving or about to move 5
Boarding
Clause158.(1) This section applies if a shipping inspector intends to board a 6
ship under section 157 (Boarding of ships and entry of vehicles), including 7
a ship that is being carried or towed by a vehicle. 8
(2) If the ship or the vehicle carrying or towing the ship is moving or 9
about to move, the inspector may signal the person in control of the ship or 10
vehicle to stop the ship or vehicle or not to move it. 11
(3) To enable the ship to be boarded, the inspector may-- 12
(a) act with any necessary and reasonable help and force; and 13
(b) require the person in control of the ship or vehicle to give 14
reasonable help to the inspector. 15
(4) A person must not disobey a signal under subsection (2), unless the 16
person has a reasonable excuse. 17
Maximum penalty--200 penalty units. 18
(5) A person must not fail to comply with a requirement under 19
subsection (3)(b), unless the person has a reasonable excuse. 20
Maximum penalty--200 penalty units. 21
(6) It is a reasonable excuse for a person to disobey a signal under 22
subsection (2) if-- 23
(a) the person reasonably believes that to obey the signal immediately 24
would have endangered the person or someone else; and 25
(b) the person obeys the signal as soon as it is practicable to obey it. 26
inspector's general powers for ships, vehicles and places 27
Shipping
A shipping inspector who boards a ship, or enters a vehicle 28
Clause159.(1)
or place, under this Part may-- 29
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Marine Safety Bill
(a) search any part of the ship, vehicle or place; or 1
(b) inspect, examine, photograph or film anything in or on the ship, 2
vehicle or place; or 3
(c) take samples of or from anything in or on the ship, vehicle or 4
place; or 5
(d) if the inspector boards a ship--survey the ship or any part of it; or 6
(e) take extracts from, or make copies of, any documents in or on the 7
ship, vehicle or place; or 8
(f) take into or onto the ship, vehicle or place any persons, equipment 9
and materials the inspector reasonably requires for exercising any 10
powers in relation to the ship, vehicle or place; or 11
(g) require the occupier of the place, or any person in or on the ship, 12
vehicle or place, to give the inspector reasonable help for the 13
exercise of the powers mentioned in paragraphs (a) to (f); or 14
(h) if the inspector boards a ship or enters a vehicle--require the 15
person in control of the ship or vehicle-- 16
(i) to bring the ship or vehicle to a specified place; and 17
(ii) to remain in control of the ship or vehicle at the place for a 18
reasonable time; 19
to enable the inspector to exercise the powers mentioned in 20
paragraphs (a) to (f); or 21
(i) if the inspector boards a ship or enters a vehicle--require the 22
person in control of the ship or vehicle to accompany the 23
inspector to enable the inspector to comply with subsection (6). 24
(2) A person who is required by a shipping inspector under 25
subsection (1)(g) to give reasonable help to the inspector for the exercise of 26
a power must comply with the requirement, unless the person has a 27
reasonable excuse for not complying with it. 28
Maximum penalty--40 penalty units. 29
(3) If the help is required to be given by a person by-- 30
(a) answering a question; or 31
(b) producing a document (other than a document required to be kept 32
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by the person under this Act); 1
it is a reasonable excuse for the person to fail to answer the question, or 2
produce the document, if complying with the requirement might tend to 3
incriminate the person. 4
(4) A person who is required by a shipping inspector under 5
subsection (1)(h) to take action in relation to a ship or vehicle must comply 6
with the requirement, unless the person has a reasonable excuse for not 7
complying with it. 8
Maximum penalty--40 penalty units. 9
(5) A person who is required under subsection (1)(i) to accompany an 10
inspector must comply with the requirement, unless the person has a 11
reasonable excuse for not complying with it. 12
(6) The inspector must not enter a part of a ship or vehicle that is used 13
only as a living area, or exercise powers under subsection (1)(a) to (f) in 14
relation to the part, unless the inspector is accompanied by the person in 15
control of the ship or vehicle. 16
(7) Subsection (6) does not apply if the person in control of the ship or 17
vehicle is unavailable or unwilling to accompany the inspector or the 18
inspector is unable for another reason to comply with the subsection. 19
to seize after boarding ship or entering a vehicle 20
Power
A shipping inspector who boards a ship or enters a vehicle 21
Clause160.
under this Part may-- 22
(a) seize a thing in or on the ship or vehicle; or 23
(b) after searching the ship or vehicle--seize the ship or vehicle; 24
if the inspector believes, on reasonable grounds, the thing, ship or vehicle is 25
evidence of the commission of an offence against this Act. 26
to seize evidence from places 27
Power
Clause161.(1) A shipping inspector who enters a place under this Part under 28
a warrant may seize the evidence for which the warrant was issued. 29
(2) A shipping inspector who enters a place under this Part with the 30
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consent of the occupier may seize the particular thing for which the entry 1
was made if the inspector believes on reasonable grounds the thing is 2
evidence of an offence against this Act. 3
(3) A shipping inspector who enters a place under this Part may also 4
seize another thing if the inspector believes on reasonable grounds-- 5
(a) the thing is evidence of the commission of an offence against this 6
Act; and 7
(b) the seizure is necessary to prevent-- 8
(i) the concealment, loss, death or destruction of the thing; or 9
(ii) the use of the thing in committing, continuing or repeating 10
the offence. 11
after thing seized 12
Procedure
As soon as practicable after a thing (including a ship or 13
Clause162.(1)
vehicle) is seized by a shipping inspector under this Part, the inspector must 14
give a receipt for it to the person from whom it was seized. 15
(2) If, for any reason, it is not practicable to comply with subsection (1), 16
the inspector must-- 17
(a) leave the receipt at the place where the thing was seized; and 18
(b) ensure the receipt is left in a reasonably secure way in a 19
conspicuous position. 20
(3) The inspector must allow a person who would be entitled to the 21
seized thing if it were not in the inspector's possession-- 22
(a) to inspect it; or 23
(b) if it is a document--to take extracts from it or make copies of it. 24
(4) The inspector must return the seized thing to the person at the end 25
of-- 26
(a) 6 months; or 27
(b) if a prosecution for an offence involving it is started within 28
6 months--the prosecution for the offence and any appeal from 29
the prosecution. 30
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Marine Safety Bill
(5) Despite subsection (4), the inspector must return the seized thing to 1
the person immediately the inspector stops being satisfied its retention as 2
evidence is necessary. 3
(6) However, the inspector may keep the seized thing as mentioned in 4
subsection (4) if the inspector believes, on reasonable grounds, that its 5
continued retention is necessary to prevent its use in committing an offence 6
against this Act. 7
inspector may direct that ship stays at, or goes to, safe 8
Shipping
anchorage 9
This section applies if a shipping inspector believes, on 10
Clause163.(1)
reasonable grounds, that life may be endangered because-- 11
(a) a ship that is being, or is about to be, operated is not safe; or 12
(b) a ship cannot be operated safely. 13
(2) The inspector may, by written direction, require the master of the 14
ship-- 15
(a) if the ship is in a pilotage area--to keep the ship at the ship's 16
anchorage, berth or mooring or to take the ship to an anchorage, 17
berth or mooring; or 18
(b) in any other case--to take the ship to the nearest safe anchorage, 19
berth or mooring; 20
to enable the ship to be further inspected and, if necessary, surveyed. 21
(3) The master must comply with the direction. 22
Maximum penalty--200 penalty units. 23
(4) However, if a contravention of subsection (3) causes the death of, or 24
grievous bodily harm to, a person, the master commits an indictable offence 25
and is liable to a maximum penalty of 5 000 penalty units or imprisonment 26
for 2 years. 27
(5) The inspector may not exercise the power under subsection (2)(b) if it 28
is reasonable to require the ship to be inspected at its next port of call. 29
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Marine Safety Bill
inspector may direct ship is surveyed and order repairs 1
Shipping
Clause164.(1) This section applies to a ship that-- 2
(a) is the subject of a direction under section 163 (Shipping inspector 3
may direct that ship stays at, or goes to, safe anchorage); or 4
(b) has been allowed to go to its next port of call because a shipping 5
inspector decided that it was reasonable to require the ship to be 6
inspected at the port. 7
(2) A shipping inspector may board the ship, inspect it and, if the 8
inspector considers necessary, direct that it be surveyed as specified by the 9
inspector. 10
(3) If the shipping inspector is satisfied that life may be endangered 11
because of the state of the ship, the shipping inspector may, by written 12
direction, order the master not to operate the ship until works specified in 13
the order are carried out to the ship or the ship is provided with specified 14
equipment. 15
(4) The master must not contravene a direction under this section. 16
Maximum penalty--500 penalty units or imprisonment for 1 year. 17
(5) However, if a contravention of subsection (4) causes the death of, or 18
grievous bodily harm to, a person, the master commits an indictable offence 19
and is liable to a maximum penalty of 5 000 penalty units or imprisonment 20
for 2 years. 21
4--Other enforcement powers of shipping inspectors 22
Division
to require name and address 23
Power
A shipping inspector may require a person to state the 24
Clause165.(1)
person's name and address if the inspector-- 25
(a) finds the person committing an offence against this Act; or 26
(b) finds the person in circumstances that lead, or has information 27
that leads, the inspector to suspect on reasonable grounds the 28
person has just committed an offence against this Act. 29
(2) When making the requirement, the inspector must warn the person it 30
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is an offence to fail to state the person's name and address, unless the 1
person has a reasonable excuse. 2
(3) The inspector may require the person to give evidence of the 3
correctness of the person's name or address if the inspector suspects, on 4
reasonable grounds, that the name or address given is false. 5
(4) A person must comply with a shipping inspector's requirement 6
under subsection (1) or (3), unless the person has a reasonable excuse for 7
not complying with it. 8
Maximum penalty--40 penalty units. 9
(5) If a police officer who is a shipping inspector believes on reasonable 10
grounds that-- 11
(a) a person has not complied with a shipping inspector's 12
requirement under subsection (1) or (3); and 13
(b) proceedings by way of complaint and summons against the 14
person would be ineffective; 15
the police officer may arrest the person without warrant. 16
(6) The person does not commit an offence against this section if-- 17
(a) the shipping inspector required the person to state the person's 18
name and address on suspicion of the person having committed 19
an offence against this Act; and 20
(b) the person is not proved to have committed the offence. 21
to require information from certain persons 22
Power
This section applies if a shipping inspector suspects, on 23
Clause166.(1)
reasonable grounds-- 24
(a) an offence against this Act has happened; and 25
(b) a person may be able to give information about the offence. 26
(2) The shipping inspector may require the person to give information 27
about the offence. 28
(3) When making the requirement, the shipping inspector must warn the 29
person it is an offence to fail to give the information, unless the person has a 30
reasonable excuse. 31
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(4) The person must comply with the requirement, unless the person has 1
a reasonable excuse for not complying with it. 2
Maximum penalty--40 penalty units. 3
(5) It is a reasonable excuse for the person to fail to give information if 4
giving the information might tend to incriminate the person. 5
(6) The person does not commit an offence against this section if the 6
information sought by the shipping inspector is not in fact relevant to the 7
offence. 8
to require production of documents 9
Power
A shipping inspector may require a person to produce a 10
Clause167.(1)
document required to be kept by the person under this Act to the inspector 11
for inspection. 12
(2) The person must produce the document, unless the person has a 13
reasonable excuse for not producing it. 14
Maximum penalty--40 penalty units. 15
(3) The shipping inspector may keep the document to take an extract 16
from it or make a copy of it. 17
(4) The shipping inspector must return the document to the person as 18
soon as practicable after taking the extract or making the copy. 19
5--Other enforcement matters 20
Division
or misleading information 21
False
A person must not-- 22
Clause168.(1)
(a) state anything to a shipping inspector that the person knows is 23
false or misleading in a material particular; or 24
(b) omit from a statement made to a shipping inspector anything 25
without which the statement is, to the person's knowledge, 26
misleading in a material particular. 27
Maximum penalty--200 penalty units. 28
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Marine Safety Bill
(2) A complaint against a person for an offence against subsection (1)(a) 1
or (b) is sufficient if it states the statement made was false or misleading to 2
the person's knowledge. 3
or misleading documents 4
False
A person must not give to a shipping inspector a document 5
Clause169.(1)
containing information the person knows is false, misleading or incomplete 6
in a material particular. 7
Maximum penalty--200 penalty units. 8
(2) Subsection (1) does not apply to a person who, when giving the 9
document-- 10
(a) informs the shipping inspector, to the best of the person's ability, 11
of how it is false, misleading or incomplete; and 12
(b) gives the correct information to the inspector if the person has, or 13
can reasonably obtain, the correct information. 14
(3) A complaint against a person for an offence against subsection (1) is 15
sufficient if it states the document was false, misleading or incomplete to 16
the person's knowledge. 17
18
Compensation
A person may claim compensation from the State if the 19
Clause170.(1)
person incurs loss or expense because of the exercise or purported exercise 20
of a power under this Part. 21
(2) Payment of compensation may be claimed and ordered in a 22
proceeding for-- 23
(a) compensation brought in a court of competent jurisdiction; or 24
(b) an offence against this Act brought against the person making the 25
claim for compensation. 26
(3) A court may order the payment of compensation for the loss or 27
expense only if it is satisfied it is just to make the order in the circumstances 28
of the particular case. 29
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Marine Safety Bill
inspector to give notice of damage 1
Shipping
A shipping inspector who, in the exercise of a power under 2
Clause171.(1)
this Part, damages anything must promptly give written notice of the 3
particulars of the damage. 4
(2) The notice must be given-- 5
(a) if the thing is a ship or is on a ship--to the ship's master; or 6
(b) in any other case--to the person who appears to the inspector to 7
be the owner of the thing. 8
(3) If, for any reason, it is not practicable to comply with subsection (2), 9
the shipping inspector must-- 10
(a) leave the notice at the place where the damage happened; and 11
(b) ensure the notice is left in a reasonably secured way in a 12
conspicuous position. 13
to entry 14
Consent
Clause172.(1) This section applies if a shipping inspector intends to seek the 15
consent of an occupier of a place to the entry of the place by the inspector 16
under this Part. 17
(2) Before seeking the consent, the inspector may inform the occupier 18
that the occupier may refuse to give the consent. 19
(3) If the consent is given, the inspector may ask the occupier to sign an 20
acknowledgment of the consent. 21
(4) The acknowledgment must-- 22
(a) state the occupier was informed of the occupier's right to refuse 23
to give the consent; and 24
(b) state the occupier gave the inspector consent under this Part-- 25
(i) to enter the place; and 26
(ii) to exercise the powers mentioned in section 159 (Shipping 27
inspector's general powers for ships, vehicles and places); 28
and 29
(c) specify the time and date when the consent was given. 30
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Marine Safety Bill
of consent 1
Evidence
Clause173.(1) This section applies to a proceeding if-- 2
(a) a question arises whether an occupier of a place consented to the 3
entry of the place by a shipping inspector under this Part; and 4
(b) an acknowledgment under section 172 (Consent to entry) is not 5
produced in evidence. 6
(2) In a proceeding to which this section applies, the court may presume 7
the occupier did not consent unless the contrary is proved. 8
of shipping inspectors 9
Obstruction
A person must not obstruct a shipping inspector in the 10
Clause174.(1)
exercise of a power, unless the person has a reasonable excuse. 11
Maximum penalty--200 penalty units. 12
(2) If a person has obstructed a shipping inspector, the inspector must-- 13
(a) warn the person it is an offence to obstruct the inspector, unless 14
the person has a reasonable excuse; and 15
(b) identify the act or omission that the inspector considers is the 16
obstruction. 17
(3) If the person continues to commit the act or make the omission, or 18
again commits the act or makes the omission, after the inspector has 19
complied with subsection (2), a shipping inspector who is a police officer 20
may arrest the person without warrant. 21
of shipping inspector 22
Impersonation
Clause175. A person must not pretend to be a shipping inspector. 23
Maximum penalty--40 penalty units. 24
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Marine Safety Bill
PART 13--ORDERLY CONTROL OVER SHIPS 1
1--General 2
Division
boarding of or remaining alongside or hovering near a ship 3
Illegal
A person must not go on board, remain alongside or hover near 4
Clause176.
a ship in a pilotage area or port unless the person-- 5
(a) has the permission of the ship's owner or master or a person 6
authorised by the owner or master; or 7
(b) is there on official business under an Act; or 8
(c) has another reasonable excuse. 9
Maximum penalty--40 penalty units. 10
of failing to leave a ship 11
Offence
A person must not remain on board a ship if-- 12
Clause177.
(a) the person is not entitled to be on board it; and 13
(b) the owner or master or a person authorised by the owner or 14
master asks the person to leave the ship; 15
unless the person has a reasonable excuse for remaining on board. 16
Maximum penalty--40 penalty units. 17
interference with ship 18
Unlawful
Clause178.(1) A person must not unlawfully interfere with a ship. 19
Maximum penalty--500 penalty units or imprisonment for 1 year. 20
(2) However, if the contravention of subsection (1) causes the death of, 21
or grievous bodily harm to, another person, the person commits an 22
indictable offence and is liable to a maximum penalty of 5 000 penalty units 23
or imprisonment for 2 years. 24
(3) A person unlawfully interferes with a ship if the person wilfully, and 25
without authority, justification or excuse, detrimentally interferes with the 26
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Marine Safety Bill
safe operation of the ship. 1
2
Example of detrimental interference--
3
A person removes, alters or damages the ship's safety equipment.
2--Passenger carrying ships 4
Division
of Division 5
Application
A provision of this Division applies only to a ship to which this 6
Clause179.
Division, or the provision, is applied by regulation. 7
of person from ship 8
Exclusion
Clause180.(1) In this section-- 9
"master" includes a person authorised by the master. 10
(2) A ship's master may refuse to allow a person to board a ship if the 11
master is of the opinion, on reasonable grounds, that the person may annoy 12
or injure other persons on the ship because of the person's intoxicated 13
condition or disorderly or violent behaviour. 14
(3) A ship's master may refuse to allow a person to board a ship for 15
another reasonable reason (including, for example, that the ship was full). 16
(4) A ship's master may ask a person to leave the ship at a convenient 17
port if the master is of the opinion, on reasonable grounds, that the person is 18
likely to annoy or injure, or further annoy or injure, persons on the ship 19
because of the person's intoxicated condition or disorderly or violent 20
behaviour. 21
offences by passengers etc. 22
Miscellaneous
Clause181.(1) In this section-- 23
"master" includes a person authorised by the master. 24
(2) A person must not board or attempt to board a ship after the ship's 25
master has, under section 180(2) or (3) (Exclusion of person from ship), 26
refused to allow the person to board the ship. 27
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Marine Safety Bill
(3) A person who is required under section 180(4) to leave a ship must 1
leave the ship. 2
(4) A person on a ship must not annoy or injure, or continue to annoy or 3
injure, anyone else on the ship after being warned not to do so by the ship's 4
master or a member of the crew. 5
Maximum penalty--40 penalty units 6
of master or crew 7
Obstruction
A person must not obstruct the master or a crew member of 8
Clause182.(1)
a ship in the operation of the ship or the performance of any duty on or 9
about the ship, unless the person has a reasonable excuse. 10
Maximum penalty--500 penalty units or imprisonment for 1 year. 11
(2) In this section-- 12
"obstruct" includes a contravention of a direction given by the master or 13
crew member about safety. 14
by ship's master 15
Arrest
A person found committing an offence against this Part may 16
Clause183.(1)
be arrested without warrant by the master of the ship concerned. 17
(2) A person arrested by a master must be placed, as soon as practicable, 18
in the custody of a police officer to be promptly brought before a 19
Magistrates Court, released under the Bail Act 1980 or released by the 20
officer without charge. 21
PART 14--PROCEEDINGS 22
preserved 23
Jurisdiction
This Part does not affect jurisdiction given to a court under 24
Clause184.
another Act, including, for example, Part 6 (Proceedings in case of simple 25
offences and breaches of duty), Division 1 (Venue) of the Justices Act 1886 26
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Marine Safety Bill
that deals with the venue of proceedings for simple offences and breaches 1
of duty. 2
for offences 3
Jurisdiction
To give jurisdiction under this Act in a proceeding for an 4
Clause185.
offence, a court's jurisdiction includes the jurisdiction it would have if the 5
offence were committed at the place where the charged person was arrested 6
or served with the summons for the offence. 7
of jurisdiction 8
Presumption
In a proceeding under this Act, if a question arises whether a 9
Clause186.
ship is or is not within a provision of this Act, it must be presumed that the 10
ship is within the provision unless the contrary is proved. 11
over ships lying or passing off the coast or in or near 12
Jurisdiction
navigable waters 13
If a district in which a court has jurisdiction is next to the 14
Clause187.(1)
coast or navigable water, the court's jurisdiction over-- 15
(a) a ship on or lying or passing off the coast or in or near the 16
navigable water; and 17
(b) all persons on or belonging to the ship; 18
includes the jurisdiction the court would have if the ship were in the district. 19
(2) More than 1 district in which a court has jurisdiction may satisfy the 20
requirements under subsection (1) for jurisdiction over a ship. 21
are summary unless expressly indictable etc. 22
Offences
Clause188.(1) An offence against this Act is a summary offence, unless it is 23
expressly provided to be an indictable offence. 24
(2) In applying sections 161 (Mode of enforcement where no express 25
provision made) and 161A (Mode of levying penalties, moneys or costs) of 26
the Justices Act 1886 to a proceeding for an offence against this Act 27
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Marine Safety Bill
committed by a person as the owner or master of a ship, the goods and 1
chattels of the owner or master include the ship. 2
for indictable offences 3
Proceedings
A proceeding for an indictable offence against this Act may 4
Clause189.(1)
be taken, at the election of the prosecution-- 5
(a) by way of summary proceedings under the Justices Act 1886; or 6
(b) on indictment. 7
(2) A Magistrate must not hear an indictable offence summarily if-- 8
(b) the defendant asks at the start of the hearing that the charge be 9
prosecuted on indictment; or 10
(b) the Magistrate considers that the charge should be prosecuted on 11
indictment. 12
(3) If subsection (2) applies-- 13
(a) the Magistrate must proceed by way of an examination of 14
witnesses for an indictable offence; and 15
(b) a plea of the person charged at the start of the proceeding must be 16
disregarded; and 17
(c) evidence brought in the proceeding before the Magistrate decided 18
to act under subsection (2) is taken to be evidence in the 19
proceeding for the committal of the person for trial or sentence; 20
and 21
(d) before committing the person for trial or sentence the Magistrate 22
must make a statement to the person as required by 23
section 104(2)(b) of the Justices Act 1886. 24
(4) The maximum penalty that may be summarily imposed for an 25
indictable offence is 2 500 penalty units or imprisonment for 18 months. 26
on who may summarily hear indictable offence 27
Limitation
proceedings 28
A proceeding must be before a Magistrate if it is a 29
Clause190.(1)
proceeding-- 30
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Marine Safety Bill
(a) for the summary conviction of a person on a charge for an 1
indictable offence; or 2
(b) for an examination of witnesses for a charge for an indictable 3
offence. 4
(2) However, if a proceeding for an indictable offence is brought before a 5
justice who is not a Magistrate, jurisdiction is limited to taking or making a 6
procedural action or order within the meaning of the Justices of the Peace 7
and Commissioners for Declarations Act 1991. 8
on time for starting summary proceedings 9
Limitation
A proceeding for an offence by way of summary proceeding 10
Clause191.
under the Justices Act 1886 must start within 1 year after-- 11
(a) the commission of the offence; or 12
(b) the offence comes to the complainant's knowledge, but within 13
2 years after the commission of the offence; 14
whichever is the later. 15
provision for service of documents 16
Special
A document may be served on the master of a ship or a 17
Clause192.(1)
member of the ship's crew by leaving it-- 18
(a) if, at the time of service, there is a person on board who is 19
apparently in charge of the ship--with the person after explaining 20
to the person the purpose of the document; or 21
(b) in any other case--in a reasonably secure way in a conspicuous 22
position near the ship's controls. 23
(2) If a document is required or permitted to be served on the master of a 24
ship and there is no master or apparently there is no master, the document 25
may be served on the owner of the ship. 26
(3) A document is served on all owners of a ship if it is served on any 27
person mentioned in section 9 (Meaning of "owner"). 28
(4) Nothing in this section effects-- 29
(a) the operation of another law that requires or permits service of a 30
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Marine Safety Bill
document other than as provided in this section; or 1
(b) the power of a court or tribunal to authorise service of a document 2
other than as provided in this section. 3
provisions 4
Evidentiary
Clause193.(1) This section applies to a proceeding under this Act or another 5
Act prescribed by regulation. 6
(2) Unless a party, by reasonable notice, requires proof of-- 7
(a) the appointment of the chief executive, a harbour master or a 8
shipping inspector; or 9
(b) the authority of the chief executive, a harbour master or a 10
shipping inspector to do anything under this Act; 11
the appointment or authority must be presumed. 12
(3) A signature purporting to be the signature of the chief executive, a 13
harbour master or a shipping inspector is evidence of the signature it 14
purports to be. 15
(4) A certificate purporting to be signed by the chief executive, a harbour 16
master or a shipping inspector and stating any of the following matters is 17
evidence of the matter-- 18
(a) a specified document is-- 19
(i) an approval or a copy of an approval; or 20
(ii) a direction or decision, or a copy of a direction or decision, 21
given or made under this Act; or 22
(iii) a record or document, a copy of a record or document, or an 23
extract from a record or document, kept under this Act; 24
(b) on a specified day, or during a specified period, a specified person 25
was or was not the holder of an approval or a specified approval; 26
(c) a specified approval was or was not in force on a specified day or 27
during a specified period; 28
(d) on a specified day, a specified approval-- 29
(i) was suspended for a specified period; or 30
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Marine Safety Bill
(ii) was cancelled; 1
(e) on a specified day, a specified person was given a specified order 2
or direction under this Act; 3
(f) a specified fee or other amount is payable under this Act by a 4
specified person and has not been paid. 5
of company directors, employees or agents 6
Conduct
Clause194.(1) In this section-- 7
"engaging" in conduct includes failing to engage in conduct; 8
"representative" means-- 9
(a) for a corporation--an executive officer, employee or agent of the 10
corporation; or 11
(b) for an individual--an employee or agent of the individual; 12
"state of mind" of a person includes-- 13
(a) the person's knowledge, intention, opinion, belief or purpose; and 14
(b) the person's reasons for the intention, opinion, belief or purpose. 15
(2) If, in a proceeding for an offence against this Act, it is necessary to 16
establish the state of mind of a corporation about particular conduct, it is 17
enough to show-- 18
(a) the conduct was engaged in by a representative of the corporation 19
within the scope of the representative's actual or apparent 20
authority; and 21
(b) the representative had the state of mind. 22
(3) Conduct engaged in for a corporation by a representative of the 23
corporation within the scope of the representative's actual or apparent 24
authority is taken, in a proceeding for an offence against this Act, to have 25
been engaged in also by the corporation unless the corporation establishes it 26
took reasonable precautions and exercised proper diligence to avoid the 27
conduct. 28
(4) If, in a proceeding for an offence against this Act, it is necessary to 29
establish the state of mind of an individual about particular conduct, it is 30
enough to show-- 31
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Marine Safety Bill
(a) the conduct was engaged in by a representative of the individual 1
within the scope of the representative's actual or apparent 2
authority; and 3
(b) the representative had the state of mind. 4
(5) Conduct engaged in for an individual by a representative of the 5
individual within the scope of the representative's actual or apparent 6
authority is taken, in a proceeding for an offence against this Act, to have 7
been engaged in also by the individual unless the individual establishes the 8
individual took reasonable precautions and exercised proper diligence to 9
avoid the conduct. 10
ART 15--APPEALS 11
P
12
Appeals
Clause195.(1) A person whose interests are affected by a decision under this 13
Act about any of the following matters may appeal against the decision to a 14
District Court-- 15
(a) the registration of a ship; 16
(b) a certificate of compliance or survey for a ship; 17
(c) licensing of a person to be the master, a crew member or a pilot 18
of a ship; 19
(d) accreditation of a person as a ship designer, ship builder or 20
marine surveyor; 21
(e) a decision declared by regulation to be a decision against which an 22
appeal may be made to a District Court. 23
24
Examples of decision that may be appealed against to a District Court--
25
1. A decision to refuse to grant an application to accredit a person as a marine
26
surveyor.
27
2. A decision to cancel the registration of a ship.
(2) A person whose interests are affected by another decision under this 28
Act may appeal against the decision to a Magistrates Court. 29
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Marine Safety Bill
(3) However, the following decisions cannot be appealed against nor a 1
review sought-- 2
(a) a decision of the Governor in Council; 3
(b) a decision of the Minister about the Maritime Industry 4
Consultative Council or a board of inquiry; 5
(c) a decision of the chief executive about a standard; 6
(d) a decision declared by regulation to be a decision that cannot be 7
appealed against. 8
(4) A person who may appeal against or seek a review of a decision is 9
entitled to receive a statement of reasons for the decision. 10
(5) An appeal lies under subsections (1) and (2) against a decision made 11
by a delegate of the chief executive who is an officer or employee of the 12
department only if the applicant has sought a review by the chief executive 13
of the decision. 14
(6) Sections 17 to 23, and 24(3) to (5), of the Transport Planning and 15
Coordination Act 1994 apply to an appeal or review under this Act. 16
for making appeals 17
Time
An appeal by a person against a decision must be made 18
Clause196.(1)
before the end of 28 days after-- 19
(a) a document specifying the decision was given to the person; or 20
(b) if the document did not include a statement of reasons for the 21
decision and the person asked for a statement of reasons within 22
28 days after the document was given to the person--the person 23
is given the statement of reasons. 24
(2) However, the court to which an appeal against a decision lies may at 25
any time extend the period for making an appeal. 26
PART 16--MISCELLANEOUS 27
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Marine Safety Bill
or misleading documents 1
False
A person must not, for the purposes of this Act, give to the 2
Clause197.(1)
chief executive or an officer or employee of the department a document 3
containing information the person knows is false, misleading or incomplete 4
in a material particular. 5
Maximum penalty--200 penalty units. 6
(2) Subsection (1) does not apply to a person who, when giving the 7
document-- 8
(a) informs the chief executive, officer or employee, to the best of the 9
person's ability, how it is false, misleading or incomplete; and 10
(b) gives the correct information to the chief executive, officer or 11
employee if the person has, or can reasonably obtain, the correct 12
information. 13
(3) A complaint against a person for an offence against subsection (1) is 14
sufficient if it states the document was false, misleading or incomplete to 15
the person's knowledge. 16
of distress 17
Signals
A person must not-- 18
Clause198.(1)
(a) use or display a prescribed signal of distress other than under a 19
regulation; or 20
(b) cause or permit someone else to use or display a prescribed signal 21
of distress other than under a regulation. 22
Maximum penalty--200 penalty units. 23
(2) If-- 24
(a) a person has, under a regulation, used or displayed a prescribed 25
signal of distress or caused or permitted someone else to use or 26
display the prescribed signal; and 27
(b) any prescribed circumstances arise when the prescribed signal 28
must be revoked; 29
the person must immediately use all ways of communicating at the 30
person's disposal to revoke the prescribed signal. 31
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Marine Safety Bill
Maximum penalty--200 penalty units. 1
(3) However, if the contravention of subsection (1) or (2) by a person 2
causes the death of, or grievous bodily harm to, someone else, the person 3
commits an indictable offence and is liable to a maximum penalty of 5 000 4
penalty units or imprisonment for 2 years. 5
(4) If an offence against this section is proven against a person by a 6
court, the court (whether or not it convicts the person) may order the person 7
to pay to the State or another person an amount that represents reasonable 8
compensation for loss or expense suffered, work undertaken and risk 9
incurred because of the person's act or omission. 10
PART 17--REGULATIONS 11
making power 12
Regulation
Clause199. The Governor in Council may make regulations under this Act. 13
safety regulations--generally 14
Marine
Clause200.(1) The Governor in Council may make regulations about marine 15
safety and issues affecting marine safety. 16
17
Example--
18
The establishment, registration and control of buoy moorings.
(2) Without limiting subsection (1), a regulation may be made about the 19
design, building, surveying, maintenance, equipment, crewing, and stability 20
of ships and handling the ship's cargo (including livestock). 21
(3) A regulation may-- 22
(a) specify the objectives to be achieved and maintained under the 23
regulation; and 24
(b) specify indicators, parameters, factors or criteria to be used in 25
measuring or deciding any quality or condition of the matter dealt 26
with in the regulation; and 27
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Marine Safety Bill
(c) establish a program by which the specified objectives are to be 1
achieved and maintained; and 2
(d) provide for a program performance assessment procedure 3
(including performance indicators). 4
about fees and charges 5
Regulations
Clause201.(1) A regulation may be made about the fees and charges payable 6
under this Act. 7
(2) A charge may be a tax. 8
under regulations to be limited 9
Penalties
The maximum penalty that may be prescribed by a regulation 10
Clause202.
for an offence against a regulation is 200 penalty units. 11
may give effect to treaties, conventions or international 12
Regulation
agreements or documents 13
A regulation may give effect (with or without changes and 14
Clause203.(1)
whether in whole or part) to a treaty, convention or international agreement 15
or document about ships. 16
17
Examples--
18
1. The Prevention of Collisions Convention (within the meaning of Part IV
19
of the Commonwealth Navigation Act).
20
2. The Safety Convention (also within the meaning of Part IV of the
21
Commonwealth Navigation Act).
22
3. Resolutions, codes, recommendations and other documents issued by the
23
International Maritime Organization.
(2) A person must not contravene a regulation made under subsection (1) 24
that is declared to be a regulation to which this subsection applies, unless the 25
person has a reasonable excuse. 26
Maximum penalty--500 penalty units or imprisonment for 1 year. 27
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Marine Safety Bill
may give effect to Uniform Shipping Laws Code 1
Regulations
A regulation may give effect (with or without changes and 2
Clause204.
whether in whole or part) to the Uniform Shipping Laws Code adopted by 3
Commonwealth, State and Territory Ministers. 4
about dangerous substances 5
Regulations
A regulation may make provision about goods mentioned in 6
Clause205.(1)
the International Maritime Dangerous Goods Code issued by the 7
International Maritime Organization, including, for example-- 8
(a) the marking and carriage of the goods; and 9
(b) the loading of goods onto, or discharge of goods from, a ship in a 10
pilotage area. 11
(2) The regulation may also make provision for the powers of harbour 12
masters for the ships. 13
(3) A person must not contravene a regulation made under subsection (1) 14
that is declared to be a regulation to which this subsection applies, unless the 15
person has a reasonable excuse. 16
Maximum penalty for subsection (3)--500 penalty units. 17
(4) A regulation about a dangerous substance that is an explosive within 18
the meaning of the Explosives Act 1952 is complementary to that Act. 19
about signals of distress 20
Regulations
Clause206. A regulation may make provision about-- 21
(a) the signals to be used as prescribed signals of distress; and 22
(b) the circumstances when a prescribed signal of distress may be 23
used; and 24
(c) the circumstances when a prescribed signal of distress must be 25
revoked. 26
fees and conservancy dues 27
Pilotage
Clause207.(1) A regulation may make provision about-- 28
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Marine Safety Bill
(a) pilotage fees for the services of a pilot in a pilotage area, 1
including, for example, setting the fees by reference to a ship's 2
tonnage and having regard to the need to ensure that pilotage 3
services are provided in an efficient way; and 4
(b) conservancy dues for the provision and maintenance of aids to 5
navigation; and 6
(c) the procedures for the payment of pilotage fees and conservancy 7
dues; and 8
(d) the procedures for recovering pilotage fees or conservancy dues 9
payable under this Act. 10
(2) A pilotage fee or conservancy due may be a tax. 11
of ships for unpaid fees etc. 12
Detention
A regulation may make provision for the detention of a ship 13
Clause208.(1)
because-- 14
(a) pilotage fees, conservancy dues or other fees, charges or amounts 15
payable for the ship have not been paid; or 16
(b) a penalty payable by the owner or master of the ship has not been 17
paid. 18
(2) The regulation must provide for fair procedures for the detention of a 19
ship, including, for example, the giving of notice to the owner or master of 20
the ship about the detention. 21
(3) The notice about the detention must be signed by-- 22
(a) if the ship is in a port--the chief executive; or 23
(b) if the ship is in a pilotage area--the chief executive or a harbour 24
master. 25
(4) The notice must also contain information about-- 26
(a) the reasons for the detention; and 27
(b) the way the owner or master of the ship can give security for the 28
payment of the amounts payable to the State in relation to the 29
ship; and 30
(c) the way the detention can be appealed against; and 31
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Marine Safety Bill
(d) other relevant matters. 1
(5) A person must not cause a ship to leave the port or pilotage area 2
where it has been detained unless-- 3
(a) the chief executive or a harbour master has released the ship from 4
detention; or 5
(b) a harbour master has directed the ship to depart the pilotage area 6
because of safety considerations; or 7
(c) a court has ordered that the ship may leave the port or pilotage 8
area. 9
Maximum penalty--the number of penalty units (rounded upwards to the 10
next number if necessary) obtained by using the following formula-- 11
amount owing x 3 12
the value of 1 penalty unit. 13
(6) The owner of a ship is liable for the costs, under a regulation, of 14
detaining the ship. 15
(7) In this section-- 16
"amount owing", for a ship detained under this section, means the total 17
of-- 18
(a) the amount owing to the State for which the ship has been 19
detained (including any interest payable on the amount); and 20
(b) costs payable for the detention of the ship. 21
about aquatic events and activities 22
Regulations
A regulation may make provision about the safety of ships or 23
Clause209.
persons in relation to any of the following events or activities-- 24
(a) a race, or speed trial, for any type of ship; 25
(b) a water skiing competition or display; 26
(c) any other type of display on water, including, for example, a 27
fireworks display; 28
(d) a swimming race or other organised activity on water, including, 29
for example, the swimming leg of a triathlon or an attempt to 30
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Marine Safety Bill
establish a long distance swimming record; 1
(e) an event involving people on the water in or on a thing as part of a 2
carnival, competition, fun race or other activity; 3
(f) another event or activity that takes place wholly or partly on or in 4
water, including, for example, white water rafting, parasailing, 5
canoeing and kayaking. 6
matters for regulations 7
Other
Clause210. A regulation may make provision about-- 8
(a) speed limits for ships and the use of devices to measure the speed 9
of ships; and 10
(b) the removal of obstructions to navigation outside pilotage areas; 11
and 12
(c) the security required by the State for the removal of obstructions 13
to navigation (whether in or outside of a pilotage area); and 14
(d) if a harbour master or someone else removes an obstruction to 15
navigation--selling or disposing of the thing that caused the 16
obstruction and, if relevant, dealing with the proceeds of the sale; 17
and 18
(e) approving the establishment of buoy moorings. 19
PART 18--TRANSITIONAL PROVISIONS 20
21
Definitions
In this Part-- 22
Clause211.(1)
"changeover day" means-- 23
(a) the day that is 1 year after the commencement; or 24
(b) if, before 1 year after the commencement, an earlier or later day is 25
fixed by regulation--that day; 26
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Marine Safety Bill
"commencement" means the commencement of this Part; 1
"former Act" means the Queensland Marine Act 1958; 2
"former Board" means the Marine Board established under the former 3
Act. 4
(2) This section expires the day after the changeover day. 5
to former Act etc. 6
References
Clause212. A reference in an Act or document-- 7
(a) to the former Act is a reference to this Act; and 8
(b) to the former Board, a member of the former Board, the secretary 9
to the former Board or the Portmaster is a reference to the chief 10
executive; and 11
(c) to a vessel (within the meaning of the former Act) is a reference 12
to a ship (within the meaning of this Act). 13
of Board 14
Dissolution
Clause213.(1) On the commencement, the former Board is dissolved and its 15
members go out of office. 16
(2) This section expires the day after commencement. 17
of assets and liabilities of Board 18
Vesting
On the commencement, the assets and liabilities of the 19
Clause214.(1)
former Board vest in the State. 20
(2) This section expires the day after commencement. 21
legal proceedings 22
Pending
A legal proceeding by or against the former Board that has 23
Clause215.(1)
not been finished before the commencement may be continued and finished 24
by or against the State. 25
(2) This section expires the day after commencement. 26
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Marine Safety Bill
approvals, consents, licences and permits 1
Existing
This section applies if, immediately before the 2
Clause216.(1)
commencement, a matter was authorised under the former Act because of 3
an approval, consent, licence or permission. 4
(2) The grantee or holder of the approval, consent, licence or permission 5
is taken to be the holder of an approval under this Act that authorises, to the 6
greatest practicable extent, the same matter. 7
(3) The approval is, to the greatest practicable extent, subject to the same 8
conditions that applied to the matter immediately before the 9
commencement. 10
(4) However, the approval does not authorise a matter that cannot be 11
authorised under an approval granted under this Act. 12
(5) The approval and this section expire 6 months after the changeover 13
day. 14
of ship continues 15
Registration
A ship that-- 16
Clause217.(1)
(a) is required to be registered under this Act; and 17
(b) was registered under the former Act immediately before 18
commencement; 19
is taken to be registered under this Act. 20
(2) The registration and this section expire 6 months after the changeover 21
day. 22
masters 23
Harbour
A person who immediately before the commencement was a 24
Clause218.(1)
harbour master under the former Act is taken to be appointed as a harbour 25
master. 26
(2) The appointment is, to the greatest practicable extent, subject to the 27
same conditions that applied to it immediately before the commencement. 28
(3) The appointment and this section expire on the changeover day. 29
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Marine Safety Bill
inspectors 1
Shipping
A person who immediately before the commencement was a 2
Clause219.(1)
shipping inspector appointed under section 14 of the former Act is taken to 3
be appointed as a shipping inspector under this Act. 4
(2) The appointment is, to the greatest practicable extent, subject to the 5
same conditions that applied to it immediately before the commencement. 6
(3) The appointment and this section expire on the changeover day. 7
of approval without formal application 8
Issue
Clause220.(1) The chief executive may issue an approval under this Act to a 9
person who under section 216 (Existing approvals, consents, licences and 10
permits) is taken to be the holder of an approval. 11
(2) The approval need not be applied for, and may only authorise 12
substantially the same matter as the matter already authorised under section 13
216. 14
(3) The approval and this section expire 6 months after the changeover 15
day. 16
of registration without formal application 17
Issue
The chief executive may register a ship under this Act if the 18
Clause221.(1)
ship is taken under section 217 (Registration of ship continues) to be 19
registered under this Act. 20
(2) The registration-- 21
(a) need not be applied for; and 22
(b) must be to the same effect as the registration under the former 23
Act. 24
(3) The approval and this section expire 6 months after the changeover 25
day. 26
orders and other matters 27
Existing
This section applies to an order, direction, requirement or 28
Clause222.(1)
other decision of the former Board, a harbour master or a shipping 29
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Marine Safety Bill
inspector under the former Act if its effect is not finished at the 1
commencement. 2
(2) The order, direction, requirement or other decision may be appealed 3
against under this Act in the same way as if it were an order, direction, 4
requirement or other decision of the chief executive, harbour master or 5
shipping inspector under this Act. 6
(3) This section expires on the changeover day. 7
regulations 8
Existing
The regulations in force under the former Act immediately 9
Clause223.(1)
before the commencement remain in force, subject to amendment or repeal 10
by a regulation under this Act, for the purposes of this Act and are to be 11
read with the changes necessary to make them consistent with this Act and 12
adapt their operation to the provisions of this Act. 13
(2) The regulations mentioned in subsection (1) expire on the changeover 14
day unless earlier repealed. 15
(3) This section expires on the changeover day. 16
regulations 17
Transitional
Clause224.(1) A regulation may make provision about a matter for which-- 18
(a) provision is made under the former Act; and 19
(b) in the opinion of the Governor in Council--no provision, or 20
insufficient provision, is made about the matter under this Part. 21
(2) A regulation made for the purposes of this Part (other than for the 22
purpose of section 223 (Existing regulations)) may be given retrospective 23
effect to a day not earlier than the commencement. 24
(3) A regulation under subsection (1) and this section expire 6 months 25
after the changeover day. 26
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Marine Safety Bill
PART 19--REPEALS AND AMENDMENTS 1
1 2
Repeals--Schedule
Clause225. The Acts mentioned in Schedule 1 are repealed. 3
2 4
Amendments--Schedule
The Acts mentioned in Schedule 2 are amended as specified in 5
Clause226.
the Schedule. 6
108
Marine Safety Bill
CHEDULE 1 1
¡S
EPEALED ACTS 2
R
section 225 3
Queensland Marine Act 1958 4
Queensland Marine Act Amendment Act 1963 5
Queensland Marine Act Amendment Act 1967 6
Queensland Marine Act Amendment Act 1972 7
Queensland Marine Act Amendment Act 1975 8
Queensland Marine Act Amendment Act 1979 9
Queensland Marine Act Amendment Act 1981 10
Queensland Marine Act and Another Act Amendment Act 1985 11
12
109
Marine Safety Bill
CHEDULE 2 1
¡S
MENDMENTS 2
A
section 226 3
BEACH PROTECTION ACT 1968 4
´
1. Section 3 (definition "Marine Board")-- 5
omit. 6
2. Section 34(1)(a)-- 7
omit `the Marine Board,'. 8
XPLOSIVES ACT 1952 9
´E
1. Section 6(1)(ii)-- 10
omit, insert-- 11
`(ii) Marine Safety Act 1994;'. 12
2. Section 14(1)(xi)-- 13
omit, insert-- 14
`(xi) supervise and control the discharge from, or loading into, 15
any ship of explosives that have been, or are to be, 16
transported by sea unless the discharge or loading is 17
supervised and controlled under the Marine Safety 18
Act 1994;'. 19
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Marine Safety Bill
SCHEDULE 2 (continued)
HARBOURS ACT 1955 1
´
1. Sections 2 and 3-- 2
omit. 3
2. Section 4 (other than paragraph (ix))-- 4
omit. 5
3. Section 5-- 6
omit `"The Navigation Acts 1876 to 1950"', 7
insert `the Marine Safety Act 1994'. 8
4. Section 8(1) (definitions "Department", "Director-General", "Local 9
Authority", "Minister", "Secretary to The Marine Board" and 10
"Treasurer")-- 11
omit. 12
5. Section 8(1)-- 13
insert-- 14
` "chief executive (transport)" means the chief executive of the 15
department within which the Transport Planning and Coordination 16
Act 1994 is administered; 17
"Director-General" means the chief executive of the department;'. 18
6. Section 8(1) (definition "Agent")-- 19
omit `Queensland Marine Act 1958-1975', 20
insert `Marine Safety Act 1994'. 21
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Marine Safety Bill
SCHEDULE 2 (continued)
7. Section 12(2)-- 1
omit. 2
8. Section 19(5) to (7)-- 3
omit. 4
9. Sections 60 and 61-- 5
omit. 6
10. Section 64(3) (3rd sentence) and (9)-- 7
omit. 8
11. Section 76A-- 9
omit. 10
12. Section 80(1)-- 11
omit `, upon the joint recommendation of the Minister administering 12
"The Queensland Marine Acts, 1958 to 1963," and the Minister 13
administering "The Land Acts, 1962 to 1963," '. 14
13. Section 81(4)(c)-- 15
omit. 16
14. Section 86(2)(a)-- 17
omit `or of The Marine Board of Queensland'. 18
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Marine Safety Bill
SCHEDULE 2 (continued)
15. Section 86(3)(i)-- 1
omit `the office of The Marine Board of Queensland', 2
insert `an office of the department'. 3
16. Section 86(3)(i)-- 4
omit `that Board', insert `the department'. 5
17. Section 86(3)(id)-- 6
omit `The Marine Board of Queensland', 7
insert `the chief executive (transport)'. 8
18. Section 86(3)(id)-- 9
omit `that Board', 10
insert `the chief executive (transport)'. 11
19. Section 86(3B)(a)-- 12
omit `the office of The Marine Board of Queensland', 13
insert `an office of the department'. 14
20. Section 86(3B)(b)-- 15
omit `Marine Board', insert `department'. 16
21. Section 87-- 17
omit. 18
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Marine Safety Bill
SCHEDULE 2 (continued)
22. Sections 88, 89(2)(i) and 92(1)-- 1
omit `the office of The Marine Board of Queensland', 2
insert `an office of the department'. 3
23. Section 92(2)-- 4
omit. 5
24. Section 92(3), (4)(c) and (5)(c)(ii)-- 6
omit `The Marine Board of Queensland', 7
insert `the chief executive (transport)'. 8
25. Section 98(2)(iii)-- 9
omit `Harbour Masters under the Queensland Marine Act 1958-1975', 10
insert `harbour masters under the Marine Safety Act 1994'. 11
26. Section 98(2)(xiii) and (xiv)-- 12
omit `Queensland Marine Act 1958-1975', 13
insert `Marine Safety Act 1994'. 14
27. Section 140A-- 15
omit. 16
28. Section 145(1)-- 17
omit `Queensland Marine Act 1958-75', 18
insert `Marine Safety Act 1994'. 19
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Marine Safety Bill
SCHEDULE 2 (continued)
29. Section 146(1)(iii)-- 1
omit `or appointed pursuant to the Queensland Marine Act 1958-1975 2
by The Marine Board of Queensland or a Harbour Master'. 3
30. Section 158(1)(v)-- 4
omit. 5
31. Section 100-- 6
omit. 7
32. Schedule 1-- 8
omit. 9
FF-SHORE FACILITIES ACT 1986 10
´O
1. Section 2 (definition "Local Authority")-- 11
omit. 12
2. Sections 2(1) (definition "off-shore facility") and 3-- 13
omit `Order in Council', insert `regulation'. 14
3. Section 6-- 15
omit, insert-- 16
`Moored off-shore facility taken to be ship 17
`6. For the purposes of the applied law and in particular the Marine 18
Safety Act 1994, an off-shore facility that is or is to be moored is taken to be 19
a ship on a Queensland intrastate voyage (within the meaning of that Act).'. 20
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Marine Safety Bill
SCHEDULE 2 (continued)
4. Section 8(b)-- 1
omit, insert-- 2
`(b) affect the operation of the Great Barrier Reef Marine Park Act 3
1975 (Cwlth).'. 4
5. Section 9-- 5
omit, insert-- 6
`Regulation making power 7
`9. The Governor in Council may make regulations under this Act.'. 8
PENALTIES AND SENTENCES ACT 1992 9
´
1. Section 35(1)(b)-- 10
omit `, or damaged caused to,', 11
insert `, damage caused to, or unlawful interference with,'. 12
ORKPLACE HEALTH AND SAFETY ACT 1989 13
´W
1. Section 4(2)-- 14
omit `Queensland Marine Act 1958', insert `Marine Safety Act 1994'. 15
16
© State of Queensland 1994
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