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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT OPERATIONS
(MARINE SAFETY)
AMENDMENT BILL 1996
Queensland
TRANSPORT OPERATIONS (MARINE
SAFETY) AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
18A Exempting of person or ship from regulatory provision . . . . . . . . . . . 4
6 Amendment of s 31 (What is a standard) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 42 (Relationship between regulatory provisions
and general safety obligations about the condition of ships) . . . . . . . . . . . . 6
8 Amendment of s 47 (Notice of proposal to prepare draft standard) . . . . . . . 6
9 Amendment of s 48 (Preparation of draft standard) . . . . . . . . . . . . . . . . . . . 6
10 Amendment of s 49 (Notice of draft standard) . . . . . . . . . . . . . . . . . . . . . . . 6
11 Amendment of s 50 (Making of standard) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Amendment of s 67 (Restriction on building of ships) . . . . . . . . . . . . . . . . . 7
13 Insertion of new pt 5, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 5--Other provisions about ship design and survey
70A Chief executive may approve ship design . . . . . . . . . . . . . . . . . . . . . 8
70B Statements in certificate of survey . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
70C Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Replacement of pt 10 (Maritime Industry Consultative Council) . . . . . . . . 9
PART 10--MARINE BOARD
Division 1--The board
108 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Transport Operations (Marine Safety)
Amendment
109 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
110 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Meetings of board
111 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
112 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
113 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
114 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
115 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Provisions about members
116 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
117 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
118 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
119 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Miscellaneous
120 Administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
121 Annual report on operations of board . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 127 (Regular reports of marine incidents to Minister) . . . 12
16 Amendment of s 172 (Shipping inspector may direct ship is
surveyed and order repairs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Amendment of s 203 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Insertion of new s 206A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
206A Chief executive's power to fix speed limits for ships . . . . . . . . . . . . 13
19 Amendment of s 224 (Existing approvals, consents, licences and
permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Insertion of new s 224A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
224A Power of chief executive to amend authorisations and
standard practice instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Insertion of new s 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
230 Transitional provision about speed limits . . . . . . . . . . . . . . . . . . . . . 15
1996
A BILL
FOR
An Act to amend the Transport Operations (Marine Safety) Act 1994
s1 4 s5
Transport Operations (Marine Safety)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Transport Operations (Marine Safety) 3
Amendment Act 1996. 4
5
Commencement
Clause 2.(1) Sections 12 and 13 commence on a day to be fixed by 6
proclamation. 7
(2) Sections 19 and 20 are taken to have commenced on 3 June 1994. 8
amended 9
Act
Clause 3. This Act amends the Transport Operations (Marine Safety) Act 1994. 10
of s 3 (Objectives of this Act) 11
Amendment
Clause 4. Section 3(5), `Maritime Industry Consultative Council'-- 12
omit, insert-- 13
`Marine Board'. 14
of new s 18A 15
Insertion
Clause 5. Part 1, after section 18-- 16
insert-- 17
of person or ship from regulatory provision 18
`Exempting
`18A.(1) The chief executive may exempt a person or ship from a 19
provision of a regulation or a speed limit fixed under section 206A (a 20
"regulatory provision"). 21
`(2) The chief executive must consider all relevant matters in deciding 22
whether or not to give an exemption, including, for example, the 23
s6 5 s6
Transport Operations (Marine Safety)
Amendment
following-- 1
(a) whether the regulatory provision has been substantially complied 2
with; 3
(b) whether compliance with the regulatory provision is unnecessary 4
in the particular circumstances; 5
(c) whether the action taken or proposed to be taken for the matter 6
that is the subject of the exemption is as effective as, or more 7
effective than, compliance with the regulatory provision. 8
`(3) However, the chief executive may give an exemption only if the 9
chief executive is satisfied giving it will not adversely affect marine safety 10
or the effectiveness and efficiency of the Queensland maritime industry. 11
`(4) If an exemption is given on conditions, the exemption operates only 12
if the conditions are complied with. 13
`(5) The chief executive must, as soon as is practicable after giving an 14
exemption, give notice of it in the gazette. 15
`(6) The notice must state the following -- 16
(a) the person or ship the exemption is given for; 17
(b) the regulatory provision from which the exemption is given; 18
(c) any conditions on which the exemption is given; 19
(d) any other details the chief executive considers relevant. 20
`(7) The Statutory Instruments Act 1992, sections 24 to 26 apply to an 21
exemption as if it were a regulation. 22
`(8) A regulation may regulate the giving of an exemption.'. 23
of s 31 (What is a standard) 24
Amendment
Clause 6. Section 31(5), `Maritime Industry Consultative Council'-- 25
omit, insert-- 26
`Marine Board.'. 27
s7 6 s 10
Transport Operations (Marine Safety)
Amendment
of s 42 (Relationship between regulatory provisions and 1
Amendment
general safety obligations about the condition of ships) 2
Clause 7. Section 42(3), from `unless'-- 3
omit, insert-- 4
`unless the court is satisfied that-- 5
(a) it was reasonable for the person to rely on either of the following 6
to satisfy compliance with the general safety provision-- 7
(i) a certificate of survey or a certificate of compliance issued by 8
someone other than the person that was in force for the ship 9
and covered the safety issue (completely or partly); 10
(ii) an approval of the design of the ship or part given by the 11
chief executive under part 5, division 5; or 12
(b) the general safety provision was complied with, despite 13
noncompliance with the regulatory provision.'. 14
of s 47 (Notice of proposal to prepare draft standard) 15
Amendment
Clause 8. Section 47(5), `Maritime Industry Consultative Council'-- 16
omit, insert-- 17
`Marine Board'. 18
of s 48 (Preparation of draft standard) 19
Amendment
Clause 9. Section 48(1), `Maritime Industry Consultative Council'-- 20
omit, insert-- 21
`Marine Board'. 22
of s 49 (Notice of draft standard) 23
Amendment
Clause 10. Section 49(4), `Maritime Industry Consultative Council'-- 24
omit, insert-- 25
`Marine Board'. 26
s 11 7 s 13
Transport Operations (Marine Safety)
Amendment
of s 50 (Making of standard) 1
Amendment
Clause 11.(1) Section 50(1)(a), `Maritime Industry Consultative Council'-- 2
omit, insert-- 3
`Marine Board'. 4
(2) Section 50(2), `Maritime Industry Consultative Council'-- 5
omit, insert-- 6
`Marine Board'. 7
of s 67 (Restriction on building of ships) 8
Amendment
Clause 12.(1) Section 67(1)(a)-- 9
omit, insert-- 10
`(a) either-- 11
(i) a certificate of compliance for the design of the ship or part 12
has been issued by a ship designer who is accredited to issue 13
the certificate; or 14
(ii) the chief executive has approved the design of the ship or 15
part; and'. 16
(2) Section 67(2)(a)-- 17
omit, insert-- 18
`(a) either-- 19
(i) a certificate of compliance for the design of the ship or part 20
has been issued by a ship designer who is accredited to issue 21
the certificate; or 22
(ii) the chief executive has approved the design of the ship or 23
part; and'. 24
of new pt 5, div 5 25
Insertion
Clause 13. After part 5, division 4-- 26
insert-- 27
s 13 8 s 13
Transport Operations (Marine Safety)
Amendment
5--Other provisions about ship design and survey 1
`Division
executive may approve ship design 2
`Chief
`70A.(1) The chief executive may approve the design of a ship or a part 3
of a ship. 4
`(2) However, the chief executive must not approve a design for a ship or 5
part unless the chief executive is satisfied-- 6
(a) the design meets the requirements of any standard about ship 7
design made under part 4, division 2 and applying to the ship; and 8
(b) the ship or part is designed to be seaworthy under the conditions 9
under which it is to be used. 10
in certificate of survey 11
`Statements
`70B.(1) The chief executive may, in a certificate of survey for a ship, 12
make a statement about the design or survey of the ship the chief executive 13
considers appropriate. 14
15
Example--
16
The chief executive may make a statement in the certificate about how the
17
design or survey of the ship conforms to a standard about designing or surveying
18
ships.
`(2) Subsection (1) applies despite any statement in a certificate of 19
compliance for the design or survey of the ship. 20
from liability 21
`Protection
`70C.(1) An officer of the department is not civilly liable for an act or 22
omission done honestly and without negligence under this division. 23
`(2) If subsection (1) prevents a civil liability attaching to a person, the 24
liability instead attaches to the State.'. 25
s 14 9 s 14
Transport Operations (Marine Safety)
Amendment
of pt 10 (Maritime Industry Consultative Council) 1
Replacement
Clause 14. Part 10-- 2
omit, insert-- 3
`PART 10--MARINE BOARD 4
1--The board 5
`Division
of board 6
`Establishment
`108. The Marine Board is established. 7
of board 8
`Functions
`109.(1) The function of the board is to give information and advice to 9
the Minister about-- 10
(a) marine safety issues; and 11
(b) the referral of marine incidents to a board of inquiry. 12
`(2) Also, the board may consider and give the chief executive advice 13
on-- 14
(a) proposals to prepare draft standards; and 15
(b) draft standards; and 16
(c) marine safety issues including, for example, exemptions under 17
section 18A. 18
`(3) The board may give advice on its own initiative or if asked by the 19
Minister or chief executive. 20
21
`Composition
`110.(1) The board consists of not more than 5 persons the Minister 22
appoints as board members. 23
`(2) The Minister must appoint a board member as its chairperson. 24
s 14 10 s 14
Transport Operations (Marine Safety)
Amendment
2--Meetings of board 1
`Division
and place of meetings 2
`Time
`111.(1) Board meetings are to be held at the times and places the board 3
decides. 4
`(2) However, the chairperson may call a meeting at any time. 5
`(3) The Minister may also call a board meeting. 6
at meetings 7
`Presiding
`112.(1) The chairperson is to preside at all board meetings at which the 8
chairperson is present. 9
`(2) If the chairperson is absent, the member chosen by the members 10
present is to preside. 11
uorum 12
`Q
`113. The number that is a majority of the number of persons appointed 13
as board members form a quorum at a meeting. 14
of meetings 15
`Conduct
`114.(1) The board may conduct its meetings as it considers appropriate. 16
`(2) The board may hold meetings, or permit members to take part in 17
meetings, by telephone, closed-circuit television or another form of 18
communication. 19
`(3) A member who takes part in a board meeting under a permission 20
under subsection (2) is taken to be present at the meeting. 21
of interests 22
`Disclosure
`115.(1) This section applies if-- 23
(a) a member has a direct or indirect financial interest in an issue 24
being considered, or about to be considered, by the board; and 25
s 14 11 s 14
Transport Operations (Marine Safety)
Amendment
(b) the interest could conflict with the proper performance of the 1
member's duties about the consideration of the issue. 2
`(2) As soon as practicable after the relevant facts come to the member's 3
knowledge, the member must disclose the nature of the interest to a meeting 4
of the board. 5
`(3) The disclosure must be recorded in the board's minutes. 6
`(4) In giving information or advice to the Minister about the issue, the 7
board must inform the Minister of the disclosure. 8
`Division 3--Provisions about members 9
of appointment 10
`Duration
`116. A member is to be appointed for a term of not longer than 2 years. 11
of appointment 12
`Terms
`117.(1) A member is entitled to be paid the allowances that may be 13
decided by the Minister. 14
`(2) A member holds office on the terms not provided by this Act that 15
may be decided by the Minister. 16
17
`Resignation
`118. A member may resign by giving a signed notice of resignation to 18
the Minister. 19
of appointment 20
`Termination
`119. The Minister may end a member's appointment by giving a signed 21
notice of termination to the member. 22
s 15 12 s 16
Transport Operations (Marine Safety)
Amendment
`Division 4--Miscellaneous 1
support 2
`Administrative
`120. The chief executive must give the board the administrative support 3
necessary to allow it to perform its functions. 4
report on operations of board 5
`Annual
`121. The department's annual report for a financial year must include a 6
report on the board's operations during the year.'. 7
of s 127 (Regular reports of marine incidents to Minister) 8
Amendment
Clause 15.(1) Section 127(1), from `period of' to `31 December'-- 9
omit, insert-- 10
`calendar year'. 11
(2) Section 127(1), `within the period'-- 12
omit, insert-- 13
`within the year'. 14
(3) Section 127(3), `2 months after the period'-- 15
omit, insert-- 16
`4 months after the year'. 17
of s 172 (Shipping inspector may direct ship is surveyed 18
Amendment
and order repairs) 19
Clause 16. Section 172(3), from `written direction,'-- 20
omit, insert-- 21
`written direction, order the master-- 22
(a) not to operate the ship until specified works are carried out to the 23
ship or the ship is provided with specified equipment; or 24
s 17 13 s 18
Transport Operations (Marine Safety)
Amendment
(b) to operate the ship only under specified conditions that the 1
shipping inspector considers appropriate for its safe operation.'. 2
of s 203 (Appeals) 3
Amendment
Clause 17. Section 203(3)(b), `Maritime Industry Consultative Council'-- 4
omit, insert-- 5
`Marine Board'. 6
of new s 206A 7
Insertion
Clause 18. Part 17, after section 206-- 8
insert-- 9
executive's power to fix speed limits for ships 10
`Chief
`206A.(1) The chief executive may fix speed limits for ships by gazette 11
notice. 12
`(2) The gazette notice is subordinate legislation. 13
`(3) A person must not operate a ship at a speed of more than a speed 14
limit fixed under this section. 15
Maximum penalty--200 penalty units. 16
`(4) The chief executive may erect or mark, at a place in waters for which 17
a speed limit is fixed under subsection (1) or adjacent to the waters, a sign 18
(a "speed sign") stating the speed limit for the waters. 19
`(5) A speed sign may be an official traffic sign except that the speed 20
indicated by the number on the sign is the speed in knots. 21
`(6) This section does not prevent a regulation making provision about 22
speed limits. 23
`(7) If there is an inconsistency between a regulation and a gazette notice, 24
the regulation prevails to the extent of the inconsistency.'. 25
s 19 14 s 19
Transport Operations (Marine Safety)
Amendment
of s 224 (Existing approvals, consents, licences and 1
Amendment
permits) 2
Clause 19.(1) Section 224, heading, `and permits'-- 3
omit, insert-- 4
`, permits etc.'. 5
(2) Section 224(1), from `authorised'-- 6
omit, insert-- 7
`authorised-- 8
(a) under the former Act because of an approval, consent, licence or 9
permission; or 10
(b) under an instruction of the former board'. 11
(3) Section 224(2), after `permission'-- 12
insert-- 13
`or person complying with an instruction'. 14
(4) Section 224(5), from `and this section'-- 15
omit, insert-- 16
`expires 1 year after the changeover day, unless it is a licence to drive a 17
speedboat or a matter to which subsection (1)(b) applies.'. 18
(5) Section 224-- 19
insert-- 20
`(6) This section expires-- 21
(a) for a matter other than an approval that is a licence to drive a 22
speedboat or a matter to which subsection (1)(b) applies--1 year 23
after the changeover day; or 24
(b) for a licence to drive a speedboat--on 30 June 2002; or 25
(c) for an instruction of the former board--when the matter of the 26
instruction ceases to apply under the instruction. 27
`(7) In this section-- 28
` "instruction" means an authorisation or standard practice instruction 29
s 20 15 s 21
Transport Operations (Marine Safety)
Amendment
about ship design, construction or equipment purporting to have been 1
given by the former board under the repealed Act as in force from time 2
to time before its repeal.'. 3
of new s 224A 4
Insertion
Clause 20. After section 224-- 5
insert-- 6
of chief executive to amend authorisations and standard 7
`Power
practice instructions 8
`224A.(1) The chief executive may, by written instrument, amend an 9
authorisation or standard practice instruction about ship design, construction 10
or equipment purporting to have been given by the former board under the 11
repealed Act. 12
`(2) However, the chief executive may only amend the authorisation or 13
instruction before the changeover day. 14
`(3) The amended authorisation or instruction has effect for section 224. 15
`(4) This section expires on the changeover day.'. 16
of new s 230 17
Insertion
Clause 21. After section 229-- 18
insert-- 19
provision about speed limits 20
`Transitional
`230.(1) On the commencement of this section, a speed limit fixed under 21
a regulation and in force immediately before the commencement is taken to 22
be a speed limit fixed by the chief executive. 23
`(2) However, a speed limit taken under subsection (1) to have been 24
fixed by the chief executive is repealed on the commencement of a gazette 25
s 21 16 s 21
Transport Operations (Marine Safety)
Amendment
notice under section 206A replacing the speed limit. 1
`(3) This section expires 2 years after it commences.'. 2
© State of Queensland 1996
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