Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (MARINE SAFETY) LEGISLATION AMENDMENT REGULATION 2024 - REG 7

7 Amendment of s 24 (When ship is taken to be equipped with required lifejacket)

(1) Section 24 (1) , ‘If a ship is not a tender, the ship’—
omit, insert—
A ship that is not a tender

(2) Section 24 (2) —
omit, insert—

(2) A ship that is an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if—

(a) for a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime—

(i) the individual who is 12 years or more is wearing the required lifejacket for the individual; and

(ii) each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or

(b) for a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or

(c) in any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual.

(2A) A ship that is not an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if each individual on board who is 1 year or more but less than 12 years and who is occupying an open area of the ship is wearing the required lifejacket for the individual.

(2B) A ship is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is crossing a coastal bar only if—

(a) for a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or

(b) for another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual.

(3) Section 24 (4) , definition open boat —
omit.

(4) Section 24 (4) —
insert—

"daytime" means the period between sunrise and sunset on a day.

"night-time" means the period between sunset on a day and sunrise on the next day.

"open area" , for a ship that is not an open boat, means an area of the ship other than an area located in—

(a) a permanent, rigid deckhouse or cabin; or

(b) another space that is—

(i) suitable for a person to occupy; and

(ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.

"open boat" means a ship the structure of which does not include, or have attached to it—

(a) a permanent, rigid deckhouse or cabin; or

(b) another space that is—

(i) suitable for a person to occupy; and

(ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.

(5) Section 24 (2A) to (4) —
renumber as section 24 (3) to (6) .