Transport Operations (Marine Safety) Act 1994

An Act about marine safety and other matters

1Short title

This Act may be cited as the Transport Operations (Marine Safety) Act 1994.

s 1 amd 1994 No. 87s 3sch 1

3Objectives of this Act

(1)The overall primary objective of this Act is, consistent with the objectives of the Transport Planning and Coordination Act 1994, to provide a system that achieves an appropriate balance between—

(a)regulating the maritime industry to ensure marine safety; and

(b)enabling the effectiveness and efficiency of the Queensland maritime industry to be further developed.

(2)In particular, the objectives of this Act are—

(a)to allow the Government to have a strategic overview of marine safety and related marine operational issues; and

(b)to establish a system under which—

(i)marine safety and related marine operational issues can be effectively planned and efficiently managed; and

(ii)influence can be exercised over marine safety and related marine operational issues in a way that contributes to overall transport efficiency; and

(iii)account is taken of the need to provide adequate levels of safety with an appropriate balance between safety and cost.

(3)These objectives are to be achieved mainly by imposing general safety obligations to ensure seaworthiness and other aspects of marine safety, and allowing a general safety obligation to be dischargedfor Queensland regulated ships mainly by complying with relevant standards or in other appropriate ways chosen by the person on whom the obligation is imposed.—

(a)imposing general safety obligations to ensure seaworthiness and other aspects of marine safety; and

(b)allowing a general safety obligation to be discharged by complying with relevant standards or in other appropriate ways chosen by the person on whom the obligation is imposed.

(4)In particular, a Queensland regulated ship may be taken to sufficiently comply with thea general safety obligation even though a certificate of surveycompetent person has not been issuedissued a survey report for the ship.

(5)A further objective of this Act is to manage the operation and activities of ships.

(6)The objectives of the Act, and how they are achieved, are further explained in part 3.

s 3 amd 1994 No. 49s 6sch 2; 1996 No. 63s 4; 2005 No. 22s 19; 2010 No. 19s 236; 2016 No. 3s 4

4Dictionary

The dictionary in the schedule defines particular words used in this Act.schedule 1 defines particular words used in this Act.

s 4 Note—prev s 4 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in prev s 4 are located in annotations for schedule 1.

s 4 Note—prev s 4 contained definitions for this Act. Definitions are now located in the schedule (Dictionary). Annotations for definitions contained in prev s 4 are located in annotations for the schedule.

pres s 4 sub 2006 No. 21s 47

amd 2016 No. 3s 76sch 1

6Meaning of ship connected with Queensland

A ship is connected with Queensland if—

(a)it is registered under the Shipping Registration Act 1981 (Cwlth) with a home port in Queensland; or

(b)it is, or is required to be, registered or licensed under this or another Act; or

(c)it is owned or chartered by—

(i)an individual whose place of residence, or principal place of residence, is in Queensland; or

(ii)a person whose place of business, or principal place of business, is in Queensland; or

(iii)a person whose principal place of business for managing the ship’s operations is in Queensland; or

(d)it is a ship declared by regulation to be a ship connected with Queensland.

7Meaning of master

(1)The master of a ship is the person having command or charge of the ship.

(2)A pilot having the conduct of a ship, but not belonging to the ship, is not the master of the ship.

8Meaning of operates a ship

An owner of a ship operates the ship if the owner operates the ship or causes or allows it to be operated by someone else.

9Meaning of owner

(1)The owner of a ship is the person who owns the ship, whether or not the person is registered as the ship’s owner.—

(a)the person is registered as the ship’s owner under this Act or a law of another jurisdiction; or

(b)for a ship that is a domestic commercial vessel—the person holds a certificate of operation for the ship under the national law.

(2)The owner of a ship includes a person who—

(a)exercises, or purports to exercise, powers of the owner; and

(b)operates the ship or causes or allows it to be operated by someone else.

Example 1—

If a ship’s owner lives outside Queensland, and the owner appoints an agent in Queensland to exercise the owner’s powers and operate the ship, the agent is an owner of the ship.

Example 2—

If, under a charter, a person has exclusive possession of a ship and may operate the ship, the person is an owner of the ship.

Example 3—

If a bank becomes the mortgagee in possession of a ship and operates it, the bank is an owner of the ship.

s 9 amd 2016 No. 3s 6

10Meaning of ship

(1)

A ship is any kind of boat or other vessel used, or intended to be used, in navigation by water or for any other purpose on water.

      A ship is any kind of boat or other vessel used, or intended to be used, in navigation by water or for any other purpose on water.

(2)Without limiting subsection (1), a ship includes a boat or other vessel—

(a)whatever its size; and

(b)however it is propelled or moved; and

(c)whether it is on land or in water.

(3)A ship includes, for example—

(a)a barge, lighter or other floating vessel; and

(b)a hovercraft or other surface effect craft.

(4)A ship does not include a vessel declared by regulation not to be a ship.

(5)A regulation may provide that a ship includes an aircraft when it is on water or is taking off, or landing on, water.

(6)Except as provided by a regulation under subsection (5), a ship does not include an aircraft.

(7)A reference to a ship includes the ship’s equipment.

s 10 amd 2006 No. 21s 49

10AMeaning of commercial ship, fishing ship and recreational ship, and related provisionQueensland regulated ship

(1)

A commercial ship is—

(a)a ship other than a fishing ship or recreational ship; or

(b)a tender to a ship other than a fishing ship or recreational ship.

      A Queensland regulated ship is—

(a)a recreational ship; or

(b)an other Queensland regulated ship.

(2)

A fishing ship is—

(a)a ship authorised, under an authority under the Fisheries Act 1994, for fishing purposes; or

(b)a ship authorised, under a development permit under the Sustainable Planning Act 2009, for aquaculture purposes; or

(c)a ship that is a boat for which a licence has been granted under the Fisheries Management Act 1991 (Cwlth) or the Torres Strait Fisheries Act 1984 (Cwlth); or

(d)a tender to a ship mentioned in paragraph (a), (b) or (c).

(3)

A recreational ship is—

(a)a ship used only for private recreation; or

(b)a tender to a ship used only for private recreation.

(4)For subsection (3), a regulation may provide for deciding if a ship is used only for private recreation.

s 10A ins 2006 No. 21s 50

amd 2009 No. 36s 872sch 2

sub 2016 No. 3s 7; 2017 No. 25s 60

11General application of Act to ships

(1)This Act applies to the following ships—

(a)all ships connected with Queensland, wherever they may be, including while they are outside Queensland waters;

(b)all ships in a pilotage area or port;

(c)all ships on Queensland intrastate voyages, including while they are outside Queensland waters;

(d)all ships on interstate voyages while they are in Queensland waters;

(e)all ships on overseas voyages while they are in Queensland waters.

(2)Subsection (1) is subject to this division.

(3)For the purposes of this section, a ship is taken to be on a voyage from when it gets under way for the voyage until it gets under way for another voyage.

s 11 amd 2006 No. 21s 51

12Relationship with Commonwealth Navigation Act generally

(1)This Act does not apply to a ship to the extent that the Commonwealth Navigation Act applies to the ship.

(2)However, if the Commonwealth Navigation Act provides that it does not apply to a matter if a State Act deals with the matter and this Act makes provision for the matter, this Act applies to the ship to the extent of the provision made for the matter.

s 12 amd 2001 No. 79s 69

13Aids to navigation—relationship with Commonwealth Acts

This Act does not apply to an aid to navigation to the extent to which the Commonwealth Navigation Act or another Commonwealth Act applies to the aid to navigation.

15Section 11 subject to certain provisions

(1)The provisions of this Act to which section 11 is subject include the following provisions—

•section 54 (that deals with the application of part 5, division 1)

•section 59A (that deals with the application of part 5, division 2)

•section 61A (that deals with the application of part 5, division 3)

•section 55 (that deals with the application of part 5)

•section 98 (that deals with the application of part 8)

•section 187 (that deals with the application of part 14, division 2).

(2)Section 11 is also subject to a regulation that expressly excludes the application of this section, in whole or in part.

s 15 amd 2016 No. 3s 9

16Defence ships

(1)This Act does not apply to a ship belonging to—

(a)the Australian Defence Force; or

(b)the naval, military or air forces of a foreign country.

(2)However, if the master of a ship mentioned in subsection (1) voluntarily uses the services of a pilot, the master and owner of the ship are liable for pilotage fees under this Act.

17Act binds all persons

This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth, the other States and the Territories.

18Exemption of person or ship from Act

(1)A regulation may exempt a person or ship from this Act or any of its provisions.

(2)The exemption may be given on specified conditions.

(3)If an exemption is given on conditions, the exemption operates only if the conditions are complied with.

18AExempting of person or ship from regulatory provision

(1)The general manager may exempt a person or ship from a provision of a regulation or a speed limit fixed under section 206A or 206AA (a regulatory provision).

(2)The general manager must consider all relevant matters in deciding whether or not to give an exemption, including, for example, the following—

(a)whether the regulatory provision has been substantially complied with;

(b)whether compliance with the regulatory provision is unnecessary in the particular circumstances;

(c)whether the action taken or proposed to be taken for the matter that is the subject of the exemption is as effective as, or more effective than, compliance with the regulatory provision.

(3)However, the general manager may give an exemption only if the general manager is satisfied giving it will not adversely affect marine safety or the effectiveness and efficiency of the Queensland maritime industry.

(4)If an exemption is given on conditions, the exemption operates only if the conditions are complied with.

(5)The general manager must, as soon as is practicable after giving an exemption, give notice of it in the gazette.

(6)The notice must state the following—

(a)the person or ship the exemption is given for;

(b)the regulatory provision from which the exemption is given;

(c)any conditions on which the exemption is given;

(d)any other details the general manager considers relevant.

(7)The Statutory Instruments Act 1992, sections 24 to 26 apply to an exemption as if it were a regulation.

(8)A regulation may regulate the giving of an exemption.

(9)Also, if a provision of a regulation is repealed, a regulation may declare that—

(a)an exemption in force for the repealed provision, immediately before its repeal, is taken to be given for a provision of a regulation corresponding to the repealed provision; and

(b)for the purpose of a declaration under paragraph (a), a reference in the exemption to the repealed provision is taken to be a reference to the corresponding provision.

s 18A ins 1996 No. 63s 5

amd 2002 No. 29s 16sch 1; 2012 No. 38s 122; 2016 No. 3s 10

28To which ships does this Act apply

(1)The power to legislate for ships is shared between the Commonwealth and the States and Territories.

(2)As a general rule, this Act does not apply to a ship to the extent to which the Commonwealth Navigation Act or the national law applies to the ship.

Note—

See section 12sections 12(1) and 14.

(3)The application of the Commonwealth Navigation Act or the national law to ships varies throughout the Act depending on the subject matter of the provisions concerned.

(4)Section 11(1) provides a general statement of the ships to which this Act applies.

Note—

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.

(5)This general statement is, however, subject to the application of the Commonwealth Navigation Act, the national law and certain provisions of the Act and regulations.

(6)Section 15 specifies the main exceptions to the general statement.

Note—

See also section 16.

s 28 amd 2016 No. 3s 12

29Achieving an appropriate balance between safety and cost

(1)This Act is primarily about marine safety.

(2)Even though it is possible to regulate to achieve the highest level of safety, this would ignore the impact of the regulation on the effectiveness and efficiency on the Queensland maritime industry.

(3)Therefore, this Act establishes a system to achieve an appropriate balance between safety and cost.

s 29 amd 2005 No. 22s 20

30What is the system that is established

(1)Part 4, division 1 imposes general safety obligations for Queensland regulated ships on the following people in the maritime industry—

(a)a competent person who issues a survey report for a ship;

(b)a ship’s owner (including an operator);

(c)a ship’s master and crew.

(2)Part 4, division 2 imposes general safety obligations for all ships on the following people in the maritime industry—

(a)a ship’s pilot;

(b)the managing pilotage entity for a ship in a compulsory pilotage area.

(3)These general safety obligations are generally intended to be performance based rather than prescriptive and to allow people to find more cost efficient ways of achieving safety.

(1)The Act imposes general obligations for safety on the following people in the maritime industry—

•ship designers

•ship builders

•marine surveyors

•ship owners (including operators)

•ship masters and crew

•managing pilotage entities for compulsory pilotage areas

•pilots.

(2)These general safety obligations are generally intended to be performance based rather than prescriptive and to allow people to find more cost efficient ways of achieving safety.

(3)Thus, for example, to establish compliance with a general safety obligation about the way a ship is built and enable a ship to be registered, some people may choose to rely on a certificate of compliance issued for the ship by an appropriately accredited person.

(4)Other people may, however, prefer to have a ship surveyed and to obtain a certificate of survey for a definite time.

(5)To allow a choice to be made between the 2 approaches, the Act provides, under the regulations, for the issue of both certificates of compliance and certificates of survey.

s 30 amd 2013 No. 40s 17

sub 2016 No. 3s 13

31What is a standard

(1)Standards will help people to understand the general safety obligations for Queensland regulated ships in part 4, division 1.

(2)Standards may deal with most matters about marine safety and issues affecting marine safety that may be dealt with by regulation, including, for example, the building, crewing and operation of ships and cargo handlingQueensland regulated ships.

(3)However, a standard may not prescribe offences, fees or charges.

(4)Standards are made by the general manager and approved by the Governor in Council.

(5)The general manager must go through a consultation process before a standard can be approved.

(6)This consultation process allows people in the maritime industry to comment on a standard and make suggestions for changes, including changes that may result in a more effective and efficient maritime industry.

s 31 amd 1994 No. 49s 6sch 2; 1996 No. 63s 6; 2002 No. 29s 16sch 1; 2010 No. 19s 237; 2016 No. 3s 14

32What happens if a person does not comply with a relevant standard

(1)If a person does not comply with a relevant standard, this may establish noncompliance with a general safety obligation under section 40 or 41.

(2)However, the court may be satisfied that the ship was safe even though the standard was not complied with.

Example—

If a ship designer designsowner or master operates a recreational ship that does not comply with a standard forabout the design of aequipment the ship of the type being designedshould be equipped with to achieve safety, the noncompliance with the standard may establish that the seaworthiness declaration made by the ship designer was not correctmean section 41 has been contravened. However, the ship designerowner may satisfy the court that the ship was seaworthysafe, despite noncompliance with the standard.

Note—

See section 42 for a fuller statement.

s 32 amd 2016 No. 3s 15

33What happens if a ship has a certificate of compliance or surveyRole of survey reports in satisfying general safety obligations

A certificate of compliance or certificate of surveysurvey report issued by a competent person for a ship issued under this Act or by another recognised authorityQueensland regulated ship may be used to establish that a general safety obligation under section 40 or 41 has been complied with in whole or part.

Note—

See section 42(3)(a).

s 33 sub 2016 No. 3s 16

34What mechanisms ensure safety

There are various mechanisms in the Act to ensure safety, including, for example, the following—

(a)certain key groups of people need to be licensed or accredited under the Act and will be regulated under the licensingor accreditation system;

(b)accredited ship designers, ship builders and marine surveyorsowners and masters of Queensland regulated ships are responsible for ensuring the correctness of important safety aspects of certificates of compliance that they issueships are safe;

(c)owners, masters, crew members and mastersother persons involved with the operation of Queensland regulated ships are responsible for ensuring thatthe ships are safeoperated safely;

(d)owners, masters, pilots, crew members and other persons involved with who have the operationconduct of ships are responsible for ensuring thatthe ships are operated safely;

(e)Queensland regulated ships must have the required safety equipment;

(f)certainsome Queensland regulated ships need to be registered under this Act;

(g)shipping inspectors are to be appointed and have the power to monitor ships to see if they are safe and are operated safely;

(h)whenever a significant marine incident happens, it must be investigated bythe general manager may require a shipping inspector and may be the subject of a reference by the Minister toto investigate a marine incident, or suspected marine incident, involving a board of inquiry established for the incidentQueensland regulated ship;

(i)the chief executive or general manager may suspend or cancel an approval;

(j)the maximum penalties are substantial if a person is found guilty of contravening the Act.

Note—

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 (Penalties and Sentences Act 1992, section 180A). 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 (Penalties and Sentences Act 1992, section 181B). Thus, for example, the maximum fine that could be imposed on summary conviction on a body corporate ship owner for an offence against section 41 is 2,500 penalty units. If the contravention causes death or grievous bodily harm, the maximum fine on conviction on indictment is 25,000 penalty units.

s 34 amd 2002 No. 29s 16sch 1; 2006 No. 21s 53; 2016 No. 3s 17

35How is safety in Queensland waters achieved

(1)Some Queensland waters need to be controlled to ensure safety.

(2)The Act, therefore, allows areas of Queensland waters to be declared as pilotage areas.

(2A)The Act also allows a pilotage area, or part of a pilotage area, to be declared as a compulsory pilotage area.

(3)Control in pilotage areas is achieved by requiring certain ships to use a pilot when the ship is entering, leaving or navigating within a compulsory pilotage area.

(4)Control is also achieved by appointing harbour masters and authorising them to give directions about ships and their navigation.

(5)Part 7 sets out the powers of harbour masters.

s 35 amd 2001 No. 79s 70

36How are harbour masters and shipping inspectors accountable

(1)In exercising a power, harbour masters are accountable to the general manager under the Public Service Act 2008Public Sector Act 2022 and must comply with part 7.

(2)In exercising a power, shipping inspectors are accountable to the general manager under the Public Service Act 2008Public Sector Act 2022 and must comply with part 13.

(3)Harbour masters and shipping inspectors are also subject to controls under other laws, including, for example, the Judicial Review Act 1991.

s 36 amd 1996 No. 37s 147, sch 2; 2002 No. 29s 16sch 1; 2009 No. 25s 83 schsch; 2022 No. 34s 365sch 3

37How is the chief executive accountable

The chief executive must report annually to Parliament through the Minister on the Act’s operation.

38Does the Act mention everything that will appear in the regulations and standards

The Act allows for matters to be provided by regulation or standard even though express reference may not be made to the matters in the Act.

Example—

Reference is made in the Act to the registration of a Queensland regulated ship, the amendment, renewal, or transfer of the registration of the ship or the exemption of the ship from registration. However, details about these matters are to be found in regulations or standards and not the Act.

s 38 amd 2016 No. 3s 18

39Operation of part

This part does not limit, but may extend, the meaning of—

(a)a provision of another part of this Act; or

(b)a provision of a regulation or standard.

Example—

If a regulation provides for a matter and this part mentions the matter, this part cannot be used to limit, but may extend, the regulation making power or the regulation.

pt 4 hdg sub 2016 No. 3s 19

pt 4 div 1 hdg sub 2016 No. 3s 19

40General safety obligation of ship designers, ship builders and marine surveyorscompetent persons about condition of ships

(1)An accredited ship designer, ship builder or marine surveyorA competent person who issues a certificate of compliancesurvey report for a ship must ensure that each declarationstatement made in the certificatereport about the ship’s seaworthiness is correct in every material particular.

Maximum penalty—500 penalty units or imprisonment for 1 year.

(2)However, if—

(a)a particular that was incorrectly declared in the certificatesurvey report causes a marine incident; and

(b)the marine incident involves the death of, or grievous bodily harm to, a person;

the accredited ship designer, ship builder or marine surveyorcompetent person commits an indictable offence and is liable to a maximum penalty of 50005,000 penalty units or imprisonment for 2 years.

s 40 amd 2006 No. 21s 54; 2016 No. 3s 20

41General safety obligation of ship owners and masters about condition of ships

(1)The owner and master of a ship must not operate the ship unless the ship is safe.

Maximum penalty—500 penalty units or imprisonment for 1 year.

(2)However, if the contravention of subsection (1) causes a marine incident involving the death of, or grievous bodily harm to, a person, the owner and master commit an indictable offence and are liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.

(3)For the purposes of this section, a ship is safe if it is seaworthy, and is appropriately equipped and crewed, to meet the ordinary perils of the voyage on which the ship is proceeding or about to proceed.

42Relationship between regulatory provisions and general safety obligations about the condition of shipsfor competent persons and ship owners and masters

(1)In this section—

certificate of compliance includes an equivalent certificate issued under a law of the Commonwealth or another State.

general safety provision means section 40 or 41.

regulatory provision means a provision of a regulation or standard about the condition, equipping or crewing of ships.

(2)This section applies if—

(a)it is claimed in a proceeding that a person contravened a general safety provision because of the condition of a ship or its equipping or crewing (the safety issue); and

(b)a regulatory provision provided a way of dealing with the safety issue to achieve safety.

(3)If it is proved that the safety issue was not dealt with in the way provided by the regulatory provision, the general safety provision is taken to have been contravened unless the court is satisfied that—

(a)to satisfy compliance with the general safety provision, it was reasonable for the person to rely on either ofa survey report issued by a competent person, other than the following to satisfy compliance withperson, that was in force for the generalship and covered the safety provision—issue (completely or partly); or

(i)a certificate of survey or a certificate of compliance issued by someone other than the person that was in force for the ship and covered the safety issue (completely or partly);

(ii)an approval of the design of the ship or part given by the general manager under part 5, division 5; or

(b)the general safety provision was complied with, despite noncompliance with the regulatory provision.

(4)In deciding whether the general safety provision had been complied with despite noncompliance with the regulatory provision, the court must have regard to the objectives of this Act.

s 42 amd 1995 No. 9s 92sch 1; 1995 No. 58s 3sch; 1996 No. 63s 7; 2000 No. 46s 3sch; 2002 No. 29s 16sch 1; 2006 No. 21s 55; 2016 No. 3s 21

43General safety obligation on persons involved with operation of ship to operate it safely

(1)A person involved with a ship’s operation (including the owner, master, pilot and crew members) must not cause the ship to be operated unsafely.

Maximum penalty—500 penalty units or imprisonment for 1 year.

(2)Without limiting subsection (1), a person causes a ship to be operated unsafely if the person causes the ship to be operated in a way that—

(a)causes a marine incident; or

(b)contravenes—

(i)conditionsa condition of the ship’s registration under this Act that is about safety; or

(ii)a provision of a regulation that is declared by a regulation to be a provision to which this section applies.

(3)However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the owner, master, pilot, crew member or other person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.

(4)A person does not contravene this section because of subsection (2)(a) if the only basis for holding that a marine incident has been caused is lawful damage to, or danger of lawful damage to, property of which the person is the sole owner.

(5)This section does not apply to a ship’s pilot.

Note—

See section 45 for the obligation on pilots of ships.

(56)In this section—

lawful damage means damage that is not unlawful under the Criminal Code, section 469.

s 43 amd 2016 No. 3s 22

44Safety equipment obligation

(1)The owner or master of a ship must not operate a ship if—

(a)the ship is required by a regulation to be equipped with safety equipment; and

(b)the ship is not equipped with the safety equipment.

Maximum penalty—500 penalty units or imprisonment for 1 year.

(2)However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the owner or master commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.

(3)In this section—

safety equipment means equipment that is declared by a regulation to be safety equipment to which this section applies.

pt 5 hdg ins 1996 No. 63s 13

sub 2016 No. 3s 26

pt hdg ins 1996 No. 63 s 13

pt 5 div 3A hdg ins 2008 No. 71s 15

om 2015 No. 14s 27

pt 5 div 1 hdg sub 2016 No. 3s 26

55ApplicationDefinition for div 1

A provision ofIn this part applies only to ships declared by regulation to be ships to which the provision applies.division—

registered means registered under this Act.

s 55 sub 2016 No. 3s 26

71Pilotage areas and compulsory pilotage areas

A regulation may—

(a)declare—

(i)an area of Queensland waters to be a pilotage area; or

(ii)a pilotage area, or part of a pilotage area, to be a compulsory pilotage area; or

(b)close a pilotage area or a part of a pilotage area.

s 71 amd 2001 No. 79s 71

71AWho is the responsible pilotage entity for a compulsory pilotage area

(1)The responsible pilotage entity for a compulsory pilotage area is the entity prescribed under a regulation as the responsible pilotage entity for the pilotage area.

(2)A responsible pilotage entity has the function of providing, or arranging for the provision of, pilotage services in its compulsory pilotage area.

s 71A ins 2013 No. 40s 19

72Harbour master may permit ship navigation in closed pilotage area

(1)If a pilotage area or part of a pilotage area is closed by regulation, a harbour master may permit a person to—

(a)cause a ship to enter, leave or navigate in the area or part; or

(b)anchor, berth or moor a ship in the area or part.

(2)If it is not practicable for the harbour master to give the person a written permission under subsection (1), the harbour master must make a written note of the permission and its details.

73Failure to comply with closure of pilotage area

(1)This section applies if a regulation closes a pilotage area or part of a pilotage area.

(2)A person must not, without the permission of a harbour master—

(a)cause a ship to enter, leave or navigate in the pilotage area or part, unless the person has a reasonable excuse; or

(b)anchor, berth or moor a ship in the pilotage area or part, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

74Appointment of harbour masters

(1)The chief executive may appoint an officer or employee of MSQ to be a harbour master.

(2)A person appointed as a harbour master is a shipping inspector without further appointment.

s 74 amd 2002 No. 29s 16sch 1

75Only qualified persons may be appointed as harbour masters

The chief executive may appoint a person to be a harbour master only if—

(a)in the chief executive’s opinion, the person has the necessary expertise or experience to be a harbour master and shipping inspector; or

(b)the person has satisfactorily finished training approved by the chief executive.

76Limitations on powers of a harbour master

(1)The powers of a harbour master may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by notice of the chief executive given to the harbour master.

(2)In exercising a power, a harbour master is subject to the direction of the general manager.

s 76 amd 2002 No. 29s 16sch 1

77Harbour master to consult with port authority

(1)Before a harbour master exercises a power that may affect the functions of a port authority, the harbour master must consult with the port authority to the extent reasonably practicable.

(2)Failure to comply with subsection (1) does not affect the validity of the exercise of the power.

77AHarbour master to consult with Gold Coast Waterways Authority

(1)Before a harbour master exercises a power that may affect the functions of the Gold Coast Waterways Authority, the harbour master must consult with the Gold Coast Waterways Authority to the extent reasonably practicable.

(2)Failure to comply with subsection (1) does not affect the validity of the exercise of the power.

s 77A ins 2012 No. 38s 123

78End of appointment

The appointment of a person as a harbour master ends if the person ceases to be an officer or employee of MSQ.

s 78 amd 2002 No. 29s 16sch 1

79Delegation by harbour master

(1)A harbour master may delegate the harbour master’s functions to—

(a)an officer or employee of the public service who the harbour master is satisfied has the necessary expertise or experience to exercise the functions; or

(b)a shipping inspector; or

(c)an officer or employee of a port authority; or

(ca)an employee of MSQ; or

(d)a police officer; or

(e)someone else prescribed by regulation.

(2)A delegation under subsection (1)(d) has effect only if the commissioner of the police service has given written approval to the proposed delegation.

(3)In this section—

functions include powers.

s 79 amd 2000 No. 5s 373sch 3; 2002 No. 29s 16sch 1; 2006 No. 21s 64

80Identity cards

(1)The chief executive must give an identity card to each harbour master.

(2)A harbour master who delegates functions or powers to a person, other than a shipping inspector, must give an identity card to the person.

(3)The identity card of a harbour master or a harbour master’s delegate must—

(a)contain a photograph of the harbour master or delegate; and

(b)be in a form approved by the chief executive; and

(c)be signed by the harbour master or delegate.

(4)A person who ceases to be a harbour master or delegate must return the person’s identity card to the chief executive as soon as is practicable after the person ceases to be a harbour master or delegate, unless the person has a reasonable excuse for not returning it.

Maximum penalty for subsection (4)—40 penalty units.

s 80 amd 2006 No. 21s 65

81Proof of authority

(1)A harbour master must display the harbour master’s identity card for inspection by a person if the harbour master, in person, gives a direction to the person or exercises another power in relation to the person.

(2)If, for any reason, it is not practicable to comply with subsection (1), the harbour master must produce the identity card for inspection by the person at the first reasonable opportunity.

(3)If a harbour master gives a written direction to a person, the written direction must be on letterhead approved by the chief executive.

(4)If a harbour master gives a direction to a person by radio, megaphone or another form of distance communication, the harbour master must identify himself or herself as a harbour master.

82Protection from liability

(1)A harbour master is not civilly liable for an act or omission done honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a harbour master, the liability attaches instead to the State.

83Harbour masters to give notice of damage

(1)A harbour master who, in the exercise of a power under this part, damages anything must promptly give written notice of the particulars of the damage.

(2)The notice must be given—

(a)if the thing is a ship or is on a ship—to the ship’s master; or

(b)in any other case—to the person who appears to the harbour master to be the owner of the thing.

(3)If, for any reason, it is not practicable to comply with subsection (2), the harbour master must—

(a)leave the notice on the thing that is damaged; and

(b)ensure the notice is left in a reasonably secure way in a conspicuous position.

84Impersonation of harbour master

A person must not pretend to be a harbour master.

Maximum penalty—40 penalty units.

85Obstruction of harbour master

A person must not obstruct a harbour master in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

86General limitation on harbour master’s power to give directions under subdivision

(1)A harbour master may give a direction under this subdivision only if the harbour master reasonably considers it necessary to give the direction to ensure safety.

(2)In giving the direction, the harbour master must have regard to the need to ensure the effectiveness and efficiency of the Queensland maritime industry.

s 86 amd 2006 No. 21s 66

86ADirection may be general or particular

(1)A direction under this subdivision may be given as a general direction or particular direction.

(2)

A general direction is a direction that—

(a)applies to all ship owners, ship masters, ships, other persons or matters; or

(b)is limited in its application to stated classes of ship owners, ship masters, ships, other persons or matters; or

(c)otherwise applies generally or generally with stated exceptions or factors.

      A general direction is a direction that—

(a)applies to all ship owners, ship masters, ships, other persons or matters; or

(b)is limited in its application to stated classes of ship owners, ship masters, ships, other persons or matters; or

(c)otherwise applies generally or generally with stated exceptions or factors.

(3)A general direction may—

(a)make different provision for different ship owners, ship masters, ships, other persons or matters, or different classes of ship owners, ship masters, ships, other persons or matters; or

(b)apply differently to stated exceptions or factors.

(4)

A particular direction is a direction that applies to—

(a)a particular ship owner or ship master, including an owner or master mentioned in the direction only as the owner or master of a stated particular ship; or

(b)a particular ship; or

(c)another particular person or matter.

      A particular direction is a direction that applies to—

(a)a particular ship owner or ship master, including an owner or master mentioned in the direction only as the owner or master of a stated particular ship; or

(b)a particular ship; or

(c)another particular person or matter.

(5)A general direction or particular direction may be given orally, in writing or in another way.

(6)Without limiting subsection (5)—

(a)an oral direction may be given by the harbour master, an agent of the harbour master or a shipping inspector—

(i)personally to a person; or

(ii)by phone, radio or another form of electronic communication; or

(iii)by megaphone or another form of distance communication; or

(b)a written direction may be given by way of a written notice published or otherwise reasonably made available or known to any person to whom it applies, including, for example, by publication in a newspaper or by a fax or email; or

(c)a direction may be given in another way appropriate for the maritime environment by being published or otherwise reasonably made available or known to any person to whom it applies, including, for example, by use of flags or lights.

(7)For a particular direction applying to a ship’s master, the direction may be given to another person in control of the ship if it is not practicable to give the particular direction to the ship’s master.

(8)A particular direction given under subsection (7) to a person in control of a ship, other than the ship’s master, is taken to have been given to the ship’s master.

(9)In a proceeding, if an issue arises about whether a direction was given to a person, the party alleging the direction was given must prove that the person had, or reasonably ought to have had, knowledge of the direction.

s 86A ins 2006 No. 21s 67

87Power of Minister to require directions

(1)The Minister may ask the chief executive to require a harbour master to give a direction under this subdivision.

(2)Section 86 does not apply to the giving of the direction by a harbour master.

(3)A request may only be made by the Minister if the Minister is satisfied that exceptional circumstances exist to justify the Minister’s intervention in the public interest.

(4)If the Minister makes a request under this section, the request must be—

(a)notified in the gazette as soon as practicable after it is made; and

(b)tabled in the Legislative Assembly within 14 days after it is given.

s 87 amd 2006 No. 21s 68

87AOwner of ship lost, abandoned or stranded

(1)This section applies if—

(a)a ship is lost, abandoned or stranded; and

(b)a harbour master may, or is required to, give a direction under this subdivision to a person about the ship.

(2)For this division, the person who was the registeredrecorded owner of the ship immediately before the ship was lost, abandoned or stranded is taken to be the owner of the ship and the person to whom the direction may or must be given, unless the contrary is proved.

(3)Without limiting subsection (2), if a harbour master incurs expense (whether the expense is the harbour master’s expense or the State’s expense) in exercising a power under section 93 in relation to the direction, the person taken to be the owner under subsection (2) is the person who is liable for the amount of the expense that may, under section 94, be recovered from the owner of the ship.

(4)If, under subsection (2), more than 1 person is taken to be the owner of the ship, on the giving of the direction to any of the owners, all of the owners are jointly and severally liable for the amount of the expense mentioned in subsection (3).

(5)To remove any doubt, it is declared that the registered owner mentioned in subsection (2) is the person in whose name the ship is registered under a law of the State or another jurisdiction, whether inside or outside Australia.In this section—

recorded owner means—

(a)for a domestic commercial vessel—the holder of the vessel’s certificate of operation under the national law; or

(b)for another ship—the person in whose name the ship is registered under this Act or a law of another jurisdiction, whether inside or outside Australia.

s 87A ins 2005 No. 49s 43

amd 2008 No. 31s 35s 35; 2016 No. 3s 33

87BDirection to master about operation of ship in relation to a marine incident area

(1)A harbour master may direct the master of a ship to operate the ship in a stated way.

(2)Without limiting subsection (1), the harbour master may direct the master of a ship in or adjacent to a marine incident area to operate the ship in a stated way, including, for example, in any of the following ways—

(a)not to cause the ship to enter the marine incident area;

(b)to cause the ship to enter the marine incident area in a stated way;

(c)to navigate the ship in the marine incident area in a stated way;

(d)to anchor, berth or moor the ship at a stated place in the marine incident area;

(e)to move the ship from an anchorage, berth or mooring in the marine incident area;

(f)to cause the ship to leave the marine incident area or to leave the marine incident area in a stated way.

(3)A person must not contravene a direction under this section, unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—200 penalty units.

s 87B ins 2006 No. 21s 69

88Direction to master about operation of ship in relation to pilotage area

(1)A harbour master may direct the master of a ship to navigate or otherwise operate the ship in relation to a pilotage area in a specified way, including, for example—

(a)not to cause the ship to enter the pilotage area; or

(b)to cause the ship to enter the pilotage area in a specified way; or

(c)to navigate the ship in the pilotage area in a specified way; or

(d)to anchor, berth or moor the ship at a specified place in, or adjacent to, the pilotage area; or

(e)to move the ship from an anchorage, berth or mooring in the pilotage area; or

(f)to cause the ship to leave the pilotage area or to leave the pilotage area in a specified way.

(2)A person must not contravene a direction under subsection (1), unless the person has a reasonable excuse for the contravention.

Maximum penalty for subsection (2)—200 penalty units.

s 88 amd 2006 No. 21s 70; 2009 No. 47s 17

88ADirection to managing pilotage entity about pilotage services

(1)A harbour master may direct a managing pilotage entity for a compulsory pilotage area to provide, or arrange for the provision of, pilotage services in the pilotage area in a specified way.

(2)The managing pilotage entity must not contravene a direction under subsection (1), unless the managing pilotage entity has a reasonable excuse for the contravention.

Maximum penalty for subsection (2)—200 penalty units.

s 88A ins 2013 No. 40s 20

89Direction to person in charge of a place

(1)A harbour master may direct the person in charge of a place in, or adjacent to, a marine incident area or pilotage area—

(a)to allow a ship to be berthed at the place or moved from the place; or

(b)to allow access through the place to and from the ship.

(2)A person must comply with a direction under subsection (1), unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (2)—200 penalty units.

s 89 amd 2006 No. 21s 71

90Direction to person carrying out works

(1)A harbour master may direct a person who is carrying out construction work in or near a marine incident area or pilotage area to light or mark the works in a specified way.

(2)The direction may specify when the action is to be taken.

(3)A person must comply with a direction under subsection (1), unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (3)—200 penalty units.

s 90 amd 2006 No. 21s 72

91Direction to person about obstruction

(1)A harbour master may direct a person responsible for something that is obstructing, or may obstruct, navigation to remove it.

(2)The direction may specify how, when and to where the thing must be moved.

(3)A person must comply with a direction under subsection (1), unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (3)—200 penalty units.

s 91 amd 2006 No. 21s 73

92Direction to person to put out certain lights etc.

(1)This section applies if a harbour master reasonably believes a light, sign, signal, electrical or radio installation or equipment or anything else (a source of interference)—

(a)may be or has been mistaken for, may interfere or is interfering with, or may otherwise affect or is otherwise affecting the proper operation of, an aid to navigation; or

(b)may otherwise affect the safe operation of ships.

(2)The harbour master may direct the following persons to put out, remove or screen the source of interference, or to take other specified action in relation to the source of interference—

(a)the owner or occupier of the place where the source of interference is situated;

(b)the person the harbour master reasonably believes owns or is responsible for the source of interference.

(3)The direction may specify how and when the action is to be taken.

(4)A person must comply with a direction under subsection (2), unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (4)—200 penalty units.

s 92 amd 2006 No. 21s 74

93Harbour master may carry out direction

(1)This section applies if—

(a)a person has contravened a direction under subdivision 1 that the person must comply with; or

(b)a harbour master reasonably believes there is no-one to whom a proposed direction under subdivision 1 may be given and, because of urgent circumstances, the harbour master must act under this section.

(2)The harbour master may, to the extent necessary to ensure safety as mentioned in section 86(1), carry out the direction or proposed direction.

(3)Without limiting subsection (2), the harbour master may—

(a)board a ship and operate it, including, for example, by moving or navigating it; or

(b)enter or remain in a place in, or adjacent to, a marine incident area or pilotage area in order to board a ship and anchor, berth, moor or move it; or

(c)light or mark construction works; or

(d)remove a thing that is obstructing, or may obstruct, navigation; or

(e)put out, remove or screen, or take other action in relation to, a source of interference.

(4)If the harbour master attaches the ship (the first ship) to another ship or a buoy, wharf or pile, this Act does not prevent the owner or master of the other ship, or the owner of the buoy, wharf or pile, from recovering damages for injury or loss suffered, because of the attachment, from the owner or master of the first ship.

s 93 sub 2006 No. 21s 75

94Recovery by State of expenses of carrying out direction

(1)This section applies if a harbour master incurs expense (whether the expense is the harbour master’s expense or the State’s expense) in exercising a power under section 93.

(2)The amount of the expense may be recovered as a debt by the State by action in a court of competent jurisdiction from the persons liable for the expense.

(3)The following persons are liable for the expense—

(a)if a direction was given to a person under section 87B, 89, 90, 91 or 92 and the person did not comply with the direction—the person;

(b)if a direction under section 87B, 89, 90, 91 or 92 could have been given to a person but was not given for the reasons mentioned in section 93(1)(b)—the person;

(c)if a direction under section 88 was given to the master of a ship and the master did not comply with the direction—the master and the owner of the ship;

Note for paragraph (c)—

Under section 86A(8) a direction given to the person in control of a ship is taken to have been given to the ship’s master.

(d)if a direction under section 88 could have been given to the master of a ship but was not given for the reasons mentioned in section 93(1)(b)—the master and the owner of the ship.

(4)If, under subsection (3), more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable.

(5)In this section—

direction means—

(a)a direction given under subdivision 1 that, under the subdivision, a person must comply with; or

(b)a direction that could have been given under subdivision 1 and, if it had been given under the subdivision, a person would have been required to comply with.

s 94 amd 1995 No. 9s 92sch 1; 2006 No. 21s 76

95Temporary closure of pilotage area by harbour master

(1)A harbour master may close a pilotage area or a part of a pilotage area if the harbour master is satisfied that the closure is required for a limited period to ensure safety.

(2)The harbour master must take the steps necessary to ensure that ships that may be affected by the closure are aware of it.

(3)The harbour master must revoke the closure when the harbour master ceases to be satisfied that the closure is still required to ensure safety.

(4)However, the closure ends 14 days after the closure is made if it is not earlier revoked.

(5)When the closure ends, the harbour master must immediately take the steps necessary to ensure that ships that may be affected by the closure are aware of the ending of the closure.

s 95 amd 2005 No. 49s 44

96Harbour master may permit ship navigation in closed pilotage area

(1)If a pilotage area or part of a pilotage area is closed by a harbour master, a harbour master may permit a person to—

(a)cause a ship to enter, leave or navigate in the pilotage area or part; or

(b)anchor, berth or moor a ship in the pilotage area or part.

(2)If it is not practicable for the harbour master to give written permission under subsection (1), the harbour master must make a written note of the permission and its details.

97Failure to comply with closure of pilotage area by harbour master

(1)This section applies if a harbour master closes the area or part of a pilotage area.

(2)A person must not, without a harbour master’s permission—

(a)cause a ship to enter, leave or navigate in the pilotage area or part, unless the person has a reasonable excuse; or

(b)anchor, berth or moor a ship in the pilotage area or part, unless the person has a reasonable excuse.

Maximum penalty for subsection (2)—200 penalty units.

98Application of part

This part applies only to ships declared by regulation to be ships to which the part applies.

99Pilots required for ship navigation in compulsory pilotage area

A person must not navigate a ship in a compulsory pilotage area unless the person uses the services of a pilot.

Maximum penalty—200 penalty units.

s 99 amd 2001 No. 36s 11; 2001 No. 79s 72

100Regulations about pilotage

A regulation may provide for the duties of—

(a)a ship’s owner and master to arrange for pilotage; and

(b)a ship’s master to ensure the safety of a pilot when the pilot is boarding, leaving or on board the ship; and

(c)a ship’s master to enable the pilot to discharge the pilot’s duties; and

(d)a pilot of a ship to ensure the safety of the ship in the pilotage area, whether the use of the pilot is required or voluntary; and

(e)a pilot’s employer—

(i)to equip the pilot; and

(ii)to develop and maintain the skills needed by the pilot to discharge the pilot’s duties; and

(f)a master exempted from pilotage under a regulation.

101Immunity for pilots and general employers

(1)A conducting pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot.

(2)A supervising pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot or the supervising pilot.

(3)The general employer of a conducting pilot or supervising pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot or supervising pilot.

(4)Subsections (1) to (3) do not affect—

(a)any liability of a conducting pilot or supervising pilot’s general employer for not appointing a qualified and competent person as a pilot; and

(b)any liability of a ship’s master and owner.

(5)In this section—

conducting pilot means a pilot who has the conduct of a ship as its pilot.

general employer, of a conducting pilot or supervising pilot, means—

(a)the responsible pilotage entity for the compulsory pilotage area in which the pilot is acting to supply pilotage services; or

(b)if the responsible pilotage entity for a compulsory pilotage area has entered into a written agreement with another entity for the other entity to supply pilotage services in the pilotage area and the pilot is acting in the supply of the services—each party to the agreement.

supervising pilot means a person who is licensed under a regulation as a pilot and who is on board a ship to train a conducting pilot or assess a conducting pilot’s competence as a pilot.

s 101 sub 2001 No. 36s 12

amd 2001 No. 79s 73; 2002 No. 29s 16sch 1; 2013 No. 40s 21

102Liability of owner or master of ship under pilotage

(1)The pilot who has the conduct of a ship is subject to the master’s authority.

(2)The master of a ship is not relieved from responsibility for the ship’s operation merely because the ship is under pilotage.

(3)The owner and master of a ship being navigated by a pilot because the pilotage is compulsory under this Act or another Act is liable for loss or damage caused by the ship, or by a fault of the navigation of the ship, as if the pilotage were not compulsory.

102ARestriction on conduct of ship by pilot

(1)A pilot must not have the conduct of a ship as its pilot in a compulsory pilotage area unless the pilot—

(a)is an employee of the responsible pilotage entity for the compulsory pilotage area; or

(b)is acting in the supply of pilotage services the subject of a written agreement between—

(i)the responsible pilotage entity for the compulsory pilotage area; and

(ii)the pilot or another entity.

Maximum penalty—40 penalty units.

(2)Despite subsection (1), a pilot may have the conduct of a ship as its pilot in a compulsory pilotage area if another pilot (the supervisor) is training the pilot, or assessing the pilot’s competence, and the supervisor—

(a)is an employee of the responsible pilotage entity for the compulsory pilotage area; or

(b)is acting in the supply of pilotage services the subject of a written agreement between—

(i)the responsible pilotage entity for the compulsory pilotage area; and

(ii)the supervisor or another entity.

(3)Subsections (1) and (2) do not limit section 61(3)section 61C.

s 102A ins 2001 No. 36s 13

amd 2002 No. 29s 16sch 1; 2013 No. 40s 22; 2016 No. 3s 76sch 1

103Offence of impersonating a pilot

A person must not pretend to be a pilot.

Maximum penalty—40 penalty units.

104Meaning of aid to navigation

(1)

An aid to navigation is a device designed to be used for navigation or the guidance of mariners, including a device to help in—

(a)fixing a ship’s position; or

(b)deciding a safe course for a ship; or

(c)warning a ship of dangers or obstructions.

Examples—

beacon, buoy, light, lighthouse, marine mark, radio aid or signal

      An aid to navigation is a device designed to be used for navigation or the guidance of mariners, including a device to help in—

(a)fixing a ship’s position; or

(b)deciding a safe course for a ship; or

(c)warning a ship of dangers or obstructions.

Examples—

beacon, buoy, light, lighthouse, marine mark, radio aid or signal

(2)An aid to navigation includes any structure or equipment ancillary to the aid to navigation.

Examples—

1the battery house providing a lighthouse with power

2lifesaving equipment that is part of an aid to navigation

(3)However, an aid to navigation does not include a device on board a ship.

105General manager may set up aid to navigation

(1)The general manager may set up an aid to navigation—

(a)in or near a pilotage area; and

(b)in any other place where the general manager considers the aid to navigation is desirable to ensure the safety of people or ships or other property.

(2)The general manager may enter into agreements for setting up an aid to navigation.

(3)This section does not limit other powers that the general manager has to set up aids to navigation.

s 105 amd 2002 No. 29s 16sch 1

105AGold Coast Waterways Authority may set up aid to navigation

(1)Without limiting section 105, the Gold Coast Waterways Authority may set up an aid to navigation in Gold Coast waters—

(a)in or near a pilotage area; and

(b)in any other place where the authority considers the aid to navigation is desirable to ensure the safety of people or ships or other property.

(2)The Gold Coast Waterways Authority may enter into agreements for setting up an aid to navigation.

(3)This section does not limit other powers that the Gold Coast Waterways Authority has to set up aids to navigation.

s 105A ins 2012 No. 38s 124

106Unlawful interference with an aid to navigation

(1)A person must not unlawfully interfere with an aid to navigation.

Maximum penalty—500 penalty units or imprisonment for 1 year.

(2)However, if—

(a)the interference with the aid causes a marine incident; and

(b)the marine incident involves the death of, or grievous bodily harm to, a person;

the person commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.

(3)A person unlawfully interferes with an aid to navigation if the person wilfully, and without authority, justification or excuse, detrimentally interferes with the effective or efficient operation of the aid.

Examples of detrimental interference—

1A person removes, alters, damages or disturbs the aid.

2A person obstructs the operation of the aid.

107Trespassing on aid to navigation

A person must not—

(a)moor a ship to an aid to navigation or climb the aid, unless the person has a reasonable excuse for mooring the ship or climbing the aid; or

(b)if the aid to navigation is a lighthouse—enter the lighthouse or any enclosed area around the lighthouse, unless the person has a reasonable excuse for entering the lighthouse or area.

Maximum penalty—40 penalty units.

107ADamage to an aid to navigation

(1)This section applies if a ship damages or destroys an aid to navigation.

(2)The master and the owner of the ship are jointly and severally liable for the expense of repairing or reinstating the aid to navigation.

(3)The amount of the expense may be recovered as a debt by the State by action in a court of competent jurisdiction from the master and the owner of the ship.

s 107A ins 2002 No. 15s 43

153Functions of shipping inspectors

The functions of shipping inspectors are as follows—

(a)to monitor ships and their operations to ensure part 4 and other provisions of this Act are complied with;

(b)to monitor the holders of approvals and their business operations to ensure that part 5 is complied with;

(c)to help harbour masters, including exercising any delegated powers under part 7;

(d)to investigate marine incidents involving Queensland regulated ships and report the results to the general manager under part 11;.

(e)to carry out directions of boards of inquiry under part 12.

s 153 amd 2002 No. 29s 16sch 1; 2016 No. 3s 46

154Shipping inspectors subject to directions from general manager

A shipping inspector is subject to the directions of the general manager in exercising powers of a shipping inspector.

s 154 amd 2002 No. 29s 16sch 1

155Powers of shipping inspectors under this part

(1)The powers given to a shipping inspector under this part are in addition to, and do not limit, the powers given to a shipping inspector under—

(a)another part of this Act; or

(b)a condition of an approval.

(2)The powers under this part may be exercised in relation to—

(a)ships; and

(b)places specified in an approvalmentioned as a place of business; and—

(i)in an approval; or

(ii)in a document about a domestic commercial vessel issued by the national regulator under the national law; and

(c)other premises and vehicles.

(3)If a shipping inspector may exercise a power under a provision of this part and another provision of this Act, the inspector may exercise the power under either or both provisions.

(4)If a shipping inspector may exercise a power under this part and under a condition of an approval, the inspector may exercise the power under either or both.

s 155 amd 2016 No. 3s 47

156Limitation on powers of a shipping inspector

The powers of a shipping inspector may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by notice of the general manager given to the shipping inspector.

s 156 amd 2002 No. 29s 16sch 1

157Appointment of shipping inspectors

(1)The general manager may appoint any of the following persons as shipping inspectors—

(a)officers and employees of the public service;

(b)officers and employees of port authorities;

(c)employees of MSQ;

(d)employees of the Gold Coast Waterways Authority;

(e)police officers or a class of police officers;

(f)other persons prescribed by regulation.

(2)The general manager may appoint a person (other than a police officer) as a shipping inspector only if—

(a)in the general manager’s opinion, the person has the necessary expertise or experience to be a shipping inspector; or

(b)the person has satisfactorily finished training approved by the general manager.

s 157 amd 1995 No. 50s 3sch; 2002 No. 29s 16sch 1; 2012 No. 38s 125

158Conditions of appointment of shipping inspectors

(1)A shipping inspector holds office on the conditions specified in the instrument of appointment.

(2)A shipping inspector—

(a)if the appointment provides for a term of appointment—ceases holding office at the end of the term; and

(b)may resign by signed notice of resignation given to the general manager; and

(c)if the conditions of appointment provide—ceases holding office as a shipping inspector on ceasing to hold some other office specified in the conditions of appointment.

s 158 amd 2002 No. 29s 16sch 1

159Shipping inspector’s identity card

(1)The general manager must give an identity card to each shipping inspector.

(2)The identity card must—

(a)contain a recent photograph of the shipping inspector; and

(b)be in a form approved by the general manager; and

(c)be signed by the shipping inspector.

(3)A person who ceases to be a shipping inspector must return the person’s identity card to the general manager as soon as practicable after the person ceases to be a shipping inspector, unless the person has a reasonable excuse for not returning it.

Maximum penalty for subsection (3)—40 penalty units.

(4)This section does not apply to a shipping inspector who is a police officer.

s 159 amd 2002 No. 29s 16sch 1

160Display of shipping inspector’s identity card

(1)A shipping inspector (other than a police officer) may exercise a power in relation to a person only if the inspector displays the inspector’s identity card for inspection by the person.

(2)If, for any reason, it is not practicable to comply with subsection (1), the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.

s 160 amd 2000 No. 5s 373sch 3

161Protection from liability

(1)A shipping inspector is not civilly liable for an act or omission done honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a shipping inspector, the liability attaches instead to the State.

pt 13 div 3 hdg amd 2016 No. 3s 48

162Entry to place by shipping inspectors

(1)A shipping inspector may enter a place if—

(a)the occupier of the place consents to the entry; or

(b)it is a public place and the entry is made when the place is open to the public; or

(c)it is mentioned in an approval, or a national law document, as a place of business and the entry is made when the place is open for conduct of business or is otherwise open for entry; or

(d)the entry is permitted by a warrant.

(2)In this section—

national law document means a document about a domestic commercial vessel issued by the national regulator under the national law.

s 162 amd 2016 No. 3s 49

163Warrants

(1)A shipping inspector may apply to a magistrate for a warrant for a place.

(2)The application must—

(a)be sworn; and

(b)specify the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

(4)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of the commission of an offence against this Act; and

(b)the evidence is at the place, or may be at the place within the next 7 days.

(5)The warrant must state—

(a)that the inspector may, with necessary and reasonable help and force—

(i)enter the place; and

(ii)exercise the inspector’s powers under this Act; and

(b)the evidence for which the warrant is issued; and

(c)the hours of the day when entry may be made; and

(d)the day (within 14 days after the warrant’s issue) when the warrant ceases to have effect.

164Warrants—applications made other than in person

(1)A shipping inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the inspector’s remote location.

(2)Before applying for the warrant, the inspector must prepare an application specifying the grounds on which the warrant is sought.

(3)The inspector may apply for the warrant before the application is sworn.

(4)If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector.

(5)If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector—

(a)the magistrate must—

(i)tell the inspector what the terms of the warrant are; and

(ii)tell the inspector the date and time the warrant was signed; and

(iii)record the reasons for issuing the warrant on the warrant; and

(b)the inspector must—

(i)complete a form of warrant (warrant form) in the same terms as the warrant issued by the magistrate; and

(ii)write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.

(6)The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers permitted by the warrant issued by the magistrate.

(7)The inspector must send to the magistrate—

(a)the sworn application; and

(b)if a warrant form was completed by the inspector—the completed warrant form.

(8)The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity.

(9)When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate.

(10)If—

(a)in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and

(b)the warrant is not produced in evidence;

the court must presume the exercise of power was not authorised by a warrant unless the contrary is proved.

165Boarding of ships and entry of vehicles

(1)A shipping inspector may board a ship at any reasonable time of the day or night to find out whether this Act is being complied with.

(2)A shipping inspector may also board a ship or enter a vehicle at any reasonable time of the day or night if the inspector has reasonable grounds for suspecting that—

(a)the ship or vehicle is being, or has been, used in the commission of an offence against this Act; or

(b)the ship or vehicle, or a document or other thing in or on the ship or vehicle, may provide evidence of the commission of an offence against this Act.

166Boarding of ship that is moving or about to move

(1)This section applies if a shipping inspector intends to board a ship under section 165, including a ship that is being carried or towed by a vehicle.

(2)If the ship or the vehicle carrying or towing the ship is moving or about to move, the inspector may signal the person in control of the ship or vehicle to stop the ship or vehicle or not to move it.

(3)To enable the ship to be boarded, the inspector may—

(a)act with any necessary and reasonable help and force; and

(b)require the person in control of the ship or vehicle to give reasonable help to the inspector.

(4)A person must not disobey a signal under subsection (2), unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(5)A person must not fail to comply with a requirement under subsection (3)(b), unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(6)It is a reasonable excuse for a person to disobey a signal under subsection (2) if—

(a)the person reasonably believes that to obey the signal immediately would have endangered the person or someone else; and

(b)the person obeys the signal as soon as it is practicable to obey it.

167Shipping inspector’s general powers for ships, vehicles and places

(1)A shipping inspector who boards a ship, or enters a vehicle or place, under this part may—

(a)search any part of the ship, vehicle or place; or

(b)inspect, examine, photograph or film anything in or on the ship, vehicle or place; or

(c)take samples of or from anything in or on the ship, vehicle or place; or

(d)if the inspector boards a ship—survey the ship or any part of it; or

(e)take extracts from, or make copies of, any documents in or on the ship, vehicle or place; or

(f)take into or onto the ship, vehicle or place any persons, equipment and materials the inspector reasonably requires for exercising any powers in relation to the ship, vehicle or place; or

(g)require the occupier of the place, or any person in or on the ship, vehicle or place, to give the inspector reasonable help for the exercise of the powers mentioned in paragraphs (a) to (f); or

(h)if the inspector boards a ship or enters a vehicle—require the person in control of the ship or vehicle—

(i)to bring the ship or vehicle to a specified place; and

(ii)to remain in control of the ship or vehicle at the place for a reasonable time;

to enable the inspector to exercise the powers mentioned in paragraphs (a) to (f); or

(i)if the inspector boards a ship or enters a vehicle—require the person in control of the ship or vehicle to accompany the inspector to enable the inspector to comply with subsection (6).

(2)A person who is required by a shipping inspector under subsection (1)(g) to give reasonable help to the inspector for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(3)If the help is required to be given by a person by—

(a)answering a question; or

(b)producing a document (other than a document required to be kept by the person under this Act);

it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person.

(4)A person who is required by a shipping inspector under subsection (1)(h) to take action in relation to a ship or vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(5)A person who is required under subsection (1)(i) to accompany an inspector must comply with the requirement, unless the person has a reasonable excuse for not complying with it.

(6)The inspector must not enter a part of a ship or vehicle that is used only as a living area, or exercise powers under subsection (1)(a) to (f) in relation to the part, unless the inspector is accompanied by the person in control of the ship or vehicle.

(7)Subsection (6) does not apply if the person in control of the ship or vehicle is unavailable or unwilling to accompany the inspector or the inspector is unable for another reason to comply with the subsection.

168Power to seize after boarding ship or entering a vehicle

A shipping inspector who boards a ship or enters a vehicle under this part may—

(a)seize a thing in or on the ship or vehicle; or

(b)after searching the ship or vehicle—seize the ship or vehicle;

if the inspector believes, on reasonable grounds, the thing, ship or vehicle is evidence of the commission of an offence against this Act.

169Power to seize evidence from places

(1)A shipping inspector who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.

(2)A shipping inspector who enters a place under this part with the consent of the occupier may seize the particular thing for which the entry was made if the inspector believes on reasonable grounds the thing is evidence of an offence against this Act.

(3)A shipping inspector who enters a place under this part may also seize another thing if the inspector believes on reasonable grounds—

(a)the thing is evidence of the commission of an offence against this Act; and

(b)the seizure is necessary to prevent—

(i)the concealment, loss, death or destruction of the thing; or

(ii)the use of the thing in committing, continuing or repeating the offence.

170Procedure after thing seized

(1)As soon as practicable after a thing (including a ship or vehicle) is seized by a shipping inspector under this part, the inspector must give a receipt for it to the person from whom it was seized.

(2)If, for any reason, it is not practicable to comply with subsection (1), the inspector must—

(a)leave the receipt at the place where the thing was seized; and

(b)ensure the receipt is left in a reasonably secure way in a conspicuous position.

(3)The inspector must allow a person who would be entitled to the seized thing if it were not in the inspector’s possession—

(a)to inspect it; or

(b)if it is a document—to take extracts from it or make copies of it.

(4)The inspector must return the seized thing to the person at the end of—

(a)6 months; or

(b)if a prosecution for an offence involving it is started within 6 months—the prosecution for the offence and any appeal from the prosecution.

(5)Despite subsection (4), the inspector must return the seized thing to the person immediately after the inspector stops being satisfied its retention as evidence is necessary.

(6)However, the inspector may keep the seized thing as mentioned in subsection (4) if the inspector believes, on reasonable grounds, that its continued retention is necessary to prevent its use in committing an offence against this Act.

s 170 amd 2016 No. 3s 76sch 1

173Power to require name and address

(1)A shipping inspector may require a person to state the person’s name and address if the inspector—

(a)finds the person committing an offence against this Act; or

(b)finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.

(2)When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.

(3)The inspector may require the person to give evidence of the correctness of the person’s name or address if the inspector suspects, on reasonable grounds, that the name or address given is false.

(4)A person must comply with a shipping inspector’s requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(5)The person does not commit an offence against this section if—

(a)the shipping inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and

(b)the person is not proved to have committed the offence.

s 173 amd 2000 No. 5s 373sch 3

174Power to require information from certain persons

(1)This section applies if a shipping inspector suspects, on reasonable grounds—

(a)an offence against this Act has happened; and

(b)a person may be able to give information about the offence.

(2)The shipping inspector may require the person to give information about the offence.

(3)When making the requirement, the shipping inspector must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.

(4)The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(5)It is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person.

(6)The person does not commit an offence against this section if the information sought by the shipping inspector is not in fact relevant to the offence.

175Power to require production of documents

(1)A shipping inspector may require a person to produce a document required to be kept by the person under this Act or the national law to the inspector for inspection.

(2)The person must produce the document, unless the person has a reasonable excuse for not producing it., produce the document—

(a)if the shipping inspector has boarded a ship under section 165(1) and the document is required to be kept on the ship under this Act, an exemption given under section 18A or the national law—immediately after the shipping inspector makes the requirement; or

(b)otherwise—at a reasonable time and place nominated by the shipping inspector when making the requirement.

Maximum penalty—40 penalty units.

(3)The shipping inspector may keep the document to take an extract from it or make a copy of it.

(4)The shipping inspector must return the document to the person as soon as practicable after taking the extract or making the copy.

s 175 amd 2016 No. 3s 55

pt 13 div 4A hdg ins 2001 No. 79s 75

div hdg ins 2001 No. 79 s 75

175A Removing abandoned property

(1)This section applies if a shipping inspector reasonably believes that a ship, part of a ship or other property is abandoned property.

(2)The inspector may seize the abandoned property and remove it to a place the inspector decides is appropriate.

(3)Before seizing and removing the abandoned property, the inspector must—

(a)if practicable, attach to the abandoned property an intention to seize and remove notice in the approved form (seizure notice); and

(b)publish the seizure notice in a newspaper circulating in the locality where the abandoned property is.

(4)A seizure notice must include the following particulars—

(a)the date the notice is given;

(b)a description of the abandoned property;

(c)where and when the abandoned property was found;

(d)a time, not less than 28 days after the date of the notice, after which, if no one claims the abandoned property, the inspector may seize and remove it to the place stated in the notice;

(e)a statement to the effect of subsection (5).

(4A)If the shipping inspector is reasonably satisfied about either of the following, the shipping inspector may immediately seize and remove the abandoned property without complying with subsection (3)—

(a)the abandoned property is a hazard to ships or navigation or may cause damage to the environment;

(b)before a seizure notice may be published in a newspaper or a time required to be stated in a seizure notice, the abandoned property may become a hazard to ships or navigation or cause damage to the environment.

(4B)If the shipping inspector seizes and removes the abandoned property under subsection (4A), the shipping inspector must publish the following information in a notice in a newspaper circulating in the locality from where the abandoned property was seized—

(a)a description of the abandoned property;

(b)where and when the abandoned property was found;

(c)a statement that the abandoned property was immediately seized and removed;

(d)information about the place to where the abandoned property has been removed;

(e)a statement to the effect of subsection (5).

(5)Having regard to the abandoned property’s value and condition, the shipping inspector may sell it by public auction or destroy it if—

(a)no one claims the abandoned property within the time stated in a seizure notice and the shipping inspector seizes and removes the abandoned property; or

(b)no one claims the abandoned property within 28 days after a notice under subsection (4B) is published.

(6)The proceeds from a sale of the abandoned property must be applied as follows—

(a)firstly, in payment of the expenses of the sale;

(b)secondly, in payment of the costs of seizing, removing and storing the abandoned property and the seizure notice;

(c)thirdly, in payment of the balance to the owner of the abandoned property, or if the owner can not be found, to the consolidated fund.

(7)However, if the proceeds of the sale of the abandoned property are insufficient to cover the amounts mentioned in subsection (6)(a) and (b), the amount by which the proceeds are insufficient is a debt payable to the State—

(a)if the abandoned property is a ship or part of a ship and the owner or master of the ship is known—jointly and severally by the owner and master of the ship; or

(b)if the abandoned property is not a ship or part of a ship and the owner is known—by the owner of the abandoned property; or

(c)if the owner of the abandoned property is not known but a person was registered under an Act as its owner at the time of the abandonment, loss or stranding—the registered person.

(7A)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7)(a) or (b).

(8)In this section—

abandoned property means a ship, part of a ship, or other property, that is abandoned, lost or stranded in Queensland waters or on land adjacent to Queensland waters.

Examples of land adjacent to Queensland waters—

mudflats, banks of rivers, bays

property does not include land or an interest in land.

secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 12.

s 175A ins 2001 No. 79s 75

amd 2006 No. 21s 85; 2010 No. 44s 223

176False or misleading statements

A person must not state anything to a shipping inspector that the person knows is false or misleading in a material particular.

Maximum penalty—200 penalty units.

s 176 sub 2006 No. 21s 86

177False or misleading documents

(1)A person must not give a shipping inspector a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—200 penalty units.

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

(a)informs the shipping inspector, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information, gives the correct information.

s 177 sub 2006 No. 21s 86

178Compensation

(1)A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part.

(2)Payment of compensation may be claimed and ordered in a proceeding for—

(a)compensation brought in a court of competent jurisdiction; or

(b)an offence against this Act brought against the person making the claim for compensation.

(3)A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

179Shipping inspector to give notice of damage

(1)A shipping inspector who, in the exercise of a power under this part, damages anything must promptly give written notice of the particulars of the damage.

(2)The notice must be given—

(a)if the thing is a ship or is on a ship—to the ship’s master; or

(b)in any other case—to the person who appears to the inspector to be the owner of the thing.

(3)If, for any reason, it is not practicable to comply with subsection (2), the shipping inspector must—

(a)leave the notice at the place where the damage happened; and

(b)ensure the notice is left in a reasonably secured way in a conspicuous position.

180Consent to entry

(1)This section applies if a shipping inspector intends to seek the consent of an occupier of a place to the entry of the place by the inspector under this part.

(2)Before seeking the consent, the inspector may inform the occupier that the occupier may refuse to give the consent.

(3)If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must—

(a)state the occupier was informed of the occupier’s right to refuse to give the consent; and

(b)state the occupier gave the inspector consent under this part—

(i)to enter the place; and

(ii)to exercise the powers mentioned in section 167; and

(c)specify the time and date when the consent was given.

181Evidence of consent

(1)This section applies to a proceeding if—

(a)a question arises whether an occupier of a place consented to the entry of the place by a shipping inspector under this part; and

(b)an acknowledgement under section 180 is not produced in evidence.

(2)In a proceeding to which this section applies, the court may presume the occupier did not consent unless the contrary is proved.

182Obstruction of shipping inspectors

(1)A person must not obstruct a shipping inspector in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If a person has obstructed a shipping inspector, the inspector must—

(a)warn the person it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and

(b)identify the act or omission that the inspector considers is the obstruction; and

(c)tell the person that if the person continues to obstruct the shipping inspector, the shipping inspector may ask a police officer to help the shipping inspector exercise the power.

(3)Subsection (2) does not apply to a shipping inspector who is a police officer.

s 182 amd 2000 No. 5s 373sch 3

183Impersonation of shipping inspector

A person must not pretend to be a shipping inspector.

Maximum penalty—40 penalty units.

pt 13A hdg ins 2006 No. 21s 87

pt hdg ins 2006 No. 21 s 87

pt 13A div 1 (s 183A) ins 2006 No. 21s 87

183APurpose of pt 13A

(1)The purpose of this part is to provide for alternative ways of ensuring compliance with this Act.

(2)Division 2 provides for enforcement orders and interim enforcement orders if a person has failed to comply with any of the following—

(a)a direction or requirement given to the person by the general manager, a harbour master or a shipping inspector;

(b)a division 3 undertaking given by the person to the general manager.

(3)Division 3 provides for undertakings.

pt 13A div 1 (s 183A) ins 2006 No. 21s 87

pt 13A div 2 hdg ins 2006 No. 21s 87

div hdg ins 2006 No. 21 s 87

183BProceeding for enforcement order or interim enforcement order

A prescribed applicant may bring a proceeding in the District Court for any of the following—

(a)an enforcement order;

(b)an order cancelling or amending an enforcement order or interim enforcement order.

s 183B ins 2006 No. 21s 87

183CMaking enforcement order

(1)The District Court may make an enforcement order if the court is satisfied about any of the following—

(a)a notice offence has been committed or, unless an enforcement order is made, will be committed;

(b)a division 3 undertaking has been contravened or, unless an enforcement order is made, will be contravened.

(2)Subsection (1) applies whether or not there has been a prosecution for the notice offence.

s 183C ins 2006 No. 21s 87

183DMaking interim enforcement order

(1)If a prescribed applicant has brought a proceeding for an enforcement order but the District Court has not decided the proceeding, the court may make an interim enforcement order if it is satisfied it would be appropriate to make the interim enforcement order.

(2)The District Court may make the interim enforcement order on application by the prescribed applicant or on its own initiative.

(3)An interim enforcement order may be made subject to conditions.

s 183D ins 2006 No. 21s 87

183EEffect of order

(1)An enforcement order or an interim enforcement order may direct a person (the respondent) to do 1 or more of the following—

(a)to stop an activity that constitutes, or will constitute, a notice offence or a contravention of a division 3 undertaking;

(b)not to start an activity that will constitute a notice offence or a contravention of a division 3 undertaking;

(c)to do anything required to stop committing a notice offence, or a contravention of a division 3 undertaking, including, for example, requiring the repair, demolition or removal of a ship or a part of a ship.

(2)If an enforcement order or an interim enforcement order is made as mentioned in subsection (1), the District Court may do either or both of the following—

(a)direct the respondent to give a security bond to the State for a stated period for a matter mentioned in the enforcement order or interim enforcement order;

(b)make another order the court considers appropriate.

(3)An enforcement order or interim enforcement order—

(a)may be in terms the District Court considers appropriate to secure compliance with this Act; and

(b)must state the time by which the order is to be complied with.

(4)A person who contravenes an enforcement order or interim enforcement order commits an offence against this Act.

Maximum penalty—500 penalty units or 1 year’s imprisonment.

(5)The District Court may order the forfeiture to the State of all or part of the security bond given by the respondent under subsection (2)(a) if—

(a)a prescribed applicant applies to the court for an order for the forfeiture of all or part of the security bond; and

(b)the court is satisfied that the respondent contravened the enforcement order or interim enforcement order during the period for which the security bond was given, whether or not the respondent has been prosecuted for an offence against subsection (4).

s 183E ins 2006 No. 21s 87

183FPowers of District Court about enforcement order or interim enforcement order

(1)The District Court’s power to make an enforcement order or interim enforcement order to stop, or not to start, an activity may be exercised whether or not—

(a)it appears to the court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; or

(b)the person has previously engaged in an activity of the kind; or

(c)it appears to the court a marine incident may happen if the person engages, or continues to engage, in the activity.

(2)The District Court’s power to make an enforcement order or interim enforcement order to do anything may be exercised whether or not—

(a)it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or

(b)the person has previously failed to do a thing of the kind; or

(c)it appears to the court a marine incident may happen if the person fails, or continues to fail, to do the thing.

(3)The District Court may cancel or amend an enforcement order or interim enforcement order.

(4)The District Court’s power under this section is in addition to its other powers.

s 183F ins 2006 No. 21s 87