Maritime and Other Legislation Amendment Act 2006 (Qld)

Queensland Maritime and Other Legislation Amendment Act 2006 Act No. 21 of 2006

Queensland Maritime and Other Legislation Amendment Act 2006 Contents Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 10 11 12 13 14 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Maritime Safety Queensland Act 2002 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 4 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 15 Amendment of s 11 (Functions and powers of general manager) 15 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11A Delegation of functions of general manager. . . . . . . . 15 Amendment of TransportOperations(MarinePollution)Act1995 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 5 (Words and expressions used in MARPOL and this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 61 (Discharge of pollutant into coastal waters prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 62 (Defences to discharge offence) . . . . . . . . . 17 Amendment of s 63 (Restrictions on transfer operations at night) 18 Amendment of s 67A (Ship’s owner to have insurance) . . . . . . . . 18 Replacement of s 69 (Authorised officers subject to directions from general manager). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 69 Authorised officer subject to directions of general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 70 (Powers of authorised officers). . . . . . . . . . . 19 Amendment of s 71 (Limitation on powers of authorised officer) . 19 Amendment of s 72 (Appointment of authorised officers) . . . . . . 19

2 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 18 Amendment of s 73 (Authorised officer’s appointment conditions) 20 19 Amendment of s 74 (Authorised officer’s identity card) . . . . . . . . 20 20 Amendment of s 76 (Protection from liability). . . . . . . . . . . . . . . . 20 21 Amendment of s 82 (Power to seize evidence from places). . . . . 20 22 Amendment of s 83 (Power to seize after boarding ship). . . . . . . 21 23 Amendment of s 92 (Purpose of division) . . . . . . . . . . . . . . . . . . 21 24 Amendment of s 93 (State has prime responsibility for directing emergency response). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Amendment of s 94 (Emergency declaration may overrule local law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 26 Replacement of ss 105 and 106. . . . . . . . . . . . . . . . . . . . . . . . . . 22 105 False or misleading statements . . . . . . . . . . . . . . . . . 22 106 False or misleading documents . . . . . . . . . . . . . . . . . 22 27 Amendment of s 110 (Compensation) . . . . . . . . . . . . . . . . . . . . . 22 28 Amendment of s 111 (Definitions for part) . . . . . . . . . . . . . . . . . . 23 29 Insertion of new s 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 112 General manager to set amounts for costs and expenses relating to definition discharge expenses . . 23 30 Amendment of s 115 (Recovery of discharge expenses). . . . . . . 24 31 Amendment of s 116 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 24 32 Insertion of new pt 13A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Part 13A Securing compliance with Act Division 1 Purpose 117A Purpose of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 2 Enforcement orders and interim enforcement orders 117B Proceeding for enforcement order or interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 117C Making enforcement order . . . . . . . . . . . . . . . . . . . . . 25 117D Making interim enforcement order . . . . . . . . . . . . . . . 26 117E Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 117F Powers of District Court about enforcement order or interim enforcement order . . . . . . . . . . . . . . . . . . . . . 27 117G No undertaking as to damages or costs may be required ............................... 28 Division 3 Undertakings 117H General manager may seek division 3 undertaking . . 28 117I Undertaking about other matter . . . . . . . . . . . . . . . . . 29 117J Variation and withdrawal of division 3 undertaking. . . 29

3 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 117K Enforcement of division 3 undertaking . . . . . . . . . . . . 30 117L Register of division 3 undertakings . . . . . . . . . . . . . . 30 33 Amendment of s 118 (Evidentiary provisions) . . . . . . . . . . . . . . . 30 34 Amendment of s 122 (How discharge expenses may be recovered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 35 Replacement of s 127 (Court may make orders about compensation and other matters). . . . . . . . . . . . . . . . . . . . . . . . . 31 126A Allegations of false or misleading statements or documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 127 Court may make orders about rehabilitation, etc.. . . . 32 36 Insertion of new pt 14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 14A Protection for whistleblowers 128A Definitions for pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . 33 128B Application of pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . 34 128C General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 128D Liability for conduct unaffected . . . . . . . . . . . . . . . . . . 35 128E Reprisal and grounds for reprisal . . . . . . . . . . . . . . . . 35 128F Damages entitlement or other remedy for reprisal . . . 36 128G False or misleading statements . . . . . . . . . . . . . . . . . 36 128H False or misleading documents . . . . . . . . . . . . . . . . . 36 37 Omission of pt 15, div 1 (Devolutions) . . . . . . . . . . . . . . . . . . . . . 36 38 Omission of pt 15, div 2, hdg (Delegations) . . . . . . . . . . . . . . . . . 37 39 Amendment of s 130 (Delegation by chief executive) . . . . . . . . . 37 40 Omission of ss 131 and 132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 41 Amendment of s 133 (Regulation-making power) . . . . . . . . . . . . 37 42 Replacement of pt 17, hdg (Transitional provisions for MaritimeSafety Queensland Act 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 43 Amendment of s 136 (Definitions for pt 20) . . . . . . . . . . . . . . . . . 38 44 Insertion of new pt 17, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 2 Provisions for Maritime and Other Legislation Amendment Act 2006 143 Application of s 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 144 Application of s 67A for 1 year after commencement. 38 145 Authorised officers appointed by chief executive officer of port authority . . . . . . . . . . . . . . . . . . . . . . . . 39 146 Protection from liability for port authorised officers and others and continuing liability for port authorities 40 147 Making orders under s 127 and pt 13A, div 2. . . . . . . 40

45 Part 4 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 4 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 148 Delegation under s 132 as in force before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Previous exercise of powers by port authority officer not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Emergency response powers under pt 12, div 6 . . . . 151 Continuing liability of port authority for compensation 152 If port authority has started to recover discharge expenses before commencement . . . . . . . . . . . . . . . 153 Application of s 118 to particular matters . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Marine Safety) Act1994 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Meaning of certificate of compliance) . . . . . . Amendment of s 10 (Meaning of ship) . . . . . . . . . . . . . . . . . . . . . Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10A Meaning of commercial ship, fishing ship and recreational ship, and related provision . . . . . . . . . . . Amendment of s 11 (General application of Act to ships) . . . . . . Amendment of s 19 (Development of marine safety strategies). . Amendment of s 34 (What mechanisms ensure safety). . . . . . . . Amendment of s 40 (General safety obligation of ship designers and builders and marine surveyors about condition of ships) . . . Amendment of s 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 47 (Notice of proposal to prepare draft standard) ..................................... Amendment of s 56 (Regulation may require registration of ship) Amendment of s 57 (Contravention of registration obligations) . . Amendment of s 60 (Regulation may require licences) . . . . . . . . Amendment of s 62 (Grant, amendment and renewal of licences) ...................................... Amendment of s 63 (Cancellation, suspension and amendment of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 64 (Object of division) . . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Regulation may provide for accreditation). . Amendment of s 79 (Delegation by harbour master) . . . . . . . . . . 40 40 41 42 42 43 43 45 45 45 45 45 46 46 46 47 47 47 48 48 48 48 49 49 49 50 50 50

5 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 65 Amendment of s 80 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . 50 66 Amendment of s 86 (General limitation on harbour master’s power to give directions under subdivision) . . . . . . . . . . . . . . . . . 50 67 Insertion of new s 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 86A Direction may be general or particular . . . . . . . . . . . . 51 68 Amendment of s 87 (Power of Minister to require directions). . . . 52 69 Insertion of new s 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 87B Direction to master about operation of ship in relation to a marine incident area . . . . . . . . . . . . . . . . 53 70 Amendment of s 88 (Direction to master about operation of ship) 53 71 Amendment of s 89 (Direction to person in charge of a place) . . 54 72 Amendment of s 90 (Direction to person carrying out works) . . . 54 73 Amendment of s 91 (Direction to person about obstruction) . . . . 54 74 Amendment of s 92 (Direction to person to put out certain lights etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 75 Replacement of s 93 (Harbour master may carry out direction). . 55 93 Harbour master may carry out direction . . . . . . . . . . . 55 76 Amendment of s 94 (Recovery by State of expenses of carrying out direction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 77 Amendment of s 125 (Marine incidents must be reported) . . . . . 57 78 Amendment of s 127 (Regular reports of marine incidents to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 79 Amendment of s 139 (Protection of members, legal representatives and witnesses) . . . . . . . . . . . . . . . . . . . . . . . . . . 57 80 Amendment of s 142 (Board’s powers on inquiry) . . . . . . . . . . . . 58 81 Replacement of ss 148 and 149. . . . . . . . . . . . . . . . . . . . . . . . . . 58 148 False or misleading statements . . . . . . . . . . . . . . . . . 58 149 False or misleading documents . . . . . . . . . . . . . . . . . 59 82 Replacement of s 171 (Shipping inspector may direct that ship stays at, or goes to, safe anchorage) . . . . . . . . . . . . . . . . . . . . . . 59 171 Direction if shipping inspector reasonably believes ship is not safe or can not be operated safely . . . . . . 59 83 Amendment of s 172 (Shipping inspector may direct ship is surveyed and order repairs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 84 Insertion of new s 172AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 172AA Shipping inspector may declare that ship is unseaworthy and must not be operated . . . . . . . . . . . 61 85 Amendment of s 175A (Removing abandoned property) . . . . . . . 61 86 Replacement of ss 176 and 177. . . . . . . . . . . . . . . . . . . . . . . . . . 63 176 False or misleading statements . . . . . . . . . . . . . . . . . 64

6 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 177 False or misleading documents . . . . . . . . . . . . . . . . . 64 87 Insertion of new pt 13A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 13A Securing compliance with Act Division 1 Purpose 183A Purpose of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 2 Enforcement orders and interim enforcement orders 183B Proceeding for enforcement order or interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 183C Making enforcement order . . . . . . . . . . . . . . . . . . . . . 65 183D Making interim enforcement order . . . . . . . . . . . . . . . 65 183E Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 183F Powers of District Court about enforcement order or interim enforcement order . . . . . . . . . . . . . . . . . . . . . 67 183G No undertaking as to damages or costs may be required ............................... 68 Division 3 Undertakings 183H General manager may seek division 3 undertaking . . 68 183I Undertaking about other matter . . . . . . . . . . . . . . . . . 68 183J Variation and withdrawal of division 3 undertaking. . . 69 183K Enforcement of division 3 undertaking . . . . . . . . . . . . 69 183L Register of division 3 undertakings . . . . . . . . . . . . . . 70 88 Insertion of new pt 15, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 70 89 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 200A Allegations of false or misleading statements or documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 90 Amendment of s 201 (Evidentiary provisions) . . . . . . . . . . . . . . . 70 91 Insertion of new pt 15, divs 2–4 . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Licence disqualifications, cancellations and suspensions 202A Disqualifying person from holding licence and cancelling or suspending current licence . . . . . . . . . . 71 202B Dealing with order under s 202A . . . . . . . . . . . . . . . . 73 202C Licence cancelled when order made under s 202A . . 73 Division 3 Restricted licences 202D Restricted licence for disqualified person . . . . . . . . . . 73 202E Other limitations on ordering a restricted licence . . . . 75 202F Consideration of order for restricted licence when making order disqualifying a person. . . . . . . . . . . . . . 77

7 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 202G Application for, and grant of, restricted licence. . . . . . 77 202H Duration of restricted licence . . . . . . . . . . . . . . . . . . . 78 202I Regulation-making power in relation to restricted licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 202J Offence of operating ship other than under a restricted licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 202K Variation of restrictions . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 4 Removal of disqualification 202L Application for removal of disqualification under div 2 80 202M Court hearing an application . . . . . . . . . . . . . . . . . . . 81 92 Replacement of pt 16 (Appeals). . . . . . . . . . . . . . . . . . . . . . . . . . 82 Part 15A Protection for whistleblowers 202N Definitions for pt 15A . . . . . . . . . . . . . . . . . . . . . . . . . 82 202O Application of pt 15A . . . . . . . . . . . . . . . . . . . . . . . . . 83 202P General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 202Q Liability for conduct unaffected . . . . . . . . . . . . . . . . . . 83 202R Reprisal and grounds for reprisal . . . . . . . . . . . . . . . . 84 202S Damages entitlement or other remedy for reprisal . . . 84 202T False or misleading statements . . . . . . . . . . . . . . . . . 85 202U False or misleading documents . . . . . . . . . . . . . . . . . 85 Part 16 Review of and appeals against particular decisions 203 Definitions for pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . 85 203A Main purposes of pt 16. . . . . . . . . . . . . . . . . . . . . . . . 86 203B Review of original decision . . . . . . . . . . . . . . . . . . . . . 86 203C Appeal against reviewed decision . . . . . . . . . . . . . . . 87 203D Decisions that can not be appealed against etc. . . . . 88 203E Appropriate appeal court . . . . . . . . . . . . . . . . . . . . . . 88 204 Appeals in relation to disqualification under s 202A. . 89 93 Amendment of s 205 (False or misleading documents) . . . . . . . . 89 94 Amendment of s 205A (Inquiries about person’s suitability to conduct examinations or conduct training programs) . . . . . . . . . . 90 95 Insertion of new s 205B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 205B Electronic search to verify person is holder of licence 90 96 Amendment of s 206 (Signals of distress) . . . . . . . . . . . . . . . . . . 91 97 Replacement of s 215 (Pilotage fees and conservancy dues) . . . 91 215 Pilotage fees, conservancy dues and related matters 91

8 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 98 99 100 101 102 103 104 105 Part 5 Division 1 106 107 108 109 Amendment of 217 (Regulations about aquatic events and activities) ....................................... Amendment of s 218 (Other matters for regulations) . . . . . . . . . . Insertion of new s 219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 General manager’s power to fix other matters by gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 19, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 224 (Existing approvals, consents, licences, permits etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 20, hdg (Transitional provisions for MaritimeSafetyQueenslandAct2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 225 (Definitions for pt 20) . . . . . . . . . . . . . . . . . Insertion of new pt 19, div 3 and schedule . . . . . . . . . . . . . . . . . . Division 3 Provisions for Maritime and Other Legislation Amendment Act 2006 236 References in other legislation to words defined in s 4 ................................ 237 Provisions relating to the power of harbour masters before the commencement to give directions. . . . . . . 238 Reasonable excuse for not reporting marine incident 239 Direction or notice given by shipping inspector before the commencement. . . . . . . . . . . . . . . . . . . . . 240 Property seized under s 175A before the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Enforcement order or interim enforcement order only if offence committed after the commencement. . . . . . 242 Disqualification under s 202A only if offence committed after the commencement . . . . . . . . . . . . . 243 Decisions made before the commencement . . . . . . . 244 Existing licences to drive speedboats and other recreational ship master’s licences. . . . . . . . . . . . . . . Schedule Dictionary Amendment of other legislation Amendment of Transport Infrastructure Act 1994 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 84B (State toll road corridor land on rail corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 85 (Power to enter into road franchise agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85A Franchised road on rail corridor land . . . . . . . . . . . . . 92 92 93 93 94 94 94 94 95 95 95 96 96 97 97 97 97 98 105 105 105 105 106

9 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 110 Amendment of s 90 (Application of other provisions of this chapter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 111 Amendment of s 92 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . 108 112 Amendment of s 94 (Liability for toll and user administration charge and satisfying the liability) . . . . . . . . . . . . . . . . . . . . . . . . 108 113 Amendment of s 96 (Application of div 3). . . . . . . . . . . . . . . . . . . 108 114 Amendment of s 97 (Definition for div 3) . . . . . . . . . . . . . . . . . . . 108 115 Amendment of s 98 (Liability for administration charge in addition to unpaid toll and user administration charge) . . . . . . . . 108 116 Amendment of s 105B (Definitions for pt 8) . . . . . . . . . . . . . . . . . 109 117 Omission of s 105D (Local government to keep Minister informed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 118 Amendment of s 105E (Minister may amend approval) . . . . . . . . 110 119 Amendment of s 105F (When approval has effect) . . . . . . . . . . . 110 120 Replacement of s 105G (State not liable for loss relating to approved tollway project) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Division 2A Local government tollway Subdivision 1 Declaration 105G Request for declaration . . . . . . . . . . . . . . . . . . . . . . . 110 105GA Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 105GB Amendment etc. of declaration or conditions at request of local government . . . . . . . . . . . . . . . . . . . . 112 Subdivision 2 Compliance with conditions of declaration 105GC Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 105GD Failure to comply with compliance notice if no local government tollway franchise agreement . . . . . . . . . . 115 105GE Effect of revocation notice or suspension notice . . . . 116 105GF Failure to comply with compliance notice for schedule 5 condition. . . . . . . . . . . . . . . . . . . . . . . . . . 117 105GG Failure to comply with compliance notice for schedule 5A condition . . . . . . . . . . . . . . . . . . . . . . . . 119 Subdivision 3 Appeal 105GH Decision by Minister in relation to notice . . . . . . . . . . 120 105GI Appeal against decision . . . . . . . . . . . . . . . . . . . . . . . 121 121 Amendment of s 105H (Declaration of land as local government tollway corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 122 Amendment of s 105Y (Power to enter into tollway franchise agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 123 Replacement of s 105ZA (Annual report on operation of part) . . 123 105ZA Annual report on operation of part . . . . . . . . . . . . . . . 123

10 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 124 125 126 127 128 129 130 131 132 133 134 Division 2 135 136 137 138 139 Replacement of ch 6, pt 8, div 6, hdg (Local government tollways) ...................................... Replacement of ch 6, pt 8, div 6, sdiv 1 (Declaration of local government tollways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1 Notice of tolling matters 105ZB Local government to give notice of tolling matters . . . Amendment of s 105ZF (Definition for sdiv 3) . . . . . . . . . . . . . . . Amendment of s 105ZG (Liability for administration charge in addition to unpaid toll and user administration charge) . . . . . . . . Insertion of new ch 6, pt 8, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Miscellaneous 105ZOA Local government to keep Minister informed . . . . . . . 105ZOB State not liable for loss relating to local government tollway etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 249 (Railways on particular roads) . . . . . . . . . . Amendment of s 275 (Functions of port authorities) . . . . . . . . . . Amendment of s 285 (Land use plans) . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Matters for notice for toll road or local government tollway) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 5A Other matters for conditions for local government tollways Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of TransportOperations(PassengerTransport)Act1994 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83A Requirement for limousine service licence for stretched passenger car. . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Chief executive may declare particular motor vehicles ............................. Insertion of new ch 13, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Provision for Maritime and Other Legislation Amendment Act 2006 179 Amendment of regulation by Maritime and Other Legislation Amendment Act 2006 does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 123 123 124 124 124 125 125 126 126 127 128 128 128 129 129 129 130 130 130 130 130 131

11 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Division 3 140 141 142 143 143A 144 144A 145 146 Division 4 147 148 149 Division 5 150 Schedule 1 Amendment of Transport Operations (Road UseManagement) Act 1995 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 79AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79AA Provisions applying to supervisor of a learner . . . . . . Insertion of new ss 79B–79D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79B Immediate suspension or disqualification. . . . . . . . . . 79C When person is charged for s 79B . . . . . . . . . . . . . . . 79D Notice to be given of suspension or disqualification. . Amendment of s 80 (Provisions with respect to breath tests and laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 90A–90D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90A Definitions for ss 90B–90D . . . . . . . . . . . . . . . . . . . . . 90B Cumulative periods of disqualification for offences committed at different times . . . . . . . . . . . . . . . . . . . . 90C Cumulative periods of disqualification for acts done and offences committed at same time . . . . . . . . . . . . 90D Other matters about cumulative periods of disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 150AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150AB Regulation about particular suspensions . . . . . . . . . . Insertion of new ch 7, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 8 Transitional provisions for Maritime and Other Legislation Amendment Act 2006 204 Transitional provision for ss 79B–79D . . . . . . . . . . . . 205 Transitional provision for ss 90A–90D . . . . . . . . . . . . Amendment of Transport Planning and Coordination Act1994 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 28D (Powers regarding property) . . . . . . . . . . . Insertion of new s 28DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28DA Approved tollway project becomes local government tollway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other minor amendments of legislation Other minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other minor amendments of legislation . . . . . . . . . . . . . . . . . 133 133 133 133 134 135 136 137 137 138 138 138 139 140 141 142 142 143 143 143 144 144 145 145 145 146

12 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 2 Off-shore Facilities Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . Transport Operations (Passenger Transport) Regulation 2005 . . Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . Amendment of waterway transport management plans under the Transport Infrastructure Act 1994 . . . . . . . . . . . . . Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Infrastructure (Yeppoon Waterways) Management Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 146 147 148 149 149 150 151

Queensland Maritime and Other Legislation Amendment Act 2006 Act No. 21 of 2006 An Act to amend the Maritime Safety Queensland Act 2002, the Transport Operations (Marine Pollution) Act 1995 and the Transport Operations (Marine Safety) Act 1994, and for other purposes [Assented to 17 May 2006]

s 1 14 s 3 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Maritime and Other Legislation Amendment Act 2006 . 2 Commencement The following provisions commence on a date to be fixed by proclamation— • section 13 • section 44, to the extent it inserts section 144 in the Transport Operations (Marine Pollution) Act 1995 • section 91 • section 92, to the extent it inserts section 204 in the Transport Operations (Marine Safety) Act 1994 • section 95 • section 105, to the extent it inserts section 242 in the Transport Operations (Marine Safety) Act 1994 • part 5, division 3. Part 2 Amendment of Maritime Safety Queensland Act 2002 3 Act amended in pt 2 This part amends the Maritime Safety Queensland Act 2002.

s 4 15 s 7 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 4 Amendment of s 4 (Purpose of Act) Section 4, ‘and ship-sourced pollution’— omit, insert— ‘, ship-sourced pollution and related matters’. 5 Amendment of s 8 (Functions and powers of MSQ) (1) Section 8(1)(a)(iv)— omit, insert — ‘(iv) to approve an entity to conduct training programs for the operation of ships or to conduct examinations for issuing licences under that Act; and’. (2) Section 8(1)(a)— insert — ‘(x) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;’. 6 Amendment of s 11 (Functions and powers of general manager) Section 11(5)— omit . 7 Insertion of new s 11A Part 2, division 2— insert — ‘11A Delegation of functions of general manager ‘(1) The general manager may delegate to an appropriate person (the delegate ) a function of the general manager under this or another Act. ‘(2) The delegation may permit the delegate to subdelegate the delegated function to an appropriate person. ‘(3) This section applies despite a provision to the contrary in an Act.

s 8 16 s 10 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(4) In this section— appropriate person means any of the following— (a) an employee of MSQ; (b) an authorised officer under the TransportOperations(Marine Pollution) Act 1995 ; (c) a shipping inspector under the TransportOperations(Marine Safety) Act 1994 . function includes a power.’. Part 3 Amendment of Transport Operations (Marine Pollution) Act 1995 8 Act amended in pt 3 This part amends the TransportOperations(MarinePollution) Act 1995. 9 Amendment of s 5 (Words and expressions used in MARPOL and this Act) Section 5(2)(b), after ‘41,’— insert— ‘46,’. 10 Amendment of s 61 (Discharge of pollutant into coastal waters prohibited) Section 61(1), ‘water’— omit, insert— ‘waters’.

s 11 17 s 11 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 11 Amendment of s 62 (Defences to discharge offence) (1) Section 62(b)— omit, insert — ‘(b) the discharge happened because of a fault in transfer apparatus not operated at the master’s direction and— (i) if the person charged with committing the offence is the ship’s owner or master— (A) before the transfer operation, the owner or master did not know, or could not reasonably have known, about the existence of the fault and the master took all reasonable steps to find out whether the transfer apparatus was in good working order; and (B) after the discharge happened or was discovered, the master took all reasonable precautions to prevent or minimise the discharge; or (ii) if the person charged with committing the offence is another member of the ship’s crew whose act caused the discharge—the person did not know, or could not reasonably have known, about the existence of the fault;’. (2) Section 62— insert — ‘(2) For subsection (1)(b)(i)(A), the master must prove that the master took all reasonable steps to find out from all members of the ship’s crew any information concerning any fault in the transfer apparatus known to them. ‘(3) In this section— fault , in transfer apparatus, does not include any existing defect in the transfer apparatus resulting from an event, lack of maintenance or anything else that happened while the transfer apparatus was under the direction of the master of the ship.’.

s 12 18 s 13 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 12 Amendment of s 63 (Restrictions on transfer operations at night) (1) Section 63, heading, after ‘operations’— insert — ‘ for particular ships ’. (2) Section 63(2) to (4)— renumber as section 63(3) to (5). (3) Section 63(1)— omit, insert — ‘(1) This section applies if a ship is more than 15m in length overall. ‘(2) A transfer operation for the ship must not be conducted between sunset and sunrise (a night transfer operation ), unless an authorised officer— (a) has been given notice of the operation; and (b) has given written approval for it.’. 13 Amendment of s 67A (Ship’s owner to have insurance) (1) Section 67A(1)— omit, insert — ‘(1) This section applies if a ship is more than 15m in length overall.’. (2) Section 67A— insert — ‘(3) The Minister may recommend the making of a regulation under subsection (4) only if— (a) the Minister has had regard to the risk of the ship discharging pollutants into, or being abandoned or wrecked in, coastal waters; and (b) the Minister is reasonably satisfied that, for the particular type of ship, an insurance policy mentioned in subsection (2) could not reasonably be obtained or kept in force.

s 14 19 s 17 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(4) A regulation may exempt a ship from the application of this section. ‘(5) A regulation under subsection (4) may provide that, for the exemption to apply, an owner of the ship must comply with conditions stated in the regulation. Example of conditions that a regulation may provide — A regulation may provide that an owner develop and implement a risk management plan including matters mentioned in the regulation or that an owner must not operate the ship with more than a stated type or quantity of pollutant on board the ship.’. 14 Replacement of s 69 (Authorised officers subject to directions from general manager) Section 69— omit, insert— ‘69 Authorised officer subject to directions of general manager ‘An authorised officer is subject to the directions of the general manager in exercising the powers of an authorised officer.’. 15 Amendment of s 70 (Powers of authorised officers) Section 70(2) and (3)— omit . 16 Amendment of s 71 (Limitation on powers of authorised officer) Section 71(1)(c)— omit, insert— ‘(c) by notice of the general manager given to the authorised officer.’. 17 Amendment of s 72 (Appointment of authorised officers) Section 72(2) and (3)—

s 18 20 s 21 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 omit, insert— ‘(2) A person may be appointed as an authorised officer only if the general manager considers, on reasonable grounds, that the person has the necessary expertise or experience to be an authorised officer.’. 18 Amendment of s 73 (Authorised officer’s appointment conditions) Section 73(2)(b), ‘administering executive’— omit, insert— ‘general manager’. 19 Amendment of s 74 (Authorised officer’s identity card) (1) Section 74(1) and (5), ‘administering executive’— omit, insert— ‘general manager’. (2) Section 74(3) and (4)— omit . (3) Section 74(5) and (6)— renumber as section 74(3) and (4). 20 Amendment of s 76 (Protection from liability) Section 76(2), from ‘instead to’— omit, insert— ‘instead to the State.’. 21 Amendment of s 82 (Power to seize evidence from places) Section 82(5), ‘administering executive’— omit, insert— ‘general manager’.

s 22 21 s 24 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 22 Amendment of s 83 (Power to seize after boarding ship) Section 83(3), ‘administering executive’— omit, insert— ‘general manager’. 23 Amendment of s 92 (Purpose of division) Section 92, from ‘a port authority’ to ‘State (generally)’— omit, insert— ‘the State’. 24 Amendment of s 93 (State has prime responsibility for directing emergency response) (1) Section 93(1), ‘(the discharge )’— omit, insert— ‘(a relevant discharge )’. (2) Section 93(2) and (5), ‘the discharge’— omit, insert— ‘a relevant discharge’. (3) Section 93(3) and (4)— omit, insert— ‘(3) The State may enter into an agreement with a port authority about the port authority responding to a relevant discharge within the port limits of the port. ‘(4) To the extent stated in either of the following agreements between the State and a port authority, the port authority has responsibility within the port limits of the port for directing and coordinating the State’s response if there is a relevant discharge within the port limits— (a) an agreement under subsection (3); (b) an agreement of the type mentioned in subsection (3) entered into before the commencement of this subsection.’.

s 25 22 s 27 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 25 Amendment of s 94 (Emergency declaration may overrule local law) Section 94(1), ‘the State or port authority’s response’— omit, insert— ‘the State’s response’. 26 Replacement of ss 105 and 106 Sections 105 and 106— omit, insert— ‘105 False or misleading statements ‘A person must not state anything to an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—350 penalty units. ‘106 False or misleading documents ‘(1) A person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—350 penalty units. ‘(2) Subsection (1) does not apply to a person if the person, when giving the document— (a) informs the authorised officer, 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.’. 27 Amendment of s 110 (Compensation) (1) Section 110(1), after ‘compensation’— insert — ‘from the State’.

s 28 23 s 29 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (2) Section 110(2)— omit . (3) Section 110(3), ‘compensation may’— omit, insert— ‘compensation from the State may’. (4) Section 110(5), ‘The regulations’— omit, insert— ‘A regulation’. (5) Section 110(3) to (5)— renumber as section 110(2) to (4). 28 Amendment of s 111 (Definitions for part) (1) Section 111, definition discharge expenses , paragraph (a), subparagraphs (iia) to (v)— renumber as section 111, definition discharge expenses , paragraph (a), subparagraphs (iii) to (vi). (2) Section 111, definition discharge expenses , paragraph (b), ‘or port authority’— omit . 29 Insertion of new s 112 After section 111— insert — ‘112 General manager to set amounts for costs and expenses relating to definition discharge expenses ‘(1) The general manager may, by gazette notice, set an amount for the services of a person, or the use or provision of ships or equipment, for a section 111 activity. ‘(2) Despite subsection (1), if the State contracts for the services of a person, or contracts or hires the use or provision of ships or equipment, for a section 111 activity, the actual cost for the contract or hiring is the amount to be used for the definition discharge expenses .

s 30 24 s 32 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(3) A claim by the State for discharge expenses based on the amounts as gazetted or incurred for a matter as mentioned in this section is, in the absence of contrary evidence, taken to be the State’s reasonable costs and expenses in relation to the matter for the purposes of the definition discharge expenses. ‘(4) The State’s discharge expenses may include other matters not mentioned in a gazette notice under subsection (1). ‘(5) In this section— section 111 activity means an activity mentioned in the definition discharge expenses , paragraph (a).’. 30 Amendment of s 115 (Recovery of discharge expenses) (1) Section 115(3), (4), (5)(c), (6), (8) and (9), ‘administering authority’— omit, insert— ‘general manager’. (2) Section 115(9)(a), ‘administering authority’s’— omit, insert— ‘general manager’s’. 31 Amendment of s 116 (Appeals) (1) Section 116(2)(a), ‘administering authority’— omit, insert— ‘general manager’. (2) Section 116(2)(a), ‘a District Court’— omit, insert— ‘the District Court’. 32 Insertion of new pt 13A After section 117— insert —

s 32 25 s 32 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘Part 13A Securing compliance with Act ‘Division 1 Purpose ‘117A Purpose 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, requirement or order given to the person by the general manager or an authorised officer; (b) a division 3 undertaking given by the person to the general manager. ‘(3) Division 3 provides for undertakings. ‘Division 2 Enforcement orders and interim enforcement orders ‘117B Proceeding 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. ‘117C Making 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;

s 32 26 s 32 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (b) an intervention direction has been contravened or, unless an enforcement order is made, will be contravened; (c) 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. ‘117D Making 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. ‘117E Effect 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 an intervention direction or division 3 undertaking; (b) not to start an activity that will constitute a notice offence or a contravention of an intervention direction or division 3 undertaking; (c) to do anything required to stop committing a notice offence, or a contravention of an intervention direction or division 3 undertaking, including, for example, requiring the repair, demolition or removal of a ship or a part of a ship.

s 32 27 s 32 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(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—1000 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). ‘117F Powers 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

s 32 28 s 32 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (b) the person has previously engaged in an activity of the kind; or (c) there is danger of substantial damage to the Queensland marine and coastal environment 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) there is danger of substantial damage to the Queensland marine and coastal environment 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. ‘117G No undertaking as to damages or costs may be required ‘To remove any doubt, it is declared that no undertaking as to damages or costs may be required of a prescribed applicant or the State in relation to an enforcement order or interim enforcement order. ‘Division 3 Undertakings ‘117H General manager may seek division 3 undertaking ‘(1) This section applies if the general manager believes, on reasonable grounds, that a person has contravened, will contravene or will be involved in a contravention of, this Act.

s 32 29 s 32 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(2) The general manager may, by written notice given to the person— (a) state the act or omission the general manager believes is, or will constitute, the contravention or involvement with the contravention; and (b) ask the person to give the general manager a written undertaking under this division (a division 3 undertaking ) that the person will not commit, continue to commit or repeat the act or omission. ‘117I Undertaking about other matter ‘Without limiting section 117H, the general manager may accept a division 3 undertaking given by a person for this division about anything for which the chief executive, general manager or marine pollution controller has a function or power under this Act. ‘117J Variation and withdrawal of division 3 undertaking ‘(1) This section applies if the general manager has accepted a division 3 undertaking given by a person. ‘(2) The person may vary or withdraw the division 3 undertaking only if the general manager agrees to the variation or withdrawal. ‘(3) The general manager may— (a) vary the division 3 undertaking only if the person agrees to the variation; or (b) withdraw the division 3 undertaking only if the general manager reasonably believes either of the following— (i) before the division 3 undertaking was accepted, the person contravened this Act in a way unknown to the general manager and, had the general manager known about the contravention, he or she would not have accepted the division 3 undertaking; (ii) the division 3 undertaking is no longer necessary.

s 33 30 s 33 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(4) If a division 3 undertaking is varied or withdrawn under this section, the general manager must give written notice of the variation or withdrawal to the person. ‘(5) The variation or withdrawal takes effect when written notice of the variation or withdrawal is given to the person. ‘117K Enforcement of division 3 undertaking ‘(1) This section applies if the general manager believes, on reasonable grounds, a person— (a) has contravened a term of a division 3 undertaking; or (b) will contravene a term of a division 3 undertaking, unless an enforcement order is made. ‘(2) The general manager may apply to the District Court for an enforcement order under division 2. ‘117L Register of division 3 undertakings ‘(1) The general manager must, in any way the general manager considers appropriate, keep a register of each division 3 undertaking given to the general manager by a person under this division. ‘(2) Also, the general manager must ensure the register is available for public inspection, without charge, at a place prescribed under a regulation during normal working hours.’. 33 Amendment of s 118 (Evidentiary provisions) (1) Section 118(2), (3) and (5), ‘administering executive’— omit, insert— ‘general manager’. (2) Section 118(4), ‘administering authority or administering executive’— omit, insert— ‘general manager’.

s 34 31 s 35 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (3) Section 118(9), from ‘administering authority applies’ to ‘by it’— omit, insert— ‘general manager applies to recover the costs and expenses incurred by the State or a port authority’. (4) Section 118(9)(a), from ‘administering authority’ to ‘incurred’— omit, insert— ‘general manager stating that stated costs and expenses were incurred by the State or a port authority’. 34 Amendment of s 122 (How discharge expenses may be recovered) (1) Section 122(5)— renumber as section 122(6). (2) Section 122— insert— ‘(5) This section does not limit the general manager’s power to recover discharge expenses by making a demand against a security as mentioned in section 115(3). 1 ’. 35 Replacement of s 127 (Court may make orders about compensation and other matters) Section 127— omit, insert— ‘126A Allegations of false or misleading statements or documents ‘It is enough for a complaint for an offence against section 105, 106, 128G or 128H to state that a statement made, or document given, was ‘false or misleading’ to the person’s knowledge, without specifying whether it was false or whether it was misleading. 1 Section 115 (Recovery of discharge expenses)

s 35 32 s 35 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘127 Court may make orders about rehabilitation, etc. ‘(1) If a person is convicted of an offence against this Act, the court dealing with the matter may make an order under this section in addition to— (a) any other penalty the court may impose under this Act, the Penalties and Sentences Act 1992 or another Act; or (b) any other order the court may make under this Act, the Penalties and Sentences Act 1992 or another Act. Note — See section 147(1) if an offence was committed entirely before the commencement of section 147. ‘(2) The court may order the defendant to do 1 or more of the following— (a) to take stated action to rehabilitate or restore Queensland’s marine and coastal environment damaged because of the act or omission constituting the offence; (b) on application only by the prosecution, to do 1 or more of the following— (i) to conduct a stated advertising or education campaign to promote compliance with the Act; (ii) to make a stated private apology or publish a stated public apology to persons affected by the contravention; (iii) to operate a stated ship in a particular way, including putting a stated procedure or system in place for or on the ship to ensure compliance with the Act; (iv) to repair, modify or replace a stated ship or part of a ship, or repair, modify, install or replace stated machinery or equipment on a stated ship to ensure compliance with the Act; (v) to start or stop a stated activity in relation to a stated ship; (vi) not to own or operate any ship unless the general manager has given written consent for the ownership or operation;

s 36 33 s 36 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (c) to comply with another order the court considers appropriate. ‘(3) Also, if— (a) a person is convicted of an offence against this Act or the Transport Operations (Marine Safety) Act 1994 ; and (b) the act or omission constituting the offence caused the State or a port authority to incur discharge expenses in relation to a discharge or likely discharge of pollutant from a ship into coastal waters; the court may order the defendant to pay to the State or the port authority the amount that could be recovered under section 122(1). ‘(4) An order under this section is subject to any limitation of liability that may apply under a law of the State or the Commonwealth. Example — Protection of the Sea (Civil Liability) Act 1981 (Cwlth) ‘ (5) A person who contravenes an order under this section commits an offence against this Act. Maximum penalty—3500 penalty units or 2 years imprisonment.’. 36 Insertion of new pt 14A After section 128— insert — ‘Part 14A Protection for whistleblowers ‘128A Definitions for pt 14A ‘In this part— disclosing person see section 128C(1). official means— (a) the chief executive; or (b) the general manager; or

s 36 34 s 36 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (c) the marine pollution controller; or (d) an authorised officer. reprisal see section 128E(3). ‘128B Application of pt 14A ‘(1) This part applies to a person other than a person who makes a disclosure as a public officer under the WhistleblowersProtection Act 1994 . ‘(2) If a disclosure is made under the WhistleblowersProtectionAct 1994 , this part does not limit the application of that Act and that Act does limit the application of this part. ‘128C General limitation ‘(1) A person (the disclosing person ) is not civilly or criminally liable for disclosing information to an official about a person’s conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act. ‘(2) Without limiting subsection (1)— (a) in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and (b) if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not— (i) contravene the Act, oath, rule of law or practice by making the disclosure; or (ii) breach the agreement by making the disclosure. ‘(3) In this section— agreement includes a contract or deed.

s 36 35 s 36 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘128D Liability for conduct unaffected ‘(1) The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official. ‘(2) However, a court may have regard to the disclosure if the disclosing person is prosecuted for an offence involving the conduct and either of the following applies— (a) the disclosing person is the master of a ship and his or her conduct was in compliance with an express instruction of the owner of the ship or someone authorised by the owner to give the instruction; (b) the disclosing person is another member of a ship’s crew and his or her conduct was in compliance with an express instruction of the master of the ship or someone authorised by the master to give the instruction. ‘(3) Subsection (2) does not limit the Penalties and Sentences Act1992 . ‘128E Reprisal and grounds for reprisal ‘(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, anybody has made, or may make, a disclosure as mentioned in section 128C(1). ‘(2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. ‘(3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. ‘(4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. ‘(5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

s 37 36 s 37 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘128F Damages entitlement or other remedy for reprisal ‘(1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result. ‘(2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal. ‘(3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. ‘(4) This section does not limit any other remedy that may be available at law to the person against whom the reprisal is taken. ‘128G False or misleading statements ‘A person must not, for section 128C(1), state anything to an official that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units. ‘128H False or misleading documents ‘(1) A person must not, for section 128C(1), give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units. ‘(2) Subsection (1) does not apply to a person if the person, when giving the document— (a) informs the official, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.’. 37 Omission of pt 15, div 1 (Devolutions) Part 15, division 1— omit .

s 38 37 s 42 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 38 Omission of pt 15, div 2, hdg (Delegations) Part 15, division 2, heading— omit . 39 Amendment of s 130 (Delegation by chief executive) (1) Section 130, ‘powers’— omit, insert— ‘functions’. (2) Section 130— insert— ‘(2) In this section— functions include powers.’. 40 Omission of ss 131 and 132 Sections 131 and 132— omit. 41 Amendment of s 133 (Regulation-making power) (1) Section 133(2)(i), ‘an administering authority’— omit, insert— ‘the general manager’. (2) Section 133(2)(m)— omit. 42 Replacement of pt 17, hdg (Transitional provisions for Maritime Safety Queensland Act 2002) Part 17, heading— omit, insert—

s 43 38 s 44 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘Part 17 ‘Division 1 Transitional provisions Provisions for Maritime SafetyQueensland Act 2002’. 43 Amendment of s 136 (Definitions for pt 20) (1) Section 136, heading— omit, insert— ‘136 Definitions for div 1’. (2) Section 136, definition commencement — omit, insert— ‘ commencement means 6 August 2002.’. 44 Insertion of new pt 17, div 2 After section 142— insert — ‘Division 2 Provisions for Maritime and Other Legislation Amendment Act 2006 ‘143 Application of s 62 ‘(1) Section 62, as in force immediately after the commencement of this section, does not apply in relation to an offence against section 61 2 committed entirely before the commencement. ‘(2) However section 62, as in force immediately before the commencement, applies in relation to an offence against section 61 committed entirely before the commencement. ‘144 Application of s 67A for 1 year after commencement ‘(1) This section applies to a ship that is more than 15m, but not more than 35m, in length overall. 2 Section 61 (Discharge of pollutant into coastal waters prohibited)

s 44 39 s 44 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(2) The ship’s owner does not commit an offence against section 67A(2) if, during the period of 1 year after the commencement of this section, the ship’s owner does not comply with that subsection. ‘(3) This section expires 1 year after its commencement. ‘145 Authorised officers appointed by chief executive officer of port authority ‘(1) On the commencement of this section, a port authorised officer stops being an authorised officer for the purposes of this Act, including for the application of section 74. 3 ‘(2) A person who, immediately before the commencement, was a port authorised officer must, within 21 days after the commencement, return to the general manager the identity card given to the person under section 74, as in force at any time before the commencement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. ‘(3) Without limiting the court’s power to find an excuse is a reasonable excuse, it is a reasonable excuse if— (a) for the purposes of section 74 and other purposes, the identity card is a single identity card; and (b) within 21 days after the commencement— (i) the person sought a new card in relation to the other purposes and gave written notice to the general manager about the other purposes; but (ii) a new card in relation to the other purposes had not been issued. ‘(4) The employment relationship between the person and the port authority in relation to which the person was previously appointed as an authorised officer is not affected only because of this section. 3 Section 74 (Authorised officer’s identity card)

s 44 40 s 44 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘146 Protection from liability for port authorised officers and others and continuing liability for port authorities ‘Section 76, as in force immediately before the commencement of this section, continues to apply in relation to an act or omission of a port authorised officer or a person acting under the direction of a port authorised officer. ‘147 Making orders under s 127 and pt 13A, div 2 ‘(1) Despite section 127 as in force after the commencement of this section, section 127 as in force immediately before the commencement continues to apply to an offence committed entirely before the commencement. ‘(2) An enforcement order or interim enforcement order may not be made under part 13A, division 2 in relation to an offence committed entirely before the commencement. ‘148 Delegation under s 132 as in force before commencement ‘(1) This section applies to a delegation under section 132 by the general manager of a power under this Act as the delegation is in force immediately before the commencement of this section. ‘(2) The delegation continues in force as a delegation under the Maritime Safety Queensland Act 2002 , section 11A until it is amended or repealed under that Act. Note — The Maritime Safety Queensland Act 2002 , section 11A provides for the general manager to delegate his or her functions under that Act or another Act to appropriate persons, namely an employee of MSQ, an authorised officer or a shipping inspector under the TransportOperations (Marine Safety) Act 1994 . ‘149 Previous exercise of powers by port authority officer not affected ‘(1) Section 145(1) does not affect the exercise of a power by a port authorised officer made under this Act before the

s 44 41 s 44 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 commencement of this section as an authorised officer, including, for example, under part 12, divisions 3, 4 and 5. ‘(2) However, if this Act provides that after exercising a power, an authorised officer must do a thing ( discharge a duty ), the port authorised officer must discharge the duty and give written notice to the general manager about discharging the duty. Example for subsection (2) — Under section 84, an authorised officer may have exercised a power and detained a ship before the commencement of this section. However, the authorised officer may not have given an approved notice under section 85 about the detention before the commencement. A person who was a port authorised officer must comply with section 85 and give a notice to the ship’s master. ‘(3) Also, if this Act provides that after exercising a power (the first power ), an authorised officer may exercise another power ( other power )— (a) the port authorised officer may not exercise the other power but must give written notice to the general manager about the other power not having been exercised; and (b) the general manager may exercise the other power even though the provision about the other power provides that the other power may only be exercised by the authorised officer who exercised the first power. ‘150 Emergency response powers under pt 12, div 6 ‘(1) If, immediately before the commencement of this section, a port authority had prime responsibility for a discharge as mentioned in section 93(3) as in force immediately before the commencement— (a) the port authority continues to have the prime responsibility; but (b) the State may assume prime responsibility in the way stated in section 93(4) as in force immediately before the commencement as if that subsection had not been omitted by the Maritime and Other Legislation Amendment Act 2006 .

s 44 42 s 44 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(2) A declaration under section 94(1), as in force immediately before the commencement, is not affected only because the declaration could not be made under section 94(1) after the commencement. ‘151 Continuing liability of port authority for compensation ‘(1) This section applies to a person who may, before the commencement of this section, claim compensation from a port authority under section 110 as in force before the commencement of this section. ‘(2) Section 110, as in force immediately before the commencement, continues to apply in relation to the person and the person may make a claim under that section as if that section had not been amended. ‘(3) If, under this section, the port authority pays compensation to a person, the definition discharge expenses in section 111 is taken to include an amount reasonably paid as compensation by the port authority. ‘152 If port authority has started to recover discharge expenses before commencement ‘(1) If, before the commencement of this section, a port authority started to recover discharge expenses under section 115 and the matter was not completed on the commencement, the port authority may continue to recover the discharge expenses under section 115 as if— (a) the section had not been amended; and (b) the definition administering authority had not been omitted by the Maritime and Other Legislation Amendment Act 2006 . ‘(2) An appeal may be made by or against a port authority under section 116 as if that section had not been amended by the Maritime and Other Legislation Amendment Act 2006 if— (a) immediately before the commencement, an appeal may be made under section 116 by a person whose interests were affected by a decision under section 115; or

s 45 43 s 45 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (b) a person’s interests were affected by a decision under section 115 as in force immediately before the commencement because of subsection (1). ‘153 Application of s 118 to particular matters ‘Section 118, as in force immediately before the commencement of this section, applies in relation to a matter for a proceeding under this Act if— (a) a provision is amended by the Maritime and Other Legislation Amendment Act 2006 ; and (b) the provision, as in force immediately before the amendment, continues to apply in relation to the matter.’. 45 Amendment of schedule (Dictionary) (1) Schedule, definitions administering authority , administering executive , chief executive officer and devolved matter — omit . (2) Schedule— insert— ‘ convicted , of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. disclosing person see section 128C(1). division 3 undertaking see section 117H(2)(b). enforcement order means an order of the District Court under part 13A, division 2— (a) to remedy or restrain the commission of a notice offence or a contravention of an intervention direction; or (b) to ensure compliance with a division 3 undertaking. interim enforcement order means an order under section 117D. intervention direction means a direction issued under section 98(2)(b) of the kind authorised under section 99.

s 45 44 s 45 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 marine pollution controller see section 93A. notice offence means an offence against any of the following provisions constituted by a person contravening an approval, direction, notice, requirement or order given to the person under this Act— • section 63(5) • section 66(5) • section 84(3) • section 84(5) • section 89(2) • section 95(6) • section 96(3) • section 103(2). official , for part 14A, see section 128A. port authorised officer , for part 17, division 2, means a person who was, immediately before the commencement of section 145, an authorised officer appointed by the chief executive officer of a port authority. prescribed applicant , for part 13A, means any of the following— (a) the chief executive; (b) the general manager; (c) the marine pollution controller. reprisal , for part 14A, see section 128E(3). territorial sea means the territorial sea of Australia.’. (3) Schedule, definition port limits , ‘, chapter 5A’— omit.

s 46 45 s 49 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 46 Act amended in pt 4 This part amends the TransportOperations(MarineSafety)Act 1994. 47 Replacement of s 4 (Definitions) Section 4— omit, insert — ‘4 Dictionary ‘The dictionary in the schedule defines particular words used in this Act.’. 48 Amendment of s 5 (Meaning of certificate of compliance ) Section 5(1) and (2), ‘or builder’— omit, insert— ‘, ship builder’. 49 Amendment of s 10 (Meaning of ship ) (1) Section 10(1)— omit, insert— ‘(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.’. (2) Section 10(2)— insert — ‘(c) whether it is on land or in water.’. (3) Section 10—

s 50 46 s 51 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 insert — ‘(7) A reference to a ship includes the ship’s equipment.’. 50 Insertion of new s 10A Part 1, division 3— insert — ‘10A Meaning of commercial ship , fishing ship and recreational ship , and related provision ‘(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. ‘(2) A fishing ship is— (a) a ship authorised, under an authority under the FisheriesAct 1994, for fishing purposes; or (b) a ship authorised, under a development permit under the Integrated Planning Act 1997, 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.’. 51 Amendment of s 11 (General application of Act to ships) (1) Section 11(1)(a), after ‘be’— insert — ‘, including while they are outside Queensland waters’.

s 52 47 s 54 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (2) Section 11(1)(c), after ‘voyages’— insert — ‘, including while they are outside Queensland waters’. 52 Amendment of s 19 (Development of marine safety strategies) Section 19— insert— ‘(5) In this section— coordination plan means the Transport Coordination Plan developed under the TransportPlanningandCoordinationAct 1994 .’. 53 Amendment of s 34 (What mechanisms ensure safety) Section 34(b), ‘and builders’— omit, insert— ‘, ship builders’. 54 Amendment of s 40 (General safety obligation of ship designers and builders and marine surveyors about condition of ships) (1) Section 40, heading, ‘and builders’— omit, insert— ‘ , ship builders ’. (2) Section 40(1), ‘or builder’— omit, insert— ‘, ship builder’. (3) Section 40(2), ‘the person’— omit, insert— ‘the accredited ship designer, ship builder or marine surveyor’.

s 55 48 s 58 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 55 Amendment of s 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships) (1) Section 42(1), definition general safety provision — omit, insert— ‘ general safety provision means section 40 or 41.’. (2) Section 42(2)(a), after ‘contravened a’— insert— ‘general’. 56 Amendment of s 47 (Notice of proposal to prepare draft standard) Section 47(5), from ‘of the draft standard’— omit, insert— ‘of the proposal to prepare a draft standard and ask for its advice on the proposal.’. 57 Amendment of s 56 (Regulation may require registration of ship) Section 56, after ‘the ship’— insert — ‘ as a commercial ship, fishing ship or recreational ship’. 58 Amendment of s 57 (Contravention of registration obligations) (1) Section 57(2)— renumber as section 57(5). (2) Section 57— insert— ‘(2) If a ship is registered as a recreational ship, the ship’s owner or master must not operate the ship except as a recreational ship or as otherwise provided for under a regulation.

s 59 49 s 61 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(3) If a ship is registered as a commercial ship, the ship’s owner or master must not operate the ship except as a commercial ship or as otherwise provided for under a regulation. ‘(4) If a ship is registered as a fishing ship, the ship’s owner or master must not operate the ship except as a fishing ship or as otherwise provided for under a regulation.’. 59 Amendment of s 60 (Regulation may require licences) Section 60— insert — ‘(2) In this section— licence includes a certificate of competency, service or recognition and a permit.’. 60 Amendment of s 62 (Grant, amendment and renewal of licences) Section 62(3)— omit, insert — ‘(3) Also, a regulation may provide for either the chief executive or the general manager— (a) to conduct examinations, or to approve an entity to conduct examinations, to establish whether a person meets a requirement under a regulation; or (b) to approve an entity to conduct training programs about the operation of ships.’. 61 Amendment of s 63 (Cancellation, suspension and amendment of licences) Section 63— insert — ‘Note — Section 202C(1) provides that, when an order is made under section 202A for a person, a licence, and any subsisting licence, held by the person for whom the order is made is cancelled. Also, section 202I

s 62 50 s 66 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 provides for a regulation-making power for cancelling or suspending a restricted licence.’. 62 Amendment of s 64 (Object of division) Section 64, ‘and builders’— omit, insert— ‘, ship builders’. 63 Amendment of s 65 (Regulation may provide for accreditation) Section 65, ‘or builder’— omit, insert— ‘, ship builder’. 64 Amendment of s 79 (Delegation by harbour master) (1) Section 79(1), ‘powers’— omit, insert— ‘functions’. (2) Section 79— insert— ‘(3) In this section— functions include powers.’. 65 Amendment of s 80 (Identity cards) Section 80(2), after ‘delegates’— insert— ‘functions or’. 66 Amendment of s 86 (General limitation on harbour master’s power to give directions under subdivision) (1) Section 86(1)—

s 67 51 s 67 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 omit, insert— ‘(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) Section 86(3) and (4)— omit. 67 Insertion of new s 86A After section 86— insert — ‘86A Direction 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. ‘(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.

s 68 52 s 68 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘(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 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.’. 68 Amendment of s 87 (Power of Minister to require directions) (1) Section 87, ‘particular’— omit.

s 69 53 s 70 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (2) Section 87(2), from ‘86(1)’ to ‘does not’— omit, insert — ‘86 does not’. 69 Insertion of new s 87B After section 87A— insert — ‘87B Direction 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.’. 70 Amendment of s 88 (Direction to master about operation of ship) (1) Section 88, heading—

s 126 124 s 127 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘Subdivision 1 Notice of tolling matters ‘105ZBLocal government to give notice of tolling matters ‘(1) A local government must give notice of the matters mentioned in schedule 5 for a local government tollway before a toll becomes payable for the use of the local government tollway. ‘(2) Notice under subsection (1) must be given by a notice published in a newspaper circulating generally in the local government’s area and in adjoining local government areas. ‘(3) A toll may be set in a way that applies differently— (a) to different classes of vehicles; or (b) by reference to stated exceptions or factors. ‘(4) Subsection (3) does not limit schedule 5 or the StatutoryInstruments Act 1992 . ‘(5) An administration charge, under a notice under subsection (1), for a toll must not be more than the reasonable cost, under this division, of issuing a notice for, and collecting, the unpaid toll and administration charge for the toll. ‘(6) A user administration charge, under a notice under subsection (1), for a toll must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.’. 126 Amendment of s 105ZF (Definition for sdiv 3) Section 105ZF, definition deferred toll amount , paragraph (c)— omit. 127 Amendment of s 105ZG (Liability for administration charge in addition to unpaid toll and user administration charge) (1) Section 105ZG, heading, ‘and user administration charge’— omit.

s 128 125 s 128 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (2) Section 105ZG(1), ‘and the user administration charge for the toll’— omit. 128 Insertion of new ch 6, pt 8, div 7 After section 105ZO— insert— ‘Division 7 Miscellaneous ‘105ZOA Local government to keep Minister informed ‘(1) A local government that has an approved tollway project or local government tollway must, by written notice given to the Minister, inform the Minister about any material change relating to the approved tollway project or local government tollway as soon as practicable after the local government becomes aware of the material change. ‘(2) Without limiting subsection (1), a material change to an approved tollway project or local government tollway includes a change that may— (a) adversely affect the local government’s financial position in a material way; or (b) adversely affect the State’s financial position in a material way; or (c) adversely impact on the operation or management of a State-controlled road, a franchised road or public transport in a material way; or (d) affect the proposed methodology or strategy for charging tolls for use of the local government tollway; or (e) change the performance specifications for the approved tollway project or local government tollway, including, for example, the project alignment or design or the land required for the approved tollway project or local government tollway.

s 129 126 s 129 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘105ZOB State not liable for loss relating to local government tollway etc. ‘(1) The State is not liable for any loss suffered by a local government or another person arising out of any matter relating to an approved tollway project or local government tollway. ‘(2) Without limiting subsection (1), the State is not liable for any loss suffered by a local government or another person arising out of the following— (a) the approval of a tollway project, including any conditions to which the approval is subject, or any amendment or revocation of the approval; (b) the declaration of a local government tollway; (c) the construction, maintenance or operation of a local government tollway; (d) the declaration of land to be local government tollway corridor land; (e) any condition imposed on a declaration or any amendment of a condition; (f) a decision by the Minister to issue a compliance notice, suspension notice, revocation notice, final notice, schedule 5 step-in notice or schedule 5A step-in notice; (g) anything done under a schedule 5 step-in notice or schedule 5A step-in notice.’. 129 Amendment of s 249 (Railways on particular roads) (1) Section 249(6), definitions relevant person and relevant road — omit. (2) Section 249(6)— insert— ‘ relevant person means— (a) for a State-controlled road—the chief executive for chapter 6; or

s 130 127 s 130 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (b) for a franchised road—the franchisee; or (c) for State toll road corridor land— (i) the chief executive for chapter 6; or (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or (d) for local government tollway corridor land— (i) the local government; or (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased. relevant road means— (a) a State-controlled road; or (b) a franchised road; or (c) State toll road corridor land; or (d) local government tollway corridor land.’. 130 Amendment of s 275 (Functions of port authorities) Section 275(1)(f)— omit insert— ‘(f) without limiting any other paragraph of this subsection, in relation to strategic port land of the following port authorities— (i) the Cairns Port Authority—to provide or arrange for the development and use of its strategic port land for residential and tourist accommodation; (ii) the Port of Brisbane Corporation—to provide or arrange for the development and use of its strategic port land— (A) at Eagle Farm and Hamilton, for residential accommodation, community infrastructure and ancillary services; and

s 131 128 s 133 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (B) at Fisherman Islands, for local commercial activities; (iii) the Cairns Port Authority and Port of Brisbane Corporation—to plan or carry out works in relation to the development and use of strategic port land under subparagraphs (i) and (ii); and’. 131 Amendment of s 285 (Land use plans) Section 285(1)(c)(vi)— omit, insert— ‘(vi) for a purpose mentioned in section 275(1)(f); or’. 132 Amendment of sch 5 (Matters for notice for toll road or local government tollway) Schedule 5, heading and authorising section— omit, insert— ‘Schedule 5 Tolling matters for toll road or local government tollway sections 93, 105GA and 105GB’. 133 Insertion of new sch 5A After schedule 5— insert— ‘Schedule 5A Other matters for conditions for local government tollways sections 105GA and 105GB 1 traffic management by the local government 2 management by the local government of the impact of the local government tollway on the road network

s 134 129 s 136 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 3 reports from local government about the local government tollway’. 134 Amendment of sch 6 (Dictionary) Schedule 6— insert— ‘ compliance notice , for chapter 6, part 8, see section 105B. declaration , for chapter 6, part 8, see section 105B. final notice , for chapter 6, part 8, see section 105B. local government franchisee , for chapter 6, part 8, see section 105B. matter , for chapter 6, part 8, see section 105B. relevant notice , for chapter 6, part 8, see section 105B. revocation notice , for chapter 6, part 8, see section 105B. schedule 5 step-in notice , for chapter 6, part 8, see section 105B. schedule 5A step-in notice , for chapter 6, part 8, see section 105B. suspension notice , for chapter 6, part 8, see section 105B.’. Division 2 Amendment of Transport Operations (Passenger Transport) Act 1994 135 Act amended in div 2 This division amends the TransportOperations(PassengerTransport) Act 1994 . 136 Insertion of new s 83A After section 83— insert—

s 137 130 s 138 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘83A Requirement for limousine service licence for stretched passenger car ‘A person must not provide a public passenger service, other than a community transport service or a courtesy transport service, in a stretched passenger car unless the person holds a limousine service licence. Maximum penalty—160 penalty units.’. 137 Insertion of new s 145 After section 144— insert— ‘145 Chief executive may declare particular motor vehicles ‘(1) The chief executive may, by gazette notice, declare a vehicle to be— (a) a forward-control passenger vehicle; or (b) a luxury motor vehicle. ‘(2) A declaration under subsection (1)— (a) starts on the day the gazette notice is published; and (b) ends on the day that is 6 months later.’. 138 Insertion of new ch 13, pt 4 After section 178— insert— ‘Part 4 Provision for Maritime and Other Legislation Amendment Act 2006 ‘179 Amendment of regulation by Maritime and Other Legislation Amendment Act 2006 does not affect powers of Governor in Council ‘The amendment of the Transport Operations (Passenger Transport) Regulation 2005 by the Maritime and Other

s 139 131 s 139 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Legislation Amendment Act 2006 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 139 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition luxury motor vehicle — omit. (2) Schedule 3— insert— ‘ forward-control passenger vehicle — (a) means a passenger vehicle, other than an off-road passenger vehicle, having up to 9 seating positions, including the driver’s position, and in which the centre of the steering wheel is in the forward quarter of the vehicle’s total length; and (b) includes— (i) a vehicle prescribed under a regulation to be a forward-control passenger vehicle; or (ii) a vehicle declared by the chief executive under section 145 to be a forward-control passenger vehicle. Note— The reference to the number of seating positions allows for a consistent definition for the Act and subordinate legislation. luxury motor vehicle means— (a) a vehicle declared under a regulation to be a luxury motor vehicle; or (b) a vehicle declared by the chief executive under section 145 to be a luxury motor vehicle. motor vehicle has the meaning given by the TransportOperations (Road Use Management) Act 1995 . off-road passenger vehicle means a passenger vehicle that has up to 9 seating positions, including the driver’s position,

s 139 132 s 139 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 designed with special features for off-road operation as defined by the Australian Design Rules. Note— The reference to the number of seating positions allows for a consistent definition for the Act and subordinate legislation. passenger car means a passenger vehicle, other than an off-road passenger vehicle or a forward-control passenger vehicle, having up to 9 seating positions, including the driver’s position. passenger vehicle means a motor vehicle constructed primarily for the carriage of persons and having at least 4 wheels. stretched , in relation to a passenger vehicle, means the passenger vehicle has been modified by adding an extra section to the body to increase the overall length of the passenger vehicle. stretched passenger car means a passenger vehicle that— (a) has been modified by being stretched; and (b) has more than 9 seating positions, including the driver’s position; and (c) was a passenger car before it was modified.’. (3) Schedule 3, definition disqualifying offence , before paragraph (a)— insert— ‘(aa) an offence against this Act, whether the act relating to the offence was or is committed before or after the commencement of this paragraph; or’. (4) Schedule 3, definition disqualifying offence , paragraph (e), ‘or (d)’— omit, insert— ‘, (d) or (e)’. (5) Schedule 3, definition disqualifying offence , paragraphs (aa) to (e)— renumber as paragraphs (a) to (f).

s 140 133 s 142 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Division 3 Amendment of Transport Operations (Road Use Management) Act 1995 140 Act amended in div 3 This division amends the TransportOperations(RoadUseManagement) Act 1995 . 141 Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited) Section 78(3)— insert— ‘(i) if the person committed the offence while, under section 79B— (i) the person’s Queensland driver licence was suspended; or (ii) the person’s authority to drive on a Queensland road under a non-Queensland driver licence was suspended; or (iii) the person was disqualified from holding or obtaining a Queensland driver licence; for a period, of at least 2 years but not more than 5 years, decided by the court.’. 142 Insertion of new s 79AA After section 79— insert— ‘79AA Provisions applying to supervisor of a learner ‘(1) This section applies to a person who is the supervisor of a learner while the learner is driving a motor vehicle under the direction of the supervisor. ‘(2) The supervisor is in charge of the motor vehicle for the purposes of—

s 143 134 s 143 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (a) the relevant provisions; and (b) other provisions of this Act applying in relation to any charge, proceedings, conviction or sentence for an offence against a relevant provision. Example for subsection (2)(a) — 1 If a learner is driving a car under the direction of a supervisor, the supervisor is in charge of the car and must not be over the general alcohol limit. 2 If a learner is driving a truck or bus under the direction of a supervisor, the supervisor of the learner is in charge of the truck or bus and must not be over the no alcohol limit. ‘(3) Subsection (2) has no effect on the application of the relevant provisions, or any other provisions of this Act, to the learner. ‘(4) In this section— learner means— (a) the holder of a licence that, under a regulation, authorises the holder to learn to drive a motor vehicle; or (b) the holder of a licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a). relevant provisions means sections 79 and 80. supervisor , of a learner— (a) means a person who— (i) under a regulation, is a person with whom a learner is authorised to drive under direction; or (ii) purports to be a person mentioned in subparagraph (i); but (b) does not include a person accredited as a driver trainer under a regulation while the person is acting in the person’s professional capacity as a driver trainer.’. 143 Insertion of new ss 79B–79D After section 79A— insert—

s 143 135 s 143 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘79B Immediate suspension or disqualification ‘(1) This section applies if a person is— (a) charged under section 79(1) with driving a motor vehicle whilst under the influence of liquor and, when the person is charged, the person is given an analysis certificate in relation to the offence indicating the person was over the high alcohol limit; or (b) charged under section 80(11) with failing to provide a specimen of the person’s breath for analysis or a specimen of the person’s blood for a laboratory test; or (c) charged under section 79(2), (2A), (2B) or (2J) with an offence committed after having been charged, after the commencement of this paragraph, with another offence under section 79(2), (2A), (2B) or (2J) and the earlier charge has not been dealt with by a court, or withdrawn or otherwise discontinued; or (d) charged under the CriminalCode, section 328A(1) or (4) with the dangerous operation of a motor vehicle, when accompanied by a circumstance of aggravation that— (i) at the time of committing the offence the person was adversely affected by an intoxicating substance that is alcohol; and (ii) the person was, at the time, over the high alcohol limit. ‘(2) If the person holds a Queensland driver licence, the person’s Queensland driver licence is suspended. ‘(3) If the person’s authority to drive on a Queensland road is under a non-Queensland driver licence, the person’s authority under the licence to drive on a Queensland road is suspended. ‘(4) If the person does not hold a driver licence, the person is disqualified from obtaining or holding a Queensland driver licence. ‘(5) The suspension or disqualification under subsection (2), (3) or (4)— (a) starts when the person is charged; and

s 143 136 s 143 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (b) ends when the charge is dealt with by a court or is withdrawn or otherwise discontinued. ‘(6) If a person’s driver licence is suspended under this section and, at the time the driver licence is suspended, section 80(22AA) also applies to the person, the suspension of the driver licence under section 80(22AA) is superseded by the suspension under this section. ‘(7) In this section— analysis certificate means— (a) a certificate mentioned in section 80(15) stating the concentration of alcohol indicated by an analysis of a person’s breath to be present in the blood or breath of the person; or (b) a certificate mentioned in section 80(16B) stating the concentration of alcohol in a person’s blood indicated by a laboratory test of a specimen of the person’s blood. ‘79C When person is charged for s 79B ‘(1) This section applies if a proceeding for an offence as mentioned in section 79B(1) is started against a person by notice to appear, arrest or on complaint and summons. ‘(2) If the proceeding is started by notice to appear, the person is, for section 79B, taken to be charged with the offence when the notice to appear is issued and served on the person. ‘(3) If the proceeding is started by arrest, the person is, for section 79B, taken to have been charged with the offence when the person is arrested. ‘(4) If the proceeding is started by complaint and summons, the person is, for section 79B, taken to have been charged with the offence when the complaint and summons is issued and served on the person. ‘(5) In this section— notice to appear has the meaning given by the Police Powersand Responsibilities Act 2000 .

s 143A 137 s 143A Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 ‘79D Notice to be given of suspension or disqualification ‘(1) This section applies if, under section 79B— (a) a person’s Queensland driver licence, or authority to drive on a Queensland road under a non-Queensland driver licence, is suspended; or (b) a person is disqualified from obtaining or holding a Queensland driver licence. ‘(2) As soon as practicable after the person is charged with the offence to which the suspension or disqualification relates— (a) a police officer must give the person a notice about the suspension or disqualification, in the approved form, for the person’s information; and (b) the commissioner must give the chief executive notice about the details of the suspension or disqualification. ‘(3) Failure by a police officer or the commissioner to give notice under subsection (2)(a) or (b) about the suspension or disqualification does not invalidate the suspension or disqualification, or affect anything done in relation to the suspension or disqualification unless, in relation to a notice under subsection (2)(a), the police officer has no reasonable excuse for failing to give the notice.’. 143A Amendment of s 80 (Provisions with respect to breath tests and laboratory tests) (1) Section 80(22A), ‘subsection (22)’— omit, insert— ‘subsection (22AA)’. (2) Section 80(22C) and (22D), ‘pursuant to subsection (22)’— omit, insert— ‘under subsection (22AA)’.

s 144 138 s 144A Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 144 Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences) Section 86— insert— ‘(7) In deciding a period of disqualification for a person whose licence is suspended, or who is disqualified from obtaining or holding a licence, under section 79B, the court may take into account the period of suspension or disqualification that has already been served under that section.’. 144A Insertion of new ss 90A–90D After section 90— insert— ‘90A Definitions for ss 90B–90D In sections 90B to 90D— dangerous driving offence means an offence against the CriminalCode, section 328A(1) or (4) if the offence is accompanied by a circumstance of aggravation that, at the time of committing the offence, the person charged with the offence was adversely affected by an intoxicating substance that is alcohol. designated offence means— (a) an offence against— (i) section 79(1) or (2), to the extent it involves a motor vehicle; or (ii) section 79(2A), (2B) or (2J); or (iii) section 80(11); or (b) a dangerous driving offence. disqualified means disqualified from holding or obtaining a Queensland driver licence. Note — See section 127(4) which provides for the effect of a suspension under this Act of any licence. drink driving offence means—

s 144A 139 s 144A Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (a) an offence against— (i) section 78(1); or (ii) section 79(1) or (2), to the extent it involves a motor vehicle; or (iii) section 79(2A), (2B) or (2J); or (iv) section 80(11); or (v) section 87(10); or (vi) a provision of a regulation under section 150AB for failing to comply with an order under that regulation; or (b) a dangerous driving offence. relevant disqualifying provision means— (a) section 78(3)(i); or (b) section 81; or (c) section 86; or (d) section 87(10A)(b); or (e) a provision of a regulation under section 150AB providing for the disqualification of a person for failing to comply with an order made under the regulation; or (f) the Penalties and Sentences Act 1992 , section 187. section 89 disqualification means a disqualification ordered by a court under section 89 as a result of being charged with, but not convicted of, a dangerous driving offence. section 90 disqualification means a disqualification ordered by a court under section 90 as a result of being charged with, but not convicted of, a dangerous driving offence or an offence against section 79. ‘90B Cumulative periods of disqualification for offences committed at different times ‘(1) This section applies if— (a) a person is disqualified (the initiating disqualification )—

s 144A 140 s 144A Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (i) under a relevant disqualifying provision for a drink driving offence; or (ii) under a section 89 disqualification; or (iii) under a section 90 disqualification; and (b) before the period of disqualification for the initiating disqualification ends, the person is disqualified again on 1 or more occasions (a later disqualification ) as mentioned in paragraph (a). ‘(2) However, this section does not apply if section 90C applies. ‘(3) Each period of disqualification whether for an initiating disqualification or later disqualification takes effect cumulatively with each other period of disqualification. Examples — 1 D is charged with a drink driving offence. Before the court hears that charge D is charged again with a drink driving offence. The court convicts D of both offences and disqualifies D for a period of 2 months for 1 offence and a period of 4 months for the other offence. The total period of disqualification is 6 months. 2 D commits a drink driving offence on 25 December 2008 and commits another drink driving offence on 1 January 2009. A court convicts D of the 1 January offence on 2 January 2009 and disqualifies D for a period of 2 months. On 1 February, the court convicts D of the 25 December offence and disqualifies D for a period of 4 months. The total period of disqualification is 6 months. ‘90C Cumulative periods of disqualification for acts done and offences committed at same time ‘(1) This section applies if— (a) a person does an act that results in the person being charged with a designated offence and, when the person does the act, the person commits an offence against section 78(1); and (b) as a result of being charged with the designated offence, the person is disqualified (the drink driving disqualification )— (i) under section 81 or 86 or the PenaltiesandSentences Act 1992 , section 187; or

s 144A 141 s 144A Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (ii) under a section 89 disqualification; or (iii) under a section 90 disqualification; and (c) as a result of committing the offence against section 78(1), the person is disqualified (the unlicensed driving disqualification ) under section 78(3)(a) to (h) or the Penalties and Sentences Act 1992 , section 187. ‘(2) Subsection (3) applies if, when the person does the act that results in the person being charged with the designated offence, the person does not hold a driver licence authorising the person to drive the motor vehicle on the road but is not disqualified— (a) under a relevant disqualifying provision for a drink driving offence; or (b) under a section 89 disqualification; or (c) under a section 90 disqualification. ‘(3) The periods of disqualification for the drink driving disqualification and the unlicensed driving disqualification take effect cumulatively with each other. ‘(4) Subsection (5) applies if, when the person does the act that results in the person being charged with the designated offence, the person does not hold a licence because the person is disqualified (the existing disqualification )— (a) under a relevant disqualifying provision for a drink driving offence; or (b) under a section 89 disqualification; or (c) under a section 90 disqualification. ‘(5) Each period of disqualification, whether for a drink driving disqualification, an unlicensed driving disqualification or an existing disqualification, takes effect cumulatively with each other period of disqualification. ‘90D Other matters about cumulative periods of disqualification ‘(1) For sections 90B and 90C, the following is immaterial to the cumulative effect of disqualifications—

s 145 142 s 145 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (a) whether the periods of disqualification are imposed or ordered at the same hearing; (b) whether an offence or charge that resulted in a period of disqualification (or the conviction or sentence for the offence or charge) happened before or after another offence or charge (or the conviction or sentence for the other offence or charge) that resulted in a period of disqualification; (c) the order in which the periods of disqualification are imposed or ordered. ‘(2) Also, for sections 90B and 90C, periods of disqualification mentioned in the sections take effect cumulatively with other periods of disqualification mentioned in the sections in the order in which they are imposed or ordered.’. 145 Insertion of new s 150AB Chapter 5, part 10— insert— ‘150AB Regulation about particular suspensions ‘(1) A regulation must provide that a court may make orders authorising persons whose Queensland driver licences have been suspended under section 79B(2), because the persons have been charged as mentioned in section 79B(1)(a), (b) or (d), to continue to drive motor vehicles under the licences in stated circumstances. ‘(2) Without limiting subsection (1), the regulation may provide for— (a) the circumstances in which applications for the orders may or may not be made; and (b) how and when applications for the orders are to be made; and (c) the criteria to be used in deciding applications for the orders; and (d) the type of conditions that may be included in the orders; and (e) the periods for which the orders are effective; and

s 146 143 s 146 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 (f) variation of the orders; and (g) the consequences for failing to comply with the orders, including, for example, the creation of offences and the disqualification of persons from holding or obtaining driver licences. ‘(3) This section does not limit section 150(1)(c).’. 146 Insertion of new ch 7, pt 8 After section 203— insert— ‘Part 8 Transitional provisions for Maritime and Other Legislation Amendment Act 2006 ‘204 Transitional provision for ss 79B–79D ‘(1) This section applies if, after the commencement of this section— (a) a person is charged with an offence as mentioned in section 79B(1); and (b) the act constituting the offence happened before the commencement. ‘(2) To remove any doubt, it is declared that sections 79B to 79D do not apply to the person in relation to the charge. ‘205 Transitional provision for ss 90A–90D ‘Sections 90A to 90D apply only in relation to an act happening after the commencement of this section that results in a person being charged with an offence. Examples — 1 Before the commencement of this section, D is disqualified for an offence under section 79(1). After the commencement and while still disqualified, D drives a motor vehicle while under the influence of liquor, is charged with an offence against section 79(1) and is

s 147 144 s 148 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 convicted and again disqualified. Section 90B(3) does not apply to D in relation to the disqualifications. 2 D commits an offence against section 79(2A) before the commencement of this section. After the commencement, a court convicts D of the offence and disqualifies him from holding or obtaining a driver licence for 4 months. While disqualified D commits a further offence against section 79(2A) and is again disqualified. Section 90B(3) does not apply to D in relation to the disqualifications. 3 Before the commencement of this section, D does an act that results in D being disqualified. After the commencement and while still disqualified, D does an act that results in D committing offences against sections 78(1) and 79(1). A period of disqualification is imposed for each offence. The periods of disqualification are cumulative with each other but take effect concurrently with the period of disqualification that took effect before the commencement of this section.’. Division 4 Amendment of Transport Planning and Coordination Act 1994 147 Act amended in div 4 This division amends the TransportPlanningandCoordination Act 1994 . 148 Amendment of s 28D (Powers regarding property) (1) Section 28D(1), from ‘for an approved’— omit, insert— ‘for— (a) an approved tollway project under the TransportInfrastructure Act 1994 ; or (b) a local government tollway under the TransportInfrastructure Act 1994 .’. (2) Section 28D(2)(a) and (b), after ‘approved tollway project’— insert— ‘or local government tollway’. (3) Section 28D(3), after ‘approval tollway project’—

s 149 145 s 150 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 insert— ‘or local government tollway,’. 149 Insertion of new s 28DA Part 4B— insert— ‘28DA Approved tollway project becomes local government tollway ‘(1) This section applies if— (a) a local government has started acquiring land for an approved tollway project as mentioned in section 28D; and (b) before the acquisition is complete, a local government tollway is declared for the approved tollway project. ‘(2) The acquisition is not affected by the declaration of the local government tollway and the local government may continue the acquisition as if the declaration had not been made.’. Division 5 Other minor amendments of legislation 150 Other minor amendments (1) Schedule 1 amends the legislation it mentions. (2) Schedule 2 amends the waterway transport management plans it mentions.

146 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 1 Other minor amendments of legislation section 150(1) Off-shore Facilities Act 1986 1 Section 6, ‘ Marine Safety ’— omit, insert— ‘ Transport Operations (Marine Safety )’. Transport Infrastructure Act 1994 1 Section 105ZC(5)(b), ‘section 105ZB(4)’— omit, insert— ‘section 105ZB(1)’. 2 After section 544— insert— ‘Part 8 Transitional provision for Maritime and Other Legislation Amendment Act 2006 ‘545 Making and approval of waterway transport management plan ‘The amendment of a waterway transport management plan mentioned in the Maritime and Other Legislation AmendmentAct 2006 , schedule 2 does not affect the power of— (a) the Minister to further amend or to repeal the plan; or

147 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 1 (continued) (b) the Governor in Council to approve the making of an amendment or repeal of the plan.’. Transport Operations (Passenger Transport) Regulation 2005 1 Section 105, heading, after ‘ luxury motor vehicle ’— insert— ‘ , paragraph (a) ’. 2 Part 11— insert— ‘135A Forward-control passenger vehicle—Act, sch 3, def forward-control passenger vehicle ‘A forward-control passenger vehicle includes a Chrysler Voyager, Honda Odyssey, Kia Carnival, Mazda MPV, Mitsubishi Nimbus, Mitsubishi Starwagon and Toyota Tarago.’. 3 Section 156— omit. 4 Schedule 11, definitions forward-control passenger vehicle , motor vehicle , off-road passenger vehicle , passenger car and passenger vehicle — omit.

148 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 1 (continued) Transport Planning and Coordination Act 1994 1 Section 29(2)— omit. 2 Section 37, before ‘power’— insert— ‘function or’.

149 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 2 Amendment of waterway transport management plans under the TransportInfrastructure Act 1994 section 150(2) Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 1 Section 12(1)— omit, insert— ‘(1) This section applies to an area for which a consent for an aquatic event under the Transport Operations (Marine Safety) Regulation 2004 , section 218 has been issued if the consent operates for no more than 48 hours.’. 2 Section 35(1)(b), example, from ‘an authority’— omit, insert— ‘a consent under the Transport Operations (Marine Safety) Regulation 2004, section 218.’. 3 Schedule 6, definition authorised buoy mooring — omit, insert— ‘ authorised buoy mooring means a buoy mooring established under an approval under the Transport Operations (Marine Safety) Regulation 2004 , section 209.’.

150 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 2 (continued) Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 1 Section 14(1), from ‘an authority’ to ‘states’— omit, insert— ‘ a consent to hold an aquatic event under the Transport Operations (Marine Safety) Regulation 2004 , section 218 states’. 2 Section 17, from ‘under the’ to ‘that’— omit, insert— ‘ under the Transport Operations (Marine Safety) Regulation 2004 , section 221(4) that’. 3 Section 39(1)(b), example, from ‘an authority’— omit, insert— ‘ a consent under the Transport Operations (Marine Safety) Regulation 2004 , section 218.’. 4 Schedule 4, section 5(1), from ‘under the’ to ‘that’— omit, insert— ‘ under the Transport Operations (Marine Safety) Regulation 2004 , section 221(4) that’. 5 Schedule 5, definition authorised buoy mooring — omit, insert— ‘ authorised buoy mooring means a buoy mooring established under an approval under the Transport Operations (Marine Safety) Regulation 2004 , section 209.’.

151 Maritime and Other Legislation Amendment Act 2006 No. 21, 2006 Schedule 2 (continued) Transport Infrastructure (Yeppoon Waterways) Management Plan 2000 1 Section 18(1)(b), example, from ‘an authority’— omit, insert— ‘ a consent under the Transport Operations (Marine Safety) Regulation 2004 , section 218.’. © State of Queensland 2006