Queensland Marine Act Amendment Act 1972 (Qld)

(l tt itzltttt4 ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 1 of 1972 An Act to Amend The Queensland Marine Acts 1958 to 1967 in certain particulars [RESERVED: HER MAJESTY'S ASSENT PROCLAIMED: 11TH MAY, 1972] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Queensland Marine Act Amendment Act 1972. (2) The Queensland Marine Act of 1958 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may he cited as the Queensland Marine Act 1958-1972.

2 Queensland Marine Act Amendment Act 1972, No. 1 2. Commencement . (1) This Act shall not come into operation until after Her Majesty's pleasure herein has been publicly signified in this State. (2) After the signification of the said pleasure, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment of s. 3 . Section 3 of the Principal Act is amended by inserting after the words " PART X-REGULATION AND CONTROL OF CERTAIN VESSELS (s. 196); " the words " PART XA-REGULATION AND CONTROL OF AIR CUSHION VEHICLES (S. 196A);". 4. Amendment of s. 8. Section 8 of the Principal Act is amended by, in subsection (1),- (a) inserting after the term " Agreement " and its meaning the following,term and meaning:- " " Air cushion vehicle "-A vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the water or other surface beneath the vehicle;" (b) omitting, in the meaning of the term " Coaster ", the words " or going between ports in the jurisdiction;" and inserting in their stead the words " in the jurisdiction or going between ports in the jurisdiction: The term includes a sea-going ship employed in carrying passengers to sea and returning to the port of departure;"; (c) inserting in the meaning of the term " Vessel ", after the word " seaplane," the words " air cushion vehicle,". 5. Amendment of s. 130. Section 130 of the Principal Act is amended by, in subsection (1), omitting the words " fifteen register tons," and inserting in their stead the words " the length prescribed in relation thereto by regulations made pursuant to section 264 of this Act,". 6. Amendment of s. 131 . Section 13i of the Principal Act is amended by- (a) in subsection (1), omitting the words " fifteen register tons," and inserting in their stead the words " the length prescribed in relation thereto by regulations made pursuant to section 264 of this Act,"; (b) omitting subsection (4) and inserting in its stead the following subsection:- " (4) The position of the disc referred to in this section shall be in accordance with regulations made pursuant to section 264 of this Act in relation thereto.".

Queensland Marine Act Amendment Act 1972, No. 1 3 7. Amendment of s. 146. Section 146 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) (a) If any person has used or displayed or caused or permitted any person under his authority to use or display any signal referred to in subsection (2) of this section and subsequently any prescribed circumstances arise in which such signal is to be revoked, he shall by all means of communication at his disposal revoke such signal. (b) If any person fails to comply with the provisions of this subsection, he commits an offence against this Act and in addition to any penalty for which he may be liable in respect of the offence, shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of such failure, and that compensation may, without prejudice to any other remedy, be recovered in any court of competent jurisdiction.". 8. Amendment of s. 170. Section 170 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " Governor in Council in the Gazette " the words ", or of a ship (other than a ship of under fifty register tons) which plys between ports in the Commonwealth and ports outside the Commonwealth, provided such ship is registered under the provisions of the Merchant Shipping Act at a port in the Commonwealth and is owned by a person having his principal place of business in the Commonwealth or by a corporation formed or constituted under the laws of the Commonwealth or a State of the Commonwealth and which has its principal place of business in the Commonwealth,"; (b) in subsection (2), inserting after the words " Governor in Council in the Gazette " the words ", or of a ship (other than a ship of under fifty register tons) which plys between ports in the Commonwealth and ports outside the Commonwealth, provided such ship is registered under the provisions of the Merchant Shipping Act at a port in the Commonwealth and is owned by a person having his principal place of business in the Commonwealth or by a corporation formed or constituted under the laws of the Commonwealth or a State of the Commonwealth and which has its principal place of business in the Commonwealth.". 9. Amendment of s. 171 . Section 171 of the Principal Act is amended by, in subsection (1), omitting all words after the word " ship " and inserting in their stead the words " which is not plying in accordance with the provisions of subsections (1) and (2) of section 170 of this Act.".

4 Queensland Marine Act Amendment Act 1972, No. I 10. New Part XA. The Principal Act is amended by inserting after section 196 the following heading and section:- PART XA-REGULATION AND CONTROL OF AIR CUSHION VEHICLES 196A. Regulations in respect of air cushion vehicles. Without limiting the general power to make regulations conferred by section 264 of this Act, regulations may be made under that section prescribing either generally or to meet particular cases such matters and things as the Governor in Council considers necessary or desirable for regulating and controlling, and, where he deems it necessary, prohibiting the use of air cushion vehicles on or over waters in the jurisdiction or on or over foreshores other than those -held by or under the control and management of a Harbour Board or the Harbours Trust pursuant to the provisions of The Harbours Acts 1955 to 1968 and, in the case of regulating and controlling such use, prescribing circumstances, terms and conditions under and upon which air cushion vehicles may be so used, and providing that any provisions of this Act applicable to a vessel shall be applicable to an air cushion vehicle.". 11. New s. 251A. (1) The Principal Act is amended by inserting after section 251 the following section:- " 251A. Tonnage of ships where more than one tonnage specified. (1) Where in the certificate of registry or other national papers specifying current gross tonnage of a ship more than one gross tonnage is specified or where it is ascertained pursuant to section 251 of this Act that a ship has more than one gross tonnage, the greatest gross tonnage so specified or ascertained shall for the purposes of this Act be the gross register tonnage of the ship. (2) Where in the certificate of registry or other national papers specifying current net tonnage of a ship more than one net tonnage is specified or where it is ascertained pursuant to section 251 of this Act that a ship has more than one net tonnage, the greatest net tonnage so specified or ascertained shall for the purposes of this Act be the net register tonnage of the ship.". (2) The Principal Act shall have effect and be deemed for all purposes to have had effect as if it had originally been enacted to include section 251A, inserted by subsection (1) of this section.

Queensland Marine Act Amendment Act 1972, No. 1 5 12. Amendments relating to currency references. The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE [s. 121 AMENDMENTS RELATING TO DECIMAL CURRENCY Provisions to be amended Omit Insert Section 17 (4) Section 17 (5) Section 17 (6) (iv) Section 17 (7) Section 18 (5) Section 18 (6) (a) Section 20.. Section 21 (2) Section 23 (2) (a) Section 23 (3) (a) Section 24 (6) Section 30 (1) Section 30 (3) Section 37 (1) Section 37 (2) Section 38 Section 39 Section 47 (3) Section 48 (1) (b) Section 50 (1) (b) Section 51 (2) Section 53 (1) Section 53 (2) Section 55 Section 59 (1) Section 59 (2) Section 62 Section 64 (1) Section 64 (2) Section 68 ( 1) (ii) Section 73 Section 76 (2) Section 76 (4) Section 79 (1)- Column 2 of Table Section 81 Section 82 (1) Section 88 (4) Section 89 (1) Section 90 (3.) Section 91 (1) (A) Section 91 (1) (B) Two hundred pounds Two hundred pounds one hundred pounds Fifty pounds Fifty pounds Two hundred pounds Two hundred pounds two hundred pounds Two hundred pounds Two hundred pounds Two hundred pounds Fifty pounds Fifty pounds One hundred pounds One hundred pounds One hundred pounds Fifty pounds Two hundred pounds Ten pounds Fifty pounds Twenty-five pounds Fifty pounds .. Twenty-five pounds Five hundred pounds Twenty pounds Twenty pounds Five hundred pounds Thirty pounds Twenty pounds ten pounds three pounds six hundred pounds six hundred pounds forty pounds (where four times occurring) twenty pounds (where twice occurring) Forty pounds Forty pounds Twenty pounds One hundred pounds One hundred pounds two shillings four shillings $400 $400 $200 $100 $100 $400 $400 $400 $400 $400 $400 $100 $100 $200 $200 $200 $100 $400 $20 $100 $50 $100 $50 $1,000 $40 $40 $1,000 $60 $40 $20 $6 $1,200 $1,200 $80 (in each case) $40 (in each case) $80 $80 $40 $200 $200 twenty cents forty cents

6 Queensland Marine Act Amendment Act 1972, No. 1 THE SCHEDULE- continued AMENDMENTS RELATING TO DECIMAL CURRENCY- Continued Provisions to be amended Omit Insert Section 91 (1) (C) Section 92 Section 93 (2) Section 93 (3) Section 94 (2) (b) Section 94 (3) Section 94 (6) Section 95 (2) Section 99 (3) Section 101 (6) Section 102 (4) Section 103 (2) Section 104 (3) Section 104 (5) (b) Section 104 (8) Section 105 (3) Section 106 (1) Section 106 (2) Section 108 (1) Section 108 (3) Section 108 (5) Section 111 (3) (a) Section 113 (3) Section 115 Section 121 (2) Section 121 (3) Section 123 (2) Section 127 (1) Section 127 (5) Section 128 (2) Section 128 (2) Section 131 (3) Section 134 (1) Section 134 (2) Section 134 (2) Section 135 (1) Section 135 (2) Section 135 (2) Section 135 (3) Section 136 (3) Section 136 (3) Section 137 (2) Section 137 (2) Section 137 (3) Section 139 (3) Section 142 (2) Section 147 (1) six shillings .. Twenty pounds One hundred pounds Two hundred pounds One hundred pounds One hundred pounds ... One hundred pounds fifteen shillings Forty pounds Two hundred pounds Two hundred pounds Two hundred pounds Fifty pounds Fifty pounds Fifty pounds Fifty pounds Fifty pounds Fifty pounds Fifty pounds One hundred pounds Twenty pounds Three hundred pounds Two hundred pounds Ten shillings .. . . Twenty pounds Twenty pounds Fifty pounds One hundred pounds Fifty pounds three hundred pounds one hundred pounds One hundred pounds One hundred pounds five hundred pounds one hundred pounds Three hundred pounds five hundred pounds two hundred and fifty pounds Three hundred pounds Three hundred pounds One hundred and fifty pounds Three hundred pounds One hundred and fifty pounds Three hundred pounds three hundred pounds three hundred pounds One hundred pounds sixty cents $40 $200 $400 $200 $200 $200 one dollar fifty cents $80 $400 $400 $400 $100 $100 $100 $100 $100 $100 $100 $200 $40 $600 $400 One dollar $40 $40 $100 $200 $100 $600 $200 $200 $200 $1,000 $200 $600 $1,000 $500 $600 $600 $300 $600 $300 $600 $600 $600 $200

Queensland Marine Act Amendment Act 1972, No. 1 THE SCHEDULE- continued AMENDMENTS RELATING TO DECIMAL CURRENCY - continued Provisions to be amended Omit Insert 7 Section 148 Section 148 Section 150 (2) Section 151 (2) Section 152 (2) Section 152 (2) Section 154 (2) Section 156 (2) Section 158 (2) Section 159 Section 165 (3) Section 166 (3) Section 167 (1) Section 167 (3) Section 168 (3) Section 169 (2) Section 173 (3) Section 173 (4) Section 175 (2) Section 176 (1) Section 176 (2) Section 176 (3) Section 179 (6) Section 180 (vi) Section 184 (2) Section 193 Section 195 (4a) Section 196 (4) (xxi) Section 198 (1) Section 198 (2) Section 198 (2) Section 199 (1) Section 199 (3) Section 202 (1) Section 202 (2) Section 203 (1) Section 208 (1) Section 208 (4) Section 209 Section 210 Section 211 (1) Section 215 (1) Section 218 (1) Section 222 (3) Section 224 (4) Section 226 (2) Section 226 (3) five hundred pounds two hundred pounds Two hundred pounds Five hundred pounds five hundred pounds one hundred pounds Three hundred pounds Two hundred pounds Two hundred pounds Two hundred pounds one hundred pounds one hundred pounds One hundred pounds One hundred pounds One hundred pounds One hundred pounds fifty pounds fifty pounds ten pounds ten pounds two pounds ten pounds Two hundred pounds one hundred pounds One hundred pounds Fifty pounds Fifty pounds two hundred pounds Two hundred pounds three pounds fifteen pounds One hundred pounds One hundred pounds Two hundred pounds Two hundred pounds One hundred pounds two hundred pounds One hundred pounds Fifty pounds Three hundred pounds Two hundred pounds One hundred pounds one hundred pounds Two hundred pounds Five hundred pounds Five hundred pounds Five hundred pounds $1,000 $400 $400 $1,000 $1,000 $200 $600 $400 $400 $400 $200 $200 $200 $200 $200 $200 $100 $100 $20 $20 $4 $20 $400 $200 $200 $100 $100 $400 $400 $6 $30 $200 $200 $400 $400 $200 $400 $200 $100 $600 $400 $200 $200 $400 $1,000 $1,000 $1,000

8 Queensland Marine Act Amendment Act 1972, No. 1 THE SCHEDULE -continued AMENDMENTS RELATING TO DECIMAL CURRENCY- continued Provisions to be amended Omit insert Section 226 (4) .. Section 227 (2) Section 228 (2) Section 234 (4) Section 234 (4) Section 234 (8) Section 246 (3) Section 248 (1) Section 248 (2) Section 257 Section 258 (1) Section 264 (3) Five hundred pounds Five hundred pounds Two hundred pounds five hundred pounds one hundred pounds one hundred pounds Three hundred pounds Three hundred pounds Three hundred pounds Twenty pounds .. Twenty-five pounds .. one hundred pounds .. $1,000 .. $1,000 .. $400 .. $1,000 .. $200 .. $200 .. $600 .. $600 .. $600 .. $40 .. $50 .. $200