Queensland Marine Act Amendment Act 1975 (Qld)

535 Lurrit5htlt r ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 48 of 1975 An Act to amend the Queensland Marine Act 1958-1972 in certain particulars [ASSENTED TO 9TH OCTOBER, 19751 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 1975. (2) The Queensland Marine Act 1958-1972 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Queensland Marine Act 1958-1975.

536 Queensland Marine Act Amendment Act 1975, N o. 48 2. Commencement of Act. (1) This Act shall not come into operation until after Her Majesty's pleasure hereon has been publicly signified in this State. (2) After the signification of the said pleasure, this Act shall come into operation on a date fixed by Proclamation. 3. New s. 5A. The Principal Act is amended by inserting after section 5 the following section:- " 5A. Act applies to Her Majesty' s Ships. ' This .Act, including every Proclamation, Order in Council, regulation or rule hereunder shall apply to Her Majesty's Ships.". 4. Amendment of s. 6 . Section 6 of the Principal Act is amended by omitting paragraph (i). 5. Amendment of s. 8. Section 8 of the Principal Act is amended by- (a) in the term " Coaster " inserting after the word " departure " the words " or employed for charter or letting out for hire or reward "; (b) omitting the term " Fishing vessel " and substituting the following term:- " Fiisshhiningg vessel "-Any vessel equipped for or employed or intended to be employed in taking aquatic organisms for a commercial purpose: The term does not include a vessel employed primarily in, transporting such organisms taken from another vessel or in processing such organisms or a vessel that is employed at any time in trade;"; (c) omitting the term " Passenger coaster " and substituting the following term:- " " Passenger coaster "-Any coaster that carries on board or is certificated to carry on board more than six passengers;". 6. Amendment of s. 18. Section 18 of the Principal Act is amended by, in paragraph (a) of subsection (5), omitting the words " an inspector-" and substituting the words " a shipping inspector-". 7. New s. 18A . The Principal Act is amended by inserting after section 18 the following section:- " 18A. IaapectorTs powers to ascertain name and address. (1) A shipping inspector, or an honorary inspector duly authorized in that behalf by the Minister, who- (a) finds any person committing an offence against this Act; (b) reasonably suspects any person of having committed an offence against this Act; (c) is making an examination or inquiry with a view to establishing whether or not an offence against this Act has been or is being committed by any person; or (d) is questioning any person with respect to matters within the application of this Act, may require that person to state .his name and the address of his. usual place of residence and may require the production of evidence of the correctness of a name or address given.

Queensland Marine Act Amendment Act 1975, No. 48 537 (2) A person who, being required by a shipping inspector or an honorary inspector to state his name or address- (a) fails to comply with the requisition; or (b) states a name or address that is false in any particular, commits an offence against this Act. (3) A person who, being required by a shipping inspector. or an honorary inspector to produce evidence as to the correctness of a name or address- (a) fails to comply with the requisition; or (b) produces evidence that is false in any particular, commits an offence against this Act.". 8. Amendment of s. 113. Section 113 of the Principal Act is amended by, in subsection (1), omitting the words " at least once in every period of twelve months " and substituting the words " at such times as are prescribed by regulations and ". 9. New s. 114A. The Principal Act is amended by inserting after section 114 the following section:- " 114A. Appeal to Board . (1) It the owner of any ship feels aggrieved by the declaration of survey of a shipwright surveyor or an engineer surveyor or by the refusal of such a surveyor to give a declaration of survey he may, within 30 days (or such further period as the Board may allow) after the delivery to him of the declaration or notification issued pursuant to section 114 (2), appeal to the Board against the declaration or refusal. (2) An appeal under this section shall be instituted by delivery to the secretary of a notice of appeal in writing which shall set forth clearly and concisely the grounds upon which the appeal is made. (3) The chairman shall require the surveyor who issued the declaration or notification pursuant to section 114 (2), within 30 days after being so required, to furnish to the chairman a report on the questions raised by the appeal, and the chairman may, if he thinks fit, request other persons to furnish reports on those questions. (4) The appeal and reports shall, as soon as convenient, be considered by the Board (together with any othergnatter the Board thinks fit to consider on the questions raised by the appeal) and the Board may, if it thinks fit, issue an amended declaration or, in the case of a refusal to give a declaration of survey, issue a declaration of survey. (5) The Board's determination on the appeal shall be final and shall not be questioned in any proceeding whatever.". 10. New s. 117A. The Principal Act is amended by inserting after section 117 the following section:- " 117A. Exemption of ships. (1) Without limiting the powers of the Governor in Council to exempt any ship or class of ships conferred by section 261, the Board may, if it thinks fit, exempt any ship from any specified requirement prescribed pursuant to section 117 (2) if it is satisfied that--= (i) the requirement has been substantially complied with in the case of that ship;

538 Queensland Marine Act Amendment Act 1975, No. 48 (ii) compliance with the requirement is unnecessary in the circumstances of the case; or (iii) the action taken or provision made as regards the subject matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement. (2) The Board may issue in respect of the ship, in the prescribed form, an exemption certificate specifying the requirement from which the ship is exempt and the conditions, if any, subject to which the ship is exempt, and may at any time cancel any certificate so issued. (3) Where an exemption certificate specifies conditions subject to which the ship is exempt from a requirement specified in the certificate and the conditions are not complied with, the owner and master of the ship each commits an offence against this Act. Penalty: $400.". 11. Amendment of s. 179. Section 179 of the Principal Act is amended by, in subsection (3), omitting the words " sixty-five years " and substituting the words " sixty years ". 12. Amendment of s. 240. Section 240 of the Principal Act is amended by, in paragraph (i) of subsection (1), omitting the words " his last known place of abode or business " and substituting the words ", or by sending the same by registered post addressed to, his place of abode or business last known to the person by whom the same is left or, as the case may be, sent ". 13. Repeal of and new s. 250. The Principal Act is amended by repealing section 250 and substituting the following section:- " 250. Calculation of tonnage . (1) For the purposes of this Act the tonnage of a ship shall be the tonnage specified in the certificate of registry or other national papers specifying the tonnage of the ship unless the regulations prescribe a method of calculation of tonnage in which case the tonnage of a ship shall be that calculated in accordance with the method prescribed. (2) Without limiting the general power to make regulations conferred by section 264 of this Act, regulations may be made under that section prescribing the method of calculation of the tonnage of a ship.". 14. Repeal of and new s. 251. The Principal Act is amended by repealing section 251 and substituting the following section:- " 251. Measuring of ship when tonnage in question. When any question arises as to the tonnage of a ship, any person appointed, whether generally or specially, by the Board in that behalf may measure the ship and in measuring the ship he shall comply with the regulations made under the Merchant Shipping Act, unless the regulations made under this Act prescribe a method of measurement in which case such person shall comply with the method prescribed.".

Queensland Marine Act Amendment Act 1975, No. 48 539 15. New s. 264A. The Principal Act is amended by inserting after section 264 the following section:- " 264A. Regulations may adopt standards . The regulations may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution, The Association of Australian Port and Marine Authorities or a like body identified in the regulations.".