Queensland Marine Act Amendment Act 1981 (Qld)

865 t(u eext5Iczxth ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 88 of 198]_ An Act to amend the Queensland Marine Act 1958-1979 in certain particulars [ASSENTED TO 23RD NOVEMBER, 1981]

866 Queensland Marine Act Amendment Act 1981, No. 88 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 1981. (2) In this Act the Queensland Marine Act 1958-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Queensland Marine Act 1958-1981. 2. Commencement of Act. (1) This Act shall not come into operation until after Her Majesty's pleasure hereon has been publicly signified in the State. (2) Subject to subsection (1), this Act shall come into operation on a date to be fixed by Proclamation. 3. Amendment of s. 3. Parts of this Act. Section 3 of the Principal Act is amended by- (a) omitting all words from and including the words " PART Ill." to and including the words " Engine-room Log Book (ss.104-106):" and substituting the following words:- PART III-MANNING OF SHIPS (ss. 22-63); Division 1-Manning Committee (ss. 22-27); Division II-Employment of Seamen (ss. 28-63); PART IV-EXAMINATIONS AND CERTIFICATES OF COMPETENCY (ss. 64-73);"; (b) in the heading " PART VJ.-SURVEY OF SHIPS (ss. 111-123)"-- (i) omitting the word " OF " and substituting the words " AND REGISTRATION OF CERTAIN "; (ii) omitting the expression " 123 " and substituting the expression 124A "; (c) in the heading " PART VII.-SAFETY AND PREVENTION OF ACCIDENTS (SS. 124-159) ", omitting the expression " 124 " and substituting the expression " I24s "; (d) in the heading " Division I.-Application (s. 124)" omitting the expression "(s. 124)" and substituting the expression "(s. 124B)". 4. Amendment of s. 8. Meaning of terms. Section 8 of the Principal Act is amended by in subsection (1)- (a) omitting the definition "Agreement " and substituting the following definition:- "Agreement "-An agreement between the owner, his agent, or his representative and a seaman related to employment aboard a ship "

Queensland Marine Act Amendment Act 1981, No. 88 867 (b) omitting the definition "Amidships "; (c) omitting the definition " Brake horse power "; (d) inserting after the definition " Coaster " the following definition:- " Commmmeerrcciaial l vessel "-a vessel which is used in trade or which is not used solely for pleasure or recreation: The term does not include- (i) A fishing vessel; (ii) An off-shore industry mobile unit within the meaning of the Commonwealth Navigation Act; or (iii) An off-shore industry vessel within the meaning of the Commonwealth Navigation Act and to which such Act applies;"; (e) omitting the definition " Dangerous goods " and substituting the following definition:- y "" Dangerous goods "-Goods as so defined and classified in the International Maritime Dangerous Goods Code published by the inter-Governmental Maritime Consultative Organisation;"; (f) omitting the definition " Equipment " and substituting the following definition:- Equipment "-In relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the operation of the ship and includes life-saving appliances, fire-fighting appliances, cargo handling equipment, mooring equipment, towing equipment, sanitary appliances including effluent holding tanks and treatment systems. miscellaneous equipment, radio equipment. lights and sound signals and medical stores:": (g) omitting the definition " Explosive " and substituting the following definition:- Explosive "-Any explosive as defined and classified in the International Maritime Dangerous Goods Code published by the Inter-Governmental Maritime Consultative Organisation;": (h) omitting the definition " Fishing vessel " and substituting the following definition:- Fishing vessel "-A vessel used or intended to be used for catching fish, whales, seals, walrus or other living resources of the sea for a commercial purpose but excluding any vessel engaged in harvesting or transportation of algae or aquatic plants or that is primarily a carrier or mother vessel or that is employed at any time in trade;"; (i) omitting the definition " Foreign-going ship "; (j) omitting the definition " Freeboard "; (k) omitting the definition " Government magazine "; (I) omitting the definition " Harbour and river ship ";

868 Queensland Marine Act Amendment Act 1981, No. 88 (m) inserting after the definition " Incompetent " the following definitions:- " " Inter-State voyage ", in relation to a ship, means a voyage (other than an overseas voyage ) in the course of which a ship travels between- (i) A port in a State and a port in another State; (ii) A port in a State and a port in a Territory; or (iii) A port in a Territory and a port in another Territory, whether or not the ship travels between two or more ports in any one State or Territory in the course of the voyage; " Intra-State voyage "-a voyage or excursion other than an overseas voyage or an inter -State voyage; (n) omitting the definition " Machinery " and substituting the following definition:- Machinery "-Includes boilers, engines, pumps, fuel and bilge systems, cranes , winches, windlasses, and electrical and other ancillary equipment used in the operation of a ship; (o) omitting the definition " Magazine "; (p) omitting the definition " Merchant Shipping Act " and substituting the following definition:- "" Merchant Shipping Act "-The Merchant Shipping Act, 1894 of the United Kingdom as in force as part of the law applying in Queensland at the material time; "; (q) omitting the definition " Nominal horse power "; (r) omitting the definition Officer " and substituting the following definition:- "Officer "-A member of the crew, other than the master, designated as such by collective agreement or custom within the maritime industry; "; (s) omitting the definition Officer. in charge of Government magazines "; (t) inserting after the definition " Official the following definition:- Overseas voyage "-In relation to a ship, means a^voyage in the course of which the ship travels between- (i) A port in Australia and a port outside Australia: (ii) A port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia: (iii) A port outside Australia and a place in the waters of the sea above the contintental shelf of Australia: (iv) A place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia: (v) Ports outside Australia; or

Queensland Marine Act Amendment Act 1981, No. 88 869 (vi) Places beyond the continental shelf of Australia, whether or not the ship travels between 2 or more ports in Australia in the course of the voyage: Provided that a voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in the jurisdiction, commencing at a port in the jurisdiction and ending at the same port or another port in the jurisdiction shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea;'*; (u) omitting the definition " Owner " and substituting the following definition:- " " Owner "-In relation to a ship means any person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an owner whether on his own behalf or on behalf of another person and includes a person who is the owner jointly with any other person or persons and in all cases where the owner or joint owner is a body corporate both the manager and the secretary of the body corporate; "; (v) omitting the definition " Passenger " and substituting the following definition:- " " Passenger "-Any person other than- (i) The master and the members of the crew or other persons employed or engaged in any capacity on board a vessel on the business of that vessel; and (ii) A child under 1 year of age; "; (w) omitting the definition " " Register tonnage " or tons " " ; register (x) omitting the definitions " Restricted limit ship " and " Restricted limits (y) omitting the definition " Seaman " and substituting the following definition:- "" Seaman "-A person employed or engaged in any capacity on board a vessel on the business of the vessel other than a pilot or a person temporarily employed on the vessel in port; "; (z) inserting after the definition " Trade " the following definition:- " Uniffoorrmm Code "-The Uniform Shipping Laws Code adopted by the Conference of Commonwealth and State Ministers known as the Marine and Ports Council of Australia; ". 5. Amendment of s. 17. Surveyors. Section 17 of the Principal Act is amended by- (a) in subsection (4), omitting the expression " $400 " and substituting the expression " $2 000 "; (b) in subsection (5), omitting the expression " $400 " and substituting the expression " $2 000 ";

870 Queensland Marine Act Amendment Act 1981, No. 88 (c) in paragraph (iv) of subsection (6), omitting the expression " $200 " and substituting the expression " $1000 "; (d) in subsection (7), omitting the expression " $100 " and substituting the expression " $500 ". 6. Amendment of s. 18. Shipping inspectors . Section 18 of the Principal Act is amended by- (a) in subsection (5), omitting the expression " $100 " and substituting the expression " $500 "; (b) in subsection (6), omitting the expression " $400 " and substituting the expression " $2 000 ". 7. Amendment of s. 20. Refusing to produce documents , etc. Section 20 of the Principal Act is amended by omitting the expression " $400 and substituting the expression " $2 000 8. Amendment of s. 21. Obstruction , etc. Section 21 of the Principal Act is amended by, in subsection (2) omitting the expression " S400 and substituting the expression " S2 000 9. Repeal of and new Part III. Officers . The Principal Act is amended by- (a) omitting the heading " PART III,-OFFICERS." appearing immediately before section 22; (b) repealing sections 22 to 31 (both inclusive); and (c) substituting the following heading and sections:- PART III-MANNING OF SHIPS Division I-iiIanning Committee 22. Application of Division . (1) This Division applies to- (i) Prescribed fishing vessels; and (ii) Commercial vessels, including prescribed lighters and dredgers, engaged on intra-State voyages. (2) (a) The Board from time to time if it thinks fit and to the extent and subject to such conditions, if any, as it deems necessary or desirable, may exempt any ship while plying under any circumstances considered unusual or exceptional by the Board, from any obligation imposed by this Division to carry any duly certificated master, officer, or other seaman and may at any time cancel any exemption so granted. (b) The Portmaster or harbour master may- (i) In the case of the death, injury, illness or desertion of a seaman where it is not practicable to engage a substitute seaman without unduly delaying the ship; or

Queensland Marine Act Amendment Act 1981, No. 88 871 (ii) In other circumstances that are beyond the control of the owner or master, grant permission in writing for a ship to ply on a voyage or excursion subject to such conditions as the Portmaster or harbour master considers necessary. Where permission is granted in circumstances referred to in subparagraph (i) the owner or master shall make every endeavour to obtain a substitute seaman as soon as possible. (c) If there is any contravention of or failure to comply with any condition imposed under paragraph (a) or paragraph (b), or failure to comply with the provisions of paragraph (b), the owner and the master of the ship shall each commit an offence against this Act, and the ship may be detained by the Board. 23. Manning committee. (1) There shall be a manning committee which shall determine the minimum manning for safety purposes of any ship. (2) The manning committee shall consist of a chairman, a deputy chairman and three other members appointed by the Minister. A quorum at any meeting of the manning committee shall be three members of whom the chairman or deputy chairman shall be one. (3) The manning committee may at the discretion of the Minister be comprised of the members of the Board, or may include any of those members. (4) The members of the manning committee shall hold office for such period and upon such terms and conditions as may be determined by the Minister, and shall receive such fees and allowances as the Minister may from time to time determine. (5) The chairman shall preside at all meetings of the manning committee at which he is present. If the chairman is absent from any duly convened meeting the deputy chairman shall preside at the meeting. All questions before the manning committee shall be decided by a majority of the votes of the members present and voting. The person presiding at any meeting of the manning committee shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. 24. Chairman or deputy chairman may summon , etc. For the purposes of this Division the chairman or deputy chairman of the manning committee may- (i) By summons under his hand require any person to attend before the committee; (ii) Require any person to give oral or written answers to any questions relating to any matter before the committee; (iii) By summons under his hand require any person to produce any books, maps, plans, papers or documents relating to any matter before the committee;

872 Queensland Marine Act Amendment Act 1981, No. 88 (iv) Enter and inspect, together with such members of the committee as may be expedient, any ship in respect of which a determination is to be made, and for the purposes of such entry or inspection. enter any premises adjacent to the ship. 25. Minimum complement of ships. (1) The manning committee shall determine- (i) The minimum qualification of the master; (ii) The minimum number of qualified officers of specified designations, if any; and (iii) The minimum number of other seamen of specified designations, if any, which in the opinion of the committee is necessary for the safety of the ship. (2) The determination may provide for a ship or each ship in a class of ships to carry a master of a different designation and to carry a different number of qualified officers of specified designations and a different number of other seamen of specified designations- (i) For different voyages; (ii) For the carriage of different cargoes; (iii) For the performance of different operations done by or in relation to the ship; and (iv) According to whether the ship is in port or at sea. 26. Board to direct owner as to minimum qualifications and number of crew. The Board, on the advice of the manning committee, shall determine in respect of a ship or each ship in a class of ships the qualifications of the master, the minimum number of qualified officers of specified designations, if any, and the mimimum number of other seamen of specified designations, if any, to be employed on board a ship for the voyage or voyages or operation or operations in which the ship is to be engaged. 27. Ships to have certificated officers. (1) Subject to section 22, a ship to which this Division applies shall not go to sea or ply on any voyage or excursion unless the ship is provided with a duly certificated master, and, if so prescribed, other duly certificated officers and other seamen as determined by the Board: Provided that the Board may grant a permit to a person to act as a duly certificated officer during such period as the Board determines, in which case the person shall during the currency of the permit be deemed to be a duly certificated officer for the purposes of this section. (2) (a) If a ship goes to sea or plies on any voyage or excursion in contravention of subsection (1), both the owner and the master of the ship shall each commit an offence against this Act. Penalty: $2 000.

Queensland Marine Act Amendment Act 1981, No. 88 873 (b) If a ship attempts to go to sea or ply on any voyage or excursion in contravention of subsection (1), the ship may be detained by the Board until that ship is provided with a duly certificated master and if so prescribed other seamen as directed by the Board. (3) (a) Any person who- (i) Unless he is duly certificated, permits himself to be engaged, or who acts, as master or an officer with which any ship is required by this section to be provided; (ii) Employs or permits any person to act in contravention of subparagraph (i) as the master or an officer with which any ship is required by this section to be provided, either knowingly or without using reasonable means (proof whereof shall lie on him) to ascertain that the person so acting is duly certificated; or (iii) Fraudulently engages or permits to be engaged any duly certificated master or officer to serve on board a ship for the purpose only of enabling the ship to go to sea and not for the purpose of the whole voyage or excursion, or who, being a duly certificated master or officer, fraudulently engages himself for that purpose, commits an offence against this Act. Penalty: $2 000. (b) If any duly certificated master or officer engaged to serve as such on board any ship quits the ship before or during a voyage or excursion he shall be deemed, unless he proves to the contrary, to have been fraudulently engaged and to have fraudulently engaged himself as specified in subparagraph (a) (iii). (4) In relation to a ship a person shall be deemed not to be duly certificated unless- (a) He is the lawful holder for the time being of a valid certificate of competency or of service which has been granted under this Act or any of the repealed Acts or, which not having been so granted, is recognized for the purposes of this Act of a grade or class proper for the ship and voyage or excursion and appropriate to his station in that ship, or of a higher grade or class: or (b) He'holds for the time being a current permit to act in the capacity of a duly certificated officer granted by the Board pursuant to subsection (1). (5) Certificates of competency or of service granted or recognised under the Navigation Act or by the Board of Trade, or by any other competent authority recognised as such by the Board shall while in force and at the discretion of the Board notified in writing to the holder thereof be recognised for the purposes of this Part.

874 Queensland Marine Act Amendment Act 1981, No. 88 Division II-Employment of Seamen 28. Agreement to be entered into . (1) Unless otherwise expressly provided, this Division shall apply to all coasters (including passenger coasters) of 35 metres and over in length, engaged on intra-State voyages. (2) Subject to subsection (5) and to section 30, the master of a ship shall not take the ship to sea unless the owner, his agent, or his representative has entered into an agreement with every seaman who is carried on the ship to serve as one of the crew of that ship. (3) In the case of a ship which engages or which the owner, his agent, or his representative reasonably anticipates will be engaged, during the currency of an agreement, on both intra-State and inter-State voyages, or on both intrastate and overseas voyages it shall be sufficient compliance with subsection (2) if the agreement has been entered into pursuant to the provisions of the Navigation Act. (4) The master of a ship shall keep the agreement made pursuant to subsection (2) or (3) on board the ship when the ship goes to sea, and shall lodge it with a superintendent whilst the ship is in port. (5) The Governor in Council may from time to time by notification published in the Gazette, exempt any ship or class of ship from the provisions of subsection (2), and while such notification remains in force any ship or ships included in such class shall be so exempted. (6) Where a ship is taken to sea in contravention of the provisions of this Division, the owner and the master shall each commit an offence against this Act. Penalty: $100 in respect of each seaman. 29. Form of and particulars in agreement . (1) The agreement referred to in section 28 shall be as prescribed by the Board (or in a form to the like effect) and shall unless otherwise provided in this Division, be signed in the presence of a superintendent. (2) The engagement of a seaman to be employed on board a ship shall be subject to the approval of a superintendent who shall not refuse such engagement except in the case of a seaman who is a suspended person, or is not adequately qualified for the position in which he is to be employed. (3) If, for the purpose of enabling a ship to be taken to sea, it is necessary, for any unforeseen cause, to engage a seaman to serve on the ship as a substitute in the place of a seaman who entered into an agreement pursuant to section 28, and it is not practicable before the ship is taken to sea to obtain the approval of a superintendent, the owner or the master acting on behalf of the owner may enter into an agreement with the substitute. (4) Where an owner or a master has engaged a substitute under the circumstances referred to in subsection (3) he shall report the engagement as soon as practicable to a superintendent.

Queensland Marine Act Amendment Act 1981, No. 88 875 30. Contracts of sea service may be entered into . (1) The owner of a ship or ships may, subject to this section, enter into a contract of sea service with a person, with respect to the employment of that person as a seaman on board that ship, or some or all of those ships, as the case requires. (2) Subject to subsection (5) a contract of sea service shall not be entered into unless it is in a form approved by the Portmaster and contains terms of employment as approved by the Portmaster. (3) Subject to subsection (5) a contract of sea service shall- (i) Be prepared in triplicate; (ii) Be signed by or on behalf of the owner in the presence of a superintendent; (iii) Be signed by the other party to the contract in the presence of the superintendent; and (iv) Be attested by the superintendent. (4) Section 28 (2) does not apply in relation to a ship where there is in force between the owner of the ship and seamen who are members of the crew of the ship, contracts of sea service. (5) If, for the purpose of enabling a ship to be taken to sea it is necessary, for any unforeseen cause, to engage a seaman to serve on the ship as a substitute in the place of a seaman who entered into a contract of sea service but it is not practicable, before the ship is taken to sea to have the contract signed in the presence of a superintendent, the owner of the ship, or the master of the ship acting on behalf of the owner, may enter into a contract of sea service with the substitute under subsection (1) and it shall be sufficient compliance with subparagraphs (ii), (iii) and (iv) of subsection (3) if the contract of sea service is signed in the presence of, and attested by, a person other than a superintendent. but the master of the ship shall, as soon as is practicable, report the engagement to a superintendent. 31. Engagement and supply of seamen . (1) A person shall not supply a seaman to be employed on board a ship unless that person is- (a) A superintendent; (b) The owner, the master, or an officer of the ship, or the authorised agent or servant of the owner; or (c) An officer of an organisation of employees of which the seaman is a member. (2) A person shall not employ, for the purpose of supplying a seaman to be employed on board a ship, a person who is prohibited by subsection (1) from supplying that seaman. (3) A person shall not engage- a seaman to be employed on board a ship unless that person is- (a) A superintendent; or

876 Queensland Marine Act Amendment Act 1981, No. 88 (b) The owner, the master, or an officer of the ship, or the authorised agent or servant of the owner. (4) A person shall not employ, for the purpose of engaging a seaman to be employed on board a ship, a person who is prohibited by subsection (3) from engaging that seaman. (5) A person shall not receive or accept for service on board a ship any seaman unless he is satisfied that the seaman has been engaged in accordance with this Act. (6) A person shall not demand or receive, directly or indirectly, remuneration from a person for providing, or promising to provide, a seaman with employment on a ship. Penalty: SI000. 32. Owner and seaman may agree as to contents of agreement or contract of sea service . An agreement or contract of sea service may, with the approval of the superintendent, include any lawful provisions agreed upon between the owner and the seaman. 33. Agreements and contracts of sea service to contain details of deck and load lines. (1) There shall be inserted in the agreement or contract of sea service before it is signed by any seaman, the particulars as to the position of the deck lines and the load lines specified in the load line certificate. (2) A superintendent shall not proceed with the engagement of the crew of a ship until- (i) There has been produced to him the load line certificate for the time being in force in respect of the ship; and (ii) He is satisfied that the particulars required by this section have been inserted in the agreement or contract of sea service. 34. Obligations as to seaworthiness . In every agreement or contract of sea service between the owner of a ship and any seaman, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that the owner and the master, and every agent charged with loading the ship or preparing it for sea or sending it to sea shall use all reasonable means to ensure the seaworthiness of the ship for the voyage or voyages the subject of that contract at the time when the voyage begins or each of those voyages begins, as the case may be, and to keep it in seaworthy condition for the voyage or each of those voyages, as the case may be, during that voyage or, as the case may be, each of those voyages. 35. Termination of agreements or contracts of sea service. agreement or contract of sea service with a seaman shall terminate- (a) By the mutual consent of the owner and the seaman; (b) By the death of the seaman ; An

Queensland Marine Act Amendment Act 1981, No. 88 877 (c) By the seaman becoming a suspended person pursuant to subsection 39 (6); (d) By the seaman being discharged pursuant to subsection 38 (3); (e) By the lawful dismissal of the seaman; (f) Where the agreement or contract of sea service to which the seaman is a party relates to a particular period, on the expiry of the period, or if that period expires during a voyage, on completion of that voyage; or (g) Where the agreement or contract of sea service to which the seaman is a party relates to a particular ship by reason of the wreck, stranding, or loss of that ship. 36. Official log book . (1) A log book, referred to in this Act as the official log book shall be kept on every ship in the form and manner prescribed by the Board. Forms of and the particulars to be inserted in official log books may be different for different classes of ships, and the particulars to be inserted therein shall be as prescribed, or as directed by the Board. (2) The official log book may, at the discretion of the master or owner, be kept distinct from, or united with, the ship's deck log book. (3) (a) Where this Act requires that an entry be made in an official log book it shall be- (i) Made as soon as possible after the occurrence to which it relates; and (ii) Made so as to show the date of the occurrence and the date of the entry. (b) Any person failing to comply with paragraph (a) commits an offence against this Act. Penalty: $500. (4) A person shall not, more than 24 hours after the arrival of a ship at her final port, make in the official log book any entry in respect of any occurrence which happened before her arrival. (5) (a) Every entry in the official log bookshall be signed by the master, and by some other officer or some other member of the crew and also- (i) If it is an entry of illness, injury, or death, by the medical officer on board (if any); (ii) If it is an entry of wages due to a deceased seaman, by another member of the crew; and (iii) If it is an entry of wages due to a seaman who enters Naval service, by the seaman, or the officer authorized to receive the seaman into that service. (b) The master of every ship on which an official log book is required to be kept shall not fail to have any entry in that book signed as required by paragraph (a) of this subsection. Penalty: $500.

878 Queensland Marine Act Amendment Act 1981, No. 88 (6) Every entry made in an official log book of a ship shall, in all courts, be admissible in evidence. (7) Every person who wilfully destroys or mutilates or renders illegible any entry in, or wilfully makes a false or fraudulent entry in, or wilfully omits to make an entry required by this Act to be made in, an official log book, commits an offence against this Act. Penalty: $1000. (8) The master of every ship on which an official log book is required to be kept shall- (i) On each occasion on which a seaman is discharged before a superintendent during the currency of the agreement or contract of sea service produce the official log book to the superintendent for inspection; (ii) Within 24 hours after the termination of the agreement or upon the discharge of the crew, whichever first happens. deliver the official log book to a superintendent: Provided that a copy of the official log book may be retained by the owner. Penalty: $500. 37. Transmission of official log book to superintendent on cessation of use. (1) When for any reason the official log book ceases to be required. the owner of the ship shall, within one month after the cessation , transmit to the superintendent at a port in the jurisdiction the official log book made up to the time of cessation: Provided that a copy of the official log book may be retained by the owner. (2) If a ship is lost or abandoned, the master or owner thereof shall if practicable, and as soon as possible, transmit to the superintendent at a port in the jurisdiction the official log book (if any) made up to the time of the loss or abandonment: Provided that a copy of the official log book may be retained by the owner. (3) A master or owner who fails without reasonable cause to comply with this section commits an offence against this Act. Penalty : $500. 38. Promotion , reversion , and disrating . (1) The master may promote a seaman and when doing so shall make an entry or cause an entry to be made in the official log book indicating- (i) The seaman's name and number of agreement or contract of sea service; (ii) The time, date, and place of promotion; (iii) The rank or rating to which the seaman is promoted; (iv) Any increase in wages consequent on the promotion; and (v) Whether the promotion is of a permanent or temporary nature.

Queensland Marine Act Amendment Act 1981, No. 88 879 (2) The seaman may be reverted to a lower classification or grade and rate of pay provided he had previously been employed during his current period of engagement at a lower classification or grade and the initial log book entry concerning his promotion indicated that it was of a temporary nature . The master shall cause the reversion to be entered in the official log book, indicating the time, date, and place the reversion took effect. (3) Where a seaman is disrated a statement of the disrating shall be entered by the master in the official log book and the master shall furnish a copy of the entry to the seaman, and shall ask the seaman to sign the entry to indicate that he is aware of the disrating and that he has received a copy of the entry. If the seaman refuses to sign the entry the master shall enter that fact in the-official log book. Where the seaman so refuses and if he so requests he shall be discharged and returned to his proper return port at the expense of the owner. (4) Any reduction of wages as a consequence of the disrating shall not be effective until the entry has been made and the copy made available to the seaman. (5) Any differences between the seaman disrated and the master or owner may be referred to a superintendent. 39. Discipline . (1) A person who commits a disciplinary offence may be dealt with in accordance with the provisions of this section and where a superintendent finds that he has committed such an offence the superintendent may impose on him such penalty as is prescribed by or pursuant to this section as he thinks fit. (2) It is a disciplinary offence on board a ship for a seaman- (i) To wilfully strike any person; (ii) To wilfully disobey a lawful command; (iii) Without reasonable cause, to fail to be available for duty at a time when required by the master or person authorized by the master, or to fail to report, or fail to remain, at his place of duty when required to do so; (iv) To be under the influence of alcohol or a drug to such an extent that he behaves in a disorderly manner, or is, in the opinion of the master, unfit to be entrusted with his duty; (v) Without the consent of the master, to bring or have in his possession on board the ship any offensive weapon; (vi) To wilfully and without reasonable cause damage the ship or any property on board the ship; (vii) Without reasonable cause, to take or be in possession of any property belonging to or in the custody of the owner of the ship or any person on board the ship; (viii) To commit an act amounting to a breach or neglect of duty; or (ix) To secrete, or assist in secreting, a stowaway on board the ship.

880 Queensland Marine Act Amendment Act 1981, No. 88 (3) The master may deal in the first instance with any charge or may refer the matter to a superintendent and in the latter case the master shall cause an appropriate entry to be made in the official log book. (4) (a) When the master deals with a charge related to a disciplinary offence he shall deal with it within 24 hours of the time the charge comes to his notice, unless it is not practicable to do so, in which case he shall cause an appropriate entry to be made in the official log book and shall deal with the offence as soon. as practicable. (b) The master shall read over and explain the charge to the seaman concerned and record in the official log book the nature of the charge and the fact that it has been so read over and explained. (c) The master shall ask the seaman so charged whether or not he admits the charge and shall record his answer in the official log book. (d) The seaman charged shall hear the evidence of any witness called and may question the witness. The seaman charged may call witnesses in his defence. (e) The master shall invite the seaman charged to make a statement in answer to the charge. (f) The master shall, after consideration of all the evidence, give his decision in the presence of the seaman as to whether or not he finds the offence was committed, and shall cause an appropriate entry to be made in the official log book. (5) The master shall advise a superintendent at the next port of call of the fact that a charge has been made, and shall furnish the superintendent with a written report, together with a copy of the relevant entry in the official log book. (6) If a superintendent finds that a seaman has committed a disciplinary offence he may- (a) Impose a fine not exceeding the fine prescribed for the offence by regulations; or (b) Suspend the seaman from serving on ships for such period as he thinks fit. (7) Where a 'superintendent suspends a seaman pursuant to subsection (6) he shall advise the master and seaman in writing of such suspension. (8) A fine imposed pursuant to subsection (6) shall be- (a) Deducted from the wages due to the seaman ; and (b) Paid to the superintendent. (9) A seaman aggrieved by an order of a superintendent made under subsection (6) may within 30 days after the order is served on him appeal against the order to a Magistrates Court constituted under the Justices Act1886-1980, which court has jurisdiction to hear and determine the appeal.

Queensland Marine Act Amendment Act 1981, No. 88 881 The appellant shall institute his appeal by lodging with the court written notice of his grounds of appeal and serving a copy of that notice on the superintendent who made the order. (10) The court hearing an appeal under subsection (9) may- (a) Set aside the order of the superintendent or vary it in such way as the court thinks fit; or (b) Disallow the appeal and confirm the order of the superintendent, and may make such order as to the costs of the appeal as it thinks fit. (11) Where the court sets aside the order of the superintendent- (a) The amount of the fine deducted pursuant to subsection (8) (a) shall be refunded to the seaman; and (b) Any entry of the superintendent's order made in any record kept in respect of the seaman shall be struck out of that record. (12) Every appeal under subsection (9) shall be heard on the best evidence available. The decision of the court on appeal shall be final and conclusive. 40. Desertion . (1) Where a seaman has deserted the ship the seaman shall not be entitled to wages from the time of his desertion and the master shall cause an entry of his desertion to be made in the official log book. (2) The master shall advise a superintendent at the next port of call of the desertion, and shall furnish the superintendent with a written report, together with a copy of the relevant entry in the official log book. (3) The superintendent shall deal with the matter in the manner prescribed for disciplinary offences in subsections (6), (7) and (8) of section 39. 41. Discharge of seamen . When any seaman is discharged from any ship at the termination of the agreement or contract of sea service the master or an officer designated for the purpose by the master shall sign and give to the seaman in the presence of a superintendent a certificate of discharge in the form prescribed (or in a form to the like effect): Provided that a superintendent may, if he deems it fit to do so, receive the certificate of discharge and in that case such receipt by the superintendent shall for the purposes of this section be deemed to be the giving of such certificate to the seaman. Penalty: $200. 42. Attestation of discharge . The superintendent shall attest every certificate of discharge signed before him by the master of a ship or by an officer designated for the purpose by the master and shall keep every certificate of discharge received by him until the seaman applies for it, when he shall deliver it to the seaman.

882 Queensland Marine Act Amendment Act 1981, No. 88 43. Seamen ' s wages. (1) Subject to subsection (3) when any seaman is discharged at the termination of the agreement or contract of sea service the owner shall pay the seaman, before or at the time he is given his discharge, the amount of wages due to him up to the time of his discharge, less any lawful deductions specified in the memorandum of account prescribed by subsection (2) and any other deductions approved by a superintendent. (2) The master of a ship on the discharge of a seaman shall deliver to the seaman a full and true account of the wages of the seaman, and of any deductions made or to be made from those wages on any account. (3) If the seaman requests that he be paid in the presence of a superintendent, the owner shall pay the seaman in the presence of a superintendent, or if that is not practicable, shall pay the amount due to the seaman to a. superintendent on behalf of the seaman. (4) The final settlement of a seaman's wages subject to the consent of the seaman , may be made by a superintendent, in which case the receipt signed by the superintendent shall be deemed to be a release given by the seaman for the purposes of subsection (5). (5) When the settlement of a seaman's wages is finalized, both the owner and the seaman shall sign a release of all claims in respect of the completed engagement other than any claim by the seaman against the owner that, by a note entered upon the release, is excepted from the release . The owner shall lodge with a superintendent a copy of any such release. (6) The owner and the seaman may agree to refer a question which has arisen between them to a superintendent. The superintendent may hear and decide the question and unless the contrary intention appears in the agreement or contract of sea service the decision of the superintentent shall be final and binding on both parties. (7) (a) Where the service on a ship of a seaman is terminated during the currency of an agreement or contract of sea service by reason of the wreck, stranding, or loss of the ship or by reason of the ship not being able to proceed on its voyage the owner shall pay- (i) The cost of conveyance of the seaman to the port of engagement, or at the option of the owner to the port of discharge mentioned in the agreement, or to such other port as is agreed upon, with the approval of a superintendent, between the owner and the seaman; and (ii) Wages, at the rate payable on the day of the termination of his service, in respect of each day during the period commencing on the day after the day of the termination of his service to the day on which he reaches the port to which he is so conveyed and for a period of 30 days after he reaches that port, provided that wages are not payable for any days for which remuneration as a seaman is received in respect of reporting for employment or employment on a ship.

Queensland Marine Act Amendment Act 1981, No. 88 883 (b) A seaman is not entitled to wages in respect of a day on which his conveyance is delayed by his own act, default, or neglect. (c) Subject to paragraph (d) where- (i) The period for which a seaman is entitled to wages under paragraph (a) (ii) is less than 60 days: and (ii) He is not remunerated as a seaman in respect of reporting for employment or employment on a ship after he reaches the port to which he is conveyed under paragraph (a) (i). the seaman is entitled to wages, at the rate payable on the day of the termination of his service, for each day on which he does not otherwise receive such remuneration, not being a day which is more than 60 days after the day on which his service was terminated. (d) A seaman is not entitled to wages under paragraph (c) where the owner shows that the unemployment was not due to the wreck, stranding. or loss of the ship or by reason of the ship not being able to proceed on its voyage. (e) Where a seaman is engaged by the run and his service is terminated by reason of the wreck, stranding, or loss of the ship the seaman is entitled to the wages to which he would have been entitled if the agreement or contract of sea service had not been terminated until the end of the run, subject to all just deductions. 44. Jurisdiction as to wages. (1) The Supreme Court of Queensland and any court having Admiralty jurisdiction, and any court having civil jurisdiction in respect of the amount of the claim, shall have jurisdiction to try and determine the following causes- (i) Any claim by or on behalf of a seaman for wages earned by him on board a ship: and (ii) Any claim by or on behalf of the master of a ship for disbursements made by him on account of the ship. (2) If any cause referred to in subsection (1) tried in the Supreme Court, or in a court having Admiralty jurisdiction is one which might have been brought in a Magistrates Court within the meaning of the MagistratesCourts Act1921-1976 or in a District Court within the meaning of the DistrictCourts Act1967-1980, the plaintiff shall only be entitled to such costs as the court or judge allows, such costs not to exceed reasonable costs on the scale applicable- (i) To the Magistrates Court if the cause is one that might have been brought in the Magistrates Court: (ii) To the District Court if the cause is one that might have been brought in the District Court, unless the court or judge certifies that the cause was a fit one to be tried in the higher court. (3) Subsection (2) shall not apply to a proceeding for th; r_covery of wages by or o.i be'ialf of any seaman in any case where - (i) The owner of the ship is declared bankrupt or insolvent or being a body corporate is being wound up according t:) the laws of the place of its incorporation;

884 Queensland Marine Act Amendment Act 1981, No. 88 (ii) The ship is under arrest or is sold by the authority of any court; (iii) The case has been referred to the court by an inferior court: or (iv) The owner is not or does not reside within Queensland. If the owner is a body corporate, the owner shall for the purposes of this paragraph be deemed to reside in Queensland if the body corporate has an office in Queensland at which service of writs may be effected. (4) Where any sum not exceeding S2 500 is due for wages to any seaman he, or a person duly authorized on his behalf, may sue for and recover it with costs in a Magistrates Court within the meaning of the Magistrates Court Act 1921-1976 in the Magistrates Court district- (i) Where the service has terminated; -. (ii) Where the seaman has been discharged; or (iii) Where the person from whom the wages are due is or resides, or if that person is a body corporate. where it has an office at which service of writs may be effected. (5) Every judgment or order for payment made by the Court under subsection (4) shall contain a direction that the person liable shall pay the amount thereby payable within a time to be named in the judgment or order. (6) Subsection (4) shall not be exclusive, but any seaman or a person duly authorized in his behalf shall have the right to elect to proceed thereunder or to recover the wages concerned in any other manner provided by law. (7) This section applies subject to the Industrial Conciliation and Arbitration Act 1961-1980. 45. Seaman to be allowed ashore for certain purposes . (1) Where a seaman on board a ship in port informs the master that he wishes to go ashore- (i) For the purpose of consulting a superintendent in connexion with a matter related to his employment on the ship: or (ii) For a purpose connected with legal proceedings, or proposed legal proceedings against the master or a member of the crew of a ship, the master shall not refuse the seaman leave to go ashore for that purpose at any reasonable time. (2) A seaman shall not seek or obtain leave to go ashore for the purposes specified in subsection (1) by means of a false or misleading statement or pretence or for a reason which is frivolous or vexatious. Penalty: $200. 46. Seaman not bound by assignment or sale of salvage prior to the accruing thereof . An assignment or sale of salvage prior to the accruing thereof shall not bind a seaman, and a power of attorney or authority to receive any such salvage shall be revocable.

Queensland Marine Act Amendment Act 1981, No. 88 885 47. Seaman not to be forced on shore or left behind . A person shall not wrongfully force on shore and leave behind at any place a seaman. or cause a seaman to be wrongfully left behind at any place. Penalty: $1000. 48. Superintendent to be notified if seaman to be left behind. (1) Subject to subsection (2) the master of a ship shall not take the ship to sea rom any port at which he has left behind a seaman, or at which he proposes to leave behind a seaman unless he has notified a superintendent. (2) Subsection (1) does not apply in circumstances in which a seaman has been formally discharged in accordance with this Division, or where he is left behind, or is proposed to be left behind, in accordance with the terms of his agreement or contract of sea service. 49. Wages and effects of seaman left behind. (1) Subject to subsection (5), if a seaman (other than a seaman who has been formally discharged in accordance with this Division) is left on shore at any port from a ship the master shall- (i) Prepare a full and true account of the wages of the seaman and of the deductions to be made on any account from those wages, and enter in the official log book the balance of wages due to the seaman ; (ii) Take into his charge any effects of the seaman and enter in the official log book particulars of those effects; (iii) Deliver the account of wages prepared under subparagraph (i) together with any effects of the seaman to the seaman either directly or through a superintendent, or if that is not practicable, to a superintendent; and (iv) Pay the amount of the wages due to the seaman, less any deductions approved by a superintendent, to the seaman. through or in the presence of a superintendent, or if that is not practicable, to a superintendent. (2) Where the master delivers an account of wages or effects or pays the amount of any wages to a superintendent under subsection (1), he shall make an entry to that effect in the official log book stating the reason the account of wages was not delivered or the wages were not paid or the effects not delivered to the seaman. The superintendent shall make an entry in the official log book of receipt of such wages, account of wages, or effects as the case may be. (3) Upon the delivery by the master to a superintendent of the effects of a seaman, and the payment by the owner or master of the amount of wages due to the seaman to a superintendent under this section the owner and the master are discharged from further liability in respect of the effects so delivered or the amount so paid, as the case may be. (4) Where an amount is paid to a superintendent under this section. the superintendent shall hold that amount in trust for the seaman pending lawful authority for its disposal.

886 Queensland Marine Act Amendment Act 1981, Vo. 88 (5) This section does not apply in relation to a seaman who is left behind in accordance with the terms of an agreement or contract of sea service. 50. Recovery of wages of seaman lost with a ship . (1) Where a seaman is lost with his ship, the owner shall forthwith pay to a superintendent in trust all wages due to the seaman at the time of the loss of the ship. (2) Where any property of a seaman who has died or who has been lost with a ship comes into the hands of a superintendent, the superintendent, after deducting such sum as he thinks proper for expenses incurred in respect of that seaman or his property shall place the residue in the hands of the Public Trustee within the meaning of the Pub/ic Trustee Act 1978. 51. Loss of wages entitlement . A seaman shall not be entitled to wages- (i) For any period during which he unlawfully fails to work when required; (ii) Unless a Court otherwise directs, for any period during which he is lawfully imprisoned; or (iii) For any period during which he is, by reason of illness, hurt. or injury caused by his own wilful act or default incapable of performing his duty. 52. Recovery of wages, etc . (1) A seaman shall not by any agreement or contract of sea service- (i) Be deprived of any remedy for the recovery of his wages: (ii) Forfeit his lien upon the ship for his wages: (iii) Abandon his right to wages in case of the loss of the ship: or (iv) Abandon any right he may have or obtain in the nature of salvage. (2) Liens for seamen ' s wages shall have priority over all other liens. 53. Interpretation . For the purposes of this Division, the term wages " includes. allowances. 54. Property of deceased seamen . (I) If a seaman belonging to a ship dies the master shall take into his charge any property of the seaman which is on the ship and shall cause particulars of that property to be entered in the official log book. (2) The master shall at the first opportunity deliver the property referred to in subsection (1) to a superintendent, together with wages due to the seaman at the date of his death less all lawful deductions. (3) Where the master of the ship dies the officer having command or charge of the ship in succession to the master shall comply with the provisions of this section.

Queensland Marine Act Amendment Act 1981, No. 88 887 55. Custody of Documents . (1) If during the progress of a voyage the master is removed or superseded or for any reason quits the ship, he shall deliver to his successor the official log book and all documents in his custody relating to the business of the ship and the crew of the ship. Penalty: $500. (2) The new master shall immediately on assuming command enter in the official log book a list of the documents so delivered to him. 56. Provisions . The owner of a ship shall supply adequate potable fresh water and good quality provisions in such quantities that there will be sufficient, without waste, for each and every seaman on board the ship. 57. Health. (1) On application by the owner or master of a ship, or by a seaman, or by a superintendent on behalf of a seaman, the Board may arrange with a Government medical officer at any port to examine any seaman employed or applying for employment in that ship and give to the superintendent a report under his hand stating whether the seaman is fit for duty. A copy of the report shall be given to the master or owner, to the superintendent, and to the seaman. (2) The applicant for the examination shall pay to the Government medical officer such fee as he shall require for the examination. 58. Owner liable for certain medical expenses of seamen . (1) If a seaman belonging to a ship- (a) Receives a hurt or injury, or contracts a disease, in the service of the ship; or (b) Suffers from any illness, not being an illness due to his wilful act or default or to his misbehaviour, and the seaman is not at his proper return port, the expense of- (c) Providing the necessary surgical and medical advice and attendance, and medicine, until the seaman is cured, dies or arrives at his proper return port; (d) The maintenance of the seaman until he is cured, dies or arrives at his proper return port: (e) The conveyance of the seaman to his proper return port; and (f) If the seaman dies before he arrives at his proper return port- his burial or, if his body is conveyed to his proper return port at the request of a member of his family, the conveyance of his body to that port, shall, subject to subsection (4), be defrayed by the owner of the ship without deduction from the wages of the seaman. (2) For the purposes of subsection (1), where a seaman suffers from a venereal disease, that disease shall be deemed not to be due to his wilful act or default or to his misbehaviour.

888 Queensland Marine Act Amendment Act 1981, No. 88 (3) If- (a) A seaman belonging to a ship is suffering from a disease or illness; and (b) He is, for the purpose of preventing infection or otherwise for the convenience of the ship, temporarily removed from the ship, the expense of- (c) The removal of the seaman from, and his return to, the ship; (d) Providing the necessary surgical and medical advice and attendance, and medicine, while the seaman is away from the ship; and (e) The maintenance of the seaman while he is away from the ship, shall, subject to subsection (4), be defrayed by the owner of the ship without deduction from the wages of the seaman. (4) If it is practicable for the seaman to be treated and maintained in a public hospital but he elects to be treated and maintained elsewhere, the liability of the owner in respect of surgical and medical advice and attendance, medicine and maintenance shall be not greater than it would have been had the seaman been treated and maintained as an in-patient in a public hospital. (5) The expense of all surgical and medical advice and attendance, and medicine, given to a seaman belonging to a ship while the seaman is on board the ship shall be defrayed by the owner of the ship without deduction from the wages of the seaman. (6) Any reasonable expenses incurred by the owner of a ship in respect of- (a) An illness of a seaman belonging to the ship; or (b) The burial of such a seaman who dies while on service, not being expenses which are required to be defrayed by the owner of the ship under this section, may, with the approval of a superintendent be deducted from the wages of the seaman. (7) A seaman who, in pursuance of his agreement or contract of sea service, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this section, to cease to belong to the ship and not again to belong to the ship until he again becomes a member of the crew of the ship. 59. Recovery of expenses from owner . (I) If- (a) Any of the expenses attendant on the illness, hurt or injury of a seaman which are to be paid under this Act by the master or owner, are paid by any authority on behalf of the Commonwealth, or of this State; or

Queensland Marine Act Amendment Act 1981, No. 88 889 (b) Any other expenses in respect of the illness, hurt, or injury of any seaman whose wages are not paid in accordance with this Act are so paid, those expenses shall be repaid to the authority by the master or owner of the ship. (2) If the expenses are not so repaid, the amount thereof shall, with costs, be a charge upon the ship, and be recoverable- (a) From the master or owner of the ship for the time being; (b) Where the ship has been lost-from the person who was the owner of the ship immediately prior to the time of her loss or abandonment; or (c) Where the ship has been transferred to some person who is not a British subject-either from the owner for the time being or from the person who was the owner at the time of transfer, as a debt due to the Crown in right of the Commonwealth or the State (as the case may be), either by ordinary process of law or in the same court and manner as wages due to seamen. (3) This section shall not apply to any payment by the Workers' Compensation Board of Queensland under the Workers' Compensation Act 1916-1980. (4) In any proceeding for such recovery, a certificate of the facts, signed by or on behalf of the said authority, together with such vouchers (if any) as the case requires, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the expenses were duly paid by that authority. 60. Wages of seaman left on shore sick or'injured. (1) Where a seaman belonging to a ship is left on shore at his return port by reason of illness, hurt, or injury, he is, subject to this section and section 62, entitled to receive wages, at the rate fixed by his agreement or contract of sea service in respect of each day during the period commencing on the day on which he was left on shore and ending- (a) At the date on which he recovered; or (b) At the expiration of a period of three months after the day on which he was left on shore, whichever first occurs. (2) Where a seaman belonging to a ship is left on shore at a port other than his return port by reason of illness, hurt, or injury, he is, subject to this section and section 62, entitled to receive wages, at the rate fixed by his agreement or contract of sea service in respect of each day during the period commencing on the day on which he was left on shore and ending- (a) In a case in which he arrives at his return port before he has recovered- (i) At the date on which he recovered; or 29-8098

890 Queensland Marine Act Amendment Act 1981, No. 88 (ii) At the expiration of a period of three months after the date on which he so arrives, whichever first occurs; and (b) In a case in which he does not arrive at his return port before he has recovered- (i) When he arrives at his return port; (ii) When he rejoins the ship; or (iii) When he engages in other employment. whichever first occurs. (3) If, after the recovery of a seaman entitled to receive wages under subsection (2) and before he arrives at his return port- (a) He refuses or fails, without the approval of a superintendent, to accept an offer of employment on a ship which is proceeding to his return port, being employment under the terms of which- (i) He would have been paid wages at a rate not less than the rate fixed by the agreement or contract of sea service under which he served on the ship from which he was left on shore; and (ii) He would have had the right to be discharged on arrival at his return port; or (b) He refuses or fails, without reasonable excuse, to rejoin the ship from which he was left on shore or to accept conveyance back to his return port by or at the cost of the owner of that ship, he is not entitled to receive wages in respect of any period after that refusal or failure. (4) A seaman who, before he has recovered, is fit to travel is not entitled to wages under subsection (2) in respect of a day on which his conveyance to his return port by or at the cost of the owner of the ship from which he was left on shore is delayed by his own act, default or neglect. (5) Where a seaman becomes entitled to receive wages under this section but dies before he ceases to be so entitled, the period in respect of which he is entitled so to receive wages is the period commencing on the day on which he,was left on shore and ending on the day of his death. (6) If- (a) A seaman who is left on shore from a ship is not paid wages to which he is entitled under subsection (1) or (2); or (b) A seaman who is left on shore at a port other than his return port, being a seaman who is entitled to be paid wages under subsection (2), is brought or taken back to his return port at the direction of the owner or agent of the ship at a time before he has recovered when the seaman is not fit to travel, the owner and agent of the ship each commits an offence against this Act.

Queensland ;Marine Act Amendment Act 1981, No. 88 891 (7) A seaman is entitled to wages under this section by reason of an illness, hurt or injury only if the illness, hurt or injury- (a) Is not due to his own wilful act or default or to his misbehaviour: (b) Is such as to incapacitate him wholly from the performance of his duty; (c) Is, or appears to be, of such a nature as to require, or to be likely to require, medical treatment for a period exceeding seven days from and including the day on which he became so incapacitated; and /d) Except in the case of a venereal disease contracted after the seaman engaged to serve on the ship, is, so far as can be ascertained, an illness contracted on board the ship, or in the service of the ship or her owner, or a hurt or injury sustained in the service of the ship or her owner. (8) For the purposes of paragraph (a) of subsection (7) where a seaman suffers from a venereal disease, that disease shall be deemed not to be due to his wilful act or default or to his misbehaviour. (9) In this section- " recovered " in relation to a seaman, means that he has been certified by a Government medical officer or other duly qualified medical practitioner as having recovered from any illness, hurt or injury. 61. Security for expenses and wages of seaman left behind. (1) A superintendent may require the owner, agent or master of a ship from which a seaman is left on shore at that port- (a) To deposit with the superintendent such sum as he considers necessary to cover the liability, or expected liability, of the owner in respect of the seaman under section 58 or 60; (b) To give security for the payment by the owner of amounts for which he is, or may become, liable in respect of the seaman under either of those sections. (2) A person shall comply with a requirement made by the superintendent under subsection (1)- (3) An amount deposited with a superintendent under subsection (1) may be expended by the superintendent in discharging the liabilities in respect of which it was deposited and the balance, if any, shall be paid to the person by whom it was deposited. 62. Seaman left on shore to furnish address and to report for medical examination . (1) A seaman left on shore at a port and who is entitled to receive wages under section 60 shall inform a superintendent at the port of his address and, if he changes his address, shall inform the superintendent of his new address.

892 Queensland Marine Act Amendment Act 1981, No. 88 (2) If, at the expiration of a period of 48 hours after being left on shore or after the change of address, as the case may be, the seaman. without reasonable excuse, fails to inform the superintendent of his address or new address, as the case may be, the seaman is not entitled to receive wages under section 60 in respect of any period after the expiration of the period of 48 hours and before he so informs the superintendent. (3) The owner, agent or master of a ship may, by notice in writing given to a seaman who- (a) Has been left on shore from the ship; (b) Is entitled to receive wages under section 60: and (c) Is not an in-patient in a hospital, direct the seaman to submit himself for medical examination to a duly qualified medical practitioner specified in the notice at or before such time as is so specified and, if the seaman, without reasonable excuse, fails to submit himself for medical examination to the medical practitioner at or before that time, he is not entitled to receive wages under that section in respect of any period after that time and before he submits himself for medical examination to that medical practitioner or to such other duly qualified medical practitioner as the owner, agent or master directs. (4) Nothing in this section affects the entitlement of a seaman to wages under section 60 in respect of a period during which he is an in-patient in a hospital. 63. Regulations . (1) Without limiting the general power to make regulations conferred by section 264, regulations may be made under that section in relation to any ship to which this Part applies for all or any of the following matters- (i) Prescribing the various classes or grades of seamen, the qualifications and experience necessary to attain each class or grade, and the minimum age at which any seaman or class or grade of seaman may be employed at sea; (ii) Providing for the medical examination, including eyesight and hearing, of and the issue of certificates of fitness to seamen. and persons proposing to engage in employment as seamen. Such regulations may include provisions prohibiting the engagement oc a person as a seaman , or the entering into a contract of sea service with a person as a seaman, unless he is the holder of a certificate of fitness; (iii) The standard of accommodation to be provided for seamen, including furnishings, heating, lighting, ventilation, minimum space, washing, sanitary, cooking and laundry facilities, and any other matters which may affect the health, safety and comfort of the crew; (iv) The scales of medicine and medical stores to be carried on a ship, or a class of ship: (v) Fees to be paid in connexion with the engagement and discharge of seamen;

Queensland Marine Act Amendment Act 1981, No. 88 893 (vi) The form of agreement and other documents referred to in this Part; (vii) The keeping aboard prescribed ships of a deck or an engine- room log book and the particulars to be kept therein; (viii) Prescribing penalties for disciplinary offences. . (2) Any regulation made in respect of matters referred to in subsection (1) may incorporate by reference all or any of the provisions of the Uniform Code to the extent that those provisions may relate to ships or seamen to which this Act applies.". 10. Transitional . When immediately prior to the commencement of this Act a ship is manned in accordance with the provisions of the Principal Act or regulations made thereunder it shall continue to be so manned until such time as a determination is made under section 26 of the Queensland Marine Act 1958-1981 in respect of that ship or in respect of the class of ship to which that ship belongs. 11. Repeal of and new Part IV.-Seamen . The Principal Act is amended by- (a) omitting the heading " PART IV.-SEAMEN." appearing between sections 31 and 32; (b) omitting the headings of all divisions appearing within that Part; (c) repealing sections 32 to 106 (both inclusive); and (d) substituting the following headin0g and sections:- PART IV-EXAMINATIONS AND CERTIFICATES OF COMPETENCY 64. Certificates of competency or of service . (1) Certificates of competency or of service may be granted by the Board in accordance with this Act for each of the following classes or grades of masters and officers- Master Class III (Trading); Master Class III (Trading) (Limited to sail as Chief Mate); Master Class III (Fishing); Master Class III (Fishing) (Limited to sail as Chief Mate); Master Class IV (Trading); Master Class IV (Fishing); Master Class V (Trading); Master Class V (Fishing); Mate Class IV (Trading); Mate Class IV (Fishing); Coxswain; Marine Engineer Class.. 111; Marine Engine Driver Grade I; Marine Engine Driver Grade II.

894 Queensland Marine Act Amendment Act 1981, No. 88 (2) In granting a certificate of competency or of service the Board may limit the authority given by that certificate- (a) to the lawful holder thereof to act as master or mate. as the case may be, of a class of ship or classes of ships; (b) to voyages between such ports in the jurisdiction: or (c) to excursions within such limits, as the Board may cause to be specified in the certificate. (3) A certificate of competency or of service or a license granted under the repealed Acts or this Act and in force immediately prior to the commencement of the Queensland Marine Act Amendment Act 1981 shall continue under, subject to, and for the purposes of this Act, and shall be taken to be a certificate of competency or of-service, as the case may be, or, in the case of a license, a certificate of competency granted under subsection ( 1) subject to the same limitations , conditions restrictions , and endorsements ( if any ) to which such certificate or license was subject under the repealed Acts or this Act prior to the commencement of the Queensland Marine Act Amendment Act 1981 and shall entitle the lawful holder thereof to act in the corresponding class or grade or a lower class or grade specified in subsection (1). (4) The Board as it thinks fit may from time to time vary the limitations imposed pursuant to subsection ( 2) or the limitations , conditions, restrictions , and endorsements ( if any ) referred to in subsection (3) and such variations shall be given effect to by the holder of the certificate of competency or of service in question. (5) The lawful holder of a certificate of competency or of service who. acts as master or mate of a ship in contravention of- (a) the limitations imposed pursuant to subsection (2): (b) the limitations , or conditions , restrictions , and endorsements (if any ) referred to in subsection (3); or (c) any variation made pursuant to subsection (4), commits an offence against this Act, and any person who employs or permits such lawful holder to so act commits an offence against this Act. Penalty: S2 000. 65. Examinations for certificates of competency or of service. (1) Subject to this Part, the Board shall hold, at such times and places as the Board or an examiner may direct, examinations for persons wishing to obtain certificates of competency or of service under this Act. (2) The Board may, subject to this Act, appoint examiners to conduct examinations. The examiners shall be paid such fees and allowances as are fixed from time to time by the Board with the approval of the Minister. (3) Subject to subsection (6), a person shall not be examined pursuant to this Part unless he possesses the prescribed qualifications.

Queensland Marine Act Amendment Act 1981, No. 88 895 (4) Without limiting the general power to make regulations conferred by section 264, regulations may be made under that section with respect to examinations for the granting of certificates of competency or of service, including, but without limiting the generality of the foregoing, regulations in respect of all or any of the following matters- (i) Prescribing the qualifications as to all or any of the following namely: age , experience, length of service, character, medical fitness (including eyesight and hearing), ability to read, understand and speak intelligibly the English language, and such other qualifications as the Governor in Council considers necessary for the examination or re-examination for or the grant of certificates of competency of any class or grade; (ii) Providing for the holding of examinations of candidates for certificates of competency of any class or grade and the rules under which the examinations are to be held; (iii) Prescribing the fees to be paid by candidates for examination and re-examination and for the issue of a certificate (which fees may differ in respect of certificates of different classes or grades); (iv) Prescribing the syllabus for and the knowledge required by a candidate for and in respect of any examination for certificates of different classes or grades; (v) Providing for the recognition for the purposes of this Act of certificates of service, and of certificates, diplomas or other awards issued by marine authorities or by colleges or other educational institutions recognised by the Board as sufficient evidence of having passed an examination or part of an examination; (vi) Providing for the period or periods during which a certificate of competency is valid for the purposes of this Act, and for validation and re-validation of such certificate subject to such conditions as the Board may determine: (vii) Prescribing the fees to be paid by the holders of certificates of 'competency for validation or re-validation in accordance with subparagraph (vi); (viii) Requiring the keeping by seamen of a record of their service aboard ships and prescribing the particulars required to be contained in the record of service; (ix) Providing for special endorsement to authorise the holder of a certificate of competency to act in a prescribed capacity on a ship of special or unusual design. (5) Any regulation in respect of matters referred to in subsection (4) may incorporate by reference all or any of the provisions of the Uniform Code to the extent that those provisions may relate to examinations or certificates to which this Act applies. (6) The Board may grant permission for the examination of and the issue of a certificate of competency or of service to any person who in the opinion of the Board has qualifications , experience or service which is equivalent to the qualifications , experience or service prescribed by regulations.

896 Queensland Marine Act Amendment Act 1981, No. 88 66. Grant of certificates of competency or of service . The Board shall, subject to section 67 and on payment of any prescribed fee deliver to every applicant who possesses the necessary qualifications, and is duly reported by the examiner to have passed the examination satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability, and general good conduct, such a certificate of competency or of service as the case requires. 67. Re-examination for certificates of competency or of service. The Board may, where it thinks fit, remit any case either to the examiner who made the report or to any other examiner, and may require a re-examination of the applicant, or a further inquiry into his character and other qualifications or a re-examination and further inquiry as aforesaid, before granting him a certificate. 68. Form of certificates , recording , etc. (I) All certificates of competency or of service shall be made in the form prescribed by the Board and shall be in duplicate, one part to be delivered to the person entitled to receive the certificate and the other to be kept and recorded by the secretary or by such other officer of the Board as the Board appoints for the purpose. (2) The secretary or other officer referred to in subsection (1) shall make an entry in the record of such certificates and of all orders made for cancelling, suspending, altering, or otherwise affecting any certificate in pursuance of the powers contained in this Act. (3) (a) A document certified by the secretary or other officer referred to in subsection (I) as being a copy of a certificate of competency or of service shall be admissible in evidence and, in the absence of evidence to the contrary, shall be conclusive evidence of that certificate. (b) A document certified by the secretary or other officer referred to in subsection ( 1) as being a copy of an entry made pursuant to subsection (2) shall be admissible in evidence and, in the absence of evidence to the contrary, shall be conclusive evidence of the matters contained in that document. (4) Every person to yvhom a certificate or certified copy referred to in this section is delivered shall pay the prescribed fees, if any, therefor. 69. Lost certificates . If a person proves to the satisfaction of the Board that he has lost or been deprived of any certificate of competency or of service already granted to him by the Board, the Board shall, upon payment of such fee (if any) as may be prescribed cause a copy of the certificate to which, by the record kept in pursuance of this Act, he appears to be entitled, to be certified by the secretary or other officer referred to in section 68 (1) directed to keep the record and to be delivered to that person. Any copy purporting to be so certified shall have the same effect as the original.

Queensland Marine Act Amendment Act 1981, No. 88 897 70. Return of certificates . (1) The master of every ship shall, upon the discharge of every seaman whose certificate of competency or of service has been delivered to and retained by the master, return the certificate to the seaman. Penalty: $500. (2) Any person having in his possession a certificate of competency or of service of any seaman who, upon being required by an officer of the Board to deliver that certificate to the seaman, fails to da so commits an offence against this Act. Penalty: $500. 71. Effect of cancellation or suspension of certificate by authority recognised by Board. Where a certificate of competency or of service has been or has been directed to be cancelled or suspended by an authority recognised by the Board the same shall not be a valid certificate for the purposes of this Act: Provided that if any such certificate has been temporarily suspended it shall at the end of the period for which it was so suspended become as valid as it was before such suspension. 72. Officers to have access to charts . All officers who take part in the navigation of any ship on any voyage or excursion shall have access to the charts belonging to the ship in use during the voyage or excursion. 73. Holder of certificate of competency or of service deemed competent. Every person who is the holder of a valid certificate of competency or of service of any class or grade shall be deemed duly certificated in that class or grade and in all lower classes or grades.". 12. Amendment of s. 107. Application of Part. Section 107 of the Principal Act is amended by omitting the words " ships employed in trading within the jurisdiction " and substituting the words " commercial vessels engaged on intra-State voyages ". 13. Amendment of s. 108. Offences by passengers . Section 108 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " $100 " and substituting the expression " $500 "; (b) in subsection (3), (i) at the end of the first paragraph, omitting the words " ship." and substituting the words " ship, or who wilfully fails to comply with any lawful direction related to safety given by an officer or member of the crew."; (ii) omitting the expression " $200 " and substituting the expression " $1000 "; (c) in subsection (5), omitting Cie expression " $40 " and substituting the expression " $200 ".

898 Queensland Marine Act Amendment Act 1981, No. 88 14. Amendment of heading to Part VI .- Survey of Ships._ The Principal Act is amended by in the heading to Part VI omitting the word " OF " and substituting the words " AND REGISTRATION OF CERTAIN ". 15. New s. 110A. Application of Part. The Principal Act is amended by inserting after the heading to Part VI. the following section:- 110A. Application of Part. This Part applies to- (a) Prescribed fishing vessels; and (b) Commercial vessels, including prescribed lighters and dredgers, that engage on intra-State voyages.". 16. Amendment of s. 111. Ships not to ply without certificate of survey. Section 111 of the Principal Act is amended by- (a) in subsection (1), omitting the word " section " where firstly occurring and substituting the word " Part "; (b) omitting paragraph (a) of subsection (2) and substituting the following paragraph:- " (a) The Board may, from time to time, issue a permit for any ship to which this Part applies to proceed to sea or ply within the jurisdiction, in which case the permit shall specify all or any of the following conditions- (i) The period of time; (ii) The geographical limits of the voyage or excursion; (iii) The maximum number of passengers to be carried and where applicable the number which may be carried in each part of the ship; (iv) The nature, quantity, and where necessary the disposition of cargo; (v) The minimum freeboard; (vi) The number and qualifications of crew ; (vii) Any limitation as to weather, subject to which the permit shall have effect. Every such permit shall have effect according to its tenor."; (c) omitting paragraph (a) of subsection (3) and substituting the following paragraph:- " (a) If any ship to which this Part applies proceeds to sea or plies on any voyage or excursion in contravention of subsection (1), or where there is failure to comply with any condition subject to which a permit is granted under subsection (2), the master and the owner of the ship each commits an offence against this Act. Penalty: $3 000."; (d) in subsection 3 (b), omitting the word " section " firstly occurring and substituting the word " Part "; (e) omitting paragraph (a) of subsection (4); (f) in subsection 4 (c), omitting the word " section " where firstly occurring and substituting the word " Part ".

Queensland Marine Act Amendment Act 1981, No. 88 907 (ii) omitting in paragraph (ii) the expression " $200 " and substituting the expression " $1000 "; 40. Amendment of s. 135. Offences relating to marks on ships . Section 135 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " $600 " and substituting the expression " $3 000 "; (b) in subsection (2), (i) omitting the expression " $1,000 " and substituting the expression "$5000"• (ii) omitting the expression " $500 " and substituting the expression "$2500"; (c) in subsection (3), omitting the expression " $600 " and substituting the expression " $3 000 ". 41. Amendment of s. 136. Ships to be properly equipped . Section 136 of the Principal Act is amended by, in subsection (3)- (a) omitting the expression " $600 " and substituting the expression "$3000"; (b) omitting the expression " $300 " and substituting the expression " $1 500 ". 42. Repeal of and new s. 137 . Equipment of steamships . The Principal Act is amended by repealing section 137 and substituting the following section:- " 137. Steamships to have boiler safety valves . (1) Every steamship shall be provided on each boiler with a safety valve approved by a surveyor. (2) If any ship goes to sea or plies in any port in contravention of subsection (1) the owner and the master shall each commit an offence against this Act. Penalty: $2 500. (3) Any person who places an undue weight on the safety valve of any steamship, or increases such weight beyond the limits fixed by the surveyor, shall, in addition to any other liabilities he may incur by so doing, commit an offence against this Act.". 43. Amendment of s. 138. Regulations . Section 138 of the Principal Act is amended by- (a) omitting in subparagraph (xvi) the words ", in sea-going ships,"; (b) omitting the word " and " between subparagraphs (xvi) and (xvii); (c) inserting after subparagraph (xvii) the following subparagraphs- " (xviii) The provision of efficient hand, mechanical or electronic navigation aids; (xix) The provision of appropriate charts, instruments, and nautical publications; (xx) The scale of medicine and medical stores to be carried on a ship, or a class of ship;

908 Queensland Marine Act Amendment Act 1981, No. 88 (xxi) The provision of safe means of access to, or egress from, a ship; and (xxii) The provision of properly secured guards on moving machinery and thermal protection of hot surfaces so as to prevent injury to personnel.". 44. Amendment of s. 139. Surveyor , etc., may inspect ships with respect to equipment . Section 139 of the Principal Act is amended by in subsection (3), omitting the expression " $600 " and substituting the expression " $3 000 ". 45. Amendment of s. 142. Surveyor , etc., may inspect ship with respect to fog signals , etc. Section 142 of the Principal Act is amended by in subsection (2), omitting the expression " $600 " and substituting the expression " $3 000 ". ` 46. Amendment of s. 147. Shipping of dangerous goods. Section 147 of the Principal Act is amended by in subsection (1), omitting the expression " $200 " and substituting the expression " $1 000 ". 47. Amendment of s. 148. Misdescribing dangerous goods. Section 148 of the Principal Act is amended by- (a) omitting the expression " $1,000 " and substituting the expression " $5 000 "; « $2 ((bb)Oomitting the expression " $400 " and substituting the expression 48. Amendment of s. 150. Ships carrying passengers not to carry explosives . Section 150 of the Principal Act is amended by- (a) in subsection (2), omitting the expression " $400 " and substituting the expression " $2 000 "; (b) omitting subsection (4). 49. Amendment of s. 151. Power to prohibit carriage of cargo. Section 151 of the Principal Act is amended by in subsection (2), omitting the expression "$1,000 " and substituting the expression " S5 000 ". 50. Amendment of s. 152. Regulations as to carriage of dangerous goods. Section 152 of the Principal Act is amended by in subsection (2)- (a) omitting the expression " S 1,000 " and substituting the expression "$5000"; (b) omitting the expression " $200 " and substituting the expression "S100011. 51. Amendment of s. 154. Deck cargoes . Section 154 of the Principal Act is amended by omitting in subsection (2) the expression " 5600 " and substituting the expression " $3 000 ".

Queensland Marine Act Amendment Act 1981, No. 88 909 52. Amendment of s. 155. Information about ship ' s stability . Section 155 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) There shall be carried on board every ship of a prescribed class or classes or any prescribed ship such information in writing in relation to the ship's stability as is necessary for the guidance of the master in loading and ballasting the ship."; (b) omitting subsection (2) and substituting the following subsection :- " (2) The information referred to in subsection (1) shall be based on the ship's stability characteristics determined by means of a practical test of the ship: Provided that, if so approved by the Board, the information may be based on a similar test of a sister ship."; (c) inserting after subsection (4) the following subsection:- (5) Without limiting the general power to make regulations conferred by section 264, regulations may be made under that section- (i) Prescribing the minimum stability criteria which must be met by a ship to which subsection (1) applies; (ii) Prescribing the tests or data on which the stability information is to be based; (iii) Prescribing the format of the stability information which is to be carried on board the ship; and (iv) Providing that a ship to which subsection (1) applies shall not go to sea or ply on any voyage or excursion unless the minimum stability criteria in respect of that ship are met. Any regulations made in respect of matters referred to in this subsection may incorporate by reference all or any of the provisions of the Uniform Code to the extent that those provisions may relate to ships to which this Act applies.". 53. Amendment of s. 156. Watertight bulkheads and openings in hull. Section 156 of the Principal Act is amended by omitting in subsection (2) the expression " $400 " and substituting the expression " 52 000 ". 54. Amendment of s. 157. Gangway to be provided . Section 157 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- (1) At all times when any prescribed class or classes of ship, or any prescribed ship is at berth there shall be provided a sufficient gangway or a safe means of access or egress approved by a surveyor. Such gangway shall be provided with proper handrails, and shall be so placed as to enable persons to safely come from and go on board such ship. Any such gangway or means of access or egress shall be clearly illuminated at all times during the night.";

910 Queensland Marine Act Amendment Act 1981, No. 88 (b) in subsection (2), omitting the words "gangway." and substituting the following words and proviso:- " gangway: Provided that a safety net shall not be required where the shore end of the gangway extends over the wharf and safe handrails are provided on both sides of the gangway throughout its entire length.". 55. Amendment of s. 158 . Adjustment of compasses . Section 158 of the Principal Act is amended by omitting in subsection (2) the expression " $400 " and substituting the expression " S2 000 ". 56. Amendment of s. 159. Extinction or screening of false lights . Section 159 of the Principal Act is amended by omitting the expression " 5400 " and substituting the expression " 52 000 ". 57. Amendment of s. 161. Definition of iimits of ports. Section 161 of the Principal Act is amended by omitting the words " the aforesaid section one of this section " and substituting the words " section 160 ". 58. Amendment of s. 162. Ships exempted from provisions of this Division relating to compulsory pilotage. Section 162 of the Principal Act is amended by omitting subparagraph (ii) and substituting the following subparagraph:- (ii) Every ship having a length of less than 35 metres measured from the fore part of the hull to the after part of the hull;". 59. Amendment of s. 164. Regulations as to pilot service . Section 164 of the Principal Act is amended by in subparagraph (v) omitting the words " whatsoever." and substituting the following words and subparagraph:- "whatsoever; (vi) Prescribing the limits in relation to a port within which a pilot engaged or transferred to serve at such port shall have his principal place of residence.". 60. Amendment of s. 165. Unauthorized person not to act as pilot. Section 165 of the Principal Act is amended by in subsection (3) omitting the expression " $200 ", and substituting the words " 3 times the pilotage rate applicable to the ship as prescribed by regulations". 61. Amendment of s. 166. Duty to take in pilot . Section 166 of the Principal Act is amended by omitting the words " $200 in addition to the amount which would have been payable for pilotage if the pilot's services had been actually engaged " and substituting the words " 3 times the pilotage rate applicable to the ship as prescribed by regulations". 62. Amendment of s. 167. Duty to facilitate pilot getting on board. Section 167 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " 20 kilometres " and substituting the words " 10 nautical miles ";

Queensland Marine Act Amendment Act 1981, No. 88 911 (ii) omitting the words " 2 kilometres " and substituting the words 1 nautical mile "; (i ii) omitting the expression " $200 " and substituting the expression 000 $1 cc Q i(\ "; (b) omitting in subsection (3) the expression " $200 " and substituting the expression " $1 000 ". 63. Amendment of s. 168. Duty to display pilot signal. Section 168 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " 20 kilometres " and substituting the words " 10 nautical miles "; (ii) omitting the word " usual " and substituting the word " prescribed "; (b) in subsection (2), omitting the word " usual " and substituting the word " prescribed "; (c) in subsection (3), omitting the expression " 5200 " and substituting the expression " $1000 64. Amendment of s. 169. Usual signal for pilot . Section 169 of the Principal Act is amended by- (a) in the marginal note omitting the words " Usual signal " and substituting the word " Signal "; (b) omitting subsection (1) and substituting the following subsection: " (1) The signal or signals to be made by a ship requiring a pilot shall be the signal or signals prescribed by the International Code of Signals or by Order in Council."; (c) in subsection (2), omitting the expression " $200 " and substituting the expression " $1 000 ". 65. Amendment of s. 170. Certificated master may be examined for a pilotage exemption certificate . Section 170 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " (other than a ship of under fifty register tons) " where twice occurring and substituting where the words firstly occur the words " not lower than Master Class IV or Master Grade 3, being master of a ship ", (ii) omitting the words " under the provisions of the Merchant Shipping Act at a port "; (b) in subsection (2), (i) omitting the words " three voyages ", " one voyage " and " five voyages " and substituting respectively the words " four voyages ", " two voyages " and " four voyages "; (ii) omitting the words " u.--der fifty register tons " and the words of under fifty register t ms " and substituting in each case the words " having a length of l.ss than 35 m-t •es mzasured f•om thc f,re part of the hull to the after part of the hull ":

912 Queensland Marine Act Amendment Act 1981, No. 88 (iii) omitting the words " under the provisions of the Merchant Shipping Act at a port "; (c) in subsection (5), inserting after the words " sight tests " the words " and medical tests (including hearing)". 66. Amendment of s. 173. Master having certificate of exemption to display exemption flag. Section 173 of the Principal Act is amended by- (a) in subsection (1), omitting the words " 20 kilometres " and substituting the words " 10 nautical miles "; (b) in subsection (2), omitting the words " 20 kilometres " and substituting the words " 10 nautical miles "; (c) in subsection (3), omitting the expression " $100 " and substituting the expression " $500 "; (d) in subsection (4), omitting the expression substituting the expression " $500 ". $100 " and 67. Amendment of s. 174 . Pilotage rates . Section 174 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " or going to sea from " and substituting the words " or leaving her berth for the purpose of going to sea from "; (ii) omitting the words " calculated on the gross register tonnage of the ship, as prescribed " and substituting the words " calculated as prescribed ": (b) in paragraph (a) of subsection (3), omitting the words " on the gross register tonnage of the ship and ". 68. Amendment of s. 175. When notice to be given if pilot not required. Section 175 of the Principal Act is amended by, in subsection (2) omitting the words " the sum of $20 " and substituting the words " a sum equal to 10.5 per centum of the weekly salary payable to a pilot, permanently located at the port in question.". 69. Amendment of s. 176. Detention of pilots. Section 176 of the Principal Act is amended by- (a) omitting subsection (I) and substituting the following subsection:- - (1) If a pilot is detained on board or in quarantine, or partly on board and partly in quarantine for a period exceeding 6 hours on account of the ship being under quarantine there shall be paid, in addition to the pilotage rate, a sum equal to 3.5 per centum of the weekly salary payable to a pilot permanently located at the port in question for each and every hour or part of an hour during which the pilot is so detained.": (b) in subsection (2) omitting the words "the sum of $4 " and substituting the words " a sum equal to 3.5 per centum of the weekly salary payable to a pilot permanently located at the port in question ",

Queensland Marine Act Amendment Act 1981, No. 88 913 (c) in subsection (3)- (i) omitting all words from and including the words " If any qualified pilot " to and including the words " is occasioned by-" and substituting the following words:- " If a pilot is detained on board any ship due to the extension by more than 1 hour of the time taken 'for the pilotage by reason of the ship not being under way before or during the course of the pilotage and the detention is occasioned by-"; (ii) omitting the words " the sum of $20 for each and every day or part of a day during which the pilot is so detained " and substituting the words " a sum equal to 3.5 per centum of the weekly salary payable to a pilot permanently located at the port in question for every hour or part of an hour by which such extension exceeds I hour ". 70. Repeal of and new s. 177. Payment of conveyance of pilot. The Principal Act is amended by repealing section 177 and substituting the following section:- " 177. Payment of conveyance of pilot. Where any ship, on board of which there is a qualified pilot, is detained at anchorage in or near any port to which this Division applies, for any reason other than stress of weather, the agent or owner of the ship, if so directed by the harbour master, shall cause the pilot to be conveyed at the expense of the owner to a place on shore approved by the harbour master and shall also, if so directed by the harbour master, cause a pilot to be conveyed at the expense of the owner from a place on shore approved by the harbour master to the ship at anchor. Penalty: $500 in addition to the costs incurred by the harbour master for the conveyance of the pilot to or from the ship at anchor.". 71. Amendment of s. 179. Queensland coastal pilots . Section 179 of the Principal Act is amended by omitting in subsection (6) the expression " $400 " and substituting the expression " $2 000 ". 72. Amendment of s. 180 . Power to make regulations . Section 180 of the Principal Act is amended by omitting in subparagraph (vi) the expression " $200 " and substituting the expression " $1000 ". 73. Amendment of s. 184 . Reports of shipping casualties . Section 184 of the Principal Act is amended by omitting in subsection (2) the expression " $200 " and substituting the expression " $1000 ". 74. Amendment of s. 185. Preliminary inquiries . Section 185 of the Principal Act is amended by adding at the end of the section the following subsections:- " (4) Without limiting the effect of sections 185A, 186 and 187, the Board, after considering the findings reported to it pursuant to subsection (3) may call before it any person referred to in subsection (1) and further question that person and after such questioning the Board may issue a caution or reprimand to that person. The person may

914 . Queensland Marine Act Amendment Act 1981, No. 88 accept or decline to accept a caution or reprimand as the case may be. If the person declines to accept the caution or reprimand as the case may be the Board shall hold a formal investigation pursuant to section 187. (5) A person called before the Board pursuant to subsection (4) shall appear before the Board at the time and place appointed by the Board, and shall answer truthfully any questions put to him by the Board. (6) The Board may, if it thinks fit, pay all or any part of the expenses incurred by any person called before it pursuant to subsection (4).". 75. New s. 185A. The Principal Act is amended by inserting after section 185 the following section:- " 185A. Certificate or license may be suspended . (1) Where the Board considers that the exercise of the privileges of a certificate or license issued under this Act by the holder of such certificate or license may constitute a threat to public safety, the Board may, by notice in writing served on the holder, suspend such certificate or license. (2) Where the Board has suspended a certificate or license pursuant to subsection (1) the Board shall as soon as possible thereafter hold a formal investigation pursuant to section 186 or 187 and notify the person concerned of such investigation and of any charges to be preferred against him.". 76. Amendment of s. 190. Power of Board to suspend or cancel certificates and licenses . Section 190 of the Principal Act is amended by- (a) in the first proviso to subsection (1) omitting the words " subsection five of section twenty-three " and substituting the words " section 27 (5)": (b) in paragraph (b) of subsection (2), omitting the words " subsection (5) of section twenty-three " and substituting the words " section 27 (5)". 77. Amendment of s. 193. Delivery of suspended or cancelled certificate or license . Section 193 of the Principal Act is amended by omitting the expression " $100 " and substituting the expression " $500 ". 78. Amendment of s. 195. In certain cases a stipendiary magistrate may hold a formal investigation . Section 195 of the Principal Act is amended by in subsection (4a) omitting the expression " $100 " and substituting the expression " $500 ". 79. Amendment of s. 196. Application of Part X. Section 196 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) The provisions of this Part shall apply, according to their tenor and subject to the provisions of Parts III, IV, and VI of this Act, to- (i) Pleasure yachts; (ii) Fishing vessels; (iii) Houseboats;

Queensland Marine Act Amendment Act 1981, No. 88 915 (iv) Lighters; (v) Motor boats and motor vessels; (vi) Other vessels of such class as may be determined by Order in Council."; (b) in subsection (4), (i) inserting in subparagraph (i) (e), after the words " placed on the words " or being shown from "; (ii) inserting in subparagraph (x) after the word " appliances " the words " including holding tanks and effluent treatment systems "; (iii) omitting in subparagraph (xxi) the expression " $400 " and substituting the expression " S2 000 ". 80. Amendment of s. 198. Buoy mooring not to be cast on bed of port. Section 198 of the Principal Act is amended by- (a) in subsection (1) omitting the expression " $400 " and substituting the expression " $2 000 "; (b) in subsection (2), (i) omitting the words " Not less than $6 nor more than $30 " and substituting the expression " $100 "; (ii) adding at the end of the subsection the following paragraphs- " A notice may be given under this subsection and proceedings may be taken upon a failure to comply with the direction contained in the notice whether or not proceedings are taken for a contravention of subsection (1). Upon a failure to comply with the direction given by a notice and without prejudice to any proceedings which may be taken upon such failure, or where such a notice is not given, the Board may take all such steps and do all such things as it deems necessary for the removal of the buoy mooring cast, placed, or left or caused to be cast, placed or left contrary to the provisions of subsection (1) and for the restoration of the site thereof to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of those powers from the person who cast, placed, or left or caused to be cast, placed or left such buoy mooring by action as for a debt in any court of competent jurisdiction. If the person referred to in this subsection is unknown or cannot be readily found, the Board may remove the buoy mooring, and may dispose of it by sale or otherwise. (c) adding at the end of the section the following subsections:- (3) Where a buoy mooring is in the opinion of the Board liable to impede or restrict navigation, development , or access to any property, or where for other good cause shown the Board considers that a buoy mooring should be removed, the Board may by notice given in writing under the hand of the secretary, direct any person who has cast, placed, or left, or caused to be cast, placed, or left a buoy mooring or any person to whom a buoy mooring has been transferred to remove the same and restore the site of the mooring to its former condition as nearly as practicable within such time as the Board may specify in the notice, notwithstanding that the sanction of the Board has been obtained pursuant to subsection (1).

916 Queensland Marine Act Amendment Act 1981, No. 88 (4) Where a person fails to comply with a direction made pursuant to subsection (3) or where the person is unknown or cannot be readily found the Board may remove the buoy mooring, and may dispose of it by sale or otherwise. (5) Where a buoy mooring is sold or transferred to another person, the person selling or transferring the mooring shall advise the Board in writing of the transaction, giving the name and address of the person to whom the buoy mooring has been sold or transferred. Any person who fails to comply with the provisions of this subsection commits an offence against this Act. Penalty: $500.". 81. Amendment of s. 199. Racing and speed trials in ports. Section 199 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " $200 " and substituting the expression " $1 000 "; (b) in subsection (3), omitting the expression " $200 " and substituting the expression " $1 000 ". 82. Amendment of s. 202 . Prohibited localities . Section 202 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " $400 " and substituting the expression " $2 000 "; (b) in subsection (2), omitting the expression " $400 " and substituting the expression " $2 000 ". 83. Amendment of s. 203. Power of harbour master to remove vessels. Section 203 of the Principal Act is amended by omitting in subsection (1) the expression " $200 " and substituting the expression " $1000 ". 84. Amendment of s. 208 . Damaging lights, buoys, beacons, etc. Section 208 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " $400 " and substituting the expression " $2 000 "; (b) in subsection (4), omitting the expression " $200 " and substituting the expression " $1000 ". 85. Amendment of s. 209. Trespassing on lighthouses , etc. Section 209 of the Principal Act is amended by omitting the expression " $100 " and substituting the expression " $500 ". 86. Repeal of and new s. 210. Prevention of pollution of water of jurisdiction . The Principal Act is amended by repealing section 210 and substituting the following section:- " 210. Regulations for preventing pollution of waters of jurisdiction. Without limiting the power to make regulations conferred by section 264, regulations may be made under that section for preventing the pollution of the navigable or tidal waters of the jurisdiction by any means.

Queensland Marine Act Amendment Act 1981, No. 88 917 A person contravening any of the provisions of the aforesaid regulations commits an offence against this Act. Penalty: $5 000.". 87. Amendment of s. 211. Vessels sunk or stranded , etc. Section 211 of the Principal Act is amended by omitting in subsection (1) the expression " $400 " and substituting the expression " $2 000 ". 88. Amendment of s. 215. Removal of trees obstructing navigation, etc. Section 215 of the Principal Act is amended by omitting in subsection (1) the expression " $200 " and substituting the expression "Si 000 ". 89. Amendment of s. 218. Obstruction , etc. Section 218 of the Principal Act is amended by omitting in subsection (1) the expression " $200 " and substituting the expression " $1000 ". 90. Amendment of s. 219. Conservancy dues. Section 219 of the Principal Act is amended by- (a) omitting paragraph (a) of subsection (1) and substituting the following paragraph:- "(a) There shall be paid in respect of each and every ship (not exempted by subsection (2) or (7) from conservancy dues) arriving from sea at, or going to sea from, any port in the jurisdiction conservancy dues calculated as prescribed for the time being by the regulations."; (b) by, in subsection (2), inserting after the words " voyage; " the words " to discharge residues or slops;" (c) omitting subsection (3) and substituting the following subsection:- (3) There shall be paid in respect of every ship or class of ship (not exempted by subsection (7) from conservancy dues)- (i) Trading within one port only in the jurisdiction, or used therein for commercial purposes; or (ii) As may be prescribed by Order in Council- once in the month of January and once in the month of July in each year a conservancy due calculated as prescribed for the time being by the regulations: Provided that if a vessel referred to in this subsection commences to trade or be used at any time other than in the month of January or July a conservancy due calculated at the rate prescribed by this subsection shall be payable in respect of the vessel on the date on which the vessel commences to so trade or to be used and thereafter at the times prescribed in this subsection."; (d) in subsection (6), omitting the word " The " and substituting the words " Subject to subsection (7), the ";

918 Queensland Marine Act Amendment Act 1981, No. 88 (e) omitting subsection (7), and substituting the following subsection:- " (7) The Governor in Council may by Order in Council exempt any ship or class or description of ship- (a) From conservancy dues; and (b) From compliance with subsection (6).". 91. Amendment of s. 222. Ships arriving with explosives to hoist flag. Section 222 of the Principal Act is amended by omitting in subsection (3) the expression " $400 " and substituting the expression " $2 000 ": 92. Repeal of and new s. 224. Ships carrying explosives . The Principal Act is amended by repealing section 224 and substituting the following section :- " 224. Regulations in respect of explosives . (1) Without limiting the power to make regulations conferred by section 264, regulations may be made under that section with respect to all or any of the following matters:- (i) Prohibiting the bringing of a ship on board of which there are any explosives exceeding an amount specified in the regulations into a prohibited area or any specified part of a prohibited area; (ii) Prescribing the maximum amount of explosives of any specified class or category which may be brought into a prohibited area; (iii) Prescribing the conditions under which explosives of any specified class or category may be brought into, unloaded from, or loaded into any ship, including but not limited tothefollowing considerations- (a) Method of stowage and packaging; (b) Means of transportation and handling aboard ship and on shore near the ship or near any other ship; (c) The compatability of the different classes or categories of explosives, with provision that certain classes or categories may not be stowed together, or handled at the same time on ship or on shore; (d) The minimum safety distance between the area in which explosives may be handled and any other ship, or any building, or any equipment, or any harbour work or wharf or installation , or any other person or thing whatsoever; (e) The hours during which explosives may or may not be handled; (f) The weather conditions in which explosives may or may not be handled; (g) The prohibition of use of any mechanical, electric, electronic, radio, telephone equipment, or vehicles or any other thing within a specified distance of the working of explosives;

Queensland Marine Act Amendment Act 1981, No. 88 919 (h) The prohibition of entry of any persons other than those directly connected with the business of the ship or cargo within a specified distance of the area in which explosives are handled, both on shore and on the waters of the port; (i) The provision of competent watchmen with powers of arrest, if necessary, to ensure that all prescribed precautions are observed; (j) The provision and testing of alarm systems both on ship and on shore; (k) The provision and state of readiness of fire fighting equipment and trained personnel to use the fire fighting equipment: (1) Prohibiting smoking or the bringing of any tool or equipment capable of creating a spark or flame on board a ship or within a specified distance of any area where explosives are being handled; (iv) Prescribing which wharf in any port may or may not be used by a ship handling explosives; (v) Prohibiting the storage of explosives of any specified class or category on or near any wharf, and prescribing the maximum period of time during which explosives may be permitted to remain on or near any wharf or within any prohibited area; (vi) Providing that the handling of explosives may be stopped by the harbour master at any time where the harbour master is of the opinion that prescribed conditions are not being complied with; (vii) Prescribing any other precaution or safety measure which the Governor in Council may from time to time consider necessary or desirable in the interest of public safety or the safety of -shipping or property in the port. (2) The Board may if it thinks fit and subject to such conditions as it deems necessary or desirable, and in circumstances which the Board considers special, exempt the master of a ship from compliance with all or any of the provisions of the regulations. (3) If there is any contravention or failure to comply with provisions of this Act or regulations made under this Part related to the handling of explosives, or with any condition subject to which an exemption under subsection (2) is granted both the owner and the master of the ship or, as the case may be, the person or persons responsible for operations related to the handling of explosives on shore, commits an offence against this Act. Penalty: $50 000.". 93. Repeal of s. 225. Explosives on arrival to be reported . The Principal Act is amended by repealing section 225. 94. Repeal of ss. 226 and 227. The Principal Act is amended by repealing sections 226 and 227.

920 Queensland Marine Act Amendment Act 1981, No. 88 95. Amendment of s. 228 . Vessels carrying explosives to be provided with coverings . Section 228 of the Principal Act is amended by in subsection (2) omitting the expression " $400 " and substituting the expression " $50 000 ". 96. Repeal of s. 229 . Procedure at Government magazine. The Principal Act is amended by repealing section 229. 97. Amendment of s. 234 . Offences and penalties , etc. Section 234 of the Principal Act is amended by- (a) in subsection (4), (i) omitting the expression " $1,000 " and substituting the expression " $5 000 "; ( ii) omitting the expression 6` $200 " and substituting the expression 66$1000" J^ VW > (b) in subsection (8), omitting the expression " $200 " and substituting the expression " $1000 ". 98. New s. 234A. Regulations re offences . The Principal Act is amended by inserting after section 234 the following section:- 234A. Regulations re offences . Without limiting the general power to make regulations conferred by section 264, regulations may be made under that section- (i) Prescribing the offences against this Act, in respect of which a notice may be given to an offender advising that a prescribed penalty may be paid for those offences without involving court proceedings; making provision for those offences to be prescribed separately or by reference to a particular part of this Act or by a general statement incorporating reference to offences against any provision of this Act or any offence except specified offences against the provisions of this Act; (ii) Prescribing the sums of money that shall be payable as penalties in respect of offences under subparagraph (i) of this section; making provision for those sums to be prescribed differently in relation to different offences or differently in relation to any offence according to previous like offences at the time, place, or circumstances related to the commission of the offence; the persons to whom those penalties shall be paid and the procedure with respect to payment generally; (iii) Prescribing all such other matters as shall be shown on a notice given to an offender.". 99. Amendment of s. 243. Facilitation of Proof . Section 243 of the Principal Act is amended by in subparagraph (j)- (a) inserting after the words " show that any person was owner of that ship " the words " or other vessel "; (b) omitting the words " exempt from registration as a British ship and required to be licensed or registered under Part X. of this Act " and substituting the words " not registered under that Act but otherwise required to be licensed or registered under this Act ".

Queensland Marine Act Amendment Act 1981, No. 88 921 100. Amendment of s. 246. Enforcing detention . Section 246 of the Principal Act is amended by omitting in subsection (3) the expression " $600 " and substituting the expression " $10 000 ". 101. Amendment of s. 248 . Restricted limit ships not to proceed beyond limits specified in certificate of survey . Section 248 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " limited coasting "; (ii) omitting the expression " $600 " and substituting the expression $3000"; (b) in subsection (2), (i) omitting the words " on a specified occasion from one port in Queensland to any other port in Queensland " and substituting the words " on a specified voyage "; (ii) omitting the expression " $600 " and inserting the expression "$3000"; (c) by omitting subsection (3) and substituting the following subsection:- " (3) Nothing in this section shall affect the provisions of this Act relating to manning of ships and survey of ships.". 102. Amendment of s. 251. Measuring of ship when tonnage in question. The Principal Act is amended by, at the end of section 251, adding the following paragraph:- "The owner of the ship shall pay any costs incurred by the Board associated with the measurement of the ship pursuant to this section.". 103. Repeal of and new section 257. Master to keep copy of this Act. The Principal Act is amended by repealing section 257 and substituting the following section:- " 257. Master to report death , etc. (1) Where any person on board a commercial vessel or a fishing vessel dies or disappears, suffers a hurt or injury, gives birth to a child, or in case of a seaman contracts an illness which incapacitates him from the performance of his duty, the master shall- (a) Record particulars of the occurrence in the official log book (if any); and (b) As soon as practicable furnish to the Board a report in writing of the occurrence. (2) Where a report is made to the Board pursuant to subsection (1) the Board may appoint a person to make an inquiry into the occurrence. (3) A person appointed by the Board pursuant to subsection (2) shall have the powers, authorities and remedies given by this Act to shipping inspectors. (4) Where any inquiry is made pursuant to this section, the person making the inquiry shall report his findings to the Board. 30-8098

922 Queensland Marine Act Amendment Act 1981, No. 88 104. Amendment of s. 258 . Being on board a ship unlawfully . Section 258 of the Principal Act is amended by omitting the expression " $50 " and substituting the expression " $250 ". 105. Amendment of s. 260 . Forms. Section 260 of the Principal Act is amended by in subsection (2), adding after the word " effect " the following words:- " or in the form prescribed by the Marine Board or in a form to the like effect ". 106. Amendment of s. 264 . Regulations . Section 264 of the Principal Act is amended by, in subsection (3), omitting the expression " $200 " and substituting the expression " $1 000 ". 107. Amendment of s. 264A. Regulations may adopt standards. Section 264A of the Principal Act is amended by inserting after the word "Authorities" the words " , The Marine and Ports Council of Australia ". 108. Repeal of Second Schedule. Scale of officers for ships to which Part III . applies. The Principal Act is amended by repealing the Second Schedule.