Queensland Marine Act Amendment Act of 1963 (Qld)

873 Muccnslanb ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE No. 1 of 1963 An Act to Amend "The Queensland Marine Act of 1958," in certain particulars [RESERVED: HER MAJESTY'S ASSENT PROCLAIMED: 17TH JANUARY, 1963] B E 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. (1) This Act may be cited as " The Queensland Short title Marine Act Amendment Act of 1963." (2) "The Queensland Marine Act of 1958 " is in Principal Act this Act referred to as the Principal Act. collec( 3ti) veTlyhecPitreidnciapsal " T A h c e t Q a u n e d en th s i l s an A d ct M m a a ri y ne be A C ct o s l , lteitcletive 1958 to 1963."

874 Queensland Marine Act Amendment Act of 1963, No. 1 Commence- 2. This Act shall not come into operation until ment after Her Majesty's pleasure herein has been publicly signified in Queensland. After the signification of the said pleasure this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Amendment 3. Subsection (1) of section one hundred and of s. 179 (1) seventy-nine of the Principal Act is amended by- (a) omitting paragraphs (i) and (ii) and inserting in their stead the following paragraphs :- (i.) For ships navigating the waters of the Queensland coast, Torres Strait, and the area between Booby Island and Bramble Cay ; or (ii.) For ships navigating any portion or portions of the waters of the Queensland coast, Torres Strait, and the area between Booby Island and Bramble Cay," ; and (b) omitting the proviso and inserting in its stead the following proviso :- " Provided that a license under this section shall not be granted in respect of a portion or portions of the waters of the Queensland coast, Torres Strait, and the area between Booby Island and Bramble Cay unless and until the Governor in Council by Order in Council has determined that licenses under this section may be granted in respect of such portion or portions." Amendment 4. Section one hundred and eighty-five of the of s. 185 (1) Principal Act is amended by omitting paragraph (iii) of subsection (1) and inserting in its stead the following paragraph :- (iii.) Any incompetence or misconduct on the part of any person holding any license (including a pilot's license), or any pilotage exemption certificate, issued under this Act has occurred on any ship, or other prescribed vessel, in or near the jurisdiction,".

Queensland Marine Act Amendment Act of 1963, No. 1 875 5. Section one hundred and eighty - seven of the Amendment Principal Act is amended by omitting paragraph (iii) of s. 187 (1) of subsection ( 1) and inserting in its stead the following paragraph :- (iii.) To hold a formal investigation for the purpose of hearing and determining any charge of incompetency or misconduct on the part of any person holding any license (including a pilot ' s license ), or any pilotage exemption certificate, issued under this Act, in respect of incompetency or misconduct on any ship, or other prescribed vessel, in or near the jurisdiction,". Act 6is. Samecetinodneodnebyh-undred and ninety of the Principal Amend s. m 19 e 0 nts (a) omitting the second proviso and inserting in its stead the following proviso :- " Provided further that the Board may order the issue of a certificate of a lower grade in lieu of a certificate so cancelled or to have force and effect during the period of suspension of a certificate so suspended , including in any case where, upon a formal investigation such a cancellation or suspension has been determined by a stipendiary magistrate or acting stipendiary magistrate."; (b) renumbering that section as amended by paragraph ( a) of this section as subsection ( 1) ; and (c) inserting after subsection (1), as so renumbered by this section, the following subsection :- " (2.) Where upon a formal investigation under this Part the Board , or a stipendiary magistrate or acting stipendiary magistrate, has- (a) suspended or cancelled, or ordered to be suspended or cancelled, the certificate of any master, mate, or engineer, or any certificate of any other person issued under this Act ; or (b) directed that the recognition for the purposes of this Act of the certificate of competency or service of any person recognised pursuant to subsection (5) of section twenty-three of this Act, be suspended or cancelled, the Board may forward to any competent authority established under the laws of the Commonwealth or of any other State of the Commonwealth having power to

876 Queensland Marine Act Amendment Act of 1963, No. 1 grant or recognise certificates of competency or of service, a copy of the record of the proceedings of the formal investigation and of the decisions therein, including any order as to the issue of a certificate of a lower grade in lieu of a certificate so cancelled or to have force and effect during the period of suspension of a certificate so suspended." Amendment 7. Section one hundred and ninety-one of the of s. 191 Principal Act is amended by adding the following subsection :- " (6.) Where the Board has, pursuant to subsection (2) of section one hundred and ninety of this Act, forwarded a copy of the record of the proceedings of a formal investigation and of the decisions therein to a competent authority, then on the conclusion of a rehearing under this section of the case, either generally or as to any part thereof, the Board shall forward to that competent authority a copy of the record of the proceedings of the rehearing and of its decisions therein." Amendments 8. Section one hundred and ninety-five of the of s. 195 Principal Act is amended by- (a) in subsection (2) adding the following paragraph :- " The powers conferred upon a stipendiary magistrate or acting stipendiary magistrate by this subsection include the power to suspend or cancel certificates or licenses prescribed by subsection (1) of section one hundred and ninety of this Act, but do not include the power to order the issue of a certificate of a lower grade in lieu of a certificate which the stipendiary magistrate or acting stipendiary magistrate has determined to cancel or to have force and effect during the period of suspension of a certificate which the stipendiary magistrate or acting stipendiary magistrate has determined to suspend." ; (b) in subsection (3) omitting from the proviso to paragraph (a) the words " or the license of a pilot or a pilotage exemption certificate " and inserting in their stead the words " or any license (including a pilot's license) or any pilotage exemption certificate issued to any person under this Act " ; and

Queensland Marine Act Amendment Act of 1963, No. 1 877 (c) inserting after subsection (4) the following subsection :- " (4a.) Where a stipendiary magistrate or acting stipendiary magistrate, pursuant to the powers conferred upon him by this section, cancels or suspends any certificate or license, the person whose certificate or license has been so cancelled or suspended shall deliver his certificate or license- (i.) if and when demanded by the stipendiary magistrate or acting stipendiary magistrate, to such stipendiary magistrate or acting stipendiary magistrate, upon demand ; (ii.) if not so demanded, then, if demanded by the Board, to the Board or to such person as the Board may direct, and within such time as the Board may direct. Penalty : Fifty pounds." 9. Section two hundred and fifty-three of the Amendment Principal Act is amended by adding the following of s. 253 subsections :- " (3.) Where a court of marine inquiry or other tribunal established under the laws of the Commonwealth, or of any other State of the Commonwealth, has, following upon an investigation or inquiry, cancelled or suspended a certificate of competency or of service or any other certificate or license insofar as concerns the validity of such certificate or license under the law of the Commonwealth, or of that other State of the Commonwealth, as the case may be, the Board may at any time, upon receipt of a copy of the record of the proceedings of that investigation or inquiry and of any decisions made therein, and following examination thereof, without further investigation or inquiry, in relation to any person whose certificate or license has been so cancelled or suspended, cancel or suspend- (a) any certificate or license or any authority whatsoever of that person under this Act ; or (b) the recognition for the purposes of this Act of the certificate of competency or service of that person, recognised pursuant to subsection (5) of section twenty-three of this Act.

878 Queensland Marine Act Amendment Act of 1963, No. 1 (4.) Where a certificate, license or authority under this Act, or the recognition for the purposes of this Act of any certificate of competency or service, recognised pursuant to subsection (5) of section twenty-three of this Act, has been cancelled or suspended, the Board may at any time if it thinks the justice of the case requires it, but subject to confirmation by the Minister- (a) in the case of a cancelled certificate, license, or authority-reissue the certificate, license, or authority; (b) in any case-order the issue of a certificate, license, or authority of a lower grade; (c) in the case of the cancellation of recognition of a certificate of competency or service- revoke that cancellation ; (d) in the case of the suspension of a certificate, license, or authority, or the suspension of recognition of a certificate of competency or service-revoke that suspension."