Queensland Marine Act and Another Act Amendment Act 1985 (Qld)

98 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1985 An Act to amend the Queensland Marine Act 1958-1979 and the Queensland Marine Act Amendment Act 1981 each in certain particulars [ASSENTED TO 20TH MARCH, 1985]

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 99 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Queensland Marine Act and .Another Act Amendment Act 1985. 2. Commencement . (1) This Act shall not come into operation until after Her Majesty's pleasure thereon has been publicly signified in the State. (2) This Part and Part III shall commence on the day Her Majesty's pleasure is publicly signified in the State. (3) Subject to subsection (1) and except as provided by subsection (2), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY ( ss. 1-3); PART II-AMENDMENTS TO QUEENSLAND MARINE ACT (ss. 4-38): PART III-AMENDMENTS TO QUEENSLAND MARINE ACT AMENDMENT ACT (ss. 39-55). PART II-.AMENDMENTS TO QUEENSLAND MARINE ACT 4. Principal Act and citation as amended . (1) In this Part the Queensland Marine Act 1958-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Queensland Marine Act 1958-1985. 5. Amendment of s. 8 . Meaning of terms . Section 8 of the Principal Act is amended in subsection (1) by- (a) in the definition "Buoy or beacon or buoy and beacon" omitting the words "in aid of navigation" and substituting the words "for any purpose of navigation"; (b) omitting the definitions "Desertion", "Discharge" and "Effects": (c) inserting after the definition "Pilot" the following definition:- "Pilot company"-A company within the meaning of the Companies (Queensland) Code authorized by its

100 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 memorandum or articles of association to engage in the business of providing a pilotage service;"; (d) in the definition "Surveyor" omitting the words "shipwright surveyor or engineer surveyor, or both," and substituting the words "marine surveyor": (e) inserting after the definition "Use" the following definition:- "Vehicle"-Any description of vehicle however propelled and without limiting the generality thereof includes a motor cycle, bicycle, tricycle or other vehicle of similar description and a trailer attached to or drawn by a vehicle;"; (f) omitting the definition "Wages" and substituting the following definition:- "'Water-skiing"-The movement of a person on the water by a vessel while that person is outside of but attached to the vessel;". 6. Amendment of s. 14 . Appointment of officials . Section 14 of the Principal Act is amended by, in subsection ( 1), inserting before the word "surveyors" the word "marine". 7. Amendment of s. 17. Surveyors. Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting the words "shipwright surveyors or engineer surveyors, or both," and substituting the words "marine surveyors"; (b) in subsection (2), omitting the words "shipwright surveyors or engineer surveyors, or both," and substituting the words "marine surveyors". 8. Amendment of s. 18. Shipping inspectors . Section 18 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "shipping inspectors" the words "or under the provisions of this section to act as shipping inspectors"; (b) inserting after subsection (1) the following subsection:- "(1 A) Each member of the Police Force of Queensland shall, while he continues as such a member and without any further or other appointment, be a shipping inspector for the purposes of this Act."; (c) in subsection (2), inserting after subparagraph (i) of paragraph (c) the following subparagraph:- "(ia) Require the person in charge of any vehicle or vessel to stop the same and enter into or onto the same for the purpose of exercising his powers under this Act;".

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 101 9. Amendment of s. 114A. Appeal to Board. Section 114A of the Principal Act is amended in subsection (4) by inserting after the words "the Board may" the words "dismiss the appeal or". 10. Amendment of s. 138 . Regulations . Section 138 of the Principal Act is amended in paragraph (xvi) by omitting the word " installations" (where twice occurring) and substituting in each case the word "equipment". 11. Amendment of s. 152 . Regulations as to carriage of dangerous goods . Section 152 of the Principal Act is amended by- (a) in paragraph (iii) of subsection (1), inserting after the word "jurisdiction" the words "including precautions that relate to any building, works or vehicle situated within the port or have regard to the use made of and the type of activity carried on in any such building, works or vehicle"; (b) inserting after subsection (2) the following subsection:- "(3) If any of the regulations made in pursuance of this section is not complied with in relation to any building, works or vehicle, the person failing to so comply commits an offence against this Act and shall be liable on conviction on indictment to a penalty of S5 000 or on summary conviction to a penalty of $1 000.". 12. Amendment of s. 171. Ships to which pilotage exemption certificates do not apply . Section 171 of the Principal Act is amended by- (a) omitting the expression "(1)" where it appears immediately before the words "A pilotage": (b) omitting subsection (2). 13. Amendment of s. 174. Pilotage rates . Section 174 of the Principal %,:i is amended by- (a) in paragraph (ii) of subsection (2), omitting the words "measured 1% the fore part of the hull to the after part of the hull": (b) inserting after subsection (2) the following subsection:- "(2A) The exemption granted by paragraph (ii) of subsection (2) shall not apply to a vessel or vessels that is or are combined with another vessel or other vessels for the purpose of propelling or being propelled by the same where the total length of the combination of vessels is not less than 35 metres when measured from its foremost part to its aftermost part after disregarding

102 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 any portion of the combination that consists only of a towing device."; (c) in subsection (4), omitting all words from and including the word "thereof," and substituting the following words:- "thereof, with respect to all or any of the following matters:- (i) Prescribing pilotage rates in respect of those ports within the jurisdiction to which this Division applies; (ii) Requiring the giving of security in respect of the amount of any pilotage rates payable by or under this section and prescribing the type or types of security required to be given, the persons by and with whom the security is to be lodged, the manner of lodgement and the circumstances in which the security is to be given and providing for the enforcement of the security; (iii) Providing for the charging of interest at such rate as is prescribed on the amount of pilotage rates payable under this section where that amount remains unpaid 30 days after the date on which the service in respect of which the rates are payable was provided. The rate of interest charged pursuant to a regulation made for the purpose of paragraph (iii) may vary having regard to the period for which the pilotage rates in respect of which the interest is chargeable remain unpaid". 14. Amendment of s. 178. Payment of pilotage rates . Section 178 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) (a) The following persons shall be liable jointly and severally to pay the pilotage rates payable by or under this Division in respect of any ship:- (i) The owner of the ship; (ii) The agent of the owner of the ship; (iii) The master of the ship. (b) Where any person liable to pay any pilotage rates payable by or under this Division fails to pay those pilotage rates within 30 days after the date on which the service in respect of which the rates are payable was provided those pilotage rates together with the amount of any interest charged thereon pursuant to the regulations may be recovered from that person by action as for a debt in any court of competent jurisdiction.". 15. Amendment of s. 179 . Queensland coastal pilots . Section 179 of the Principal Act is amended in subsection (6) by omitting the word "Act." and substituting the following words:- "Act: Provided that the provisions of this subsection that relate to a person acting as a pilot shall not apply to a pilot company

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 103 rendering pilotage services where such services are performed on behalf of the pilot company by a Queensland coastal pilot acting under the authority of a license granted under this section.". 16. Amendment of s. 182 . Immunity of Crown, pilots , &c. Section 182 of the Principal Act is amended by- (a) in subsection (1), omitting the words "of this Division"; (b) in subsection (2), omitting the words "of this Division"; (c) adding after subsection (2) the following subsection:- "(3) No pilot company shall be liable in pecuniary damages for any damage or loss occasioned by any act or omission of a pilot while acting as such on behalf of the company and under the authority of this Part.". 17. Amendment of s. 183 . Cases where shipping casualty deemed to occur . Section 183 of the Principal Act is amended in paragraph (i) by omitting the words "or restricted limit ship" and the words ", any harbour and river ship,". 18. Amendment of s. 185. Preliminary inquiries . Section 185 of the Principal Act is amended in paragraph (ii) of subsection (1) by- (a) omitting the words "or service" and substituting the words "or of service granted under this Act or any of the repealed Acts or which is recognised pursuant to section 27 (5)"; (b) omitting the words "(whether plying within restricted limits or not), or any harbour and river ship,". 19. Amendment of s. 187 Jurisdiction , & c., of Board . Section 187 of the Principal Act is amended in paragraph (ii) of subsection (1) by- (a) omitting the words "or service" and substituting the words "or of service granted under this Act or any of the repealed Acts or which is recognised pursuant to section 27 (5)"; (b) omitting the words "(whether plying within restricted limits or not) or any harbour and river ship,". 20. Amendment of s. 188 . Formal investigation . Section 188 of the Principal Act is amended by- (a) in subsection (8), inserting after the word "license" the words "or the cancellation or suspension of the recognition of a certificate of competency or of service recognised pursuant to section 27 (5)"; (b) in subsection (11)- (i) inserting after the word "license" (first occurring) the words "or the recognition of a certificate of competency or of service recognised pursuant to section 27 (5)"; (ii) inserting after the word "license" (second occurring) the words "or, as the case may be, the certificate of competency or of service".

104 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 21. 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 second proviso to subsection (1), omitting the words "lower grade" and substituting the words "lower class or grade"; (b) in subsection (2), omitting the words "lower grade" and substituting the words "lower class or grade". 22. Amendment of s. 191 . Rehearing . Section 191 of the Principal Act is amended in subsection (4) by omitting all words from and including the words "and, in addition," and substituting the following words:- "and may confirm or vary any decision of the Board given in respect of a matter to which the rehearing relates and, where it varies any decision, may for that purpose order- (i) The reissue of any certificate or license cancelled by or at the order of the Board; (ii) That any certificate of competency or of service referred to in section 27 (5) be again recognised by the Board where the recognition of that certificate has been cancelled by the Board". 23. Amendment of s. 192. Loss of life. Section 192 of the Principal Act is amended by omitting the words "passenger coaster or restricted limit ship). any harbour and river ship" and substituting the words "passenger coaster)". 24. Amendment of s. 193. Delivery of suspended or cancelled certificate or license . Section 193 of the Principal Act is amended by- (a) in the marginal note to the section omitting the words "Delivery of suspended or cancelled certificate or license." and substituting the words "Delivery of document where certificate, license or recognition is suspended or cancelled."; (b) omitting the words ", by the Board, shall deliver his certificate or license" and substituting the words "or in respect of whom the recognition of a certificate of competency or of service recognised pursuant to section 27 (5) is suspended or cancelled under this Act by the Board, shall deliver his certificate or license or, as the case may be, the Board's notification to him of the recognition of the certificate of competency or of service pursuant to section 27 (5)". 25. Amendment of s. 195 . In certain cases a stipendiary magistrate may hold a formal investigation . Section 195 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the expression "(1.)" the expression "(a)"; (ii) adding at the end of the subsection the following paragraph:- "(b) Where pursuant to section 185A the Board has suspended a certificate or license or its recognition of any certificate of

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 105 competency or of service recognised pursuant to section 27 (5), the Board, upon receipt of a request under section 185A (3) for a formal investigation, shall direct, in writing, that the formal investigation be held before a stipendiary magistrate or acting stipendiary magistrate."; (b) in the second paragraph of subsection (2)- (i) inserting after the words "certificates or licenses" the words "and the power to suspend or cancel the recognition of a certificate of competency or of service recognised pursuant to section 27 (5)"; (ii) omitting the words "lower grade" and substituting the words "lower class or grade"; (c) in the proviso to paragraph (a) of subsection (3), inserting after the words "under this Act" the words "or the recognition of any certificate of competency or of service recognised pursuant to section 27 (5)"; (d) in subsection (4)- (i) omitting the words ", and the certificate or license is delivered to him, send the certificate or license cancelled or suspended to the Board" and substituting the words "or the recognition of any certificate of competency or of service recognised pursuant to section 27 (5), and the certificate or license or notification of the recognition is delivered to him, send the certificate or license cancelled or suspended or, as the case may be, the notification to the Board"; (ii) in the proviso to subsection (4), inserting after the word "license" the words "or the recognition of a certificate of competency or of service recognised pursuant to section 27 (5)"; (e) in subsection (4a), omitting the words ", the person whose certificate or license has been so cancelled or suspended shall deliver his certificate or license" and substituting the words "or the recognition of any certificate of competency or of service recognised pursuant to section 27 (5), the person whose certificate or license has been so cancelled or suspended or in respect of whom the recognition of any certificate of competency or of service has been so cancelled or suspended shall deliver his certificate or license or, as the case may be, the Board's notification of recognition". 26. Amendment of s. 196. Application of Part X. Section 196 of the Principal Act is amended in subsection (4) by- (a) in paragraph (iv), omitting the word "installations" and substituting the word "equipment"; (b) omitting paragraph (viii) and substituting the following paragraph:- "(viii) Regulating or prohibiting the use of any waters by vessels generally or by vessels of a particular class or particular classes and without limiting the generality of the foregoing- (a) Providing for and requiring the observance of official water traffic and water speed signs and signs and

106 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 signals for the regulation or prohibition of water traffic; (b) Defining official water traffic and water speed signs and other signs and signals by diagrams, illustrations or otherwise; (c) Regulating the speed limits of vessels generally or of vessels of a particular class or particular classes; (d) Regulating or prohibiting the use of any waters or the use of any vessels for the purposes of water- skiing; (e) Exempting any vessels or any vessels of a particular class or particular classes from any provision of regulations made pursuant to this paragraph either conditionally or unconditionally and providing for the issue by the Board of a certificate of exemption;"; (c) inserting after paragraph (xx) the following paragraph:- "(xxa) Defining "dealer"; providing for the Board to approve a dealer; prescribing the conditions that are a prerequisite to obtaining the Board's approval; excusing a dealer approved by the Board from compliance with any regulations made for the purposes of this subsection other than regulations made for the purposes of this paragraph; prescribing the duties and responsibilities of a dealer approved by the Board including the duties and responsibilities of the dealer when giving delivery of a vessel to a person who has purchased the vessel from the dealer;". 27. Repeal of s. 199 . Racing and speed trials in ports . The Principal Act is amended by repealing section 199. 28. Amendment of s. 217. Removal of stone , & c., from foreshore. Section 217 of the Principal Act is amended by- (a) in paragraph (ii) of subsection (2), inserting after the word "section" the words "and in accordance with the conditions (if any) to which that authority is made subject"; (b) inserting after subsection (2) the following subsections:- "(2A) Subject to this section, authority in writing granted by the Board pursuant to this section- (a) May be granted subject to such conditions as to the Board seem fit; (b) Shall remain valid for the period specified therein. (2B) The person in whose favour an authority is granted by the Board pursuant to this section shall pay to the Board, in respect of each cubic metre of material removed under the authority, such amount as is prescribed. (2C) Where the Board is prepared to grant its authority pursuant to this section (whether subject to any conditions or not) it shall, before granting that authority, refer a copy of the

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 107 relevant application together with its views in respect thereof to the Beach Protection Authority and that Authority shall consider what effect the removal of the material pursuant to the Board's authority is likely to have in regard to coastal management and shall advise the Board in writing- (a) That it has no objection to the Board granting its authority in accordance with the aforementioned views of the Board; (b) That it has no objection to the Board granting its authority so long as that authority is granted subject to certain specified conditions; or (c) That it objects to the Board granting its authority. (2D) Where the Beach Protection Authority advises the Board in terms of paragraph (b) or (c) of subsection (2C) it shall set out its reasons therefor. (2E) Where the Beach Protection Authority advises the Board in terms of paragraph (a) or (b) of subsection (2C) the Board may grant its authority for the purposes of this section accordingly. (2F) Where the Beach Protection Authority objects to the Board granting its authority for the purposes of this section and the Board still desires to grant that authority, the Board shall submit all, the relevant information to the Minister for his consideration and the Minister may direct the Board to grant its authority or not to grant its authority as he thinks fit. (2G) The Board shall comply with a direction of the Minister given pursuant to subsection (2F)."; (c) in subsection (4)- (i) omitting the words "The Queensland Harbours Trust," (where twice occurring): (ii) omitting the second paragraph; (d) inserting after subsection (4) the following subsection:- "(5) In this section- "Beach Protection Authority" means the Beach Protection Authority constituted under the Beach Protection Act1968-1984; "coastal management" has the same meaning as in the Beach Protection Act 1968-1984. ". 29. Amendment of s. 219. Conservancy dues . Section 219 of the Principal Act is amended by- (a) omitting subsection (5) and substituting the following subsection:-

108 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 "(5) (a) The following persons shall be liable jointly and severally to pay the conservancy dues payable by or under this section in respect of any ship:- (1) The owner of the ship; (ii) The agent of the owner of the ship; (iii) The master of the ship. (b) Where any person liable to pay any conservancy dues payable by or under this section fails to pay those conservancy dues within 30 days after the date on which they became so payable those conservancy dues together with the amount of any interest charged thereon pursuant to the regulations may be recovered from that person by action as for a debt in any court of competent jurisdiction."; (b) inserting the following subsection after subsection (7):- "(8) Without limiting the general power to make regulations conferred by section 264, regulations may be made under that section for the purposes of this section and, without limiting the generality thereof, with respect to all or any of the following matters:- (i) Requiring the giving of security in respect of conservancy dues payable by or under this section and prescribing the type or types of security required to be given, the persons by and with whom the security is to be lodged, the manner of lodgement and the circumstances in which the security is to be given and providing for the enforcement of the security; (ii) Providing for the charging of interest at such rate as is prescribed on the amount of conservancy dues payable under this section where that amount remains unpaid 30 days after the date on which it became so payable. The rate of interest charged pursuant to a regulation made for the purpose of paragraph (ii) may vary having regard to the period for which the conservancy dues in respect of which the interest is chargeable remain unpaid.". 30. Amendment of s. 234. Offences and penalties , &c. Section 234 of the Principal Act is amended by omitting subsection (6) and substituting the following subsection:- "(6) Subject to this Act, no proceedings shall be taken for an offence against this Act except upon the complaint of- (a) A shipping inspector; (b) A person authorized in that behalf, either generally or in the particular case, by the Board; or (c) A person directed by the Minister to take those proceedings in which case it shall not be necessary

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 109 to prove that any such direction by the Minister has been given.". 31. Amendment of s. 235 . Recovery of fines, & c., by distress . Section 235 of the Principal Act is amended in subsection (1) by- (a) omitting paragraph (ii) and the word "or" appearing immediately after that paragraph; (b) omitting the words "in the case of a proceeding for the recovery of wages". 32. Repeal of s. 237 . Payment to owner of forfeited wages. The Principal Act is amended by repealing section 237. 33. Amendment of s. 239. Protection of officials , &c. Section 239 of the Principal Act is amended by- (a) omitting the expression "(1.)"; (b) inserting after the words "or thing done" the words "or omitted to be done"; (c) inserting after the words "or in the execution" the words "or purported execution". 34. Repeal of s. 242. Proof of agreement by seamen . The Principal Act is amended by repealing section 242. 35. New s. 248A. Racing and speed trials. The Principal Act is amended by inserting after section 248 the following heading and section:- "Racing and Speed Trials 248A. Racing and speed trials . (1) The Board may, subject to such terms and conditions as to it seem desirable, permit a person to organize and promote- (a) A race between vessels; (b) An attempt to establish or break any vessel speed record; (c) A trial of the speed of a vessel; (d) A regatta or other aquatic carnival. (2) Notwithstanding any other provision of this Act but subject to the terms and conditions specified in the permit- (a) A competitor in the race; (b) The person attempting to establish or break the vessel speed record; (c) The person trying the speed of the vessel; (d) A person actively participating in the regatta or other aquatic carnival,

1 10 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 in respect of which a permit under subsection (1) is issued together with any other person specified therein shall be excused from compliance with such of the provisions of this Act that would otherwise be applicable in the circumstances as are specified in the permit. (3) Without limiting the terms and conditions to which a permit issued under subsection (1) may be made subject, the Board may impose conditions- (a) Relating to public safety and convenience; (b) Relating to the place, date and time at which the race, attempt, trial, regatta or other aquatic carnival, as the case may be, may be held. (4) The Board may, in a permit issued under subsection (1), direct that a person, other than the permittee, who is aware that the permit has been issued shall not organize and promote any race, attempt, trial, regatta or other aquatic carnival referred to in that subsection to be held at the place or any part thereof and during the times or any part thereof specified in the direction. (5) A permit issued under subsection (1) shall be in writing and the permit and the terms and conditions to which it is subject may be of general or limited application. (6) Any person organizing, promoting or taking part in a race, attempt, trial, regatta or other aquatic carnival in respect of which a permit has been issued under subsection (1) who contravenes or fails to comply with any term or condition to which the permit is subject commits an offence. Penalty: $1 000. (7) A person who contravenes or fails to comply with a direction of the Board referred to in subsection (4) commits an offence. Penalty: $1 000.". 36. Amendment of s. 249. Forgery and fraudulent alteration to documents and false representations , &c. Section 249 of the Principal Act is amended by- (a) in paragraph (v) omitting the word "declaration." and substituting the words "declaration; or"; (b) inserting after paragraph (v) the following paragraph:- "(vi) Personates any person named in a certificate , license or other authority granted or issued under this Act or any of the repealed Acts or any person named in a certificate of ( c5o)m. ". petency or of service recognised pursuant to section 27

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 37. Amendment of s. 253 . Power of Board to cancel certificates of convicted persons. Section 253 of the Principal Act is amended by- (a) in subsection (1), omitting paragraph (a) and substituting the following paragraph:- "(a) Upon conviction for an indictable offence of the holder of a certificate of competency or of service recognised by it pursuant to section 27 (5), its recognition of that certificate;"; (b) in subsection (2)- (i) inserting after the words "authority whatsoever" the words "or of the recognition of any certificate of competency or of service recognised pursuant to section 27 (5)"; (ii) in paragraph (a), omitting the words "or authority" (where twice occurring) and substituting in each case the words "authority, or recognition"; (iii) omitting the word "and" appearing after paragraph (b); (iv) inserting after paragraph (b) the following paragraph and word:- "(ba) Shall, whilst the recognition of such certificate is so suspended, disqualify the person who holds or held that certificate from holding or obtaining under this Act a certificate of a similar grade, class or description; and"; (c) in subsection (3), omitting the expression "subsection (5) of section twenty-three of this Act" and substituting the expression "section 27 (5)"; (d) in subsection (4), omitting the expression "subsection (5) of section twenty-three of this Act" and substituting the expression "section 27 (5)". 38. Amendment of s. 264A. Regulations may adopt standards. Section 264A of the Principal Act is amended by- (a) numbering the present section as subsection (1); (b) adding at the end thereof the following subsection:- "(2) The regulations may provide for the approval of the Board to be the standard applicable in respect of a particular matter in any case where- (a) Having regard to the number of different methods of achieving safety of operation of vessels; or (b) Having regard to the number of different methods of achieving any other purpose of this Act, it is impractical to prescribe detailed standards.".

1 1 2 Queensland Marine Act.and Another Act Amendment Act 1985, No. 8 PART III-AMENDMENTS TO QUEENSLAND MARINE ACT AMENDMENT ACT 39. Principal Act and citation as amended . (1) In this Part the Queensland %farine Act Amendment Act 1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Queensland Marine Act Amendment Act 1981-1985. 40. Amendment of s. 1 . Short title and citation . Section 1 of the Principal Act is amended in subsection (3) by omitting the expression "1981" and substituting the expression "1985". 41. Amendment of s. 3. Section 3 of the Principal Act is amended in paragraph (a) by omitting all words from and including the words "PART Ill-MANNING" to and including the words "Seamen (ss. 28- 63);" and substituting the following words:- "PART III-MANNING OF SHIPS (ss. 22-28); Division 1-Application of Commonwealth Provisions (s. 22); Division 2-Provisions in respect of Vessels to which Division I does not Apphv (ss. 23-28);". 42. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) omitting paragraph (a) and substituting the following paragraph:- "(a) omitting the definition "Agreement":"; (b) in paragraph (d), omitting the words "a vessel which is used in trade or which is not used solely for pleasure or recreation:" and substituting the words "A vessel which is used or intended to be used for any purpose other than solely for pleasure or recreation:"; (c) in paragraph (e), omitting the word "Consultative"; (d) in paragraph (g), omitting the word "Consultative"; (e) in paragraph (m), omitting the words "an inter-State voyage;";" and substituting the following words:- "an inter-State voyage; "Length"-In relation to a vessel or ship, the distance in metres measured in the fore and aft line from the fore part of the hull to the after part of the hull of the vessel or ship taken at the upper side of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;";"; (f) in paragraph (z), omitting the words "Marine and Ports Council of Australia" and substituting the words "Australian Transport Advisory Council".

Queensland Marine Act and Another Act Amendment A ct 1985, No. 8 113 43. Repeal of and new s. 9. The Principal Act is amended by repealing section 9 and substituting the following section:- "9. Repeal of and new Part III. Officers. The Principal Act is amended by- "(a) omitting the heading "PART III.-OFFICERS." appearing immediately before secion 22; (b) repealing sections 22 to 31 (both inclusive); and (c) substituting the following headings and sections:- "PART III-MANNING OF SHIPS Division 1-Application of Commonwealth Provisions 22. Application of Commonwealth provisions . (1) The Commonwealth provisions, with such modifications as may be necessary, apply by virtue of this section to ships, their owners, masters, and crew being ships that- (i) Are coasters of 35 metres and over in length; and (ii) Are ships prescribed by Order in Council for the purposes of this section, during any period when they are not otherwise subject to the Commonwealth provisions, as if the Commonwealth provisions were part of this Act. (2) Notwithstanding that a portion of the period may predate the commencement of the Queensland Marine Act AmendmentAct 1981-1985, the Commonwealth provisions as applied by subsection (1) shall be taken to have applied to ships, their owners, masters and crew being ships referred to in that subsection during the period specified in the Order in Council made for the purposes of subsection (1) as the period during which the Commonwealth provisions are to be taken to have so applied and for that purpose those provisions with such modifications as may be necessary shall have retrospective effect accordingly. (3) For the purpose of facilitating the administration of the Commonwealth provisions as applied by this section the Governor in Council may request the Governor-General to authorise and cause work to be performed and services to be provided, including the performance of duties by Commonwealth officers, for the Government of the State and may, by agreement with the Governor-General, or otherwise, make arrangements for determining- (i) The basis of recoupment to be made by the Government of the State for the performance of the work or the provision of the services; and (ii) Any matters which may require to be adjusted with regard to the performance of the work or the provision of the services. (4) The arrangements under subsection (3) may provide for the retention by the Commonwealth of fees, fines and forfeitures

1 14 Queensland Marine Act and Another Act Amendment Act 1985. No. 8 imposed under the Commonwealth provisions as applied by virtue of this section. (5) In this section- "Commonwealth provisions" means- (i) Part II of the Navigation Act and regulations and Orders made in pursuance of that Part; (ii) Such other provisions of the Navigation Act as may be necessary for the operation of Part II of that .Act; (iii) The Seamen's Compensation Act 1911 of the Commonwealth as amended and in force for the time being or any Act of the Commonwealth passed in substitution for that Act and regulations thereunder. (6) Expressions used in the Commonwealth provisions shall have the same meaning as those expressions have in those provisions. (7) The operation of this section either generally or in relation to a particular ship may be determined at any time by Order in Council. Division 2-Provisions in respect of Vessels to which 'Division 1 does not Apply 23. Application. This Division applies to- (i) Prescribed fishing vessels; (ii) Prescribed lighters and dredgers engaged on intra- State voyages; and (iii) Commercial vessels engaged on intra-State voyages, but does not apply to ships to which the Commonwealth provisions apply pursuant to Division 1 or to their owners, masters or crew. 24. Exemption of ships. (1) 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 to which this Division applies 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. (2) The portmaster or a 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 (ii) In other circumstances that are beyond the control of the owner or master of the ship,

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 11 5 grant permission in writing for a ship to which this Division applies 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 paragraph (i) the owner or master of the ship shall make every endeavour to obtain a substitute seaman as soon as possible. (3) If there is any contravention of or failure to comply with any condition imposed under subsection (1) or subsection (2), or failure to comply with the provisions of subsection (2), the owner and master of the ship shall each commit an offence against this Act, and the ship may be detained by the Board. 25. Board may summon, etc . (1) For the purposes of this Division the Board may- (i) By summons under the hand of the secretary require any person to attend before the Board; (ii) Require any person to give oral or written answers to any questions relating to any matter before the Board; (iii) By summons under the hand of the secretary require any person to produce any books, maps, plans, papers or documents relating to any matter before the Board. (2) All summonses issued under the hand of the secretary shall be deemed to be issued by and under the authority of the Board. (3) An officer of the Board may enter and inspect 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. 26. Board to direct owner as to minimum qualifications and number of crew . (1) The Board shall determine in respect of a ship or each ship in a class of ships to which this Division applies the qualifications of the master, the minimum number of qualified officers of specified designations, if any, and the minimum number of other seamen of specified designations, if any, to be employed on board the ship for the voyage or voyages or operation or operations in which the ship is to be engaged. (2) The determination may provide for a ship or each ship in a class of ships to carry a master of 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 voyages of different durations; (ii) For the carnage of different cargoes; (iii) For the performance of different operations done by or in relation to the ship; and (iv) According to different geographical limits within which the ship may ply.

1 16 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 27. Ships to have certificated masters and officers . (1) Subject to section 24, 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, duly certificated officers and other seamen as determined by the Board: Provided that the Board may grant a permit to a person or persons to act as a duly certificated master or officer during such period as the Board determines, in which case the person or persons shall during the currency of the permit be deemed to be a duly certificated master or officer, as the case may be, 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 master of the ship shall each commit an offence against this Act. Penalty: $2 000. (b) If any person attempts to take a ship to sea or 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 duly certificated officers and other seamen as directed by the Board. (3) (a) Any person who- (i) Unless he is duly certificated, permits himself to be engaged, or 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 paragraph (a) (iii).

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 117 (4) In relation to a ship a person shall be deemed not to be duly certificated unless- (i) 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 recognised for the purposes of this Division, 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 (ii) 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) Subject to this Act each certificate 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, where the Board in its discretion notifies the holder thereof in writing that it recognises the certificate and while the certificate remains in force, be recognised for the purposes of this Division. 28. Regulations . (1) Without limiting the general power to make regulations conferred by section 264, regulations may be made under that section in relation to ships or seamen to which this Division applies and, without limiting the generality thereof, with respect to 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 seamen or class or grade of seaman may be employed at sea; (ii) Providing for the eyesight testing and medical examination (including 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 of 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 or comfort of the crew; (iv) The types and quantities of medicines and medical stores to be carried on a ship, or a class of ship; (v) The keeping aboard prescribed ships or ships belonging to a prescribed class of ships of a deck or an engine-room log book and the particulars to be kept therein. 7

1 18 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 (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 Division applies.".". 44. Amendment of s. 10. Transitional . Section 10 of the Principal Act is amended by- (a) inserting after the words "a ship" the words ", to which the provisions of Division 2 of Part III of the Queensland Marine Act 1958- 1985 would apply immediately after that commencement but for this section,"; (b) omitting the expression "1981" and substituting the expression "1985". 45. Amendment of s. 11. Section I 1 of the Principal Act is amended in paragraph (d) by- (a) omitting the words "Marine Engine Driver Grade II" (where occurring in section 64 (1) as inserted by the said section 11) and substituting the following words:- "Marine Engine Driver Grade II; and generally such other classes or grades as may be prescribed"; (b) omitting the expression "1981" (where twice occurring in section 64 (3) as inserted by the said section 11) and substituting the expression "1981-1985" in each case; (c) omitting all words from and including the words " 70. Return of certificates ." to and including the words "Penalty: $500." (secondly occurring). 46. Amendment of s. 16. Section 16 of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraph:- "(c) omitting paragraph (a) of subsection (3) and substituting the following paragraphs:- "(a) If any ship to which this Part applies proceeds to sea or plies on any voyage or excursion in contravention of subsection (1) the master and the owner of the ship each commit an offence against this Act. Penalty: $3 000. (aa) Where there is a failure to comply with any condition subject to which- (i) A certificate of survey is granted pursuant to this Part; or (ii) A permit is granted under subsection (2), the master and the owner of the ship to which the certificate or, as the case may be, permit relates each commit an offence against this Act. Penalty: $3 000.";". 47. Amendment of s. 23 . Section 23 of the Principal Act is amended in paragraph (c) by omitting all words from and including the words

Queensland 1llarine Act and Another Act Amendment Act 1985, No. 8 119 "(x) Gross tonnage" to and including the word "validity," and substituting the following words:- "(x) Gross tonnage, where applicable; (xi) Limit and disposition of cargo by reference to the assigned load line, where applicable; and (xii) Period of validity,". 48. Repeal of and new s. 58. The Principal Act is amended by repealing section 58 and substituting the following section:- "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- (a) numbering the present section as subsection (1); (b) omitting paragraph (ii) and substituting the following paragraph:- "(ii) Every ship having a length of less than 35 metres;"; (c) adding at the end thereof the following subsection:- "(2) The exemption granted by paragraph (ii) of subsection (1) shall not apply to a vessel or vessels that is or are combined with another vessel or other vessels for the purpose of propelling or being propelled by the same where the total length of the combination of vessels is not less than 35 metres when measured from its foremost part to its aftermost part after disregarding any portion of the combination that consists only of a towing device.".". 49. Amendment of s. 65 . Section 65 of the Principal Act is amended in subparagraph (ii) of paragraph (b) by omitting the words "measured from the fore part of the hull to the after part of the hull". 50. Repeal of and new s. 75. The Principal Act is amended by repealing section 75 and substituting the following section:- "75. New s. 185A. The Principal Act is amended by inserting after section 185 the following section:- "185A. Certificate, license or recognition may be suspended. (1) Notwithstanding any other provision of this Act but subject to this section, where in the opinion of the Board the holder of any certificate or license granted or issued under this Act or any of the repealed Acts or of any certificate of competency or of service recognised pursuant to section 27 (5) is incapable of discharging his duties as the holder of that certificate or license or that certificate of competency or of service by reason of his being incompetent or of his misconduct the Board may by notice served on the holder suspend for a period any such certificate or license or, as the case may be, the recognition of any such certificate of competency or of service.

120 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 (2) A notice served under subsection (1) shall indicate whether or not a formal investigation is to be held into the matter alleged to constitute the incompetence or misconduct. (3) Where the notice served under subsection (1) indicates that a formal investigation into the matter alleged to constitute the incompetence or misconduct is not to be held the person to whom the suspension relates may, within 21 days of the service of that notice on him, request the Board in writing to direct that a formal investigation into the matter alleged to constitute the incompetence of misconduct be held and where he does so the Board shall direct the holding of such a formal investigation. (4) Where any certificate or license or the recognition of any certificate of competency or of service has been suspended pursuant to subsection (1) the person to whom that suspension relates may- (a) Where the notice served under subsection (1) indicates that a formal investigation is to be held- within 21 days after the service on him of that notice; (b) Where the notice served under subsection (1) indicates that a formal investigation is not to be held and the person has requested the holding of a formal investigation pursuant to subsection (3)- within 21 days of making the request, appeal to a Judge of the District Court at Bri sbane against the suspension. (5) On the appeal- (1) The Board may be represented and may oppose any reversal of the suspension; (ii) The Judge may confirm the suspension or reverse the suspension pending the outcome of the formal investigation and make such further orders in the matter (including an order as to costs) as to him seem proper in the circumstances. (6) An appeal under this section shall be by way of rehearing and the decision of the Judge is final and shall be given effect to by the Board. (7) Rules of court may be made under the District CourtsAct 1967-1982 with respect to the institution, conduct and disposal of an appeal. Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing the appeal under this section may, in the particular case, give such directions as he may think fit and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof.".".

Queensland Marine Act and Another Act Amendment Act 1985, No. 8 121 51. Repeal of s. 81. Section 81 of the Principal Act is repealed. 52. Amendment of s. 90 . Section 90 of the Principal Act is amended in paragraph (c) by omitting the word "vessel" (where thrice occurring) and substituting in each case the word "ship". 53. Amendment of s. 92 . Section 92 of the Principal Act is amended by- (a) inserting after the provision commencing with the expression "(ii) Prescribing" the following provision:- "(iia) Prescribing the conditions under which explosives of any specified class or category may be brought within port limits as defined pursuant to this Act;"; (b) in the provision commencing with the expression "(d) The minimum" inserting after the words "or any building" the words ", works or vehicle". 54. Repeal of and new s . 101. The Principal Act is amended by repealing section 101 and substituting the following section:- . "101. Repeal of and new s. 248 . The Principal Act is amended by- (a) omitting the heading "Restricted limits. appearing immediately above section 248 and substituting the following heading:- "Limits Specified in Certificate of Survey. "; (b) repealing section 248 and substituting the following section:- "248. Ships not to proceed beyond limits specified in certificate of survey . (1) Subject to the provisions of subsection (2), a ship in respect of which a certificate of survey is for the time being in force shall not ply or proceed beyond the limits stated in that certificate of survey and if any such ship so plies or proceeds the owner and the master commit an offence against this Act. Penalty: $3 000. (2) The Board may, upon such conditions (if any) as it thinks fit, grant a permit to the owner or master of any such ship for that ship to proceed on a specified voyage and if any ship in respect of which such a permit has been granted fails to observe any condition upon which it was granted, the owner and the master commit an offence against this Act. Penalty: $3 000. (3) Nothing in this section shall affect the provisions of this Act relating to manning of ships and survey of ships.".".

122 Queensland Marine Act and Another Act Amendment Act 1985, No. 8 55. Amendment of s. 107. Section 107 of the Principal Act is amended by omitting the words " ", The Marine and Ports Council of Australia" " and substituting the words The Australian Transport Advisory Council" ".