Queensland Marine Act of 1958 (7 Eliz Ii No. 37) (Qld)

SHIPPING. 7 E liz . II. No. 37, 1958. Queensland Marine Act. 269 SHIPPING. An Act to Consolidate and Amend the Law of 7^IZ371L Queensland relating to Merchant Shipping, Q ueensland - i p . M arine A ct and for other purposes. i!>58- ♦[R eserved : H er M ajesty ’ s A ssent P roclaimed : 30 th O ctober , 1958.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I. — P reliminary . P reliminary . 1. This Act may be cited as “ The Queensland Short title. Marine Act of 1958.” 2. (1.) This Act shall not come into operation Commence- until after Her Majesty’s pleasure herein has been ^servtfion publicly signified in Queensland. m . s . Act, fAfter 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. ' f(2.) It shall not be necessary to proclaim that the whole Act shall commence on the one date but the several Parts, Divisions, Sections, and Schedules may be proclaimed to commence on such dates as are respectively fixed by Proclamation. 3. This Act is divided into Parts as follows :— P art I.— P reliminary ( ss . 1-8); P art II.— A dministration ( ss . 9-21); Parts of this Act. Abbrevia­ tions. M.S. Act— Division I.—The Marine Board of Queensland shipping <»• 9~13) j Division II.—Officials (ss. 14-18); Division III.—General (ss. 19-21); P art III. —O fficers ( ss . 22-31); M.S. Act, 1906- Merchant Shipping Act, 1906 (Imperial).* * Proclamation pubd. Gaz. 30 Oct. 1958, p. 771. t Act, except Part III. (ss. 22-31) thereof and the Second Schedule thereto, commenced 2 Feb. 1959 (Proc. pubd. Gaz. 17 Jan. 1959, p. 349).

270 P art I.— P reliminary . C’th Act- Navigation Act, 1912­ 1953 (Common­ wealth). Q. Act— The Navigation Act of 1876 (Queens­ land). Q. Act (1896)— The Navigation Act Amendment Act of 1896 (Queens­ land). Q. Act (1911)— The Navigation Acts Amendment Act of 1911 (Queens­ land). Q. Act (1930)— The Navigation Acts Amendment Act of 1930 (Queens­ land). Q. Act (1939)— The Navigation Acts Amendment Act of 1939 (Queens­ land). P.D.R. Act—The Port Dues Revision Act of 1882 (Queens­ land). Q.H. Act— The Harbours Acts, 1955 to 1956 (Queens­ land). SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, P ast IV.— S eamen ( ss . 32-106); Division I .— General (s. 32); Division II.—Apprentices (s. 33); Division III. — Rating of Seamen (ss. 34-36); Division IV. — Engagement, dec., of Seamen (ss. 37-46); Division V.—The Crew (s. 47); Division VI. — The Agreement (ss. 48-58); Division VII. — Discharge of Seamen (ss. 59-62) ; Division VIII. — Seamen’s Wages (ss. 63-77); Division IX. — Discipline (ss. 78-88); Division X. — Provisions (ss. 89-93) ; Division XI.—Health (ss. 94-101); Division XII.—Accommodation for Seamen (ss. 102-103); Division XIII. — The Official Log Book, Ship's Log Book, and Engine-room Log Book (ss. 104-106); P art V. —P assengers ( ss . 107-110) ; P art VI.— S urvey of S hips ( ss . 111-123); P art VII. —S afety and P revention of A ccidents ( ss . 124-159); Division I .— Application (s. 124) ; Division II.—Unseaworthy Ships (ss. 125-126); Division III. — Overcrowding and Overloading (ss. 127-128) ; Division IV.—Deck and Load Lines (ss. 129-135) ; Division V.—Equipment (ss. 136-139); Division VI.—Regulations for Preventing Collisions, dec. — Lights, Signals, dec. (ss. 140-146); Division VII.—Carriage of Dangerous Goods (ss. 147-153);

1958. SHIPPING. Queensland Marine Act. 271 P art I.— P reliminary . Division VIII.—Livestock and Deck Cargo S.A. Act— (s. 154) ; Marin© Act, 1936 (South Division IX.—Miscellaneous Provisions for Australia). Furthering Safety (ss. 155-159) ; S.A.H. Act- P art VIII. —P ilotage ( ss . 160-182) ; Harbours Act, 1936 (South Division I. — Port Pilotage (ss. 160-178); Australia). Division II.—Queensland Coastal Pilots WW. eAst.eArnct- (ss. 179-180) ; Australian Marine Act, Division III.—General (ss. 181-182); 1948 (Western P art IX. —I nquiries and I nvestigations into Australia.) S hipping C asualties , I ncompetency , and NA. cSt— .W. M isconduct ( ss . 183-195); Navigation Act, 1901­ Division I.—Application (s. 183) ; 1949 (New South Division II.—Notice of Shipping Casualties , &c. Wales). (s. 184) ; N.Z. Act- Shipping DivisIinovnestIigIIa. ti—onPsre (s l s im . 1 in 8 a 5 r - y 19 I 5 n ) q ; uiries—Formal aA( Nncdetw, S1e9a5m2en Zealand). P art X. —R egulation and C ontrol of C ertain N.Z.H. V essels ( s . 196) ; Act— Harbours P art XI. —P orts ( ss . 197-219) ; Act, 1950 (New Division I. — Control of Ports (ss. 197-218) ; Zealand). V. Act- Division II. — Conservancy Dues (s. 219) ; Marine Act, 1928 P art XII. —C ontrol of E xplosives in S hips (Victoria). (ss. 220-230); P art XIII. —L egal P roceedings and D etention of V essels ( ss . 231-247) ; P art XIV. —M iscellaneous ( ss . 248-266) ; S chedules . 4. This Act, including every Proclamation, Order interpre­ in Council, regulation, and rule made under ortatlon- continued in force by this Act, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such Proclamation, Order in Council, regulation, or rule would but for this section have

272 P art I.— P reliminary . SHIPPING. Queensland, Marine Act. 7 E liz . II. No. 37, been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Saving of 5. Unless otherwise expressly provided, the Acecrttsa. in other provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of— (i.) *“ The Criminal Code ” ; or (ii.) Any other Act (including any regulation, by-law, ordinance, or rule thereunder) specified in this behalf by the regulations, and nothing in this Act shall extinguish or abridge any power or authority conferred by any such Act or exercisable by virtue of the prerogative of the Crown. Exemptions. 6. Except where this Act or any Proclamation, sCQ. ’ . t3hA. cAt, cts, . 3 oOtrhdeerrwiisne Copurnocviild, ersegultahtiison Aorctr, ule inmclauddeinghereuenvdereyr Ms. . 7S4. 1A. ct, Pheroreculanmdeart,iosnh, allOnrodterapipnly Ctoo—uncil, regulation or rule (i.) Her Majesty’s ships ; (ii.) Ships of the naval, military, or air forces of any Commonwealth country, including Australia and any Commonwealth country other than Australia, or of any British possession not a Commonwealth country, and, save ships usually engaged in carrying passengers or cargo or both passengers and cargo for hire or reward, ships which belong to the Government of any such Common­ wealth country or British possession or which are held by any person on behalf of or for the benefit of any such Government, or which are employed in the service of any such Government; or (iii.) Ships of the naval, military, or air forces of any foreign Government. For the purposes of this section “ Commonwealth” means the British Commonwealth of Nations, and “ Commonwealth country ” means a country that is a member of the Commonwealth, including every territory for whose international relations the Government of that country is responsible. * 6? V. No. 9, Seh. I.

1958. SHIPPING. Queensland Marine Act. 273 P art I.— P reliminary . 7. The Acts mentioned in the First Schedule to Repeals and this Act (hereinafter referred to as “ the repealed Acts ”) Seh^if' are repealed to the extent in that Schedule indicated : Provided that, but without limiting the operation of *“ The Acts Interpretation Acts, 1954 to 1957,”— (i.) The Marine Board of Queensland constituted and incorporated under the repealed Acts shall continue in existence and shall under the same name be the Board constituted under and for the purposes of this Act; The repeal of the repealed Acts shall not affect its continuity or its corporate identity ; That Board shall be constituted under and for the purposes of this Act by the chairman and other members thereof in office immediately prior to the commencement of this Act, each of whom may, subject to this Act but without further or other appointment, continue in his respective office; (ii.) The repeal of the repealed Acts shall not affect the continuity of the office or employment of any officer or employee of that Board, but every person who immediately prior to the commencement of this Act is an officer or employee of that Board shall thereafter continue in his office or employment under and subject to this Act; (iii.) The repeal of the repealed Acts shall not affect any rights or liabilities of that Board, and any legal proceedings that might have been commenced or continued by or against that Board as constituted under the repealed Acts may be commenced or continued by or against it as constituted under and for the purposes of this Act; (iv.) Property, including moneys, held under and for the purposes of the repealed Acts by the Board shall be retained and applied by that Board under and for the purposes of this Act; (v.) Unless otherwise expressly provided, every Proclamation, Order in Council, regulation, certificate, license, registration, registered number or name, ’ appointment, * 3 Eliz. 2 No. 3 and amending Act.

274 P art I.— P reliminary . SHIPPING. Queensland, Marine Act. 7 E liz . II. No. 37, approval, agreement, arrangement, consent, determination, requirement, notice, prohibition, or act of authority made, granted, given, issued, done or otherwise originated under the repealed Acts and subsisting at the commencement of this Act, shall, subject as hereinafter provided and so far as it is consistent with this Act, continue without prejudice to the conditions, restrictions, and endorsements, if any, thereof for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time, or is repealed, revoked, cancelled, suspended, or surrendered under this Act: Provided that every such Proclamation, Order in Council, regulation, certificate, license, registration, appointment, approval, agreement, arrangement, consent, determination, requirement, notice, prohibition, or act of authority shall be read and construed subject to this Act; (vi.) The portmaster and all harbour masters, shipping inspectors, surveyors, pilots, and all other persons appointed under any provision of the repealed Acts and in office at the commencement of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and shall, subject to this Act, continue to hold those offices respectively in terms of their appointments without further or other appointments under this Act; All shipping masters appointed under any provision of the repealed Acts and in office at the commencement of this Act shall be deemed to have been appointed to the office of superintendent under and for the purposes of this Act and shall, subject to this Act, hold the office of superintendent in terms of their appointments as shipping masters without further or other appointments under this Act;

1958. SHIPPING. Queensland Marine Act. 275 P art I.— P reliminary . Any reference in any other Act to a shipping master appointed under any of the repealed Acts shall be taken to mean and include a reference to a superintendent appointed or deemed to have been appointed under this Act; (vii.) All moneys which having accrued due under any provision of the repealed Acts are at the date of the repeal of such provision due or payable to or recoverable by the Crown, or the Minister, or the Board, or any other body or person shall be and continue to be so due, payable and recoverable, and may be paid and received and recovered accordingly ; (viii.) All penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the repeal thereof shall be enforceable and may be enforced as if the repealed Acts had not been repealed ; (ix.) All actions and proceedings under the repealed Acts commenced or pending when those Acts are repealed may be carried on and prosecuted as if such repeal had not been made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; (x.) In any Act (including any Order in Council, regulation or other instrument thereunder) any reference to or citation of the repealed Acts or any of them shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of this Act, and any reference to the Marine Board of Queensland constituted under the repealed Acts shall be read as a reference to the Marine Board of Queensland under this Act; (xi.) The amount of every fee prescribed by any provision of the repealed Acts shall continue to be payable under and for the purposes of the corresponding provision of this Act as if the samewere prescribed by that corresponding provision until such time as the amount of that fee is prescribed by regulation.

276 P art I.— P reliminary . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, Meaning of 8. (1.) In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:— Agreement. W.A. Act, s. 8 (1). “ Agreement ”—The ship’s articles of agreement with the crew; Amidships. Q. Act (1896), s. 7 (4). “Amidships ”—The middle of the length of the load water line as measured from the foreside of the stem to the aftside of the stern post; Apprentice. Q. Act (1939), s. 17. N.Z. Act. “ Apprentice ”—A person duly indentured as an apprentice to the sea service ; Berth. “ Berth ”—Includes moorage and anchorage ; Board. Q. Act, s. 2. Q. Act (1939), s. 9. “ Board ”—The Marine Board of Queensland continued by or constituted under this Act; Boat. V. Act, s. 3. “ Boat ”—Every vessel not a ship as herein defined, which is used in navigation ; Board of Trade. Q. Act, s. 2. “ Board of Trade ”—The Board of Trade of the United Kingdom : The term includes the Ministry of Transport of the United Kingdom or other authority for the time being administering the Merchant Shipping Act; Brake horse power. “ Brake horse power ”—In relation to any motor ship, brake horse power of the propelling machinery of that ship ; Buoy ; beacon N.Z. Act. s. 2. “ Buoy ” or “ beacon ” or “ buoy and beacon ”— Includes all marks and signs within or near the approaches of any port and whether on land or on or in the water in aid of navigation ; and also includes any radio aid to marine navigation, not being part of the radio apparatus on board any ship; Cargo. Q. Act (1939), s. 9. N.Z. Act, s. 2 (1). “ Cargo ”—Includes livestock, but does not include mails; Casualty. W.A. Act, s. 4. “ Casualty ”—Includes the loss, abandonment, collision, or grounding of, and any mishap, accident, injury, or damage, whether by fire or otherwise howsoever, to any ship ;

1958. SHIPPING. Queensland Marine Act. 277 P art I.— P reliminary . “ Chairman ”—The Chairman of the Board chairman, including any person who for the time being occupies the office or performs the duties of the said chairman ; “ Coaster ”—A sea-going ship employed in trading Coaster, or going between ports in the jurisdiction; p'DA^’ ao ^' s. 2. ’ “ Commonwealth Navigation Act ”—The Common- Commonwealth Act, the *Navigation Act g^on Act!'' 1912-1953, and includes any Commonwealth Act amending the same or in substitution therefor; “ Dangerous goods ”—Goods which, by reason Dangerous of their nature, quantity, or mode of storage, N.z.SAet, are liable either singly or collectively, tos- 2 (>)• endanger the lives of persons on or near any ship, or to imperil any ship ; and includes all explosives and any other goods which are declared by the regulations to be dangerous goods for the purposes of this Act; C4 Desertion ”— Desertion. (i.) The absence of a seaman or apprentice s. 6. ° ’ from his ship with the intention of not w-4-Act- returning to the ship ; or n . z . Act, (ii.) The absence of a seaman or apprentices'2 (1)' from his ship for a continuous period exceeding forty-eight hours without leave, lawful cause, or reasonable excuse ; “ Discharge ”—The certificate of the discharge of Discharge, a seaman from a ship in which he served ; w ! a Act! 8.8(1). ’ “ Effects ”—Includes all personal property and Effects. d ■f ocumen . ts; r r 1 J C’th Act, s. 6. w . a . Act, s. 8 (1). “ Equipment ”—Includes boats, tackle, pumps, Equipment, apparel, furniture, life saving appliances of y 6' every description, spars, masts, rigging and s. 5. ’ sails, fog signals, lights, and signals of distress, medicines and medical and surgical stores and appliances, and every thing or article belonging to or to be used in connection * No. 4 of 1913 and amending Acte of the Commonwealth.

278 P art I.— P reliminary . Explosive. Fishing vessel. Foreign- going ship. Q. Act, s. 2. C’th Act, s. 6. S.A. Act, s. 5. Foreshore. Q.H. Act, a. 8(1). Freeboard. N.Z. Act, s. 2 (1). Go to sea, &c. C’th Act, s. 6. W.A. Act, s.2(l). S.A. Act, s. 5. Government magazine. SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, with or necessary for the navigation and safety of the vessel, including apparatus for preventing or extinguishing fires, buckets, compasses, charts, axes, lanterns, and loading and discharging gear and apparatus of all kinds, and such other things as may be prescribed ; “ Explosive ”—Any explosive within the meaning of *“ The Explosives Act of 1952 ” ; “ Fishing vessel ”—Any vessel for the time being licensed as provided by or in respect to which a license is held under f“ The Fisheries Act of 1957 ” and not employed for trade otherwise than for the purpose for which that license is held; “ Foreign-going ship ”—Includes every ship which, not being a coaster or harbour and river ship, is employed in trading or going between any port in the jurisdiction and any place beyond the jurisdiction; “ Foreshore ”—Such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides; “ Freeboard ”—In the case of any ship which is marked with a deck line, the height from the water to the upper edge of the deck line, and, in the case of any other ship, the height amidships from the water to the upper edge of the deck from which the depth of hold as stated in the register is measured ; “ Go to sea ” or “ proceed to sea ”—Includes plying seaward beyond the limits of any port in the jurisdiction, and the getting under way or attempting to get under way for the purpose of going to sea : “ sea-going ” and “ take to sea,” and “ send to sea ” have corresponding meanings ; “ Government magazine ” — A Government magazine within the meaning of *“ The Explosives Act of 1952 ” ; * 1 Eliz. 2 No. 34. f 6 Eliz. 2 No. 11.

1958. SHIPPING. Queensland Marine Act. 279 P art I.— P reliminary . “ Harbour ”—Includes any harbour properly so Harbour, called, whether natural or artificial, and any haven, roadstead, estuary, navigable river, creek, channel or lake, dock, wharf, or other work in or at which ships do or can obtain shelter, or ship or unship goods or passengers, and any harbour the limits of which are for the time being defined under, *“ The Harbours Acts, 1955 to 1956,” or by those Acts deemed to have been defined, under and for the purposes of those Acts and any non-tidal navigable water of the jurisdiction (including any inland navigable water) : The term also includes the tidal waters and foreshores of any harbour; “ Harbour fight ”—Any fight erected in aid of Harbour navigation within or near the approaches q ^ ' Act of any port, including all fog signal apparatus, s. 8 (i). ’ lightships, or other fixed or floating fights erected, moored, anchored, or placed for that purpose; “ Harbour and river ship ”— A ship in respect of Harbour and which there is for the time being in force <x6“ River a harbour and river certificate of survey and Bay issued or deemed to be issued under Part X. ac T,’ s . e.th or a ship which plies only within or on any S A- Act> port or on any lake or river within the 8‘ ’ jurisdiction; “ Harbour master ”—Any person for the time Harbour being appointed or deemed to be appointed “ai^s 2 under and for the purposes of this Act ’ harbour master at a port : The term includes any person for the time being appointed to act in such a capacity or to perform any of the duties of a harbour master; “ Her Majesty’s ship ” or “ ship belonging to Her Her Majesty ”—A ship of or in the service Majesty's of the Queensland Government; n . z . Act, 8.2(1). Incompetent ”—Unable, from any cause incom- whatever, to perform efficiently the duty of^?*®1^ the person in relation to whom the term s. e. ’ is used ; iT’^YijCt’ * 4 Eliz. 2 No. 40 and amending Act.

280 P art I.— P reliminary . Lighter. Q. Act (1939), s. 9. Machinery. Cf. “boilers and machinery,” C’th Act, s. 6. W.A. Act, s. 8 (1). Magazine. Master. Q. Act, s. 2. V. Act, s. 3. Merchant Shipping Act. S.A. Act, s5 W.A. Act, s. 8. Minister. Cf. “ Treas­ urer,” Q. Act, s. 2. Misconduct. C’th Act, s. 5. W.A. Act, s. 8 (1). Motor boat. Motor vessel. Q. Act (1930), s. 4. Motor ship. N.Z. Act, s. 2 (1). Navigation Act. S.A. Act, s. 5. W.A. Act, s. 8 (1). SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, “ Lighter ”—Includes any barge, hulk, or other vessel of a like nature possessing no independent motive power or means of propelling itself; “ Machinery ”—Includes boilers, engines, and every thing connected therewith employed in propelling any ship having mechanical means of propulsion, and every description of machinery used on a vessel for the purposes of the vessel or her cargo and all other apparatus or things attached to or connected therewith or used with reference to any engine or under the care of an engineer; “ Magazine ”—Any magazine within the meaning of *“ The Explosives Act of 1952 ” ; “ Master ”—In relation to any ship, any person (except a pilot) having command or charge for the time being of that ship ; “ Merchant Shipping Act ”—The Imperial Act, the “ Merchant Shipping Act, 1894,” and includes any Imperial Act amending the same or in substitution therefor ; “ Minister ”—The Treasurer or other Minister of the Crown for the time being charged with the administration of this Act; “ Misconduct ”—Includes reckless or careless navigation, drunkenness, tyranny, any failure of duty or want of skill, or any improper conduct; “ Motor boat ”—“ Motor vessel ”—A vessel defined by the regulations to be a motor boat or, as the case may be, a motor vessel under and for the purposes of Part X; “ Motor ship ”—A ship propelled by electricity, motor, or any other mechanical power other than steam ; “ Navigation Act ”—The Commonwealth Act, the t Navigation Act 1912-1953, and any Act amending the same or in substitution therefor; * 1 Eliz. 2 No. 34. f No. 4 of 1913 and amending Acts of the Commonwealth.

1958. SHIPPING. Queensland Marine Act. 281 P art I.— P reliminary . “ Nominal horse power ”—In relation to any Nominal steamship, nominal horse power (and, if ^°refhP°^er- prescribed, calculated as so prescribed) of power,”1 se the engines propelling that ship ; Q- Act>s- 2- “ Officer ”—In relation to any ship, the master, officer, a mate, or an engineer of the ship, whether ^gA(1fcfc’ certificated or not ; n . z . Act, s. 2 (1). “ Officer in charge of Government magazines ”— Officer in The Officer in Charge of Government Gchoavregrenmofent magazines pursuant to subsection two of magazines. section ten of *“ The Explosives Act of 1952 ” ; “ Official ”—The Portmaster, or the secretary, or Official. any harbour master, superintendent, shipping sC. ’t6h. Act, inspector, surveyor, pilot, or other official whomsoever appointed or employed under and for the purposes of the execution of this Act; “ Owner ”—In relation to any ship, includes the Owner. eovwenreyr poerrpsoanrt foowr ntehreotfimthee sbheiipnganrdespanonysaibnlde CsQ.’ . t6hA. cAt, cst., 2. fsohripth; eannda,viignataiolln caanseds mwahneraegetmheenotwonferthies NWs..Z. 8A.( . 1A) A. cct, t, a body corporate, includes both the manager s. 16. and the secretary of the body corporate ; “ Part ”—Part of this Act: Where necessary Part. the term includes all Proclamations, Orders in Council, regulations, and rules, if any, made or deemed to be made for the purposes of the Part in question; “ Passenger ”—Any person carried on board a Passenger. ship with the knowledge or consent of the QQ. . AAcctt, s. 2. owner, charterer, agent, or master of the (1930), s. 4. ship, and being a person other than— C’th Act, s. 6. (i.) Acappaecristoynonembopalordyetdheosrhipenognagtehde biunsinaensys NWs..Z8. A( . 1. A) A. cct, t, of the ship; s.2(l). (ii.) The owner of the ship or any person who is a servant, or a member of the family, of the owner of the ship ; (iii.) A person on board the ship either in pursuance of an obligation laid upon the master to carry shipwrecked, distressed, or other persons or by reason of any * 1 Eliz. 2 No. 34.

282 P abt I.— P keliminaky . Passenger coaster. Cf. “ Coast­ ing passenger vessel,” Q. Act, s. 2. Pilot. Q. Act, s. 2. C’th Act, s. 6. Pleasure yacht. N.Z. Act, s. 2 (1). Plying. Port. Q. Act, s. 2. Q. Act (1939), s. 9. C’th Act, s. 6. Portmaster. Q. Act, s. 2. Register tonnage. Cf. “ ton,” Q. Act, s. 2. N.Z. Act, s. 2 (I). Cf. “ ton­ nage,” S.A. Act, s. 5. SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37,, circumstances that could not have been prevented or forestalled by the owner, charterer, agent, or master of the ship ; (iv.) A pilot who is proceeding from his home station for the purpose of meeting a ship requiring his services or is returning to his home station after piloting a ship ; or (v.) A child under the age of one year ; “ Passenger coaster ”—Any coaster carrying on board a greater number of passengers than in the proportion of two persons to every fifty tons of the register tonnage of the ship or, in any case, carrying four or more passengers ; “ Pilot ”—In relation to any ship, any person appointed or licensed as such under this Act, and not belonging to the ship, who for the time being has the conduct thereof; “ Pleasure yacht ”—A vessel, however propelled, that is used exclusively for pleasure and does not carry passengers or cargo for hire or reward; but does not include a ship that is provided for the transport or entertainment of lodgers at any institution, hotel, private hotel, boarding house, lodging house, guest house, or other establishment; “ Plying ”—Used in relation to any ship, includes running, proceeding, or navigating ; “ Port ”—Includes place and harbour ; “ Portmaster ”—The portmaster for the time being of Queensland, or the person who for the time being occupies the office or performs the duties of the said portmaster ; “ Register tonnage ” or “ register tons ”—In relation to any ship, means the net tonnage specified in the certificate of registry of the ship unless otherwise prescribed;

1958. SHIPPING. Queensland Marine Act. 283 P art I.— P reliminary . “Regulations”—Regulations made under, or Regulations, continued in force by, this Act; “Restricted limit ship”—A ship in respect of^;ttrl^d which there is in force a limited coasting 1^n^d certificate of survey issued or deemed to be coasting issued under Part VI., or a ship the master for the time being of which holds a certificate Q. Act, s. 2 . of competency as master of a ship and the authority given by that certificate is limited under subsection five of section twenty-four of this Act; “Restricted limits”—Has the meaning assigned Restated to that term by subsection five of section ACt twenty-four or by subsection one of section s. 2 (i). ’ one hundred and seventeen of this Act, according as reference is made to a certificate of competency as master of a ship or to a short coasting certificate of survey ; Seaman ”—Every person employed or engaged Seaman. in any capacity on board any . ship (except a '( Q < 1 1 9. 9 3 3 A9 9 c) ^ , t s. 17 , master, pilot, or apprentice, or, while the c’th Act, ship is in port, a person temporarily employed w6a . Act on the ship) ; s. 8 (i). “ Seaplane ”—Includes a flying boat and any Seaplane, wothaeterr; aircraft desi O gned to manoeuvre on the s. 2 (1 A ). ct’ “ Secretary ”—The secretary to the Board, Secretary, including any person who for the time being occupies the office or performs the duties of the said secretary ; “ Ship ”—Every vessel used in navigation not ship, ordinarily propelled by oars only ; ^ Act’ S.A’. Act, 8. 5. “ Shipping inspector ”—Any person for the time shipping being appointed or deemed to be appointed lnsPeotor- as a shipping inspector under and for the purposes of this Act: The term includes any person for the time being appointed to act in that capacity or to perform any of the duties of a shipping inspector ; “ Steamship ”—Any ship propelled by steam ; Steamship. S.A. Act, s. 5.

284 P art I.— P reliminary . Superinten­ dent. Surveyor. Q. Act (1939), s. 9. N.Z. Act, s. 2 (1). The juris­ diction. Q. Act, s. 10. Q. Act (1930), s. 4. W.A. Act, s. 8 (1). This Act. Q. Act, s. 2. Tidal land. Q.H. Act, s. 8(1). C’th Act, s. 6. Tidal water. Q.H. Act, s. 8 (1). C’th Act, s. 6. Trade. Use. Vessel. Q. Act, s. 2. C’th Act, s. 6. P.D.R. Act, s. 1. SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, “ Superintendent ”—Any person for the time being appointed or deemed to be appointed as a superintendent under and for the purposes of this Act: The term includes any person for the time being appointed to act in that capacity or to perform any of the duties of a superintendent; “ Surveyor ”—Any person for the time being appointed or deemed to be appointed, or recognised, to be a shipwright surveyor or engineer surveyor, or both, under and for the purposes of this Act: The term includes any person for the time being appointed to act in any such capacity or to perform any of the duties of any such person ; “ The jurisdiction ”—Queensland, including the territorial waters of Queensland and the inland navigable waters of the State ; “ This Act ”—This Act and all Proclamations, Orders in Council, regulations, rules, and notifications made under or continued in force by this Act; “ Tidal land ”—Such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides ; “ Tidal water ”—Any part of the sea or of any harbour within the ebb and flow of the tide at ordinary spring tides ; “ Trade ”—Used in relation to any vessel, includes plying for hire or reward or plying for the conveyance of passengers or of cargo or of both passengers and cargo ; “ Use ”—In relation to any ship, includes guide or control; “ Vessel ”—Includes any ship, boat, and any other description of vessel used or designed for use for any purpose on the sea or in navigation : Without limiting the generality

1958. SHIPPING. Queensland Marine Act. 285 P am I.— P reliminary . of the aforegoing, the term includes any dinghy, lighter, barge, punt, hulk, raft, houseboat, pontoon, seaplane, or like vessel; “ Wages ”—Includes emoluments of any kind : Wages. C’th Act, s. 6. “ Wharf ”—Includes quay, pier, jetty, landing Wharf, place or stage or platform, or premises Q- Act>*• 2 whether of a like description or not, at, in, on, or from which passengers or cargo or both may be taken on board of or discharged or landed from any vessel. Any reference in this Act to a failure to do any C’th Act, act or thing includes a reference to a refusal or neglects' 6' to do that act or thing. ( 2 .) (a) Unless otherwise indicated or provided, the Application provisions of this Act relating to steamships shall apply, provisions with such modifications (if any) as may be prescribed relating to by the regulations, to motor ships. ^™shlps' ( 6 ) Without limiting the general power to make 4- regulations conferred by section two hundred and sixty- s. 743. ’ four of this Act, regulations may be made under that ® Act> section prescribing modifications of the provisions of this ‘ ’ Act relating to steamships for the purpose of adapting them to all or any matters relating to motor ships. P art II.—A dministration . P art II.— A dminis ­ tration . Division I.—The Marine Board of Queensland. Division I .—- The Marine 9. (!•) (a) For the purposes of this Act there is QBueoeanrsdlaonfd. hereby constituted a Board which shall be called “ The The Marine Marine Board of Queensland” (in this Act referred toBoardof as the “ Board ”). Queensland. • Q. Act, The Board shall be deemed to be constituted 8S-5-11 forthwith upon the commencement of this Act. (b) Subject to the Minister, the Board shall be charged— (i.) With the administration of this Act; and (ii.) Except as may otherwise be provided by this or any other Act or in the exercise of any power or authority conferred by any such Act or otherwise, with the general superintendence of all matters within the powers of this State relating to shipping and seamen.

286 SHIPPING. P art II.— A dminis ­ tration . Queensland Marine Act. 7 E liz . II. No. 37, Division I .— The Marine Board of (c) Nothing in the last preceding paragraph of this Queensland. subsection shall derogate from or affect any provision of any other Act, or extinguish or abridge any power or authority conferred by any such Act or exercisable by virtue of the prerogative of the Crown in right of this State. ( 2 .) (a) The Board shall be a body corporate under the name prescribed as aforesaid, and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name and of acquiring, holding, leasing, and disposing of property, real and personal, movable and immovable, and of doing and suffering all such other acts, matters, and things, as bodies corporate may by law do and suffer. (b) All courts, judges, and persons acting judicially shall take judicial notice of all appointments of members of the Board and of their respective signatures as well as of the appointment of the secretary and of his signature, and of the seal of the Board affixed to any document or other writing whatsoever, and, until the contrary is proved, shall presume that every such signature or such seal, as the case may be, was duly affixed to any document or other writing whatsoever. Membership. (3.) The Board shall consist of a chairman and four other members. The portmaster for the time being of Queensland, or the person who for the time being occupies the office or performs the duties of the said portmaster shall ex officio be a member of the Board and chairman thereof. The four other members of the Board shall be appointed from time to time by the Governor in Council by notification published in the Gazette. The members of the Board other than the chairman shall, subject to subsection four of this section, each hold his office as member at the pleasure of the Governor in Council. Term of office. (4.) The office of a member of the Board, other than the ex officio member thereof, shall— (i.) Commence on the date of his appointment thereto ; and

SHIPPING. 287 1958. Queensland Marine Act. P am II.— A dminis ­ tration . (ii.) Become vacant if such member— (a) Dies or becomes mentally sick ; or Division I .— The Marine Board of Queensland. (b) Becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy ; or (c) Is absent without leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to him; or (d) Resigns his office by writing under his hand delivered to the Minister (such resignation shall be complete and shall take effect from the time when it is received by the Minister); or (e) Is convicted of an indictable offence or of an offence against this Act; or (/) Is removed from office by the Governor in Council by notification published in the Gazette : Provided that the attendance of any such member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the names of all members who so attend. (5.) {a) The Governor in Council may from time Deputy to time appoint, by notification published in the Gazette, cha,nnan- any member (other than the ex officio member) of the Board to be the deputy chairman thereof and that member shall, subject to this paragraph (a), hold the office of deputy chairman of the Board from the date of his appointment thereto and until he ceases to be a member of the Board unless he is sooner removed from his aforesaid office as deputy chairman by the Governor in Council by notification published in the Gazette : Provided that the deputy chairman may resign his office as such by writing under his hand delivered to the Minister and such resignation as deputy chairman shall be complete and shall take effect from the time when it is received by the Minister.

288 SHIPPING. P art II.— A dminis ­ tration . Queensland Marine Act. 7 E liz . II. No. 37, Division I .—- The Marine Board of (b) The deputy chairman shall act in the office of Queensland. chairman of the Board whenever the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman and whilst so acting shall have and may exercise all of the immunities, powers, authorities and functions, and shall perform all the duties, of the chairman. Every reference in this Act to the chairman of the Board shall, unless the contrary intention appears, accordingly be deemed to include a reference to the deputy chairman whilst he acts as chairman. Appoint­ ment of deputies. ( 6 .) If the deputy chairman or any other member other than the ex officio member of the Board is at any time prevented by absence, illness, or otherwise from performing the duties of his office, the Governor in Council may, by notification published in the Gazette, appoint another person to act in that office during such time as the deputy chairman or other member is so prevented from performing such duties, and the person so appointed, whilst so acting, shall have and may exercise all of the immunities, powers, authorities and functions, and shall perform all the duties, of the deputy chairman or member in whose place he acts. In the case of the deputy chairman appointments under this subsection may be of another member to act as deputy chairman and of another person to act as member. Validity of (7.) No person shall be concerned to inquire whether pacetrss,ons or not any occasion has arisen requiring or authorising acting as the deputy chairman to act in the place of the chairman deputies. or a person to act in the place of a member or as to the necessity or propriety of any appointment of a deputy ; and all acts or things done or omitted by the deputy chairman or a person when so acting as aforesaid shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the chairman or the member in whose place such deputy chairman or person as the case may be is acting. Allowances, ( 8 .) Each member shall receive such remuneration, &c. fees, and allowances, if any, as the Governor in Council may from time to time determine. Any such determination may from time to time be revoked or amended.

SHIPPING. 289 1958. Queensland Marine Act. P art II.— A dminis ­ tration . Division I .— Any such determination with respect to any member Board of may differ according to class of payment or rates or both Queemland- class and rate from any determination with respect to any other member. (9.) Where by or under any Act provision is made where requiring the holder of an office specified therein to Government, devote the whole of his time to the duties of his office, Departments or prohibiting him from engaging in employment outside aPP°mted- the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of a member or acting member under this Act, or from accepting and retaining any remuneration, fees or allowances payable to a member under the last preceding subsection. 10. ( 1 .) The Board shall meet at such times and Proceedings places and conduct its business in such manner as may Mee^ings.^' be prescribed or, in so far as not prescribed, as it may from time to time determine. (2.) Not less than three members of the Board Quorum- of whom the chairman or deputy chairman shall be one, shall form a quorum at any meeting of the Board, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and shall have and may exercise and perform all the powers, authorities, duties and functions of the Board. (3.) The chairman shall preside at all meetings of chairman, the Board at which he is present. If the chairman is absent from any duly convened meeting the deputy chairman shall preside at the meeting. The person presiding at any meeting of the Board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. (4.) No act or proceeding of the Board shall be Defects in invalid or illegal in consequence only of the number of the members of the Board not being complete at the invalidate time of such act or proceeding. ofBoard !88 All acts and proceedings of the Board shall, notwithstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member

290 SHIPPING. P art II.— ' mutton " Queensland Marine Act. 7 E liz . II. No. 37, Division I .— * ' ' ' ' Board of had been duly appointed and was qualified and entitled Queensland. ac^ an(j acte(j as a member of the Board, and as if the Board had been properly and fully constituted. Board to be ll. (i.) The Board shall be responsible to and toThe181*310 subject to the general supervision of the Minister for Minister. and in the exercise and performance of its powers, q . Act, s. 8. authorities, duties and functions under this Act. Reports, &c. (2.) The Board shall furnish to the Minister whenever and such as the Minister may require, reports, estimates, accounts, vouchers and documents relating to any matters under the control or management of the Board, or to the administration of this Act. General 12. (1.) The Board shall have and may exercise dutie^of'the su°h administrative and other functions as are necessary Board. for the due performance and exercise of the powers, authorities, duties and functions with whioh it is charged by or under this Act or any other Act or otherwise. (2.) For the purposes of this Part, any act or duty which any official, or any other person acting under the direction or superintendence of the Board or any official, is, by or under this Act or any other Act or otherwise, authorised or required to do or perform, shall be deemed to be a duty with which the Board is charged. (3.) Without derogating from or affecting the provisions of subsections one and two of this section, the Board shall have such powers, authorities, duties and functions as are conferred or imposed upon it by or under this Act or any other Act. (4.) The Board may from time to time employ such employees as may be necessary for carrying out its functions and may at any time terminate the services of any such employees. Presumption 13. (1.) All documents whatever, purporting to be regularity. issue(i or written by or under the direction of the Board, q . Act. s. 2i. and purporting to be signed by the secretary or any person acting with the authority of the Board, shall be received in evidence and shall be deemed to be issued or

SHIPPING. 291 1958. Queensland Marine Act. P art II.— A dminis ­ tration . Division I .— written by or under the direction of the Board pursuant ThBeoaMrdqroinfe to this Act, without further proof, unless the contrary Queensland. is shown. (2.) All documents purporting to be certificates granted or issued by the Board in pursuance of this Act, and to be sealed with the seal of the Board or to be signed by the chairman or by the secretary or any person acting with the authority of the Board, shall be received in evidence and shall be deemed to be such certificates without further proof, unless the contrary is shown. (3.) Every document purporting to be an official copy of any deed, instrument, or other writing whatsoever sealed with the Board’s seal, whether the deed, instrument, or other writing is required to be sealed or not, shall, if signed by the chairman or by the secretary or any person acting with the authority of the Board, be received in evidence and, until the contrary is proved, be deemed to be a true copy of the original of which it purports to be a copy. (4.) Every summons, process, demand, order, notice, statement, direction, or other document requiring authentication by the Board may, unless otherwise provided, be sufficiently authenticated without the seal of the Board if signed by the chairman or by the secretary. Division II. — Officials. mvomau:~ 14. (1.) The Governor in Council may from time Appoint- to time appoint under and for the purposes of this Act a portmaster and such and so many harbour masters, q . Act, s. 12 . superintendents, shipping inspectors, surveyors, pilots, Q- and other officials as may be deemed necessary for the ' ' ’ s‘ ' effectual execution of this Act and shall pay to such portmaster and other officials such salaries as he thinks fit. Any such appointment may be made on the passing of this Act. Any official appointed under this section shall be deemed to be an official of the Board. (2.) A person may be appointed under and for the purposes of this Act to hold one or more offices.

292 SHIPPING. P art II.— A dminis ­ tration . Queensland, Marine Act. 7 E liz . II. No. 37, Division II .— Officials. (3.) An officer of the Public Service may, in addition to the position which he holds at or after the commencement of this Act, be appointed also to perform such duties under this Act as the Governor in Council may direct or as may be prescribed, and in respect of the performance of such duties shall be deemed to be an official of the Board : Provided always that any official appointed under this Act may hold his office under this Act in conjunction with any other office which he may hold at or after the commencement of this Act. (4.) Any of the appointments (other than that of the portmaster) under this section may be made at any port specified by the appointment, but unless the Governor in Council otherwise directs by the appointment, any such official may exercise and discharge his powers, authorities, duties and functions under this Act in any part of the State notwithstanding that he has been appointed at a specified port. (5.) Any and every appointment under this section may be notified in the Gazette. (6.) Any port assigned to any official at the commencement of this Act shall, subject to this Act, continue without further or other authority, to be assigned to that official. (7.) Nothing in this Act shall prejudice or in any way affect the application of the provisions of “ The Public Service Acts, 1922 to 1955,” to any appointment of, or person appointed or deemed to be appointed, an official under and for the purposes of this Act. (8.) Any person engaged to act for, on behalf of or by the Board, as well as any official, shall during the engagement be regarded as holding a public office. The Portmaster. Portmaster. 15. (1.) The portmaster shall have and may exercise Q. Act, s. 152. and perform in any part of the State all the powers, authorities, duties and functions by this Act conferred upon or vested in any harbour master or other official whomsoever.

SHIPPING. 293 ‘--------------- - 1958. *—"——------------~ . Queensland Marine Act P art II.— S’ ' “ “ ' ‘ Division II .— (2.) There may from time to time be appointed 0ffiCMh- under section fourteen of this Act a suitable person to be the deputy of the portmaster. (3.) On the occurrence from any cause of a vacancy in the office of the portmaster (whether by reason of death, resignation, or otherwise), and in case of the illness, absence, or temporary incapacity of the portmaster (from whatever cause arising), and so long as the vacancy, illness, absence, or temporary incapacity continues, the deputy shall have, exercise and perform all the powers, authorities, duties and functions of the portmaster. (4.) The fact that the deputy of the portmaster exercises any power, authority, duty or function as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising him to do so. (5.) (a) Every official shall exercise and perform the powers, authorities, duties and functions imposed upon him by or under this Act under the general supervision and direction of the portmaster : Provided that subject to the portmaster the harbour master at any port shall exercise a general supervision of other officials appointed at that port. (b) Any breach by an official of the administrative arrangements provided by this subsection shall be a matter for disciplinary action by the person having, under this or any other Act, power to take such action, and shall not affect or prejudice the validity of anything done or omitted to be done by the official concerned. Secretary. 16. (1.) For the purposes of this Act there may Secretary, from time to time be appointed under section fourteen of this Act a person to be secretary to the Board. (2.) The secretary shall have, exercise and perform such powers, authorities, duties and functions as may be prescribed, or, in so far as not prescribed, as the Board may authorise or direct.

294 SHIPPING. P art II.— A dminis ­ tration . Queensland Marine Act. 7 E liz . II. No. 37, Division II .— officials. (3.) The secretary shall have the custody of the official seal of the Board and, subject to the Board, shall have power to execute documents and other writings whatsoever on behalf of the Board and affix the seal of the Board thereto or to any of them. Surveyors. m ’ h ^ is s . a . Act,’ NZ7°Act s ’ 13 ‘ Surveyors. 17. (1.) There may from time to time be appointed un(ier the provisions of section fourteen of this Act suitable persons to be shipwright surveyors or engineer surveyors, or both, for the purposes of this Act. (2.) The Board may from time to time with the consent of the Minister appoint or recognise any qualified persons to be shipwright surveyors or engineer surveyors, or both, for the purposes of this Act, either generally or for a specified purpose or for a specified occasion. Any appointment or recognition of a qualified surveyor under this subsection shall be subject to such terms and conditions of service and such rates of remuneration and other expenses as the Board, with the consent of the Minister, may determine. Powers, (3.) Every surveyor shall have, exercise and perform surveyors, the powers, authorities, duties and functions prescribed q . Act, s. 16 . by this Act and such other powers, authorities, duties o-A-. and functions as may be necessary to carry into effect s . a . Act, the provisions of this Act. ss. 71 72. ’ ’ Without limiting the generality of the foregoing provisions of this subsection every surveyor may, in the execution of his duties, at all necessary or reasonable times go on board any vessel, to which the provisions of this Act apply, and may, without unnecessarily detaining or delaying her from proceeding on any voyage or excursion, survey or inspect the vessel, her equipment and machinery, or any part thereof, her cargo and any other property or articles on board the vessel, and require the production of and inspect any certificates, logs, or other documents whatsoever which relate to the vessel or to the master or any other officer thereof and to which this Act applies. q . Act, a. 69. (4.) If in consequence of any accident to any vessel or for any other reason a surveyor considers it necessary for the purpose of surveying a vessel or inspecting her hull that the vessel be taken into dock or placed on a

SHIPPING. 295 1958. Queensland Marine Act. P art II.— A dminis ­ tration . Division II .— Officials. slip, he shall forthwith furnish a report in writing to the Board and if the Board considers it necessary so to do it may order the master or owner of the vessel to take her into dock or place her on a slip for any of the aforesaid purposes within the time and at the place specified in the order. Any such order may be made by telegram signed by the secretary to the Board and addressed to the master or owner of the vessel in question. The master or owner of the vessel, according to whom the order is directed, shall not fail in any respect to comply with that order. Penalty : Two hundred pounds. (5.) Every person commits an offence against this Hindering, Act who hinders or obstructs otherwise howsoever s&u " cr. v, eyors. any surveyor in the exercise of his powers, authorities or functions or in the discharge of his duties under this Act, or attempts so to do, or fails to comply with the lawful requisition or any part of the lawful requisition of any surveyor. Penalty : Two hundred pounds. The provisions of subsection four of this section and of this subsection shall not derogate from or otherwise affect the provisions of section twenty-one of this Act. (6.) Without limiting the power to make regulations Regulations conferred by section two hundred and sixty-four of this ™0lth re8Peot Act, regulations may be made under that section— surveyors. x-fc . . N.Z. Act, ( i .) Prescribing the qualifications, and further s. 13 . powers, authorities, duties and functions of all or any surveyors either generally or to meet particular cases; (ii.) Fixing the terms and conditions of service and the rates of remuneration and other expenses to be received by such surveyors as may be prescribed; (iii.) Fixing the fees and other expenses to be paid in respect of all or any surveys and determining the persons by whom and the conditions under which such payments shall be made ;

296 SHIPPING. P art II.— A dminis ­ tration . Queensland Marine Act. 7 E liz . II. No. 37, Division II .— Officials. (iv.) Prescribing penalties not exceeding one hundred pounds in respect of the breach of any of the provisions of those regulations. Regulations as aforesaid may differ in respect of different classes of surveyors as well as in respect of different members of the same class. Penalty on (7.) Every surveyor who demands or receives directly rsuecrevievyionrgs or indirectly from any person whomsoever any fee or fees remuneration whatsoever for or in respect of the survey uQn. lAawctf,usl.ly6. 0. by him of any ship otherwise than under the authority S.A. Act, of this Act shall be guilty of an offence against this Act. s. 72. Penalty : Fifty pounds. Shipping Inspectors. Shipping 18. (1.) For the purposes of this Act persons may iQn.spAecctt,ors. from time to time be appointed under the provisions of ss. 12, 15, 16. section fourteen of this Act to be shipping inspectors. S.A. Act, ss. 29, 30, 66. N.Z. Act, s. 14. Powers, &c., (2.) (a) Every shipping inspector shall have and ionfsspheicptporinsg. may exercise the powers, authorities, duties and functions prescribed by this Act and such other powers, authorities, duties and functions as may be necessary to carry into effect the provisions of this Act. (b) Without limiting the generality of the provisions of paragraph (a) of this subsection, the Board may at all times require any shipping inspector to report to it— (i.) Upon the nature and causes of any accident or damage which any vessel has sustained or caused, or is alleged to have sustained or caused ; (ii.) Whether the provisions of this Act, including the regulations, or any of them have been complied with ; (iii.) Whether the hull, or any part of the vessel, or the machinery or equipment of any vessel or all or any of them are sufficient and in good condition ; (iv.) Upon such other matters as the Board may deem necessary to ensure the carrying out of the provisions of this Act.

SHIPPING. 297 1958. Queensland Marine Act. P art II.— A dminis ­ tration . Division II .—: (c) Without limiting the generality of the provisions Officials. of paragraph (a) of this subsection, any shipping inspector may, in the execution of his duties— (i.) Call to his aid any person he may think competent to assist him in making any inspection or examination ; (ii.) At all necessary or reasonable times with such assistants as he deems necessary go on board any vessel, to which the provisions of this Act apply, and may, without unnecessarily detaining or delaying her from proceeding on any voyage or excursion, inspect the vessel, her equipment and machinery, or any part thereof, her cargo, and any other property or articles on board the vessel; (iii.) At all reasonable times enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of making any report under or for the purposes of this Act; (iv.) For the purpose of making any report under or for the purposes of this Act, by summons under his hand require the attendance of all such persons as he thinks fit to call before him and examine, and may require answers or returns to any inquiries as he thinks fit to make; (v.) Require and enforce the production of all certificates, books, instruments, papers, documents, or things whatsoever which he considers important for the purpose of making any report under or for the purposes of this Act and for that purpose may inspect and detain the same ; (vi.) May require any person appearing before him, whether or not that person has been required by him so to appear, to be examined on oath or affirmation, and may administer the oath or affirmation, or, instead of so doing, may require any such person to make and subscribe a declaration of the truth of the statements made by that person in his examination ; and

298 P art II.— A dminis ­ tration . Division II .— Officials. SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, (vii.) Make such examination and inquiry and interrogate such persons as may be necessary to ascertain whether the provisions of this Act have been or are being complied with. Expenses of witnesses. Q. Act, s. 17. (3.) Unless otherwise provided by the regulations— (i.) Every person who is required by summons under the hand of a shipping inspector to appear before that official and so attends pursuant to the summons shall, upon application, be allowed such expenses as would be allowed to a witness attending as a Crown witness on subpoena to give evidence in a criminal proceeding before the Supreme Court; and (ii.) In case of any dispute as to the amount of those expenses, the dispute shall be referred by the shipping inspector to the taxing officer of the Supreme Court who shall, upon request made to him for the purpose under the hand of the shipping inspector, ascertain and certify the proper amount of those expenses ; and the shipping inspector who required the appearance of, or examined, such person shall furnish to the taxing officer such information as he requires for the purpose of the reference ; and (iii.) The Board shall pay any expenses allowed. Perjury, &c. (4.) Sections one hundred and twenty, one hundred and twenty-three, one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty- eight, one hundred and twenty-nine, and one hundred and thirty respectively of *“ The Criminal Code ” shall apply to and with respect to any examination on oath or affirmation made by a shipping inspector and for the purpose of the application of those sections any reference therein to a “ judicial proceeding ” shall be deemed to be a reference to an examination on oath or affirmation by a shipping inspector, any reference therein to “tribunal ” shall be deemed to be a reference to “ inquiry by a shipping inspector,” and any reference therein to the holder of a judicial office, howsoever worded, shall be * 63 V. No. 9, Sch. I.

SHIPPING. 299 1958. . Queensland Marine Act P art II.— A dminis ­ tration . ~ ' ' Division II .— deemed to be a reference to a shipping inspector and otfKl<Us- those sections shall be read subject to all such other adaptations thereof as are necessary. (5.) Every person commits an offence against this offences by Act who— Q. Act, s. 18. (a) When required under this section to do so by an inspector— (i.) Fails, after having had a tender made to him of the expenses (if any) to which he is entitled, to attend at the time and place specified, or fails to remain in attendance until excused ; or (ii.) Fails to make oath or affirmation, or fails to subscribe a declaration of the truth of statements made by him in examination ; or (iii.) Fails to make any answer, or to produce any certificate, book, instrument, paper, document, or thing whatsoever within his power or under his control; or (b) Fails otherwise to comply with the lawful requisition of a shipping inspector. Penalty : Fifty pounds. (6.) (a) Every person commits an offence against Hindering, this Act who hinders or obstructs otherwise howsoever inspectors!118 any shipping inspector in the exercise of his powers, q . Act, s. is. authorities or functions or in the discharge of his duties v. Act, s. si. under this Act, or attempts so to do. Penalty : Two hundred pounds. (b) Where any person hinders or obstructs otherwise howsoever any shipping inspector in the exercise of his powers, authorities or functions or in the discharge of his duties under this Act the shipping inspector or any person called by him to his assistance may arrest and detain the offender until he can be conveniently taken before justices to be dealt with summarily according to law. (c) The provisions of this subsection shall not derogate from or otherwise affect the provisions of section twenty-one of this Act.

300 SHIPPING. P art II.— A dminis ­ tration . Queensland Marine Act. 7 E liz . II. No. 37, Division II .— officvd*. (7.) Nothing contained in this Act shall render compellable any person compellable to answer any question tending to to incriminate himself. incriminate himself. Regulations (8.) Without limiting the power to make regulations with respect conferred by section two hundred and sixty-four of this inspectors. Act, regulations may be made under that section w . a . Act, prescribing the further powers, authorities, duties and s.nv. functions of shipping inspectors either generally or to meet particular cases. Di,,iGmemL'^ Division III. — General. Power of the 19. (1.) Any official of the Board may at any STecWo s time go on board any ship or other vessel to which the &STand°8S’ provisions of this Act apply and inspect the ship or muster crew, vessel, and if he has reason to suspect that the S', f 5 * 1 6. provisions of this Act or of any other Act relating to w . a . Act, shipping or seamen are not being complied with, he may 8‘ ' do all or any of the following things (i.) Require the owner, master, or any of the crew of the ship or other vessel to produce any certificate, official log book, ship’s log book, engine-room log book, or other document whatsoever relating to the crew or any member thereof in his possession or under his control ' and inspect the same and take notes or copies thereof or extracts therefrom or of any entry therein ; (ii.) Require the master of the ship or other vessel to produce a list of all persons on board his ship or other vessel; (iii.) Muster the crew of the ship or other vessel; (iv.) Require the master to appear and give any explanation concerning the ship or other vessel or her crew or any certificate, log book or other document produced or required to be produced. (2.) Every owner, master, and member of the crew of any ship or other vessel shall, when required to do so, give all information and assistance within his power to any official of the Board who is by this section authorised to go on board and inspect that ship or other vessel.

SHIPPING. 301 1958. Queensland Marine Act. P art II.— A dminis ­ tration . Division III .— 20. Every owner, master, or member of the emra crew of any ship or other vessel commits an offence produce 8 40 against this Act who— documents, (i.) When required to do so under the authority Q. Act, s. is. of this Act, fails to produce any certificate, f'^‘5Act’ log book, or other document, or to give any such explanation, as he is required to produce or give, or otherwise fails to give any information or assistance within his power ; or (ii.) Fails to permit the going on board the ship or other vessel by any person or any inspection under the authority of this Act, or fails to permit any person authorised by this Act to take notes or copies of any certificate, log book, or document produced or to take extracts therefrom or of any entry therein ; or (iii.) Impedes any mustering under this Act ; or (iv.) Knowingly misleads or deceives any person authorised by this Act to demand any explanation. Penalty : Two hundred pounds. 21. (1.) Any porSOIl wh.0--- Obstruction, . . . &c. (i.) Assaults, resists, hinders, obstructs, impedes, q . Act, threatens, 7 abuses, 7 insults, 7 or intimidates; 7 or S !? . • A 1 . 8 A > c 1 t 5 , 2- (ii.) Fails to comply with the lawful requisition,s- order, direction, notice, or demand or any s j^‘Act’ part of the lawful requisition, order, direction, notice, or demand of, any person performing or endeavouring to perform any duty imposed on him, or exercising or endeavouring to exercise any right or power conferred on him, by this Act, whether on board any ship or other vessel or elsewhere, shall be guilty of an offence against this Act; and may be arrested and detained by that person or by any person whom he may call to his assistance until the offender can be conveniently taken before justices to be dealt with summarily according to law. (2.) Any person who commits an offence in contravention of subsection one of this section shall be liable to a penalty of two hundred pounds.

302 P ar T in i officer ' s . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, Exemption of ships. s . a . Act, N.z 6 Act, s. 17. P ast III.— O fficers . 22. (1.) This Part does not apply to— (i.) Any fishing boat to which Part X for the time being aPPlies; (ii.) Any harbour and river ship when plying within the limits of any port; (iii.) Any motor boat or motor vessel to which Part X. for the time being applies ; or (iv.) Any pleasure yacht. (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 to which this Part applies, either while plying in any port specified by the Board or while plying under any circumstances considered exceptional by the Board, from any obligation imposed by this Part to carry any duly certificated officer or officers, and may at any time cancel any exemption so granted. ( b ) If there is a failure to comply with any condition subject to which an exemption under this subsection is granted, 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. Ships to have 23. (1.) Subject to section twenty-two of this Act, coeffritciefrics.ated no ship of a class specified in the first column of the Sch. II. Second Schedule to this Act shall go to sea, or ply in Q 2280 . b , A . 2 c 7 t , , s 2 s. 8 a , waniyth paodrut liynctehretifjiucraitseddicmtiaosnt,eruannleds, sifthseo psrheispcriisbepdro, voitdheedr s C . ’t 1 h 4. Act, idnultyheceSreticfoicnadteSdchoeffdiucelersfoarccsohridpisngoftothtahteclsacsasl. e set out (2.) (a) If any ship of a class specified in the first column of the Second Schedule to this Act, not being provided with a duly certificated master and, if so prescribed, other duly certificated officers as required by subsection one of this section, goes to sea, or plys in any port in the jurisdiction, the owner and the master of the ship shall each commit an offence against this Act. Penalty : Two hundred pounds. (b) If any ship of a class specified in the first column of the Second Schedule to this Act not being provided with a duly certificated master and if so prescribed other

1958. SHIPPING. Queensland Marine Act. 303 P art III.— O fficers . duly certificated officers as required by subsection one of this section, attempts to proceed to sea or ply in any port in the jurisdiction the ship may be detained by the Board until that ship is provided with a duly certificated master and, if so prescribed, other duly certificated officers according to the scale set out in the Second Schedule for ships of this class. (3.) (a) Any person who— Employment (i.) Unless he is duly certificated, suffers himself cated to be engaged, or who acts, as one of the [l6”0”8' officers with which any ship is required by 2' 28 *’ 28 o. this section to be provided; or c’th Act, (ii.) Employs or suffers any person to act ins. a ."Act, contravention of paragraph (i.) of this11,22, subsection as one of the officers with which any ship is required by this section to be provided, either knowingly or without using all reasonable means (proof whereof shall lie on him) to ascertain that the person so acting is duly certificated ; or (iii.) Fraudulently engages or suffers to be engaged any duly certificated officer to serve on board any 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 officer, fraudulently engages himself to serve on board any ship for such purpose, shall be guilty of an offence against this Act. Penalty : Two hundred pounds. (b) If any duly certificated officer engaged to serve as such on board any ship quits the ship before or on the commencement of her voyage or excursion he shall be deemed, unless the contrary is shown, to have been fraudulently engaged and to have fraudulently engaged himself as aforesaid. (4.) In relation to a ship, a person shall be deemed Meaning of not to be duly certificated unless he is the lawful holder ^r“|gcated for the time being of a valid certificate of competency cf. q . Act, or of service granted under this Act or any Act repealeds- 28°- by this Act, or, not being so granted, recognised for the ^’23 Act> purposes of this Act, of a grade proper for the ship and w . a '. Act, voyage or excursion and appropriate to his station ins' 21 (6)‘ that ship or of a higher grade.

304 P art III.— O fficers . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, Certificate (5.) (a) Certificates of competency or of service g o r f anted out granted or recognised under the Navigation Act or by the Queensland. Board of Trade, or by any other competent authority Q. Act, s. 30. recognised as such by the Governor in Council (other than certificates granted under the Navigation Act or by the Board of Trade or other competent authority which are limited in their application to any place outside Queensland), shall while in force be recognised for the purposes of this Act. (b) Subject to section twenty-four of this Act, the regulations may provide all such matters and things as may be considered necessary or desirable to give effect to this subsection, including the grade of any such certificates as recognised for the purposes of this Act. S.A. Act, s. 23. (c) Where any such certificate has been or has been directed to be cancelled or suspended by a competent authority the same shall not be a valid certificate for the purposes of this Act: Provided that if any such certificate has been temporarily suspended only, the same shall at the end of the period for which it was so suspended become as valid as it was before such suspension. Certificates 24. (1.) Certificates of competency may be granted ocofmpetency. by the Board in accordance with this Act for each of the Q. Act, following grades of officers (that is to say) :— s. 22 a , C’th Act, s. 15. Passenger Coaster and Coaster— Deck Officers— Master— Grade 1 (300 register tons and upwards), Grade 2 (100 register tons or more but less than 300 register tons), Grade 3 (50 register tons or more but less than 100 register tons), Grade 4 (less than 50 register tons), Mate— Grade 1 (300 register tons and upwards), Grade 2 (100 register tons or more but less than 300 register tons), Grade 3 (less than 100 register tons),

1958. SHIPPING. Queensland Marine Act. 305 P art III.— O fficers . Engine-room Officers— Marine Motor Engineer (Grade A), Third Class Coastal Engineer (Steam), Coastal Engine Driver (Motor), and generally such other grades as may be prescribed by the regulations in addition to or in substitution for any of the foregoing. (2.) The holder of a foreign-going certificate or the holder of a first class or second class engineer’s certificate may ship in the corresponding or any lower grade in a passenger coaster or coaster or a restricted limit ship. (3.) The holder of a second mate’s foreign-going certificate may ship as first mate of a passenger coaster or coaster, or as mate of a restricted limit ship. (4.) Every offioer who is the holder of a valid certificate appropriate to a position of any grade shall be deemed duly certificated in that grade and in all lower grades. (5.) In granting a certificate of competency as master of a ship the Board may limit the authority given by that certificate to the lawful holder thereof to act as master of a ship to the ship or ships or to voyages between such ports in the jurisdiction or to excursions within such limits as the Board may cause to be specified in the certificate. The ports between which or the limits within which authority is given to the lawful holder of a certificate of competency or of service as master of a ship shall in relation to that certificate and for the purposes of this Act be known as restricted limits. ( 6 .) The lawful holder of a certificate of competency or of service as master of a ship who acts as master of a ship plying beyond, in relation to that certificate, restricted limits shall be guilty of an offence against this Act, and any person who employs or suffers such lawful holder to so act shall also be guilty of an offence against this Act. Penalty : Two hundred pounds.

306 P art III.— O fficers . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, . (7.) Certificates of competency or of service granted under any Act repealed by this Act and in force immediately prior to the commencement of this Act for a— Coasting passenger vessel; Coaster ; Limited coasting passenger vessel; or Other ship, shall continue under, subject to, and for the purposes of this Act as certificates of competency under this Act (but subject to the same limitations (if any) to which such certificates were subject under the repealed Act) for a— Grade 1 ; Grade 1 (restricted to a coaster); Grade 4; Grade 4, respectively, and shall entitle the lawful holder to act in the corresponding grade or a lower grade. Examina- 25. (1.) Subject to this Part, the Board shall hold, certificates such times and places as it directs, examinations for of persons wishing to obtain certificates of competency competency. un(j ^ ^ Q. Act, ss 22 22 a 34 . ’ ’ (2.) The Board may, subject to this Act, appoint examiners to conduct these examinations, and the ' ’ ‘ examiners shall adhere strictly to the requirements of this Act in their conduct of those examinations. The examiners shall be paid such remuneration as fixed from time to time by the Board with the approval of the Minister. (3.) No person shall be examined as aforesaid unless he is a British subject under and within the meaning of the * Nationality and CitizenshipAct, 1948­ 1953, of the Commonwealth and possesses the prescribed qualifications. (4.) Without limiting the general power to make regulations conferred by section two hundred and sixty- four of this Act, regulations may be made under that No. 83 of 1948 and amending Acts of the Commonwealth.

1958. SHIPPING. Queensland Marine Act. 307 P art in.— O fficers . section with respect to examinations for the granting of certificates of competency including, but without limiting the generality of the aforegoing, regulations in respect of all or any of the following matters :— (i.) Prescribing the qualifications as to all or any of the following, namely:—citizenship, age, experience, length of service, character, medical fitness, ability to read and speak the English language intelligibly, and otherwise for the examination or re-examination for or the grant of certificates of competency of any kind or grade ; (ii.) Providing for the holding and conduct of examinations of candidates for certificates of competency of any kind or grade ; (iii.) Prescribing the fees to be paid by candidates for examination and re-examination which fees may differ in respect of certificates of different kinds or grades, and different regulations may be made in respect of certificates of competency of the different kinds or grades. 26. The Board shall, subject to section twenty-Grant of seven of this Act and on payment of any fee which may be °®rtlficates prescribed by regulations made pursuant to section two competency, hundred and sixty-four of this Act, deliver to every Q- ^3ct,25 applicant who possesses the necessary qualifications, c’th Act,’ and is duly reported by the examiners to have passed8-18, the examination satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability and general good conduct, such a certificate of competency as the case requires. 27. The Board may, in any case in which a report ^®nej“mina' appears to it to have been unduly made, remit the case certificates either to the examiners who made the report or to any of other examiners, and may require a re-examination °f 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.

308 P art III.— O fficers . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, crFeeocrrotmirfdicoianftge,s, made28in. t(h1e. ) pArelsl crciberetdififcoartmes orofa fcoormmpteotenthcey liskhealelffehcet &c. and shall be in duplicate, one part shall be delivered CQ’ . thAcAt,cst., 35. to the person entitled to receive the certificate and the s. 19. other shall be kept and recorded by the secretary or by M s. . 1 S 0 . 0 A . ct, such other official as the Board appoints for the purpose. (2.) The secretary or other official as aforesaid 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 copy purporting to be certified by the secretary or other official as aforesaid of any certificate or entry made as aforesaid in respect of any certificate shall be admissible in evidence and shall be evidence of the certificate or, as the case may be, of the truth of the matters stated in the entry and shall, in the absence of evidence to the contrary, be conclusive evidence of such. (4.) Every person to whom a certificate or certified copy referred to in this section is delivered shall pay the prescribed fees, if any, therefor. cLQeo.rsAttifcitc,ast.es3. 6. of th2e 9B. oWardhetnheavterheanhyaso, ffwicdetrhopurot vfeasulttootnhehissatpisafrat,ctlioosnt C’th Act, or been deprived of any certificate already granted to sW. . 2A1. . Act, him by the Board, the Board shall, upon payment of a. 27. such fee (if any) as may be prescribed by the regulations made pursuant to section two hundred and sixty-four of this Act, 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 official directed to keep the record and to be delivered to the officer. Any copy purporting to be so certified shall have all the effect of the original. Return of 30. (1.) The master of every ship shall, upon the cQe.rAtifcitc,ast.es3. 2. discharge of every officer whose certificate of competency C’th Act, or service has been delivered to and retained by the s. 66. master, return the certificate to the officer. Penalty: Fifty pounds.

1958. SHIPPING. Queensland Marine Act. 309 P art III.— O fficers . (2.) The master of any ship who fails to comply with the provisions of subsection one of this section shall, in addition to any penalty which he may incur for that offence, be liable to pay to the officer concerned the sum of one day’s pay for every day or part of a day during which the certificate is withheld. (3.) Any person having in his possession a certificate of competency or service of any officer who, upon being required by an official to deliver that certificate to the officer, fails to do so shall be guilty of an offence against this Act. Penalty: Fifty pounds. 31. (1.) No person shall engage or go to sea as an British officer in any passenger coaster or coaster who is not—and°Engiish (i.) A British subject under and within the c-t^Act, meaning of the *Nationality and Citizenship s. 26. Act 1948-1953, of the Commonwealth ; and (ii.) Thoroughly conversant with the English language. Penalty : One hundred pounds. ( 2 .) All officers who take part in the navigation ofAccess to any ship on any voyage or excursion shall have access ^ to the charts belonging to the ship in use during the s. 28. ° voyage or excursion. P art IV. — S eamen . P art IV.— S eamen . Division I. — General. Divi G si e o n n era i. l. — 32. (1.) Unless otherwise expressly provided, this Application Part shall apply to all coasters (including passenger °f t^ptPart' coasters and restricted limit ships) of eighty or more (1939^3.17. register tons. (2.) For the purposes of this Part, “ seaman ” and Definition “ apprentice ” include any person who is seeking appre^uce/ employment as a seaman or apprentice, as the case may c’th Act, be, or who is engaged or supplied, or who is offered for8-28A- engagement or supply, as a seaman or apprentice on board a ship. No. 83 of 1948 and amending Acts of the Commonwealth.

SHIPPING. 457 ---------------------------------------------------------------------------------------------------------------- - P art XIII.— 1958. Queensland Marine Act. proceedings * ___________________________________________________________________________ _ AND D etention : within six months after the commission of the offence 0F VESSELS’ came to the knowledge of the complainant, whichever is the later period. (8.) Subject to subsection four of this section anyN.z. Act, person guilty of an offence against any provision of this8' 480 <2^ Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding one hundred pounds. (9.) Any penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under this Act. (10.) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act, the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty. (11.) Where a person is convicted of any offence Liability to against this Act and the court by which he is convicted is of opinion that such offence was committed with of fraud, intent to defraud, he shall be liable, in addition to or in lieu of any penalty, to be-imprisoned for any term not exceeding six months. (12.) On any conviction under this Act the court Compensa- may order such payment as it thinks fit as compensation for loss of time or expense incurred in consequence of ‘ the offence of which the defendant was convicted, or in connection with the proceedings to secure such conviction. (13.) A person sentenced on conviction on indictment to pay a fine may be sentenced to be imprisoned until the fine is paid; but so that the imprisonment for non-payment of the fine shall not extend for a term longer than two years, and shall not extend for a term longer than the longest term, if any, for which he might be sentenced to be imprisoned without fine. (14.) In any proceedings on a complaint any order Power of which the court is empowered to make may be made “^‘0rder without an application or complaint being made in without respect thereof, notwithstanding anything to the contrary thereforlon in this or any other Act.

SHIPPING. P art XIII.— ■ ' ~ : ' P roceedings AND D etention Queensland Marine Act. 7 E liz . II. No. 37r vessels . (15.) Proceedings against any corporation, Corporation, instrumentality, or authority for an offence against this Act, or for the recovery of fees, dues, rates, charges, or expenses under this Act, may be taken by proceedings against the corporation, instrumentality, or authority or against any person who is the manager or who acts or takes part in the management, administration, or government of such corporation, instrumentality, or authority, and such person shall be personally liable in such proceedings against him for the offence or, as the case may be, fees, dues, rates, charges or expenses in question. This subsection applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it or to be proceeded against for the recovery of any fees, dues, rates, charges, or expenses payable by it under this Act. Recovery of fines, &c., by distress. Q. Act, s. 192. S.A. Act, s. 138. N.Z. Act, s. 489. 235. (1.) Where any court— (i.) Adjudges any person convicted of an offence against this Act to pay any fine or other moneys ; or (ii.) Adjudges any person to pay wages owing to any seaman or apprentice ; or (hi.) Makes any order for payment of costs or expenses of or incidental to any such proceeding, and the person adjudged to pay the same is the owner or master of a vessel, and the same are not paid within the time and in the manner limited by the conviction or specified in the order of the court, or, if in the case of a proceeding for the recovery of wages no time for payment is specified, within seven days after judgment is given or the order made, the court or a court exercising like jurisdiction may in addition to any other power it may have to compel payment, direct the amount remaining unpaid to be levied by distress or by the sale of the vessel and her equipments and they shall be sold accordingly. (2.) Without limiting the general power to make rules conferred by section two hundred and sixty-four of this Act, rules may be made under that section touching

SHIPPING. 459 P art XIII.— 1958. Queensland Marine Act, proceemnch * AND ‘ ~ D etention the practice and procedure of any court in the exercise 0K VESS®LS- of the powers conferred by this section, but, except in so far as any such rules, or any rules made under any other Act provide, the practice and procedure shall be as the court directs. 236* (1.) The court imposing a penalty under this Application- Act for which no specific application is herein provided ^fcpenaltl0"*' may, if it thinks fit, direct not exceeding one moiety of q . Act. the penalty to be paid to the person giving information A . of the violation of the provisions of this Act or be applied s. 407 .° in compensating any person for any wrong or damage sustained by him through the act or default in respect of which the fine is imposed. (2.) Subject to subsection one of this section, all penalties and, unless otherwise expressly provided, all forfeitures, fees, dues, rates, and other moneys payable under this Act shall, upon recovery or receipt be paid into and form part of the Consolidated Revenue Fund. 237. In cases where a forfeiture of wages is directed Payment to by any court, the court may direct the whole or a portion forfeited of the forfeiture shall be paid to the master or owner wages. of the ship as a recoupment for loss occasioned by the ^fiogth Act’ misconduct of the offender. 238. Whenever the Board does anything under Recovery by this Act which it is hereby authorised to do at the expense of any person, or any expenses are under this Act payable to the Board by any person, the amount of the expenses may be recovered by the Board by action in any court of competent jurisdiction. 239. (1.) No matter or thing done by the Minister or Protection the Board or any member thereof, or by any official or °fc°fflcia,8> member of the Police Force, or by any person acting c’th Act, with the authority of any of the persons aforesaid in ^ A4-Act good faith and without negligence for the purpose of s. 210 . ° ’ executing this Act or in the execution of his powers ^s-^ 1898> and duties under this Act, shall subject the Crown, or s.°in.’ the Minister, Board, member, official, or person as aforesaid to any liability in respect thereof. (2.) If the plaintiff in any such action discontinues, or is non-suited, or if judgment is given for the defendant, the latter shall have treble costs.

460 SHIPPING. P art XIII.— L egal P roceedings Queensland Marine Act. 7 E liz . II. No. 37, and D etention dSoe o rc p vu V imc e ee ss no e tf l s s . . empo 2 w 4 e 0 re . d ( , 1. a ) uAthornisoetdiceo, r orredqeuriredor byothaerprodvoicsuiomnenotf Q. Act, this Act to be served upon, or given, or delivered to any sC. ’t1h91A. ct, person may be so served, given, or delivered— ss. 404, 405. W.A. Act, (i.) In any case by delivering a copy thereof as . 216, 217. M.S. Act, e. 696. personally to the person to be served, or to whom the same is to be given or delivered or S.A. Act, a. 133. by leaving the same at his last known place of abode or business ; (ii.) If the document is to be served on or given or delivered to the master of a ship or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship, and explaining to that person the purport thereof; or (iii.) If the document is to be served on or given or delivered to the master of a ship, where there is or apparently is no master, and the ship is within the jurisdiction, on or to the owner of the ship, or, if there is no owner of the ship resident in Queensland, on or to some agent of the owner residing in Queensland, or where no such agent is known or can be found by affixing a copy thereof to the mast of the ship. (2.) Every person who obstructs or hinders otherwise the service on the master of a ship of any document under this Act relating to the detention of the ship commits an offence against this Act, and if the owner or master of the ship is party or privy to the obstruction he is guilty of a misdemeanour. Proof of document without attesting witness. C’th Act, s. 402. W.A. Act, s. 214. M.S. Act, s. 694. 241. Where any document is required by this Act to be executed in the presence of or to be attested by any witness or witnesses, that document may be proved by the evidence of the person who is able to bear witness to the requisite facts, without calling any attesting witness.

SHIPPING. 461 ----------- ; ------------------------------------------------------------------- - ------------------------------------------------- P art XIII.— 1958. Queensland Marine Act. proceedings AND D etention 242. In any legal or other proceeding a seaman 0F VESSELS- may bring forward evidence to prove the contents of TgreemLt any agreement with the crew or otherwise to support by seamen, his case, without producing or giving notice to produce 29 the agreement or any copy thereof. ( 5 ). ’s' C’th Act, s. 57. N.Z. Act, s. 496. 243. In any legal or other proceeding under or Facilitation for a purpose of this Act— °f ^r°t°^ (a) It shall not be necessary to prove theC’tfiAct, appointment of the portmaster, or any other official; 8‘ ' (6) All documents purporting to he issued in pursuance of this Act by any official and to be signed by him shall be taken to have been so issued and signed unless the contrary is proved ; (c) Every document purporting to be an office copy of any such document and to be signed in the manner required shall be admissible in evidence and shall be deemed to be a true copy of the original; ( d ) In proving the transmission of any certificate purporting to be issued in pursuance of this Act to any person required by this Act to possess such a certificate, it shall be sufficient to prove that it was by some official or officer of the Public Service of this State delivered to such person or left at or forwarded by certified mail letter to the last known place of abode or business of such person or to the address last nominated by that person for the purpose ; (e) It shall not be necessary to prove the authority of any member of the Board, or the portmaster or any other official or any inspector to do any act or take any proceeding, but this shall not prejudice the right of any defendant t,o prove the extent of such authority ; (/) A document purporting to be a duplicate or copy of a notice or order given or made under this Act by the Board, the secretary, or by any other official shall, upon its production in evidence, be evidence of that notice or order, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of that notice or order; ( g ) A document purporting to be signed by the secretary and stating that at any specified time there was or was not in force a certificate, license, permit or

462 SHIPPING. P art XIII.— L egal P roceedings and D etention of V essels . other authority Queensland Marine Act. 7 E liz . II. No. 37, under this Act as described therein issued to a specified person, or in respect of a specified vessel, or that any such certificate, license, permit or other authority was or was not subject to terms, conditions or restrictions, or was or was not issued subject to the terms, conditions and restrictions set out in that document shall, upon its production in evidence, be evidence of the matter or matters in the document, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters ; ( h ) A document purporting to be signed by the secretary and certifying that the amount of fees, dues, rates, charges, expenses or other sums specified therein is payable under this Act and has not been paid by a specified person shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters ; (i) Where the age of a person is material, the adjudicating court may, if that person is charged or present before it, decide, upon its own view and judgment, whether he has or has not attained the prescribed age, but nothing in this paragraph shall be construed to prevent the age of that person being proved; and (j) In any proceeding for an offence under this Act alleged to have been committed with respect to a ship or other vessel, and in any proceeding or action for the recovery of any amount of fees, dues, rates, charges, expenses or other sums alleged to be payable and not paid in respect of a ship or other vessel, a certificate purporting to be under the hand of a Registrar of British ships at any port, under the provisions of the Merchant Shipping Act, or of any person thereunto authorised by that Registrar, that the particulars in the register of British ships kept by the said Registrar under the provisions of that Act, show that any person was owner of that ship at any time or in the case of a vessel exempt from registration as a British ship and required to be licensed or registered under Part X. of this Act, a certificate of the secretary that the particulars in the register of such vessels kept by the Board under this Act, show that any person was the owner of that vessel at any time, shall be received in evidence and shall be evidence that that person was the owner of that ship or other vessel, as the case may be, at that time and, in

SHIPPING. 463 ---------------------------------------------------------------------------------------------------------------- P art XIII.— 1958. ' . Queensland Marine Act proceedings AND D etention the absence of evidence in rebuttal thereof, shall be 0F YESSE“- conclusive evidence of such ownership at that time and the authority of the person giving such certificate to give the same shall he presumed until the contrary is proved. 244. (1.) Where a certificate or other document Admissu or any book, writing, or other instrument is by this Act documents declared to be admissible in evidence, it shall, on its in evidence, production from the proper custody, be admissible in A t evidence in any court or before any person having by 8. 403. ’ law or consent of parties authority to receive evidence, ^v^gAct’ and, subject to all just exceptions, shall be evidence m . s . Act. of the matters stated therein in pursuance of this Acts- 695- or in pursuance of any duty under this Act. (2.) A copy of, or extract from, such a certificate or other document or book, writing, or other instrument shall also be admissible in evidence without further proof or production of the original if— (i.) It is proved to be an examined copy or extract; or (ii.) It purports to be signed and certified as a true copy or extract by the official or person to whose custody the original thereof was entrusted, and shall be deemed to be sufficiently verified for all purposes of this Act. (3.) Any official or person who is by this Act required or authorised to issue, grant, give, make, or keep, any certificate or other document or any book, writing, or other instrument shall furnish a certified copy thereof or a certified extract therefrom to any person applying at a reasonable time for the same, upon payment by that person of the fee (if any) which is prescribed in that behalf by the regulations. (4.) Unless the contrary is proved, a certificate purporting to have been signed by a proper authority shall be deemed to have been signed by the person by whom it purports to be signed and that person shall be deemed to be a proper authority. (5.) Judicial notice shall be taken of every notification under the authority of this Act published in the Gazette.

464 SHIPPING. P art XIII.— L egal P roceedings Queensland Marine Act. 7 E liz . II. No. 37, and D etention of V essels . 245. (1.) Where any dues or rates are payable Dofevteenssteiolsn under this Act in respect of any vessel, whether for until dues, pilotage, or for other services, the vessel may be detained &c., paid. by the Board in any port until such dues or rates sQ. . 1A31c. t, are duly paid, or, if there is any difference as to the dues or rates payable, until the harbour master at that port is satisfied that sufficient security has been given for the payment of the dues or rates when ascertained, and of the expenses, if any, arising from non-payment thereof. Recovery of (2.) All fees, dues, rates, charges, or other sums dues, &c. payable pursuant to this Act to the Board or any official and not duly paid may be recovered in any court of competent jurisdiction. (3.) The several remedies for the recovery of amounts of fees, dues, rates, charges or other sums payable under this Act and not paid shall be alternative and no such remedy shall prejudice or otherwise affect any other excepting that resort shall not be had to more than one such remedy in respect of any one and the same amount of fees, dues, rates, charges or other sums so payable. Enforcing detention. C’th Act, s. 414. S.A. Act, s. 36. 246. (1.) Where under this Act any ship is authorised or ordered to be detained, whether by the Board or otherwise, any official may detain the ship. (2.) Without prejudice to any other means exercisable for the detention of the ship, an official may detain a ship by service of a notice of, or of the order for, detention on the master of the ship. (3.) If the ship after detention or after service on the master of any notice of or order for detention goes to sea before it is released by competent authority, the master of the ship and also the owner and any person who sends the ship to sea, if such owner or person is party or privy to the offence, shall be guilty of an offence against this Act. Penalty : Three hundred pounds. Cost of detention, &c., to be paid by owner. 247. Where any ship is detained at any port under or pursuant to any provision of this Act which provides for the detention of the ship until a certificate is produced or any other certain event occurs, the owner of the ship, or other person for the time being responsible

SHIPPING. 465 ------------------------------------------------------------------------------------------------------------------------------------------ ' P art XIII.— 19o8. QuCBTlsl/CbTlcli .Ac^. P roceedings AND D etention for the navigation and management of the ship, shall be 0F VESSELS' liable to pay to the Board the costs of and incidental to the detention and to the survey (if any) and those costs shall, without prejudice to any other remedy, be recoverable by the Board in any court of competent jurisdiction. P art XIV.— M iscellaneous . Restricted limits. P art XIV.— M iscel ­ laneous . 248. (1.) Subject to the provisions of subsection Restricted two of this section, a ship in respect of which a limitedn£ttohips coasting certificate of survey is for the time being in force proceed shall not ply or proceed beyond the limits stated in that u2itsd certificate of survey; and if any such ship so plies or specified in proceeds the owner and the master commit an offence survey?*6 ° against this Act. Penalty : Three hundred pounds. n . z . Act, s ’ 251. ' (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 occasion from one port in Queensland to any other port in Queensland, 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 : Three hundred pounds. (3.) Nothing in this section shall affect the provisions of sections twenty-three and twenty-four and one hundred and eleven of this Act. Forgery, &c. 249. Every person is guilty of a misdemeanour Forgery and __ fraudulent alteration (i.) Forges or fraudulently alters, or assists int0 docu- forging or fraudulently altering, or procures faise to be forged or fraudulently altered the representa- common seal or other distinguishing mark of c-thAot*' the Board or any certificate, license, or other ss. 27 , 389. document whatsoever issued, granted, given, ^'ftsAot’ or made by the Board or any official, or any m . s . Act, declaration or form under or for the purposes s^Acfc7,22* of this Act, or any official copy of or extract s. 137 . ’ from any of these; or

466 P art XIV.— M iscel ­ laneous . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, (ii.) Makes, assists in making, or procures to be made any false representation for the purpose of obtaining for himself or any other person a certificate of competency or of service or any other certificate or any license or any authority whatsoever granted or issued under this Act; or (iii.) Fraudulently uses any such certificate, license, authority, other document, declaration, or form, or official copy of or extract from any of these which has been forged, altered, cancelled, or suspended or to which he is not justly entitled ; or (iv.) Fraudulently lends his certificate of competency or of service, or a certificate or license or authority granted or issued to him under this Act, or allows the same to be used by any other person; or (v.) Knowingly or wilfully makes or assists in making or procures to be made a false or fraudulent declaration. Tonnage of Ships. Tonnage of 250. Where any ship has been registered at any JsShripitsishof the port in the British Commonwealth of Nations, the Common­ tonnage specified in the certificate of registry shall for wQe. aAltcht. , the purposes of this Act be considered to be the tonnage s. 133. of the ship. C’th Act, s. 408. W.A. Act, s. 219. S.A. Act, s. 142. Tonnage of 251. To ascertain the tonnage of any ship as calculated, which any question arises, any person appointed Q. Act, s. 134. C’th Act, £. 409. W.A. Act, s. 220. S.A. Act, s. 143. whether generally or specially by the Board may measure the ship, and the person so appointed in measuring the ship shall follow the regulations contained in the Merchant Shipping Act. Search. Power to . 252. Any person authorised by the Board, with e’thActUpS su°k assistants as he requires, may search any vessel s. 4i2. ’ in any port whenever he has ground for believing the s^2i8Ac** sear°h to be necessary for the due performance of his ’ ’ duty under this Act.

1958. SHIPPING. Queensland Marine Act. 467 P ast XIV.— MISCEL- LANEOHS. Cancellation, Suspension and Return of Certificates. 253. (1.) The Board may at any time, subject to Power of confirmation by the Minister, cancel or suspend— cancel certi- (a) Upon conviction of the holder thereof for convicted an indictable offence, a certificate of Pf1-80™3- competency or of service, recognised pursuant s. 420. to subsection five of section twenty-three of this Act, for the purposes of this Act; M.s. Act, . s. 469. ( b) Upon conviction of the holder thereof for any offence, the certificate or license under this Act of any master, mate, or engineer, or any other license or certificate, or any authority whatsoever under this Act. (2.) Suspension under this Act of any certificate, Effect of license, or authority whatsoever— suspension (a) Shall, whilst such certificate, license, or certlficate‘ authority is so suspended have the same effect as the cancellation of the certificate, license, or authority; ( b ) Shall, whilst such certificate, license, or authority is so suspended, disqualify the person who held that certificate, license, or authority from holding or obtaining under this Act a certificate, license, or authority of the same grade, class, or description; and (c) (If the period of such suspension is less than the period during which that certificate, license, or authority ordinarily would have remained in force) shall not, upon the termination of that suspension, extend the period during which that certificate, license, or authority thereafter remains in force beyond the period during which that certificate, license, or authority would have remained in force if it had not been so suspended. 254. (1.) The Board may require any certificate of Delivery of survey which has expired or been cancelled or suspended certificates, to be delivered up to it as it directs. &c. Q. Act, s. 50* C’th Act, s. 200.

468 PART XIV.— SHIPPING. Queensland Marine Act. ' ' 7 E liz . II. No. 37, (2.) The Board or any official may require the person to whom any certificate, license, or authority whatsoever has been issued or granted or is deemed to be issued or granted under this Act and which has expired or has been suspended, or cancelled to deliver up any such certificate, license, or authority at such time and to such person and in such a manner as the Board or official may direct, and if the person so directed fails in any respect without reasonable cause (proof whereof shall lie on him) to comply with such requirements, he shall be guilty of an offence against this Act. The provisions of this subsection shall be in addition to and not in derogation of the provisions of section one hundred and ninety-three of this Act. The Merchant Shipping Act. Bepeaiin certain provisions shipping Act. ,S.A. Act, s. 131. 255. Parts II. and V. of the Merchant Shipping Act are hereby repealed so far as regards coasters and harbour and river ships in Queensland waters or in any port m Queensland, and the owners, masters, and crews thereof, where such ships are within the jurisdiction. Private Signals. Private signals. C’th Act, s. 266. S.A. Act, s. 132. 256. (1.) The owner of any ship who is desirous of using for the purposes of a private code any lights or other similar signals may apply for the registration of such signals with the Board. and s^vic^' (2.) The Board may refuse to register any signals «. 60 , s. 733 . which in its opinion cannot easily be distinguished from signals of distress or signals for pilots. (3.) If the Board registers the signals it shall give public notice at the expense of the owner of the signals so registered in such manner as it thinks requisite for preventing the signals from being mistaken for signals of distress or signals for pilots. (4.) When a signal has been so registered and while it remains registered the use or display thereof by any person acting under the authority of the owner in whose name it is registered shall not subject any person to any of the penalties or liabilities by this Act imposed upon persons using or displaying signals improperly.

1958. SHIPPING. Queensland Marine Act. 469 P am xiv .— MISCBL- LANEOUS. (5.) The Board may if it thinks fit cancel the registration of any such signal at any time. 257. The master of every ship to which any of the Master to provisions of this Act apply shall provide himself with a thf3PActPy °f eopy thereof and also of all regulations and rules made Q; Act>s-79- under this Act with respect to the exhibition of lights £ Via0*’ and signals, and shall at all times keep the same on board his ship. Any master failing to comply with any provision of this section shall be guilty of an offence against this Act. Penalty : Twenty pounds. Being on Board a Ship Unlawfully. 258. (1.) No person (other than a member of the Being on Board, or an official, or a person duly authorised by the a Minister, the Board, or an official) shall without unlawfully, reasonable excuse or the permission of the master go ° ^g4'04’ on board or remain alongside or hover near any ship in w . a . Act, any port during the night. e. 212 . Penalty : Twenty-five pounds. (2.) The master or a member of the Police Force may apprehend and keep in safe custody any person so offending and bring him before justices on the following morning to be dealt with summarily according to law. Mercantile Marine Offices. 259. The Board, with the approval of the Mercantile Minister, may establish mercantile marine offices at Xcee! such ports as the Board thinks fit, and appoint any m . s . Act, person or persons to be superintendents at such offices. ®ff: q \^7, s. 13. ’ C’th Act, s. 13. S.A. Act, Forms. s•126- 260. (1.) Subject to this Act, the Board may Forms, prepare, sanction, and issue forms for any document c’th Act, 2° whatsoever required under this Act. s. 417. ’ (2.) Every document required under this Act shall be made in the prescribed form (if any) or in a form to the like effect.

470 P art XIV.— M iscel ­ laneous . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, Powers of the Governor in Council. Dispensing 261. (1.) The Governor in Council by Order in tphoewers of Council may, if he thinks fit, exempt any ship or class of Governor in ships from any specified requirement prescribed by or in CC’ otuhnAcicl. t, pursuance of this Act, or dispense with the observance of s. 422 a . any such requirement in the case of any ship or class of 8 N . .Z 50 . 5 A . ct, ships, if he is satisfied— (i.) That the requirement has been substantially complied with in the case of that ship or class of ships; or (ii.) That compliance with the requirement is unnecessary in the circumstances of the case ; or (iii.) That the action taken or provision made as regards the subject matter of the requirement in the case of the ship or class of ships is as effective as, or more effective than, actual compliance with the requirement. (2.) The Governor in Council by Order in Council may, if he thinks fit, direct that any ship or class of ships shall not be required to comply with any specified requirement prescribed by or in pursuance of this Act if he is satisfied that such circumstances exist as render compliance with that requirement impracticable, or make insistence upon compliance with that requirement undesirable in the public interest. (3.) Any exemption, dispensation, or direction under this section may be unconditional or subject to such conditions, limitations, and restrictions as are expressed in the Order in Council and, if so subject, failure in any respect to comply with any condition, limitation, or restriction shall render the same of none effect. (4.) The Minister shall present to Parliament annually a special report stating the cases in which the Governor in Council has exercised his power under this section or under section two hundred and sixty-two of this Act during the preceding year, and the grounds upon which he has acted in each case. Governor in 262. Where, by misadventure or accident, anything rCeocutinfcyil may is at any time done after the time or is not done within irregu­ the time required by this Act, or is otherwise irregularly larities, &c. done in matter of form, the Governor in Council may s Q . .H 16 . 4 A . ct, from time to time, by Order in Council, make provision

1958. SHIPPING. Queensland Marine Act. 471 pam xiv .— MISCEL­ LANEOUS. for any such case, or may extend the time within which anything is required to be done, or may validate anything so done after the time required or so irregularly done in the matter of form, so that the true intent and purpose of this Act may have effect: Provided that nothing contained in this section shall be deemed to confer on the Governor in Council any authority to extend any period of limitation prescribed by this or any other Act for the bringing of any proceeding in a court of law. Fees ; Costs and Expenses of Administration of this Act. 263. (1.) Without limiting the general power to Fees, make regulations conferred by section two hundred and sixty-four of this Act, regulations may be made under that section prescribing the matters in respect of which fees shall be payable to the Crown or to any other person under this Act, and prescribing the amounts of those fees. Different amounts may be prescribed in respect of different matters or in respect of the same matter according to the circumstances so prescribed. (2.) The Minister if he deems it just so to do may Q. Act, remit the payment of all or any part of any fees, dues, s‘4' rates, charges, or other sums payable under this Act. 264. (1.) The Governor in Council may from time Regulations, to time make rules and regulations providing for all or any matters and things required or permitted by this Act c’th Act, to be prescribed (save any thereof required by this Acts- 425‘ to be prescribed otherwise) and for all or any purposes, whether general or to meet particular cases, as in his opinion are convenient for the administration of this Act or as in his opinion are necessary or desirable for carrying out the objects and purposes of this Act. (2.) The power to make with respect to any persons or any matters or things whatsoever, any rule or regulation under this Act sjiall include power to make that rule or, as the case may be, regulation so that it may be of general or specially limited application

472 P art XIV.— M iscel ­ laneous . SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37, Q. Act, e. 109. according to time, place, purposes, class, or circumstances, or otherwise as is prescribed, and so that any rule or, as the case may be, regulation of specially limited application may or may not differ from any other rule or, as the case may be, regulation of specially limited application with respect to the same persons, matters, or things. The power to make rules or regulations with respect to any matter shall include power to make rules or regulations under this section prohibiting that matter either generally or to meet particular cases. (3.) Without in any wise limiting or affecting any other provisions of this Act, the power to make regulations with respect to any matter shall include power to prescribe the amount of any penalty or punishment by imprisonment for any offence against any regulation, provided that any such penalty shall not exceed one hundred pounds and any such punishment by imprisonment shall not exceed a term of three months. (4.) Rules and regulations may be made under this Act at any time after the passing hereof. prFeouswrpteehrcestrwtoith make26o5r. g( 1iv.) e Wanhyen PurnodcelarmtahtiisonA, ctOrpdoewr erinis Choaudnctiol, Orders in regulation, rule, order, notification, or direction, power rCeoguunlacitlioannsd, shall be had to make or, as the case may be, give one &c. or more Proclamations, Orders in Council, regulations, rules, orders, notifications, or directions as may appear necessary or expedient in the circumstances, and either at one and the same time or from time to time. (2.) No misnomer, inaccurate description or omission in or from any Proclamation, Order in Council, regulation, rule, determination, order, notification, or direction under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood. oPlafumPbalritocioca­ ntiso, n regul2at6io6n., ( a1n. ) d Eruvleermy aPderoucnladmerattihoins,AOctrsdhearlli— n Council, &c. Q. Act, (i.) Be published in the Gazette ; s. 194 b .

1958. SHIPPING. Queensland Marine Act. 473 P art XIV.— M iscel - LANEOTJS. (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication unless, in the case of any such Order in Council, regulation, or rule, a later date is specified in that or any other Order in Council, regulation, or, as the case may be, rule for its commencement when in such event it shall take effect from that later date ; and (iv.) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, regulation, or rule has been laid before Parliament disallowing such Proclamation, Order in Council, regulation, or rule or part thereof, that Proclamation, Order in Council, regulation, or rule or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, regulation, or rule.

474 SHIPPING. Queensland Marine Act. 7 E liz . II. No. 37r S chedules . {Section 7.] Year and Number of Act. SCHEDULES. FIRST SCHEDULE. Short title. Extent of Repeal. 38 Vic. No. 10 41 Vic. No. 3 .. “ The Shipping Amendment Act The whole- of 1874 ” .. “ The Navigation Act of 1876 ” The whole 46 Vic. No. 12 .. 59 Vic. No. 12 .. 60 Vic. No. 31 .. 2 Geo. V. No. 5 .. 10 Geo. V. No. 14 .. 21 Geo. V. No. 21 .. 3 Geo. VI. No. 26 .. 14 Geo. VI. No. 12 .. “ The Port Dues Revision Act of 1882 ” “ The Shipping Amendment Act of 1895 ” “ The Navigation Act Amendment Act of 1896 ” “ The Navigation Acts Amend­ ment Act of 1911 ” “ The Port Dues Revision Act Amendment Act of 1920 ” “ The Navigation Acts Amend­ ment Act of 1930 ” “ The Navigation Acts Amend­ ment Act of 1939 ” “ The Port Dues Revision Act Amendment Act of 1950 ” The whole- The whole* The whole The whole The whole The whole The whole The whole

1958. SHIPPING. Queensland Marine Act. 475 SECOND SCHEDULE. S chedules . 23 (1.) [Section] S cale of O fficers for S hips to which P art III. applies . Division 1.—Deck Officers. Every ship engaged in the Coasting Trade shall be provided with duly certified Masters and in addition with other duly certified Deck Officers according to the following scale :— Class of Ship and Net Register Tonnage of Ship. Minimum number of duly certified Deck Officers holding Certificates proper for the Ship and the Voyage. Master. First Mate. Second Mate. Passenger coaster and coaster— (a) 300 tons and upwards .. .. (b) 100 tons or more but less than 300 tons (c) 50 tons or more but less than 100 tons ( d ) Less than 50 tons— (i.) If plying not less than 50 miles of port of departure (ii.) If plying within 50 miles of port of departure Grade 1 Grade 2 Grade 3 Grade 4 Grade 4 Grade 1 Grade 2 Grade 3 One, if so required by the Board Grade 3 — Holder of a Second Mate’s Foreign-going Certificate may ship as First Mate on any coaster or restricted limit ship.

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