Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 (Qld)

Queensland Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Act No. 40 of 2013

Queensland Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of Maritime Safety Queensland Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 4 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 7 Amendment of s 12 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 12A (Preservation of rights of particular public service officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 12B (Tenure as public service officer on ending of particular employment contracts) . . . . . . . . . . . . . . . . . . . . . . . 8 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2A Transfer of pilotage services Division 1 Preliminary 12C Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12D Who is the new employer of a transferred employee . 10 12E What is a transferred pilotage area . . . . . . . . . . . . . . 11 Division 2 Transfer of assets and liabilities, etc. 12F Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3 Transfer of employees and contracts 12G Matters for transfer of transferred employees. . . . . . . 13 12H Preservation of rights of transferred employees . . . . . 14 12I Contracts relating to transferred pilots . . . . . . . . . . . . 16 12J Pilotage service contracts . . . . . . . . . . . . . . . . . . . . . 16

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Contents 10 11 12 13 Part 3 14 15 Part 4 16 17 18 19 20 21 22 Page 2 Division 4 Other matters for transferring pilotage services 12K Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . 12L Disposal of public records . . . . . . . . . . . . . . . . . . . . . 12M Application of instruments . . . . . . . . . . . . . . . . . . . . . 12N Registering authority to note transfer or other dealing 12O Part applies despite other laws and instruments . . . . 12P Effect on legal relationships . . . . . . . . . . . . . . . . . . . . 12Q Things done under this part . . . . . . . . . . . . . . . . . . . . 12R Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Fund). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Recording MSQ’s changed name in register) Insertion of new pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Transitional provisions for Transport Legislation (Port Pilotage) Amendment Act 2013 19 Immunity for general employers . . . . . . . . . . . . . . . . . 20 Licences of transferred pilots not affected by transfer of pilotage services. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 References to the State or MSQ in documents . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Infrastructure Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 276 (Port services function) . . . . . . . . . . . . . . . Amendment of TransportOperations(MarineSafety)Act1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (What is the system that is established). . . . Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43A General obligation on managing pilotage entity to provide piloted movement of ships safely. . . . . . . . . . Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71A Who is the responsible pilotage entity for a compulsory pilotage area . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88A Direction to managing pilotage entity about pilotage services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 101 (Immunity for pilots and general employers) Amendment of s 102A (Restriction on conduct of ship by pilot) . . 18 18 18 20 21 21 22 22 23 23 23 24 24 25 25 27 27 28 29 29 29 30 30 30 30 30 31 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Contents 23 Part 5 24 25 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement) Act 1995 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 77 (Restricted written release of person’s prescribed authority and traffic history information) . . . . . . . . . . . 31 32 32 2013 Act No. 40 Page 3

Queensland Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Act No. 40 of 2013 An Act to amend the Maritime Safety Queensland Act 2002, the TransportInfrastructure Act 1994, the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Road Use Management) Act 1995 for particular purposes [Assented to 23 September 2013]

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 . 2 Commencement This Act, other than part 5, commences on a day to be fixed by proclamation . Part 2 Amendment of Maritime Safety Queensland Act 2002 3 Act amended This part amends the Maritime Safety Queensland Act 2002. 4 Amendment of s 4 (Purpose of Act) (1) Section 4, heading, ‘Purpose’— omit, insert— Purposes (2) Section 4, ‘The purpose’— omit, insert— The main purpose (3) Section 4— Page 6 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 5] insert— (2) This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas. 5 Amendment of s 8 (Functions and powers of MSQ) (1) Section 8(1)(e)— renumber as section 8(1)(f). (2) Section 8(1)— insert— (e) to monitor and manage— (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services; (3) Section 8— insert— (3) In this section— responsible pilotage entity , for a compulsory pilotage area, does not include MSQ. 6 Amendment of s 12 (Employees) (1) Section 12(1)(a) and (2), ‘marine’— omit. (2) Section 12(2), from ‘satisfied’— omit, insert— 2013 Act No. 40 Page 7

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 7] satisfied the individual is licensed under TOMSA as a pilot. 7 Amendment of s 12A (Preservation of rights of particular public service officers) Section 12A(1)(a), ‘marine’— omit . 8 Amendment of s 12B (Tenure as public service officer on ending of particular employment contracts) Section 12B(1)(a), ‘marine’— omit . 9 Insertion of new pt 2A After section 12B— insert — Part 2A Transfer of pilotage services Division 1 Preliminary Page 8 12C Definitions for pt 2A In this part— asset includes a right. Gladstone port authority means Gladstone Ports Corporation Limited ACN 131 965 896. Gladstone ports entity means— (a) if, before the transfer day, Gladstone port authority entered into a written agreement with a subsidiary of Gladstone port 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] authority for the subsidiary to provide pilotage services and the general manager approves the agreement—the subsidiary; or (b) otherwise—Gladstone port authority. new employer , of a transferred employee, see section 12D. pilot transfer crew member means a person— (a) who, immediately before the transfer day, was an employee of the State; and (b) to whom the Maritime Safety Queensland Gladstone Pilot Transfer Crew Certified Agreement 2009–2012 applied immediately before the transfer day. transfer day means the day this part commences. transfer notice see section 12F. transferred administration employee means a person who— (a) immediately before the transfer day was an employee of the State and employed under the Public Service Act 2008 ; and (b) was offered by a port authority or Gladstone ports entity (each a receiving entity ) a transfer of employment from the State to the receiving entity, and for the employment to start on the transfer day; and (c) accepted the receiving entity’s offer before the transfer day. transferred employee means any of the following— (a) a pilot transfer crew member; (b) a transferred administration employee; (c) a transferred pilot. 2013 Act No. 40 Page 9

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] transferred pilot means a person who— (a) immediately before the transfer day was an employee of the State and based in the department’s regional office in Cairns, Gladstone, Mackay or Townsville; and (b) was employed under section 12(1)(a) as a pilot. transferred pilotage area see section 12E. Page 10 12D Who is the new employer of a transferred employee The new employer of a transferred employee is— (a) for a transferred employee who is a transferred pilot— (i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or (ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or (iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or (iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] transfer day—Port of Townsville Limited; or (b) for a transferred employee who is a pilot transfer crew member—Gladstone ports entity; or (c) for a transferred employee who is a transferred administration employee—the port authority or Gladstone ports entity that offered the employee transfer of employment. 12E What is a transferred pilotage area (1) A transferred pilotage area is a compulsory pilotage area, other than the following— (a) Brisbane pilotage area; (b) Southport pilotage area. (2) In this section— Brisbane pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. Southport pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. Division 2 Transfer of assets and liabilities, etc. 12F Transfer notice (1) For the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following— 2013 Act No. 40 Page 11

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (a) transfer an asset or a liability of the State to a port authority; (b) make provision about the consideration for an asset or a liability transferred under paragraph (a); (c) transfer a lease, easement or other right from the State to a port authority; (d) vary or extinguish a lease, easement or other right held by the State; (e) provide whether and, if so, the extent to which a port authority is the successor in law of the State; (f) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority; (g) make provision for or about the issue, transfer or application of an instrument to a port authority; (h) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service. (2) A transfer notice may include conditions applying to something done or to be done under the notice. (3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— (a) signed by the Minister; and Page 12 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice. (5) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (6) If a transfer notice makes provision for a matter under subsection (1)(g) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— (a) updating a register or other record; and (b) amending, cancelling or issuing an instrument. (7) In this section— port authority includes Gladstone ports entity. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. Division 3 Transfer of employees and contracts 12G Matters for transfer of transferred employees (1) On the transfer day— (a) a transferred employee ceases to be an employee of the State; and (b) a transferred employee becomes an employee of the new employer for the transferred employee; and 2013 Act No. 40 Page 13

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (c) for a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and Example of a condition of employment — employment on a part-time or full-time basis (d) the State’s records for a transferred employee become records of the new employer for the transferred employee; and (e) the State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee. (2) In this section— records means the records of the State that have been identified by the general manager before the transfer day as records about the employment of a transferred employee who is to be transferred to the new employer for the transferred employee. Page 14 12H Preservation of rights of transferred employees (1) The transfer of a transferred employee to the new employer for the transferred employee does not— (a) subject to subsection (2), affect the employee’s total remuneration; or (b) prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or (c) interrupt continuity of service, except that the employee is not entitled to claim the 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] benefit of a right or entitlement more than once in relation to the same period of service; or (d) subject to subsection (3)— (i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or (ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or (e) require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee. (2) A transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer. (3) Subsection (1)(d) applies to a transferred pilot subject to the Fair Work Act. (4) Subsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member. (5) Subject to the FairWorkAct, an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day. (6) In this section— industrial instrument includes a federal industrial instrument under the IndustrialRelations Act 1999 . 2013 Act No. 40 Page 15

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] 12I Contracts relating to transferred pilots (1) This section applies to a contract entered into by the State relating or incidental to the employment of a transferred pilot that was in force immediately before the transfer day. Example — a contract for a mobile phone or lease of a vehicle that is part of a transferred pilot’s salary package provided by the State (2) On the transfer day, to the extent the contract applies to the transferred pilot— (a) the new employer for the transferred pilot takes the place of the State as a party to the contract; and (b) the contract may be enforced by or against the new employer. (3) Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the new employer for the transferred pilot of the rights and obligations under a contract to which this section applies. (4) In this section— contract , for a contract that only partly relates to a transferred pilot, means that part of the contract relating to the transferred pilot. Page 16 12J Pilotage service contracts (1) This section applies to a contract for services, entered into by the State for the supply of a pilotage service or pilotage services in 1 or more transferred pilotage areas, that was in force immediately before the transfer day. (2) On the transfer day, to the extent the contract applies to a transferred pilotage area— 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] 2013 Act No. 40 (a) the pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and (b) the contract may be enforced by or against the pilotage entity. (3) Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the pilotage entity for each of the transferred pilotage areas of the rights and obligations under a contract to which this section applies. (4) In this section— Bundaberg pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. contract , for a contract that only partly relates to a pilotage service, means the part of the contract relating to the pilotage service. Gladstone pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. pilotage entity , for a transferred pilotage area, means— (a) for a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or (b) for a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or (c) otherwise—the responsible pilotage entity for the transferred pilotage area. Page 17

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] Rockhampton pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. Division 4 Other matters for transferring pilotage services 12K Non-liability for duty No duty under the DutiesAct2001 is payable in relation to anything done under a transfer notice. 12L Disposal of public records (1) This section applies if— (a) a thing is done under a transfer notice or section 12G; and (b) the thing is, or involves, a disposal of a public record under the Public Records Act2002 . (2) To remove any doubt, it is declared that, for the purpose of section 13 of that Act, the public record is disposed of under legal authority, justification or excuse. 12M Application of instruments (1) This section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State. (2) Without limiting the application of the transfer notice or the section to the instrument— Page 18 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] 2013 Act No. 40 (a) any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and (b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and (c) the port authority is taken to be a party to the instrument in place of the State; and (d) a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and (e) if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and (f) if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and (g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State. Page 19

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (3) In this section— port authority includes Gladstone ports entity. Page 20 12N Registering authority to note transfer or other dealing (1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— (a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and (b) must, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority. (2) A transaction, related to an asset or liability transferred to a transferee port authority, entered into by the transferee port authority in the name of the State or the name of a predecessor in title to the State, if effected by an instrument otherwise in registrable form, must be registered even though the transferee port authority has not been registered as proprietor of the asset or liability. (3) If an asset or liability is registered in the name of the State, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice. (4) In this section— port authority includes Gladstone ports entity. 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] transferee port authority means the port authority to which an asset or liability is transferred under a transfer notice. 12O Part applies despite other laws and instruments Subject to the FairWorkAct, a thing may be done under this part despite any other law or instrument. 12P Effect on legal relationships (1) Nothing done under this part— (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or 2013 Act No. 40 Page 21

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 9] (iv) requires any money to be paid before its stated maturity; or (d) releases a surety or other obligee, wholly or partly, from an obligation. (2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. (3) If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given. (4) In this section— relevant entity means— (a) the State or an employee or agent of the State; or (b) a port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity. 12Q Things done under this part To remove any doubt, it is declared that a thing is taken to be done under this part if it is done by, or in compliance with, a transfer notice, even if the thing includes taking steps under another Act. Page 22 12R Severability (1) Subsection (2) applies if a provision of this part or a transfer notice is held by a court or judge to be beyond power, invalid or unenforceable. (2) The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 10] remaining provisions of the part or transfer notice that continue to have effect. (3) This section does not affect the operation of the ActsInterpretationAct1954 , section 9 in any way. 10 Amendment of s 13 (Fund) (1) Section 13(6) and (7)— renumber as section 13(7) and (8) . (2) Section 13— insert— (6) Without limiting subsection (5), an amount may be paid from the fund to the responsible pilotage entity for a compulsory pilotage area for providing, or arranging for the provision of, a pilotage service in the pilotage area. 11 Amendment of s 18 (Recording MSQ’s changed name in register) Section 18(2)— omit . 12 Insertion of new pt 5, div 3 Part 5— insert — 2013 Act No. 40 Page 23

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 12] Division 3 Transitional provisions for Transport Legislation (Port Pilotage) Amendment Act 2013 19 Immunity for general employers (1) This section applies to a transferred pilot who is— (a) a conducting pilot under TOMSA, section 101 if the conducting pilot— (i) is acting in the supply of a pilotage service in a transferred pilotage area; and (ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or (b) a supervising pilot, under section 101 of that Act, of the conducting pilot. (2) Despite TOMSA, section 101(5), definition general employer , the general employer of the transferred pilot for section 101 of that Act is both— (a) MSQ; and (b) the new employer of the transferred pilot. (3) Subsection (2) applies while the conducting pilot has the conduct of a ship as its pilot. 20 Licences of transferred pilots not affected by transfer of pilotage services To remove any doubt, it is declared that a transferred pilot’s licence to have the conduct of a ship as its pilot, in force immediately before the transfer day, continues Page 24 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 13] in force from the transfer day as if part 2A had not commenced. 21 References to the State or MSQ in documents (1) A reference to the State or MSQ in a document about a transferred employee may, if the context permits, be taken to be a reference to the new employer for the transferred employee. (2) A reference to the State or MSQ in a document relating to the transfer of a pilotage service from MSQ to a port authority may, if the context permits, be taken to be a reference to the port authority. (3) In this section— port authority includes Gladstone ports entity. 13 Amendment of sch 2 (Dictionary) Schedule 2— insert — Abbot Point pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. asset , for part 2A, see section 12C. compulsory pilotage area see TOMSA. FairWorkAct means the Fair Work Act 2009 (Cwlth). Gladstone port authority , for part 2A, see section 12C. Gladstone ports entity see section 12C. instrument means a document of any type or an oral agreement. 2013 Act No. 40 Page 25

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 13] Page 26 new employer , of a transferred employee, see section 12D. pilot see TOMSA. pilot transfer crew member , for part 2A, see section 12C. port authority means a port authority under the Transport Infrastructure Act 1994 . Port of Townsville Limited means Port of Townsville Limited ACN 130 077 673. record includes any document. registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land. responsible pilotage entity , for a compulsory pilotage area, see TOMSA , section 71A. right includes power, privilege and immunity. subsidiary see the GovernmentOwnedCorporations Act 1993 , section 2. TOMSA means the TransportOperations(Marine Safety) Act 1994 . transfer , of pilotage services— 1 The transfer of pilotage services is— (a) the transfer from MSQ to a port authority of the function of providing, or arranging for the provision of, pilotage services in a transferred pilotage area other than the Abbot Point pilotage area (the relevant area ); or (b) the transfer, in relation to the supply of pilotage services by Port of Townsville Limited in the Abbot Point pilotage area, of an asset, liability, instrument or 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] employee of the State to Port of Townsville Limited. 2 For paragraph 1(a), the transfer includes the transfer in relation to pilotage services in the relevant area of an asset, liability, instrument or employee of the State to a port authority or Gladstone ports entity. transfer day see section 12C. transfer notice , for part 2A, see section 12F. transferred administration employee , for part 2A, see section 12C. transferred employee see section 12C. transferred pilot see section 12C. transferred pilotage area see section 12E. Part 3 Amendment of Transport Infrastructure Act 1994 14 Act amended This part amends the Transport Infrastructure Act 1994. 15 Amendment of s 276 (Port services function) (1) Section 276— insert— (2A) However, subsection (2) does not apply to the function of providing port services to the extent the port services are pilotage services and arranging for the provision of pilotage services. (2) Section 276(3)— 2013 Act No. 40 Page 27

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 16] insert— compulsory pilotage area see TOMSA. pilotage services see the MaritimeSafetyQueensland Act 2002. responsible pilotage entity , for a compulsory pilotage area, see TOMSA , section 71A. (3) Section 276(3), definition port services , paragraphs (b) to (d)— renumber as paragraphs (c) to (e) . (4) Section 276(3), definition port services — insert— (b) pilotage services, or arranging for the provision of pilotage services, in the compulsory pilotage area for which the port authority is the responsible pilotage entity; (5) Section 276(3), definition port services , paragraph (e), as renumbered, ‘paragraphs (a) to (c)’— omit, insert— paragraphs (a) to (d) (6) Section 276(2A) and (3)— renumber as section 276(3) and (4). Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 16 Act amended This part amends the TransportOperations(MarineSafety)Act1994. Page 28 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 17] 17 Amendment of s 30 (What is the system that is established) Section 30(1), after the fifth dot point— insert — • managing pilotage entities for compulsory pilotage areas 18 Insertion of new s 43A After section 43— insert — 43A General obligation on managing pilotage entity to provide piloted movement of ships safely (1) A managing pilotage entity for a compulsory pilotage area must not provide for the piloted movement of ships in the pilotage area in an unsafe way. Maximum penalty—500 penalty units or imprisonment for 1 year. (2) Without limiting subsection (1), a managing pilotage entity causes the piloted movement of ships to be provided in an unsafe way if— (a) the managing pilotage entity employs an individual as a pilot; and (b) the individual is not appropriately licensed. (3) However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the managing pilotage entity commits an indictable offence and is liable to a maximum penalty of 5000 penalty units or imprisonment for 2 years. 2013 Act No. 40 Page 29

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 19] 19 Insertion of new s 71A After section 71— insert — 71A Who is the responsible pilotage entity for a compulsory pilotage area (1) The responsible pilotage entity for a compulsory pilotage area is the entity prescribed under a regulation as the responsible pilotage entity for the pilotage area. (2) A responsible pilotage entity has the function of providing, or arranging for the provision of, pilotage services in its compulsory pilotage area. 20 Insertion of new s 88A After section 88— insert — 88A Direction to managing pilotage entity about pilotage services (1) A harbour master may direct a managing pilotage entity for a compulsory pilotage area to provide, or arrange for the provision of, pilotage services in the pilotage area in a specified way. (2) The managing pilotage entity must not contravene a direction under subsection (1), unless the managing pilotage entity has a reasonable excuse for the contravention. Maximum penalty for subsection (2)—200 penalty units. 21 Amendment of s 101 (Immunity for pilots and general employers) Section 101(5), definition general employer — omit, insert — Page 30 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 22] general employer , of a conducting pilot or supervising pilot, means— (a) the responsible pilotage entity for the compulsory pilotage area in which the pilot is acting to supply pilotage services; or (b) if the responsible pilotage entity for a compulsory pilotage area has entered into a written agreement with another entity for the other entity to supply pilotage services in the pilotage area and the pilot is acting in the supply of the services—each party to the agreement. 22 Amendment of s 102A (Restriction on conduct of ship by pilot) (1) Section 102A(1) and (2), after ‘its pilot’— insert— in a compulsory pilotage area (2) Section 102A(1) and (2), ‘MSQ’— omit, insert— the responsible pilotage entity for the compulsory pilotage area (3) Section 102A(1)(b)(ii) and (2)(b)(ii), ‘person’— omit, insert— entity 23 Amendment of schedule (Dictionary) Schedule— insert — managing pilotage entity , for a compulsory pilotage area, means— 2013 Act No. 40 Page 31

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 5 Amendment of Transport Operations (Road Use Management) Act 1995 [s 24] (a) the responsible pilotage entity for the pilotage area; or (b) if the responsible pilotage entity for the pilotage area has entered into a written agreement with another entity for the other entity to supply pilotage services in the pilotage area—each party to the agreement. pilotage services see the MaritimeSafetyQueensland Act 2002 . responsible pilotage entity , for a compulsory pilotage area, see section 71A. Part 5 Amendment of Transport Operations (Road Use Management) Act 1995 24 Act amended This part amends the TransportOperations(RoadUseManagement) Act 1995 . 25 Amendment of s 77 (Restricted written release of person’s prescribed authority and traffic history information) (1) Section 77, heading, after ‘written’— insert— or electronic (2) Section 77(1), after ‘writing’— insert— or electronically (3) Section 77(3), ‘or entity’— Page 32 2013 Act No. 40

Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013 Part 5 Amendment of Transport Operations (Road Use Management) Act 1995 [s 25] omit. (4) Section 77(3) ‘or (d)’— omit. (5) Section 77— insert— (3A) Before releasing information to an entity under subsection (1)(d), the chief executive must be satisfied any release of the information by the entity will be limited to— (a) circumstances similar to those mentioned in subsection (1); or (b) a release of information, about a Queensland driver licence, for use in the document verification service. (6) Section 77— insert— (6) In this section— document verification service means the service, administered by the Commonwealth, by which documents used by persons as evidence of those persons’ identities are verified. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 40 Page 33