Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 365 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) AMENDMENT REGULATION (No. 2) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of s 18 (Safety equipment for personal watercraft) . . . . . . . . . 2 18 Safety equipment for recreational ship that is a personal watercraft . 2 4 Amendment of s 20 (Declaration applying Act, s 44 to certain equipment) . 2 5 Insertion of new pt 2, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 7—Producing safety equipment for inspection 21A Producing safety equipment for inspection . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 72 (Approval of entity to conduct examinations) . . . . . . . 3 7 Amendment of s 73 (Approval of entity to provide training) . . . . . . . . . . . . 3 8 Amendment of sch 6B (Compulsory pilotage areas) . . . . . . . . . . . . . . . . . . 3 9 Amendment of sch 11 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

s1 2 s4 Transport Operations (Marine Safety) Amendment No. 365, 2002 Regulation (No. 2) 2002 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2002 . 2 Regulation amended This regulation amends the TransportOperations(MarineSafety)Regulation 1995. 3 Replacement of s 18 (Safety equipment for personal watercraft) Section 18— omit, insert— ‘18 Safety equipment for recreational ship that is a personal watercraft ‘ (1) A recreational ship that is a personal watercraft must be equipped with a PFD for the operator of, and each passenger on, the watercraft. ‘ (2) The watercraft is taken not to be equipped with the PFD if the PFD is not being worn by the operator of, and each passenger on, the watercraft. ‘ (3) In this section— “PFD” means— (a) if the watercraft is operating in smooth waters—a PFD type 2 or 3; or (b) if the watercraft is operating in partially smooth waters or beyond—a PFD type 2.’. 4 Amendment of s 20 (Declaration applying Act, s 44 to certain equipment) Section 20, ‘and 16’— omit, insert— ‘, 16 and 18’.

s5 3 s9 Transport Operations (Marine Safety) Amendment No. 365, 2002 Regulation (No. 2) 2002 5 Insertion of new pt 2, div 7 Part 2— insert— ‘Division 7—Producing safety equipment for inspection ‘21A Producing safety equipment for inspection ‘ (1) A shipping inspector may require the master of a ship to produce to the inspector each item of safety equipment that the ship is required to be equipped with. ‘ (2) A failure by the master to produce an item of the safety equipment is evidence that the ship is not equipped with the item of safety equipment.’. 6 Amendment of s 72 (Approval of entity to conduct examinations) Section 72(5)— omit. 7 Amendment of s 73 (Approval of entity to provide training) Section 73(3)— omit. 8 Amendment of sch 6B (Compulsory pilotage areas) Schedule 6B, entry for ‘Part of the Cape Flattery pilotage area’, paragraph (a), ‘144°22.51'’— omit, insert— ‘145°22.51'’. 9 Amendment of sch 11 (Dictionary) Schedule 11, definition “fishing ship” — omit, insert— ‘ “fishing ship” means—

s9 4 s9 Transport Operations (Marine Safety) Amendment No. 365, 2002 Regulation (No. 2) 2002 (a) a ship operated and licensed as a primary commercial fishing boat or tender commercial fishing boat under the Fisheries Regulation 1995 ; or (b) a ship authorised under an authority under the Fisheries Act 1994 for fishing or aquaculture purposes; or (c) a ship that is a boat for which a licence has been granted under the Fisheries Management Act 1991 (Cwlth) or the Torres Strait Fisheries Act 1984 (Cwlth); or (d) a tender to a ship mentioned in paragraph (a), (b) or (c).’. ENDNOTES 1. Made by the Governor in Council on 19 December 2002. 2. Notified in the gazette on 20 December 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2002