Transport Operations (Marine Safety—Recreational Ship Approvals) Interim Standard 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 383 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY—RECREATIONAL SHIP APPROVALS) INTERIM STANDARD 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Qualification to conduct examinations—regulation, s 72(1) . . . . . . . . . . . . 2 3 Qualification to provide training—regulation, s 73(1) . . . . . . . . . . . . . . . . . 3 4 Suitability for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Holding both approvals not permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s2 Transport Operations (Marine No. 383, 1996 Safety—Recreational Ship Approvals) Interim ˙ Short title 1. This standard may be cited as the Transport Operations (Marine Safety—Recreational Ship Approvals) Interim Standard 1996 . ˙ Qualification to conduct examinations—regulation, s 72(1) 2.(1) To qualify to conduct examinations for licences to operate a recreational ship as its master, the chief executive must be satisfied an applicant— (a) holds a current appropriate licence to operate a recreational ship as its master; and 1 (b) has a reasonable knowledge of— (i) the Act, the regulation and other standards made under the Act; and (ii) the Collision Regulations; and (c) is reasonably competent in seafaring skills and safe operating practices for recreational ships; and (d) has— (i) at least 3 years practical experience in operating a recreational ship as its master; or (ii) other appropriate expertise acceptable to the chief executive; and (e) is competent to conduct the examinations; and (f) is suitable for approval to conduct examinations for licences. (2) If the applicant is a corporation or unincorporated body, the chief executive must discharge the responsibility under subsection (1) by— (a) applying subsection (1)(e) and (f) to the applicant; and (b) applying subsection (1)(a) to (f) to an agent nominated by the applicant, as if the agent were the applicant. 1 As to what is the appropriate licence, see section 63 of the regulation.

s3 3 s4 Transport Operations (Marine No. 383, 1996 Safety—Recreational Ship Approvals) Interim ˙ Qualification to provide training—regulation, s 73(1) 3.(1) To qualify to conduct training programs in the operation of recreational ships, the chief executive must be satisfied an applicant— (a) holds a current appropriate licence to operate a commercial ship as its master; and 2 (b) has a reasonable knowledge of— (i) the Act, the regulation and other standards made under the Act; and (ii) the Collision Regulations; and (c) is reasonably competent in seafaring skills and safe operating practices for recreational ships; and (d) has— (i) at least 3 years practical experience in operating a recreational ship; or (ii) other appropriate expertise acceptable to the chief executive; and (e) is competent to conduct the training programs; and (f) is suitable for approval to conduct the training programs. (2) If the applicant is a corporation or unincorporated body, the chief executive must discharge the responsibility under subsection (1) by— (a) applying subsection (1)(e) and (f) to the applicant; and (b) applying subsection (1)(a) to (f) to an agent nominated by the applicant, as if the agent were the applicant. ˙ Suitability for approval 4.(1) An applicant is not suitable for approval if— 2 As to what is the appropriate licence, see section 58 of the regulation.

s5 4 s6 Transport Operations (Marine No. 383, 1996 Safety—Recreational Ship Approvals) Interim (a) the applicant has been convicted of an indictable offence in the last 5 years; or (b) the applicant has, in the last 5 years, had a licence to operate ships suspended or cancelled; or (c) for an approval under section 73 of the regulation—the applicant is an undischarged bankrupt. (2) In deciding whether an applicant is suitable for approval, the chief executive must consider whether the applicant has— (a) paid a penalty, for an offence under the Act or regulation, under an infringement notice within the meaning of the Justices Act1886 , part 4A in the last 2 years; or (b) been convicted of an offence under the Act or regulation in the last 5 years. ˙ Holding both approvals not permitted 5. An entity can not hold an approval under section 72 of the regulation at the same time as it holds an approval under section 73 of the regulation. ˙ Expiry 6. This standard expires 6 months after it commences. ENDNOTES 1. Made by the chief executive on 27 November 1996. 2. Approved by the Governor in Council on 12 December 1996. 3. Notified in the gazette on 13 December 1996. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Transport. © State of Queensland 1996