Transport (Water) Laws Validation Act 1980 (Qld)

779 Q1=1151all^ ANNO VICESIMO NONO ELIZABETHAE SE C UNDAE RE GIN AE No. 40' of 1980 An Act to validate the operation of certain laws relating to the carriage of passengers , or goods, or . both passengers and goods , by water and to amend the State TransportAct 1960-1972 in certain particulars [ASSENTED To 7TH AUGUST . 19801

780 Transport (Water ) Laws Validation Act 1980, No. 45 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice ynnd consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Transport (I4•ater) Laws Validation Act 1980. 2. Commencement of Act. (1) This Act shall not come into operation until Her Majesty' s pleasure hereon has been publicly signified in the State. (2) Subject to subsection ( 1), this Act shall come into operation on a date to be appointed by Proclamation. 3. Arrangement of Act. This Act is divided into Parts as follows:-- PART [-PRELIMINARY; PART II-VALIDATION; PART III-AMENDMENTS OF THE STATE TRANSPORT ACT 1960-1972. PART 11-VALIDATION 4. Validation . It is hereby declared that from the date of passing of this Act each of the following Acts is a good and valid law to the intent that the provisions thereof shall apply and have effect in relation to carriage of passengers . or goods , or both passengers and goods , by water. save where in the case of a particular enactment a contrary intention appears from its express provisions:- Number of Act Short title 48 of 1960 61 of 1965 63 of 1965 31 of 1972 The State Transport Act of 1960 The Decimal Currenc•r Act of 1965 The State Transport Act Amendment Act of 1965 Metric Conversion Act 1972 PART III-AMENDMENTS OF THE STATE TRANSPORT ACT 1960-1972 5. Short title and citation . (I) The State Transport Act 1960-1972 is in this Part referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the State Transport Act1960-1980.

Transport (Water) Laws Validation Act 1980, No. 45 781 6. Amendment of s. 5. Section 5 of the Principal Act is amended by, in subsection (1)- (a) inserting immediately before the definition " Ambulance " the following definition- Air cushion vehicle "-A vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;"; (b) inserting after the definition "Caravan trailer " the following definition- Coastal waters of this State "-Coastal waters of the State as defined in the Schedule to the Constitutional Powers (CoastalWaters) Act1980;"; (c) in the definition " Vehicle ", omitting the words '` tram or train." and substituting the words " tram or train;"; (d) inserting after the definition "Vehicle " the following definition- Vessel "-Any vehicle being any ship. boat, punt, ferry. air cushion vehicle and every other kind of vessel used or apparently designed for use in navigation whatever may be its motive power.". 7. Amendment of s. 56. Section 56 of the Principal Act is amended by, in the first paragraph, inserting after the word '` license " the words or permit "; 8. Amendment of s. 57. Section 57 of the Principal Act is amended by, in the first paragraph- (a) in subparagraph (a), inserting after the word " license " the words •' or permit "; (b) in subparagraph (b), inserting after the word " licensed " the words " or permitted ". 9. Amendment of s. 60. Section 60 of the Principal Act is amended by in the second paragraph omitting the words " one hundred pounds " and substituting the expression " S500 ". 10. Repeal of and new Division IV of Part VIII. The Principal Act is amended by repealing Division IV. of Part VIII and substituting the following Division:- " Division IV-Licenses and Permits 61. Application of Act. (1) With respect to licenses under this Part the Commissioner shall have and may exercise the powers and authorities conferred upon him by Part IV. and the provisions of that Part shall, subject to this section and with and subject to all necessary modifications,. apply and extend accordingly.

782 Transport (Water) Laws Validation Act 1980, No. 45 (2) With respect to permits under this Part the Commissioner shall have and may exercise the powers and authorities conferred upon him by Part V. and the provisions of that Part shall, subject to this section and with and subject to all necessary modifications, apply and extend accordingly. (3) The license or permit fee in respect of any license or permit under this Part shall, in the discretion of the Commissioner, be- (a) an amount fixed by the Commissioner; (b) the sum of the amounts fixed by the Commissioner for each vessel or, as the case may be, aircraft used for the purpose of providing and carrying on the licensed or permitted service; (c) an amount per centum as fixed by the Commissioner from the gross revenue derived from the licensed or permitted service, but shall not in any event exceed 20 per centum of the gross revenue derived from the licensed or permitted service.". 11. New Division V of Part VIII. The Principal Act is amended by inserting after section 61 the following heading and section:- " Division V-Regulations 61A. Regulations for water transport . The power conferred on the Governor in Council by this Act to make regulations includes power to make such regulations as in his opinion are necessary or convenient to be prescribed in relation to the carriage of passengers, or goods, or both passengers and goods, by water.". 12. Further amendments . The Principal Act is further amended in the manner and to the extent set forth in the Schedule. SCHEDULE [s. 12] Section Extent of Amendment In section 3 In section 5 (1), in the definition- " Load capacity " " Motor vehicle " " Overhang " . . " Passenger license " service Omit the words " Division IV.-Licensing, s. 61;" and substitute the following words:- Division I V -Licenses and Permits, s. 61; Division V-Regulations, s. 61A;"; Insert after the words "-In relation to a" the word " motor "; Insert after the words "Any vehicle " the words " used on a road and "; Insert after the words " That portion of a " the word " motor "; Insert after the word "road " the words " or water ";

Transport (Water) Laws Validation Act 1980, No. 45 SCHEDULE-continued Section Extent of Amendment 783 " Percentage overhang " Permit " " Tare " " Total weight " " Tractor " or " Traction engine " " Trailer " . . In section 62 In section 68- in subsection (1) (a) in subsection (2) (a) .. Insert after the words " wheel base of a " the word " motor " Insert after the words " under Part V." the words " or Part VIII.": Insert after the words " The weight of the the word " motor ": Insert after the words " The weight of the the word motor ": Insert after the words "A power-driven the word " motor " Omit the word " another " and substitute the words " a motor "; Insert after the word " vehicle " where firstly occurring the words " upon any road "; Insert after the word " road " the words " or water " ; Insert after the word " road " the words or water ".