{"id":"qld:act-2024-020","name":"Marine Rescue Queensland Act 2024","slug":"marine-rescue-queensland-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"20 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29539,"registerId":"qld-act-2024-020-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Marine Rescue Queensland Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to establish Marine Rescue Queensland to provide—\na marine rescue service in the State; and\nother maritime services to government entities and the community.\n(sec.3-ssec) The main purpose of this Act is to establish Marine Rescue Queensland to provide— a marine rescue service in the State; and other maritime services to government entities and the community.\n- (a) a marine rescue service in the State; and\n- (b) other maritime services to government entities and the community.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Marine Rescue Queensland","content":"# Marine Rescue Queensland","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions, powers and membership","content":"## Establishment, functions, powers and membership","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment","content":"### sec.6 Establishment\n\nMarine Rescue Queensland ( MRQ ) is established.\n(sec.6-ssec) Marine Rescue Queensland ( MRQ ) is established.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions and powers","content":"### sec.7 Functions and powers\n\nMRQ has the following functions—\nto perform marine search and rescue operations;\nto provide marine assistance to persons or vessels in difficulty;\nto provide other marine assistance to any entity in the performance of its functions and to the community if the assistance is reasonably requested and another entity is not reasonably able to assist;\nto support other entities providing emergency services to help communities respond to and recover from an event or a disaster;\nto perform activities to raise the profile of MRQ, promote marine safety or raise funds to be used to support MRQ in the performance of its functions;\nto provide services or assistance by a member of MRQ if required under any Act or law or the reasonable expectations of the community;\nto perform any other function given to MRQ under this or another Act.\nMRQ has power to do anything necessary or convenient to be done for the performance of MRQ’s functions.\n(sec.7-ssec.1) MRQ has the following functions— to perform marine search and rescue operations; to provide marine assistance to persons or vessels in difficulty; to provide other marine assistance to any entity in the performance of its functions and to the community if the assistance is reasonably requested and another entity is not reasonably able to assist; to support other entities providing emergency services to help communities respond to and recover from an event or a disaster; to perform activities to raise the profile of MRQ, promote marine safety or raise funds to be used to support MRQ in the performance of its functions; to provide services or assistance by a member of MRQ if required under any Act or law or the reasonable expectations of the community; to perform any other function given to MRQ under this or another Act.\n(sec.7-ssec.2) MRQ has power to do anything necessary or convenient to be done for the performance of MRQ’s functions.\n- (a) to perform marine search and rescue operations;\n- (b) to provide marine assistance to persons or vessels in difficulty;\n- (c) to provide other marine assistance to any entity in the performance of its functions and to the community if the assistance is reasonably requested and another entity is not reasonably able to assist;\n- (d) to support other entities providing emergency services to help communities respond to and recover from an event or a disaster;\n- (e) to perform activities to raise the profile of MRQ, promote marine safety or raise funds to be used to support MRQ in the performance of its functions;\n- (f) to provide services or assistance by a member of MRQ if required under any Act or law or the reasonable expectations of the community;\n- (g) to perform any other function given to MRQ under this or another Act.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Membership","content":"### sec.8 Membership\n\nMRQ consists of the following persons—\nthe MRQ chief officer;\nMRQ employees;\nMRQ volunteers.\nA person mentioned in subsection (1) (a) , (b) or (c) is an MRQ member .\n(sec.8-ssec.1) MRQ consists of the following persons— the MRQ chief officer; MRQ employees; MRQ volunteers.\n(sec.8-ssec.2) A person mentioned in subsection (1) (a) , (b) or (c) is an MRQ member .\n- (a) the MRQ chief officer;\n- (b) MRQ employees;\n- (c) MRQ volunteers.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions of commissioner","content":"## Functions of commissioner","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions","content":"### sec.9 Functions\n\nThe commissioner’s functions relating to MRQ are—\nthe establishment of MRQ units and the designation of areas for MRQ units; and\nthe appointment of persons as MRQ chief officer, MRQ unit commanders, MRQ coordinators and other MRQ members; and\nthe giving of directions and guidance to the MRQ chief officer, MRQ unit commanders, MRQ coordinators and other MRQ members; and\nthe performance of any other function relating to MRQ that is given to the commissioner under this or another Act.\n(sec.9-ssec) The commissioner’s functions relating to MRQ are— the establishment of MRQ units and the designation of areas for MRQ units; and the appointment of persons as MRQ chief officer, MRQ unit commanders, MRQ coordinators and other MRQ members; and the giving of directions and guidance to the MRQ chief officer, MRQ unit commanders, MRQ coordinators and other MRQ members; and the performance of any other function relating to MRQ that is given to the commissioner under this or another Act.\n- (a) the establishment of MRQ units and the designation of areas for MRQ units; and\n- (b) the appointment of persons as MRQ chief officer, MRQ unit commanders, MRQ coordinators and other MRQ members; and\n- (c) the giving of directions and guidance to the MRQ chief officer, MRQ unit commanders, MRQ coordinators and other MRQ members; and\n- (d) the performance of any other function relating to MRQ that is given to the commissioner under this or another Act.","sortOrder":12},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"MRQ members","content":"## MRQ members","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Appointment of MRQ chief officer","content":"### sec.10 Appointment of MRQ chief officer\n\nThere is to be an MRQ chief officer for MRQ.\nThe commissioner may appoint a person to be the MRQ chief officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of the MRQ chief officer effectively and efficiently.\nThe MRQ chief officer is to be employed under the Public Sector Act 2022 .\n(sec.10-ssec.1) There is to be an MRQ chief officer for MRQ.\n(sec.10-ssec.2) The commissioner may appoint a person to be the MRQ chief officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of the MRQ chief officer effectively and efficiently.\n(sec.10-ssec.3) The MRQ chief officer is to be employed under the Public Sector Act 2022 .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions and powers","content":"### sec.11 Functions and powers\n\nThe MRQ chief officer has the following functions—\nto manage MRQ in a way that ensures MRQ operates effectively and efficiently;\nto comply with any direction given by the commissioner that is relevant to—\nthe functions of the MRQ chief officer or MRQ; or\nMRQ members;\nto perform any other function relating to MRQ given to the MRQ chief officer under this or another Act.\nThe MRQ chief officer has power to do anything necessary or convenient to be done for the performance of the MRQ chief officer’s functions.\n(sec.11-ssec.1) The MRQ chief officer has the following functions— to manage MRQ in a way that ensures MRQ operates effectively and efficiently; to comply with any direction given by the commissioner that is relevant to— the functions of the MRQ chief officer or MRQ; or MRQ members; to perform any other function relating to MRQ given to the MRQ chief officer under this or another Act.\n(sec.11-ssec.2) The MRQ chief officer has power to do anything necessary or convenient to be done for the performance of the MRQ chief officer’s functions.\n- (a) to manage MRQ in a way that ensures MRQ operates effectively and efficiently;\n- (b) to comply with any direction given by the commissioner that is relevant to— (i) the functions of the MRQ chief officer or MRQ; or (ii) MRQ members;\n- (i) the functions of the MRQ chief officer or MRQ; or\n- (ii) MRQ members;\n- (c) to perform any other function relating to MRQ given to the MRQ chief officer under this or another Act.\n- (i) the functions of the MRQ chief officer or MRQ; or\n- (ii) MRQ members;","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Acting MRQ chief officer","content":"### sec.12 Acting MRQ chief officer\n\nThe commissioner may appoint a person to act as the MRQ chief officer—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the MRQ chief officer is absent from duty or is, for another reason, unable to perform the duties of the office.\nA person can not be appointed to act as the MRQ chief officer unless the commissioner could have appointed the person as the MRQ chief officer under section 10 (2) .\n(sec.12-ssec.1) The commissioner may appoint a person to act as the MRQ chief officer— during a vacancy in the office; or during any period, or during all periods, when the MRQ chief officer is absent from duty or is, for another reason, unable to perform the duties of the office.\n(sec.12-ssec.2) A person can not be appointed to act as the MRQ chief officer unless the commissioner could have appointed the person as the MRQ chief officer under section 10 (2) .\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the MRQ chief officer is absent from duty or is, for another reason, unable to perform the duties of the office.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Delegations","content":"### sec.13 Delegations\n\nThe MRQ chief officer may delegate the MRQ chief officer’s functions and powers under this Act to another MRQ member who is appropriately qualified.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"MRQ employees and MRQ volunteers","content":"### sec.14 MRQ employees and MRQ volunteers\n\nThe commissioner may appoint the number of MRQ employees and MRQ volunteers as is necessary for the effective administration of this Act.\nMRQ employees are to be employed under the Public Sector Act 2022 .\n(sec.14-ssec.1) The commissioner may appoint the number of MRQ employees and MRQ volunteers as is necessary for the effective administration of this Act.\n(sec.14-ssec.2) MRQ employees are to be employed under the Public Sector Act 2022 .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Commissioner to insure MRQ volunteers","content":"### sec.15 Commissioner to insure MRQ volunteers\n\nThe commissioner must enter into a contract of insurance with WorkCover or another entity to insure MRQ volunteers.\nThe contract of insurance must cover an MRQ volunteer while the person is—\nperforming a function relating to MRQ in their capacity as an MRQ member; or\ninvolved in another activity, including training, related to the carrying out of a function of MRQ or disaster operations under the Disaster Management Act 2003 .\nIn this section—\nWorkCover means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 .\n(sec.15-ssec.1) The commissioner must enter into a contract of insurance with WorkCover or another entity to insure MRQ volunteers.\n(sec.15-ssec.2) The contract of insurance must cover an MRQ volunteer while the person is— performing a function relating to MRQ in their capacity as an MRQ member; or involved in another activity, including training, related to the carrying out of a function of MRQ or disaster operations under the Disaster Management Act 2003 .\n(sec.15-ssec.3) In this section— WorkCover means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) performing a function relating to MRQ in their capacity as an MRQ member; or\n- (b) involved in another activity, including training, related to the carrying out of a function of MRQ or disaster operations under the Disaster Management Act 2003 .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Suspension of MRQ volunteer","content":"### sec.16 Suspension of MRQ volunteer\n\nThe commissioner may, by notice to an MRQ volunteer, suspend the volunteer from duty if the commissioner reasonably believes—\nthe volunteer would, if the volunteer were an employee under the Public Sector Act 2022 , be liable to discipline under a disciplinary law within the meaning of that Act; or\nthe proper and efficient management of MRQ might be prejudiced if the volunteer is not suspended.\nHowever, before suspending the MRQ volunteer, the commissioner must consider all reasonable alternative actions available to the commissioner in relation to the volunteer.\nassigning alternative duties\nchanging the location where the MRQ volunteer performs duties\nmaking another alternative arrangement about how the MRQ volunteer may continue to participate in MRQ\nThe notice must state when the suspension starts and ends.\nThe commissioner may, by notice to the MRQ volunteer, extend or further extend the period of suspension before the period ends if the commissioner reasonably believes the circumstances mentioned in subsection (1) (a) or (b) still exist.\nThe commissioner must ensure the matter is investigated promptly to ensure the timely resolution of the suspension.\nThe commissioner may cancel the suspension at any time.\n(sec.16-ssec.1) The commissioner may, by notice to an MRQ volunteer, suspend the volunteer from duty if the commissioner reasonably believes— the volunteer would, if the volunteer were an employee under the Public Sector Act 2022 , be liable to discipline under a disciplinary law within the meaning of that Act; or the proper and efficient management of MRQ might be prejudiced if the volunteer is not suspended.\n(sec.16-ssec.2) However, before suspending the MRQ volunteer, the commissioner must consider all reasonable alternative actions available to the commissioner in relation to the volunteer. assigning alternative duties changing the location where the MRQ volunteer performs duties making another alternative arrangement about how the MRQ volunteer may continue to participate in MRQ\n(sec.16-ssec.3) The notice must state when the suspension starts and ends.\n(sec.16-ssec.4) The commissioner may, by notice to the MRQ volunteer, extend or further extend the period of suspension before the period ends if the commissioner reasonably believes the circumstances mentioned in subsection (1) (a) or (b) still exist.\n(sec.16-ssec.5) The commissioner must ensure the matter is investigated promptly to ensure the timely resolution of the suspension.\n(sec.16-ssec.6) The commissioner may cancel the suspension at any time.\n- (a) the volunteer would, if the volunteer were an employee under the Public Sector Act 2022 , be liable to discipline under a disciplinary law within the meaning of that Act; or\n- (b) the proper and efficient management of MRQ might be prejudiced if the volunteer is not suspended.\n- • assigning alternative duties\n- • changing the location where the MRQ volunteer performs duties\n- • making another alternative arrangement about how the MRQ volunteer may continue to participate in MRQ","sortOrder":20},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Arrangements for police officers","content":"## Arrangements for police officers","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Secondment of police officers","content":"### sec.17 Secondment of police officers\n\nThe MRQ chief officer may arrange with the commissioner for the services of police officers to be made available to MRQ.\nThe arrangement is not effective unless it has been approved by the Minister.\nA police officer whose services are seconded to MRQ under this section—\nis subject to the direction and control of the MRQ chief officer in relation to the performance of MRQ functions; but\ncontinues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of MRQ’s functions.\n(sec.17-ssec.1) The MRQ chief officer may arrange with the commissioner for the services of police officers to be made available to MRQ.\n(sec.17-ssec.2) The arrangement is not effective unless it has been approved by the Minister.\n(sec.17-ssec.3) A police officer whose services are seconded to MRQ under this section— is subject to the direction and control of the MRQ chief officer in relation to the performance of MRQ functions; but continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of MRQ’s functions.\n- (a) is subject to the direction and control of the MRQ chief officer in relation to the performance of MRQ functions; but\n- (b) continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of MRQ’s functions.","sortOrder":22},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"MRQ units, MRQ unit commanders and MRQ coordinators","content":"## MRQ units, MRQ unit commanders and MRQ coordinators","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Establishment of MRQ units","content":"### sec.18 Establishment of MRQ units\n\nThe commissioner may, by notice published on the department’s website or MRQ’s website, establish an MRQ unit for an area of the State if the commissioner is satisfied it is necessary or desirable to establish the MRQ unit to perform an MRQ function in the area.\nIn considering whether it is necessary or desirable to establish an MRQ unit for an area, the commissioner must have regard to—\nthe needs of the community in the area; and\nwhether establishing the unit would—\nrepresent an appropriate distribution of the capability of MRQ members and assets available to MRQ for the State; and\nprovide MRQ with the capability to perform its functions commensurate with the costs and risks associated with the establishment of the unit for the area; and\nwhether sufficient volunteers are likely to be available to ensure the unit is sustainable; and\nwhether the MRQ unit can appropriately maintain the equipment necessary for the unit to perform MRQ’s functions in the area.\nBefore establishing an MRQ unit for an area, the commissioner must consult with the following entities—\nany entity the commissioner considers represents the local community for the area;\nany other entity that provides emergency services for the area.\nThe commissioner must publish the boundaries of an MRQ unit’s area on the department’s website or MRQ’s website.\n(sec.18-ssec.1) The commissioner may, by notice published on the department’s website or MRQ’s website, establish an MRQ unit for an area of the State if the commissioner is satisfied it is necessary or desirable to establish the MRQ unit to perform an MRQ function in the area.\n(sec.18-ssec.2) In considering whether it is necessary or desirable to establish an MRQ unit for an area, the commissioner must have regard to— the needs of the community in the area; and whether establishing the unit would— represent an appropriate distribution of the capability of MRQ members and assets available to MRQ for the State; and provide MRQ with the capability to perform its functions commensurate with the costs and risks associated with the establishment of the unit for the area; and whether sufficient volunteers are likely to be available to ensure the unit is sustainable; and whether the MRQ unit can appropriately maintain the equipment necessary for the unit to perform MRQ’s functions in the area.\n(sec.18-ssec.3) Before establishing an MRQ unit for an area, the commissioner must consult with the following entities— any entity the commissioner considers represents the local community for the area; any other entity that provides emergency services for the area.\n(sec.18-ssec.4) The commissioner must publish the boundaries of an MRQ unit’s area on the department’s website or MRQ’s website.\n- (a) the needs of the community in the area; and\n- (b) whether establishing the unit would— (i) represent an appropriate distribution of the capability of MRQ members and assets available to MRQ for the State; and (ii) provide MRQ with the capability to perform its functions commensurate with the costs and risks associated with the establishment of the unit for the area; and\n- (i) represent an appropriate distribution of the capability of MRQ members and assets available to MRQ for the State; and\n- (ii) provide MRQ with the capability to perform its functions commensurate with the costs and risks associated with the establishment of the unit for the area; and\n- (c) whether sufficient volunteers are likely to be available to ensure the unit is sustainable; and\n- (d) whether the MRQ unit can appropriately maintain the equipment necessary for the unit to perform MRQ’s functions in the area.\n- (i) represent an appropriate distribution of the capability of MRQ members and assets available to MRQ for the State; and\n- (ii) provide MRQ with the capability to perform its functions commensurate with the costs and risks associated with the establishment of the unit for the area; and\n- (a) any entity the commissioner considers represents the local community for the area;\n- (b) any other entity that provides emergency services for the area.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"MRQ unit commanders","content":"### sec.19 MRQ unit commanders\n\nFor each MRQ unit, the commissioner must appoint an MRQ member to be the MRQ unit commander.\nThe appointment must be made by notice given to the MRQ member.\nThe commissioner may appoint a person as the MRQ unit commander for an MRQ unit only if the commissioner is satisfied the member is appropriately qualified to perform the functions of an MRQ unit commander.\nAn MRQ unit commander holds office on any conditions the commissioner considers appropriate and stated in the notice given to the unit commander.\n(sec.19-ssec.1) For each MRQ unit, the commissioner must appoint an MRQ member to be the MRQ unit commander.\n(sec.19-ssec.2) The appointment must be made by notice given to the MRQ member.\n(sec.19-ssec.3) The commissioner may appoint a person as the MRQ unit commander for an MRQ unit only if the commissioner is satisfied the member is appropriately qualified to perform the functions of an MRQ unit commander.\n(sec.19-ssec.4) An MRQ unit commander holds office on any conditions the commissioner considers appropriate and stated in the notice given to the unit commander.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Functions of MRQ unit commanders","content":"### sec.20 Functions of MRQ unit commanders\n\nThe MRQ unit commander for an MRQ unit is responsible for the operational effectiveness of the MRQ unit by ensuring—\nthe unit’s MRQ members have the necessary skills to perform their roles in the unit competently; and\nthe unit’s equipment is maintained in an appropriate condition; and\nthe unit performs its functions and other activities in a way that is consistent with departmental policies about the performance of an MRQ unit’s functions and other activities; and\nthe unit performs its functions in compliance with—\nthis Act and any other applicable Act or law; and\nany operational permits and approvals applying to an MRQ unit; and\nthe unit complies with any direction given by the commissioner, the MRQ chief officer or an MRQ coordinator.\nAn MRQ unit commander may delegate the MRQ unit commander’s functions under this section to another MRQ member.\n(sec.20-ssec.1) The MRQ unit commander for an MRQ unit is responsible for the operational effectiveness of the MRQ unit by ensuring— the unit’s MRQ members have the necessary skills to perform their roles in the unit competently; and the unit’s equipment is maintained in an appropriate condition; and the unit performs its functions and other activities in a way that is consistent with departmental policies about the performance of an MRQ unit’s functions and other activities; and the unit performs its functions in compliance with— this Act and any other applicable Act or law; and any operational permits and approvals applying to an MRQ unit; and the unit complies with any direction given by the commissioner, the MRQ chief officer or an MRQ coordinator.\n(sec.20-ssec.2) An MRQ unit commander may delegate the MRQ unit commander’s functions under this section to another MRQ member.\n- (a) the unit’s MRQ members have the necessary skills to perform their roles in the unit competently; and\n- (b) the unit’s equipment is maintained in an appropriate condition; and\n- (c) the unit performs its functions and other activities in a way that is consistent with departmental policies about the performance of an MRQ unit’s functions and other activities; and\n- (d) the unit performs its functions in compliance with— (i) this Act and any other applicable Act or law; and (ii) any operational permits and approvals applying to an MRQ unit; and\n- (i) this Act and any other applicable Act or law; and\n- (ii) any operational permits and approvals applying to an MRQ unit; and\n- (e) the unit complies with any direction given by the commissioner, the MRQ chief officer or an MRQ coordinator.\n- (i) this Act and any other applicable Act or law; and\n- (ii) any operational permits and approvals applying to an MRQ unit; and","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"MRQ coordinators","content":"### sec.21 MRQ coordinators\n\nThe commissioner may, by notice to a person, appoint the person as an MRQ coordinator to coordinate the performance of the functions of MRQ by a group of MRQ units.\nThe commissioner may appoint a person as an MRQ coordinator only if—\nthe person is an MRQ member; and\nthe commissioner is satisfied the member is appropriately qualified to perform the functions of an MRQ coordinator.\nAn MRQ coordinator holds office on any conditions the commissioner considers appropriate and stated in the notice given to the coordinator.\nThe commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator that an MRQ coordinator has been appointed.\nThe commissioner may terminate the appointment of an MRQ coordinator if the commissioner considers it is no longer necessary for an MRQ coordinator to be appointed for a group of MRQ units.\nThe commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator of the termination.\nIn this section—\nchairperson , of a local group, has the meaning given by the Disaster Management Act 2003 .\ndisaster district has the meaning given by the Disaster Management Act 2003 .\ndistrict disaster coordinator has the meaning given by the Disaster Management Act 2003 .\nlocal group has the meaning given by the Disaster Management Act 2003 .\nrelevant district disaster coordinator means the district disaster coordinator for a disaster district whose area overlaps with the area or a part of the area of 1 or more MRQ units in the group of MRQ units.\nrelevant local group means the local group for a local government area whose area overlaps with the area or a part of the area of 1 or more MRQ units in the group of MRQ units.\n(sec.21-ssec.1) The commissioner may, by notice to a person, appoint the person as an MRQ coordinator to coordinate the performance of the functions of MRQ by a group of MRQ units.\n(sec.21-ssec.2) The commissioner may appoint a person as an MRQ coordinator only if— the person is an MRQ member; and the commissioner is satisfied the member is appropriately qualified to perform the functions of an MRQ coordinator.\n(sec.21-ssec.3) An MRQ coordinator holds office on any conditions the commissioner considers appropriate and stated in the notice given to the coordinator.\n(sec.21-ssec.4) The commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator that an MRQ coordinator has been appointed.\n(sec.21-ssec.5) The commissioner may terminate the appointment of an MRQ coordinator if the commissioner considers it is no longer necessary for an MRQ coordinator to be appointed for a group of MRQ units.\n(sec.21-ssec.6) The commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator of the termination.\n(sec.21-ssec.7) In this section— chairperson , of a local group, has the meaning given by the Disaster Management Act 2003 . disaster district has the meaning given by the Disaster Management Act 2003 . district disaster coordinator has the meaning given by the Disaster Management Act 2003 . local group has the meaning given by the Disaster Management Act 2003 . relevant district disaster coordinator means the district disaster coordinator for a disaster district whose area overlaps with the area or a part of the area of 1 or more MRQ units in the group of MRQ units. relevant local group means the local group for a local government area whose area overlaps with the area or a part of the area of 1 or more MRQ units in the group of MRQ units.\n- (a) the person is an MRQ member; and\n- (b) the commissioner is satisfied the member is appropriately qualified to perform the functions of an MRQ coordinator.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Functions of MRQ coordinators","content":"### sec.22 Functions of MRQ coordinators\n\nAn MRQ coordinator has the following functions—\nto coordinate the performance of MRQ functions in the areas of the group of MRQ units for which the coordinator is appointed when resources of MRQ from outside the areas are made available to the group;\nto provide advice to MRQ unit commanders of the MRQ units about—\nMRQ functions; and\nmanaging the safety and fatigue of the members of the MRQ units; and\nlogistical and financial matters;\nto perform other functions agreed between the MRQ coordinator and the local disaster coordinator for the relevant local group;\nto give effect to any direction given by the commissioner or MRQ chief officer.\nIn performing the MRQ coordinator’s functions, the coordinator must have regard to—\nthe advice of the local disaster coordinator for a relevant local group; and\nany applicable disaster management plans.\nIn this section—\ndisaster management plan has the meaning given by the Disaster Management Act 2003 .\nlocal disaster coordinator has the meaning given by the Disaster Management Act 2003 .\nlocal group has the meaning given by the Disaster Management Act 2003 .\nrelevant local group means the local group for a local government area whose area overlaps with the area or a part of the area of 1 or more MRQ units in the group of MRQ units.\n(sec.22-ssec.1) An MRQ coordinator has the following functions— to coordinate the performance of MRQ functions in the areas of the group of MRQ units for which the coordinator is appointed when resources of MRQ from outside the areas are made available to the group; to provide advice to MRQ unit commanders of the MRQ units about— MRQ functions; and managing the safety and fatigue of the members of the MRQ units; and logistical and financial matters; to perform other functions agreed between the MRQ coordinator and the local disaster coordinator for the relevant local group; to give effect to any direction given by the commissioner or MRQ chief officer.\n(sec.22-ssec.2) In performing the MRQ coordinator’s functions, the coordinator must have regard to— the advice of the local disaster coordinator for a relevant local group; and any applicable disaster management plans.\n(sec.22-ssec.3) In this section— disaster management plan has the meaning given by the Disaster Management Act 2003 . local disaster coordinator has the meaning given by the Disaster Management Act 2003 . local group has the meaning given by the Disaster Management Act 2003 . relevant local group means the local group for a local government area whose area overlaps with the area or a part of the area of 1 or more MRQ units in the group of MRQ units.\n- (a) to coordinate the performance of MRQ functions in the areas of the group of MRQ units for which the coordinator is appointed when resources of MRQ from outside the areas are made available to the group;\n- (b) to provide advice to MRQ unit commanders of the MRQ units about— (i) MRQ functions; and (ii) managing the safety and fatigue of the members of the MRQ units; and (iii) logistical and financial matters;\n- (i) MRQ functions; and\n- (ii) managing the safety and fatigue of the members of the MRQ units; and\n- (iii) logistical and financial matters;\n- (c) to perform other functions agreed between the MRQ coordinator and the local disaster coordinator for the relevant local group;\n- (d) to give effect to any direction given by the commissioner or MRQ chief officer.\n- (i) MRQ functions; and\n- (ii) managing the safety and fatigue of the members of the MRQ units; and\n- (iii) logistical and financial matters;\n- (a) the advice of the local disaster coordinator for a relevant local group; and\n- (b) any applicable disaster management plans.","sortOrder":28},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Powers of MRQ members","content":"## Powers of MRQ members","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Power of entry","content":"### sec.23 Power of entry\n\nAn MRQ member may enter a place without a warrant or the consent of the owner or occupier of the place if—\nthe MRQ member is performing an MRQ function at the place; and\nthe MRQ member reasonably suspects that there is a dangerous situation at or near the place.\nHowever, if the occupier is present at the place, the MRQ member must do, or make a reasonable attempt to do, the following things before entering the place—\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier the MRQ member is permitted under this Act to enter the place without the occupier’s consent.\nSubsection (2) does not require the MRQ member to take a step if the member reasonably believes that to do so may endanger any person or property.\nThe MRQ member may remain at the place for the time necessary—\nto establish whether a dangerous situation exists at or near the place; and\nto give or arrange for reasonable help to any person at the place.\nIn this section—\ndangerous situation means a situation that is likely to result in an imminent risk of material harm to persons, property or the environment if action is not taken to avoid, eliminate or minimise the risk.\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\nof , a place, includes at or on the place.\nplace includes—\npremises; and\nvacant land; and\na vehicle; and\na place in Queensland waters; and\na place held under 2 or more titles or by 2 or more owners.\npremises includes—\na building or structure, or part of a building or structure, of any type; and\na group of buildings or structures, or part of a group of buildings or structures, of any type; and\nthe land or water where a building or structure, or a group of buildings or structures, is situated; and\na vehicle and a caravan; and\npremises held under 2 or more titles or by 2 or more owners.\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\nvehicle means—\nan aircraft, including a helicopter; or\na vehicle or vessel under the Transport Operations (Road Use Management) Act 1995 .\n(sec.23-ssec.1) An MRQ member may enter a place without a warrant or the consent of the owner or occupier of the place if— the MRQ member is performing an MRQ function at the place; and the MRQ member reasonably suspects that there is a dangerous situation at or near the place.\n(sec.23-ssec.2) However, if the occupier is present at the place, the MRQ member must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the MRQ member is permitted under this Act to enter the place without the occupier’s consent.\n(sec.23-ssec.3) Subsection (2) does not require the MRQ member to take a step if the member reasonably believes that to do so may endanger any person or property.\n(sec.23-ssec.4) The MRQ member may remain at the place for the time necessary— to establish whether a dangerous situation exists at or near the place; and to give or arrange for reasonable help to any person at the place.\n(sec.23-ssec.5) In this section— dangerous situation means a situation that is likely to result in an imminent risk of material harm to persons, property or the environment if action is not taken to avoid, eliminate or minimise the risk. occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place. of , a place, includes at or on the place. place includes— premises; and vacant land; and a vehicle; and a place in Queensland waters; and a place held under 2 or more titles or by 2 or more owners. premises includes— a building or structure, or part of a building or structure, of any type; and a group of buildings or structures, or part of a group of buildings or structures, of any type; and the land or water where a building or structure, or a group of buildings or structures, is situated; and a vehicle and a caravan; and premises held under 2 or more titles or by 2 or more owners. reasonably suspects means suspects on grounds that are reasonable in the circumstances. vehicle means— an aircraft, including a helicopter; or a vehicle or vessel under the Transport Operations (Road Use Management) Act 1995 .\n- (a) the MRQ member is performing an MRQ function at the place; and\n- (b) the MRQ member reasonably suspects that there is a dangerous situation at or near the place.\n- (a) tell the occupier the purpose of the entry;\n- (b) seek the consent of the occupier to the entry;\n- (c) tell the occupier the MRQ member is permitted under this Act to enter the place without the occupier’s consent.\n- (a) to establish whether a dangerous situation exists at or near the place; and\n- (b) to give or arrange for reasonable help to any person at the place.\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.\n- (a) premises; and\n- (b) vacant land; and\n- (c) a vehicle; and\n- (d) a place in Queensland waters; and\n- (e) a place held under 2 or more titles or by 2 or more owners.\n- (a) a building or structure, or part of a building or structure, of any type; and\n- (b) a group of buildings or structures, or part of a group of buildings or structures, of any type; and\n- (c) the land or water where a building or structure, or a group of buildings or structures, is situated; and\n- (d) a vehicle and a caravan; and\n- (e) premises held under 2 or more titles or by 2 or more owners.\n- (a) an aircraft, including a helicopter; or\n- (b) a vehicle or vessel under the Transport Operations (Road Use Management) Act 1995 .","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Power to use force","content":"### sec.24 Power to use force\n\nIt is lawful for an MRQ member to use reasonably necessary force when performing or attempting to perform an MRQ function.\nThis section does not apply to the use of force against an individual.\n(sec.24-ssec.1) It is lawful for an MRQ member to use reasonably necessary force when performing or attempting to perform an MRQ function.\n(sec.24-ssec.2) This section does not apply to the use of force against an individual.","sortOrder":31},{"sectionNumber":"pt.3","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Offence to assault or obstruct MRQ member","content":"### sec.25 Offence to assault or obstruct MRQ member\n\nA person must not, unless the person has a reasonable excuse—\nassault an MRQ member performing an MRQ function; or\nobstruct an MRQ member performing an MRQ function.\nMaximum penalty—100 penalty units or 6 months imprisonment.\nIf a person has obstructed an MRQ member and the member decides to proceed with the performance of the function, the member must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe member considers the person’s conduct an obstruction.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nobstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.25-ssec.1) A person must not, unless the person has a reasonable excuse— assault an MRQ member performing an MRQ function; or obstruct an MRQ member performing an MRQ function. Maximum penalty—100 penalty units or 6 months imprisonment.\n(sec.25-ssec.2) If a person has obstructed an MRQ member and the member decides to proceed with the performance of the function, the member must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the member considers the person’s conduct an obstruction.\n(sec.25-ssec.3) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) assault an MRQ member performing an MRQ function; or\n- (b) obstruct an MRQ member performing an MRQ function.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the member considers the person’s conduct an obstruction.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Impersonating MRQ member","content":"### sec.26 Impersonating MRQ member\n\nA person must not impersonate an MRQ member.\nMaximum penalty—100 penalty units.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Unauthorised use of confidential information","content":"### sec.27 Unauthorised use of confidential information\n\nThis section applies to a person who—\nis or has been—\nan MRQ member performing functions under or relating to the administration of this Act; or\nanother individual engaged to perform functions under or relating to the administration of this Act; or\nan individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\nin that capacity, acquired confidential information or has access to, or custody of, confidential information.\nThis section also applies to a person who has acquired or has access to confidential information—\nwhether directly or indirectly, from a person mentioned in subsection (1) ; or\nas authorised under an Act, another law or an arrangement with the police service.\nThe person must not use the confidential information other than under this section.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe person may use the confidential information—\nto the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or\nwith the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nif the use is otherwise required or permitted under another law.\nIn this section—\nconfidential information —\nmeans personal information about an individual or other information of a confidential nature; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\npersonal information see the Information Privacy Act 2009 , section 12 .\nuse , in relation to information, includes the following—\ndisclose;\ngive;\ngive access to;\nmake available;\npublish;\nrecord.\n(sec.27-ssec.1) This section applies to a person who— is or has been— an MRQ member performing functions under or relating to the administration of this Act; or another individual engaged to perform functions under or relating to the administration of this Act; or an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n(sec.27-ssec.2) This section also applies to a person who has acquired or has access to confidential information— whether directly or indirectly, from a person mentioned in subsection (1) ; or as authorised under an Act, another law or an arrangement with the police service.\n(sec.27-ssec.3) The person must not use the confidential information other than under this section. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.27-ssec.4) The person may use the confidential information— to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or if the use is otherwise required or permitted under another law.\n(sec.27-ssec.5) In this section— confidential information — means personal information about an individual or other information of a confidential nature; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. personal information see the Information Privacy Act 2009 , section 12 . use , in relation to information, includes the following— disclose; give; give access to; make available; publish; record.\n- (a) is or has been— (i) an MRQ member performing functions under or relating to the administration of this Act; or (ii) another individual engaged to perform functions under or relating to the administration of this Act; or (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (i) an MRQ member performing functions under or relating to the administration of this Act; or\n- (ii) another individual engaged to perform functions under or relating to the administration of this Act; or\n- (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (b) in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n- (i) an MRQ member performing functions under or relating to the administration of this Act; or\n- (ii) another individual engaged to perform functions under or relating to the administration of this Act; or\n- (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (a) whether directly or indirectly, from a person mentioned in subsection (1) ; or\n- (b) as authorised under an Act, another law or an arrangement with the police service.\n- (a) to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or\n- (b) with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) if the use is otherwise required or permitted under another law.\n- (a) means personal information about an individual or other information of a confidential nature; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) disclose;\n- (b) give;\n- (c) give access to;\n- (d) make available;\n- (e) publish;\n- (f) record.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Using restricted expressions etc.","content":"### sec.28 Using restricted expressions etc.\n\nA person must not, unless the person has a reasonable excuse—\nuse a restricted expression without the commissioner’s written approval or authority—\nin, or as, the name of a business carried on by the person; or\nto advertise or otherwise promote goods or services provided by the person; or\nto raise funds, whether for MRQ or another entity; or\nuse the expression ‘Marine Rescue Queensland’ or ‘MRQ’, or a similar expression, in a way that suggests the person is an MRQ member if the person is not an MRQ member.\nMaximum penalty—40 penalty units.\nIn this section—\nrestricted expression means any of the following expressions—\n‘Marine Rescue Queensland’;\n‘MRQ’;\nanother expression that includes an expression mentioned in paragraph (a) or (b) .\n(sec.28-ssec.1) A person must not, unless the person has a reasonable excuse— use a restricted expression without the commissioner’s written approval or authority— in, or as, the name of a business carried on by the person; or to advertise or otherwise promote goods or services provided by the person; or to raise funds, whether for MRQ or another entity; or use the expression ‘Marine Rescue Queensland’ or ‘MRQ’, or a similar expression, in a way that suggests the person is an MRQ member if the person is not an MRQ member. Maximum penalty—40 penalty units.\n(sec.28-ssec.2) In this section— restricted expression means any of the following expressions— ‘Marine Rescue Queensland’; ‘MRQ’; another expression that includes an expression mentioned in paragraph (a) or (b) .\n- (a) use a restricted expression without the commissioner’s written approval or authority— (i) in, or as, the name of a business carried on by the person; or (ii) to advertise or otherwise promote goods or services provided by the person; or (iii) to raise funds, whether for MRQ or another entity; or\n- (i) in, or as, the name of a business carried on by the person; or\n- (ii) to advertise or otherwise promote goods or services provided by the person; or\n- (iii) to raise funds, whether for MRQ or another entity; or\n- (b) use the expression ‘Marine Rescue Queensland’ or ‘MRQ’, or a similar expression, in a way that suggests the person is an MRQ member if the person is not an MRQ member.\n- (i) in, or as, the name of a business carried on by the person; or\n- (ii) to advertise or otherwise promote goods or services provided by the person; or\n- (iii) to raise funds, whether for MRQ or another entity; or\n- (a) ‘Marine Rescue Queensland’;\n- (b) ‘MRQ’;\n- (c) another expression that includes an expression mentioned in paragraph (a) or (b) .","sortOrder":36},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":37},{"sectionNumber":"sec.28A","sectionType":"section","heading":"MRQ is charitable institution","content":"### sec.28A MRQ is charitable institution\n\nMRQ is a charitable institution in relation to a gift, donation, bequest or legacy to MRQ under a trust instrument or other document.\ns 28A ins 2025 No. 11 s 4","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Protection from liability","content":"### sec.29 Protection from liability\n\nCivil liability does not attach to either of the following entities because of an act done, or omission made, honestly and without negligence by the entity under this Act—\nthe State;\nan MRQ member.\n(sec.29-ssec) Civil liability does not attach to either of the following entities because of an act done, or omission made, honestly and without negligence by the entity under this Act— the State; an MRQ member.\n- (a) the State;\n- (b) an MRQ member.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Appointments and authority","content":"### sec.30 Appointments and authority\n\nIn a proceeding under or in relation to this Act, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of an MRQ member;\nthe power of an MRQ member to do anything under this Act.\n- (a) the appointment of an MRQ member;\n- (b) the power of an MRQ member to do anything under this Act.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.31 Other evidentiary aids\n\nA certificate purporting to be signed by the commissioner stating any of the following matters is evidence of the matter—\na stated document is an appointment, approval, authorisation, decision, direction, notice or requirement given or made under this Act;\na stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ;\nthat, on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person.\n(sec.31-ssec) A certificate purporting to be signed by the commissioner stating any of the following matters is evidence of the matter— a stated document is an appointment, approval, authorisation, decision, direction, notice or requirement given or made under this Act; a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ; that, on a stated day— a stated person was given a stated decision, direction or notice under this Act; or a stated requirement under this Act was made of a stated person.\n- (a) a stated document is an appointment, approval, authorisation, decision, direction, notice or requirement given or made under this Act;\n- (b) a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ;\n- (c) that, on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Regulation-making power","content":"### sec.32 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\n(sec.32-ssec) The Governor in Council may make regulations under this Act.","sortOrder":42},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"References to particular entities","content":"### sec.33 References to particular entities\n\nA reference in an Act or a document to any of the following entities may, if the context permits, be taken to be a reference to MRQ—\nThe Australian Volunteer Coast Guard Association Incorporated ABN 99 392 980 313;\nVolunteer Marine Rescue ABN 39 394 393 984 (also known as Volunteer Marine Rescue Karumba);\nVolunteer Marine Rescue Assoc Qld Inc ABN 46 387 273 867;\nVolunteer Marine Rescue Association Bowen Inc ABN 23 732 682 124;\nVolunteer Marine Rescue Bribie Island Inc ABN 20 500 377 468;\nVolunteer Marine Rescue Brisbane Inc ABN 12 718 565 330;\nVolunteer Marine Rescue Bundaberg Incorporated ABN 72 249 925 594;\nVolunteer Marine Rescue Burdekin Inc. ABN 77 575 613 538;\nVolunteer Marine Rescue Burketown Inc ABN 51 329 761 087;\nVolunteer Marine Rescue Currumbin ABN 76 746 351 209;\nMarine Rescue Douglas Shire Inc. ABN 65 871 449 034 (also known as Volunteer Marine Rescue Port Douglas Inc);\nVolunteer Marine Rescue Gladstone Inc ABN 47 236 033 890;\nVolunteer Marine Rescue Hervey Bay Inc ABN 92 424 635 054;\nVolunteer Marine Rescue Jacobs Well Assn Inc ABN 25 862 670 198;\nVolunteer Marine Rescue Mackay Inc ABN 20 572 944 700;\nVolunteer Marine Rescue Midge Point Inc ABN 80 270 379 615;\nVolunteer Marine Rescue Mornington Island Inc ABN 26 206 170 160;\nVolunteer Marine Rescue North Stradbroke Inc ABN 22 309 931 531;\nVolunteer Marine Rescue Raby Bay Inc ABN 61 187 902 123;\nVolunteer Marine Rescue Round Hill Inc ABN 27 833 875 690;\nVolunteer Marine Rescue Southport Surfers Paradise Association Inc ABN 28 929 833 597;\nVolunteer Marine Rescue ST Pauls Inc ABN 11 920 031 371 (also known as Volunteer Marine Rescue Moa Inc);\nVolunteer Marine Rescue Thursday Island Inc ABN 50 893 928 178;\nVolunteer Marine Rescue Victoria Point Association Inc ABN 88 836 276 421;\nVolunteer Marine Rescue Weipa Inc ABN 29 709 476 617;\nVolunteer Marine Rescue Whitsunday Inc ABN 61 265 910 328;\nVolunteer Marine Rescue Yorke Island Inc ABN 38 588 145 791 (also known as Volunteer Marine Rescue Masig Inc).\n(sec.33-ssec) A reference in an Act or a document to any of the following entities may, if the context permits, be taken to be a reference to MRQ— The Australian Volunteer Coast Guard Association Incorporated ABN 99 392 980 313; Volunteer Marine Rescue ABN 39 394 393 984 (also known as Volunteer Marine Rescue Karumba); Volunteer Marine Rescue Assoc Qld Inc ABN 46 387 273 867; Volunteer Marine Rescue Association Bowen Inc ABN 23 732 682 124; Volunteer Marine Rescue Bribie Island Inc ABN 20 500 377 468; Volunteer Marine Rescue Brisbane Inc ABN 12 718 565 330; Volunteer Marine Rescue Bundaberg Incorporated ABN 72 249 925 594; Volunteer Marine Rescue Burdekin Inc. ABN 77 575 613 538; Volunteer Marine Rescue Burketown Inc ABN 51 329 761 087; Volunteer Marine Rescue Currumbin ABN 76 746 351 209; Marine Rescue Douglas Shire Inc. ABN 65 871 449 034 (also known as Volunteer Marine Rescue Port Douglas Inc); Volunteer Marine Rescue Gladstone Inc ABN 47 236 033 890; Volunteer Marine Rescue Hervey Bay Inc ABN 92 424 635 054; Volunteer Marine Rescue Jacobs Well Assn Inc ABN 25 862 670 198; Volunteer Marine Rescue Mackay Inc ABN 20 572 944 700; Volunteer Marine Rescue Midge Point Inc ABN 80 270 379 615; Volunteer Marine Rescue Mornington Island Inc ABN 26 206 170 160; Volunteer Marine Rescue North Stradbroke Inc ABN 22 309 931 531; Volunteer Marine Rescue Raby Bay Inc ABN 61 187 902 123; Volunteer Marine Rescue Round Hill Inc ABN 27 833 875 690; Volunteer Marine Rescue Southport Surfers Paradise Association Inc ABN 28 929 833 597; Volunteer Marine Rescue ST Pauls Inc ABN 11 920 031 371 (also known as Volunteer Marine Rescue Moa Inc); Volunteer Marine Rescue Thursday Island Inc ABN 50 893 928 178; Volunteer Marine Rescue Victoria Point Association Inc ABN 88 836 276 421; Volunteer Marine Rescue Weipa Inc ABN 29 709 476 617; Volunteer Marine Rescue Whitsunday Inc ABN 61 265 910 328; Volunteer Marine Rescue Yorke Island Inc ABN 38 588 145 791 (also known as Volunteer Marine Rescue Masig Inc).\n- (a) The Australian Volunteer Coast Guard Association Incorporated ABN 99 392 980 313;\n- (b) Volunteer Marine Rescue ABN 39 394 393 984 (also known as Volunteer Marine Rescue Karumba);\n- (c) Volunteer Marine Rescue Assoc Qld Inc ABN 46 387 273 867;\n- (d) Volunteer Marine Rescue Association Bowen Inc ABN 23 732 682 124;\n- (e) Volunteer Marine Rescue Bribie Island Inc ABN 20 500 377 468;\n- (f) Volunteer Marine Rescue Brisbane Inc ABN 12 718 565 330;\n- (g) Volunteer Marine Rescue Bundaberg Incorporated ABN 72 249 925 594;\n- (h) Volunteer Marine Rescue Burdekin Inc. ABN 77 575 613 538;\n- (i) Volunteer Marine Rescue Burketown Inc ABN 51 329 761 087;\n- (j) Volunteer Marine Rescue Currumbin ABN 76 746 351 209;\n- (k) Marine Rescue Douglas Shire Inc. ABN 65 871 449 034 (also known as Volunteer Marine Rescue Port Douglas Inc);\n- (l) Volunteer Marine Rescue Gladstone Inc ABN 47 236 033 890;\n- (m) Volunteer Marine Rescue Hervey Bay Inc ABN 92 424 635 054;\n- (n) Volunteer Marine Rescue Jacobs Well Assn Inc ABN 25 862 670 198;\n- (o) Volunteer Marine Rescue Mackay Inc ABN 20 572 944 700;\n- (p) Volunteer Marine Rescue Midge Point Inc ABN 80 270 379 615;\n- (q) Volunteer Marine Rescue Mornington Island Inc ABN 26 206 170 160;\n- (r) Volunteer Marine Rescue North Stradbroke Inc ABN 22 309 931 531;\n- (s) Volunteer Marine Rescue Raby Bay Inc ABN 61 187 902 123;\n- (t) Volunteer Marine Rescue Round Hill Inc ABN 27 833 875 690;\n- (u) Volunteer Marine Rescue Southport Surfers Paradise Association Inc ABN 28 929 833 597;\n- (v) Volunteer Marine Rescue ST Pauls Inc ABN 11 920 031 371 (also known as Volunteer Marine Rescue Moa Inc);\n- (w) Volunteer Marine Rescue Thursday Island Inc ABN 50 893 928 178;\n- (x) Volunteer Marine Rescue Victoria Point Association Inc ABN 88 836 276 421;\n- (y) Volunteer Marine Rescue Weipa Inc ABN 29 709 476 617;\n- (z) Volunteer Marine Rescue Whitsunday Inc ABN 61 265 910 328;\n- (za) Volunteer Marine Rescue Yorke Island Inc ABN 38 588 145 791 (also known as Volunteer Marine Rescue Masig Inc).","sortOrder":44}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.23(1) and sec.23(2)","severity":"medium","reasoning":"Section 23(1) conditions the entry power on the member already being at the place performing a function, yet section 23(2) imposes pre-entry obligations. You cannot comply with pre-entry requirements if entry has already occurred. The drafting conflates the trigger for the power with the act it authorises.","confidence":0.75,"description":"The power of entry is triggered when an MRQ member 'is performing an MRQ function at the place' AND suspects a dangerous situation. However, subsection (2) then requires the member to seek the occupier's consent before entering — which presupposes they are not yet inside. If they are already 'performing an MRQ function at the place', they have already entered, making the pre-entry consent requirement logically impossible to satisfy in sequence."},{"type":"self_contradicting","section":"sec.23(4)","severity":"low","reasoning":"Entry requires a reasonable suspicion that a dangerous situation exists. But remaining is justified partly to 'establish whether' one exists. If entry required suspicion of existence, it is internally inconsistent to then justify continued presence on the basis of still needing to determine whether the situation exists.","confidence":0.7,"description":"After entering to respond to an emergency, a member 'may remain at the place for the time necessary to establish whether a dangerous situation exists'. This is logically backwards: the power to enter is conditioned on the member already reasonably suspecting a dangerous situation exists (sec.23(1)(b)), yet the purpose of remaining is framed as establishing whether one exists at all. The suspicion precondition and the investigatory purpose are in tension."},{"type":"other","section":"sec.4(1) and sec.4(2)","severity":"low","reasoning":"While conventional in Australian drafting practice, the combination creates a logical gap: being 'bound' by an Act without any enforceable consequence is substantively hollow. No civil liability provision is offered as an alternative for Crown breaches, so 'binding' the Crown is a legal fiction.","confidence":0.6,"description":"Section 4(1) states the Act 'binds all persons, including the State' and the Commonwealth. Section 4(2) says the Commonwealth or a State 'can not be prosecuted for an offence against this Act'. This is a standard formulation in Australian legislation but produces a logical absurdity: those entities are bound by the Act's obligations yet are entirely immune from the only enforcement mechanism (prosecution) the Act provides, rendering the binding legally meaningless in practice for those entities."},{"type":"self_contradicting","section":"sec.16(3) and sec.16(4)","severity":"medium","reasoning":"The drafting implies procedural fairness through a fixed end date, but the unlimited extension power negates that protection. There is no cap on the number of extensions or their duration, meaning a volunteer could remain suspended indefinitely despite the notice appearing to state a finite period.","confidence":0.8,"description":"Section 16(3) requires the suspension notice to 'state when the suspension starts and ends', fixing a definite end date. Section 16(4) then permits the commissioner to extend the suspension before it ends. Read together, the requirement to state a definite end date at the outset is rendered effectively illusory since it can be indefinitely extended, creating a de facto indeterminate suspension with no maximum period."},{"type":"impossible_compliance","section":"sec.24(1) and sec.24(2)","severity":"high","reasoning":"A marine rescue organisation that cannot lawfully use force against individuals is severely constrained in performing rescues. Resisting or panicking victims, individuals blocking access during emergencies, or persons needing physical extraction from vessels are all individual-force scenarios. The section authorises force broadly then removes its most practically necessary application.","confidence":0.85,"description":"Section 24(1) authorises MRQ members to use 'reasonably necessary force' when performing an MRQ function. Section 24(2) then carves out 'the use of force against an individual'. Given that MRQ's primary function is rescuing persons in difficulty at sea, the most foreseeable use of force in a rescue context (e.g., physically restraining a panicking drowning person) is against individuals. The carve-out effectively excludes the most operationally significant application of the force power."},{"type":"impossible_compliance","section":"sec.7(1)(c)","severity":"low","reasoning":"While practically the intent is clear (MRQ as last resort for non-rescue assistance), the drafting imposes a precondition that is difficult or impossible to verify in time-critical situations, potentially leaving MRQ unable to lawfully act when it could help.","confidence":0.55,"description":"MRQ may provide 'other marine assistance to any entity in the performance of its functions and to the community if the assistance is reasonably requested and another entity is not reasonably able to assist'. The condition 'another entity is not reasonably able to assist' creates a logical problem: MRQ must somehow determine in real time, during an emergency, that all other entities capable of providing assistance are unavailable, which may be practically impossible to verify."},{"type":"retroactive_impossibility","section":"sec.9(b) and sec.10(1)","severity":"medium","reasoning":"The mandatory 'there is to be' language creates an obligation that cannot logically be satisfied at the exact moment of commencement, since the appointment process requires prior action by the commissioner. The Act has no bridging provision for the chief officer role at Day 1.","confidence":0.65,"description":"Section 9(b) gives the commissioner the function of appointing persons as MRQ chief officer. Section 10(1) states 'There is to be an MRQ chief officer for MRQ'. However, the Act commences on a day fixed by proclamation (sec.2) and MRQ is not established until the Act commences (sec.6). At commencement, there is immediately required to be an MRQ chief officer, yet the appointment process under section 10(2) requires the commissioner to be satisfied of the person's qualifications. No transitional provision addresses who performs the chief officer role at the moment of commencement before an appointment can be made."}],"contradictions":[{"severity":"low","section_a":"sec.9(b)","section_b":"sec.14(1)","confidence":0.55,"description":"Section 9(b) gives the commissioner the function of appointing 'MRQ unit commanders, MRQ coordinators and other MRQ members'. Section 14(1) also gives the commissioner power to 'appoint the number of MRQ employees and MRQ volunteers'. Read together with section 8 (which defines MRQ members as the chief officer, employees and volunteers), it is unclear whether section 9(b)'s reference to 'other MRQ members' duplicates or overrides section 14's specific appointment power for employees and volunteers, or whether the two provisions operate on different planes."},{"severity":"low","section_a":"sec.16(1)","section_b":"sec.16(2)","confidence":0.5,"description":"Section 16(1) states the commissioner 'may' suspend a volunteer if the commissioner 'reasonably believes' either ground is met — framing this as a discretion. Section 16(2) then requires the commissioner to 'consider all reasonable alternative actions' before suspending. These provisions are not directly contradictory but create a tension: if after considering alternatives the commissioner still decides to suspend, the 'may' discretion in subsection (1) is effectively constrained by a mandatory pre-condition in subsection (2), conflating discretionary and mandatory elements without clearly resolving which governs."},{"severity":"medium","section_a":"sec.17(1)","section_b":"sec.17(3)(a)","confidence":0.7,"description":"Section 17(1) states the 'MRQ chief officer may arrange with the commissioner' for secondment of police officers. Section 17(3)(a) then provides that a seconded officer 'is subject to the direction and control of the MRQ chief officer'. This creates a chain where the MRQ chief officer is themselves subject to the commissioner's directions (sec.11(1)(b)), yet through the secondment arrangement also directs police officers who ordinarily report to the same commissioner. The MRQ chief officer thus exercises direction over officers of the very authority that directs the chief officer, creating a circular command structure."},{"severity":"medium","section_a":"sec.20(1)(e)","section_b":"sec.22(1)(d)","confidence":0.72,"description":"Section 20(1)(e) requires MRQ unit commanders to comply with directions from 'the commissioner, the MRQ chief officer or an MRQ coordinator'. Section 22(1)(d) requires MRQ coordinators to 'give effect to any direction given by the commissioner or MRQ chief officer'. This creates a potential contradiction if the commissioner directs a coordinator one way and the MRQ chief officer directs the same coordinator differently — the coordinator must comply with both under section 22(1)(d), and the unit commander must then comply with the coordinator under section 20(1)(e), potentially receiving conflicting instructions with no hierarchy specified between commissioner and chief officer directions to coordinators."},{"severity":"low","section_a":"sec.27(3)","section_b":"sec.27(4)(b)","confidence":0.65,"description":"Section 27(3) prohibits use of confidential information 'other than under this section'. Section 27(4)(b) permits use 'with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request'. However, if information would normally be available to any member of the public on request, it arguably falls within the section 27(5) exclusion of 'information that is publicly available' from the definition of confidential information entirely. The permitted use in section 27(4)(b) therefore may apply to information that was never 'confidential information' in the first place, making the exception redundant or potentially contradicting the definitional exclusion."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a unified marine rescue service. The inclusion of 26 predecessor organisations in the transitional provisions is necessary for continuity rather than scope creep. The charitable institution amendment (s 28A) is a minor technical addition supporting fundraising capacity."},"complexity_factors":["Straightforward organisational structure with clear hierarchy (Commissioner → Chief Officer → Unit Commanders → Coordinators)","Minimal cross-referencing—primarily references the Disaster Management Act 2003, Public Sector Act 2022, and Criminal Code for definitions","Simple conditional logic in entry powers (section 23) with basic safety exceptions","Lengthy list of 26 predecessor organisations in section 33 creates bulk but not complexity","Standard offences structure with defined terms limited to specific sections rather than Act-wide definitions","No nested exceptions or highly conditional operational frameworks"],"plain_english_summary":"This legislation creates **Marine Rescue Queensland (MRQ)**—a new government body that takes over marine rescue operations across Queensland.\n\n**What it does:**\n- **Establishes MRQ** as the official provider of marine search and rescue services, replacing a patchwork of volunteer organisations (like the Australian Volunteer Coast Guard and various Volunteer Marine Rescue groups listed in the Act).\n- **Sets up the structure**: MRQ is led by a chief officer, staffed by employees, and supported by volunteers. The Police Commissioner oversees appointments and can establish local MRQ units across the state.\n- **Powers**: MRQ members can enter private property without a warrant if they suspect a dangerous situation (like a boat in distress), and can use reasonable force (but not against people) to perform rescues.\n- **Protections**: Volunteers get insurance coverage through WorkCover, and both the state and MRQ members are protected from being sued if they act honestly and without negligence.\n- **Offences**: It’s illegal to assault or obstruct MRQ members, impersonate them, misuse confidential information, or use the name \"Marine Rescue Queensland\" without permission.\n\n**Who it affects:**\n- **Boaters and coastal communities**—they now have a single, coordinated rescue service instead of multiple volunteer groups.\n- **Volunteers**—existing volunteer marine rescue members transition into the new MRQ structure with insurance protections.\n- **Property owners**—MRQ can enter land or vessels in emergencies without consent.\n\n**Why it matters:**\nThis consolidates 26 separate volunteer marine rescue organisations into one unified, government-backed service. It ensures consistent training, equipment standards, and insurance coverage while maintaining the volunteer spirit that powers coastal rescue operations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expands and changes scope compared with the prior, distributed volunteer model. It converts a dispersed set of volunteer marine rescue organisations into a single statutory entity with formal functions, public‑sector employment for employees, statutory powers (entry, limited use of force protections, immunity from civil liability for honest non‑negligent acts), criminal offences protecting operational integrity and name use, and an express charitable status for gifts (section 28A). The transitional provision (section 33) maps 27 named volunteer organisations to MRQ for the purpose of other laws and documents, effecting legal consolidation of existing entities. Taken together, these provisions move functions, governance, liability allocation, and identity control from independent volunteer associations and informal arrangements into a centralised, statutory framework — a significant scope shift from purely volunteer associations to a state‑created rescue agency with public sector links and new regulatory and criminal instruments."},"complexity_factors":["Single new statutory body with 33 primary sections (plus schedule reference) — short to moderate length.","One dictionary/schedule referenced (schedule 1) but not shown — defined terms exist.","Multiple cross‑references to other Acts: Public Sector Act 2022, Workers’ Compensation and Rehabilitation Act 2003 (WorkCover), Disaster Management Act 2003, Criminal Code, Transport Operations (Road Use Management) Act 1995, Information Privacy Act 2009 (explicit and implicit cross‑references).","Discretionary administrative powers concentrated in the commissioner (unit establishment, appointments, directions, suspensions) with several conditional steps (sections 9, 16, 18–21).","Operational powers include conditional, safety‑sensitive tests (reasonable suspicion of a dangerous situation, obligations to seek consent if occupier present) — some nested exceptions (section 23).","Criminal offences with differing maximum penalties and imprisonment terms (sections 25–27), requiring interaction with criminal law definitions (Criminal Code s.245).","Transitional provision lists 27 named volunteer organisations to be treated as MRQ references where context permits (section 33) — requires transactional/legal mapping.","Recent amendment adding charitable institution status (section 28A) introduces interaction with trust and donation law (not fully fleshed out within the Act).","Evidentiary presumptions (appointments and powers presumed; commissioner certificates as evidence) create procedural shortcuts with potential legal implications (sections 30–31)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a new statutory body called Marine Rescue Queensland (MRQ) and defines who is an MRQ member: the MRQ chief officer, MRQ employees and MRQ volunteers (sections 6 and 8).\n- Gives MRQ a broad set of functions: search and rescue, assistance to vessels and people in difficulty, support for other emergency services, community and government maritime services, fundraising and promotion, and any other function given by law (section 7). MRQ can do anything necessary or convenient to perform those functions (section 7(2)).\n- Creates the role of MRQ chief officer (employed under the Public Sector Act 2022), allows the commissioner to appoint acting chief officers and to delegate functions, and makes the chief officer responsible for managing MRQ day‑to‑day (sections 10–13).\n- Gives the commissioner a coordinating and supervisory role: establishing MRQ units, designating areas, appointing unit commanders and coordinators, giving directions and guidance, and consulting local stakeholders when setting up units (sections 9 and 18–22).\n- Enables the commissioner to appoint MRQ employees and volunteers; MRQ employees are public sector employees (section 14). The commissioner must insure volunteers through WorkCover (or another insurer) while they perform MRQ functions or undertake related training (section 15).\n- Provides limited powers to MRQ members in operational situations: they may enter places without a warrant if performing an MRQ function and reasonably suspect a dangerous situation (with procedural steps if an occupier is present), and may remain for the time necessary to assess danger or give help (section 23). MRQ members may use reasonably necessary force when performing an MRQ function, but that protection does not apply to use of force against an individual (section 24).\n- Establishes criminal offences tied to MRQ operations: assaulting or obstructing an MRQ member (penalty up to 100 penalty units or 6 months imprisonment), impersonating an MRQ member (100 penalty units), unauthorised use of confidential information (up to 100 penalty units or 2 years imprisonment), and unauthorised use of the expressions \"Marine Rescue Queensland\" or \"MRQ\" (or similar) to name a business, advertise, fundraise or suggest MRQ membership (up to 40 penalty units) (sections 25–28).\n- Provides limited civil‑liability protection: the State and MRQ members are not civilly liable for acts or omissions done honestly and without negligence under the Act (section 29).\n- Contains evidentiary presumptions and aids in legal proceedings (appointments and powers are presumed; certificates from the commissioner are evidence) and a regulation‑making power (sections 30–32).\n- Includes a transitional provision that says, where context permits, references in other laws or documents to a specified list of existing volunteer marine rescue organisations may be read as references to MRQ (section 33). This list names 27 volunteer organisations (section 33).\n- Declares MRQ a charitable institution for gifts, donations, bequests or legacies under a trust instrument or other document (section 28A, inserted 2025 No. 11 s 4).\n\n\nWho this affects\n\n- MRQ members: the chief officer, employees (made public servants) and volunteers. The Act changes the legal status, duties, protections and obligations of those people (sections 8, 10, 14, 15, 16, 29).\n- The commissioner and the Minister: both have appointment, approval and supervisory roles (sections 9, 10, 17, 18–22).\n- Police: police officers can be seconded to MRQ and when seconded are under the MRQ chief officer’s direction for MRQ duties while retaining police powers (section 17).\n- Private individuals and occupiers: MRQ members can enter places without a warrant in defined dangerous situations and may stay to assess and assist; occupiers present must be told purpose and asked for consent unless doing so would create danger (section 23).\n- Businesses and organisations that use the words \"Marine Rescue Queensland\" or \"MRQ\" or similar in trading, marketing or fundraising contexts: they must seek written approval before using the expression or face penalties (section 28).\n- Donors and the not‑for‑profit sector: MRQ is expressly treated as a charitable institution for gifts and legacies under trust documents, which can affect how donations are handled (section 28A).\n\n\nWhy it matters (official purpose and practical implications)\n\n- Official purpose: the Act establishes a coordinated, statutory marine rescue service for the State and a body that can provide other maritime services to government and community (section 3). That is the Act’s mechanical change: it converts distributed volunteer organisations and ad hoc arrangements into a single legal entity with formal powers, duties, personnel arrangements and protections.\n\n- Costs, incentives and trade‑offs to note (with section pointers):\n  - Centralisation of authority: the commissioner holds significant discretion to establish units, appoint commanders and coordinators, set conditions of office, and give directions (sections 9, 18–21). That concentrates decision‑making and may improve consistent standards but increases administrative control and the importance of appointments and internal policy.\n  - Integration into the public sector for employees: MRQ employees are employed under the Public Sector Act 2022 (section 14) — this changes employment terms and budgetary responsibility compared with volunteer associations or independent entities.\n  - Volunteer protections and obligations: volunteers must be insured (section 15) and can be suspended subject to procedural safeguards (section 16). Suspension has managerially driven thresholds and a prompt‑investigation requirement, shifting governance of volunteers toward an employer‑style disciplinary framework.\n  - Property‑entry and emergency powers: MRQ members can enter without a warrant when they reasonably suspect an imminent dangerous situation, and they may stay to assess and assist (section 23). This narrows normal property protections in narrowly defined emergency circumstances; the law limits the entry requirement to reasonable suspicion and requires, if safe, advising and seeking consent from an occupier.\n  - Use of force clause is narrowly framed: section 24 permits use of force for non‑individual targets (it explicitly says it does not apply to force against an individual), which limits how that provision can be relied on in confrontational situations. Operational members and legal advisers will need to interpret what force is available in person‑facing incidents.\n  - Name and fundraising restrictions: the law restricts commercial and fundraising use of MRQ’s name and initials without written approval (section 28). That protects MRQ’s identity but imposes compliance costs on businesses and community groups that might have used similar names or relied on perceived association.\n  - Confidentiality and penalties: persons with access to confidential information face a criminal penalty for unauthorised use unless permitted under the Act, another law, consent, or lawful process (section 27). That creates clearer legal limits on data use by MRQ members and contracted persons, with penal consequences.\n  - Liability and risk allocation: the State and MRQ members are protected from civil liability for acts done honestly and without negligence (section 29). This shifts some legal risk away from individuals and the State in negligence claims, but does not protect against dishonest or negligent conduct.\n  - Transitional consolidation: section 33 allows many named volunteer marine rescue bodies to be read as MRQ in other laws or documents where context allows. That has practical effects on existing contracts, grants, property titles or statutory references — they may now point to MRQ instead of the older organisations, changing who holds rights or responsibilities.\n  - Charitable status insertion (section 28A): by declaring MRQ a charitable institution for gifts, the Act (as amended) affects the legal handling of donations and trust instruments. That can change donor incentives, tax treatment in practice (subject to separate taxation law), and how legacy gifts are administered.\n\n\nImplementation and compliance risks\n\n- Much depends on administrative detail and delegated policy (establishing units by website notice, appointment notices, operational permits and departmental policies are all internal instruments referenced in the Act) (sections 18, 19, 20, 31).\n- The commissioner’s discretionary powers (appointments, unit establishment and termination, directions, suspension) are central. Those create single‑point implementation risk if policies are unclear or oversight is insufficient (sections 9, 16–21).\n- The list of named volunteer organisations in the transitional provision (section 33) will require legal review of existing contracts, assets and title references to ensure correct transfer or continuity of rights and obligations.\n\n\nNet practical picture (who pays, who decides, how behaviour changes)\n\n- Who pays: operating costs and employee costs will fall to the State budget (MRQ employees are public servants), while volunteers remain unpaid but insured; compliance and licensing costs fall on private entities that wish to use MRQ’s name or trade on the association; donors/payees may see changes in how donations are received and administered because MRQ is expressly a charitable institution for trust instruments (sections 14, 15, 28, 28A).\n- Who decides: the commissioner and the MRQ chief officer hold primary operational and administrative decision rights; the Minister has to approve police secondments (sections 9, 10, 17).\n- Behaviour changes expected: volunteer groups and community organisations will adapt to centralised governance, MRQ members will operate under clearer statutory powers and limits (entry, force, confidentiality), and businesses/community fundraisers will seek approval before using the MRQ name.\n\n\nKey section citations: establishment and purpose (sections 3, 6, 7); membership and staffing (sections 8, 10, 14); commissioner powers and units (sections 9, 18–22); operational powers (sections 23–24); offences and name restrictions (sections 25–28); volunteer insurance and suspension (sections 15–16); liability and evidentiary provisions (sections 29–31); transitional mapping of volunteer bodies to MRQ (section 33); charitable institution status (section 28A).\n"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears to have delivered on its stated purpose: establishing Marine Rescue Queensland as a single unified marine rescue body to replace the existing fragmented collection of volunteer organisations. The inclusion of section 28A (declaring MRQ a charitable institution, inserted by a 2025 amendment) represents a minor expansion to facilitate donations, but this is a natural complement to the original intent rather than a fundamental change in scope."},"complexity_factors":["Multi-layered organisational hierarchy (Commissioner → Chief Officer → Coordinators → Unit Commanders → Members/Volunteers) with distinct functions and powers at each level","Cross-referencing with multiple other Acts (Public Sector Act 2022, Disaster Management Act 2003, Workers' Compensation and Rehabilitation Act 2003, Information Privacy Act 2009, Criminal Code, Transport Operations Act 1995)","Transitional provisions requiring legal continuity across 27 previously independent incorporated associations with separate ABNs","Broad and technical definitions section for 'place', 'premises', 'vehicle', and 'occupier' in the powers of entry provision","Nuanced confidentiality offence provisions with multiple carve-outs and definitions","Interplay between state government employment framework and volunteer management including discipline provisions that apply public sector standards to non-employees","Integration with Queensland's disaster management framework (local groups, district disaster coordinators) adding an additional governance layer"],"plain_english_summary":"This Act creates Marine Rescue Queensland (MRQ), a single, state-wide marine rescue service that consolidates 27 volunteer organisations and sits within the Queensland Police Service. MRQ runs search-and-rescue, assists vessels and people, supports emergency responses, promotes safety and raises funds.\n\nMRQ volunteers become insured and have limited powers to enter property and use reasonable force for rescues. The law creates offences (assault/obstruction, impersonation, misuse of MRQ identity or confidential information) and affects volunteers, boaters, donors and anyone near Queensland waterways."}},"importantCases":[],"_links":{"self":"/api/acts/marine-rescue-queensland-act-2024","history":"/api/acts/marine-rescue-queensland-act-2024/history","analysis":"/api/acts/marine-rescue-queensland-act-2024/analysis","conflicts":"/api/acts/marine-rescue-queensland-act-2024/conflicts","importantCases":"/api/acts/marine-rescue-queensland-act-2024/important-cases","documents":"/api/acts/marine-rescue-queensland-act-2024/documents"}}