{"id":"qld:act-2002-029","name":"Maritime Safety Queensland Act 2002","slug":"maritime-safety-queensland-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"29 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71498,"registerId":"qld-act-2002-029-current","compilationNumber":null,"startDate":"2026-04-02","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 Maritime Safety Queensland Act 2002 .","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":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purposes of Act","content":"### sec.4 Purposes of Act\n\nThe main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.\nThis Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.\ns 4 amd 2006 No. 21 s 4 ; 2008 No. 31 s 5 ; 2013 No. 40 s 4\n(sec.4-ssec.1) The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.\n(sec.4-ssec.2) This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of Act","content":"### sec.5 Application of Act\n\nThis Act does not limit the application of the following Acts—\nTransport Infrastructure Act 1994 ;\nTransport Operations (Marine Pollution) Act 1995 ;\nTOMSA ;\nTransport Planning and Coordination Act 1994 .\ns 5 amd 2016 No. 3 s 65\n- (a) Transport Infrastructure Act 1994 ;\n- (b) Transport Operations (Marine Pollution) Act 1995 ;\n- (c) TOMSA ;\n- (d) Transport Planning and Coordination Act 1994 .","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds all persons","content":"### sec.6 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Maritime Safety Queensland","content":"# Maritime Safety Queensland","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers of MSQ","content":"## Establishment, functions and powers of MSQ","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of MSQ","content":"### sec.7 Establishment of MSQ\n\nMaritime Safety Queensland ( MSQ ) is established.\nMSQ consists of—\nthe general manager; and\nemployees employed under section 12 ; and\nother employees employed under the Public Sector Act 2022 .\ns 7 amd 2008 No. 31 s 7 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.7-ssec.1) Maritime Safety Queensland ( MSQ ) is established.\n(sec.7-ssec.2) MSQ consists of— the general manager; and employees employed under section 12 ; and other employees employed under the Public Sector Act 2022 .\n- (a) the general manager; and\n- (b) employees employed under section 12 ; and\n- (c) other employees employed under the Public Sector Act 2022 .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions and powers of MSQ","content":"### sec.8 Functions and powers of MSQ\n\nMSQ has the following functions—\nfor TOMSA —\nto make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and\nto approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and\nto licence masters, crew members and pilots; and\nto set up and maintain aids to navigation; and\nto handle the investigation process into marine incidents; and\nto monitor and manage the movement of ships in Queensland waters; and\nto monitor and manage the operation and activities of ships in Queensland waters; and\nto monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;\nfor the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters;\nfor the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways;\nfor the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ;\nto develop strategies—\nfor marine safety; and\neducation campaign for the safe use of recreational ships\nto prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;\nto provide, or arrange for the provision of, maritime services including pilotage services;\nto monitor and manage—\nthe provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and\narrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;\nany other function conferred on MSQ under this or another Act.\nMSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.\nIn this section—\nDCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 .\ndomestic commercial vessel national law see the DCV application Act , section 20 .\nQueensland regulated ship see TOMSA , section 10A .\nresponsible pilotage entity , for a compulsory pilotage area, does not include MSQ.\ns 8 amd 2005 No. 22 s 4 ; 2006 No. 21 s 5 ; 2010 No. 19 s 188 ; 2013 No. 40 s 5 ; 2016 No. 3 s 66\n(sec.8-ssec.1) MSQ has the following functions— for TOMSA — to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and to licence masters, crew members and pilots; and to set up and maintain aids to navigation; and to handle the investigation process into marine incidents; and to monitor and manage the movement of ships in Queensland waters; and to monitor and manage the operation and activities of ships in Queensland waters; and to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships; for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters; for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways; for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ; to develop strategies— for marine safety; and education campaign for the safe use of recreational ships to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters; to provide, or arrange for the provision of, maritime services including pilotage services; to monitor and manage— the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services; any other function conferred on MSQ under this or another Act.\n(sec.8-ssec.2) MSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.\n(sec.8-ssec.3) In this section— DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 . domestic commercial vessel national law see the DCV application Act , section 20 . Queensland regulated ship see TOMSA , section 10A . responsible pilotage entity , for a compulsory pilotage area, does not include MSQ.\n- (a) for TOMSA — (i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and (ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and (iii) to licence masters, crew members and pilots; and (iv) to set up and maintain aids to navigation; and (v) to handle the investigation process into marine incidents; and (vi) to monitor and manage the movement of ships in Queensland waters; and (vii) to monitor and manage the operation and activities of ships in Queensland waters; and (viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;\n- (i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and\n- (ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and\n- (iii) to licence masters, crew members and pilots; and\n- (iv) to set up and maintain aids to navigation; and\n- (v) to handle the investigation process into marine incidents; and\n- (vi) to monitor and manage the movement of ships in Queensland waters; and\n- (vii) to monitor and manage the operation and activities of ships in Queensland waters; and\n- (viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;\n- (b) for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters;\n- (c) for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways;\n- (d) for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ;\n- (e) to develop strategies— (i) for marine safety; and Example— education campaign for the safe use of recreational ships (ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;\n- (i) for marine safety; and Example— education campaign for the safe use of recreational ships\n- (ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;\n- (f) to provide, or arrange for the provision of, maritime services including pilotage services;\n- (g) to monitor and manage— (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;\n- (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and\n- (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;\n- (h) any other function conferred on MSQ under this or another Act.\n- (i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and\n- (ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and\n- (iii) to licence masters, crew members and pilots; and\n- (iv) to set up and maintain aids to navigation; and\n- (v) to handle the investigation process into marine incidents; and\n- (vi) to monitor and manage the movement of ships in Queensland waters; and\n- (vii) to monitor and manage the operation and activities of ships in Queensland waters; and\n- (viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;\n- (i) for marine safety; and Example— education campaign for the safe use of recreational ships\n- (ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;\n- (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and\n- (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Chief executive’s responsibility","content":"### sec.9 Chief executive’s responsibility\n\nThe chief executive is responsible for the way MSQ performs its functions.\nWithout limiting subsection (1) , the chief executive is responsible for—\ndeciding the objectives, strategies and policies to be followed by MSQ; and\nensuring MSQ performs its functions in an appropriate, effective and efficient way.\nThe chief executive could establish performance measures for MSQ.\nThis section does not affect the chief executive’s responsibilities for the department under another Act.\n(sec.9-ssec.1) The chief executive is responsible for the way MSQ performs its functions.\n(sec.9-ssec.2) Without limiting subsection (1) , the chief executive is responsible for— deciding the objectives, strategies and policies to be followed by MSQ; and ensuring MSQ performs its functions in an appropriate, effective and efficient way. The chief executive could establish performance measures for MSQ.\n(sec.9-ssec.3) This section does not affect the chief executive’s responsibilities for the department under another Act.\n- (a) deciding the objectives, strategies and policies to be followed by MSQ; and\n- (b) ensuring MSQ performs its functions in an appropriate, effective and efficient way. Example— The chief executive could establish performance measures for MSQ.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"The general manager","content":"## The general manager","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Appointment of general manager","content":"### sec.10 Appointment of general manager\n\nThe Governor in Council appoints the general manager for MSQ (the general manager ).\nThe general manager is to be employed as a senior executive under the Public Sector Act 2022 .\nHowever, despite the Public Sector Act 2022 , the general manager is to be paid the remuneration decided by the Governor in Council.\ns 10 amd 2008 No. 31 s 8 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 ; 2024 No. 2 s 10 ; 2024 No. 45 s 133B\n(sec.10-ssec.1) The Governor in Council appoints the general manager for MSQ (the general manager ).\n(sec.10-ssec.2) The general manager is to be employed as a senior executive under the Public Sector Act 2022 .\n(sec.10-ssec.3) However, despite the Public Sector Act 2022 , the general manager is to be paid the remuneration decided by the Governor in Council.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions and powers of general manager","content":"### sec.11 Functions and powers of general manager\n\nThe general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.\nWithout limiting subsection (1) , the general manager must—\nadvise the chief executive in relation to employment conditions of employees employed under section 12 ; and\ndirect employees employed under section 12 in the performance of the employees’ duties.\nThe general manager has power to do anything necessary or convenient to be done for the performance of the general manager’s functions.\nIn exercising a power, the general manager is accountable to the chief executive under the Public Sector Act 2022 .\ns 11 amd 2006 No. 21 s 6 ; 2009 No. 25 s 83 sch ; 2009 No. 47 s 4 ; 2022 No. 34 s 365 sch 3\n(sec.11-ssec.1) The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.\n(sec.11-ssec.2) Without limiting subsection (1) , the general manager must— advise the chief executive in relation to employment conditions of employees employed under section 12 ; and direct employees employed under section 12 in the performance of the employees’ duties.\n(sec.11-ssec.3) The general manager has power to do anything necessary or convenient to be done for the performance of the general manager’s functions.\n(sec.11-ssec.4) In exercising a power, the general manager is accountable to the chief executive under the Public Sector Act 2022 .\n- (a) advise the chief executive in relation to employment conditions of employees employed under section 12 ; and\n- (b) direct employees employed under section 12 in the performance of the employees’ duties.","sortOrder":14},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Delegation of functions of general manager","content":"### sec.11A Delegation of functions of general manager\n\nThe general manager may delegate to an appropriate person (the delegate ) a function of the general manager under this or another Act.\nThe delegation may permit the delegate to subdelegate the delegated function to an appropriate person.\nProof of a delegation by the general manager under subsection (1) is not required in a proceeding under the Transport Operations (Marine Pollution) Act 1995 or the Transport Operations (Marine Safety) Act 1994 unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.\nThe notice must be in the form approved by the general manager.\nThis section applies despite a provision to the contrary in an Act.\nIn this section—\nappropriate person means any of the following—\nan employee of MSQ;\nan authorised officer under the Transport Operations (Marine Pollution) Act 1995 ;\na shipping inspector under TOMSA .\nfunction includes a power.\ns 11A ins 2006 No. 21 s 7\namd 2016 No. 3 s 76 sch 1 ; 2018 No. 20 s 13\n(sec.11A-ssec.1) The general manager may delegate to an appropriate person (the delegate ) a function of the general manager under this or another Act.\n(sec.11A-ssec.2) The delegation may permit the delegate to subdelegate the delegated function to an appropriate person.\n(sec.11A-ssec.3) Proof of a delegation by the general manager under subsection (1) is not required in a proceeding under the Transport Operations (Marine Pollution) Act 1995 or the Transport Operations (Marine Safety) Act 1994 unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.\n(sec.11A-ssec.4) The notice must be in the form approved by the general manager.\n(sec.11A-ssec.5) This section applies despite a provision to the contrary in an Act.\n(sec.11A-ssec.6) In this section— appropriate person means any of the following— an employee of MSQ; an authorised officer under the Transport Operations (Marine Pollution) Act 1995 ; a shipping inspector under TOMSA . function includes a power.\n- (a) an employee of MSQ;\n- (b) an authorised officer under the Transport Operations (Marine Pollution) Act 1995 ;\n- (c) a shipping inspector under TOMSA .","sortOrder":15},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Acting general manager","content":"### sec.11B Acting general manager\n\nThe Minister may appoint an appropriately qualified person to act in the office of general manager if—\nthere is a vacancy in the office of general manager; or\nthe general manager is absent from duty or, for another reason, can not perform the duties of the office.\nThe person may be appointed to act in the office for a term of not more than 6 months.\nThe person may be reappointed to act in the office—\nif the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or\notherwise—by the Governor in Council.\nA person appointed or reappointed by the Minister under this section holds office on the terms and conditions, including remuneration and allowances, decided by the Minister.\nThis section does not otherwise limit or affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\ns 11B ins 2024 No. 45 s 133C\n(sec.11B-ssec.1) The Minister may appoint an appropriately qualified person to act in the office of general manager if— there is a vacancy in the office of general manager; or the general manager is absent from duty or, for another reason, can not perform the duties of the office.\n(sec.11B-ssec.2) The person may be appointed to act in the office for a term of not more than 6 months.\n(sec.11B-ssec.3) The person may be reappointed to act in the office— if the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or otherwise—by the Governor in Council.\n(sec.11B-ssec.4) A person appointed or reappointed by the Minister under this section holds office on the terms and conditions, including remuneration and allowances, decided by the Minister.\n(sec.11B-ssec.5) This section does not otherwise limit or affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\n- (a) there is a vacancy in the office of general manager; or\n- (b) the general manager is absent from duty or, for another reason, can not perform the duties of the office.\n- (a) if the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or\n- (b) otherwise—by the Governor in Council.","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Employees","content":"## Employees","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Employees","content":"### sec.12 Employees\n\nThe chief executive may employ—\npilots; and\nthe other employees the chief executive considers necessary to perform MSQ’s functions.\nHowever, the chief executive must not employ an individual as a pilot unless satisfied the individual is licensed under TOMSA as a pilot.\nSubject to any relevant industrial instrument, the chief executive may decide the employment conditions of employees employed under this section.\nEmployees employed under this section are employed under this Act and not the Public Sector Act 2022 .\nIn this section—\nemployment conditions includes conditions about the length of the employment and ending the employment.\ns 12 amd 2009 No. 25 s 83 sch ; 2013 No. 40 s 6 ; 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) The chief executive may employ— pilots; and the other employees the chief executive considers necessary to perform MSQ’s functions.\n(sec.12-ssec.2) However, the chief executive must not employ an individual as a pilot unless satisfied the individual is licensed under TOMSA as a pilot.\n(sec.12-ssec.3) Subject to any relevant industrial instrument, the chief executive may decide the employment conditions of employees employed under this section.\n(sec.12-ssec.4) Employees employed under this section are employed under this Act and not the Public Sector Act 2022 .\n(sec.12-ssec.5) In this section— employment conditions includes conditions about the length of the employment and ending the employment.\n- (a) pilots; and\n- (b) the other employees the chief executive considers necessary to perform MSQ’s functions.","sortOrder":18},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Preservation of rights of particular public service officers","content":"### sec.12A Preservation of rights of particular public service officers\n\nThis section applies if—\na person is employed under section 12 , other than as a pilot; and\nthe person was a public service officer immediately before being employed under section 12 .\nThe person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 12 were a continuation of service as a public service officer.\nlong service, recreation and sick leave and rights as a member of a superannuation scheme\ns 12A ins 2010 No. 19 s 189\namd 2013 No. 40 s 7\n(sec.12A-ssec.1) This section applies if— a person is employed under section 12 , other than as a pilot; and the person was a public service officer immediately before being employed under section 12 .\n(sec.12A-ssec.2) The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 12 were a continuation of service as a public service officer. long service, recreation and sick leave and rights as a member of a superannuation scheme\n- (a) a person is employed under section 12 , other than as a pilot; and\n- (b) the person was a public service officer immediately before being employed under section 12 .","sortOrder":19},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Tenure as public service officer on ending of particular employment contracts","content":"### sec.12B Tenure as public service officer on ending of particular employment contracts\n\nThis section applies if—\na person is employed on contract under section 12 , other than as a pilot; and\nthe contract—\nis terminated other than by disciplinary action; or\nexpires and is not renewed or replaced by another contract of employment under section 12 ; and\nimmediately before the person was first employed under the contract, the person was employed as a public service officer on tenure.\nThe person becomes a public service officer employed on tenure.\nThe person is to be employed—\nat the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and\non the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure.\ns 12B ins 2010 No. 19 s 189\namd 2013 No. 40 s 8\n(sec.12B-ssec.1) This section applies if— a person is employed on contract under section 12 , other than as a pilot; and the contract— is terminated other than by disciplinary action; or expires and is not renewed or replaced by another contract of employment under section 12 ; and immediately before the person was first employed under the contract, the person was employed as a public service officer on tenure.\n(sec.12B-ssec.2) The person becomes a public service officer employed on tenure.\n(sec.12B-ssec.3) The person is to be employed— at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure.\n- (a) a person is employed on contract under section 12 , other than as a pilot; and\n- (b) the contract— (i) is terminated other than by disciplinary action; or (ii) expires and is not renewed or replaced by another contract of employment under section 12 ; and\n- (i) is terminated other than by disciplinary action; or\n- (ii) expires and is not renewed or replaced by another contract of employment under section 12 ; and\n- (c) immediately before the person was first employed under the contract, the person was employed as a public service officer on tenure.\n- (i) is terminated other than by disciplinary action; or\n- (ii) expires and is not renewed or replaced by another contract of employment under section 12 ; and\n- (a) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and\n- (b) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure.","sortOrder":20},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Transfer of pilotage services","content":"# Transfer of pilotage services","sortOrder":21},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":22},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.12C Definitions for pt 2A\n\nIn this part—\nasset includes a right.\nGladstone port authority means Gladstone Ports Corporation Limited ACN 131 965 896.\nGladstone ports entity means—\nif, before the transfer day, Gladstone port authority entered into a written agreement with a subsidiary of Gladstone port authority for the subsidiary to provide pilotage services and the general manager approves the agreement—the subsidiary; or\notherwise—Gladstone port authority.\nnew employer , of a transferred employee, see section 12D .\npilot transfer crew member means a person—\nwho, immediately before the transfer day, was an employee of the State; and\nto whom the Maritime Safety Queensland Gladstone Pilot Transfer Crew Certified Agreement 2009–2012 applied immediately before the transfer day.\ntransfer day means the day this part commences.\ntransfer notice see section 12F .\ntransferred administration employee means a person who—\nimmediately before the transfer day was an employee of the State and employed under the Public Service Act 2008 ; and\nwas offered by a port authority or Gladstone ports entity (each a receiving entity ) a transfer of employment from the State to the receiving entity, and for the employment to start on the transfer day; and\naccepted the receiving entity’s offer before the transfer day.\ntransferred employee means any of the following—\na pilot transfer crew member;\na transferred administration employee;\na transferred pilot.\ntransferred pilot means a person who—\nimmediately before the transfer day was an employee of the State and based in the department’s regional office in Cairns, Gladstone, Mackay or Townsville; and\nwas employed under section 12 (1) (a) as a pilot.\ntransferred pilotage area see section 12E .\ns 12C ins 2013 No. 40 s 9\n- (a) if, before the transfer day, Gladstone port authority entered into a written agreement with a subsidiary of Gladstone port authority for the subsidiary to provide pilotage services and the general manager approves the agreement—the subsidiary; or\n- (b) otherwise—Gladstone port authority.\n- (a) who, immediately before the transfer day, was an employee of the State; and\n- (b) to whom the Maritime Safety Queensland Gladstone Pilot Transfer Crew Certified Agreement 2009–2012 applied immediately before the transfer day.\n- (a) immediately before the transfer day was an employee of the State and employed under the Public Service Act 2008 ; and\n- (b) was offered by a port authority or Gladstone ports entity (each a receiving entity ) a transfer of employment from the State to the receiving entity, and for the employment to start on the transfer day; and\n- (c) accepted the receiving entity’s offer before the transfer day.\n- (a) a pilot transfer crew member;\n- (b) a transferred administration employee;\n- (c) a transferred pilot.\n- (a) immediately before the transfer day was an employee of the State and based in the department’s regional office in Cairns, Gladstone, Mackay or Townsville; and\n- (b) was employed under section 12 (1) (a) as a pilot.","sortOrder":23},{"sectionNumber":"sec.12D","sectionType":"section","heading":"Who is the new employer of a transferred employee","content":"### sec.12D Who is the new employer of a transferred employee\n\nThe new employer of a transferred employee is—\nfor a transferred employee who is a transferred pilot—\nif the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or\nif the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or\nif the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or\nif the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or\nfor a transferred employee who is a pilot transfer crew member—Gladstone ports entity; or\nfor a transferred employee who is a transferred administration employee—the port authority or Gladstone ports entity that offered the employee transfer of employment.\ns 12D ins 2013 No. 40 s 9\n- (a) for a transferred employee who is a transferred pilot— (i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or (ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or (iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or (iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or\n- (i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or\n- (ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or\n- (iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or\n- (iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or\n- (b) for a transferred employee who is a pilot transfer crew member—Gladstone ports entity; or\n- (c) for a transferred employee who is a transferred administration employee—the port authority or Gladstone ports entity that offered the employee transfer of employment.\n- (i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or\n- (ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or\n- (iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or\n- (iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or","sortOrder":24},{"sectionNumber":"sec.12E","sectionType":"section","heading":"What is a transferred pilotage area","content":"### sec.12E What is a transferred pilotage area\n\nA transferred pilotage area is a compulsory pilotage area, other than the following—\nBrisbane pilotage area;\nSouthport pilotage area.\nIn this section—\nBrisbane pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\nSouthport pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\ns 12E ins 2013 No. 40 s 9\n(sec.12E-ssec.1) A transferred pilotage area is a compulsory pilotage area, other than the following— Brisbane pilotage area; Southport pilotage area.\n(sec.12E-ssec.2) In this section— Brisbane pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. Southport pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\n- (a) Brisbane pilotage area;\n- (b) Southport pilotage area.","sortOrder":25},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Transfer of assets and liabilities, etc.","content":"## Transfer of assets and liabilities, etc.","sortOrder":26},{"sectionNumber":"sec.12F","sectionType":"section","heading":"Transfer notice","content":"### sec.12F Transfer notice\n\nFor the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following—\ntransfer an asset or a liability of the State to a port authority;\nmake provision about the consideration for an asset or a liability transferred under paragraph (a) ;\ntransfer a lease, easement or other right from the State to a port authority;\nvary or extinguish a lease, easement or other right held by the State;\nprovide whether and, if so, the extent to which a port authority is the successor in law of the State;\nmake provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority;\nmake provision for or about the issue, transfer or application of an instrument to a port authority;\nmake provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.\nA transfer notice has effect on the day it is published in the gazette or a later day stated in it.\nIf a transfer notice makes provision for a matter under subsection (1) (g) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nIn this section—\nport authority includes Gladstone ports entity.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\ns 12F ins 2013 No. 40 s 9\n(sec.12F-ssec.1) For the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer an asset or a liability of the State to a port authority; make provision about the consideration for an asset or a liability transferred under paragraph (a) ; transfer a lease, easement or other right from the State to a port authority; vary or extinguish a lease, easement or other right held by the State; provide whether and, if so, the extent to which a port authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority; make provision for or about the issue, transfer or application of an instrument to a port authority; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service.\n(sec.12F-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.12F-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.12F-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.\n(sec.12F-ssec.5) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n(sec.12F-ssec.6) If a transfer notice makes provision for a matter under subsection (1) (g) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.12F-ssec.7) In this section— port authority includes Gladstone ports entity. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer an asset or a liability of the State to a port authority;\n- (b) make provision about the consideration for an asset or a liability transferred under paragraph (a) ;\n- (c) transfer a lease, easement or other right from the State to a port authority;\n- (d) vary or extinguish a lease, easement or other right held by the State;\n- (e) provide whether and, if so, the extent to which a port authority is the successor in law of the State;\n- (f) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority;\n- (g) make provision for or about the issue, transfer or application of an instrument to a port authority;\n- (h) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service.\n- (a) signed by the Minister; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.","sortOrder":27},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Transfer of employees and contracts","content":"## Transfer of employees and contracts","sortOrder":28},{"sectionNumber":"sec.12G","sectionType":"section","heading":"Matters for transfer of transferred employees","content":"### sec.12G Matters for transfer of transferred employees\n\nOn the transfer day—\na transferred employee ceases to be an employee of the State; and\na transferred employee becomes an employee of the new employer for the transferred employee; and\nfor a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and\nemployment on a part-time or full-time basis\nthe State’s records for a transferred employee become records of the new employer for the transferred employee; and\nthe State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee.\nIn this section—\nrecords means the records of the State that have been identified by the general manager before the transfer day as records about the employment of a transferred employee who is to be transferred to the new employer for the transferred employee.\ns 12G ins 2013 No. 40 s 9\n(sec.12G-ssec.1) On the transfer day— a transferred employee ceases to be an employee of the State; and a transferred employee becomes an employee of the new employer for the transferred employee; and for a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and employment on a part-time or full-time basis the State’s records for a transferred employee become records of the new employer for the transferred employee; and the State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee.\n(sec.12G-ssec.2) In this section— records means the records of the State that have been identified by the general manager before the transfer day as records about the employment of a transferred employee who is to be transferred to the new employer for the transferred employee.\n- (a) a transferred employee ceases to be an employee of the State; and\n- (b) a transferred employee becomes an employee of the new employer for the transferred employee; and\n- (c) for a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and Example of a condition of employment— employment on a part-time or full-time basis\n- (d) the State’s records for a transferred employee become records of the new employer for the transferred employee; and\n- (e) the State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee.","sortOrder":29},{"sectionNumber":"sec.12H","sectionType":"section","heading":"Preservation of rights of transferred employees","content":"### sec.12H Preservation of rights of transferred employees\n\nThe transfer of a transferred employee to the new employer for the transferred employee does not—\nsubject to subsection (2) , affect the employee’s total remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nsubject to subsection (3) —\nconstitute a retrenchment, redundancy or termination of the employee’s employment by the State; or\nentitle the employee to a payment or other benefit because the employee is no longer employed by the State; or\nrequire the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee.\nA transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer.\nSubsection (1) (d) applies to a transferred pilot subject to the Fair Work Act .\nSubsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member.\nSubject to the Fair Work Act , an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day.\nIn this section—\nindustrial instrument includes a federal industrial instrument under the Industrial Relations Act 2016 .\ns 12H ins 2013 No. 40 s 9\namd 2016 No. 63 s 1157 sch 6\n(sec.12H-ssec.1) The transfer of a transferred employee to the new employer for the transferred employee does not— subject to subsection (2) , affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or subject to subsection (3) — constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee.\n(sec.12H-ssec.2) A transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer.\n(sec.12H-ssec.3) Subsection (1) (d) applies to a transferred pilot subject to the Fair Work Act .\n(sec.12H-ssec.4) Subsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member.\n(sec.12H-ssec.5) Subject to the Fair Work Act , an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day.\n(sec.12H-ssec.6) In this section— industrial instrument includes a federal industrial instrument under the Industrial Relations Act 2016 .\n- (a) subject to subsection (2) , affect the employee’s total remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) subject to subsection (3) — (i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or (ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or\n- (i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or\n- (ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or\n- (e) require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee.\n- (i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or\n- (ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or","sortOrder":30},{"sectionNumber":"sec.12I","sectionType":"section","heading":"Contracts relating to transferred pilots","content":"### sec.12I Contracts relating to transferred pilots\n\nThis section applies to a contract entered into by the State relating or incidental to the employment of a transferred pilot that was in force immediately before the transfer day.\na contract for a mobile phone or lease of a vehicle that is part of a transferred pilot’s salary package provided by the State\nOn the transfer day, to the extent the contract applies to the transferred pilot—\nthe new employer for the transferred pilot takes the place of the State as a party to the contract; and\nthe contract may be enforced by or against the new employer.\nCompensation is not recoverable from the State or anyone else in relation to the transfer from the State to the new employer for the transferred pilot of the rights and obligations under a contract to which this section applies.\nIn this section—\ncontract , for a contract that only partly relates to a transferred pilot, means that part of the contract relating to the transferred pilot.\ns 12I ins 2013 No. 40 s 9\n(sec.12I-ssec.1) This section applies to a contract entered into by the State relating or incidental to the employment of a transferred pilot that was in force immediately before the transfer day. a contract for a mobile phone or lease of a vehicle that is part of a transferred pilot’s salary package provided by the State\n(sec.12I-ssec.2) On the transfer day, to the extent the contract applies to the transferred pilot— the new employer for the transferred pilot takes the place of the State as a party to the contract; and the contract may be enforced by or against the new employer.\n(sec.12I-ssec.3) Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the new employer for the transferred pilot of the rights and obligations under a contract to which this section applies.\n(sec.12I-ssec.4) In this section— contract , for a contract that only partly relates to a transferred pilot, means that part of the contract relating to the transferred pilot.\n- (a) the new employer for the transferred pilot takes the place of the State as a party to the contract; and\n- (b) the contract may be enforced by or against the new employer.","sortOrder":31},{"sectionNumber":"sec.12J","sectionType":"section","heading":"Pilotage service contracts","content":"### sec.12J Pilotage service contracts\n\nThis section applies to a contract for services, entered into by the State for the supply of a pilotage service or pilotage services in 1 or more transferred pilotage areas, that was in force immediately before the transfer day.\nOn the transfer day, to the extent the contract applies to a transferred pilotage area—\nthe pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and\nthe contract may be enforced by or against the pilotage entity.\nCompensation is not recoverable from the State or anyone else in relation to the transfer from the State to the pilotage entity for each of the transferred pilotage areas of the rights and obligations under a contract to which this section applies.\nIn this section—\nBundaberg pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\ncontract , for a contract that only partly relates to a pilotage service, means the part of the contract relating to the pilotage service.\nGladstone pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\npilotage entity , for a transferred pilotage area, means—\nfor a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or\nfor a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or\notherwise—the responsible pilotage entity for the transferred pilotage area.\nRockhampton pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\ns 12J ins 2013 No. 40 s 9\n(sec.12J-ssec.1) This section applies to a contract for services, entered into by the State for the supply of a pilotage service or pilotage services in 1 or more transferred pilotage areas, that was in force immediately before the transfer day.\n(sec.12J-ssec.2) On the transfer day, to the extent the contract applies to a transferred pilotage area— the pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and the contract may be enforced by or against the pilotage entity.\n(sec.12J-ssec.3) Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the pilotage entity for each of the transferred pilotage areas of the rights and obligations under a contract to which this section applies.\n(sec.12J-ssec.4) In this section— Bundaberg pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. contract , for a contract that only partly relates to a pilotage service, means the part of the contract relating to the pilotage service. Gladstone pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. pilotage entity , for a transferred pilotage area, means— for a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or for a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or otherwise—the responsible pilotage entity for the transferred pilotage area. Rockhampton pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.\n- (a) the pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and\n- (b) the contract may be enforced by or against the pilotage entity.\n- (a) for a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or\n- (b) for a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or\n- (c) otherwise—the responsible pilotage entity for the transferred pilotage area.","sortOrder":32},{"sectionNumber":"pt.2A-div.4","sectionType":"division","heading":"Other matters for transferring pilotage services","content":"## Other matters for transferring pilotage services","sortOrder":33},{"sectionNumber":"sec.12K","sectionType":"section","heading":"Non-liability for duty","content":"### sec.12K Non-liability for duty\n\nNo duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.\ns 12K ins 2013 No. 40 s 9","sortOrder":34},{"sectionNumber":"sec.12L","sectionType":"section","heading":"Disposal of public records","content":"### sec.12L Disposal of public records\n\nThis section applies if—\na thing is done under a transfer notice or section 12G ; and\nthe thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\nTo remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\ns 12L ins 2013 No. 40 s 9\namd 2023 No. 33 s 107 sch 5\n(sec.12L-ssec.1) This section applies if— a thing is done under a transfer notice or section 12G ; and the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\n(sec.12L-ssec.2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\n- (a) a thing is done under a transfer notice or section 12G ; and\n- (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .","sortOrder":35},{"sectionNumber":"sec.12M","sectionType":"section","heading":"Application of instruments","content":"### sec.12M Application of instruments\n\nThis section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State.\nWithout limiting the application of the transfer notice or the section to the instrument—\nany right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and\nif the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and\nthe port authority is taken to be a party to the instrument in place of the State; and\na reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and\nif an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and\nif the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and\nif the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State.\nIn this section—\nport authority includes Gladstone ports entity.\ns 12M ins 2013 No. 40 s 9\n(sec.12M-ssec.1) This section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State.\n(sec.12M-ssec.2) Without limiting the application of the transfer notice or the section to the instrument— any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and the port authority is taken to be a party to the instrument in place of the State; and a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State.\n(sec.12M-ssec.3) In this section— port authority includes Gladstone ports entity.\n- (a) any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and\n- (b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and\n- (c) the port authority is taken to be a party to the instrument in place of the State; and\n- (d) a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and\n- (e) if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and\n- (f) if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and\n- (g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State.","sortOrder":36},{"sectionNumber":"sec.12N","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.12N Registering authority to note transfer or other dealing\n\nThe registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities—\nmay, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\nmust, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority.\nA transaction, related to an asset or liability transferred to a transferee port authority, entered into by the transferee port authority in the name of the State or the name of a predecessor in title to the State, if effected by an instrument otherwise in registrable form, must be registered even though the transferee port authority has not been registered as proprietor of the asset or liability.\nIf an asset or liability is registered in the name of the State, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\nIn this section—\nport authority includes Gladstone ports entity.\ntransferee port authority means the port authority to which an asset or liability is transferred under a transfer notice.\ns 12N ins 2013 No. 40 s 9\n(sec.12N-ssec.1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and must, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority.\n(sec.12N-ssec.2) A transaction, related to an asset or liability transferred to a transferee port authority, entered into by the transferee port authority in the name of the State or the name of a predecessor in title to the State, if effected by an instrument otherwise in registrable form, must be registered even though the transferee port authority has not been registered as proprietor of the asset or liability.\n(sec.12N-ssec.3) If an asset or liability is registered in the name of the State, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\n(sec.12N-ssec.4) In this section— port authority includes Gladstone ports entity. transferee port authority means the port authority to which an asset or liability is transferred under a transfer notice.\n- (a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\n- (b) must, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority.","sortOrder":37},{"sectionNumber":"sec.12O","sectionType":"section","heading":"Part applies despite other laws and instruments","content":"### sec.12O Part applies despite other laws and instruments\n\nSubject to the Fair Work Act , a thing may be done under this part despite any other law or instrument.\ns 12O ins 2013 No. 40 s 9","sortOrder":38},{"sectionNumber":"sec.12P","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.12P Effect on legal relationships\n\nNothing done under this part—\nmakes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as expressly provided under a transfer notice, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\na port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity.\ns 12P ins 2013 No. 40 s 9\n(sec.12P-ssec.1) Nothing done under this part— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.12P-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.12P-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.\n(sec.12P-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity.\n- (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) a port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity.","sortOrder":39},{"sectionNumber":"sec.12Q","sectionType":"section","heading":"Things done under this part","content":"### sec.12Q Things done under this part\n\nTo remove any doubt, it is declared that a thing is taken to be done under this part if it is done by, or in compliance with, a transfer notice, even if the thing includes taking steps under another Act.\ns 12Q ins 2013 No. 40 s 9","sortOrder":40},{"sectionNumber":"sec.12R","sectionType":"section","heading":"Severability","content":"### sec.12R Severability\n\nSubsection (2) applies if a provision of this part or a transfer notice is held by a court or judge to be beyond power, invalid or unenforceable.\nThe provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the part or transfer notice that continue to have effect.\nThis section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.\ns 12R ins 2013 No. 40 s 9\n(sec.12R-ssec.1) Subsection (2) applies if a provision of this part or a transfer notice is held by a court or judge to be beyond power, invalid or unenforceable.\n(sec.12R-ssec.2) The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the part or transfer notice that continue to have effect.\n(sec.12R-ssec.3) This section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.","sortOrder":41},{"sectionNumber":"pt.3","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":42},{"sectionNumber":"sec.13","sectionType":"section","heading":"Fund","content":"### sec.13 Fund\n\nThe Maritime Safety Queensland Fund is established.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nAmounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.\nAmounts received for the fund include the following received by the department—\namounts received for pilotage fees and conservancy dues under TOMSA ;\namounts received by the department from other sources for the fund or amounts that must be paid into the fund;\namounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund;\ninterest from investment of the fund.\nAn amount is payable from the fund for the purposes of this Act.\nWithout limiting subsection (5) , an amount may be paid from the fund to the responsible pilotage entity for a compulsory pilotage area for providing, or arranging for the provision of, a pilotage service in the pilotage area.\nThe Financial Accountability Act 2009 applies to the fund.\nIn this section—\ndepartmental accounts of the department means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial institution account of the department means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nother amounts of the department means amounts received by the department other than amounts received for the fund.\ns 13 amd 2009 No. 9 s 136 sch 1 ; 2010 No. 13 s 138 sch pt 1 ; 2013 No. 40 s 10 ; 2016 No. 3 s 76 sch 1\n(sec.13-ssec.1) The Maritime Safety Queensland Fund is established.\n(sec.13-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.13-ssec.3) Amounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.\n(sec.13-ssec.4) Amounts received for the fund include the following received by the department— amounts received for pilotage fees and conservancy dues under TOMSA ; amounts received by the department from other sources for the fund or amounts that must be paid into the fund; amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund; interest from investment of the fund.\n(sec.13-ssec.5) An amount is payable from the fund for the purposes of this Act.\n(sec.13-ssec.6) Without limiting subsection (5) , an amount may be paid from the fund to the responsible pilotage entity for a compulsory pilotage area for providing, or arranging for the provision of, a pilotage service in the pilotage area.\n(sec.13-ssec.7) The Financial Accountability Act 2009 applies to the fund.\n(sec.13-ssec.8) In this section— departmental accounts of the department means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial institution account of the department means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts of the department means amounts received by the department other than amounts received for the fund.\n- (a) amounts received for pilotage fees and conservancy dues under TOMSA ;\n- (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund;\n- (c) amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund;\n- (d) interest from investment of the fund.","sortOrder":43},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":44},{"sectionNumber":"sec.14","sectionType":"section","heading":"Regulation-making power","content":"### sec.14 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":45},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":46},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Transitional provision for pilotage service contracts","content":"## Transitional provision for pilotage service contracts","sortOrder":47},{"sectionNumber":"sec.15","sectionType":"section","heading":"Pilotage service contracts","content":"### sec.15 Pilotage service contracts\n\nThis section applies to a contract in force immediately before the commencement of this section if the contract was—\na contract for services entered into by the department or a port authority for the supply of a pilotage service; or\na written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service.\nOn the commencement—\nfor a contract for services—\nMSQ takes the place of the department or port authority as a party to the contract; and\nthe contract may be enforced by or against MSQ; and\nfor an employment contract—\nthe person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and\nthe person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority.\nlong service, recreation and sick leave and rights as a member of a superannuation scheme\nWithout limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement.\nSubsection (3) has effect subject to the Industrial Relations Act 1999 .\nCompensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies.\nThis section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship.\nIn this section—\ncontract , for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service.\n(sec.15-ssec.1) This section applies to a contract in force immediately before the commencement of this section if the contract was— a contract for services entered into by the department or a port authority for the supply of a pilotage service; or a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service.\n(sec.15-ssec.2) On the commencement— for a contract for services— MSQ takes the place of the department or port authority as a party to the contract; and the contract may be enforced by or against MSQ; and for an employment contract— the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. long service, recreation and sick leave and rights as a member of a superannuation scheme\n(sec.15-ssec.3) Without limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement.\n(sec.15-ssec.4) Subsection (3) has effect subject to the Industrial Relations Act 1999 .\n(sec.15-ssec.5) Compensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies.\n(sec.15-ssec.6) This section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship.\n(sec.15-ssec.7) In this section— contract , for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service.\n- (a) a contract for services entered into by the department or a port authority for the supply of a pilotage service; or\n- (b) a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service.\n- (a) for a contract for services— (i) MSQ takes the place of the department or port authority as a party to the contract; and (ii) the contract may be enforced by or against MSQ; and\n- (i) MSQ takes the place of the department or port authority as a party to the contract; and\n- (ii) the contract may be enforced by or against MSQ; and\n- (b) for an employment contract— (i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and (ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements— long service, recreation and sick leave and rights as a member of a superannuation scheme\n- (i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and\n- (ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements— long service, recreation and sick leave and rights as a member of a superannuation scheme\n- (i) MSQ takes the place of the department or port authority as a party to the contract; and\n- (ii) the contract may be enforced by or against MSQ; and\n- (i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and\n- (ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements— long service, recreation and sick leave and rights as a member of a superannuation scheme","sortOrder":48},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provisions for Transport Legislation Amendment Act 2008 , part 2","content":"## Transitional provisions for Transport Legislation Amendment Act 2008 , part 2","sortOrder":49},{"sectionNumber":"sec.16","sectionType":"section","heading":"Change of name does not affect legal personality etc.","content":"### sec.16 Change of name does not affect legal personality etc.\n\nThe change of name of MSQ from ‘Maritime Safety Agency of Queensland’ to ‘Maritime Safety Queensland’ does not—\naffect MSQ’s legal personality or identity; or\naffect a right, entitlement or liability of MSQ or anyone else; or\nmake legal proceedings by or against MSQ defective.\nWithout limiting subsection (1), the change of name of MSQ does not affect any right, entitlement, liability or benefit MSQ would have had or enjoyed apart from the change of name.\nIn addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against MSQ under its former name may be started or continued by or against it under its new name.\ns 16 ins 2008 No. 31 s 10\n(sec.16-ssec.1) The change of name of MSQ from ‘Maritime Safety Agency of Queensland’ to ‘Maritime Safety Queensland’ does not— affect MSQ’s legal personality or identity; or affect a right, entitlement or liability of MSQ or anyone else; or make legal proceedings by or against MSQ defective.\n(sec.16-ssec.2) Without limiting subsection (1), the change of name of MSQ does not affect any right, entitlement, liability or benefit MSQ would have had or enjoyed apart from the change of name.\n(sec.16-ssec.3) In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against MSQ under its former name may be started or continued by or against it under its new name.\n- (a) affect MSQ’s legal personality or identity; or\n- (b) affect a right, entitlement or liability of MSQ or anyone else; or\n- (c) make legal proceedings by or against MSQ defective.","sortOrder":50},{"sectionNumber":"sec.17","sectionType":"section","heading":"References to Maritime Safety Agency of Queensland","content":"### sec.17 References to Maritime Safety Agency of Queensland\n\nA reference in an Act or document to the Maritime Safety Agency of Queensland may, if the context permits, be taken as a reference to Maritime Safety Queensland.\ns 17 ins 2008 No. 31 s 10","sortOrder":51},{"sectionNumber":"sec.18","sectionType":"section","heading":"Recording MSQ’s changed name in register","content":"### sec.18 Recording MSQ’s changed name in register\n\nThe registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by MSQ in the appropriate form, and on payment of any fee, record in the register, for any property vested in MSQ, the change of name of MSQ from ‘Maritime Safety Agency of Queensland’ to ‘Maritime Safety Queensland’.\ns 18 ins 2008 No. 31 s 10\namd 2013 No. 40 s 11","sortOrder":52},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Transitional provisions for Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013","content":"## Transitional provisions for Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013","sortOrder":53},{"sectionNumber":"sec.19","sectionType":"section","heading":"Immunity for general employers","content":"### sec.19 Immunity for general employers\n\nThis section applies to a transferred pilot who is—\na conducting pilot under TOMSA, section 101 if the conducting pilot—\nis acting in the supply of a pilotage service in a transferred pilotage area; and\nhas the conduct of a ship as its pilot immediately before and immediately after the transfer day; or\na supervising pilot, under section 101 of that Act, of the conducting pilot.\nDespite TOMSA, section 101(5), definition general employer , the general employer of the transferred pilot for section 101 of that Act is both—\nMSQ; and\nthe new employer of the transferred pilot.\nSubsection (2) applies while the conducting pilot has the conduct of a ship as its pilot.\ns 19 ins 2013 No. 40 s 12\n(sec.19-ssec.1) This section applies to a transferred pilot who is— a conducting pilot under TOMSA, section 101 if the conducting pilot— is acting in the supply of a pilotage service in a transferred pilotage area; and has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or a supervising pilot, under section 101 of that Act, of the conducting pilot.\n(sec.19-ssec.2) Despite TOMSA, section 101(5), definition general employer , the general employer of the transferred pilot for section 101 of that Act is both— MSQ; and the new employer of the transferred pilot.\n(sec.19-ssec.3) Subsection (2) applies while the conducting pilot has the conduct of a ship as its pilot.\n- (a) a conducting pilot under TOMSA, section 101 if the conducting pilot— (i) is acting in the supply of a pilotage service in a transferred pilotage area; and (ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or\n- (i) is acting in the supply of a pilotage service in a transferred pilotage area; and\n- (ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or\n- (b) a supervising pilot, under section 101 of that Act, of the conducting pilot.\n- (i) is acting in the supply of a pilotage service in a transferred pilotage area; and\n- (ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or\n- (a) MSQ; and\n- (b) the new employer of the transferred pilot.","sortOrder":54},{"sectionNumber":"sec.20","sectionType":"section","heading":"Licences of transferred pilots not affected by transfer of pilotage services","content":"### sec.20 Licences of transferred pilots not affected by transfer of pilotage services\n\nTo remove any doubt, it is declared that a transferred pilot’s licence to have the conduct of a ship as its pilot, in force immediately before the transfer day, continues in force from the transfer day as if part 2A had not commenced.\ns 20 ins 2013 No. 40 s 12","sortOrder":55},{"sectionNumber":"sec.21","sectionType":"section","heading":"References to the State or MSQ in documents","content":"### sec.21 References to the State or MSQ in documents\n\nA reference to the State or MSQ in a document about a transferred employee may, if the context permits, be taken to be a reference to the new employer for the transferred employee.\nA reference to the State or MSQ in a document relating to the transfer of a pilotage service from MSQ to a port authority may, if the context permits, be taken to be a reference to the port authority.\nIn this section—\nport authority includes Gladstone ports entity.\ns 21 ins 2013 No. 40 s 12\n(sec.21-ssec.1) A reference to the State or MSQ in a document about a transferred employee may, if the context permits, be taken to be a reference to the new employer for the transferred employee.\n(sec.21-ssec.2) A reference to the State or MSQ in a document relating to the transfer of a pilotage service from MSQ to a port authority may, if the context permits, be taken to be a reference to the port authority.\n(sec.21-ssec.3) In this section— port authority includes Gladstone ports entity.","sortOrder":56},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Validation provision for Queensland Community Safety Act 2024","content":"## Validation provision for Queensland Community Safety Act 2024","sortOrder":57},{"sectionNumber":"sec.22","sectionType":"section","heading":"Particular appointments to office of general manager","content":"### sec.22 Particular appointments to office of general manager\n\nThis section applies in relation to a person who, at any time before 24 April 2024—\nwas purportedly employed as general manager without having been appointed to the office of general manager under this Act; or\nwas purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.\nIt is declared that—\ndespite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and\na contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and\neach relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and\nanything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.\nIn this section—\ndone includes purportedly done.\nexercise or performance includes purported exercise or performance.\nmade includes purportedly made.\nrelevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act.\nthe Transport Infrastructure Act 1994\nthe Transport Operations (Marine Pollution) Act 1995\nthe Transport Operations (Marine Safety) Act 1994\nthe domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016\nthe Transport Planning and Coordination Act 1994\ns 22 ins 2024 No. 45 s 133E\n(sec.22-ssec.1) This section applies in relation to a person who, at any time before 24 April 2024— was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.\n(sec.22-ssec.2) It is declared that— despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.\n(sec.22-ssec.3) In this section— done includes purportedly done. exercise or performance includes purported exercise or performance. made includes purportedly made. relevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act. the Transport Infrastructure Act 1994 the Transport Operations (Marine Pollution) Act 1995 the Transport Operations (Marine Safety) Act 1994 the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 the Transport Planning and Coordination Act 1994\n- (a) was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or\n- (b) was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.\n- (a) despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and\n- (b) a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and\n- (c) each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and\n- (d) anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.\n- • the Transport Infrastructure Act 1994\n- • the Transport Operations (Marine Pollution) Act 1995\n- • the Transport Operations (Marine Safety) Act 1994\n- • the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016\n- • the Transport Planning and Coordination Act 1994","sortOrder":58}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2002 Act had a focused scope: create MSQ as a specialist maritime safety advisory and operational body. Over time, significant new scope was added through amendments: (1) in 2013 a whole new Part 2A was inserted to facilitate the transfer of pilotage services from MSQ to port authorities — essentially reversing part of MSQ's original operational role; (2) functions related to domestic commercial vessel national law were added reflecting a shift to cooperative Commonwealth-State regulation; (3) the monitoring and management of third-party pilotage entities was added, creating an oversight role that did not exist originally; and (4) the 2024 validation provisions addressed governance failures not contemplated at enactment. The Act evolved from a body-creation statute into a complex machinery law managing an ongoing privatisation/devolution of port pilotage services."},"complexity_factors":["Extensive cross-referencing to multiple other Queensland Acts (TOMSA, Transport Operations (Marine Pollution) Act 1995, Transport Infrastructure Act 1994, Transport Planning and Coordination Act 1994, Financial Accountability Act 2009, Public Sector Act 2022, Fair Work Act, Industrial Relations Act 2016, Duties Act 2001, Public Records Act 2023, Acts Interpretation Act 1954)","Multi-layered employee transfer provisions with different rules for different categories of employee (transferred pilots, pilot transfer crew members, transferred administration employees)","Interaction between State employment law and federal Fair Work Act creates a dual legal framework for transferred employees","Detailed asset and liability transfer mechanism using ministerial gazette notices with broad consequential legal effects","Multiple named port authorities with different geographic responsibilities, requiring careful mapping of which entity applies in each area","Retrospective validation provision (section 22) addressing past procedural irregularities in general manager appointments, with broad legal effects reaching back across multiple Acts","Severability clause and legal relationship protection provisions indicating anticipated complexity and potential legal challenges","Transitional provisions spanning multiple amendment Acts layered over the original 2002 framework"],"plain_english_summary":"The Maritime Safety Queensland Act 2002 establishes Maritime Safety Queensland (MSQ) as the agency that regulates safety, licensing, navigation aids, pollution response and management of vessels and public waterways in Queensland. It affects ship operators, pilots, crew, recreational boaters, port authorities and government maritime staff.\n\nA 2013 change transferred regional pilotage responsibilities and related staff, assets and liabilities to some port authorities while preserving employees’ pay, entitlements and service continuity. MSQ is funded by fees and dues; a 2024 amendment validates past decisions by an unappointed acting General Manager."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, while primarily creating MSQ for marine safety and pollution functions (s 4(1)), explicitly adds machinery to transfer pilotage services, assets, contracts and staff to port authorities (s 4(2); part 2A). Subsequent provisions expand operational, financial and transitional arrangements (pt 2A, s 13) and include validation and immunity measures (ss 12K, 22), extending the original administrative remit to enable structural reallocation of services and legal relationships."},"complexity_factors":["Multiple institutional layers and accountability lines: chief executive directs policy (s 9), Governor in Council appoints and sets remuneration for general manager (s 10), general manager manages operations and may delegate (ss 11, 11A).","Broad transfer powers by transfer notice: Minister may transfer assets, liabilities, leases, rights, proceedings and make consequential provisions without separate legislation (s 12F).","Extensive employee-transfer and employment-rights protections with interaction with federal industrial law and Fair Work Act (ss 12G–12H, 12O).","Contract novation and non-compensation rules for transferred pilots, pilotage contracts and other contracts — transfers substitute parties and bar compensation claims (ss 12I–12J).","Interplay and cross-references with multiple other Acts (TOMSA, Transport Operations (Marine Pollution) Act 1995, Transport Infrastructure Act 1994, DCV application Act) increasing legal interdependence (ss 4, 8, 5).","Administrative implementation burdens: registrar and other recording authorities instructed to note transfers without formal application, and instruments must be updated (ss 12N, 12F(6)).","Discretion and delegated-rule risks: transfer notices may reference external documents signed by Minister and kept for inspection, and may include conditions — creates administrative discretion (s 12F(3)).","Statutory immunities and validation clauses limit liability and validate past acts and appointments, affecting legal risk allocation (ss 12K, 12P, 22).","Severability and retrospective validation provisions which affect legal certainty and litigation risk (ss 12R, 22)."],"plain_english_summary":"Creates Maritime Safety Queensland (MSQ), establishes a general manager and employees, and gives MSQ statutory functions for marine safety, ship-sourced pollution and pilotage. The Act also lets the Minister transfer pilotage services, related assets, contracts and staff from the State to port authorities by gazette notice (part 2A). MSQ collects pilotage fees into a dedicated fund and the chief executive sets MSQ’s objectives while the general manager runs day-to-day operations (ss 4, 13, 9, 10–11)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original purpose of simply establishing MSQ. The original 2002 Act primarily created the entity and defined its functions. However, substantial amendments have added: (1) Part 2A (sections 12C-12R) — a detailed regime for transferring pilotage services to port authorities including complex employee transfer mechanisms, asset transfers, and contract novations; (2) Section 11B (2024) creating acting appointment mechanisms for the general manager; (3) Section 22 (2024) — retrospective validation provisions for improperly appointed general managers; and (4) Various transitional provisions across multiple amending Acts. The Act now functions as both an establishing statute and a complex transfer/validation mechanism, making it substantially broader than its original scope."},"complexity_factors":["Multiple cross-references to other Acts including TOMSA (Transport Operations (Marine Safety) Act 1994), Transport Operations (Marine Pollution) Act 1995, Transport Infrastructure Act 1994, and the Domestic Commercial Vessel National Law","Nested conditional logic in Part 2A regarding transfer of pilotage services, with multiple categories of transferred employees (pilots, pilot transfer crew members, administration employees) each with different rules","Complex machinery provisions for transferring assets, liabilities, employees and contracts between State and port authorities in sections 12C-12R","Multiple defined terms in section 12C and throughout requiring reference to Schedule 2 dictionary","Transitional and validation provisions spanning from 2002 to 2024, including retrospective validation of general manager appointments in section 22","Interaction between this Act, the Public Sector Act 2022, Fair Work Act, and various industrial instruments","Exception provisions in section 12P protecting entities from liability when transfers occur"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Maritime Safety Queensland (MSQ)** — a government body that handles marine safety, prevents ship pollution, and manages maritime operations in Queensland waters.\n\n**Who it affects:**\n- **Ship operators and pilots** — MSQ licenses masters, crew, and pilots; sets safety standards; and investigates marine incidents\n- **Port authorities** — the Act facilitates transferring pilotage services (guiding ships through harbours) from MSQ to port corporations\n- **Queensland taxpayers** — through the Maritime Safety Queensland Fund, which collects fees and pays for maritime services\n- **MSQ employees** — including a general manager appointed by the Governor in Council, pilots, and support staff\n\n**Key functions:**\n- Making and monitoring safety standards for ships\n- Licensing maritime workers\n- Maintaining navigation aids (like buoys and markers)\n- Managing public marine facilities\n- Preventing and responding to ship-sourced pollution\n- Providing or arranging pilotage services (though most have been transferred to port authorities)\n- Investigating marine accidents\n\n**Why it matters:**\nThis legislation keeps Queensland's waterways safe, protects the marine environment from pollution, and ensures ships navigate our waters properly. It also manages the complex transfer of harbour pilot services from government control to port authorities, protecting employee rights during these transfers.\n\n**Important notes:**\n- The Act works alongside other transport laws and doesn't limit them\n- It includes detailed rules about transferring employees, assets, and contracts when pilotage services move to port authorities\n- It validates past appointments of general managers who may have been employed without formal appointment"}},"importantCases":[],"_links":{"self":"/api/acts/maritime-safety-queensland-act-2002","history":"/api/acts/maritime-safety-queensland-act-2002/history","analysis":"/api/acts/maritime-safety-queensland-act-2002/analysis","conflicts":"/api/acts/maritime-safety-queensland-act-2002/conflicts","importantCases":"/api/acts/maritime-safety-queensland-act-2002/important-cases","documents":"/api/acts/maritime-safety-queensland-act-2002/documents"}}