{"id":"qld:act-2016-002","name":"Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016","slug":"transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"2 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29637,"registerId":"qld-act-2016-002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 .","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":"Purpose of Act","content":"### sec.3 Purpose of Act\n\nThe purpose of this Act is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).\nFor the purpose mentioned in subsection (1) , this Act—\napplies the Commonwealth domestic commercial vessel national law as a law of this State; and\nmakes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.\n(sec.3-ssec.1) The purpose of this Act is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).\n(sec.3-ssec.2) For the purpose mentioned in subsection (1) , this Act— applies the Commonwealth domestic commercial vessel national law as a law of this State; and makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.\n- (a) applies the Commonwealth domestic commercial vessel national law as a law of this State; and\n- (b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\napplied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of this State because of section 5 , including any modification under part 8 .\nCommonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments—\nthe Administrative Review Tribunal Act 2024 , other than part 7 ;\nthe Freedom of Information Act 1982 ;\nthe Ombudsman Act 1976 ;\nthe Privacy Act 1988 ;\nthe regulations and other legislative instruments in force under any of those Acts.\ns 4(1) def Commonwealth administrative laws amd 2024 No. 47 s 78 sch 2\nCommonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments—\nthe Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth);\nthe regulations and other legislative instruments in force under that Law;\nany other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.\ndomestic commercial vessel national law see section 20 .\ndomestic commercial vessel national regulation see section 20 .\nTerms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.\nIn this Act, a reference to a Commonwealth Act includes a reference to—\nthat Commonwealth Act, as amended and in force for the time being; and\nan Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n(sec.4-ssec.1) In this Act— applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of this State because of section 5 , including any modification under part 8 . Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments— the Administrative Review Tribunal Act 2024 , other than part 7 ; the Freedom of Information Act 1982 ; the Ombudsman Act 1976 ; the Privacy Act 1988 ; the regulations and other legislative instruments in force under any of those Acts. s 4(1) def Commonwealth administrative laws amd 2024 No. 47 s 78 sch 2 Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments— the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth); the regulations and other legislative instruments in force under that Law; any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law. domestic commercial vessel national law see section 20 . domestic commercial vessel national regulation see section 20 .\n(sec.4-ssec.2) Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.\n(sec.4-ssec.3) In this Act, a reference to a Commonwealth Act includes a reference to— that Commonwealth Act, as amended and in force for the time being; and an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n- (a) the Administrative Review Tribunal Act 2024 , other than part 7 ;\n- (b) the Freedom of Information Act 1982 ;\n- (c) the Ombudsman Act 1976 ;\n- (d) the Privacy Act 1988 ;\n- (e) the regulations and other legislative instruments in force under any of those Acts.\n- (a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth);\n- (b) the regulations and other legislative instruments in force under that Law;\n- (c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.\n- (a) that Commonwealth Act, as amended and in force for the time being; and\n- (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"The applied provisions","content":"# The applied provisions","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of Commonwealth laws as laws of this State","content":"### sec.5 Application of Commonwealth laws as laws of this State\n\nThe Commonwealth domestic commercial vessel national law, as in force from time to time and as modified under this Act, applies as a law of this State.\nSee part 8 for modifications of the Commonwealth domestic commercial vessel national law.\nThe Commonwealth domestic commercial vessel national law, as applied under subsection (1) , applies as if it extended to matters in relation to which this State may make laws—\nwhether or not the Commonwealth may make laws in relation to those matters; and\neven though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.\nSubsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.\nA regulation may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—\nmade by a law of the Commonwealth; and\nstated in the regulation;\nhad not taken effect.\n(sec.5-ssec.1) The Commonwealth domestic commercial vessel national law, as in force from time to time and as modified under this Act, applies as a law of this State. See part 8 for modifications of the Commonwealth domestic commercial vessel national law.\n(sec.5-ssec.2) The Commonwealth domestic commercial vessel national law, as applied under subsection (1) , applies as if it extended to matters in relation to which this State may make laws— whether or not the Commonwealth may make laws in relation to those matters; and even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.\n(sec.5-ssec.3) Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.\n(sec.5-ssec.4) A regulation may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law— made by a law of the Commonwealth; and stated in the regulation; had not taken effect.\n- (a) whether or not the Commonwealth may make laws in relation to those matters; and\n- (b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.\n- (a) made by a law of the Commonwealth; and\n- (b) stated in the regulation;","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Interpretation of Commonwealth domestic commercial vessel national law","content":"### sec.6 Interpretation of Commonwealth domestic commercial vessel national law\n\nThe Acts Interpretation Act 1901 of the Commonwealth applies—\nas a law of this State in relation to the interpretation of the applied provisions; and\nso applies as if the applied provisions were a Commonwealth Act or regulation or other legislative instrument under a Commonwealth Act.\nThe Acts Interpretation Act 1954 does not apply to the applied provisions.\n(sec.6-ssec.1) The Acts Interpretation Act 1901 of the Commonwealth applies— as a law of this State in relation to the interpretation of the applied provisions; and so applies as if the applied provisions were a Commonwealth Act or regulation or other legislative instrument under a Commonwealth Act.\n(sec.6-ssec.2) The Acts Interpretation Act 1954 does not apply to the applied provisions.\n- (a) as a law of this State in relation to the interpretation of the applied provisions; and\n- (b) so applies as if the applied provisions were a Commonwealth Act or regulation or other legislative instrument under a Commonwealth Act.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Functions and powers under applied provisions","content":"# Functions and powers under applied provisions","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions and powers of National Regulator and other authorities and officers","content":"### sec.7 Functions and powers of National Regulator and other authorities and officers\n\nThe National Regulator and other authorities and officers mentioned in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegations by the National Regulator","content":"### sec.8 Delegations by the National Regulator\n\nAny delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have the effect for the purposes of, the corresponding provision of the applied provisions.","sortOrder":10},{"sectionNumber":"pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Object of pt 4","content":"### sec.9 Object of pt 4\n\nThe object of this part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.\nThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following—\nthe investigation and prosecution of offences;\nthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences;\nproceedings relating to a matter mentioned in paragraph (a) or (b) ;\nappeals and reviews relating to criminal proceedings and to proceedings of the kind mentioned in paragraph (c) ;\nthe sentencing, punishment and release of persons convicted of offences;\nfines, penalties and forfeitures;\ninfringement notices in connection with offences;\nliability to make reparation in connection with offences;\nproceeds of crime;\nspent convictions.\nFor the purposes of this part, offences include contraventions for which a civil penalty may be imposed.\n(sec.9-ssec.1) The object of this part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.\n(sec.9-ssec.2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following— the investigation and prosecution of offences; the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; proceedings relating to a matter mentioned in paragraph (a) or (b) ; appeals and reviews relating to criminal proceedings and to proceedings of the kind mentioned in paragraph (c) ; the sentencing, punishment and release of persons convicted of offences; fines, penalties and forfeitures; infringement notices in connection with offences; liability to make reparation in connection with offences; proceeds of crime; spent convictions.\n(sec.9-ssec.3) For the purposes of this part, offences include contraventions for which a civil penalty may be imposed.\n- (a) the investigation and prosecution of offences;\n- (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences;\n- (c) proceedings relating to a matter mentioned in paragraph (a) or (b) ;\n- (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind mentioned in paragraph (c) ;\n- (e) the sentencing, punishment and release of persons convicted of offences;\n- (f) fines, penalties and forfeitures;\n- (g) infringement notices in connection with offences;\n- (h) liability to make reparation in connection with offences;\n- (i) proceeds of crime;\n- (j) spent convictions.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"### sec.10 Application of Commonwealth criminal laws to offences against applied provisions\n\nThe relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if the provisions were a law of the Commonwealth and not a law of this State.\nFor the purposes of a law of this State, an offence against the applied provisions—\nis taken to be an offence against the laws of the Commonwealth, in the same way as if the provisions were a law of the Commonwealth; and\nis taken not to be an offence against the laws of this State.\nSubsection (2) has effect for the purposes of a law of this State other than as provided by a regulation made under this Act.\nIn this section—\nrelevant Commonwealth law means a law of the Commonwealth relating to offences, including, for example, a law relating to a purpose mentioned in section 9 (2) .\n(sec.10-ssec.1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if the provisions were a law of the Commonwealth and not a law of this State.\n(sec.10-ssec.2) For the purposes of a law of this State, an offence against the applied provisions— is taken to be an offence against the laws of the Commonwealth, in the same way as if the provisions were a law of the Commonwealth; and is taken not to be an offence against the laws of this State.\n(sec.10-ssec.3) Subsection (2) has effect for the purposes of a law of this State other than as provided by a regulation made under this Act.\n(sec.10-ssec.4) In this section— relevant Commonwealth law means a law of the Commonwealth relating to offences, including, for example, a law relating to a purpose mentioned in section 9 (2) .\n- (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if the provisions were a law of the Commonwealth; and\n- (b) is taken not to be an offence against the laws of this State.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"### sec.11 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\nA Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\nIn performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.\n(sec.11-ssec.1) A Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\n(sec.11-ssec.2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"### sec.12 No double jeopardy for offences against applied provisions\n\nThis section applies if—\nan act or omission is an offence against the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and\nthe offender has been punished for that offence under the Commonwealth domestic commercial vessel national law.\nThe offender is not liable to be punished for the offence under the applied provisions.\n(sec.12-ssec.1) This section applies if— an act or omission is an offence against the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law.\n(sec.12-ssec.2) The offender is not liable to be punished for the offence under the applied provisions.\n- (a) an act or omission is an offence against the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and\n- (b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law.","sortOrder":15},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administrative laws","content":"# Administrative laws","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"### sec.13 Application of Commonwealth administrative laws to applied provisions\n\nThe Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if the provisions were a law of the Commonwealth and not a law of this State.\nFor the purposes of a law of this State, a matter arising in relation to the applied provisions—\nis taken to be a matter arising in relation to laws of the Commonwealth in the same way as if the provisions were a law of the Commonwealth; and\nis taken not to be a matter arising in relation to laws of this State.\nSubsection (2) has effect for the purposes of a law of this State other than as provided by a regulation made under this Act.\nAny provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.\nFor this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\ns 13 amd 2024 No. 47 s 78 sch 2\n(sec.13-ssec.1) The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if the provisions were a law of the Commonwealth and not a law of this State.\n(sec.13-ssec.2) For the purposes of a law of this State, a matter arising in relation to the applied provisions— is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if the provisions were a law of the Commonwealth; and is taken not to be a matter arising in relation to laws of this State.\n(sec.13-ssec.3) Subsection (2) has effect for the purposes of a law of this State other than as provided by a regulation made under this Act.\n(sec.13-ssec.4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.\n(sec.13-ssec.5) For this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\n- (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if the provisions were a law of the Commonwealth; and\n- (b) is taken not to be a matter arising in relation to laws of this State.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### sec.14 Functions and powers conferred on Commonwealth officers and authorities\n\nA Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power for a matter arising in relation to the applied provisions.\nIn performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.\n(sec.14-ssec.1) A Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power for a matter arising in relation to the applied provisions.\n(sec.14-ssec.2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.","sortOrder":18},{"sectionNumber":"pt.6","sectionType":"part","heading":"Fees and fines","content":"# Fees and fines","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Fees payable to officers or employees of State acting as delegates","content":"### sec.15 Fees payable to officers or employees of State acting as delegates\n\nA regulation may prescribe fees payable to this State for anything done under the Commonwealth domestic commercial vessel national law, or the applied provisions, by a delegate or subdelegate of the National Regulator who is an officer or employee of this State or an agency of this State.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Infringement notice fines","content":"### sec.16 Infringement notice fines\n\nAn amount paid to this State by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable into the consolidated fund.\nAn amount payable by this State under section 10 (2) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable out of the consolidated fund.\n(sec.16-ssec.1) An amount paid to this State by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable into the consolidated fund.\n(sec.16-ssec.2) An amount payable by this State under section 10 (2) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable out of the consolidated fund.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Fines, fees etc not otherwise payable to State","content":"### sec.17 Fines, fees etc not otherwise payable to State\n\nAll fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on a person, other than an amount ordered to be refunded to another person, must be paid to the Commonwealth.\nSubsection (1) does not apply to fees mentioned in section 15 .\n(sec.17-ssec.1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on a person, other than an amount ordered to be refunded to another person, must be paid to the Commonwealth.\n(sec.17-ssec.2) Subsection (1) does not apply to fees mentioned in section 15 .","sortOrder":22},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Things done for multiple purposes","content":"### sec.18 Things done for multiple purposes\n\nThe validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"### sec.19 Reference in Commonwealth law to a provision of another law\n\nFor the purposes of sections 10 and 13 , a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"References to domestic commercial vessel national law and domestic commercial vessel national regulation","content":"### sec.20 References to domestic commercial vessel national law and domestic commercial vessel national regulation\n\nIn an Act, a reference to the domestic commercial vessel national law is a reference to—\nthe Commonwealth domestic commercial vessel national law; and\nthe applied provisions; and\nif the context requires or permits, the Commonwealth domestic commercial vessel national law as it applies as a law of another State (with or without modification).\nIn an Act, a reference to the domestic commercial vessel national regulation is a reference to—\nthe Commonwealth domestic commercial vessel regulation; and\nthe Commonwealth domestic commercial vessel regulation as it applies as part of the applied provisions; and\nif the context requires or permits, the Commonwealth domestic commercial vessel regulation as it applies as a law of another State (with or without modification).\nIn an Act, a reference to a stated provision of the domestic commercial vessel national law is a reference to—\nthe provision of that number in the Marine Safety (Domestic Commercial Vessel) National Law set out in schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth, as it applies as part of the domestic commercial vessel national law; and\nif the context requires or permits, the regulations and other legislative instruments made under that provision.\nIn an Act, a reference to a stated provision of the domestic commercial vessel national regulation is a reference to the provision of that number in the Commonwealth domestic commercial vessel regulation, as it applies as part of the domestic commercial vessel national law.\nIn this section—\nCommonwealth domestic commercial vessel regulation means the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 of the Commonwealth.\n(sec.20-ssec.1) In an Act, a reference to the domestic commercial vessel national law is a reference to— the Commonwealth domestic commercial vessel national law; and the applied provisions; and if the context requires or permits, the Commonwealth domestic commercial vessel national law as it applies as a law of another State (with or without modification).\n(sec.20-ssec.2) In an Act, a reference to the domestic commercial vessel national regulation is a reference to— the Commonwealth domestic commercial vessel regulation; and the Commonwealth domestic commercial vessel regulation as it applies as part of the applied provisions; and if the context requires or permits, the Commonwealth domestic commercial vessel regulation as it applies as a law of another State (with or without modification).\n(sec.20-ssec.3) In an Act, a reference to a stated provision of the domestic commercial vessel national law is a reference to— the provision of that number in the Marine Safety (Domestic Commercial Vessel) National Law set out in schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth, as it applies as part of the domestic commercial vessel national law; and if the context requires or permits, the regulations and other legislative instruments made under that provision.\n(sec.20-ssec.4) In an Act, a reference to a stated provision of the domestic commercial vessel national regulation is a reference to the provision of that number in the Commonwealth domestic commercial vessel regulation, as it applies as part of the domestic commercial vessel national law.\n(sec.20-ssec.5) In this section— Commonwealth domestic commercial vessel regulation means the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 of the Commonwealth.\n- (a) the Commonwealth domestic commercial vessel national law; and\n- (b) the applied provisions; and\n- (c) if the context requires or permits, the Commonwealth domestic commercial vessel national law as it applies as a law of another State (with or without modification).\n- (a) the Commonwealth domestic commercial vessel regulation; and\n- (b) the Commonwealth domestic commercial vessel regulation as it applies as part of the applied provisions; and\n- (c) if the context requires or permits, the Commonwealth domestic commercial vessel regulation as it applies as a law of another State (with or without modification).\n- (a) the provision of that number in the Marine Safety (Domestic Commercial Vessel) National Law set out in schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth, as it applies as part of the domestic commercial vessel national law; and\n- (b) if the context requires or permits, the regulations and other legislative instruments made under that provision.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Provision of information and assistance by Queensland information holder","content":"### sec.21 Provision of information and assistance by Queensland information holder\n\nDespite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the National Regulator—\nto provide the National Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the National Regulator for administering the domestic commercial vessel national law; and\nto provide the National Regulator with other assistance reasonably required by the National Regulator to exercise a function under the domestic commercial vessel national law.\nNothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1) —\nconstitutes a breach of, or default under, an Act or other law; or\nconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\nconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\nconstitutes a civil or criminal wrong; or\nterminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\nreleases a surety or any other obligee wholly or in part from an obligation.\nIn this section—\nQueensland information holder means—\nthe chief executive; or\nan officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.\n(sec.21-ssec.1) Despite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the National Regulator— to provide the National Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the National Regulator for administering the domestic commercial vessel national law; and to provide the National Regulator with other assistance reasonably required by the National Regulator to exercise a function under the domestic commercial vessel national law.\n(sec.21-ssec.2) Nothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1) — constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or constitutes a civil or criminal wrong; or terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or releases a surety or any other obligee wholly or in part from an obligation.\n(sec.21-ssec.3) In this section— Queensland information holder means— the chief executive; or an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.\n- (a) to provide the National Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the National Regulator for administering the domestic commercial vessel national law; and\n- (b) to provide the National Regulator with other assistance reasonably required by the National Regulator to exercise a function under the domestic commercial vessel national law.\n- (a) constitutes a breach of, or default under, an Act or other law; or\n- (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n- (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n- (d) constitutes a civil or criminal wrong; or\n- (e) terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n- (f) releases a surety or any other obligee wholly or in part from an obligation.\n- (a) the chief executive; or\n- (b) an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Regulation-making power","content":"### sec.22 Regulation-making power\n\nThe Governor in Council may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or the applied provisions.","sortOrder":28},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Definitions for part","content":"### sec.23 Definitions for part\n\nIn this part—\ncommencement day means the day this part commences.\ntransitional expiry day means the day 12 months after the commencement day.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of transitional regulation provisions","content":"### sec.24 Application of transitional regulation provisions\n\nThe transitional regulation provisions apply under the applied provisions with the changes mentioned in this section.\nA reference in the transitional regulation provisions to a day mentioned in column 1 of the following table is taken to be a reference to the day mentioned in column 2 of the table—\nColumn 1\nColumn 2\n1 July 2013\nthe commencement day\n1 January 2014\nthe day 6 months after the commencement day\n30 June 2016\nthe day before the transitional expiry day\n1 July 2016\nthe transitional expiry day\nSubsection (4) applies to a TOMSA authority for a domestic commercial vessel that, but for the subsection, would not be an old certificate of operation under section 16 of the national regulation.\nThe TOMSA authority is taken to be an old certificate of operation issued for the domestic commercial vessel for the purposes of—\nsection 16 of the national regulation, other than paragraph (a)(iv) of the definition trigger date ; and\nthe modification of section 48 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth by section 16 of the national regulation.\nFor the purposes of subsection (4), section 16 of the national regulation applies with necessary changes.\nIn this section—\nnational regulation means the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 of the Commonwealth.\nTOMSA authority , for a domestic commercial vessel, means an authorisation under the Transport Operations (Marine Safety) Act 1994 that, immediately before the commencement day, entitles the vessel to operate under that Act.\ntransitional regulation provisions means Division 2.2 of the national regulation.\n(sec.24-ssec.1) The transitional regulation provisions apply under the applied provisions with the changes mentioned in this section.\n(sec.24-ssec.2) A reference in the transitional regulation provisions to a day mentioned in column 1 of the following table is taken to be a reference to the day mentioned in column 2 of the table— Column 1 Column 2 1 July 2013 the commencement day 1 January 2014 the day 6 months after the commencement day 30 June 2016 the day before the transitional expiry day 1 July 2016 the transitional expiry day\n(sec.24-ssec.3) Subsection (4) applies to a TOMSA authority for a domestic commercial vessel that, but for the subsection, would not be an old certificate of operation under section 16 of the national regulation.\n(sec.24-ssec.4) The TOMSA authority is taken to be an old certificate of operation issued for the domestic commercial vessel for the purposes of— section 16 of the national regulation, other than paragraph (a)(iv) of the definition trigger date ; and the modification of section 48 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth by section 16 of the national regulation.\n(sec.24-ssec.5) For the purposes of subsection (4), section 16 of the national regulation applies with necessary changes.\n(sec.24-ssec.6) In this section— national regulation means the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 of the Commonwealth. TOMSA authority , for a domestic commercial vessel, means an authorisation under the Transport Operations (Marine Safety) Act 1994 that, immediately before the commencement day, entitles the vessel to operate under that Act. transitional regulation provisions means Division 2.2 of the national regulation.\n- (a) section 16 of the national regulation, other than paragraph (a)(iv) of the definition trigger date ; and\n- (b) the modification of section 48 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth by section 16 of the national regulation.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application of existing marine order about certificates of operation","content":"### sec.25 Application of existing marine order about certificates of operation\n\nThe Marine Order 504 (Certificates of operation — national law) 2013 of the Commonwealth applies under the applied provisions with the following changes—\nthe reference in sections 7(1) and 11(1)(e)(i) to 30 June 2013 is taken to be a reference to the day immediately before the commencement day;\nsection 11(1)(e)(ii) does not apply.\n- (a) the reference in sections 7(1) and 11(1)(e)(i) to 30 June 2013 is taken to be a reference to the day immediately before the commencement day;\n- (b) section 11(1)(e)(ii) does not apply.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Existing exemptions","content":"### sec.26 Existing exemptions\n\nThis section applies to an exemption in force, under section 143 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, immediately before the commencement day.\nFrom the commencement day, the exemption is taken also to be granted under the corresponding provision of the applied provisions.\nThe exemption applies subject to sections 27 and 28.\n(sec.26-ssec.1) This section applies to an exemption in force, under section 143 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, immediately before the commencement day.\n(sec.26-ssec.2) From the commencement day, the exemption is taken also to be granted under the corresponding provision of the applied provisions.\n(sec.26-ssec.3) The exemption applies subject to sections 27 and 28.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Application of existing exemption about vessel identifiers","content":"### sec.27 Application of existing exemption about vessel identifiers\n\nThe Marine Safety (Vessel identifiers) Exemption 2013 of the Commonwealth applies under the applied provisions, as provided under section 26, with the following changes—\nthe reference in section 5(1)(a) to 30 June 2013 is taken to be a reference to the day before the commencement day;\nthe reference in section 5(2) to 30 June 2016 is taken to be a reference to the day before the transitional expiry day.\n- (a) the reference in section 5(1)(a) to 30 June 2013 is taken to be a reference to the day before the commencement day;\n- (b) the reference in section 5(2) to 30 June 2016 is taken to be a reference to the day before the transitional expiry day.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Application of existing exemption about certificates of survey","content":"### sec.28 Application of existing exemption about certificates of survey\n\nThe Marine Safety (Certificates of survey) Exemption 2015 of the Commonwealth applies under the applied provisions, as provided under section 26, with the following changes—\nan existing vessel is taken to include a vessel in existence on the commencement day to which the applied provisions apply;\nthe reference in schedule 1, division 3 to an existing vessel is taken to include a reference to a vessel mentioned in paragraph (a);\nthe references in schedule 1, divisions 3 and 4 to 30 June 2013 are taken to be references to the day before the commencement day;\nthe reference in schedule 1, division 3 to 30 June 2016 is taken to be a reference to the day before the transitional expiry day.\n- (a) an existing vessel is taken to include a vessel in existence on the commencement day to which the applied provisions apply;\n- (b) the reference in schedule 1, division 3 to an existing vessel is taken to include a reference to a vessel mentioned in paragraph (a);\n- (c) the references in schedule 1, divisions 3 and 4 to 30 June 2013 are taken to be references to the day before the commencement day;\n- (d) the reference in schedule 1, division 3 to 30 June 2016 is taken to be a reference to the day before the transitional expiry day.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of s 8","content":"### sec.29 Application of s 8\n\nSection 8 applies to a delegation whether it was made before, on or after the commencement day.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Existing subdelegations","content":"### sec.30 Existing subdelegations\n\nThis section applies to a subdelegation to an officer or employee of the State in force, under section 11(3) of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, immediately before the commencement day.\nFrom the commencement day, the subdelegation is taken to extend to, and have the effect for the purposes of, the corresponding provision of the applied provisions.\n(sec.30-ssec.1) This section applies to a subdelegation to an officer or employee of the State in force, under section 11(3) of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, immediately before the commencement day.\n(sec.30-ssec.2) From the commencement day, the subdelegation is taken to extend to, and have the effect for the purposes of, the corresponding provision of the applied provisions.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 exp 1 September 2017 (see s 31(4))","sortOrder":38}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act extends the Commonwealth domestic commercial vessel law to matters within State legislative competence by applying it as a State law ‘as if’ it extended to State matters (s5(2)). It therefore broadens the practical scope of the Commonwealth law within the State, while preserving that other State marine safety laws are not displaced (s5(3)). Administrative treatment of applied provisions as Commonwealth matters is effected by ss 10 and 13."},"complexity_factors":["Cross‑jurisdictional application: applies Commonwealth law as State law and treats matters as if they were Commonwealth matters (s5, s10, s13)","Modification and saving powers: Act permits local modifications and exclusion of certain Commonwealth amendments by regulation (pt 8; s5(4))","Interplay with Commonwealth administrative laws and interpretation rules (s6, s13)","Financial flows split: most fees/fines payable to Commonwealth while delegate fees may go to State (s15, s17, s16)","Delegation and enforcement arrangements linking Commonwealth and State officers, including pre‑existing delegations/subdelegations (s7–8, s30)","Information‑sharing and legal overrides for State information holders (s21) and transitional complexity (pt 8, ss 23–29)"],"plain_english_summary":"This Act makes the Commonwealth Marine Safety (Domestic Commercial Vessel) National Law operate in this State as if it were a local law, with specified modifications, so the Commonwealth regulator, offences and administrative processes apply in‑state (secs 3–5,10,13).  Most fines and penalties are paid to the Commonwealth (s17); State officers acting as delegates may be paid State‑prescribed fees (s15); Queensland agencies must supply information to the National Regulator on request (s21)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an 'application Act' designed to implement the national domestic commercial vessel safety framework in Queensland. While it incorporates significant external content through reference, this is its intended function rather than scope creep. The amendments noted (2024 No. 47) update references to the Administrative Review Tribunal Act, reflecting legislative maintenance rather than expansion of purpose."},"complexity_factors":["Extensive cross-referencing to external Commonwealth legislation (Marine Safety (Domestic Commercial Vessel) National Law Act 2012, Administrative Review Tribunal Act 2024, Freedom of Information Act 1982, etc.) which is not reproduced in the text","Complex 'application' mechanism where Commonwealth law is imported and modified rather than rewritten (Part 8 contains modifications not fully detailed in the extract)","Dual legal personality - provisions treated as both State and Commonwealth law simultaneously for different purposes (criminal law vs administrative law)","Nested definitions requiring reference to multiple instruments ('applied provisions', 'Commonwealth domestic commercial vessel national law', 'domestic commercial vessel national law' defined in section 20 with three layers of meaning)","Transitional provisions involving date substitution tables and complex grandfathering of existing certificates and exemptions (sections 24-28)","Interaction between State and Commonwealth officers through delegation frameworks (sections 7, 8, 14, 30)","Specific exclusions and carve-outs (e.g., section 13(4) removing federal court jurisdiction, section 13(5) specific treatment of Administrative Review Tribunal Part 7 references)"],"plain_english_summary":"This Queensland law brings national rules about commercial boat safety into the state's legal system. It essentially copies the Commonwealth's Marine Safety (Domestic Commercial Vessel) National Law and makes it apply in Queensland, with some tweaks. This means fishing boats, charter vessels, and other commercial boats operating in Queensland waters are regulated under the same national standards used across Australia.\n\n**Key things this law does:**\n\n*   **Adopts national law:** It applies the Commonwealth's domestic commercial vessel safety laws as if they were Queensland laws (called 'applied provisions').\n*   **Single regulator:** It allows the Commonwealth's National Regulator (Australian Maritime Safety Authority - AMSA) to administer these rules in Queensland, working alongside Queensland officials who act as delegates.\n*   **Criminal offences:** It treats breaches of these safety rules as if they were Commonwealth offences, meaning federal criminal procedures apply for investigations, prosecutions, and penalties.\n*   **Administrative oversight:** Commonwealth administrative laws (like those covering freedom of information, privacy, and the Ombudsman) apply to decisions made under this law.\n*   **Money matters:** Most fines and fees go to the Commonwealth, though Queensland can keep fees paid to state officers acting as delegates.\n*   **Information sharing:** It lets Queensland government officials share information with the National Regulator to help enforce the law, overriding normal confidentiality rules.\n*   **Grandfathering:** It includes transitional rules to help existing boat operators and certificates move from old state systems to the new national system.\n\n**Who it affects:** Anyone operating a domestic commercial vessel in Queensland waters (fishing boats, tourist boats, water taxis, etc.), plus the regulators and inspectors who enforce safety standards."},"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":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act closely follows its stated purpose throughout: to adopt the national commercial vessel safety framework in Queensland and enable uniform administration. The transitional provisions in Part 8 are consistent with that purpose, managing the changeover from Queensland's previous regime. No provisions appear to expand or deviate from the original intent."},"complexity_factors":["Layered legal structure: the Act applies a Commonwealth law as a State law, creating multiple intersecting legal frameworks that must be read together","Requires knowledge of the underlying Commonwealth legislation (Marine Safety (Domestic Commercial Vessel) National Law Act 2012) to fully understand the effect","Sophisticated constitutional drafting to extend Commonwealth laws into areas of State jurisdiction while preserving constitutional validity","Complex offence treatment provisions that deem State offences to be Commonwealth offences, requiring understanding of dual criminal law systems","Multiple cross-references to other Commonwealth Acts (Administrative Review Tribunal Act, FOI Act, Ombudsman Act, Privacy Act) applied as State laws","Transitional provisions involve date-substitution tables and references to specific Commonwealth marine orders and exemptions that are themselves complex instruments","Delegation and subdelegation arrangements across Commonwealth and State official hierarchies add administrative complexity","Interpretation rules specify that Commonwealth Acts Interpretation Act applies instead of the Queensland equivalent, adding an unusual interpretive layer"],"plain_english_summary":"This Act brings Queensland into the national regulatory system for domestic commercial vessels by giving effect to Commonwealth marine safety laws in Queensland. It shifts regulation to a single national regulator, affects vessel owners, operators, crew and Queensland officials acting as delegates, and treats breaches as Commonwealth offences. The change creates consistent rules across states, allows information sharing with the national regulator, routes most fees to the Commonwealth, and preserves transitional arrangements for existing licences."}},"importantCases":[],"_links":{"self":"/api/acts/transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016","history":"/api/acts/transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016/history","analysis":"/api/acts/transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016/analysis","conflicts":"/api/acts/transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016/conflicts","importantCases":"/api/acts/transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016/important-cases","documents":"/api/acts/transport-operations-marine-safety-domestic-commercial-vessel-national-law-application-act-2016/documents"}}