{"id":"qld:sl-2016-0154","name":"Transport Operations (Marine Safety) Regulation 2016","slug":"transport-operations-marine-safety-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"154 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175176,"registerId":"qld-qld:sl-2016-0154-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":0},{"sectionNumber":"sec.7","sectionType":"section","heading":"Purpose of chapter","content":"### sec.7 Purpose of chapter\n\nThe purpose of this chapter is to—\nrequire particular Queensland regulated ships to be equipped with particular equipment; and\nThe Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2017 also provides for equipment with which particular Queensland regulated ships may be equipped.\ndeclare the equipment to be safety equipment to which section 44 of the Act applies.\ns 7 amd 2023 SL No. 171 s 11\n- (a) require particular Queensland regulated ships to be equipped with particular equipment; and Note— The Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2017 also provides for equipment with which particular Queensland regulated ships may be equipped.\n- (b) declare the equipment to be safety equipment to which section 44 of the Act applies.","sortOrder":1},{"sectionNumber":"sec.8","sectionType":"section","heading":"Equipment to which s 44 of the Act applies","content":"### sec.8 Equipment to which s 44 of the Act applies\n\nEquipment with which a ship must be equipped under this chapter is safety equipment to which section 44 of the Act applies.","sortOrder":2},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"EPIRB for particular Queensland regulated ships","content":"# EPIRB for particular Queensland regulated ships","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of part","content":"### sec.9 Application of part\n\nThis part applies to a Queensland regulated ship in Queensland waters, other than a ship—\nin smooth waters; or\nin partially smooth waters; or\nin other waters within 2n miles from land.\n- (a) in smooth waters; or\n- (b) in partially smooth waters; or\n- (c) in other waters within 2n miles from land.","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Ship to be equipped with EPIRB","content":"### sec.10 Ship to be equipped with EPIRB\n\nA ship must be equipped with an EPIRB that—\nhas an operational frequency of 406MHz; and\ncomplies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and\nhas been registered for the ship under subsection (2) by the owner or master of the ship; and\nhas up-to-date registration.\nThe owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to AMSA—\nthe owner or master’s name, address and phone number;\nthe name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact;\nthe identifying code of the EPIRB;\ndetails of the ship that are reasonably required by AMSA;\nany other details reasonably required by AMSA.\nFor subsection (1) (d) , an EPIRB has up-to-date registration if—\nthere has been no change in the details given to AMSA under subsection (2) ; or\nif there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change.\nFor subsection (2) and (3) (b) , notice to AMSA must be given in the way required by AMSA.\nIn this section—\nAS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.\n(sec.10-ssec.1) A ship must be equipped with an EPIRB that— has an operational frequency of 406MHz; and complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and has been registered for the ship under subsection (2) by the owner or master of the ship; and has up-to-date registration.\n(sec.10-ssec.2) The owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to AMSA— the owner or master’s name, address and phone number; the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact; the identifying code of the EPIRB; details of the ship that are reasonably required by AMSA; any other details reasonably required by AMSA.\n(sec.10-ssec.3) For subsection (1) (d) , an EPIRB has up-to-date registration if— there has been no change in the details given to AMSA under subsection (2) ; or if there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change.\n(sec.10-ssec.4) For subsection (2) and (3) (b) , notice to AMSA must be given in the way required by AMSA.\n(sec.10-ssec.5) In this section— AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.\n- (a) has an operational frequency of 406MHz; and\n- (b) complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and\n- (c) has been registered for the ship under subsection (2) by the owner or master of the ship; and\n- (d) has up-to-date registration.\n- (a) the owner or master’s name, address and phone number;\n- (b) the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact;\n- (c) the identifying code of the EPIRB;\n- (d) details of the ship that are reasonably required by AMSA;\n- (e) any other details reasonably required by AMSA.\n- (a) there has been no change in the details given to AMSA under subsection (2) ; or\n- (b) if there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change.","sortOrder":5},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Other safety equipment for particular Queensland regulated ships","content":"# Other safety equipment for particular Queensland regulated ships","sortOrder":6},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of part","content":"### sec.11 Application of part\n\nThis part applies to a Queensland regulated ship that—\nis required to be registered; or\nis not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) .\nSection 12 also applies to a ship that is not required to be registered because it is mentioned in section 26 (2) (a) and (c) .\nHowever, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies.\n(sec.11-ssec.1) This part applies to a Queensland regulated ship that— is required to be registered; or is not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) .\n(sec.11-ssec.2) Section 12 also applies to a ship that is not required to be registered because it is mentioned in section 26 (2) (a) and (c) .\n(sec.11-ssec.3) However, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies.\n- (a) is required to be registered; or\n- (b) is not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) .","sortOrder":7},{"sectionNumber":"sec.12","sectionType":"section","heading":"Lighting devices for signalling for ship on water at night","content":"### sec.12 Lighting devices for signalling for ship on water at night\n\nA ship on water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.\ntorches, lanterns, fluorescent lights and cyalume sticks\nAlso, a ship operated on the Brisbane River must display a flashing white all-round light if the ship—\nis used for training or competition; and\nis not powered but is propelled by using oars or paddles.\nSubsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79 .\nSection 79 requires compliance with the collision regulations, which include requirements about navigation lights.\n(sec.12-ssec.1) A ship on water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks\n(sec.12-ssec.2) Also, a ship operated on the Brisbane River must display a flashing white all-round light if the ship— is used for training or competition; and is not powered but is propelled by using oars or paddles.\n(sec.12-ssec.3) Subsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.\n- (a) is used for training or competition; and\n- (b) is not powered but is propelled by using oars or paddles.","sortOrder":8},{"sectionNumber":"sec.13","sectionType":"section","heading":"Safety equipment for ship, other than a personal watercraft or tender, operating in smooth waters","content":"### sec.13 Safety equipment for ship, other than a personal watercraft or tender, operating in smooth waters\n\nA ship, other than a personal watercraft or tender, operating in smooth waters must be equipped with—\na required lifejacket for each individual on board who is 1 year or more; and\nif the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively.\ns 13 amd 2017 SL No. 170 s 6 ; 2023 SL No. 171 s 12\n- (a) a required lifejacket for each individual on board who is 1 year or more; and\n- (b) if the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively.","sortOrder":9},{"sectionNumber":"sec.14","sectionType":"section","heading":"Safety equipment for ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters","content":"### sec.14 Safety equipment for ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters\n\nA ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters must be equipped with—\na required lifejacket for each individual on board who is 1 year or more; and\na V sheet; and\n2 compliant handheld red flares; and\n2 compliant handheld orange smoke signals; and\nif the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively.\ns 14 amd 2017 SL No. 170 s 7 ; 2024 SL No. 188 s 17 sch 1\n- (a) a required lifejacket for each individual on board who is 1 year or more; and\n- (b) a V sheet; and\n- (c) 2 compliant handheld red flares; and\n- (d) 2 compliant handheld orange smoke signals; and\n- (e) if the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively.","sortOrder":10},{"sectionNumber":"sec.15","sectionType":"section","heading":"Safety equipment for a personal watercraft","content":"### sec.15 Safety equipment for a personal watercraft\n\nA personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more.\nFor subsection (1) , if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket.\nAlso, a personal watercraft operating in or beyond partially smooth waters must be equipped with—\na V sheet; and\n2 compliant handheld red flares; and\n2 compliant handheld orange smoke signals.\nHowever, subsection (3) does not apply to a personal watercraft operating—\nas part of an aquatic event held in accordance with an aquatic event authority; or\nbeyond partially smooth waters and within 0.5n miles from land.\n(sec.15-ssec.1) A personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more.\n(sec.15-ssec.2) For subsection (1) , if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket.\n(sec.15-ssec.3) Also, a personal watercraft operating in or beyond partially smooth waters must be equipped with— a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals.\n(sec.15-ssec.4) However, subsection (3) does not apply to a personal watercraft operating— as part of an aquatic event held in accordance with an aquatic event authority; or beyond partially smooth waters and within 0.5n miles from land.\n- (a) a V sheet; and\n- (b) 2 compliant handheld red flares; and\n- (c) 2 compliant handheld orange smoke signals.\n- (a) as part of an aquatic event held in accordance with an aquatic event authority; or\n- (b) beyond partially smooth waters and within 0.5n miles from land.","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":"Stowage and accessibility of safety equipment","content":"### sec.16 Stowage and accessibility of safety equipment\n\nA ship is taken to be equipped with safety equipment under this part only if the owner or master gives each person on board information about where the safety equipment is kept, including, for example, by giving the information orally, in a demonstration or on a printed sign.\nSee also section 24 in relation to lifejackets.","sortOrder":12},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Other safety equipment for particular tenders","content":"# Other safety equipment for particular tenders","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of part","content":"### sec.17 Application of part\n\nThis part applies to a tender to a Queensland regulated ship, if the tender is required to be registered.","sortOrder":14},{"sectionNumber":"sec.18","sectionType":"section","heading":"Lighting device for signalling for tender on water at night","content":"### sec.18 Lighting device for signalling for tender on water at night\n\nA tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.\ntorches, lanterns, fluorescent lights and cyalume sticks\nSubsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 79 .\nSection 79 requires compliance with the collision regulations, which include requirements about navigation lights.\n(sec.18-ssec.1) A tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks\n(sec.18-ssec.2) Subsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.","sortOrder":15},{"sectionNumber":"sec.19","sectionType":"section","heading":"Safety equipment for tender operating in smooth waters","content":"### sec.19 Safety equipment for tender operating in smooth waters\n\nA tender operating in smooth waters must be equipped with—\na required lifejacket for each individual on board who is 1 year or more; and\nif the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively.\nSubsection (1) (a) does not apply—\nif—\nthe tender is used within 1km of the ship for which it is a tender; and\nthere is a statement in the approved form for the tender that the tender has level flotation; or\nif—\nthe tender operates in a river, creek, stream or waters within breakwaters or revetments; and\nthe tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and\nthere is a statement in the approved form for the tender that the tender has level flotation.\n(sec.19-ssec.1) A tender operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively.\n(sec.19-ssec.2) Subsection (1) (a) does not apply— if— the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender operates in a river, creek, stream or waters within breakwaters or revetments; and the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and there is a statement in the approved form for the tender that the tender has level flotation.\n- (a) a required lifejacket for each individual on board who is 1 year or more; and\n- (b) if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively.\n- (a) if— (i) the tender is used within 1km of the ship for which it is a tender; and (ii) there is a statement in the approved form for the tender that the tender has level flotation; or\n- (i) the tender is used within 1km of the ship for which it is a tender; and\n- (ii) there is a statement in the approved form for the tender that the tender has level flotation; or\n- (b) if— (i) the tender operates in a river, creek, stream or waters within breakwaters or revetments; and (ii) the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and (iii) there is a statement in the approved form for the tender that the tender has level flotation.\n- (i) the tender operates in a river, creek, stream or waters within breakwaters or revetments; and\n- (ii) the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and\n- (iii) there is a statement in the approved form for the tender that the tender has level flotation.\n- (i) the tender is used within 1km of the ship for which it is a tender; and\n- (ii) there is a statement in the approved form for the tender that the tender has level flotation; or\n- (i) the tender operates in a river, creek, stream or waters within breakwaters or revetments; and\n- (ii) the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and\n- (iii) there is a statement in the approved form for the tender that the tender has level flotation.","sortOrder":16},{"sectionNumber":"sec.20","sectionType":"section","heading":"Safety equipment for tender operating in or beyond partially smooth waters","content":"### sec.20 Safety equipment for tender operating in or beyond partially smooth waters\n\nA tender operating in or beyond partially smooth waters must be equipped with—\na required lifejacket for each individual on board who is 1 year or more; and\na V sheet; and\n2 compliant handheld red flares; and\n2 compliant handheld orange smoke signals; and\nif the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively.\nSubsection (1) (a) does not apply to a tender—\nif—\nthe tender is operating in partially smooth waters; and\nthe tender is used within 1km of the ship for which it is a tender; and\nthere is a statement in the approved form for the tender that the tender has level flotation; or\nif—\nthe tender is operating beyond partially smooth waters; and\nthe tender is used within 500m of the ship for which it is a tender; and\nthere is a statement in the approved form for the tender that the tender has level flotation.\ns 20 amd 2024 SL No. 188 s 17 sch 1\n(sec.20-ssec.1) A tender operating in or beyond partially smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively.\n(sec.20-ssec.2) Subsection (1) (a) does not apply to a tender— if— the tender is operating in partially smooth waters; and the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender is operating beyond partially smooth waters; and the tender is used within 500m of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation.\n- (a) a required lifejacket for each individual on board who is 1 year or more; and\n- (b) a V sheet; and\n- (c) 2 compliant handheld red flares; and\n- (d) 2 compliant handheld orange smoke signals; and\n- (e) if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively.\n- (a) if— (i) the tender is operating in partially smooth waters; and (ii) the tender is used within 1km of the ship for which it is a tender; and (iii) there is a statement in the approved form for the tender that the tender has level flotation; or\n- (i) the tender is operating in partially smooth waters; and\n- (ii) the tender is used within 1km of the ship for which it is a tender; and\n- (iii) there is a statement in the approved form for the tender that the tender has level flotation; or\n- (b) if— (i) the tender is operating beyond partially smooth waters; and (ii) the tender is used within 500m of the ship for which it is a tender; and (iii) there is a statement in the approved form for the tender that the tender has level flotation.\n- (i) the tender is operating beyond partially smooth waters; and\n- (ii) the tender is used within 500m of the ship for which it is a tender; and\n- (iii) there is a statement in the approved form for the tender that the tender has level flotation.\n- (i) the tender is operating in partially smooth waters; and\n- (ii) the tender is used within 1km of the ship for which it is a tender; and\n- (iii) there is a statement in the approved form for the tender that the tender has level flotation; or\n- (i) the tender is operating beyond partially smooth waters; and\n- (ii) the tender is used within 500m of the ship for which it is a tender; and\n- (iii) there is a statement in the approved form for the tender that the tender has level flotation.","sortOrder":17},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Provisions about lifejackets for Queensland regulated ships","content":"# Provisions about lifejackets for Queensland regulated ships","sortOrder":18},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application of part","content":"### sec.21 Application of part\n\nThis part applies if, under this regulation, a Queensland regulated ship is required to be equipped with a required lifejacket for each individual on board who is 1 year or more.","sortOrder":19},{"sectionNumber":"sec.22","sectionType":"section","heading":"What is the required lifejacket for a ship","content":"### sec.22 What is the required lifejacket for a ship\n\nThe required lifejacket for an individual on board a ship is a lifejacket of an appropriate size for the individual of the following type—\nfor a ship, other than a personal watercraft, operating in smooth waters—\na lifejacket level 50; or\na lifejacket level 50S; or\na lifejacket level 100; or\na compliant inflatable diver’s jacket;\nfor a ship, other than a personal watercraft, operating in or beyond partially smooth waters—\nif the ship is operating in partially smooth waters—\na lifejacket level 50; or\na lifejacket level 100; or\na compliant inflatable diver’s jacket; or\nif the ship is operating beyond partially smooth waters—a lifejacket level 100 or a compliant inflatable diver’s jacket;\nfor a personal watercraft—\nif the personal watercraft is operating in smooth waters—a lifejacket level 50 or a lifejacket level 50S; or\nif the personal watercraft is operating in or beyond partially smooth waters—a lifejacket level 50.\ns 22 amd 2017 SL No. 170 s 8 ; 2022 SL No. 20 s 12 sch 1 ; 2024 SL No. 188 s 17 sch 1\n- (a) for a ship, other than a personal watercraft, operating in smooth waters— (i) a lifejacket level 50; or (ii) a lifejacket level 50S; or (iii) a lifejacket level 100; or (iv) a compliant inflatable diver’s jacket;\n- (i) a lifejacket level 50; or\n- (ii) a lifejacket level 50S; or\n- (iii) a lifejacket level 100; or\n- (iv) a compliant inflatable diver’s jacket;\n- (b) for a ship, other than a personal watercraft, operating in or beyond partially smooth waters— (i) if the ship is operating in partially smooth waters— (A) a lifejacket level 50; or (B) a lifejacket level 100; or (C) a compliant inflatable diver’s jacket; or (ii) if the ship is operating beyond partially smooth waters—a lifejacket level 100 or a compliant inflatable diver’s jacket;\n- (i) if the ship is operating in partially smooth waters— (A) a lifejacket level 50; or (B) a lifejacket level 100; or (C) a compliant inflatable diver’s jacket; or\n- (A) a lifejacket level 50; or\n- (B) a lifejacket level 100; or\n- (C) a compliant inflatable diver’s jacket; or\n- (ii) if the ship is operating beyond partially smooth waters—a lifejacket level 100 or a compliant inflatable diver’s jacket;\n- (c) for a personal watercraft— (i) if the personal watercraft is operating in smooth waters—a lifejacket level 50 or a lifejacket level 50S; or (ii) if the personal watercraft is operating in or beyond partially smooth waters—a lifejacket level 50.\n- (i) if the personal watercraft is operating in smooth waters—a lifejacket level 50 or a lifejacket level 50S; or\n- (ii) if the personal watercraft is operating in or beyond partially smooth waters—a lifejacket level 50.\n- (i) a lifejacket level 50; or\n- (ii) a lifejacket level 50S; or\n- (iii) a lifejacket level 100; or\n- (iv) a compliant inflatable diver’s jacket;\n- (i) if the ship is operating in partially smooth waters— (A) a lifejacket level 50; or (B) a lifejacket level 100; or (C) a compliant inflatable diver’s jacket; or\n- (A) a lifejacket level 50; or\n- (B) a lifejacket level 100; or\n- (C) a compliant inflatable diver’s jacket; or\n- (ii) if the ship is operating beyond partially smooth waters—a lifejacket level 100 or a compliant inflatable diver’s jacket;\n- (A) a lifejacket level 50; or\n- (B) a lifejacket level 100; or\n- (C) a compliant inflatable diver’s jacket; or\n- (i) if the personal watercraft is operating in smooth waters—a lifejacket level 50 or a lifejacket level 50S; or\n- (ii) if the personal watercraft is operating in or beyond partially smooth waters—a lifejacket level 50.","sortOrder":20},{"sectionNumber":"sec.23","sectionType":"section","heading":"Using custom-made lifejacket instead of required lifejacket","content":"### sec.23 Using custom-made lifejacket instead of required lifejacket\n\nThis section applies if a ship, required under this regulation to be equipped with a required lifejacket for an individual on board the ship, is equipped with a custom-made lifejacket for the individual.\nThe ship is taken to be equipped with the required lifejacket for the individual if—\nthere is a manufacturer’s declaration for the custom-made lifejacket; and\nthe required lifejacket for the individual is of the type in place of which the manufacturer’s declaration states the custom-made lifejacket may be used; and\nthe master of the ship—\nkeeps a copy of the manufacturer’s declaration while the individual is on board; and\nreasonably believes the individual on board is the individual stated in the manufacturer’s declaration.\nIf a ship is equipped with a custom-made lifejacket for an individual, section 24 applies as if a reference in that section to the required lifejacket for the individual included a reference to the custom-made lifejacket.\nIn this section—\ncustom-made lifejacket , for an individual, means a lifejacket that—\nhas been constructed using the same materials and methods of construction as—\nfor a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or\nfor a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or\nfor a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and\nhas flotation appropriate to the type and body mass of the individual.\nmanufacturer’s declaration , for a custom-made lifejacket, means a declaration by the manufacturer of the custom-made lifejacket that states the following—\nthe type of lifejacket in place of which the custom-made lifejacket may be used;\nthat the custom-made lifejacket has been constructed using the same materials and methods of construction as the type of lifejacket in place of which the custom-made lifejacket may be used;\nthe name of the individual for whom the custom-made lifejacket has been manufactured;\nthat the custom-made lifejacket has flotation appropriate to the type and body mass of the individual for whom the custom-made lifejacket has been manufactured;\nhow the custom-made lifejacket may be identified.\ns 23 amd 2022 SL No. 20 s 12 sch 1\n(sec.23-ssec.1) This section applies if a ship, required under this regulation to be equipped with a required lifejacket for an individual on board the ship, is equipped with a custom-made lifejacket for the individual.\n(sec.23-ssec.2) The ship is taken to be equipped with the required lifejacket for the individual if— there is a manufacturer’s declaration for the custom-made lifejacket; and the required lifejacket for the individual is of the type in place of which the manufacturer’s declaration states the custom-made lifejacket may be used; and the master of the ship— keeps a copy of the manufacturer’s declaration while the individual is on board; and reasonably believes the individual on board is the individual stated in the manufacturer’s declaration.\n(sec.23-ssec.3) If a ship is equipped with a custom-made lifejacket for an individual, section 24 applies as if a reference in that section to the required lifejacket for the individual included a reference to the custom-made lifejacket.\n(sec.23-ssec.4) In this section— custom-made lifejacket , for an individual, means a lifejacket that— has been constructed using the same materials and methods of construction as— for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and has flotation appropriate to the type and body mass of the individual. manufacturer’s declaration , for a custom-made lifejacket, means a declaration by the manufacturer of the custom-made lifejacket that states the following— the type of lifejacket in place of which the custom-made lifejacket may be used; that the custom-made lifejacket has been constructed using the same materials and methods of construction as the type of lifejacket in place of which the custom-made lifejacket may be used; the name of the individual for whom the custom-made lifejacket has been manufactured; that the custom-made lifejacket has flotation appropriate to the type and body mass of the individual for whom the custom-made lifejacket has been manufactured; how the custom-made lifejacket may be identified.\n- (a) there is a manufacturer’s declaration for the custom-made lifejacket; and\n- (b) the required lifejacket for the individual is of the type in place of which the manufacturer’s declaration states the custom-made lifejacket may be used; and\n- (c) the master of the ship— (i) keeps a copy of the manufacturer’s declaration while the individual is on board; and (ii) reasonably believes the individual on board is the individual stated in the manufacturer’s declaration.\n- (i) keeps a copy of the manufacturer’s declaration while the individual is on board; and\n- (ii) reasonably believes the individual on board is the individual stated in the manufacturer’s declaration.\n- (i) keeps a copy of the manufacturer’s declaration while the individual is on board; and\n- (ii) reasonably believes the individual on board is the individual stated in the manufacturer’s declaration.\n- (a) has been constructed using the same materials and methods of construction as— (i) for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or (ii) for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or (iii) for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and\n- (i) for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or\n- (ii) for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or\n- (iii) for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and\n- (b) has flotation appropriate to the type and body mass of the individual.\n- (i) for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or\n- (ii) for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or\n- (iii) for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and\n- (a) the type of lifejacket in place of which the custom-made lifejacket may be used;\n- (b) that the custom-made lifejacket has been constructed using the same materials and methods of construction as the type of lifejacket in place of which the custom-made lifejacket may be used;\n- (c) the name of the individual for whom the custom-made lifejacket has been manufactured;\n- (d) that the custom-made lifejacket has flotation appropriate to the type and body mass of the individual for whom the custom-made lifejacket has been manufactured;\n- (e) how the custom-made lifejacket may be identified.","sortOrder":21},{"sectionNumber":"sec.24","sectionType":"section","heading":"When ship is taken to be equipped with required lifejacket","content":"### sec.24 When ship is taken to be equipped with required lifejacket\n\nA ship that is not a tender is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more only if the required lifejacket for each individual is—\nclearly visible while the individual is on board; or\nkept in a place—\nfrom which the lifejacket is readily accessible; and\nthat is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.\nA ship that is an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if—\nfor a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime—\nthe individual who is 12 years or more is wearing the required lifejacket for the individual; and\neach individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or\nfor a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or\nin any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual.\nA ship that is not an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if each individual on board who is 1 year or more but less than 12 years and who is occupying an open area of the ship is wearing the required lifejacket for the individual.\nA ship is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is crossing a coastal bar only if—\nfor a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or\nfor another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual.\nIf a ship is equipped with a compliant inflatable diver’s jacket for an individual, the ship is taken to be equipped with the required lifejacket for the individual only if the individual is wearing the jacket.\nIn this section—\ncoastal bar means a bar—\nnamed in column 1 of schedule 1 ; and\ndescribed in column 2 of the schedule opposite the name of the bar mentioned in column 1.\ndaytime means the period between sunrise and sunset on a day.\nnight-time means the period between sunset on a day and sunrise on the next day.\nopen area , for a ship that is not an open boat, means an area of the ship other than an area located in—\na permanent, rigid deckhouse or cabin; or\nanother space that is—\nsuitable for a person to occupy; and\nenclosed, except for 1 opening suitable for a person to enter or leave the space.\nopen boat means a ship the structure of which does not include, or have attached to it—\na permanent, rigid deckhouse or cabin; or\nanother space that is—\nsuitable for a person to occupy; and\nenclosed, except for 1 opening suitable for a person to enter or leave the space.\ns 24 amd 2024 SL No. 188 s 7\n(sec.24-ssec.1) A ship that is not a tender is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more only if the required lifejacket for each individual is— clearly visible while the individual is on board; or kept in a place— from which the lifejacket is readily accessible; and that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.\n(sec.24-ssec.2) A ship that is an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if— for a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime— the individual who is 12 years or more is wearing the required lifejacket for the individual; and each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or for a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or in any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual.\n(sec.24-ssec.3) A ship that is not an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if each individual on board who is 1 year or more but less than 12 years and who is occupying an open area of the ship is wearing the required lifejacket for the individual.\n(sec.24-ssec.4) A ship is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is crossing a coastal bar only if— for a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or for another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual.\n(sec.24-ssec.5) If a ship is equipped with a compliant inflatable diver’s jacket for an individual, the ship is taken to be equipped with the required lifejacket for the individual only if the individual is wearing the jacket.\n(sec.24-ssec.6) In this section— coastal bar means a bar— named in column 1 of schedule 1 ; and described in column 2 of the schedule opposite the name of the bar mentioned in column 1. daytime means the period between sunrise and sunset on a day. night-time means the period between sunset on a day and sunrise on the next day. open area , for a ship that is not an open boat, means an area of the ship other than an area located in— a permanent, rigid deckhouse or cabin; or another space that is— suitable for a person to occupy; and enclosed, except for 1 opening suitable for a person to enter or leave the space. open boat means a ship the structure of which does not include, or have attached to it— a permanent, rigid deckhouse or cabin; or another space that is— suitable for a person to occupy; and enclosed, except for 1 opening suitable for a person to enter or leave the space.\n- (a) clearly visible while the individual is on board; or\n- (b) kept in a place— (i) from which the lifejacket is readily accessible; and (ii) that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.\n- (i) from which the lifejacket is readily accessible; and\n- (ii) that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.\n- (i) from which the lifejacket is readily accessible; and\n- (ii) that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.\n- (a) for a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime— (i) the individual who is 12 years or more is wearing the required lifejacket for the individual; and (ii) each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or\n- (i) the individual who is 12 years or more is wearing the required lifejacket for the individual; and\n- (ii) each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or\n- (b) for a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or\n- (c) in any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual.\n- (i) the individual who is 12 years or more is wearing the required lifejacket for the individual; and\n- (ii) each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or\n- (a) for a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or\n- (b) for another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual.\n- (a) named in column 1 of schedule 1 ; and\n- (b) described in column 2 of the schedule opposite the name of the bar mentioned in column 1.\n- (a) a permanent, rigid deckhouse or cabin; or\n- (b) another space that is— (i) suitable for a person to occupy; and (ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.\n- (i) suitable for a person to occupy; and\n- (ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.\n- (i) suitable for a person to occupy; and\n- (ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.\n- (a) a permanent, rigid deckhouse or cabin; or\n- (b) another space that is— (i) suitable for a person to occupy; and (ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.\n- (i) suitable for a person to occupy; and\n- (ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.\n- (i) suitable for a person to occupy; and\n- (ii) enclosed, except for 1 opening suitable for a person to enter or leave the space.","sortOrder":22},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Expiry date and service requirement for safety equipment","content":"# Expiry date and service requirement for safety equipment","sortOrder":23},{"sectionNumber":"sec.25","sectionType":"section","heading":"Expiry date and service requirement for particular safety equipment","content":"### sec.25 Expiry date and service requirement for particular safety equipment\n\nThis section applies if a Queensland regulated ship is required by this regulation to be equipped with any of the following safety equipment—\nan EPIRB;\na lifejacket level 50, a lifejacket level 50S, or a lifejacket level 100, that is inflatable;\na fire extinguisher;\na compliant handheld red flare;\na compliant handheld orange smoke signal.\nFor this chapter, the Queensland regulated ship is taken to be equipped with the safety equipment mentioned in subsection (1) (a) , (c) , (d) or (e) only if—\nthe equipment shows a legible expiry date, however described, for the equipment; and\nat the relevant time—\nthe expiry date has not passed; and\nthe equipment is in good working order; and\nthe equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment.\nFor this chapter, the Queensland regulated ship is taken to be equipped with a lifejacket mentioned in subsection (1) (b) only if—\nthe lifejacket shows a legible expiry date, however described, for the lifejacket; and\nat the relevant time—\nthe expiry date has not passed; and\nthe lifejacket is in good working order; and\neach service of the lifejacket complies with the relevant servicing requirements for the lifejacket.\nIn this section—\nrelevant servicing requirements , for a lifejacket mentioned in subsection (1) (b) , means—\nif the manufacturer’s requirements for servicing the lifejacket provide for the servicing of the lifejacket by, and the lifejacket is serviced by, a person other than the manufacturer or the manufacturer’s authorised service agent—\nthe lifejacket is serviced in accordance with the manufacturer’s requirements; and\nthe date of the service is marked on the lifejacket in the required way; or\notherwise—\nthe lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and\nthe date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket.\na certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent\nrequired way , for marking the date of a service on a lifejacket, means—\nif the manufacturer’s requirements for servicing the lifejacket require the date of the service to be marked on the lifejacket—the date is marked on the lifejacket in accordance with the requirements; or\notherwise—the month and year of the service is permanently and legibly marked on a readily accessible part of the lifejacket’s bladder, opposite the firing mechanism, in the format ‘MM–YY’.\nIf the lifejacket is serviced on 13 January 2022, the date of the service is marked as ‘01–22’.\ns 25 sub 2022 SL No. 20 s 4\n(sec.25-ssec.1) This section applies if a Queensland regulated ship is required by this regulation to be equipped with any of the following safety equipment— an EPIRB; a lifejacket level 50, a lifejacket level 50S, or a lifejacket level 100, that is inflatable; a fire extinguisher; a compliant handheld red flare; a compliant handheld orange smoke signal.\n(sec.25-ssec.2) For this chapter, the Queensland regulated ship is taken to be equipped with the safety equipment mentioned in subsection (1) (a) , (c) , (d) or (e) only if— the equipment shows a legible expiry date, however described, for the equipment; and at the relevant time— the expiry date has not passed; and the equipment is in good working order; and the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment.\n(sec.25-ssec.3) For this chapter, the Queensland regulated ship is taken to be equipped with a lifejacket mentioned in subsection (1) (b) only if— the lifejacket shows a legible expiry date, however described, for the lifejacket; and at the relevant time— the expiry date has not passed; and the lifejacket is in good working order; and each service of the lifejacket complies with the relevant servicing requirements for the lifejacket.\n(sec.25-ssec.4) In this section— relevant servicing requirements , for a lifejacket mentioned in subsection (1) (b) , means— if the manufacturer’s requirements for servicing the lifejacket provide for the servicing of the lifejacket by, and the lifejacket is serviced by, a person other than the manufacturer or the manufacturer’s authorised service agent— the lifejacket is serviced in accordance with the manufacturer’s requirements; and the date of the service is marked on the lifejacket in the required way; or otherwise— the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket. a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent required way , for marking the date of a service on a lifejacket, means— if the manufacturer’s requirements for servicing the lifejacket require the date of the service to be marked on the lifejacket—the date is marked on the lifejacket in accordance with the requirements; or otherwise—the month and year of the service is permanently and legibly marked on a readily accessible part of the lifejacket’s bladder, opposite the firing mechanism, in the format ‘MM–YY’. If the lifejacket is serviced on 13 January 2022, the date of the service is marked as ‘01–22’.\n- (a) an EPIRB;\n- (b) a lifejacket level 50, a lifejacket level 50S, or a lifejacket level 100, that is inflatable;\n- (c) a fire extinguisher;\n- (d) a compliant handheld red flare;\n- (e) a compliant handheld orange smoke signal.\n- (a) the equipment shows a legible expiry date, however described, for the equipment; and\n- (b) at the relevant time— (i) the expiry date has not passed; and (ii) the equipment is in good working order; and (iii) the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment.\n- (i) the expiry date has not passed; and\n- (ii) the equipment is in good working order; and\n- (iii) the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment.\n- (i) the expiry date has not passed; and\n- (ii) the equipment is in good working order; and\n- (iii) the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment.\n- (a) the lifejacket shows a legible expiry date, however described, for the lifejacket; and\n- (b) at the relevant time— (i) the expiry date has not passed; and (ii) the lifejacket is in good working order; and (iii) each service of the lifejacket complies with the relevant servicing requirements for the lifejacket.\n- (i) the expiry date has not passed; and\n- (ii) the lifejacket is in good working order; and\n- (iii) each service of the lifejacket complies with the relevant servicing requirements for the lifejacket.\n- (i) the expiry date has not passed; and\n- (ii) the lifejacket is in good working order; and\n- (iii) each service of the lifejacket complies with the relevant servicing requirements for the lifejacket.\n- (a) if the manufacturer’s requirements for servicing the lifejacket provide for the servicing of the lifejacket by, and the lifejacket is serviced by, a person other than the manufacturer or the manufacturer’s authorised service agent— (i) the lifejacket is serviced in accordance with the manufacturer’s requirements; and (ii) the date of the service is marked on the lifejacket in the required way; or\n- (i) the lifejacket is serviced in accordance with the manufacturer’s requirements; and\n- (ii) the date of the service is marked on the lifejacket in the required way; or\n- (b) otherwise— (i) the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and (ii) the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket. Example of a record of a service that may be shown to a shipping inspector— a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent\n- (i) the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and\n- (ii) the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket. Example of a record of a service that may be shown to a shipping inspector— a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent\n- (i) the lifejacket is serviced in accordance with the manufacturer’s requirements; and\n- (ii) the date of the service is marked on the lifejacket in the required way; or\n- (i) the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and\n- (ii) the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket. Example of a record of a service that may be shown to a shipping inspector— a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent\n- (a) if the manufacturer’s requirements for servicing the lifejacket require the date of the service to be marked on the lifejacket—the date is marked on the lifejacket in accordance with the requirements; or\n- (b) otherwise—the month and year of the service is permanently and legibly marked on a readily accessible part of the lifejacket’s bladder, opposite the firing mechanism, in the format ‘MM–YY’. Example for paragraph (b) — If the lifejacket is serviced on 13 January 2022, the date of the service is marked as ‘01–22’.","sortOrder":24},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Registration of Queensland regulated ships","content":"# Registration of Queensland regulated ships","sortOrder":25},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of registration requirements— Act , s 54","content":"### sec.26 Application of registration requirements— Act , s 54\n\nPart 5 , division 1 of the Act applies to the following Queensland regulated ships—\nall Queensland regulated ships operating in Queensland waters and owned or chartered by—\nan individual whose place of residence, or principal place of residence, is in Queensland; or\na person whose place of business, or principal place of business, is in Queensland; or\na person whose principal place of business for managing the ship’s operations is in Queensland;\nall Queensland regulated ships not mentioned in paragraph (a) —\non Queensland intrastate voyages; or\non interstate voyages while they are in Queensland waters.\nHowever, part 5 , division 1 of the Act does not apply to the following ships—\na Queensland regulated ship that—\nis not powered; or\nis powered by an engine of less than 3kW;\na recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if—\nthe ship is registered under a law of another State about the registration of ships; and\nthe ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\na tender to a registered Queensland regulated ship if the tender is operated only within a radius of 2n miles from the ship;\na Queensland regulated ship the subject of a restricted use authority;\na recreational ship from a foreign country if—\nthe ship is in Queensland waters for less than 1 year; and\nthe ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\nan other Queensland regulated ship that—\nis less than 10m; and\nis the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ;\na Queensland regulated ship that is not on or in water.\nIf the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water.\nGenerally speaking, a regulation may only require a Queensland regulated ship to which part 5 , division 1 of the Act applies to be registered.\n(sec.26-ssec.1) Part 5 , division 1 of the Act applies to the following Queensland regulated ships— all Queensland regulated ships operating in Queensland waters and owned or chartered by— an individual whose place of residence, or principal place of residence, is in Queensland; or a person whose place of business, or principal place of business, is in Queensland; or a person whose principal place of business for managing the ship’s operations is in Queensland; all Queensland regulated ships not mentioned in paragraph (a) — on Queensland intrastate voyages; or on interstate voyages while they are in Queensland waters.\n(sec.26-ssec.2) However, part 5 , division 1 of the Act does not apply to the following ships— a Queensland regulated ship that— is not powered; or is powered by an engine of less than 3kW; a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if— the ship is registered under a law of another State about the registration of ships; and the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ; a tender to a registered Queensland regulated ship if the tender is operated only within a radius of 2n miles from the ship; a Queensland regulated ship the subject of a restricted use authority; a recreational ship from a foreign country if— the ship is in Queensland waters for less than 1 year; and the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ; an other Queensland regulated ship that— is less than 10m; and is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ; a Queensland regulated ship that is not on or in water. If the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water. Generally speaking, a regulation may only require a Queensland regulated ship to which part 5 , division 1 of the Act applies to be registered.\n- (a) all Queensland regulated ships operating in Queensland waters and owned or chartered by— (i) an individual whose place of residence, or principal place of residence, is in Queensland; or (ii) a person whose place of business, or principal place of business, is in Queensland; or (iii) a person whose principal place of business for managing the ship’s operations is in Queensland;\n- (i) an individual whose place of residence, or principal place of residence, is in Queensland; or\n- (ii) a person whose place of business, or principal place of business, is in Queensland; or\n- (iii) a person whose principal place of business for managing the ship’s operations is in Queensland;\n- (b) all Queensland regulated ships not mentioned in paragraph (a) — (i) on Queensland intrastate voyages; or (ii) on interstate voyages while they are in Queensland waters.\n- (i) on Queensland intrastate voyages; or\n- (ii) on interstate voyages while they are in Queensland waters.\n- (i) an individual whose place of residence, or principal place of residence, is in Queensland; or\n- (ii) a person whose place of business, or principal place of business, is in Queensland; or\n- (iii) a person whose principal place of business for managing the ship’s operations is in Queensland;\n- (i) on Queensland intrastate voyages; or\n- (ii) on interstate voyages while they are in Queensland waters.\n- (a) a Queensland regulated ship that— (i) is not powered; or (ii) is powered by an engine of less than 3kW;\n- (i) is not powered; or\n- (ii) is powered by an engine of less than 3kW;\n- (b) a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if— (i) the ship is registered under a law of another State about the registration of ships; and (ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\n- (i) the ship is registered under a law of another State about the registration of ships; and\n- (ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\n- (c) a tender to a registered Queensland regulated ship if the tender is operated only within a radius of 2n miles from the ship;\n- (d) a Queensland regulated ship the subject of a restricted use authority;\n- (e) a recreational ship from a foreign country if— (i) the ship is in Queensland waters for less than 1 year; and (ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\n- (i) the ship is in Queensland waters for less than 1 year; and\n- (ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\n- (f) an other Queensland regulated ship that— (i) is less than 10m; and (ii) is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ;\n- (i) is less than 10m; and\n- (ii) is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ;\n- (g) a Queensland regulated ship that is not on or in water. Example of operation of paragraph (g) — If the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water. Note— Generally speaking, a regulation may only require a Queensland regulated ship to which part 5 , division 1 of the Act applies to be registered.\n- (i) is not powered; or\n- (ii) is powered by an engine of less than 3kW;\n- (i) the ship is registered under a law of another State about the registration of ships; and\n- (ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\n- (i) the ship is in Queensland waters for less than 1 year; and\n- (ii) the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ;\n- (i) is less than 10m; and\n- (ii) is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ;","sortOrder":26},{"sectionNumber":"sec.27","sectionType":"section","heading":"Requirement to register","content":"### sec.27 Requirement to register\n\nA Queensland regulated ship must be registered as—\nif the ship is a recreational ship—a recreational ship; or\nif the ship is an other Queensland regulated ship—an other Queensland regulated ship.\nThe owner of a Queensland regulated ship must ensure the ship is registered as mentioned in subsection (1) unless the owner has a reasonable excuse.\nMaximum penalty for subsection (2) —200 penalty units.\nThe procedure for registration of Queensland regulated ships is in chapter 6 , part 2 .\n(sec.27-ssec.1) A Queensland regulated ship must be registered as— if the ship is a recreational ship—a recreational ship; or if the ship is an other Queensland regulated ship—an other Queensland regulated ship.\n(sec.27-ssec.2) The owner of a Queensland regulated ship must ensure the ship is registered as mentioned in subsection (1) unless the owner has a reasonable excuse. Maximum penalty for subsection (2) —200 penalty units. The procedure for registration of Queensland regulated ships is in chapter 6 , part 2 .\n- (a) if the ship is a recreational ship—a recreational ship; or\n- (b) if the ship is an other Queensland regulated ship—an other Queensland regulated ship.","sortOrder":27},{"sectionNumber":"sec.28","sectionType":"section","heading":"General power to register","content":"### sec.28 General power to register\n\nThe chief executive may register a ship as a recreational ship if the chief executive considers the ship is, or will be, a recreational ship.\nThe chief executive or the general manager may register a ship as an other Queensland regulated ship if the chief executive or the general manager considers the ship is, or will be, an other Queensland regulated ship.\n(sec.28-ssec.1) The chief executive may register a ship as a recreational ship if the chief executive considers the ship is, or will be, a recreational ship.\n(sec.28-ssec.2) The chief executive or the general manager may register a ship as an other Queensland regulated ship if the chief executive or the general manager considers the ship is, or will be, an other Queensland regulated ship.","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"New registration of prescribed other Queensland regulated ship","content":"### sec.29 New registration of prescribed other Queensland regulated ship\n\nThis section applies if—\na person (the applicant ) applies to the chief executive or the general manager (the registering entity ) to register an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship; and\nthe ship has not been registered as an other Queensland regulated ship and has not been a prescribed other Queensland regulated ship at any time in the last 6 months.\nThe registering entity may ask the applicant—\nto give the entity a survey report for the ship issued by—\nif the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or\notherwise—a competent person; or\nto allow the entity to inspect the ship, and to pay the fee for the inspection.\nThe registering entity may make a request under subsection (2) only if the entity has reasonable grounds to make the request.\nthe ship is not a standard model\nthe ship has been involved in a marine incident\nthe use of the ship may involve activities that create a high risk to safety\nfor making a request under subsection (2) (a) (i) —the ship is to carry a large number of people and operate far from land\nThe registering entity may accept, as a substitute for a survey report mentioned in subsection (2) (a) , a certificate of operation under the national law for the ship that—\nis current; or\nexpired less than 6 months before the application is made.\nThe registering entity may refuse to register the ship if the applicant does not comply with the request.\nIf the registering entity registers the ship, the ship’s registration certificate must indicate that the ship is a prescribed other Queensland regulated ship.\n(sec.29-ssec.1) This section applies if— a person (the applicant ) applies to the chief executive or the general manager (the registering entity ) to register an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship; and the ship has not been registered as an other Queensland regulated ship and has not been a prescribed other Queensland regulated ship at any time in the last 6 months.\n(sec.29-ssec.2) The registering entity may ask the applicant— to give the entity a survey report for the ship issued by— if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or otherwise—a competent person; or to allow the entity to inspect the ship, and to pay the fee for the inspection.\n(sec.29-ssec.3) The registering entity may make a request under subsection (2) only if the entity has reasonable grounds to make the request. the ship is not a standard model the ship has been involved in a marine incident the use of the ship may involve activities that create a high risk to safety for making a request under subsection (2) (a) (i) —the ship is to carry a large number of people and operate far from land\n(sec.29-ssec.4) The registering entity may accept, as a substitute for a survey report mentioned in subsection (2) (a) , a certificate of operation under the national law for the ship that— is current; or expired less than 6 months before the application is made.\n(sec.29-ssec.5) The registering entity may refuse to register the ship if the applicant does not comply with the request.\n(sec.29-ssec.6) If the registering entity registers the ship, the ship’s registration certificate must indicate that the ship is a prescribed other Queensland regulated ship.\n- (a) a person (the applicant ) applies to the chief executive or the general manager (the registering entity ) to register an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship; and\n- (b) the ship has not been registered as an other Queensland regulated ship and has not been a prescribed other Queensland regulated ship at any time in the last 6 months.\n- (a) to give the entity a survey report for the ship issued by— (i) if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or (ii) otherwise—a competent person; or\n- (i) if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or\n- (ii) otherwise—a competent person; or\n- (b) to allow the entity to inspect the ship, and to pay the fee for the inspection.\n- (i) if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or\n- (ii) otherwise—a competent person; or\n- • the ship is not a standard model\n- • the ship has been involved in a marine incident\n- • the use of the ship may involve activities that create a high risk to safety\n- • for making a request under subsection (2) (a) (i) —the ship is to carry a large number of people and operate far from land\n- (a) is current; or\n- (b) expired less than 6 months before the application is made.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Statutory conditions of registration of other Queensland regulated ship","content":"### sec.30 Statutory conditions of registration of other Queensland regulated ship\n\nAn other Queensland regulated ship is registered on the following conditions—\nthe owner or master of the ship must have a safety management system for the ship that—\ncomplies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or\nis approved by the registering entity as an appropriate safety management system for the ship;\nthe owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in—\nthe builders plate for the ship; or\nif there is no builders plate for the ship—the ship’s registration certificate;\nthe owner or master of the ship must not operate the ship—\nif the ship has basic flotation—outside of smooth waters; or\nif the ship has level flotation—more than 15n miles from land.\nSubsection (1) (c) does not apply to an other Queensland regulated ship if the ship’s registration certificate indicates it is a prescribed other Queensland regulated ship.\nIn this section—\nbasic flotation means basic flotation within the meaning of the ABP Standard.\nSee section 57 (4) of the Act in relation to contravening conditions of the registration of a ship.\ns 30 amd 2021 SL No. 180 s 9\n(sec.30-ssec.1) An other Queensland regulated ship is registered on the following conditions— the owner or master of the ship must have a safety management system for the ship that— complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or is approved by the registering entity as an appropriate safety management system for the ship; the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in— the builders plate for the ship; or if there is no builders plate for the ship—the ship’s registration certificate; the owner or master of the ship must not operate the ship— if the ship has basic flotation—outside of smooth waters; or if the ship has level flotation—more than 15n miles from land.\n(sec.30-ssec.2) Subsection (1) (c) does not apply to an other Queensland regulated ship if the ship’s registration certificate indicates it is a prescribed other Queensland regulated ship.\n(sec.30-ssec.3) In this section— basic flotation means basic flotation within the meaning of the ABP Standard. See section 57 (4) of the Act in relation to contravening conditions of the registration of a ship.\n- (a) the owner or master of the ship must have a safety management system for the ship that— (i) complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or (ii) is approved by the registering entity as an appropriate safety management system for the ship;\n- (i) complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or\n- (ii) is approved by the registering entity as an appropriate safety management system for the ship;\n- (b) the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in— (i) the builders plate for the ship; or (ii) if there is no builders plate for the ship—the ship’s registration certificate;\n- (i) the builders plate for the ship; or\n- (ii) if there is no builders plate for the ship—the ship’s registration certificate;\n- (c) the owner or master of the ship must not operate the ship— (i) if the ship has basic flotation—outside of smooth waters; or (ii) if the ship has level flotation—more than 15n miles from land.\n- (i) if the ship has basic flotation—outside of smooth waters; or\n- (ii) if the ship has level flotation—more than 15n miles from land.\n- (i) complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or\n- (ii) is approved by the registering entity as an appropriate safety management system for the ship;\n- (i) the builders plate for the ship; or\n- (ii) if there is no builders plate for the ship—the ship’s registration certificate;\n- (i) if the ship has basic flotation—outside of smooth waters; or\n- (ii) if the ship has level flotation—more than 15n miles from land.","sortOrder":30},{"sectionNumber":"sec.31","sectionType":"section","heading":"Imposition of conditions on registration of prescribed other Queensland regulated ship","content":"### sec.31 Imposition of conditions on registration of prescribed other Queensland regulated ship\n\nThe registering entity may impose any of the following conditions on the registration of an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship—\na condition that the owner or master of the ship must not operate the ship other than in waters stated in the ship’s registration certificate;\na condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence;\na condition that the ship must be equipped with a particular type of safety equipment.\nUnder section 107 , the document evidencing the registration of a Queensland regulated ship must state all conditions imposed on the registration under this regulation.\nSubsection (3) applies if—\nthe registering entity imposes a condition that the ship must be equipped with safety equipment under subsection (1) (c) ; and\nthe equipment is an inflatable life raft or is mentioned in section 25 (1) .\nThe ship is taken to have complied with the condition only if the safety equipment complies with—\nfor the equipment mentioned in section 25 (1) (b) — section 25 (3) (a) and (b) ; or\notherwise— section 25 (2) (a) and (b) .\nThis section does not limit the ability of the registering entity to impose other conditions on the registration under section 105 .\nSee section 57 (4) of the Act in relation to contravening conditions of the registration of a ship.\ns 31 amd 2022 SL No. 20 s 5\n(sec.31-ssec.1) The registering entity may impose any of the following conditions on the registration of an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship— a condition that the owner or master of the ship must not operate the ship other than in waters stated in the ship’s registration certificate; a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence; a condition that the ship must be equipped with a particular type of safety equipment. Under section 107 , the document evidencing the registration of a Queensland regulated ship must state all conditions imposed on the registration under this regulation.\n(sec.31-ssec.2) Subsection (3) applies if— the registering entity imposes a condition that the ship must be equipped with safety equipment under subsection (1) (c) ; and the equipment is an inflatable life raft or is mentioned in section 25 (1) .\n(sec.31-ssec.3) The ship is taken to have complied with the condition only if the safety equipment complies with— for the equipment mentioned in section 25 (1) (b) — section 25 (3) (a) and (b) ; or otherwise— section 25 (2) (a) and (b) .\n(sec.31-ssec.4) This section does not limit the ability of the registering entity to impose other conditions on the registration under section 105 . See section 57 (4) of the Act in relation to contravening conditions of the registration of a ship.\n- (a) a condition that the owner or master of the ship must not operate the ship other than in waters stated in the ship’s registration certificate;\n- (b) a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence;\n- (c) a condition that the ship must be equipped with a particular type of safety equipment.\n- (a) the registering entity imposes a condition that the ship must be equipped with safety equipment under subsection (1) (c) ; and\n- (b) the equipment is an inflatable life raft or is mentioned in section 25 (1) .\n- (a) for the equipment mentioned in section 25 (1) (b) — section 25 (3) (a) and (b) ; or\n- (b) otherwise— section 25 (2) (a) and (b) .","sortOrder":31},{"sectionNumber":"sec.32","sectionType":"section","heading":"Ship may not be registered without builders plate","content":"### sec.32 Ship may not be registered without builders plate\n\nThis section applies to a ship to which a builders plate is required to be fixed under part 4 .\nThe registering entity may refuse to register a ship if—\na person applies for the ship for the first time to be registered under the Act ; and\neither—\na builders plate is not fixed to the ship in accordance with the ABP Standard; or\nthe registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.\n(sec.32-ssec.1) This section applies to a ship to which a builders plate is required to be fixed under part 4 .\n(sec.32-ssec.2) The registering entity may refuse to register a ship if— a person applies for the ship for the first time to be registered under the Act ; and either— a builders plate is not fixed to the ship in accordance with the ABP Standard; or the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.\n- (a) a person applies for the ship for the first time to be registered under the Act ; and\n- (b) either— (i) a builders plate is not fixed to the ship in accordance with the ABP Standard; or (ii) the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.\n- (i) a builders plate is not fixed to the ship in accordance with the ABP Standard; or\n- (ii) the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.\n- (i) a builders plate is not fixed to the ship in accordance with the ABP Standard; or\n- (ii) the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.","sortOrder":32},{"sectionNumber":"sec.33","sectionType":"section","heading":"Use of registered other Queensland regulated ship for private recreation","content":"### sec.33 Use of registered other Queensland regulated ship for private recreation\n\nThe owner or master of a ship registered as an other Queensland regulated ship may operate the ship for private recreation as provided under this section.\nBefore the ship is used for private recreation, the owner must state in the ship’s records—\nthe date and time when the use of the ship for private recreation starts; and\nif a nominated person is to use the ship for private recreation—the name of the nominated person.\nMaximum penalty—20 penalty units.\nThe following provisions apply for the period the ship is used for private recreation—\nthe ship is taken to be registered as a recreational ship;\nthe provisions of this regulation about recreational ships and their operation apply to the ship;\nthe provisions of this regulation about the operation of the ship as an other Queensland regulated ship do not apply to the ship;\na condition of registration applying to the ship does not apply to the ship.\nAfter the use of the ship for private recreation ends, the owner must state in the ship’s records the date and time when the use ended.\nMaximum penalty—20 penalty units.\n(sec.33-ssec.1) The owner or master of a ship registered as an other Queensland regulated ship may operate the ship for private recreation as provided under this section.\n(sec.33-ssec.2) Before the ship is used for private recreation, the owner must state in the ship’s records— the date and time when the use of the ship for private recreation starts; and if a nominated person is to use the ship for private recreation—the name of the nominated person. Maximum penalty—20 penalty units.\n(sec.33-ssec.3) The following provisions apply for the period the ship is used for private recreation— the ship is taken to be registered as a recreational ship; the provisions of this regulation about recreational ships and their operation apply to the ship; the provisions of this regulation about the operation of the ship as an other Queensland regulated ship do not apply to the ship; a condition of registration applying to the ship does not apply to the ship.\n(sec.33-ssec.4) After the use of the ship for private recreation ends, the owner must state in the ship’s records the date and time when the use ended. Maximum penalty—20 penalty units.\n- (a) the date and time when the use of the ship for private recreation starts; and\n- (b) if a nominated person is to use the ship for private recreation—the name of the nominated person.\n- (a) the ship is taken to be registered as a recreational ship;\n- (b) the provisions of this regulation about recreational ships and their operation apply to the ship;\n- (c) the provisions of this regulation about the operation of the ship as an other Queensland regulated ship do not apply to the ship;\n- (d) a condition of registration applying to the ship does not apply to the ship.","sortOrder":33},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Register of registered Queensland regulated ships","content":"# Register of registered Queensland regulated ships","sortOrder":34},{"sectionNumber":"sec.34","sectionType":"section","heading":"Keeping register","content":"### sec.34 Keeping register\n\nThe chief executive and general manager are jointly responsible for keeping a register of registered Queensland regulated ships.\nThe entity that registers a Queensland regulated ship must record in the register the following particulars for the ship—\nthe ship’s registered owner’s name and address;\nthe registration number;\nthe type of registration;\na description of the ship including length and beam, engine details and construction materials.\nThe register may also include other particulars for a Queensland regulated ship decided by the entity that registered the ship.\nWithin 14 days after changes to a particular of a ship’s registration, other than a change in the ship’s ownership, the ship’s registered owner must give the entity that registered the ship written notice of the change in the approved form.\nMaximum penalty for subsection (4) —10 penalty units.\nSee section 158 in relation to the transfer of the registration of a Queensland regulated ship.\n(sec.34-ssec.1) The chief executive and general manager are jointly responsible for keeping a register of registered Queensland regulated ships.\n(sec.34-ssec.2) The entity that registers a Queensland regulated ship must record in the register the following particulars for the ship— the ship’s registered owner’s name and address; the registration number; the type of registration; a description of the ship including length and beam, engine details and construction materials.\n(sec.34-ssec.3) The register may also include other particulars for a Queensland regulated ship decided by the entity that registered the ship.\n(sec.34-ssec.4) Within 14 days after changes to a particular of a ship’s registration, other than a change in the ship’s ownership, the ship’s registered owner must give the entity that registered the ship written notice of the change in the approved form. Maximum penalty for subsection (4) —10 penalty units. See section 158 in relation to the transfer of the registration of a Queensland regulated ship.\n- (a) the ship’s registered owner’s name and address;\n- (b) the registration number;\n- (c) the type of registration;\n- (d) a description of the ship including length and beam, engine details and construction materials.","sortOrder":35},{"sectionNumber":"sec.35","sectionType":"section","heading":"Inspection of register","content":"### sec.35 Inspection of register\n\nThis section applies if the chief executive or the general manager is reasonably satisfied that a person has a legitimate interest in obtaining access to information about a particular ship in the register because—\nthe person is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or\nthe person is proposing to start, or has started, a relevant proceeding for which information in the register about the ship is, or may be, relevant; or\nthe person has another interest that justifies the person having access to the register.\nThe person may, on payment of the fee and on reasonable conditions imposed by the chief executive or the general manager—\ninspect the register of registered Queensland regulated ships at the office of the chief executive or the general manager when the office is open to the public; and\ntake extracts from, or obtain a copy of particulars in, the register.\nHowever, the person may only inspect the part of the register that is relevant to the person’s interest.\nIn this section—\nrelevant proceeding means—\na proceeding in a court about—\na marine incident involving the ship; or\nthe registered owner of the ship being or possibly becoming an insolvent under administration; or\nthe application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or\nfraudulent activities of the registered owner of the ship; or\na proceeding before the Family Court of Australia that involves the registered owner of the ship; or\nanother proceeding in a court, if in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding.\ns 35 amd 2023 Act No. 23 s 247 sch 1 s 2 (3)\n(sec.35-ssec.1) This section applies if the chief executive or the general manager is reasonably satisfied that a person has a legitimate interest in obtaining access to information about a particular ship in the register because— the person is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or the person is proposing to start, or has started, a relevant proceeding for which information in the register about the ship is, or may be, relevant; or the person has another interest that justifies the person having access to the register.\n(sec.35-ssec.2) The person may, on payment of the fee and on reasonable conditions imposed by the chief executive or the general manager— inspect the register of registered Queensland regulated ships at the office of the chief executive or the general manager when the office is open to the public; and take extracts from, or obtain a copy of particulars in, the register.\n(sec.35-ssec.3) However, the person may only inspect the part of the register that is relevant to the person’s interest.\n(sec.35-ssec.4) In this section— relevant proceeding means— a proceeding in a court about— a marine incident involving the ship; or the registered owner of the ship being or possibly becoming an insolvent under administration; or the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or fraudulent activities of the registered owner of the ship; or a proceeding before the Family Court of Australia that involves the registered owner of the ship; or another proceeding in a court, if in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding.\n- (a) the person is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or\n- (b) the person is proposing to start, or has started, a relevant proceeding for which information in the register about the ship is, or may be, relevant; or\n- (c) the person has another interest that justifies the person having access to the register.\n- (a) inspect the register of registered Queensland regulated ships at the office of the chief executive or the general manager when the office is open to the public; and\n- (b) take extracts from, or obtain a copy of particulars in, the register.\n- (a) a proceeding in a court about— (i) a marine incident involving the ship; or (ii) the registered owner of the ship being or possibly becoming an insolvent under administration; or (iii) the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or (iv) fraudulent activities of the registered owner of the ship; or\n- (i) a marine incident involving the ship; or\n- (ii) the registered owner of the ship being or possibly becoming an insolvent under administration; or\n- (iii) the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or\n- (iv) fraudulent activities of the registered owner of the ship; or\n- (b) a proceeding before the Family Court of Australia that involves the registered owner of the ship; or\n- (c) another proceeding in a court, if in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding.\n- (i) a marine incident involving the ship; or\n- (ii) the registered owner of the ship being or possibly becoming an insolvent under administration; or\n- (iii) the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or\n- (iv) fraudulent activities of the registered owner of the ship; or","sortOrder":36},{"sectionNumber":"sec.36","sectionType":"section","heading":"Release of ship-related information for particular purposes","content":"### sec.36 Release of ship-related information for particular purposes\n\nThe chief executive or the general manager may give ship-related information about a ship to a person if reasonably satisfied the information will inform the person about—\nwhether the ship is or is not registered; or\nthe ship’s purpose or use.\nIn this section—\ngive , for ship-related information about a ship, includes giving the information electronically or orally.\nship-related information , about a ship, means information about the ship from the register, other than personal information about a current or previous registered owner of the ship.\n(sec.36-ssec.1) The chief executive or the general manager may give ship-related information about a ship to a person if reasonably satisfied the information will inform the person about— whether the ship is or is not registered; or the ship’s purpose or use.\n(sec.36-ssec.2) In this section— give , for ship-related information about a ship, includes giving the information electronically or orally. ship-related information , about a ship, means information about the ship from the register, other than personal information about a current or previous registered owner of the ship.\n- (a) whether the ship is or is not registered; or\n- (b) the ship’s purpose or use.","sortOrder":37},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Display of registration material on Queensland regulated ships","content":"# Display of registration material on Queensland regulated ships","sortOrder":38},{"sectionNumber":"sec.37","sectionType":"section","heading":"Registration number","content":"### sec.37 Registration number\n\nThe owner or master of a registered Queensland regulated ship must ensure the ship’s registration number is displayed on the ship in the way required under this section.\nMaximum penalty—50 penalty units.\nThe registration number must be—\nabove the waterline when the ship is afloat; and\npermanently displayed—\nin dark colours on a light background; or\nin light colours on a dark background; and\nlegible from 30m away.\nAlso, the registration number must be displayed—\nfor a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or\nfor a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or\nfor all other ships—either on both sides of the ship or on its stern, in characters at least 75mm high.\n(sec.37-ssec.1) The owner or master of a registered Queensland regulated ship must ensure the ship’s registration number is displayed on the ship in the way required under this section. Maximum penalty—50 penalty units.\n(sec.37-ssec.2) The registration number must be— above the waterline when the ship is afloat; and permanently displayed— in dark colours on a light background; or in light colours on a dark background; and legible from 30m away.\n(sec.37-ssec.3) Also, the registration number must be displayed— for a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or for a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or for all other ships—either on both sides of the ship or on its stern, in characters at least 75mm high.\n- (a) above the waterline when the ship is afloat; and\n- (b) permanently displayed— (i) in dark colours on a light background; or (ii) in light colours on a dark background; and\n- (i) in dark colours on a light background; or\n- (ii) in light colours on a dark background; and\n- (c) legible from 30m away.\n- (i) in dark colours on a light background; or\n- (ii) in light colours on a dark background; and\n- (a) for a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or\n- (b) for a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or\n- (c) for all other ships—either on both sides of the ship or on its stern, in characters at least 75mm high.","sortOrder":39},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2019 SL No. 51 s 12","sortOrder":40},{"sectionNumber":"sec.39","sectionType":"section","heading":"Markings for particular tenders","content":"### sec.39 Markings for particular tenders\n\nThis section applies to a tender to a Queensland regulated ship, if the tender is not required to be registered because the tender is operated only within a radius of 2n miles from the ship.\nThe owner or master of the tender must ensure the tender is marked in the way required under this section.\nMaximum penalty—50 penalty units.\nThe tender must be clearly, legibly and permanently marked on its exterior, above the waterline when the ship is afloat, with the word ‘TENDER’ and the registration number of the ship to which the tender is a tender.\nThe markings required under subsection (3) must be in characters at least 75mm high.\nHowever, if a tender can not be practicably marked on its exterior in the way required under subsection (3) or in the size of characters required under subsection (4) , it must be marked on its interior in the largest characters practicable.\nIf a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may be marked with the owner’s name instead of the marking or number required under subsection (3) .\n(sec.39-ssec.1) This section applies to a tender to a Queensland regulated ship, if the tender is not required to be registered because the tender is operated only within a radius of 2n miles from the ship.\n(sec.39-ssec.2) The owner or master of the tender must ensure the tender is marked in the way required under this section. Maximum penalty—50 penalty units.\n(sec.39-ssec.3) The tender must be clearly, legibly and permanently marked on its exterior, above the waterline when the ship is afloat, with the word ‘TENDER’ and the registration number of the ship to which the tender is a tender.\n(sec.39-ssec.4) The markings required under subsection (3) must be in characters at least 75mm high.\n(sec.39-ssec.5) However, if a tender can not be practicably marked on its exterior in the way required under subsection (3) or in the size of characters required under subsection (4) , it must be marked on its interior in the largest characters practicable.\n(sec.39-ssec.6) If a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may be marked with the owner’s name instead of the marking or number required under subsection (3) .","sortOrder":41},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Builders plates","content":"# Builders plates","sortOrder":42},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":43},{"sectionNumber":"sec.40","sectionType":"section","heading":"Main purpose of part","content":"### sec.40 Main purpose of part\n\nThe main purpose of this part is to give effect to the ABP Standard (which is a national standard applying to builders plates for recreational ships).\nThe main purpose is achieved by—\nrequiring builders plates to be fixed to particular Queensland regulated ships when they are sold in Queensland; and\nrequiring information on the builders plates, fixed to the particular Queensland regulated ships, to promote the safe use of the ships.\n(sec.40-ssec.1) The main purpose of this part is to give effect to the ABP Standard (which is a national standard applying to builders plates for recreational ships).\n(sec.40-ssec.2) The main purpose is achieved by— requiring builders plates to be fixed to particular Queensland regulated ships when they are sold in Queensland; and requiring information on the builders plates, fixed to the particular Queensland regulated ships, to promote the safe use of the ships.\n- (a) requiring builders plates to be fixed to particular Queensland regulated ships when they are sold in Queensland; and\n- (b) requiring information on the builders plates, fixed to the particular Queensland regulated ships, to promote the safe use of the ships.","sortOrder":44},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of part","content":"### sec.41 Application of part\n\nThis part applies to a Queensland regulated ship unless this section provides otherwise.\nThis part does not apply to any of the following—\na second-hand ship;\nan amphibious vehicle;\na canoe, kayak, surf ski or similar ship designed to be powered by paddle;\na pedal-powered boat;\na rowing shell used for racing or rowing training;\na sailboard, sail kite or other similar ship;\na surf row boat;\na hydrofoil or hovercraft;\na sailing ship;\na submersible;\nan aquatic toy.\nThis part does not apply to a Queensland regulated ship that, before 29 September 2006, had reached a stage of construction of having the keel laid or a stage of construction at which—\nthe ship was identifiable as a ship of a particular type; and\na part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser.\nThis part does not apply to a Queensland regulated ship that is a personal watercraft if the following information is written on or attached to the ship in a clearly visible place—\nthe total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship;\nthe maximum number of persons the ship may carry, as recommended by the builder of the ship.\nThis part does not apply to a Queensland regulated ship that is an inflatable boat to which ISO 6185 (Inflatable boats) applies if the ship—\nhas a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or\nhas a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook.\nIn this section—\naquatic toy means an object designed primarily for play in or on water, including, for example—\nan object designed solely to be towed behind a recreational ship; and\nan inflatable boat to which ISO 6185 (Inflatable boats) does not apply.\nISO means a standard published by the International Organization for Standardization.\nowner builder , of a ship, means an individual who builds the ship for the individual’s own use.\nrelevant European Recreational Craft Directive means a directive made by the European Parliament and the Council of the European Union relating to recreational craft that was in force at the time the ship was built.\nAt the commencement of this definition, relevant European Recreational Craft Directives are available at http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/recreational-craft/index_en.htm.\nsecond-hand ship means a ship that has been used previously, other than used only as follows—\nin the course of being built or tested;\nby the owner builder of the ship;\nby the builder of the ship;\nfor transporting the ship for sale;\nfor demonstrating the ship to a purchaser.\ns 41 amd 2024 SL No. 188 s 8\n(sec.41-ssec.1) This part applies to a Queensland regulated ship unless this section provides otherwise.\n(sec.41-ssec.2) This part does not apply to any of the following— a second-hand ship; an amphibious vehicle; a canoe, kayak, surf ski or similar ship designed to be powered by paddle; a pedal-powered boat; a rowing shell used for racing or rowing training; a sailboard, sail kite or other similar ship; a surf row boat; a hydrofoil or hovercraft; a sailing ship; a submersible; an aquatic toy.\n(sec.41-ssec.3) This part does not apply to a Queensland regulated ship that, before 29 September 2006, had reached a stage of construction of having the keel laid or a stage of construction at which— the ship was identifiable as a ship of a particular type; and a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser.\n(sec.41-ssec.4) This part does not apply to a Queensland regulated ship that is a personal watercraft if the following information is written on or attached to the ship in a clearly visible place— the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship; the maximum number of persons the ship may carry, as recommended by the builder of the ship.\n(sec.41-ssec.5) This part does not apply to a Queensland regulated ship that is an inflatable boat to which ISO 6185 (Inflatable boats) applies if the ship— has a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or has a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook.\n(sec.41-ssec.6) In this section— aquatic toy means an object designed primarily for play in or on water, including, for example— an object designed solely to be towed behind a recreational ship; and an inflatable boat to which ISO 6185 (Inflatable boats) does not apply. ISO means a standard published by the International Organization for Standardization. owner builder , of a ship, means an individual who builds the ship for the individual’s own use. relevant European Recreational Craft Directive means a directive made by the European Parliament and the Council of the European Union relating to recreational craft that was in force at the time the ship was built. At the commencement of this definition, relevant European Recreational Craft Directives are available at http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/recreational-craft/index_en.htm. second-hand ship means a ship that has been used previously, other than used only as follows— in the course of being built or tested; by the owner builder of the ship; by the builder of the ship; for transporting the ship for sale; for demonstrating the ship to a purchaser.\n- (a) a second-hand ship;\n- (b) an amphibious vehicle;\n- (c) a canoe, kayak, surf ski or similar ship designed to be powered by paddle;\n- (d) a pedal-powered boat;\n- (e) a rowing shell used for racing or rowing training;\n- (f) a sailboard, sail kite or other similar ship;\n- (g) a surf row boat;\n- (h) a hydrofoil or hovercraft;\n- (i) a sailing ship;\n- (j) a submersible;\n- (k) an aquatic toy.\n- (a) the ship was identifiable as a ship of a particular type; and\n- (b) a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser.\n- (a) the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship;\n- (b) the maximum number of persons the ship may carry, as recommended by the builder of the ship.\n- (a) has a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or\n- (b) has a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook.\n- (a) an object designed solely to be towed behind a recreational ship; and\n- (b) an inflatable boat to which ISO 6185 (Inflatable boats) does not apply.\n- (a) in the course of being built or tested;\n- (b) by the owner builder of the ship;\n- (c) by the builder of the ship;\n- (d) for transporting the ship for sale;\n- (e) for demonstrating the ship to a purchaser.","sortOrder":45},{"sectionNumber":"sec.42","sectionType":"section","heading":"Variation of ABP Standard","content":"### sec.42 Variation of ABP Standard\n\nFor this part—\na requirement of the ABP Standard to the effect that information on a builders plate for a ship must include the name of the builder of the ship is to be read as a requirement that the information must include—\nthe name of the builders plate approver who approves the information; and\nthe capacity in which the person approves the information; and\nfor paragraph (a) , a reference in the ABP Standard to the boat’s builder is, if the context permits, taken to be a reference to the builders plate approver mentioned in paragraph (a) (i) .\n- (a) a requirement of the ABP Standard to the effect that information on a builders plate for a ship must include the name of the builder of the ship is to be read as a requirement that the information must include— (i) the name of the builders plate approver who approves the information; and (ii) the capacity in which the person approves the information; and\n- (i) the name of the builders plate approver who approves the information; and\n- (ii) the capacity in which the person approves the information; and\n- (b) for paragraph (a) , a reference in the ABP Standard to the boat’s builder is, if the context permits, taken to be a reference to the builders plate approver mentioned in paragraph (a) (i) .\n- (i) the name of the builders plate approver who approves the information; and\n- (ii) the capacity in which the person approves the information; and","sortOrder":46},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Selling Queensland regulated ships without builders plate","content":"## Selling Queensland regulated ships without builders plate","sortOrder":47},{"sectionNumber":"sec.43","sectionType":"section","heading":"Ship for sale must have builders plate","content":"### sec.43 Ship for sale must have builders plate\n\nA person must not sell a ship unless—\na builders plate is fixed to the ship in accordance with the ABP Standard; and\nthe builders plate contains the information required by the ABP Standard; and\nthe information has been approved by a builders plate approver; and\nthe information is correct at the time of the sale.\nMaximum penalty—50 penalty units.\nIn this section—\nsell includes the following—\nsupply for sale;\noffer or display for sale.\n(sec.43-ssec.1) A person must not sell a ship unless— a builders plate is fixed to the ship in accordance with the ABP Standard; and the builders plate contains the information required by the ABP Standard; and the information has been approved by a builders plate approver; and the information is correct at the time of the sale. Maximum penalty—50 penalty units.\n(sec.43-ssec.2) In this section— sell includes the following— supply for sale; offer or display for sale.\n- (a) a builders plate is fixed to the ship in accordance with the ABP Standard; and\n- (b) the builders plate contains the information required by the ABP Standard; and\n- (c) the information has been approved by a builders plate approver; and\n- (d) the information is correct at the time of the sale.\n- (a) supply for sale;\n- (b) offer or display for sale.","sortOrder":48},{"sectionNumber":"sec.44","sectionType":"section","heading":"Defence relating to prescribed other Queensland regulated ships","content":"### sec.44 Defence relating to prescribed other Queensland regulated ships\n\nIt is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, a survey report for the ship—\nhad been obtained; or\nwas to be obtained for the purpose of section 29 .\n- (a) had been obtained; or\n- (b) was to be obtained for the purpose of section 29 .","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Defence that plate already fixed","content":"### sec.45 Defence that plate already fixed\n\nIt is a defence to a prosecution for an offence against section 43 if the defendant establishes that—\nthe defendant was not the builder of the ship; and\nthere was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and\nthe defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and\nthe defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.\n- (a) the defendant was not the builder of the ship; and\n- (b) there was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and\n- (c) the defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and\n- (d) the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.","sortOrder":50},{"sectionNumber":"sec.46","sectionType":"section","heading":"Defence if ship to be exported","content":"### sec.46 Defence if ship to be exported\n\nIt is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, the ship was to be exported overseas.","sortOrder":51},{"sectionNumber":"sec.47","sectionType":"section","heading":"Defence if ship for racing purposes","content":"### sec.47 Defence if ship for racing purposes\n\nIt is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, the ship was to be used only for racing in organised events.","sortOrder":52},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Requirements about builders plates","content":"## Requirements about builders plates","sortOrder":53},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of division","content":"### sec.48 Application of division\n\nThis division applies to a ship required under section 43 to have a builders plate fixed to it when sold in Queensland.","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":"Who may approve information on builders plate","content":"### sec.49 Who may approve information on builders plate\n\nThe information on a builders plate fixed to, or to be fixed to, a ship may only be approved by 1 of the following persons (a builders plate approver )—\nthe builder of the ship;\nan ABP competent person;\na person who imported the ship into Australia from overseas.\nIn this section—\nABP competent person means a person who, because of the person’s training, qualifications or experience, has the knowledge and skills to enable the person to competently decide and approve the information on a builders plate.\n(sec.49-ssec.1) The information on a builders plate fixed to, or to be fixed to, a ship may only be approved by 1 of the following persons (a builders plate approver )— the builder of the ship; an ABP competent person; a person who imported the ship into Australia from overseas.\n(sec.49-ssec.2) In this section— ABP competent person means a person who, because of the person’s training, qualifications or experience, has the knowledge and skills to enable the person to competently decide and approve the information on a builders plate.\n- (a) the builder of the ship;\n- (b) an ABP competent person;\n- (c) a person who imported the ship into Australia from overseas.","sortOrder":55},{"sectionNumber":"sec.50","sectionType":"section","heading":"Offence about approval of information on builders plate","content":"### sec.50 Offence about approval of information on builders plate\n\nA person must not approve information on a builders plate fixed to, or to be fixed to, a ship unless—\nthe person is a builders plate approver; and\nthe information is correct and complies with the ABP Standard; and\nthe person is—\nan individual residing in Australia; or\na corporation registered in Australia.\nMaximum penalty—20 penalty units.\n- (a) the person is a builders plate approver; and\n- (b) the information is correct and complies with the ABP Standard; and\n- (c) the person is— (i) an individual residing in Australia; or (ii) a corporation registered in Australia.\n- (i) an individual residing in Australia; or\n- (ii) a corporation registered in Australia.\n- (i) an individual residing in Australia; or\n- (ii) a corporation registered in Australia.","sortOrder":56},{"sectionNumber":"sec.51","sectionType":"section","heading":"Offence about fixing builders plates to ships","content":"### sec.51 Offence about fixing builders plates to ships\n\nA person must not fix a builders plate to a ship if—\nthe person has reason to believe information on the builders plate is incorrect or does not comply with the ABP Standard; or\nthe information on the plate has not been approved by a builders plate approver.\nMaximum penalty—20 penalty units.\n- (a) the person has reason to believe information on the builders plate is incorrect or does not comply with the ABP Standard; or\n- (b) the information on the plate has not been approved by a builders plate approver.","sortOrder":57},{"sectionNumber":"sec.52","sectionType":"section","heading":"Builders plate not to be changed","content":"### sec.52 Builders plate not to be changed\n\nA person must not change a builders plate fixed to a ship unless—\nthe person is a builders plate approver; or\nthe change is approved by a builders plate approver.\nMaximum penalty—20 penalty units.\nA person must not change a builders plate fixed to a ship if the person has reason to believe the information on the builders plate, after the change, will be incorrect or will not comply with the ABP Standard.\nMaximum penalty—20 penalty units.\nIn this section—\nchange , in relation to a builders plate, means alter, conceal, deface, remove or obliterate the builders plate or information on the builders plate.\n(sec.52-ssec.1) A person must not change a builders plate fixed to a ship unless— the person is a builders plate approver; or the change is approved by a builders plate approver. Maximum penalty—20 penalty units.\n(sec.52-ssec.2) A person must not change a builders plate fixed to a ship if the person has reason to believe the information on the builders plate, after the change, will be incorrect or will not comply with the ABP Standard. Maximum penalty—20 penalty units.\n(sec.52-ssec.3) In this section— change , in relation to a builders plate, means alter, conceal, deface, remove or obliterate the builders plate or information on the builders plate.\n- (a) the person is a builders plate approver; or\n- (b) the change is approved by a builders plate approver.","sortOrder":58},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Restricted use authorities for Queensland regulated ships","content":"# Restricted use authorities for Queensland regulated ships","sortOrder":59},{"sectionNumber":"sec.53","sectionType":"section","heading":"Granting a restricted use authority","content":"### sec.53 Granting a restricted use authority\n\nThe general manager may grant a restricted use authority for a Queensland regulated ship if the general manager is reasonably satisfied the ship is safe to operate for 1 or more of the following uses in its intended area of operation—\na genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment;\na demonstration or display purpose associated with the sale of the ship;\nbuilding, disposing of, fitting out, relocating, removing or repairing the ship;\nfor a prescribed other Queensland regulated ship—use of the ship while a survey report under section 29 is being obtained for the ship;\nuse of the ship for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry.\nThe procedure for obtaining a restricted use authority is in chapter 6 , part 2 .\nThe conditions of a restricted use authority for a ship must include the uses for which the ship may be operated under the authority.\nUnder section 107 , the document evidencing the restricted use authority must state all conditions imposed on the authority under this regulation.\n(sec.53-ssec.1) The general manager may grant a restricted use authority for a Queensland regulated ship if the general manager is reasonably satisfied the ship is safe to operate for 1 or more of the following uses in its intended area of operation— a genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment; a demonstration or display purpose associated with the sale of the ship; building, disposing of, fitting out, relocating, removing or repairing the ship; for a prescribed other Queensland regulated ship—use of the ship while a survey report under section 29 is being obtained for the ship; use of the ship for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry. The procedure for obtaining a restricted use authority is in chapter 6 , part 2 .\n(sec.53-ssec.2) The conditions of a restricted use authority for a ship must include the uses for which the ship may be operated under the authority. Under section 107 , the document evidencing the restricted use authority must state all conditions imposed on the authority under this regulation.\n- (a) a genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment;\n- (b) a demonstration or display purpose associated with the sale of the ship;\n- (c) building, disposing of, fitting out, relocating, removing or repairing the ship;\n- (d) for a prescribed other Queensland regulated ship—use of the ship while a survey report under section 29 is being obtained for the ship;\n- (e) use of the ship for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry. Note— The procedure for obtaining a restricted use authority is in chapter 6 , part 2 .","sortOrder":60},{"sectionNumber":"sec.54","sectionType":"section","heading":"Offences relating to restricted use authority","content":"### sec.54 Offences relating to restricted use authority\n\nA person must not operate a Queensland regulated ship the subject of a restricted use authority for a use other than the use stated in the conditions of the authority.\nMaximum penalty—50 penalty units.\nEach of the following persons must comply with the conditions of a restricted use authority for a Queensland regulated ship—\nthe holder of the authority;\na person operating the ship as its master;\na person acting as a crew member of the ship.\nMaximum penalty—50 penalty units.\nThe holder of a restricted use authority for a Queensland regulated ship must not operate, or allow someone else to operate, the ship unless—\nthe document evidencing the authority or a copy of it—\nis carried on the ship while it is operating; and\nif it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and\nthe holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship—\nhow the ship may be operated under the authority; and\nthe conditions to which the authority is subject.\nMaximum penalty—20 penalty units.\nA person must not purport to operate a ship in accordance with a restricted use authority unless it is the Queensland regulated ship for which the authority was granted.\nMaximum penalty—50 penalty units.\nThe holder of a restricted use authority for a Queensland regulated ship must not allow someone else to purport to operate any other ship in accordance with the authority.\nMaximum penalty—50 penalty units.\n(sec.54-ssec.1) A person must not operate a Queensland regulated ship the subject of a restricted use authority for a use other than the use stated in the conditions of the authority. Maximum penalty—50 penalty units.\n(sec.54-ssec.2) Each of the following persons must comply with the conditions of a restricted use authority for a Queensland regulated ship— the holder of the authority; a person operating the ship as its master; a person acting as a crew member of the ship. Maximum penalty—50 penalty units.\n(sec.54-ssec.3) The holder of a restricted use authority for a Queensland regulated ship must not operate, or allow someone else to operate, the ship unless— the document evidencing the authority or a copy of it— is carried on the ship while it is operating; and if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and the holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship— how the ship may be operated under the authority; and the conditions to which the authority is subject. Maximum penalty—20 penalty units.\n(sec.54-ssec.4) A person must not purport to operate a ship in accordance with a restricted use authority unless it is the Queensland regulated ship for which the authority was granted. Maximum penalty—50 penalty units.\n(sec.54-ssec.5) The holder of a restricted use authority for a Queensland regulated ship must not allow someone else to purport to operate any other ship in accordance with the authority. Maximum penalty—50 penalty units.\n- (a) the holder of the authority;\n- (b) a person operating the ship as its master;\n- (c) a person acting as a crew member of the ship.\n- (a) the document evidencing the authority or a copy of it— (i) is carried on the ship while it is operating; and (ii) if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and\n- (i) is carried on the ship while it is operating; and\n- (ii) if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and\n- (b) the holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship— (i) how the ship may be operated under the authority; and (ii) the conditions to which the authority is subject.\n- (i) how the ship may be operated under the authority; and\n- (ii) the conditions to which the authority is subject.\n- (i) is carried on the ship while it is operating; and\n- (ii) if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and\n- (i) how the ship may be operated under the authority; and\n- (ii) the conditions to which the authority is subject.","sortOrder":61},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Licensing of masters and crew members","content":"# Licensing of masters and crew members","sortOrder":62},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Application of licensing requirement","content":"## Application of licensing requirement","sortOrder":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Ships to which pt 5 , div 2 of the Act applies— Act , s 59A","content":"### sec.55 Ships to which pt 5 , div 2 of the Act applies— Act , s 59A\n\nPart 5 , division 2 of the Act applies to a Queensland regulated ship mentioned in section 11 (1) of the Act , unless the ship is—\na ship connected with Queensland under section 6 (c) of the Act but not operating in Queensland waters; or\na personal watercraft that—\nis registered as a Queensland regulated ship; and\nis provided and operated by a person being assessed in relation to an application for a personal watercraft licence; or\na tender to an other Queensland regulated ship, other than a tender that is a personal watercraft, operating within a radius of 1,000m from the other Queensland regulated ship if—\nthe tender is operated by a person under the direct supervision and in the sight of the master of the other Queensland regulated ship; and\nthe master of the other Queensland regulated ship has a way of immediately helping the person if the need arises; or\na ship that—\nis not powered; or\nis powered by an engine of 4.5kW or less; or\nan other Queensland regulated ship owned or operated by an accredited surf life saving club that is being operated in the course of the club’s activities by a person who holds a certificate issued by the club authorising the person to operate the ship.\n- (a) a ship connected with Queensland under section 6 (c) of the Act but not operating in Queensland waters; or\n- (b) a personal watercraft that— (i) is registered as a Queensland regulated ship; and (ii) is provided and operated by a person being assessed in relation to an application for a personal watercraft licence; or\n- (i) is registered as a Queensland regulated ship; and\n- (ii) is provided and operated by a person being assessed in relation to an application for a personal watercraft licence; or\n- (c) a tender to an other Queensland regulated ship, other than a tender that is a personal watercraft, operating within a radius of 1,000m from the other Queensland regulated ship if— (i) the tender is operated by a person under the direct supervision and in the sight of the master of the other Queensland regulated ship; and (ii) the master of the other Queensland regulated ship has a way of immediately helping the person if the need arises; or\n- (i) the tender is operated by a person under the direct supervision and in the sight of the master of the other Queensland regulated ship; and\n- (ii) the master of the other Queensland regulated ship has a way of immediately helping the person if the need arises; or\n- (d) a ship that— (i) is not powered; or (ii) is powered by an engine of 4.5kW or less; or\n- (i) is not powered; or\n- (ii) is powered by an engine of 4.5kW or less; or\n- (e) an other Queensland regulated ship owned or operated by an accredited surf life saving club that is being operated in the course of the club’s activities by a person who holds a certificate issued by the club authorising the person to operate the ship.\n- (i) is registered as a Queensland regulated ship; and\n- (ii) is provided and operated by a person being assessed in relation to an application for a personal watercraft licence; or\n- (i) the tender is operated by a person under the direct supervision and in the sight of the master of the other Queensland regulated ship; and\n- (ii) the master of the other Queensland regulated ship has a way of immediately helping the person if the need arises; or\n- (i) is not powered; or\n- (ii) is powered by an engine of 4.5kW or less; or","sortOrder":64},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Licensing requirement","content":"## Licensing requirement","sortOrder":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Purpose of division","content":"### sec.56 Purpose of division\n\nThis division states, for section 60 (1) of the Act , the licence a person is required to hold to operate a Queensland regulated ship as its master or act as a crew member.\nSee section 60 for circumstances in which an unlicensed person may operate a Queensland regulated ship.\nSee section 75 for circumstances in which the holder of a permit mentioned in that section is taken to hold a licence required under this division.\n- 1 See section 60 for circumstances in which an unlicensed person may operate a Queensland regulated ship.\n- 2 See section 75 for circumstances in which the holder of a permit mentioned in that section is taken to hold a licence required under this division.","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Required licence if s 58 does not apply","content":"### sec.57 Required licence if s 58 does not apply\n\nThis section applies to a Queensland regulated ship other than a ship to which section 58 applies.\nTo operate a Queensland regulated ship, other than a personal watercraft, as its master, a person must hold one of the following licences—\na recreational marine driver licence;\na licence issued under the law of another State, or a foreign licence, equivalent to a recreational marine driver licence;\na certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master;\na licence issued under the law of another country that is recognised under the national law and authorises a person to operate a ship as its master.\nTo operate a Queensland regulated ship that is a personal watercraft as its master, a person must hold—\na licence or certificate mentioned in subsection (2) ; and\neither of the following—\na personal watercraft licence;\na licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence.\nA foreign licence to operate a recreational ship or personal watercraft as its master ceases to be recognised by the chief executive or the general manager for this section—\nif the holder is granted another licence required to be held under this section—when the other licence is granted; or\nif the holder is an Australian citizen—3 months after the holder enters Australia; or\nif the holder is not an Australian citizen but is granted a resident visa before entering Australia—3 months after the holder enters Australia; or\nif the holder is not an Australian citizen but is granted a resident visa after entering Australia—3 months after the visa is granted.\nIn this section—\nAustralia means the mainland of Australia or the coastal waters of a State.\nforeign licence , for a recreational marine driver licence or a personal watercraft licence, means a licence to operate a recreational ship or personal watercraft as its master—\nissued or recognised under the law of another country; and\nrecognised for this section by the chief executive or the general manager.\nresident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth) .\n(sec.57-ssec.1) This section applies to a Queensland regulated ship other than a ship to which section 58 applies.\n(sec.57-ssec.2) To operate a Queensland regulated ship, other than a personal watercraft, as its master, a person must hold one of the following licences— a recreational marine driver licence; a licence issued under the law of another State, or a foreign licence, equivalent to a recreational marine driver licence; a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; a licence issued under the law of another country that is recognised under the national law and authorises a person to operate a ship as its master.\n(sec.57-ssec.3) To operate a Queensland regulated ship that is a personal watercraft as its master, a person must hold— a licence or certificate mentioned in subsection (2) ; and either of the following— a personal watercraft licence; a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence.\n(sec.57-ssec.4) A foreign licence to operate a recreational ship or personal watercraft as its master ceases to be recognised by the chief executive or the general manager for this section— if the holder is granted another licence required to be held under this section—when the other licence is granted; or if the holder is an Australian citizen—3 months after the holder enters Australia; or if the holder is not an Australian citizen but is granted a resident visa before entering Australia—3 months after the holder enters Australia; or if the holder is not an Australian citizen but is granted a resident visa after entering Australia—3 months after the visa is granted.\n(sec.57-ssec.5) In this section— Australia means the mainland of Australia or the coastal waters of a State. foreign licence , for a recreational marine driver licence or a personal watercraft licence, means a licence to operate a recreational ship or personal watercraft as its master— issued or recognised under the law of another country; and recognised for this section by the chief executive or the general manager. resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth) .\n- (a) a recreational marine driver licence;\n- (b) a licence issued under the law of another State, or a foreign licence, equivalent to a recreational marine driver licence;\n- (c) a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master;\n- (d) a licence issued under the law of another country that is recognised under the national law and authorises a person to operate a ship as its master.\n- (a) a licence or certificate mentioned in subsection (2) ; and\n- (b) either of the following— (i) a personal watercraft licence; (ii) a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence.\n- (i) a personal watercraft licence;\n- (ii) a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence.\n- (i) a personal watercraft licence;\n- (ii) a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence.\n- (a) if the holder is granted another licence required to be held under this section—when the other licence is granted; or\n- (b) if the holder is an Australian citizen—3 months after the holder enters Australia; or\n- (c) if the holder is not an Australian citizen but is granted a resident visa before entering Australia—3 months after the holder enters Australia; or\n- (d) if the holder is not an Australian citizen but is granted a resident visa after entering Australia—3 months after the visa is granted.\n- (a) issued or recognised under the law of another country; and\n- (b) recognised for this section by the chief executive or the general manager.","sortOrder":67},{"sectionNumber":"sec.58","sectionType":"section","heading":"Required licence for particular ships","content":"### sec.58 Required licence for particular ships\n\nThis section applies to a prescribed other Queensland regulated ship if the ship’s registration is subject to a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence.\nTo operate the prescribed other Queensland regulated ship as its master or act as a crew member, a person must hold the stated licence.\n(sec.58-ssec.1) This section applies to a prescribed other Queensland regulated ship if the ship’s registration is subject to a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence.\n(sec.58-ssec.2) To operate the prescribed other Queensland regulated ship as its master or act as a crew member, a person must hold the stated licence.","sortOrder":68},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Licensing responsibilities of owners and masters","content":"## Licensing responsibilities of owners and masters","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Ensuring master and crew members hold required licence","content":"### sec.59 Ensuring master and crew members hold required licence\n\nThe owner of a Queensland regulated ship must ensure a person operating the ship as its master holds the required licence.\nMaximum penalty—50 penalty units.\nThe owner of a recreational ship does not contravene subsection (1) if—\nthe owner believes, on reasonable grounds, the person operating the ship as its master holds the required licence; or\nthe ship is being operated without the knowledge or consent of the owner.\nThe owner or master of an other Queensland regulated ship must ensure a person acting as a crew member of the ship holds the required licence.\nMaximum penalty—50 penalty units.\n(sec.59-ssec.1) The owner of a Queensland regulated ship must ensure a person operating the ship as its master holds the required licence. Maximum penalty—50 penalty units.\n(sec.59-ssec.2) The owner of a recreational ship does not contravene subsection (1) if— the owner believes, on reasonable grounds, the person operating the ship as its master holds the required licence; or the ship is being operated without the knowledge or consent of the owner.\n(sec.59-ssec.3) The owner or master of an other Queensland regulated ship must ensure a person acting as a crew member of the ship holds the required licence. Maximum penalty—50 penalty units.\n- (a) the owner believes, on reasonable grounds, the person operating the ship as its master holds the required licence; or\n- (b) the ship is being operated without the knowledge or consent of the owner.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Operation of Queensland regulated ship by unlicensed person","content":"### sec.60 Operation of Queensland regulated ship by unlicensed person\n\nThe master of a Queensland regulated ship must not allow an unlicensed person to operate the ship unless—\nthe unlicensed person is under the direct supervision of the master; and\nthe master is immediately able to resume operating the ship; and\nif the ship is a personal watercraft—\nthe master and the unlicensed person are the only persons on board; and\na kill switch safety lanyard is attached to the master and the personal watercraft.\nMaximum penalty—50 penalty units.\nThe master of a Queensland regulated ship must not allow an unlicensed person to operate the ship while the ship is towing someone else by a line attached to the ship, including for example, someone waterskiing.\nMaximum penalty—100 penalty units.\nIn this section—\nkill switch safety lanyard means a device that—\nis designed to be attached to a person and a personal watercraft; and\nif the person is no longer on board, will immediately stop the engine of the personal watercraft.\n(sec.60-ssec.1) The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship unless— the unlicensed person is under the direct supervision of the master; and the master is immediately able to resume operating the ship; and if the ship is a personal watercraft— the master and the unlicensed person are the only persons on board; and a kill switch safety lanyard is attached to the master and the personal watercraft. Maximum penalty—50 penalty units.\n(sec.60-ssec.2) The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship while the ship is towing someone else by a line attached to the ship, including for example, someone waterskiing. Maximum penalty—100 penalty units.\n(sec.60-ssec.3) In this section— kill switch safety lanyard means a device that— is designed to be attached to a person and a personal watercraft; and if the person is no longer on board, will immediately stop the engine of the personal watercraft.\n- (a) the unlicensed person is under the direct supervision of the master; and\n- (b) the master is immediately able to resume operating the ship; and\n- (c) if the ship is a personal watercraft— (i) the master and the unlicensed person are the only persons on board; and (ii) a kill switch safety lanyard is attached to the master and the personal watercraft.\n- (i) the master and the unlicensed person are the only persons on board; and\n- (ii) a kill switch safety lanyard is attached to the master and the personal watercraft.\n- (i) the master and the unlicensed person are the only persons on board; and\n- (ii) a kill switch safety lanyard is attached to the master and the personal watercraft.\n- (a) is designed to be attached to a person and a personal watercraft; and\n- (b) if the person is no longer on board, will immediately stop the engine of the personal watercraft.","sortOrder":71},{"sectionNumber":"ch.4-pt.1-div.4","sectionType":"division","heading":"Grant of licences","content":"## Grant of licences","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"Chief executive or general manager may grant licence","content":"### sec.61 Chief executive or general manager may grant licence\n\nThe chief executive or the general manager may grant a recreational marine driver licence or personal watercraft licence to a person.\nThe procedure for obtaining a recreational marine driver licence or personal watercraft licence is in chapter 6 , part 3 .","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Qualifying for recreational marine driver licence","content":"### sec.62 Qualifying for recreational marine driver licence\n\nThe chief executive or the general manager may grant a recreational marine driver licence to an applicant only if the applicant—\nis 16 years or more; and\nhas knowledge, to the reasonable satisfaction of the chief executive or the general manager, of—\nthe Act and this regulation as they affect recreational ships; and\nthe collision regulations; and\nhas demonstrated competency in safe operating practices for recreational ships to the reasonable satisfaction of the chief executive or the general manager.\nSubsection (3) applies if the applicant does not have the knowledge or competency required for a recreational marine driver licence under subsection (1) .\nThe chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the knowledge or competency required under subsection (1) .\n(sec.62-ssec.1) The chief executive or the general manager may grant a recreational marine driver licence to an applicant only if the applicant— is 16 years or more; and has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— the Act and this regulation as they affect recreational ships; and the collision regulations; and has demonstrated competency in safe operating practices for recreational ships to the reasonable satisfaction of the chief executive or the general manager.\n(sec.62-ssec.2) Subsection (3) applies if the applicant does not have the knowledge or competency required for a recreational marine driver licence under subsection (1) .\n(sec.62-ssec.3) The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the knowledge or competency required under subsection (1) .\n- (a) is 16 years or more; and\n- (b) has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— (i) the Act and this regulation as they affect recreational ships; and (ii) the collision regulations; and\n- (i) the Act and this regulation as they affect recreational ships; and\n- (ii) the collision regulations; and\n- (c) has demonstrated competency in safe operating practices for recreational ships to the reasonable satisfaction of the chief executive or the general manager.\n- (i) the Act and this regulation as they affect recreational ships; and\n- (ii) the collision regulations; and","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Qualifying for personal watercraft licence","content":"### sec.63 Qualifying for personal watercraft licence\n\nThe chief executive or the general manager may grant a personal watercraft licence to an applicant only if the applicant—\nholds—\na recreational marine driver licence; or\na licence issued under the law of another State equivalent to a recreational marine driver licence; or\na certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and\nis 16 years or more; and\nhas knowledge, to the reasonable satisfaction of the chief executive or the general manager, of—\nthe Act and this regulation as they affect personal watercraft; and\nthe collision regulations; and\nhas demonstrated competency in safe operating practices for personal watercraft to the reasonable satisfaction of the chief executive or the general manager.\nSubsection (3) applies if the applicant does not have the licence, certificate of competency, knowledge or competency required for a personal watercraft licence under subsection (1) .\nThe chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the licence, certificate of competency, knowledge or competency required under subsection (1) .\n(sec.63-ssec.1) The chief executive or the general manager may grant a personal watercraft licence to an applicant only if the applicant— holds— a recreational marine driver licence; or a licence issued under the law of another State equivalent to a recreational marine driver licence; or a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and is 16 years or more; and has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— the Act and this regulation as they affect personal watercraft; and the collision regulations; and has demonstrated competency in safe operating practices for personal watercraft to the reasonable satisfaction of the chief executive or the general manager.\n(sec.63-ssec.2) Subsection (3) applies if the applicant does not have the licence, certificate of competency, knowledge or competency required for a personal watercraft licence under subsection (1) .\n(sec.63-ssec.3) The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the licence, certificate of competency, knowledge or competency required under subsection (1) .\n- (a) holds— (i) a recreational marine driver licence; or (ii) a licence issued under the law of another State equivalent to a recreational marine driver licence; or (iii) a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and\n- (i) a recreational marine driver licence; or\n- (ii) a licence issued under the law of another State equivalent to a recreational marine driver licence; or\n- (iii) a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and\n- (b) is 16 years or more; and\n- (c) has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— (i) the Act and this regulation as they affect personal watercraft; and (ii) the collision regulations; and\n- (i) the Act and this regulation as they affect personal watercraft; and\n- (ii) the collision regulations; and\n- (d) has demonstrated competency in safe operating practices for personal watercraft to the reasonable satisfaction of the chief executive or the general manager.\n- (i) a recreational marine driver licence; or\n- (ii) a licence issued under the law of another State equivalent to a recreational marine driver licence; or\n- (iii) a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and\n- (i) the Act and this regulation as they affect personal watercraft; and\n- (ii) the collision regulations; and","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Examination of applicant for licence","content":"### sec.64 Examination of applicant for licence\n\nThe chief executive or the general manager may conduct examinations, in the way the chief executive or the general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a recreational marine driver licence or personal watercraft licence has the qualifications for the licence under this division.","sortOrder":76},{"sectionNumber":"ch.4-pt.1-div.5","sectionType":"division","heading":"Examining approvals and training program approvals","content":"## Examining approvals and training program approvals","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"Grant of examining approval","content":"### sec.65 Grant of examining approval\n\nThe chief executive or the general manager may grant an approval to an entity to conduct examinations mentioned in section 64 only if the entity qualifies for an examining approval under section 66 .\nThe procedure for obtaining an examining approval is in chapter 6 , part 2 .\nAn entity granted an examining approval may conduct examinations mentioned in section 64 as if it were the chief executive or the general manager.\nIn exercising a power under subsection (2) , the entity is subject to any conditions of the approval and directions of the chief executive or the general manager about the conduct of the examinations.\n(sec.65-ssec.1) The chief executive or the general manager may grant an approval to an entity to conduct examinations mentioned in section 64 only if the entity qualifies for an examining approval under section 66 . The procedure for obtaining an examining approval is in chapter 6 , part 2 .\n(sec.65-ssec.2) An entity granted an examining approval may conduct examinations mentioned in section 64 as if it were the chief executive or the general manager.\n(sec.65-ssec.3) In exercising a power under subsection (2) , the entity is subject to any conditions of the approval and directions of the chief executive or the general manager about the conduct of the examinations.","sortOrder":78},{"sectionNumber":"sec.66","sectionType":"section","heading":"Qualifying for examining approval","content":"### sec.66 Qualifying for examining approval\n\nAn entity qualifies for an examining approval if the chief executive or the general manager is reasonably satisfied the entity—\nhas knowledge and skills at least equivalent to the competencies for which the entity will assess candidates; and\nfor an approval in relation to recreational marine driver licences—holds—\na certificate of competency issued under the national law to operate a commercial ship as its master; or\nanother licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\nfor an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and\nhas completed either of the following—\nthe assessment-related units of competency from a Certificate IV level qualification in training and assessment under the AQF;\nother studies the chief executive or the general manager considers are at least equivalent to the units of competency under subparagraph (i) ; and\nhas knowledge and skills for conducting examinations mentioned in section 64 ; and\nis suitable for an examining approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.\nIf the entity is a corporation, an unincorporated body or an individual who nominates another individual for subsection (1) , the chief executive or the general manager must apply—\nsubsection (1) to the individual nominated by the entity, as if the individual were the entity; and\nsubsection (1) (f) to the entity.\n(sec.66-ssec.1) An entity qualifies for an examining approval if the chief executive or the general manager is reasonably satisfied the entity— has knowledge and skills at least equivalent to the competencies for which the entity will assess candidates; and for an approval in relation to recreational marine driver licences—holds— a certificate of competency issued under the national law to operate a commercial ship as its master; or another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and for an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and has completed either of the following— the assessment-related units of competency from a Certificate IV level qualification in training and assessment under the AQF; other studies the chief executive or the general manager considers are at least equivalent to the units of competency under subparagraph (i) ; and has knowledge and skills for conducting examinations mentioned in section 64 ; and is suitable for an examining approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.\n(sec.66-ssec.2) If the entity is a corporation, an unincorporated body or an individual who nominates another individual for subsection (1) , the chief executive or the general manager must apply— subsection (1) to the individual nominated by the entity, as if the individual were the entity; and subsection (1) (f) to the entity.\n- (a) has knowledge and skills at least equivalent to the competencies for which the entity will assess candidates; and\n- (b) for an approval in relation to recreational marine driver licences—holds— (i) a certificate of competency issued under the national law to operate a commercial ship as its master; or (ii) another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\n- (i) a certificate of competency issued under the national law to operate a commercial ship as its master; or\n- (ii) another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\n- (c) for an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and\n- (d) has completed either of the following— (i) the assessment-related units of competency from a Certificate IV level qualification in training and assessment under the AQF; (ii) other studies the chief executive or the general manager considers are at least equivalent to the units of competency under subparagraph (i) ; and\n- (i) the assessment-related units of competency from a Certificate IV level qualification in training and assessment under the AQF;\n- (ii) other studies the chief executive or the general manager considers are at least equivalent to the units of competency under subparagraph (i) ; and\n- (e) has knowledge and skills for conducting examinations mentioned in section 64 ; and\n- (f) is suitable for an examining approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.\n- (i) a certificate of competency issued under the national law to operate a commercial ship as its master; or\n- (ii) another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\n- (i) the assessment-related units of competency from a Certificate IV level qualification in training and assessment under the AQF;\n- (ii) other studies the chief executive or the general manager considers are at least equivalent to the units of competency under subparagraph (i) ; and\n- (a) subsection (1) to the individual nominated by the entity, as if the individual were the entity; and\n- (b) subsection (1) (f) to the entity.","sortOrder":79},{"sectionNumber":"sec.67","sectionType":"section","heading":"Grant of training program approval","content":"### sec.67 Grant of training program approval\n\nThe chief executive or the general manager may grant an approval to an entity to provide training programs for the operation of recreational ships and personal watercraft only if the entity qualifies for a training program approval under section 68 .\nThe procedure for obtaining a training program approval is in chapter 6 , part 2 .","sortOrder":80},{"sectionNumber":"sec.68","sectionType":"section","heading":"Qualifying for training program approval","content":"### sec.68 Qualifying for training program approval\n\nAn entity qualifies for a training program approval if the chief executive or the general manager is reasonably satisfied the entity—\nhas all of the following available for providing training programs—\nappropriate training facilities and equipment;\ntraining facilities with adequate seating and workspaces, access to drinking water and access to toilets\nappropriate training and assessment documents;\ndocuments recording attendance and assessment results\nan appropriate ship; and\nhas knowledge and skills at least equivalent to the competencies for which the entity will train and assess candidates; and\nfor an approval in relation to recreational marine driver licences—holds—\na certificate of competency issued under the national law to operate a commercial ship as its master; or\nanother licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\nfor an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and\nhas completed either of the following—\na Certificate IV level qualification in training and assessment under the AQF;\na qualification mentioned in the Education (Queensland College of Teachers) Regulation 2016 , section 5 ; and\nis suitable for a training program approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.\nIf the entity is a corporation, an unincorporated body or an individual who nominates another individual for subsection (1) , the chief executive or the general manager must apply—\nsubsection (1) (b) to (f) to the individual nominated by the entity, as if the individual were the entity; and\nsubsection (1) (a) and (f) to the entity.\nIn this section—\nappropriate ship means—\nif the entity is a school that is to provide training only to school students, whether or not the student attends the school—a ship that—\nis a registered other Queensland regulated ship; or\nhas a certificate of operation issued under the national law; or\notherwise—a ship that has a certificate of operation issued under the national law.\ns 68 amd 2016 SL No. 199 s 40 ; 2018 SL No. 144 s 3\n(sec.68-ssec.1) An entity qualifies for a training program approval if the chief executive or the general manager is reasonably satisfied the entity— has all of the following available for providing training programs— appropriate training facilities and equipment; training facilities with adequate seating and workspaces, access to drinking water and access to toilets appropriate training and assessment documents; documents recording attendance and assessment results an appropriate ship; and has knowledge and skills at least equivalent to the competencies for which the entity will train and assess candidates; and for an approval in relation to recreational marine driver licences—holds— a certificate of competency issued under the national law to operate a commercial ship as its master; or another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and for an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and has completed either of the following— a Certificate IV level qualification in training and assessment under the AQF; a qualification mentioned in the Education (Queensland College of Teachers) Regulation 2016 , section 5 ; and is suitable for a training program approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.\n(sec.68-ssec.2) If the entity is a corporation, an unincorporated body or an individual who nominates another individual for subsection (1) , the chief executive or the general manager must apply— subsection (1) (b) to (f) to the individual nominated by the entity, as if the individual were the entity; and subsection (1) (a) and (f) to the entity.\n(sec.68-ssec.3) In this section— appropriate ship means— if the entity is a school that is to provide training only to school students, whether or not the student attends the school—a ship that— is a registered other Queensland regulated ship; or has a certificate of operation issued under the national law; or otherwise—a ship that has a certificate of operation issued under the national law.\n- (a) has all of the following available for providing training programs— (i) appropriate training facilities and equipment; Examples for subparagraph (i) — training facilities with adequate seating and workspaces, access to drinking water and access to toilets (ii) appropriate training and assessment documents; Examples for subparagraph (ii) — documents recording attendance and assessment results (iii) an appropriate ship; and\n- (i) appropriate training facilities and equipment; Examples for subparagraph (i) — training facilities with adequate seating and workspaces, access to drinking water and access to toilets\n- (ii) appropriate training and assessment documents; Examples for subparagraph (ii) — documents recording attendance and assessment results\n- (iii) an appropriate ship; and\n- (b) has knowledge and skills at least equivalent to the competencies for which the entity will train and assess candidates; and\n- (c) for an approval in relation to recreational marine driver licences—holds— (i) a certificate of competency issued under the national law to operate a commercial ship as its master; or (ii) another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\n- (i) a certificate of competency issued under the national law to operate a commercial ship as its master; or\n- (ii) another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\n- (d) for an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and\n- (e) has completed either of the following— (i) a Certificate IV level qualification in training and assessment under the AQF; (ii) a qualification mentioned in the Education (Queensland College of Teachers) Regulation 2016 , section 5 ; and\n- (i) a Certificate IV level qualification in training and assessment under the AQF;\n- (ii) a qualification mentioned in the Education (Queensland College of Teachers) Regulation 2016 , section 5 ; and\n- (f) is suitable for a training program approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.\n- (i) appropriate training facilities and equipment; Examples for subparagraph (i) — training facilities with adequate seating and workspaces, access to drinking water and access to toilets\n- (ii) appropriate training and assessment documents; Examples for subparagraph (ii) — documents recording attendance and assessment results\n- (iii) an appropriate ship; and\n- (i) a certificate of competency issued under the national law to operate a commercial ship as its master; or\n- (ii) another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and\n- (i) a Certificate IV level qualification in training and assessment under the AQF;\n- (ii) a qualification mentioned in the Education (Queensland College of Teachers) Regulation 2016 , section 5 ; and\n- (a) subsection (1) (b) to (f) to the individual nominated by the entity, as if the individual were the entity; and\n- (b) subsection (1) (a) and (f) to the entity.\n- (a) if the entity is a school that is to provide training only to school students, whether or not the student attends the school—a ship that— (i) is a registered other Queensland regulated ship; or (ii) has a certificate of operation issued under the national law; or\n- (i) is a registered other Queensland regulated ship; or\n- (ii) has a certificate of operation issued under the national law; or\n- (b) otherwise—a ship that has a certificate of operation issued under the national law.\n- (i) is a registered other Queensland regulated ship; or\n- (ii) has a certificate of operation issued under the national law; or","sortOrder":81},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Licensing of pilots","content":"# Licensing of pilots","sortOrder":82},{"sectionNumber":"sec.69","sectionType":"section","heading":"Ships to which pt 5 , div 3 of the Act applies— Act , s 61A","content":"### sec.69 Ships to which pt 5 , div 3 of the Act applies— Act , s 61A\n\nPart 5 , division 3 of the Act applies to the ships to which part 8 of the Act applies.\nPart 5 , division 3 of the Act includes requirements about a pilot of a ship holding a licence.\nSection 163 states the ships to which part 8 of the Act applies.\n- 1 Part 5 , division 3 of the Act includes requirements about a pilot of a ship holding a licence.\n- 2 Section 163 states the ships to which part 8 of the Act applies.","sortOrder":83},{"sectionNumber":"sec.70","sectionType":"section","heading":"Required licence to have the conduct of a ship as its pilot","content":"### sec.70 Required licence to have the conduct of a ship as its pilot\n\nA person must hold a pilot licence to have the conduct of a ship as its pilot in a pilotage area.","sortOrder":84},{"sectionNumber":"sec.71","sectionType":"section","heading":"General manager may grant pilot licence","content":"### sec.71 General manager may grant pilot licence\n\nThe general manager may grant a pilot licence to a person for a pilotage area.\nThe procedure for obtaining a pilot licence is in chapter 6 , part 2 .","sortOrder":85},{"sectionNumber":"sec.72","sectionType":"section","heading":"Qualifying for pilot licence","content":"### sec.72 Qualifying for pilot licence\n\nThe general manager may grant an application for a pilot licence for a pilotage area, or part of a pilotage area, to an applicant only if—\nthe applicant has either—\na licence to operate a ship as its master of a class appropriate for the ships ( piloted ships ) the person would have the conduct of as a pilot in the pilotage area; or\nskills and experience that in the opinion of the general manager are equivalent to the skills and experience of a person holding a licence mentioned in subparagraph (i) ; and\nthe general manager is reasonably satisfied the applicant has—\nappropriate ship-handling ability to have the conduct of the piloted ships as its pilot; and\na detailed knowledge of the pilotage area, or the part of the pilotage area, for which the licence is sought.\n- (a) the applicant has either— (i) a licence to operate a ship as its master of a class appropriate for the ships ( piloted ships ) the person would have the conduct of as a pilot in the pilotage area; or (ii) skills and experience that in the opinion of the general manager are equivalent to the skills and experience of a person holding a licence mentioned in subparagraph (i) ; and\n- (i) a licence to operate a ship as its master of a class appropriate for the ships ( piloted ships ) the person would have the conduct of as a pilot in the pilotage area; or\n- (ii) skills and experience that in the opinion of the general manager are equivalent to the skills and experience of a person holding a licence mentioned in subparagraph (i) ; and\n- (b) the general manager is reasonably satisfied the applicant has— (i) appropriate ship-handling ability to have the conduct of the piloted ships as its pilot; and (ii) a detailed knowledge of the pilotage area, or the part of the pilotage area, for which the licence is sought.\n- (i) appropriate ship-handling ability to have the conduct of the piloted ships as its pilot; and\n- (ii) a detailed knowledge of the pilotage area, or the part of the pilotage area, for which the licence is sought.\n- (i) a licence to operate a ship as its master of a class appropriate for the ships ( piloted ships ) the person would have the conduct of as a pilot in the pilotage area; or\n- (ii) skills and experience that in the opinion of the general manager are equivalent to the skills and experience of a person holding a licence mentioned in subparagraph (i) ; and\n- (i) appropriate ship-handling ability to have the conduct of the piloted ships as its pilot; and\n- (ii) a detailed knowledge of the pilotage area, or the part of the pilotage area, for which the licence is sought.","sortOrder":86},{"sectionNumber":"sec.73","sectionType":"section","heading":"Examination of applicant for pilot licence","content":"### sec.73 Examination of applicant for pilot licence\n\nThe general manager may conduct examinations, in the way the general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a pilot licence has the qualifications for the licence under this part.","sortOrder":87},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Temporary permits for prescribed other Queensland regulated ships","content":"# Temporary permits for prescribed other Queensland regulated ships","sortOrder":88},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application of part","content":"### sec.74 Application of part\n\nThis part applies to prescribed other Queensland regulated ships.","sortOrder":89},{"sectionNumber":"sec.75","sectionType":"section","heading":"General manager may grant temporary permit for master or crew member","content":"### sec.75 General manager may grant temporary permit for master or crew member\n\nThe general manager may grant a permit to a person to operate a prescribed other Queensland regulated ship as its master, or to act as a crew member of a prescribed other Queensland regulated ship, on a stated voyage or for a stated period.\nThe procedure for obtaining the permit is in chapter 6 , part 2 .\nThe general manager may grant a permit under subsection (1) only if the general manager is reasonably satisfied—\nthe person is, for the voyage or the period, competent to operate the ship as its master or act as a crew member of the ship; and\nmarine operations will not be endangered on a voyage on which the person operates the ship as its master or acts as a crew member under the permit; and\nthe voyage mentioned in paragraph (b) is necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.\nThe term of the permit must not be longer than 30 days.\nA person to whom a permit is granted under subsection (1) is taken to hold the required licence to operate the prescribed other Queensland regulated ship as its master, or act as a crew member of the ship.\nHowever, if the person does not comply with the conditions of the permit for a period, subsection (4) does not apply to the person for that period.\n(sec.75-ssec.1) The general manager may grant a permit to a person to operate a prescribed other Queensland regulated ship as its master, or to act as a crew member of a prescribed other Queensland regulated ship, on a stated voyage or for a stated period. The procedure for obtaining the permit is in chapter 6 , part 2 .\n(sec.75-ssec.2) The general manager may grant a permit under subsection (1) only if the general manager is reasonably satisfied— the person is, for the voyage or the period, competent to operate the ship as its master or act as a crew member of the ship; and marine operations will not be endangered on a voyage on which the person operates the ship as its master or acts as a crew member under the permit; and the voyage mentioned in paragraph (b) is necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.\n(sec.75-ssec.3) The term of the permit must not be longer than 30 days.\n(sec.75-ssec.4) A person to whom a permit is granted under subsection (1) is taken to hold the required licence to operate the prescribed other Queensland regulated ship as its master, or act as a crew member of the ship.\n(sec.75-ssec.5) However, if the person does not comply with the conditions of the permit for a period, subsection (4) does not apply to the person for that period.\n- (a) the person is, for the voyage or the period, competent to operate the ship as its master or act as a crew member of the ship; and\n- (b) marine operations will not be endangered on a voyage on which the person operates the ship as its master or acts as a crew member under the permit; and\n- (c) the voyage mentioned in paragraph (b) is necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.","sortOrder":90},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Signals","content":"# Signals","sortOrder":91},{"sectionNumber":"sec.76","sectionType":"section","heading":"Signals of distress— Act , s 206","content":"### sec.76 Signals of distress— Act , s 206\n\nThis section prescribes matters about signals of distress for section 206 of the Act .\nEach of the following is a prescribed signal of distress—\na V sheet;\nthe signals stated in the collision regulations, annex IV.\nA person may use or display a prescribed signal of distress only for—\nindicating distress and a need for help; or\nif the general manager has given consent to the use or display of the signal for genuine training or demonstration purposes under section 77 —those purposes.\nA person using or displaying a prescribed signal of distress under subsection (3) (a) must revoke the signal when the distress or need for help ends.\n(sec.76-ssec.1) This section prescribes matters about signals of distress for section 206 of the Act .\n(sec.76-ssec.2) Each of the following is a prescribed signal of distress— a V sheet; the signals stated in the collision regulations, annex IV.\n(sec.76-ssec.3) A person may use or display a prescribed signal of distress only for— indicating distress and a need for help; or if the general manager has given consent to the use or display of the signal for genuine training or demonstration purposes under section 77 —those purposes.\n(sec.76-ssec.4) A person using or displaying a prescribed signal of distress under subsection (3) (a) must revoke the signal when the distress or need for help ends.\n- (a) a V sheet;\n- (b) the signals stated in the collision regulations, annex IV.\n- (a) indicating distress and a need for help; or\n- (b) if the general manager has given consent to the use or display of the signal for genuine training or demonstration purposes under section 77 —those purposes.","sortOrder":92},{"sectionNumber":"sec.77","sectionType":"section","heading":"Consent to use or display prescribed signal for training or demonstration","content":"### sec.77 Consent to use or display prescribed signal for training or demonstration\n\nThe general manager may consent to the use or display of a prescribed signal of distress by a person for genuine training or demonstration purposes.\nThe procedure for obtaining the consent is in chapter 6 , part 2 .","sortOrder":93},{"sectionNumber":"sec.78","sectionType":"section","heading":"Prescribed signal and information— Act , s 129","content":"### sec.78 Prescribed signal and information— Act , s 129\n\nThe signal for section 129 (2) of the Act is the word ‘SECURITE’ spoken 3 times.\nThe information required under section 129 (2) and (3) of the Act is the information relevant to the particular danger to navigation.\nHowever, subsection (2) only applies to a serious danger to navigation mentioned in the Navigation Act 2012 (Cwlth) , section 187 (6) .\n(sec.78-ssec.1) The signal for section 129 (2) of the Act is the word ‘SECURITE’ spoken 3 times.\n(sec.78-ssec.2) The information required under section 129 (2) and (3) of the Act is the information relevant to the particular danger to navigation.\n(sec.78-ssec.3) However, subsection (2) only applies to a serious danger to navigation mentioned in the Navigation Act 2012 (Cwlth) , section 187 (6) .","sortOrder":94},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Prevention of collisions","content":"# Prevention of collisions","sortOrder":95},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of collision regulations","content":"### sec.79 Application of collision regulations\n\nThe collision regulations have effect as if they were part of this regulation.\nA person involved with the operation of a ship (including the ship’s owner, master, pilot or deck watchkeeper) must comply with the collision regulations.\nSubsection (2) is a regulation to which section 211 (2) of the Act applies.\nSection 211 (2) of the Act provides for a penalty of 500 penalty units or imprisonment for 1 year for a contravention of a regulation declared to be a regulation to which the subsection applies.\nIn this section, ship includes an aircraft when it is on water or is taking off, or landing on, water.\nIn this section—\ndeck watchkeeper means the person in charge of the navigational watch of a ship.\n(sec.79-ssec.1) The collision regulations have effect as if they were part of this regulation.\n(sec.79-ssec.2) A person involved with the operation of a ship (including the ship’s owner, master, pilot or deck watchkeeper) must comply with the collision regulations.\n(sec.79-ssec.3) Subsection (2) is a regulation to which section 211 (2) of the Act applies. Section 211 (2) of the Act provides for a penalty of 500 penalty units or imprisonment for 1 year for a contravention of a regulation declared to be a regulation to which the subsection applies.\n(sec.79-ssec.4) In this section, ship includes an aircraft when it is on water or is taking off, or landing on, water.\n(sec.79-ssec.5) In this section— deck watchkeeper means the person in charge of the navigational watch of a ship.","sortOrder":96},{"sectionNumber":"sec.80","sectionType":"section","heading":"Particular ships must use light while underway","content":"### sec.80 Particular ships must use light while underway\n\nThis section applies to a ship that is more than 20m, is capable of a speed of more than 20kn and only operates in smooth waters, other than—\na fishing ship; or\na recreational ship.\nThe owner and master must ensure that—\nthe ship is equipped with a flashing yellow all-round light; and\nthe light is used while the ship is underway.\nMaximum penalty—200 penalty units.\n(sec.80-ssec.1) This section applies to a ship that is more than 20m, is capable of a speed of more than 20kn and only operates in smooth waters, other than— a fishing ship; or a recreational ship.\n(sec.80-ssec.2) The owner and master must ensure that— the ship is equipped with a flashing yellow all-round light; and the light is used while the ship is underway. Maximum penalty—200 penalty units.\n- (a) a fishing ship; or\n- (b) a recreational ship.\n- (a) the ship is equipped with a flashing yellow all-round light; and\n- (b) the light is used while the ship is underway.","sortOrder":97},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Speed limits and other restrictions","content":"# Speed limits and other restrictions","sortOrder":98},{"sectionNumber":"sec.81","sectionType":"section","heading":"Speed limit for ship, other than personal watercraft, operating in particular places","content":"### sec.81 Speed limit for ship, other than personal watercraft, operating in particular places\n\nThis section applies to a ship other than a personal watercraft.\nA person must not operate a ship at a speed of more than 6kn if the ship is within 30m of any of the following—\na person in the water;\na ship at anchor, moored, made fast to the shore or aground;\na jetty, wharf, boat ramp or pontoon in or on waters.\nMaximum penalty—200 penalty units.\nSubsection (2) does not apply to a ship if the ship is in waters for which a speed limit of 6kn or less has been fixed under section 206A or 206AA of the Act .\n(sec.81-ssec.1) This section applies to a ship other than a personal watercraft.\n(sec.81-ssec.2) A person must not operate a ship at a speed of more than 6kn if the ship is within 30m of any of the following— a person in the water; a ship at anchor, moored, made fast to the shore or aground; a jetty, wharf, boat ramp or pontoon in or on waters. Maximum penalty—200 penalty units.\n(sec.81-ssec.3) Subsection (2) does not apply to a ship if the ship is in waters for which a speed limit of 6kn or less has been fixed under section 206A or 206AA of the Act .\n- (a) a person in the water;\n- (b) a ship at anchor, moored, made fast to the shore or aground;\n- (c) a jetty, wharf, boat ramp or pontoon in or on waters.","sortOrder":99},{"sectionNumber":"sec.82","sectionType":"section","heading":"Speed limit for personal watercraft operating in particular places","content":"### sec.82 Speed limit for personal watercraft operating in particular places\n\nA person must not—\noperate a personal watercraft at a speed of more than 6kn if the personal watercraft is within 60m of any of the following—\na person in the water;\na ship at anchor, moored, made fast to the shore or aground;\na jetty, wharf, boat ramp or pontoon in or on the waters;\nthe boundary of a bathing reserve;\nthe shore; or\noperate a personal watercraft at a speed of more than 10kn if the personal watercraft is within 30m of another moving ship.\nMaximum penalty—200 penalty units.\nDespite subsection (1) (a) (v) , a person may operate a personal watercraft in waters within 60m of the shore at a speed of more than 6kn but no more than the speed limit if—\nthe personal watercraft is being operated for waterskiing; or\nall of the following apply—\nthe waters are less than 120m wide;\nthe person is operating the personal watercraft along or near the centre of the waters, or within a marked channel;\nthe person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or\ncomplying with subsection (1) (a) (v) would endanger the person or another person.\nDespite subsection (1) (b) , a person may operate, within 30m of another moving ship, a personal watercraft at a speed of more than 10kn but no more than the speed limit if—\nthe personal watercraft is being operated as part of an aquatic event held in accordance with an aquatic event authority; or\ncomplying with subsection (1) (b) would endanger the person or another person.\nSubsections (1) (a) and (2) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 6kn or less has been fixed under section 206A or 206AA of the Act .\nSubsections (1) (b) and (3) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 10kn or less has been fixed under section 206A or 206AA of the Act .\nThe collision regulations continue to apply to a personal watercraft being operated as provided under subsection (2) , (3) , (4) or (5) .\nIn this section—\nbathing reserve means a bathing reserve under the control of a local government under the Local Government Regulation 2012 , section 62 .\n(sec.82-ssec.1) A person must not— operate a personal watercraft at a speed of more than 6kn if the personal watercraft is within 60m of any of the following— a person in the water; a ship at anchor, moored, made fast to the shore or aground; a jetty, wharf, boat ramp or pontoon in or on the waters; the boundary of a bathing reserve; the shore; or operate a personal watercraft at a speed of more than 10kn if the personal watercraft is within 30m of another moving ship. Maximum penalty—200 penalty units.\n(sec.82-ssec.2) Despite subsection (1) (a) (v) , a person may operate a personal watercraft in waters within 60m of the shore at a speed of more than 6kn but no more than the speed limit if— the personal watercraft is being operated for waterskiing; or all of the following apply— the waters are less than 120m wide; the person is operating the personal watercraft along or near the centre of the waters, or within a marked channel; the person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or complying with subsection (1) (a) (v) would endanger the person or another person.\n(sec.82-ssec.3) Despite subsection (1) (b) , a person may operate, within 30m of another moving ship, a personal watercraft at a speed of more than 10kn but no more than the speed limit if— the personal watercraft is being operated as part of an aquatic event held in accordance with an aquatic event authority; or complying with subsection (1) (b) would endanger the person or another person.\n(sec.82-ssec.4) Subsections (1) (a) and (2) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 6kn or less has been fixed under section 206A or 206AA of the Act .\n(sec.82-ssec.5) Subsections (1) (b) and (3) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 10kn or less has been fixed under section 206A or 206AA of the Act .\n(sec.82-ssec.6) The collision regulations continue to apply to a personal watercraft being operated as provided under subsection (2) , (3) , (4) or (5) .\n(sec.82-ssec.7) In this section— bathing reserve means a bathing reserve under the control of a local government under the Local Government Regulation 2012 , section 62 .\n- (a) operate a personal watercraft at a speed of more than 6kn if the personal watercraft is within 60m of any of the following— (i) a person in the water; (ii) a ship at anchor, moored, made fast to the shore or aground; (iii) a jetty, wharf, boat ramp or pontoon in or on the waters; (iv) the boundary of a bathing reserve; (v) the shore; or\n- (i) a person in the water;\n- (ii) a ship at anchor, moored, made fast to the shore or aground;\n- (iii) a jetty, wharf, boat ramp or pontoon in or on the waters;\n- (iv) the boundary of a bathing reserve;\n- (v) the shore; or\n- (b) operate a personal watercraft at a speed of more than 10kn if the personal watercraft is within 30m of another moving ship.\n- (i) a person in the water;\n- (ii) a ship at anchor, moored, made fast to the shore or aground;\n- (iii) a jetty, wharf, boat ramp or pontoon in or on the waters;\n- (iv) the boundary of a bathing reserve;\n- (v) the shore; or\n- (a) the personal watercraft is being operated for waterskiing; or\n- (b) all of the following apply— (i) the waters are less than 120m wide; (ii) the person is operating the personal watercraft along or near the centre of the waters, or within a marked channel; (iii) the person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or\n- (i) the waters are less than 120m wide;\n- (ii) the person is operating the personal watercraft along or near the centre of the waters, or within a marked channel;\n- (iii) the person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or\n- (c) complying with subsection (1) (a) (v) would endanger the person or another person.\n- (i) the waters are less than 120m wide;\n- (ii) the person is operating the personal watercraft along or near the centre of the waters, or within a marked channel;\n- (iii) the person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or\n- (a) the personal watercraft is being operated as part of an aquatic event held in accordance with an aquatic event authority; or\n- (b) complying with subsection (1) (b) would endanger the person or another person.","sortOrder":100},{"sectionNumber":"sec.83","sectionType":"section","heading":"Speed limit for ship if wash can cause marine incident or shoreline damage","content":"### sec.83 Speed limit for ship if wash can cause marine incident or shoreline damage\n\nA person must not operate a ship at a speed at which the ship’s wash is reasonably capable of causing—\na marine incident; or\ndamage to the shoreline.\nMaximum penalty—200 penalty units.\nSubsection (1) applies even if a speed limit is fixed under section 206A or 206AA of the Act .\nSee section 206A (7) or 206AA (7) of the Act .\n(sec.83-ssec.1) A person must not operate a ship at a speed at which the ship’s wash is reasonably capable of causing— a marine incident; or damage to the shoreline. Maximum penalty—200 penalty units.\n(sec.83-ssec.2) Subsection (1) applies even if a speed limit is fixed under section 206A or 206AA of the Act . See section 206A (7) or 206AA (7) of the Act .\n- (a) a marine incident; or\n- (b) damage to the shoreline.","sortOrder":101},{"sectionNumber":"sec.84","sectionType":"section","heading":"Exception for ship operated at speed necessary for safety","content":"### sec.84 Exception for ship operated at speed necessary for safety\n\nA person does not commit an offence against section 81 (2) , 82 (1) or 83 (1) if—\na ship must be operated at a control speed that is more than the highest speed at which the ship may be operated under the section (the statutory speed ) because it is unsafe for the ship to be operated at a speed less than the ship’s control speed; and\nthe person operates the ship at a speed more than the statutory speed only to the extent that it is reasonably necessary for the safe operation of the ship.\nIn this section—\ncontrol speed , of a ship, means the minimum speed at which the ship can be kept on its course in the prevailing circumstances and conditions.\n(sec.84-ssec.1) A person does not commit an offence against section 81 (2) , 82 (1) or 83 (1) if— a ship must be operated at a control speed that is more than the highest speed at which the ship may be operated under the section (the statutory speed ) because it is unsafe for the ship to be operated at a speed less than the ship’s control speed; and the person operates the ship at a speed more than the statutory speed only to the extent that it is reasonably necessary for the safe operation of the ship.\n(sec.84-ssec.2) In this section— control speed , of a ship, means the minimum speed at which the ship can be kept on its course in the prevailing circumstances and conditions.\n- (a) a ship must be operated at a control speed that is more than the highest speed at which the ship may be operated under the section (the statutory speed ) because it is unsafe for the ship to be operated at a speed less than the ship’s control speed; and\n- (b) the person operates the ship at a speed more than the statutory speed only to the extent that it is reasonably necessary for the safe operation of the ship.","sortOrder":102},{"sectionNumber":"sec.85","sectionType":"section","heading":"Interfering with speed sign","content":"### sec.85 Interfering with speed sign\n\nA person must not interfere with a speed sign erected or marked by the general manager under section 206A (4) of the Act , or by the Gold Coast Waterways Authority under section 206AA (4) of the Act , unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIn this section—\ninterfere with includes damage, destroy, mark and remove.\n(sec.85-ssec.1) A person must not interfere with a speed sign erected or marked by the general manager under section 206A (4) of the Act , or by the Gold Coast Waterways Authority under section 206AA (4) of the Act , unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.85-ssec.2) In this section— interfere with includes damage, destroy, mark and remove.","sortOrder":103},{"sectionNumber":"sec.86","sectionType":"section","heading":"Other restrictions for personal watercraft operating in particular places","content":"### sec.86 Other restrictions for personal watercraft operating in particular places\n\nA person must not, while operating a personal watercraft, freestyle, surf or wave jump within 200m of the shore if—\nthe personal watercraft is being operated in coastal waters; and\n1 or more dwellings are within 100m of the shore and are visible from, and in the vicinity of, where the personal watercraft is being operated.\nMaximum penalty—200 penalty units.\nIn this section—\ncoastal waters means the coastal waters of the State, and includes other waters within the limits of the State that are subject to the ebb and flow of the tide.\n(sec.86-ssec.1) A person must not, while operating a personal watercraft, freestyle, surf or wave jump within 200m of the shore if— the personal watercraft is being operated in coastal waters; and 1 or more dwellings are within 100m of the shore and are visible from, and in the vicinity of, where the personal watercraft is being operated. Maximum penalty—200 penalty units.\n(sec.86-ssec.2) In this section— coastal waters means the coastal waters of the State, and includes other waters within the limits of the State that are subject to the ebb and flow of the tide.\n- (a) the personal watercraft is being operated in coastal waters; and\n- (b) 1 or more dwellings are within 100m of the shore and are visible from, and in the vicinity of, where the personal watercraft is being operated.","sortOrder":104},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Dangerous cargo","content":"# Dangerous cargo","sortOrder":105},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"General duties","content":"## General duties","sortOrder":106},{"sectionNumber":"sec.87","sectionType":"section","heading":"Duties of person sending dangerous cargo by ship","content":"### sec.87 Duties of person sending dangerous cargo by ship\n\nA person must not send dangerous cargo, other than dangerous goods, by ship unless, before sending the cargo, the person gives the master of the ship a written notice about the cargo stating each of the following—\nthe proper shipping name of the cargo;\nthe UN number for the cargo stated in the IMDG code;\nthe quantity of the cargo;\nif the cargo has a flash point—its flash point or flash point range.\nMaximum penalty—200 penalty units.\nA person must not send dangerous goods by ship unless, before sending the goods, the person—\npacks, secures, marks, labels, placards (for a cargo transport unit) and documents the goods in the way required under the IMDG code; and\ngives the master of the ship the documents required under the IMDG code.\nSubsection (2) is a regulation to which section 213 (3) of the Act applies.\nSection 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\n(sec.87-ssec.1) A person must not send dangerous cargo, other than dangerous goods, by ship unless, before sending the cargo, the person gives the master of the ship a written notice about the cargo stating each of the following— the proper shipping name of the cargo; the UN number for the cargo stated in the IMDG code; the quantity of the cargo; if the cargo has a flash point—its flash point or flash point range. Maximum penalty—200 penalty units.\n(sec.87-ssec.2) A person must not send dangerous goods by ship unless, before sending the goods, the person— packs, secures, marks, labels, placards (for a cargo transport unit) and documents the goods in the way required under the IMDG code; and gives the master of the ship the documents required under the IMDG code.\n(sec.87-ssec.3) Subsection (2) is a regulation to which section 213 (3) of the Act applies. Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\n- (a) the proper shipping name of the cargo;\n- (b) the UN number for the cargo stated in the IMDG code;\n- (c) the quantity of the cargo;\n- (d) if the cargo has a flash point—its flash point or flash point range.\n- (a) packs, secures, marks, labels, placards (for a cargo transport unit) and documents the goods in the way required under the IMDG code; and\n- (b) gives the master of the ship the documents required under the IMDG code.","sortOrder":107},{"sectionNumber":"sec.88","sectionType":"section","heading":"Duties of owner or master about dangerous cargo","content":"### sec.88 Duties of owner or master about dangerous cargo\n\nThe owner or master of a ship handling dangerous cargo, other than dangerous goods, must, to the extent it is reasonably practicable, comply with the appropriate dangerous cargo code for the cargo while handling that cargo.\nMaximum penalty—200 penalty units.\nThe owner or master of a ship handling dangerous goods must, to the extent it is reasonably practicable, comply with the IMDG code while handling the goods.\nSubsection (2) is a regulation to which section 213 (3) of the Act applies.\nSection 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\n(sec.88-ssec.1) The owner or master of a ship handling dangerous cargo, other than dangerous goods, must, to the extent it is reasonably practicable, comply with the appropriate dangerous cargo code for the cargo while handling that cargo. Maximum penalty—200 penalty units.\n(sec.88-ssec.2) The owner or master of a ship handling dangerous goods must, to the extent it is reasonably practicable, comply with the IMDG code while handling the goods.\n(sec.88-ssec.3) Subsection (2) is a regulation to which section 213 (3) of the Act applies. Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.","sortOrder":108},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Dangerous cargo codes","content":"## Dangerous cargo codes","sortOrder":109},{"sectionNumber":"sec.89","sectionType":"section","heading":"Application of dangerous cargo codes","content":"### sec.89 Application of dangerous cargo codes\n\nThe dangerous cargo codes have effect as if they were part of this regulation.","sortOrder":110},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":"General reporting requirements for ship with dangerous cargo","content":"## General reporting requirements for ship with dangerous cargo","sortOrder":111},{"sectionNumber":"sec.90","sectionType":"section","heading":"Reporting requirement for ship other than ship operated on local marine service","content":"### sec.90 Reporting requirement for ship other than ship operated on local marine service\n\nThis section applies if—\na ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and any of the following (each a relevant event ) is to happen—\nthe ship is to arrive at, or depart from, a pilotage area;\nthe ship is at a berth or anchorage in a pilotage area and—\nthe ship is to be removed to another berth or anchorage in the pilotage area; or\nthe dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\na ship, other than a ship that is to be operated on a local marine service, is to be loaded with dangerous cargo while in a pilotage area (also a relevant event ).\nThe owner or master of the ship must report the following information in the way and to the person required under subsection (3) —\nthe expected time of the relevant event;\nthe information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 .\nMaximum penalty—200 penalty units.\nThe report under subsection (2) must be made within the time mentioned in section 92 and—\nif the relevant event is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to a harbour master for the pilotage area; or\nif the relevant event to be reported is to happen in the Brisbane pilotage area—\nfor information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and\nfor DGTrac information—to the DGTrac system; or\nif the relevant event is to happen outside a pilotage area—in the approved form to the general manager.\nHowever, if the dangerous cargo is dangerous goods—\nthe penalty provision for subsection (2) does not apply; and\nsubsection (2) is a regulation to which section 213 (3) of the Act applies.\nSection 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\nIn this section—\nDGTrac information means the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 , clause 3.3, paragraphs (d) to (k) and clause 3.4, paragraphs (d) to (h) .\nDGTrac system means an electronic system operated by Port of Brisbane Pty Ltd, a subsidiary of Port of Brisbane Pty Ltd, or a port operator, that is used for the reporting of dangerous goods and dangerous cargo carried by ships in the Brisbane pilotage area.\nPort of Brisbane Pty Ltd means Port of Brisbane Pty Ltd ACN 143 384 749.\n(sec.90-ssec.1) This section applies if— a ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and any of the following (each a relevant event ) is to happen— the ship is to arrive at, or depart from, a pilotage area; the ship is at a berth or anchorage in a pilotage area and— the ship is to be removed to another berth or anchorage in the pilotage area; or the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or a ship, other than a ship that is to be operated on a local marine service, is to be loaded with dangerous cargo while in a pilotage area (also a relevant event ).\n(sec.90-ssec.2) The owner or master of the ship must report the following information in the way and to the person required under subsection (3) — the expected time of the relevant event; the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 . Maximum penalty—200 penalty units.\n(sec.90-ssec.3) The report under subsection (2) must be made within the time mentioned in section 92 and— if the relevant event is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to a harbour master for the pilotage area; or if the relevant event to be reported is to happen in the Brisbane pilotage area— for information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and for DGTrac information—to the DGTrac system; or if the relevant event is to happen outside a pilotage area—in the approved form to the general manager.\n(sec.90-ssec.4) However, if the dangerous cargo is dangerous goods— the penalty provision for subsection (2) does not apply; and subsection (2) is a regulation to which section 213 (3) of the Act applies. Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\n(sec.90-ssec.5) In this section— DGTrac information means the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 , clause 3.3, paragraphs (d) to (k) and clause 3.4, paragraphs (d) to (h) . DGTrac system means an electronic system operated by Port of Brisbane Pty Ltd, a subsidiary of Port of Brisbane Pty Ltd, or a port operator, that is used for the reporting of dangerous goods and dangerous cargo carried by ships in the Brisbane pilotage area. Port of Brisbane Pty Ltd means Port of Brisbane Pty Ltd ACN 143 384 749.\n- (a) a ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and any of the following (each a relevant event ) is to happen— (i) the ship is to arrive at, or depart from, a pilotage area; (ii) the ship is at a berth or anchorage in a pilotage area and— (A) the ship is to be removed to another berth or anchorage in the pilotage area; or (B) the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\n- (i) the ship is to arrive at, or depart from, a pilotage area;\n- (ii) the ship is at a berth or anchorage in a pilotage area and— (A) the ship is to be removed to another berth or anchorage in the pilotage area; or (B) the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\n- (A) the ship is to be removed to another berth or anchorage in the pilotage area; or\n- (B) the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\n- (b) a ship, other than a ship that is to be operated on a local marine service, is to be loaded with dangerous cargo while in a pilotage area (also a relevant event ).\n- (i) the ship is to arrive at, or depart from, a pilotage area;\n- (ii) the ship is at a berth or anchorage in a pilotage area and— (A) the ship is to be removed to another berth or anchorage in the pilotage area; or (B) the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\n- (A) the ship is to be removed to another berth or anchorage in the pilotage area; or\n- (B) the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\n- (A) the ship is to be removed to another berth or anchorage in the pilotage area; or\n- (B) the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or\n- (a) the expected time of the relevant event;\n- (b) the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 .\n- (a) if the relevant event is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to a harbour master for the pilotage area; or\n- (b) if the relevant event to be reported is to happen in the Brisbane pilotage area— (i) for information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and (ii) for DGTrac information—to the DGTrac system; or\n- (i) for information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and\n- (ii) for DGTrac information—to the DGTrac system; or\n- (c) if the relevant event is to happen outside a pilotage area—in the approved form to the general manager.\n- (i) for information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and\n- (ii) for DGTrac information—to the DGTrac system; or\n- (a) the penalty provision for subsection (2) does not apply; and\n- (b) subsection (2) is a regulation to which section 213 (3) of the Act applies.","sortOrder":112},{"sectionNumber":"sec.91","sectionType":"section","heading":"Reporting requirement for ship operated on local marine service","content":"### sec.91 Reporting requirement for ship operated on local marine service\n\nThis section applies if a ship is to be operated on a local marine service.\nThe owner or master of the ship must report the following matters in the way and to the person required under subsection (3) —\nthe start of the local marine service and the nature of the dangerous cargo to be handled on voyages that are part of the service;\neach voyage that is part of the local marine service and the nature of the dangerous cargo to be handled on the voyage.\nMaximum penalty—200 penalty units.\nThe report under subsection (2) must be made within the time mentioned in section 92 and—\nif an event to be reported is to happen in a pilotage area—in the approved form to a harbour master for the pilotage area; or\nif an event to be reported is to happen outside a pilotage area—in the approved form to the general manager.\nHowever, if the dangerous cargo to be handled is dangerous goods—\nthe penalty provision for subsection (2) does not apply; and\nsubsection (2) is a regulation to which section 213 (3) of the Act applies.\nSection 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\nThe owner or master of a ship operating on a local marine service must notify the general manager within 14 days after the person stops operating the service.\nMaximum penalty for subsection (5) —50 penalty units.\n(sec.91-ssec.1) This section applies if a ship is to be operated on a local marine service.\n(sec.91-ssec.2) The owner or master of the ship must report the following matters in the way and to the person required under subsection (3) — the start of the local marine service and the nature of the dangerous cargo to be handled on voyages that are part of the service; each voyage that is part of the local marine service and the nature of the dangerous cargo to be handled on the voyage. Maximum penalty—200 penalty units.\n(sec.91-ssec.3) The report under subsection (2) must be made within the time mentioned in section 92 and— if an event to be reported is to happen in a pilotage area—in the approved form to a harbour master for the pilotage area; or if an event to be reported is to happen outside a pilotage area—in the approved form to the general manager.\n(sec.91-ssec.4) However, if the dangerous cargo to be handled is dangerous goods— the penalty provision for subsection (2) does not apply; and subsection (2) is a regulation to which section 213 (3) of the Act applies. Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.\n(sec.91-ssec.5) The owner or master of a ship operating on a local marine service must notify the general manager within 14 days after the person stops operating the service. Maximum penalty for subsection (5) —50 penalty units.\n- (a) the start of the local marine service and the nature of the dangerous cargo to be handled on voyages that are part of the service;\n- (b) each voyage that is part of the local marine service and the nature of the dangerous cargo to be handled on the voyage.\n- (a) if an event to be reported is to happen in a pilotage area—in the approved form to a harbour master for the pilotage area; or\n- (b) if an event to be reported is to happen outside a pilotage area—in the approved form to the general manager.\n- (a) the penalty provision for subsection (2) does not apply; and\n- (b) subsection (2) is a regulation to which section 213 (3) of the Act applies. Note— Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.","sortOrder":113},{"sectionNumber":"sec.92","sectionType":"section","heading":"Time for giving report","content":"### sec.92 Time for giving report\n\nA report under section 90 must be made—\nfor the arrival of a ship—at least 48 hours before the expected arrival; or\nfor the departure or removal of a ship—at least 3 hours before the expected departure or removal; or\nfor the transfer of dangerous cargo to another ship—at least 24 hours before the transfer is expected to start; or\nfor the loading of dangerous cargo on a ship—at least 24 hours before the loading is expected to start.\nA report under section 91 must be made—\nfor the start of the local marine service—at least 48 hours before the start of the service; and\nfor each voyage that is a part of the local marine service—at the time the person to whom the report is made considers reasonable and of which written notice is given to the owner or master of the ship.\nThe general manager may, by gazette notice, change a time mentioned in subsection (1) or (2) (a) , for a particular place, if the general manager is reasonably satisfied the change is necessary for the particular place—\nto ensure marine safety; or\nto maintain the effectiveness and efficiency of the Queensland maritime industry.\n(sec.92-ssec.1) A report under section 90 must be made— for the arrival of a ship—at least 48 hours before the expected arrival; or for the departure or removal of a ship—at least 3 hours before the expected departure or removal; or for the transfer of dangerous cargo to another ship—at least 24 hours before the transfer is expected to start; or for the loading of dangerous cargo on a ship—at least 24 hours before the loading is expected to start.\n(sec.92-ssec.2) A report under section 91 must be made— for the start of the local marine service—at least 48 hours before the start of the service; and for each voyage that is a part of the local marine service—at the time the person to whom the report is made considers reasonable and of which written notice is given to the owner or master of the ship.\n(sec.92-ssec.3) The general manager may, by gazette notice, change a time mentioned in subsection (1) or (2) (a) , for a particular place, if the general manager is reasonably satisfied the change is necessary for the particular place— to ensure marine safety; or to maintain the effectiveness and efficiency of the Queensland maritime industry.\n- (a) for the arrival of a ship—at least 48 hours before the expected arrival; or\n- (b) for the departure or removal of a ship—at least 3 hours before the expected departure or removal; or\n- (c) for the transfer of dangerous cargo to another ship—at least 24 hours before the transfer is expected to start; or\n- (d) for the loading of dangerous cargo on a ship—at least 24 hours before the loading is expected to start.\n- (a) for the start of the local marine service—at least 48 hours before the start of the service; and\n- (b) for each voyage that is a part of the local marine service—at the time the person to whom the report is made considers reasonable and of which written notice is given to the owner or master of the ship.\n- (a) to ensure marine safety; or\n- (b) to maintain the effectiveness and efficiency of the Queensland maritime industry.","sortOrder":114},{"sectionNumber":"ch.5-pt.4-div.4","sectionType":"division","heading":"Other reporting requirements","content":"## Other reporting requirements","sortOrder":115},{"sectionNumber":"sec.93","sectionType":"section","heading":"Reporting dangerous cargo event","content":"### sec.93 Reporting dangerous cargo event\n\nThis section applies to a person if—\nthe person is—\nin charge of a place where a ship is, or is about to be, berthed; or\nthe owner or master of a ship; and\nthe person becomes aware that a dangerous cargo event has happened at the place or on the ship.\nThe person must report the dangerous cargo event in the way and to the person required under subsections (3) and (4) .\nMaximum penalty—100 penalty units.\nThe person must report the dangerous cargo event in the approved form and as soon as reasonably practicable after the person finds out about it.\nThe person must report the dangerous cargo event—\nif the event happens in a pilotage area—to a harbour master for the area; or\notherwise—to the general manager.\nIn this section—\ndangerous cargo event means—\nfor dangerous cargo—\nthe loss, or likely loss, of the cargo from a ship into Queensland waters; or\na breach, or danger of a breach, of the containment of the cargo that could endanger marine safety; or\nanother event involving, or that could involve, the cargo that causes risk of an explosion, a fire, a person’s death or grievous bodily harm to a person; or\nfor cargo that is materials that are hazardous only in bulk under the IMSBC Code—an event that causes a risk of an explosion, a fire, a person’s death or grievous bodily harm to a person.\n(sec.93-ssec.1) This section applies to a person if— the person is— in charge of a place where a ship is, or is about to be, berthed; or the owner or master of a ship; and the person becomes aware that a dangerous cargo event has happened at the place or on the ship.\n(sec.93-ssec.2) The person must report the dangerous cargo event in the way and to the person required under subsections (3) and (4) . Maximum penalty—100 penalty units.\n(sec.93-ssec.3) The person must report the dangerous cargo event in the approved form and as soon as reasonably practicable after the person finds out about it.\n(sec.93-ssec.4) The person must report the dangerous cargo event— if the event happens in a pilotage area—to a harbour master for the area; or otherwise—to the general manager.\n(sec.93-ssec.5) In this section— dangerous cargo event means— for dangerous cargo— the loss, or likely loss, of the cargo from a ship into Queensland waters; or a breach, or danger of a breach, of the containment of the cargo that could endanger marine safety; or another event involving, or that could involve, the cargo that causes risk of an explosion, a fire, a person’s death or grievous bodily harm to a person; or for cargo that is materials that are hazardous only in bulk under the IMSBC Code—an event that causes a risk of an explosion, a fire, a person’s death or grievous bodily harm to a person.\n- (a) the person is— (i) in charge of a place where a ship is, or is about to be, berthed; or (ii) the owner or master of a ship; and\n- (i) in charge of a place where a ship is, or is about to be, berthed; or\n- (ii) the owner or master of a ship; and\n- (b) the person becomes aware that a dangerous cargo event has happened at the place or on the ship.\n- (i) in charge of a place where a ship is, or is about to be, berthed; or\n- (ii) the owner or master of a ship; and\n- (a) if the event happens in a pilotage area—to a harbour master for the area; or\n- (b) otherwise—to the general manager.\n- (a) for dangerous cargo— (i) the loss, or likely loss, of the cargo from a ship into Queensland waters; or (ii) a breach, or danger of a breach, of the containment of the cargo that could endanger marine safety; or (iii) another event involving, or that could involve, the cargo that causes risk of an explosion, a fire, a person’s death or grievous bodily harm to a person; or\n- (i) the loss, or likely loss, of the cargo from a ship into Queensland waters; or\n- (ii) a breach, or danger of a breach, of the containment of the cargo that could endanger marine safety; or\n- (iii) another event involving, or that could involve, the cargo that causes risk of an explosion, a fire, a person’s death or grievous bodily harm to a person; or\n- (b) for cargo that is materials that are hazardous only in bulk under the IMSBC Code—an event that causes a risk of an explosion, a fire, a person’s death or grievous bodily harm to a person.\n- (i) the loss, or likely loss, of the cargo from a ship into Queensland waters; or\n- (ii) a breach, or danger of a breach, of the containment of the cargo that could endanger marine safety; or\n- (iii) another event involving, or that could involve, the cargo that causes risk of an explosion, a fire, a person’s death or grievous bodily harm to a person; or","sortOrder":116},{"sectionNumber":"sec.94","sectionType":"section","heading":"General manager may require declaration about ship’s cargo","content":"### sec.94 General manager may require declaration about ship’s cargo\n\nThis section applies if the general manager believes on reasonable grounds that a ship in Queensland waters, other than the waters of a pilotage area, is carrying dangerous cargo.\nThe general manager may ask the owner or master of the ship to tell the general manager about the cargo the ship is carrying.\nThe request may be made in the quickest and most convenient way.\nIf the request is not written, the general manager must make a written note of the request and its details.\nThe written note is evidence that the request was made.\nThe person given the request must comply with the request by radio or any form of electronic communication in the shortest practicable time, unless the person has a reasonable excuse.\nMaximum penalty for subsection (6) —200 penalty units.\n(sec.94-ssec.1) This section applies if the general manager believes on reasonable grounds that a ship in Queensland waters, other than the waters of a pilotage area, is carrying dangerous cargo.\n(sec.94-ssec.2) The general manager may ask the owner or master of the ship to tell the general manager about the cargo the ship is carrying.\n(sec.94-ssec.3) The request may be made in the quickest and most convenient way.\n(sec.94-ssec.4) If the request is not written, the general manager must make a written note of the request and its details.\n(sec.94-ssec.5) The written note is evidence that the request was made.\n(sec.94-ssec.6) The person given the request must comply with the request by radio or any form of electronic communication in the shortest practicable time, unless the person has a reasonable excuse. Maximum penalty for subsection (6) —200 penalty units.","sortOrder":117},{"sectionNumber":"ch.5-pt.4-div.5","sectionType":"division","heading":"Loading restriction","content":"## Loading restriction","sortOrder":118},{"sectionNumber":"sec.95","sectionType":"section","heading":"Restriction on loading combination carrier","content":"### sec.95 Restriction on loading combination carrier\n\nThis section applies if the owner of a combination carrier has carried—\nbulk liquid dangerous cargo consisting of crude oil or petroleum products with a flash point of not more than 60ºC on a previous voyage (a relevant voyage ) made by the carrier; or\nother bulk liquid dangerous cargo on 1 or more of its last 3 voyages (the last of which is also a relevant voyage ).\nThe owner or master of the combination carrier must not load the carrier with bulk solid cargo in a pilotage area unless—\nan approved chemist has issued a safety test certificate for the ship certifying that, after the relevant voyage, the approved chemist—\ntested the atmosphere, in the way stated in ISGOTT, in all places on the carrier that had previously contained the dangerous cargo to ensure that they are gas free; and\nverified that all tanks on the ship containing slops are in an inert condition under ISGOTT; and\nthe owner or master of the carrier has given a harbour master for the pilotage area—\na copy of the safety test certificate; and\nif subsection (1) (a) applies—a statement in the approved form about the carrier’s last 3 loaded voyages and the cargoes it carried on each voyage.\nMaximum penalty—200 penalty units.\nThis section does not limit the obligations of the owner or master of a ship under section 88 .\nIn this section—\napproved chemist means a competent person within the meaning of AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).\ncombination carrier means a ship designed to carry either oil or solid cargoes in bulk.\ngas free see AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).\n(sec.95-ssec.1) This section applies if the owner of a combination carrier has carried— bulk liquid dangerous cargo consisting of crude oil or petroleum products with a flash point of not more than 60ºC on a previous voyage (a relevant voyage ) made by the carrier; or other bulk liquid dangerous cargo on 1 or more of its last 3 voyages (the last of which is also a relevant voyage ).\n(sec.95-ssec.2) The owner or master of the combination carrier must not load the carrier with bulk solid cargo in a pilotage area unless— an approved chemist has issued a safety test certificate for the ship certifying that, after the relevant voyage, the approved chemist— tested the atmosphere, in the way stated in ISGOTT, in all places on the carrier that had previously contained the dangerous cargo to ensure that they are gas free; and verified that all tanks on the ship containing slops are in an inert condition under ISGOTT; and the owner or master of the carrier has given a harbour master for the pilotage area— a copy of the safety test certificate; and if subsection (1) (a) applies—a statement in the approved form about the carrier’s last 3 loaded voyages and the cargoes it carried on each voyage. Maximum penalty—200 penalty units.\n(sec.95-ssec.3) This section does not limit the obligations of the owner or master of a ship under section 88 .\n(sec.95-ssec.4) In this section— approved chemist means a competent person within the meaning of AS 3846—2005 (The handling and transport of dangerous cargoes in port areas). combination carrier means a ship designed to carry either oil or solid cargoes in bulk. gas free see AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).\n- (a) bulk liquid dangerous cargo consisting of crude oil or petroleum products with a flash point of not more than 60ºC on a previous voyage (a relevant voyage ) made by the carrier; or\n- (b) other bulk liquid dangerous cargo on 1 or more of its last 3 voyages (the last of which is also a relevant voyage ).\n- (a) an approved chemist has issued a safety test certificate for the ship certifying that, after the relevant voyage, the approved chemist— (i) tested the atmosphere, in the way stated in ISGOTT, in all places on the carrier that had previously contained the dangerous cargo to ensure that they are gas free; and (ii) verified that all tanks on the ship containing slops are in an inert condition under ISGOTT; and\n- (i) tested the atmosphere, in the way stated in ISGOTT, in all places on the carrier that had previously contained the dangerous cargo to ensure that they are gas free; and\n- (ii) verified that all tanks on the ship containing slops are in an inert condition under ISGOTT; and\n- (b) the owner or master of the carrier has given a harbour master for the pilotage area— (i) a copy of the safety test certificate; and (ii) if subsection (1) (a) applies—a statement in the approved form about the carrier’s last 3 loaded voyages and the cargoes it carried on each voyage.\n- (i) a copy of the safety test certificate; and\n- (ii) if subsection (1) (a) applies—a statement in the approved form about the carrier’s last 3 loaded voyages and the cargoes it carried on each voyage.\n- (i) tested the atmosphere, in the way stated in ISGOTT, in all places on the carrier that had previously contained the dangerous cargo to ensure that they are gas free; and\n- (ii) verified that all tanks on the ship containing slops are in an inert condition under ISGOTT; and\n- (i) a copy of the safety test certificate; and\n- (ii) if subsection (1) (a) applies—a statement in the approved form about the carrier’s last 3 loaded voyages and the cargoes it carried on each voyage.","sortOrder":119},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":120},{"sectionNumber":"sec.96","sectionType":"section","heading":"Operation of ship by enforcement officer","content":"### sec.96 Operation of ship by enforcement officer\n\nThis section applies to an enforcement officer who—\nholds a certificate of competency to operate a ship as its master under the national law; and\nis operating a ship in carrying out the officer’s duties.\nThe enforcement officer may, if reasonably necessary in performing the officer’s duties—\noperate the ship at any safe speed, which may be higher than a speed limit applying under another provision of this regulation; or\noperate the ship displaying lights and sounding a repeater horn or siren in addition to the lights and sound devices required for operating the ship under the collision regulations; or\noperate the ship in a marine zone contrary to section 178 ; or\nanchor the ship in a place contrary to section 195 ; or\nanchor, berth, moor or operate the ship in a place contrary to section 196 ; or\nanchor, berth, moor or operate the ship in a way contrary to section 197 .\nAn enforcement officer does not commit an offence against this regulation for doing something authorised by subsection (2) .\nIn this section—\nenforcement officer means—\na police officer; or\nan officer of the Queensland Boating and Fisheries Patrol; or\nan officer of MSQ who is a shipping inspector; or\nan officer of the Queensland Parks and Wildlife Service who is one or more of the following—\nan inspector appointed under the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 43 ;\nan inspector appointed under the Marine Parks Act 2004 , section 52 ;\na conservation officer appointed under the Nature Conservation Act 1992 , section 127 .\ns 96 amd 2021 SL No. 180 s 10\n(sec.96-ssec.1) This section applies to an enforcement officer who— holds a certificate of competency to operate a ship as its master under the national law; and is operating a ship in carrying out the officer’s duties.\n(sec.96-ssec.2) The enforcement officer may, if reasonably necessary in performing the officer’s duties— operate the ship at any safe speed, which may be higher than a speed limit applying under another provision of this regulation; or operate the ship displaying lights and sounding a repeater horn or siren in addition to the lights and sound devices required for operating the ship under the collision regulations; or operate the ship in a marine zone contrary to section 178 ; or anchor the ship in a place contrary to section 195 ; or anchor, berth, moor or operate the ship in a place contrary to section 196 ; or anchor, berth, moor or operate the ship in a way contrary to section 197 .\n(sec.96-ssec.3) An enforcement officer does not commit an offence against this regulation for doing something authorised by subsection (2) .\n(sec.96-ssec.4) In this section— enforcement officer means— a police officer; or an officer of the Queensland Boating and Fisheries Patrol; or an officer of MSQ who is a shipping inspector; or an officer of the Queensland Parks and Wildlife Service who is one or more of the following— an inspector appointed under the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 43 ; an inspector appointed under the Marine Parks Act 2004 , section 52 ; a conservation officer appointed under the Nature Conservation Act 1992 , section 127 .\n- (a) holds a certificate of competency to operate a ship as its master under the national law; and\n- (b) is operating a ship in carrying out the officer’s duties.\n- (a) operate the ship at any safe speed, which may be higher than a speed limit applying under another provision of this regulation; or\n- (b) operate the ship displaying lights and sounding a repeater horn or siren in addition to the lights and sound devices required for operating the ship under the collision regulations; or\n- (c) operate the ship in a marine zone contrary to section 178 ; or\n- (d) anchor the ship in a place contrary to section 195 ; or\n- (e) anchor, berth, moor or operate the ship in a place contrary to section 196 ; or\n- (f) anchor, berth, moor or operate the ship in a way contrary to section 197 .\n- (a) a police officer; or\n- (b) an officer of the Queensland Boating and Fisheries Patrol; or\n- (c) an officer of MSQ who is a shipping inspector; or\n- (d) an officer of the Queensland Parks and Wildlife Service who is one or more of the following— (i) an inspector appointed under the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 43 ; (ii) an inspector appointed under the Marine Parks Act 2004 , section 52 ; (iii) a conservation officer appointed under the Nature Conservation Act 1992 , section 127 .\n- (i) an inspector appointed under the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 43 ;\n- (ii) an inspector appointed under the Marine Parks Act 2004 , section 52 ;\n- (iii) a conservation officer appointed under the Nature Conservation Act 1992 , section 127 .\n- (i) an inspector appointed under the Great Barrier Reef Marine Park Act 1975 (Cwlth) , section 43 ;\n- (ii) an inspector appointed under the Marine Parks Act 2004 , section 52 ;\n- (iii) a conservation officer appointed under the Nature Conservation Act 1992 , section 127 .","sortOrder":121},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application of pt 14 , div 2 of the Act — Act , s 187","content":"### sec.97 Application of pt 14 , div 2 of the Act — Act , s 187\n\nPart 14 , division 2 of the Act applies to ships, other than recreational ships, in Queensland waters.\nPart 14 , division 2 of the Act contains provisions about passengers on ships.","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":"Start and end of particular business activities to be notified","content":"### sec.98 Start and end of particular business activities to be notified\n\nThis section applies if the owner or master of a ship starts using the ship in carrying on business for any of the following purposes—\ncarrying passengers for reward;\nproviding the ship as a hire ship;\nproviding a leisure tourism or entertainment activity for a person for reward, including, for example, parasailing or waterskiing.\nBefore starting the business, the owner or master must give written advice about starting the business—\nto—\nif the business is started in a pilotage area—a harbour master for the pilotage area; or\notherwise—the general manager; and\nthat contains the following particulars—\nthe person’s name and address;\nthe starting date of the business;\na brief description of the business and the waters where it will be mainly carried on.\nMaximum penalty—50 penalty units.\nIf the owner or master stops carrying on the business, the owner or master must notify the harbour master or the general manager in writing within 1 month after the person stops carrying on the business.\nMaximum penalty—50 penalty units.\nIn this section—\nhire ship means a ship, without master or crew, hired or made available by a person for the recreational use of someone else under a commercial arrangement between those persons.\na cruiser, dinghy, houseboat, personal watercraft or yacht hired for recreational use\n(sec.98-ssec.1) This section applies if the owner or master of a ship starts using the ship in carrying on business for any of the following purposes— carrying passengers for reward; providing the ship as a hire ship; providing a leisure tourism or entertainment activity for a person for reward, including, for example, parasailing or waterskiing.\n(sec.98-ssec.2) Before starting the business, the owner or master must give written advice about starting the business— to— if the business is started in a pilotage area—a harbour master for the pilotage area; or otherwise—the general manager; and that contains the following particulars— the person’s name and address; the starting date of the business; a brief description of the business and the waters where it will be mainly carried on. Maximum penalty—50 penalty units.\n(sec.98-ssec.3) If the owner or master stops carrying on the business, the owner or master must notify the harbour master or the general manager in writing within 1 month after the person stops carrying on the business. Maximum penalty—50 penalty units.\n(sec.98-ssec.4) In this section— hire ship means a ship, without master or crew, hired or made available by a person for the recreational use of someone else under a commercial arrangement between those persons. a cruiser, dinghy, houseboat, personal watercraft or yacht hired for recreational use\n- (a) carrying passengers for reward;\n- (b) providing the ship as a hire ship;\n- (c) providing a leisure tourism or entertainment activity for a person for reward, including, for example, parasailing or waterskiing.\n- (a) to— (i) if the business is started in a pilotage area—a harbour master for the pilotage area; or (ii) otherwise—the general manager; and\n- (i) if the business is started in a pilotage area—a harbour master for the pilotage area; or\n- (ii) otherwise—the general manager; and\n- (b) that contains the following particulars— (i) the person’s name and address; (ii) the starting date of the business; (iii) a brief description of the business and the waters where it will be mainly carried on.\n- (i) the person’s name and address;\n- (ii) the starting date of the business;\n- (iii) a brief description of the business and the waters where it will be mainly carried on.\n- (i) if the business is started in a pilotage area—a harbour master for the pilotage area; or\n- (ii) otherwise—the general manager; and\n- (i) the person’s name and address;\n- (ii) the starting date of the business;\n- (iii) a brief description of the business and the waters where it will be mainly carried on.","sortOrder":123},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":124},{"sectionNumber":"sec.99","sectionType":"section","heading":"Who is an administering agency","content":"### sec.99 Who is an administering agency\n\nThe administering agency is—\nfor an authority—the entity who may grant the authority under this regulation; or\nfor a marine licence—the entity who may grant the marine licence under this regulation; or\nfor a marine licence indicator—the entity who, under this regulation, may grant the marine licence to which the indicator relates.\n- (a) for an authority—the entity who may grant the authority under this regulation; or\n- (b) for a marine licence—the entity who may grant the marine licence under this regulation; or\n- (c) for a marine licence indicator—the entity who, under this regulation, may grant the marine licence to which the indicator relates.","sortOrder":125},{"sectionNumber":"sec.100","sectionType":"section","heading":"What is an authority","content":"### sec.100 What is an authority\n\nAn authority is any of the following—\nan approval, other than a marine licence;\na restricted use authority;\nan examining approval;\na temporary permit;\na consent under section 77 to use or display a prescribed signal of distress for genuine training or demonstration purposes;\na pilotage exemption certificate;\na buoy mooring approval;\nan aquatic event authority.\nA reference in this regulation to an authority, other than in this chapter, includes a reference to a temporary authority in force under section 104 .\n(sec.100-ssec.1) An authority is any of the following— an approval, other than a marine licence; a restricted use authority; an examining approval; a temporary permit; a consent under section 77 to use or display a prescribed signal of distress for genuine training or demonstration purposes; a pilotage exemption certificate; a buoy mooring approval; an aquatic event authority.\n(sec.100-ssec.2) A reference in this regulation to an authority, other than in this chapter, includes a reference to a temporary authority in force under section 104 .\n- (a) an approval, other than a marine licence;\n- (b) a restricted use authority;\n- (c) an examining approval;\n- (d) a temporary permit;\n- (e) a consent under section 77 to use or display a prescribed signal of distress for genuine training or demonstration purposes;\n- (f) a pilotage exemption certificate;\n- (g) a buoy mooring approval;\n- (h) an aquatic event authority.","sortOrder":126},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Authorities","content":"# Authorities","sortOrder":127},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"How authority is obtained","content":"## How authority is obtained","sortOrder":128},{"sectionNumber":"sec.101","sectionType":"section","heading":"Making application","content":"### sec.101 Making application\n\nA person may apply to the administering agency for an authority.\nThe application must be—\nin the approved form or, if there is no approved form for the application, in writing; and\nsupported by enough information to enable the administering agency to decide the application; and\naccompanied by the fee for the authority (if any).\n(sec.101-ssec.1) A person may apply to the administering agency for an authority.\n(sec.101-ssec.2) The application must be— in the approved form or, if there is no approved form for the application, in writing; and supported by enough information to enable the administering agency to decide the application; and accompanied by the fee for the authority (if any).\n- (a) in the approved form or, if there is no approved form for the application, in writing; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) accompanied by the fee for the authority (if any).","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":"Administering agency may request further information","content":"### sec.102 Administering agency may request further information\n\nIf the administering agency considers the application is not supported by enough information to enable the administering agency to decide the application, the administering agency may give the applicant a written notice—\nrequesting the further information necessary to decide the application; and\nstating the reasonable period, of at least 30 days after the notice is given, within which the information must be given to the administering agency.\nThe administering agency and the applicant may, within the period stated in the notice, agree to extend the period to a later day.\nIf the further information requested is not given within the period stated in the notice, the administering agency may refuse to consider the application for the authority.\n(sec.102-ssec.1) If the administering agency considers the application is not supported by enough information to enable the administering agency to decide the application, the administering agency may give the applicant a written notice— requesting the further information necessary to decide the application; and stating the reasonable period, of at least 30 days after the notice is given, within which the information must be given to the administering agency.\n(sec.102-ssec.2) The administering agency and the applicant may, within the period stated in the notice, agree to extend the period to a later day.\n(sec.102-ssec.3) If the further information requested is not given within the period stated in the notice, the administering agency may refuse to consider the application for the authority.\n- (a) requesting the further information necessary to decide the application; and\n- (b) stating the reasonable period, of at least 30 days after the notice is given, within which the information must be given to the administering agency.","sortOrder":130},{"sectionNumber":"sec.103","sectionType":"section","heading":"Administering agency to decide application within 30 days","content":"### sec.103 Administering agency to decide application within 30 days\n\nThe administering agency must decide each application for an authority within 30 days after—\nthe application is made; or\nif the administering agency has given the applicant a notice requesting further information under section 102 —the further information is given.\n- (a) the application is made; or\n- (b) if the administering agency has given the applicant a notice requesting further information under section 102 —the further information is given.","sortOrder":131},{"sectionNumber":"sec.104","sectionType":"section","heading":"Temporary authority for registration of particular ships or pilot licence","content":"### sec.104 Temporary authority for registration of particular ships or pilot licence\n\nThis section applies if a person applies for—\nthe registration of an other Queensland regulated ship; or\na pilot licence for a pilotage area.\nThe administering agency may grant a temporary registration or temporary pilot licence for a pilotage area (a temporary authority ) to the applicant for a term of not more than 6 months.\nThe administering agency must issue to the applicant a document evidencing the temporary authority.\nThe temporary authority is in force until the earliest of the following happens—\nthe term of the temporary authority ends;\nthe application for the registration or pilot licence is finally decided by the administering agency and the administering agency notifies the applicant of the decision;\nthe temporary authority is suspended under section 117 .\n(sec.104-ssec.1) This section applies if a person applies for— the registration of an other Queensland regulated ship; or a pilot licence for a pilotage area.\n(sec.104-ssec.2) The administering agency may grant a temporary registration or temporary pilot licence for a pilotage area (a temporary authority ) to the applicant for a term of not more than 6 months.\n(sec.104-ssec.3) The administering agency must issue to the applicant a document evidencing the temporary authority.\n(sec.104-ssec.4) The temporary authority is in force until the earliest of the following happens— the term of the temporary authority ends; the application for the registration or pilot licence is finally decided by the administering agency and the administering agency notifies the applicant of the decision; the temporary authority is suspended under section 117 .\n- (a) the registration of an other Queensland regulated ship; or\n- (b) a pilot licence for a pilotage area.\n- (a) the term of the temporary authority ends;\n- (b) the application for the registration or pilot licence is finally decided by the administering agency and the administering agency notifies the applicant of the decision;\n- (c) the temporary authority is suspended under section 117 .","sortOrder":132},{"sectionNumber":"sec.105","sectionType":"section","heading":"Grant of authority on conditions","content":"### sec.105 Grant of authority on conditions\n\nThe administering agency may grant an authority on conditions the administering agency considers reasonable and relevant.\nUnder section 107 , the document evidencing an authority must state all conditions imposed on the authority under this regulation.\nPart 16 of the Act provides for the review of a decision made by the administering agency under this section.\nFor consequences for a contravention of a condition of an authority, see—\nsection 57 (4) of the Act in relation to the registration of a ship\nsection 54 in relation to restricted use authorities\nsection 75 (5) in relation to temporary permits\nsections 110 (2) and 115 in relation to all authorities\nsection 198 (4) in relation to aquatic event authorities.\n- 1 Under section 107 , the document evidencing an authority must state all conditions imposed on the authority under this regulation.\n- 2 Part 16 of the Act provides for the review of a decision made by the administering agency under this section.\n- 3 For consequences for a contravention of a condition of an authority, see— • section 57 (4) of the Act in relation to the registration of a ship • section 54 in relation to restricted use authorities • section 75 (5) in relation to temporary permits • sections 110 (2) and 115 in relation to all authorities • section 198 (4) in relation to aquatic event authorities.\n- • section 57 (4) of the Act in relation to the registration of a ship\n- • section 54 in relation to restricted use authorities\n- • section 75 (5) in relation to temporary permits\n- • sections 110 (2) and 115 in relation to all authorities\n- • section 198 (4) in relation to aquatic event authorities.\n- • section 57 (4) of the Act in relation to the registration of a ship\n- • section 54 in relation to restricted use authorities\n- • section 75 (5) in relation to temporary permits\n- • sections 110 (2) and 115 in relation to all authorities\n- • section 198 (4) in relation to aquatic event authorities.","sortOrder":133},{"sectionNumber":"sec.106","sectionType":"section","heading":"Term of authority","content":"### sec.106 Term of authority\n\nThe term of an authority is the term stated in the document evidencing the authority.","sortOrder":134},{"sectionNumber":"sec.107","sectionType":"section","heading":"Issuing of document evidencing authority if application granted","content":"### sec.107 Issuing of document evidencing authority if application granted\n\nIf the administering agency decides to grant an application for an authority and the applicant pays the fee for the authority (if any), the administering agency must, within 30 days after making the decision, issue to the applicant a document evidencing the authority in the approved form.\nThe document evidencing the authority must state all conditions imposed on the authority under a provision of this regulation.\nSee also section 53 (2) .\nWithout limiting subsection (2) , a condition may be stated by—\nreferring to the provision of this regulation that imposes the condition; or\nindicating the condition imposed by the administering agency under section 31 , 105 or 188 .\nIn this regulation, a reference to a document evidencing an authority is a reference to the document issued under this section for the authority.\n(sec.107-ssec.1) If the administering agency decides to grant an application for an authority and the applicant pays the fee for the authority (if any), the administering agency must, within 30 days after making the decision, issue to the applicant a document evidencing the authority in the approved form.\n(sec.107-ssec.2) The document evidencing the authority must state all conditions imposed on the authority under a provision of this regulation. See also section 53 (2) .\n(sec.107-ssec.3) Without limiting subsection (2) , a condition may be stated by— referring to the provision of this regulation that imposes the condition; or indicating the condition imposed by the administering agency under section 31 , 105 or 188 .\n(sec.107-ssec.4) In this regulation, a reference to a document evidencing an authority is a reference to the document issued under this section for the authority.\n- (a) referring to the provision of this regulation that imposes the condition; or\n- (b) indicating the condition imposed by the administering agency under section 31 , 105 or 188 .","sortOrder":135},{"sectionNumber":"sec.108","sectionType":"section","heading":"Refusal of application","content":"### sec.108 Refusal of application\n\nIf the administering agency decides to refuse an application for an authority, the administering agency must give the applicant written notice of the decision within 14 days after making the decision.\nWithout limiting subsection (1) , the administering agency may refuse an application for an authority if—\nthe applicant has contravened marine safety legislation; or\nthe applicant has had another authority or marine licence under the Act cancelled or suspended; or\nthe applicant has been convicted of an indictable offence; or\nthe applicant has not paid fees payable under the Act ; or\nif the application is for the registration of a ship—the administering agency is reasonably satisfied that the ship is not seaworthy even if a survey report has been issued for the ship.\nThe notice of the decision must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\n(sec.108-ssec.1) If the administering agency decides to refuse an application for an authority, the administering agency must give the applicant written notice of the decision within 14 days after making the decision.\n(sec.108-ssec.2) Without limiting subsection (1) , the administering agency may refuse an application for an authority if— the applicant has contravened marine safety legislation; or the applicant has had another authority or marine licence under the Act cancelled or suspended; or the applicant has been convicted of an indictable offence; or the applicant has not paid fees payable under the Act ; or if the application is for the registration of a ship—the administering agency is reasonably satisfied that the ship is not seaworthy even if a survey report has been issued for the ship.\n(sec.108-ssec.3) The notice of the decision must state— the reasons for the decision; and the prescribed review information for the decision.\n- (a) the applicant has contravened marine safety legislation; or\n- (b) the applicant has had another authority or marine licence under the Act cancelled or suspended; or\n- (c) the applicant has been convicted of an indictable offence; or\n- (d) the applicant has not paid fees payable under the Act ; or\n- (e) if the application is for the registration of a ship—the administering agency is reasonably satisfied that the ship is not seaworthy even if a survey report has been issued for the ship.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.","sortOrder":136},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Renewal of authority","content":"## Renewal of authority","sortOrder":137},{"sectionNumber":"sec.109","sectionType":"section","heading":"Application for renewal","content":"### sec.109 Application for renewal\n\nThe holder of an authority may apply to the administering agency for the renewal of the authority.\nThe application must be—\nfor an authority other than the registration of a ship—in the approved form or, if there is no approved form for the application, in writing; and\nsupported by enough information to enable the administering agency to decide the application; and\naccompanied by the fee for the renewal (if any).\n(sec.109-ssec.1) The holder of an authority may apply to the administering agency for the renewal of the authority.\n(sec.109-ssec.2) The application must be— for an authority other than the registration of a ship—in the approved form or, if there is no approved form for the application, in writing; and supported by enough information to enable the administering agency to decide the application; and accompanied by the fee for the renewal (if any).\n- (a) for an authority other than the registration of a ship—in the approved form or, if there is no approved form for the application, in writing; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) accompanied by the fee for the renewal (if any).","sortOrder":138},{"sectionNumber":"sec.110","sectionType":"section","heading":"Div 1 applies to application for renewal","content":"### sec.110 Div 1 applies to application for renewal\n\nDivision 1 applies to an application for renewal of an authority in the same way it applies to an application for an authority.\nHowever, the administering agency may also refuse an application for renewal of an authority if—\nthe authority was granted in error or because of a document or representation that—\nwas false or misleading; or\nwas obtained or made in another improper way; or\nthe applicant has contravened a condition of the authority; or\nfor a buoy mooring approval—there has been a significant change in circumstances affecting marine safety in the vicinity of the buoy mooring.\n(sec.110-ssec.1) Division 1 applies to an application for renewal of an authority in the same way it applies to an application for an authority.\n(sec.110-ssec.2) However, the administering agency may also refuse an application for renewal of an authority if— the authority was granted in error or because of a document or representation that— was false or misleading; or was obtained or made in another improper way; or the applicant has contravened a condition of the authority; or for a buoy mooring approval—there has been a significant change in circumstances affecting marine safety in the vicinity of the buoy mooring.\n- (a) the authority was granted in error or because of a document or representation that— (i) was false or misleading; or (ii) was obtained or made in another improper way; or\n- (i) was false or misleading; or\n- (ii) was obtained or made in another improper way; or\n- (b) the applicant has contravened a condition of the authority; or\n- (c) for a buoy mooring approval—there has been a significant change in circumstances affecting marine safety in the vicinity of the buoy mooring.\n- (i) was false or misleading; or\n- (ii) was obtained or made in another improper way; or","sortOrder":139},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Amendment of authority","content":"## Amendment of authority","sortOrder":140},{"sectionNumber":"sec.111","sectionType":"section","heading":"Amendment at holder’s request","content":"### sec.111 Amendment at holder’s request\n\nThe holder of an authority may apply to the administering agency for an amendment of the authority.\nThe application must be—\nin the approved form or, if there is no approved form for the application, in writing; and\nsupported by enough information to enable the administering agency to decide the application; and\naccompanied by the fee for the amendment (if any).\nDivision 1 applies to an application for an amendment of an authority in the same way it applies to an application for an authority.\n(sec.111-ssec.1) The holder of an authority may apply to the administering agency for an amendment of the authority.\n(sec.111-ssec.2) The application must be— in the approved form or, if there is no approved form for the application, in writing; and supported by enough information to enable the administering agency to decide the application; and accompanied by the fee for the amendment (if any).\n(sec.111-ssec.3) Division 1 applies to an application for an amendment of an authority in the same way it applies to an application for an authority.\n- (a) in the approved form or, if there is no approved form for the application, in writing; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) accompanied by the fee for the amendment (if any).","sortOrder":141},{"sectionNumber":"sec.112","sectionType":"section","heading":"Amendment on administering agency’s initiative","content":"### sec.112 Amendment on administering agency’s initiative\n\nThe administering agency may amend an authority at any time if—\nthe holder of the authority agrees to the amendment; or\nthe administering agency considers it necessary or desirable because—\nthe holder has contravened the Act ; or\nthe authority was granted in error or because of a document or representation that—\nwas false or misleading; or\nwas obtained or made in another improper way.\nIf the administering agency proposes to amend an authority for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section.\nThe notice must state the following—\nthe proposed amendment;\nthe grounds for the proposed amendment;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.\nIf, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the authority.\nIf the administering agency decides to amend an authority, the administering agency must give the holder of the authority written notice of the decision, which must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\nIf, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision.\n(sec.112-ssec.1) The administering agency may amend an authority at any time if— the holder of the authority agrees to the amendment; or the administering agency considers it necessary or desirable because— the holder has contravened the Act ; or the authority was granted in error or because of a document or representation that— was false or misleading; or was obtained or made in another improper way.\n(sec.112-ssec.2) If the administering agency proposes to amend an authority for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section.\n(sec.112-ssec.3) The notice must state the following— the proposed amendment; the grounds for the proposed amendment; an outline of the facts and circumstances forming the basis for the grounds; that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.\n(sec.112-ssec.4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the authority.\n(sec.112-ssec.5) If the administering agency decides to amend an authority, the administering agency must give the holder of the authority written notice of the decision, which must state— the reasons for the decision; and the prescribed review information for the decision.\n(sec.112-ssec.6) If, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision.\n- (a) the holder of the authority agrees to the amendment; or\n- (b) the administering agency considers it necessary or desirable because— (i) the holder has contravened the Act ; or (ii) the authority was granted in error or because of a document or representation that— (A) was false or misleading; or (B) was obtained or made in another improper way.\n- (i) the holder has contravened the Act ; or\n- (ii) the authority was granted in error or because of a document or representation that— (A) was false or misleading; or (B) was obtained or made in another improper way.\n- (A) was false or misleading; or\n- (B) was obtained or made in another improper way.\n- (i) the holder has contravened the Act ; or\n- (ii) the authority was granted in error or because of a document or representation that— (A) was false or misleading; or (B) was obtained or made in another improper way.\n- (A) was false or misleading; or\n- (B) was obtained or made in another improper way.\n- (A) was false or misleading; or\n- (B) was obtained or made in another improper way.\n- (a) the proposed amendment;\n- (b) the grounds for the proposed amendment;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.","sortOrder":142},{"sectionNumber":"sec.113","sectionType":"section","heading":"When amendment takes effect","content":"### sec.113 When amendment takes effect\n\nIf the administering agency amends an authority, the amendment takes effect from—\nthe day the authority is amended; or\nif the administering agency stated a later day when granting or deciding the amendment, the later day.\n- (a) the day the authority is amended; or\n- (b) if the administering agency stated a later day when granting or deciding the amendment, the later day.","sortOrder":143},{"sectionNumber":"sec.114","sectionType":"section","heading":"Document evidencing authority to be updated after amendment","content":"### sec.114 Document evidencing authority to be updated after amendment\n\nThe administering agency may, by written notice, ask the holder of an authority to return the document evidencing the authority to the administering agency within a stated time, of at least 30 days, to enable the administering agency to update the document to reflect an amendment made to the authority.\nThe holder must comply with the notice, unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe administering agency must return the document evidencing the authority to the holder after—\nthe agency has updated the document; and\nthe holder has paid the fee for the amendment of the authority (if any).\nThe amendment of an authority by the administering agency does not depend on the document evidencing the authority being updated under this section.\n(sec.114-ssec.1) The administering agency may, by written notice, ask the holder of an authority to return the document evidencing the authority to the administering agency within a stated time, of at least 30 days, to enable the administering agency to update the document to reflect an amendment made to the authority.\n(sec.114-ssec.2) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.114-ssec.3) The administering agency must return the document evidencing the authority to the holder after— the agency has updated the document; and the holder has paid the fee for the amendment of the authority (if any).\n(sec.114-ssec.4) The amendment of an authority by the administering agency does not depend on the document evidencing the authority being updated under this section.\n- (a) the agency has updated the document; and\n- (b) the holder has paid the fee for the amendment of the authority (if any).","sortOrder":144},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Suspension or cancellation of authority and action after marine incident","content":"## Suspension or cancellation of authority and action after marine incident","sortOrder":145},{"sectionNumber":"sec.115","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.115 Grounds for suspension or cancellation\n\nThe administering agency may suspend or cancel an authority on any of the following grounds—\nthe holder has contravened marine safety legislation;\nthe authority was granted in error or because of a document or representation that—\nwas false or misleading; or\nwas obtained or made in another improper way;\nthe holder has contravened a condition of the authority;\nthe holder has been convicted of—\nan indictable offence; or\nif the authority is a licence—an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;\nthe holder has not paid fees payable under the Act ;\nfor the registration of a Queensland regulated ship—the administering agency is reasonably satisfied that the ship is not seaworthy even if a survey report has been issued for the ship.\n- (a) the holder has contravened marine safety legislation;\n- (b) the authority was granted in error or because of a document or representation that— (i) was false or misleading; or (ii) was obtained or made in another improper way;\n- (i) was false or misleading; or\n- (ii) was obtained or made in another improper way;\n- (c) the holder has contravened a condition of the authority;\n- (d) the holder has been convicted of— (i) an indictable offence; or (ii) if the authority is a licence—an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;\n- (i) an indictable offence; or\n- (ii) if the authority is a licence—an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;\n- (e) the holder has not paid fees payable under the Act ;\n- (f) for the registration of a Queensland regulated ship—the administering agency is reasonably satisfied that the ship is not seaworthy even if a survey report has been issued for the ship.\n- (i) was false or misleading; or\n- (ii) was obtained or made in another improper way;\n- (i) an indictable offence; or\n- (ii) if the authority is a licence—an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;","sortOrder":146},{"sectionNumber":"sec.116","sectionType":"section","heading":"Procedure for suspension or cancellation","content":"### sec.116 Procedure for suspension or cancellation\n\nIf the administering agency considers a ground exists to suspend or cancel an authority (the proposed action ), the administering agency may give the holder of the authority a written notice stating the following—\nthe proposed action;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is to suspend the authority—the proposed suspension term;\nthat the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may—\nif the proposed action was to suspend the authority for a stated term—suspend the authority for not longer than the proposed suspension term; or\nif the proposed action was to cancel the authority—cancel the authority or suspend it for a term.\nThe administering agency must give the holder written notice of the decision within 14 days after the administering agency makes the decision.\nIf the administering agency decides to suspend or cancel the authority, the notice must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\nThe decision takes effect on the later of the following—\nthe day when the notice is given to the holder;\nthe day of effect stated in the notice.\nHowever, if the authority is suspended or cancelled because of the conviction of a person for an offence—\nthe suspension or cancellation does not take effect until—\nthe end of the time to appeal against the conviction; and\nif an appeal is made against the conviction—the appeal is finally decided; and\nthe suspension or cancellation has no effect if the conviction is quashed on appeal.\n(sec.116-ssec.1) If the administering agency considers a ground exists to suspend or cancel an authority (the proposed action ), the administering agency may give the holder of the authority a written notice stating the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is to suspend the authority—the proposed suspension term; that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.\n(sec.116-ssec.2) If, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may— if the proposed action was to suspend the authority for a stated term—suspend the authority for not longer than the proposed suspension term; or if the proposed action was to cancel the authority—cancel the authority or suspend it for a term.\n(sec.116-ssec.3) The administering agency must give the holder written notice of the decision within 14 days after the administering agency makes the decision.\n(sec.116-ssec.4) If the administering agency decides to suspend or cancel the authority, the notice must state— the reasons for the decision; and the prescribed review information for the decision.\n(sec.116-ssec.5) The decision takes effect on the later of the following— the day when the notice is given to the holder; the day of effect stated in the notice.\n(sec.116-ssec.6) However, if the authority is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is to suspend the authority—the proposed suspension term;\n- (e) that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the authority for a stated term—suspend the authority for not longer than the proposed suspension term; or\n- (b) if the proposed action was to cancel the authority—cancel the authority or suspend it for a term.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.\n- (a) the day when the notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (b) the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and","sortOrder":147},{"sectionNumber":"sec.117","sectionType":"section","heading":"Action by general manager after marine incident","content":"### sec.117 Action by general manager after marine incident\n\nThis section applies to any of the following involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act —\na person who holds any of the following (each a relevant authority )—\na pilot licence;\na temporary permit;\na temporary pilot licence under section 104 ;\na pilotage exemption certificate;\na ship that is the subject of either of the following (each also a relevant authority )—\nregistration;\ntemporary registration under section 104 ;\nan entity that holds a training program approval (also a relevant authority ).\nThe general manager may, by signed notice given to the person, to the owner or master of the ship, or to the entity, suspend or amend the relevant authority.\nThe notice must state each of the following—\nthe grounds for suspension or amendment;\nan outline of the facts and circumstances forming the basis of the general manager’s decision;\nif the relevant authority is suspended—\nthe suspension term, which must be reasonable in the circumstances but not longer than 6 months; or\nif the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ;\nif the relevant authority is amended—the way the authority is amended and for how long the amendment is to be in effect;\nthe prescribed review information for the general manager’s decision.\nThe suspension or amendment takes effect on the later of the following—\nthe day when the notice is given to the holder;\nthe day of effect stated in the notice.\nThis section does not limit sections 115 and 116 .\n(sec.117-ssec.1) This section applies to any of the following involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act — a person who holds any of the following (each a relevant authority )— a pilot licence; a temporary permit; a temporary pilot licence under section 104 ; a pilotage exemption certificate; a ship that is the subject of either of the following (each also a relevant authority )— registration; temporary registration under section 104 ; an entity that holds a training program approval (also a relevant authority ).\n(sec.117-ssec.2) The general manager may, by signed notice given to the person, to the owner or master of the ship, or to the entity, suspend or amend the relevant authority.\n(sec.117-ssec.3) The notice must state each of the following— the grounds for suspension or amendment; an outline of the facts and circumstances forming the basis of the general manager’s decision; if the relevant authority is suspended— the suspension term, which must be reasonable in the circumstances but not longer than 6 months; or if the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ; if the relevant authority is amended—the way the authority is amended and for how long the amendment is to be in effect; the prescribed review information for the general manager’s decision.\n(sec.117-ssec.4) The suspension or amendment takes effect on the later of the following— the day when the notice is given to the holder; the day of effect stated in the notice.\n(sec.117-ssec.5) This section does not limit sections 115 and 116 .\n- (a) a person who holds any of the following (each a relevant authority )— (i) a pilot licence; (ii) a temporary permit; (iii) a temporary pilot licence under section 104 ; (iv) a pilotage exemption certificate;\n- (i) a pilot licence;\n- (ii) a temporary permit;\n- (iii) a temporary pilot licence under section 104 ;\n- (iv) a pilotage exemption certificate;\n- (b) a ship that is the subject of either of the following (each also a relevant authority )— (i) registration; (ii) temporary registration under section 104 ;\n- (i) registration;\n- (ii) temporary registration under section 104 ;\n- (c) an entity that holds a training program approval (also a relevant authority ).\n- (i) a pilot licence;\n- (ii) a temporary permit;\n- (iii) a temporary pilot licence under section 104 ;\n- (iv) a pilotage exemption certificate;\n- (i) registration;\n- (ii) temporary registration under section 104 ;\n- (a) the grounds for suspension or amendment;\n- (b) an outline of the facts and circumstances forming the basis of the general manager’s decision;\n- (c) if the relevant authority is suspended— (i) the suspension term, which must be reasonable in the circumstances but not longer than 6 months; or (ii) if the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ;\n- (i) the suspension term, which must be reasonable in the circumstances but not longer than 6 months; or\n- (ii) if the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ;\n- (d) if the relevant authority is amended—the way the authority is amended and for how long the amendment is to be in effect;\n- (e) the prescribed review information for the general manager’s decision.\n- (i) the suspension term, which must be reasonable in the circumstances but not longer than 6 months; or\n- (ii) if the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ;\n- (a) the day when the notice is given to the holder;\n- (b) the day of effect stated in the notice.","sortOrder":148},{"sectionNumber":"sec.118","sectionType":"section","heading":"Extension or ending of suspension or amendment after marine incident","content":"### sec.118 Extension or ending of suspension or amendment after marine incident\n\nThis section applies if—\nunder section 117 (2) , the general manager suspends or amends an authority after a marine incident; and\nwhile the suspension or amendment is still in effect, the general manager receives a shipping inspector’s report about the marine incident; and\nthe suspension term or the period for which the amendment is to be in effect under section 117 does not end within 14 days after the general manager receives the report.\nIf the general manager gives a notice under section 116 (1) to the holder of the authority within 14 days after receiving the inspector’s report, the suspension or amendment of the authority under section 117 continues until the general manager gives the holder written notice under section 116 (3) .\nIf the general manager does not give a notice under section 116 (1) to the holder of the authority within 14 days after receiving the inspector’s report—\nthe suspension or amendment of the authority under section 117 ends at the end of the 14 days; and\nthe general manager must notify the holder of the authority that the effect of the suspension or amendment has ended.\n(sec.118-ssec.1) This section applies if— under section 117 (2) , the general manager suspends or amends an authority after a marine incident; and while the suspension or amendment is still in effect, the general manager receives a shipping inspector’s report about the marine incident; and the suspension term or the period for which the amendment is to be in effect under section 117 does not end within 14 days after the general manager receives the report.\n(sec.118-ssec.2) If the general manager gives a notice under section 116 (1) to the holder of the authority within 14 days after receiving the inspector’s report, the suspension or amendment of the authority under section 117 continues until the general manager gives the holder written notice under section 116 (3) .\n(sec.118-ssec.3) If the general manager does not give a notice under section 116 (1) to the holder of the authority within 14 days after receiving the inspector’s report— the suspension or amendment of the authority under section 117 ends at the end of the 14 days; and the general manager must notify the holder of the authority that the effect of the suspension or amendment has ended.\n- (a) under section 117 (2) , the general manager suspends or amends an authority after a marine incident; and\n- (b) while the suspension or amendment is still in effect, the general manager receives a shipping inspector’s report about the marine incident; and\n- (c) the suspension term or the period for which the amendment is to be in effect under section 117 does not end within 14 days after the general manager receives the report.\n- (a) the suspension or amendment of the authority under section 117 ends at the end of the 14 days; and\n- (b) the general manager must notify the holder of the authority that the effect of the suspension or amendment has ended.","sortOrder":149},{"sectionNumber":"sec.119","sectionType":"section","heading":"Effect of suspension on renewal of authority","content":"### sec.119 Effect of suspension on renewal of authority\n\nAn authority that is suspended under section 116 (2) or 117 (2) may be renewed.\nHowever, the suspension continues until the end of the suspension term.\n(sec.119-ssec.1) An authority that is suspended under section 116 (2) or 117 (2) may be renewed.\n(sec.119-ssec.2) However, the suspension continues until the end of the suspension term.","sortOrder":150},{"sectionNumber":"sec.120","sectionType":"section","heading":"Document evidencing authority to be returned after suspension or cancellation","content":"### sec.120 Document evidencing authority to be returned after suspension or cancellation\n\nA person whose authority or temporary pilot licence is suspended or cancelled must return the document evidencing the authority or temporary pilot licence to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nHowever, a person does not commit an offence against subsection (1) if—\nthe authority is the registration of a Queensland regulated ship; and\nthe document evidencing the authority was issued in the way provided for under section 159A .\nIf the document evidencing an authority is returned to the administering agency after the authority is suspended, the administering agency must return it to the holder at the end of the suspension term.\nIn this section—\ntemporary pilot licence means a temporary pilot licence under section 104 .\ns 120 amd 2019 SL No. 51 s 7\n(sec.120-ssec.1) A person whose authority or temporary pilot licence is suspended or cancelled must return the document evidencing the authority or temporary pilot licence to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.120-ssec.2) However, a person does not commit an offence against subsection (1) if— the authority is the registration of a Queensland regulated ship; and the document evidencing the authority was issued in the way provided for under section 159A .\n(sec.120-ssec.3) If the document evidencing an authority is returned to the administering agency after the authority is suspended, the administering agency must return it to the holder at the end of the suspension term.\n(sec.120-ssec.4) In this section— temporary pilot licence means a temporary pilot licence under section 104 .\n- (a) the authority is the registration of a Queensland regulated ship; and\n- (b) the document evidencing the authority was issued in the way provided for under section 159A .","sortOrder":151},{"sectionNumber":"ch.6-pt.2-div.5","sectionType":"division","heading":"Other provisions about authorities","content":"## Other provisions about authorities","sortOrder":152},{"sectionNumber":"sec.121","sectionType":"section","heading":"Holder to notify change of address","content":"### sec.121 Holder to notify change of address\n\nIf the holder of an authority changes a relevant address, the holder must, within 14 days after the change, give the administering agency written notice of the change, unless the holder has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIn this section—\nrelevant address , for a holder of an authority, means the following—\nthe holder’s address;\nif there is a current postal address for the holder—the postal address.\n(sec.121-ssec.1) If the holder of an authority changes a relevant address, the holder must, within 14 days after the change, give the administering agency written notice of the change, unless the holder has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.121-ssec.2) In this section— relevant address , for a holder of an authority, means the following— the holder’s address; if there is a current postal address for the holder—the postal address.\n- (a) the holder’s address;\n- (b) if there is a current postal address for the holder—the postal address.","sortOrder":153},{"sectionNumber":"sec.122","sectionType":"section","heading":"Keeping document evidencing authority","content":"### sec.122 Keeping document evidencing authority\n\nThe holder of an authority must keep the document evidencing the authority, or a document about the granting of the authority, until the holder no longer holds the authority.\nMaximum penalty—20 penalty units.\nHowever, a person does not commit an offence against subsection (1) if—\nthe authority is the registration of a Queensland regulated ship; and\nthe document evidencing the authority was issued in the way provided for under section 159A .\ns 122 amd 2019 SL No. 51 s 8\n(sec.122-ssec.1) The holder of an authority must keep the document evidencing the authority, or a document about the granting of the authority, until the holder no longer holds the authority. Maximum penalty—20 penalty units.\n(sec.122-ssec.2) However, a person does not commit an offence against subsection (1) if— the authority is the registration of a Queensland regulated ship; and the document evidencing the authority was issued in the way provided for under section 159A .\n- (a) the authority is the registration of a Queensland regulated ship; and\n- (b) the document evidencing the authority was issued in the way provided for under section 159A .","sortOrder":154},{"sectionNumber":"sec.123","sectionType":"section","heading":"Defacing or changing document evidencing authority","content":"### sec.123 Defacing or changing document evidencing authority\n\nThe holder of an authority must not deface or otherwise change the document evidencing the authority.\nMaximum penalty—20 penalty units.","sortOrder":155},{"sectionNumber":"sec.124","sectionType":"section","heading":"Replacement of document evidencing authority","content":"### sec.124 Replacement of document evidencing authority\n\nIf the document evidencing an authority is damaged, lost or stolen, the holder of the authority may apply to the administering agency for a replacement document.\nThe application must be—\nin the approved form or, if there is no approved form for the application, in writing; and\nsupported by enough information to enable the administering agency to decide the application; and\naccompanied by the fee for the replacement document (if any).\nThe administering agency may replace the document evidencing the authority only if the administering agency is reasonably satisfied it has been damaged, lost or stolen.\nIn this section—\ndamaged includes destroyed, defaced, mutilated or made illegible.\n(sec.124-ssec.1) If the document evidencing an authority is damaged, lost or stolen, the holder of the authority may apply to the administering agency for a replacement document.\n(sec.124-ssec.2) The application must be— in the approved form or, if there is no approved form for the application, in writing; and supported by enough information to enable the administering agency to decide the application; and accompanied by the fee for the replacement document (if any).\n(sec.124-ssec.3) The administering agency may replace the document evidencing the authority only if the administering agency is reasonably satisfied it has been damaged, lost or stolen.\n(sec.124-ssec.4) In this section— damaged includes destroyed, defaced, mutilated or made illegible.\n- (a) in the approved form or, if there is no approved form for the application, in writing; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) accompanied by the fee for the replacement document (if any).","sortOrder":156},{"sectionNumber":"sec.125","sectionType":"section","heading":"Surrender of authority","content":"### sec.125 Surrender of authority\n\nThe holder of an authority may surrender it by written notice given to the administering agency.\nThe notice must be accompanied by the document evidencing the authority unless—\nthe authority is the registration of a Queensland regulated ship; and\nthe document evidencing the authority was issued in the way provided for under section 159A .\nThe surrender of the authority takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\ns 125 amd 2019 SL No. 51 s 9\n(sec.125-ssec.1) The holder of an authority may surrender it by written notice given to the administering agency.\n(sec.125-ssec.2) The notice must be accompanied by the document evidencing the authority unless— the authority is the registration of a Queensland regulated ship; and the document evidencing the authority was issued in the way provided for under section 159A .\n(sec.125-ssec.3) The surrender of the authority takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the authority is the registration of a Queensland regulated ship; and\n- (b) the document evidencing the authority was issued in the way provided for under section 159A .\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":157},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Marine licences and marine licence indicators","content":"# Marine licences and marine licence indicators","sortOrder":158},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"How marine licence or marine licence indicator is obtained","content":"## How marine licence or marine licence indicator is obtained","sortOrder":159},{"sectionNumber":"sec.126","sectionType":"section","heading":"Making application","content":"### sec.126 Making application\n\nA person may apply to the administering agency for a marine licence or a marine licence indicator for a marine licence.\nThe application must be—\nin the approved form; and\nsupported by enough information to enable the administering agency to decide the application; and\nfor a marine licence—accompanied by the fee for the licence.\n(sec.126-ssec.1) A person may apply to the administering agency for a marine licence or a marine licence indicator for a marine licence.\n(sec.126-ssec.2) The application must be— in the approved form; and supported by enough information to enable the administering agency to decide the application; and for a marine licence—accompanied by the fee for the licence.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) for a marine licence—accompanied by the fee for the licence.","sortOrder":160},{"sectionNumber":"sec.127","sectionType":"section","heading":"Administering agency to decide application within 30 days","content":"### sec.127 Administering agency to decide application within 30 days\n\nThe administering agency must decide each application for a marine licence or a marine licence indicator for a marine licence within 30 days after the application is made.\nSee the Transport Planning and Coordination Act 1994 , section 28EA (5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator for a marine licence.","sortOrder":161},{"sectionNumber":"sec.128","sectionType":"section","heading":"Grant of marine licence on conditions","content":"### sec.128 Grant of marine licence on conditions\n\nThe administering agency may grant a marine licence on conditions the administering agency considers reasonable and relevant.\nUnder section 131 , the marine licence indicator for a marine licence must indicate all conditions imposed on the licence under this regulation.\nPart 16 of the Act provides for the review of a decision made by the administering agency under this section.\nIf the administering agency imposes a condition on a marine licence, the administering agency must give the holder of the licence written notice of the condition.\nIf the administering agency imposes a condition on a marine licence, the holder of the licence must not operate a ship in contravention of the condition.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.128-ssec.1) The administering agency may grant a marine licence on conditions the administering agency considers reasonable and relevant. Under section 131 , the marine licence indicator for a marine licence must indicate all conditions imposed on the licence under this regulation. Part 16 of the Act provides for the review of a decision made by the administering agency under this section.\n(sec.128-ssec.2) If the administering agency imposes a condition on a marine licence, the administering agency must give the holder of the licence written notice of the condition.\n(sec.128-ssec.3) If the administering agency imposes a condition on a marine licence, the holder of the licence must not operate a ship in contravention of the condition. Maximum penalty for subsection (3) —20 penalty units.\n- 1 Under section 131 , the marine licence indicator for a marine licence must indicate all conditions imposed on the licence under this regulation.\n- 2 Part 16 of the Act provides for the review of a decision made by the administering agency under this section.","sortOrder":162},{"sectionNumber":"sec.129","sectionType":"section","heading":"Term of marine licence and smartcard marine licence indicator","content":"### sec.129 Term of marine licence and smartcard marine licence indicator\n\nThe term of a marine licence is unlimited.\nThe term of a smartcard marine licence indicator for a marine licence is up to 10 years.\nThe day a smartcard marine licence indicator for a marine licence expires must be stated on the indicator.\n(sec.129-ssec.1) The term of a marine licence is unlimited.\n(sec.129-ssec.2) The term of a smartcard marine licence indicator for a marine licence is up to 10 years.\n(sec.129-ssec.3) The day a smartcard marine licence indicator for a marine licence expires must be stated on the indicator.","sortOrder":163},{"sectionNumber":"sec.130","sectionType":"section","heading":"Giving of marine licence indicator if application granted","content":"### sec.130 Giving of marine licence indicator if application granted\n\nIf the administering agency decides to grant an application for a marine licence or a marine licence indicator for a marine licence, the administering agency must, within 30 days after making the decision, give to the applicant a marine licence indicator for the licence.\nThe marine licence indicator for a marine licence may be in the form of—\na marine licence indicator receipt; or\na smartcard marine licence indicator given under the Act ; or\na Queensland driver licence with a marine licence indicator code on it.\nSubsection (2) does not limit the form of a marine licence indicator for a marine licence.\nIn this section—\nmarine licence indicator receipt , for chapter 6 , part 3 , means a receipt given to a person that has effect as a marine licence indicator until the person receives—\na smartcard marine licence indicator given under the Act ; or\na smartcard driver licence with a marine licence indicator code on it.\nQueensland driver licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nsmartcard driver licence see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 9 .\ns 130 amd 2021 SL No. 112 s 455\n(sec.130-ssec.1) If the administering agency decides to grant an application for a marine licence or a marine licence indicator for a marine licence, the administering agency must, within 30 days after making the decision, give to the applicant a marine licence indicator for the licence.\n(sec.130-ssec.2) The marine licence indicator for a marine licence may be in the form of— a marine licence indicator receipt; or a smartcard marine licence indicator given under the Act ; or a Queensland driver licence with a marine licence indicator code on it.\n(sec.130-ssec.3) Subsection (2) does not limit the form of a marine licence indicator for a marine licence.\n(sec.130-ssec.4) In this section— marine licence indicator receipt , for chapter 6 , part 3 , means a receipt given to a person that has effect as a marine licence indicator until the person receives— a smartcard marine licence indicator given under the Act ; or a smartcard driver licence with a marine licence indicator code on it. Queensland driver licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . smartcard driver licence see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 9 .\n- (a) a marine licence indicator receipt; or\n- (b) a smartcard marine licence indicator given under the Act ; or\n- (c) a Queensland driver licence with a marine licence indicator code on it.\n- (a) a smartcard marine licence indicator given under the Act ; or\n- (b) a smartcard driver licence with a marine licence indicator code on it.","sortOrder":164},{"sectionNumber":"sec.131","sectionType":"section","heading":"Codes on marine licence indicators","content":"### sec.131 Codes on marine licence indicators\n\nA marine licence indicator for a marine licence must indicate all conditions imposed on the licence under this regulation.\nWithout limiting subsection (1) , the conditions may be indicated by using a code—\nstated on the marine licence indicator; or\nif it is a smartcard marine licence indicator—stored on the marine licence indicator.\nThe following codes may be used on a marine licence indicator for a marine licence—\n‘S’ stored on a smartcard marine licence indicator to show that the holder of the marine licence may only operate a ship while wearing corrective lenses\n‘TEXT’ stored on a smartcard marine licence indicator to show that the marine licence is subject to a condition.\n(sec.131-ssec.1) A marine licence indicator for a marine licence must indicate all conditions imposed on the licence under this regulation.\n(sec.131-ssec.2) Without limiting subsection (1) , the conditions may be indicated by using a code— stated on the marine licence indicator; or if it is a smartcard marine licence indicator—stored on the marine licence indicator.\n(sec.131-ssec.3) The following codes may be used on a marine licence indicator for a marine licence— ‘S’ stored on a smartcard marine licence indicator to show that the holder of the marine licence may only operate a ship while wearing corrective lenses ‘TEXT’ stored on a smartcard marine licence indicator to show that the marine licence is subject to a condition.\n- (a) stated on the marine licence indicator; or\n- (b) if it is a smartcard marine licence indicator—stored on the marine licence indicator.\n- • ‘S’ stored on a smartcard marine licence indicator to show that the holder of the marine licence may only operate a ship while wearing corrective lenses\n- • ‘TEXT’ stored on a smartcard marine licence indicator to show that the marine licence is subject to a condition.","sortOrder":165},{"sectionNumber":"sec.132","sectionType":"section","heading":"Refusal of application for marine licence or marine licence indicator","content":"### sec.132 Refusal of application for marine licence or marine licence indicator\n\nIf the administering agency decides to refuse an application for a marine licence or a marine licence indicator for a marine licence, the administering agency must give the applicant written notice of the decision within 14 days after making the decision.\nWithout limiting subsection (1) , the administering agency may refuse an application for a marine licence if the administering agency is reasonably satisfied—\nthe applicant has contravened marine safety legislation; or\nthe applicant has had an authority, a marine licence or other authority under the Act cancelled or suspended; or\nthe applicant has been convicted of an indictable offence; or\nthe applicant has not paid fees payable under the Act .\nAlso, the administering agency may refuse an application for a marine licence or a marine licence indicator for a marine licence if the administering agency is not reasonably satisfied—\nwith the applicant’s identification for the licence or indicator; or\nfor a smartcard marine licence indicator for a marine licence—that the applicant is the holder of a marine licence.\nThe notice of the decision must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\n(sec.132-ssec.1) If the administering agency decides to refuse an application for a marine licence or a marine licence indicator for a marine licence, the administering agency must give the applicant written notice of the decision within 14 days after making the decision.\n(sec.132-ssec.2) Without limiting subsection (1) , the administering agency may refuse an application for a marine licence if the administering agency is reasonably satisfied— the applicant has contravened marine safety legislation; or the applicant has had an authority, a marine licence or other authority under the Act cancelled or suspended; or the applicant has been convicted of an indictable offence; or the applicant has not paid fees payable under the Act .\n(sec.132-ssec.3) Also, the administering agency may refuse an application for a marine licence or a marine licence indicator for a marine licence if the administering agency is not reasonably satisfied— with the applicant’s identification for the licence or indicator; or for a smartcard marine licence indicator for a marine licence—that the applicant is the holder of a marine licence.\n(sec.132-ssec.4) The notice of the decision must state— the reasons for the decision; and the prescribed review information for the decision.\n- (a) the applicant has contravened marine safety legislation; or\n- (b) the applicant has had an authority, a marine licence or other authority under the Act cancelled or suspended; or\n- (c) the applicant has been convicted of an indictable offence; or\n- (d) the applicant has not paid fees payable under the Act .\n- (a) with the applicant’s identification for the licence or indicator; or\n- (b) for a smartcard marine licence indicator for a marine licence—that the applicant is the holder of a marine licence.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.","sortOrder":166},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Renewal of smartcard marine licence indicator","content":"## Renewal of smartcard marine licence indicator","sortOrder":167},{"sectionNumber":"sec.133","sectionType":"section","heading":"Application for renewal","content":"### sec.133 Application for renewal\n\nThe holder of a marine licence may apply to the administering agency for the renewal of a smartcard marine licence indicator for the licence.\nThe application must be—\nmade in the approved form; and\nsupported by enough information to enable the administering agency to decide the application.\nA smartcard marine licence indicator for a marine licence given under the Act may be renewed for a term of up to 10 years.\n(sec.133-ssec.1) The holder of a marine licence may apply to the administering agency for the renewal of a smartcard marine licence indicator for the licence.\n(sec.133-ssec.2) The application must be— made in the approved form; and supported by enough information to enable the administering agency to decide the application.\n(sec.133-ssec.3) A smartcard marine licence indicator for a marine licence given under the Act may be renewed for a term of up to 10 years.\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the administering agency to decide the application.","sortOrder":168},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application for renewal by electronic communication","content":"### sec.134 Application for renewal by electronic communication\n\nA person who has a smartcard marine licence indicator for the person’s marine licence may apply by electronic communication for a new smartcard marine licence indicator if—\nthe person’s smartcard marine licence indicator is about to expire; and\nthere are at least 5 years before the end of the shelf life, or the end of the most recent extension of the shelf life under the Transport Planning and Coordination Act 1994 , section 28EB of the holder’s most recent digital photo and most recent digitised signature; and\nthe administering agency has given the holder written notice that the person may apply by electronic communication for a new smartcard marine licence indicator.\nThe application must be—\nmade in the approved form; and\nmade before the person’s smartcard marine licence indicator for the marine licence expires.\nIn this section—\nmost recent digital photo , of a person, see the Transport Planning and Coordination Act 1994 , section 28E .\nmost recent digitised signature , of a person, see the Transport Planning and Coordination Act 1994 , section 28E .\nshelf life , of a person’s digital photo or digitised signature, see the Transport Planning and Coordination Act 1994 , section 28E .\n(sec.134-ssec.1) A person who has a smartcard marine licence indicator for the person’s marine licence may apply by electronic communication for a new smartcard marine licence indicator if— the person’s smartcard marine licence indicator is about to expire; and there are at least 5 years before the end of the shelf life, or the end of the most recent extension of the shelf life under the Transport Planning and Coordination Act 1994 , section 28EB of the holder’s most recent digital photo and most recent digitised signature; and the administering agency has given the holder written notice that the person may apply by electronic communication for a new smartcard marine licence indicator.\n(sec.134-ssec.2) The application must be— made in the approved form; and made before the person’s smartcard marine licence indicator for the marine licence expires.\n(sec.134-ssec.3) In this section— most recent digital photo , of a person, see the Transport Planning and Coordination Act 1994 , section 28E . most recent digitised signature , of a person, see the Transport Planning and Coordination Act 1994 , section 28E . shelf life , of a person’s digital photo or digitised signature, see the Transport Planning and Coordination Act 1994 , section 28E .\n- (a) the person’s smartcard marine licence indicator is about to expire; and\n- (b) there are at least 5 years before the end of the shelf life, or the end of the most recent extension of the shelf life under the Transport Planning and Coordination Act 1994 , section 28EB of the holder’s most recent digital photo and most recent digitised signature; and\n- (c) the administering agency has given the holder written notice that the person may apply by electronic communication for a new smartcard marine licence indicator.\n- (a) made in the approved form; and\n- (b) made before the person’s smartcard marine licence indicator for the marine licence expires.","sortOrder":169},{"sectionNumber":"sec.135","sectionType":"section","heading":"Div 1 applies to application for renewal","content":"### sec.135 Div 1 applies to application for renewal\n\nDivision 1 applies to an application for renewal of a smartcard marine licence indicator for a marine licence in the same way it applies to an application for a marine licence indicator.\nHowever, the administering agency may also refuse an application for renewal of a smartcard marine licence indicator for a marine licence if the smartcard marine licence indicator was issued in error or because of a document or representation that—\nwas false or misleading; or\nwas obtained or made in another improper way.\n(sec.135-ssec.1) Division 1 applies to an application for renewal of a smartcard marine licence indicator for a marine licence in the same way it applies to an application for a marine licence indicator.\n(sec.135-ssec.2) However, the administering agency may also refuse an application for renewal of a smartcard marine licence indicator for a marine licence if the smartcard marine licence indicator was issued in error or because of a document or representation that— was false or misleading; or was obtained or made in another improper way.\n- (a) was false or misleading; or\n- (b) was obtained or made in another improper way.","sortOrder":170},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"Amendment of marine licence","content":"## Amendment of marine licence","sortOrder":171},{"sectionNumber":"sec.136","sectionType":"section","heading":"Amendment at holder’s request","content":"### sec.136 Amendment at holder’s request\n\nThe holder of a marine licence may apply to the administering agency for an amendment of the licence.\nThe application for an amendment must be—\nin writing; and\nsupported by enough information to enable the administering agency to decide the application; and\naccompanied by the marine licence indicator for the licence, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.\nSee the Transport Planning and Coordination Act 1994 , section 28EA (5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator for a marine licence.\nDivision 1 applies to an application for an amendment of a marine licence in the same way it applies to an application for a marine licence.\n(sec.136-ssec.1) The holder of a marine licence may apply to the administering agency for an amendment of the licence.\n(sec.136-ssec.2) The application for an amendment must be— in writing; and supported by enough information to enable the administering agency to decide the application; and accompanied by the marine licence indicator for the licence, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. See the Transport Planning and Coordination Act 1994 , section 28EA (5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator for a marine licence.\n(sec.136-ssec.3) Division 1 applies to an application for an amendment of a marine licence in the same way it applies to an application for a marine licence.\n- (a) in writing; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) accompanied by the marine licence indicator for the licence, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.","sortOrder":172},{"sectionNumber":"sec.137","sectionType":"section","heading":"Amendment on administering agency’s initiative","content":"### sec.137 Amendment on administering agency’s initiative\n\nThe administering agency may amend a marine licence at any time if—\nthe holder of the licence agrees to the amendment; or\nthe administering agency considers it necessary or desirable—\nbecause the holder has contravened the Act ; or\nbecause the licence was granted in error or because of a document or representation that—\nwas false or misleading; or\nwas obtained or made in another improper way; or\nto ensure marine safety.\nThe administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.\nIf the administering agency proposes to amend a marine licence for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section.\nThe notice must state the following—\nthe proposed amendment;\nthe grounds for the proposed amendment;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.\nIf, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the marine licence.\nIf the administering agency decides to amend the marine licence, the administering agency must give the holder of the licence written notice of the decision, which must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\nIf, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision.\n(sec.137-ssec.1) The administering agency may amend a marine licence at any time if— the holder of the licence agrees to the amendment; or the administering agency considers it necessary or desirable— because the holder has contravened the Act ; or because the licence was granted in error or because of a document or representation that— was false or misleading; or was obtained or made in another improper way; or to ensure marine safety. The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.\n(sec.137-ssec.2) If the administering agency proposes to amend a marine licence for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section.\n(sec.137-ssec.3) The notice must state the following— the proposed amendment; the grounds for the proposed amendment; an outline of the facts and circumstances forming the basis for the grounds; that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.\n(sec.137-ssec.4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the marine licence.\n(sec.137-ssec.5) If the administering agency decides to amend the marine licence, the administering agency must give the holder of the licence written notice of the decision, which must state— the reasons for the decision; and the prescribed review information for the decision.\n(sec.137-ssec.6) If, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision.\n- (a) the holder of the licence agrees to the amendment; or\n- (b) the administering agency considers it necessary or desirable— (i) because the holder has contravened the Act ; or (ii) because the licence was granted in error or because of a document or representation that— (A) was false or misleading; or (B) was obtained or made in another improper way; or (iii) to ensure marine safety. Example for subparagraph (iii) — The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.\n- (i) because the holder has contravened the Act ; or\n- (ii) because the licence was granted in error or because of a document or representation that— (A) was false or misleading; or (B) was obtained or made in another improper way; or\n- (A) was false or misleading; or\n- (B) was obtained or made in another improper way; or\n- (iii) to ensure marine safety. Example for subparagraph (iii) — The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.\n- (i) because the holder has contravened the Act ; or\n- (ii) because the licence was granted in error or because of a document or representation that— (A) was false or misleading; or (B) was obtained or made in another improper way; or\n- (A) was false or misleading; or\n- (B) was obtained or made in another improper way; or\n- (iii) to ensure marine safety. Example for subparagraph (iii) — The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.\n- (A) was false or misleading; or\n- (B) was obtained or made in another improper way; or\n- (a) the proposed amendment;\n- (b) the grounds for the proposed amendment;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.","sortOrder":173},{"sectionNumber":"sec.138","sectionType":"section","heading":"When amendment takes effect","content":"### sec.138 When amendment takes effect\n\nIf the administering agency amends a marine licence, the amendment takes effect from—\nthe day the licence is amended; or\nif the administering agency stated a later day when granting or deciding the amendment, the later day.\n- (a) the day the licence is amended; or\n- (b) if the administering agency stated a later day when granting or deciding the amendment, the later day.","sortOrder":174},{"sectionNumber":"sec.139","sectionType":"section","heading":"Marine licence indicator to be updated or replaced after amendment or correction","content":"### sec.139 Marine licence indicator to be updated or replaced after amendment or correction\n\nThe administering agency may, by written notice, ask the holder of a marine licence to return the marine licence indicator for the licence to the administering agency within a stated time, of at least 30 days, to allow the administering agency to update or replace the indicator—\nto reflect an amendment made to the licence; or\nto correct information on the indicator, if the administering agency reasonably believes the error was caused by the administering agency.\nThe holder must comply with the notice, unless the holder has a reasonable excuse.\nThe marine licence indicator has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.\nMaximum penalty—20 penalty units.\nAfter receiving the marine licence indicator for a marine licence, the administering agency must—\nupdate the marine licence indicator and return it to the holder; or\ngive the holder a replacement marine licence indicator for the licence.\nIf the marine licence indicator for a marine licence required updating or replacement for the reason mentioned in subsection (1) (a) , the updated or replacement marine licence indicator must reflect the amendment made to the licence.\nIf the marine licence indicator for a marine licence required updating or replacement for the reason mentioned in subsection (1) (b) , the updated or replacement marine licence indicator must state the correct information.\nThe amendment of a marine licence by the administering agency does not depend on the marine licence indicator for the licence being updated or replaced under this section.\n(sec.139-ssec.1) The administering agency may, by written notice, ask the holder of a marine licence to return the marine licence indicator for the licence to the administering agency within a stated time, of at least 30 days, to allow the administering agency to update or replace the indicator— to reflect an amendment made to the licence; or to correct information on the indicator, if the administering agency reasonably believes the error was caused by the administering agency.\n(sec.139-ssec.2) The holder must comply with the notice, unless the holder has a reasonable excuse. The marine licence indicator has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units.\n(sec.139-ssec.3) After receiving the marine licence indicator for a marine licence, the administering agency must— update the marine licence indicator and return it to the holder; or give the holder a replacement marine licence indicator for the licence.\n(sec.139-ssec.4) If the marine licence indicator for a marine licence required updating or replacement for the reason mentioned in subsection (1) (a) , the updated or replacement marine licence indicator must reflect the amendment made to the licence.\n(sec.139-ssec.5) If the marine licence indicator for a marine licence required updating or replacement for the reason mentioned in subsection (1) (b) , the updated or replacement marine licence indicator must state the correct information.\n(sec.139-ssec.6) The amendment of a marine licence by the administering agency does not depend on the marine licence indicator for the licence being updated or replaced under this section.\n- (a) to reflect an amendment made to the licence; or\n- (b) to correct information on the indicator, if the administering agency reasonably believes the error was caused by the administering agency.\n- (a) update the marine licence indicator and return it to the holder; or\n- (b) give the holder a replacement marine licence indicator for the licence.","sortOrder":175},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":"Suspension or cancellation of marine licence and action after marine incident","content":"## Suspension or cancellation of marine licence and action after marine incident","sortOrder":176},{"sectionNumber":"sec.140","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.140 Grounds for suspension or cancellation\n\nThe administering agency may suspend or cancel a marine licence on any of the following grounds—\nthe holder has contravened marine safety legislation;\nthe licence was granted in error or because of a document or representation that—\nwas false or misleading; or\nwas obtained or made in another improper way;\nthe holder has contravened a condition of the marine licence;\nthe holder has been convicted of—\nan indictable offence; or\nan offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;\nthe holder has not paid fees payable under the Act ;\nthe administering agency is no longer reasonably satisfied with the holder’s identification for the licence.\n- (a) the holder has contravened marine safety legislation;\n- (b) the licence was granted in error or because of a document or representation that— (i) was false or misleading; or (ii) was obtained or made in another improper way;\n- (i) was false or misleading; or\n- (ii) was obtained or made in another improper way;\n- (c) the holder has contravened a condition of the marine licence;\n- (d) the holder has been convicted of— (i) an indictable offence; or (ii) an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;\n- (i) an indictable offence; or\n- (ii) an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;\n- (e) the holder has not paid fees payable under the Act ;\n- (f) the administering agency is no longer reasonably satisfied with the holder’s identification for the licence.\n- (i) was false or misleading; or\n- (ii) was obtained or made in another improper way;\n- (i) an indictable offence; or\n- (ii) an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 ;","sortOrder":177},{"sectionNumber":"sec.141","sectionType":"section","heading":"Procedure for suspension or cancellation","content":"### sec.141 Procedure for suspension or cancellation\n\nIf the administering agency considers a ground exists to suspend or cancel a marine licence (the proposed action ), the administering agency may give the holder of the licence a written notice stating the following—\nthe proposed action;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is to suspend the licence—the proposed suspension term;\nthat the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may—\nif the proposed action was to suspend the marine licence for a stated term—suspend the licence for not longer than the proposed suspension term; or\nif the proposed action was to cancel the marine licence—cancel the licence or suspend it for a term.\nThe administering agency must give the holder written notice of the decision within 14 days after the administering agency makes the decision.\nIf the administering agency decides to suspend or cancel the marine licence, the notice must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\nThe decision takes effect on the later of the following—\nthe day when the notice is given to the holder;\nthe day of effect stated in the notice.\nHowever, if the marine licence is suspended or cancelled because of the conviction of a person for an offence—\nthe suspension or cancellation does not take effect until—\nthe end of the time to appeal against the conviction; and\nif an appeal is made against the conviction—the appeal is finally decided; and\nthe suspension or cancellation has no effect if the conviction is quashed on appeal.\n(sec.141-ssec.1) If the administering agency considers a ground exists to suspend or cancel a marine licence (the proposed action ), the administering agency may give the holder of the licence a written notice stating the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is to suspend the licence—the proposed suspension term; that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.\n(sec.141-ssec.2) If, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may— if the proposed action was to suspend the marine licence for a stated term—suspend the licence for not longer than the proposed suspension term; or if the proposed action was to cancel the marine licence—cancel the licence or suspend it for a term.\n(sec.141-ssec.3) The administering agency must give the holder written notice of the decision within 14 days after the administering agency makes the decision.\n(sec.141-ssec.4) If the administering agency decides to suspend or cancel the marine licence, the notice must state— the reasons for the decision; and the prescribed review information for the decision.\n(sec.141-ssec.5) The decision takes effect on the later of the following— the day when the notice is given to the holder; the day of effect stated in the notice.\n(sec.141-ssec.6) However, if the marine licence is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is to suspend the licence—the proposed suspension term;\n- (e) that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the marine licence for a stated term—suspend the licence for not longer than the proposed suspension term; or\n- (b) if the proposed action was to cancel the marine licence—cancel the licence or suspend it for a term.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.\n- (a) the day when the notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (b) the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and","sortOrder":178},{"sectionNumber":"sec.142","sectionType":"section","heading":"Action by general manager after marine incident","content":"### sec.142 Action by general manager after marine incident\n\nThis section applies to a person involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act .\nThe general manager may, by signed notice given to the person, suspend or amend the person’s marine licence.\nThe notice must state each of the following—\nthe grounds for suspension or amendment;\nan outline of the facts and circumstances forming the basis of the general manager’s decision;\nif the marine licence is suspended—the suspension term, which must be reasonable in the circumstances but not longer than 6 months;\nif the marine licence is amended—the way the licence is amended and for how long the amendment is to be in effect;\nthe prescribed review information for a decision.\nThe suspension or amendment takes effect on the later of the following—\nthe day when the notice is given to the holder;\nthe day of effect stated in the notice.\nThis section does not limit sections 140 and 141 .\n(sec.142-ssec.1) This section applies to a person involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act .\n(sec.142-ssec.2) The general manager may, by signed notice given to the person, suspend or amend the person’s marine licence.\n(sec.142-ssec.3) The notice must state each of the following— the grounds for suspension or amendment; an outline of the facts and circumstances forming the basis of the general manager’s decision; if the marine licence is suspended—the suspension term, which must be reasonable in the circumstances but not longer than 6 months; if the marine licence is amended—the way the licence is amended and for how long the amendment is to be in effect; the prescribed review information for a decision.\n(sec.142-ssec.4) The suspension or amendment takes effect on the later of the following— the day when the notice is given to the holder; the day of effect stated in the notice.\n(sec.142-ssec.5) This section does not limit sections 140 and 141 .\n- (a) the grounds for suspension or amendment;\n- (b) an outline of the facts and circumstances forming the basis of the general manager’s decision;\n- (c) if the marine licence is suspended—the suspension term, which must be reasonable in the circumstances but not longer than 6 months;\n- (d) if the marine licence is amended—the way the licence is amended and for how long the amendment is to be in effect;\n- (e) the prescribed review information for a decision.\n- (a) the day when the notice is given to the holder;\n- (b) the day of effect stated in the notice.","sortOrder":179},{"sectionNumber":"sec.143","sectionType":"section","heading":"Extension or ending of suspension or amendment after marine incident","content":"### sec.143 Extension or ending of suspension or amendment after marine incident\n\nThis section applies if—\nunder section 142 (2) , the general manager suspends or amends a marine licence after a marine incident; and\nwhile the suspension or amendment is still in effect, the general manager receives a shipping inspector’s report about the marine incident; and\nthe suspension term or the period for which the amendment is to be in effect under section 142 does not end within 14 days after the general manager receives the report.\nIf the general manager gives a notice under section 141 (1) to the holder of the marine licence within 14 days after receiving the inspector’s report, the suspension or amendment of the licence continues until the general manager gives the holder written notice under section 141 (3) .\nIf the general manager does not give a notice under section 141 (1) to the holder of the marine licence within 14 days after receiving the inspector’s report—\nthe suspension or amendment of the licence under section 142 ends at the end of the 14 days; and\nthe general manager must notify the holder of the licence that the effect of the suspension or amendment has ended.\n(sec.143-ssec.1) This section applies if— under section 142 (2) , the general manager suspends or amends a marine licence after a marine incident; and while the suspension or amendment is still in effect, the general manager receives a shipping inspector’s report about the marine incident; and the suspension term or the period for which the amendment is to be in effect under section 142 does not end within 14 days after the general manager receives the report.\n(sec.143-ssec.2) If the general manager gives a notice under section 141 (1) to the holder of the marine licence within 14 days after receiving the inspector’s report, the suspension or amendment of the licence continues until the general manager gives the holder written notice under section 141 (3) .\n(sec.143-ssec.3) If the general manager does not give a notice under section 141 (1) to the holder of the marine licence within 14 days after receiving the inspector’s report— the suspension or amendment of the licence under section 142 ends at the end of the 14 days; and the general manager must notify the holder of the licence that the effect of the suspension or amendment has ended.\n- (a) under section 142 (2) , the general manager suspends or amends a marine licence after a marine incident; and\n- (b) while the suspension or amendment is still in effect, the general manager receives a shipping inspector’s report about the marine incident; and\n- (c) the suspension term or the period for which the amendment is to be in effect under section 142 does not end within 14 days after the general manager receives the report.\n- (a) the suspension or amendment of the licence under section 142 ends at the end of the 14 days; and\n- (b) the general manager must notify the holder of the licence that the effect of the suspension or amendment has ended.","sortOrder":180},{"sectionNumber":"sec.144","sectionType":"section","heading":"Smartcard marine licence indicator to be returned after cancellation of marine licence","content":"### sec.144 Smartcard marine licence indicator to be returned after cancellation of marine licence\n\nA person whose marine licence is cancelled by the administering agency and who has a smartcard marine licence indicator for the licence must return the smartcard marine licence indicator to the administering agency within 7 days after the cancellation takes effect, unless the person has a reasonable excuse.\nThe smartcard marine licence indicator has been, or the person reasonably suspects it has been, destroyed, lost or stolen.\nMaximum penalty—20 penalty units.\nA person whose marine licence is suspended by the administering agency and who has a smartcard marine licence indicator for the licence is not required to return the smartcard marine licence indicator to the administering agency.\n(sec.144-ssec.1) A person whose marine licence is cancelled by the administering agency and who has a smartcard marine licence indicator for the licence must return the smartcard marine licence indicator to the administering agency within 7 days after the cancellation takes effect, unless the person has a reasonable excuse. The smartcard marine licence indicator has been, or the person reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units.\n(sec.144-ssec.2) A person whose marine licence is suspended by the administering agency and who has a smartcard marine licence indicator for the licence is not required to return the smartcard marine licence indicator to the administering agency.","sortOrder":181},{"sectionNumber":"ch.6-pt.3-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":182},{"sectionNumber":"sec.145","sectionType":"section","heading":"Holder to notify change of name or address","content":"### sec.145 Holder to notify change of name or address\n\nIf the holder of a marine licence changes any of the following, the holder must, within 14 days after the change, give the administering agency written notice of the change, unless the holder has a reasonable excuse—\nthe holder’s name or address;\nif there is a current postal address for the holder—the postal address.\nMaximum penalty—10 penalty units.\nIf the administering agency is reasonably satisfied the information given by the holder is correct, the administering agency must give the holder—\nfor a change of name—a replacement marine licence indicator for the marine licence with the holder’s new name; or\nfor a change of address—a change of address label.\nOn receipt of a change of address label, the holder must promptly attach the label to the back of the smartcard marine licence indicator for the marine licence, in the space provided for change of address labels.\nMaximum penalty—20 penalty units.\n(sec.145-ssec.1) If the holder of a marine licence changes any of the following, the holder must, within 14 days after the change, give the administering agency written notice of the change, unless the holder has a reasonable excuse— the holder’s name or address; if there is a current postal address for the holder—the postal address. Maximum penalty—10 penalty units.\n(sec.145-ssec.2) If the administering agency is reasonably satisfied the information given by the holder is correct, the administering agency must give the holder— for a change of name—a replacement marine licence indicator for the marine licence with the holder’s new name; or for a change of address—a change of address label.\n(sec.145-ssec.3) On receipt of a change of address label, the holder must promptly attach the label to the back of the smartcard marine licence indicator for the marine licence, in the space provided for change of address labels. Maximum penalty—20 penalty units.\n- (a) the holder’s name or address;\n- (b) if there is a current postal address for the holder—the postal address.\n- (a) for a change of name—a replacement marine licence indicator for the marine licence with the holder’s new name; or\n- (b) for a change of address—a change of address label.","sortOrder":183},{"sectionNumber":"sec.146","sectionType":"section","heading":"Replacement label","content":"### sec.146 Replacement label\n\nThis section applies if the holder of a marine licence becomes aware, or reasonably suspects, that a change of address label, that has not been attached to a smartcard marine licence indicator for the licence, has been damaged, lost or stolen.\nThe holder must promptly apply to the administering agency for a replacement label.\nMaximum penalty—20 penalty units.\nIf the administering agency is reasonably satisfied the change of address label has been damaged, lost or stolen, the administering agency must issue a replacement label to the holder.\nOn receipt of a replacement label, the holder must promptly attach the label to the back of the smartcard marine licence indicator for the marine licence, in the space provided for change of details labels.\nMaximum penalty—20 penalty units.\nIn this section—\ndamaged includes destroyed, defaced, mutilated or made illegible.\n(sec.146-ssec.1) This section applies if the holder of a marine licence becomes aware, or reasonably suspects, that a change of address label, that has not been attached to a smartcard marine licence indicator for the licence, has been damaged, lost or stolen.\n(sec.146-ssec.2) The holder must promptly apply to the administering agency for a replacement label. Maximum penalty—20 penalty units.\n(sec.146-ssec.3) If the administering agency is reasonably satisfied the change of address label has been damaged, lost or stolen, the administering agency must issue a replacement label to the holder.\n(sec.146-ssec.4) On receipt of a replacement label, the holder must promptly attach the label to the back of the smartcard marine licence indicator for the marine licence, in the space provided for change of details labels. Maximum penalty—20 penalty units.\n(sec.146-ssec.5) In this section— damaged includes destroyed, defaced, mutilated or made illegible.","sortOrder":184},{"sectionNumber":"sec.147","sectionType":"section","heading":"Keeping marine licence indicator","content":"### sec.147 Keeping marine licence indicator\n\nThe holder of a marine licence must keep the marine licence indicator for the licence until the holder no longer holds the licence.\nMaximum penalty—20 penalty units.","sortOrder":185},{"sectionNumber":"sec.148","sectionType":"section","heading":"Damaging or changing marine licence indicator","content":"### sec.148 Damaging or changing marine licence indicator\n\nThe holder of a marine licence must not wilfully damage or otherwise change the marine licence indicator for the licence.\nMaximum penalty—20 penalty units.","sortOrder":186},{"sectionNumber":"sec.149","sectionType":"section","heading":"Administering agency may direct destruction of superseded marine licence indicator","content":"### sec.149 Administering agency may direct destruction of superseded marine licence indicator\n\nThe administering agency may direct a person to destroy a superseded marine licence indicator.\nThe person must comply with the direction.\nMaximum penalty for subsection (2) —20 penalty units.\n(sec.149-ssec.1) The administering agency may direct a person to destroy a superseded marine licence indicator.\n(sec.149-ssec.2) The person must comply with the direction. Maximum penalty for subsection (2) —20 penalty units.","sortOrder":187},{"sectionNumber":"sec.150","sectionType":"section","heading":"Replacement of marine licence indicator","content":"### sec.150 Replacement of marine licence indicator\n\nIf the holder of a marine licence becomes aware, or reasonably suspects, the holder’s marine licence indicator for the licence has been damaged, lost or stolen, the holder may apply to the administering agency for a replacement marine licence indicator.\nAn application under this section must be—\nmade in the approved form; and\nsupported by enough information to enable the administering agency to decide the application; and\naccompanied by the marine licence indicator for the marine licence, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.\nSubsection (2) does not apply to an application for the replacement of a smartcard marine licence indicator for a marine licence if the administering agency is reasonably satisfied the smartcard marine licence indicator was not received by the holder because it has been lost or stolen.\nSee the Transport Planning and Coordination Act 1994 , section 28EA (5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator for a marine licence.\nThe administering agency must give the holder a replacement marine licence indicator for the marine licence if the administering agency is reasonably satisfied the marine licence indicator has been damaged, lost or stolen.\n(sec.150-ssec.1) If the holder of a marine licence becomes aware, or reasonably suspects, the holder’s marine licence indicator for the licence has been damaged, lost or stolen, the holder may apply to the administering agency for a replacement marine licence indicator.\n(sec.150-ssec.2) An application under this section must be— made in the approved form; and supported by enough information to enable the administering agency to decide the application; and accompanied by the marine licence indicator for the marine licence, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.\n(sec.150-ssec.3) Subsection (2) does not apply to an application for the replacement of a smartcard marine licence indicator for a marine licence if the administering agency is reasonably satisfied the smartcard marine licence indicator was not received by the holder because it has been lost or stolen. See the Transport Planning and Coordination Act 1994 , section 28EA (5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator for a marine licence.\n(sec.150-ssec.4) The administering agency must give the holder a replacement marine licence indicator for the marine licence if the administering agency is reasonably satisfied the marine licence indicator has been damaged, lost or stolen.\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) accompanied by the marine licence indicator for the marine licence, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.","sortOrder":188},{"sectionNumber":"sec.151","sectionType":"section","heading":"Surrender of marine licence","content":"### sec.151 Surrender of marine licence\n\nThe holder of a marine licence may surrender it by written notice given to the administering agency.\nIf a smartcard marine licence indicator has been given to the person for the marine licence, the notice must be accompanied by the smartcard marine licence indicator, unless the holder has a reasonable excuse.\nThe surrender of the marine licence takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\n(sec.151-ssec.1) The holder of a marine licence may surrender it by written notice given to the administering agency.\n(sec.151-ssec.2) If a smartcard marine licence indicator has been given to the person for the marine licence, the notice must be accompanied by the smartcard marine licence indicator, unless the holder has a reasonable excuse.\n(sec.151-ssec.3) The surrender of the marine licence takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":189},{"sectionNumber":"sec.152","sectionType":"section","heading":"Only 1 marine licence of the same type to be held at the same time","content":"### sec.152 Only 1 marine licence of the same type to be held at the same time\n\nA person must not hold, at the same time—\nmore than 1 recreational marine driver licence; or\nmore than 1 personal watercraft licence.\nMaximum penalty—40 penalty units.\n- (a) more than 1 recreational marine driver licence; or\n- (b) more than 1 personal watercraft licence.","sortOrder":190},{"sectionNumber":"sec.153","sectionType":"section","heading":"Notifiable events under other Acts","content":"### sec.153 Notifiable events under other Acts\n\nThis section applies if the holder of a marine licence—\nhas an obligation under the Act to notify the administering agency of a notifiable event; and\nhas an obligation under a prescribed smartcard Act to notify the chief executive of the same notifiable event; and\ncomplies with the obligation under the prescribed smartcard Act.\nThe obligation under the Act to notify the administering agency of a notifiable event is taken to have been reasonably satisfied if any time allowed to make the notification under the Act has not expired.\nIn this section—\nnotifiable event , for the holder of a marine licence, means any of the following—\na change of the holder’s name;\na change of the holder’s address;\nif there is a current postal address for the holder—a change of the postal address.\nprescribed smartcard Act means any of the following Acts—\nthe Photo Identification Card Act 2008 ;\nthe Tow Truck Act 2023 ;\nthe Transport Operations (Passenger Transport) Act 1994 ;\nthe Transport Operations (Road Use Management) Act 1995 .\ns 153 amd 2017 Act No. 25 s 120 ; 2024 SL No. 134 s 135\n(sec.153-ssec.1) This section applies if the holder of a marine licence— has an obligation under the Act to notify the administering agency of a notifiable event; and has an obligation under a prescribed smartcard Act to notify the chief executive of the same notifiable event; and complies with the obligation under the prescribed smartcard Act.\n(sec.153-ssec.2) The obligation under the Act to notify the administering agency of a notifiable event is taken to have been reasonably satisfied if any time allowed to make the notification under the Act has not expired.\n(sec.153-ssec.3) In this section— notifiable event , for the holder of a marine licence, means any of the following— a change of the holder’s name; a change of the holder’s address; if there is a current postal address for the holder—a change of the postal address. prescribed smartcard Act means any of the following Acts— the Photo Identification Card Act 2008 ; the Tow Truck Act 2023 ; the Transport Operations (Passenger Transport) Act 1994 ; the Transport Operations (Road Use Management) Act 1995 .\n- (a) has an obligation under the Act to notify the administering agency of a notifiable event; and\n- (b) has an obligation under a prescribed smartcard Act to notify the chief executive of the same notifiable event; and\n- (c) complies with the obligation under the prescribed smartcard Act.\n- (a) a change of the holder’s name;\n- (b) a change of the holder’s address;\n- (c) if there is a current postal address for the holder—a change of the postal address.\n- (a) the Photo Identification Card Act 2008 ;\n- (b) the Tow Truck Act 2023 ;\n- (c) the Transport Operations (Passenger Transport) Act 1994 ;\n- (d) the Transport Operations (Road Use Management) Act 1995 .","sortOrder":191},{"sectionNumber":"sec.154","sectionType":"section","heading":"Possessing another person’s smartcard marine licence indicator","content":"### sec.154 Possessing another person’s smartcard marine licence indicator\n\nA person must not possess another person’s smartcard marine licence indicator for a marine licence unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person must not give the person’s smartcard marine licence indicator for a marine licence to another person if the person knows, or ought reasonably to know, the other person intends to use the smartcard marine licence indicator to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\n(sec.154-ssec.1) A person must not possess another person’s smartcard marine licence indicator for a marine licence unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.154-ssec.2) A person must not give the person’s smartcard marine licence indicator for a marine licence to another person if the person knows, or ought reasonably to know, the other person intends to use the smartcard marine licence indicator to deceive someone. Maximum penalty—40 penalty units.\n(sec.154-ssec.3) For subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":192},{"sectionNumber":"sec.155","sectionType":"section","heading":"Document purporting to be smartcard marine licence indicator","content":"### sec.155 Document purporting to be smartcard marine licence indicator\n\nA person must not possess a document that resembles a smartcard marine licence indicator for a marine licence and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nA person must not give another person a document that resembles a smartcard marine licence indicator for a marine licence and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\n(sec.155-ssec.1) A person must not possess a document that resembles a smartcard marine licence indicator for a marine licence and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.155-ssec.2) A person must not give another person a document that resembles a smartcard marine licence indicator for a marine licence and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.155-ssec.3) For subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":193},{"sectionNumber":"ch.6-pt.3A","sectionType":"part","heading":null,"content":"","sortOrder":194},{"sectionNumber":"sec.155A","sectionType":"section","heading":null,"content":"### Section sec.155A\n\ns 155A ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":195},{"sectionNumber":"sec.155B","sectionType":"section","heading":null,"content":"### Section sec.155B\n\ns 155B ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":196},{"sectionNumber":"sec.155C","sectionType":"section","heading":null,"content":"### Section sec.155C\n\ns 155C ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":197},{"sectionNumber":"sec.155D","sectionType":"section","heading":null,"content":"### Section sec.155D\n\ns 155D ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":198},{"sectionNumber":"sec.155E","sectionType":"section","heading":null,"content":"### Section sec.155E\n\ns 155E ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":199},{"sectionNumber":"sec.155F","sectionType":"section","heading":null,"content":"### Section sec.155F\n\ns 155F ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":200},{"sectionNumber":"sec.155G","sectionType":"section","heading":null,"content":"### Section sec.155G\n\ns 155G ins 2020 SL No. 92 s 9\nexp 30 April 2023 at the end of the day, 6 months after the day the COVID-19 emergency ends (see s 155G)","sortOrder":201},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":202},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Particular provisions about restricted licences and licence disqualifications","content":"## Particular provisions about restricted licences and licence disqualifications","sortOrder":203},{"sectionNumber":"sec.156","sectionType":"section","heading":"Application for variation of restrictions— Act , s 202K","content":"### sec.156 Application for variation of restrictions— Act , s 202K\n\nFor section 202K (4) of the Act , the written notice must be given to the chief executive—\nin the approved form; and\nat the address stated in the approved form as the address for giving the notice.\n- (a) in the approved form; and\n- (b) at the address stated in the approved form as the address for giving the notice.","sortOrder":204},{"sectionNumber":"sec.157","sectionType":"section","heading":"Notice about application for removal of disqualification— Act , s 202L","content":"### sec.157 Notice about application for removal of disqualification— Act , s 202L\n\nFor section 202L (4) of the Act , the written notice must be given to the chief executive—\nin the approved form; and\nat the address stated in the approved form as the address for giving the notice.\n- (a) in the approved form; and\n- (b) at the address stated in the approved form as the address for giving the notice.","sortOrder":205},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Transfer of Queensland regulated ship’s registration","content":"## Transfer of Queensland regulated ship’s registration","sortOrder":206},{"sectionNumber":"sec.158","sectionType":"section","heading":"Transfer of Queensland regulated ship’s registration","content":"### sec.158 Transfer of Queensland regulated ship’s registration\n\nThe administering agency may transfer the registration of a Queensland regulated ship.\nA person (the new owner ) who buys or otherwise acquires a registered Queensland regulated ship from another person must, within 14 days after acquiring the ship, apply to the administering agency for the transfer of the ship’s registration.\nMaximum penalty—20 penalty units.\nA Queensland regulated ship’s registered owner may apply for the transfer of the ship’s registration to the new owner if—\nthe ship has been sold or otherwise disposed of to the new owner; and\nthe ship’s registered owner reasonably believes the new owner has not applied for transfer of the ship’s registration within 14 days after acquiring the ship.\nThe new owner must pay the fee for the transfer of the registration of the ship either—\nwhen applying for the transfer of registration under subsection (2) ; or\nif the transfer has been applied for by the registered owner under subsection (3) —when the new owner pays the first registration fee after purchasing or acquiring the ship.\nUntil the administering agency transfers the registration of a ship, the ship’s registered owner is taken to be, for this regulation, an owner of the Queensland regulated ship.\nThe administering agency may amend the conditions of registration, or impose new conditions, at the time of the transfer of the registration if the agency considers it is necessary to ensure marine safety.\n(sec.158-ssec.1) The administering agency may transfer the registration of a Queensland regulated ship.\n(sec.158-ssec.2) A person (the new owner ) who buys or otherwise acquires a registered Queensland regulated ship from another person must, within 14 days after acquiring the ship, apply to the administering agency for the transfer of the ship’s registration. Maximum penalty—20 penalty units.\n(sec.158-ssec.3) A Queensland regulated ship’s registered owner may apply for the transfer of the ship’s registration to the new owner if— the ship has been sold or otherwise disposed of to the new owner; and the ship’s registered owner reasonably believes the new owner has not applied for transfer of the ship’s registration within 14 days after acquiring the ship.\n(sec.158-ssec.4) The new owner must pay the fee for the transfer of the registration of the ship either— when applying for the transfer of registration under subsection (2) ; or if the transfer has been applied for by the registered owner under subsection (3) —when the new owner pays the first registration fee after purchasing or acquiring the ship.\n(sec.158-ssec.5) Until the administering agency transfers the registration of a ship, the ship’s registered owner is taken to be, for this regulation, an owner of the Queensland regulated ship.\n(sec.158-ssec.6) The administering agency may amend the conditions of registration, or impose new conditions, at the time of the transfer of the registration if the agency considers it is necessary to ensure marine safety.\n- (a) the ship has been sold or otherwise disposed of to the new owner; and\n- (b) the ship’s registered owner reasonably believes the new owner has not applied for transfer of the ship’s registration within 14 days after acquiring the ship.\n- (a) when applying for the transfer of registration under subsection (2) ; or\n- (b) if the transfer has been applied for by the registered owner under subsection (3) —when the new owner pays the first registration fee after purchasing or acquiring the ship.","sortOrder":207},{"sectionNumber":"sec.159","sectionType":"section","heading":"Particular provisions of part 2 apply to transfer of Queensland regulated ship’s registration","content":"### sec.159 Particular provisions of part 2 apply to transfer of Queensland regulated ship’s registration\n\nSections 101 to 103 , 107 and 108 apply, with all necessary changes, to an application for the transfer of a Queensland regulated ship’s registration.\nIf an application for the transfer is made by the current owner, references in section 108 to the applicant are taken to be references to the new owner.\nIf the administering agency decides to transfer the ship’s registration, the administering agency must, within 14 days after making the decision—\nrecord the name and address of the new owner of the ship in the register; and\nissue an amended registration certificate for the ship in the new owner’s name.\nIf the ship’s registration is subject to conditions imposed by the administering agency under section 31 or 105 , the conditions continue to apply after the registration is transferred.\ns 159 amd 2019 SL No. 51 s 10\n(sec.159-ssec.1) Sections 101 to 103 , 107 and 108 apply, with all necessary changes, to an application for the transfer of a Queensland regulated ship’s registration. If an application for the transfer is made by the current owner, references in section 108 to the applicant are taken to be references to the new owner.\n(sec.159-ssec.2) If the administering agency decides to transfer the ship’s registration, the administering agency must, within 14 days after making the decision— record the name and address of the new owner of the ship in the register; and issue an amended registration certificate for the ship in the new owner’s name.\n(sec.159-ssec.3) If the ship’s registration is subject to conditions imposed by the administering agency under section 31 or 105 , the conditions continue to apply after the registration is transferred.\n- (a) record the name and address of the new owner of the ship in the register; and\n- (b) issue an amended registration certificate for the ship in the new owner’s name.","sortOrder":208},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Issuing particular documents evidencing registration electronically","content":"## Issuing particular documents evidencing registration electronically","sortOrder":209},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Document evidencing registration of Queensland regulated ship","content":"### sec.159A Document evidencing registration of Queensland regulated ship\n\nThis section applies if the administering agency is required to issue to a person a document, including an amended document, evidencing the registration of a Queensland regulated ship.\nThe administering agency may issue the document by making it available for the person to access electronically.\ns 159A ins 2019 SL No. 51 s 11\n(sec.159A-ssec.1) This section applies if the administering agency is required to issue to a person a document, including an amended document, evidencing the registration of a Queensland regulated ship.\n(sec.159A-ssec.2) The administering agency may issue the document by making it available for the person to access electronically.","sortOrder":210},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Pilotage areas and compulsory pilotage areas","content":"# Pilotage areas and compulsory pilotage areas","sortOrder":211},{"sectionNumber":"sec.160","sectionType":"section","heading":"Declaration of pilotage areas and compulsory pilotage areas— Act , s 71 (a)","content":"### sec.160 Declaration of pilotage areas and compulsory pilotage areas— Act , s 71 (a)\n\nSchedule 2 states the areas of Queensland waters that are pilotage areas.\nSchedule 3 states the pilotage areas, or parts of pilotage areas, that are compulsory pilotage areas.\n(sec.160-ssec.1) Schedule 2 states the areas of Queensland waters that are pilotage areas.\n(sec.160-ssec.2) Schedule 3 states the pilotage areas, or parts of pilotage areas, that are compulsory pilotage areas.","sortOrder":212},{"sectionNumber":"sec.161","sectionType":"section","heading":"Responsible pilotage entities for compulsory pilotage areas— Act , s 71A","content":"### sec.161 Responsible pilotage entities for compulsory pilotage areas— Act , s 71A\n\nThe responsible pilotage entity for a compulsory pilotage area is the entity stated in schedule 4 , column 2 opposite the area.","sortOrder":213},{"sectionNumber":"sec.162","sectionType":"section","heading":"Harbour masters for pilotage area","content":"### sec.162 Harbour masters for pilotage area\n\nIn this regulation, a reference to a harbour master for a pilotage area is a reference to a harbour master who may perform functions and exercise powers in the pilotage area.","sortOrder":214},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Pilots","content":"# Pilots","sortOrder":215},{"sectionNumber":"sec.163","sectionType":"section","heading":"Application of pt 8 of the Act — Act , s 98","content":"### sec.163 Application of pt 8 of the Act — Act , s 98\n\nThe following ships are ships to which part 8 of the Act applies—\na ship that is 50m or more;\na small ship (the relevant ship ) if—\nit is combined with another small ship for propelling 1 of the ships; and\nthe combined length of the ships is 50m or more; and\nthe master of the relevant ship has command of the combined ships;\na ship whose owner or master asks for the services of a pilot;\na ship whose master is directed by a harbour master to use the services of a pilot.\nHowever, part 8 of the Act does not apply to a ship mentioned in subsection (1) (a) or (b) if—\nthe ship is being operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship for the area and who is personally operating the ship; or\nthe ship—\nis a dredge operating only in a pilotage area; and\nis under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and\nis being operated by a person—\nwho holds a relevant authority; and\nwho the general manager considers is competent to operate the ship in the area.\nIn this section—\nrelevant authority means—\na certificate of competency under the national law to operate a domestic commercial vessel as its master; or\na licence issued under the law of another country that is—\nissued by the same country in which the ship is registered; and\nthe equivalent of the certificate mentioned in paragraph (a) .\nsmall ship means a ship that is less than 50m.\n(sec.163-ssec.1) The following ships are ships to which part 8 of the Act applies— a ship that is 50m or more; a small ship (the relevant ship ) if— it is combined with another small ship for propelling 1 of the ships; and the combined length of the ships is 50m or more; and the master of the relevant ship has command of the combined ships; a ship whose owner or master asks for the services of a pilot; a ship whose master is directed by a harbour master to use the services of a pilot.\n(sec.163-ssec.2) However, part 8 of the Act does not apply to a ship mentioned in subsection (1) (a) or (b) if— the ship is being operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship for the area and who is personally operating the ship; or the ship— is a dredge operating only in a pilotage area; and is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and is being operated by a person— who holds a relevant authority; and who the general manager considers is competent to operate the ship in the area.\n(sec.163-ssec.3) In this section— relevant authority means— a certificate of competency under the national law to operate a domestic commercial vessel as its master; or a licence issued under the law of another country that is— issued by the same country in which the ship is registered; and the equivalent of the certificate mentioned in paragraph (a) . small ship means a ship that is less than 50m.\n- (a) a ship that is 50m or more;\n- (b) a small ship (the relevant ship ) if— (i) it is combined with another small ship for propelling 1 of the ships; and (ii) the combined length of the ships is 50m or more; and (iii) the master of the relevant ship has command of the combined ships;\n- (i) it is combined with another small ship for propelling 1 of the ships; and\n- (ii) the combined length of the ships is 50m or more; and\n- (iii) the master of the relevant ship has command of the combined ships;\n- (c) a ship whose owner or master asks for the services of a pilot;\n- (d) a ship whose master is directed by a harbour master to use the services of a pilot.\n- (i) it is combined with another small ship for propelling 1 of the ships; and\n- (ii) the combined length of the ships is 50m or more; and\n- (iii) the master of the relevant ship has command of the combined ships;\n- (a) the ship is being operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship for the area and who is personally operating the ship; or\n- (b) the ship— (i) is a dredge operating only in a pilotage area; and (ii) is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and (iii) is being operated by a person— (A) who holds a relevant authority; and (B) who the general manager considers is competent to operate the ship in the area.\n- (i) is a dredge operating only in a pilotage area; and\n- (ii) is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and\n- (iii) is being operated by a person— (A) who holds a relevant authority; and (B) who the general manager considers is competent to operate the ship in the area.\n- (A) who holds a relevant authority; and\n- (B) who the general manager considers is competent to operate the ship in the area.\n- (i) is a dredge operating only in a pilotage area; and\n- (ii) is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and\n- (iii) is being operated by a person— (A) who holds a relevant authority; and (B) who the general manager considers is competent to operate the ship in the area.\n- (A) who holds a relevant authority; and\n- (B) who the general manager considers is competent to operate the ship in the area.\n- (A) who holds a relevant authority; and\n- (B) who the general manager considers is competent to operate the ship in the area.\n- (a) a certificate of competency under the national law to operate a domestic commercial vessel as its master; or\n- (b) a licence issued under the law of another country that is— (i) issued by the same country in which the ship is registered; and (ii) the equivalent of the certificate mentioned in paragraph (a) .\n- (i) issued by the same country in which the ship is registered; and\n- (ii) the equivalent of the certificate mentioned in paragraph (a) .\n- (i) issued by the same country in which the ship is registered; and\n- (ii) the equivalent of the certificate mentioned in paragraph (a) .","sortOrder":216},{"sectionNumber":"sec.164","sectionType":"section","heading":"Transfer of pilot to ship","content":"### sec.164 Transfer of pilot to ship\n\nA harbour master for a pilotage area may decide, at the harbour master’s sole discretion, which of the following ways a pilot is to be transferred to or from a ship for the pilot’s operations in the pilotage area—\nby a pilot ship flying the appropriate distinguishing flag or showing the appropriate distinguishing lights;\nby a helicopter that lands on the ship or from which the pilot is raised or lowered by winch.\nThe master of a ship to or from which a pilot is to be transferred must give a harbour master for the pilotage area in which the pilot is to be transferred all information necessary to determine the suitability of the ship for transferring the pilot by a helicopter.\nMaximum penalty—50 penalty units.\nWhen a pilot is transferring to or from a ship or conducting a ship as its pilot, the master of the ship must comply with—\nthe following—\nif the pilot is transferred to or from a ship by a pilot ship— Marine Order 21 (Safety and emergency arrangements) 2016 (Cwlth) , section 12 ;\nif the pilot is transferred to or from a ship by a helicopter— Marine Order 57 (Helicopter operations) 2016 (Cwlth) ; and\nany reasonable directions of the master of the pilot ship, or person in charge of the helicopter, from which the pilot is being transferred, about safely transferring the pilot to or from the ship; and\nthe pilot’s reasonable directions about the pilot’s personal safety.\nMaximum penalty—200 penalty units.\n(sec.164-ssec.1) A harbour master for a pilotage area may decide, at the harbour master’s sole discretion, which of the following ways a pilot is to be transferred to or from a ship for the pilot’s operations in the pilotage area— by a pilot ship flying the appropriate distinguishing flag or showing the appropriate distinguishing lights; by a helicopter that lands on the ship or from which the pilot is raised or lowered by winch.\n(sec.164-ssec.2) The master of a ship to or from which a pilot is to be transferred must give a harbour master for the pilotage area in which the pilot is to be transferred all information necessary to determine the suitability of the ship for transferring the pilot by a helicopter. Maximum penalty—50 penalty units.\n(sec.164-ssec.3) When a pilot is transferring to or from a ship or conducting a ship as its pilot, the master of the ship must comply with— the following— if the pilot is transferred to or from a ship by a pilot ship— Marine Order 21 (Safety and emergency arrangements) 2016 (Cwlth) , section 12 ; if the pilot is transferred to or from a ship by a helicopter— Marine Order 57 (Helicopter operations) 2016 (Cwlth) ; and any reasonable directions of the master of the pilot ship, or person in charge of the helicopter, from which the pilot is being transferred, about safely transferring the pilot to or from the ship; and the pilot’s reasonable directions about the pilot’s personal safety. Maximum penalty—200 penalty units.\n- (a) by a pilot ship flying the appropriate distinguishing flag or showing the appropriate distinguishing lights;\n- (b) by a helicopter that lands on the ship or from which the pilot is raised or lowered by winch.\n- (a) the following— (i) if the pilot is transferred to or from a ship by a pilot ship— Marine Order 21 (Safety and emergency arrangements) 2016 (Cwlth) , section 12 ; (ii) if the pilot is transferred to or from a ship by a helicopter— Marine Order 57 (Helicopter operations) 2016 (Cwlth) ; and\n- (i) if the pilot is transferred to or from a ship by a pilot ship— Marine Order 21 (Safety and emergency arrangements) 2016 (Cwlth) , section 12 ;\n- (ii) if the pilot is transferred to or from a ship by a helicopter— Marine Order 57 (Helicopter operations) 2016 (Cwlth) ; and\n- (b) any reasonable directions of the master of the pilot ship, or person in charge of the helicopter, from which the pilot is being transferred, about safely transferring the pilot to or from the ship; and\n- (c) the pilot’s reasonable directions about the pilot’s personal safety.\n- (i) if the pilot is transferred to or from a ship by a pilot ship— Marine Order 21 (Safety and emergency arrangements) 2016 (Cwlth) , section 12 ;\n- (ii) if the pilot is transferred to or from a ship by a helicopter— Marine Order 57 (Helicopter operations) 2016 (Cwlth) ; and","sortOrder":217},{"sectionNumber":"sec.165","sectionType":"section","heading":"Master to give pilotage charge to pilot","content":"### sec.165 Master to give pilotage charge to pilot\n\nAfter a pilot has transferred to a ship and the ship is about to be navigated in a pilotage area, the master of the ship must, when requested by the pilot, give pilotage charge of the ship to the pilot, unless the master has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":218},{"sectionNumber":"sec.166","sectionType":"section","heading":"Pilotage exemption certificate","content":"### sec.166 Pilotage exemption certificate\n\nThe general manager may grant a pilotage exemption certificate to a person for a ship or type of ship for a pilotage area.\nThe procedure for obtaining a pilotage exemption certificate is in chapter 6 , part 2 .\nThe general manager may grant a pilotage exemption certificate to a person only if—\nthe person holds an appropriate licence or certificate of competency to operate the ship, or type of ship, as its master under—\nthe Act ; or\na law of the Commonwealth or another State; or\nfor a certificate issued to a person for a foreign registered ship—the law of the country under whose laws the ship is registered; and\nthe person passes a pilotage exemption test comprising—\na written test about the person’s knowledge of the pilotage area; and\na practical ship-handling test in the pilotage area; and\nthe general manager is reasonably satisfied—\nthe person has completed a reasonable number of voyages in the area as the master, or the chief mate in charge of a navigation watch, of a ship comparable in size to the ship or type of ship; and\nmarine operations in the pilotage area will not be endangered by granting the certificate.\nThe general manager may grant a pilotage exemption certificate only for a ship that is—\nan Australian registered ship, other than a tank ship of 200m or more; or\na foreign registered ship that is a dredging plant, or is part of a dredging plant, and operating in a pilotage area, or part of a pilotage area, stated in a direction of a harbour master under section 88 of the Act .\nIn this section—\nAustralian registered ship means a ship—\nregistered under—\nthe Act ; or\nthe Shipping Registration Act 1981 (Cwlth) ; or\na law of another State about the registration of ships; or\nfor which the national regulator has issued a certificate of operation under the national law.\nchief mate means the second in command of a ship.\ndredging plant means a ship, a group of ships or a combination of ships, operating solely for the purpose of conducting or assisting dredging operations.\nforeign registered ship means a ship registered under a law of a foreign country about the registration of ships.\ntank ship means a ship that is—\nan oil tanker; or\na chemical carrier; or\na liquefied gas carrier.\n(sec.166-ssec.1) The general manager may grant a pilotage exemption certificate to a person for a ship or type of ship for a pilotage area. The procedure for obtaining a pilotage exemption certificate is in chapter 6 , part 2 .\n(sec.166-ssec.2) The general manager may grant a pilotage exemption certificate to a person only if— the person holds an appropriate licence or certificate of competency to operate the ship, or type of ship, as its master under— the Act ; or a law of the Commonwealth or another State; or for a certificate issued to a person for a foreign registered ship—the law of the country under whose laws the ship is registered; and the person passes a pilotage exemption test comprising— a written test about the person’s knowledge of the pilotage area; and a practical ship-handling test in the pilotage area; and the general manager is reasonably satisfied— the person has completed a reasonable number of voyages in the area as the master, or the chief mate in charge of a navigation watch, of a ship comparable in size to the ship or type of ship; and marine operations in the pilotage area will not be endangered by granting the certificate.\n(sec.166-ssec.3) The general manager may grant a pilotage exemption certificate only for a ship that is— an Australian registered ship, other than a tank ship of 200m or more; or a foreign registered ship that is a dredging plant, or is part of a dredging plant, and operating in a pilotage area, or part of a pilotage area, stated in a direction of a harbour master under section 88 of the Act .\n(sec.166-ssec.4) In this section— Australian registered ship means a ship— registered under— the Act ; or the Shipping Registration Act 1981 (Cwlth) ; or a law of another State about the registration of ships; or for which the national regulator has issued a certificate of operation under the national law. chief mate means the second in command of a ship. dredging plant means a ship, a group of ships or a combination of ships, operating solely for the purpose of conducting or assisting dredging operations. foreign registered ship means a ship registered under a law of a foreign country about the registration of ships. tank ship means a ship that is— an oil tanker; or a chemical carrier; or a liquefied gas carrier.\n- (a) the person holds an appropriate licence or certificate of competency to operate the ship, or type of ship, as its master under— (i) the Act ; or (ii) a law of the Commonwealth or another State; or (iii) for a certificate issued to a person for a foreign registered ship—the law of the country under whose laws the ship is registered; and\n- (i) the Act ; or\n- (ii) a law of the Commonwealth or another State; or\n- (iii) for a certificate issued to a person for a foreign registered ship—the law of the country under whose laws the ship is registered; and\n- (b) the person passes a pilotage exemption test comprising— (i) a written test about the person’s knowledge of the pilotage area; and (ii) a practical ship-handling test in the pilotage area; and\n- (i) a written test about the person’s knowledge of the pilotage area; and\n- (ii) a practical ship-handling test in the pilotage area; and\n- (c) the general manager is reasonably satisfied— (i) the person has completed a reasonable number of voyages in the area as the master, or the chief mate in charge of a navigation watch, of a ship comparable in size to the ship or type of ship; and (ii) marine operations in the pilotage area will not be endangered by granting the certificate.\n- (i) the person has completed a reasonable number of voyages in the area as the master, or the chief mate in charge of a navigation watch, of a ship comparable in size to the ship or type of ship; and\n- (ii) marine operations in the pilotage area will not be endangered by granting the certificate.\n- (i) the Act ; or\n- (ii) a law of the Commonwealth or another State; or\n- (iii) for a certificate issued to a person for a foreign registered ship—the law of the country under whose laws the ship is registered; and\n- (i) a written test about the person’s knowledge of the pilotage area; and\n- (ii) a practical ship-handling test in the pilotage area; and\n- (i) the person has completed a reasonable number of voyages in the area as the master, or the chief mate in charge of a navigation watch, of a ship comparable in size to the ship or type of ship; and\n- (ii) marine operations in the pilotage area will not be endangered by granting the certificate.\n- (a) an Australian registered ship, other than a tank ship of 200m or more; or\n- (b) a foreign registered ship that is a dredging plant, or is part of a dredging plant, and operating in a pilotage area, or part of a pilotage area, stated in a direction of a harbour master under section 88 of the Act .\n- (a) registered under— (i) the Act ; or (ii) the Shipping Registration Act 1981 (Cwlth) ; or (iii) a law of another State about the registration of ships; or\n- (i) the Act ; or\n- (ii) the Shipping Registration Act 1981 (Cwlth) ; or\n- (iii) a law of another State about the registration of ships; or\n- (b) for which the national regulator has issued a certificate of operation under the national law.\n- (i) the Act ; or\n- (ii) the Shipping Registration Act 1981 (Cwlth) ; or\n- (iii) a law of another State about the registration of ships; or\n- (a) an oil tanker; or\n- (b) a chemical carrier; or\n- (c) a liquefied gas carrier.","sortOrder":219},{"sectionNumber":"sec.167","sectionType":"section","heading":"Pilots and fatigue management","content":"### sec.167 Pilots and fatigue management\n\nA person who employs pilots to perform pilotage services on the person’s behalf at a port must devise and implement, for the pilots, a fatigue management program complying with subsections (2) and (3) .\nMaximum penalty—40 penalty units.\nThe program, when implemented, must be capable of ensuring that the pilots are properly rested and fit to perform their duties.\nWithout limiting subsection (2) , the program must make suitable provision for maximum work times, maximum pilotage times and minimum rest times.\nThe person must take reasonable steps to ensure the pilots comply with the program.\nMaximum penalty—40 penalty units.\nA pilot to whom the program applies must not have the conduct of a ship as its pilot if—\nthe pilot’s fatigue level may cause the ship to be operated unsafely; or\nthe pilot has not substantially complied with the program.\nMaximum penalty—40 penalty units.\n(sec.167-ssec.1) A person who employs pilots to perform pilotage services on the person’s behalf at a port must devise and implement, for the pilots, a fatigue management program complying with subsections (2) and (3) . Maximum penalty—40 penalty units.\n(sec.167-ssec.2) The program, when implemented, must be capable of ensuring that the pilots are properly rested and fit to perform their duties.\n(sec.167-ssec.3) Without limiting subsection (2) , the program must make suitable provision for maximum work times, maximum pilotage times and minimum rest times.\n(sec.167-ssec.4) The person must take reasonable steps to ensure the pilots comply with the program. Maximum penalty—40 penalty units.\n(sec.167-ssec.5) A pilot to whom the program applies must not have the conduct of a ship as its pilot if— the pilot’s fatigue level may cause the ship to be operated unsafely; or the pilot has not substantially complied with the program. Maximum penalty—40 penalty units.\n- (a) the pilot’s fatigue level may cause the ship to be operated unsafely; or\n- (b) the pilot has not substantially complied with the program.","sortOrder":220},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Reporting obligations","content":"# Reporting obligations","sortOrder":221},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"General reporting obligations","content":"## General reporting obligations","sortOrder":222},{"sectionNumber":"sec.168","sectionType":"section","heading":"Reporting movement of ship mentioned in s 163 (1)","content":"### sec.168 Reporting movement of ship mentioned in s 163 (1)\n\nThis section applies if a ship mentioned in section 163 (1) is to do any of the following (each a movement )—\narrive at a pilotage area;\ndepart from a pilotage area;\nmove from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area.\nThe owner or master of the ship must report the expected time of the movement to a harbour master for the pilotage area in the approved form within the time stated in subsection (3) .\nMaximum penalty—100 penalty units.\nThe report must be made—\nfor the arrival of the ship—at least 48 hours before the expected arrival; or\nfor another movement—at least 24 hours before the expected movement.\n(sec.168-ssec.1) This section applies if a ship mentioned in section 163 (1) is to do any of the following (each a movement )— arrive at a pilotage area; depart from a pilotage area; move from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area.\n(sec.168-ssec.2) The owner or master of the ship must report the expected time of the movement to a harbour master for the pilotage area in the approved form within the time stated in subsection (3) . Maximum penalty—100 penalty units.\n(sec.168-ssec.3) The report must be made— for the arrival of the ship—at least 48 hours before the expected arrival; or for another movement—at least 24 hours before the expected movement.\n- (a) arrive at a pilotage area;\n- (b) depart from a pilotage area;\n- (c) move from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area.\n- (a) for the arrival of the ship—at least 48 hours before the expected arrival; or\n- (b) for another movement—at least 24 hours before the expected movement.","sortOrder":223},{"sectionNumber":"sec.169","sectionType":"section","heading":"Reporting movement of ship 35m or more but less than 50m","content":"### sec.169 Reporting movement of ship 35m or more but less than 50m\n\nThis section applies if a ship that is 35m or more but less than 50m is to do any of the following (each a movement )—\narrive at a pilotage area;\ndepart from a pilotage area;\nmove from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area.\nThe owner or master of the ship must report the expected time of the movement to a harbour master for the pilotage area in the approved form within the time stated in subsection (3) .\nMaximum penalty—40 penalty units.\nThe report must be made—\nfor the first movement of the ship in the pilotage area in a reporting period for the ship—at least 24 hours before the movement; and\nfor a subsequent movement of the ship in the pilotage area in a reporting period for the ship—within the time decided by a harbour master necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.\nIn this section—\nreporting period , for a ship, means a period of 30 days from the day of a movement of the ship in a pilotage area not otherwise covered by an existing reporting period for the ship for the pilotage area.\n(sec.169-ssec.1) This section applies if a ship that is 35m or more but less than 50m is to do any of the following (each a movement )— arrive at a pilotage area; depart from a pilotage area; move from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area.\n(sec.169-ssec.2) The owner or master of the ship must report the expected time of the movement to a harbour master for the pilotage area in the approved form within the time stated in subsection (3) . Maximum penalty—40 penalty units.\n(sec.169-ssec.3) The report must be made— for the first movement of the ship in the pilotage area in a reporting period for the ship—at least 24 hours before the movement; and for a subsequent movement of the ship in the pilotage area in a reporting period for the ship—within the time decided by a harbour master necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.\n(sec.169-ssec.4) In this section— reporting period , for a ship, means a period of 30 days from the day of a movement of the ship in a pilotage area not otherwise covered by an existing reporting period for the ship for the pilotage area.\n- (a) arrive at a pilotage area;\n- (b) depart from a pilotage area;\n- (c) move from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area.\n- (a) for the first movement of the ship in the pilotage area in a reporting period for the ship—at least 24 hours before the movement; and\n- (b) for a subsequent movement of the ship in the pilotage area in a reporting period for the ship—within the time decided by a harbour master necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.","sortOrder":224},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Reporting ship movements to vessel traffic services","content":"## Reporting ship movements to vessel traffic services","sortOrder":225},{"sectionNumber":"sec.170","sectionType":"section","heading":"Application of division","content":"### sec.170 Application of division\n\nThis division applies to a ship that is 35m or more and fitted with VHF radio.\nThis division also applies to a ship that is less than 35m and fitted with VHF radio if—\nall of the following apply—\nthe ship (the relevant ship ) is combined with another ship less than 35m for propelling 1 of the ships;\nthe combined length of the ships is 35m or more;\nthe master of the relevant ship has command of the combined ships; or\nthe master of the ship asks for the services of a pilot, or is directed by a harbour master to use the services of a pilot; or\nthe ship is carrying dangerous cargo; or\nall of the following apply—\nthe ship (the relevant ship ) is combined with another ship less than 35m and either of the ships is carrying dangerous cargo;\nthe combined length of the ships is less than 35m;\nthe ships are combined for propelling 1 of the ships;\nthe master of the relevant ship has command of the combined ships; or\nthe ship is 10m or more and operating in any of the following parts of the Karumba pilotage area—\nKarumba entrance channel;\nElbow Bank reach;\nKarumba Point reach; or\nthe ship is a fishing ship that is 10m or more and operating in any of the following parts of the Gladstone pilotage area—\nSouth Channel;\nSouth Channel Bypass;\nGatcombe Channel;\nGatcombe Bypass Channel;\nAuckland Channel;\nAuckland Bypass Channel;\nSouth Trees Anchorages;\nClinton Channel;\nClinton Bypass Channel;\nTarginie Channel;\nJacobs Channel.\nThis division is in addition to and does not limit a person’s obligations under section 168 or 169 .\ns 170 amd 2021 SL No. 180 s 11\n(sec.170-ssec.1) This division applies to a ship that is 35m or more and fitted with VHF radio.\n(sec.170-ssec.2) This division also applies to a ship that is less than 35m and fitted with VHF radio if— all of the following apply— the ship (the relevant ship ) is combined with another ship less than 35m for propelling 1 of the ships; the combined length of the ships is 35m or more; the master of the relevant ship has command of the combined ships; or the master of the ship asks for the services of a pilot, or is directed by a harbour master to use the services of a pilot; or the ship is carrying dangerous cargo; or all of the following apply— the ship (the relevant ship ) is combined with another ship less than 35m and either of the ships is carrying dangerous cargo; the combined length of the ships is less than 35m; the ships are combined for propelling 1 of the ships; the master of the relevant ship has command of the combined ships; or the ship is 10m or more and operating in any of the following parts of the Karumba pilotage area— Karumba entrance channel; Elbow Bank reach; Karumba Point reach; or the ship is a fishing ship that is 10m or more and operating in any of the following parts of the Gladstone pilotage area— South Channel; South Channel Bypass; Gatcombe Channel; Gatcombe Bypass Channel; Auckland Channel; Auckland Bypass Channel; South Trees Anchorages; Clinton Channel; Clinton Bypass Channel; Targinie Channel; Jacobs Channel.\n(sec.170-ssec.3) This division is in addition to and does not limit a person’s obligations under section 168 or 169 .\n- (a) all of the following apply— (i) the ship (the relevant ship ) is combined with another ship less than 35m for propelling 1 of the ships; (ii) the combined length of the ships is 35m or more; (iii) the master of the relevant ship has command of the combined ships; or\n- (i) the ship (the relevant ship ) is combined with another ship less than 35m for propelling 1 of the ships;\n- (ii) the combined length of the ships is 35m or more;\n- (iii) the master of the relevant ship has command of the combined ships; or\n- (b) the master of the ship asks for the services of a pilot, or is directed by a harbour master to use the services of a pilot; or\n- (c) the ship is carrying dangerous cargo; or\n- (d) all of the following apply— (i) the ship (the relevant ship ) is combined with another ship less than 35m and either of the ships is carrying dangerous cargo; (ii) the combined length of the ships is less than 35m; (iii) the ships are combined for propelling 1 of the ships; (iv) the master of the relevant ship has command of the combined ships; or\n- (i) the ship (the relevant ship ) is combined with another ship less than 35m and either of the ships is carrying dangerous cargo;\n- (ii) the combined length of the ships is less than 35m;\n- (iii) the ships are combined for propelling 1 of the ships;\n- (iv) the master of the relevant ship has command of the combined ships; or\n- (e) the ship is 10m or more and operating in any of the following parts of the Karumba pilotage area— (i) Karumba entrance channel; (ii) Elbow Bank reach; (iii) Karumba Point reach; or\n- (i) Karumba entrance channel;\n- (ii) Elbow Bank reach;\n- (iii) Karumba Point reach; or\n- (f) the ship is a fishing ship that is 10m or more and operating in any of the following parts of the Gladstone pilotage area— (i) South Channel; (ii) South Channel Bypass; (iii) Gatcombe Channel; (iv) Gatcombe Bypass Channel; (v) Auckland Channel; (vi) Auckland Bypass Channel; (vii) South Trees Anchorages; (viii) Clinton Channel; (ix) Clinton Bypass Channel; (x) Targinie Channel; (xi) Jacobs Channel.\n- (i) South Channel;\n- (ii) South Channel Bypass;\n- (iii) Gatcombe Channel;\n- (iv) Gatcombe Bypass Channel;\n- (v) Auckland Channel;\n- (vi) Auckland Bypass Channel;\n- (vii) South Trees Anchorages;\n- (viii) Clinton Channel;\n- (ix) Clinton Bypass Channel;\n- (x) Targinie Channel;\n- (xi) Jacobs Channel.\n- (i) the ship (the relevant ship ) is combined with another ship less than 35m for propelling 1 of the ships;\n- (ii) the combined length of the ships is 35m or more;\n- (iii) the master of the relevant ship has command of the combined ships; or\n- (i) the ship (the relevant ship ) is combined with another ship less than 35m and either of the ships is carrying dangerous cargo;\n- (ii) the combined length of the ships is less than 35m;\n- (iii) the ships are combined for propelling 1 of the ships;\n- (iv) the master of the relevant ship has command of the combined ships; or\n- (i) Karumba entrance channel;\n- (ii) Elbow Bank reach;\n- (iii) Karumba Point reach; or\n- (i) South Channel;\n- (ii) South Channel Bypass;\n- (iii) Gatcombe Channel;\n- (iv) Gatcombe Bypass Channel;\n- (v) Auckland Channel;\n- (vi) Auckland Bypass Channel;\n- (vii) South Trees Anchorages;\n- (viii) Clinton Channel;\n- (ix) Clinton Bypass Channel;\n- (x) Targinie Channel;\n- (xi) Jacobs Channel.","sortOrder":226},{"sectionNumber":"sec.171","sectionType":"section","heading":"Entering pilotage area","content":"### sec.171 Entering pilotage area\n\nThe master of a ship that is underway and entering, or about to enter, a pilotage area must report to the area VTS by VHF radio the following particulars for the ship—\nthe ship’s name;\nthe ship’s position with reference to the closest aid to navigation;\nthe place in the pilotage area to which the ship is navigating;\nthe name and quantity of all dangerous cargo (if any) the ship is carrying;\ndetails of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment;\nif requested by a harbour master for the pilotage area—\nthe ship’s draught fore and aft; and\nthe expected arrival time of the ship at the place to which the ship is navigating.\nMaximum penalty—100 penalty units.\n- (a) the ship’s name;\n- (b) the ship’s position with reference to the closest aid to navigation;\n- (c) the place in the pilotage area to which the ship is navigating;\n- (d) the name and quantity of all dangerous cargo (if any) the ship is carrying;\n- (e) details of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment;\n- (f) if requested by a harbour master for the pilotage area— (i) the ship’s draught fore and aft; and (ii) the expected arrival time of the ship at the place to which the ship is navigating.\n- (i) the ship’s draught fore and aft; and\n- (ii) the expected arrival time of the ship at the place to which the ship is navigating.\n- (i) the ship’s draught fore and aft; and\n- (ii) the expected arrival time of the ship at the place to which the ship is navigating.","sortOrder":227},{"sectionNumber":"sec.172","sectionType":"section","heading":"Navigating ship from berth or anchorage","content":"### sec.172 Navigating ship from berth or anchorage\n\nThis section applies if the master of a ship that is at a berth, or at anchor, in a pilotage area is about to navigate the ship in the pilotage area.\nThe master must report to the area VTS by VHF radio the following particulars for the ship—\nthe ship’s name;\nthe name of the berth or, if at anchor, the name of the anchorage or the position where the ship is anchored with reference to the closest aid to navigation;\nif the ship is to leave the pilotage area—the place where it will leave the area;\nif the ship is not leaving the pilotage area—the place to which the ship is navigating;\nthe name and quantity of all dangerous cargo (if any) the ship is carrying;\ndetails of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment;\nif requested by a harbour master for the pilotage area—\nthe ship’s draught fore and aft; and\nthe expected arrival time of the ship at the place to which the ship is navigating.\nMaximum penalty—100 penalty units.\n(sec.172-ssec.1) This section applies if the master of a ship that is at a berth, or at anchor, in a pilotage area is about to navigate the ship in the pilotage area.\n(sec.172-ssec.2) The master must report to the area VTS by VHF radio the following particulars for the ship— the ship’s name; the name of the berth or, if at anchor, the name of the anchorage or the position where the ship is anchored with reference to the closest aid to navigation; if the ship is to leave the pilotage area—the place where it will leave the area; if the ship is not leaving the pilotage area—the place to which the ship is navigating; the name and quantity of all dangerous cargo (if any) the ship is carrying; details of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment; if requested by a harbour master for the pilotage area— the ship’s draught fore and aft; and the expected arrival time of the ship at the place to which the ship is navigating. Maximum penalty—100 penalty units.\n- (a) the ship’s name;\n- (b) the name of the berth or, if at anchor, the name of the anchorage or the position where the ship is anchored with reference to the closest aid to navigation;\n- (c) if the ship is to leave the pilotage area—the place where it will leave the area;\n- (d) if the ship is not leaving the pilotage area—the place to which the ship is navigating;\n- (e) the name and quantity of all dangerous cargo (if any) the ship is carrying;\n- (f) details of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment;\n- (g) if requested by a harbour master for the pilotage area— (i) the ship’s draught fore and aft; and (ii) the expected arrival time of the ship at the place to which the ship is navigating.\n- (i) the ship’s draught fore and aft; and\n- (ii) the expected arrival time of the ship at the place to which the ship is navigating.\n- (i) the ship’s draught fore and aft; and\n- (ii) the expected arrival time of the ship at the place to which the ship is navigating.","sortOrder":228},{"sectionNumber":"sec.173","sectionType":"section","heading":"Reaching destination","content":"### sec.173 Reaching destination\n\nWhen a ship mentioned in section 171 or 172 arrives at its destination in a pilotage area, its master must, as soon as practicable after the ship has been made fast or is anchored, report to the area VTS by VHF radio the following particulars for the ship—\nif the ship is secured at a berth—the time when the ship was fully secured;\nif the ship is anchored—the time when the ship was brought up at anchor.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a ship leaving a pilotage area.\nHowever, when a ship leaves a pilotage area, its master must report to the area VTS by VHF radio the time the ship leaves the area.\nMaximum penalty—100 penalty units.\n(sec.173-ssec.1) When a ship mentioned in section 171 or 172 arrives at its destination in a pilotage area, its master must, as soon as practicable after the ship has been made fast or is anchored, report to the area VTS by VHF radio the following particulars for the ship— if the ship is secured at a berth—the time when the ship was fully secured; if the ship is anchored—the time when the ship was brought up at anchor. Maximum penalty—100 penalty units.\n(sec.173-ssec.2) Subsection (1) does not apply to a ship leaving a pilotage area.\n(sec.173-ssec.3) However, when a ship leaves a pilotage area, its master must report to the area VTS by VHF radio the time the ship leaves the area. Maximum penalty—100 penalty units.\n- (a) if the ship is secured at a berth—the time when the ship was fully secured;\n- (b) if the ship is anchored—the time when the ship was brought up at anchor.","sortOrder":229},{"sectionNumber":"sec.174","sectionType":"section","heading":"Ship entering pilotage area using services of a pilot","content":"### sec.174 Ship entering pilotage area using services of a pilot\n\nThis section applies if a ship entering a pilotage area is to be navigated in the area using the services of a pilot.\nAs soon as practicable after the pilot transfers to the ship, its master must report to the area VTS by VHF radio the time the transfer happened.\nMaximum penalty—100 penalty units.\n(sec.174-ssec.1) This section applies if a ship entering a pilotage area is to be navigated in the area using the services of a pilot.\n(sec.174-ssec.2) As soon as practicable after the pilot transfers to the ship, its master must report to the area VTS by VHF radio the time the transfer happened. Maximum penalty—100 penalty units.","sortOrder":230},{"sectionNumber":"sec.175","sectionType":"section","heading":"Ship navigating in pilotage area using services of a pilot","content":"### sec.175 Ship navigating in pilotage area using services of a pilot\n\nThis section applies if a ship mentioned in section 172 is being navigated in a pilotage area using the services of a pilot.\nAs soon as practicable after the ship stops being navigated using the pilot’s services, its master must report to the area VTS by VHF radio when the pilot transfers, or is expected to transfer, from the ship.\nMaximum penalty—100 penalty units.\n(sec.175-ssec.1) This section applies if a ship mentioned in section 172 is being navigated in a pilotage area using the services of a pilot.\n(sec.175-ssec.2) As soon as practicable after the ship stops being navigated using the pilot’s services, its master must report to the area VTS by VHF radio when the pilot transfers, or is expected to transfer, from the ship. Maximum penalty—100 penalty units.","sortOrder":231},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Other reporting obligation","content":"## Other reporting obligation","sortOrder":232},{"sectionNumber":"sec.176","sectionType":"section","heading":"Report requested by harbour master","content":"### sec.176 Report requested by harbour master\n\nA harbour master for a pilotage area may direct the master of any ship navigating in the area and equipped with VHF radio to report to the area VTS by VHF radio the following particulars for the ship—\nthe ship’s name;\nthe ship’s position by reference to an aid to navigation;\nthe place in the pilotage area to which the ship is navigating.\nThe ship’s master must not contravene the direction unless the master has a reasonable excuse.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.176-ssec.1) A harbour master for a pilotage area may direct the master of any ship navigating in the area and equipped with VHF radio to report to the area VTS by VHF radio the following particulars for the ship— the ship’s name; the ship’s position by reference to an aid to navigation; the place in the pilotage area to which the ship is navigating.\n(sec.176-ssec.2) The ship’s master must not contravene the direction unless the master has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.\n- (a) the ship’s name;\n- (b) the ship’s position by reference to an aid to navigation;\n- (c) the place in the pilotage area to which the ship is navigating.","sortOrder":233},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Exercise of particular powers by harbour masters","content":"# Exercise of particular powers by harbour masters","sortOrder":234},{"sectionNumber":"sec.181","sectionType":"section","heading":"Approval of harbour master to exercise powers under this chapter","content":"### sec.181 Approval of harbour master to exercise powers under this chapter\n\nThe chief executive may approve a harbour master to exercise powers under this chapter.\nThe powers may be limited by the approval or by a later notice of the chief executive to the harbour master.\nThe general manager may give a harbour master any directions about the exercise of the harbour master’s powers the general manager considers necessary for marine safety.\nA harbour master must comply with a direction of the general manager under subsection (3) .\nA harbour master may exercise a power under this chapter only if the harbour master considers it necessary to ensure safety.\nIn this chapter, a reference to a harbour master is a reference to a harbour master approved by the chief executive under this section to exercise powers under this chapter.\n(sec.181-ssec.1) The chief executive may approve a harbour master to exercise powers under this chapter.\n(sec.181-ssec.2) The powers may be limited by the approval or by a later notice of the chief executive to the harbour master.\n(sec.181-ssec.3) The general manager may give a harbour master any directions about the exercise of the harbour master’s powers the general manager considers necessary for marine safety.\n(sec.181-ssec.4) A harbour master must comply with a direction of the general manager under subsection (3) .\n(sec.181-ssec.5) A harbour master may exercise a power under this chapter only if the harbour master considers it necessary to ensure safety.\n(sec.181-ssec.6) In this chapter, a reference to a harbour master is a reference to a harbour master approved by the chief executive under this section to exercise powers under this chapter.","sortOrder":235},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Buoy moorings","content":"# Buoy moorings","sortOrder":236},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Establishing buoy mooring in Queensland waters other than Gold Coast waters","content":"## Establishing buoy mooring in Queensland waters other than Gold Coast waters","sortOrder":237},{"sectionNumber":"sec.182","sectionType":"section","heading":"Buoy mooring category areas","content":"### sec.182 Buoy mooring category areas\n\nThis section applies to Queensland waters other than Gold Coast waters.\nThe general manager may, by gazette notice, define an area of Queensland waters as 1 of the following category areas for buoy moorings—\na category 1 area;\na category 2 area.\nAn area of Queensland waters that is not defined as a category 1 or 2 area is a category 3 area.\nThe general manager may, by written agreement with a person (a mooring manager ), vest in the person the management and control of buoy moorings within a category 1 area in Queensland waters.\nthe capacity to charge fees for the use of a buoy mooring\nthe capacity to set conditions on the establishment of a buoy mooring\nthe capacity to set conditions on the use of a buoy mooring\n(sec.182-ssec.1) This section applies to Queensland waters other than Gold Coast waters.\n(sec.182-ssec.2) The general manager may, by gazette notice, define an area of Queensland waters as 1 of the following category areas for buoy moorings— a category 1 area; a category 2 area.\n(sec.182-ssec.3) An area of Queensland waters that is not defined as a category 1 or 2 area is a category 3 area.\n(sec.182-ssec.4) The general manager may, by written agreement with a person (a mooring manager ), vest in the person the management and control of buoy moorings within a category 1 area in Queensland waters. the capacity to charge fees for the use of a buoy mooring the capacity to set conditions on the establishment of a buoy mooring the capacity to set conditions on the use of a buoy mooring\n- (a) a category 1 area;\n- (b) a category 2 area.\n- • the capacity to charge fees for the use of a buoy mooring\n- • the capacity to set conditions on the establishment of a buoy mooring\n- • the capacity to set conditions on the use of a buoy mooring","sortOrder":238},{"sectionNumber":"sec.183","sectionType":"section","heading":"Establishment of unauthorised buoy mooring","content":"### sec.183 Establishment of unauthorised buoy mooring\n\nThis section applies to a category 1, 2 or 3 area in Queensland waters other than Gold Coast waters.\nA person must not—\nestablish a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment; or\nestablish a buoy mooring in a category 2 or 3 area unless the general manager has approved the establishment under division 3 .\nMaximum penalty—50 penalty units.\nIf a person establishes a buoy mooring in contravention of subsection (2) , the following entity may direct the person to remove the buoy mooring—\nif the buoy mooring is established in a pilotage area—a harbour master;\notherwise—the general manager.\nA person given a direction under subsection (3) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person must not—\nuse a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment of the buoy mooring; or\nuse a buoy mooring in a category 2 or 3 area unless the general manager has approved the establishment of the buoy mooring under division 3 .\nMaximum penalty—50 penalty units.\n(sec.183-ssec.1) This section applies to a category 1, 2 or 3 area in Queensland waters other than Gold Coast waters.\n(sec.183-ssec.2) A person must not— establish a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment; or establish a buoy mooring in a category 2 or 3 area unless the general manager has approved the establishment under division 3 . Maximum penalty—50 penalty units.\n(sec.183-ssec.3) If a person establishes a buoy mooring in contravention of subsection (2) , the following entity may direct the person to remove the buoy mooring— if the buoy mooring is established in a pilotage area—a harbour master; otherwise—the general manager.\n(sec.183-ssec.4) A person given a direction under subsection (3) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.183-ssec.5) A person must not— use a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment of the buoy mooring; or use a buoy mooring in a category 2 or 3 area unless the general manager has approved the establishment of the buoy mooring under division 3 . Maximum penalty—50 penalty units.\n- (a) establish a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment; or\n- (b) establish a buoy mooring in a category 2 or 3 area unless the general manager has approved the establishment under division 3 .\n- (a) if the buoy mooring is established in a pilotage area—a harbour master;\n- (b) otherwise—the general manager.\n- (a) use a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment of the buoy mooring; or\n- (b) use a buoy mooring in a category 2 or 3 area unless the general manager has approved the establishment of the buoy mooring under division 3 .","sortOrder":239},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Establishing buoy mooring in Gold Coast waters","content":"## Establishing buoy mooring in Gold Coast waters","sortOrder":240},{"sectionNumber":"sec.184","sectionType":"section","heading":"Buoy mooring category areas","content":"### sec.184 Buoy mooring category areas\n\nThe Gold Coast Waterways Authority may, by gazette notice, define an area of Gold Coast waters as 1 of the following category areas for buoy moorings—\na category 1 area;\na category 2 area.\nAn area of Gold Coast waters that is not defined as a category 1 or 2 area is a category 3 area.\nThe Gold Coast Waterways Authority may, by written agreement with a person (a mooring manager ), vest in the person the management and control of buoy moorings within a category 1 area in Gold Coast waters.\nthe capacity to charge fees for the use of a buoy mooring\nthe capacity to set conditions on the establishment of a buoy mooring\nthe capacity to set conditions on the use of a buoy mooring\n(sec.184-ssec.1) The Gold Coast Waterways Authority may, by gazette notice, define an area of Gold Coast waters as 1 of the following category areas for buoy moorings— a category 1 area; a category 2 area.\n(sec.184-ssec.2) An area of Gold Coast waters that is not defined as a category 1 or 2 area is a category 3 area.\n(sec.184-ssec.3) The Gold Coast Waterways Authority may, by written agreement with a person (a mooring manager ), vest in the person the management and control of buoy moorings within a category 1 area in Gold Coast waters.\n- (a) a category 1 area;\n- (b) a category 2 area.\n- • the capacity to charge fees for the use of a buoy mooring\n- • the capacity to set conditions on the establishment of a buoy mooring\n- • the capacity to set conditions on the use of a buoy mooring","sortOrder":241},{"sectionNumber":"sec.185","sectionType":"section","heading":"Establishment of unauthorised buoy mooring","content":"### sec.185 Establishment of unauthorised buoy mooring\n\nThis section applies to a category 1, 2 or 3 area in Gold Coast waters.\nA person must not—\nestablish a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment; or\nestablish a buoy mooring in a category 2 or 3 area unless the Gold Coast Waterways Authority has approved the establishment under division 3 .\nMaximum penalty—50 penalty units.\nIf a person establishes a buoy mooring in contravention of subsection (2) , the Gold Coast Waterways Authority may direct the person to remove the buoy mooring.\nA person given a direction under subsection (3) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person must not—\nuse a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment of the buoy mooring; or\nuse a buoy mooring in a category 2 or 3 area, unless the Gold Coast Waterways Authority has approved establishment of the buoy mooring under division 3 .\nMaximum penalty—50 penalty units.\n(sec.185-ssec.1) This section applies to a category 1, 2 or 3 area in Gold Coast waters.\n(sec.185-ssec.2) A person must not— establish a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment; or establish a buoy mooring in a category 2 or 3 area unless the Gold Coast Waterways Authority has approved the establishment under division 3 . Maximum penalty—50 penalty units.\n(sec.185-ssec.3) If a person establishes a buoy mooring in contravention of subsection (2) , the Gold Coast Waterways Authority may direct the person to remove the buoy mooring.\n(sec.185-ssec.4) A person given a direction under subsection (3) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.185-ssec.5) A person must not— use a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment of the buoy mooring; or use a buoy mooring in a category 2 or 3 area, unless the Gold Coast Waterways Authority has approved establishment of the buoy mooring under division 3 . Maximum penalty—50 penalty units.\n- (a) establish a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment; or\n- (b) establish a buoy mooring in a category 2 or 3 area unless the Gold Coast Waterways Authority has approved the establishment under division 3 .\n- (a) use a buoy mooring in a category 1 area unless the mooring manager for the area has consented to the establishment of the buoy mooring; or\n- (b) use a buoy mooring in a category 2 or 3 area, unless the Gold Coast Waterways Authority has approved establishment of the buoy mooring under division 3 .","sortOrder":242},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Approval of establishment of buoy mooring","content":"## Approval of establishment of buoy mooring","sortOrder":243},{"sectionNumber":"sec.186","sectionType":"section","heading":"Approval of establishment of buoy mooring","content":"### sec.186 Approval of establishment of buoy mooring\n\nThe following entity (an approving entity ) may approve the establishment of a buoy mooring for a category 2 or 3 area—\nif the area is in Queensland waters other than Gold Coast waters—the general manager;\nif the area is in Gold Coast waters—the Gold Coast Waterways Authority.\nThe procedure for obtaining the approval is in chapter 6 , part 2 .\nThe approval may be for the establishment of—\na restricted use buoy mooring; or\nan unrestricted use buoy mooring.\n(sec.186-ssec.1) The following entity (an approving entity ) may approve the establishment of a buoy mooring for a category 2 or 3 area— if the area is in Queensland waters other than Gold Coast waters—the general manager; if the area is in Gold Coast waters—the Gold Coast Waterways Authority. The procedure for obtaining the approval is in chapter 6 , part 2 .\n(sec.186-ssec.2) The approval may be for the establishment of— a restricted use buoy mooring; or an unrestricted use buoy mooring.\n- (a) if the area is in Queensland waters other than Gold Coast waters—the general manager;\n- (b) if the area is in Gold Coast waters—the Gold Coast Waterways Authority.\n- (a) a restricted use buoy mooring; or\n- (b) an unrestricted use buoy mooring.","sortOrder":244},{"sectionNumber":"sec.187","sectionType":"section","heading":"Limitations on buoy mooring approvals","content":"### sec.187 Limitations on buoy mooring approvals\n\nThe approving entity may approve the establishment of a buoy mooring only if the entity is reasonably satisfied the mooring does not significantly interfere with—\nmarine safety; or\nthe effectiveness or efficiency of the Queensland maritime industry.\nIf a buoy mooring is to be established within a port, the approving entity may approve the establishment of the buoy mooring only if the approving entity is reasonably satisfied the port authority or a port operator for the port has consented to the establishment.\n(sec.187-ssec.1) The approving entity may approve the establishment of a buoy mooring only if the entity is reasonably satisfied the mooring does not significantly interfere with— marine safety; or the effectiveness or efficiency of the Queensland maritime industry.\n(sec.187-ssec.2) If a buoy mooring is to be established within a port, the approving entity may approve the establishment of the buoy mooring only if the approving entity is reasonably satisfied the port authority or a port operator for the port has consented to the establishment.\n- (a) marine safety; or\n- (b) the effectiveness or efficiency of the Queensland maritime industry.","sortOrder":245},{"sectionNumber":"sec.188","sectionType":"section","heading":"Conditions of buoy mooring approvals","content":"### sec.188 Conditions of buoy mooring approvals\n\nThe approving entity may impose conditions on a buoy mooring approval about the colour, shape and size of the buoy.\nUnder section 107 , the document evidencing the buoy mooring approval must state all conditions imposed on the approval under this regulation.\nSubsection (1) does not limit the ability of the approving entity to impose other conditions on the buoy mooring approval.\n(sec.188-ssec.1) The approving entity may impose conditions on a buoy mooring approval about the colour, shape and size of the buoy. Under section 107 , the document evidencing the buoy mooring approval must state all conditions imposed on the approval under this regulation.\n(sec.188-ssec.2) Subsection (1) does not limit the ability of the approving entity to impose other conditions on the buoy mooring approval.","sortOrder":246},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Other obligations about established buoy moorings","content":"## Other obligations about established buoy moorings","sortOrder":247},{"sectionNumber":"sec.189","sectionType":"section","heading":"Notice of establishment of buoy mooring","content":"### sec.189 Notice of establishment of buoy mooring\n\nA person who establishes a buoy mooring under a buoy mooring approval must give written notice under this section.\nMaximum penalty—20 penalty units.\nThe notice must contain the details required by the approving entity when granting the buoy mooring approval.\nThe details required by the approving entity may include the following—\nthe date the buoy mooring was established;\nthe precise location of the buoy mooring;\nthe type and size of the mooring apparatus.\nthe shape, construction and dimensions of the mooring block\nthe length and diameter of the chain or rope connecting the buoy to the mooring\nThe notice must be given to—\nfor a buoy mooring established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master; or\nfor a buoy mooring established in Gold Coast waters—the Gold Coast Waterways Authority; or\notherwise—the general manager.\nThe notice must be given within 14 days after the buoy mooring is established.\n(sec.189-ssec.1) A person who establishes a buoy mooring under a buoy mooring approval must give written notice under this section. Maximum penalty—20 penalty units.\n(sec.189-ssec.2) The notice must contain the details required by the approving entity when granting the buoy mooring approval.\n(sec.189-ssec.3) The details required by the approving entity may include the following— the date the buoy mooring was established; the precise location of the buoy mooring; the type and size of the mooring apparatus. the shape, construction and dimensions of the mooring block the length and diameter of the chain or rope connecting the buoy to the mooring\n(sec.189-ssec.4) The notice must be given to— for a buoy mooring established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master; or for a buoy mooring established in Gold Coast waters—the Gold Coast Waterways Authority; or otherwise—the general manager.\n(sec.189-ssec.5) The notice must be given within 14 days after the buoy mooring is established.\n- (a) the date the buoy mooring was established;\n- (b) the precise location of the buoy mooring;\n- (c) the type and size of the mooring apparatus. Examples of details required for paragraph (c) — • the shape, construction and dimensions of the mooring block • the length and diameter of the chain or rope connecting the buoy to the mooring\n- • the shape, construction and dimensions of the mooring block\n- • the length and diameter of the chain or rope connecting the buoy to the mooring\n- • the shape, construction and dimensions of the mooring block\n- • the length and diameter of the chain or rope connecting the buoy to the mooring\n- (a) for a buoy mooring established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master; or\n- (b) for a buoy mooring established in Gold Coast waters—the Gold Coast Waterways Authority; or\n- (c) otherwise—the general manager.","sortOrder":248},{"sectionNumber":"sec.190","sectionType":"section","heading":"Buoy mooring to display identifying number","content":"### sec.190 Buoy mooring to display identifying number\n\nThe holder of a buoy mooring approval for a buoy mooring must ensure—\nthe identifying number issued by the approving entity for the buoy mooring is permanently and legibly displayed on the buoy; and\nthe buoy and its identifying number are not obscured from view.\nMaximum penalty—20 penalty units.\n- (a) the identifying number issued by the approving entity for the buoy mooring is permanently and legibly displayed on the buoy; and\n- (b) the buoy and its identifying number are not obscured from view.","sortOrder":249},{"sectionNumber":"sec.191","sectionType":"section","heading":"Unlawful use of buoy mooring","content":"### sec.191 Unlawful use of buoy mooring\n\nA person must not moor a ship to a restricted use buoy mooring unless the ship is the ship stated in the buoy mooring approval for the buoy mooring.\nMaximum penalty—50 penalty units.\nA person must not moor a ship to an unrestricted use buoy mooring unless the person has the consent of the holder of the buoy mooring approval for the buoy mooring.\nMaximum penalty—50 penalty units.\n(sec.191-ssec.1) A person must not moor a ship to a restricted use buoy mooring unless the ship is the ship stated in the buoy mooring approval for the buoy mooring. Maximum penalty—50 penalty units.\n(sec.191-ssec.2) A person must not moor a ship to an unrestricted use buoy mooring unless the person has the consent of the holder of the buoy mooring approval for the buoy mooring. Maximum penalty—50 penalty units.","sortOrder":250},{"sectionNumber":"sec.192","sectionType":"section","heading":"Removal of buoy mooring on expiry, cancellation or surrender of approval","content":"### sec.192 Removal of buoy mooring on expiry, cancellation or surrender of approval\n\nThis section applies if a buoy mooring approval has expired, or has been cancelled or surrendered under chapter 6 .\nThe person to whom the buoy mooring approval was granted must remove all of the following within the time stated in subsection (3) , unless the person has a reasonable excuse—\nthe buoy whose mooring is authorised under the approval;\nthe mooring apparatus for the buoy;\nthe mooring block for the buoy.\nMaximum penalty—20 penalty units.\nThe buoy, its mooring apparatus and its mooring block must be removed—\nif the buoy mooring approval has expired or been surrendered—within 14 days after the expiry or surrender; or\nif the buoy mooring approval has been cancelled and no application for internal review has been made under part 16 of the Act —within 14 days after the time for making the internal review application ends; or\nif the buoy mooring approval has been cancelled and no application for review of the decision to cancel the approval ( QCAT application ) is made to QCAT under the Act —within 14 days after the time for making the QCAT application ends; or\nif the buoy mooring approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation.\nIf the person does not remove the buoy, mooring apparatus or mooring block within the time stated in subsection (3) , the following entity may direct the person to remove the mooring, apparatus or block—\nif the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area;\nif the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority;\notherwise—the general manager.\nThe person must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\n(sec.192-ssec.1) This section applies if a buoy mooring approval has expired, or has been cancelled or surrendered under chapter 6 .\n(sec.192-ssec.2) The person to whom the buoy mooring approval was granted must remove all of the following within the time stated in subsection (3) , unless the person has a reasonable excuse— the buoy whose mooring is authorised under the approval; the mooring apparatus for the buoy; the mooring block for the buoy. Maximum penalty—20 penalty units.\n(sec.192-ssec.3) The buoy, its mooring apparatus and its mooring block must be removed— if the buoy mooring approval has expired or been surrendered—within 14 days after the expiry or surrender; or if the buoy mooring approval has been cancelled and no application for internal review has been made under part 16 of the Act —within 14 days after the time for making the internal review application ends; or if the buoy mooring approval has been cancelled and no application for review of the decision to cancel the approval ( QCAT application ) is made to QCAT under the Act —within 14 days after the time for making the QCAT application ends; or if the buoy mooring approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation.\n(sec.192-ssec.4) If the person does not remove the buoy, mooring apparatus or mooring block within the time stated in subsection (3) , the following entity may direct the person to remove the mooring, apparatus or block— if the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area; if the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority; otherwise—the general manager.\n(sec.192-ssec.5) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) the buoy whose mooring is authorised under the approval;\n- (b) the mooring apparatus for the buoy;\n- (c) the mooring block for the buoy.\n- (a) if the buoy mooring approval has expired or been surrendered—within 14 days after the expiry or surrender; or\n- (b) if the buoy mooring approval has been cancelled and no application for internal review has been made under part 16 of the Act —within 14 days after the time for making the internal review application ends; or\n- (c) if the buoy mooring approval has been cancelled and no application for review of the decision to cancel the approval ( QCAT application ) is made to QCAT under the Act —within 14 days after the time for making the QCAT application ends; or\n- (d) if the buoy mooring approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation.\n- (a) if the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area;\n- (b) if the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority;\n- (c) otherwise—the general manager.","sortOrder":251},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Carrying out directions given under this chapter","content":"# Carrying out directions given under this chapter","sortOrder":252},{"sectionNumber":"sec.193","sectionType":"section","heading":"Issuing entity may carry out direction","content":"### sec.193 Issuing entity may carry out direction\n\nThis section applies if a person has contravened a buoy mooring direction given to the person by an issuing entity.\nAlso, this section applies if—\nit appears to an issuing entity there is no one to whom a buoy mooring direction may be given; and\nthe issuing entity is reasonably satisfied that the entity must act urgently without giving a direction.\nThe issuing entity may carry out the direction or proposed direction, including by asking a person who is a suitably qualified person to carry out the direction or proposed direction.\nWithout limiting subsection (3) , the issuing entity or the suitably qualified person may—\nboard a ship and operate it, including, for example, by moving or navigating it; or\nenter or remain in a place in, or adjacent to, an area to board a ship and anchor, berth, moor or move it.\nIn this section—\nsuitably qualified person means a person—\nwho is a shipping inspector or may be appointed as a shipping inspector under section 157 (1) of the Act ; and\nwho the issuing entity reasonably believes has qualifications, skills or experience necessary to safely carry out the direction or proposed direction.\n(sec.193-ssec.1) This section applies if a person has contravened a buoy mooring direction given to the person by an issuing entity.\n(sec.193-ssec.2) Also, this section applies if— it appears to an issuing entity there is no one to whom a buoy mooring direction may be given; and the issuing entity is reasonably satisfied that the entity must act urgently without giving a direction.\n(sec.193-ssec.3) The issuing entity may carry out the direction or proposed direction, including by asking a person who is a suitably qualified person to carry out the direction or proposed direction.\n(sec.193-ssec.4) Without limiting subsection (3) , the issuing entity or the suitably qualified person may— board a ship and operate it, including, for example, by moving or navigating it; or enter or remain in a place in, or adjacent to, an area to board a ship and anchor, berth, moor or move it.\n(sec.193-ssec.5) In this section— suitably qualified person means a person— who is a shipping inspector or may be appointed as a shipping inspector under section 157 (1) of the Act ; and who the issuing entity reasonably believes has qualifications, skills or experience necessary to safely carry out the direction or proposed direction.\n- (a) it appears to an issuing entity there is no one to whom a buoy mooring direction may be given; and\n- (b) the issuing entity is reasonably satisfied that the entity must act urgently without giving a direction.\n- (a) board a ship and operate it, including, for example, by moving or navigating it; or\n- (b) enter or remain in a place in, or adjacent to, an area to board a ship and anchor, berth, moor or move it.\n- (a) who is a shipping inspector or may be appointed as a shipping inspector under section 157 (1) of the Act ; and\n- (b) who the issuing entity reasonably believes has qualifications, skills or experience necessary to safely carry out the direction or proposed direction.","sortOrder":253},{"sectionNumber":"sec.194","sectionType":"section","heading":"Recovery by State of expenses of carrying out direction","content":"### sec.194 Recovery by State of expenses of carrying out direction\n\nThis section applies if an issuing entity incurs expense, whether the expense is the issuing entity’s expense or the State’s expense, in exercising a power under section 193 .\nThe amount of the expense may be recovered by the State as a debt from—\nif the power is exercised because of noncompliance with a buoy mooring direction—the person who did not comply with the direction; or\nif the power is exercised because of circumstances mentioned in section 193 (2) —a person to whom a buoy mooring direction could have been given but for the circumstances mentioned in section 193 (2) .\nIf, under subsection (2) , more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable.\n(sec.194-ssec.1) This section applies if an issuing entity incurs expense, whether the expense is the issuing entity’s expense or the State’s expense, in exercising a power under section 193 .\n(sec.194-ssec.2) The amount of the expense may be recovered by the State as a debt from— if the power is exercised because of noncompliance with a buoy mooring direction—the person who did not comply with the direction; or if the power is exercised because of circumstances mentioned in section 193 (2) —a person to whom a buoy mooring direction could have been given but for the circumstances mentioned in section 193 (2) .\n(sec.194-ssec.3) If, under subsection (2) , more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable.\n- (a) if the power is exercised because of noncompliance with a buoy mooring direction—the person who did not comply with the direction; or\n- (b) if the power is exercised because of circumstances mentioned in section 193 (2) —a person to whom a buoy mooring direction could have been given but for the circumstances mentioned in section 193 (2) .","sortOrder":254},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Restrictions on anchoring or operating ships","content":"# Restrictions on anchoring or operating ships","sortOrder":255},{"sectionNumber":"sec.195","sectionType":"section","heading":"Anchoring in particular places","content":"### sec.195 Anchoring in particular places\n\nThe owner or master of a ship must not anchor the ship—\nwithin 10m of a boat ramp or jetty; or\nwithin 50m of an underwater cable or pipeline if a sign indicates the presence of the cable or pipeline; or\nin waters where the presence of an anchored ship presents a danger to aircraft or other ships.\nMaximum penalty—100 penalty units.\nFor subsection (1) (c) , the general manager may, by gazette notice, state the waters where the presence of anchored ships presents a danger to aircraft or other ships.\nA copy of the current gazette notice under subsection (2) , and the associated map, are available on MSQ’s website.\n(sec.195-ssec.1) The owner or master of a ship must not anchor the ship— within 10m of a boat ramp or jetty; or within 50m of an underwater cable or pipeline if a sign indicates the presence of the cable or pipeline; or in waters where the presence of an anchored ship presents a danger to aircraft or other ships. Maximum penalty—100 penalty units.\n(sec.195-ssec.2) For subsection (1) (c) , the general manager may, by gazette notice, state the waters where the presence of anchored ships presents a danger to aircraft or other ships. A copy of the current gazette notice under subsection (2) , and the associated map, are available on MSQ’s website.\n- (a) within 10m of a boat ramp or jetty; or\n- (b) within 50m of an underwater cable or pipeline if a sign indicates the presence of the cable or pipeline; or\n- (c) in waters where the presence of an anchored ship presents a danger to aircraft or other ships.","sortOrder":256},{"sectionNumber":"sec.196","sectionType":"section","heading":"Ship operations near particular structures","content":"### sec.196 Ship operations near particular structures\n\nThe owner or master of a ship must not anchor, berth, moor or operate the ship within 100m of a dam wall, spillway or weir.\nMaximum penalty—100 penalty units.\nHowever, subsection (1) does not apply to the owner or master of a ship engaged in genuine repairs to, or maintenance work on, the dam wall, spillway or weir.\n(sec.196-ssec.1) The owner or master of a ship must not anchor, berth, moor or operate the ship within 100m of a dam wall, spillway or weir. Maximum penalty—100 penalty units.\n(sec.196-ssec.2) However, subsection (1) does not apply to the owner or master of a ship engaged in genuine repairs to, or maintenance work on, the dam wall, spillway or weir.","sortOrder":257},{"sectionNumber":"sec.197","sectionType":"section","heading":"Ship operations or activities endangering marine safety","content":"### sec.197 Ship operations or activities endangering marine safety\n\nThe owner or master of a ship must not anchor, berth, moor or operate the ship if doing so endangers marine safety.\nMaximum penalty—100 penalty units.\nFor subsection (1) , the general manager may, by gazette notice, state the waters where the anchoring, berthing, mooring or operating of a ship, or type of ship, endangers marine safety.\nThe general manager may publish a gazette notice stating that the operating of a ship within 60m either side of the boundaries of a flagged swimming area endangers marine safety.\nA copy of the current gazette notice under subsection (2) , and the associated map, are available on MSQ’s website.\nA person must not conduct an activity in waters if doing so in the waters endangers marine safety.\nwaterskiing or tobogganing\nMaximum penalty—100 penalty units.\nFor subsection (3) , the general manager may, by gazette notice, state the waters where the conducting of a stated activity endangers marine safety.\nA copy of the current gazette notice under subsection (4) , and the associated map, are available on MSQ’s website.\nThe owner or master of a ship must not operate the ship within 30m of a diver in the water if a code A flag is displayed in the vicinity of the diver.\nMaximum penalty—100 penalty units.\nHowever, subsection (5) does not apply to the ship attending the diver.\nIn this section—\ncode A flag means a code A flag within the meaning of the International Code of Signals, 2005 edition, published by the International Maritime Organization.\n(sec.197-ssec.1) The owner or master of a ship must not anchor, berth, moor or operate the ship if doing so endangers marine safety. Maximum penalty—100 penalty units.\n(sec.197-ssec.2) For subsection (1) , the general manager may, by gazette notice, state the waters where the anchoring, berthing, mooring or operating of a ship, or type of ship, endangers marine safety. The general manager may publish a gazette notice stating that the operating of a ship within 60m either side of the boundaries of a flagged swimming area endangers marine safety. A copy of the current gazette notice under subsection (2) , and the associated map, are available on MSQ’s website.\n(sec.197-ssec.3) A person must not conduct an activity in waters if doing so in the waters endangers marine safety. waterskiing or tobogganing Maximum penalty—100 penalty units.\n(sec.197-ssec.4) For subsection (3) , the general manager may, by gazette notice, state the waters where the conducting of a stated activity endangers marine safety. A copy of the current gazette notice under subsection (4) , and the associated map, are available on MSQ’s website.\n(sec.197-ssec.5) The owner or master of a ship must not operate the ship within 30m of a diver in the water if a code A flag is displayed in the vicinity of the diver. Maximum penalty—100 penalty units.\n(sec.197-ssec.6) However, subsection (5) does not apply to the ship attending the diver.\n(sec.197-ssec.7) In this section— code A flag means a code A flag within the meaning of the International Code of Signals, 2005 edition, published by the International Maritime Organization.","sortOrder":258},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Other safety matters","content":"# Other safety matters","sortOrder":259},{"sectionNumber":"sec.198","sectionType":"section","heading":"Aquatic events","content":"### sec.198 Aquatic events\n\nThis section applies to an aquatic event that is likely to affect the normal operation of ships in the area of the event.\nan aquatic event involving people swimming in an area well used by ships\nan aquatic event being held in a river where ships will continue to operate\nA person must not hold an aquatic event unless the event is authorised by a consent under this section.\nMaximum penalty—50 penalty units.\nThe consenting entity may grant a consent—\nto hold an aquatic event on only 1 day; or\nto hold an aquatic event on 2 or more days if—\nthe event is held over a period that is not longer than 3 months; and\nthe event is held at a single venue; and\nthe consent imposes conditions that are substantially the same for each part of the event.\nA person must comply with any conditions applying to the person that are imposed, under section 105 , on a consent under this section.\nMaximum penalty—50 penalty units.\nA consent under this section cannot authorise, or purport to authorise, noncompliance with this regulation.\nIn this section—\nconsenting entity , for a consent under this section for an aquatic event, means—\nif the event is to be held wholly within a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area; or\nif the event is to be held wholly within Gold Coast waters—the Gold Coast Waterways Authority; or\notherwise—the general manager.\nThe procedure for obtaining a consent under this section is in chapter 6 , part 2 .\n(sec.198-ssec.1) This section applies to an aquatic event that is likely to affect the normal operation of ships in the area of the event. an aquatic event involving people swimming in an area well used by ships an aquatic event being held in a river where ships will continue to operate\n(sec.198-ssec.2) A person must not hold an aquatic event unless the event is authorised by a consent under this section. Maximum penalty—50 penalty units.\n(sec.198-ssec.3) The consenting entity may grant a consent— to hold an aquatic event on only 1 day; or to hold an aquatic event on 2 or more days if— the event is held over a period that is not longer than 3 months; and the event is held at a single venue; and the consent imposes conditions that are substantially the same for each part of the event.\n(sec.198-ssec.4) A person must comply with any conditions applying to the person that are imposed, under section 105 , on a consent under this section. Maximum penalty—50 penalty units.\n(sec.198-ssec.5) A consent under this section cannot authorise, or purport to authorise, noncompliance with this regulation.\n(sec.198-ssec.6) In this section— consenting entity , for a consent under this section for an aquatic event, means— if the event is to be held wholly within a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area; or if the event is to be held wholly within Gold Coast waters—the Gold Coast Waterways Authority; or otherwise—the general manager. The procedure for obtaining a consent under this section is in chapter 6 , part 2 .\n- • an aquatic event involving people swimming in an area well used by ships\n- • an aquatic event being held in a river where ships will continue to operate\n- (a) to hold an aquatic event on only 1 day; or\n- (b) to hold an aquatic event on 2 or more days if— (i) the event is held over a period that is not longer than 3 months; and (ii) the event is held at a single venue; and (iii) the consent imposes conditions that are substantially the same for each part of the event.\n- (i) the event is held over a period that is not longer than 3 months; and\n- (ii) the event is held at a single venue; and\n- (iii) the consent imposes conditions that are substantially the same for each part of the event.\n- (i) the event is held over a period that is not longer than 3 months; and\n- (ii) the event is held at a single venue; and\n- (iii) the consent imposes conditions that are substantially the same for each part of the event.\n- (a) if the event is to be held wholly within a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area; or\n- (b) if the event is to be held wholly within Gold Coast waters—the Gold Coast Waterways Authority; or\n- (c) otherwise—the general manager.","sortOrder":260},{"sectionNumber":"sec.199","sectionType":"section","heading":"Waterskiing","content":"### sec.199 Waterskiing\n\nA skier must wear a lifejacket level 50, lifejacket level 50S or lifejacket level 100.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a skier if—\nthe skier is participating in a skiing event; and\nit is impractical or unsafe for the skier to wear a lifejacket.\nA person (an operator ) must not operate a ship towing a skier unless—\nif the skier is required to wear a lifejacket level 50, lifejacket level 50S or lifejacket level 100 under subsection (1) —the skier is wearing the lifejacket; and\nthere is another person (an observer ) on the ship, who is 13 years or more, and is competent to act under subsection (4) , watching the skier at all times.\nMaximum penalty—100 penalty units.\nThe observer must immediately tell the operator if—\nthere is a danger, or potential for danger, to the skier; or\nthe skier signals the observer; or\nthe skier has a mishap.\nIn this section—\nskier means a person who is towed by a line attached to a ship, including, for example, a person riding on a toboggan or tube.\nskiing event means any of the following—\na commercial display involving waterskiing;\na trick or novelty waterskiing event in a program of events organised by a genuine water sports entity;\na genuine practice session for a display or event mentioned in paragraph (a) or (b) .\ns 199 amd 2022 SL No. 20 s 12 sch 1\n(sec.199-ssec.1) A skier must wear a lifejacket level 50, lifejacket level 50S or lifejacket level 100. Maximum penalty—100 penalty units.\n(sec.199-ssec.2) Subsection (1) does not apply to a skier if— the skier is participating in a skiing event; and it is impractical or unsafe for the skier to wear a lifejacket.\n(sec.199-ssec.3) A person (an operator ) must not operate a ship towing a skier unless— if the skier is required to wear a lifejacket level 50, lifejacket level 50S or lifejacket level 100 under subsection (1) —the skier is wearing the lifejacket; and there is another person (an observer ) on the ship, who is 13 years or more, and is competent to act under subsection (4) , watching the skier at all times. Maximum penalty—100 penalty units.\n(sec.199-ssec.4) The observer must immediately tell the operator if— there is a danger, or potential for danger, to the skier; or the skier signals the observer; or the skier has a mishap.\n(sec.199-ssec.5) In this section— skier means a person who is towed by a line attached to a ship, including, for example, a person riding on a toboggan or tube. skiing event means any of the following— a commercial display involving waterskiing; a trick or novelty waterskiing event in a program of events organised by a genuine water sports entity; a genuine practice session for a display or event mentioned in paragraph (a) or (b) .\n- (a) the skier is participating in a skiing event; and\n- (b) it is impractical or unsafe for the skier to wear a lifejacket.\n- (a) if the skier is required to wear a lifejacket level 50, lifejacket level 50S or lifejacket level 100 under subsection (1) —the skier is wearing the lifejacket; and\n- (b) there is another person (an observer ) on the ship, who is 13 years or more, and is competent to act under subsection (4) , watching the skier at all times.\n- (a) there is a danger, or potential for danger, to the skier; or\n- (b) the skier signals the observer; or\n- (c) the skier has a mishap.\n- (a) a commercial display involving waterskiing;\n- (b) a trick or novelty waterskiing event in a program of events organised by a genuine water sports entity;\n- (c) a genuine practice session for a display or event mentioned in paragraph (a) or (b) .","sortOrder":261},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Fees and charges, other than pilotage fees and conservancy dues","content":"# Fees and charges, other than pilotage fees and conservancy dues","sortOrder":262},{"sectionNumber":"sec.200","sectionType":"section","heading":"Fees and charges","content":"### sec.200 Fees and charges\n\nThe fees and charges, other than pilotage fees and conservancy dues, payable under the Act are stated in schedule 6 , part 1 .\nA fee payable under schedule 6 , part 1 , division 1 for the registration, or renewal of registration, of a Queensland regulated ship for a term is the fee in force on 1 July in the financial year in which the term starts.\nA fee payable under schedule 6 , part 1 , division 4 , item 13(b) for the occupation component of a buoy mooring approval is the fee in force on 1 July in the financial year in which the offer to occupy the buoy mooring is accepted by the person who applied for the approval.\nA fee payable under schedule 6 , part 1 , division 4 , item 14 for the renewal of a buoy mooring approval is the fee in force on 1 July in the financial year in which the renewed term starts.\nIn this regulation, a reference to a fee for a matter mentioned in schedule 6 , part 1 is a reference to the fee or charge stated for the matter in schedule 6 , part 1 .\ns 200 amd 2022 SL No. 56 s 25\n(sec.200-ssec.1) The fees and charges, other than pilotage fees and conservancy dues, payable under the Act are stated in schedule 6 , part 1 .\n(sec.200-ssec.2) A fee payable under schedule 6 , part 1 , division 1 for the registration, or renewal of registration, of a Queensland regulated ship for a term is the fee in force on 1 July in the financial year in which the term starts.\n(sec.200-ssec.3) A fee payable under schedule 6 , part 1 , division 4 , item 13(b) for the occupation component of a buoy mooring approval is the fee in force on 1 July in the financial year in which the offer to occupy the buoy mooring is accepted by the person who applied for the approval.\n(sec.200-ssec.4) A fee payable under schedule 6 , part 1 , division 4 , item 14 for the renewal of a buoy mooring approval is the fee in force on 1 July in the financial year in which the renewed term starts.\n(sec.200-ssec.5) In this regulation, a reference to a fee for a matter mentioned in schedule 6 , part 1 is a reference to the fee or charge stated for the matter in schedule 6 , part 1 .","sortOrder":263},{"sectionNumber":"sec.201","sectionType":"section","heading":"Exemption or concession from registration fees","content":"### sec.201 Exemption or concession from registration fees\n\nNo registration fee is payable for a recreational ship if the owner of the ship receives a totally and permanently incapacitated war pension.\nA recreational ship is exempt from 50% of the registration component of the registration fee for the ship if the owner of the ship—\nholds a pensioner concession card or a seniors card; or\nreceives—\na full-rate age pension; or\na disability support pension; or\nan Australian/United Kingdom reciprocal pension; or\na service or general rate disability pension.\nIf a person mentioned in subsection (1) or (2) has 2 or more recreational ships, subsection (1) or (2) applies for only 1 recreational ship owned by the person that is nominated by the person for this section.\nNo registration fee is payable for a ship owned or operated by an accredited surf life saving club and used for rescue purposes.\nNo registration fee is payable for a ship used exclusively by a school.\nIn this section—\npensioner concession card means a card known as a pensioner concession card issued under a Commonwealth law.\nseniors card means a Queensland Government seniors card.\n(sec.201-ssec.1) No registration fee is payable for a recreational ship if the owner of the ship receives a totally and permanently incapacitated war pension.\n(sec.201-ssec.2) A recreational ship is exempt from 50% of the registration component of the registration fee for the ship if the owner of the ship— holds a pensioner concession card or a seniors card; or receives— a full-rate age pension; or a disability support pension; or an Australian/United Kingdom reciprocal pension; or a service or general rate disability pension.\n(sec.201-ssec.3) If a person mentioned in subsection (1) or (2) has 2 or more recreational ships, subsection (1) or (2) applies for only 1 recreational ship owned by the person that is nominated by the person for this section.\n(sec.201-ssec.4) No registration fee is payable for a ship owned or operated by an accredited surf life saving club and used for rescue purposes.\n(sec.201-ssec.5) No registration fee is payable for a ship used exclusively by a school.\n(sec.201-ssec.6) In this section— pensioner concession card means a card known as a pensioner concession card issued under a Commonwealth law. seniors card means a Queensland Government seniors card.\n- (a) holds a pensioner concession card or a seniors card; or\n- (b) receives— (i) a full-rate age pension; or (ii) a disability support pension; or (iii) an Australian/United Kingdom reciprocal pension; or (iv) a service or general rate disability pension.\n- (i) a full-rate age pension; or\n- (ii) a disability support pension; or\n- (iii) an Australian/United Kingdom reciprocal pension; or\n- (iv) a service or general rate disability pension.\n- (i) a full-rate age pension; or\n- (ii) a disability support pension; or\n- (iii) an Australian/United Kingdom reciprocal pension; or\n- (iv) a service or general rate disability pension.","sortOrder":264},{"sectionNumber":"sec.202","sectionType":"section","heading":"Refund of fees if application refused","content":"### sec.202 Refund of fees if application refused\n\nSubsection (2) applies if the administering agency refuses an application for any of the following—\nthe registration of a Queensland regulated ship;\nthe renewal or amendment of the registration of a Queensland regulated ship;\na recreational marine driver licence or personal watercraft licence;\nthe renewal or amendment of a recreational marine driver licence or personal watercraft licence;\nthe transfer of the registration of a Queensland regulated ship.\nThe administering agency must refund the fees paid by the applicant in relation to the application, other than the reasonable costs of assessing the application.\n(sec.202-ssec.1) Subsection (2) applies if the administering agency refuses an application for any of the following— the registration of a Queensland regulated ship; the renewal or amendment of the registration of a Queensland regulated ship; a recreational marine driver licence or personal watercraft licence; the renewal or amendment of a recreational marine driver licence or personal watercraft licence; the transfer of the registration of a Queensland regulated ship.\n(sec.202-ssec.2) The administering agency must refund the fees paid by the applicant in relation to the application, other than the reasonable costs of assessing the application.\n- (a) the registration of a Queensland regulated ship;\n- (b) the renewal or amendment of the registration of a Queensland regulated ship;\n- (c) a recreational marine driver licence or personal watercraft licence;\n- (d) the renewal or amendment of a recreational marine driver licence or personal watercraft licence;\n- (e) the transfer of the registration of a Queensland regulated ship.","sortOrder":265},{"sectionNumber":"sec.203","sectionType":"section","heading":"Refund of fees if registration surrendered","content":"### sec.203 Refund of fees if registration surrendered\n\nThis section applies if, under section 125 , the administering agency receives a surrender of a Queensland regulated ship’s registration.\nThe administering agency must refund to the person in whose name the ship was registered the unexpired part (the refund ) of the registration fee for the ship.\nThe refund is to be worked out on a proportional basis according to the number of whole days from the end of the day when the registration was surrendered to the end of the day when the ship’s registration would have otherwise expired.\nThe administering agency may deduct from the refund the administration fee for this section.\n(sec.203-ssec.1) This section applies if, under section 125 , the administering agency receives a surrender of a Queensland regulated ship’s registration.\n(sec.203-ssec.2) The administering agency must refund to the person in whose name the ship was registered the unexpired part (the refund ) of the registration fee for the ship.\n(sec.203-ssec.3) The refund is to be worked out on a proportional basis according to the number of whole days from the end of the day when the registration was surrendered to the end of the day when the ship’s registration would have otherwise expired.\n(sec.203-ssec.4) The administering agency may deduct from the refund the administration fee for this section.","sortOrder":266},{"sectionNumber":"sec.204","sectionType":"section","heading":"Refund of criminal history fees for training program approval","content":"### sec.204 Refund of criminal history fees for training program approval\n\nThis section applies if—\nan applicant for a training program approval has paid the criminal history fee for a number of persons (the proposed number ); and\nthe chief executive or the general manager asks the commissioner of the police service for a criminal history check for a smaller number of persons (the actual number ) than the proposed number.\nThe criminal history fee for the difference between the proposed number and the actual number must be refunded to the applicant.\n(sec.204-ssec.1) This section applies if— an applicant for a training program approval has paid the criminal history fee for a number of persons (the proposed number ); and the chief executive or the general manager asks the commissioner of the police service for a criminal history check for a smaller number of persons (the actual number ) than the proposed number.\n(sec.204-ssec.2) The criminal history fee for the difference between the proposed number and the actual number must be refunded to the applicant.\n- (a) an applicant for a training program approval has paid the criminal history fee for a number of persons (the proposed number ); and\n- (b) the chief executive or the general manager asks the commissioner of the police service for a criminal history check for a smaller number of persons (the actual number ) than the proposed number.","sortOrder":267},{"sectionNumber":"sec.205","sectionType":"section","heading":"Waiver of criminal history fee for training program approval","content":"### sec.205 Waiver of criminal history fee for training program approval\n\nThis section applies to an application for a training program approval.\nThe administering agency may waive the payment of the criminal history fee for a person.\n(sec.205-ssec.1) This section applies to an application for a training program approval.\n(sec.205-ssec.2) The administering agency may waive the payment of the criminal history fee for a person.","sortOrder":268},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Pilotage fees and conservancy dues","content":"# Pilotage fees and conservancy dues","sortOrder":269},{"sectionNumber":"ch.10-pt.2-div.1","sectionType":"division","heading":"Pilotage fees","content":"## Pilotage fees","sortOrder":270},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application of division","content":"### sec.206 Application of division\n\nThis division applies to ships to which part 8 of the Act applies.\ns 206 sub 2022 SL No. 56 s 26","sortOrder":271},{"sectionNumber":"sec.206A","sectionType":"section","heading":"Fees for navigating ship in pilotage area using pilot","content":"### sec.206A Fees for navigating ship in pilotage area using pilot\n\nSchedule 6 , part 2 , division 1 states the fees payable for a person navigating a ship in a pilotage area using the services of a pilot.\nFor schedule 6 , part 2 , division 1 , a relevant movement for a ship is—\na ship’s arrival at, or departure from, a pilotage area; or\na ship’s removal to another berth or anchorage in a pilotage area.\nSubsection (4) applies if the port shipping manual for a pilotage area states, or the general manager reasonably believes for a pilotage area, that for safety reasons the services of more than 1 pilot (other than an excluded pilot) are to be used for an arrival, departure or removal of a ship in the pilotage area.\nThe fee stated in schedule 6 , part 2 , division 1 is payable for each pilot other than an excluded pilot.\nAlso, if a ship departs from a pilotage area and a pilot can not leave the ship after pilotage of the ships ends, an additional fee for the amount of the reasonable costs of returning the pilot to the pilotage area is payable, unless the pilot is not able to leave the ship because of something beyond the control of the ship’s master.\nIn this section—\nexcluded pilot means a person who is—\na supervising pilot; or\nbeing trained as a pilot, or having their competence as a pilot assessed, by a supervising pilot.\nport shipping manual , for a pilotage area, means the document called ‘Port procedures and information for shipping’ for the pilotage area.\nThe port shipping manual for a pilotage area is available on request from MSQ or on MSQ’s website.\nsupervising pilot see section 101 (5) of the Act .\ns 206A ins 2022 SL No. 56 s 26\n(sec.206A-ssec.1) Schedule 6 , part 2 , division 1 states the fees payable for a person navigating a ship in a pilotage area using the services of a pilot.\n(sec.206A-ssec.2) For schedule 6 , part 2 , division 1 , a relevant movement for a ship is— a ship’s arrival at, or departure from, a pilotage area; or a ship’s removal to another berth or anchorage in a pilotage area.\n(sec.206A-ssec.3) Subsection (4) applies if the port shipping manual for a pilotage area states, or the general manager reasonably believes for a pilotage area, that for safety reasons the services of more than 1 pilot (other than an excluded pilot) are to be used for an arrival, departure or removal of a ship in the pilotage area.\n(sec.206A-ssec.4) The fee stated in schedule 6 , part 2 , division 1 is payable for each pilot other than an excluded pilot.\n(sec.206A-ssec.5) Also, if a ship departs from a pilotage area and a pilot can not leave the ship after pilotage of the ships ends, an additional fee for the amount of the reasonable costs of returning the pilot to the pilotage area is payable, unless the pilot is not able to leave the ship because of something beyond the control of the ship’s master.\n(sec.206A-ssec.6) In this section— excluded pilot means a person who is— a supervising pilot; or being trained as a pilot, or having their competence as a pilot assessed, by a supervising pilot. port shipping manual , for a pilotage area, means the document called ‘Port procedures and information for shipping’ for the pilotage area. The port shipping manual for a pilotage area is available on request from MSQ or on MSQ’s website. supervising pilot see section 101 (5) of the Act .\n- (a) a ship’s arrival at, or departure from, a pilotage area; or\n- (b) a ship’s removal to another berth or anchorage in a pilotage area.\n- (a) a supervising pilot; or\n- (b) being trained as a pilot, or having their competence as a pilot assessed, by a supervising pilot.","sortOrder":272},{"sectionNumber":"sec.206B","sectionType":"section","heading":"Fees for cancelling pilotage services","content":"### sec.206B Fees for cancelling pilotage services\n\nSchedule 6 , part 2 , division 2 states the fees payable if the owner or master of a ship cancels a pilotage service for the ship arranged with a harbour master for a pilotage area without giving the harbour master appropriate notice of the cancellation.\nIn this section—\nappropriate notice means notice of at least—\nif the general manager considers a period of less than 3 hours is necessary for the effective and efficient operation of the pilotage service in a pilotage area—the period stated by the general manager by gazette notice for the pilotage area; or\notherwise—3 hours.\ns 206B ins 2022 SL No. 56 s 26\n(sec.206B-ssec.1) Schedule 6 , part 2 , division 2 states the fees payable if the owner or master of a ship cancels a pilotage service for the ship arranged with a harbour master for a pilotage area without giving the harbour master appropriate notice of the cancellation.\n(sec.206B-ssec.2) In this section— appropriate notice means notice of at least— if the general manager considers a period of less than 3 hours is necessary for the effective and efficient operation of the pilotage service in a pilotage area—the period stated by the general manager by gazette notice for the pilotage area; or otherwise—3 hours.\n- (a) if the general manager considers a period of less than 3 hours is necessary for the effective and efficient operation of the pilotage service in a pilotage area—the period stated by the general manager by gazette notice for the pilotage area; or\n- (b) otherwise—3 hours.","sortOrder":273},{"sectionNumber":"sec.206C","sectionType":"section","heading":"Fees for delaying pilotage services","content":"### sec.206C Fees for delaying pilotage services\n\nSchedule 6 , part 2 , division 3 states the fees payable if—\nthe owner or master of a ship—\nhas arranged a pilotage service for the ship with a harbour master; and\nhas not given the harbour master appropriate notice of a cancellation of the pilotage service under section 206B ; and\nthe pilotage service for the ship is delayed for longer than 30 minutes, but not longer than 2 hours, after the time arranged for the service with the harbour master.\nThe fee payable is—\nif the pilotage service for the ship is delayed for longer than 30 minutes but not longer than 1 hour—the fee stated in schedule 6 , part 2 , division 3 ; or\nif the pilotage service for the ship is delayed for longer than 1 hour but not longer than the cancellation period—the fee stated in schedule 6 , part 2 , division 3 for each hour, or part of an hour, the service is delayed.\nIf the pilotage service for the ship is delayed for longer than the cancellation period—\nthe pilotage service is taken to have been cancelled; and\nthe fee for cancelling the pilotage service under schedule 6 , part 2 , division 2 is payable as if the service had been cancelled without appropriate notice under section 206B .\nIn this section—\ncancellation period means a delay of longer than—\nif the general manager considers a period of longer than 2 hours is necessary for the effective and efficient operation of the pilotage service in a pilotage area—the period stated by the general manager by gazette notice for the pilotage area; or\notherwise—2 hours.\ndelay does not include delay caused by weather affecting a ship’s ability to be safely navigated.\ns 206C ins 2022 SL No. 56 s 26\n(sec.206C-ssec.1) Schedule 6 , part 2 , division 3 states the fees payable if— the owner or master of a ship— has arranged a pilotage service for the ship with a harbour master; and has not given the harbour master appropriate notice of a cancellation of the pilotage service under section 206B ; and the pilotage service for the ship is delayed for longer than 30 minutes, but not longer than 2 hours, after the time arranged for the service with the harbour master.\n(sec.206C-ssec.2) The fee payable is— if the pilotage service for the ship is delayed for longer than 30 minutes but not longer than 1 hour—the fee stated in schedule 6 , part 2 , division 3 ; or if the pilotage service for the ship is delayed for longer than 1 hour but not longer than the cancellation period—the fee stated in schedule 6 , part 2 , division 3 for each hour, or part of an hour, the service is delayed.\n(sec.206C-ssec.3) If the pilotage service for the ship is delayed for longer than the cancellation period— the pilotage service is taken to have been cancelled; and the fee for cancelling the pilotage service under schedule 6 , part 2 , division 2 is payable as if the service had been cancelled without appropriate notice under section 206B .\n(sec.206C-ssec.4) In this section— cancellation period means a delay of longer than— if the general manager considers a period of longer than 2 hours is necessary for the effective and efficient operation of the pilotage service in a pilotage area—the period stated by the general manager by gazette notice for the pilotage area; or otherwise—2 hours. delay does not include delay caused by weather affecting a ship’s ability to be safely navigated.\n- (a) the owner or master of a ship— (i) has arranged a pilotage service for the ship with a harbour master; and (ii) has not given the harbour master appropriate notice of a cancellation of the pilotage service under section 206B ; and\n- (i) has arranged a pilotage service for the ship with a harbour master; and\n- (ii) has not given the harbour master appropriate notice of a cancellation of the pilotage service under section 206B ; and\n- (b) the pilotage service for the ship is delayed for longer than 30 minutes, but not longer than 2 hours, after the time arranged for the service with the harbour master.\n- (i) has arranged a pilotage service for the ship with a harbour master; and\n- (ii) has not given the harbour master appropriate notice of a cancellation of the pilotage service under section 206B ; and\n- (a) if the pilotage service for the ship is delayed for longer than 30 minutes but not longer than 1 hour—the fee stated in schedule 6 , part 2 , division 3 ; or\n- (b) if the pilotage service for the ship is delayed for longer than 1 hour but not longer than the cancellation period—the fee stated in schedule 6 , part 2 , division 3 for each hour, or part of an hour, the service is delayed.\n- (a) the pilotage service is taken to have been cancelled; and\n- (b) the fee for cancelling the pilotage service under schedule 6 , part 2 , division 2 is payable as if the service had been cancelled without appropriate notice under section 206B .\n- (a) if the general manager considers a period of longer than 2 hours is necessary for the effective and efficient operation of the pilotage service in a pilotage area—the period stated by the general manager by gazette notice for the pilotage area; or\n- (b) otherwise—2 hours.","sortOrder":274},{"sectionNumber":"sec.207","sectionType":"section","heading":"Exemption from pilotage fee for removal of a ship that is part of arrival or departure","content":"### sec.207 Exemption from pilotage fee for removal of a ship that is part of arrival or departure\n\nIf a removal of a ship is part of the ship’s arrival at, or departure from, a pilotage area, no pilotage fee is payable for the removal.","sortOrder":275},{"sectionNumber":"ch.10-pt.2-div.2","sectionType":"division","heading":"Conservancy dues","content":"## Conservancy dues","sortOrder":276},{"sectionNumber":"sec.208","sectionType":"section","heading":"Conservancy dues","content":"### sec.208 Conservancy dues\n\nThis section applies to ships mentioned in section 163 (1) .\nThe conservancy dues payable for the ships under the Act are stated in schedule 6 , part 3 .\n(sec.208-ssec.1) This section applies to ships mentioned in section 163 (1) .\n(sec.208-ssec.2) The conservancy dues payable for the ships under the Act are stated in schedule 6 , part 3 .","sortOrder":277},{"sectionNumber":"sec.208A","sectionType":"section","heading":"When conservancy dues are payable","content":"### sec.208A When conservancy dues are payable\n\nA conservancy due stated in schedule 6 , part 3 is payable for a ship on the day the ship completes its first arrival at, removal within or departure from, a compulsory pilotage area.\nThe conservancy due covers all the ship’s arrivals at, removals within or departures from, any compulsory pilotage area for 30 days from the day mentioned in subsection (1) .\nAfter the 30 days mentioned in subsection (2) , subsections (1) and (2) apply again.\ns 208A ins 2022 SL No. 56 s 27\n(sec.208A-ssec.1) A conservancy due stated in schedule 6 , part 3 is payable for a ship on the day the ship completes its first arrival at, removal within or departure from, a compulsory pilotage area.\n(sec.208A-ssec.2) The conservancy due covers all the ship’s arrivals at, removals within or departures from, any compulsory pilotage area for 30 days from the day mentioned in subsection (1) .\n(sec.208A-ssec.3) After the 30 days mentioned in subsection (2) , subsections (1) and (2) apply again.","sortOrder":278},{"sectionNumber":"sec.209","sectionType":"section","heading":"Exemption for conservancy dues for ships arriving at a pilotage area for particular purposes","content":"### sec.209 Exemption for conservancy dues for ships arriving at a pilotage area for particular purposes\n\nNo conservancy dues are payable for a ship that arrives at a pilotage area for any of the following purposes and does not otherwise discharge or load any cargo or land or take on board any passenger in the pilotage area—\ndischarging residue or slops;\nrelieving stress of weather or distress to the ship from anything else;\ntaking off a sick or injured passenger or any of the ship’s crew;\neffecting repairs;\nrefitting or docking;\nobtaining fuel or provisions for the ship.\n- (a) discharging residue or slops;\n- (b) relieving stress of weather or distress to the ship from anything else;\n- (c) taking off a sick or injured passenger or any of the ship’s crew;\n- (d) effecting repairs;\n- (e) refitting or docking;\n- (f) obtaining fuel or provisions for the ship.","sortOrder":279},{"sectionNumber":"sec.209A","sectionType":"section","heading":"Exemption for conservancy dues for ships in Amrun pilotage area","content":"### sec.209A Exemption for conservancy dues for ships in Amrun pilotage area\n\nNo conservancy dues are payable for a ship’s arrival at, removal within or departure from the Amrun pilotage area.\ns 209A ins 2017 SL No. 20 s 3","sortOrder":280},{"sectionNumber":"ch.10-pt.2-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":281},{"sectionNumber":"sec.210","sectionType":"section","heading":"Liability for pilotage fees and conservancy dues","content":"### sec.210 Liability for pilotage fees and conservancy dues\n\nThe owner of a ship is liable for the pilotage fees and conservancy dues payable for the ship under the Act .\nThe owner of a ship must pay pilotage fees or conservancy dues for the ship within 30 days after the day the invoice for the fees or dues is issued.\nUnpaid pilotage fees or conservancy dues for a ship payable under the Act may be recovered by the State from the ship’s owner as a debt.\ns 210 amd 2019 SL No. 121 s 6\n(sec.210-ssec.1) The owner of a ship is liable for the pilotage fees and conservancy dues payable for the ship under the Act .\n(sec.210-ssec.2) The owner of a ship must pay pilotage fees or conservancy dues for the ship within 30 days after the day the invoice for the fees or dues is issued.\n(sec.210-ssec.3) Unpaid pilotage fees or conservancy dues for a ship payable under the Act may be recovered by the State from the ship’s owner as a debt.","sortOrder":282},{"sectionNumber":"sec.210A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.210A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee or charge expressed in schedule 6 , part 1 or 2 as a number of fee units.\nFor the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 210A ins 2022 SL No. 56 s 28\n(sec.210A-ssec.1) This section applies for working out the amount of a fee or charge expressed in schedule 6 , part 1 or 2 as a number of fee units.\n(sec.210A-ssec.2) For the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.","sortOrder":283},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":284},{"sectionNumber":"sec.211","sectionType":"section","heading":"Interfering with sign","content":"### sec.211 Interfering with sign\n\nThis section applies if a government entity or a local government erects a sign in or near—\nwaters stated in a gazette notice under section 197 (2) and (4) ; or\na marine zone stated in schedule 5 .\nA person must not interfere with the sign unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\n(sec.211-ssec.1) This section applies if a government entity or a local government erects a sign in or near— waters stated in a gazette notice under section 197 (2) and (4) ; or a marine zone stated in schedule 5 .\n(sec.211-ssec.2) A person must not interfere with the sign unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n- (a) waters stated in a gazette notice under section 197 (2) and (4) ; or\n- (b) a marine zone stated in schedule 5 .","sortOrder":285},{"sectionNumber":"sec.212","sectionType":"section","heading":"Appointment of shipping inspectors","content":"### sec.212 Appointment of shipping inspectors\n\nFor section 157 (1) (f) of the Act , the following persons are prescribed—\na local government employee or officer;\nan employee of a water authority under the Water Act 2000 ;\nan employee of SunWater Limited ACN 131 034 985;\nan employee of the Queensland Bulk Water Supply Authority.\nIn this section—\nemployee , of an entity, includes an agent of the entity, if the agent is an individual.\ns 212 amd 2024 SL No. 188 s 11\n(sec.212-ssec.1) For section 157 (1) (f) of the Act , the following persons are prescribed— a local government employee or officer; an employee of a water authority under the Water Act 2000 ; an employee of SunWater Limited ACN 131 034 985; an employee of the Queensland Bulk Water Supply Authority.\n(sec.212-ssec.2) In this section— employee , of an entity, includes an agent of the entity, if the agent is an individual.\n- (a) a local government employee or officer;\n- (b) an employee of a water authority under the Water Act 2000 ;\n- (c) an employee of SunWater Limited ACN 131 034 985;\n- (d) an employee of the Queensland Bulk Water Supply Authority.","sortOrder":286},{"sectionNumber":"sec.213","sectionType":"section","heading":"Where register of division 3 undertakings must be kept","content":"### sec.213 Where register of division 3 undertakings must be kept\n\nFor section 183L of the Act , the place where the register of division 3 undertakings is available for public inspection is the office of the general manager.\nThe address for the general manager is available on MSQ’s website.","sortOrder":287},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":288},{"sectionNumber":"sec.214","sectionType":"section","heading":"Repeals","content":"### sec.214 Repeals\n\nThe following standards are repealed—\nTransport Operations (Marine Safety—Accreditation as Ship Designer, Ship Builder or Marine Surveyor) Standard 2006 SL No. 18\nTransport Operations (Marine Safety—Bareboat Ships) Standard 2007 SL No. 113\nTransport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Standard 2006 SL No. 16\nTransport Operations (Marine Safety—Designing and Building Commercial Ships and Fishing Ships) Standard 2006 SL No. 17\nTransport Operations (Marine Safety—Examining and Training Program Approvals (Commercial Ships and Fishing Ships)) Standard 2007 SL No. 111\nTransport Operations (Marine Safety—Examining and Training Program Approvals (Recreational Ships and Personal Watercraft)) Standard 2005 SL No. 327\nTransport Operations (Marine Safety—Hire and Drive Ships) Standard 2007 SL No. 112\nTransport Operations (Marine Safety—Parasailing) Standard 2007 SL No. 110.\n- • Transport Operations (Marine Safety—Accreditation as Ship Designer, Ship Builder or Marine Surveyor) Standard 2006 SL No. 18\n- • Transport Operations (Marine Safety—Bareboat Ships) Standard 2007 SL No. 113\n- • Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Standard 2006 SL No. 16\n- • Transport Operations (Marine Safety—Designing and Building Commercial Ships and Fishing Ships) Standard 2006 SL No. 17\n- • Transport Operations (Marine Safety—Examining and Training Program Approvals (Commercial Ships and Fishing Ships)) Standard 2007 SL No. 111\n- • Transport Operations (Marine Safety—Examining and Training Program Approvals (Recreational Ships and Personal Watercraft)) Standard 2005 SL No. 327\n- • Transport Operations (Marine Safety—Hire and Drive Ships) Standard 2007 SL No. 112\n- • Transport Operations (Marine Safety—Parasailing) Standard 2007 SL No. 110.","sortOrder":289},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Transitional provisions for SL No. 154 of 2016","content":"# Transitional provisions for SL No. 154 of 2016","sortOrder":290},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":291},{"sectionNumber":"sec.215","sectionType":"section","heading":"Definitions for part","content":"### sec.215 Definitions for part\n\nIn this part—\n2004 authority means any of the following—\nan approval, other than the registration of—\na ship to which part 19 , division 7 , subdivision 2 of the Act applies; or\na ship that is a domestic commercial vessel;\nan approval of an entity to conduct examinations under former section 103;\nan approval of an entity to provide training programs under former section 104;\na temporary permit under former section 106 to operate a ship as a master or act as a crew member;\na consent under former section 122 to use or display prescribed signals of distress for training or demonstration;\na pilotage exemption certificate under former section 179;\nan approval to establish a buoy mooring under former section 209;\na consent under former section 218 to hold an aquatic event.\n2004 regulation means the Transport Operations (Marine Safety) Regulation 2004 as in force before the commencement.\nequivalent provision , for a provision of the 2004 regulation, means the provision of this regulation dealing with the same subject matter as the provision of the 2004 regulation.\nformer , for a provision, means the provision of that number of the 2004 regulation.\n- (a) an approval, other than the registration of— (i) a ship to which part 19 , division 7 , subdivision 2 of the Act applies; or (ii) a ship that is a domestic commercial vessel;\n- (i) a ship to which part 19 , division 7 , subdivision 2 of the Act applies; or\n- (ii) a ship that is a domestic commercial vessel;\n- (b) an approval of an entity to conduct examinations under former section 103;\n- (c) an approval of an entity to provide training programs under former section 104;\n- (d) a temporary permit under former section 106 to operate a ship as a master or act as a crew member;\n- (e) a consent under former section 122 to use or display prescribed signals of distress for training or demonstration;\n- (f) a pilotage exemption certificate under former section 179;\n- (g) an approval to establish a buoy mooring under former section 209;\n- (h) a consent under former section 218 to hold an aquatic event.\n- (i) a ship to which part 19 , division 7 , subdivision 2 of the Act applies; or\n- (ii) a ship that is a domestic commercial vessel;","sortOrder":292},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":"Provisions about authorities, marine licences and marine licence indicators","content":"## Provisions about authorities, marine licences and marine licence indicators","sortOrder":293},{"sectionNumber":"sec.216","sectionType":"section","heading":"2004 authorities and marine licence indicators continued","content":"### sec.216 2004 authorities and marine licence indicators continued\n\nThis section applies to a 2004 authority or marine licence indicator for a marine licence in force immediately before the commencement.\nFrom the commencement, a 2004 authority—\ncontinues to have effect as an authority under this regulation for its remaining term unless it is earlier cancelled or surrendered; and\nis subject to the conditions to which it was subject immediately before the commencement; and\nif, immediately before the commencement, the authority is suspended under the 2004 regulation—continues to be subject to the suspension; and\nmay be amended, suspended, cancelled or surrendered under this regulation.\nFrom the commencement, a marine licence indicator for a marine licence—\ncontinues to have effect as a marine licence indicator under this regulation for the marine licence while the licence is in force; and\nif it is a smartcard marine licence indicator—\ncontinues to be a smartcard marine licence indicator for its remaining term unless the marine licence to which it relates is earlier cancelled or surrendered; and\nmay be renewed under this regulation.\nSubsection (5) applies if a process for amending, suspending or cancelling a 2004 authority continued under subsection (2) was started but not finished under the 2004 regulation before the commencement.\nThe process may be continued and finished under this regulation.\n(sec.216-ssec.1) This section applies to a 2004 authority or marine licence indicator for a marine licence in force immediately before the commencement.\n(sec.216-ssec.2) From the commencement, a 2004 authority— continues to have effect as an authority under this regulation for its remaining term unless it is earlier cancelled or surrendered; and is subject to the conditions to which it was subject immediately before the commencement; and if, immediately before the commencement, the authority is suspended under the 2004 regulation—continues to be subject to the suspension; and may be amended, suspended, cancelled or surrendered under this regulation.\n(sec.216-ssec.3) From the commencement, a marine licence indicator for a marine licence— continues to have effect as a marine licence indicator under this regulation for the marine licence while the licence is in force; and if it is a smartcard marine licence indicator— continues to be a smartcard marine licence indicator for its remaining term unless the marine licence to which it relates is earlier cancelled or surrendered; and may be renewed under this regulation.\n(sec.216-ssec.4) Subsection (5) applies if a process for amending, suspending or cancelling a 2004 authority continued under subsection (2) was started but not finished under the 2004 regulation before the commencement.\n(sec.216-ssec.5) The process may be continued and finished under this regulation.\n- (a) continues to have effect as an authority under this regulation for its remaining term unless it is earlier cancelled or surrendered; and\n- (b) is subject to the conditions to which it was subject immediately before the commencement; and\n- (c) if, immediately before the commencement, the authority is suspended under the 2004 regulation—continues to be subject to the suspension; and\n- (d) may be amended, suspended, cancelled or surrendered under this regulation.\n- (a) continues to have effect as a marine licence indicator under this regulation for the marine licence while the licence is in force; and\n- (b) if it is a smartcard marine licence indicator— (i) continues to be a smartcard marine licence indicator for its remaining term unless the marine licence to which it relates is earlier cancelled or surrendered; and (ii) may be renewed under this regulation.\n- (i) continues to be a smartcard marine licence indicator for its remaining term unless the marine licence to which it relates is earlier cancelled or surrendered; and\n- (ii) may be renewed under this regulation.\n- (i) continues to be a smartcard marine licence indicator for its remaining term unless the marine licence to which it relates is earlier cancelled or surrendered; and\n- (ii) may be renewed under this regulation.","sortOrder":294},{"sectionNumber":"sec.217","sectionType":"section","heading":"Application relating to 2004 authority or marine licence indicator taken to be application under equivalent provision","content":"### sec.217 Application relating to 2004 authority or marine licence indicator taken to be application under equivalent provision\n\nThis section applies if—\nbefore the commencement, a person applied for any of the following under the 2004 regulation—\na 2004 authority or a marine licence indicator;\na renewal of a 2004 authority or a smartcard marine licence indicator;\nan amendment of a 2004 authority;\nthe replacement of a document evidencing a 2004 authority or a replacement marine licence indicator;\nthe transfer of the registration of a Queensland regulated ship; and\nat the commencement, the application has not been finally decided.\nThe application is taken to have been made under this regulation for the equivalent matter.\nAnything done in relation to the application under the 2004 regulation is taken to have been done in relation to the application under this regulation.\nIn this section—\nequivalent matter means—\nfor a 2004 authority—an authority or marine licence under this regulation of the same kind; or\nfor a marine licence indicator—a marine licence indicator under this regulation; or\nfor a renewal of a 2004 authority or a smartcard marine licence indicator—a renewal of the 2004 authority or smartcard marine licence indicator as continued under section 216; or\nfor an amendment of a 2004 authority—an amendment of the 2004 authority as continued under section 216; or\nfor a replacement document evidencing a 2004 authority or a replacement marine licence indicator—a replacement document evidencing the 2004 authority, or a replacement marine licence indicator, as continued under section 216; or\nfor the transfer of the registration of a Queensland regulated ship—the transfer of the registration of the ship as continued under section 216.\n(sec.217-ssec.1) This section applies if— before the commencement, a person applied for any of the following under the 2004 regulation— a 2004 authority or a marine licence indicator; a renewal of a 2004 authority or a smartcard marine licence indicator; an amendment of a 2004 authority; the replacement of a document evidencing a 2004 authority or a replacement marine licence indicator; the transfer of the registration of a Queensland regulated ship; and at the commencement, the application has not been finally decided.\n(sec.217-ssec.2) The application is taken to have been made under this regulation for the equivalent matter.\n(sec.217-ssec.3) Anything done in relation to the application under the 2004 regulation is taken to have been done in relation to the application under this regulation.\n(sec.217-ssec.4) In this section— equivalent matter means— for a 2004 authority—an authority or marine licence under this regulation of the same kind; or for a marine licence indicator—a marine licence indicator under this regulation; or for a renewal of a 2004 authority or a smartcard marine licence indicator—a renewal of the 2004 authority or smartcard marine licence indicator as continued under section 216; or for an amendment of a 2004 authority—an amendment of the 2004 authority as continued under section 216; or for a replacement document evidencing a 2004 authority or a replacement marine licence indicator—a replacement document evidencing the 2004 authority, or a replacement marine licence indicator, as continued under section 216; or for the transfer of the registration of a Queensland regulated ship—the transfer of the registration of the ship as continued under section 216.\n- (a) before the commencement, a person applied for any of the following under the 2004 regulation— (i) a 2004 authority or a marine licence indicator; (ii) a renewal of a 2004 authority or a smartcard marine licence indicator; (iii) an amendment of a 2004 authority; (iv) the replacement of a document evidencing a 2004 authority or a replacement marine licence indicator; (v) the transfer of the registration of a Queensland regulated ship; and\n- (i) a 2004 authority or a marine licence indicator;\n- (ii) a renewal of a 2004 authority or a smartcard marine licence indicator;\n- (iii) an amendment of a 2004 authority;\n- (iv) the replacement of a document evidencing a 2004 authority or a replacement marine licence indicator;\n- (v) the transfer of the registration of a Queensland regulated ship; and\n- (b) at the commencement, the application has not been finally decided.\n- (i) a 2004 authority or a marine licence indicator;\n- (ii) a renewal of a 2004 authority or a smartcard marine licence indicator;\n- (iii) an amendment of a 2004 authority;\n- (iv) the replacement of a document evidencing a 2004 authority or a replacement marine licence indicator;\n- (v) the transfer of the registration of a Queensland regulated ship; and\n- (a) for a 2004 authority—an authority or marine licence under this regulation of the same kind; or\n- (b) for a marine licence indicator—a marine licence indicator under this regulation; or\n- (c) for a renewal of a 2004 authority or a smartcard marine licence indicator—a renewal of the 2004 authority or smartcard marine licence indicator as continued under section 216; or\n- (d) for an amendment of a 2004 authority—an amendment of the 2004 authority as continued under section 216; or\n- (e) for a replacement document evidencing a 2004 authority or a replacement marine licence indicator—a replacement document evidencing the 2004 authority, or a replacement marine licence indicator, as continued under section 216; or\n- (f) for the transfer of the registration of a Queensland regulated ship—the transfer of the registration of the ship as continued under section 216.","sortOrder":295},{"sectionNumber":"sec.218","sectionType":"section","heading":"Restricted use flag consent taken to be restricted use authority","content":"### sec.218 Restricted use flag consent taken to be restricted use authority\n\nThis section applies to a consent to use a restricted use flag for a ship given under former section 80 that is in force immediately before the commencement.\nFrom the commencement, the consent is taken to be a restricted use authority—\ngranted by the general manager under section 53 of this regulation; and\nauthorising the operation of the ship for the purposes for which the consent was given under former section 80; and\nsubject to any other conditions applying to the consent given under former section 80.\nFor this regulation, the purposes for which the consent was given under former section 80 are taken to be the uses for which the ship may be operated stated in the conditions of the restricted use authority.\n(sec.218-ssec.1) This section applies to a consent to use a restricted use flag for a ship given under former section 80 that is in force immediately before the commencement.\n(sec.218-ssec.2) From the commencement, the consent is taken to be a restricted use authority— granted by the general manager under section 53 of this regulation; and authorising the operation of the ship for the purposes for which the consent was given under former section 80; and subject to any other conditions applying to the consent given under former section 80.\n(sec.218-ssec.3) For this regulation, the purposes for which the consent was given under former section 80 are taken to be the uses for which the ship may be operated stated in the conditions of the restricted use authority.\n- (a) granted by the general manager under section 53 of this regulation; and\n- (b) authorising the operation of the ship for the purposes for which the consent was given under former section 80; and\n- (c) subject to any other conditions applying to the consent given under former section 80.","sortOrder":296},{"sectionNumber":"sec.219","sectionType":"section","heading":"Application for restricted use flag consent taken to be application for restricted use authority","content":"### sec.219 Application for restricted use flag consent taken to be application for restricted use authority\n\nAn application for a consent to use a restricted use flag for a ship under the 2004 regulation made but not finally decided before the commencement is taken to be an application for a restricted use authority under this regulation.\nAnything done in relation to the application under the 2004 regulation is taken to have been done in relation to the application under this regulation.\n(sec.219-ssec.1) An application for a consent to use a restricted use flag for a ship under the 2004 regulation made but not finally decided before the commencement is taken to be an application for a restricted use authority under this regulation.\n(sec.219-ssec.2) Anything done in relation to the application under the 2004 regulation is taken to have been done in relation to the application under this regulation.","sortOrder":297},{"sectionNumber":"sec.220","sectionType":"section","heading":"Temporary pilot licence continues","content":"### sec.220 Temporary pilot licence continues\n\nThis section applies to a 2004 temporary pilot licence in force immediately before the commencement.\nFrom the commencement, the 2004 temporary pilot licence—\ncontinues in effect as a temporary pilot licence granted under section 104; and\nmay be amended or suspended under this regulation.\nIn this section—\n2004 temporary pilot licence means a licence of a person to have the conduct of a ship as its pilot granted under former section 153.\n(sec.220-ssec.1) This section applies to a 2004 temporary pilot licence in force immediately before the commencement.\n(sec.220-ssec.2) From the commencement, the 2004 temporary pilot licence— continues in effect as a temporary pilot licence granted under section 104; and may be amended or suspended under this regulation.\n(sec.220-ssec.3) In this section— 2004 temporary pilot licence means a licence of a person to have the conduct of a ship as its pilot granted under former section 153.\n- (a) continues in effect as a temporary pilot licence granted under section 104; and\n- (b) may be amended or suspended under this regulation.","sortOrder":298},{"sectionNumber":"sec.221","sectionType":"section","heading":"Registration condition about maximum number of persons continues","content":"### sec.221 Registration condition about maximum number of persons continues\n\nSubsection (2) applies to an other Queensland regulated ship if—\nthe ship’s registration under the 2004 regulation is continued under section 216; and\nthere is a builders plate for the ship; and\nimmediately before the commencement, the ship’s registration certificate stated the ship may carry a higher number of persons than the number stated on the builders plate.\nSection 30(1)(b) does not apply to the ship and, from the commencement, the ship is taken to be registered on the condition that the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in the ship’s registration certificate.\nAlso, section 30(1)(b) does not apply to an other Queensland regulated ship to which section 250 of the Act applies.\n(sec.221-ssec.1) Subsection (2) applies to an other Queensland regulated ship if— the ship’s registration under the 2004 regulation is continued under section 216; and there is a builders plate for the ship; and immediately before the commencement, the ship’s registration certificate stated the ship may carry a higher number of persons than the number stated on the builders plate.\n(sec.221-ssec.2) Section 30(1)(b) does not apply to the ship and, from the commencement, the ship is taken to be registered on the condition that the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in the ship’s registration certificate.\n(sec.221-ssec.3) Also, section 30(1)(b) does not apply to an other Queensland regulated ship to which section 250 of the Act applies.\n- (a) the ship’s registration under the 2004 regulation is continued under section 216; and\n- (b) there is a builders plate for the ship; and\n- (c) immediately before the commencement, the ship’s registration certificate stated the ship may carry a higher number of persons than the number stated on the builders plate.","sortOrder":299},{"sectionNumber":"sec.222","sectionType":"section","heading":"Requirement to display registration certificate for particular ships continues","content":"### sec.222 Requirement to display registration certificate for particular ships continues\n\nThis section applies to an other Queensland regulated ship whose registration under the 2004 regulation is continued under part 19 , division 7 , subdivision 2 of the Act or section 216 .\nFormer section 75 continues to apply to the owner or master of the ship until a registration label is issued for the ship under this regulation.\nSection 38 does not apply to the owner or master of the ship until a registration label is issued for the ship under this regulation.\nIn this section—\nregistration label see section 38.\nSee section 236 in relation to the application of this provision from 1 October 2019.\ns 222 amd 2019 SL No. 51 s 13\n(sec.222-ssec.1) This section applies to an other Queensland regulated ship whose registration under the 2004 regulation is continued under part 19 , division 7 , subdivision 2 of the Act or section 216 .\n(sec.222-ssec.2) Former section 75 continues to apply to the owner or master of the ship until a registration label is issued for the ship under this regulation.\n(sec.222-ssec.3) Section 38 does not apply to the owner or master of the ship until a registration label is issued for the ship under this regulation.\n(sec.222-ssec.4) In this section— registration label see section 38.","sortOrder":300},{"sectionNumber":"sec.223","sectionType":"section","heading":"Particular requirements about changes relating to 2004 authority or marine licence indicator continue","content":"### sec.223 Particular requirements about changes relating to 2004 authority or marine licence indicator continue\n\nThis section applies if—\nbefore the commencement, a person was required to do something under any of the following provisions—\nformer section 162\nformer section 168\nformer section 169\nformer section 215(2)\nformer schedule 4A, section 162\nformer schedule 4A, section 168\nformer schedule 4A, section 169; and\nat the commencement, the person has not done the thing, and the time for doing the thing has not ended.\nThe former provision continues to apply to the person as if the 2004 regulation were still in force.\n(sec.223-ssec.1) This section applies if— before the commencement, a person was required to do something under any of the following provisions— former section 162 former section 168 former section 169 former section 215(2) former schedule 4A, section 162 former schedule 4A, section 168 former schedule 4A, section 169; and at the commencement, the person has not done the thing, and the time for doing the thing has not ended.\n(sec.223-ssec.2) The former provision continues to apply to the person as if the 2004 regulation were still in force.\n- (a) before the commencement, a person was required to do something under any of the following provisions— • former section 162 • former section 168 • former section 169 • former section 215(2) • former schedule 4A, section 162 • former schedule 4A, section 168 • former schedule 4A, section 169; and\n- • former section 162\n- • former section 168\n- • former section 169\n- • former section 215(2)\n- • former schedule 4A, section 162\n- • former schedule 4A, section 168\n- • former schedule 4A, section 169; and\n- (b) at the commencement, the person has not done the thing, and the time for doing the thing has not ended.\n- • former section 162\n- • former section 168\n- • former section 169\n- • former section 215(2)\n- • former schedule 4A, section 162\n- • former schedule 4A, section 168\n- • former schedule 4A, section 169; and","sortOrder":301},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":"Provisions about safety equipment","content":"## Provisions about safety equipment","sortOrder":302},{"sectionNumber":"sec.224","sectionType":"section","heading":"Registered EPIRB under 2004 regulation taken to have up-to-date registration","content":"### sec.224 Registered EPIRB under 2004 regulation taken to have up-to-date registration\n\nAn EPIRB registered under former section 9B immediately before the commencement is, from the commencement, taken to be registered under section 10(2) of this regulation.\nIf, immediately before the commencement, the EPIRB had up-to-date registration within the meaning of former section 9A, the EPIRB is, at the commencement, taken to have up-to-date registration under section 10 of this regulation.\n(sec.224-ssec.1) An EPIRB registered under former section 9B immediately before the commencement is, from the commencement, taken to be registered under section 10(2) of this regulation.\n(sec.224-ssec.2) If, immediately before the commencement, the EPIRB had up-to-date registration within the meaning of former section 9A, the EPIRB is, at the commencement, taken to have up-to-date registration under section 10 of this regulation.","sortOrder":303},{"sectionNumber":"sec.225","sectionType":"section","heading":"Personal flotation devices under 2004 regulation taken to be lifejackets","content":"### sec.225 Personal flotation devices under 2004 regulation taken to be lifejackets\n\nThis section applies if—\nimmediately before the commencement, a ship required to be equipped with a life jacket or personal flotation device under the 2004 regulation was equipped with a PFD type 1, 2 or 3; and\nthe ship is required to be equipped with a lifejacket under this regulation.\nFrom the commencement until the end of the personal flotation device’s serviceable life or 1 September 2025, whichever is sooner, the ship is taken to be equipped with—\nfor a ship equipped with a PFD type 1—a lifejacket 100; or\nfor a ship equipped with a PFD type 2—a lifejacket 50; or\nfor a ship equipped with a a PFD type 3—a lifejacket 50S.\nIn this section—\npersonal flotation device means a buoyancy aid worn by a person to keep the person afloat in water.\nPFD type 1 means a PFD type 1 under the 2004 regulation.\nPFD type 2 means a PFD type 2 under the 2004 regulation.\nPFD type 3 means a PFD type 3 under the 2004 regulation.\nserviceable life , for a personal flotation device, means the period ending when the personal flotation device needs to be replaced because the device—\nis irreparable; or\nis unserviceable; or\nis incapable of being restored to its original working condition; or\nhas reached the end of its service life as stated by its manufacturer.\ns 225 amd 2024 SL No. 188 s 12\n(sec.225-ssec.1) This section applies if— immediately before the commencement, a ship required to be equipped with a life jacket or personal flotation device under the 2004 regulation was equipped with a PFD type 1, 2 or 3; and the ship is required to be equipped with a lifejacket under this regulation.\n(sec.225-ssec.2) From the commencement until the end of the personal flotation device’s serviceable life or 1 September 2025, whichever is sooner, the ship is taken to be equipped with— for a ship equipped with a PFD type 1—a lifejacket 100; or for a ship equipped with a PFD type 2—a lifejacket 50; or for a ship equipped with a a PFD type 3—a lifejacket 50S.\n(sec.225-ssec.3) In this section— personal flotation device means a buoyancy aid worn by a person to keep the person afloat in water. PFD type 1 means a PFD type 1 under the 2004 regulation. PFD type 2 means a PFD type 2 under the 2004 regulation. PFD type 3 means a PFD type 3 under the 2004 regulation. serviceable life , for a personal flotation device, means the period ending when the personal flotation device needs to be replaced because the device— is irreparable; or is unserviceable; or is incapable of being restored to its original working condition; or has reached the end of its service life as stated by its manufacturer.\n- (a) immediately before the commencement, a ship required to be equipped with a life jacket or personal flotation device under the 2004 regulation was equipped with a PFD type 1, 2 or 3; and\n- (b) the ship is required to be equipped with a lifejacket under this regulation.\n- (a) for a ship equipped with a PFD type 1—a lifejacket 100; or\n- (b) for a ship equipped with a PFD type 2—a lifejacket 50; or\n- (c) for a ship equipped with a a PFD type 3—a lifejacket 50S.\n- (a) is irreparable; or\n- (b) is unserviceable; or\n- (c) is incapable of being restored to its original working condition; or\n- (d) has reached the end of its service life as stated by its manufacturer.","sortOrder":304},{"sectionNumber":"sec.226","sectionType":"section","heading":"Statements about positive flotation taken to be statements about level flotation","content":"### sec.226 Statements about positive flotation taken to be statements about level flotation\n\nA statement in the approved form for a ship that the ship has positive flotation made under a provision of the 2004 regulation mentioned in column 1 is, from the commencement, taken to be a statement in the approved form for the ship that the ship has level flotation made under the provision of this regulation mentioned in column 2—\nProvision of 2004 regulation\nProvision of this regulation\nformer section 30\nsection 13\nformer section 37\nsection 19\nformer section 38\nsection 20","sortOrder":305},{"sectionNumber":"sec.227","sectionType":"section","heading":"Safety equipment requirement about life rafts continues","content":"### sec.227 Safety equipment requirement about life rafts continues\n\nThis section applies if, immediately before the commencement, an other Queensland regulated ship was required to be equipped with a life raft under former section 13.\nThe ship is required to be equipped with the life raft until the end of the period the ship is registered, whether or not the ship’s registration is renewed.\nSection 8 applies to the life raft as if the requirement under subsection (2) were in chapter 2.\nSection 25(2) applies to the life raft as if it were mentioned in section 25(1).\n(sec.227-ssec.1) This section applies if, immediately before the commencement, an other Queensland regulated ship was required to be equipped with a life raft under former section 13.\n(sec.227-ssec.2) The ship is required to be equipped with the life raft until the end of the period the ship is registered, whether or not the ship’s registration is renewed.\n(sec.227-ssec.3) Section 8 applies to the life raft as if the requirement under subsection (2) were in chapter 2.\n(sec.227-ssec.4) Section 25(2) applies to the life raft as if it were mentioned in section 25(1).","sortOrder":306},{"sectionNumber":"ch.11-pt.2-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":307},{"sectionNumber":"sec.228","sectionType":"section","heading":"Requirement to keep particular documents about accreditation continues","content":"### sec.228 Requirement to keep particular documents about accreditation continues\n\nThis section applies if an accredited person carried on a business of ship designing, ship building or marine surveying, and brought into existence an operational plan or production record under former section 50.\nFormer section 50(6)(c) continues to apply to the accredited person as if the 2004 regulation were still in force.\nFormer section 50(6)(c) provides for the documents to be kept for at least 7 years after they are made.\nIn this section—\naccredited person means a person who was accredited as a ship designer, ship builder or marine surveyor under former section 44.\n(sec.228-ssec.1) This section applies if an accredited person carried on a business of ship designing, ship building or marine surveying, and brought into existence an operational plan or production record under former section 50.\n(sec.228-ssec.2) Former section 50(6)(c) continues to apply to the accredited person as if the 2004 regulation were still in force. Former section 50(6)(c) provides for the documents to be kept for at least 7 years after they are made.\n(sec.228-ssec.3) In this section— accredited person means a person who was accredited as a ship designer, ship builder or marine surveyor under former section 44.","sortOrder":308},{"sectionNumber":"sec.229","sectionType":"section","heading":"Application of particular reporting requirements to matters arising before commencement","content":"### sec.229 Application of particular reporting requirements to matters arising before commencement\n\nThis section applies if—\nbefore the commencement, a person was required to give, but has not given, a report about a matter under a former provision mentioned in column 1; and\nthe time for giving the report under the former provision has not ended at the commencement.\nThe provision of this regulation mentioned in column 2 applies to the person for the matter.\nProvision of 2004 regulation\nProvision of this regulation\nformer section 140\nsection 90\nformer section 140\nsection 91\nformer section 141\nsection 93\nformer section 146\nsection 98\nformer section 181\nsection 168\nformer section 181A\nsection 169\nformer section 185\nsection 171\nformer section 186\nsection 172\nformer section 187\nsection 173\nformer section 188\nsection 174\nformer section 189\nsection 175\nformer section 190\nsection 176\nformer section 212\nsection 189\nIn this section—\nreport includes notice in writing.\n(sec.229-ssec.1) This section applies if— before the commencement, a person was required to give, but has not given, a report about a matter under a former provision mentioned in column 1; and the time for giving the report under the former provision has not ended at the commencement.\n(sec.229-ssec.2) The provision of this regulation mentioned in column 2 applies to the person for the matter. Provision of 2004 regulation Provision of this regulation former section 140 section 90 former section 140 section 91 former section 141 section 93 former section 146 section 98 former section 181 section 168 former section 181A section 169 former section 185 section 171 former section 186 section 172 former section 187 section 173 former section 188 section 174 former section 189 section 175 former section 190 section 176 former section 212 section 189\n(sec.229-ssec.3) In this section— report includes notice in writing.\n- (a) before the commencement, a person was required to give, but has not given, a report about a matter under a former provision mentioned in column 1; and\n- (b) the time for giving the report under the former provision has not ended at the commencement.","sortOrder":309},{"sectionNumber":"sec.230","sectionType":"section","heading":"Gazette notices and written agreements about buoy moorings continue","content":"### sec.230 Gazette notices and written agreements about buoy moorings continue\n\nThis section applies if, immediately before the commencement, any of the following were in force—\na gazette notice under former section 207(1) or 207A(1);\na written agreement under former section 207(3) or 207A(3).\nThe gazette notice or written agreement is taken to have been made under the equivalent provision of this regulation.\n(sec.230-ssec.1) This section applies if, immediately before the commencement, any of the following were in force— a gazette notice under former section 207(1) or 207A(1); a written agreement under former section 207(3) or 207A(3).\n(sec.230-ssec.2) The gazette notice or written agreement is taken to have been made under the equivalent provision of this regulation.\n- (a) a gazette notice under former section 207(1) or 207A(1);\n- (b) a written agreement under former section 207(3) or 207A(3).","sortOrder":310},{"sectionNumber":"sec.231","sectionType":"section","heading":"Other gazette notices continue","content":"### sec.231 Other gazette notices continue\n\nThis section applies if, immediately before the commencement, a gazette notice under any of the following provisions was in force—\nformer section 195A(3)\nformer section 195B(5)\nformer section 219(2)\nformer section 221(2)\nformer section 221(4).\nThe gazette notice is taken to have been made under the equivalent provision of this regulation.\n(sec.231-ssec.1) This section applies if, immediately before the commencement, a gazette notice under any of the following provisions was in force— former section 195A(3) former section 195B(5) former section 219(2) former section 221(2) former section 221(4).\n(sec.231-ssec.2) The gazette notice is taken to have been made under the equivalent provision of this regulation.\n- • former section 195A(3)\n- • former section 195B(5)\n- • former section 219(2)\n- • former section 221(2)\n- • former section 221(4).","sortOrder":311},{"sectionNumber":"sec.232","sectionType":"section","heading":"Directions given under former ss 205, 208 or 215 continue","content":"### sec.232 Directions given under former ss 205, 208 or 215 continue\n\nThis section applies to a direction given by an issuing entity under former section 205, 208(2) or 215(4) that—\nwas given before the commencement; and\nhas not been complied with at the commencement.\nThe direction is taken to have been given by the issuing entity under the equivalent provision of this regulation.\nThe issuing entity may act under section 193 of this regulation in relation to the direction.\n(sec.232-ssec.1) This section applies to a direction given by an issuing entity under former section 205, 208(2) or 215(4) that— was given before the commencement; and has not been complied with at the commencement.\n(sec.232-ssec.2) The direction is taken to have been given by the issuing entity under the equivalent provision of this regulation.\n(sec.232-ssec.3) The issuing entity may act under section 193 of this regulation in relation to the direction.\n- (a) was given before the commencement; and\n- (b) has not been complied with at the commencement.","sortOrder":312},{"sectionNumber":"sec.233","sectionType":"section","heading":"Entitlement to recover costs for action taken under former s 216 continues","content":"### sec.233 Entitlement to recover costs for action taken under former s 216 continues\n\nThis section applies if—\nbefore the commencement, an issuing entity carried out a direction or proposed direction under former section 216; and\nat the commencement, the issuing entity has not recovered the costs of carrying out the direction or proposed direction under former section 217.\nIf proceedings for the recovery of the costs have started at the commencement, the proceedings may continue under former section 217 as if the 2004 regulation had not expired.\nIf proceedings for the recovery of the costs have not started at the commencement, the issuing entity may recover the costs under section 194 as if the direction had been carried out under section 193.\n(sec.233-ssec.1) This section applies if— before the commencement, an issuing entity carried out a direction or proposed direction under former section 216; and at the commencement, the issuing entity has not recovered the costs of carrying out the direction or proposed direction under former section 217.\n(sec.233-ssec.2) If proceedings for the recovery of the costs have started at the commencement, the proceedings may continue under former section 217 as if the 2004 regulation had not expired.\n(sec.233-ssec.3) If proceedings for the recovery of the costs have not started at the commencement, the issuing entity may recover the costs under section 194 as if the direction had been carried out under section 193.\n- (a) before the commencement, an issuing entity carried out a direction or proposed direction under former section 216; and\n- (b) at the commencement, the issuing entity has not recovered the costs of carrying out the direction or proposed direction under former section 217.","sortOrder":313},{"sectionNumber":"sec.234","sectionType":"section","heading":"Copy of former authorities may be given to person with interest in ship","content":"### sec.234 Copy of former authorities may be given to person with interest in ship\n\nIf a person obtains an interest in a ship, the person may apply to the general manager for a copy of any of the following issued under the 2004 regulation for the ship (each a former authority )—\na certificate of survey;\na load line certificate;\na design approval certificate.\nThe application must be in the approved form.\nThe general manager may give a copy of the former authority to the person if the general manager is satisfied the person has an interest in the ship.\nThe general manager may change the former authority before giving a copy of it to the person to ensure that the authority is addressed to the person.\n(sec.234-ssec.1) If a person obtains an interest in a ship, the person may apply to the general manager for a copy of any of the following issued under the 2004 regulation for the ship (each a former authority )— a certificate of survey; a load line certificate; a design approval certificate.\n(sec.234-ssec.2) The application must be in the approved form.\n(sec.234-ssec.3) The general manager may give a copy of the former authority to the person if the general manager is satisfied the person has an interest in the ship.\n(sec.234-ssec.4) The general manager may change the former authority before giving a copy of it to the person to ensure that the authority is addressed to the person.\n- (a) a certificate of survey;\n- (b) a load line certificate;\n- (c) a design approval certificate.","sortOrder":314},{"sectionNumber":"sec.235","sectionType":"section","heading":"References to 2004 regulation","content":"### sec.235 References to 2004 regulation\n\nIn an instrument—\na reference to the 2004 regulation may, if the context permits, be taken to be a reference to this regulation; and\na reference to a provision of the 2004 regulation may, if the context permits, be taken to be a reference to the equivalent provision of this regulation.\n- (a) a reference to the 2004 regulation may, if the context permits, be taken to be a reference to this regulation; and\n- (b) a reference to a provision of the 2004 regulation may, if the context permits, be taken to be a reference to the equivalent provision of this regulation.","sortOrder":315},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2019","content":"# Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2019","sortOrder":316},{"sectionNumber":"sec.236","sectionType":"section","heading":"Application of s 222","content":"### sec.236 Application of s 222\n\nFrom the commencement, section 222 ceases to apply in relation to a ship mentioned in section 222(1).\ns 236 ins 2019 SL No. 51 s 15","sortOrder":317},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Transitional provisions for Transport Legislation Amendment Regulation (No. 3) 2021","content":"# Transitional provisions for Transport Legislation Amendment Regulation (No. 3) 2021","sortOrder":318},{"sectionNumber":"sec.237","sectionType":"section","heading":"Definitions for part","content":"### sec.237 Definitions for part\n\nIn this part—\nformer standard means the National Standard for the Australian Builders Plate for Recreational Boats endorsed by the former Australian Transport Council and published on 23 May 2011 by the entity formerly known as the National Marine Safety Committee.\ntransitional period means the period starting on the commencement and ending at the end of 28 February 2022.\ns 237 ins 2021 SL No. 180 s 12","sortOrder":319},{"sectionNumber":"sec.238","sectionType":"section","heading":"Application of s 30 during transitional period","content":"### sec.238 Application of s 30 during transitional period\n\nDuring the transitional period, section 30(1)(a)(i) applies in relation to a safety management system for a ship as if a reference in the section to complying with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) were a reference to either of the following—\ncomplying with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth);\ndealing with the matters mentioned in the NSCV, part E.\ns 238 ins 2021 SL No. 180 s 12\n- (a) complying with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth);\n- (b) dealing with the matters mentioned in the NSCV, part E.","sortOrder":320},{"sectionNumber":"sec.239","sectionType":"section","heading":"Application of s 32 during transitional period","content":"### sec.239 Application of s 32 during transitional period\n\nFor section 32(2), during the transitional period a builders plate fixed to a ship in accordance with the former standard is taken to be fixed to the ship in accordance with the ABP Standard.\ns 239 ins 2021 SL No. 180 s 12","sortOrder":321},{"sectionNumber":"sec.240","sectionType":"section","heading":"Provision for particular offences during transitional period","content":"### sec.240 Provision for particular offences during transitional period\n\nThis section applies if—\nduring the transitional period, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\nthe act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, the ABP Standard as modified by section 42 applies rather than the former standard as modified by section 42 as in force immediately before the commencement.\nThe act or omission does not constitute an offence against the provision.\ns 240 ins 2021 SL No. 180 s 12\n(sec.240-ssec.1) This section applies if— during the transitional period, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, the ABP Standard as modified by section 42 applies rather than the former standard as modified by section 42 as in force immediately before the commencement.\n(sec.240-ssec.2) The act or omission does not constitute an offence against the provision.\n- (a) during the transitional period, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\n- (b) the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, the ABP Standard as modified by section 42 applies rather than the former standard as modified by section 42 as in force immediately before the commencement.","sortOrder":322},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Tallebudgera Creek","content":"# Tallebudgera Creek","sortOrder":323},{"sectionNumber":"sch.5-sec.1","sectionType":"section","heading":"Marine zone","content":"### sch.5-sec.1 Marine zone\n\nThe area of Tallebudgera Creek is a marine zone.","sortOrder":324},{"sectionNumber":"sch.5-sec.2","sectionType":"section","heading":"Requirement for marine zone","content":"### sch.5-sec.2 Requirement for marine zone\n\nThe requirement for the marine zone is that a personal watercraft must not be operated in the marine zone.","sortOrder":325},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Noosa River","content":"# Noosa River","sortOrder":326},{"sectionNumber":"sch.5-sec.1-oc.2","sectionType":"section","heading":"Marine zone","content":"### sch.5-sec.1-oc.2 Marine zone\n\nThe area comprising the Noosa River and its adjoining waters, including the area of Lake Cootharaba, Lake Cooroibah, Doonella Lake and Lake Weyba, is a marine zone.\nHowever, the area of each creek, other than Cooloothin Creek, Cooroibah Creek or Weyba Creek, adjoining the waters of the Noosa River is not part of the marine zone.\n(sch.5-sec.1-oc.2-ssec.1) The area comprising the Noosa River and its adjoining waters, including the area of Lake Cootharaba, Lake Cooroibah, Doonella Lake and Lake Weyba, is a marine zone.\n(sch.5-sec.1-oc.2-ssec.2) However, the area of each creek, other than Cooloothin Creek, Cooroibah Creek or Weyba Creek, adjoining the waters of the Noosa River is not part of the marine zone.","sortOrder":327},{"sectionNumber":"sch.5-sec.2-oc.2","sectionType":"section","heading":"Requirements for marine zone","content":"### sch.5-sec.2-oc.2 Requirements for marine zone\n\nThe requirements for the marine zone are as follows—\na ship must not be operated in the marine zone to freestyle, surf or wave jump;\na personal watercraft must not be operated in the marine zone;\na ship must not be operated in the marine zone to waterski in an area of the Noosa River mentioned in subsection (2) , other than between 8a.m. and 5p.m.;\na hovercraft or airboat must not be operated in the marine zone;\nan aircraft must not be operated in the marine zone to take off or land on water.\nFor subsection (1) (c) , the areas are—\nthe area of the Noosa River at Tewantin within the following boundary—\nstarting at latitude 26° 23.266' south, longitude 153° 02.667' east on the eastern shore of the Noosa River\nthen generally northerly along the eastern shore of the Noosa River to latitude 26° 22.724' south, longitude 153° 02.812' east\nthen generally south-westerly along the geodesic to latitude 26° 22.770' south, longitude 153° 02.737' east on the eastern shore of Makepeace Island\nthen generally southerly along the eastern shore of Makepeace Island to latitude 26° 22.951' south, longitude 153° 02.785' east\nthen generally south-westerly along the geodesic to latitude 26° 22.993' south, longitude 153° 02.738' east on the eastern shore of Sheep Island\nthen generally south-westerly along the eastern shore of Sheep Island to latitude 26° 23.193' south, longitude 153° 02.564' east\nthen generally south-easterly along the geodesic to the starting point; and\nthe area of the Noosa River at Tewantin within the following boundary—\nstarting at latitude 26° 22.259' south, longitude 153° 02.359' east on the eastern shore of the Noosa River\nthen generally northerly along the eastern shore of the Noosa River to latitude 26° 21.594' south, longitude 153° 02.414' east\nthen generally westerly along the geodesic to the western shore of the Noosa River to latitude 26° 21.603' south, longitude 153° 02.331' east\nthen generally southerly along the western shore of the Noosa River to latitude 26° 22.327' south, longitude 153° 02.264' east\nthen generally north-easterly along the geodesic to the starting point.\nIn this section—\nairboat means a watercraft, other than an aircraft, designed to be propelled by an aircraft-type propeller.\nsch 5 pt 2 s 2 amd 2020 SL No. 94 s 39 (1)\n(sch.5-sec.2-oc.2-ssec.1) The requirements for the marine zone are as follows— a ship must not be operated in the marine zone to freestyle, surf or wave jump; a personal watercraft must not be operated in the marine zone; a ship must not be operated in the marine zone to waterski in an area of the Noosa River mentioned in subsection (2) , other than between 8a.m. and 5p.m.; a hovercraft or airboat must not be operated in the marine zone; an aircraft must not be operated in the marine zone to take off or land on water.\n(sch.5-sec.2-oc.2-ssec.2) For subsection (1) (c) , the areas are— the area of the Noosa River at Tewantin within the following boundary— starting at latitude 26° 23.266' south, longitude 153° 02.667' east on the eastern shore of the Noosa River then generally northerly along the eastern shore of the Noosa River to latitude 26° 22.724' south, longitude 153° 02.812' east then generally south-westerly along the geodesic to latitude 26° 22.770' south, longitude 153° 02.737' east on the eastern shore of Makepeace Island then generally southerly along the eastern shore of Makepeace Island to latitude 26° 22.951' south, longitude 153° 02.785' east then generally south-westerly along the geodesic to latitude 26° 22.993' south, longitude 153° 02.738' east on the eastern shore of Sheep Island then generally south-westerly along the eastern shore of Sheep Island to latitude 26° 23.193' south, longitude 153° 02.564' east then generally south-easterly along the geodesic to the starting point; and the area of the Noosa River at Tewantin within the following boundary— starting at latitude 26° 22.259' south, longitude 153° 02.359' east on the eastern shore of the Noosa River then generally northerly along the eastern shore of the Noosa River to latitude 26° 21.594' south, longitude 153° 02.414' east then generally westerly along the geodesic to the western shore of the Noosa River to latitude 26° 21.603' south, longitude 153° 02.331' east then generally southerly along the western shore of the Noosa River to latitude 26° 22.327' south, longitude 153° 02.264' east then generally north-easterly along the geodesic to the starting point.\n(sch.5-sec.2-oc.2-ssec.3) In this section— airboat means a watercraft, other than an aircraft, designed to be propelled by an aircraft-type propeller.\n- (a) a ship must not be operated in the marine zone to freestyle, surf or wave jump;\n- (b) a personal watercraft must not be operated in the marine zone;\n- (c) a ship must not be operated in the marine zone to waterski in an area of the Noosa River mentioned in subsection (2) , other than between 8a.m. and 5p.m.;\n- (d) a hovercraft or airboat must not be operated in the marine zone;\n- (e) an aircraft must not be operated in the marine zone to take off or land on water.\n- (a) the area of the Noosa River at Tewantin within the following boundary— • starting at latitude 26° 23.266' south, longitude 153° 02.667' east on the eastern shore of the Noosa River • then generally northerly along the eastern shore of the Noosa River to latitude 26° 22.724' south, longitude 153° 02.812' east • then generally south-westerly along the geodesic to latitude 26° 22.770' south, longitude 153° 02.737' east on the eastern shore of Makepeace Island • then generally southerly along the eastern shore of Makepeace Island to latitude 26° 22.951' south, longitude 153° 02.785' east • then generally south-westerly along the geodesic to latitude 26° 22.993' south, longitude 153° 02.738' east on the eastern shore of Sheep Island • then generally south-westerly along the eastern shore of Sheep Island to latitude 26° 23.193' south, longitude 153° 02.564' east • then generally south-easterly along the geodesic to the starting point; and\n- • starting at latitude 26° 23.266' south, longitude 153° 02.667' east on the eastern shore of the Noosa River\n- • then generally northerly along the eastern shore of the Noosa River to latitude 26° 22.724' south, longitude 153° 02.812' east\n- • then generally south-westerly along the geodesic to latitude 26° 22.770' south, longitude 153° 02.737' east on the eastern shore of Makepeace Island\n- • then generally southerly along the eastern shore of Makepeace Island to latitude 26° 22.951' south, longitude 153° 02.785' east\n- • then generally south-westerly along the geodesic to latitude 26° 22.993' south, longitude 153° 02.738' east on the eastern shore of Sheep Island\n- • then generally south-westerly along the eastern shore of Sheep Island to latitude 26° 23.193' south, longitude 153° 02.564' east\n- • then generally south-easterly along the geodesic to the starting point; and\n- (b) the area of the Noosa River at Tewantin within the following boundary— • starting at latitude 26° 22.259' south, longitude 153° 02.359' east on the eastern shore of the Noosa River • then generally northerly along the eastern shore of the Noosa River to latitude 26° 21.594' south, longitude 153° 02.414' east • then generally westerly along the geodesic to the western shore of the Noosa River to latitude 26° 21.603' south, longitude 153° 02.331' east • then generally southerly along the western shore of the Noosa River to latitude 26° 22.327' south, longitude 153° 02.264' east • then generally north-easterly along the geodesic to the starting point.\n- • starting at latitude 26° 22.259' south, longitude 153° 02.359' east on the eastern shore of the Noosa River\n- • then generally northerly along the eastern shore of the Noosa River to latitude 26° 21.594' south, longitude 153° 02.414' east\n- • then generally westerly along the geodesic to the western shore of the Noosa River to latitude 26° 21.603' south, longitude 153° 02.331' east\n- • then generally southerly along the western shore of the Noosa River to latitude 26° 22.327' south, longitude 153° 02.264' east\n- • then generally north-easterly along the geodesic to the starting point.\n- • starting at latitude 26° 23.266' south, longitude 153° 02.667' east on the eastern shore of the Noosa River\n- • then generally northerly along the eastern shore of the Noosa River to latitude 26° 22.724' south, longitude 153° 02.812' east\n- • then generally south-westerly along the geodesic to latitude 26° 22.770' south, longitude 153° 02.737' east on the eastern shore of Makepeace Island\n- • then generally southerly along the eastern shore of Makepeace Island to latitude 26° 22.951' south, longitude 153° 02.785' east\n- • then generally south-westerly along the geodesic to latitude 26° 22.993' south, longitude 153° 02.738' east on the eastern shore of Sheep Island\n- • then generally south-westerly along the eastern shore of Sheep Island to latitude 26° 23.193' south, longitude 153° 02.564' east\n- • then generally south-easterly along the geodesic to the starting point; and\n- • starting at latitude 26° 22.259' south, longitude 153° 02.359' east on the eastern shore of the Noosa River\n- • then generally northerly along the eastern shore of the Noosa River to latitude 26° 21.594' south, longitude 153° 02.414' east\n- • then generally westerly along the geodesic to the western shore of the Noosa River to latitude 26° 21.603' south, longitude 153° 02.331' east\n- • then generally southerly along the western shore of the Noosa River to latitude 26° 22.327' south, longitude 153° 02.264' east\n- • then generally north-easterly along the geodesic to the starting point.","sortOrder":328},{"sectionNumber":"sch.5-sec.3","sectionType":"section","heading":"Exceptions from requirements for marine zone","content":"### sch.5-sec.3 Exceptions from requirements for marine zone\n\nThe requirements in section 2 (1) (a) or (b) do not apply to a ship if the ship is—\na commercial personal watercraft; and\noperating in the waters of the Noosa River the general manager has stated, by gazette notice under section 197 (2) of this regulation, are waters where the anchoring, berthing, mooring or operating of a ship other than a commercial personal watercraft endangers marine safety (a commercial PWC area ).\nThe requirement in section 2 (1) (b) does not apply to a personal watercraft if—\nthe owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (4) ; and\nthe owner or master uses the personal watercraft to move through the waters—\nto travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or\non a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and\nthe owner or master—\nis operating the personal watercraft along or near the centre of the waters, or within a marked channel; or\nuses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or\nuses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore.\nA personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay.\nA personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville.\nHowever, the collision regulations apply to the personal watercraft despite subsection (2) (b) or (c) .\nFor subsection (2) (a) , the waters are as follows—\nthe waters of the Noosa River downstream of the geodesic between latitude 26° 23.835' south, longitude 153° 03.271' east and latitude 26° 23.584' south, longitude 153° 03.273' east ending at the geodesic between latitude 26° 22.846' south, longitude 153° 04.856' east and latitude 26° 22.770' south, longitude 153° 04.586' east;\nthe waters of Weyba Creek downstream of the geodesic between latitude 26° 23.834' south, longitude 153° 04.525' east and latitude 26° 23.913' south, longitude 153° 04.396' east;\nthe waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b) .\nFor working out the waters that form part of Weyba Creek for subsection (4) (b) , the shore of Weyba Creek is taken to continue along the direct line between the following points—\nlatitude 26° 23.945' south, longitude 153° 04.655' east;\nlatitude 26° 23.954' south, longitude 153° 04.591' east.\nIn this section—\ncommercial personal watercraft means a personal watercraft that has a certificate of operation for a class 2 or 4 vessel under the national law.\ntransit voyage means—\na voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (4) ; or\na voyage between a point in the waters mentioned in subsection (4) and a point seaward of the marine zone.\nsch 5 pt 2 s 3 amd 2020 SL No. 94 s 39 (2) – (3)\n(sch.5-sec.3-ssec.1) The requirements in section 2 (1) (a) or (b) do not apply to a ship if the ship is— a commercial personal watercraft; and operating in the waters of the Noosa River the general manager has stated, by gazette notice under section 197 (2) of this regulation, are waters where the anchoring, berthing, mooring or operating of a ship other than a commercial personal watercraft endangers marine safety (a commercial PWC area ).\n(sch.5-sec.3-ssec.2) The requirement in section 2 (1) (b) does not apply to a personal watercraft if— the owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (4) ; and the owner or master uses the personal watercraft to move through the waters— to travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and the owner or master— is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore. A personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay. A personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville.\n(sch.5-sec.3-ssec.3) However, the collision regulations apply to the personal watercraft despite subsection (2) (b) or (c) .\n(sch.5-sec.3-ssec.4) For subsection (2) (a) , the waters are as follows— the waters of the Noosa River downstream of the geodesic between latitude 26° 23.835' south, longitude 153° 03.271' east and latitude 26° 23.584' south, longitude 153° 03.273' east ending at the geodesic between latitude 26° 22.846' south, longitude 153° 04.856' east and latitude 26° 22.770' south, longitude 153° 04.586' east; the waters of Weyba Creek downstream of the geodesic between latitude 26° 23.834' south, longitude 153° 04.525' east and latitude 26° 23.913' south, longitude 153° 04.396' east; the waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b) .\n(sch.5-sec.3-ssec.5) For working out the waters that form part of Weyba Creek for subsection (4) (b) , the shore of Weyba Creek is taken to continue along the direct line between the following points— latitude 26° 23.945' south, longitude 153° 04.655' east; latitude 26° 23.954' south, longitude 153° 04.591' east.\n(sch.5-sec.3-ssec.6) In this section— commercial personal watercraft means a personal watercraft that has a certificate of operation for a class 2 or 4 vessel under the national law. transit voyage means— a voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (4) ; or a voyage between a point in the waters mentioned in subsection (4) and a point seaward of the marine zone.\n- (a) a commercial personal watercraft; and\n- (b) operating in the waters of the Noosa River the general manager has stated, by gazette notice under section 197 (2) of this regulation, are waters where the anchoring, berthing, mooring or operating of a ship other than a commercial personal watercraft endangers marine safety (a commercial PWC area ).\n- (a) the owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (4) ; and\n- (b) the owner or master uses the personal watercraft to move through the waters— (i) to travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or (ii) on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and\n- (i) to travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or\n- (ii) on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and\n- (c) the owner or master— (i) is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or (ii) uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or (iii) uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore.\n- (i) is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or\n- (ii) uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or\n- (iii) uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore.\n- (i) to travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or\n- (ii) on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and\n- (i) is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or\n- (ii) uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or\n- (iii) uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore.\n- 1 A personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay.\n- 2 A personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville.\n- (a) the waters of the Noosa River downstream of the geodesic between latitude 26° 23.835' south, longitude 153° 03.271' east and latitude 26° 23.584' south, longitude 153° 03.273' east ending at the geodesic between latitude 26° 22.846' south, longitude 153° 04.856' east and latitude 26° 22.770' south, longitude 153° 04.586' east;\n- (b) the waters of Weyba Creek downstream of the geodesic between latitude 26° 23.834' south, longitude 153° 04.525' east and latitude 26° 23.913' south, longitude 153° 04.396' east;\n- (c) the waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b) .\n- (a) latitude 26° 23.945' south, longitude 153° 04.655' east;\n- (b) latitude 26° 23.954' south, longitude 153° 04.591' east.\n- (a) a voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (4) ; or\n- (b) a voyage between a point in the waters mentioned in subsection (4) and a point seaward of the marine zone.","sortOrder":329},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Riverston Bay","content":"# Riverston Bay","sortOrder":330},{"sectionNumber":"sch.5-sec.1-oc.3","sectionType":"section","heading":"Marine zone","content":"### sch.5-sec.1-oc.3 Marine zone\n\nThe area of Riverston Bay is a marine zone.\nThe area of Riverston Bay is the area within the following boundary—\nstarting at latitude 24º 04.363' south, longitude 151º 17.988' east on the western shore of the mouth of the bay\nthen generally south-easterly to latitude 24º 04.457' south, longitude 151º 18.127' east on the eastern shore of the mouth of the bay\nthen along the shore of the bay to the starting point.\nsch 5 pt 3 s 1 ins 2024 SL No. 34 s 4\n(sch.5-sec.1-oc.3-ssec.1) The area of Riverston Bay is a marine zone.\n(sch.5-sec.1-oc.3-ssec.2) The area of Riverston Bay is the area within the following boundary— starting at latitude 24º 04.363' south, longitude 151º 17.988' east on the western shore of the mouth of the bay then generally south-easterly to latitude 24º 04.457' south, longitude 151º 18.127' east on the eastern shore of the mouth of the bay then along the shore of the bay to the starting point.\n- • starting at latitude 24º 04.363' south, longitude 151º 17.988' east on the western shore of the mouth of the bay\n- • then generally south-easterly to latitude 24º 04.457' south, longitude 151º 18.127' east on the eastern shore of the mouth of the bay\n- • then along the shore of the bay to the starting point.","sortOrder":331},{"sectionNumber":"sch.5-sec.2-oc.3","sectionType":"section","heading":"Requirement for marine zone","content":"### sch.5-sec.2-oc.3 Requirement for marine zone\n\nThe requirement for the marine zone is that a ship powered by an engine must not be operated in the marine zone.\nsch 5 pt 3 s 2 ins 2024 SL No. 34 s 4","sortOrder":332},{"sectionNumber":"sch.5-sec.3-oc.2","sectionType":"section","heading":"Exceptions from requirement for marine zone","content":"### sch.5-sec.3-oc.2 Exceptions from requirement for marine zone\n\nThe requirement in section 2 does not apply to the operation of a ship by an employee of the Gladstone Area Water Board who is—\na shipping inspector performing a function under section 153 of the Act ; or\ncarrying out a water activity under the Water Act 2000 relating to the board’s main function as a water authority under section 569 of that Act ; or\ncarrying out an activity under an authority issued to the board under the Fisheries Act 1994 , section 49 for the following purposes—\nbroodstock collection;\neducation;\nfish stocking.\nsch 5 pt 3 s 3 ins 2024 SL No. 34 s 4\n- (a) a shipping inspector performing a function under section 153 of the Act ; or\n- (b) carrying out a water activity under the Water Act 2000 relating to the board’s main function as a water authority under section 569 of that Act ; or\n- (c) carrying out an activity under an authority issued to the board under the Fisheries Act 1994 , section 49 for the following purposes— (i) broodstock collection; (ii) education; (iii) fish stocking.\n- (i) broodstock collection;\n- (ii) education;\n- (iii) fish stocking.\n- (i) broodstock collection;\n- (ii) education;\n- (iii) fish stocking.","sortOrder":333},{"sectionNumber":"sch.5-pt.4","sectionType":"part","heading":"Lake Wivenhoe","content":"# Lake Wivenhoe","sortOrder":334},{"sectionNumber":"sch.5-sec.1-oc.4","sectionType":"section","heading":"Marine zone","content":"### sch.5-sec.1-oc.4 Marine zone\n\nThe area shown on the map in schedule 5A as the Lake Wivenhoe Marine Zone is a marine zone.\nsch 5 pt 4 s 1 ins 2024 SL No. 188 s 14","sortOrder":335},{"sectionNumber":"sch.5-sec.2-oc.4","sectionType":"section","heading":"Requirements for marine zone","content":"### sch.5-sec.2-oc.4 Requirements for marine zone\n\nThe requirements for the marine zone are as follows—\nthe following ships must not be operated in the marine zone—\na personal watercraft;\na ship that is powered by an engine other than an electric engine, a 4-stroke engine or a 2-stroke direct injection engine;\na ship must not be operated in the marine zone at a speed of more than 6kn;\na ship must not be operated in the marine zone to tow a person or thing;\na ship must not be operated in the marine zone between sunset on a day and sunrise on the next day;\na ship must not be operated in the prohibited area of the marine zone.\nIn this section—\nprohibited area means the area in the marine zone shown on the map in schedule 5A as the prohibited area.\nsch 5 pt 4 s 2 ins 2024 SL No. 188 s 14\n(sch.5-sec.2-oc.4-ssec.1) The requirements for the marine zone are as follows— the following ships must not be operated in the marine zone— a personal watercraft; a ship that is powered by an engine other than an electric engine, a 4-stroke engine or a 2-stroke direct injection engine; a ship must not be operated in the marine zone at a speed of more than 6kn; a ship must not be operated in the marine zone to tow a person or thing; a ship must not be operated in the marine zone between sunset on a day and sunrise on the next day; a ship must not be operated in the prohibited area of the marine zone.\n(sch.5-sec.2-oc.4-ssec.2) In this section— prohibited area means the area in the marine zone shown on the map in schedule 5A as the prohibited area.\n- (a) the following ships must not be operated in the marine zone— (i) a personal watercraft; (ii) a ship that is powered by an engine other than an electric engine, a 4-stroke engine or a 2-stroke direct injection engine;\n- (i) a personal watercraft;\n- (ii) a ship that is powered by an engine other than an electric engine, a 4-stroke engine or a 2-stroke direct injection engine;\n- (b) a ship must not be operated in the marine zone at a speed of more than 6kn;\n- (c) a ship must not be operated in the marine zone to tow a person or thing;\n- (d) a ship must not be operated in the marine zone between sunset on a day and sunrise on the next day;\n- (e) a ship must not be operated in the prohibited area of the marine zone.\n- (i) a personal watercraft;\n- (ii) a ship that is powered by an engine other than an electric engine, a 4-stroke engine or a 2-stroke direct injection engine;","sortOrder":336},{"sectionNumber":"sch.5-sec.3-oc.3","sectionType":"section","heading":"Exceptions from requirements for marine zone","content":"### sch.5-sec.3-oc.3 Exceptions from requirements for marine zone\n\nThe requirements in section 2 (1) do not apply to the operation of a ship by—\nan employee of the Queensland Bulk Water Supply Authority who is a shipping inspector performing a function under section 153 of the Act ; or\nan employee of, or a person otherwise engaged by, the Queensland Bulk Water Supply Authority who is performing a function of the authority under the South East Queensland Water (Restructuring) Act 2007 , section 9 .\nThe requirement in section 2 (1) (b) does not apply to the operation of a ship if—\nthe ship is operated by a person who is carrying out an activity under an authority issued under the Fisheries Act 1994 , section 49 for the purposes of fish stocking; or\nthe ship is a sailing ship—\noperating in the marine zone as part of an aquatic event held in accordance with an aquatic event authority; and\nbeing propelled by a sail.\nsch 5 pt 4 s 3 ins 2024 SL No. 188 s 14\n(sch.5-sec.3-oc.3-ssec.1) The requirements in section 2 (1) do not apply to the operation of a ship by— an employee of the Queensland Bulk Water Supply Authority who is a shipping inspector performing a function under section 153 of the Act ; or an employee of, or a person otherwise engaged by, the Queensland Bulk Water Supply Authority who is performing a function of the authority under the South East Queensland Water (Restructuring) Act 2007 , section 9 .\n(sch.5-sec.3-oc.3-ssec.2) The requirement in section 2 (1) (b) does not apply to the operation of a ship if— the ship is operated by a person who is carrying out an activity under an authority issued under the Fisheries Act 1994 , section 49 for the purposes of fish stocking; or the ship is a sailing ship— operating in the marine zone as part of an aquatic event held in accordance with an aquatic event authority; and being propelled by a sail.\n- (a) an employee of the Queensland Bulk Water Supply Authority who is a shipping inspector performing a function under section 153 of the Act ; or\n- (b) an employee of, or a person otherwise engaged by, the Queensland Bulk Water Supply Authority who is performing a function of the authority under the South East Queensland Water (Restructuring) Act 2007 , section 9 .\n- (a) the ship is operated by a person who is carrying out an activity under an authority issued under the Fisheries Act 1994 , section 49 for the purposes of fish stocking; or\n- (b) the ship is a sailing ship— (i) operating in the marine zone as part of an aquatic event held in accordance with an aquatic event authority; and (ii) being propelled by a sail.\n- (i) operating in the marine zone as part of an aquatic event held in accordance with an aquatic event authority; and\n- (ii) being propelled by a sail.\n- (i) operating in the marine zone as part of an aquatic event held in accordance with an aquatic event authority; and\n- (ii) being propelled by a sail.","sortOrder":337},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Fees and charges, other than pilotage fees and conservancy dues","content":"# Fees and charges, other than pilotage fees and conservancy dues","sortOrder":338},{"sectionNumber":"sch.6-pt.1-div.1","sectionType":"division","heading":"Registration of ship","content":"## Registration of ship","sortOrder":339},{"sectionNumber":"sch.6-pt.1-div.2","sectionType":"division","heading":"Restricted use authorities","content":"## Restricted use authorities","sortOrder":340},{"sectionNumber":"sch.6-pt.1-div.3","sectionType":"division","heading":"Pilot licences and pilot exemption certificates","content":"## Pilot licences and pilot exemption certificates","sortOrder":341},{"sectionNumber":"sch.6-pt.1-div.4","sectionType":"division","heading":"Buoy mooring approvals","content":"## Buoy mooring approvals","sortOrder":342},{"sectionNumber":"sch.6-pt.1-div.5","sectionType":"division","heading":"Other authorities","content":"## Other authorities","sortOrder":343},{"sectionNumber":"sch.6-pt.1-div.6","sectionType":"division","heading":"Marine licences","content":"## Marine licences","sortOrder":344},{"sectionNumber":"sch.6-pt.1-div.7","sectionType":"division","heading":"Other fees","content":"## Other fees","sortOrder":345},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Pilotage fees","content":"# Pilotage fees","sortOrder":346},{"sectionNumber":"sch.6-pt.2-div.1","sectionType":"division","heading":"Fees for navigating ship in pilotage area using pilot","content":"## Fees for navigating ship in pilotage area using pilot","sortOrder":347},{"sectionNumber":"sch.6-pt.2-div.2","sectionType":"division","heading":"Fees for cancelling pilotage services","content":"## Fees for cancelling pilotage services","sortOrder":348},{"sectionNumber":"sch.6-pt.2-div.3","sectionType":"division","heading":"Fees for delaying pilotage services","content":"## Fees for delaying pilotage services","sortOrder":349},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Conservancy dues","content":"# Conservancy dues","sortOrder":350}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with a narrowly focused equipment‑and‑safety standard, the regulation has broadened over time into a dense, multi‑functional instrument that now combines: technical safety requirements (EPIRBs, lifejackets, expiry/servicing), an administrative registration regime (detailed transfer and record rules, builders plates), licensing and training approvals (examining entities and training program approvals), operational rules (pilotage, VHF reporting, marine zones), a buoy mooring approval/management regime and a fees/dues schedule. These additions go beyond prescribing safety gear to managing commercial infrastructure (buoy moorings and mooring managers), detailed fee/collection mechanisms (pilotage fees and conservancy dues), and digital licence indicator arrangements (smartcard indicators) — see, for example, EPIRB registration (sec 10), builders plate/ABP implementation (secs 40–52), temporary authorities and administrative processes (secs 104–116), buoy mooring categories and approvals (secs 182–193) and fee schedules (sec 200; sch 6). The result is an instrument that implements safety standards but also regulates commercial activity, payment flows and administrative processes in much greater detail than a simple equipment standard would."},"complexity_factors":["Very large regulation spanning equipment rules, registration, licensing, pilotage, buoy moorings, marine zones, dangerous cargo and fees (many Parts and Chapters).","Extensive cross‑references to primary Act, national law, Marine Orders, IMDG code, AS/NZS and international standards (multiple external instruments cited throughout).","Many defined terms and special definitions (lifejacket levels, open boat/area, personal watercraft, pilotage/pilotage area, builders plate approver, various PFD types, etc.).","Numerous conditional rules and nested exceptions (e.g. different equipment and wearing rules by vessel type and water type; exceptions for tenders, events, pilotage areas).","Multiple approval, application, renewal and amendment procedures with timing rules and notice requirements (Secs 101–113, 109–116, 127–141).","Significant delegated discretion across several offices (chief executive, general manager, harbour masters, Gold Coast Waterways Authority) and local gazette notices that modify obligations (secs 92, 160–162, 181).","Detailed enforcement and administrative mechanisms: suspension/cancellation on multiple grounds, temporary authorities, post‑incident powers and reporting obligations (secs 115–119, 142–143, 117).","Penalty matrix varies by offence and is often high (from 10 penalty units for admin breaches to 500 penalty units or imprisonment where collision regulations are declared applicable) — multiple enforcement levels.","Schedules and maps (marine zones, pilotage areas, fee schedule sch.6) and substantial transitional provisions carrying forward previous regulation obligations (ch.11, many secs)."],"plain_english_summary":"**What this regulation does (mechanics first)\n\n- Requires particular Queensland \"regulated ships\" to carry specified safety equipment and to keep some equipment serviced and within expiry limits (EPIRBs, lifejackets, flares, smoke signals, fire extinguishers) (see ch.2, pts 2–6; secs 10, 13–16, 25).\n\n- Makes EPIRB (emergency beacon) rules mandatory for ships operating beyond sheltered waters: must be 406 MHz, comply with AS/NZS 4280.1:2003, and be registered with AMSA with up‑to‑date contact and ship details (sec 10).\n\n- Sets detailed lifejacket standards and when lifejackets must be visible or actually worn (types allowed by water type, treatment of custom‑made jackets, storage/signage rules, wearing rules for open boats and when crossing coastal bars) (secs 21–25).\n\n- Specifies minimum safety kit by type of vessel and waters (e.g. V sheet, handheld flares, smoke signals, firefighting equipment) and where signalling lights are needed (secs 11–20; 12).\n\n- Establishes registration rules for Queensland regulated ships: who must register, exemptions (small motors, foreign‑registered vessels, short‑term visitors), transfer rules, statutory registration conditions (safety management system, carry limits, flotation and distance limits), and record‑keeping obligations (secs 26–35, 158–159A).\n\n- Creates a builders‑plate regime implementing the national Australian Builders Plate standard (ABP Standard): which vessels need plates when sold, who may approve plate information, offences and defences about plates and sale (secs 40–52).\n\n- Sets out authorities, permits and approvals processes: applications, timeframes (decide within 30 days), conditions, renewals, amendments, suspensions and cancellations and special transitional rules for temporary authorities (secs 101–125, 104, 105, 107, 112–120).\n\n- Regulates licensing for masters, personal watercraft operators and pilots: eligibility, examinations, delegated examiners and training program approvals, temporary permits, pilotage exemption certificates, and fatigue management for pilots (ch.4–7; secs 61–68, 70–76, 166–167).\n\n- Imposes operational rules to prevent collisions and control speeds, wakes and behaviour near people, jetties and shorelines; enforces collision regulations as part of the regulation; gives specific speed/operation limits for personal watercraft and small vessels (secs 76–86, 79–84).\n\n- Requires reporting and handling procedures for dangerous cargo (packaging, documentation, reporting times) and for movements of certain ships in pilotage areas; prescribes signals of distress and controls on their use (secs 76, 87–96, 90–93, 168–176).\n\n- Creates a buoy‑mooring approval and management framework (category areas, approvals, identifying numbers, use and removal obligations) and a power to vest management in a mooring manager (secs 182–193).\n\n- Allows harbour masters and the general manager wide operational powers (issue directions, decide pilot transfer methods, require information, suspend/amend authorities after incidents) and sets penalties for non‑compliance (multiple provisions, e.g. secs 164, 116–117, 181, 193).\n\n- Declares marine zones with bespoke prohibitions or limits (schedules: e.g. Noosa River, Lake Wivenhoe, Tallebudgera Creek, Riverston Bay) and exceptions (sch.5 and subsections).\n\n- Prescribes fees, pilotage fees and conservancy dues and how/when they are payable and recovered; sets administrative rules for fee rounding and some concessions (secs 200–210A; schedule 6).\n\nWhy it matters (official purpose then an analyst's test)\n\n- Official stated purpose: to require particular Queensland regulated ships to carry particular equipment and to declare that equipment \"safety equipment\" under the Act (sec 7). The regulation also implements national standards and gives effect to national instruments where relevant (e.g. ABP Standard, national Marine Orders and IMDG code references).\n\n- Practical effect and trade‑offs: the instrument moves beyond high‑level safety objectives to precise technical, administrative and enforcement rules. That produces clearer compliance expectations (types of lifejackets, EPIRB specs, reporting windows) but also raises direct costs for owners/operators: purchasing certified equipment, registering EPIRBs, servicing inflatable lifejackets and fire extinguishers by manufacturers or authorised agents (sec 25), complying with builders‑plate approvals (secs 41–52), and paying fees (sec 200; sch 6). The regulation expects owners/operators to bear most costs (owners are liable for fees and fines — secs 27, 210).\n\n- Incentives and behaviour change: the rules incentivise (1) equipping and maintaining standardised safety gear, (2) formal registration and record‑keeping, (3) engagement with authorised examiners and training providers for licences, and (4) compliance with reporting and pilotage procedures. Non‑compliance attracts monetary penalties and can lead to suspension or cancellation of licences/authorities (secs 57, 115, 141; penalty provisions throughout).\n\n- Bureaucratic discretion and implementation risk: the chief executive/general manager/harbour masters hold broad discretionary powers — to impose conditions on registrations and approvals (secs 30, 31, 105), define pilotage and marine zones (schedules, secs 160–161), delegate examining and training approvals (secs 65–68) and impose fees and gazette notices (secs 92, 182, 184). Implementation relies heavily on cross‑referenced national standards and external systems (AMSA EPIRB registration (sec 10), IMDG and AS/ISO standards), which can complicate consistent enforcement and require administrative capacity.\n\n- Effects on markets and concentrated benefits: the rules create specific commercial roles (builders plate approvers — sec 49; mooring managers with rights to charge for buoy moorings — sec 182) that may concentrate benefits among those who obtain approvals or contracts. Small operators and recreational owners bear diffuse costs (equipment and registration compliance, licence acquisition). The regulation allows some private substitution (e.g. custom lifejackets accepted with a manufacturer's declaration — sec 23), which limits one‑size‑fits‑all burdens.\n\nWho pays, who decides, and what changes\n\n- Who pays: ship owners/operators pay for equipment, servicing, registration fees, pilotage fees and conservancy dues (secs 10, 25, 200, 206A, 208–210). Fines/penalties are payable by persons who breach duties (multiple sections).\n\n- Who decides/authorises: the chief executive and the general manager (primary decision‑makers for registrations, conditions, and approvals — secs 28, 105, 181); harbour masters (local operational control, pilotage and reporting directions — secs 162, 164, 168–176); the Gold Coast Waterways Authority in Gold Coast waters (secs 184–185); approved examiners and training providers (secs 65–68); and approving entities for buoy moorings (sec 186).\n\n- Behaviour changes required: equip and maintain certified safety equipment; register EPIRBs; display registration and builders plate details; hold required licences or permits; report movements, dangerous cargo and events within set timeframes; comply with pilotage and VHF reporting rules; and obtain approvals for buoy moorings and aquatic events.\n\nCompliance burden, trade‑offs and implementation notes\n\n- Compliance burden: technical servicing, record‑keeping, registration updates (e.g. update AMSA EPIRB registration within 14 days — sec 10), mandatory servicing by manufacturers/authorised agents for some equipment (sec 25), exam/training approvals (secs 62–68) and time‑sensitive reports (secs 90–92, 168–169).\n\n- Trade‑offs: more prescriptive rules lower uncertainty about minimum safety but increase direct costs and administrative workload for small owners and operators. Delegated approvals and mooring management create locally concentrated economic opportunities but require transparent procurement and oversight.\n\n- Implementation risks: heavy cross‑referencing to national law, external standards and industry systems (AMSA, IMDG, Marine Orders, ABP Standard) increases the need for coordination and up‑to‑date standard linking. Large discretion for the executive raises the need for robust decision records and review processes (sections provide review rights and notice processes — e.g. secs 108, 112, 116)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to operate within its stated scope — prescribing safety equipment requirements and registration rules for Queensland regulated ships. Amendments noted (2017, 2021, 2022, 2023, 2024) represent incremental updates (e.g. revised lifejacket standards, updated servicing rules) rather than any fundamental expansion beyond the original purpose of maritime safety regulation."},"complexity_factors":["Multiple overlapping categories of vessel (recreational ship, other Queensland regulated ship, personal watercraft, tender, prescribed other Queensland regulated ship) each triggering different rule sets","Water classification system (smooth waters, partially smooth waters, beyond partially smooth waters, 2nm from land) creates a matrix of requirements that varies for each vessel type","Lifejacket rules have numerous conditional exceptions based on vessel size, time of day, vessel type (open boat vs enclosed), whether underway or bar-crossing, and age of persons on board","Tender rules have their own parallel safety equipment framework with distance-based exemptions (1km, 500m) that differ by water type","Custom-made lifejacket provisions introduce a manufacturer's declaration system with documentation obligations","Equipment maintenance and servicing rules have two different compliance pathways (manufacturer-serviced vs self-serviced) with specific marking requirements","Registration framework references multiple external instruments (the Act, Marine Order 504, ABP Standard, Torres Strait Fisheries Act, national law) that must be read together","Cross-references to other sections and external standards throughout (e.g. s44 of the Act, s26(2), s105, s107, s158) require readers to locate and read other documents","Builders plate and survey requirements for prescribed commercial vessels add a technical regulatory layer","Multiple definitions (open boat, open area, coastal bar, daytime, night-time, relevant servicing requirements, required way) that modify how core obligations apply"],"plain_english_summary":"This Queensland regulation sets mandatory safety standards for anyone who owns, operates or travels on boats in Queensland — recreational and commercial. It requires appropriate safety equipment (registered EPIRBs for boats >2 nm offshore, lifejackets for everyone, night lights, distress signals, fire extinguishers), current servicing and registration for most powered vessels, builders’ plates on new recreational boats, and visible hull numbers. Non‑compliance can attract significant penalties and on‑water inspections."},"kimi_summary":{"_metrics":{"completionTokens":614},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing marine safety requirements for Queensland waters. The structure covers equipment, registration, licensing, and operational rules as expected for marine safety regulation. No evidence of significant scope creep beyond the original marine safety intent."},"complexity_factors":["Extensive cross-referencing between the Act and multiple schedules (Schedules 1–4 referenced but not provided)","Nested conditional logic for equipment requirements based on vessel type, water classification, and operational circumstances","Multiple defined terms including 'Queensland regulated ship', 'smooth waters', 'partially smooth waters', 'prescribed other Queensland regulated ship', and 'coastal bar'","Layered exceptions to exceptions, particularly for tenders and personal watercraft","Incorporation of external standards by reference (AS/NZS 4280.1:2003, AS 3846—2005, IMDG code, ISGOTT, ABP Standard, Marine Order 504)","Complex registration eligibility criteria with multiple exemptions and geographic conditions","Dual administrative structure with powers split between chief executive and general manager","Extensive penalty provisions with varying units across different sections"],"plain_english_summary":"This Queensland regulation governs marine safety for ships operating in Queensland waters. It establishes comprehensive rules across several key areas:\n\n**Safety Equipment Requirements**\n- Ships must carry specific safety equipment based on their size, type, and operating waters (smooth, partially smooth, or beyond)\n- Mandatory equipment includes EPIRBs (emergency beacons), lifejackets, flares, firefighting equipment, and lighting devices\n- Lifejacket requirements vary by vessel type and water conditions—children under 12 must wear them in many circumstances\n- Equipment must be properly maintained, with expiry dates and service records kept current\n\n**Ship Registration**\n- Most Queensland-regulated ships must be registered, with exemptions for small unpowered vessels, certain tenders, and ships registered interstate\n- Registration requires displaying registration numbers prominently on vessels\n- Builders plates must be fixed to new recreational ships sold in Queensland, showing safety information\n\n**Licensing**\n- Operators need appropriate licences: recreational marine driver licences for most vessels, plus personal watercraft licences for jet skis\n- Pilots require licences for compulsory pilotage areas\n- Licences can be granted, renewed, amended, suspended, or cancelled based on competency and compliance\n\n**Operational Rules**\n- Speed limits apply near people, other vessels, and structures (generally 6 knots within 30–60 metres)\n- Dangerous cargo handling requires strict reporting and compliance with international codes\n- Collision prevention rules apply to all vessels\n- Marine incidents trigger investigation and potential licence suspension\n\n**Administration**\n- The chief executive and general manager administer the regime\n- Various authorities (approvals, permits, certificates) can be granted with conditions\n- Appeals and reviews are available for adverse decisions"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/transport-operations-marine-safety-regulation-2016","history":"/api/acts/transport-operations-marine-safety-regulation-2016/history","analysis":"/api/acts/transport-operations-marine-safety-regulation-2016/analysis","conflicts":"/api/acts/transport-operations-marine-safety-regulation-2016/conflicts","importantCases":"/api/acts/transport-operations-marine-safety-regulation-2016/important-cases","documents":"/api/acts/transport-operations-marine-safety-regulation-2016/documents"}}