Creates Maritime Safety Queensland (MSQ), establishes a general manager and employees, and gives MSQ statutory functions for marine safety, ship-sourced pollution and pilotage. The Act also lets the Minister transfer pilotage services, related assets, contracts and staff from the State to port authorities by gazette notice (part 2A). MSQ collects pilotage fees into a dedicated fund and the chief executive sets MSQ’s objectives while the general manager runs day-to-day operations (ss 4, 13, 9, 10–11).
Mechanically, the Maritime Safety Queensland Act 2002 (the Act) creates a statutory agency, Maritime Safety Queensland (MSQ), allocates its core governance and operational architecture, sets out MSQ’s functions and powers, prescribes the appointment and powers of a general manager, and establishes an MSQ-specific fund. The Act also provides a framework for transferring pilotage services, related assets, liabilities, employees and contracts from the State (and MSQ) to specified port authorities and related entities by ministerial gazette notice (a "transfer notice"). The Act contains transitional and validation provisions that: (a) move existing pilotage contracts and employment relationships to MSQ on commencement; (b) permit transfers of pilotage services to port authorities with statutory effect for instruments and registers; and (c) validate particular past appointments to the office of general manager (s 15, pt 2A; s 22).
The statute divides that machinery into discrete features:
Establishment and composition of MSQ: MSQ is established as consisting of a general manager and employees (s 7).
Functions and powers: MSQ is given an extensive, function-based remit that spans making standards under the Transport Operations (Marine Safety) Act 1994 ("TOMSA"), licensing masters and crew, aids to navigation, incident investigation, movement and management of ships in Queensland waters, dealing with ship-sourced pollution under the Transport Operations (Marine Pollution) Act 1995, management of public marine facilities under the Transport Infrastructure Act 1994, and performing delegated powers under the domestic commercial vessel national law (s 8).
Governance and internal delegation: the chief executive of the parent department is made responsible for MSQ’s objectives, strategies and policies and for ensuring appropriate performance (s 9). The Governor in Council appoints the general manager (s 10). The general manager manages operations and may delegate functions (ss 11, 11A). The Minister may appoint acting general managers in limited circumstances (s 11B).
Current sections
Direct links to the current provisions in Maritime Safety Queensland Act 2002.
59
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Maritime Safety Queensland Act 2002 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 2 defines particular words used in this Act.
sec.4
Purposes of Act
sec.4 Purposes of Act
The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.
This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.
s 4 amd 2006 No. 21 s 4 ; 2008 No. 31 s 5 ; 2013 No. 40 s 4
(sec.4-ssec.1) The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.
(sec.4-ssec.2) This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.
sec.5
Application of Act
sec.5 Application of Act
This Act does not limit the application of the following Acts—
Transport Infrastructure Act 1994 ;
Transport Operations (Marine Pollution) Act 1995 ;
TOMSA ;
Transport Planning and Coordination Act 1994 .
s 5 amd 2016 No. 3 s 65
(a) Transport Infrastructure Act 1994 ;
(b) Transport Operations (Marine Pollution) Act 1995 ;
(c) TOMSA ;
(d) Transport Planning and Coordination Act 1994 .
sec.6
Act binds all persons
sec.6 Act binds all persons
This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
pt.2
Maritime Safety Queensland
Maritime Safety Queensland
pt.2-div.1
Establishment, functions and powers of MSQ
Establishment, functions and powers of MSQ
sec.7
Establishment of MSQ
sec.7 Establishment of MSQ
Maritime Safety Queensland ( MSQ ) is established.
MSQ consists of—
the general manager; and
employees employed under section 12 ; and
other employees employed under the Public Sector Act 2022 .
s 7 amd 2008 No. 31 s 7 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.7-ssec.1) Maritime Safety Queensland ( MSQ ) is established.
(sec.7-ssec.2) MSQ consists of— the general manager; and employees employed under section 12 ; and other employees employed under the Public Sector Act 2022 .
(a) the general manager; and
(b) employees employed under section 12 ; and
(c) other employees employed under the Public Sector Act 2022 .
sec.8
Functions and powers of MSQ
sec.8 Functions and powers of MSQ
MSQ has the following functions—
for TOMSA —
to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and
to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and
to licence masters, crew members and pilots; and
to set up and maintain aids to navigation; and
to handle the investigation process into marine incidents; and
to monitor and manage the movement of ships in Queensland waters; and
to monitor and manage the operation and activities of ships in Queensland waters; and
to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters;
for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways;
for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ;
to develop strategies—
for marine safety; and
education campaign for the safe use of recreational ships
to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
to provide, or arrange for the provision of, maritime services including pilotage services;
to monitor and manage—
the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and
arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
any other function conferred on MSQ under this or another Act.
MSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.
In this section—
DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 .
domestic commercial vessel national law see the DCV application Act , section 20 .
Queensland regulated ship see TOMSA , section 10A .
responsible pilotage entity , for a compulsory pilotage area, does not include MSQ.
s 8 amd 2005 No. 22 s 4 ; 2006 No. 21 s 5 ; 2010 No. 19 s 188 ; 2013 No. 40 s 5 ; 2016 No. 3 s 66
(sec.8-ssec.1) MSQ has the following functions— for TOMSA — to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and to licence masters, crew members and pilots; and to set up and maintain aids to navigation; and to handle the investigation process into marine incidents; and to monitor and manage the movement of ships in Queensland waters; and to monitor and manage the operation and activities of ships in Queensland waters; and to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships; for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters; for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways; for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ; to develop strategies— for marine safety; and education campaign for the safe use of recreational ships to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters; to provide, or arrange for the provision of, maritime services including pilotage services; to monitor and manage— the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services; any other function conferred on MSQ under this or another Act.
(sec.8-ssec.2) MSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.
(sec.8-ssec.3) In this section— DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 . domestic commercial vessel national law see the DCV application Act , section 20 . Queensland regulated ship see TOMSA , section 10A . responsible pilotage entity , for a compulsory pilotage area, does not include MSQ.
(a) for TOMSA — (i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and (ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and (iii) to licence masters, crew members and pilots; and (iv) to set up and maintain aids to navigation; and (v) to handle the investigation process into marine incidents; and (vi) to monitor and manage the movement of ships in Queensland waters; and (vii) to monitor and manage the operation and activities of ships in Queensland waters; and (viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
(i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and
(ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and
(iii) to licence masters, crew members and pilots; and
(iv) to set up and maintain aids to navigation; and
(v) to handle the investigation process into marine incidents; and
(vi) to monitor and manage the movement of ships in Queensland waters; and
(vii) to monitor and manage the operation and activities of ships in Queensland waters; and
(viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
(b) for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters;
(c) for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways;
(d) for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ;
(e) to develop strategies— (i) for marine safety; and Example— education campaign for the safe use of recreational ships (ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
(i) for marine safety; and Example— education campaign for the safe use of recreational ships
(ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
(f) to provide, or arrange for the provision of, maritime services including pilotage services;
(g) to monitor and manage— (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
(i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and
(ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
(h) any other function conferred on MSQ under this or another Act.
(i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and
(ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and
(iii) to licence masters, crew members and pilots; and
(iv) to set up and maintain aids to navigation; and
(v) to handle the investigation process into marine incidents; and
(vi) to monitor and manage the movement of ships in Queensland waters; and
(vii) to monitor and manage the operation and activities of ships in Queensland waters; and
(viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
(i) for marine safety; and Example— education campaign for the safe use of recreational ships
(ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
(i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and
(ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
sec.9
Chief executive’s responsibility
sec.9 Chief executive’s responsibility
The chief executive is responsible for the way MSQ performs its functions.
Without limiting subsection (1) , the chief executive is responsible for—
deciding the objectives, strategies and policies to be followed by MSQ; and
ensuring MSQ performs its functions in an appropriate, effective and efficient way.
The chief executive could establish performance measures for MSQ.
This section does not affect the chief executive’s responsibilities for the department under another Act.
(sec.9-ssec.1) The chief executive is responsible for the way MSQ performs its functions.
(sec.9-ssec.2) Without limiting subsection (1) , the chief executive is responsible for— deciding the objectives, strategies and policies to be followed by MSQ; and ensuring MSQ performs its functions in an appropriate, effective and efficient way. The chief executive could establish performance measures for MSQ.
(sec.9-ssec.3) This section does not affect the chief executive’s responsibilities for the department under another Act.
(a) deciding the objectives, strategies and policies to be followed by MSQ; and
(b) ensuring MSQ performs its functions in an appropriate, effective and efficient way. Example— The chief executive could establish performance measures for MSQ.
pt.2-div.2
The general manager
The general manager
sec.10
Appointment of general manager
sec.10 Appointment of general manager
The Governor in Council appoints the general manager for MSQ (the general manager ).
The general manager is to be employed as a senior executive under the Public Sector Act 2022 .
However, despite the Public Sector Act 2022 , the general manager is to be paid the remuneration decided by the Governor in Council.
s 10 amd 2008 No. 31 s 8 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 ; 2024 No. 2 s 10 ; 2024 No. 45 s 133B
(sec.10-ssec.1) The Governor in Council appoints the general manager for MSQ (the general manager ).
(sec.10-ssec.2) The general manager is to be employed as a senior executive under the Public Sector Act 2022 .
(sec.10-ssec.3) However, despite the Public Sector Act 2022 , the general manager is to be paid the remuneration decided by the Governor in Council.
sec.11
Functions and powers of general manager
sec.11 Functions and powers of general manager
The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.
Without limiting subsection (1) , the general manager must—
advise the chief executive in relation to employment conditions of employees employed under section 12 ; and
direct employees employed under section 12 in the performance of the employees’ duties.
The general manager has power to do anything necessary or convenient to be done for the performance of the general manager’s functions.
In exercising a power, the general manager is accountable to the chief executive under the Public Sector Act 2022 .
s 11 amd 2006 No. 21 s 6 ; 2009 No. 25 s 83 sch ; 2009 No. 47 s 4 ; 2022 No. 34 s 365 sch 3
(sec.11-ssec.1) The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.
(sec.11-ssec.2) Without limiting subsection (1) , the general manager must— advise the chief executive in relation to employment conditions of employees employed under section 12 ; and direct employees employed under section 12 in the performance of the employees’ duties.
(sec.11-ssec.3) The general manager has power to do anything necessary or convenient to be done for the performance of the general manager’s functions.
(sec.11-ssec.4) In exercising a power, the general manager is accountable to the chief executive under the Public Sector Act 2022 .
(a) advise the chief executive in relation to employment conditions of employees employed under section 12 ; and
(b) direct employees employed under section 12 in the performance of the employees’ duties.
sec.11A
Delegation of functions of general manager
sec.11A Delegation of functions of general manager
The general manager may delegate to an appropriate person (the delegate ) a function of the general manager under this or another Act.
The delegation may permit the delegate to subdelegate the delegated function to an appropriate person.
Proof of a delegation by the general manager under subsection (1) is not required in a proceeding under the Transport Operations (Marine Pollution) Act 1995 or the Transport Operations (Marine Safety) Act 1994 unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.
The notice must be in the form approved by the general manager.
This section applies despite a provision to the contrary in an Act.
In this section—
appropriate person means any of the following—
an employee of MSQ;
an authorised officer under the Transport Operations (Marine Pollution) Act 1995 ;
a shipping inspector under TOMSA .
function includes a power.
s 11A ins 2006 No. 21 s 7
amd 2016 No. 3 s 76 sch 1 ; 2018 No. 20 s 13
(sec.11A-ssec.1) The general manager may delegate to an appropriate person (the delegate ) a function of the general manager under this or another Act.
(sec.11A-ssec.2) The delegation may permit the delegate to subdelegate the delegated function to an appropriate person.
(sec.11A-ssec.3) Proof of a delegation by the general manager under subsection (1) is not required in a proceeding under the Transport Operations (Marine Pollution) Act 1995 or the Transport Operations (Marine Safety) Act 1994 unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.
(sec.11A-ssec.4) The notice must be in the form approved by the general manager.
(sec.11A-ssec.5) This section applies despite a provision to the contrary in an Act.
(sec.11A-ssec.6) In this section— appropriate person means any of the following— an employee of MSQ; an authorised officer under the Transport Operations (Marine Pollution) Act 1995 ; a shipping inspector under TOMSA . function includes a power.
(a) an employee of MSQ;
(b) an authorised officer under the Transport Operations (Marine Pollution) Act 1995 ;
(c) a shipping inspector under TOMSA .
sec.11B
Acting general manager
sec.11B Acting general manager
The Minister may appoint an appropriately qualified person to act in the office of general manager if—
there is a vacancy in the office of general manager; or
the general manager is absent from duty or, for another reason, can not perform the duties of the office.
The person may be appointed to act in the office for a term of not more than 6 months.
The person may be reappointed to act in the office—
if the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or
otherwise—by the Governor in Council.
A person appointed or reappointed by the Minister under this section holds office on the terms and conditions, including remuneration and allowances, decided by the Minister.
This section does not otherwise limit or affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.
s 11B ins 2024 No. 45 s 133C
(sec.11B-ssec.1) The Minister may appoint an appropriately qualified person to act in the office of general manager if— there is a vacancy in the office of general manager; or the general manager is absent from duty or, for another reason, can not perform the duties of the office.
(sec.11B-ssec.2) The person may be appointed to act in the office for a term of not more than 6 months.
(sec.11B-ssec.3) The person may be reappointed to act in the office— if the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or otherwise—by the Governor in Council.
(sec.11B-ssec.4) A person appointed or reappointed by the Minister under this section holds office on the terms and conditions, including remuneration and allowances, decided by the Minister.
(sec.11B-ssec.5) This section does not otherwise limit or affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.
(a) there is a vacancy in the office of general manager; or
(b) the general manager is absent from duty or, for another reason, can not perform the duties of the office.
(a) if the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or
(b) otherwise—by the Governor in Council.
pt.2-div.3
Employees
Employees
sec.12
Employees
sec.12 Employees
The chief executive may employ—
pilots; and
the other employees the chief executive considers necessary to perform MSQ’s functions.
However, the chief executive must not employ an individual as a pilot unless satisfied the individual is licensed under TOMSA as a pilot.
Subject to any relevant industrial instrument, the chief executive may decide the employment conditions of employees employed under this section.
Employees employed under this section are employed under this Act and not the Public Sector Act 2022 .
In this section—
employment conditions includes conditions about the length of the employment and ending the employment.
s 12 amd 2009 No. 25 s 83 sch ; 2013 No. 40 s 6 ; 2022 No. 34 s 365 sch 3
(sec.12-ssec.1) The chief executive may employ— pilots; and the other employees the chief executive considers necessary to perform MSQ’s functions.
(sec.12-ssec.2) However, the chief executive must not employ an individual as a pilot unless satisfied the individual is licensed under TOMSA as a pilot.
(sec.12-ssec.3) Subject to any relevant industrial instrument, the chief executive may decide the employment conditions of employees employed under this section.
(sec.12-ssec.4) Employees employed under this section are employed under this Act and not the Public Sector Act 2022 .
(sec.12-ssec.5) In this section— employment conditions includes conditions about the length of the employment and ending the employment.
(a) pilots; and
(b) the other employees the chief executive considers necessary to perform MSQ’s functions.
sec.12A
Preservation of rights of particular public service officers
sec.12A Preservation of rights of particular public service officers
This section applies if—
a person is employed under section 12 , other than as a pilot; and
the person was a public service officer immediately before being employed under section 12 .
The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 12 were a continuation of service as a public service officer.
long service, recreation and sick leave and rights as a member of a superannuation scheme
s 12A ins 2010 No. 19 s 189
amd 2013 No. 40 s 7
(sec.12A-ssec.1) This section applies if— a person is employed under section 12 , other than as a pilot; and the person was a public service officer immediately before being employed under section 12 .
(sec.12A-ssec.2) The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 12 were a continuation of service as a public service officer. long service, recreation and sick leave and rights as a member of a superannuation scheme
(a) a person is employed under section 12 , other than as a pilot; and
(b) the person was a public service officer immediately before being employed under section 12 .
sec.12B
Tenure as public service officer on ending of particular employment contracts
sec.12B Tenure as public service officer on ending of particular employment contracts
This section applies if—
a person is employed on contract under section 12 , other than as a pilot; and
the contract—
is terminated other than by disciplinary action; or
expires and is not renewed or replaced by another contract of employment under section 12 ; and
immediately before the person was first employed under the contract, the person was employed as a public service officer on tenure.
The person becomes a public service officer employed on tenure.
The person is to be employed—
at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and
on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure.
s 12B ins 2010 No. 19 s 189
amd 2013 No. 40 s 8
(sec.12B-ssec.1) This section applies if— a person is employed on contract under section 12 , other than as a pilot; and the contract— is terminated other than by disciplinary action; or expires and is not renewed or replaced by another contract of employment under section 12 ; and immediately before the person was first employed under the contract, the person was employed as a public service officer on tenure.
(sec.12B-ssec.2) The person becomes a public service officer employed on tenure.
(sec.12B-ssec.3) The person is to be employed— at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure.
(a) a person is employed on contract under section 12 , other than as a pilot; and
(b) the contract— (i) is terminated other than by disciplinary action; or (ii) expires and is not renewed or replaced by another contract of employment under section 12 ; and
(i) is terminated other than by disciplinary action; or
(ii) expires and is not renewed or replaced by another contract of employment under section 12 ; and
(c) immediately before the person was first employed under the contract, the person was employed as a public service officer on tenure.
(i) is terminated other than by disciplinary action; or
(ii) expires and is not renewed or replaced by another contract of employment under section 12 ; and
(a) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and
(b) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure.
pt.2A
Transfer of pilotage services
Transfer of pilotage services
pt.2A-div.1
Preliminary
Preliminary
sec.12C
Definitions for pt 2A
sec.12C Definitions for pt 2A
In this part—
asset includes a right.
Gladstone port authority means Gladstone Ports Corporation Limited ACN 131 965 896.
Gladstone ports entity means—
if, before the transfer day, Gladstone port authority entered into a written agreement with a subsidiary of Gladstone port authority for the subsidiary to provide pilotage services and the general manager approves the agreement—the subsidiary; or
otherwise—Gladstone port authority.
new employer , of a transferred employee, see section 12D .
pilot transfer crew member means a person—
who, immediately before the transfer day, was an employee of the State; and
to whom the Maritime Safety Queensland Gladstone Pilot Transfer Crew Certified Agreement 2009–2012 applied immediately before the transfer day.
transfer day means the day this part commences.
transfer notice see section 12F .
transferred administration employee means a person who—
immediately before the transfer day was an employee of the State and employed under the Public Service Act 2008 ; and
was offered by a port authority or Gladstone ports entity (each a receiving entity ) a transfer of employment from the State to the receiving entity, and for the employment to start on the transfer day; and
accepted the receiving entity’s offer before the transfer day.
transferred employee means any of the following—
a pilot transfer crew member;
a transferred administration employee;
a transferred pilot.
transferred pilot means a person who—
immediately before the transfer day was an employee of the State and based in the department’s regional office in Cairns, Gladstone, Mackay or Townsville; and
was employed under section 12 (1) (a) as a pilot.
transferred pilotage area see section 12E .
s 12C ins 2013 No. 40 s 9
(a) if, before the transfer day, Gladstone port authority entered into a written agreement with a subsidiary of Gladstone port authority for the subsidiary to provide pilotage services and the general manager approves the agreement—the subsidiary; or
(b) otherwise—Gladstone port authority.
(a) who, immediately before the transfer day, was an employee of the State; and
(b) to whom the Maritime Safety Queensland Gladstone Pilot Transfer Crew Certified Agreement 2009–2012 applied immediately before the transfer day.
(a) immediately before the transfer day was an employee of the State and employed under the Public Service Act 2008 ; and
(b) was offered by a port authority or Gladstone ports entity (each a receiving entity ) a transfer of employment from the State to the receiving entity, and for the employment to start on the transfer day; and
(c) accepted the receiving entity’s offer before the transfer day.
(a) a pilot transfer crew member;
(b) a transferred administration employee;
(c) a transferred pilot.
(a) immediately before the transfer day was an employee of the State and based in the department’s regional office in Cairns, Gladstone, Mackay or Townsville; and
(b) was employed under section 12 (1) (a) as a pilot.
sec.12D
Who is the new employer of a transferred employee
sec.12D Who is the new employer of a transferred employee
The new employer of a transferred employee is—
for a transferred employee who is a transferred pilot—
if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or
if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or
if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or
if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or
for a transferred employee who is a pilot transfer crew member—Gladstone ports entity; or
for a transferred employee who is a transferred administration employee—the port authority or Gladstone ports entity that offered the employee transfer of employment.
s 12D ins 2013 No. 40 s 9
(a) for a transferred employee who is a transferred pilot— (i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or (ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or (iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or (iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or
(i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or
(ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or
(iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or
(iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or
(b) for a transferred employee who is a pilot transfer crew member—Gladstone ports entity; or
(c) for a transferred employee who is a transferred administration employee—the port authority or Gladstone ports entity that offered the employee transfer of employment.
(i) if the transferred pilot was based in the department’s regional office in Cairns immediately before the transfer day—Far North Queensland Ports Corporation Limited ACN 131 836 014; or
(ii) if the transferred pilot was based in the department’s regional office in Gladstone immediately before the transfer day—Gladstone ports entity; or
(iii) if the transferred pilot was based in the department’s regional office in Mackay immediately before the transfer day—North Queensland Bulk Ports Corporation Limited ACN 136 880 218; or
(iv) if the transferred pilot was based in the department’s regional office in Townsville immediately before the transfer day—Port of Townsville Limited; or
sec.12E
What is a transferred pilotage area
sec.12E What is a transferred pilotage area
A transferred pilotage area is a compulsory pilotage area, other than the following—
Brisbane pilotage area;
Southport pilotage area.
In this section—
Brisbane pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
Southport pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
s 12E ins 2013 No. 40 s 9
(sec.12E-ssec.1) A transferred pilotage area is a compulsory pilotage area, other than the following— Brisbane pilotage area; Southport pilotage area.
(sec.12E-ssec.2) In this section— Brisbane pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. Southport pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
(a) Brisbane pilotage area;
(b) Southport pilotage area.
pt.2A-div.2
Transfer of assets and liabilities, etc.
Transfer of assets and liabilities, etc.
sec.12F
Transfer notice
sec.12F Transfer notice
For the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following—
transfer an asset or a liability of the State to a port authority;
make provision about the consideration for an asset or a liability transferred under paragraph (a) ;
transfer a lease, easement or other right from the State to a port authority;
vary or extinguish a lease, easement or other right held by the State;
provide whether and, if so, the extent to which a port authority is the successor in law of the State;
make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority;
make provision for or about the issue, transfer or application of an instrument to a port authority;
make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service.
A transfer notice may include conditions applying to something done or to be done under the notice.
If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—
signed by the Minister; and
kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.
A transfer notice has effect on the day it is published in the gazette or a later day stated in it.
If a transfer notice makes provision for a matter under subsection (1) (g) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—
updating a register or other record; and
amending, cancelling or issuing an instrument.
In this section—
port authority includes Gladstone ports entity.
responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
s 12F ins 2013 No. 40 s 9
(sec.12F-ssec.1) For the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer an asset or a liability of the State to a port authority; make provision about the consideration for an asset or a liability transferred under paragraph (a) ; transfer a lease, easement or other right from the State to a port authority; vary or extinguish a lease, easement or other right held by the State; provide whether and, if so, the extent to which a port authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority; make provision for or about the issue, transfer or application of an instrument to a port authority; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service.
(sec.12F-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.
(sec.12F-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(sec.12F-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.
(sec.12F-ssec.5) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.
(sec.12F-ssec.6) If a transfer notice makes provision for a matter under subsection (1) (g) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.
(sec.12F-ssec.7) In this section— port authority includes Gladstone ports entity. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(a) transfer an asset or a liability of the State to a port authority;
(b) make provision about the consideration for an asset or a liability transferred under paragraph (a) ;
(c) transfer a lease, easement or other right from the State to a port authority;
(d) vary or extinguish a lease, easement or other right held by the State;
(e) provide whether and, if so, the extent to which a port authority is the successor in law of the State;
(f) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority;
(g) make provision for or about the issue, transfer or application of an instrument to a port authority;
(h) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service.
(a) signed by the Minister; and
(b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(a) updating a register or other record; and
(b) amending, cancelling or issuing an instrument.
pt.2A-div.3
Transfer of employees and contracts
Transfer of employees and contracts
sec.12G
Matters for transfer of transferred employees
sec.12G Matters for transfer of transferred employees
On the transfer day—
a transferred employee ceases to be an employee of the State; and
a transferred employee becomes an employee of the new employer for the transferred employee; and
for a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and
employment on a part-time or full-time basis
the State’s records for a transferred employee become records of the new employer for the transferred employee; and
the State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee.
In this section—
records means the records of the State that have been identified by the general manager before the transfer day as records about the employment of a transferred employee who is to be transferred to the new employer for the transferred employee.
s 12G ins 2013 No. 40 s 9
(sec.12G-ssec.1) On the transfer day— a transferred employee ceases to be an employee of the State; and a transferred employee becomes an employee of the new employer for the transferred employee; and for a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and employment on a part-time or full-time basis the State’s records for a transferred employee become records of the new employer for the transferred employee; and the State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee.
(sec.12G-ssec.2) In this section— records means the records of the State that have been identified by the general manager before the transfer day as records about the employment of a transferred employee who is to be transferred to the new employer for the transferred employee.
(a) a transferred employee ceases to be an employee of the State; and
(b) a transferred employee becomes an employee of the new employer for the transferred employee; and
(c) for a transferred employee who is a transferred pilot or a pilot transfer crew member—the transferred employee is employed on the same conditions on which the transferred employee was employed by the State; and Example of a condition of employment— employment on a part-time or full-time basis
(d) the State’s records for a transferred employee become records of the new employer for the transferred employee; and
(e) the State’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the new employer for the transferred employee.
sec.12H
Preservation of rights of transferred employees
sec.12H Preservation of rights of transferred employees
The transfer of a transferred employee to the new employer for the transferred employee does not—
subject to subsection (2) , affect the employee’s total remuneration; or
prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or
interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
subject to subsection (3) —
constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or
entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or
require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee.
A transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer.
Subsection (1) (d) applies to a transferred pilot subject to the Fair Work Act .
Subsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member.
Subject to the Fair Work Act , an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day.
In this section—
industrial instrument includes a federal industrial instrument under the Industrial Relations Act 2016 .
s 12H ins 2013 No. 40 s 9
amd 2016 No. 63 s 1157 sch 6
(sec.12H-ssec.1) The transfer of a transferred employee to the new employer for the transferred employee does not— subject to subsection (2) , affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or subject to subsection (3) — constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee.
(sec.12H-ssec.2) A transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer.
(sec.12H-ssec.3) Subsection (1) (d) applies to a transferred pilot subject to the Fair Work Act .
(sec.12H-ssec.4) Subsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member.
(sec.12H-ssec.5) Subject to the Fair Work Act , an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day.
(sec.12H-ssec.6) In this section— industrial instrument includes a federal industrial instrument under the Industrial Relations Act 2016 .
(a) subject to subsection (2) , affect the employee’s total remuneration; or
(b) prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or
(c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
(d) subject to subsection (3) — (i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or (ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or
(i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or
(ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or
(e) require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee.
(i) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or
(ii) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or
sec.12I
Contracts relating to transferred pilots
sec.12I Contracts relating to transferred pilots
This section applies to a contract entered into by the State relating or incidental to the employment of a transferred pilot that was in force immediately before the transfer day.
a contract for a mobile phone or lease of a vehicle that is part of a transferred pilot’s salary package provided by the State
On the transfer day, to the extent the contract applies to the transferred pilot—
the new employer for the transferred pilot takes the place of the State as a party to the contract; and
the contract may be enforced by or against the new employer.
Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the new employer for the transferred pilot of the rights and obligations under a contract to which this section applies.
In this section—
contract , for a contract that only partly relates to a transferred pilot, means that part of the contract relating to the transferred pilot.
s 12I ins 2013 No. 40 s 9
(sec.12I-ssec.1) This section applies to a contract entered into by the State relating or incidental to the employment of a transferred pilot that was in force immediately before the transfer day. a contract for a mobile phone or lease of a vehicle that is part of a transferred pilot’s salary package provided by the State
(sec.12I-ssec.2) On the transfer day, to the extent the contract applies to the transferred pilot— the new employer for the transferred pilot takes the place of the State as a party to the contract; and the contract may be enforced by or against the new employer.
(sec.12I-ssec.3) Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the new employer for the transferred pilot of the rights and obligations under a contract to which this section applies.
(sec.12I-ssec.4) In this section— contract , for a contract that only partly relates to a transferred pilot, means that part of the contract relating to the transferred pilot.
(a) the new employer for the transferred pilot takes the place of the State as a party to the contract; and
(b) the contract may be enforced by or against the new employer.
sec.12J
Pilotage service contracts
sec.12J Pilotage service contracts
This section applies to a contract for services, entered into by the State for the supply of a pilotage service or pilotage services in 1 or more transferred pilotage areas, that was in force immediately before the transfer day.
On the transfer day, to the extent the contract applies to a transferred pilotage area—
the pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and
the contract may be enforced by or against the pilotage entity.
Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the pilotage entity for each of the transferred pilotage areas of the rights and obligations under a contract to which this section applies.
In this section—
Bundaberg pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
contract , for a contract that only partly relates to a pilotage service, means the part of the contract relating to the pilotage service.
Gladstone pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
pilotage entity , for a transferred pilotage area, means—
for a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or
for a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or
otherwise—the responsible pilotage entity for the transferred pilotage area.
Rockhampton pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
s 12J ins 2013 No. 40 s 9
(sec.12J-ssec.1) This section applies to a contract for services, entered into by the State for the supply of a pilotage service or pilotage services in 1 or more transferred pilotage areas, that was in force immediately before the transfer day.
(sec.12J-ssec.2) On the transfer day, to the extent the contract applies to a transferred pilotage area— the pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and the contract may be enforced by or against the pilotage entity.
(sec.12J-ssec.3) Compensation is not recoverable from the State or anyone else in relation to the transfer from the State to the pilotage entity for each of the transferred pilotage areas of the rights and obligations under a contract to which this section applies.
(sec.12J-ssec.4) In this section— Bundaberg pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. contract , for a contract that only partly relates to a pilotage service, means the part of the contract relating to the pilotage service. Gladstone pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name. pilotage entity , for a transferred pilotage area, means— for a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or for a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or otherwise—the responsible pilotage entity for the transferred pilotage area. Rockhampton pilotage area means the area of Queensland waters declared to be a compulsory pilotage area under TOMSA that is referred to by that name.
(a) the pilotage entity for the transferred pilotage area takes the place of the State as a party to the contract; and
(b) the contract may be enforced by or against the pilotage entity.
(a) for a transferred pilotage area that is Abbot Point pilotage area—Port of Townsville Limited; or
(b) for a transferred pilotage area that is Bundaberg pilotage area, Gladstone pilotage area or Rockhampton pilotage area—Gladstone ports entity; or
(c) otherwise—the responsible pilotage entity for the transferred pilotage area.
pt.2A-div.4
Other matters for transferring pilotage services
Other matters for transferring pilotage services
sec.12K
Non-liability for duty
sec.12K Non-liability for duty
No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.
s 12K ins 2013 No. 40 s 9
sec.12L
Disposal of public records
sec.12L Disposal of public records
This section applies if—
a thing is done under a transfer notice or section 12G ; and
the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .
To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.
s 12L ins 2013 No. 40 s 9
amd 2023 No. 33 s 107 sch 5
(sec.12L-ssec.1) This section applies if— a thing is done under a transfer notice or section 12G ; and the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .
(sec.12L-ssec.2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.
(a) a thing is done under a transfer notice or section 12G ; and
(b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .
sec.12M
Application of instruments
sec.12M Application of instruments
This section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State.
Without limiting the application of the transfer notice or the section to the instrument—
any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and
if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and
the port authority is taken to be a party to the instrument in place of the State; and
a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and
if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and
if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and
if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State.
In this section—
port authority includes Gladstone ports entity.
s 12M ins 2013 No. 40 s 9
(sec.12M-ssec.1) This section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State.
(sec.12M-ssec.2) Without limiting the application of the transfer notice or the section to the instrument— any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and the port authority is taken to be a party to the instrument in place of the State; and a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State.
(sec.12M-ssec.3) In this section— port authority includes Gladstone ports entity.
(a) any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and
(b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and
(c) the port authority is taken to be a party to the instrument in place of the State; and
(d) a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and
(e) if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and
(f) if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and
(g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State.
sec.12N
Registering authority to note transfer or other dealing
sec.12N Registering authority to note transfer or other dealing
The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities—
may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and
must, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority.
A transaction, related to an asset or liability transferred to a transferee port authority, entered into by the transferee port authority in the name of the State or the name of a predecessor in title to the State, if effected by an instrument otherwise in registrable form, must be registered even though the transferee port authority has not been registered as proprietor of the asset or liability.
If an asset or liability is registered in the name of the State, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.
In this section—
port authority includes Gladstone ports entity.
transferee port authority means the port authority to which an asset or liability is transferred under a transfer notice.
s 12N ins 2013 No. 40 s 9
(sec.12N-ssec.1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and must, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority.
(sec.12N-ssec.2) A transaction, related to an asset or liability transferred to a transferee port authority, entered into by the transferee port authority in the name of the State or the name of a predecessor in title to the State, if effected by an instrument otherwise in registrable form, must be registered even though the transferee port authority has not been registered as proprietor of the asset or liability.
(sec.12N-ssec.3) If an asset or liability is registered in the name of the State, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.
(sec.12N-ssec.4) In this section— port authority includes Gladstone ports entity. transferee port authority means the port authority to which an asset or liability is transferred under a transfer notice.
(a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and
(b) must, on written application by a transferee port authority, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee port authority.
sec.12O
Part applies despite other laws and instruments
sec.12O Part applies despite other laws and instruments
Subject to the Fair Work Act , a thing may be done under this part despite any other law or instrument.
s 12O ins 2013 No. 40 s 9
sec.12P
Effect on legal relationships
sec.12P Effect on legal relationships
Nothing done under this part—
makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or
makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or
except as expressly provided under a transfer notice, is taken to fulfil a condition that—
terminates, or allows a person to terminate, an instrument or obligation; or
modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
requires any money to be paid before its stated maturity; or
releases a surety or other obligee, wholly or partly, from an obligation.
If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.
In this section—
relevant entity means—
the State or an employee or agent of the State; or
a port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity.
s 12P ins 2013 No. 40 s 9
(sec.12P-ssec.1) Nothing done under this part— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.
(sec.12P-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
(sec.12P-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.
(sec.12P-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity.
(a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or
(b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or
(c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or
(i) terminates, or allows a person to terminate, an instrument or obligation; or
(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
(iv) requires any money to be paid before its stated maturity; or
(d) releases a surety or other obligee, wholly or partly, from an obligation.
(i) terminates, or allows a person to terminate, an instrument or obligation; or
(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
(iv) requires any money to be paid before its stated maturity; or
(a) the State or an employee or agent of the State; or
(b) a port authority, Gladstone ports entity or an employee or agent of a port authority or Gladstone ports entity.
sec.12Q
Things done under this part
sec.12Q Things done under this part
To remove any doubt, it is declared that a thing is taken to be done under this part if it is done by, or in compliance with, a transfer notice, even if the thing includes taking steps under another Act.
s 12Q ins 2013 No. 40 s 9
sec.12R
Severability
sec.12R Severability
Subsection (2) applies if a provision of this part or a transfer notice is held by a court or judge to be beyond power, invalid or unenforceable.
The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the part or transfer notice that continue to have effect.
This section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.
s 12R ins 2013 No. 40 s 9
(sec.12R-ssec.1) Subsection (2) applies if a provision of this part or a transfer notice is held by a court or judge to be beyond power, invalid or unenforceable.
(sec.12R-ssec.2) The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the part or transfer notice that continue to have effect.
(sec.12R-ssec.3) This section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.
pt.3
Financial provisions
Financial provisions
sec.13
Fund
sec.13 Fund
The Maritime Safety Queensland Fund is established.
Accounts for the fund must be kept as part of the departmental accounts of the department.
Amounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.
Amounts received for the fund include the following received by the department—
amounts received for pilotage fees and conservancy dues under TOMSA ;
amounts received by the department from other sources for the fund or amounts that must be paid into the fund;
amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund;
interest from investment of the fund.
An amount is payable from the fund for the purposes of this Act.
Without limiting subsection (5) , an amount may be paid from the fund to the responsible pilotage entity for a compulsory pilotage area for providing, or arranging for the provision of, a pilotage service in the pilotage area.
The Financial Accountability Act 2009 applies to the fund.
In this section—
departmental accounts of the department means the accounts of the department under the Financial Accountability Act 2009 , section 69 .
departmental financial institution account of the department means an account of the department kept under the Financial Accountability Act 2009 , section 83 .
other amounts of the department means amounts received by the department other than amounts received for the fund.
s 13 amd 2009 No. 9 s 136 sch 1 ; 2010 No. 13 s 138 sch pt 1 ; 2013 No. 40 s 10 ; 2016 No. 3 s 76 sch 1
(sec.13-ssec.1) The Maritime Safety Queensland Fund is established.
(sec.13-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.
(sec.13-ssec.3) Amounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.
(sec.13-ssec.4) Amounts received for the fund include the following received by the department— amounts received for pilotage fees and conservancy dues under TOMSA ; amounts received by the department from other sources for the fund or amounts that must be paid into the fund; amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund; interest from investment of the fund.
(sec.13-ssec.5) An amount is payable from the fund for the purposes of this Act.
(sec.13-ssec.6) Without limiting subsection (5) , an amount may be paid from the fund to the responsible pilotage entity for a compulsory pilotage area for providing, or arranging for the provision of, a pilotage service in the pilotage area.
(sec.13-ssec.7) The Financial Accountability Act 2009 applies to the fund.
(sec.13-ssec.8) In this section— departmental accounts of the department means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial institution account of the department means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts of the department means amounts received by the department other than amounts received for the fund.
(a) amounts received for pilotage fees and conservancy dues under TOMSA ;
(b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund;
(c) amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund;
(d) interest from investment of the fund.
pt.4
Miscellaneous provisions
Miscellaneous provisions
sec.14
Regulation-making power
sec.14 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.5
Transitional and validation provisions
Transitional and validation provisions
pt.5-div.1
Transitional provision for pilotage service contracts
Transitional provision for pilotage service contracts
sec.15
Pilotage service contracts
sec.15 Pilotage service contracts
This section applies to a contract in force immediately before the commencement of this section if the contract was—
a contract for services entered into by the department or a port authority for the supply of a pilotage service; or
a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service.
On the commencement—
for a contract for services—
MSQ takes the place of the department or port authority as a party to the contract; and
the contract may be enforced by or against MSQ; and
for an employment contract—
the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and
the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority.
long service, recreation and sick leave and rights as a member of a superannuation scheme
Without limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement.
Subsection (3) has effect subject to the Industrial Relations Act 1999 .
Compensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies.
This section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship.
In this section—
contract , for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service.
(sec.15-ssec.1) This section applies to a contract in force immediately before the commencement of this section if the contract was— a contract for services entered into by the department or a port authority for the supply of a pilotage service; or a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service.
(sec.15-ssec.2) On the commencement— for a contract for services— MSQ takes the place of the department or port authority as a party to the contract; and the contract may be enforced by or against MSQ; and for an employment contract— the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. long service, recreation and sick leave and rights as a member of a superannuation scheme
(sec.15-ssec.3) Without limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement.
(sec.15-ssec.4) Subsection (3) has effect subject to the Industrial Relations Act 1999 .
(sec.15-ssec.5) Compensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies.
(sec.15-ssec.6) This section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship.
(sec.15-ssec.7) In this section— contract , for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service.
(a) a contract for services entered into by the department or a port authority for the supply of a pilotage service; or
(b) a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service.
(a) for a contract for services— (i) MSQ takes the place of the department or port authority as a party to the contract; and (ii) the contract may be enforced by or against MSQ; and
(i) MSQ takes the place of the department or port authority as a party to the contract; and
(ii) the contract may be enforced by or against MSQ; and
(b) for an employment contract— (i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and (ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements— long service, recreation and sick leave and rights as a member of a superannuation scheme
(i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and
(ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements— long service, recreation and sick leave and rights as a member of a superannuation scheme
(i) MSQ takes the place of the department or port authority as a party to the contract; and
(ii) the contract may be enforced by or against MSQ; and
(i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and
(ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements— long service, recreation and sick leave and rights as a member of a superannuation scheme
pt.5-div.2
Transitional provisions for Transport Legislation Amendment Act 2008 , part 2
Transitional provisions for Transport Legislation Amendment Act 2008 , part 2
sec.16
Change of name does not affect legal personality etc.
sec.16 Change of name does not affect legal personality etc.
The change of name of MSQ from ‘Maritime Safety Agency of Queensland’ to ‘Maritime Safety Queensland’ does not—
affect MSQ’s legal personality or identity; or
affect a right, entitlement or liability of MSQ or anyone else; or
make legal proceedings by or against MSQ defective.
Without limiting subsection (1), the change of name of MSQ does not affect any right, entitlement, liability or benefit MSQ would have had or enjoyed apart from the change of name.
In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against MSQ under its former name may be started or continued by or against it under its new name.
s 16 ins 2008 No. 31 s 10
(sec.16-ssec.1) The change of name of MSQ from ‘Maritime Safety Agency of Queensland’ to ‘Maritime Safety Queensland’ does not— affect MSQ’s legal personality or identity; or affect a right, entitlement or liability of MSQ or anyone else; or make legal proceedings by or against MSQ defective.
(sec.16-ssec.2) Without limiting subsection (1), the change of name of MSQ does not affect any right, entitlement, liability or benefit MSQ would have had or enjoyed apart from the change of name.
(sec.16-ssec.3) In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against MSQ under its former name may be started or continued by or against it under its new name.
(a) affect MSQ’s legal personality or identity; or
(b) affect a right, entitlement or liability of MSQ or anyone else; or
(c) make legal proceedings by or against MSQ defective.
sec.17
References to Maritime Safety Agency of Queensland
sec.17 References to Maritime Safety Agency of Queensland
A reference in an Act or document to the Maritime Safety Agency of Queensland may, if the context permits, be taken as a reference to Maritime Safety Queensland.
s 17 ins 2008 No. 31 s 10
sec.18
Recording MSQ’s changed name in register
sec.18 Recording MSQ’s changed name in register
The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by MSQ in the appropriate form, and on payment of any fee, record in the register, for any property vested in MSQ, the change of name of MSQ from ‘Maritime Safety Agency of Queensland’ to ‘Maritime Safety Queensland’.
s 18 ins 2008 No. 31 s 10
amd 2013 No. 40 s 11
pt.5-div.3
Transitional provisions for Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013
Transitional provisions for Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013
sec.19
Immunity for general employers
sec.19 Immunity for general employers
This section applies to a transferred pilot who is—
a conducting pilot under TOMSA, section 101 if the conducting pilot—
is acting in the supply of a pilotage service in a transferred pilotage area; and
has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or
a supervising pilot, under section 101 of that Act, of the conducting pilot.
Despite TOMSA, section 101(5), definition general employer , the general employer of the transferred pilot for section 101 of that Act is both—
MSQ; and
the new employer of the transferred pilot.
Subsection (2) applies while the conducting pilot has the conduct of a ship as its pilot.
s 19 ins 2013 No. 40 s 12
(sec.19-ssec.1) This section applies to a transferred pilot who is— a conducting pilot under TOMSA, section 101 if the conducting pilot— is acting in the supply of a pilotage service in a transferred pilotage area; and has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or a supervising pilot, under section 101 of that Act, of the conducting pilot.
(sec.19-ssec.2) Despite TOMSA, section 101(5), definition general employer , the general employer of the transferred pilot for section 101 of that Act is both— MSQ; and the new employer of the transferred pilot.
(sec.19-ssec.3) Subsection (2) applies while the conducting pilot has the conduct of a ship as its pilot.
(a) a conducting pilot under TOMSA, section 101 if the conducting pilot— (i) is acting in the supply of a pilotage service in a transferred pilotage area; and (ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or
(i) is acting in the supply of a pilotage service in a transferred pilotage area; and
(ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or
(b) a supervising pilot, under section 101 of that Act, of the conducting pilot.
(i) is acting in the supply of a pilotage service in a transferred pilotage area; and
(ii) has the conduct of a ship as its pilot immediately before and immediately after the transfer day; or
(a) MSQ; and
(b) the new employer of the transferred pilot.
sec.20
Licences of transferred pilots not affected by transfer of pilotage services
sec.20 Licences of transferred pilots not affected by transfer of pilotage services
To remove any doubt, it is declared that a transferred pilot’s licence to have the conduct of a ship as its pilot, in force immediately before the transfer day, continues in force from the transfer day as if part 2A had not commenced.
s 20 ins 2013 No. 40 s 12
sec.21
References to the State or MSQ in documents
sec.21 References to the State or MSQ in documents
A reference to the State or MSQ in a document about a transferred employee may, if the context permits, be taken to be a reference to the new employer for the transferred employee.
A reference to the State or MSQ in a document relating to the transfer of a pilotage service from MSQ to a port authority may, if the context permits, be taken to be a reference to the port authority.
In this section—
port authority includes Gladstone ports entity.
s 21 ins 2013 No. 40 s 12
(sec.21-ssec.1) A reference to the State or MSQ in a document about a transferred employee may, if the context permits, be taken to be a reference to the new employer for the transferred employee.
(sec.21-ssec.2) A reference to the State or MSQ in a document relating to the transfer of a pilotage service from MSQ to a port authority may, if the context permits, be taken to be a reference to the port authority.
(sec.21-ssec.3) In this section— port authority includes Gladstone ports entity.
pt.5-div.4
Validation provision for Queensland Community Safety Act 2024
Validation provision for Queensland Community Safety Act 2024
sec.22
Particular appointments to office of general manager
sec.22 Particular appointments to office of general manager
This section applies in relation to a person who, at any time before 24 April 2024—
was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or
was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.
It is declared that—
despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and
a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and
each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and
anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.
In this section—
done includes purportedly done.
exercise or performance includes purported exercise or performance.
made includes purportedly made.
relevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act.
the Transport Infrastructure Act 1994
the Transport Operations (Marine Pollution) Act 1995
the Transport Operations (Marine Safety) Act 1994
the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016
the Transport Planning and Coordination Act 1994
s 22 ins 2024 No. 45 s 133E
(sec.22-ssec.1) This section applies in relation to a person who, at any time before 24 April 2024— was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.
(sec.22-ssec.2) It is declared that— despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.
(sec.22-ssec.3) In this section— done includes purportedly done. exercise or performance includes purported exercise or performance. made includes purportedly made. relevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act. the Transport Infrastructure Act 1994 the Transport Operations (Marine Pollution) Act 1995 the Transport Operations (Marine Safety) Act 1994 the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 the Transport Planning and Coordination Act 1994
(a) was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or
(b) was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.
(a) despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and
(b) a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and
(c) each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and
(d) anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.
• the Transport Infrastructure Act 1994
• the Transport Operations (Marine Pollution) Act 1995
• the Transport Operations (Marine Safety) Act 1994
• the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016
• the Transport Planning and Coordination Act 1994
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Maritime Safety Queensland Act 2002 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 2 defines particular words used in this Act.
sec.4 Purposes of Act
sec.4 Purposes of Act
The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.
This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.
s 4 amd 2006 No. 21 s 4 ; 2008 No. 31 s 5 ; 2013 No. 40 s 4
(sec.4-ssec.1) The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.
(sec.4-ssec.2) This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.
sec.5 Application of Act
sec.5 Application of Act
This Act does not limit the application of the following Acts—
Transport Infrastructure Act 1994 ;
Transport Operations (Marine Pollution) Act 1995 ;
TOMSA ;
Transport Planning and Coordination Act 1994 .
s 5 amd 2016 No. 3 s 65
(a) Transport Infrastructure Act 1994 ;
(b) Transport Operations (Marine Pollution) Act 1995 ;
(c) TOMSA ;
(d) Transport Planning and Coordination Act 1994 .
sec.6 Act binds all persons
sec.6 Act binds all persons
This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
pt.2 Maritime Safety Queensland
Maritime Safety Queensland
pt.2-div.1 Establishment, functions and powers of MSQ
Establishment, functions and powers of MSQ
Employment and industrial arrangements: the chief executive may employ pilots and other employees under the Act rather than under the Public Sector Act 2022; specific provisions preserve prior public service rights for certain employees and provide reversionary entitlements where specified contracts end (ss 12, 12A, 12B).
Transfer mechanics for pilotage services (Part 2A): the Minister may issue a transfer notice by gazette which can transfer assets, liabilities, leases, rights, contracts, and legal proceedings from the State to a port authority, specify consideration and conditions, and require responsible registering entities to record or update instruments accordingly (ss 12C-12N, 12F). The Act prescribes which employer becomes the "new employer" for transferred pilots depending on region (s 12D), protects employees’ remuneration, continuity and entitlements subject to some limits and the Fair Work Act (s 12H), and provides that compensation is not recoverable from the State in respect of certain transfers (ss 12I, 12J, 12H).
Finance: creation of the Maritime Safety Queensland Fund, with specified receipts (notably pilotage fees and conservancy dues under TOMSA) to be deposited to departmental accounts and used for the purposes of the Act, including payments to responsible pilotage entities (s 13).
Interaction and primacy: the Act expressly does not limit other transport legislation (s 5) and contains provisions that the Part 2A transfer provisions operate despite other laws and instruments, subject to the Fair Work Act (s 12O). It also removes duty under the Duties Act 2001 for transfer operations (s 12K) and declares disposals of public records done under transfer notices as made under legal authority (s 12L).
Procedural convenience for enforcement: where the general manager delegates functions, proof of delegation is not required in prosecutions under TOMSA or the Transport Operations (Marine Pollution) Act 1995 unless a defendant gives a specified notice of intention to challenge delegation at least 10 business days before the hearing (s 11A(3)).
The Act states its purpose in s 4: to create MSQ to provide specialist advice to and undertake particular functions of the chief executive in relation to marine safety, ship-sourced pollution and related matters, and to facilitate transfer of pilotage services to port authorities. That stated rationale is a policy claim recorded in the Act; the text then implements it through the organisational, transfer and funding mechanisms summarised above.
Main concepts
The Act is structured around several core legal and administrative concepts. These are discrete statutory constructs whose operational mechanics determine who decides, who pays, and which legal relationships change.
MSQ as an organisational and functional vehicle (ss 7-9, 11)
MSQ is a statutory entity composed of the general manager and employees. The chief executive (of the relevant department) retains executive responsibility for objectives, strategies and policies (s 9). The general manager operates as the on‑the‑ground executive (s 11), appointed by the Governor in Council (s 10) and employed as a senior executive under the Public Sector Act 2022, but with remuneration set by Governor in Council (s 10(2)-(3)).
Function-based delegation and powers (s 8, s 11A)
The Act defines functions in operational terms (for example, making TOMSA standards for Governor in Council approval; licensing; aids to navigation; handling investigations; monitoring and managing movements, operations, unseaworthy or abandoned vessels) and confers a catch-all power to do anything necessary or convenient to perform those functions (s 8(1), (2)). The general manager may delegate functions to employees, authorised officers or shipping inspectors and may permit subdelegation (s 11A).
Employment model distinct from general public service structures (ss 12-12B)
The chief executive may directly employ pilots and other employees under this Act; those employees are not, as such, employed under the Public Sector Act 2022 (s 12(4)). Specific preservation rules treat some employees as retaining public service rights or reverting to public service tenure in particular circumstances (ss 12A-12B).
Transfer mechanics for pilotage services (Part 2A, ss 12C-12R)
The Act establishes a ministerial transfer model by gazette notice (a transfer notice) to effect transfers of assets, liabilities, leases, rights, legal proceedings, instruments and incidental matters associated with pilotage services (s 12F). The transfer notice can include conditions and may refer to Minister‑signed documents kept for inspection (s 12F(2)-(3)). Transfers operate to discharge State liabilities unless the notice preserves them (s 12F(4)). The Act prescribes who the receiving employer is for transferred employees by location (s 12D) and protects employee entitlements on transfer (s 12G-12H). Contracts and service agreements that apply to transferred pilotage areas or transferred pilots are statutorily novated to the receiving pilotage entity or new employer (ss 12I-12J), with express "no compensation from the State" clauses.
Fund-based finance model (s 13)
The Maritime Safety Queensland Fund is designated to receive pilotage fees and conservancy dues (under TOMSA), other departmental receipts allocated to the Fund, proceeds from disposal of assets originally purchased with Fund monies, and investment income; the Fund pays for Act purposes and may pay responsible pilotage entities for pilotage services (s 13).
Procedural safeguards and overrides (ss 12O, 12P, 12R)
Part 2A includes an override clause that permits transfers to proceed despite other laws and instruments, subject to the Fair Work Act (s 12O). Section 12P restricts the legal consequences of transfer actions so that the transfer itself is not taken to create civil liability or effect breaches of instruments, except as expressly provided in a transfer notice. Severability is provided for invalid provisions (s 12R).
Evidentiary/defence procedure in enforcement cases (s 11A(3))
Delegation proof is relaxed in prosecutions under TOMSA and the Transport Operations (Marine Pollution) Act 1995: unless a defendant gives a prescribed notice challenging delegation at least 10 business days before hearing, proof of delegation by the general manager is not required in the proceeding (s 11A(3)-(4)).
Each of these concepts is operationalised by specific sections in the Act, and the transfer regime is the principal mechanism by which private or corporatised port authorities become responsible for pilotage services previously performed by a State entity.
Who it affects
The Act affects a range of actors by changing employer relationships, contractual counterparties, funding flows, and regulatory responsibilities. The principal categories of affected parties are:
Maritime Safety Queensland (MSQ) and the chief executive: MSQ is created and the chief executive is given responsibility for its performance (ss 7, 9). The chief executive decides objectives, strategies and policies and may establish performance measures (s 9).
The general manager and MSQ employees: the Governor in Council appoints the general manager (s 10). Employees directly employed under s 12 are employed under the Act, not the Public Sector Act 2022 (s 12(4)). Certain employees transitioning from the public service retain public service rights or can revert to tenure in specified cases (ss 12A-12B).
Pilots and "transferred employees": the Part 2A transfer model directly affects pilots based in Cairns, Gladstone, Mackay and Townsville who are employed under s 12(1)(a), pilot transfer crew members under a named certified agreement, and administration employees offered a transfer (ss 12C, 12D). On the transfer day they cease to be State employees and become employees of the "new employer" as prescribed (s 12G), with protections for remuneration, leave entitlements and continuity of service (s 12H) subject to the Fair Work Act for pilots.
Port authorities and Gladstone ports entity: these are the principal recipients of transferred assets, liabilities and pilotage services. The Act names particular corporate bodies as potential transferees (s 12C, 12D, 12J) and allows the Minister to define a "Gladstone ports entity" variant where a Gladstone port authority subsidiary provides pilotage services with MSQ approval (s 12C). Port authorities may become parties to instruments formerly in the State’s name, and registrars are empowered to record transfers without formal application (ss 12F, 12M, 12N).
Responsible pilotage entities: the Act contemplates payments from the MSQ Fund to the responsible pilotage entity for a compulsory pilotage area for providing or arranging pilotage (s 13(6)). A pilotage entity for a transferred pilotage area statutory steps into the State’s place for existing pilotage service contracts (s 12J).
Contracting counterparties (suppliers, lessors, financial institutions): contracts that relate to transferred pilots and pilotage services may be novated to the new employer or pilotage entity on transfer day (ss 12I-12J). The Act expressly disallows recovery of compensation from the State in respect of those transfers (ss 12I(3), 12J(3), 15(5)).
Registrars and registering authorities: registrars of titles and other recording authorities are authorised and, in some cases, required to update records to reflect transfers, potentially without formal application (s 12N). Registrars are permitted to register in the absence of concern about whether an asset was transferred under a transfer notice (s 12N(3)).
Persons involved in enforcement actions and prosecution: the delegation proof rule for proceedings under TOMSA and the Transport Operations (Marine Pollution) Act 1995 changes litigation practice for defendants and prosecutors (s 11A(3)).
Third parties relying on instruments or legal relationships with the State: s 12P provides that acts under Part 2A do not, unless expressly provided, create civil liability or modify or discharge obligations under existing instruments. However, the transfer notice can expressly provide for such changes (s 12F(1)(e)-(g), s 12P).
Departments and the public accounts system: the Department holds the MSQ Fund within departmental accounts, and the Financial Accountability Act 2009 applies to the Fund (s 13).
In short, the Act produces both concentrated changes (e.g., specific pilots and port authorities whose legal relationships change on the transfer day) and diffuse effects (e.g., registrars, suppliers and litigants who must account for novation/registration, and departmental finance flows).
Key duties and rights
The Act sets out duties for decision-makers, rights for employees and transferees, and statutory powers that shift legal relationships. The key duties and rights are:
Chief executive’s duties: the chief executive must decide MSQ’s objectives, strategies and policies and ensure MSQ performs its functions appropriately, effectively and efficiently; the chief executive may also establish performance measures (s 9). These are managerial duties given statutory status.
General manager’s duties and powers: the general manager must manage MSQ’s operations in accordance with the chief executive’s objectives and policies, advise on and direct employees employed under s 12, and may exercise any power necessary or convenient to perform the general manager’s functions (s 11). The general manager is accountable to the chief executive under the Public Sector Act 2022 (s 11(4)).
Delegation power: the general manager may delegate functions and permit subdelegation to "appropriate persons", defined to include MSQ employees, authorised officers under the Transport Operations (Marine Pollution) Act 1995 and shipping inspectors under TOMSA (s 11A(1), (6)). The delegation regime includes a procedural rule in prosecutions under TOMSA and the Transport Operations (Marine Pollution) Act 1995: proof of delegation need not be required unless the defendant gives a notice of intention to challenge delegation at least 10 business days before hearing; the notice must be in a form approved by the general manager (s 11A(3)-(4)).
Employment and remuneration rights: the chief executive may employ pilots and other employees (s 12(1)). An individual cannot be employed as a pilot unless licensed under TOMSA (s 12(2)). Employees under s 12 are employed under this Act, not under the Public Sector Act 2022 (s 12(4)). Certain preservation rules preserve accrued public service rights for employees who become MSQ employees (s 12A), and tenure reversion rules apply where a qualifying contract ends or is terminated (s 12B).
Transfer entitlements and protections for transferred employees: on the transfer day a transferred employee ceases to be a State employee and becomes an employee of the new employer; transferred pilots and pilot transfer crew members are to be employed on the same conditions as immediately before transfer (s 12G). Transfers do not affect total remuneration (subject to some caveats), do not prejudice superannuation or leave entitlements, do not interrupt continuity of service for the purpose of accruing entitlements (s 12H). Industrial instruments applying immediately before transfer continue to apply, subject to Fair Work Act limits for pilots (s 12H(5)).
Contract novation rights and limits: contracts relating to transferred pilots or pilotage services that were in force immediately before transfer day are, to the extent applicable, transferred by operation of sections 12I and 12J so that the new employer or pilotage entity replaces the State as the contracting party and the contract may be enforced by or against the transferee. The Act states that compensation is not recoverable from the State in relation to such transfers (ss 12I(2)-(3), 12J(2)-(3)). Section 15 contains a similar transfer rule for contracts in force immediately before MSQ’s commencement, with no compensation recoverable against the chief executive or the State (s 15(2)-(5)).
Fund entitlements and payments: the MSQ Fund must receive pilotage fees and conservancy dues under TOMSA, among other amounts, and amounts payable from the Fund may be used for the Act’s purposes, including payment to responsible pilotage entities for pilotage services (s 13).
Registrar duties: registrars and other registering authorities may, without formal application, register or record transfers effected by transfer notice, and must register transfers on written application by transferee port authorities (s 12N).
Ministerial transfer power and conditions: the Minister may make transfer notices that transfer assets, liabilities, leases, rights and legal proceedings, make provision about consideration, and make incidental provisions the Minister considers necessary or convenient for transferring a pilotage service; transfer notices may include conditions (s 12F).
Immunities and limitations: Part 2A includes several protective and limiting rules. Transfers by transfer notice discharge the State from transferred liabilities except to the extent stated in the notice (s 12F(4)). Section 12K disapplies Duty under the Duties Act for things done under a transfer notice. Section 12P declares certain acts under the Part do not (unless expressly provided) make a relevant entity civilly liable or in breach of instruments. Section 12O states the Part applies despite other laws and instruments, subject to the Fair Work Act (s 12O).
These duties and rights reallocate operational responsibility, statutory powers, employer‑employee relationships and financial flows and create statutory novations with limited recourse to the State. Where the Act preserves industrial instruments or public service rights, it does so subject to other Commonwealth or State employment law (for example, the Fair Work Act).
Penalties and enforcement
The Act itself creates governance, transfer and funding mechanisms but does not, in its text, create standalone criminal offences with specified fines or imprisonment. Its enforcement and penalty implications are therefore largely indirect and procedural rather than standalone punitive provisions. The relevant enforcement and penalty features derive from:
Connection to TOMSA and the Transport Operations (Marine Pollution) Act 1995: the Act expressly operates alongside other transport laws (s 5). MSQ’s functions include making standards under TOMSA, licensing, handling investigations into marine incidents, and dealing with ship-sourced pollutants under the Marine Pollution Act (s 8). Penalties and enforcement for breaches of licensing requirements, marine pollution rules or standards will largely be found in TOMSA and the Transport Operations (Marine Pollution) Act 1995 rather than in the Maritime Safety Queensland Act itself. Section 5 explicitly states the Act does not limit the application of TOMSA or the Transport Operations (Marine Pollution) Act 1995 (s 5).
Evidentiary procedure and delegation in prosecutions: section 11A(3) materially affects evidentiary practice in prosecutions under TOMSA and the Transport Operations (Marine Pollution) Act 1995 by relieving the prosecution of the usual obligation to prove a delegation by the general manager unless a defendant gives a 10 business day notice of intention to challenge the delegation in the approved form. That provision alters the practical litigation posture in enforcement proceedings: unless the defence timely gives the required notice, the prosecution need not adduce proof of delegation. The section expressly applies despite a provision to the contrary in another Act (s 11A(5)), which may affect arguments about evidentiary rules in those specified proceedings.
Administrative enforcement via MSQ functions: MSQ’s function list includes monitoring and auditing standards implementation, licensing and handling investigations (s 8). These functions will be the operational basis for any administrative enforcement such as licence suspension, cancellation, or administrative directions under TOMSA and related legislation. The Act does not itself specify the sanctions for particular contraventions; they appear as part of the other Acts that MSQ administers, as acknowledged in s 5 and s 8.
Consequences of transfer for legal proceedings: the Minister may make a transfer notice providing for legal proceedings being taken by or against the State to be continued or taken by or against a port authority (s 12F(1)(f)). This moves the enforcement counterparty in ongoing litigation without a separate novation agreement. Section 12P protects relevant entities from being taken to be civilly liable or in breach of instruments as a consequence of permitted transfers, limiting the scope for penalties or damages arising solely from the statutory transfer itself.
Limits on compensation: multiple provisions exclude recoverability of compensation from the State in respect of transfers of contracts or rights (ss 12I(3), 12J(3), 15(5)). That constraint reduces the State’s exposure to damages claims but transfers potential cost to counter‑parties or transferee entities.
Registrar recording and duties: registering authorities are empowered and in some respects required to record transfers under transfer notices without formal application (s 12N). Failure to record correctly could affect property rights and practical enforcement of registered security or title interests; the Act shifts the burden to registrars to act without application, reducing friction for transferees but potentially creating errors that can have legal consequences for registrants.
In short, the Act itself does not introduce a new penalty regime; enforcement avenues and penalties sit primarily within TOMSA and the Transport Operations (Marine Pollution) Act 1995, which MSQ is tasked to administer and on whose enforcement the delegation/evidence rules (s 11A) have practical effect. The transfer provisions change who is sued, who enforces contracts and who bears liabilities, and create statutory novations with express limitations on claims against the State (ss 12F, 12I, 12J, 12P, 15).
How it interacts with other laws
The Act is designed to operate within a broader legislative mesh and contains multiple express cross‑references and primacy statements. The principal interactions are as follows:
TOMSA (Transport Operations (Marine Safety) Act 1994): The Act gives MSQ functions tied directly to TOMSA , making standards under TOMSA for Governor in Council approval, licensing masters, crew and pilots, setting up aids to navigation, handling marine incident investigations, and monitoring ship movement and condition (s 8(1)(a)). MSQ’s work will therefore be exercised under the TOMSA regulatory framework. The Act expressly preserves TOMSA’s operation by stating it does not limit TOMSA’s application (s 5).
Transport Operations (Marine Pollution) Act 1995: The Act identifies MSQ’s functions to deal with ship-sourced pollutant discharge into coastal waters under that Act (s 8(1)(b)). Section 5 similarly preserves the operation of the Marine Pollution Act. The delegation proof rule (s 11A(3)) explicitly mentions prosecutions under the Transport Operations (Marine Pollution) Act 1995 and TOMSA, creating a specific procedural interaction.
Transport Infrastructure Act 1994: MSQ’s functions include managing public marine facilities and the use of waterways under the Transport Infrastructure Act 1994 (s 8(1)(c)). The Act also notes that it does not limit that Act (s 5).
Domestic commercial vessel national law (DCV application Act): MSQ is to exercise powers and perform functions delegated or subdelegated under the domestic commercial vessel national law and to collect specified fees (s 8(1)(d)). The Act defines the DCV reference and explicitly contemplates delegation of national law powers to MSQ.
Public Sector Act 2022: MSQ employees may be employed under the Public Sector Act 2022 (s 7) but s 12(4) states employees employed under s 12 are employed under this Act and not the Public Sector Act 2022. The general manager is to be employed as a senior executive under the Public Sector Act 2022 but is paid remuneration fixed by Governor in Council, notwithstanding the Public Sector Act (s 10).
Fair Work Act and federal industrial instruments: the Act preserves industrial instrument application to transferred employees subject to the Fair Work Act (s 12H(5)), and some entitlements for transferred pilots are explicitly subject to the Fair Work Act (s 12H(3)-(5)). Section 12O also qualifies the Part 2A override as "subject to the Fair Work Act". The Act therefore recognises Commonwealth industrial law as potentially limiting transfer effects.
Duties Act 2001: section 12K removes duty liability under the Duties Act for anything done under a transfer notice. That means transfers effected via transfer notice are not subject to duty liabilities in relation to the transfer.
Financial Accountability Act 2009 and departmental accounts rules: the MSQ Fund must be kept as part of departmental accounts and is subject to the Financial Accountability Act 2009 (s 13(2), (7)). This integrates MSQ fund flows into the department’s public accounting framework.
Public Records Act 2023: where a transfer involves disposal of a public record, section 12L declares that disposal to be under legal authority for the purposes of s 23 of the Public Records Act 2023 (s 12L).
Acts Interpretation Act 1954 and other interpretation provisions: section 12R notes severability and refers to the Acts Interpretation Act 1954, section 9, for construction matters; section 11B references the Acts Interpretation Act 1954 concerning appointment mechanics. The Act also applies "despite a provision to the contrary in an Act" in delegation rules (s 11A(5)).
Registering instruments and property law: the Act compels registrars to register transfers and allows them to register in the name of the State or transferee without the transferee being registered as proprietor; section 12M treats transferred instruments as if given to or in favour of the port authority, including transfers of rights, liabilities and monetary obligations, thereby effecting statutory novation in relation to many property and contract instruments.
Transport Planning and Coordination Act 1994: the Act explicitly does not limit the operation of that Act (s 5).
Practitioners should note that the Act both relies on and changes legal relationships that lie elsewhere: enforcement and sanctioning mechanisms are largely located in TOMSA and the Marine Pollution Act; employment protections and industrial instruments are subject to the Fair Work Act and relevant industrial legislation; and the Act’s transfer mechanics interact with duties, public records and property registration statutes to effect novation and recording changes. The Act also contains express override language (s 12O) that allows transfers to proceed despite other laws and instruments, with the statutory caveat of Fair Work Act primacy.
Amendment history
The Act text supplied contains amendment annotations appended to many sections. The annotations record the parliamentary amending instruments and dates associated with particular provisions. The Act has been amended repeatedly since its enactment; specific amendments recorded in the supplied text include, by section:
s 4 (purposes): annotated with amendments 2006 No. 21 s 4; 2008 No. 31 s 5; 2013 No. 40 s 4.
s 5 (application of Act): amended 2016 No. 3 s 65.
s 7 (establishment of MSQ): amended 2008 No. 31 s 7; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3.
s 8 (functions and powers): amendments recorded 2005 No. 22 s 4; 2006 No. 21 s 5; 2010 No. 19 s 188; 2013 No. 40 s 5; 2016 No. 3 s 66.
s 9: amendments 2006 No. 21 s 6; 2009 No. 25 s 83 sch; 2009 No. 47 s 4; 2022 No. 34 s 365 sch 3.
s 10 (appointment of general manager): amendments noted 2008 No. 31 s 8; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3; 2024 No. 2 s 10; 2024 No. 45 s 133B.
s 11: amendments 2006 No. 21 s 6; 2009 No. 25 s 83 sch; 2009 No. 47 s 4; 2022 No. 34 s 365 sch 3.
s 11A (delegation): inserted 2006 No. 21 s 7; amended 2016 No. 3 s 76 sch 1; 2018 No. 20 s 13.
s 11B (acting general manager): inserted 2024 No. 45 s 133C.
s 12 (employees): amended 2009 No. 25 s 83 sch; 2013 No. 40 s 6; 2022 No. 34 s 365 sch 3.
s 12A and s 12B: inserted 2010 No. 19 s 189; amended 2013 No. 40 s 7-8.
Part 2A (transfer of pilotage services) and associated sections (ss 12C-12R) were inserted by 2013 No. 40 s 9 (the Transport Legislation (Port Pilotage and Document Verification) Amendment Act 2013).
s 13 (Fund): amendments recorded 2009 No. 9 s 136 sch 1; 2010 No. 13 s 138 sch pt 1; 2013 No. 40 s 10; 2016 No. 3 s 76 sch 1.
s 12L: amended 2023 No. 33 s 107 sch 5 (Public Records Act 2023 integration).
Part 5 transitional and validation provisions contain more recent inserts, notably s 22, which was inserted by 2024 No. 45 s 133E to validate particular appointments to the office of general manager before 24 April 2024.
The inserted Part 2A (2013) is a particularly significant amendment cohort because it sets out a new statutory mechanism for transferring pilotage services from MSQ to port authorities, including transfer notices, employee transfers, contract novation and registration mechanics. Later amendments (for example 2023, 2024) address record disposal (Public Records Act 2023) and validation of specific appointments.
Practitioners should consult the consolidated statutory history and official amending instruments for precise commencement dates and the operative text as currently in force. The amendment annotations in the supplied text are the statutory record embedded into the reproduced sections; they identify the amending acts and sections for key changes permitting retrospective validation (s 22) and other adjustments.
Litigation history
The provided Act text does not supply any judicial decisions or case law interpreting its provisions, and contains no list of reported litigation. The Act does, however, create provisions with immediate litigation relevance that practitioners should note as likely focal points in future disputes:
Delegation and evidentiary practice in prosecutions: s 11A(3) changes the usual evidentiary burden in prosecutions under TOMSA and the Transport Operations (Marine Pollution) Act 1995 by making proof of delegation unnecessary unless a defendant gives a specified notice. This provision is procedural and will likely be litigated about in its application (form and timing of the notice, whether stricter rules of fairness or rules of evidence apply).
Transfer notices and affected third parties: s 12F permits the Minister to transfer assets, liabilities, legal proceedings and instruments to port authorities by gazette notice and s 12P declares that things done under Part 2A do not (unless expressly provided) create civil liability or constitute breaches of instruments. Those transfer mechanics can give rise to litigation concerning the scope of the Minister’s power, the effect on third-party rights, whether a transfer notice validly discharged a liability, and whether particular rights are preserved. The Act contains severability (s 12R), which preserves the remainder of the Part where a provision is struck down.
Employee rights and industrial instruments: provisions preserving employee entitlements and the continuity of industrial instruments subject to the Fair Work Act may give rise to litigation under industrial law, including disputes about whether the Fair Work Act limits have been properly respected in a particular transfer, or about specific entitlements post-transfer.
Registrars’ actions and property rights: s 12N authorises registrars to register dealings without formal application and to accept transactions entered into in the State’s name after transfer. This could generate disputes where registration irregularities occur or third parties allege registration errors have caused loss.
Validation provision s 22: the statutory declaration in s 22 that particular prior appointments to the office of general manager are taken to have been valid may remove some litigation avenues. However, concepts of natural justice, administrative law challenges, or collateral challenges in particular contexts might have been affected historically. The Act’s validated retrospective effect (s 22) is a legislative closure that could itself be the subject of legal commentary.
Because the Act text itself does not supply litigation examples, practitioners should research the case law that has arisen after each amendment, particularly litigation touching s 11A(3) (delegation/evidence), the validity and scope of transfer notices under Part 2A, employee industrial disputes arising from transfers, and any disputes concerning registration of transferred assets (s 12N). The absence of cases in the text is notable: all litigation history must be sourced from external law reports and databases.
Gotchas
Several provisions contain mechanics or drafting choices that carry practical traps for practitioners, port authorities, pilots, suppliers and registrars. These "gotchas" are concrete, source‑grounded features that can produce unintended costs or require careful implementation.
Delegation proof rule short-circuits normal evidence unless defence gives notice (s 11A(3)-(4))
In prosecutions under TOMSA or the Transport Operations (Marine Pollution) Act 1995, the prosecution is not required to prove a general manager’s delegation unless the defendant gives a prescribed notice at least 10 business days before the hearing. The notice must be in the form approved by the general manager. A defendant who fails to give the approved-form notice in time may lose the opportunity to contest the delegation evidence-free. The combination of a tight timeframe and an approved-form requirement is a procedural trap for defendants and may complicate indictments or contested prosecutions.
Transfer notice can refer to external documents kept for inspection (s 12F(3))
The Minister may avoid specifying detailed matters in the gazette notice by referencing another Minister‑signed document kept available at a place stated in the notice. That can make it harder for affected parties to know full terms of the transfer without proactive inspection. It concentrates information in Minister-signed supporting documents rather than in the gazette text itself, creating possible information‑asymmetry and practical hurdles for stakeholders who rely on gazette publications as the canonical public record.
Transfer discharges State liability unless stated otherwise (s 12F(4))
A transfer notice operates to discharge the State from a transferred liability except to the extent stated in the notice. That shifts risk to transferees and third parties and reduces potential recourse against the State for existing liabilities unless the transfer notice preserves the State’s liability. Parties accepting transfers should scrutinise the transfer notice for preserved liabilities.
"No compensation" clauses for contract transfers (ss 12I(3), 12J(3), 15(5))
The Act bars recovery of compensation from the State or others in relation to the transfer of rights and obligations under contracts transferred under sections 12I, 12J and 15. Vendors, lessors or employees reliant on payments from the State may be unable to claim compensation where their contract is novated to a port authority, a new employer or MSQ.
Registrars may register transfers without formal application; transactions may be registered in State name after transfer (s 12N)
Registrars may register a transfer without formal application and must register on written application by a transferee. They may also register transactions entered into in the State’s name in registrable form even where the transferee is not yet registered as proprietor. This eases administrative friction for transferees but creates potential for confused title records where instruments are in the State’s name and transfers occur by operation of statute.
Part override subject to Fair Work Act (s 12O)
Part 2A applies "despite other laws and instruments" but is expressly subject to the Fair Work Act. That means Commonwealth industrial law can limit the statutory transfer mechanics for pilots and transferred employees. Practitioners must evaluate compatibility with the Fair Work Act and federal industrial instruments before assuming statutory primacy.
Transferred pilot protections subject to Fair Work Act and federal industrial instruments (s 12H(3)-(5))
While the Act seeks to preserve total remuneration and continuity of service, the application of transferred pilot protections is expressly subject to the Fair Work Act. Employers should audit entitlements and check whether federal instruments modify treatment of transferred pilots post-transfer.
MSQ employees under s 12 are not employed under the Public Sector Act 2022 (s 12(4))
Employees engaged under s 12 (other than pilots) are employed under the Act and not under the Public Sector Act 2022. That creates a bespoke employment regime; employees who moved from the public service may have protections under ss 12A and 12B but onboarding and employment conditions may differ from standard public sector terms. HR departments must track these special rules.
Fund accounting and cross-charging (s 13)
The MSQ Fund receives pilotage fees and conservancy dues, but is administered as part of the department’s accounts. Amounts may be deposited in broader departmental accounts, which can blur cost-allocation and public accounting lines. Responsible pilotage entities can be paid from the fund (s 13(6)), implying cross-charging and potential political sensitivity where port authorities receive payments funded by statutory fee streams.
Retrospective validation of appointments (s 22)
Section 22 validates certain past appointments to the office of general manager and retrospectively validates acts taken by such persons up to 24 April 2024. That removes some lines of attack against prior decisions but may also obscure governance defects and can affect parties who relied on invalidity arguments.
Taken together, these provisions create a landscape where statutory novation, procedural shortcuts and administrative convenience coexist with constrained remedies, information asymmetries and potential clashes with federal industrial law. Parties on the receiving end of transfers should perform due diligence on transfer notices, review the precise language preserving liabilities, check the availability of industrial rights and consider registration and contractual consequences.
How to comply
This section is a practical compliance checklist and legal risk map for the main stakeholders: MSQ/chief executive, general manager, port authorities and pilotage entities, transferred employees (pilots and crew), registrars, and contracting counterparties.
For MSQ, chief executive and general manager
Formal governance: ensure written objectives, strategies and policies are adopted as required by s 9. Document performance measures and keep contemporaneous records of decisions to demonstrate appropriate, effective and efficient performance.
Delegation registers and approved forms: maintain a delegation register and publish (or keep available) an approved form for the s 11A(4) "notice of intention to challenge delegation". Since prosecutions under TOMSA and the Marine Pollution Act are affected, ensure the approved form is readily accessible and that delegates follow recordkeeping protocols so that proof of delegation can be produced if required.
Employment records and industrial continuity: for employees employed under s 12, document employment conditions (including whether the employment is contract or tenure), preserve records that support continuities of service and entitlements, and apply ss 12A-12B where applicable. Be explicit about which employees are employed under the Act as opposed to under the Public Sector Act 2022.
Fund management: comply with the Financial Accountability Act 2009 for the MSQ Fund (s 13), account for pilotage fees and conservancy dues separately where possible, and track payments to responsible pilotage entities. Ensure procurement, budgeting and internal audits reconcile fund inflows and outflows to the statutory purposes.
For port authorities and entities receiving transfers
Review transfer notice once gazetted: a transfer notice can contain conditions and can reference external documents (s 12F). Scrutinise any statement preserving State liabilities and check consideration provisions. If relying on a transfer for asset or liability acquisition, ensure that the transfer notice is inspected and that associated Minister-signed documents are obtained or inspected where referenced.
Employee on-boarding and industrial compliance: for transferred employees, confirm the new employer status per s 12D, verify employment conditions remain the same (s 12G-12H), and confirm entitlements for leave, superannuation and continuity of service. Check applicability and interaction with the Fair Work Act and any federal industrial instruments. Consider pro-active consultation with employee associations and ensure payroll and HR systems are ready to accept transferred service records and liabilities.
Contracts being novated: audit contracts that the State previously held and that will be transferred (ss 12I-12J). Ensure continuity of service arrangements for pilotage service contracts and confirm whether the Act’s "no compensation from the State" clauses apply. For ongoing supplier contracts, confirm whether price, performance or security provisions need renegotiation to reflect the new contracting party.
Insurance and indemnity: transferred pilots may have dual general employer status (s 19 languages), and the new employer should confirm insurance, indemnities and professional indemnity coverage are adequate for pilotage operations. Confirm where MSQ remains a general employer under TOMSA §101(5) in transitional situations and coordinate risk management accordingly.
For transferred pilots, crew and other employees
Verify the new employer, employment conditions and continuity: s 12G confirms the transferred employee becomes an employee of the new employer on the transfer day and that records and liabilities in respect of accrued leave transfer to the new employer. Make written confirmation of these changes and obtain a statement of transferred rights or employer commitment where possible.
Industrial instruments and entitlements: check whether existing industrial instruments remain in force after transfer (s 12H(5)) and how the Fair Work Act affects those instruments for pilots. Seek independent advice if the application of federal instruments is ambiguous.
Licences: be aware that transferred pilots’ licences continue in force (s 20). Understand whether new employer policies affect licence prerequisites or practice.
For registrars and registering authorities
Proactive registration: s 12N authorises registrars to register transfers without formal application; have internal procedures to act on published transfer notices promptly and to accept written applications from transferee port authorities. Ensure that records can accommodate transactions entered in the State’s name post-transfer that are registrable.
Title and security checks: where instruments are transferred by operation of the Act (s 12M), registrars should be clear on the processes for amending register entries; transferees should obtain written confirmation of registration updates.
For contracting counterparties and suppliers
Contract audit and risk assessment: identify contracts tied to pilotage services or pilot employment likely to be novated by ss 12I and 12J or by s 15. Obtain clarity on whether the contract will continue to be enforceable against the new party and assess whether the "no compensation" clauses reduce recovery prospects against the State.
Consider negotiating protections: where possible, consider including transfer‑specific protections or successor guarantees in contracts identified as likely to be affected by transfer notices.
For legal advisers and compliance teams
Review gazette notices and Minister-signed documents promptly: as s 12F allows important provisions to be provided in referenced documents, obtain and review any referenced Minister-signed instruments.
Map liabilities and preserved rights: when a transfer notice is issued, map which liabilities are expressly preserved by the Minister’s notice (s 12F(4)) and which are discharged, and advise clients accordingly.
Prepare for evidence strategy in prosecutions: where clients face prosecution under TOMSA or the Marine Pollution Act, ensure the 10 business day challenge notice in s 11A(3) is considered as an early tactical decision.
Check cross‑statutory interactions: confirm whether the Fair Work Act or federal industrial instruments alter transfer outcomes (ss 12H, 12O). Check duty status (s 12K) and public records disposal authority (s 12L).
A final compliance rule: when a transfer notice is gazetted, the safe course for all parties is to treat it as the operative instrument that changes counterparties, instruments and registration status unless and until successfully challenged in court. The Act provides limited avenues for compensation against the State in many transfer circumstances; parties should thus seek contractual or statutory clarity before relying on the State for indemnities or payments that the transfer mechanics may extinguish.
Maritime Safety Queensland ( MSQ ) is established.
MSQ consists of—
the general manager; and
employees employed under section 12 ; and
other employees employed under the Public Sector Act 2022 .
s 7 amd 2008 No. 31 s 7 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.7-ssec.1) Maritime Safety Queensland ( MSQ ) is established.
(sec.7-ssec.2) MSQ consists of— the general manager; and employees employed under section 12 ; and other employees employed under the Public Sector Act 2022 .
(a) the general manager; and
(b) employees employed under section 12 ; and
(c) other employees employed under the Public Sector Act 2022 .
sec.8 Functions and powers of MSQ
sec.8 Functions and powers of MSQ
MSQ has the following functions—
for TOMSA —
to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and
to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and
to licence masters, crew members and pilots; and
to set up and maintain aids to navigation; and
to handle the investigation process into marine incidents; and
to monitor and manage the movement of ships in Queensland waters; and
to monitor and manage the operation and activities of ships in Queensland waters; and
to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters;
for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways;
for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ;
to develop strategies—
for marine safety; and
education campaign for the safe use of recreational ships
to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
to provide, or arrange for the provision of, maritime services including pilotage services;
to monitor and manage—
the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and
arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
any other function conferred on MSQ under this or another Act.
MSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.
In this section—
DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 .
domestic commercial vessel national law see the DCV application Act , section 20 .
Queensland regulated ship see TOMSA , section 10A .
responsible pilotage entity , for a compulsory pilotage area, does not include MSQ.
s 8 amd 2005 No. 22 s 4 ; 2006 No. 21 s 5 ; 2010 No. 19 s 188 ; 2013 No. 40 s 5 ; 2016 No. 3 s 66
(sec.8-ssec.1) MSQ has the following functions— for TOMSA — to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and to licence masters, crew members and pilots; and to set up and maintain aids to navigation; and to handle the investigation process into marine incidents; and to monitor and manage the movement of ships in Queensland waters; and to monitor and manage the operation and activities of ships in Queensland waters; and to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships; for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters; for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways; for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ; to develop strategies— for marine safety; and education campaign for the safe use of recreational ships to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters; to provide, or arrange for the provision of, maritime services including pilotage services; to monitor and manage— the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services; any other function conferred on MSQ under this or another Act.
(sec.8-ssec.2) MSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.
(sec.8-ssec.3) In this section— DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 . domestic commercial vessel national law see the DCV application Act , section 20 . Queensland regulated ship see TOMSA , section 10A . responsible pilotage entity , for a compulsory pilotage area, does not include MSQ.
(a) for TOMSA — (i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and (ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and (iii) to licence masters, crew members and pilots; and (iv) to set up and maintain aids to navigation; and (v) to handle the investigation process into marine incidents; and (vi) to monitor and manage the movement of ships in Queensland waters; and (vii) to monitor and manage the operation and activities of ships in Queensland waters; and (viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
(i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and
(ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and
(iii) to licence masters, crew members and pilots; and
(iv) to set up and maintain aids to navigation; and
(v) to handle the investigation process into marine incidents; and
(vi) to monitor and manage the movement of ships in Queensland waters; and
(vii) to monitor and manage the operation and activities of ships in Queensland waters; and
(viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
(b) for the Transport Operations (Marine Pollution) Act 1995 —to deal with the discharge of ship-sourced pollutants into coastal waters;
(c) for the Transport Infrastructure Act 1994 —to manage public marine facilities and the use of waterways;
(d) for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act , section 15 ;
(e) to develop strategies— (i) for marine safety; and Example— education campaign for the safe use of recreational ships (ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
(i) for marine safety; and Example— education campaign for the safe use of recreational ships
(ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
(f) to provide, or arrange for the provision of, maritime services including pilotage services;
(g) to monitor and manage— (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
(i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and
(ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
(h) any other function conferred on MSQ under this or another Act.
(i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and
(ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and
(iii) to licence masters, crew members and pilots; and
(iv) to set up and maintain aids to navigation; and
(v) to handle the investigation process into marine incidents; and
(vi) to monitor and manage the movement of ships in Queensland waters; and
(vii) to monitor and manage the operation and activities of ships in Queensland waters; and
(viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;
(i) for marine safety; and Example— education campaign for the safe use of recreational ships
(ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;
(i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and
(ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;
sec.9 Chief executive’s responsibility
sec.9 Chief executive’s responsibility
The chief executive is responsible for the way MSQ performs its functions.
Without limiting subsection (1) , the chief executive is responsible for—
deciding the objectives, strategies and policies to be followed by MSQ; and
ensuring MSQ performs its functions in an appropriate, effective and efficient way.
The chief executive could establish performance measures for MSQ.
This section does not affect the chief executive’s responsibilities for the department under another Act.
(sec.9-ssec.1) The chief executive is responsible for the way MSQ performs its functions.
(sec.9-ssec.2) Without limiting subsection (1) , the chief executive is responsible for— deciding the objectives, strategies and policies to be followed by MSQ; and ensuring MSQ performs its functions in an appropriate, effective and efficient way. The chief executive could establish performance measures for MSQ.
(sec.9-ssec.3) This section does not affect the chief executive’s responsibilities for the department under another Act.
(a) deciding the objectives, strategies and policies to be followed by MSQ; and
(b) ensuring MSQ performs its functions in an appropriate, effective and efficient way. Example— The chief executive could establish performance measures for MSQ.
pt.2-div.2 The general manager
The general manager
sec.10 Appointment of general manager
sec.10 Appointment of general manager
The Governor in Council appoints the general manager for MSQ (the general manager ).
The general manager is to be employed as a senior executive under the Public Sector Act 2022 .
However, despite the Public Sector Act 2022 , the general manager is to be paid the remuneration decided by the Governor in Council.
s 10 amd 2008 No. 31 s 8 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 ; 2024 No. 2 s 10 ; 2024 No. 45 s 133B
(sec.10-ssec.1) The Governor in Council appoints the general manager for MSQ (the general manager ).
(sec.10-ssec.2) The general manager is to be employed as a senior executive under the Public Sector Act 2022 .
(sec.10-ssec.3) However, despite the Public Sector Act 2022 , the general manager is to be paid the remuneration decided by the Governor in Council.
sec.11 Functions and powers of general manager
sec.11 Functions and powers of general manager
The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.
Without limiting subsection (1) , the general manager must—
advise the chief executive in relation to employment conditions of employees employed under section 12 ; and
direct employees employed under section 12 in the performance of the employees’ duties.
The general manager has power to do anything necessary or convenient to be done for the performance of the general manager’s functions.
In exercising a power, the general manager is accountable to the chief executive under the Public Sector Act 2022 .
s 11 amd 2006 No. 21 s 6 ; 2009 No. 25 s 83 sch ; 2009 No. 47 s 4 ; 2022 No. 34 s 365 sch 3
(sec.11-ssec.1) The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.
(sec.11-ssec.2) Without limiting subsection (1) , the general manager must— advise the chief executive in relation to employment conditions of employees employed under section 12 ; and direct employees employed under section 12 in the performance of the emp
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