What it does
The Transport Operations (Marine Safety) Act 1994 (the Act) establishes a comprehensive regulatory framework for marine safety in Queensland. Its primary objective, as stated in s.3(1), is to achieve an appropriate balance between regulating the maritime industry for safety and enabling the effectiveness and efficiency of the Queensland maritime industry. This is to be read consistently with the objectives of the Transport Planning and Coordination Act 1994.
The Act applies to "Queensland regulated ships" (defined in ss.10A–10C as recreational ships or other regulated ships, excluding domestic commercial vessels governed by national law) and has broader application to ships in pilotage areas, ports, or on certain voyages (s.11). It does not apply to the extent that the Commonwealth Navigation Act 1912 (Cth) or the Marine Safety (Domestic Commercial Vessel) National Law applies (ss.12, 14).
Core mechanisms include:
- General safety obligations (Part 4): Imposed on competent persons issuing survey reports (s.40), owners and masters regarding seaworthiness and equipping (s.41), persons involved in operation (s.43), and pilots/managing pilotage entities (ss.45–46). These are performance-based, allowing compliance via standards or equivalent means (ss.31–33, 42). Breaches can lead to penalties up to 500 penalty units or 1 year's imprisonment, escalating to 5,000 penalty units or 2 years if death or grievous bodily harm results.
- Registration and licensing (Part 5): Regulations may require registration of recreational or other Queensland regulated ships (s.56), with offences for non-compliance (s.57). Licensing is required for masters, crew, and pilots (ss.60, 61B), with penalties for operating without appropriate licences (ss.61, 61C). Provisions exist for grant, amendment, renewal, cancellation, and smartcard indicators (ss.62–63H).