QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.171Direction if shipping inspector reasonably believes ship is not safe or can not be operated safely
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### sec.171 Direction if shipping inspector reasonably believes ship is not safe or can not be operated safely
This section applies if a shipping inspector reasonably believes that life may be endangered because—
a ship that is being, or is intended to be, operated is not safe; or
a ship can not be operated safely.
To allow the ship to be further inspected and, if necessary, surveyed, the shipping inspector may give a written direction to the owner or master of the ship—
if it is reasonable to require the ship to be inspected at an anchorage, berth, mooring or place on land—to take the ship to the anchorage, berth, mooring or place on land, as stated in the direction; or
in any other case—to keep the ship at the ship’s current anchorage, berth, mooring or place on land, as stated in the direction, for a period of time stated in the direction.
The directed person for the ship must comply with the direction.
Maximum penalty—200 penalty units.
For subsection (3) , if a person is required to hold a licence of a particular type or class to operate the ship and the directed person does not hold the licence, the directed person must comply with the direction by causing a person who holds the licence to take the ship to the anchorage, berth or mooring as stated in the direction.
In this section—
directed person , for a ship, means either of the following to whom a direction is given under subsection (2) —
the ship’s owner;
the ship’s master.
s 171 sub 2006 No. 21 s 82
amd 2016 No. 3 s 52
(sec.171-ssec.1) This section applies if a shipping inspector reasonably believes that life may be endangered because— a ship that is being, or is intended to be, operated is not safe; or a ship can not be operated safely.
(sec.171-ssec.2) To allow the ship to be further inspected and, if necessary, surveyed, the shipping inspector may give a written direction to the owner or master of the ship— if it is reasonable to require the ship to be inspected at an anchorage, berth, mooring or place on land—to take the ship to the anchorage, berth, mooring or place on land, as stated in the direction; or in any other case—to keep the ship at the ship’s current anchorage, berth, mooring or place on land, as stated in the direction, for a period of time stated in the direction.
(sec.171-ssec.3) The directed person for the ship must comply with the direction. Maximum penalty—200 penalty units.
(sec.171-ssec.4) For subsection (3) , if a person is required to hold a licence of a particular type or class to operate the ship and the directed person does not hold the licence, the directed person must comply with the direction by causing a person who holds the licence to take the ship to the anchorage, berth or mooring as stated in the direction.
(sec.171-ssec.5) In this section— directed person , for a ship, means either of the following to whom a direction is given under subsection (2) — the ship’s owner; the ship’s master.
- (a) a ship that is being, or is intended to be, operated is not safe; or
- (b) a ship can not be operated safely.
- (a) if it is reasonable to require the ship to be inspected at an anchorage, berth, mooring or place on land—to take the ship to the anchorage, berth, mooring or place on land, as stated in the direction; or
- (b) in any other case—to keep the ship at the ship’s current anchorage, berth, mooring or place on land, as stated in the direction, for a period of time stated in the direction.
- (a) the ship’s owner;
- (b) the ship’s master.