QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.172Shipping inspector may direct ship is surveyed and order repairs
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### sec.172 Shipping inspector may direct ship is surveyed and order repairs
This section applies to a ship mentioned in section 171 (1) (a) or (b) , whether or not a direction under section 171 (2) (a) has been given to the owner or master of the ship.
A shipping inspector may board the ship, inspect it and, if the inspector considers necessary, give a direction to the owner or master to obtain a survey report for the ship, as specified by the inspector, from a competent person.
If the shipping inspector is satisfied that life may be endangered because of the state of the ship, the shipping inspector may, by written direction, order the owner or master—
not to operate the ship until specified works are carried out to the ship or the ship is provided with specified equipment; or
to operate the ship only under specified conditions that the shipping inspector considers appropriate for its safe operation.
An owner or a master to whom a direction under this section is given must comply with the direction.
Maximum penalty—500 penalty units or 1 year’s imprisonment.
However, if a contravention of subsection (4) causes the death of, or grievous bodily harm to, a person, the owner or master commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
s 172 amd 1996 No. 63 s 16 ; 2006 No. 21 s 83 ; 2016 No. 3 s 53
(sec.172-ssec.1) This section applies to a ship mentioned in section 171 (1) (a) or (b) , whether or not a direction under section 171 (2) (a) has been given to the owner or master of the ship.
(sec.172-ssec.2) A shipping inspector may board the ship, inspect it and, if the inspector considers necessary, give a direction to the owner or master to obtain a survey report for the ship, as specified by the inspector, from a competent person.
(sec.172-ssec.3) If the shipping inspector is satisfied that life may be endangered because of the state of the ship, the shipping inspector may, by written direction, order the owner or master— not to operate the ship until specified works are carried out to the ship or the ship is provided with specified equipment; or to operate the ship only under specified conditions that the shipping inspector considers appropriate for its safe operation.
(sec.172-ssec.4) An owner or a master to whom a direction under this section is given must comply with the direction. Maximum penalty—500 penalty units or 1 year’s imprisonment.
(sec.172-ssec.5) However, if a contravention of subsection (4) causes the death of, or grievous bodily harm to, a person, the owner or master commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
- (a) not to operate the ship until specified works are carried out to the ship or the ship is provided with specified equipment; or
- (b) to operate the ship only under specified conditions that the shipping inspector considers appropriate for its safe operation.