QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.237Provisions relating to the power of harbour masters before the commencement to give directions
Start here
Get a plain-English read of sec.237
Turn the raw legal text into a practical explanation grounded in Transport Operations (Marine Safety) Act 1994.
### sec.237 Provisions relating to the power of harbour masters before the commencement to give directions
If a direction was given under part 7, division 2 before the commencement of this section and continued to have effect immediately before the commencement—
the direction continues to have effect; and
this Act, as in force immediately before the commencement, continues to apply to the direction and the obligations of any person arising out of the direction.
If, before the commencement of this section, the master of a ship is taken to have been given a direction that, under section 86(3), was given to a crew member, after the commencement the master continues to have an obligation to comply with the direction.
If, before the commencement of this section, a person is given a direction under section 89, after the commencement the person continues to have an obligation to comply with the direction even though it was not in writing.
If a harbour master had started to carry out a direction or proposed direction as mentioned in section 93 as in force immediately before the commencement, the harbour master may continue to carry out the direction or proposed direction.
Section 94, as in force immediately before the commencement, continues to apply to an expense incurred before the commencement and also applies to an expense incurred by a harbour master who, under subsection (2), continues to carry out a direction or proposed direction.
Subsections (2) and (3) do not limit subsection (1).
s 237 ins 2006 No. 21 s 105
(sec.237-ssec.1) If a direction was given under part 7, division 2 before the commencement of this section and continued to have effect immediately before the commencement— the direction continues to have effect; and this Act, as in force immediately before the commencement, continues to apply to the direction and the obligations of any person arising out of the direction. If, before the commencement of this section, the master of a ship is taken to have been given a direction that, under section 86(3), was given to a crew member, after the commencement the master continues to have an obligation to comply with the direction. If, before the commencement of this section, a person is given a direction under section 89, after the commencement the person continues to have an obligation to comply with the direction even though it was not in writing.
(sec.237-ssec.2) If a harbour master had started to carry out a direction or proposed direction as mentioned in section 93 as in force immediately before the commencement, the harbour master may continue to carry out the direction or proposed direction.
(sec.237-ssec.3) Section 94, as in force immediately before the commencement, continues to apply to an expense incurred before the commencement and also applies to an expense incurred by a harbour master who, under subsection (2), continues to carry out a direction or proposed direction.
(sec.237-ssec.4) Subsections (2) and (3) do not limit subsection (1).
- (a) the direction continues to have effect; and
- (b) this Act, as in force immediately before the commencement, continues to apply to the direction and the obligations of any person arising out of the direction. Examples for paragraph (b)— 1 If, before the commencement of this section, the master of a ship is taken to have been given a direction that, under section 86(3), was given to a crew member, after the commencement the master continues to have an obligation to comply with the direction. 2 If, before the commencement of this section, a person is given a direction under section 89, after the commencement the person continues to have an obligation to comply with the direction even though it was not in writing.
- 1 If, before the commencement of this section, the master of a ship is taken to have been given a direction that, under section 86(3), was given to a crew member, after the commencement the master continues to have an obligation to comply with the direction.
- 2 If, before the commencement of this section, a person is given a direction under section 89, after the commencement the person continues to have an obligation to comply with the direction even though it was not in writing.
- 1 If, before the commencement of this section, the master of a ship is taken to have been given a direction that, under section 86(3), was given to a crew member, after the commencement the master continues to have an obligation to comply with the direction.
- 2 If, before the commencement of this section, a person is given a direction under section 89, after the commencement the person continues to have an obligation to comply with the direction even though it was not in writing.