QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.250Existing registration
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### sec.250 Existing registration
This section applies to a relevant ship that, immediately before the commencement, was registered under the unamended Act as a commercial ship.
From the commencement, the ship is taken to be registered under the amended Act as an other Queensland regulated ship.
The registration—
continues for the remaining term of the registration unless it is earlier cancelled or surrendered; and
is subject to the conditions to which it was subject immediately before the commencement; and
if, immediately before the commencement, the registration is suspended under the unamended Act—continues to be subject to the suspension; and
may be amended, suspended, cancelled or surrendered under the amended Act.
However, the registration can not be renewed under the amended Act.
Also, the registration is subject to the following conditions—
if the old regulation, section 108 applied to the ship immediately before the commencement—a condition that a person who is the owner or master of the ship must not operate the ship in waters other than the following waters—
the waters stated in the USL code for a ship of the ship’s class;
the waters in any other operational area stated for the ship in the old regulation, section 108;
if, immediately before the commencement, under the unamended Act, a person must not operate the ship as its master or act as a crew member unless the person holds a particular licence—a condition that a person must not operate the ship as its master or act as a crew member unless the person holds that licence;
If, under the old regulation, section 88(2), a person must not operate the ship as its master unless the person holds a licence of at least a particular class of certificate, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a licence of at least that class of certificate.
If, under an exemption under the unamended Act, section 18A, a person must not operate the ship as its master unless the person holds a recreational marine driver licence, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a recreational marine driver licence.
a condition that a person who is the owner or master of the ship must not carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in the ship’s registration certificate, unless the person has a reasonable excuse.
s 250 ins 2016 No. 3 s 60
(sec.250-ssec.1) This section applies to a relevant ship that, immediately before the commencement, was registered under the unamended Act as a commercial ship.
(sec.250-ssec.2) From the commencement, the ship is taken to be registered under the amended Act as an other Queensland regulated ship.
(sec.250-ssec.3) The registration— continues for the remaining term of the registration unless it is earlier cancelled or surrendered; and is subject to the conditions to which it was subject immediately before the commencement; and if, immediately before the commencement, the registration is suspended under the unamended Act—continues to be subject to the suspension; and may be amended, suspended, cancelled or surrendered under the amended Act.
(sec.250-ssec.4) However, the registration can not be renewed under the amended Act.
(sec.250-ssec.5) Also, the registration is subject to the following conditions— if the old regulation, section 108 applied to the ship immediately before the commencement—a condition that a person who is the owner or master of the ship must not operate the ship in waters other than the following waters— the waters stated in the USL code for a ship of the ship’s class; the waters in any other operational area stated for the ship in the old regulation, section 108; if, immediately before the commencement, under the unamended Act, a person must not operate the ship as its master or act as a crew member unless the person holds a particular licence—a condition that a person must not operate the ship as its master or act as a crew member unless the person holds that licence; If, under the old regulation, section 88(2), a person must not operate the ship as its master unless the person holds a licence of at least a particular class of certificate, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a licence of at least that class of certificate. If, under an exemption under the unamended Act, section 18A, a person must not operate the ship as its master unless the person holds a recreational marine driver licence, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a recreational marine driver licence. a condition that a person who is the owner or master of the ship must not carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in the ship’s registration certificate, unless the person has a reasonable excuse.
- (a) continues for the remaining term of the registration unless it is earlier cancelled or surrendered; and
- (b) is subject to the conditions to which it was subject immediately before the commencement; and
- (c) if, immediately before the commencement, the registration is suspended under the unamended Act—continues to be subject to the suspension; and
- (d) may be amended, suspended, cancelled or surrendered under the amended Act.
- (a) if the old regulation, section 108 applied to the ship immediately before the commencement—a condition that a person who is the owner or master of the ship must not operate the ship in waters other than the following waters— (i) the waters stated in the USL code for a ship of the ship’s class; (ii) the waters in any other operational area stated for the ship in the old regulation, section 108;
- (i) the waters stated in the USL code for a ship of the ship’s class;
- (ii) the waters in any other operational area stated for the ship in the old regulation, section 108;
- (b) if, immediately before the commencement, under the unamended Act, a person must not operate the ship as its master or act as a crew member unless the person holds a particular licence—a condition that a person must not operate the ship as its master or act as a crew member unless the person holds that licence; Examples— 1 If, under the old regulation, section 88(2), a person must not operate the ship as its master unless the person holds a licence of at least a particular class of certificate, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a licence of at least that class of certificate. 2 If, under an exemption under the unamended Act, section 18A, a person must not operate the ship as its master unless the person holds a recreational marine driver licence, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a recreational marine driver licence.
- 1 If, under the old regulation, section 88(2), a person must not operate the ship as its master unless the person holds a licence of at least a particular class of certificate, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a licence of at least that class of certificate.
- 2 If, under an exemption under the unamended Act, section 18A, a person must not operate the ship as its master unless the person holds a recreational marine driver licence, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a recreational marine driver licence.
- (c) a condition that a person who is the owner or master of the ship must not carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in the ship’s registration certificate, unless the person has a reasonable excuse.
- (i) the waters stated in the USL code for a ship of the ship’s class;
- (ii) the waters in any other operational area stated for the ship in the old regulation, section 108;
- 1 If, under the old regulation, section 88(2), a person must not operate the ship as its master unless the person holds a licence of at least a particular class of certificate, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a licence of at least that class of certificate.
- 2 If, under an exemption under the unamended Act, section 18A, a person must not operate the ship as its master unless the person holds a recreational marine driver licence, the registration is subject to the condition that a person must not operate the ship as its master unless the person holds a recreational marine driver licence.