QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.46General safety obligation on managing pilotage entity
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### sec.46 General safety obligation on managing pilotage entity
A managing pilotage entity for a compulsory pilotage area must not provide for the piloted movement of ships in the pilotage area in an unsafe way.
Maximum penalty—500 penalty units or imprisonment for 1 year.
Without limiting subsection (1) , a managing pilotage entity causes the piloted movement of ships to be provided in an unsafe way if—
the managing pilotage entity employs an individual as a pilot; and
the individual is not appropriately licensed.
However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the managing pilotage entity commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
s 46 (prev s 43A) ins 2013 No. 40 s 18
amd 2016 No. 3 s 76 sch 1
reloc and renum 2016 No. 3 s 24
(sec.46-ssec.1) A managing pilotage entity for a compulsory pilotage area must not provide for the piloted movement of ships in the pilotage area in an unsafe way. Maximum penalty—500 penalty units or imprisonment for 1 year.
(sec.46-ssec.2) Without limiting subsection (1) , a managing pilotage entity causes the piloted movement of ships to be provided in an unsafe way if— the managing pilotage entity employs an individual as a pilot; and the individual is not appropriately licensed.
(sec.46-ssec.3) However, if the contravention of subsection (1) causes the death of, or grievous bodily harm to, a person, the managing pilotage entity commits an indictable offence and is liable to a maximum penalty of 5,000 penalty units or imprisonment for 2 years.
- (a) the managing pilotage entity employs an individual as a pilot; and
- (b) the individual is not appropriately licensed.