Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015

Introduced: 27/10/2015By: Hon M Bailey MPStatus: PASSED
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill rewrites parts of Queensland's marine safety laws so they fit alongside Commonwealth laws that have regulated commercial vessels since 2013. It creates a new category called 'Queensland regulated ship' to cover recreational boats and low-risk vessels like surf lifesaving craft that remain under state control, and removes Queensland rules that are now handled nationally.

Who it affects

Recreational boat owners, operators of surf lifesaving and school vessels, commercial vessel operators, marine pilots and Maritime Safety Queensland. Everyday boaters see no change in day-to-day rules, but the legal framework behind those rules is tidied up.

Key changes

  • Introduces 'Queensland regulated ship' covering recreational boats, surf lifesaving craft, school-owned vessels and similar low-risk ships
  • Confirms that Commonwealth law governs commercial vessel safety, registration, licensing and crew qualifications while Queensland keeps pilotage, pollution, dangerous goods, speed limits and alcohol rules
  • Replaces old 'certificates of compliance' and the Queensland accreditation scheme for designers, builders and surveyors with 'survey reports' issued by competent persons
  • Creates a standalone offence for marine pilots who cause a ship to be operated unsafely, with up to 500 penalty units or 1 year in prison, rising to 5000 penalty units or 2 years if death or grievous bodily harm results
  • Keeps the zero blood alcohol limit for non-recreational vessels carrying, or authorised to carry, more than 12 passengers
  • Abolishes Queensland boards of inquiry for marine incidents, leaving investigations to Maritime Safety Queensland and the national regulator
  • Automatically converts existing commercial-ship registrations of low-risk vessels to 'other Queensland regulated ship' registrations, preserving existing conditions

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced27 Oct 2015View Hansard
First Reading27 Oct 2015View Hansard
Committee27 Oct 2015View Hansard

Referred to Utilities, Science and Innovation Committee

Committee Report4 Feb 2016

Committee report tabled

Second Reading16 Feb 2016View Hansard
12 members spoke12 support
7.57 pmHon. MC BAILEYSupports

As the responsible minister, delivered the second reading speech and reply for both cognate bills. Explained the bills align Queensland's marine safety legislation with the Commonwealth national law for domestic commercial vessels.

I would just like to emphasise that industry and those involved in enforcement activities will benefit from the changes made in the bill as they clarify legislative obligations applying to both Queensland regulated ships and domestic commercial vessels.2016-02-16View Hansard
8.34 pmMr EMERSONSupports

As shadow minister, confirmed the LNP would not oppose the bills. Explained the bills affect only a small number of constitutional gap vessels and apply the national law as intended by the 2011 intergovernmental agreement.

The LNP opposition will not be opposing these bills.2016-02-16View Hansard
8.40 pmMr KINGSupports

As committee chair, spoke in support of both bills. Summarised the application bill as covering nine constitutional gap vessels under six owners and the marine safety bill as ensuring seamless interaction between Commonwealth and Queensland legislation.

I rise to speak in support of both the transport operations marine safety bills 2015.2016-02-16View Hansard
8.43 pmMr BROWNSupports

Spoke in support of both bills and explained the legislative mechanism of applying Commonwealth law as Queensland law to achieve seamless regulation of domestic commercial vessels. Highlighted the Palaszczuk government's investment in marine infrastructure.

In that way a seamless approach to the regulation of domestic commercial vessels is achieved.2016-02-16View Hansard
8.57 pmMr MOLHOEKSupports

As committee member, confirmed LNP support for the bills. Emphasised the bills do not affect recreational vessels, community groups or personal watercraft. Spoke about the Gold Coast Waterways Authority and marine safety on the Gold Coast.

These bills are simply harmonisation bills that support commitments that were made in 2011 through an intergovernmental agreement.2016-02-16View Hansard
9.05 pmMr WHITINGSupports

Supported both bills as necessary to create continuity of law across Australia and reduce red tape. Noted the bills extend Commonwealth regulations to the remaining five per cent of vessels not yet covered.

We know that these laws will make it easier to start a business on the waters anywhere in Australia.2016-02-16View Hansard
9.10 pmMr MADDENSupports

Supported the bills and provided historical context about river transport on the Brisbane and Bremer rivers in early Queensland settlement.

The national law commenced on 1 July 2013 and introduced a national system to deliver consistent safety standards, reduce complexity of operators, provide greater certainty for industry.2016-02-16View Hansard
9.15 pmMr COSTIGANSupports

Supported both bills as important clean-up legislation implementing the 2011 COAG agreement. Highlighted the importance of marine safety for the Mackay/Whitsunday region and praised Volunteer Marine Rescue squadrons and the REEFVTS vessel traffic service.

In layman's terms this is pretty seamless legislation. It is important legislation. It is clean-up legislation in the eyes of a lot of observers.2016-02-16View Hansard
9.22 pmMr POWERSupports

Supported the bills as harmonisation of maritime laws. Provided extensive historical context about shipping on the Logan River and its role in early colonial settlement.

There are times when this parliament may wish to respond to specific Queensland conditions and to strike out in their own direction despite the national law. However, in the case of shipping this is not the case and harmonisation and complementarity will make the process of operating shipping in Queensland waters easier.2016-02-16View Hansard
9.28 pmMr BUTCHERSupports

Supported the bills and raised concerns about crew welfare on foreign ships in Gladstone and the replacement of Australian crews with cheaper overseas labour. Highlighted the Port of Gladstone's economic importance.

I am deeply concerned with recent reported issues with crew welfare on foreign ships in Gladstone.2016-02-16View Hansard
9.36 pmMr LASTSupports

Supported both bills as a committee member. Explained the constitutional gap affecting vessels on inland waters and the transitional provisions for affected operators.

The passing of these bills will ensure that the national law regulates all domestic commercial vessels that operate in Queensland.2016-02-16View Hansard
9.42 pmMiss BOYDSupports

Supported both bills as common-sense harmonisation legislation. Highlighted the Pine Rivers Fish Management Association's work with vessels on local lakes and the government's investment in marine infrastructure across Queensland.

Before the arrangement, every state had a different requirement for vessel safety and certification and this just made no sense at all.2016-02-16View Hansard
In Detail16 Feb 2016View Hansard
Third Reading16 Feb 2016View Hansard
Royal Assent4 Mar 2016

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards