Transport Operations (Marine Safety) and Other Legislation Amendment Bill 2015
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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 Journey
Introduced27 Oct 2015
First Reading
Committee
Committee Report4 Feb 2016
Committee report tabled
Second Reading
In Detail
Third Reading
Royal Assent4 Mar 2016
Referenced Entities
Legislation
Transport Operations (Marine Safety) Act 1994Transport Operations (Marine Pollution) Act 1995Transport Operations (Road Use Management) Act 1995Maritime Safety Queensland Act 2002Criminal Proceeds Confiscation Act 2002Police Powers and Responsibilities Act 2000Marine Safety (Domestic Commercial Vessel) National Law Act 2012Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2015Transport Operations (Marine Safety) Regulation 2004Navigation Act 2012Statutory Instruments Act 1992Legislative Standards Act 1992
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards