Transport Operations (Marine Safety-Domestic Commercial Vessel National Law Application) Bill 2015

Overview

This bill closes a regulatory gap by bringing the last 5% of Queensland's commercial boats under the national marine safety system. It applies the Commonwealth's Marine Safety (Domestic Commercial Vessel) National Law to vessels owned by individuals, sole traders and partnerships that operate only in Queensland waters, so every commercial vessel in the state follows the same national safety rules.

Who it affects

Small non-corporate commercial boat operators on Queensland inland waters - such as inland ferries, kayak hire services and eel fishers - will now be regulated by the Australian Maritime Safety Authority instead of under Queensland law. The 95% of commercial vessels already covered by the national law see no practical change.

Key changes

• Applies the Commonwealth marine safety national law to all domestic commercial vessels operating in Queensland, including those outside Commonwealth constitutional reach
• Lets the Australian Maritime Safety Authority administer and enforce the applied law as if it were a single Commonwealth law
• Uses Commonwealth interpretation, criminal and administrative laws (AAT, FOI, Ombudsman, Privacy) for the applied provisions
• Gives newly-covered vessel operators a 12-month transition period and keeps existing exemptions, marine orders and delegations in place
• Authorises Transport and Main Roads to share vessel and personal information with the national regulator to avoid duplicate reporting