Transport Operations (Marine Safety-Domestic Commercial Vessel National Law Application) Bill 2015
Plain English Summary
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
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Utilities, Science and Innovation Committee
▸Second Reading16 Feb 2016View Hansard
▸12 members spoke12 support
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
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
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
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
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
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
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
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
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
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
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
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
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards