queensland marine act 1958-1985

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QUEENSLAND

QUEENSLAND MARINE ACT 1958-1985

WITH

INDEX

(Compiled to 1 January, 1988)

Prepared by direction of The Honourable D. McC. NEAL, M.L.A., Minister for Water Resources and Maritime Services

BY AUTHORITY

S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1988

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QUEENSLAND MARINE ACT 1958-1985

[Reprinted as at 1 January, 1988]

Queensland Marine Act of 1958, 7 Eliz. 2 No. 37 As amended by

Queensland Marine Act Amendment Act of 1963, No. 1

Explosives Acts and Another Act Amendment Act of 1963, No. 33 Queensland Marine Acts Amendment Act of 1967, No. 1

Queensland Marine Act Amendment Act 1972, No. 1

Commenced 27 May 1972 (Proc. pubd. Gaz. 27 May 1972, p. 617).

Metric Conversion Act 1972, No. 31, Part II, First Sch.

Part II and First Schedule in relation to this Act commenced 1 July 1973 (Proc.

pubd. Gaz. 16 June 1973, p. 1460).

Commenced 1 July 1976 (Proc. pubd. Gaz. 17 April 1976, p. 1539).

Commenced 1 January 1980 (Proc. pubd. Gaz. 18 August 1979, p. 2045).

Abbreviations. Abbreviations used in references to other Acts in notes appearing at the beginnings of sections have the following meanings:-

C'th Act . . . . M.S. Act . . . . M.S. Act, 1906 N.S.W. Act N.Z. Act . . . . N.Z.H. Act P.D.R. Act Q. Act . . . . Q. Act (1896) ..

Q. Act (1911) ..

Q. Act (1930) ..

Q. Act (1939) ..

Q.H. Act ..

S.A. Act . . . . S.A.H. Act..

V. Act . . . . W.A. Act ..

. . Navigation Act 1912-1968 (Commonwealth) Merchant Shipping Act, 1894 (Imperial) Merchant Shipping Act, 1906 (Imperial) Navigation Act, 1901-1954 (New South Wales) Shipping and Seamen Act, 1952 (New Zealand) Harbours Act, 1950 (New Zealand)

Port Dues Revision Act of 1882 (Queensland) Navigation Act of 1876 (Queensland)

Navigation Act Amendment Act of 1896 (Queensland) Navigation Acts Amendment Act of 1911 (Queensland) Navigation Acts Amendment Act of 1930 (Queensland) Navigation Acts Amendment Act of 1939 (Queensland) Harbours Acts 1955 to 1968 (Queensland)

Marine Act, 1936 (South Australia) Harbours Act, 1936 (South Australia) Marine Act, 1928 (Victoria)

Western Australian Marine Act, 1948 (Western Australia)

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2 s. I QUEENSLAND MARINE ACT 1958-1985 s. 3

Queensland Marine Act Amendment Act 1981, No. 88 (as amended by Act No. 8 of 1985 Part III)

Commenced 1 January 1988 (Proc. pubd. Gaz. 19 December 1987, p. 1657).

Queensland Marine Act and Another Act Amendment Act 1985, No.8, Part II

ss. 4-7, 15 and 16 commenced 13 July 1985 (Proc. pubd. Gaz. 13 July 1985, p. 1798).

ss. 8, 30 commenced 10 June 1986 (Proc. pubd. Gaz. 7 June 1986, p. 1104).

Part II (except as above) commenced 1 January 1988 (Proc. pubd. Gaz. 19 December 1987, p. 1657).

An Act to Consolidate and Amend the Law of Queensland relating to Merchant Shipping, and for other purposes.

[RESERVED: HER MAJESTY'S ASSENT PROCLAIMED: 30 OCTOBER, 1958]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

PART I-PRELIMINARY

1. Short title. This Act may be cited as "The Queensland Marine Act of 1958."

Collective title conferred by Act of 1985, No. 8, s. 4 (2).

2. Commencement after reservation M.S. Act, s. 736. ( 1) This Act shall not come into operation until after Her Majesty's pleasure herein has been publicly signified in Queensland.

After the signification of the said pleasure this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

(2) It shall not be necessary to proclaim that the whole Act shall commence on the one date but the several Parts, Divisions, Sections, and Schedules may be proclaimed to commence on such dates as are respectively fixed by Proclamation.

Part III and Second Schedule commenced 19 November 1960 (Proc. pubd. Gaz. 5 November 1960, p. 1401).

Act (except as above) commenced 2 February 1959 (Proc. pubd. Gaz. 17 January 1959, p. 349).

3. Parts of this Act. This Act is divided into Parts as follows:-

PART I-PRELIMINARY (ss. 1-8);

PART II-ADMINISTRATION (ss. 9-21);

Division /-The Marine Board of Queensland (ss. 9-13);

Division //-Officials (ss. 14-18);

Division III-General (ss. 19-21);

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s. 3 QUEENSLAND MARINE ACT 1958-1985 s. 3 3 PART III-MANNING OF SHIPS (ss. 22-28);

Division ]-Application of Commonwealth Provisions (s. 22);

Division 2-Provisions in respect of Vessels to which Division 1 does not Apply (ss. 23-28);

PART IV-EXAMINATIONS AND CERTIFICATES OF COMPETENCY (ss. 64-73);

PART V-PASSENGERS (ss. 107-110);

PART VI-SURVEY AND REGISTRATION OF CERTAIN SHIPS (ss. 111-124A);

PART VII-SAFETY AND PREVENTION OF ACCIDENTS (ss. 124s-159);

Division /-Application (s. 124s);

Division II-Unseaworthy Ships (ss. 125-126);

Division Ill-Overcrowding and Overloading (ss. 127-128);

Division IV-Deck and Load Lines (ss. 129-135);

Division V-Equipment (ss. 136-139);

Division VI-Regulationsfor Preventing Collisions, &c.-Lights, Signals, &c. (ss. 140-146);

Division VII-Carriage of Dangerous Goods (ss. 147-153);

Division VIII-Livestock and Deck Cargo (s. 154);

Division IX-Miscellaneous Provisions for Furthering Safety (ss. 155-159);

PART VIII-PILOTAGE (ss. 160-182);

Division /-Port Pilotage (ss. 160-178);

Division II-Queensland Coastal Pilots (ss. 179-180);

Division III-General (ss. 181-182);

PART IX-INQUIRIES AND INVESTIGATIONS INTO SHIPPING CASUALTIES, INCOMPETENCY, AND MISCONDUCT (ss. 183-195);

Division /-Application (s. 183);

Division If-Notice of Shipping Casualties, &c. (s. 184);

Division Ill-Preliminary Inquiries-Formal Investigations (ss. 185-195);

PART X-REGULATION AND CONTROL OF CERTAIN VESSELS (s. 196);

PART XA-REGULATION AND CONTROL OF AIR CUSHION VEHICLES (s. 196A);

PART XI-PORTS (ss. 197-219);

Division /-Control of Ports (ss. 197-218);

Division II-Conservancy Dues (s. 219);

PART XII-CONTROL OF EXPLOSIVES IN SHIPS (ss. 220-230);

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4 s. 4 QUEENSLAND MARINE ACT 1958-1985 s. 6 PART XIII-LEGAL PROCEEDINGS AND DETENTION OF VESSELS

(ss. 231-247);

PART XIV-MISCELLANEOUS (ss. 248-266);

SCHEDULES.

As amended by Act of 1972, No. 1, s. 3; Act of 1981, No. 88, s. 3 (as amended by Act No. 8 of 1985, s. 41).

4. Interpretation. This Act, including every Proclamation, Order in Council, regulation, and rule made under or continued in force by this Act, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such Proclamation, Order in Council, regulation, or rule would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

5. Saving of certain other Acts. Unless otherwise expressly provided, the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of-

(i) "The Criminal Code"; or

(ii) Any other Act (including any regulation, by-law, ordinance, or rule thereunder) specified in this behalfby the regulations, and nothing in this Act shall extinguish or abridge any power or authority conferred by any such Act or exercisable by virtue of the prerogative of the Crown.

5A. Act applies to Her Majesty's Ships. This Act, including every Proclamation, Order in Council, regulation or rule hereunder shall apply to Her Majesty's Ships.

Inserted by Act of 1975, No. 48, s. 3.

6. Exemptions. Q. Act, s. 3. C'th Act, s. 3. M.S. Act, s. 741. Except where this Act or any Proclamation, Order in Council, regulation or rule made hereunder otherwise provides this Act, including every Proclamation, Order in Council, regulation or rule hereunder, shall not apply to-

(i) (Repealed);

(ii) Ships of the naval, military, or air forces of any Commonwealth country, including Australia and any Commonwealth country other than Australia, or of any British possession not a Commonwealth country, and, save ships usually engaged in carrying passengers or cargo or both passengers and cargo for hire or reward, ships which belong to the Government of any such Commonwealth country or British possession or which are held by any person on behalf of or for the benefit of any such Government, or which are employed in the service of any such Government; or

(iii) Ships of the naval, military, or air forces of any foreign Government.

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s. 7 QUEENSLAND MARINE ACT 1958-1985 s. 7 5

For the purposes of this section "Commonwealth" means the British Commonwealth of Nations, and "Commonwealth country" means a country that is a member of the Commonwealth, including every territory for whose international relations the Government of that

country is responsible. ·

As amended by Act of 1975, No. 48, s. 4.

7. Repeals and savings. Sch. I. The Acts mentioned in the First Schedule to this Act (hereinafter referred to as "the repealed Acts") are repealed to the extent in that Schedule indicated:

Provided that, but without limiting the operation of "The Acts Interpretation Acts, 1954 to 1957,"-

(i) The Marine Board of Queensland constituted and incorporated under the repealed Acts shall continue in existence and shall under the same name be the Board constituted under and for the purposes of this Act;

The repeal of the repealed Acts shall not affect its continuity or its corporate identity;

That Board shall be constituted under and for the purposes of this Act by the chairman and other members thereof in office immediately prior to the commencement of this Act, each of whom may, subject to this Act but without further or other appointment, continue in his respective office;

(ii) The repeal of the repealed Acts shall not affect the continuity of the office or employment of any officer or employee of that Board, but every person who immediately prior to the commencement of this Act is an officer or employee of that Board shall thereafter continue in his office or employment under and subject to this Act;

(iii) The repeal of the repealed Acts shall not affect any rights or liabilities of that Board, and any legal proceedings that might have been commenced or continued by or against that Board as constituted under the repealed Acts may be commenced or continued by or against it as constituted under and for the purposes of this Act;

(iv) Property, including moneys, held under and for the purposes of the repealed Acts by the Board shall be retained and applied by that Board under and for the purposes of this Act;

(v) Unless otherwise expressly provided, every Proclamation, Order in Council, regulation, certificate, license, registration, registered number or name, appointment, approval, agreement, arrangement, consent, determination, requirement, notice, prohibition, or act of authority made, granted, given, issued, done or otherwise originated under the repealed Acts and subsisting at the commencement of this Act, shall, subject as hereinafter provided and so far as it is consistent with this Act, continue without prejudice to

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6 s. 7 QUEENSLAND MARINE ACT 1958-1985 s. 7

the conditions, restrictions, and endorsements, if any, thereof for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated) until it expires by effiuxion of time, or is repealed, revoked, cancelled, suspended, or surrendered under this Act:

Provided that every such Proclamation, Order in Council, regulation, certificate, license, registration, appointment, approval, agreement, arrangement, consent, determination, requirement, notice, prohibition, or act of authority shall be read and construed subject to this Act;

(vi) The portmaster and all harbour masters, shipping inspectors, surveyors, pilots, and all other persons appointed under any provision of the repealed Acts and in office at the commencement of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and shall, subject to this Act, continue to hold those offices respectively in terms of their appointments without further or other appointments under this Act;

All shipping masters appointed under any provision of the repealed Acts and in office at the commencement of this Act shall be deemed to have been appointed to the office of superintendent under and for the purposes of this Act and shall, subject to this Act, hold the office of superintendent in terms of their appointments as shipping masters without further or other appointments under this Act;

Any reference in any other Act to a shipping master appointed under any of the repealed Acts shall be taken to mean and include a reference to a superintendent appointed or deemed to have been appointed under this Act;

(vii) All moneys which having accrued due under any provision of the repealed Acts are at the date of the repeal of such provision due or payable to or recoverable by the Crown, or the Minister, or the Board, or any other body or person shall be and continue to be so due, payable and recoverable, and may be paid and received and recovered accordingly;

(viii) All penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the repeal thereof shall be enforceable and may be enforced as if the repealed Acts had not been repealed;

(ix) All actions and proceedings under the repealed Acts commenced or pending when those Acts are repealed may be carried on and prosecuted as if such repeal had not been made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act;

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(x) In any Act (including any Order in Council, regulation or other instrument thereunder) any reference to or citation of the repealed Acts or any of them shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of this Act, and any reference to the Marine Board of Queensland constituted under the repealed Acts shall be read as a reference to the Marine Board of Queensland under this Act;

(xi) The amount of every fee prescribed by any provision of the repealed Acts shall continue to be payable under and for the purposes of the corresponding provision of this Act as if the same were prescribed by that corresponding provision until such time as the amount of that fee is prescribed by regulation.

8. (1) Meaning of terms. In this Act, unless the .context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Air cushion vehicle"-A vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the water or other surface beneath the vehicle;

"Apprentice''-A person duly indentured as an apprentice to the sea service;

"Berth"-Includes moorage and anchorage;

"Board"-The Marine Board of Queensland continued by or constituted under this Act;

"Boat"-Every vessel not a ship as herein defined, which is used in navigation;

"Board of Trade"-The Board ofTrade ofthe United Kingdom:

The term includes the Ministry of Transport of the United Kingdom or other authority for the time being administering the Merchant Shipping Act;

"Buoy" or "beacon" or "buoy and beacon"-Includes all marks and signs within or near the approaches of any port and whether on land or on or in the water for any purpose of navigation; and also includes any radio aid to marine navigation, not being part of the radio apparatus on board any ship;

"Cargo"-Includes livestock, but does not include mails;

"Casualty" -Includes the loss, abandonment, collision, or grounding of, and any mishap, accident, injury, or damage, whether by fire or otherwise howsoever, to any ship;

"Chairman"-The Chairman of the Board including any person who for the time being occupies the office or performs the duties of the said chairman;

"Coaster" -A sea-going ship employed in trading in the jurisdiction or going between ports in the jurisdiction: The

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8 s. 8 QUEENSLAND MARINE ACT 1958-1985 s.8

term includes a sea-going ship employed in carrying passengers to sea and returning to the port of departure or employed for charter or letting out for hire or reward;

"Commercial vessel" -A vessel which is used or intended to be used for any purpose other than solely for pleasure or recreation: The term does not include-

(i) A fishing vessel;

(ii) An off-shore industry mobile unit within the meaning of the Commonwealth Navigation Act; or

(iii) An off-shore industry vessel within the meaning of the Commonwealth Navigation Act and to which such Act applies;

"Commonwealth Navigation Act"-The Commonwealth Act, the Navigation Act 1912-1953, and includes any Commonwealth Act amending the same or in substitution therefor;

"Dangerous goods" -Goods as so defined and classified in the International Maritime Dangerous Goods Code published by the Inter-Governmental Maritime Organisation;

"Equipment"-In relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the operation of the ship and includes life- saving appliances, fire-fighting appliances, cargo handling equipment, mooring equipment, towing equipment, sanitary appliances including effluent holding tanks and treatment systems, miscellaneous equipment, radio equipment, lights and sound signals and medical stores;

"Explosive" -Any explosive as defined and classified in the International Maritime Dangerous Goods Code published by the Inter-Governmental Maritime Organisation;

"Fishing vessel"-A vessel used or intended to be used for catching fish, whales, seals, walrus or other living resources of the sea for a commercial purpose but excluding any vessel engaged in harvesting or transportation of algae or acquatic plants or that is primarily a carrier or mother vessel or that is employed at any time in trade;

"Foreshore" -Such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides;

"Go to sea" or "proceed to sea"-Includes plying seaward beyond the limits of any port in the jurisdiction, and the getting under way or attempting to get under way for the purpose of going to sea: "sea-going" and "take to sea," and "send to sea" have corresponding meanings;

"Harbour"-Includes any harbour properly so called, whether natural or artificial, and any haven, roadstead, estuary, navigable river, creek, channel or lake, dock, wharf, or other work in or at which ships do or can obtain shelter, or ship

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s. 8 QUEENSLAND MARINE ACT 1958-1985 s.S 9

or unship goods or passengers, and any harbour the limits of which are for the time being defined under, "The Harbours Acts, 1955 to 1956," or by those Acts deemed to have been defined, under and for the purposes of those Acts and any non-tidal navigable water of the jurisdiction (including any inland navigable water): The term also includes the tidal waters and foreshores of any harbour;

"Harbour light" -Any light erected in aid of navigation within or near the approaches of any port, including all fog signal apparatus, lightships, or other fixed or floating lights erected, moored, anchored, or placed for that purpose;

"Harbour master" -Any person for the time being appointed or deemed to be appointed under and for the purposes of this Act harbour master at a port: The term includes any person for the time being appointed to act in such a capacity or to perform any of the duties of a harbour master;

"Her Majesty's ship" or "ship belonging to Her Majesty" -A ship of or in the service of the Queensland Government;

"Incompetent"-Unable, from any cause whatever, to perform efficiently the duty of the person in relation to whom the term is used;

"Inter-State voyage", in relation to a ship, means a voyage (other than an overseas voyage) in the course of which a ship travels between-

(i) A port in a State and a port in another State;

(ii) A port in a State and a port in a Territory; or (iii) A port in a Territory and a port in another Territory,

whether or not the ship travels between two or more ports in any one State or Territory in the course of the voyage;

"Intra-State voyage"-a voyage or excursion other than an overseas voyage or an inter-State voyage;

"Length"-In relation to a vessel or ship, the distance in metres measured in the fore and aft line from the fore part of the hull to the after part of the hull of the vessel or ship taken at the upper side of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;

"Lighter"-Includes any barge, hulk, or other vessel of a like nature possessing no independent motive power or means of propelling itself;

"Machinery" -Includes boilers, engines, pumps, fuel and bilge systems, cranes, winches, windlasses, and electrical and other ancillary equipment used in the operation of a ship;

"Master"-In relation to any ship, any person (except a pilot) having command or charge for the time being of that ship;

"Merchant Shipping Act"-The Merchant Shipping Act, 1894 of the United Kingdom as in force as part of the law applying in Queensland at the material time;

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10 s. 8 QUEENSLAND MARINE ACT 1958-1985 s.S

"Minister"-The Treasurer or other Minister of the Crown for the time being charged with the administration of this Act;

"Misconduct" -Includes reckless or careless navigation, drunkenness, tyranny, any failure of duty or want of skill, or any improper conduct;

"Motor boat"-"Motor vessel"-A vessel defined by the regulations to be a motor boat or, as the case may be, a motor vessel under and for the purposes of Part X;

"Motor ship" -A ship propelled by electricity, motor, or any other mechanical power other than steam;

"Navigation Act"-The Commonwealth Act, the Navigation Act 1912-1953, and any Act amending the same or in substitution therefor;

"Officer"-A member of the crew, other than the master, designated as such by collective agreement or custom within the maritime industry;

"Official"-The Portmaster, or the secretary, or any harbour master, superintendent, shipping inspector, surveyor, pilot, or other official whomsoever appointed or employed under and for the purposes of the execution of this Act;

"Overseas voyage"-In relation to a ship, means a voyage in the course of which the ship travels between-

(i) A port in Australia and a port outside Australia;

(ii) A port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;

(iii) A port outside Australia and a place in the waters of the sea above the continental shelf of Australia;

(iv) A place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;

(v) Ports outside Australia; or

(vi) Places beyond the continental shelf of Australia,

whether or not the ship travels between 2 or more ports in.

Australia in the course of the voyage: Provided that a voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in the jurisdiction, commencing at a port in the jurisdiction and ending at the same port or another port in the jurisdiction shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea;

"Owner"-In relation to a ship means any person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an

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owner whether on his own behalf or on behalf of another person and includes a person who is the owner jointly with any other person or persons and in all cases where the owner or joint owner is a body corporate both the manager and the secretary of the body corporate;

"Part"-Part of this Act: Where necessary the term includes all Proclamations, Orders in Council, regulations, and rules, if any, made or deemed to be made for the purposes of the Part in question;

"Passenger" -Any person other than-

(i) The master and the members of the crew or other persons employed or engaged in any capacity on board a vessel on the business of that vessel; and

(ii) A child under 1 year of age;

"Passenger coaster"-Any coaster that carries on board or is certificated to /carry on board more than six passengers;

"Pilot"-In relation to any ship, any person appointed or licensed as such under this Act, and not belonging to the ship, who for the time being has the conduct thereof;

"Pilot company"-A company within the meaning of the Companies (Queensland) Code authorized by its memorandum or articles of association to engage in the business of providing a pilotage service;

"Pleasure yacht"-A vessel, however propelled, that is used exclusively for pleasure and does not carry passengers or cargo for hire or reward; but does not include a ship that is provided for the transport or entertainment of lodgers at any institution, hotel, private hotel, boarding house, lodging house, guest house, or other establishment;

"Plying"-Used in relation to any ship, includes running, proceeding, or navigating;

"Port"-Includes place and harbour;

"Portmaster"-The portmaster for the time being of Queensland, or the person who for the time being occupies the office or performs the duties of the said portmaster;

"Regulations"-Regulations made under, or continued in force by, this Act;

"Seaman"-A person employed or engaged in any capacity on board a vessel on the business of the vessel other than a pilot or a person temporarily employed on the vessel in port;

"Seaplane"-Includes a flying boat and any other aircraft designed to manoeuvre on the water;

"Secretary"-The secretary to the Board, including any person who for the time being occupies the office or performs the duties of the said secretary;

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12 s.S QUEENSLAND MARINE ACT 1958-1985 s.S

"Ship" -Every vessel used in navigation not ordinarily propelled by oars only;

"Shipping inspector" -Any person for the time being appointed or deemed to be appointed as a shipping inspector under and for the purposes of this Act: The term includes any person for the time being appointed to act in that capacity or to perform any of the duties of a shipping inspector;

"Steamship" -Any ship propelled by steam;

"Superintendent" -Any person for the time being appointed or deemed to be appointed as a superintendent under and for the purposes of this Act: The term includes any person for the time being appointed to act in that capacity or to perform any of the duties of a superintendent;

"Surveyor" -Any person for the time being appointed or deemed to be appointed, or recognised, to be a marine surveyor under and for the purposes of this Act: The term includes any person for the time being appointed to act in any such capacity or to perform any of the duties of any such person;

"The jurisdiction" -Queensland, including the territorial waters of Queensland and the inland navigable waters of the State;

"This Act"-This Act and all Proclamations, Orders in Council, regulations, rules, and notifications made under or continued in force by this Act;

"Tidal land" -Such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides; .

"Tidal water"-Any part of the sea or of any harbour within the ebb and flow of the tide at ordinary spring tides;

"Trade"-Used in relation to any vessel, includes plying for hire or reward or plying for the conveyance of passengers or of cargo or of both passengers and cargo;

"Uniform Code"-The Uniform Shipping Laws Code adopted by the Conference of Commonwealth and State Ministers known as the Australian Transport Advisory Council;

"Use"-In relation to any ship, includes guide or control;

"Vehicle"-Any description of vehicle however propelled and without limiting the generality thereof includes a motor cycle, bicycle, tricycle or other vehicle of similar description and a trailer attached to or drawn by a vehicle;

"Vessel"-Includes any ship, boat, and any other description of vessel used or designed for use for any purpose on the sea or in navigation: Without limiting the generality of the aforegoing, the term includes any dinghy, lighter, barge, punt, hulk, raft, houseboat, pontoon, seaplane, air cushion vehicle, or like vessel;

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s. 9 QUEENSLAND MARINE ACT 1958-Jf'35 s. 9 13

"Water-skiing"-The movement of a person on the water by a vessel while that person is outside of but attached to the vessel;

"Wharf'-Includes quay, pier, jetty, landing place or stage or platform, or premises whether of a like description or not, at, in, on, or from which passengers or cargo or both may be taken on board of or discharged or landed from any vessel.

Any reference in this Act to a failure to do any act or thing includes a reference to a refusal or neglect to do that act or thing.

(2) Application of provisions relating to steamships. Q. Act (1911), s. 4. M.S. Act, s. 743. C'th Act, s. 4. (a) Unless otherwise indicated or provided, the provisions of this Act relating to steamships shall apply, with such modifications (if any) as may be prescribed by the regulations, to motor ships.

(b) Without limiting the general power to make regulations conferred by section two hundred and sixty-four of this Act, regulations may be made under that section prescribing modifications of the provisions of this Act relating to steamships for the purpose of adapting them to all or any matters relating to motor ships.

As amended by Act of 1972, No. I, s. 4; Act of 1975, No. 48, s. 5; Act of 1981, No.

88, s. 4 (as amended by Act No. 8 of 1985, s. 42); Act of 1985, No. 8, s. 5.

PART II-ADMINISTRATION

Division /-The Marine Board of Queensland

9. The Marine Board of Queensland. Q. Act, ss. 5-11. (1) (a) For the purposes of this Act there is hereby constituted a Board which shall be called "The Marine Board of Queensland" (in this Act referred to as the "Board").

The Board shall be deemed to be constituted forthwith upon the commencement of this Act.

(b) Subject to the Minister, the Board shall be charged- (i) With the administration of this Act; and

(ii) Except as may otherwise be provided by this or any other Act or in the exercise of any power or authority conferred by any such Act or otherwise, with the general superintendence of all matters within the powers of this State relating to shipping and seamen.

(c) Nothing in the last preceding paragraph of this subsection shall derogate from or affect any provision of any other Act, or extinguish or abridge any power or authority conferred by any such Act or exercisable by virtue of the prerogative of the Crown in right of this State.

(2) (a) The Board shall be a body corporate under the name prescribed as aforesaid, and by that name shall have perpetual succession

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and an official seal, and shall be capable in law of suing and being sued in its corporate name and of acquiring, holding, leasing, and disposing of property, real and personal, movable and immovable, and of doing and suffering all such other acts, matters, and things, as bodies corporate may by law do and suffer.

(b) All courts, judges, and persons actingjudicially shall take judicial notice of all appointments of members of the Board and of their respective signatures as well as of the appointment of the secretary and of his signature, and of the seal of the Board affixed to any document or other writing whatsoever, and, until the contrary is proved, shall presume that every such signature or such seal, as the case may be, was duly affixed to any document or other writing whatsoever.

(3) Membership. The Board shall consist of a chairman and four other members.

The portmaster for the time being of Queensland, or the person who for the time being occupies the office or performs the duties of the said portmaster shall ex officio be a member of the Board and chairman thereof.

The four other members of the Board shall be appointed from time to time by the Governor in Council by notification published in the Gazette.

The members of the Board other than the chairman shall, subject to subsection four of this section, each hold his office as member at the pleasure of the Governor in Council.

(4) Term of office. The office of a member of the Board, other than the ex officio member thereof, shall-

(i) Commence on the date of his appointment thereto; and (ii) Become vacant if such member-

(a) Dies or becomes mentally sick; or

(b) Becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or

(c) Is absent without leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to him; or

(d) Resigns his office by writing under his hand delivered to the Minister (such resignation shall be complete and shall take effect from the time when it is received by the Minister); or

(e) Is convicted of an indictable offence or of an offence against this Act; or

(f) Is removed from office by the Governor in Council by notification published in the Gazette:

Provided that the attendance of any such member at the time and place appointed for an ordinary meeting shall be deemed to constitute

(18)

presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the names of all members who so attend.

(5) Deputy chairman. (a) The Governor in Council may from time to time appoint, by notification published in the Gazette, any member (other than the ex officio member) of the Board to be the deputy chairman thereof and that member shall, subject to this paragraph (a), hold the office of deputy chairman of the Board from the date of his appointment thereto and until he ceases to be a member of the Board unless he is sooner removed from his aforesaid office as deputy chairman by the Governor in Council by notification published in the Gazette:

Provided that the deputy chairman may resign his office as such by writing under his hand delivered to the Minister and such resignation as deputy chairman shall be complete and shall take effect from the time when it is received by the Minister.

(b) The deputy chairman shall act in the office of chairman of the Board whenever the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman and whilst so acting shall have and may exercise all of the immunities, powers, authorities and functions, and shall perform all the duties, of the chairman.

Every reference in this Act to the chairman of the Board shall, unless the contrary intention appears, accordingly be deemed to include a reference to the deputy chairman whilst he acts as chairman.

(6) Appointment of deputies. If the deputy chairman or any other member other than the ex officio member of the Board is at any time prevented by absence, illness, or otherwise from performing the duties of his office, the Governor in Council may, by notification published in the Gazette, appoint another person to act in that office during such time as the deputy chairman or other member is so prevented from performing such duties, and the person so appointed, whilst so acting, shall have and may exercise all of the immunities, powers, authorities and functions, and shall perform all the duties, of the deputy chairman or member in whose place he acts. In the case of the deputy chairman appointments under this subsection may be of another member to act as deputy chairman and of another person to act as member.

(7) Validity of acts, persons acting as deputies. No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising the deputy chairman to act in the place of the chairman or a person to act in the place of a member or as to the necessity or propriety of any appointment of a deputy; and all acts or things done or omitted by the deputy chairman or a person when so acting as aforesaid shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the chairman or the member in whose place such deputy chairman or person as the case may be is acting.

(19)

16 s.IO QUEENSLAND MARINE ACT 1958-1985 s.IO

(8) Allowances, &c. Each member shall receive such remuneration, fees, and allowances, if any, as the Governor in Council may from time to time determine.

Any such determination may from time to time be revoked or amended.

Any such determination with respect to any member may differ according to class of payment or rates or both class and rate from any determination with respect to any other member.

(9) Where officers of Government Departments appointed. Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of a member or acting member under this Act, or from accepting and retaining any remuneration, fees or allowances payable to a member under the last preceding subsection.

10. (1) Proceedings of the Board. Meetings. The Board shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time determine.

(2) Quorum. Not less than three members of the Board of whom the chairman or deputy chairman shall be one, shall form a quorum at any meeting of the Board, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and shall have and may exercise and perform all the powers, authorities, duties and functions of the Board.

(3) Chairman. The chairman shall preside at all meetings of the Board at which he is present.

If the chairman is absent from any duly convened meeting the deputy chairman shall preside at the meeting.

The person presiding at any meeting of the Board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote.

(4) Defects in appointment not to invalidate proceedings of Board.

No act or proceeding of the Board shall be invalid or illegal in consequence only of the number of the members of the Board not being complete at the time of such act or proceeding.

All acts and proceedings of the Board shall, notwithstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the Board, and as if the Board had been properly and fully constituted.

(20)

11. (1) Board to be responsible to the Minster. Q. Act, s. 8. The Board shall be responsible to and subject to the general supervision of the Minister for and in the exercise and performance of its powers, authorities, duties and functions under this Act.

(2) Reports, &c. The Board shall furnish to the Minister whenever and such as the Minister may require, reports, estimates, accounts, vouchers and documents relating to any matters under the control or management of the Board, or to the administration of this Act.

12. General powers and duties of the Board. (1) The Board shall have and may exercise such administrative and other functions as are necessary for the due performance and exercise of the powers, authorities, duties and functions with which it is charged by or under this Act or any other Act or otherwise.

(2) For the purposes of this Part, any act or duty which any official, or any other person acting under the direction or superintendence of the Board or any official, is, by or under this Act or any other Act or otherwise, authorised or required to do or perform, shall be deemed to be a duty with which the Board is charged.

(3) Without derogating from or affecting the provisions of subsections one and two of this section, the Board shall have such powers, authorities, duties and functions as are conferred or imposed upon it by or under this Act or any other Act.

(4) The Board may from time to time employ such employees as may be necessary for carrying out its functions and may at any time terminate the services of any such employees.

13. Presumption of regularity. Q. Act, s. 21. (1) All documents whatever, purporting to be issued or written by or under the direction of the Board, and purporting to be signed by the secretary or any person acting with the authority of the Board, shall be received in evidence and shall be deemed to be issued or written by or under the direction of the Board pursuant to this Act, without further proof, unless the contrary is shown.

(2) All documents purporting to be certificates granted or issued by the Board in pursuance of this Act, and to be sealed with the seal of the Board or to be signed by the chairman or by the secretary or any person acting with the authority of the Board, shall be received in evidence and shall be deemed to be such certificates without further proof, unless the contrary is shown.

(3) Every document purporting to be an official copy of any deed, instrument, or other writing whatsoever sealed with the Board's seal, whether the deed, instrument, or other writing is required to be sealed or not, shall, if signed by the chairman or by the secretary or any person acting with the authority of the Board, be received in evidence and, until the contrary is proved, be deemed to be a true copy of the original of which it purports to be a copy.

(21)

(4) Every summons, process, demand, order, notice, statement, direction, or other document requiring authentication by the Board may, unless otherwise provided, be sufficiently authenticated without the seal of the Board if signed by the chairman or by the secretary.

Division 11-0fficials

14. Appointment of officials. Q. Act, s. 12. Q. Act (1939), s. 18. (1) The Governor in Council may from time to time appoint under and for the purposes of this Act a portmaster and such and so many harbour masters, superintendents, shipping inspectors, marine surveyors, pilots, and other officials as may be deemed necessary for the effectual execution of this Act and shall pay to such portmaster and other officials such salaries as he thinks fit. Any such appointment may be made on the passing of this Act.

Any official appointed under this section shall be deemed to be an official of the Board.

(2) A person may be appointed under and for the purposes of this Act to hold one or more offices.

(3) An officer of the Public Service may, in addition to the position which he holds at or after the commencement of this Act, be appointed also to perform such duties under this Act as the Governor in Council may direct or as may be prescribed, and in respect of the performance of such duties shall be deemed to be an official of the Board:

Provided always that any official appointed under this Act may hold his office under this Act in conjunction with any other office which he may hold at or after the commencement of this Act.

(4) Any of the appointments (other than that of the portmaster) under this section may be made at any port specified by the appointment, but unless the Governor in Council otherwise directs by the appointment, any such official may exercise and discharge his powers, authorities, duties and functions under this Act in any part of the State notwithstanding that he has been appointed at a specified port.

(5) Any and every appointment under this section may be notified in the Gazette.

(6) Any port assigned to any official at the commencement of this Act shall, subject to this Act, continue without further or other authority, to be assigned to that official.

(7) Nothing in this Act shall prejudice or in any way affect the application of the provisions of"The Public Service Acts, 1922 to 1955,"

to any appointment of, or person appointed or deemed to be appointed, an official under and for the purposes of this Act.

(8) Any person engaged to act for, on behalf of or by the Board, as well as any official, shall during the engagement be regarded as holding a public office.

As amended by Act of 1985, No. 8, s. 6.

(22)

s. 15 QUEENSLAND MARINE ACT 1958-1985 s. 17 19 The Portmaster

15. Portmaster. Q. Act, s. 152. (1) The portmaster shall have and may exercise and perform in any part of the State all the powers, authorities, duties and functions by this Act conferred upon or vested in any harbour master or other official whomsoever.

(2) There may from time to time be appointed under section fourteen of this Act a suitable person to be the deputy of the portmaster.

(3) On the occurrence from any cause of a vacancy in the office of the portmaster (whether by reason of death, resignation, or otherwise), and in case of the illness, absence, or temporary incapacity of the portmaster (from whatever cause arising), and so long as the vacancy, illness, absence, or temporary incapacity continues, the deputy shall have, exercise and perform all the powers, authorities, duties and functions of the portmaster.

( 4) The fact that the deputy of the portmaster exercises any power, authority, duty or function as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising him to do so.

(5) (a) Every official shall exercise and perform the powers, authorities, duties and functions imposed upon him by or under this Act under the general supervision and direction of the portmaster:

Provided that subject to the portmaster the harbour master at any port shall exercise a general supervision of other officials appointed at that port.

(b) Any breach by an official of the administrative arrangements provided by this subsection shall be a matter for disciplinary action by the person having, under this or any other Act, power to take such action, and shall not affect or prejudice the validity of anything done or omitted to be done by the official concerned.

Secretary

16. Secretary. (1) For the purposes of this Act there may from time to time be appointed under section fourteen of this Act a person to be secretary to the Board.

(2) The secretary shall have, exercise and perform such powers, authorities, duties and functions as may be prescribed, or, in so far as not prescribed, as the Board may authorise or direct.

(3) The secretary shall have the custody of the official seal of the Board and, subject to the Board, shall have power to execute documents and other writings whatsoever on behalf of the Board and affix the seal of the Board thereto or to any of them.

Surveyors

17. Surveyors. Q. Act, ss. 14, 18. S.A. Act, s. 70. N.Z. Act, s. 13.

( 1) There may from time to time be appointed under the provisions of

(23)

20 s. 17 QUEENSLAND MARINE ACT 1958-1985 s.l7

section fourteen of this Act suitable persons to be marine surveyors for the purposes of this Act.

(2) The Board may from to time with the consent of the Minister appoint or recognise any qualified persons to be marine surveyors for the purposes of this Act, either generally or for a specified purpose or for a specified occasion.

Any appointment or recognition of a qualified surveyor under this subsection shall be subject to such terms and conditions of service and such rates of remuneration and other expenses as the Board, with the consent of the Minister, may determine.

(3) Powers, &c., of surveyors. Q. Act, s. 16. C'th Act, s. 199. S.A.

Act, ss. 71, 72. Every surveyor shall have, exercise and perform the powers, authorities, duties and functions prescribed by this Act and such other powers, authorities, duties and functions as may be necessary to carry into effect the provisions of this Act.

Without limiting the generality of the foregoing provisions of this subsection every surveyor may, in the execution of his duties, at all necessary or reasonable times go on board any vessel, to which the provisions of this Act apply, and may, without unnecessarily detaining or delaying her from proceeding on any voyage or excursion, survey or inspect the vessel, her equipment and machinery, or any part thereof, her cargo and any other property or articles on board the vessel, and require the production of and inspect any certificates, logs, or other documents whatsoever which relate to the vessel or to the master or any other officer thereof and to which this Act applies.

(4) Q. Act, s. 59. If in consequence of any accident to any vessel or for any other reason a surveyor considers it necessary for the purpose of surveying a vessel or inspecting her hull that the vessel be taken into dock or placed on a slip, he shall forthwith furnish a report in writing to the Board and if the Board considers it necessary so to do it may order the master or owner of the vessel to take her into dock or place her on a slip for any of the aforesaid purposes within the time and at the place specified in the order.

Any such order may be made by telegram signed by the secretary to the Board and addressed to the master or owner of the vessel in question.

The master or owner of the vessel, according to whom the order is directed, shall not fail in any respect to comply with that order.

Penalty: $2 000.

(5) Hindering, &c., surveyors. Every person commits an offence against this Act who hinders or obstructs otherwise howsoever any surveyor in the exercise of his powers, authorities or functions or in the discharge of his duties under this Act, or attempts so to do, or fails to comply with the lawful requisition or any part of the lawful requisition of any surveyor.

Penalty: $2 000.

(24)

The provisions of subsection four of this section and of this subsection shall not derogate from or otherwise affect the provisions of section twenty-one of this Act.

(6) Regulations with respect to surveyors. N.Z. Act, s. 13. Without limiting the power to make regulations conferred by section two hundred and sixty-four of this Act, regulations may be made under that section-

(i) Prescribing the qualifications, and further powers, authorities, duties and functions of all or any surveyors either generally or to meet particular cases;

(ii) Fixing the terms and conditions of service and the rates of remuneration and other expenses to be received by such surveyors as may be prescribed;

(iii) Fixing the fees and other expenses to be paid in respect of all or any surveys and determining the persons by whom and the conditions under which such payments shall be made;

(iv) Prescribing penalties not exceeding $1 000 in respect of the breach of any of the provisions of those regulations.

Regulations as aforesaid may differ in respect of different classes of surveyors as well as in respect of different members of the same class.

(7) Penalty on surveyors receiving fees unlawfully. Q. Act, s. 60.

S.A. Act, s. 72. Every surveyor who demands or receives directly or indirectly from any person whomsoever any fee or remuneration whatsoever for or in respect of the survey by him of any ship otherwise than under the authority of this Act shall be guilty of an offence against this Act.

Penalty: $500.

As amended by Act of 1972, No. I, s. 12 Sch.; Act of 1981, No. 88, s. 5; Act of 1985, No. 8, s. 7.

Shipping Inspectors

18. Shipping inspectors. Q. Act, ss. 12, 15, 16. S.A. Act, ss. 29, 30, 66. N.Z. Act, s. 14. (1) For the purposes of this Act persons may from time to time be appointed under the provisions of section fourteen of this Act to be shipping inspectors or under the provisions of this section to act as shipping inspectors.

(lA) Each member of the Police Force of Queensland shall, while he continues as such a member and without any further or other appointment, be a shipping inspector for the purposes of this Act.

(2) Powers, &c., of shipping inspectors. (a) Every shipping inspector shall have and may exercise the powers, authorities, duties and functions prescribed by this Act and such other powers, authorities, duties and

(25)

22 s.IS QUEENSLAND MARINE ACT 1958-1985 s. 18

functions as may be necessary to carry into effect the provisions of this Act.

(b) Without limiting the generality of the provisions of paragraph (a) of this subsection, the Board may at all times require any shipping inspector to report to it-

(i) Upon the nature and causes of any accident or damage which any vessel has sustained or caused, or is alleged to have sustained or caused;

(ii) Whether the provisions of this Act, including the regulations, or any of them have been complied with;

(iii) Whether the hull, or any part of the vessel, or the machinery or equipment of any vessel or all or any ofthem are sufficient and in good condition;

(iv) Upon such other matters as the Board may deem necessary to ensure the carrying out of the provisions of this Act.

(c) Without limiting the generality of the provisions of paragraph (a) of this subsection, any shipping inspector may, in the execution of his duties-

(i) Call to his aid any person he may think competent to assist him in making any inspection or examination;

(ia) Require the person in charge of any vehicle or vessel to stop the same and enter into or onto the same for the purpose of exercising his powers under this Act;

(ii) At all necessary or reasonable times with such assistants as he deems necessary go on board any vessel, to which the provisions of this Act apply, and may, without unnecessarily detaining or delaying her from proceeding on any voyage or excursion, inspect the vessel, her equipment and machinery, or any part thereof, her cargo, and any other property or articles on board the vessel;

(iii) At all reasonable times enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of making any report under or for the purposes of this Act;

(iv) For the purpose of making any report under or for the purposes of this Act, by summons under his hand require the attendance of all such persons as he thinks fit to call before him and examine, and may require answers or returns to any inquiries as he thinks fit to make;

(v) Require and enforce the production of all certificates, books, instruments, papers, documents, or things whatsoever which he considers important for the purpose of making any report under or for the purposes of this Act and for that purpose may inspect and detain the same;

(vi) May require any person appearing before him, whether or not that person has been required by him so to appear, to be examined on oath or affirmation, and may administer

(26)

the oath or affirmation, or, instead of so doing, may require any such person to make and subscribe a declaration of the truth of the statements made by that person in his examination; and

(vii) Make such examination and inquiry and interrogate such persons as may be necessary to ascertain whether the provisons of this Act have been or are being complied with.

(3) Expenses of witnesses. Q. Act, s. 17. Unless otherwise provided by the regulations-

(i) Every person who is required by summons under the hand of a shipping inspector to appear before that official and so attends pursuant to the summons shall, upon application, be allowed such expenses as would be allowed to a witness attending as a Crown witness on subpoena to give evidence in a criminal proceeding before the Supreme Court; and (ii) In case of any dispute as to the amount of those expenses,

the dispute shall be referred by the shipping inspector to the taxing officer of the Supreme Court who shall, upon request made to him for the purpose under the hand of the shipping inspector, ascertain and certify the proper amount of those expenses; and the shipping inspector who required the appearance of, or examined, such person shall furnish to the taxing officer such information as he requires for the purpose of the reference; and

(iii) The Board shall pay any expenses allowed.

(4) Perjury, &c. Sections one hundred and twenty, one hundred and twenty-three, one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty- seven, one hundred and twenty-eight, one hundred and twenty-nine,' and one hundred and thirty respectively of "The Criminal Code" shall apply to and with respect to any examination on oath or affirmation made by a shipping inspector and for the purpose of the application of those sections any reference therein to a "judicial proceeding" shall be deemed to be a reference to an examination on oath or affirmation by a shipping inspector, any reference therein to "tribunal" shall be deemed to be a reference to "inquiry by a shipping inspector," and any reference therein to the holder of a judicial office, howsoever worded, shall be deemed to be a reference to a shipping inspector and those sections shall be read subject to all such other adaptations thereof as are necessary.

(5) Offences by witnesses. Q. Act, s. 18. Every person commits an offence against this Act who-

(a) When required under this section to do so by a shipping inspector-

(i) Fails, after having had a tender made to him of the expenses (if any) to which he is entitled, to attend at the time and place specified, or fails to remain in attendance until excused; or

queensland marine act 1958-1985

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QUEENSLAND MARINE ACT 1958-1985

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QUEENSLAND MARINE ACT 1958-1985