Maritime Safety Queensland Act 2002

This Act may be cited as the Maritime Safety Queensland Act 2002.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 2 defines particular words used in this Act.

The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters.

This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.

This Act does not limit the application of the following Acts—

Transport Infrastructure Act 1994;

Transport Operations (Marine Pollution) Act 1995;

TOMSA;

Transport Planning and Coordination Act 1994.

This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Maritime Safety Queensland (MSQ) is established.

MSQ consists of—

the general manager; and

employees employed under section 12; and

other employees employed under the Public Sector Act 2022.

MSQ has the following functions—

for TOMSA—

to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and

to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and

to licence masters, crew members and pilots; and

to set up and maintain aids to navigation; and

to handle the investigation process into marine incidents; and

to monitor and manage the movement of ships in Queensland waters; and

to monitor and manage the operation and activities of ships in Queensland waters; and

to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships;

for the Transport Operations (Marine Pollution) Act 1995—to deal with the discharge of ship-sourced pollutants into coastal waters;

for the Transport Infrastructure Act 1994—to manage public marine facilities and the use of waterways;

for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act, section 15;

to develop strategies—

for marine safety; and

Example—

education campaign for the safe use of recreational ships

to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters;

to provide, or arrange for the provision of, maritime services including pilotage services;

to monitor and manage—

the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and

arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services;

any other function conferred on MSQ under this or another Act.

MSQ has power to do anything necessary or convenient to be done for the performance of MSQ’s functions.

In this section—

DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016.

domestic commercial vessel national law see the DCV application Act, section 20.

Queensland regulated ship see TOMSA, section 10A.

responsible pilotage entity, for a compulsory pilotage area, does not include MSQ.

The chief executive is responsible for the way MSQ performs its functions.

Without limiting subsection (1), the chief executive is responsible for—

deciding the objectives, strategies and policies to be followed by MSQ; and

ensuring MSQ performs its functions in an appropriate, effective and efficient way.

Example—

The chief executive could establish performance measures for MSQ.

This section does not affect the chief executive’s responsibilities for the department under another Act.

The Governor in Council appoints the general manager for MSQ (the general manager).

The general manager is to be employed as a senior executive under the Public Sector Act 2022.

However, despite the Public Sector Act 2022, the general manager is to be paid the remuneration decided by the Governor in Council.

The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ’s operations.

Without limiting subsection (1), the general manager must—

advise the chief executive in relation to employment conditions of employees employed under section 12; and

direct employees employed under section 12 in the performance of the employees’ duties.

The general manager has power to do anything necessary or convenient to be done for the performance of the general manager’s functions.

In exercising a power, the general manager is accountable to the chief executive under the Public Sector Act 2022.

The general manager may delegate to an appropriate person (the delegate) a function of the general manager under this or another Act.

The delegation may permit the delegate to subdelegate the delegated function to an appropriate person.

Proof of a delegation by the general manager under subsection (1) is not required in a proceeding under the Transport Operations (Marine Pollution) Act 1995 or the Transport Operations (Marine Safety) Act 1994 unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

The notice must be in the form approved by the general manager.

This section applies despite a provision to the contrary in an Act.

In this section—

appropriate person means any of the following—

an employee of MSQ;

an authorised officer under the Transport Operations (Marine Pollution) Act 1995;

a shipping inspector under TOMSA.

function includes a power.