What mechanisms ensure safety
34 What mechanisms ensure safety
There are various mechanisms in the Act to ensure safety, including, for example, the following—
certain key groups of people need to be licensed under the Act and will be regulated under the licensing system;
owners and masters of Queensland regulated ships are responsible for ensuring the ships are safe;
owners, masters, crew members and other persons involved with the operation of Queensland regulated ships are responsible for ensuring the ships are operated safely;
pilots who have the conduct of ships are responsible for ensuring the ships are operated safely;
Queensland regulated ships must have the required safety equipment;
some Queensland regulated ships need to be registered under this Act;
shipping inspectors are to be appointed and have the power to monitor ships to see if they are safe and are operated safely;
the general manager may require a shipping inspector to investigate a marine incident, or suspected marine incident, involving a Queensland regulated ship;
the chief executive or general manager may suspend or cancel an approval;
the maximum penalties are substantial if a person is found guilty of contravening the Act.
Note—
If a provision of this Act provides that the maximum penalty for an offence may be a fine or imprisonment, the court may impose both (Penalties and Sentences Act 1992, section 180A). If a body corporate is convicted of an offence against this Act, the court may impose a fine of 5 times the maximum fine that could be imposed on an individual (Penalties and Sentences Act 1992, section 181B). Thus, for example, the maximum fine that could be imposed on summary conviction on a body corporate ship owner for an offence against section 41 is 2,500 penalty units. If the contravention causes death or grievous bodily harm, the maximum fine on conviction on indictment is 25,000 penalty units.
This Act’s bill:Explanatory memorandum
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