MARITIME SAFETY QUEENSLAND ACT 2002 Reprinted as in force on 23 May 2010 Reprint No. 2B > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Commencement 3. Dictionary 4. Purpose of Act 5. Application of Act 6. Act binds all persons Part 2--Maritime Safety Queensland Division 1--Establishment, functions and powers of MSQ 7. Establishment of MSQ 8. Functions and powers of MSQ 9. Chief executive's responsibility Division 2--The general manager 10. Appointment of general manager 11. Functions and powers of general manager 11A. Delegation of functions of general manager Division 3--Employees 12. Employees 12A. Preservation of rights of particular public service officers 12B. Tenure as public service officer on ending of particular employment contracts Part 3--Financial provisions 13. Fund Part 4--Miscellaneous provisions 14. Regulation-making power Part 5--Transitional provisions Division 1--Transitional provision for pilotage service contracts 15. Pilotage service contracts Division 2--Transitional provisions for Transport Legislation Amendment Act 2008, part 2 16. Change of name does not affect legal personality etc. 17. References to Maritime Safety Agency of Queensland 18. Recording MSQ's changed name in register SCHEDULE 2 -- DICTIONARY Endnotes - LONG TITLE An Act to provide for the establishment of Maritime Safety Queensland, and for other purposes 1 Short title This Act may be cited as the Maritime Safety Queensland Act 2002 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Dictionary The dictionary in schedule 2 defines particular words used in this Act. 4 Purpose of Act The 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. 5 Application of Act This Act does not limit the application of the following Acts-- (a) Transport Infrastructure Act 1994; (b) Transport Operations (Marine Pollution) Act 1995; (c) Transport Operations (Marine Safety) Act 1994; (d) Transport Planning and Coordination Act 1994. 6 Act binds all persons 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. 7 Establishment of MSQ (1) Maritime Safety Queensland (MSQ) is established. (2) MSQ consists of-- (a) the general manager; and (b) employees employed under section 12; and (c) other employees employed under the Public Service Act 2008. 8 Functions and powers of MSQ (1) MSQ has the following functions-- (a) for the Transport Operations (Marine Safety) Act 1994-- (i) to develop strategies for marine safety; and Example-- education campaign for the safe use of recreational ships (ii) to make standards for designing, building and operating commercial ships for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and (iii) to accredit ship designers, ship builders or marine surveyors; and (iv) to approve an entity to conduct training programs for the operation of ships or to conduct examinations for issuing licences under that Act; and (v) to licence masters, other than recreational masters, crew members and pilots; and (vi) to set up and maintain aids to navigation; and (vii) to handle the investigation process into marine incidents; and (viii) to monitor and manage the movement of ships in Queensland waters; and (ix) to monitor and manage the operation and activities of ships in Queensland waters; and (x) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships; (b) for the Transport Operations (Marine Pollution) Act 1995-- (i) to develop strategies to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters; and (ii) to deal with the discharge of ship-sourced pollutants into coastal waters; (c) for the Transport Infrastructure Act 1994--to manage public marine facilities and the use of waterways; (d) to provide, or arrange for the provision of, maritime services including pilotage services; (e) any other function conferred on MSQ under this or another Act. (2) MSQ has power to do anything necessary or convenient to be done for the performance of MSQ's functions. 9 Chief executive's responsibility (1) The chief executive is responsible for the way MSQ performs its functions. (2) Without limiting subsection (1), the chief executive is responsible for-- (a) deciding the objectives, strategies and policies to be followed by MSQ; and (b) ensuring MSQ performs its functions in an appropriate, effective and efficient way. Example-- The chief executive could establish performance measures for MSQ. (3) This section does not affect the chief executive's responsibilities for the department under another Act. 10 Appointment of general manager (1) The Governor in Council appoints the general manager for MSQ (the general manager). (2) The general manager is to be employed under the Public Service Act 2008. 11 Functions and powers of general manager (1) The general manager must, in accordance with the objectives, strategies and policies decided by the chief executive, manage MSQ's operations. (2) Without limiting subsection (1), the general manager must-- (a) advise the chief executive in relation to employment conditions of employees employed under section 12; and (b) direct employees employed under section 12 in the performance of the employees' duties. (3) The general manager has power to do anything necessary or convenient to be done for the performance of the general manager's functions. (4) In exercising a power, the general manager is accountable to the chief executive under the Public Service Act 2008. 11A Delegation of functions of general manager (1) The general manager may delegate to an appropriate person (the delegate) a function of the general manager under this or another Act. (2) The delegation may permit the delegate to subdelegate the delegated function to an appropriate person. (3) This section applies despite a provision to the contrary in an Act. (4) In this section-- appropriate person means any of the following-- (a) an employee of MSQ; (b) an authorised officer under the Transport Operations (Marine Pollution) Act 1995; (c) a shipping inspector under the Transport Operations (Marine Safety) Act 1994. function includes a power. 12 Employees (1) The chief executive may employ-- (a) marine pilots; and (b) the other employees the chief executive considers necessary to perform MSQ's functions. (2) However, the chief executive must not employ an individual as a marine pilot unless satisfied the individual has the necessary expertise or experience, prescribed under a regulation, to be a marine pilot. (3) Subject to any relevant industrial instrument, the chief executive may decide the employment conditions of employees employed under this section. (4) The Public Service Act 2008 does not apply to the employment of employees employed under this section. (5) In this section-- employment conditions includes conditions about the length of the employment and ending the employment. 12A Preservation of rights of particular public service officers (1) This section applies if-- (a) a person is employed under section 12, other than as a marine pilot; and (b) the person was a public service officer immediately before being employed under section 12. (2) The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 12 were a continuation of service as a public service officer. Examples of rights and entitlements-- long service, recreation and sick leave and rights as a member of a superannuation scheme 12B Tenure as public service officer on ending of particular employment contracts (1) This section applies if-- (a) a person is employed on contract under section 12, other than as a marine pilot; and (b) the contract-- (i) is terminated other than by disciplinary action; or (ii) expires and is not renewed or replaced by another contract of employment under section 12; and (c) immediately before the person was first employed under the contract, the person was employed as a public service officer on tenure. (2) The person becomes a public service officer employed on tenure. (3) The person is to be employed-- (a) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on tenure; and (b) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on tenure. 13 Fund (1) The Maritime Safety Queensland Fund is established. (2) Accounts for the fund must be kept as part of the departmental accounts of the department. (3) Amounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department. (4) Amounts received for the fund include the following received by the department-- (a) amounts received for pilotage fees and conservancy dues under the Transport Operations (Marine Safety) Act 1994; (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund; (c) amounts received for the disposal of an asset that the chief executive considers was purchased substantially with amounts paid from the fund; (d) interest from investment of the fund. (5) An amount is payable from the fund for the purposes of this Act. (6) The Financial Accountability Act 2009 applies to the fund. (7) In this section-- departmental accounts of the department means the accounts of the department under the Financial Accountability Act 2009, section 69. departmental financial institution account of the department means an account of the department kept under the Financial Accountability Act 2009, section 83. other amounts of the department means amounts received by the department other than amounts received for the fund. 14 Regulation-making power The Governor in Council may make regulations under this Act. 15 Pilotage service contracts (1) This section applies to a contract in force immediately before the commencement of this section if the contract was-- (a) a contract for services entered into by the department or a port authority for the supply of a pilotage service; or (b) a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service. (2) On the commencement-- (a) for a contract for services-- (i) MSQ takes the place of the department or port authority as a party to the contract; and (ii) the contract may be enforced by or against MSQ; and (b) for an employment contract-- (i) the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and (ii) the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. Example of rights and entitlements-- long service, recreation and sick leave and rights as a member of a superannuation scheme (3) Without limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement. (4) Subsection (3) has effect subject to the Industrial Relations Act 1999. (5) Compensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies. (6) This section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship. (7) In this section-- contract, for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service. 16 Change of name does not affect legal personality etc. (1) The change of name of MSQ from 'Maritime Safety Agency of Queensland' to 'Maritime Safety Queensland' does not-- (a) affect MSQ's legal personality or identity; or (b) affect a right, entitlement or liability of MSQ or anyone else; or (c) make legal proceedings by or against MSQ defective. (2) Without limiting subsection (1), the change of name of MSQ does not affect any right, entitlement, liability or benefit MSQ would have had or enjoyed apart from the change of name. (3) In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against MSQ under its former name may be started or continued by or against it under its new name. 17 References to Maritime Safety Agency of Queensland A reference in an Act or document to the Maritime Safety Agency of Queensland may, if the context permits, be taken as a reference to Maritime Safety Queensland. 18 Recording MSQ's changed name in register (1) The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by MSQ in the appropriate form, and on payment of any fee, record in the register, for any property vested in MSQ, the change of name of MSQ from 'Maritime Safety Agency of Queensland' to 'Maritime Safety Queensland'. (2) In this section-- registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land. - SCHEDULE 2 -- DICTIONARY general manager see section 10(1). industrial instrument has the meaning given by the Industrial Relations Act 1999. maritime service means a service provided to the maritime industry, whether or not on payment of a fee. MSQ see section 7. pilotage service means a maritime service, with an individual or other person, that provides for-- (a) the piloted movement of ships; or (b) the transfer of a pilot onto or off a ship. - NOTES Page Date to which amendments incorporated 15 Key 16 Table of reprints 16 Tables in earlier reprints 17 List of legislation 17 List of annotations 18 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 May 2010. Future amendments of the Maritime Safety Queensland Act 2002 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments included Effective Notes 1 none 1 October 2002 1A 2005 Act No. 22 19 May 2005 1B 2006 Act No. 21 17 May 2006 1C 2008 Act No. 31 21 May 2008 1D 2009 Act No. 9 1 July 2009 1E 2009 Act No. 25 2 November 2009 1F 2009 Act No. 47 19 November 2009 R1F withdrawn, see R2 2 -- 19 November 2009 2A 2010 Act No. 13 1 April 2010 2B 2010 Act No. 19 23 May 2010 Name of table Reprint No. Corrected minor errors 2 >