Queensland Consolidated Acts

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TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - SECT 186A

186A Chief executive (fisheries) must disclose information

(1) This section applies if—

(a) the chief executive (transport) is satisfied, on grounds that are reasonable in the circumstances, relevant information held by the chief executive (fisheries) would help in enhancing navigational safety and minimising the risk of marine incidents; and
(b) the chief executive (transport) asks the chief executive (fisheries) for the information.

(2) The chief executive (fisheries) must disclose the relevant information to the chief executive (transport).

(3) Subsection (2) applies despite the Fisheries Act 1994, including section 217A of that Act.

(4) The chief executive (transport) must not disclose relevant information obtained under subsection (1) unless—

(a) the chief executive (transport) reasonably considers the disclosure is necessary to—
(i) prevent a marine incident; or
(ii) enable an entity to provide help to a person or ship in distress at sea; or
(b) it is authorised by the person to whom the information relates; or
(c) the disclosure is required by a court or tribunal in a proceeding in which the information is relevant.

(5) Despite subsection (4)(c), relevant information given to the chief executive (transport) under this section is not admissible in any proceedings under this Act against the person to whom the information relates without the person's consent.

(6) In this section—

chief executive (fisheries) means the chief executive of the department in which the Fisheries Act 1994 is administered.

chief executive (transport) means the chief executive of the department in which this Act is administered.

relevant information means data sent from VMS equipment, within the meaning of the Fisheries Act 1994, required by an authority under that Act to be carried on a boat.



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