Queensland Consolidated Acts

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TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - SECT 199B

199B Court may make orders about apologies and other matters

(1) If a person is convicted of an offence against this Act, the court dealing with the matter may make an order under this section in addition to—

(a) any other penalty the court may impose under this Act, the Penalties and Sentences Act 1992 or another Act; or
(b) any other order the court may make under this Act, the Penalties and Sentences Act 1992 or another Act.
Editor's note—
See section 245 if an offence was committed entirely before the commencement of section 245.

(2) The court may order the defendant—

(a) on application only by the prosecution, to do 1 or more of the following—
(i) to conduct a stated advertising or education campaign to promote compliance with this Act;
(ii) to make a stated private apology or publish a stated public apology to persons affected by the contravention;
(iii) to operate a stated ship in a particular way, including putting a stated procedure or system in place for or on the ship to ensure compliance with this Act;
(iv) to repair, modify or replace a stated ship or part of a ship, or repair, modify, install or replace stated machinery or equipment on a stated ship, to ensure compliance with this Act;
(v) to start or stop a stated activity in relation to a stated ship;
(vi) not to own or operate any ship unless the general manager has given written consent for the ownership or operation; or
(b) to comply with another order the court considers appropriate.

(3) An order under this section is subject to any limitation of liability that may apply under a law of the State or the Commonwealth.

Example—
Limitation of Liability for Maritime Claims Act 1989 (Cwlth)

(4) A person who contravenes an order under this section commits an offence against this Act.

Maximum penalty for subsection (4)—3500 penalty units or 2 years imprisonment.



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