Queensland Consolidated Acts Queensland Consolidated Actsaccredited, in relation to a ship designer, ship builder or marine surveyor, means a ship designer, ship builder or marine surveyor accredited under a regulation.
aid to navigation see section 104.
approval means any of the following—
(a) registration of a ship;
(b) licensing of a person as a master, crew member or pilot;
(c) accreditation of an entity to license a person as a master, crew member or pilot;
(d) approval of an entity to conduct training programs relating to the operation of ships;
(e) permission for a person to operate a ship as its master or pilot;
(f) accreditation of a ship designer, ship builder or marine surveyor.
approved form see section 206B.
Australian legal practitioner see the Legal Profession Act 2007, schedule 2.
authorised action, for part 13A, for a prescribed applicant, means action the prescribed applicant is authorised to take by a District Court order made under section 183GA(1).
building, in relation to a ship, includes altering the ship, or replacing a part of the ship, if the alteration or replacement is declared, under a regulation, to be an alteration or replacement that may affect marine safety.
buoy mooring means something, other than the ship's own equipment, used, or intended to be used, for mooring a ship, that consists of each of the following—
(a) a device attached to or sitting on the seabed or the bed of other Queensland waters;
(b) a system involving cables, chains or ropes that is attached to the device mentioned in paragraph (a);
(c) a buoy or other float on the surface of the water, that is attached to the system mentioned in paragraph (b) and marks the location of the device and system.
causes includes—
(a) for a marine incident—substantially contributing to the marine incident; and
(b) for the death of, or grievous bodily harm to, a person—substantially contributing to the death of, or grievous bodily harm to, the person.
certificate of compliance see section 5.
certificate of survey, for a ship, means a certificate of survey issued for the ship under a regulation.
commercial ship see section 10A(1).
Commonwealth Navigation Act means the Navigation Act 1912 (Cwlth).
compulsory pilotage area means a pilotage area, or part of a pilotage area, declared under a regulation to be a compulsory pilotage area.
connected with Queensland, for a ship, see section 6.
convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.
criminal history, of a person—
(a) means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986; and
(b) despite that Act, includes a charge or pending charge made against the person for an offence, whether made in Queensland or elsewhere, other than a charge the proceedings for which have ended without a conviction being recorded.
delegate, of the chief executive or general manager, for part 16, see section 203.
digital photo means a facial image encoded in a digital form.
digitised signature means a person's signature encoded in a digital form.
disclosing person, for part 15A, see section 202P(1).
disqualified person means a person for whom there is an order of a court under section 202A(2) disqualifying the person from holding or obtaining a licence, either absolutely or for a period ordered by the court.
disqualifying court see section 202A(3).
division 3 undertaking, for part 13A, means an undertaking under part 13A, division 3.
electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.
enforcement order means an order of the District Court under part 13A, division 2—
(a) to remedy or restrain the commission of a notice offence; or
(b) to ensure compliance with a division 3 undertaking.
fishing ship see section 10A(2).
general direction see section 86A(2).
general manager means the general manager under the Maritime Safety Queensland Act 2002.
government legal officer see the Legal Profession Act 2007, schedule 2.
grievous bodily harm has the meaning given by the Criminal Code.
harbour master means a person who is appointed under this Act as a harbour master.
holder, of a marine licence indicator, means the person to whom the marine licence indicator has been given under this Act.
interim enforcement order means an order under section 183D.
interstate voyage means an inter-State voyage as defined under the Commonwealth Navigation Act.
licence means—
(a) a licence provided for under section 60(1); or
(b) a restricted licence.
licensing entity see section 202G(2).
lost, in relation to a ship or part of a ship, includes sunk and wrecked.
marine history, of a person, means the history of the contraventions for which the person has been dealt with under this Act or the Transport Operations (Marine Pollution) Act 1995.
marine incident see section 123.
marine incident area, for a provision in part 7, division 2 under which a harbour master is authorised to give a direction in relation to a marine incident area, means an area where the harbour master reasonably believes a marine incident has happened or is likely to happen.
marine licence, for part 5, divisions 3A and 3B, means a licence to operate a personal watercraft, or a recreational ship, as its master.
marine licence indicator means a written notice of the granting of a licence to operate a personal watercraft, or a recreational ship, as its master given to the person to whom the licence has been granted.
master see section 7.
most recent digital photo, of a person, means the most recent digital photo of the person taken and kept by—
(a) the chief executive or general manager under section 63A; or
(b) any chief executive under a prescribed smartcard Act.
most recent digitised signature, of a person, means the most recent digitised signature of the person taken and kept by—
(a) the chief executive under section 63A; or
(b) any chief executive under a prescribed smartcard Act.
MSQ means Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002.
notice offence means an offence against any of the following provisions involving a person contravening a direction or requirement under this Act—
* section 87B(3)
* section 88(2)
* section 89(2)
* section 90(3)
* section 91(3)
* section 92(4)
* section 171(3)
* section 172(4)
* section 172AA(3)
* section 172AA(6)
* section 172A(4)
* section 175(2)
• section 191A(8)
* section 191B(3).
obstruct includes hinder, resist and attempt to obstruct.
official, for part 15A, see section 202N.
operates, a ship, see section 8.
original decision, for part 16, see section 203.
overseas voyage means an overseas voyage as defined under the Commonwealth Navigation Act.
owner, of a ship, see section 9.
particular direction see section 86A(4).
personal watercraft means a powered ship that—
(a) has a fully enclosed hull that does not take on water if capsized; and
(b) is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.
person in control includes—
(a) for a ship—the ship's master or the person who appears to be the ship's master; and
(b) for a vehicle—the vehicle's driver or the person who appears to be the vehicle's driver.
pilot means a person licensed under a regulation as a pilot and who, when on board a ship, has the conduct of it even though the person does not belong to the ship.
pilotage area means an area of Queensland waters that is declared under this Act to be a pilotage area.
place includes land and premises, but does not include a ship or vehicle.
port, of a port authority, has the same meaning as in the Transport Infrastructure Act 1994.
port authority means a port authority under the Transport Infrastructure Act 1994.
port operator has the meaning given in the Transport Infrastructure Act 1994, section 267.
premises includes—
(a) a building or other structure or part of a building or other structure; and
(b) land where a building or other structure is situated.
prescribed applicant, for part 13A, means any of the following—
(a) the chief executive;
(b) the general manager;
(c) a harbour master.
prescribed smartcard Act means any of the following Acts—
(a) the Adult Proof of Age Card Act 2008;
(b) the Tow Truck Act 1973;
(c) the Transport Operations (Passenger Transport) Act 1994;
(d) the Transport Operations (Road Use Management) Act 1995.
Queensland intrastate voyage means a voyage beginning or ending in Queensland waters, other than an interstate voyage or overseas voyage.
reasonably believes means believes on grounds that are reasonable in all the circumstances.
reasonably considers means considers on grounds that are reasonable in all the circumstances.
reasonably satisfied means satisfied on grounds that are reasonable in all the circumstances.
recreational ship see section 10A(3).
relevant clerk, of a court, means—
(a) if the court is a Magistrates Court—the clerk of the court; or
(b) if the court is the District Court—a registrar, within the meaning of the District Court of Queensland Act 1967, of the court; or
(c) if the court is the Supreme Court—a registrar of the court.
reprisal, for part 15A, see section 202R(3).
restricted licence means a licence under part 15, division 3.
retention period, for a digital photo and digitised signature, means the retention period worked out under section 63G.
reviewed decision, for part 16, see section 203.
set up, an aid to navigation, includes—
(a) build, erect or place the aid; and
(b) add to, alter or remove the aid; and
(c) change its character or the way it exhibits its lights; and
(d) maintain the aid.
shelf life, of a digital photo and digitised signature, means 10 years after the photo and signature are taken.
ship see section 10.
shipping inspector means a person who is appointed under this Act as a shipping inspector, and includes a harbour master.
smartcard marine licence indicator means a marine licence indicator in the form approved by the chief executive or general manager on which information may be stored electronically.
source of interference see section 92(1).
standard means a standard made under section 45 and includes an interim standard.
take, in relation to a digital photo or digitised signature, includes obtain.
tender means an auxiliary ship, other than a lifeboat, that—
(a) is not longer than 6m; and
(b) is employed to attend another ship; and
(c) is smaller than the other ship; and
(d) is operated only in the proximity of the other ship.
vehicle includes an aircraft but does not include a ship.