Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2006

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Queensland Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2006 Subordinate Legislation 2006 No. 37 made under the Transport Operations (Marine Safety) Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 6 (References to length of ship) . . . . . . . . . . . . 2 5 Replacement of s 40 (Life jackets and personal flotation devices) 2 40 Life jackets and personal flotation devices . . . . . . . . . 2 6 Insertion of new sch 14B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Schedule 14B Coastal bars 7 Amendment of sch 15 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s5 Transport Operations (Marine Safety) Amendment No. 37, 2006 Regulation (No. 2) 2006 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2006 . 2 Commencement This regulation commences on 1 April 2006. 3 Regulation amended This regulation amends the Transport Operations (Marine Safety) Regulation 2004. 4 Amendment of s 6 (References to length of ship) Section 6(a), ‘section 176’— omit, insert— ‘sections 40 and 176’. 5 Replacement of s 40 (Life jackets and personal flotation devices) Section 40— omit, insert— ‘40 Life jackets and personal flotation devices ‘(1) This section applies if the requirements under this regulation for a ship’s safety equipment include a requirement for a life jacket or personal flotation device for each person on board. ‘(2) The ship is taken not to be equipped with the required safety equipment unless— (a) there is an appropriate life jacket or personal flotation device for each person on board; and (b) if the ship is an open boat that is less than 4.8m— (i) while the ship is underway, each person on board who is under 12 years is wearing—

s6 3 s6 Transport Operations (Marine Safety) Amendment No. 37, 2006 Regulation (No. 2) 2006 (A) the required appropriate life jacket or personal flotation device; or (B) an appropriate PFD type 1; and (ii) while the ship is crossing a coastal bar, each person on board is wearing— (A) the required appropriate life jacket or personal flotation device; or (B) an appropriate PFD type 1. ‘(3) In this section— appropriate , in relation to a life jacket or personal flotation device for a person, means of an appropriate size for the person. open boat means a ship the structure of which does not include a permanent rigid deckhouse, cabin or other enclosed space suitable for a person to occupy. person means an individual who is 1 year or more.’. 6 Insertion of new sch 14B After schedule 14A— insert—

s6 4 s6 Transport Operations (Marine Safety) Amendment No. 37, 2006 Regulation (No. 2) 2006 ‘Schedule 14B Coastal bars schedule 15, definition coastal bar Column 1 Coastal Bar Currumbin Bar Tallebudgera Bar Jumpinpin Bar South Passage Bar Caloundra Bar Maroochy Bar Noosa Bar Wide Bay Bar Column 2 Location Located near the town of Currumbin in the vicinity of where the Currumbin Creek and the Coral Sea meet Located near the town of Burleigh Heads in the vicinity of where the Tallebudgera Creek and the Coral Sea meet The passage of water between North Stradbroke Island and South Stradbroke Island The passage of water between North Stradbroke Island and Moreton Island Located near the town of Caloundra in the vicinity of where the northern end of Pumicestone Channel (commonly known as Pumicestone Passage) and the Coral Sea meet Located near the town of Maroochydore in the vicinity of where the Maroochy River and the Coral Sea meet Located near the town of Noosa Heads in the vicinity of where the Noosa River and the Coral Sea meet Located between the southern end of Fraser Island and Inskip Point in the vicinity of where the southern end of Great Sandy Strait and the Coral Sea meet’.

s7 5 s7 Transport Operations (Marine Safety) Amendment No. 37, 2006 Regulation (No. 2) 2006 7 Amendment of sch 15 (Dictionary) Schedule 15— insert— ‘ coastal bar means a bar— (a) named in column 1 of schedule 14B; and (b) described in column 2 of the schedule opposite the name of the bar mentioned in column 1. underway means not at anchor, made fast to the shore or aground.’. ENDNOTES 1 Made by the Governor in Council on 9 March 2006. 2 Notified in the gazette on 10 March 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2006