Transport Operations (Marine Safety—Recreational Ship Masters Licence Approvals) Standard 1998

Queensland Transport Operations ( Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY— RECREATIONAL SHIP MASTERS LICENCE APPROVALS) STANDARD 1998 Reprinted as in force on 6 March 1998 (standard not amended up to this date) Reprint No. 1* This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2005 SL No. 20 s 10 * Minor differences in style between this reprint and another reprint with the same number are due to the conversion to another software program. The content has not changed.

Information about this reprint This standard is reprinted as at 6 March 1998. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). See endnotes for information about when provisions commenced.

Queensland TRANSPORT OPERATIONS (MARINE SAFETY—RECREATIONAL SHIP MASTERS LICENCE APPROVALS) STANDARD 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Qualification to conduct examinations—regulation, s 72(1) . . . . . . . . . . . . 3 5 Qualification to provide training—regulation, s 73(1) . . . . . . . . . . . . . . . . . 4 6 Suitability for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 3 s4 Transport Operations ( Marine Safety— Recreational Ship Masters Licence Approvals) Standard 1998 TRANSPORT OPERATIONS (MARINE SAFETY—RECREATIONAL SHIP MASTERS LICENCE APPROVALS) STANDARD 1998 [reprinted as in force on 6 March 1998] 1 Short title This standard may be cited as the Transport Operations (Marine Safety—Recreational Ship Masters Licence Approvals) Standard 1998 . 2 Commencement This standard commences on 1 March 1998. 3 Definitions In this standard— “Collision Regulations” see schedule 11 of the regulation. 1 “commercial ship” see schedule 11 of the regulation. “recreational ship” see schedule 11 of the regulation. “regulation” means the Transport Operations ( Marine Regulation 1995. Safety) 4 Qualification to conduct examinations—regulation, s 72(1) To qualify to conduct examinations for licences to operate a recreational ship as its master, the chief executive must be satisfied an applicant— (a) holds a current appropriate licence 2 to operate a recreational ship as its master; and 1 These are defined as the Prevention of Collision Convention under the Navigation Act 1912 (Cwlth). 2 As to what is the appropriate licence, see section 63 of the regulation.

s5 4 s5 Transport Operations ( Marine Safety— Recreational Ship Masters Licence Approvals) Standard 1998 (b) has a reasonable knowledge of— (i) the Act, the regulation and other standards made under the Act; and (ii) the Collision Regulations; and (c) is reasonably competent in seafaring skills and safe operating practices for recreational ships; and (d) has— (i) at least 3 years practical experience in operating a recreational ship as its master; or (ii) other appropriate expertise acceptable to the chief executive; and (e) is competent to conduct the examinations; and (f) is suitable for approval to conduct examinations for licences. 5 Qualification to provide training—regulation, s 73(1) (1) To qualify to conduct training programs in the operation of recreational ships, the chief executive must be satisfied an applicant— (a) holds a current appropriate licence 3 to operate a commercial ship as its master; and (b) has a reasonable knowledge of— (i) the Act, the regulation and other standards made under the Act; and (ii) the Collision Regulations; and (c) is reasonably competent in seafaring skills and safe operating practices for recreational ships; and (d) has— (i) at least 3 years practical experience in operating a recreational ship; or (ii) other appropriate expertise acceptable to the chief executive; and 3 As to what is the appropriate licence, see section 58 of the regulation.

s6 5 s7 Transport Operations ( Marine Safety— Recreational Ship Masters Licence Approvals) Standard 1998 (e) is competent to conduct the training programs; and (f) is suitable for approval to conduct the training programs. (2) If the applicant is a corporation or unincorporated body, the chief executive must discharge the responsibility under subsection (1) by applying— (a) subsection (1)(e) and (f) to the applicant; and (b) subsection (1)(a) to (f) to a person nominated by the applicant, as if the person were the applicant. 6 Suitability for approval (1) An applicant is not suitable for approval if— (a) the applicant has been convicted of an indictable offence in the last 5 years; or (b) the applicant has had a licence to operate ships suspended or cancelled in the last 5 years; or (c) for an approval under section 73 of the regulation—the applicant is an undischarged bankrupt. (2) In deciding whether an applicant is suitable for approval, the chief executive must consider whether the applicant has— (a) paid a penalty, for an offence under the Act or regulation, under an infringement notice under the Justices Act 1886 , part 4A in the last 2 years; or (b) been convicted of an offence under the Act or regulation in the last 5 years. 7 Expiry This standard expires 7 years after it commences.

6 Transport Operations ( Marine Safety— Recreational Ship Masters Licence Approvals) Standard 1998 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Transport Operations (Marine Safety—Recreational Ship Masters Licence Approvals) Standard 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

7 Transport Operations ( Marine Safety— Recreational Ship Masters Licence Approvals) Standard 1998 4 List of legislation Transport Operations (Marine Safety—Recreational Ship Masters Licence Approvals) Standard 1998 SL No. 24 made by the chief executive on 29 January 1998 notfd gaz 27 February 1998 pp 884–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 1998 (see s 2) exp 1 March 2005 (see s 7) Note—A regulatory impact statement and an explanatory note were prepared © State of Queensland 2005