Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 (SA)

South Australia

Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013

An Act to provide for a national legislative scheme regulating domestic commercial vessels; to make provision for local matters associated with commercial vessels; to make related amendments to other Acts; and for other purposes.

Contents

Part 1—Preliminary

1            Short title
2            Commencement
3            Purposes of Act
4            Interpretation

Part 2—Applied provisions

5 Application of Commonwealth laws as laws of this State
6 Interpretation of Commonwealth domestic commercial vessel national law

Part 3—Functions and powers under applied provisions

7 Functions and powers of National Regulator and other authorities and officers
8 Delegations by the National Regulator

Part 4—Offences

9            Object of Part
10          Application of Commonwealth criminal laws to offences against applied provisions
11          Functions and powers conferred on Commonwealth officers and authorities relating to offences
12          No double jeopardy for offences against applied provisions

Part 5—Administrative laws

13 Application of Commonwealth administrative laws to applied provisions
14 Functions and powers conferred on Commonwealth officers and authorities

Part 6—Fees and fines

15          Fees payable in relation to officers or employees of State acting as delegates
16          Infringement notice fines
17          Fines, fees etc not otherwise payable to State

Part 7—Miscellaneous

18          Things done for multiple purposes
19          Reference in Commonwealth law to a provision of another law
20          Regulations

Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law

Part 1—Preliminary

1            Short title
2            Commencement
3            Objects of Law
4            Law binds the Crown
5            Extended geographical jurisdiction—category A
6            Definitions
7           Definition of domestic commercial vessel
8            Definition of vessel

Part 2—The National Marine Safety Regulator

9            The National Marine Safety Regulator
10          Functions of the National Regulator
11          Delegation

Part 3—General safety duties relating to domestic commercial vessels

Division 1—Duties of owners

12 Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
13 Offences relating to contraventions of section 12

Division 2—Duties of designers, builders, suppliers etc

14 Duty relating to design, manufacture etc of domestic commercial vessels
15 Offences relating to contraventions of section 14

Division 3—Duties of masters

16          Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
17          Duty of masters of domestic commercial vessels to take reasonable care for safety of persons
18          Offences relating to contraventions of section 16 or 17

Division 4—Duties of crew

19 Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc
20 Offences relating to contraventions of section 19

Division 5—Duties of passengers

21 Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc
22 Offences relating to contraventions of section 21

Division 6—Other duties

23          Duty of persons relating to safety of persons on domestic commercial vessels, etc
24          Offences relating to contraventions of section 23
25          Duty of persons in relation to domestic commercial vessels
26          Offences relating to contraventions of section 25

Division 7—General provisions

27          Determining what is reasonably practicable to ensure safety
28          Functions and powers of marine safety inspectors not affected
29          Requirements imposed by this Part do not limit one another

Part 4—Vessel identifiers and certificates for vessels and seafarers

Division 1—Unique identifiers

30          Person may apply for unique identifier
31          Issue of unique identifier
32          Offence—operating etc a vessel without a unique identifier (owner)
33          Offence—operating etc a vessel without a unique identifier (master)
34          Offence—display etc of a unique identifier (owner)
35          Offence—display etc of unique identifier (master)
36          Offence—removal or alteration of a unique identifier

Division 2—Certificates of survey

37          Person may apply for a certificate of survey
38          Issue of certificate of survey
39          Person may apply for variation, suspension or revocation of a certificate of survey
40          Variation of certificate of survey
41          Suspension of certificate of survey
42          Revocation of certificate of survey
43          Offence—operating etc a vessel without a certificate of survey (owner)
44          Offence—operating etc a vessel without a certificate of survey (master)
45          Offence—breach of a condition of a certificate of survey (owner)
46          Offence—breach of a condition of a certificate of survey (master)

Division 3—Certificates of operation

47          Person may apply for a certificate of operation
48          Issue of certificate of operation
49          Person may apply for variation, suspension or revocation of a certificate of operation
50          Variation of certificate of operation
51          Suspension of certificate of operation
52          Revocation of certificate of operation
53          Offence—operating etc a vessel without a certificate of operation (owner)
54          Offence—operating etc a vessel without a certificate of operation (master)
55          Offence—breach of a condition of a certificate of operation (owner)
56          Offence—breach of a condition of a certificate of operation (master)
57          Obligation to notify National Regulator of certain matters

Division 4—Certificates of competency

58          Regulations may provide for certificate of competency
59          Individual may apply for a certificate of competency
60          Issue of certificate of competency
61          Person may apply for variation, suspension or revocation of a certificate of competency
62          Variation of certificate of competency
63          Suspension of certificate of competency
64          Revocation of certificate of competency
65          Offence—owner causing etc performance of duties or functions without a certificate of competency
66          Offence—person performing duties or functions without a certificate of competency
67          Offence—master causing etc performance of duties or functions without a certificate of competency
68          Offence—owner causing etc breach of a condition of a certificate of competency
69          Offence—breach of a condition of a certificate of competency by any person
70          Offence—master causing etc breach of a condition of a certificate of competency

Division 5—General matters relating to unique identifiers and certificates

71          National Regulator may require information
72          National Regulator must give a show cause notice before varying, suspending or revoking a certificate
73          National Regulator may recognise certificates
74          Fit and proper person
75          Regulations may provide for matters relating to certificates and unique identifiers
76          Regulations may provide for matters relating to applications for certificates and unique identifiers
77          Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers
78          Regulations may make provision in relation to renewal and transfer of certificates
79          Regulations may require display of certificates
80          Regulations may provide for certificate of operation for persons
81          Effect of certificate of operation for persons
82          Defeasibility
83          Certificates etc to be made available
84          National Regulator may require delivery of revoked certificates

Part 5—Assistance and reporting requirements

85          Obligation to render assistance
86          Obligation to render assistance if requisitioned
87          Obligation to record requests for assistance
88          Reporting of marine incidents to National Regulator (owner)
89          Reporting of marine incidents to National Regulator (master)
90          Evidence of marine incidents

Part 6—Powers of marine safety inspectors

Division 1—Appointment of marine safety inspectors etc

91          Appointment of marine safety inspectors
92          Identity cards
93          False representation about being a marine safety inspector
94          Obstructing or hindering a marine safety inspector

Division 2—Entry, search, seizure, detention and information gathering powers

Subdivision 1—Powers to facilitate boarding with or without consent or warrant

95 Requirement to facilitate boarding
96 Entering certain premises for access to domestic commercial vessel

Subdivision 2—Powers relating to vessels, exercisable without consent or warrant

97          Boarding a vessel
98          Requiring master of a vessel to answer questions about the nature of the vessel
99          Monitoring domestic commercial vessels
100         Sampling, securing or seizing things found using vessel monitoring powers
101         Detaining domestic commercial vessels
102         Offence—not complying with requirement made under section 99

Subdivision 3—Powers relating to any premises, exercisable with consent or warrant

103         Entering premises with consent or under warrant
104         Monitoring premises
105         Enforcement powers
106         Requiring persons on premises entered under warrant to answer questions and produce documents
107         Using force in executing a warrant
108         Relationship with Subdivision B

Division 3—Other powers

109         Giving directions
110         Issuing improvement notices
111         Issuing prohibition notices
112         Copies of notices to be displayed and distributed
113         Notices not to be tampered with or removed

Division 4—Persons assisting marine safety inspectors

114 Persons assisting marine safety inspectors

Division 5—Obligations and incidental powers of marine safety inspectors

115         Consent
116         Announcement before entry under warrant
117         Marine safety inspector to be in possession of warrant
118         Details of warrant etc to be given to occupier
119         Completing execution of warrant after temporary cessation
120         Completing execution of warrant stopped by court order
121         Expert assistance to operate electronic equipment
122         Compensation for damage to electronic equipment
123         Extending period for which something is secured
124         Offence—interfering with securing of thing

Division 6—Occupier’s rights and responsibilities

125 Occupier entitled to observe execution of warrant
126 Occupier to provide marine safety inspector with facilities and assistance

Division 7—General provisions relating to seizure and detention

127         Copies of seized things to be provided
128         Receipts for seized things
129         Return of seized things
130         Magistrate may permit a thing to be retained
131         Costs of detention
132         Disposal of seized things and detained vessels
133         Compensation for acquisition of property

Division 8—Warrants

134         Monitoring warrants
135         Enforcement warrants
136         Enforcement warrants by telephone, fax etc
137         Offence relating to warrants by telephone, fax etc

Part 7—Infringement notices

138 Infringement notices

Part 8—General matters

Division 1—Review of decisions

139         Reviewable decisions
140         Internal review of reviewable decisions
141         Applications for AAT review
142         Review of decisions made under the regulations

Division 2—Exemptions

143         Power of exemption
144         Offence of breaching a condition of exemption (owner)
145         Offence of breaching a condition of exemption (master)
146         Offence of breaching a condition of exemption (all persons)

Division 3—Application of National Law to certain bodies

147         Treatment of partnerships
148         Treatment of unincorporated associations
149         Treatment of trusts with multiple trustees

Division 4—Fees

150 Charging of fees by the National Regulator
151 Charging of fees by accredited persons

Division 5—Disclosure of information

152 Disclosure of information by certain persons to the National Regulator

Division 6—Immunity from suit

153 Immunity from suit

Division 7—Matters relating to evidence and proceedings, etc

154         National Regulator may require certain information
155         Offence not to give information
156         Evidentiary certificates
157         Burden of proving certain matters lies on defendant

Division 8—Adverse publicity orders

158 Adverse publicity orders

Division 9—Regulations and other legislative instruments

159         Regulations
160         Regulations may prescribe matters relating to accreditation and approval
161         Offence of contravening a condition of accreditation
162         Regulations may prescribe penalties etc
163         Legislative instruments other than regulations
164         Incorporation of material, etc
165         Regulations may deal with transitional matters

Schedule 2—Related amendments and transitional provisions

Part 1—Preliminary

1 Amendment provisions
2 Regulations may make further transitional or savings provisions

Part 2—Amendment of Harbors and Navigation Act 1993

3            Amendment of Act
4            Amendment of section 4—Interpretation
5            Insertion of section 6A
6A          Application of Act to certain vessels

6            Repeal of section 7
7           Amendment of heading to Part 2 Division 2
8            Amendment of section 14—Powers of authorised person
9            Amendment of section 28C—General responsibility of port operator
10          Amendment of section 35—Compulsory pilotage
11          Repeal of Part 6
12          Substitution of heading to Part 7
13          Amendment of section 46—Vessels to which this Part applies
14          Amendment of section 47—Requirement for boat operator's licence, exemption or permit
15          Insertion of section 47A
47A        Requirements for operators of hire and drive vessels

16          Amendment of section 48—Issue of boat operator's licence or exemption
17          Amendment of section 49—Cancellation of boat operator's licence by court
18          Amendment of section 50—Cancellation of boat operator's licence by CE
19          Amendment of heading to Part 9
20          Amendment of section 54—Application of Division
21          Amendment of section 55—Registration
22          Repeal of Part 9 Divisions 2 and 3
23          Amendment of section 64A—Application of Division
24          Amendment of section 65—General requirements
25          Amendment of section 65A—Requirement to have emergency position indicating radio beacon
26          Amendment of section 66—Power to prohibit use etc of unsafe vessel
27          Amendment to section 67—Minister's power to act in an emergency
28          Substitution of heading to Part 10 Division 2
29          Amendment of section 68—CE may require survey
30          Amendment of section 75—Casualties to be reported
31          Amendment of section 78—Enquiries into casualties
32          Amendment of section 79—Enquiries into misconduct or incompetence
33          Amendment of section 80—Review of administrative decisions
34          Amendment of heading to Part 13
35          Amendment of section 81—Application of Navigation Act 2012
36          Amendment of section 82—Agreement between the Commonwealth and the State
37          Amendment of section 83—Exemptions
38          Amendment of section 87—Evidentiary provision
39          Amendment of section 90—Fees and charges to be paid into separate fund
40          Insertion of section 90AA
90AA       Facilities levy

41          Amendment of section 90A—Facilities Fund
42          Substitution of section 91
91          Regulations

Part 3—Transitional provision

43 Transitional provision

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Purposes of Act
(1)The purpose of this Act is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels.
(2)Accordingly, this Act—
(a)applies the Commonwealth domestic commercial vessel national law as a law of this State; and
(b)makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.

4—Interpretation
(1)In this Act—
applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of this State because of section 5;
Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments:
(a)the Administrative Appeals Tribunal Act 1975 (excluding Part IVA);
(b)the Freedom of Information Act 1982;
(c)the Ombudsman Act 1976;
(d)the Privacy Act 1988;
(e)the regulations and other legislative instruments in force under any of those Acts;

Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments:
(a)the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth);
(b)the regulations and other legislative instruments in force under that law;
(c)any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that law;

function includes a duty.
(2)Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.
(3)For the purposes of this Act, a reference to a Commonwealth Act includes a reference to—
(a)that Commonwealth Act, as amended and in force for the time being; and
(b)an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

Part 2—Applied provisions
5—Application of Commonwealth laws as laws of this State
(1)The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of this State.
(2)The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which this State may make laws—
(a)whether or not the Commonwealth may make laws in relation to those matters; and
(b)even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.

(3)Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.
(4)The regulations may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—

(a)made by a law of the Commonwealth; and
(b)specified in the regulations,

had not taken effect.
6—Interpretation of Commonwealth domestic commercial vessel national law
(1)The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act (as the case requires).
(2)The Acts Interpretation Act 1915 does not apply to the applied provisions.

Part 3—Functions and powers under applied provisions
7—Functions and powers of National Regulator and other authorities and officers
The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.
8—Delegations by the National Regulator
Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.

Part 4—Offences
9—Object of Part
(1)The object of this Part is to further the purposes of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2)The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—
(a)the investigation and prosecution of offences; and
(b)the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and
(c)proceedings relating to a matter referred to in paragraph (a) or (b); and
(d)appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and
(e)the sentencing, punishment and release of persons convicted of offences; and
(f)fines, penalties and forfeitures; and
(g)infringement notices in connection with offences; and
(h)liability to make reparation in connection with offences; and
(i)proceeds of crime; and
(j)spent convictions.

(3)For the purposes of this Part, a reference to offences includes a reference to contraventions for which a civil penalty may be imposed.
10—Application of Commonwealth criminal laws to offences against applied provisions
(1)The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.
(2)For the purposes of a law of this State, an offence against the applied provisions—
(a)is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and
(b)is taken not to be an offence against the laws of this State.

(3)Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations.
11—Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1)A Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2)In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.
12—No double jeopardy for offences against applied provisions
If—
(a)an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and
(b)the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law,

the offender is not liable to be punished for the offence under the applied provisions.

Part 5—Administrative laws
13—Application of Commonwealth administrative laws to applied provisions
(1)The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.
(2)For the purposes of a law of this State, a matter arising in relation to the applied provisions—
(a)is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and
(b)is taken not to be a matter arising in relation to laws of this State.

(3)Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations.
(4)Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.
(5)For the purposes of this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.
14—Functions and powers conferred on Commonwealth officers and authorities
(1)A Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.
(2)In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.

Part 6—Fees and fines
15—Fees payable in relation to officers or employees of State acting as delegates
The Governor may make regulations for or with respect to fees payable to this State in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of this State or an agency of this State.
16—Infringement notice fines
Any amount paid to this State by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is (subject to any refund payment under section 10(2) of that Act) payable into the Consolidated Account.
17—Fines, fees etc not otherwise payable to State
(1)All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.
(2)Subsection (1) does not apply to any fees referred to in section 15.

Part 7—Miscellaneous
18—Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.
19—Reference in Commonwealth law to a provision of another law
For the purposes of section 10 and section 13, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.
20—Regulations
(1)The Governor may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or the applied provisions.
(2)The regulations may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or other specified person or body.

Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law
Part 1—Preliminary
1—Short title
This Law may be cited as the Marine Safety (Domestic Commercial Vessel) National Law.
2—Commencement
This Law commences as a law of this jurisdiction as provided by the Act of this jurisdiction that applies this Law as a law of this jurisdiction.
3—Objects of Law
The objects of this Law are as follows:
(a)to form a part of a cooperative scheme between the Commonwealth, the States and the Northern Territory that provides a single national framework for ensuring the safe operation, design, construction and equipping of domestic commercial vessels;
(b)to implement Australia’s international obligations in relation to the safety of domestic commercial vessels;
(c)to facilitate the development of a safety culture that will prevent, or mitigate the effects of, marine incidents;
(d)to provide a framework for the development and application of consistent national standards relating to the operation, design, construction and equipping of domestic commercial vessels;
(e)to enhance the efficient and orderly operation of domestic commercial vessels;
(f)to provide an effective enforcement framework.

4—Law binds the Crown
(1)This Law binds the Crown in each of its capacities.
(2)This Law does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
5—Extended geographical jurisdiction—category A
Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Law.
6—Definitions
In this Law—
accredited person means a person who is accredited in accordance with regulations made for the purposes of section 160;
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth;
agency—
(a)of the Commonwealth, includes the following:
(i)an Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth;
(ii)a body corporate established for a public purpose by or under a law of the Commonwealth; and

(b)of a State or a Territory, includes the following:
(i)a Department of State (however described) of the State or Territory;
(ii)a body corporate established for a public purpose by or under a law of the State or Territory.

approved training organisation means a training organisation that is approved in accordance with regulations made for the purposes of section 160;
certificate means any of the following:
(a)a certificate of operation;
(b)a certificate of survey;
(c)a certificate of competency;

certificate of competency means a certificate issued under section 60;
certificate of operation means a certificate issued under section 48;
certificate of survey means a certificate issued under section 38;
close quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision;
COAG means the Council of Australian Governments;
COAG Council means the council established by COAG that has responsibility for marine safety;
Commonwealth Minister means the Minister of State of the Commonwealth administering this Law;
company has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;
Note—
Under the Income Tax Assessment Act 1997 of the Commonwealth, company includes an unincorporated association or body of persons.

crew of a vessel means individuals employed or engaged in any capacity on board the vessel on the business of the vessel, other than the master of the vessel or a pilot;
Criminal Code means the Criminal Code of the Commonwealth;
defence vessel means a warship or other vessel that—
(a)is operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and
(b)bears external marks of nationality; and
(c)is manned by seafarers under armed forces discipline (however described);

domestic commercial vessel see section 7;
enforcement powers see section 105;
enforcement warrant means—
(a)a warrant issued under section 135; or
(b)a warrant signed by a magistrate under section 136;

entity means any of the following:
(a)an individual;
(b)a company;
(c)a trust;
(d)a partnership;
(e)a corporation sole;
(f)a body politic;

evidential material means—
(a)a thing with respect to which an offence against this Law has been committed or is suspected, on reasonable grounds, of having been committed; or
(b)a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Law; or
(c)a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Law;

foreign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth;
general monitoring powers see section 104;
hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants;
hirer of a hire and drive vessel means—
(a)a person who hires the vessel; or
(b)a person, other than the owner of the vessel or a person acting on the owner’s behalf, who operates the vessel while it is under hire;

improvement notice means an improvement notice issued under section 110;
infringement notice means—
(a)a notice that—
(i)is given under regulations made for the purposes of section 138 to a person alleged to have committed an offence against this Law; and
(ii)states that if the person pays a specified amount within a specified period the person will not be liable to be prosecuted for the offence; or

(b)a notice that—
(i)is given under regulations made for the purposes of section 162(3) to a person alleged to have contravened a provision described in that subsection; and
(ii)states that if the person pays a specified amount within a specified period the person will not be liable to proceedings for a civil penalty for the contravention;

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth;
marine incident means any of the following:
(a)a death of, or injury to, a person associated with the operation or navigation of a domestic commercial vessel;
(b)the loss or presumed loss of a domestic commercial vessel;
(c)a collision of a domestic commercial vessel with another vessel;
(d)a collision by a domestic commercial vessel with an object;
(e)the grounding, sinking, flooding or capsizing of a domestic commercial vessel;
(f)a fire on board a domestic commercial vessel;
(g)a loss of stability of a domestic commercial vessel that affects the safety of the vessel;
(h)the structural failure of a domestic commercial vessel;
(i)a close quarters situation;
(j)an event that results in, or could have resulted in—
(i)the death of, or injury to, a person on board a domestic commercial vessel; or
(ii)the loss of a person from a domestic commercial vessel; or

(iii)a domestic commercial vessel becoming disabled and requiring assistance;

(k)the fouling or damaging by a domestic commercial vessel of—
(i)any pipeline or submarine cable; or
(ii)any aid to navigation within the meaning of the Navigation Act 2012 of the Commonwealth;

(l)a prescribed incident involving a domestic commercial vessel;

marine safety equipment means equipment designed or used to prevent a marine incident, or mitigate the consequences of a marine incident, and includes, but is not limited to, the following things carried or installed on a domestic commercial vessel:
(a)personal flotation devices;
(b)telecommunications systems;
(c)flares and other devices that can be used to attract attention to the vessel or indicate the vessel’s position;
(d)position identification systems;
(e)anchors and other devices that may be used to maintain the vessel’s position or stability;
(f)oars and other alternative means of propulsion;
(g)fire extinguishers;
(h)lights;
(i)thermal protective aids;
(j)such other equipment as is prescribed by the regulations;

marine safety inspector means—
(a)a person appointed as an inspector under section 91; or
(b)a member of the Australian Federal Police; or
(c)a member of the police force (however described) of a State or a Territory;

monitoring warrant means a warrant issued under section 134;
National Marine Safety Regulator see section 9;
National Regulator see section 9;
National Standard for Commercial Vessels means the National Standard for Commercial Vessels adopted by—
(a)the COAG Council; or
(b)if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph;

occupier in relation to premises, includes—
(a)a person who apparently represents the occupier of the premises; and
(b)if the premises are a vessel—the master of the vessel;

offence against this Law includes an offence against the Crimes Act 1914 of the Commonwealth or the Criminal Code that relates to this Law;
operate a vessel means—
(a)determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway; or
(b)load or unload the vessel when it is moored or berthed;

owner of a vessel includes—
(a)a person who has a legal or beneficial interest in the vessel, other than as a mortgagee; and
(b)a person with overall general control and management of the vessel,

for this purpose, a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel;
partnership has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;
personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
person assisting a marine safety inspector: see section 114;
pilot means a person who does not belong to, but has the conduct of, a vessel;
premises includes the following:
(a)a structure, building, vehicle, vessel or aircraft;
(b)a place (whether or not enclosed or built on);
(c)a part of a thing referred to in paragraph (a) or (b);

prohibition notice means a prohibition notice issued under section 111;
regulated Australian vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth;
reviewable decision see section 139;
this Law includes the regulations and any other legislative instrument made under this Law;
trust means a person in the capacity of trustee or, as the case requires, a trust estate;
trustee has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;
Uniform Shipping Laws Code means the Uniform Shipping Laws Code adopted by—
(a)the COAG Council; or
(b)if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph;

unique identifier in relation to a vessel, means a unique identifier issued under section 31;
unsafe vessel means a vessel that is likely to endanger any person for any reason, including because of—
(a)the condition or equipment of the vessel; or
(b)the manner or place in which cargo or equipment on the vessel is stowed or secured; or
(c)the nature of the cargo; or
(d)the overloading of the vessel with people or cargo (including the submergence of the vessel’s load line); or
(e)the number of its crew or the qualifications of its crew or master;

vessel see section 8;
vessel monitoring powers see section 99;
warrant means a monitoring warrant or an enforcement warrant.
7—Definition of domestic commercial vessel
(1)In this Law—
domestic commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity.
(2)The use of a vessel in connection with an activity that is not a commercial, governmental or research activity at the same time as the vessel is used in connection with a commercial, governmental or research activity does not prevent the vessel from being a domestic commercial vessel.
(3)Despite subsection (1), a vessel is not a domestic commercial vessel if the vessel—
(a)is a regulated Australian vessel; or
(b)is a foreign vessel; or
(c)is a defence vessel; or
(d)is owned by—
(i)a primary or secondary school; or
(ii)a community group of a kind prescribed by the regulations.

Note—
Generally an Australian vessel will be a regulated Australian vessel if it voyages outside Australia’s exclusive economic zone at any time. Regulated Australian vessels are dealt with by the Navigation Act 2012 of the Commonwealth rather than this Law.

(4)Despite subsection (3)(d), a vessel covered by that subsection is a domestic commercial vessel at any time when it is being used for—
(a)a purpose prescribed by the regulations; or
(b)an activity prescribed by the regulations.

(5)Despite subsections (1) and (2), the regulations may provide as follows:
(a)that a specified thing, or a thing included in a specified class, is a domestic commercial vessel;
(b)that a specified thing, or a thing included in a specified class, is not a domestic commercial vessel.

(6)Regulations made for the purposes of subsection (3)(d)(ii) may prescribe a kind by reference to a decision of the National Regulator.
(7)A vessel in the course of construction is a domestic commercial vessel if the vessel is, after completion, for use as a domestic commercial vessel.
(8)For the purposes of subsection (7), a vessel that has been launched, but has not been completed and delivered under the relevant building contract, is taken to be a vessel in the course of construction.
8—Definition of vessel
(1)In this Law—
vessel means a craft for use, or that is capable of being used, in navigation by water, however propelled or moved, and includes an air cushion vehicle, a barge, a lighter, a submersible, a ferry in chains and a wing in ground effect craft.
(2)Despite subsection (1), none of the following is a vessel:
(a)an aircraft;
(b)a thing that is a facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.

(3)Despite subsections (1) and (2), the regulations may provide as follows:
(a)that a specified thing, or a thing included in a specified class, is a vessel;
(b)that a specified thing, or a thing included in a specified class, is not a vessel.

Part 2—The National Marine Safety Regulator
9—The National Marine Safety Regulator
The Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to in this Act as the National Regulator).
Note—
The Australian Maritime Safety Authority is established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth. Section 10 of that Act sets out the general powers of the Authority.

10—Functions of the National Regulator
The National Regulator has the following functions:
(a)to make and maintain Marine Orders made under section 163;
(b)to develop and maintain national standards, guidelines and codes of practice relating to marine safety;
(c)to issue unique identifiers and certificates for the purposes of this Law and perform other functions in relation to such identifiers and certificates;
(d)to accredit persons and approve training organisations for the purposes of this Law;
(e)to undertake investigation, monitoring and enforcement activities under or for the purposes of this Law;
(f)to consult appropriate authorities of the States and Territories, and other persons, associations and organisations, on matters related to the activities of the National Regulator;
(g)to collect and distribute information, and provide advice, to—
(i)the Commonwealth Minister; and
(ii)the States and Territories; and

(iii)the public,

on matters related to the activities of the National Regulator and the operation of this Law;
(h)to develop or commission education programs relating to marine safety;
(i)to collect, analyse and disseminate data relating to marine safety;
(j)such other functions as are conferred on the National Regulator by this Law or any other law (including a law of the Commonwealth, a State or the Northern Territory);
(k)to perform functions incidental to any of the previously described functions.

11—Delegation
(1)The National Regulator may, by writing, delegate one or more of the National Regulator’s powers or functions under this Law to one or more of the following:
(a)an officer or employee of an agency of the Commonwealth;
(b)an officer or employee of an agency of a State or the Northern Territory.

(2)A delegate of the National Regulator is subject to the National Regulator’s directions in the exercise of delegated powers and the performance of delegated functions.
(3)A person (the delegate) to whom a power or function is delegated under subsection (1) may, by writing, sub‑delegate that power or function to another officer or employee (the sub‑delegate) of the agency of which the delegate is an officer or employee.
(4)A sub‑delegate is subject to the directions of the delegate in the exercise of delegated powers and the performance of delegated functions.
(5)If the delegate is subject to a direction by the National Regulator in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (3), the delegate must give a corresponding direction to the sub‑delegate.
(6)Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply to a sub delegation in the same way as they apply to a delegation.
(7)The National Regulator must not delegate a power or function under subsection (1) to an officer or employee of an agency of a State or the Northern Territory without the agreement of the State or the Northern Territory, as the case requires.
Part 3—General safety duties relating to domestic commercial vessels
Division 1—Duties of owners
12—Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
(1)An owner of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of—
(a)the vessel; and
(b)marine safety equipment that relates to the vessel; and
(c)the operation of the vessel.

(2)Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if—
(a)the owner does not provide or maintain the vessel so that the vessel is, so far as reasonably practicable, safe; or
(b)the owner does not implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe; or
(c)the owner does not provide, so far as reasonably practicable, such information, instruction, training or supervision to people on board the vessel as is necessary to ensure their safety.

(3)Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if—
(a)the owner operates the vessel, or causes or allows the vessel to be operated; and
(b)the vessel is an unsafe vessel.

(4)Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if the owner prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.
13—Offences relating to contraventions of section 12
(1)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 12(1); and
(c)the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: Imprisonment for 2 years or 1,800 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 12(1); and
(c)the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 200 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 12(1); and
(c)the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 12(1).

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 2—Duties of designers, builders, suppliers etc
14—Duty relating to design, manufacture etc of domestic commercial vessels
A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a domestic commercial vessel, or marine safety equipment that relates to such a vessel, must—
(a)ensure, so far as reasonably practicable, that the vessel or equipment is safe if used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and
(b)either—
(i)carry out, or arrange the carrying out of, such testing and examination as may be necessary for compliance with paragraph (a); or
(ii)ensure that such testing and examination has been carried out; and

(c)take such action as is necessary to ensure that there will be available, in connection with the use of the vessel or equipment, adequate information about—
(i)the use for which the vessel or equipment was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and
(ii)the results of any testing or examination referred to in paragraph (b); and

(iii)any conditions necessary to ensure the vessel or equipment is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be.

15—Offences relating to contraventions of section 14
(1)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 14; and
(c)the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: Imprisonment for 2 years or 1,800 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 14; and
(c)the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 200 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 14; and
(c)the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 14.

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 3—Duties of masters
16—Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
(1)The master of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of—
(a)the vessel; and
(b)marine safety equipment that relates to the vessel; and
(c)the operation of the vessel.

(2)Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if the master does not, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel.
(3)Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if—
(a)the master operates the vessel, or causes or allows the vessel to be operated; and
(b)the vessel is an unsafe vessel.

(4)Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if, when carrying out duties as master or doing anything in relation to the vessel, the master interferes with or misuses anything provided on the vessel in the interests of the safety of the vessel.
(5)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

17—Duty of masters of domestic commercial vessels to take reasonable care for safety of persons
(1)The master of a domestic commercial vessel must, when carrying out duties as master of the vessel—
(a)take reasonable care for his or her own safety; and
(b)take reasonable care for the safety of persons who may be affected by his or her acts or omissions.

(2)The master of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as master of the vessel.
(3)Subsections (1) and (2) do not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

18—Offences relating to contraventions of section 16 or 17
(1)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 16(1) or 17(1) or (2); and
(c)the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: Imprisonment for 2 years or 1,800 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 16(1) or 17(1) or (2); and
(c)the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 200 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 16(1) or 17(1) or (2); and
(c)the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 16(1) or 17(1) or (2).

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 4—Duties of crew
19—Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc
(1)A member of the crew of a domestic commercial vessel, when carrying out duties as a member of the crew, must—
(a)take reasonable care for his or her own safety; and
(b)take reasonable care for the safety of persons who may be affected by his or her acts or omissions; and
(c)comply with any reasonable and lawful directions of the master of the vessel or a supervisor.

(2)A member of the crew of a domestic commercial vessel must not interfere with or misuse anything provided on the vessel in the interests of the safety of the vessel.
(3)A member of the crew of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as a member of the crew.
(4)Without limiting subsection (1), a member of the crew of a domestic commercial vessel contravenes that subsection if the member of the crew prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.
20—Offences relating to contraventions of section 19
(1)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 19(1), (2) or (3); and
(c)the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: Imprisonment for 2 years or 1,800 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 19(1), (2) or (3); and
(c)the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 200 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 19(1), (2) or (3); and

(c)the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 19(1), (2) or (3).

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 5—Duties of passengers
21—Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc
(1)A passenger on board a domestic commercial vessel must—
(a)take reasonable care for his or her safety; and
(b)comply with any reasonable and lawful directions of the master or a member of the crew of the vessel, if the passenger has been advised that non‑compliance may constitute an offence.

(2)A passenger on board a domestic commercial vessel must not interfere with or misuse anything provided on the vessel in the interests of the safety of the vessel.
(3)A passenger on board a domestic commercial vessel must not unreasonably place at risk the safety of another person.
(4)Without limiting subsection (1), a passenger on board a domestic commercial vessel contravenes that subsection if the passenger prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.
22—Offences relating to contraventions of section 21
(1)A person commits an offence if:
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 21(1), (2) or (3); and
(c)the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: Imprisonment for 12 months or 200 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 21(1), (2) or (3); and
(c)the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.

Penalty: 160 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 21(1), (2) or (3).

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 21(1), (2) or (3).

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 6—Other duties
23—Duty of persons relating to safety of persons on domestic commercial vessels, etc
(1)A person embarking on, on board or disembarking from a domestic commercial vessel must take reasonable care for his or her own safety.
(2)Without limiting subsection (1), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of the person.
(3)A person must take reasonable care that his or her acts and omissions do not adversely affect the safety of another person if that other person—
(a)is on board a domestic commercial vessel; or
(b)is taking an action connected with a domestic commercial vessel.

(4)Without limiting subsection (3), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of another person referred to in that subsection.
24—Offences relating to contraventions of section 23
(1)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 23(1) or (3); and
(c)the person intends the act or omission to be a risk to the safety of a person.

Penalty: Imprisonment for 12 months or 200 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 23(1) or (3); and
(c)the person is reckless as to whether the act or omission is a risk to the safety of a person.

Penalty: 160 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 23(1) or (3); and
(c)the person is negligent as to whether the act or omission is a risk to the safety of a person.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 23(1) or (3).

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

25—Duty of persons in relation to domestic commercial vessels
(1)A person must not unreasonably cause, or do an act or omit to do an act that may cause, the loss or destruction of, or serious damage to, a domestic commercial vessel.
(2)A person must take such actions as are reasonably practicable to prevent the loss or destruction of, or serious damage to, a domestic commercial vessel.
(3)Without limiting subsection (1), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of the vessel.
26—Offences relating to contraventions of section 25
(1)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 25(1)or (2); and
(c)the person intends the act or omission to cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

Penalty: Imprisonment for 12 months or 200 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 25(1) or (2); and
(c)the person is reckless as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

Penalty: 160 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 25(1) or (2); and
(c)the person is negligent as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes section 25(1) or (2).

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 7—General provisions
27—Determining what is reasonably practicable to ensure safety
In this Law, reasonably practicable, in relation to a duty imposed upon a person to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring safety, taking into account and weighing up all relevant matters, including—
(a)the likelihood of the hazard or risk concerned eventuating; and
(b)the degree of harm that might result from the hazard or risk concerned eventuating; and
(c)what the person concerned knows, or ought reasonably to know, about—
(i)the hazard or the risk concerned; and
(ii)ways of eliminating or minimising the hazard or risk concerned; and

(d)the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and
(e)after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned.

28—Functions and powers of marine safety inspectors not affected
To avoid doubt, subsections 21(4), 23(2) and (4) and 25(3) do not affect the performance of a function or the exercise of a power under this Law by a marine safety inspector.
29—Requirements imposed by this Part do not limit one another
The requirements imposed by this Part do not limit one another.
Part 4—Vessel identifiers and certificates for vessels and seafarers
Division 1—Unique identifiers
30—Person may apply for unique identifier
(1)A person may apply to the National Regulator for a unique identifier for a domestic commercial vessel.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
Note—
Regulations could provide for the application to be made in conjunction with an application for a certificate (for example, a certificate of operation).

31—Issue of unique identifier
(1)The National Regulator must, by written instrument, issue a unique identifier for a domestic commercial vessel if—
(a)an application for the unique identifier has been made under section 30; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the unique identifier.

(2)Without limiting the criteria that may be prescribed, the regulations are to include criteria relating to the identification of the vessel.
(3)A unique identifier comes into force on the day specified in the written instrument or, if no day is so specified, on the day on which it is issued.
32—Offence—operating etc a vessel without a unique identifier (owner)
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner—
(i)operates the vessel, or causes or permits the vessel to be operated; or
(ii)causes or permits the vessel to be in navigable waters; and

(b)a unique identifier is not in force for the vessel; and
(c)the vessel is not exempt from the requirement to have a unique identifier (see section 143).

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

33—Offence—operating etc a vessel without a unique identifier (master)
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master—
(i)operates the vessel, or causes or permits the vessel to be operated; or
(ii)causes or permits the vessel to be in navigable waters; and

(b)a unique identifier is not in force for the vessel; and
(c)the vessel is not exempt from the requirement to have a unique identifier (see section 143).

Penalty: 60 penalty units.
(2)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

(3)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

34—Offence—display etc of a unique identifier (owner)
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner—
(i)operates the vessel, or causes or permits the vessel to be operated; or
(ii)causes or permits the vessel to be in navigable waters; and

(b)a unique identifier is not displayed on the vessel in accordance with the regulations.

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

35—Offence—display etc of unique identifier (master)
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master—
(i)operates the vessel, or causes or permits the vessel to be operated; or
(ii)causes or permits the vessel to be in navigable waters; and

(b)a unique identifier is not displayed on the vessel in accordance with the regulations.

Penalty: 60 penalty units.
(2)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

(3)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

36—Offence—removal or alteration of a unique identifier
(1)A person commits an offence if—
(a)the person removes or alters a unique identifier that is displayed on a domestic commercial vessel; and
(b)the removal or alteration is not permitted by the regulations.

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 2—Certificates of survey
37—Person may apply for a certificate of survey
(1)A person may apply to the National Regulator for a certificate of survey for a domestic commercial vessel.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
38—Issue of certificate of survey
(1)The National Regulator must issue a certificate of survey for a domestic commercial vessel if—
(a)an application for the certificate has been made under section 37; and
(b)the National Regulator is satisfied that the vessel has been surveyed in accordance with the regulations; and
(c)the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.

(2)Without limiting the criteria that may be prescribed, the regulations are to include criteria relating to—
(a)the technical specifications that the vessel must satisfy; and
(b)the standards prescribed as mentioned in section 159 that the vessel must satisfy.

(3)A certificate of survey is subject to—
(a)the conditions (if any) prescribed by the regulations; and
(b)the conditions (if any) imposed by the National Regulator.

(4)Conditions prescribed by the regulations or imposed by the National Regulator may include, but are not limited to, conditions relating to—
(a)the frequency with which a vessel must be surveyed; and
(b)compliance with standards prescribed as mentioned in section 159.

(5)A certificate of survey—
(a)comes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and
(b)subject to subsection (6), remains in force until the day specified in the certificate, unless it is revoked earlier.

(6)A certificate of survey is not in force at any time when it is suspended.
39—Person may apply for variation, suspension or revocation of a certificate of survey
(1)A person may apply to the National Regulator for a variation, suspension or revocation of a certificate of survey for a domestic commercial vessel.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
40—Variation of certificate of survey
(1)The National Regulator must vary a certificate of survey if—
(a)an application for variation of the certificate has been made under section 39; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.

(2)The National Regulator must vary a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met.
(3)Without limiting subsections (1) and (2), the National Regulator may vary a certificate of survey to impose a condition on the certificate or to vary or revoke such a condition.
41—Suspension of certificate of survey
(1)The National Regulator must suspend a certificate of survey if—
(a)an application for suspension of the certificate has been made under section 39; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.

(2)The National Regulator must suspend a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the suspension is necessary—
(a)for the purpose of—
(i)protecting human life; or
(ii)securing the safe navigation of vessels; or

(iii)dealing with an emergency involving a serious threat to the environment; or

(b)for another purpose prescribed by the regulations.

(3)A suspension—
(a)comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and
(b)remains in force until—
(i)the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or
(ii)if no period is specified—the end of the prescribed period,

unless it is revoked earlier.

(4)A period referred to in subsection (3)(b)(i) may be specified by reference to the fulfilment of a requirement or condition specified by the Regulator.
42—Revocation of certificate of survey
(1)The National Regulator must revoke a certificate of survey if—
(a)an application for revocation of the certificate has been made under section 39; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.

(2)The National Regulator must revoke a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met.
43—Offence—operating etc a vessel without a certificate of survey (owner)
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner operates the vessel, or causes or permits the vessel to be operated; and
(b)a certificate of survey is not in force for the vessel; and
(c)the vessel is not exempt from survey (see section 143).

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

44—Offence—operating etc a vessel without a certificate of survey (master)
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master operates the vessel, or causes or permits the vessel to be operated; and
(b)a certificate of survey is not in force for the vessel; and

(c)the vessel is not exempt from survey (see section 143).

Penalty: 60 penalty units.
(2)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

(3)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

45—Offence—breach of a condition of a certificate of survey (owner)
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner operates the vessel, or causes or permits the vessel to be operated; and
(b)the operation of the vessel is in breach of a condition of the certificate of survey of the vessel.

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

46—Offence—breach of a condition of a certificate of survey (master)
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master operates the vessel, or causes or permits the vessel to be operated; and
(b)the operation of the vessel is in breach of a condition of the certificate of survey of the vessel.

Penalty: 60 penalty units.
(2)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

(3)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 3—Certificates of operation
47—Person may apply for a certificate of operation
(1)A person may apply to the National Regulator for a certificate of operation for one or more domestic commercial vessels.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
(3)If the application is for more than one domestic commercial vessel, each vessel must be separately identified in the application.
48—Issue of certificate of operation
(1)The National Regulator must issue a certificate of operation for one or more domestic commercial vessels if—
(a)an application for the certificate has been made under section 47; and
(b)the National Regulator is satisfied that the applicant has demonstrated appropriate competence and capacity in relation to the safe operation of the vessel; and
(c)the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.

(2)Despite subsection (1), the National Regulator may refuse to issue a certificate of operation for one or more domestic commercial vessels if the National Regulator is satisfied that the applicant is not a fit and proper person to hold the certificate.
(3)Without limiting the criteria that may be prescribed, the regulations are to include criteria relating to the safe operation of vessels.
(4)A certificate of operation is subject to—
(a)the conditions (if any) prescribed by the regulations; and
(b)the conditions (if any) imposed by the National Regulator.

(5)Conditions prescribed by the regulations or imposed by the National Regulator on a certificate of operation may include, but are not limited to, conditions relating to the following for each vessel to which the certificate relates:
(a)the number of crew required to be on board while the relevant vessel or vessels are being operated;
(b)qualifications of the master and crew;
(c)the number of people that may be on board;
(d)the condition of specified physical parts of the relevant vessel or vessels;
(e)safety management systems;
(f)limitations on use by reference to geographical and meteorological factors and time of day;
(g)operating hours;
(h)compliance with standards prescribed as mentioned in section 159.

(6)A certificate of operation—
(a)comes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and
(b)subject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.

(7)A certificate of operation is not in force at any time when it is suspended.
49—Person may apply for variation, suspension or revocation of a certificate of operation
(1)A person may apply to the National Regulator for a variation, suspension or revocation of a certificate of operation.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
50—Variation of certificate of operation
(1)The National Regulator must vary a certificate of operation if—
(a)an application for variation of the certificate has been made under section 49; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.

(2)The National Regulator must vary a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met.
(3)Without limiting subsections (1) and (2), the National Regulator may vary a certificate of operation to impose a condition on the certificate or to vary or revoke such a condition.
51—Suspension of certificate of operation
(1)The National Regulator must suspend a certificate of operation if—
(a)an application for suspension of the certificate has been made under section 49; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.

(2)The National Regulator must suspend a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that the suspension is necessary—
(a)for the purpose of—
(i)protecting human life; or
(ii)securing the safe navigation of vessels; or

(iii)dealing with an emergency involving a serious threat to the environment; or

(b)for another purpose prescribed by the regulations.

(3)A suspension—
(a)comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and
(b)remains in force until—
(i)the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or
(ii)if no period is specified—the end of the prescribed period,

unless it is revoked earlier.

(4)A period referred to in (3)(b)(i) may be described by reference to the fulfilment of a requirement or condition specified by the Regulator.
52—Revocation of certificate of operation
(1)The National Regulator must revoke a certificate of operation if—
(a)an application for revocation of the certificate has been made under section 49; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.

(2)The National Regulator must revoke a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met.
(3)Without limiting subsections (1) and (2), the National Regulator may revoke a certificate of operation if the National Regulator is satisfied that the holder of the certificate is not a fit and proper person to hold the certificate.
53—Offence—operating etc a vessel without a certificate of operation (owner)
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner operates the vessel, or causes or permits the vessel to be operated by another person; and
(b)the operation of the vessel is not authorised by a certificate of operation in force for the vessel; and
(c)the vessel is not exempt from the requirement to have a certificate of operation (see section 143).

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

54—Offence—operating etc a vessel without a certificate of operation (master)
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master operates the vessel, or causes or permits the vessel to be operated by another person; and
(b)the operation of the vessel is not authorised by a certificate of operation in force for the vessel; and
(c)the vessel is not exempt from the requirement to have a certificate of operation (see section 143).

Penalty: 60 penalty units.
(2)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

(3)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

55—Offence—breach of a condition of a certificate of operation (owner)
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner operates the vessel, or causes or permits the vessel to be operated; and
(b)the operation of the vessel is in breach of a condition of the certificate of operation for the vessel.

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

56—Offence—breach of a condition of a certificate of operation (master)
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master operates the vessel, or causes or permits the vessel to be operated; and
(b)the operation of the vessel is in breach of a condition of the certificate of operation for the vessel.

Penalty: 60 penalty units.
(2)Subsection (1) does not apply if—
(a)the vessel is a hire and drive vessel being used wholly for recreational purposes; and
(b)the master of the vessel is a hirer of the vessel.

(3)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

57—Obligation to notify National Regulator of certain matters
(1)The holder of a certificate of operation for a domestic commercial vessel commits an offence if—
(a)the vessel is sold, modified, sunk or scrapped; and
(b)the holder does not notify the National Regulator within the prescribed period of the sale, modification, sinking or scrapping of the vessel.

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

Division 4—Certificates of competency
58—Regulations may provide for certificate of competency
(1)The regulations may make provision in relation to certificates of competency.
(2)The regulations may require that an individual hold a certificate of competency of a particular kind in order to undertake particular duties, or perform particular functions, in the person’s capacity as the master or a member of the crew of a domestic commercial vessel.
(3)The regulations may provide for different classes of certificates of competency.
59—Individual may apply for a certificate of competency
(1)An individual may apply to the National Regulator for a certificate of competency.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
60—Issue of certificate of competency
(1)The National Regulator must issue a certificate of competency to a person if—
(a)the person has made an application for the certificate under section 59; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.

(2)Despite subsection (1), the National Regulator may refuse to issue a certificate of competency to a person if the National Regulator is satisfied that the applicant is not a fit and proper person to hold the certificate.
(3)Without limiting the criteria that may be prescribed, the regulations—
(a)are to include criteria required to be satisfied for a particular certificate of competency to be issued to a person; and
(b)may include criteria relating to tests, including medical tests, and assessments of experience and competence.

(4)A certificate of competency is subject to—
(a)the conditions (if any) prescribed by the regulations; and
(b)the conditions (if any) imposed by the National Regulator.

(5)Conditions prescribed by the regulations or imposed by the National Regulator may include, but are not limited to—
(a)conditions relating to tests, including medical tests, and assessments of experience and competence, that the holder of the certificate must take in order to retain the certificate; and
(b)limitations relating to the types or classes of domestic commercial vessels that the holder of the certificate is authorised to operate; and
(c)the places and kinds of waters in which, and periods during which, the holder of the certificate is authorised to operate domestic commercial vessels.

(6)A certificate of competency—
(a)comes into force on the day specified in the certificate or, if no day is specified, the day on which it is issued; and
(b)subject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.

(7)A certificate of competency is not in force at any time when it is suspended.
61—Person may apply for variation, suspension or revocation of a certificate of competency
(1)A person may apply to the National Regulator for a variation, suspension or revocation of a certificate of competency held by the person.
(2)The application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).
62—Variation of certificate of competency
(1)The National Regulator must vary a certificate of competency if—
(a)an application for variation of the certificate has been made under section 61; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.

(2)The National Regulator must vary a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met.
(3)Without limiting subsections (1) and (2), the National Regulator may vary a certificate of competency to impose a condition on the certificate or to vary or revoke such a condition.
63—Suspension of certificate of competency
(1)The National Regulator must suspend a certificate of competency if—
(a)an application for suspension of the certificate has been made under section 61; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.

(2)The National Regulator must suspend a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that the suspension is necessary—
(a)for the purpose of—
(i)protecting human life; or
(ii)securing the safe navigation of vessels; or

(iii)dealing with an emergency involving a serious threat to the environment; or

(b)for another purpose prescribed by the regulations.

(3)A suspension—
(a)comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and
(b)remains in force until—
(i)the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or
(ii)if no period is specified—the end of the prescribed period,

unless it is revoked earlier.

(4)A period referred to in subparagraph (3)(b)(i) may be described by reference to the fulfilment of a requirement or condition specified by the Regulator.
64—Revocation of certificate of competency
(1)The National Regulator must revoke a certificate of competency if—
(a)an application for revocation of the certificate has been made under section 61; and
(b)the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.

(2)The National Regulator must revoke a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met.
(3)Without limiting subsections (1) and (2), the National Regulator may revoke a certificate of competency if the National Regulator is satisfied that the holder of the certificate is not a fit and proper person to hold the certificate.
65—Offence—owner causing etc performance of duties or functions without a certificate of competency
(1)The owner of a domestic commercial vessel commits an offence if—
(a)the owner causes or permits another person to perform duties or functions in relation to the vessel; and
(b)the regulations require the other person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and
(c)the other person does not hold a certificate of competency of that kind; and
(d)the other person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

66—Offence—person performing duties or functions without a certificate of competency
(1)A person commits an offence if—
(a)the person performs duties or functions in relation to a domestic commercial vessel; and
(b)the regulations require the person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and
(c)the person does not hold a certificate of competency of that kind; and
(d)the person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).

Penalty: 60 penalty units.
(2)An offence against subsection (1) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

67—Offence—master causing etc performance of duties or functions without a certificate of competency
(1)The master of a domestic commercial vessel commits an offence if—
(a)the master causes or permits another person to perform duties or functions in relation to the vessel; and
(b)the regulations require the other person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and

(a)the offender gives evidence to the National Regulator in accordance with subsection (2)(b); and
(b)despite that evidence, the National Regulator is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order,

the National Regulator may apply to a court for an order authorising the National Regulator, or a person authorised in writing by the National Regulator, to take the action or actions.
(6)If the National Regulator takes one or more actions under subsection (4) or an order under subsection (5), the National Regulator is entitled to recover from the offender, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the National Regulator.
Division 9—Regulations and other legislative instruments
159—Regulations
(1)The Governor‑General may make regulations prescribing matters—
(a)required or permitted by this Law to be prescribed; or
(b)necessary or convenient to be prescribed for carrying out or giving effect to this Law.

(2)The regulations may prescribe standards for the purposes of this Law including, but not limited to, standards in relation to the following:
(a)the survey of domestic commercial vessels;
(b)the construction of domestic commercial vessels;
(c)machinery and equipment connected with domestic commercial vessels;
(d)maintenance of domestic commercial vessels;
(e)operation of domestic commercial vessels;
(f)crewing of domestic commercial vessels;
(g)qualifications of crew and masters of domestic commercial vessels;
(h)safety of domestic commercial vessels;
(i)communications relating to domestic commercial vessels.

(3)The regulations may prescribe requirements relating to the following:
(a)the keeping of records relating to the operation of domestic commercial vessels;
(b)auditing the operation of domestic commercial vessels;
(c)the marking of domestic commercial vessels;
(d)advertising the uses of domestic commercial vessels, including prohibiting advertising of uses not permitted by a certificate for the vessel.

(4)The regulations may prescribe a scheme for and in relation to voluntary enforceable undertakings.
(5)The regulations may make provision for and in relation to—
(a)requiring persons to hold certificates (within the ordinary meaning of that expression) or other documents for the purposes of giving effect to an international convention or instrument that is in force for Australia; and
(b)the issuing, varying, revoking and suspending of such certificates or other documents.

(6)Before the Governor‑General makes regulations for the purposes of section 7(4) or (5), the Commonwealth Minister must be satisfied that—
(a)the COAG Council has been consulted in relation to the proposed regulations; and
(b)the COAG Council has unanimously agreed to the making of the proposed regulations.

160—Regulations may prescribe matters relating to accreditation and approval
(1)The regulations may prescribe matters relating to accreditation and approval, including, but not limited to—
(a)the accreditation of persons to perform roles prescribed by regulations made for the purposes of this paragraph; and
(b)the approval of training organisations.

(2)Examples of matters that the regulations may deal with are—
(a)the standards that are to be met by persons who seek to be accredited or approved; and
(b)who is responsible for determining whether a person meets the standards; and
(c)how accreditation is to be recognised (for example, by establishment of a register or other method); and
(d)the standards and other obligations that persons must continue to meet to remain accredited or approved; and
(e)who is responsible for monitoring compliance with ongoing requirements in the regulations; and
(f)the consequences of accredited persons and approved training organisations failing to comply with the provisions of this Law; and
(g)the obligations of accredited persons and approved training organisations in relation to the monitoring of their compliance; and
(h)how and by whom an accredited person may have his or her accreditation (or recognition of that accreditation) varied, suspended or revoked; and
(i)how and by whom an approved training organisation may have its approval varied, suspended or revoked; and
(j)review of decisions to refuse, vary, suspend or revoke accreditation (or recognition of accreditation) or approval; and
(k)the process for handling complaints involving accredited persons or approved training organisations; and
(l)who may deliver recognised training to accredited persons or approved training organisations; and
(m)auditing accredited persons or approved training organisations.

(3)Before the Governor General makes the first regulations for the purposes of subsection (1)(a) providing for the accreditation of persons to perform the role of a surveyor of vessels, the Commonwealth Minister must be satisfied that—
(a)the COAG Council has been consulted in relation to the proposed regulations; and
(b)the COAG Council has agreed to the making of the proposed regulations.

161—Offence of contravening a condition of accreditation
(1)An accredited person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; and
(c)the act or omission is a risk to the safety of a person or a domestic commercial vessel; and
(d)the person intends the act or omission to be a risk to the safety of a person or a domestic commercial vessel.

Penalty: Imprisonment for 12 months or 200 penalty units, or both.
(2)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; and
(c)the act or omission is a risk to the safety of a person or a domestic commercial vessel; and
(d)the person is reckless as to whether the act or omission is a risk to the safety of a person or a domestic commercial vessel.

Penalty: 160 penalty units.
(3)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; and
(c)the act or omission is a risk to the safety of a person or a domestic commercial vessel; and
(d)the person is negligent as to whether the act or omission is a risk to the safety of a person or a domestic commercial vessel.

Penalty: 120 penalty units.
(4)A person commits an offence if—
(a)the person does an act or omits to do an act; and
(b)the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph.

Penalty: 60 penalty units.
(5)An offence against subsection (4) is an offence of strict liability.
Note—
For strict liability, see section 6.1 of the Criminal Code.

162—Regulations may prescribe penalties etc
(1)The regulations may prescribe penalties not more than 50 penalty units for offences against the regulations.
(2)The regulations may prescribe civil penalties for contraventions of the regulations, not more than—
(a)for a body corporate—500 penalty units; or
(b)in any other case—100 penalty units.

(3)The regulations may provide for a person who is alleged to have contravened a provision of the regulations for whose contravention a civil penalty is prescribed to pay a penalty to the Commonwealth as an alternative to proceedings for a civil penalty.
(4)The penalty must not exceed one tenth of the maximum penalty that a court could have ordered the person to pay if the court was satisfied that the person had contravened that provision.
163—Legislative instruments other than regulations
(1)The National Regulator may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations, other than regulations made for the purposes of the following provisions:
(a)sections 7(4) and (5) (definition of domestic commercial vessel);
(b)section 8(3)(a) (definition of vessel);
(c)section 150(1) (fees);
(d)section 160(1)(a) (accreditation).

(2)If a Marine Order is inconsistent with this Law, the Marine Order is, to the extent of the inconsistency, of no effect.
(3)A reference to this Law in subsection (2) does not include a reference to a Marine Order.
164—Incorporation of material, etc
Despite section 14 of the Legislative Instruments Act 2003 of the Commonwealth, the regulations and Marine Orders may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in any written instrument in force or existing from time to time, including but not limited to—
(a)the National Standard for Commercial Vessels; and
(b)the Uniform Shipping Laws Code.

165—Regulations may deal with transitional matters
(1)The regulations may prescribe matters of a transitional nature (including matters of an application or saving nature)—
(a)arising out of the enactment of this Law; or
(b)relating to the transition from the application of provisions of laws of the States and the Territories to the application of provisions of this Law.

(2)The regulations have effect despite anything else in this Law.
(3)The regulations may provide that certain provisions of this Law are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified.
(4)The regulations may provide that a specified identifier, document, licence, certificate or exemption (however described) issued, whether before or after the commencement of this Act, under a law of a State or the Northern Territory is taken to be a specified identifier, document, licence, certificate or exemption issued under this Law, subject to such requirements and modifications as are prescribed.
(5)Despite section 12(2) of the Legislative Instruments Act 2003 of the Commonwealth, regulations made under this section may be expressed to take effect from a date before the regulations are registered under that Act.
(6)If—
(a)regulations are expressed to take effect from a date before the date the regulations are registered under the Legislative Instruments Act 2003 of the Commonwealth; and
(b)a person did an act or omitted to do an act before the regulations are registered; and
(c)apart from the retrospective effect of the regulations, the act or omission would not have contravened this Law,

then a court must not convict the person of an offence in relation to the act or omission on the grounds that it contravened this Law.

Schedule 2—Related amendments and transitional provisions
Part 1—Preliminary
1—Amendment provisions
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
2—Regulations may make further transitional or savings provisions
The regulations may make further provisions of a saving or transitional nature in respect of the operation of this Act.
Part 2—Amendment of Harbors and Navigation Act 1993
3—Amendment of Act
(1)Act—delete "CEO" wherever occurring and substitute in each case:
CE

(2)Act—delete "$2 500" wherever occurring and substitute in each case:
$5 000

4—Amendment of section 4—Interpretation
(1)Section 4(1)—after the definition of authorised person insert:
boat operator's licence means a boat operator's licence issued under Part 7;

(2)Section 4(1), definition of CEO—delete the definition and substitute:
CE means the chief executive of the Department;

(3)Section 4(1), definition of commercial vessel—delete the definition and substitute:
commercial vessel means—
(a)a domestic commercial vessel; and
(b)a vessel used for commercial, governmental or research purposes; and
(c)any other vessel of a class declared by the regulations to be included in the ambit of this definition,

but does not include a vessel, or a vessel of a class, declared by the regulations to be excluded from the ambit of this definition;

(4)Section 4(1), definition of Commonwealth Act—delete the definition
(5)Section 4(1), definition of crew—delete the definition and substitute:
crew, of a vessel, includes—
(a)the operator of the vessel; and
(b)any other person, or person of a class, declared by the regulations to be a member of the vessel's crew,

but does not include a person, or a person of a class, declared by the regulations to be excluded from the ambit of this definition;

(6)Section 4(1), definition of department—delete "department or administrative unit of the Public Service that has, subject to the Minister, responsibility for administering this Act" and substitute:
administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act

(7)Section 4(1)—after the definition of department insert:
domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;

(8)Section 4(1)—after the definition of drug screening test insert:
excluded vessel means an excluded vessel within the meaning of section 6A;

(9)Section 4(1), definition of fishing vessel—delete the definition
(10)Section 4(1), definition of key position—delete the definition
(11)Section 4(1), definition of operator—delete the definition and substitute:
operator, of a vessel, means—
(a)in the case of a domestic commercial vessel or any other commercial vessel—the master of the vessel; or
(b)in the case of any other vessel—the person in charge of the vessel while the vessel is underway;

(12)Section 4(1), definition of owner—delete the definition and substitute:
owner, of a vessel, includes—
(a)in the case of a registered vessel—a person registered on the register as the owner of the vessel; and
(b)in the case of a commercial vessel—a charterer of the vessel or an agent of the charterer and a person who takes the vessel on hire;

personal watercraft means a device that—
(a)is propelled by a motor; and
(b)has a fully enclosed hull; and
(c)is designed not to retain water if capsized; and
(d)is designed to be operated by a person who sits astride, stands, or kneels on the device,

and includes the device commonly referred to as a jet ski;

(13)Section 4(1), definition of recreational vessel—delete the definition
(14)Section 4(1), definition of vessel—delete the definition and substitute:
vessel means—
(a)a craft for use, or that is capable of being used, in navigation by water, however propelled or moved (including an air cushion vehicle, a barge, a lighter, a submersible, a ferry in chains and a wing in ground effect craft); and
(b)a surf board, wind surf board, personal watercraft, water skis or other similar device on which a person rides through water; or
(c)a structure that is designed to float in water and is used for commercial, industrial or scientific purposes; and
(d)any other thing declared by the regulations to be included in the ambit of this definition,

but does not include a craft or other thing declared by the regulations not to be included in the ambit of this definition;

5—Insertion of section 6A
After section 6 insert:
6A—Application of Act to certain vessels
(1)Other than where a provision of this Act expressly provides otherwise, the following provisions of this Act do not apply to, or in relation to, an excluded vessel:
(a)a provision of Part 7;
(b)a provision of Part 9;
(c)a provision of Part 10 Divisions 1 and 2;
(d)a provision of Part 11;
(e)a provision of Part 12;
(f)a provision of Part 13.

(2)A provision of this Act not referred to in subsection (1) applies to, or in relation to, an excluded vessel.
(3)In this section—

excluded vessel means—
(a)a vessel to which the Marine Safety (Domestic Commercial Vessel) National Law applies; and
(b)a vessel to which the application of the Marine Safety (Domestic Commercial Vessel) National Law is extended pursuant to the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013; and
(c)any other vessel of a class of vessels declared by the regulations to be included in the ambit of this section.

6—Repeal of section 7
Section 7—delete the section
7—Amendment of heading to Part 2 Division 2
Heading of Part 2 Division 2—delete "Officer"
8—Amendment of section 14—Powers of authorised person
(1)Section 14(1)(b)(i)(A)—delete "and the persons acting in key positions as members of the crew of the vessel hold appropriate certificates of competency or exemptions from the requirement to hold certificates of competency" and substitute:
holds a boat operator's licence or other qualification required under this Act, or an exemption from the requirement to hold a boat operator's licence or other qualification

(2)Section 14(1)(b)(i)(D)—delete subsubparagraph (D)
(3)Section 14(1)(b)(i)(F)—delete "or the conditions of a certificate of survey or loadline certificate"
(4)Section 14(1)(c)—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(5)Section 14(1)(d)—delete paragraph (d) and substitute:
(d)the authorised person may require a person who is apparently in charge of a vessel to produce a certificate of registration in respect of the vessel;

9—Amendment of section 28C—General responsibility of port operator
Section 28C(2)—delete subsection (2)
10—Amendment of section 35—Compulsory pilotage
(1)Section 35(1)—delete "harbor to which this section applies," and substitute:
prescribed area

(2)Section 35(3)—delete subsection (3)
(3)Section 35—after subsection (4) insert:
(5)In this section—

prescribed area means—
(a)a harbor prescribed by the regulations for the purposes of this section; and
(b)any other area of this jurisdiction prescribed by the regulations for the purposes of this section.

11—Repeal of Part 6
Part 6—delete the Part
12—Substitution of heading to Part 7
Heading to Part 7—delete the heading and substitute:
Part 7—Boat operator's licence etc

13—Amendment of section 46—Vessels to which this Part applies
(1)Section 46(a)—delete "recreational"
(2)Section 46(b)—delete paragraph (b) and substitute:
and
(b)any other vessel of a class declared by regulation to be a class of vessels to which this Part applies.

14—Amendment of section 47—Requirement for boat operator's licence, exemption or permit
(1)Section 47(1) and (2)—delete subsections (1) and (2)
(2)Section 47(3)—delete "recreational"
(3)Section 47(3)(a)—delete "certificate of competency of the appropriate class (a boat operator's licence)" and substitute:
boat operator's licence

(4)Section 47(3)(b)—delete "certificate of competency of the relevant class" and substitute:
boat operator's licence

(5)Section 47(3)—after paragraph (c) insert:

or
(d)a prescribed certificate of competency that is in force.

(6)Section 47(3), expiation fee—delete "$105" and substitute:
$315

(7)Section 47(3a)—delete "recreational"
(8)Section 47(3a)(a)—delete "certificate of competency of the appropriate class (a boat operator's licence)" and substitute:
boat operator's licence

(9)Section 47(3a)(b)—delete "certificate of competency of the relevant class" and substitute:
boat operator's licence

(10)Section 47(3a)—after paragraph (c) insert:
or
(d)a prescribed certificate of competency that is in force.

(11)Section 47(3a), expiation fee—delete "$105" and substitute:
$315

(12)Section 47(4)—delete subsection (4) and substitute:
(4)This section does not apply in relation to a hire and drive vessel (within the meaning of section 47A).

(13)Section 47(5)—delete "certificate of competency of the relevant class" and substitute:
boat operator's licence

(14)Section 47—after subsection (5) insert:
(6)In this section—

prescribed certificate of competency means—
(a)a certificate of competency (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law); or
(b)a certificate of competency (however described) issued by a State or Territory that continues to have effect pursuant to transitional provisions made under the Marine Safety (Domestic Commercial Vessel) National Law),

but does not include a certificate of competency of a kind declared by the regulations not to be a prescribed certificate of competency for the purposes of this definition (whether generally or in relation to the operation of a vessel in a particular area).

15—Insertion of section 47A
After section 47 insert:
47A—Requirements for operators of hire and drive vessels
(1)Without limiting section 46, this section applies to, or in relation to, an excluded vessel that is a hire and drive vessel fitted with an engine.
(2)A person must not operate a hire and drive vessel fitted with an engine unless he or she holds—
(a)a boat operator's licence; or
(b)a prescribed certificate of competency; or
(c)an exemption from the operation of this subsection; or
(d)a special permit granted under the regulations.

Maximum penalty: $2 500.
Expiation fee: $105.
(3)A person must not cause, suffer or permit another to operate a hire and drive vessel fitted with an engine unless the other person holds—
(a)a boat operator's licence; or
(b)a prescribed certificate of competency; or
(c)an exemption from the operation of this subsection; or
(d)a special permit granted under the regulations.

Maximum penalty: $2 500.
Expiation fee: $105.
(4)However, subsections (2) and (3) do not apply in relation to—
(a)the operation on the River Murray system (within the meaning of the River Murray Act 2003) between the border of South Australia and a line joining the upstream sides of the landings used by the ferry at Wellington of a hire and drive vessel that is a houseboat by a person who—
(i)is at least 18 years of age; and
(ii)holds either—
(A)a current driver's licence under the Motor Vehicles Act 1959 endorsed with the classification C or R; or
(B)a current interstate licence or foreign licence (as defined in the Motor Vehicles Act 1959) authorising the person to drive motor vehicles of the kind that may be driven pursuant to a driver's licence referred to in subsubparagraph (A) and is, by virtue of section 97A of that Act, authorised to drive such motor vehicles on roads in this State; and

(iii)has received such practical and written instruction in relation to the operation of the houseboat as the regulations may require; or

(b)the operation in waters specified by the CE for the purposes of this paragraph of a hire and drive small vessel by a person who—
(i)is at least 16 years of age; and
(ii)has received such practical and written instruction in relation to the operation of the vessel as the regulations may require.

(5)For the purposes of subsection (4)(b), the CE may specify waters—
(a)by reference to particular waters, or waters of a specified class; or
(b)by reference to the waters in which a particular hire and drive small vessel, or a hire and drive vessel of a specified class, may be operated.

(6)For the purposes of this section, a vessel will be taken to be a houseboat if—
(a)the vessel has facilities for overnight accommodation; and
(b)—
(i)all the living facilities are on or above the deck of the vessel; or
(ii)although not all the living facilities are on or above the deck of the vessel, the vessel is designed and constructed as a river boat providing living facilities similar to that provided in a residential building and the CE and the owner of the vessel agree that the vessel is to be classed as a houseboat.

(7)A person who commits an offence against subsection (2) while disqualified from holding a boat operator's licence or prescribed certificate of competency (as the case requires) is liable to a fine of twice the amount prescribed above.
(8)In this section—

personal watercraft means a device that—
(a)is propelled by a motor; and
(b)has a fully enclosed hull; and
(c)is designed not to retain water if capsized; and
(d)is designed to be operated by a person who sits astride, stands, or kneels on the device,

and includes the device commonly referred to as a jet ski;
prescribed certificate of competency has the same meaning as in section 47;
hire and drive small vessel means a hire and drive vessel that is—
(a)a personal watercraft; or
(b)a motorised dinghy having a length not exceeding 5 m;

hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants.

16—Amendment of section 48—Issue of boat operator's licence or exemption
(1)Section 48(1)—delete "certificates of competency" and substitute:
a boat operator's licence

(2)Section 48(2)(a)—delete "examinations appropriate to a certificate of competency of a particular class" and substitute:
examination for a boat operator's licence

(3)Section 48(2)(b)—delete "the requirements of the regulations appropriate to an applicant for a certificate of competency of that class" and substitute:
any requirements set out in the regulations in relation to the issue of a boat operator's licence

(4)Section 48(2)(c)—delete "certificate of competency of that class" and substitute:
boat operator's licence

(5)Section 48(2)—delete "certificate of competency of that class" last occurring and substitute:
boat operator's licence

(6)Section 48(3)—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(7)Section 48(4)—delete "certificate of competency issued in respect of a recreational vessel (a boat operator's licence)" and substitute:
a boat operator's licence

(8)Section 48(5)—delete "certificate of competency or to hold a certificate of competency of a particular class" and substitute:
a boat operator's licence, or to hold a boat operator's licence

17—Amendment of section 49—Cancellation of boat operator's licence by court
(1)Section 49—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(2)Section 49—delete "such a certificate" and substitute:
a boat operator's licence

18—Amendment of section 50—Cancellation of boat operator's licence by CE
(1)Section 50—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(2)Section 50—delete "Minister" wherever occurring and substitute in each case:
CE

(3)Section 50(1)(b)—delete "certificate" and substitute:
boat operator's licence

(4)Section 50(1)(c)—delete "such a certificate" and substitute:
a qualification equivalent to a boat operator's licence (however described)

(5)Section 50(1)—delete "such a certificate" last occurring and substitute:
a boat operator's licence

(6)Section 50(2)—delete "certificate of competency" and substitute:
boat operator's licence

(7)Section 50(3)—delete "certificate of competency" and substitute:
boat operator's licence

(8)Section 50(3)—delete "certificate" wherever occurring and substitute in each case:
boat operator's licence

19—Amendment of heading to Part 9
Heading to Part 9—delete ", certificates of survey, loadline certificates"
20—Amendment of section 54—Application of Division
(1)Section 54(a)—delete "recreational"
(2)Section 54(b)—delete paragraph (b) and substitute:
and
(b)any other vessel of a class declared by regulation to be a class of vessels to which this Division applies.

21—Amendment of section 55—Registration
(1)Section 55(2), expiation fee provision—delete the expiation fee provision and substitute:
Expiation fee:
(a)if the vessel is registered but not marked in accordance with the regulations—$210;
(b)if the vessel is marked in accordance with the regulations but not registered—$315;
(c)if the vessel is neither registered nor marked in accordance with the regulations—$525.

(2)Section 55(2)—delete "of the vessel, and the master or operator of the vessel," and substitute:
and operator of the vessel

22—Repeal of Part 9 Divisions 2 and 3
Part 9 Divisions 2 and 3—delete Divisions 2 and 3
23—Amendment of section 64A—Application of Division
Section 64A(2)—delete "recreational" wherever occurring
24—Amendment of section 65—General requirements
(1)Section 65(1)(c)—delete "or the conditions of a certificate of survey or loadline certificate"
(2)Section 65(2)—delete "the master or"
(3)Section 65(2), expiation fee provision—delete the expiation fee provision and substitute:
Expiation fee:
(a)if 1 or 2 items of equipment are involved—$105;
(b)if 3 or 4 items of equipment are involved—$210;
(c)if more than 4 items of equipment are involved—$315.

25—Amendment of section 65A—Requirement to have emergency position indicating radio beacon
Section 65A(2)—delete "the master or"
26—Amendment of section 66—Power to prohibit use etc of unsafe vessel
(1)Section 66(1)(c)—delete "or the conditions of a certificate of survey or loadline certificate"
(2)Section 66(1)—delete "order, prohibit the use of the vessel." and substitute:
order, do 1 or more of the following:
(a)prohibit the use of the vessel;
(b)require the vessel to be taken out of the water as soon as is reasonably practicable;
(c)require that the vessel not be returned to the water until any conditions specified in the order have been satisfied.

(3)Section 66(3)—delete "the master" and substitute:
operator

27—Amendment to section 67—Minister's power to act in an emergency
(1)Section 67(2)(b)—delete "master or owner" and substitute:
owner or operator

(2)Section 67—after subsection (4) insert:
(5)This section applies to, or in relation to, an excluded vessel.

28—Substitution of heading to Part 10 Division 2
Heading to Part 10 Division 2—delete the heading and substitute:
Division 2—CE may require survey

29—Amendment of section 68—CE may require survey
Section 68(1)—delete "licensed surveyor nominated by the CEO" and substitute:
surveyor accredited or otherwise recognised under the Marine Safety (Domestic Commercial Vessel) National Law

30—Amendment of section 75—Casualties to be reported
Section 75(3)—delete subsection (3) and substitute:
(3)If a report is not made as required by this section, the owner and operator of the vessel are each guilty of an offence.

Maximum penalty: $2 500.
Expiation fee: $210.

31—Amendment of section 78—Enquiries into casualties
(1)Section 78(3)—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(2)Section 78(3)—delete "or suspend"
32—Amendment of section 79—Enquiries into misconduct or incompetence
(1)Section 79(1)—delete "a member of the crew" and substitute:
the operator, or a member of the crew,

(2)Section 79(3)—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(3)Section 79(3)—delete "or suspend"
33—Amendment of section 80—Review of administrative decisions
(1)Section 80(2)(c)—delete "certificate of competency" and substitute:
boat operator's licence

(2)Section 80(2)(d)—delete "certificate of competency" wherever occurring and substitute in each case:
boat operator's licence

(3)Section 80(2)(e)—delete "certificate of competency" and substitute:
boat operator's licence

(4)Section 80(2)(f)—delete paragraph (f)
(5)Section 80(2)(g)—delete paragraph (g)
(6)Section 80(2)(h)—delete paragraph (h)
(7)Section 80(2)(j)—delete paragraph (j)
34—Amendment of heading to Part 13
Heading to Part 13—delete "Commonwealth Act" and substitute:
Navigation Act 2012

35—Amendment of section 81—Application of Navigation Act 2012
Section 81—delete "Commonwealth Act or specified provisions of the Commonwealth Act" and substitute:
Navigation Act 2012 of the Commonwealth or specified provisions of that Act

36—Amendment of section 82—Agreement between the Commonwealth and the State
Section 82—delete "Commonwealth Act" and substitute:
Navigation Act 2012 of the Commonwealth

37—Amendment of section 83—Exemptions
Section 83(1)—delete "the participants, and any person or class of persons performing incidental or ancillary functions, in any regatta, race, contest or other activity likely to involve the operation of vessels in contravention of this Act" and substitute:
a person

38—Amendment of section 87—Evidentiary provision
Section 87(1)(e)—after "loadline certificate" insert:
issued under the Act before the commencement of the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013

39—Amendment of section 90—Fees and charges to be paid into separate fund
Section 90(1)—delete "recreational"
40—Insertion of section 90AA
After section 90 insert:
90AA—Facilities levy
(1)This section applies to all vessels (other than a vessel, or vessels of a class, declared by the regulations to be exempt from operation of this section).
(2)A levy (the Facilities levy) is imposed for the purpose of providing a source of revenue to establish, maintain and improve facilities used by vessels in this State.
(3)The facilities levy is payable by the owner of a vessel to which this section applies—
(a)in the case of a vessel that is required to be registered under this Act—on registration of the vessel; or
(b)in any other case—on or before the date fixed by the CE for the purposes of this subsection.

(4)If 2 or more persons own a vessel, the owners are jointly and severally liable for the facilities levy in respect of the vessel.
(5)The amount of the facilities levy is to be fixed by the regulations, and may vary according to—
(a)the length of the vessel; or
(b)the use of the vessel; or
(c)any other prescribed factor.

(6)The CE may recover the amount of an unpaid facilities levy as a debt from a person liable to pay the amount under this section.
(7)If 2 or more persons are jointly or severally liable to pay a facilities levy, the CE may recover the whole of the levy from them, or any of them, or any 1 of them.
(8)A certificate of registration will not be issued for a vessel until any levy payable under this section is paid.

41—Amendment of section 90A—Facilities Fund
(1)Section 90A(3)(a)—delete "the regulations on the registration, inspection or survey of vessels" and substitute:
section 90AA

(2)Section 90A(4)—delete subsection (4)
42—Substitution of section 91
Section 91—delete the section and substitute:
91—Regulations
(1)The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
(2)Without limiting the generality of subsection (1), those regulations may make provision for or relating to—
(a)exemptions (conditional or unconditional) from specified provisions of this Act; and
(b)fees and charges in respect of any matter under this Act and their payment, recovery or waiver; and
(c)fines, not exceeding $5 000, for offences against the regulations; and
(d)expiation fees for alleged offences against the regulations; and
(e)facilitation of proof of the commission of offences against the regulations.

(3)The regulations may—
(a)be of general application or vary in their application according to prescribed factors;
(b)provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the CE or other specified person or body;
(c)make provisions of a saving or transitional nature consequent upon—
(i)the enactment of, or amendments to, the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth or the Marine Safety (Domestic Commercial Vessel) National Law;
(ii)the making of, or variations to, the regulations made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth or the Marine Safety (Domestic Commercial Vessel) National Law.

(4)The regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.
(5)If a code, standard or other document is referred to or incorporated in the regulations—
(a)a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and
(b)evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.

Part 3—Transitional provision
43—Transitional provision
A certificate of competency of a class appropriate to operate a recreational vessel (a boat operator's licence) in force under the Harbors and Navigation Act 1993 immediately before the commencement of this Act, continues in force subject to that Act (as amended by this Act) as if it were a boat operator's licence issued under that Act (as amended by this Act).

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act

Year No Title Assent Commencement

2013 21 Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 14.6.2013 1.7.2013 (Gazette 27.6.2013 p2780)

Year	No	Title	Assent	Commencement
2013	21	Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013	14.6.2013	1.7.2013 (Gazette 27.6.2013 p2780)