Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014

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Legislation au C2014A00118 In force Act

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No. 118, 2014

An Act to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—General amendments

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014

No. 118, 2014

An Act to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, and for related purposes

[Assented to 20 November 2014]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014.

2 Commencement

This Act commences on the day this Act receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—General amendments

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

1 Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law (definition of defence vessel)

Repeal the definition, substitute:

defence vessel means:

(a) a warship or other vessel that:

(i) is operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and

(ii) is under the command of a member of the Australian Defence Force or of a member of the armed forces of the foreign country; and

(iii) bears external marks of nationality; and

(iv) is manned by seafarers under armed forces discipline; or

(b) a Government vessel that is used only on government non‑commercial service as a naval auxiliary.

2 Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

Government vessel has the same meaning as in the Navigation Act 2012.

3 After paragraph 10(c) of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

(ca) to survey vessels and deal with matters relating to the survey of vessels by accredited surveyors;

4 Subsection 11(3) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit all the words after “that power or function”, substitute:

to an officer or employee (the sub‑delegate) of:

(a) if the delegate is an officer or employee of an agency of the Commonwealth—that agency; or

(b) if the delegate is an officer or employee of an agency of a State—an agency of that State; or

(c) if the delegate is an officer or employee of an agency of the Northern Territory—an agency of the Northern Territory.

5 Subsection 40(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(2) The National Regulator may vary a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that:

(a) the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met; and

(b) it is desirable to do so, having regard to the objects of this Law.

6 Subsection 41(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(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 for the purpose of:

(a) protecting human life; or

(b) securing the safe navigation of vessels; or

(2A) The National Regulator may suspend a certificate of survey on the National Regulator’s initiative for a purpose prescribed by the regulations.

7 Subsection 42(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(2) The National Regulator may revoke a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that:

(a) the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met; and

(b) it is desirable to do so, having regard to the objects of this Law.

8 Subsection 50(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(2) The National Regulator may vary a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that:

(a) the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met; and

(b) it is desirable to do so, having regard to the objects of this Law.

9 Subsection 51(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(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 for the purpose of:

(a) protecting human life; or

(b) securing the safe navigation of vessels; or

(2A) The National Regulator may suspend a certificate of operation on the National Regulator’s initiative for a purpose prescribed by the regulations.

10 Subsection 51(4) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “subparagraph”, substitute “subsection”.

11 Subsection 52(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(2) The National Regulator may revoke a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that:

(a) the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met; and

(b) it is desirable to do so, having regard to the objects of this Law.

12 Subsection 62(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(2) The National Regulator may vary a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that:

(a) the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met; and

(b) it is desirable to do so, having regard to the objects of this Law.

13 Subsection 63(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(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 for the purpose of:

(a) protecting human life; or

(b) securing the safe navigation of vessels; or

(2A) The National Regulator may suspend a certificate of competency on the National Regulator’s initiative for a purpose prescribed by the regulations.

14 Subsection 63(4) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “subparagraph”, substitute “subsection”.

15 Subsection 64(2) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection, substitute:

(2) The National Regulator may revoke a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that:

(a) the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met; and

(b) it is desirable to do so, having regard to the objects of this Law.

16 Section 72 of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “41(2)(b), 51(2)(b) or 63(2)(b)”, substitute “41(2A), 51(2A) or 63(2A)”.

17 Paragraph 104(2)(h) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “, (6) and (7)”, substitute “and (6)”.

18 Section 139 of the Marine Safety (Domestic Commercial Vessel) National Law

Before “The”, insert “(1)”.

19 At the end of subparagraphs 139(a)(ii) and (iii) of the Marine Safety (Domestic Commercial Vessel) National Law

Add “or (2)”.

20 At the end of subparagraphs 139(g)(i), (ii) and (iii) of the Marine Safety (Domestic Commercial Vessel) National Law

Add “or (2A)”.

21 At the end of subparagraphs 139(i)(ii) and (iii) of the Marine Safety (Domestic Commercial Vessel) National Law

Add “or (3)”.

22 Paragraphs 139(m), (n) and (o) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the paragraphs.

23 At the end of section 139 of the Marine Safety (Domestic Commercial Vessel) National Law

Add:

(2) The following decisions of a marine safety inspector are reviewable decisions:

(a) to detain a vessel under section 101(1);

(b) to issue an improvement notice under section 110(1);

24 Subsection 140(1) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “The National Regulator must, as soon as practicable after a reviewable decision is made in relation to a person, give a written notice”, substitute “As soon as practicable after a reviewable decision is made in relation to a person, a written notice must be given”.

25 Subsection 140(4) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “Regulator” (second occurring), substitute “Regulator’s”.

26 After subsection 159(5) of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

(5A) The regulations may make provision for and in relation to the conduct of the survey of vessels.

[Minister’s second reading speech made in—

House of Representatives on 16 July 2014

Senate on 25 September 2014]

(161/14)

Overview

The Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014 was enacted by the Parliament of Australia to address deficiencies and update certain provisions of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. The primary objective of this amendment is to ensure that the regulatory framework governing the safety of domestic commercial vessels in Australian waters remains robust, effective, and aligned with contemporary safety standards and practices. The Act introduces various amendments to improve the clarity, scope, and enforcement mechanisms within the original legislation, thereby enhancing the overall safety and compliance of domestic commercial vessels. This amendment was necessary to address identified gaps in the regulatory framework, such as the need for clearer definitions, the expansion of regulatory powers, and the introduction of specific provisions for the review of certain decisions made by marine safety inspectors. By updating and refining the existing legislation, the Act aims to better protect human life, secure the safe navigation of vessels, and mitigate environmental risks associated with domestic commercial maritime activities.

Scope and Application

The Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014 amends the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, extending and clarifying the regulatory framework for domestic commercial vessels in Australia. The Act applies to all persons, including natural persons and legal entities, who own, operate, or manage domestic commercial vessels, as well as to the activities and transactions associated with these vessels. The geographic scope of this legislation is national, encompassing all states and territories within Australia. It provides for a unified approach to marine safety regulations across the country, ensuring consistent standards and practices. The Act extends the powers of the National Regulator to include the ability to vary, suspend, and revoke certificates of survey, operation, and competency on the Regulator's initiative, subject to specific criteria and considerations. Additionally, the Act introduces new reviewable decisions, such as the detention of vessels, the issuance of improvement and prohibition notices by marine safety inspectors. The Act also makes technical amendments to various sections, clarifying definitions and regulatory functions. There are no specific exclusions or thresholds mentioned in the text, but the application of the Act can be further defined through subordinate regulations, which may specify additional details or exceptions.

Key Provisions

The Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014 (C2014A00118) amends the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 by modifying definitions, powers, and procedural aspects of vessel certification and inspections. Firstly, Section 6 of the Act redefines "defence vessel" to clarify its application to vessels operated for naval or military purposes by the Australian Defence Force or foreign armed forces, and it introduces "Government vessel" with the same meaning as in the Navigation Act 2012 (items 1 and 2 of Schedule 1). Additionally, it expands the powers of marine safety inspectors to include surveying vessels and managing surveyor-related matters (item 3 of Schedule 1). Furthermore, it alters the delegation of powers to ensure they are transferred to appropriate officers or employees of relevant agencies (item 4 of Schedule 1). The Act imposes specific obligations on parties, such as ensuring that marine safety inspectors possess the necessary powers to conduct surveys and manage surveyor-related issues. Additionally, it mandates that the National Regulator can vary, suspend, or revoke certificates of survey, operation, or competency under certain conditions and for specific purposes (items 5 to 15 of Schedule 1). Inspectors must also give written notice to individuals when a reviewable decision is made concerning them (item 24 of Schedule 1). The regulations may now include provisions for the conduct of vessel surveys (item 26 of Schedule 1). The Act also outlines the potential consequences for non-compliance with its provisions. While the specific offences, penalties, or consequences are not detailed within the text, it can be inferred that breaches of the amended provisions could lead to regulatory actions such as fines, suspension, or revocation of vessel certificates. The exact penalties would be defined within the regulations made under the Act.

Area of Law: Maritime Law
Instrument: Amending Act
Concepts: Commencement Provisions; Regulatory Standards; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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