Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00970 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued under the authority of the Minister for Infrastructure and Transport

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013

 

The purpose of the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013 (the Declaration) is to declare that the laws listed in section 4 of the Declaration are corresponding State-Territory law.

 

Background

The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law Act) is a component of the national transport reform package, which is intended to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries.

The National Law Act introduces a new National Law for the regulation of domestic commercial vessel safety and establishes a National Marine Safety Regulator (the National Regulator).

The National Law Act will apply the Marine Safety (Domestic Commercial Vessel) National Law (the National Law) set out at Schedule 1 to the National Law Act as Commonwealth law to the extent of its Commonwealth constitutional power.  The States and the Northern Territory have also passed laws applying the National Law as a law of their respective jurisdictions to cover the 'gap' in constitutional power so that a uniform national law regulates marine safety aspects of domestic commercial vessels.  

 

The policy basis for the National Law derives from the Council of Australian Governments Inter-Governmental Agreement (IGA) on Commercial Vessel Safety Reforms, signed on 19 August 2011. The IGA also determined that the Australian Maritime Safety Authority will be the National Regulator.

 

Further details of the Declaration are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Declaration may be exercised.

 

The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Office of Best Practice Regulation was consulted in the development of this Declaration and a Regulation Impact Statement exemption was granted on

2 May 2013 (reference 14031).

 

The proposed Declaration commences on 1 July 2013, to coincide with the commencement of the Act.

Consultation

Consultation has been undertaken on the development of this Declaration with the States and the Northern Territory through the Maritime Agencies Forum which represents the agencies that will be responsible for implementing the National Law as delegates of the National Regulator. Further consultation was not considered necessary as this Declaration is largely administrative in character and does not affect the policy to be implemented by the National Law.

 

 Authority: Subsection 12(1) of the

         Marine Safety (Domestic

         Commercial Vessel)  

   National Law Act 2012

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Declaration is to declare the laws set out at section 4 to be corresponding State-Territory law under subsection 12(1) of the National Law Act.

The Declaration is an operational tool to enliven sections 13 to 16 of the National Law Act. These sections provide for the interaction between the National Law Act and the State and Northern Territory laws, listed at section 4 of the Declaration.

The National Law Act is a component of the national transport reform package, which is intended to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries.

The National Law Act introduces a new National Law for the regulation of domestic commercial vessel safety and establishes a National Marine Safety Regulator (the National Regulator).

The National Law Act will apply the Marine Safety (Domestic Commercial Vessel) National Law (the National Law) set out at Schedule 1 to the National Law Act as Commonwealth law to the extent of its Commonwealth constitutional power.  The States and the Northern Territory have also passed laws applying the National Law as a law of their respective jurisdictions to cover the 'gap' in constitutional power so that a uniform national law regulates marine safety aspects of domestic commercial vessels.  

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Minister for Infrastructure and Transport, the Hon Anthony Albanese MP 

         ATTACHMENT

Details of the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013

 

Section 1 – Name of Declaration

Section 1 sets out the title of the Declaration which is the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013.

 

Section 2 – Commencement

Section 2 provides for the Declaration to commence on 1 July 2013, to coincide with the commencement of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

 

Section 3 Definitions

Section 3 provides for defined terms to be used in the Declaration and gives a shortened reference to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

 

Section 4Declaration

Section 4 sets out the corresponding State-Territory law for the purposes of subsection 12(1) of the National Law Act.

The Declaration will enliven sections 13 to 16 of the National Law Act. These sections provide for the interaction between the National Law Act and the State and Northern Territory laws set out in the table.

The Declaration does not yet include laws for Queensland or Western Australia as they have not yet introduced application legislation. The Australian Maritime Safety Authority is working separately with those States to provide for administration of the National Law until their application legislation is made.

 

 

 

Overview

The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013 was issued under the authority of the Minister for Infrastructure and Transport and is a legislative instrument designed to complement the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. The primary objective of this Act is to establish a uniform national law regulating the marine safety aspects of domestic commercial vessels, thereby improving safety and reducing the regulatory burden and costs within Australia's rail, heavy vehicle, and maritime industries. The Act was enacted by the Parliament of Australia as part of a national transport reform package and aims to create a cohesive regulatory framework across all states and territories. The Declaration itself serves to specify which state and territory laws are considered corresponding State-Territory law under the Act, facilitating the uniform application of the National Law across jurisdictions. The policy basis for this legislation is grounded in the Council of Australian Governments Inter-Governmental Agreement on Commercial Vessel Safety Reforms, signed in 2011, which also designates the Australian Maritime Safety Authority as the National Marine Safety Regulator.

Scope and Application

The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013 is an instrument that declares specific laws of certain Australian states and territories as corresponding State-Territory law under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. This Act is part of a broader national transport reform package aimed at improving safety and reducing regulatory burdens and costs in the Australian rail, heavy vehicle, and maritime industries. The Declaration ensures that the National Law, which governs the safety of domestic commercial vessels, is applied uniformly across Australia by establishing a National Marine Safety Regulator. The States and the Northern Territory have enacted legislation to apply the National Law as their law, thereby covering any constitutional gaps and ensuring nationwide uniformity. The Declaration commences on 1 July 2013, aligning with the start date of the National Law Act, and lists the corresponding laws from various jurisdictions, excluding Queensland and Western Australia, which are in the process of enacting their own application legislation.

Key Provisions

The main operative sections of the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013 (the Declaration) are set out in section 4, which lists the corresponding State-Territory law. This section is crucial as it identifies the specific laws of each state and territory that align with the National Law, enabling a uniform approach to marine safety regulation across Australia. The Declaration also specifies the commencement date of the laws in section 2, which is 1 July 2013, to synchronise with the commencement of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. The obligations and requirements imposed by the Declaration on the parties it governs are primarily concerned with ensuring that the corresponding State-Territory laws align with the National Law. This includes ensuring that the laws provide for the same regulatory framework and safety standards as outlined in the National Law. The Declaration also mandates that the corresponding laws must be passed and enforced by each state and territory to cover the 'gap' in constitutional power, thereby facilitating a consistent application of marine safety regulations across Australia. In terms of offences, penalties, or civil/criminal consequences for breach, the Declaration itself does not specify any penalties or consequences. However, the National Law Act 2012, which the Declaration supports, does include provisions for penalties and enforcement measures. For instance, the Act may include provisions for fines, imprisonment, or other penalties for non-compliance with marine safety regulations. The exact penalties would be detailed in the relevant State-Territory laws that are declared as corresponding law under this Declaration. The maximum penalties could vary depending on the severity of the breach and the specific laws of each jurisdiction.

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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.