Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2024

Overview

The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory Law) Declaration 2024 was introduced to amend and replace the 2023 Declaration, providing updated information on the specific state and territory laws that correspond to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. This legislative instrument was enacted by the Australian Parliament and aims to maintain a coherent and updated regulatory framework for the domestic commercial vessel industry across Australia, ensuring alignment with the National Law Act. The primary objective of the Declaration is to specify the relevant state and territory laws for the purposes of certain sections of the National Law Act, facilitating the interaction between the national and state/territory laws. This update includes the addition of the Western Australian legislation, the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023, which was enacted subsequent to the 2023 Declaration. The Declaration was developed with input from relevant state and territory agencies and was subject to a Regulation Impact Statement exemption granted by the Office of Impact Assessment. The instrument is compatible with human rights as it does not raise any human rights issues, as stated in the Statement of Compatibility with Human Rights prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative instrument aims to ensure that the regulatory framework remains consistent and effective in promoting safety and reducing regulatory burdens and costs within the maritime industry.

Scope and Application

The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory Law) Declaration 2024 applies to the regulation of domestic commercial vessel safety across Australia, providing a uniform approach under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. This Declaration, made under subsection 12(1) of the National Law Act, specifies the state and territory laws that correspond to the national legislation, thereby facilitating the interaction between the National Law and the laws of each jurisdiction. The purpose of this Declaration is to ensure that the National Law Act operates in conjunction with the relevant state and territory laws, which include the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 of Western Australia, among others. The Declaration has a national jurisdictional reach, affecting all states and territories in Australia and ensuring that the domestic commercial vessel industry adheres to a cohesive regulatory framework. The instrument does not contain specific exclusions or exemptions, but its application may be extended or restricted through subordinate instruments as necessary. This legislative instrument was developed in consultation with relevant state and territory agencies and is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2024 (the Declaration) sets out the specific state or territory laws that correspond to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law Act). This is established in section 6 of the Declaration, which provides a table listing the relevant laws for each jurisdiction, including the new Western Australian legislation, the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023. This section ensures that the National Law Act interacts correctly with the corresponding state and territory laws, as outlined in sections 11 to 16 of the National Law Act. The Declaration imposes obligations on state and territory agencies to ensure that their domestic commercial vessel regulations align with the national framework provided by the National Law Act. This includes the requirement for state and territory laws to be listed in the Declaration as corresponding laws, as per section 6. Furthermore, the Declaration requires that any amendments to these state and territory laws be communicated to the relevant authorities so that the Declaration can be updated accordingly. This ensures consistency and uniformity in the regulation of the domestic commercial vessel industry across Australia. In terms of penalties and consequences, the Declaration itself does not impose any direct penalties or consequences for non-compliance. However, non-compliance with the National Law Act or the corresponding state and territory laws could lead to enforcement actions by the National Marine Safety Regulator or relevant state and territory authorities. Penalties for breaches of the National Law Act may include fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as potential imprisonment terms. Similar penalties may apply for breaches of corresponding state and territory laws, as outlined in their respective legislation. The Declaration is made under the authority of subsection 12(1) of the National Law Act and is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It was developed in consultation with the Office of Impact Assessment, which granted an exemption from the Regulation Impact Statement process on 20 November 2023. This ensures that the Declaration complies with the legislative requirements and has undergone appropriate scrutiny. The Statement of Compatibility with Human Rights confirms that the Declaration is compatible with human rights, as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.