Navigation Amendment Act 2025
No. 2, 2025
An Act to amend the Navigation Act 2012, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Navigation Act 2012
Navigation Amendment Act 2025
No. 2, 2025
An Act to amend the Navigation Act 2012, and for related purposes
[Assented to 14 February 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Navigation Amendment Act 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 15 February 2025 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Navigation Act 2012
1 Subsection 14(1)
Insert:
industrial personnel has the same meaning as in the Safety Convention.
industrial personnel vessel means a vessel that is prescribed by the regulations for the purposes of this definition.
2 Subsection 14(1) (at the end of the definition of passenger)
Add:
; or (e) if the vessel is an industrial personnel vessel—industrial personnel on board the vessel.
3 Subsection 14(1) (after paragraph (d) of the definition of seafarer)
Insert:
(da) if the vessel is an industrial personnel vessel—industrial personnel on board the vessel;
4 Sections 124, 129, 146, 175 and 180 (note)
Repeal the note.
5 Paragraph 315(1)(b)
Omit “subsection 247(1)”, substitute “subsection 248(1)”.
6 After paragraph 339(2)(j)
Insert:
(ja) industrial personnel vessels;
[Minister’s second reading speech made in—
House of Representatives on 6 November 2024
Senate on 4 February 2025]
Overview
The Navigation Amendment Act 2025 was enacted by the Parliament of Australia to amend the Navigation Act 2012, with a view to address specific issues within Australia's maritime regulations. The Act was assented to on 14 February 2025 and came into effect the day after. This amendment aims to clarify and expand the definitions and regulatory scope concerning industrial personnel vessels, ensuring that the legislative framework accommodates the evolving nature of maritime operations and workforce requirements. By refining the definitions of terms such as "industrial personnel" and "industrial personnel vessel," the Act seeks to better align with international safety conventions and ensure the safety and operational efficacy of vessels engaged in industrial operations.
The policy objective underpinning the Navigation Amendment Act 2025 is to enhance maritime safety and regulatory compliance by providing clearer definitions and adjusting specific sections of the Navigation Act 2012. The Act addresses gaps in the existing legislation by updating references and removing outdated notes, thereby ensuring that the maritime industry operates within a modernised and internationally recognised regulatory environment. This legislative effort reflects a commitment to maintaining high safety standards and operational clarity within Australia's maritime sector.
Scope and Application
The Navigation Amendment Act 2025 amends the Navigation Act 2012 to introduce and modify certain definitions and provisions concerning vessels and personnel, particularly those involved in industrial operations. This Act applies to all persons and entities engaged in maritime activities within Australia's jurisdictional waters, including those operating industrial personnel vessels. These vessels are specifically defined in the amended Act as those prescribed by regulations for carrying industrial personnel. The geographic reach of the Act is national, applying across all Commonwealth, state, and territory waters within Australia, ensuring a unified regulatory framework for maritime activities. The Act does not specify exclusions or exemptions but modifies existing definitions and provisions, thereby extending the application of maritime regulations to industrial personnel vessels and their operations. The Act also repeals certain notes in specified sections and adjusts references to ensure consistency and clarity within the legislative framework.
Key Provisions
The Navigation Amendment Act 2025 makes several key amendments to the Navigation Act 2012. Firstly, it redefines terms related to "industrial personnel" and "industrial personnel vessel" (sections 14(1)). "Industrial personnel" is given the same meaning as it has in the Safety Convention, and "industrial personnel vessel" is defined as a vessel prescribed by regulations for these purposes. Additionally, the definitions of "passenger" and "seafarer" are expanded to include industrial personnel on board vessels that fall under this category (sections 14(1) additions).
The Act imposes specific obligations on entities and individuals associated with industrial personnel vessels. These include ensuring compliance with the newly defined terms and adhering to the regulations that prescribe vessels as industrial personnel vessels. The Act also repeals certain notes in sections 124, 129, 146, 175, and 180, which may have implications for how these sections are interpreted and enforced (section 14(1) additions and section notes).
Failure to comply with the provisions of the Navigation Amendment Act 2025 may result in significant consequences. The Act does not explicitly state penalties for non-compliance, but breaches could potentially lead to civil or criminal penalties under the Navigation Act 2012 or related maritime legislation. The specific penalties would depend on the nature and severity of the breach, with potential outcomes including fines, imprisonment, or both. The maximum penalties would be determined in accordance with the broader maritime regulatory framework in Australia.