{"id":"marine-act-1981","name":"Marine Act 1981","slug":"marine-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30336,"registerId":"nt-marine-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Marine Act 1981.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe several sections of this Act shall come into operation on such\ndates as are respectively fixed by the Administrator by notice in the\nGazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\n(1) The Acts of South Australia listed in Part I of Schedule 1 shall, to\nthe extent therein indicted, cease to apply as laws of the Territory.\n(2) The Ordinances listed in Part II of Schedule 1 are repealed to the\nextent therein indicated.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Savings and transitional","content":"4 Savings and transitional\n(1) Those sections of the Marine Board and Navigation Act, 1881 of\nthe State of South Australia which continue to apply to the Territory\nare amended in their application to the Territory, as set out in\nSchedule 2.\n(2) Notwithstanding anything in this Act, a person who, immediately\nbefore the date of commencement of Division 2 of Part 4, was the\nowner of a fishing vessel shall be entitled to use or operate that\nfishing vessel without obtaining a certificate of survey in respect of\nthat vessel:\n(a) for the period of 12 months beginning on that date; and\n\nMarine Act 1981 2\n(b) if before the expiration of that period the person applies for a\ncertificate of survey under this Act in respect of that vessel,\nuntil the certificate of survey is issued, or finally refused, or the\napplication is withdrawn.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"5 Act to bind Crown\nThis Act binds the Crown in right of the Territory.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application","content":"6 Application\nUnless the contrary intention appears, this Act does not apply to or\nin relation to a vessel belonging to an arm of a Defence Force\nreferred to in Division 1 of Part III of the Defence Act 1903 (Cth) or\nthe military, naval or air force of any other country.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation","content":"7 Interpretation\n(1) In this Act:\nadvisory committee means an advisory committee established\nunder Part 2, Division 3.\nair-cushioned vehicle means a vehicle designed to be supported,\nwhen in motion, wholly or partly by the air expelled from the vehicle\nforming a cushion, the boundaries of which include the water or\nother surface below the vehicle.\nappointed pilotage services provider, see section 181A.\ncertificate means any of the following:\n(a) a certificate of operation issued under section 48 of the\nMarine Safety National Law;\n(b) a certificate of survey;\n(c) a certificate of competency;\n(d) a certificate recognised under section 73 of the Marine Safety\ncertificate of competency means a certificate of competency\nissued under section 60 of the Marine Safety National Law.\ncertificate of survey means a certificate of survey issued under\nsection 38 of the Marine Safety National Law and, in the case of a\nvessel that is being towed, includes a towage permit issued under\nthe Regulations.\n\nMarine Act 1981 3\ncrew, in relation to a vessel, means those persons employed on\nboard and in the business of a vessel, other than:\n(a) a person temporarily employed on board the vessel while the\nvessel is at a port; or\n(b) a pilot; or\n(c) in the case of a fishing vessel, a person solely engaged in\ncatching or processing fish.\ndangerous goods means goods listed as dangerous goods in the\nInternational Maritime Dangerous Goods Code, published by the\nInternational Maritime Organisation, as amended from time to time.\ndesignated port, see section 3 of the Ports Management\nAct 2015.\nDirector means the Chief Executive Officer, as defined in the\nPublic Sector Employment and Management Act 1993, of the\nAgency as defined in that Act primarily responsible under the\nMinister for the administration of this Act.\ndomestic commercial vessel, see section 7 of the Marine Safety\nfish includes turtles, dugong, crustacea, molluscs and any other\nliving resources of the sea or the seabed.\nfishing operations means:\n(a) taking, catching or capturing fish for trading or manufacturing\npurposes; or\n(b) processing (including on land) or carrying fish that are taken,\ncaught or captured.\nfishing vessel means a vessel that is used wholly or principally for\nfishing operations and includes:\n(a) a vessel that is used:\n(i) to provide food, fuel and other supplies to persons who\nare engaged in fishing operations; or\n(ii) to transport crew and other persons who are engaged in\nfishing operations; and\n(b) a vessel that is in the course of construction and is intended\nto be used wholly or principally for fishing operations.\n\nMarine Act 1981 4\nhire-and-drive vessel means a vessel which is let for hire or\nreward or for any other consideration whatsoever, including vessels\nprovided in conjunction with holiday establishments or hotels for the\nuse of guests or tenants, and which the hirer uses solely for\npleasure.\nland includes land covered by water.\nmarine incident means any of the following:\n(a) the death of a person associated with the operation or\nnavigation of a vessel;\n(b) an injury to a person associated with the operation or\nnavigation of a vessel that requires or results in treatment by a\nmedical practitioner;\n(c) the loss or presumed loss of a vessel;\n(d) a collision of a vessel with another vessel;\n(e) a collision by a vessel with an object;\n(f) the grounding, sinking, flooding or capsizing of a vessel;\n(g) a fire on board a vessel;\n(h) a loss of stability of a vessel that affects the safety of the\nvessel;\n(i) the structural failure of a vessel;\n(j) a situation in which vessels pass each other, or a vessel\npasses another vessel, a person or an object, in such\nproximity that a reasonable person would conclude that in all\nthe circumstances there was a risk of an imminent collision;\n(k) an event that results in, or could have resulted in:\n(i) the death of, or an injury of a kind mentioned in\nparagraph (b) to, a person on board a vessel; or\n(ii) the loss of a person from a vessel; or\n(iii) a vessel becoming disabled and requiring assistance;\n(l) the fouling or damaging by a vessel of:\n(i) any pipeline or submarine cable; or\n\nMarine Act 1981 5\n(ii) an aid to navigation as defined in section 14(1) of the\nNavigation Act 2012 (Cth);\n(m) a prescribed incident involving a vessel.\nMarine Safety National Law means the Marine Safety (Domestic\nCommercial Vessel) National Law (Cth) (being provisions applying\nas a law of the Commonwealth because of section 4 of the Marine\nSafety (Domestic Commercial Vessel) National Law Act 2012\n(Cth)).\nmaster, in relation to a vessel, means the person having lawful\ncommand or charge of the vessel, but does not include a pilot.\nMinisterial Council means a body (however described) that\nconsists of the Minister of the Commonwealth, and the Minister of\neach State and Territory, who is responsible, or principally\nresponsible, for matters relating to transport.\nNorthern Territory waters means:\n(a) the coastal waters of the Territory, within the meaning of the\nCoastal Waters (Northern Territory Powers) Act 1980 (Cth);\nand\n(b) any other waters that are within the Territory (whether tidal or\nnon-tidal, saltwater or fresh, permanent or temporary or\nnatural or artificial).\noff-shore industry mobile unit means:\n(a) a vessel that is used or intended to be used wholly or primarily\nin an operation or activity associated with or incidental to,\nexploring or exploiting the natural resources of:\n(i) the continental shelf of Australia; or\n(ii) the seabed of the Australian coastal sea; or\n(iii) the subsoil of that seabed;\nby drilling the seabed or its subsoil with equipment on or\nforming part of the vessel or by obtaining substantial\nquantities of material from the seabed or its subsoil with such\nequipment;\n(b) a structure (not being a vessel) that:\n(i) is able to float or be floated; and\n\nMarine Act 1981 6\n(ii) is able to move or be moved as an entity from one place\nto another; and\n(iii) is used or intended for use wholly or primarily in, or in an\noperation or activity associated with or incidental to,\nexploring or exploiting the natural resources of:\n(A) the continental shelf of Australia; or\n(B) the seabed of the Australian coastal sea; or\n(C) the subsoil of that seabed;\nby drilling the seabed or its subsoil with equipment on or\nforming part of the structure or by obtaining substantial\nquantities of material from the seabed or its subsoil with\nsuch equipment; or\n(c) a barge or like vessel fitted with living quarters for more than\n12 persons and used or intended for use wholly or primarily in\nconnection with the construction, maintenance or repair of\noff-shore industry fixed structures.\noff-shore industry vessel means:\n(a) a vessel (not being an off-shore industry mobile unit) that is\nused or intended to be used wholly or primarily in, or in an\noperation or activity associated with or incidental to, exploring\nor exploiting the natural resources of:\n(i) the continental shelf of Australia; or\n(ii) the seabed of the Australian coastal sea; or\n(iii) the subsoil of that seabed; or\n(b) any other vessel (not being an off-shore industry mobile unit,\nor a vessel, or a vessel included in a class of vessels,\ndeclared by the Minister, by instrument in writing, to be a\nvessel or a class of vessels, as the case requires, to which\nthis paragraph does not apply) at any time when it is being so\nused.\npassenger means a person carried on board a vessel with the\nknowledge or consent of the owner or the master of the vessel but\ndoes not include:\n(a) a person engaged in any capacity on board the vessel in the\nbusiness of the vessel; or\n\nMarine Act 1981 7\n(b) a child under the age of 12 months.\npleasure craft means a vessel that is:\n(a) exclusively used for pleasure; and\n(b) not used for hire or reward or any commercial purpose;\nbut does not include a vessel that is provided for the transport or\nentertainment of lodgers at an institution, hotel, private hotel,\nboarding-house, lodging-house, guest-house or other\nestablishment.\nPort of Darwin means the area of water and land constituting the\nPort of Darwin comprised within the boundaries declared under\nsection 7 of the Ports Management Act 2015.\nrecreational vessel means:\n(a) a pleasure craft; or\n(b) a hire-and-drive vessel used solely for pleasure.\nregulated Australian vessel, see section 6 of the Navigation\nAct 2012 (Cth).\nseaman, in relation to a vessel, means a person who is a member\nof the crew.\nship includes every description of vessel used in navigation not\npropelled by oars.\nshipping inspector means a shipping inspector appointed under\nsection 8.\nTribunal means the Civil and Administrative Tribunal.\nUniform Shipping Laws Code, see section 6 of the Marine Safety\nunsafe ship, for Part 4, Division 4, see section 96.\nvessel, see section 8 of the Marine Safety National Law.\n(2) A reference in this Act to a class of vessels is a reference to a class\nof vessels so classified by the Regulations.\n\nMarine Act 1981 8\n(3) For the purposes of this Act, a vessel which has been got under\nway for the purpose of:\n(a) transporting by water goods or passengers for fee or reward\nor carrying out a commercial marine operation; or\n(b) going to sea or plying or running; or\n(c) proceeding on a voyage; or\n(d) if the vessel is an off-shore industry vessel – undertaking\noff-shore operations;\nis a vessel which has been taken or sent to sea or gone or\nproceeded to sea or is proceeding on a voyage.\n(4) For the purposes of this Act, a vessel is proceeding on a voyage\nfrom the time it is got under way for the purpose of proceeding on\nthe voyage until the time it is got under way for the purpose of\nproceeding on another voyage.\n(5) For the purposes of this Act, the length of a vessel is to be\nmeasured as far as is practicable in accordance with the guidance\nfor measuring contained in the Uniform Shipping Laws Code.\n(6) Unless the contrary intention appears, a reference in this Act to the\nowner of a vessel is, in the case of a vessel that is operated or\nmanaged by a person other than the owner, to be read as including\na reference to the operator or manager of the vessel.\n(7) For the purposes of this Act, the gross tonnage of a vessel is to be\ndetermined in accordance with the Tonnage Measurement\nConvention as defined in the Navigation Act 2012 (Cth.).\n","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Application of Criminal Code","content":"7A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nMarine Act 1981 9\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Shipping inspectors","content":"8 Shipping inspectors\n(1) The Minister may, by instrument in writing, appoint a person to be a\nshipping inspector for the purposes of this Act.\n(2) The Director may, by instrument in writing, require a shipping\ninspector to report to the Director:\n(a) upon the nature or cause of an accident or damage to a\nvessel; or\n(b) as to whether or not this Act or a regulation under this Act has\nbeen complied with; or\n(c) as to whether or not a vessel is fit to proceed to sea without\nserious danger to human life.\n(3) If a shipping inspector is required to report under subsection (2) or\nbelieves on reasonable grounds that a vessel was used, is being\nused or is about to be used in the commission of an offence\nagainst this Act, the shipping inspector may:\n(a) go on board a vessel, including a vessel under construction,\nand inspect the vessel or its equipment or any part thereof,\nany cargo or articles on board and any document carried in or\non the vessel pursuant to this Act; and\n(b) enter premises and make such examination and investigation\nand require the production of such books and documents as\nthe shipping inspector considers necessary for the\nperformance of the shipping inspector's duty; and\n(c) require the owner of a vessel or a seaman on a vessel to\nproduce a document in the possession or control of that\nperson relating to the crew; and\n(d) require the master of a vessel to produce a list of all persons\non board; and\n(e) require the master of a vessel to muster the crew of the\nvessel; and\n(f) require the master of a vessel to give an explanation of any\nmatter concerning the vessel or its crew; and\n\nMarine Act 1981 10\n(g) detain or delay a vessel in order to obtain any advice,\ninformation or evidence.\n(4) A shipping inspector must not exercise any power under\nsubsection (3) so that the vessel is unreasonably detained or\ndelayed.\n(5) The Director must issue to each shipping inspector an identification\ncard containing:\n(a) a photograph of the inspector and the signature of the\ninspector, verified by the signature of the Director; and\n(b) any limitations in the instrument of appointment of the\ninspector.\n(6) Before a shipping inspector enters any premises, boards a vessel\nor makes a requirement of a person under subsection (3), the\nshipping inspector must produce the shipping inspector's\nidentification card to that person.\n","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Police to have powers of shipping inspector","content":"8A Police to have powers of shipping inspector\nA police officer has the powers and functions of a shipping\ninspector under this Act.\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Advisory committees","content":"15 Advisory committees\nThe Minister may, by instrument in writing, establish such advisory\ncommittees, and with such names, as he thinks fit.\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Members","content":"16 Members\nThe Minister may, by instrument in writing, appoint a person to be\nChairman, Deputy Chairman or a member of an advisory\ncommittee for such period as is specified in the instrument.\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Representation","content":"17 Representation\n(1) The Minister shall, when appointing persons to be members of an\nadvisory committee, as far as is practicable, include representatives\nof persons or organisations interested in the matter which is being\nreferred to it under section 19.\n\nMarine Act 1981 11\n(2) The Minister may, when establishing, determining the powers and\nfunctions of, or appointing persons to, an advisory committee, take\ninto account the requirements of:\n(a) the Uniform Shipping Laws Code; and\n(b) any International Convention requiring consultation with\norganizations of ship-owners or trade unions of seamen;\nin relation to any matter referred to the committee.\n","sortOrder":12},{"sectionNumber":"18","sectionType":"section","heading":"Notice of appointments","content":"18 Notice of appointments\nThe establishment of an advisory committee and the appointment\nof the Chairman, Deputy Chairman and members of that committee\nmust be notified in the Gazette.\n","sortOrder":13},{"sectionNumber":"19","sectionType":"section","heading":"Functions of committees","content":"19 Functions of committees\n(1) An advisory committee must, in accordance with such directions, if\nany, of the Minister as are set out in the notice establishing the\ncommittee, investigate, consider, undertake or cause to be\nundertaken research and make recommendations to the Minister in\nrespect of those matters relating to shipping as are referred to it by\nthe Minister.\n(2) Except as may be prescribed by the Minister, the procedures of an\nadvisory committee must be as determined by that committee.\n","sortOrder":14},{"sectionNumber":"21","sectionType":"section","heading":"Delegations","content":"21 Delegations\nThe Minister or the Director may, by instrument in writing, delegate\nto a person any of his or her powers and functions under this Act,\nother than this power of delegation.\n","sortOrder":15},{"sectionNumber":"22","sectionType":"section","heading":"Protection","content":"22 Protection\nA person exercising a power or performing a function or duty\nconferred or imposed on the person by or under an Act, including\nthis Act, or an instrument of a legislative or administrative character\ndoes not render the Territory or the person personally liable in\nrespect of any matter or thing done, or contract entered into by the\nperson if the matter or thing was done, or the contract was entered\ninto, in good faith for the purpose of executing that Act or the\ninstrument.\n\nMarine Act 1981 12\n","sortOrder":16},{"sectionNumber":"95","sectionType":"section","heading":"Application of Division","content":"95 Application of Division\nThis Division applies in relation to every recreational vessel in\nNorthern Territory waters.\n","sortOrder":17},{"sectionNumber":"96","sectionType":"section","heading":"Unsafe ships","content":"96 Unsafe ships\nFor this Division, a vessel that is, by reason of:\n(a) the defective condition of a part of the vessel; or\n(b) the improper loading of the vessel; or\n(c) the undermanning of the vessel; or\n(d) for any other reason;\nunfit to proceed on its proposed voyage without danger to human\nlife, is an unsafe ship.\n","sortOrder":18},{"sectionNumber":"97","sectionType":"section","heading":"Unsafe ships not to go to sea","content":"97 Unsafe ships not to go to sea\n(1) A person commits an offence if the person:\n(a) sends a vessel to sea; and\n(b) knows that the vessel is an unsafe ship.\n(2) The master of a vessel commits an offence if the master:\n(a) takes the vessel to sea; and\n(b) knows that the vessel is an unsafe ship.\nsubsection (1) or (2) that:\n(a) the person charged used all reasonable means to ensure that\nthe vessel was not an unsafe ship; or\n(b) the sending or taking of the vessel to sea was, in the\ncircumstances, reasonable and justified.\n\nMarine Act 1981 13\n(4) The fact that an unsafe ship has been detained under section 186\nis not a bar to proceedings under this section.\n(5) In this section, sea includes Northern Territory waters.\n","sortOrder":19},{"sectionNumber":"98","sectionType":"section","heading":"Application of Division","content":"98 Application of Division\nThis Division applies in relation to every domestic commercial\nvessel in Northern Territory waters.\n","sortOrder":20},{"sectionNumber":"102","sectionType":"section","heading":"Directions in relation to hazardous goods","content":"102 Directions in relation to hazardous goods\n(1) The Director may give such directions as the Director thinks fit to\nthe master of a vessel for or with respect to the loading, or the\ncarriage in or the removal from a vessel of goods which, in the\nopinion of the Director, would endanger the vessel or be a danger\nto human life.\n(2) The power under subsection (1) to give directions includes the\npower to prohibit the loading of or carriage of hazardous goods in a\nvessel.\n(3) The master of a vessel commits an offence if:\n(a) a direction is given to the master under subsection (1); and\n(b) the master engages in conduct; and\n(c) the conduct contravenes the direction.\nMaximum penalty: 500 penalty units.\n(4) This section does not apply to a vessel within a designated port.\n","sortOrder":21},{"sectionNumber":"104","sectionType":"section","heading":"Dangerous goods","content":"104 Dangerous goods\n(1) The owner or the master of a vessel may:\n(a) refuse to take on board any package which he or she\nsuspects may contain dangerous goods; and\n(b) open and inspect any package which he or she suspects may\ncontain dangerous goods; and\n\nMarine Act 1981 14\n(c) discharge, destroy, render innocuous or otherwise deal with\nany goods which:\n(i) in the owner's or the master's opinion are dangerous\ngoods; and\n(ii) have been shipped on board the vessel without the\nowner's or the master's knowledge.\n(2) The owner or the master of a vessel is not under any liability, civil\nor criminal, in respect of an action taken under subsection (1).\n","sortOrder":22},{"sectionNumber":"105","sectionType":"section","heading":"Powers of Director regarding dangerous goods","content":"105 Powers of Director regarding dangerous goods\n(1) The Director may, if the Director is of the opinion that dangerous\ngoods are being loaded onto, unloaded from or stowed in a vessel\nin contravention of this Act or the Regulations, give such directions,\nnot inconsistent with this Act and the Regulations, as the Director\nthinks fit to the master of the vessel in relation to the loading,\nunloading or stowing of those goods.\n(1A) The master of a vessel commits an offence if:\n(a) a direction is given to the master under subsection (1); and\n(b) the master contravenes the direction.\n(1B) An offence against subsection (1A) is an offence of strict liability.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1A) if the defendant has a reasonable excuse.\n(3) This section does not apply to a vessel within a designated port.\n","sortOrder":23},{"sectionNumber":"106","sectionType":"section","heading":"Packing, marking and carriage of dangerous goods","content":"106 Packing, marking and carriage of dangerous goods\n(1) The Minister may, by Gazette notice, make a determination in\nrelation to:\n(a) the method of packing and stowing dangerous goods in a\nvessel; or\n(b) the marking of dangerous goods in a vessel; or\n(c) the carriage of dangerous goods in a vessel.\n(2) The determination may include additional requirements where the\nvessel is one in which passengers are being, or are going to be,\ncarried.\n\nMarine Act 1981 15\n(3) A person must not contravene a determination under\nsubsection (1).\n(5) Without limiting subsection (4), it is a reasonable excuse if the\ngoods are packed, stowed, marked or carried (as the case\nrequires) in accordance with a requirement made under the Ports\nManagement Act 2015 or in accordance with Part 41 of the Marine\nOrders made under the Navigation Act 2012 (Cth).\n(6) This section does not apply to a vessel within a designated port.\n","sortOrder":24},{"sectionNumber":"107","sectionType":"section","heading":"Forfeiture of dangerous goods","content":"107 Forfeiture of dangerous goods\n(1) This section applies if a person is found guilty by a court of an\noffence against section 106.\n(2) The court may order the dangerous goods in respect of which the\noffence was committed:\n(a) to be forfeited to the Territory; or\n(b) to be destroyed.\n(3) The court may order the forfeiture or destruction of the dangerous\ngoods despite:\n(a) them not belonging to the person found guilty; or\n(b) their owner having no knowledge of the proceeding.\n(4) The Competent Authority may recover from the person found guilty,\nas a debt due and payable to the Territory, the costs incurred by it\nin relation to the forfeiture or destruction of the dangerous goods.\n(5) This section does not apply to a vessel within a designated port.\nCompetent Authority, see section 3 of the Dangerous Goods\nAct 1998.\n\nMarine Act 1981 16\n","sortOrder":25},{"sectionNumber":"109","sectionType":"section","heading":"Collisions","content":"109 Collisions\n(1) The master of a vessel (vessel A) commits an offence if:\n(a) vessel A is involved in a collision with another vessel\n(vessel B); and\n(b) the master of vessel A knows that vessel A was involved in a\ncollision with vessel B; and\n(c) the master fails to do all of the following:\n(i) render to vessel B all practical assistance to save\nvessel B, its passengers and its crew from any danger\ncaused by the collision;\n(ii) stay by vessel B until he or she has ascertained that\nthere is no need for further assistance;\n(iii) if vessel A is a recreational vessel – give to the master\nof vessel B the name and address of the master or\nowner of vessel A;\n(iv) if vessel A is not a recreational vessel – give the\nfollowing information to the master of vessel B:\n(A) the name of vessel A;\n(B) vessel A's port of registry or home port;\n(C) the port from which vessel A has come and to\nwhich it is bound.\n(2) Strict liability applies to subsection (1)(a) and (c).\nsubsection (1) if the defendant has a reasonable excuse for failing\nto do the things mentioned in subsection (1)(c)(ii), (iii) or (iv).\n","sortOrder":26},{"sectionNumber":"110","sectionType":"section","heading":"Collision Regulations","content":"110 Collision Regulations\n(1) A master or other person concerned with the navigation,\nmanagement or operation of a vessel in Northern Territory waters\nmust not contravene the Regulations made in respect of the\nprevention of collisions.\n\nMarine Act 1981 17\n(2) The owner of a vessel commits an offence if:\n(a) the vessel is operated in Northern Territory waters; and\n(b) the vessel is not provided with appropriate means of exhibiting\nthe lights, shapes and signals prescribed for use in or in\nconnection with the prevention of collisions.\n(3) The master of a vessel commits an offence if:\n(a) the master operates the vessel in Northern Territory waters;\nand\n(b) the vessel is not provided with appropriate means of exhibiting\nthe lights, shapes and signals prescribed for use in or in\nconnection with the prevention of collisions.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\nsubsection (1), (2) or (3) if the defendant has a reasonable excuse.\n","sortOrder":27},{"sectionNumber":"112","sectionType":"section","heading":"False distress signals","content":"112 False distress signals\n(1) A person must not use or exhibit a distress signal unless a vessel\nor a person is in distress and requires assistance.\n(a) the person uses or exhibits, or causes to be used or exhibited,\na distress signal; and\n(b) neither a vessel nor any person are in distress or require\nassistance when the person engages in the conduct specified\nin paragraph (a); and\n(c) the person had no reasonable cause for engaging in the\nconduct specified in paragraph (a).\n(3) A person commits an offence if:\n(a) the person uses or makes, or causes to be used or made, a\nsignal; and\n\nMarine Act 1981 18\n(b) the signal is likely to be interpreted as a distress signal; and\n(c) neither a vessel nor any person are in distress or require\nassistance when the person engages in the conduct specified\nin paragraph (a); and\n(d) the person had no reasonable cause for engaging in the\nconduct specified in paragraph (a).\n(4) An offence against subsection (2) or (3) is an offence of strict\n(5) To avoid doubt, this section applies to conduct whether it occurs on\nwater or land.\ndistress signal means:\n(a) an emergency position indicating radio beacon (EPIRB); or\n(b) any signal specified as indicating distress in the Uniform\nShipping Laws Code, Annex IV, item 1.\n","sortOrder":28},{"sectionNumber":"115","sectionType":"section","heading":"Navigation hazards","content":"115 Navigation hazards\n(1) For the purposes of this section:\n(a) tropical storm includes cyclone; and\n(b) a vessel has met with a tropical storm if the master of the\nvessel has reason to believe there is a tropical storm in the\nimmediate vicinity.\n(2) The master of a vessel must, forthwith upon meeting on or near his\nor her course with a dangerous derelict, tropical storm or any other\ndirect danger to navigation, send all relevant information by such\nmeans of communication as are at his or her disposal, to all other\nvessels in the vicinity and to the prescribed persons.\n\nMarine Act 1981 19\n","sortOrder":29},{"sectionNumber":"115A","sectionType":"section","heading":"Duty not to obstruct","content":"115A Duty not to obstruct\nThe owner or the master of a vessel commits an offence if:\n(a) the owner or master operates, moors, anchors or secures the\nvessel, or allows the vessel to be operated, moored, anchored\nor secured; and\n(b) the manner in which the vessel is operated, moored,\nanchored or secured is likely to:\n(i) obstruct or impede the safe passage or navigation of\nanother vessel; or\n(ii) create a hazard to the safe passage, navigation or\noperation of another vessel.\n1 year.\n","sortOrder":30},{"sectionNumber":"115B","sectionType":"section","heading":"Person not to obstruct or endanger safe passage","content":"115B Person not to obstruct or endanger safe passage\n(a) the person engages in conduct; and\n(b) the conduct results in any of the following:\n(i) the unreasonable obstruction or likely unreasonable\nobstruction of the passage of a vessel;\n(ii) the unreasonable hindrance or likely unreasonable\nhindrance of the passage of a vessel;\n(iii) the endangerment or likely endangerment of the safe\npassage of a vessel.\n1 year.\n\nMarine Act 1981 20\n","sortOrder":31},{"sectionNumber":"115C","sectionType":"section","heading":"Interpretation","content":"115C Interpretation\n(1) In this Division:\nowner, in relation to a vessel wrecked, means any person to whom\nthe vessel wrecked:\n(a) belongs; or\n(b) belonged at the time at which it became a vessel wrecked; or\n(c) has belonged at any time after the time at which it became a\nvessel wrecked;\nand a vessel wrecked is taken to belong to a person if, at the\nrelevant time, the person by virtue of a charter or other agreement\nhad the responsibility for the management and operation of the\nvessel as if the person were the owner.\nvessel includes a vessel, part of a vessel, and any item of\nequipment, cargo, stores, fuel, or ballast of or belonging to a\nvessel.\nvessel wrecked means a vessel that is wrecked, stranded, sunk,\nabandoned or which is lying on the sea bed within Northern\nTerritory waters and includes wreckage.\n","sortOrder":32},{"sectionNumber":"115D","sectionType":"section","heading":"Director may deal with vessel wrecked","content":"115D Director may deal with vessel wrecked\n(1) Where, in the opinion of the Director, it is in the public interest to do\nso, the Director may:\n(a) direct the owner of a vessel wrecked to raise, remove, or\ndestroy the vessel, or to light or buoy the vessel until it is\nraised, removed, or destroyed; and\n(b) where the owner of a vessel wrecked cannot be located within\na reasonable time or fails to comply with a direction under\nparagraph (a) within a reasonable time, remove, destroy, or\ndeal with the vessel wrecked in such a manner as the Director\nthinks fit; and\n(c) recover from the owner any or all expenses incurred in the\nlighting, buoying, raising, removal, or destruction of the vessel\nwrecked.\n\nMarine Act 1981 21\n(1A) The owner of a vessel to whom a direction is given under\nsubsection (1) commits an offence if the owner fails to comply with\nthe direction within 14 days after it is given.\n(1B) An offence against subsection (1A) is an offence of strict liability.\n(1C) It is a defence to a prosecution for an offence against\nsubsection (1A) if the defendant has a reasonable excuse.\n(2) Where the Director has dealt with a vessel wrecked in accordance\nwith subsection (1)(b), the Director may sell, in such manner as the\nDirector thinks fit, any vessel wrecked or any part of it so raised or\nremoved and any other property recovered in the raising or\nremoval.\n(3) The Director must, out of the proceeds of any sale under\nsubsection (2), after the deduction of expenses incurred, pay the\nnet proceeds of the sale to the owner or person entitled to them.\n(4) The powers given to the Director under this section for the removal\nof a vessel wrecked are in addition to and not in derogation of any\nother powers given in respect of a declared port for a like object\nunder any other law.\n(5) This section does not apply to a vessel within a designated port.\n","sortOrder":33},{"sectionNumber":"116","sectionType":"section","heading":"Application of Division","content":"116 Application of Division\nThis Division applies in relation to every vessel within Northern\nTerritory waters or whose next port of call is at a port or place in the\nTerritory.\n","sortOrder":34},{"sectionNumber":"117","sectionType":"section","heading":"Report of marine incidents","content":"117 Report of marine incidents\n(1) The master of a recreational vessel that is involved in, or causes, a\nmarine incident commits an offence if he or she fails to report the\nincident to the Director as soon as practicable after it occurs and, in\nany event, not later than 4 pm on the next business day.\n\nMarine Act 1981 22\n","sortOrder":35},{"sectionNumber":"118","sectionType":"section","heading":"Inquiries and investigations into certain marine incidents","content":"118 Inquiries and investigations into certain marine incidents\n(1) The Director may, by notice in writing, appoint a person to hold\neither a preliminary inquiry or a formal investigation into a marine\nincident in relation to a vessel that was, at the time that the marine\nincident occurred, in Northern Territory waters.\n(2) Where a person is appointed to hold a preliminary inquiry, the\nperson must, upon the conclusion of that inquiry, make a report to\nthe Director on the circumstances relating to that marine incident\nand such report must state whether or not it is the person's opinion\nthat a formal investigation should be held.\n(4) A person must not be appointed to hold a formal investigation\nunder subsection (1) unless the person is a lawyer or holds judicial\noffice.\n","sortOrder":36},{"sectionNumber":"119","sectionType":"section","heading":"Appointment of persons to assist investigation","content":"119 Appointment of persons to assist investigation\nA person holding a formal investigation into a marine incident in\nrelation to a vessel may, by written notice, appoint such number of\npersons as he or she thinks fit to assist with the conduct of the\n","sortOrder":37},{"sectionNumber":"120","sectionType":"section","heading":"Conduct of inquiries and investigations","content":"120 Conduct of inquiries and investigations\n(1) A person appointed to hold a preliminary inquiry or formal\ninvestigation into a marine incident in relation to a vessel may:\n(a) go on board a vessel involved in the marine incident ; and\n(b) require a person to answer questions relating to the marine\nincident ; and\n(c) require the production of any document or certificate relating\nto a matter relating to the preliminary inquiry or formal\n(a) the person is required to answer a question under\nsubsection (1)(b); and\n(b) in response to the requirement the person gives information;\nand\n(c) the person knows the information is misleading.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nMarine Act 1981 23\n(2A) A person commits an offence if:\n(a) the person is required to produce a document or certificate\nunder subsection (1)(c); and\n(b) in response to the requirement the person produces a\ndocument or certificate; and\n(c) the person knows the document or certificate contains\nmisleading information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2B) Strict liability applies to subsections (2)(a) and (2A)(a).\n(2C) Subsection (2A) does not apply if the person, when producing the\ndocument or certificate:\n(a) draws the misleading aspect of the document or certificate to\nthe attention of the person to whom it is produced; and\n(b) to the extent to which the person can reasonably do so –\ngives the person to whom it is produced the information\nnecessary to remedy the misleading aspect of the document\nor certificate.\n(2D) A person commits an offence if:\n(a) the person is required to answer a question under\nsubsection (1)(b) or to produce a document or certificate\nunder subsection (1)(c); and\n(b) the person refuses to answer the question or produce the\ndocument or certificate.\n(2E) An offence against subsection (2D) is an offence of strict liability.\n(2F) It is a defence to a prosecution for an offence against\nsubsection (2D) if the defendant has a reasonable excuse.\n(3) Subsection (2) or (2D) does not require a person to answer a\nquestion if the answer thereto would or would tend to incriminate\nthe person.\n(4) Unless otherwise prescribed, the procedure at a formal\ninvestigation must be as determined by the person holding the\ninvestigation but the investigation shall be conducted in such a\nmanner that a person against whom allegations are made must\n\nMarine Act 1981 24\nhave the opportunity of rebutting those allegations.\n(5) A person holding a formal investigation into a marine incident in\nrelation to a vessel must give the person's decision thereon in open\ncourt and make a full report to the Minister including such\nobservations as the person thinks fit relating to the persons or\ncircumstances contributing to the marine incident .\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":38},{"sectionNumber":"121","sectionType":"section","heading":"Costs","content":"121 Costs\n(1) A person conducting a formal investigation may make such order\nas the person thinks fit in relation to the costs of a party to the\n(2) Costs ordered under subsection (1) to be paid to a person are a\ndebt due to that person by the person so ordered to pay them.\n(3) The Minister may pay any costs incurred by a person in relation to\na formal investigation.\n","sortOrder":39},{"sectionNumber":"122","sectionType":"section","heading":"Formal investigations","content":"122 Formal investigations\n(1) Where, as a result of a formal investigation into a marine incident in\nrelation to a vessel, the person conducting the formal investigation\nis satisfied that a person holding a certificate of competency for the\nvessel:\n(a) is unfit to discharge his or her duties; or\n(b) has been seriously negligent in the discharge of his or her\nduties; or\n(c) has failed to give assistance or information required by this\nAct;\nthe person conducting the formal investigation must advise the\nNational Regulator that a person holding a certificate of\ncompetency for a vessel involved in the marine incident is not fit\nand proper to hold that certificate.\n\nMarine Act 1981 25\n(2) The person must not give the advice to the National Regulator\nunless:\n(b) a copy of the case upon which the formal investigation has\nbeen ordered has been furnished before the commencement\nof the formal investigation to the person holding the certificate;\nand\n(c) the person conducting the formal investigation publishes his\nor her reasons for so ordering.\n(3) In this section:\nNational Regulator, see section 9 of the Marine Safety National\nLaw.\n","sortOrder":40},{"sectionNumber":"124","sectionType":"section","heading":"Rehearing","content":"124 Rehearing\n(1) The Minister may, in any case where a formal investigation has\nbeen held under this Part, order the case to be reheard, either\ngenerally or as to a part thereof, and must do so:\n(a) if new and important evidence is discovered which could not\nbe produced at the formal investigation; or\n(b) if for any other reason there is, in the Minister's opinion,\nreason for suspecting that a miscarriage of justice has\noccurred.\n(2) A rehearing under this section may be either by the person\nappointed to hold the formal investigation in the first instance, or by\nsuch other person qualified under section 118(4) as is appointed by\nthe Minister.\n(3) Any rehearing under this section is taken to be a formal\ninvestigation under this Part, and the provisions of this Part\napplicable to formal investigations apply.\n","sortOrder":41},{"sectionNumber":"125","sectionType":"section","heading":"Appeals","content":"125 Appeals\n(1) A person who has been named in a report of a formal investigation\nor a rehearing under section 124 as a person whose wrongful act\ncaused or contributed to a marine incident in relation to a vessel, or\na person who has censured, may appeal to the Supreme Court and\nthe Supreme Court may make such order as the justice of the case\nrequires.\n\nMarine Act 1981 26\n(2) An appeal under subsection (1):\n(a) must be made within 28 days after the publication of the\nreport of the person holding the formal investigation or the\nrehearing, as the case may be; and\n(b) in the case of a formal investigation, must be stayed upon the\nMinister ordering a formal investigation to be reheard under\nsection 124, for the period of such rehearing.\n","sortOrder":42},{"sectionNumber":"126","sectionType":"section","heading":"Application of Division","content":"126 Application of Division\nThis Division applies in relation to every vessel in Northern Territory\nwaters navigable by sea-going vessels.\n","sortOrder":43},{"sectionNumber":"127","sectionType":"section","heading":"Offences by passengers","content":"127 Offences by passengers\n(1) A passenger or other person on board a vessel who is not a\nseaman belonging to the vessel commits an offence if he or she:\n(a) engages in conduct; and\n(b) the conduct results in the obstruction of any part of the\nmachinery, equipment or fittings of the vessel.\n(2) The master of a vessel may refuse to receive on board any person\nwho, by reason of drunkenness or for any other cause, is in such a\nstate, or conducts himself or herself in such a manner, as to cause\nannoyance or injury to other persons on board.\n","sortOrder":44},{"sectionNumber":"128","sectionType":"section","heading":"Directions as to passengers","content":"128 Directions as to passengers\n(1) The Director may, by notice in writing served on the master of a\nvessel, give such directions as the Director thinks fit for or with\nrespect to the manner in which the vessel is equipped or manned\nor the carriage of cargo, livestock or ballast or the manner in which\nit is provided with passenger or hospital accommodation or\nsanitary, health or medical services or food, water or stores, if the\nDirector is of the opinion that it is necessary to do so to prevent\ndanger to the safety or health of the passengers on the vessel.\n(2) The master of a vessel must not contravene a direction in a notice\nserved under subsection (1).\n\nMarine Act 1981 27\n","sortOrder":45},{"sectionNumber":"129","sectionType":"section","heading":"Application of Part","content":"129 Application of Part\nThis Part does not apply to or in relation to a commercial operation\nin which a vessel belonging to the Commonwealth or an\ninstrumentality of the Commonwealth, a vessel used for the\npurposes of fishing operations as defined in section 3(1) of the\nFisheries Act 1988 or a permit granted under that Act or a hire-and-\ndrive vessel is operated.\n","sortOrder":46},{"sectionNumber":"130","sectionType":"section","heading":"Interpretation","content":"130 Interpretation\ncommercial operation means any voyage undertaken by a vessel\nfor fee or reward or provided in relation to the provision of another\nservice or goods for fee or reward.\ndeclared service means a commercial operation declared under\nsection 131 to be an operation for which a licence is required.\ninterim licence means an interim licence granted under\nsection 133.\nlicence means a licence for the purposes of this Part and includes\nan interim licence.\nlicensee means the holder of a licence.\noperator, in relation to a commercial operation, includes a person,\npartnership, co-operative or company that has the whole\nresponsibility for the management of the commercial operation and\ncontrol of the vessels engaged in the operation.\n","sortOrder":47},{"sectionNumber":"131","sectionType":"section","heading":"Declaration of declared services","content":"131 Declaration of declared services\n(1) The Minister may, for the purposes of ensuring the orderly conduct\nof a particular industry or area of water, the safety of the public, the\ninterests of tourism generally or for purposes otherwise in the public\ninterest, by Gazette notice, declare:\n(a) specified commercial operations; or\n\nMarine Act 1981 28\n(b) all commercial operations within a specified area;\nto be declared services in respect of which a licence is required for\nthe purposes of this Part.\n(2) A declaration under subsection (1) comes into operation:\n(a) 30 days after the date on which it is published in the Gazette;\nor\n(b) where a later date is specified in the declaration, on that date.\n(3) As soon as practicable after making a declaration under\nsubsection (1), the Director must:\n(a) publish a notice in a newspaper circulating in the Territory;\nand\n(b) give notice in writing to persons who are, to his or her\nknowledge, likely to be affected by the declaration;\nof the declaration and of its effect.\n","sortOrder":48},{"sectionNumber":"132","sectionType":"section","heading":"Application for licence","content":"132 Application for licence\n(1) An operator, or a person who intends to establish a commercial\noperation that is a declared service, may apply to the Director for\nthe grant or renewal of a licence in respect of a declared service.\n(2) An application must be in accordance with the form approved by\nthe Director accompanied by the prescribed fee.\n","sortOrder":49},{"sectionNumber":"133","sectionType":"section","heading":"Interim licences","content":"133 Interim licences\n(1) Where:\n(a) an application has been made in respect of commercial\noperations in existence before the relevant declaration was\npublished in the Gazette under section 131; and\n(b) the Director is of the opinion that a final determination of the\napplication cannot be made in as brief a period as is\nnecessary to avoid unreasonable detriment to those\ncommercial operations;\nthe Director may grant an interim licence, subject to the conditions\nspecified in section 136 and such other conditions as he or she\nthinks fit, before finally determining the application in accordance\nwith this Part.\n\nMarine Act 1981 29\n(2) The grant of an interim licence does not give rise to a legitimate\nexpectation by the applicant that a licence must be granted to him\nor her.\n(3) Where an application in respect of which an interim licence was\ngranted is determined by the Director, the interim licence is taken to\nhave been revoked from the date of service of the final\ndetermination of the application on the applicant.\n","sortOrder":50},{"sectionNumber":"134","sectionType":"section","heading":"Grant of licence","content":"134 Grant of licence\n(1) The Director may grant or renew, or refuse to grant or renew, a\nlicence.\n(2) The matters that the Director must take into consideration before\ngranting or renewing a licence include:\n(a) the necessity for or desirability of the declared service; and\n(b) the public interest in relation to the declared service; and\n(c) whether the applicant is a fit and proper person to be granted\nthe licence sought; and\n(d) such other matters as the Director thinks fit.\n(3) For the purposes of subsection (2), a person is not a fit and proper\nperson if he or she:\n(a) is bankrupt, has applied to take the benefit of any law for the\nrelief of bankrupt or insolvent debtors, has compounded with\nthe person's creditors or made an assignment of the person's\nremuneration for the benefit of his or her creditors; or\n(b) has held a licence granted under this Part which has been\ncancelled on a ground specified in section 138(1)(a), (b), (d)\nor (e); or\n(c) was a director within the meaning of the Corporations\nAct 2001 of a body corporate at the time when an offence was\ncommitted by that body corporate which led to the\ncancellation of a licence held by the body corporate; or\n(d) has been convicted of a prescribed offence against this Act or\nany other Act; or\n(e) is unable to demonstrate the capacity to meet standards of\npassenger and public safety to the Director's satisfaction; or\n(f) otherwise engages in conduct that is improper.\n\nMarine Act 1981 30\n(4) The Director must not grant a licence to, or renew the licence of, a\nbody corporate:\n(a) if the body corporate is, by its constitution, prevented from\ncarrying on the commercial operations in respect of which the\nlicence application is made; and\n(b) unless each of the directors of the body corporate, as an\nindividual, would not be prevented by this Act from being\ngranted a licence or having the licence renewed; and\n(c) in respect of which a liquidator, receiver, receiver and\nmanager or official manager have been appointed under the\nCorporations Act 2001, unless the Director is of the opinion\nthat it would be inequitable not to grant or renew the licence.\n(5) Where the Director refuses to grant or renew a licence he or she\nmust notify the applicant in writing of the refusal and specify the\ngrounds for the refusal.\n","sortOrder":51},{"sectionNumber":"135","sectionType":"section","heading":"Director may require information or document","content":"135 Director may require information or document\n(1) The Director may, by notice in writing given to an applicant for a\nlicence or a licensee, require him or her to furnish to the Director,\nwithin the time specified in the notice, the information or document\nspecified in the notice in relation to the declared service that is the\nsubject of the application or licence.\n(2) A licensee must comply with a notice under subsection (1).\n","sortOrder":52},{"sectionNumber":"136","sectionType":"section","heading":"Conditions of licence","content":"136 Conditions of licence\n(1) It is a condition of a licence that the licensee must:\n(a) comply with all laws applicable to the maintenance and\noperation of the vessel engaged in the declared service; and\n(b) comply with all requirements by the Director to furnish\ninformation or prescribed records relating to the declared\nservice; and\n(c) comply with all directions by the Director relating to the use of\nboarding structures or landing areas.\n\nMarine Act 1981 31\n(2) The grant, renewal or variation of a licence may be subject to such\nconditions as the Director thinks fit, including, but not limited to, the\ncondition that the declared service must be carried out:\n(a) at a specified place or on a specified route; and\n(b) in accordance with a specified timetable; and\n(c) in compliance with specified operating procedures.\n","sortOrder":53},{"sectionNumber":"137","sectionType":"section","heading":"Period of licence","content":"137 Period of licence\nA licence shall be in a form approved by the Director and is valid for\nthe period, not exceeding 5 years, endorsed on the licence.\n","sortOrder":54},{"sectionNumber":"138","sectionType":"section","heading":"Cancellation, suspension or variation of licence","content":"138 Cancellation, suspension or variation of licence\n(1) The Director may, by notice in writing given to a licensee, notify that\nthe Director intends to cancel, suspend or vary a licence where the\nDirector is satisfied that:\n(a) the licensee has contravened this Part; or\n(b) information or a statement required in connection with an\napplication for a licence or a renewal of a licence is materially\nfalse or misleading; or\n(c) there has been a change of circumstances since the grant of\nthe licence; or\n(d) the licensee has contravened a condition of his or her licence;\nor\n(e) the licensee has ceased to be a fit and proper person; or\n(f) it is in the public interest to do so.\n(2) A notice under subsection (1) must specify:\n(a) particulars of the grounds for cancellation, suspension or\nvariation of the licence; and\n(b) the action that the Director intends to take; and\n(c) where the Director intends to suspend or vary the licence, the\nterms and conditions of the proposed suspension or variation;\nand\n(d) the time before which the licensee may show cause why the\nlicence should not be cancelled, suspended or varied.\n\nMarine Act 1981 32\n(3) The Director may, after the expiration of the date by which the\nlicensee may show cause under subsection (2) and after\nconsidering any submissions made by the licensee, cancel,\nsuspend or vary the licence.\n","sortOrder":55},{"sectionNumber":"139","sectionType":"section","heading":"Inspection","content":"139 Inspection\n(1) Where the Director believes on reasonable grounds that a licensee\nhas contravened the conditions of his or her licence, the Director\nmay require the licensee to permit a shipping inspector to exercise\nthe powers of a shipping inspector under section 8(3), to board a\nvessel or enter premises for the purposes of inspection or\nquestioning of passengers.\n(3) A shipping inspector may, during an inspection under\nsubsection (1), require the licensee to produce for inspection and\nreproduction such documents relating to the declared service as\nthe shipping inspector or authorised person requires.\n(4) A licensee must comply with a requirement under subsection (1)\nor (3).\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n","sortOrder":56},{"sectionNumber":"140","sectionType":"section","heading":"Offences relating to declared services","content":"140 Offences relating to declared services\n(a) the person carries on a declared service; and\n(b) the person is not a licensee.\nMaximum penalty: 400 penalty units.\n(2) A licensee commits an offence if the licensee contravenes a\ncondition of the licence other than one mentioned in\nsection 136(1)(a) or (b).\n\nMarine Act 1981 33\n(3) The master of a vessel that is engaged in a declared service\ncommits an offence if the master causes or permits the vessel to\nbe used in a way that contravenes a condition of a licence held in\nrespect of the declared service.\n(4) An offence against subsection (2) or (3) is an offence of strict\nsubsection (2) or (3) if the defendant has a reasonable excuse.\n","sortOrder":57},{"sectionNumber":"141","sectionType":"section","heading":"Review of decisions of Director","content":"141 Review of decisions of Director\n(1) Subject to this section, a person aggrieved by a decision of the\nDirector (other than a decision of the Director made on a\nreconsideration under section 50(1)(c)(ii) of the Northern Territory\nCivil and Administrative Tribunal Act 2014):\n(a) refusing an application for the grant or renewal of a licence; or\n(b) determining or varying the conditions upon which a licence\nwas granted, varied or renewed; or\n(c) cancelling or suspending a licence; or\n(d) requiring information or prescribed records to be furnished,\nmay apply to the Tribunal for a review of the decision.\n(2) A person shall not apply for a review of a decision of the Director\nunless the person has, within 28 days after notice of the decision\nwas given to the person, requested in writing the Director to\nreconsider the decision and the Director has not, within 14 days\nafter receiving the request, varied the decision.\n(3) Notwithstanding subsection (2), if as a result of a request referred\nto in that subsection, the Director within 14 days after receiving the\nrequest, varies the decision, the person may apply for a review of\nthe decision as so varied as if it were the original decision except\nthat the person is not required to request the Director to reconsider\nthe decision so varied.\n(4) Notwithstanding subsection (1)(c), a person may not apply for a\nreview of a decision of the Director to suspend a licence unless the\nsuspension is for a period of more than 7 days.\n\nMarine Act 1981 34\n(5) Subject to subsection (6), an application for a review of a decision\nof the Director must be filed with the Registrar of the Tribunal within\n28 days after:\n(a) the day on which the Director gives notice of a variation of the\ndecision as a result of a request made under subsection (2);\nor\n(b) the expiry of the period of 14 days after the receipt of that\nrequest if the Director does not vary the decision within that\nperiod.\n(6) The Tribunal may extend the time allowed for making an\napplication mentioned in subsection (5).\n","sortOrder":58},{"sectionNumber":"142","sectionType":"section","heading":"Effect of review proceeding on decisions","content":"142 Effect of review proceeding on decisions\n(1) On the commencement of a proceeding to review a decision of the\nDirector to vary a licence, the decision is of no effect unless and\nuntil it is confirmed by the Tribunal.\n(2) On the commencement of a proceeding to review a decision of the\nDirector to refuse to renew a licence, the licence remains valid until:\n(a) a decision is made by the Tribunal under section 50 of the\nNorthern Territory Civil and Administrative Tribunal Act 2014;\nand\n(b) if that decision is to send the matter back to the Director for\nreconsideration, until a decision is made on that\nreconsideration.\n(3) Subsection (2) has effect even if, but for that subsection, the\nlicence would have expired because of section 137.\n","sortOrder":59},{"sectionNumber":"142A","sectionType":"section","heading":"Service of notices","content":"142A Service of notices\n(1) A notice for the purposes of this Part may be given to or served on\na person by:\n(a) delivering it personally to the person; or\n(b) leaving it at the person's usual or last known place of\nresidence with another person, apparently resident at the\nplace; or\n(c) leaving it at the person's usual or last known place of business\nwith another person, apparently in a position of authority at\nthe place; or\n\nMarine Act 1981 35\n(d) posting it in a prepaid letter addressed to the person at the\nperson's usual or last known place of residence or business.\n(2) Subsection (1) is in addition to and not in derogation of\nsections 109X and 601CX of the Corporations Act 2001.\n","sortOrder":60},{"sectionNumber":"142B","sectionType":"section","heading":"Licence not transferable","content":"142B Licence not transferable\nA licence is not transferable by the licensee.\n","sortOrder":61},{"sectionNumber":"143","sectionType":"section","heading":"Interpretation","content":"143 Interpretation\naid means:\n(a) a lighthouse, lightship, beacon or buoy; or\n(b) any other structure, marker, device or apparatus that is an aid\nto marine navigation, including a radio beacon or an electronic\naid, but not including a device or apparatus used, or for use,\non a vessel, not being a lightship.\nowner, in relation to an aid, light or lamp, includes a person in\npossession or control of the aid, light or lamp.\n","sortOrder":62},{"sectionNumber":"144","sectionType":"section","heading":"Application of Part","content":"144 Application of Part\nThis Part applies in relation to an aid which is:\n(a) not the property of or under the control of:\n(i) the Commonwealth by virtue of the Lighthouses\nAct 1911 (Cth); or\n(ii) AMSA (the Australian Maritime Safety Authority\nestablished by the Australian Maritime Safety Authority\nAct 1990) under the Navigation Act 2012 (Cth); and\n(b) within Northern Territory waters or on land within the Territory.\n\nMarine Act 1981 36\n","sortOrder":63},{"sectionNumber":"144A","sectionType":"section","heading":"Application of Division","content":"144A Application of Division\nDespite section 144, this Division does not apply in relation to an\naid that is within a designated port or that may affect the safety or\nconvenience of marine navigation within such a port.\n","sortOrder":64},{"sectionNumber":"145","sectionType":"section","heading":"Acquisition of aids","content":"145 Acquisition of aids\nThe Minister may, on behalf of the Territory, enter into an\nagreement with a person for the acquisition of an aid owned or\noperated by that person.\n","sortOrder":65},{"sectionNumber":"146","sectionType":"section","heading":"Compulsory acquisition of aids","content":"146 Compulsory acquisition of aids\n(1) Where, in the opinion of the Minister, it is necessary for the\npurposes of this Part to do so, the Minister may, on behalf of the\nTerritory, compulsorily acquire an aid.\n(2) The Lands Acquisition Act 1978, other than Part IV and sections 44\nand 45 of that Act, applies to the acquisition of an aid under\nsubsection (1) as though the aid were an interest in land.\n(3) For the purposes of subsection (2), a reference in the Lands\nAcquisition Act 1978 to:\n(a) land, includes a reference to an aid; and\n(b) the Minister is a reference to the Minister administering this\nAct.\n","sortOrder":66},{"sectionNumber":"147","sectionType":"section","heading":"Establishment of aids","content":"147 Establishment of aids\n(1) The Director may establish, maintain, operate, alter or remove an\naid.\n(2) The Director may, by instrument in writing, authorise a person to\ncarry out on the Director's behalf any work necessary for the\nexercise of the Director's powers and the performance of the\nDirector's functions under subsection (1).\n","sortOrder":67},{"sectionNumber":"148","sectionType":"section","heading":"Establishment of private aids","content":"148 Establishment of private aids\n(1) A person must not establish, maintain, operate, alter or remove an\naid without the written approval of the Director.\n\nMarine Act 1981 37\n","sortOrder":68},{"sectionNumber":"149","sectionType":"section","heading":"Control of aids and lights","content":"149 Control of aids and lights\n(1) In this section, light includes a fire, and a street light or other\nilluminating device.\n(2) The Director may, if in the Director's opinion it is desirable for the\nsafety or convenience of marine navigation to do so, by notice in\nwriting served on the owner of an aid, lamp or light, require the\nowner of the aid, lamp or light, as the case may be:\n(a) to remove it entirely or to some other position; or\n(b) to modify it or to alter its character or mode of exhibition to the\nextent or in the manner specified in the notice; or\n(c) to cease using it; or\n(d) to use it only at the times and in the manner specified in the\nnotice.\n(3) A person served with a notice under subsection (2) commits an\noffence if the person fails or refuses to comply with the requirement\ncontained in the notice.\n(3B) It is a defence to a prosecution for an offence against\n(4) If:\n(a) a person fails to comply with a requirement contained in a\nnotice under subsection (2); or\n(b) a notice under subsection (2) cannot be served;\nthe Director may take possession of or control of the aid, lamp or\nlight specified in the notice, and do anything which the person\nspecified in the notice was required by the notice to do or which, in\nthe opinion of the Director, must be done for the safety of marine\nnavigation.\n(5) Any costs incurred in doing a thing under subsection (4) in relation\nto an aid, lamp or light is a debt due by the owner of the aid to the\nTerritory.\n\nMarine Act 1981 38\n","sortOrder":69},{"sectionNumber":"150","sectionType":"section","heading":"Inspection of aids","content":"150 Inspection of aids\nA person authorised by the Director may, at any reasonable time,\ninspect an aid, lamp or light which, in the person's opinion, may\naffect the safety or convenience of marine navigation.\n","sortOrder":70},{"sectionNumber":"151","sectionType":"section","heading":"Entry upon land","content":"151 Entry upon land\nNotwithstanding the Aboriginal Land Act 1978, where for the\npurposes of erection, inspection or maintenance of an aid, lamp or\nlight, it is necessary for the Director or a person authorised by the\nDirector to do so, the Director or person may enter upon any land\nand transport goods through or over the land.\n","sortOrder":71},{"sectionNumber":"152","sectionType":"section","heading":"Mooring at aids","content":"152 Mooring at aids\n(1) A person must not moor, make fast or attach a vessel to an aid.\n","sortOrder":72},{"sectionNumber":"154","sectionType":"section","heading":"Offences in relation to aids","content":"154 Offences in relation to aids\n(1) A person must not damage or destroy an aid.\nMaximum penalty: 200 penalty units.\n(2) A person commits an offence if the person engages in conduct\nthat:\n(a) results in the view of an aid being obstructed in a manner that\nlessens its efficiency; or\n(b) hinders the effective use of the aid.\nMaximum penalty: 200 penalty units.\n(3) A person must not be in or on:\n(a) an aid; or\n(b) an enclosed area of land on which an aid is situated.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\n\nMarine Act 1981 39\nsubsection (1), (2) or (3) if the defendant has a reasonable excuse.\n","sortOrder":73},{"sectionNumber":"155","sectionType":"section","heading":"Notification of damage","content":"155 Notification of damage\n(a) an aid is damaged, destroyed or interfered with; and\n(b) the person fails to report the damage, destruction or\ninterference immediately to the Director.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":74},{"sectionNumber":"156","sectionType":"section","heading":"Costs of rectification","content":"156 Costs of rectification\nAny costs or expenses incurred by the Territory in replacing,\nrepairing or reinstating an aid consequent upon:\n(a) the destruction of the aid; or\n(b) damage caused to the aid; or\n(c) interference with the aid;\nin contravention of section 154 is a debt due to the Territory from:\n(d) the person who; or\n(e) the master and the owner jointly of the vessel which;\ncaused the destruction, damage or interference.\n","sortOrder":75},{"sectionNumber":"157","sectionType":"section","heading":"Immunity from certain proceedings","content":"157 Immunity from certain proceedings\n(1) No legal proceedings are to be instituted against the Territory in\nrespect of an act or omission that is done or made under this Part\nunless the act or omission arises from wilful misconduct.\n(2) In this section:\nTerritory includes the Minister and a public sector employee.\n\nMarine Act 1981 40\n","sortOrder":76},{"sectionNumber":"186","sectionType":"section","heading":"Detention of vessel for failure to comply with Part 4","content":"186 Detention of vessel for failure to comply with Part 4\n(1) Where:\n(a) a vessel is at a port or place in the Territory, and the Director\nis of the opinion that there has been:\n(i) a material failure by the owner or the master of the\nvessel to comply with the requirements of Part 4; and\n(ii) the vessel, in the opinion of the Director, is likely to go to\nsea without compliance; or\n(b) the Director has reason to believe that a contravention of\nsection 97 has occurred or is likely to occur;\nthe Director may detain the vessel.\n(2) For the purposes of detaining a vessel under subsection (1), the\nDirector may require any person to do or refrain from doing any\nspecified act.\n(3) A person required under subsection (2) to do or refrain from doing\na specified act must not contravene the requirement.\nMaximum penalty: 1250 penalty units.\n(4) A seaman who does or refrains from doing an act in compliance\nwith a requirement under subsection (2) is not thereby in breach of\nhis or her seaman's agreement.\n","sortOrder":77},{"sectionNumber":"187","sectionType":"section","heading":"Notice of detention","content":"187 Notice of detention\nThe Director must, immediately upon detaining a vessel under\nsection 186, serve on the owner and the master of the vessel a\nnotice setting out the reasons for the detention.\n","sortOrder":78},{"sectionNumber":"188","sectionType":"section","heading":"Release from detention","content":"188 Release from detention\nA vessel detained under section 186 may be detained until such\ntime as the Director is satisfied that:\n(a) the owner or master has complied with the provisions of\nParts 3 and 4; and\n(b) the vessel is fit to proceed to sea on its proposed voyage\nwithout danger to human life.\n\nMarine Act 1981 41\n","sortOrder":79},{"sectionNumber":"188A","sectionType":"section","heading":"Erection of structures","content":"188A Erection of structures\n(1) A person must not, in or on Northern Territory waters, without the\nprior written approval of the Director or otherwise than in\naccordance with the terms of any such approval:\n(a) erect, or cause to be erected, below the high water mark any\njetty, wharf, pontoon (whether or not attached to the shore),\nmooring or structure, whether temporary or permanent; or\n(b) moor, anchor or otherwise fasten a floating structure or\nmooring buoy to the sea floor, a lake or riverbed or the shore.\n(4) The Director must not withhold an approval under subsection (1), or\nimpose a condition on such an approval, except on reasonable\ngrounds set out in a written notice given to the person seeking to do\nthe thing mentioned in subsection (1)(a) or (b).\n(5) A person given a notice under subsection (4) may apply to the\nTribunal for a review of a decision of the Director to withhold an\napproval under subsection (1) or impose a condition on an\napproval.\n(6) This section does not apply to waters within a designated port.\n","sortOrder":80},{"sectionNumber":"188B","sectionType":"section","heading":"Closure of waters","content":"188B Closure of waters\n(1) The Director may, by notice in writing, close any specified area of\nNorthern Territory waters to shipping for a period of not more than\n48 hours so as to:\n(a) enable the safe staging of regattas and races; or\n(b) facilitate salvage or construction operations; or\n(c) clean up polluted waters; or\n(d) deal with any matter relating to safety.\n(2) The Director must, as far as practicable, publicise the proposed\nclosure beforehand in such manner as the Director thinks fit.\n\nMarine Act 1981 42\n(3) A person commits an offence if the person is in closed waters\ncontrary to a notice under subsection (1).\n(3B) It is a defence to a prosecution for an offence against\n(4) This section does not apply in relation to a designated port.\n","sortOrder":81},{"sectionNumber":"188C","sectionType":"section","heading":"Power of Minister to close waters","content":"188C Power of Minister to close waters\n(1) The Minister may, by written notice, close any specified area of\nNorthern Territory waters to shipping for a period specified in the\nnotice so as to:\n(a) enable the safe staging of regattas and races; or\n(b) facilitate salvage or construction operations; or\n(c) clean up polluted waters; or\n(d) deal with any matter relating to safety.\n(2) The Minister must, as far as practicable, publicise the proposed\nclosure beforehand in such manner as the Minister thinks fit.\n(3) A person commits an offence if the person is in closed waters\ncontrary to a notice under subsection (1).\n(4) An offence against subsection (3) is an offence of strict liability.\n(6) This section does not apply to waters within a designated port.\n188CA Exemption from closed waters for police officers\n(1) A police officer acting in the course of the officer's duties may enter\nwaters closed under section 188B or 188C if:\n(a) the officer believes on reasonable grounds that it is necessary\nto do so; and\n(b) the officer takes reasonable care when doing so.\n\nMarine Act 1981 43\n(2) A police officer who enters closed waters in accordance with\nsubsection (1) does not commit an offence against section 188B(3)\nor 188C(3) in respect of those waters.\n","sortOrder":82},{"sectionNumber":"188D","sectionType":"section","heading":"Obstruction of officers or crew members","content":"188D Obstruction of officers or crew members\n(a) the person obstructs another person; and\n(b) the other person is an officer; and\n(c) the person knows the officer is acting in an official capacity.\n12 months.\n(a) the person obstructs another person; and\n(b) the other person is a member of the crew of a vessel who is\nengaged in the navigation, management or operation of the\nvessel; and\n(c) the person knows the member is engaged in the navigation,\nmanagement or operation of the vessel.\n12 months.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) In this section:\nacting in an official capacity, in relation to an officer, means the\nofficer is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nobstruct includes hinder and resist.\nofficer means:\n(a) a shipping inspector; or\n(b) a person authorised under section 147(2).\n\nMarine Act 1981 44\n","sortOrder":83},{"sectionNumber":"189","sectionType":"section","heading":"Averments","content":"189 Averments\nIn any proceedings for an offence against this Act or the\nRegulations, an averment by the prosecutor, contained in the\ninformation or complaint, that at a specified time:\n(a) a specified vessel was a vessel of a specified class or type;\nand\n(b) a specified amendment to the Uniform Shipping Laws Code\nhad come into effect for the purposes of this Act or the\nRegulations; and\n(c) a specified person was a delegate of the Minister or the\nDirector; and\n(d) a specified person was a shipping inspector; and\n(e) a specified person was, or was not, the holder of a specified\ncertificate; and\n(f) a specified certificate of survey was or was not in force in\nrespect of a specified vessel; and\n(g) specified goods were dangerous goods; and\n(h) a specified vessel as not licensed under Part 5; and\n(j) a specified vessel was engaged on a specified voyage; and\n(k) a specified area was part of a pilotage area; and\n(m) a specified person was a pilotage authority; and\n(n) a specified person was, or was not, a licensed pilot or the\nholder of a pilotage exemption certificate; and\n(o) a specified person was, or was not, the appointed pilotage\nservices provider; and\n(p) a specified person was, or was not, approved to provide\npilotage services in a pilotage area;\nis prima facie evidence of the matter averred.\n\nMarine Act 1981 45\n","sortOrder":84},{"sectionNumber":"190","sectionType":"section","heading":"Service of notices","content":"190 Service of notices\nService of a notice under this Act in respect of a vessel is to be\neffected:\n(a) by serving it personally on the owner of the vessel or, if the\nowner is a company, on a director, secretary or other officer of\nthe company; or\n(b) by serving it personally on the agent of the vessel or, if the\nagent is a company, on a director, secretary or other officer of\nthe company; or\n(c) by serving it personally on the master of the vessel or, if for\nany reason, (including the absence of the master from the\nvessel) it is not practicable to serve the notice on the master,\nby handing it to any person on board the vessel who appears\nto be in charge of the vessel.\n","sortOrder":85},{"sectionNumber":"192","sectionType":"section","heading":"Continuing offences","content":"192 Continuing offences\nWhere a person commits an offence by reason of a failure to\ncomply with a provision of this Act or the Regulations, being a\nprovision by or under which the person is required to do or to\nrefrain from doing anything within or during a particular period or\nwithin or during a time after a prescribed event, that person\ncommits an additional offence on each day on which the doing or\nthe failure to do that thing continues, notwithstanding that the\nspecified period or the period of time after the specified event has\nexpired.\n","sortOrder":86},{"sectionNumber":"193","sectionType":"section","heading":"Dispensing power of Administrator","content":"193 Dispensing power of Administrator\n(1) Where the Administrator is satisfied, as regards any vessel or class\nof vessels:\n(a) that a specified requirement of this Act has been substantially\ncomplied with; or\n(b) that compliance with a specified requirement of this Act is, in\nthe circumstances of the case, unnecessary; or\n(c) that the action taken or provision made as regards the\nsubject-matter of the requirement is as effective as, or more\neffective than, actual compliance with the requirement;\nthe Administrator may, by order, direct that compliance on the part\nof that vessel or that class of vessels with that requirement may be\ndispensed with.\n\nMarine Act 1981 46\n(2) Where the Administrator is satisfied, as regards a vessel or class of\nvessels, that such circumstances exist as render compliance with a\nspecified requirement of this Act impracticable, or make insistence\nupon compliance with that requirement undesirable in the public\ninterest, the Administrator may, by order, direct that the vessel or\nclass of vessels is not required to comply with that requirement.\n(3) Any dispensation or direction under this section may be\nunconditional or subject to such conditions, limitations and\nrestrictions as are expressed in the order.\n(4) The Minister must present to the Assembly at least once in each\nyear a special report stating the cases in which the Administrator\nhas exercised the Administrator's power under this section during\nthe preceding year.\n","sortOrder":87},{"sectionNumber":"194","sectionType":"section","heading":"Regulations","content":"194 Regulations\n(1) Subject to this Part, the Administrator may make regulations, not\ninconsistent with this Act:\n(a) prescribing all matters required or permitted by this Act to be\nprescribed or necessary or convenient to be prescribed for\ncarrying out or giving effect to this Act; and\n(b) authorising the exemption from any of the requirements of the\nRegulations or the relaxation of the requirements of the\nUniform Shipping Laws Code or any other document\nmentioned in section 196(7) in circumstances:\n(i) where the action to be taken or provision to be made as\nregards the subject-matter of the requirement is at least\nas effective as is actual compliance with the\nrequirement; or\n(ii) where the specified requirement would cause undue\nhardship but where there will be substantial compliance\nwith the general requirement to the extent that the prime\nconsiderations of safety of persons on board or any\nother person would not be impaired.\n(2) The power of the Administrator under subsection (1)(a) includes the\npower to authorise the Minister to make determinations for and in\nrelation to:\n(a) the numbers of certificated and uncertificated persons\nrequired for the manning of vessels; and\n\nMarine Act 1981 47\n(b) rules for the conduct of examinations of candidates for\ncertificates; and\n(c) the appointment of persons to be examiners; and\n(d) the nomination of institutions or organizations to conduct\nexaminations; and\n(e) the determination of medical standards and fitness criteria to\nbe applied to applicants for certificates and to seamen\ngenerally; and\n(g) the requirements for the packing, stowing and carriage of\ndangerous goods; and\n(h) the safe navigation and operation of vessels; and\n(j) the number of passengers that may be carried in a vessel;\nand\n(k) the loading and unloading of vessels; and\n(m) the fees and charges levied or imposed under this Act;\nand section 196 applies, as the circumstances may require, to such\ndeterminations.\n(3) Regulations made under this section may:\n(a) require that a matter or thing prescribed by the Regulations\nmust be carried out or done, in any case, to the satisfaction of\nthe Director or a shipping inspector or as is directed or\napproved by the Director or a shipping inspector; and\n(b) provide that a matter or thing may be done, determined,\napplied, dispensed with or regulated by the Director or a\nshipping inspector; and\n(c) provide that the Director or a shipping inspector has a\ndiscretionary authority in relation to a matter provided for in\nthe Regulations.\n(4) The power to make regulations conferred by subsection (1)\nincludes the power to make regulations imposing penalties, not\nexceeding 100 penalty units or imprisonment for 2 years, for\noffences against the Regulations.\n\nMarine Act 1981 48\n","sortOrder":88},{"sectionNumber":"195","sectionType":"section","heading":"Effect of special regulation-making powers","content":"195 Effect of special regulation-making powers\nSections 196, 199, 202 to 204, 206 and 208 to 211 do not limit the\ngenerality of section 194.\n","sortOrder":89},{"sectionNumber":"196","sectionType":"section","heading":"Uniform Shipping Laws Code","content":"196 Uniform Shipping Laws Code\n(1) The Regulations may apply, adopt or incorporate by reference all or\nany of the provisions of the Uniform Shipping Laws Code, with or\nwithout modification.\n(2) The provisions of the Uniform Shipping Laws Code incorporated in\nRegulations have effect as if made by the Regulations and have\neffect, with such modifications as are necessary to give effect to the\nUniform Shipping Laws Code, according to their tenor.\n(3) Subject to subsection (4), the power under subsection (1) to apply,\nadopt or incorporate the Uniform Shipping Laws Code includes the\npower to apply, adopt or incorporate the Code as amended from\ntime to time by the Ministerial Council.\n(4) Amendments referred to in subsection (3) do not take effect until\nnotice of the amendments is published in the Gazette.\n(5) The Regulations may make provision, not inconsistent with this Act,\nfor or with respect to the interpretation and enforcement of the\nUniform Shipping Laws Code.\n(6) Where the Uniform Shipping Laws Code as applied, adopted or\nincorporated by reference:\n(a) requires that a matter or thing provided by the Uniform\nShipping Laws Code must be carried out or done to the\nsatisfaction of an Authority or as is directed or approved by an\nAuthority, that matter or thing must be carried out or done to\nthe satisfaction of the Director or a surveyor, shipping\ninspector or shipping officer approved by the Director or a\nshipping inspector appointed under this Act; and\n(b) leaves any matter or thing to be done, determined, applied,\ndispensed with or regulated by an Authority, that matter or\nthing may be done, determined, applied, dispensed with or\nregulated by the Director or a shipping inspector appointed\nunder this Act; and\n(c) provides that an Authority has a discretionary authority in\nrelation to a matter provided for in the Uniform Shipping Laws\nCode, that discretionary authority may be exercised by the\nDirector or by a shipping inspector appointed under this Act.\n\nMarine Act 1981 49\n(7) A reference in this section to the Uniform Shipping Laws Code\nincludes a reference to:\n(a) the National Standard for Commercial Vessels or any other\ndocument issued by the International Maritime Organisation;\nand\n(b) the International Convention for the Safety of Life at Sea; and\n(c) any Australian Standard.\n","sortOrder":90},{"sectionNumber":"199","sectionType":"section","heading":"Examinations and certificates","content":"199 Examinations and certificates\npower to make regulations:\n(a) prescribing the syllabus and the general requirements for\nentry for examinations for certificates; and\n(b) permitting the Minister to determine medical standards for\napplicants for certificates; and\n(c) permitting the Minister to determine the rules for the conduct\nof examinations; and\n(d) specifying the forms required for and in connection with the\ngrant, endorsement, revalidation, suspension, cancellation\nand re-issue of certificates; and\n(e) regarding the recognition to be given to certificates awarded\nelsewhere than in the Territory; and\n(f) prescribing the fees payable in respect of examinations and\nthe issue, endorsement, revalidation or re-issue of certificates.\n","sortOrder":91},{"sectionNumber":"202","sectionType":"section","heading":"Assessors, procedures at formal investigation","content":"202 Assessors, procedures at formal investigation\nThe powers of the Administrator under section 194 include the\npower to make regulations:\n(a) prescribing the method of selection and qualification and the\nnumber of persons to be appointed to assist a person holding\na formal investigation; and\n(b) prescribing the procedure to be adopted in relation to a formal\n\nMarine Act 1981 50\n","sortOrder":92},{"sectionNumber":"203","sectionType":"section","heading":"Safety","content":"203 Safety\npower to make regulations in relation to:\n(a) requiring the approval of the Director for the carriage of\npassengers or a number of passengers in excess of a\nspecified number on board a vessel; and\n(b) permitting the Minister to grant an exemption from a\nrequirement of the Regulations or this Act in respect of the\ncarriage of passengers; and\n(c) prescribing the requirements for and standards of life-saving\nappliances, fire-fighting, radio and miscellaneous equipment\nfor vessels; and\n(d) prescribing the requirements for, and standards of, medicines\nand medical stores; and\n(e) the notification by shippers of intention to ship dangerous\ngoods and the inspection of dangerous goods whilst being\nprepared for shipment; and\n(f) prescribing the marking of weights on heavy packages; and\n(h) prescribing the requirements for the operation, maintenance\nand testing of radio stations in vessels at sea; and\n(j) permitting the Minister to determine the requirements for the\ncarriage of livestock in a vessel; and\n(k) permitting the Minister to determine the safety requirements\nfor the loading and unloading of vessels; and\n(m) prescribing the emergency procedures and the requirements\nrelating to safety of navigation to be observed on vessels;\nand such regulations may be expressed to apply to vessels to\nwhich Part 4 does not apply, and apply accordingly.\n","sortOrder":93},{"sectionNumber":"204","sectionType":"section","heading":"Passengers","content":"204 Passengers\n(a) the number of passengers which may be carried in a vessel;\nand\n\nMarine Act 1981 51\n(b) the conditions under which unberthed passengers may be\ncarried in a vessel.\n","sortOrder":94},{"sectionNumber":"206","sectionType":"section","heading":"Collisions","content":"206 Collisions\npower to make regulations with respect to the prevention or\nreporting of collisions.\n","sortOrder":95},{"sectionNumber":"208","sectionType":"section","heading":"Navigational aids","content":"208 Navigational aids\n(1) The power of the Administrator under section 194 includes the\n(b) the returns to be made and the information to be supplied to\nthe Director by the owner of an aid; and\n(c) the specifications of aids.\n(2) The power of the Administrator under subsection (1) includes the\npower to enable the Minister to exempt a vessel or class of vessels\nfrom liability to pay contributions.\n","sortOrder":96},{"sectionNumber":"210","sectionType":"section","heading":"Recreational vessels","content":"210 Recreational vessels\n(a) the appointment of registration officers; and\n(b) the registration and marking of recreational vessels; and\n(c) the licensing of persons operating or using recreational\nvessels; and\n(d) the operation and navigation of recreational vessels; and\n(e) the equipment to be carried on board recreational vessels;\nand\n(f) the survey and inspection of recreational vessels; and\n(g) fees payable in respect of any registration, licence, inspection\nor other matter included in the Regulations.\n\nMarine Act 1981 52\n","sortOrder":97},{"sectionNumber":"211","sectionType":"section","heading":"Air-cushioned vehicles","content":"211 Air-cushioned vehicles\npower to make regulations prescribing, in relation to air-cushioned\nvehicles, those matters that may be prescribed in relation to\nrecreational vehicles under section 210 and those regulations apply\naccordingly.\n","sortOrder":98},{"sectionNumber":"211A","sectionType":"section","heading":"Further regulation-making powers","content":"211A Further regulation-making powers\npower to make regulations in relation to:\n(a) regulating and controlling persons using mooring facilities\nincluding prohibiting specified activities when using those\nfacilities; and\n(b) regulating the speed of vessels within specified areas; and\n(c) regulating and controlling the erection of structures and the\nanchoring of vessels.\n","sortOrder":99},{"sectionNumber":"213","sectionType":"section","heading":"Marine Appeals Tribunal","content":"213 Marine Appeals Tribunal\n(a) a person had lodged an appeal with the former Tribunal; but\n(b) the former Tribunal had not determined the appeal.\n(2) The former Tribunal must hear, or continue to hear, and determine\nthe appeal in accordance with the former Act, as if the\namendments had not commenced.\n(3) In this section:\namendments means the amendments made to this Act by Part 15,\nDivision 2, Subdivision 2 of the Ports Management Act 2015.\nformer Act means this Act as in force immediately before the\ncommencement of the amendments.\nformer Tribunal means the Marine Appeals Tribunal of the\nNorthern Territory established by section 10 of the former Act.\n\n","sortOrder":100},{"sectionNumber":"Div 3","sectionType":"division","heading":"Ports Management (Repeals and Related and Consequential Amendments)","content":"Division 3 Ports Management (Repeals and Related and Consequential Amendments)\nAct 2015\nMarine Act 1981 53\nDivision 3 Ports Management (Repeals and Related and\nConsequential Amendments) Act 2015\n","sortOrder":101},{"sectionNumber":"214","sectionType":"section","heading":"Definitions","content":"214 Definitions\namendments means the amendments made to this Act by\nsections 31, 32 and 37 of the Ports Management (Repeals and\nRelated and Consequential Amendments) Act 2015.\nformer Act means this Act as in force immediately before the\ncommencement of the amendments.\n","sortOrder":102},{"sectionNumber":"215","sectionType":"section","heading":"Appeals made to Local Court","content":"215 Appeals made to Local Court\n(a) a person had lodged an appeal with the Local Court against a\ndecision of the Director; but\n(b) the Local Court had not determined the appeal.\n(2) The Local Court must hear, or continue to hear, and determine the\nappeal in accordance with the former Act, as if the amendments\nhad not commenced.\n","sortOrder":103},{"sectionNumber":"216","sectionType":"section","heading":"Appeals not yet made to Local Court","content":"216 Appeals not yet made to Local Court\n(a) a person had a right to appeal to the Local Court against a\ndecision of the Director and the period for doing so had not\nexpired; but\n(b) the person entitled to appeal had not done so.\n(2) The person may appeal to the Local Court on and after the\ncommencement in accordance with the former Act, as if the\namendments had not commenced.\n(3) The Local Court must hear and determine the appeal in\naccordance with the former Act, as if the amendments had not\ncommenced.\n\nMarine Act 1981 54\nPART I ACTS OF SOUTH AUSTRALIA\nsection 3(1)\nNumber\nand year\nof Act\nTitle Extent to which Act\nceases to apply as laws\nof the Territory\nof 1881\nMarine Board and Navigation Act,\nSections 6 to 241\n(inclusive) and 281\nto 402 (inclusive) and\nthe Schedules\nof 1891\nMarine Board and Navigation Act\nAmendment Act, 1981\nof 1893\nAn Act to amend the \"Marine Board\nand Navigation Act, 1881\"\nof 1894\nMarine Board and Navigation Act\nAmendment Act, 1894\nof 1897\nAmendment Act, 1897\nof 1902\nAmendment Act, 1902\nof 1906\nFurther Amendment Act, 1906\n\nMarine Act 1981 55\nPART III NORTHERN TERRITORY ORDINANCES\nsection 3(2)\nNumber and year of Ordinance Extent of Repeal\nMarine Ordinance 1911 (No. 5 of 1911) Sections 4 and 6\nMarine Ordinance 1939 (No. 1 of 1939) The whole Ordinance\nMarine Ordinance 1948 (No. 10 of 1948) The whole Ordinance\nMarine Ordinance 1952 (No. 11 of 1952) The whole Ordinance\nMarine Ordinance 1956 (No. 12 of 1956) The whole Ordinance\nMarine Board and Navigation The whole Ordinance\nOrdinance 1964 (No. 70 of 1964)\n\nMarine Act 1981 56\nAmendments to Marine Board and Navigation Act, 1881 of the State of South\nAustralia in its application to the Territory as a law of the Territory\nsection 4(1)\nSection Amendment\nomit Substitute\n244 \"province\"\n\"100 dollars\"\n\"10 penalty units\"\n245 \"200 dollars\" \"20 penalty units\"\n246 \"200 dollars\" \"20 penalty units\"\n248 \"any Collector or principal\nofficer of Customs, Special\nMagistrate, Justice,\"\n\"any Local Court Judge,\njustice of the peace\"\n250 \"200 dollars\" \"20 penalty units\"\n251 \"province\" \"Territory\"\n252 \"province\"\n\"200 dollars\" (twice occurring)\n\"20 penalty units\"\n253 \"10 dollars\" \"1 penalty unit\"\n254 \"Custom House or Board\nOffice\"\n\"Police Station\"\n255 \"10 dollars\" \"1 penalty unit\"\n257 \"province\" \"Territory\"\n258 \"province\" (twice occurring) \"Territory\"\n259 \"province\" (twice occurring) \"Territory\"\n261 \"province\" (twice occurring) \"Territory\"\n262 \"Parliament\" \"Legislative Assembly\"\n\nMarine Act 1981 57\n263 \"600 dollars\" (wherever\n\"Special Magistrate\"\n\"or by the Court of Vice-\nAdmiralty of the province,\"\n\"60 penalty units\"\n\"Local Court Judge\"\n265 \"special magistrate or 2\njustices\"\n\"Local Court Judge or 2\njustices of the peace\"\n266 \"10 dollars\" \"1 penalty unit\"\n268 \"or to the Court of Vice-\nAdmiralty of the province;\"\n\"100 dollars\"\n\"2 penalty units\"\n270 \"2,000 dollars\" (twice\n\"200 penalty units\"\n272 \"2,000 dollars\" (twice\n\"200 penalty units\"\n275 \"province\" (twice occurring)\" \"Territory\"\n277 \"province\"\n\"100 dollars\" (twice occurring)\n\"10 penalty units\"\n278 \"province\" (twice occurring) \"Territory\"\n279 \"any Supreme Court or of the\nCourt of Vice-Admiralty of the\nprovince\"\n\"or in the Court of Vice-\nAdmiralty of the province;\"\n\"the Supreme Court\"\n280 \"province\" (first occurring)\n\"600 dollars\"\n\"or the Court of Vice-\nAdmiralty of the province\"\n\"60 penalty units\"\n\nMarine Act 1981 58\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMarine Act 1981 (Act No. 93, 1981)\nAssent date 2 November 1981\nCommenced ss 129 – 142: nc; rem: 31 March 1982 (Gaz G12,\n","sortOrder":104},{"sectionNumber":"26","sectionType":"section","heading":"March 1982, p 6)","content":"26 March 1982, p 6)\nStatute Law Revision Act 1982 (Act No. 21, 1982)\nAssent date 27 April 1982\nCommenced 27 April 1982\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nStatute Law Revision Act 1985 (Act No. 49, 1985)\nAssent date 1 October 1985\nCommenced 1 October 1985\nStatute Law Revision Act 1987 (Act No. 9, 1987)\nAssent date 27 May 1987\nCommenced 27 May 1987\nMarine Amendment Act 1989 (Act No. 16, 1989)\nAssent date 15 June 1989\nCommenced 1 July 1992 (Gaz G26, 1 July 1992, p 5)\n\nMarine Act 1981 59\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nMarine Amendment Act 1994 (Act No. 76, 1994)\nAssent date 30 December 1994\nCommenced 1 January 1995 (s 2)\nMedical (Consequential Amendments) Act 1995 (Act No. 8, 1995)\nAssent date 10 April 1995\nCommenced 1 June 1995 (s 2, s 2 Medical Act 1995 and Gaz S21,\n1 June 1995)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced s 25(1) 20 September 1999 (s 2(2), s 2 Darwin Port Authority\nAmendment Act 1998 (Act No. 80, 1998) and Gaz S37,\n1 September 1999)\nStatute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\nAssent date 10 November 1999\nCommenced 10 November 1999\nMarine Amendment Act 2000 (Act No. 52, 2000)\nAssent date 14 November 2000\nCommenced 2 April 2001 (Gaz S16, 2 April 2000, p 1)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nMarine Amendment Act 2005 (Act No. 10, 2005)\nAssent date 17 March 2005\nCommenced 17 March 2005\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nAssembly Members and Statutory Officers (Remuneration and Other Entitlements)\nAct 2006 (Act No. 7, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\n\nMarine Act 1981 60\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012); rem:\n","sortOrder":105},{"sectionNumber":"25","sectionType":"section","heading":"November 2011 (Gaz S68, 25 November 2011)","content":"25 November 2011 (Gaz S68, 25 November 2011)\nDarwin Port Corporation Legislation Amendment Act 2011 (Act No. 11, 2011)\nAssent date 18 April 2011\nCommenced ss 5(3) and (4) and 9: 12 December 2011 (Gaz S72,\n","sortOrder":106},{"sectionNumber":"12","sectionType":"section","heading":"December 2011); rem: 4 July 2012 (Gaz G27, 4 July 2012,","content":"12 December 2011); rem: 4 July 2012 (Gaz G27, 4 July 2012,\np 5)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 (Gaz S3, 27 January 2012); rem:4 July 2012\n(amdts to Darwin Port Corporation Act and Marine Act listed in\nthe Sch to Act) Gaz G27, 4 July 2012, p 4)\nMarine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013\n(Act No. 11, 2013)\nAssent date 29 May 2013\nCommenced 1 July 2013 (Gaz S24, 25 June 2013)\nPorts Management Act 2015 (Act No. 11, 2015)\nAssent date 22 May 2015\nCommenced pt 14, div 1: (rep by Act No. 33, 2019 before comm); pt 15,\ndiv 2: 1 July 2015; rem: 9 June 2015 (Gaz S57, 9 June 2015,\np 2)\nPorts Management (Repeals and Related Consequential Amendments) Act 2015 (Act\nNo. 12, 2015)\nAssent date 22 May 2015\nCommenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and\n54 to 56: (Act rep by 20/2020 before comm); rem: 1 July 2015\n(Gaz S57, 9 June 2015, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nFisheries Legislation Amendment Act 2016 (Act No. 23, 2016)\nAssent date 9 June 2016\nCommenced 1 January 2017 (Gaz G51, 21 December 2016, p 12)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\n\nMarine Act 1981 61\nStatute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 7, 106, 107, 129, 141, 142,\n146 and 151.\n4 LIST OF AMENDMENTS\npt I hdg amd No. 11, 2011, s 30\ns 4 amd No. 11, 2011, s 30; No. 12, 2015, s 9\ns 6 amd No. 11, 2011, s 30\ns 7 amd No. 49, 1985, s 4; No. 9, 1987, s 2; No. 16, 1989, s 4; No. 28, 1993, s 3;\nNo. 76, 1994, s 6; No. 8, 1995, s 4; No. 52, 2000, s 4; No. 10, 2005, s 3;\nNo. 44, 2005, s 22; No. 11, 2011, ss 13 and 30; No. 11, 2013, s 24; No. 11,\n2015, s 174; No. 12, 2015, s 10; No. 9, 2023, s 10\ns 7A ins No. 12, 2015, s 11\npt II hdg amd No. 11, 2011, s 30\npt II\ns 8 amd No. 16, 1989, s 5; No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015,\ns 12; No. 1, 2022, s 6\ns 8A ins No. 76, 1994, s 4\ns 9 amd No. 11, 2011, s 30\nrep No. 11, 2013, s 25\npt 2\ndiv 2 hdg rep No. 11, 2015, s 175\ns 10 amd No. 11, 2011, s 30\ns 11 amd No. 44, 2005, s 35; No. 11, 2011, s 14\ns 12 rep No. 11, 2015, s 175\ns 13 amd No. 11, 2011, s 30\ns 14 rep No. 11, 2015, s 175\ns 17 amd No. 11, 2011, s 30; No. 11, 2013, s 26\nss 18 – 19 amd No. 11, 2011, s 30\ns 20 amd No. 16, 1989, s 6; No. 7, 2006, s 30; No. 11, 2011, s 30\nss 21 – 22 amd No. 11, 2011, s 30\npt III hdg amd No. 11, 2011, s 30\ns 23 amd No. 16, 1989, s 7; No. 52, 2000, s 5; No. 11, 2011, s 30\ns 24 rep No. 52, 2000, s 6\npt 3\ndiv 2 hdg rep No. 11, 2013, s 27\ns 25 amd No. 16, 1989, s 8; No. 52, 2000, ss 7 and 27; No. 11, 2011, s 30\n\nMarine Act 1981 62\nss 26 – 27 amd No. 52, 2000, s 27; No. 11, 2011, s 30\npt 3\ndiv 3 hdg rep No. 11, 2013, s 27\ns 28 amd No. 52, 2000, s 8; No. 11, 2011, s 30\ns 29A ins No. 16, 1989, s 9\ns 30 amd No. 16, 1989, s 10\ns 31 amd No. 16, 1989, s 11\ns 32 amd No. 52, 2000, ss 9 and 27; No. 11, 2011, s 30\nss 33 – 34 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 35 rep No. 11, 2013, s 27\ndiv 4 hdg rep No. 52, 2000, s 10\nss 36 – 46 rep No. 52, 2000, s 10\ns 47 amd No. 17, 1996, s 6\nrep No. 52, 2000, s 10\nss 48 – 50 rep No. 52, 2000, s 10\ns 51 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ndiv 6 hdg rep No. 52, 2000, s 10\nss 52 – 56 rep No. 52, 2000, s 10\ndiv 7 hdg rep No. 52, 2000, s 10\nss 57 – 63 rep No. 52, 2000, s 10\ndiv 8 hdg rep No. 52, 2000, s 10\nss 64 – 68 rep No. 52, 2000, s 10\nss 69 – 71 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 72 amd No. 52, 2000, ss 11 and 27; No. 11, 2011, s 30\ns 73 amd No. 52, 2000, s 12; No. 11, 2011, s 30\ns 74 amd No. 11, 2011, s 30\npt IV hdg amd No. 11, 2011, s 30\ns 75 amd No. 16, 1989, s 12; No. 52, 2000, s 13; No. 11, 2011, s 30\ns 76 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 77 amd No. 16, 1989, s 13; No. 11, 2011, s 30\ns 78 amd No. 52, 2000, s 27; No. 11, 2011, s 30\npt 4\ndiv 2 hdg rep No. 11, 2013, s 27\n\nMarine Act 1981 63\ns 79 sub No. 16, 1989, s 14\ns 80 amd No. 52, 2000, ss 14 and 27; No. 11, 2011, s 30\nss 81 – 83 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 84 amd No. 11, 2011, s 30; No. 44, 2011, s 27\ns 85 amd No. 52, 2000, s 15; No. 11, 2011, s 30\ns 86 amd No. 52, 2000, s 16; No. 11, 2011, s 30\ns 87 sub No. 16, 1989, s 15\ns 88 amd No. 16, 1989, s 16; No. 52, 2000, s 17; No. 11, 2011, s 30\ns 89 amd No. 52, 2000, s 27; No. 11, 2011, s 30\npt 4\ndiv 3 hdg rep No. 11, 2013, s 27\ns 90 amd No. 52, 2000, s 18\ns 91 amd No. 11, 2011, s 30\ns 92 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 93 amd No. 52, 2000, s 27; No. 11, 2011, s 15\ns 94 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 95 amd No. 54, 2004, s 7\nsub No. 11, 2013, s 28\ns 96 amd No. 11, 2011, s 30; No. 11, 2013, s 29\ns 97 amd No. 16, 1989, s 17; No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015,\ns 13\ns 98 amd No. 52, 2000, s 19\nsub No. 11, 2013, s 30\nss 99 – 101 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nrep No. 11, 2013, s 30\ns 102 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2015, s 176; No. 12,\n2015, s 14\ns 103 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nrep No. 11, 2013, s 31\ns 104 amd No. 11, 2011, s 30\ns 105 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2015, s 177; No. 12,\n2015, s 15\ns 106 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2013, s 32\nsub No. 11, 2015, s 178\namd No. 12, 2015, s 16\ns 107 amd No. 17, 1996, s 6; No. 11, 2015, s 179\nsub No. 12, 2015, s 17\ndiv 6 hdg amd No. 11, 2011, s 30\ns 108 amd No. 21, 1982, s 2\nsub No. 11, 2013, s 33\nrep No. 1, 2022, s 7\n\nMarine Act 1981 64\ns 109 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nsub No. 11, 2013, s 33\nsub No. 12, 2015, s 18\ns 110 amd No. 16, 1989, s 18; No. 52, 2000, ss 20 and 27; No. 11, 2011, s 30;\nNo. 12, 2015, s 19\ns 111 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nrep No. 11, 2013, s 34\ns 112 sub No. 16, 1989, s 19\namd No. 52, 2000, s 21; No. 11, 2011, s 30\nsub No. 12, 2015, s 20; No. 1, 2022, s 8\nss 113 – 114 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nrep No. 11, 2013, s 34\ns 115 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015, s 21\ns 115A ins No. 16, 1989, s 20\nsub No. 12, 2015, s 22\ns 115B ins No. 16, 1989, s 20\nsub No. 12, 2015, s 22; No. 1, 2022, s 9\ndiv 6A hdg ins No. 16, 1989, s 20\ns 115C\nins No. 16, 1989, s 20\ns 115D ins No. 16, 1989, s 20\namd No. 11, 2011, s 30; No. 11, 2015, s 180; No. 12, 2015, s 23\npt 4\ndiv 7 hdg sub No. 11, 2013, s 35\ns 116 amd No. 11, 2013, s 36\ns 117 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nrep No. 11, 2013, s 37\nins No. 12, 2015, s 24\ns 118 amd No. 7, 2007, s 16; No. 11, 2011, s 30; No. 11, 2013, s 38; No. 11, 2015,\ns 181\ns 119 amd No. 11, 2011, s 30; No. 11, 2013, s 39\nsub No. 11, 2015, s 182\ns 120 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2013, s 40; No. 12, 2015,\ns 25\ns 121 amd No. 11, 2011, s 30\ns 122 amd No. 16, 1989, s 21; No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2013,\ns 41; No. 11, 2015, s 183\ns 123 amd No. 11, 2011, s 30\nrep No. 11, 2013, s 42\ns 124 amd No. 11, 2011, s 30; No. 11, 2013, s 43\ns 125 amd No. 11, 2011, s 30; No. 11, 2013, s 44\ns 126 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nsub No. 11, 2013, s 42\ns 127 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015, s 26\ns 128 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015, s 27\npt V hdg sub No. 76, 1994, s 5\ns 129 sub No. 76, 1994, s 5\namd No. 52, 2000, s 22; No. 23, 2016, s 69\ns 130 sub No. 76, 1994, s 5\ns 131 sub No. 76, 1994, s 5\namd No. 17, 1996, s 6; No. 11, 2011, s 30\nss 132 – 133 sub No. 76, 1994, s 5\n\nMarine Act 1981 65\ns 134 sub No. 76, 1994, s 5\namd No. 48, 1999, s 3; No. 17, 2001, s 21; No. 11, 2011, s 30\ns 135 sub No. 76, 1994, s 5\namd No. 11, 2011, s 30; No. 11, 2013, s 46; No. 12, 2015, s 28\ns 136 sub No. 76, 1994, s 5\ns 137 sub No. 76, 1994, s 5\ns 138 sub No. 76, 1994, s 5\ns139 sub No. 76, 1994, s 5\namd No. 11, 2011, s 30; No. 11, 2013, s 47; No. 12, 2015, s 29\ns 140 sub No. 76, 1994, s 5\namd No. 11, 2011, s 30; No. 11, 2013, s 48\nsub No. 12, 2015, s 30\ns 141 sub No. 76, 1994, s 5\namd No. 11, 2011, s 16; No. 12, 2015, s 31\ns 142 sub No. 76, 1994, s 5; No. 12, 2015, s 32\ns 142A ins No. 76, 1994, s 5\namd No. 17, 2001, s 21; No. 11, 2011, s 30; No. 11, 2013, s 49\ns 142B ins No. 30, 2010, s 39\npt VI hdg amd No. 11, 2011, s 30\npt VI\ns 143 amd No. 11, 2011, s 30\ns 144 amd No. 11, 2011, s 30; No. 11, 2013, s 50\ns 144A ins No. 11, 2015, s 184\ns145 amd No. 11, 2011, s 30\ns 147 amd No. 11, 2011, s 30\ns 148 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015, s 33\ns 149 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015, s 34\nss 150 – 151 amd No. 11, 2011, s 30\ns 152 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 12, 2015, s 35\ns 153 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nrep No. 12, 2015, s 36\nss 154 – 155 amd No. 52, 2000, s 27; No. 11, 2011, s 30\nsub No. 12, 2015, s 36\ns 156 amd No. 11, 2011, s 30\ns 157 amd No. 11, 2011, s 30; No. 11, 2013, s 51\npt VII hdg amd No. 11, 2011, s 30\npt VII\ns 158 amd No. 11, 2011, s 30\ns 159 rep No. 11, 2015, s 185\npt 7\ndiv 2 hdg rep No. 11, 2015, s 185\ns 160 amd No. 11, 2011, s 30\ns 161 amd No. 16, 1989, s 22; No. 92, 1998, s 25; No. 11, 2011, s 17\npt 7\ndiv 3 hdg rep No. 11, 2015, s 185\ns 162 amd No. 11, 2011, s 30\ns 163 amd No. 52, 2000, s 27; No. 11, 2011, s 30\n\nMarine Act 1981 66\ns 164 rep No. 16, 1989, s 23\ns 165 amd No. 16, 1989, s 24; No. 52, 2000, s 27; No. 11, 2011, s 30\ns 166 amd No. 52, 2000, s 27\nsub No. 11, 2011, s 18\ns 167 rep No. 11, 2015, s 185\ns 168 amd No. 11, 2011, s 30\ns 169 amd No. 17, 1996, s 6\npt 7\ndiv 4 hdg rep No. 11, 2015, s 185\ns 170 rep No. 11, 2015, s 185\ns 171 amd No. 52, 2000, s 23\nsub No. 11, 2011, s 19\ns 172 amd No. 11, 2011, s 20\ns 173 amd No. 11, 2011, s 21\ns 174 amd No. 52, 2000, s 27\nrep No. 11, 2011, s 22\nss 175 – 176 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 177 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2013, s 52\ns 178 amd No. 11, 2011, s 23\ns 180 amd No. 52, 2000, s 27; No. 11, 2011, s 30\ns 181 sub No. 11, 2011, s 24\npt VII\ndiv 4A hdg ins No. 11, 2011, s 25\nss 181A –\n181G ins No. 11, 2011, s 25\npt 7\ndiv 5 hdg rep No. 11, 2015, s 185\ns 182 amd No. 16, 1989, s 25; No. 11, 2011, s 30\ns 183 amd No. 11, 2011, s 30\ns 184 sub No. 11, 2011, s 26\ns 185 rep No. 11, 2011, s 26\npt VIII hdg amd No. 11, 2011, s 30\ns 186 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2013, s 53\nss 187 – 188 amd No. 11, 2011, s 30\ns 188A ins No. 16, 1989, s 26\namd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2015, s 186\nsub No. 12, 2015, s 37\ns 188B ins No. 16, 1989, s 26\namd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2015, s 187; No. 12,\n2015, s 38\ns 188C ins No. 12, 2015, s 39\ns 188CA ins No. 1, 2022, s 10\n\nMarine Act 1981 67\ns 188D ins No. 12, 2015, s 39\ns 189 amd No. 11, 2011, s 27; No. 11, 2013, s 54\ns 190 amd No. 11, 2011, s 30\ns 191 amd No. 17, 1996, s 6; No. 11, 2011, s 30\nrep No. 9, 2016, s 31\ns 191AA ins No. 16, 1989, s 27\nrep No. 12, 2015, s 40\ns 191A ins No. 68, 1983, s 72\namd No. 76, 1994, s 6; No. 54, 2004, s 7; No. 11, 2011, s 28; No. 11, 2013,\ns 55\nrep No. 12, 2015, s 40\nss 192 – 193 amd No. 11, 2011, s 30\npt IX hdg amd No. 11, 2011, s 30\ns 194 amd No. 52, 2000, s 27; No. 11, 2011, s 30; No. 11, 2013, s 56; No. 11, 2015,\ns 188\ns 195 amd No. 11, 2013, s 57\ns 196 amd No. 16, 1989, s 28; No. 52, 2000, s 24; No. 11, 2011, s 30; No. 11, 2013,\ns 58; No. 11, 2015, s 189; No. 9, 2023, s 11\nss 197 – 198 amd No. 11, 2011, s 30\nrep No. 11, 2013, s 59\ns 199 amd No. 11, 2011, s 30\ns 200 amd No. 11, 2011, s 30\nrep No. 11, 2013, s 59\ns 201 rep No. 52, 2000, s 25\ns 202 amd No. 11, 2015, s 190\ns 203 amd No. 11, 2011, s 30; No. 11, 2013, s 60\ns 205 amd No. 11, 2011, s 30\nrep No. 11, 2013, s 61\ns 206 amd No. 11, 2013, s 62\nsub No. 11, 2015, s 191\ns 207 rep No. 76, 1994, s 6\ns 208 amd No. 11, 2011, s 30; No. 11, 2015, s 192\ns 209 amd No. 11, 2011, s 30\nrep No. 11, 2015, s 193\ns 210 amd No. 11, 2011, s 30; No. 11, 2013, s 63\ns 211 sub No. 52, 2000, s 26\namd No. 11, 2013, s 64\ns 211A ins No. 11, 2015, s 194\npt 10 hdg ins No. 11, 2011, s 29\nsub No. 11, 2015, s 195\ndiv 1 hdg ins No. 11, 2015, s 195\nrep No. 12, 2015, s 41\ns 212 ins No. 11, 2011, s 29\nrep No. 12, 2015, s 41\ndiv 2 hdg ins No. 11, 2015, s 196\ns 213 ins No. 11, 2015, s 196\ndiv 3 hdg ins No. 12, 2015, s 42\nss 214 – 216 ins No. 12, 2015, s 42\nsch 2 amd No. 11, 2013, s 64; No. 9, 2016, s 32","sortOrder":107}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2920},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1981 as comprehensive shipping legislation, the Act's scope has been significantly restructured through major amendments. The 2013 adoption of the Commonwealth Marine Safety National Law transferred regulation of domestic commercial vessel safety (survey, certification, crewing) to that national framework, resulting in the repeal of entire Parts (formerly Part 3 on certification and Part 4 Divisions on construction and equipment). Conversely, the 2015 Ports Management Act removed all port and pilotage functions from this Act (repealing former Part 7). The Act has expanded in other areas, adding specific licensing schemes for commercial tourism operations (Part 5) and detailed provisions for wrecked vessel removal (Division 6A) that did not exist in the original legislation."},"complexity_factors":["Extensive definitions section with over 30 defined terms including technical maritime concepts like 'off-shore industry mobile unit', 'marine incident', and 'air-cushioned vehicle'","Heavy cross-referencing to external legislation including the Commonwealth Marine Safety National Law, Navigation Act 2012, and Ports Management Act 2015, creating a layered regulatory framework","Multiple transitional provisions (Part 10) dealing with three different appellate pathways (Marine Appeals Tribunal, Local Court, and Civil and Administrative Tribunal) due to successive legislative reforms","Frequent use of strict liability offences paired with 'reasonable excuse' defences, creating conditional logic throughout safety and licensing provisions","Incorporation by reference of international maritime codes including the International Maritime Dangerous Goods Code (IMDG Code), SOLAS Convention, and Uniform Shipping Laws Code","Nested exceptions and qualifications, such as section 106(5) which provides a defence to a defence by referencing compliance with other Acts","Jurisdictional complexity where many provisions apply only outside 'designated ports' (controlled by separate legislation), requiring readers to check multiple Acts to determine applicable law","Historical layering visible in endnotes showing over 40 amending Acts since 1981, with many sections repealed, substituted, or renumbered"],"plain_english_summary":"This is the Northern Territory’s main law for regulating ships and boating activities in local waters. It sets the rules to keep people safe on the water, prevent pollution, and manage commercial vessel operations.\n\n**Who it affects:**\n• **Recreational boaters** – people using pleasure craft or hire-and-drive vessels\n• **Commercial operators** – businesses running tourist cruises, charters, or transport services for fee or reward\n• **Ship owners and masters** (captains) – anyone in charge of a vessel, from fishing boats to offshore industry vessels\n• **People installing structures** – anyone building jetties, moorings, or other structures in the water\n\n**What it does:**\n\n**1. Safety requirements**\nThe Act prohibits **unsafe ships** from going to sea. A vessel is considered unsafe if it is unfit for its voyage due to defects, overloading, or insufficient crew. It also regulates **dangerous goods** (hazardous materials), requiring proper packing, marking, and handling to prevent fires or explosions.\n\n**2. Licensing commercial operations**\nThe Minister can declare certain commercial services (like tourist cruises or water taxis) as \"declared services.\" Operating these without a licence is an offence. Licences can include conditions about routes, timetables, and safety standards, and can be cancelled if the operator is no longer \"fit and proper\" (for example, if they are bankrupt or have committed serious safety offences).\n\n**3. Marine incidents and investigations**\nMasters must report **marine incidents** (collisions, groundings, injuries, deaths, or near-misses) to the Director. Formal investigations can be held into serious incidents, with powers to compel evidence and cancel the certificates of incompetent or negligent crew members.\n\n**4. Wrecked vessels**\nIf a ship is wrecked, stranded, or sunk, the Director can order the owner to remove it. If the owner cannot be found or refuses, the Director can remove or destroy the wreck and recover costs from the owner.\n\n**5. Navigational aids**\nThe Act controls lighthouses, beacons, buoys, and other navigation markers. It is an offence to damage these aids, moor vessels to them, or establish private aids without approval.\n\n**6. Enforcement powers**\n**Shipping inspectors** (and police) have broad powers to board vessels, inspect documents, question crew, and detain unsafe vessels. The Director can close waters to shipping for up to 48 hours for safety reasons (or longer if the Minister orders it), and can approve or prohibit structures being built in the water.\n\n**Why it matters:**\nThe law ensures that vessels operating in Territory waters meet safety standards, that commercial operators are properly vetted and licensed, that dangerous cargoes are handled safely, and that the government can respond to wrecks and maritime emergencies to protect life and the marine environment."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially evolved from a basic navigation and port safety statute into a broader instrument that integrates national and international technical standards, confers extensive operational discretion on the Director and Minister, and regulates commercial services by licence. Over time (see Endnotes and list of amendments) it has been amended to adopt the Marine Safety National Law, to incorporate the Uniform Shipping Laws Code, to add licensing of declared services, powers over navigational aids and closures of waters, and to interact with the Ports Management Act. Those changes broaden its practical scope from primarily navigation safety to a mixed regulatory regime covering commercial licensing, infrastructure control, incident investigation, and administrative enforcement, increasing coordination with Commonwealth and national frameworks (see ss 129–136, 147–157, 186–188, 194–196)."},"complexity_factors":["Extensive interpretation section (s 7) with over 50 defined terms and multiple technical definitions (vessel classes, certificates, operations).","Numerous cross‑references to external laws and instruments: Marine Safety National Law, Uniform Shipping Laws Code, Navigation Act 2012 (Cth), Dangerous Goods Act, Ports Management Act (multiple sections).","Broad delegation and discretionary powers: substantial powers delegated to Director, Minister, shipping inspectors and Administrator (ss 8, 21, 147, 193, 194).","High volume of conditional rules and exceptions: many provisions exclude designated ports or apply only to specified classes (rec. vessels vs commercial vessels) with repeated 'does not apply to a designated port' clauses.","Multiple strict‑liability offences and criminal provisions scattered throughout Parts 4–8, increasing legal complexity and evidential issues (e.g. ss 105(1A), 106(3A), 112(4), 117(2), 188B(3A)).","Incorporation by reference of external technical codes (s 196) creates layered complexity — legislative text plus code versions and Gazette notices.","Large regulatory power granting detailed rulemaking (s 194) and many subordinate regulation topics (ss 199–211), producing numerous possible delegated instruments.","Transitional and amendment history (many amending Acts and repeals) increases interpretive complexity for historical rights and current application (Endnotes and Schedule 2)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a regulatory framework for vessels and shipping activity in Northern Territory waters (see ss 6, 7, 144). It sets safety rules, offence provisions, inspection and detention powers, licensing for some commercial marine operations, and rules about navigational aids (lighthouses, buoys, private markers) (Parts 4–6, 8).\n\n- Gives the Territory’s Director (the chief executive of the responsible Agency) and the Minister broad operational powers:\n  - to appoint and empower shipping inspectors and to instruct them to inspect vessels and premises and require documents and answers (s 8);\n  - to detain vessels that are unsafe or likely to go to sea in breach of safety rules (ss 95–97, 186–188);\n  - to give directions about hazardous or dangerous goods and to require packing, marking and carriage standards (ss 102, 104–107);\n  - to establish, control or take possession of navigational aids and to require owners to alter or remove lights or structures that affect navigation (ss 145–157);\n  - to appoint inquiries and conduct formal investigations into marine incidents with powers to compel evidence (ss 118–124).\n\n- Incorporates and delegates rule‑making and technical standards to other instruments:\n  - it can adopt the Uniform Shipping Laws Code and other international and national standards by regulation (s 196);\n  - it applies aspects of the Marine Safety (Domestic Commercial Vessel) National Law and cross‑references federal Navigation and other Acts for technical matters (s 7 definitions, ss 194–199).\n\n- Creates criminal and civil consequences: a set of offences with penalties (fines and some imprisonment), including multiple strict‑liability offences (for example, failing to report incidents, contravening directions about dangerous goods, breaching navigation rules) (see ss 97, 102, 105, 112, 115B, 117, 120, 142B, and many others).\n\n\n**Who the law affects**\n\n- Owners, masters and operators of vessels (commercial, domestic commercial, recreational, fishing vessels, air‑cushioned vehicles) operating in Northern Territory waters (definitions in s 7 and application in ss 95, 98, 116, 129).\n- Commercial operators who run services declared by Gazette to require licences (Part 5, ss 131–140).\n- Makers and maintainers of navigational aids and persons erecting structures in or below the high water mark (ss 147–152, 188A).\n- Shipping inspectors, police and Director (who exercise regulatory powers).\n- Passengers and the public affected by safety, closures and navigation rules (Divisions 7–8, ss 188B–188C).\n\n\n**Why it matters (stated purposes and practical effects)**\n\n- Official purpose: to regulate shipping in the Territory and to give effect locally to the Uniform Shipping Laws Code and related national/international standards (long title; s 196).\n\n- Practical effects and incentives:\n  - Safety: creates duties on masters/owners to keep vessels seaworthy and to give assistance after collisions; failure risks large penalties and detention of vessels (ss 97, 109, 186–188).\n  - Compliance and monitoring: empowers inspectors and the Director to inspect vessels, require records and answers, and to order removal or rectification of hazards — increasing administrative and compliance activity for operators (ss 8, 119–121, 139).\n  - Commercial entry control: the Minister may declare services that require licences; operators must obtain licences to run declared services, meet fit‑and‑proper and safety conditions, and can be inspected and penalised for non‑compliance (ss 131–140, 136, 139–141).\n  - Delegation to technical instruments: by adopting the Uniform Shipping Laws Code and the Marine Safety National Law, the Act offloads detailed technical standards and updates to external codes and regulations; operators must track those changes once incorporated (s 196, ss 194–199).\n  - Cost allocation: owners/operators bear fines, costs of wreck removal or rectification of aids, and may be required to pay for Director action taken when owners do not comply (ss 115D, 107, 156). The Territory can recover costs by sale of recovered wreck (s 115D(2)–(3)).\n\n\n**Key trade‑offs, burdens and implementation risks (mechanical testing of claims)**\n\n- Concentration of decision power: the Director and Minister have broad discretionary powers (appoint inspectors, detain vessels, require licence conditions, order removal of aids, close waters) (ss 8, 21, 129–136, 147, 188B–188C). That concentrates operational decisions in the executive which reduces legislative detail but increases administrative discretion and the need for clear decision records.\n\n- Compliance burden on small operators and recreational users: the Act covers recreational vessels for safety (Division 4) and subjects commercial operations to licensing and inspection — this imposes paperwork, potential licence fees (regulation‑made), and obligations to follow incorporated codes (ss 95–98, 129–140, ss 194–211).\n\n- Regulatory updating through incorporation: adopting external codes (Uniform Shipping Laws Code, Marine Safety National Law) keeps technical standards current (s 196) but requires stakeholders to monitor amendments once they are Gazette‑published; the Act only brings Ministerial Council amendments into force after Gazette notice (s 196(4)), which introduces lags and administrative steps.\n\n- Multiple strict‑liability offences: numerous provisions apply strict liability (for example ss 105(1A), 106(3A), 112(4), 115(3), 117(2), 188B(3A)), shifting evidential burdens onto defendants and increasing legal risk for operators and masters.\n\n- Potential costs to owners: the Act authorises the Territory to incur and recover removal/repair costs and to sell wreckage or goods to defray costs (ss 115D, 107, 156). Owners therefore face direct financial exposure for clean‑up, salvage or rectification.\n\n\n**How decisions are made and who pays (short list)**\n\n- Who decides: Minister (policy declarations, gazette notices, acquisition powers), Director (operational enforcement, directions, approvals for structures, establishing aids, detentions), shipping inspectors and police (inspection and enforcement powers), Administrator (dispensing powers) (ss 8, 21, 147, 188A, 193).\n- Who pays: owners/operators bear fines, costs of salvage/rectification, and may pay licence and regulatory fees set by regulation (ss 107(4), 156, 194(2)(m)). The Territory may pay costs of investigations but can recover costs from convicted persons where authorised (ss 121–122, 115D).\n\n\n**Concrete references to notable provisions**\n- Unsafe ships — definition and criminal liability: ss 95–97.\n- Directions and offences about dangerous goods: ss 102, 104–107.\n- Collision, assistance and reporting duties: ss 109–110, 117.\n- Detention, notice and release of vessels: ss 186–188.\n- Licensing declared services (who needs licences, fit and proper tests, inspections, offences): ss 129–142B.\n- Navigational aids powers and offences (establish, compulsorily acquire, control, inspect, costs): ss 145–157.\n- Adoption and incorporation of Uniform Shipping Laws Code and related standards: s 196.\n\n\n**Bottom line (neutral)**\nThe Marine Act 1981 creates a Territory‑level regulatory scaffolding that combines statutory offenses, inspection and detention powers, licensing for some commercial services, and mechanisms to adopt detailed national and international technical standards. It places operational control largely with the Director and Minister, makes many technical matters subject to external codes and regulations, and allocates inspection, reporting and clean‑up costs to owners and operators. That design reduces detailed legislative prescription but raises administrative discretion, compliance requirements and the need for affected parties to track incorporated codes and regulator directions (see ss 8, 129–136, 186–188, 194–196)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/marine-act-1981","history":"/api/acts/marine-act-1981/history","analysis":"/api/acts/marine-act-1981/analysis","conflicts":"/api/acts/marine-act-1981/conflicts","importantCases":"/api/acts/marine-act-1981/important-cases","documents":"/api/acts/marine-act-1981/documents"}}