{"id":"F2023L01069","name":"Marine Order 501 (Administration — national law) 2023","slug":"marine-order-501-administration-national-law-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104726,"registerId":"commonwealth-F2023L01069-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Order 501 (Administration — national law) 2023","content":"![The Coat of Arms of the Commonwealth is depicted with agency name.](image.001.png)\n\nMarine Order 501 (Administration — national law) 2023\n\nmade under Marine Safety (Domestic Commercial Vessel) National Law\n\nCompilation no. 1\n\nCompilation date: 16 October 2024\n\nThis compilation was prepared on 29 October 2024 including amendments up to Marine Orders Miscellaneous Amendment Order 2024\n\nPrepared by the Australian Maritime Safety Authority\n\nDivision 1 Preliminary\n\n1 Name of Marine Order\n\n2 Purpose\n\n3 Power\n\n4 Criteria for fit and proper person\n\n5 Standards\n\nDivision 2 Interpretation of Marine Orders\n\n6 Definitions\n\n7 Required certificates, licences or qualifications\n\nDivision 3 Application process\n\n8 Applications to which this Division applies\n\n9 Form and content of applications\n\n10 Request for further information etc\n\n11 Notification of applicant of progress of application\n\n12 Period for consideration of application\n\n13 Decision on application and notification of decision\n\nDivision 4 Review process — decisions under national law\n\n14 Information for application for review of decision — national law\n\nDivision 5 Review process — decisions under Marine Orders\n\n15 Review of decisions\n\n16 Internal review of decisions\n\n17 Review by ART\n\nDivision 6 Return of detained vessels\n\n18 Application of Division 6\n\n19 Circumstances\n\n20 Arrangements to return vessel\n\n21 Steps to be taken\n\nDivision 7 Infringement notices\n\n22 When infringement notices can be given\n\n23 Contents of infringement notice\n\n24 Giving the notice\n\n25 Amount of penalty if notice given\n\n26 Time for payment of penalty\n\n27 Extension of time to pay\n\n28 Payment by instalments\n\n29 Withdrawal of infringement notice\n\n30 Notice of refusal\n\n31 Payment of penalty if infringement notice not withdrawn\n\n32 Effect of payment of infringement notice penalty\n\n33 Admissions under subsection 29(2)\n\n34 Matter not to be taken into account in determining penalty\n\n35 Evidence for hearing\n\n36 Infringement notice not compulsory etc\n\nDivision 8 Approved forms\n\n37 Approved forms\n\nSchedule 1 Infringement notice offences\n\nDivision 1 National law\n\nDivision 2 Marine orders\n\nDivision 1 Preliminary\n\n1 Name of Marine Order\n\nThis Marine Order is Marine Order 501 (Administration — national law) 2023.\n\n2 Purpose\n\nThe purpose of this Marine Order is to facilitate the consistency and shortening of Marine Orders made under the national law by setting out:\n\n(a) generic provisions that a Marine Order may adopt; and\n\n(b) provisions that commonly apply to all Marine Orders; and\n\n(c) matters prescribed in relation to the return of a detained vessel; and\n\n(d) matters in relation to infringement notices.\n\n3 Power\n\n(1) Paragraph 74(1)(c) of the national law provides that the regulations may prescribe matters to which the National Regulator may have regard in determining whether a person is a fit and proper person.\n\n(2) Subsection 101(5) of the national law provides that the regulations may provide for the return of a detained vessel.\n\n(3) Section 138 of the national law provides that the regulations may provide for enabling a person who is alleged to have committed an offence against the national law to pay a penalty to the Commonwealth as an alternative to prosecution.\n\n(4) Section 142 of the national law provides for regulations to be made providing for review of decisions made under the Marine Orders.\n\n(5) Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.\n\n(6) Subsection 159(2) of the national law provides for regulations to be made prescribing standards for the national law.\n\n(7) Subsection 163(1) of the national law provides that the National Regulator (AMSA) may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the subsection.\n\n4 Criteria for fit and proper person\n\nFor section 74 of the national law, in determining whether a person is a fit and proper person for the purpose of deciding whether to issue or revoke a certificate, the National Regulator may have regard to the following matters:\n\n(a) whether the person has had a similar certificate, issued under a law of the Commonwealth or a State or Territory, suspended, revoked or cancelled;\n\n(b) whether the person is suffering from a medical condition or has a physical or mental incapacity that makes the person unsuitable to hold or to continue to hold the certificate;\n\n(c) whether the person had been found to be not a fit and proper person under a law;\n\n(d) for a certificate of operation:\n\n(i) whether the person is an undischarged bankrupt or is insolvent; and\n\n(ii) whether the person has unpaid court-imposed fines; and\n\n(iii) whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; and\n\n(iv) whether any civil penalties have been imposed on the person under the regulations.\n\n> Note For other matters that the National Regulator may consider — see subsection 74(1) of the national law.\n\n5 Standards\n\nFor subsection 159(2) of the national law, the following standards are prescribed:\n\n(a) National Law – Marine Surveyors Accreditation Guidance Manual 2014;\n\n(b) NSCV Parts B, C, F and G;\n\n(c) USL Code.\n\nDivision 2 Interpretation of Marine Orders\n\n6 Definitions\n\nIn a Marine Order:\n\n> AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> AMSA Act means the Australian Maritime Safety Authority Act 1990.\n\n> approved form means a form approved by the National Regulator.\n\n> increased level of risk, for a vessel’s operations, has the meaning given by section 13 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013.\n\n> Load Lines Convention means the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia from time to time.\n\n> Marine Order means an order made under subsection 163(1) of the national law.\n\n> Marine Safety (Domestic Commercial Vessel) National Law — see Schedule 1 to the National Law Act.\n\n> MARPOL — see subsection 3(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, meaning of the Convention.\n\n> national law means the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to the National Law Act.\n\n> National Law Act means the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.\n\nNSCV — see section 6 of the national law, meaning of National Standard for Commercial Vessels.\n\nrecognised organisation — see section 14 of the Navigation Act 2012.\n\n> Note For organisations that have been prescribed for this definition — see Marine Order 1 (Administration) 2013.\n\n> significantly altered, for a vessel, means that the total mass of items added or removed is more than 4% of the displacement of the vessel before the alteration.\n\n> Note: USL Code — see section 6 of the national law, meaning of Uniform Shipping Laws Code.\n\n> Note Other terms used in Marine Orders have the same meaning as they have in the national law — see Part 1 of the national law.\n\n7 Required certificates, licences or qualifications\n\n(1) A requirement to have a certificate or licence is a requirement to have a certificate or licence that is in force.\n\n(2) If a certificate or licence is revoked or suspended, it ceases to be in force.\n\n(3) A requirement to have any other qualification is a requirement to have a qualification that has not been revoked, however described.\n\n(4) This section does not apply to a certificate of survey, certificate of operation or a certificate of competency.\n\n> Note A certificate of survey, certificate of operation or certificate of competency also ceases to be in force if it is suspended or revoked —— see sections 38, 48 and 60 of the national law.\n\nDivision 3 Application process\n\n8 Applications to which this Division applies\n\n(1) This Division applies to an application if a Marine Order provides that the application must be made in accordance with this Marine Order.\n\n(2) A Marine Order that provides that an application must be made in accordance with this Marine Order may vary the process set out in this Marine Order as it applies to the application.\n\n> Note: Example\n\n> Note: The period for consideration of the application may be varied.\n\n(3) For paragraph 143(4)(a) of the national law, the granting of an exemption under subsection 143(1) of the national law is a matter for which an application must be made in accordance with this Marine Order.\n\n9 Form and content of applications\n\nAn application mentioned in section 8:\n\n(a) must:\n\n(i) be in writing; and\n\n(ii) be in the approved form, if any; and\n\n(iii) include any other information or document that a Marine Order requires be included; and\n\n(iv) be accompanied by any prescribed fee charged by the National Regulator for assessing the application; and\n\n(b) may include any other information or document the applicant considers relevant to the application.\n\n> Note 1 See section 37 in relation to approved form.\n\n> Note 2 For the prescribed fees that may be charged by the National Regulator — see the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013.\n\n> Note 3 Giving false or misleading information in an application is an offence — see subsection 136.1(1) of the Criminal Code.\n\n10 Request for further information etc\n\n(1) The National Regulator may, in writing, ask the applicant to provide any information or document that the National Regulator reasonably considers necessary for consideration of the application.\n\n(2) The National Regulator may, in writing, ask another person to provide any information, document or agreement that the National Regulator reasonably considers necessary for consideration of the application.\n\n> Note More than 1 request may be made under this section.\n\n11 Notification of applicant of progress of application\n\nIf the National Regulator asks for information, a document or an agreement under section 10, the National Regulator must tell the applicant, in writing, the following:\n\n(a) the effect of the request on the period for consideration of the application;\n\n(b) if the information, document or agreement has been requested under subsection 10(2) — that the information, document or agreement has been requested and from whom.\n\n12 Period for consideration of application\n\nAn application must be considered:\n\n(a) if no request for further information or documents is made under section 10 — within 90 days after the National Regulator receives the application; or\n\n(b) within 90 days after the National Regulator receives all the information, documents or final responses requested under section 10; or\n\n(c) if the National Regulator does not receive all the information, documents or final responses requested under section 10 within a reasonable period for the kind of request — within 90 days after that period.\n\n13 Decision on application and notification of decision\n\n(1) The National Regulator must, within the period mentioned in section 12:\n\n(a) decide the application; and\n\n(b) tell the applicant, in writing:\n\n(i) the decision on the application and any conditions imposed; and\n\n(ii) the reasons for the decision if the decision is to refuse the application.\n\n> Note A Marine Order that provides that an application may be made to the National Regulator in accordance with this Marine Order may set out criteria to be considered when deciding the application.\n\n(2) If the National Regulator does not decide the application within the period mentioned in section 12, the National Regulator is taken to have decided to refuse the application.\n\nDivision 4 Review process — decisions under national law\n\n14 Information for application for review of decision — national law\n\nFor paragraph 140(3)(b) of the national law, an application for review must contain the following information:\n\n(a) the decision for which the review is sought;\n\n(b) grounds for the review.\n\n> Note The application must also be in the form approved by the National Regulator for that purpose in accordance with paragraph 140(3)(a) of the national law — see AMSA website https://www.amsa.gov.au for forms.\n\nDivision 5 Review process — decisions under Marine Orders\n\n15 Review of decisions\n\nA decision mentioned in section 13 is a reviewable decision.\n\n> Note The term reviewable decision is used here in a different context to that in which it is used in section 139 of the national law. Subsection 139(1) of the national law lists reviewable decisions made under the national law, including a decision not to grant an exemption on application. Those decisions are reviewable under Division 1 of Part 8 of the national law.\n\n16 Internal review of decisions\n\n(1) A person who is affected by a reviewable decision may apply, in writing, to the National Regulator for internal review of the decision before the later of the following:\n\n(a) 30 days after:\n\n(i) notification of the decision; or\n\n(ii) if the decision is not notified within the period mentioned in section 12 — the end of that period;\n\n(b) a longer period determined by the National Regulator.\n\n(2) The National Regulator must, on receipt of the application, review the reviewable decision.\n\n(3) The National Regulator must:\n\n(a) affirm the reviewable decision; or\n\n(b) make any other decision that the National Regulator considers appropriate.\n\n(4) The National Regulator must tell the applicant, in writing, of the outcome of the internal review within 28 days, or a longer period agreed by the applicant, after the application for internal review was received.\n\n(5) A notice under subsection (4) must include statements to the effect that:\n\n(a) if the applicant is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision; and\n\n(b) the applicant may request a statement of reasons under section 268 of that Act.\n\n(6) Failure to comply with subsection (5) for a decision does not affect the validity of the decision.\n\n17 Review by ART\n\nA person affected by a decision under subsection 16(3) may apply to the Administrative Review Tribunal for review of the decision.\n\nDivision 6 Return of detained vessels\n\n18 Application of Division 6\n\nFor subsection 101(5) of the national law, this Division applies to the return of a vessel that has been detained.\n\n19 Circumstances\n\n(1) The National Regulator may impose conditions on the return of the vessel.\n\n(2) In deciding whether to return the vessel, the National Regulator may consider whether:\n\n(a) any fees related to the detention of the vessel have been paid; and\n\n(b) the vessel is in good physical condition; and\n\n(c) any conditions for return of the vessel have been met; and\n\n(d) any penalties payable by the vessel owner in relation to the detention under an infringement notice issued under section 22 or a court-imposed fine have been paid; and\n\n(e) any investigation of a breach of the national law has been completed and the National Regulator is satisfied there is no further safety risk in releasing the vessel; and\n\n(f) the reasons for detaining the vessel have been rectified or otherwise have ceased to exist; and\n\n(g) any conditions placed on the vessel’s release are sufficient to address the reasons for the detention; and\n\n(h) the vessel is, or will be, no longer involved in a contravention of the national law.\n\n20 Arrangements to return vessel\n\n(1) The National Regulator must, within 7 days after making a decision mentioned in section 19, give notice in writing to:\n\n(a) the owner of the vessel; or\n\n(b) if no such person is able to be located — the person who had possession or control of the vessel immediately before it was detained.\n\n(2) The notice must:\n\n(a) tell the person that the vessel is to be returned, and of any conditions for the return; and\n\n(b) ask the person for details of the person to whom the vessel is to be returned.\n\n21 Steps to be taken\n\nThe vessel must be returned as soon as practicable to the owner of the vessel or a person authorised in writing by the owner to take possession of it.\n\nDivision 7 Infringement notices\n\n22 When infringement notices can be given\n\nIf there are reasonable grounds for believing that a person has committed an offence against a section of the national law or a Marine Order mentioned in Schedule 1, the National Regulator or a marine safety inspector may give to the person an infringement notice for the infringement notice penalty mentioned in Schedule 1 for the offence.\n\n23 Contents of infringement notice\n\n(1) The notice must include the following information:\n\n(a) the name and address of the person given the notice;\n\n(b) if the person is an individual — the person’s date of birth;\n\n(c) the provision of the national law or the Marine Orders that it is alleged has been contravened;\n\n(d) details of the alleged offence, including:\n\n(i) the day and, if appropriate, the time when it is alleged to have been committed; and\n\n(ii) the place where it is alleged to have been committed;\n\n(e) the maximum penalty that may be imposed by a court for the offence;\n\n(f) the amount payable as the infringement notice penalty;\n\n(g) a statement that the person can apply for an extension of time to pay under section 27;\n\n(h) a statement that, if the person prefers that the matter not be dealt with by a court, they may signify that preference by paying the infringement notice penalty:\n\n(i) before the end of 28 days after the day the notice is given; or\n\n(ii) if a further period is allowed by the National Regulator under section 27 — before the end of the further period; or\n\n(iii) if payment by instalments is permitted by the National Regulator under section 28 — in accordance with the permission;\n\n(i) how and where the infringement notice penalty may be paid;\n\n(j) a statement that if, before the end of 28 days after service of the notice, the person tells the National Regulator, in the way set out in the notice, about any facts or matters that the person thinks should be taken into account for the offence and asks that the National Regulator withdraw the notice in accordance with section 29:\n\n(i) time for payment of the penalty will be extended to the extent necessary for a decision to be made about those facts or matters; and\n\n(ii) the National Regulator must consider the matters mentioned in section 29;\n\n(k) a statement that, if the infringement notice penalty is paid in time:\n\n(i) the person’s criminal liability for the offence is discharged; and\n\n(ii) further proceedings cannot be taken against the person for the offence; and\n\n(iii) the person is not taken to have been convicted of the offence;\n\n(l) a statement to the effect that, if none of the things mentioned in paragraph (h) or (j) is done within the time specified, the person may be prosecuted for the alleged offence and may be found liable for an amount up to the maximum penalty for the offence;\n\n(m) the name or identifying number of the person who gave the notice.\n\n(2) An infringement notice may contain any other information that the National Regulator or the marine safety inspector considers necessary.\n\n24 Giving the notice\n\n(1) The notice must be given to the person within 12 months after the alleged commission of the offence.\n\n(2) The notice must be given by:\n\n(a) handing the notice to the person; or\n\n(b) mailing it to the person’s last known address; or\n\n(c) leaving it at the person’s last known address with a person apparently over 16 years old; or\n\n(d) if the person is a body corporate:\n\n(i) mailing it to the registered office of the person; or\n\n(ii) leaving it at the registered office of the person with a person apparently over 16 years old.\n\n25 Amount of penalty if notice given\n\nThe penalty payable under an infringement notice for an alleged commission of an offence mentioned in Schedule 1 is the amount of penalty units mentioned in Schedule 1 for the offence.\n\n26 Time for payment of penalty\n\nThe penalty stated in an infringement notice must be paid within:\n\n(a) 28 days after the day when the notice is given to the recipient; or\n\n(b) another period mentioned in this Marine Order.\n\n27 Extension of time to pay\n\n(1) On written application by a person to whom an infringement notice has been given, the National Regulator may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not it is more than 28 days after the notice was given.\n\n(2) If application is made after 28 days after the notice was given, the application must include an explanation why the alleged offender could not deal with the notice within that period.\n\n(3) the National Regulator must:\n\n(a) grant or refuse a further period; and\n\n(b) give the applicant written notice of the decision; and\n\n(c) if the decision is a refusal — mention in the notice the reasons for refusal.\n\n(4) The person must pay the penalty:\n\n(a) if a further period is granted — before the end of that period; or\n\n(b) if the decision is a refusal — before the end of the later of:\n\n(i) 7 days after receiving notice of the refusal; or\n\n(ii) the 28 day period.\n\n28 Payment by instalments\n\n(1) On written application by a person to whom an infringement notice has been given, the National Regulator may make an arrangement with a person to whom an infringement notice has been given (whether or not the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments.\n\n(2) The National Regulator must:\n\n(a) grant or refuse to make an arrangement; and\n\n(b) give the applicant written notice of the decision; and\n\n(c) if the decision is a refusal — mention in the notice the reasons for refusal.\n\n(3) The person must pay the penalty:\n\n(a) if an arrangement is made — in accordance with the arrangement; or\n\n(b) if the decision is a refusal — before the end of the later of:\n\n(i) the 28 day period; or\n\n(ii) 7 days after receiving the notice of the refusal.\n\n29 Withdrawal of infringement notice\n\n(1) Whether or not an application is made under subsection (2), the National Regulator, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.\n\n(2) Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to the National Regulator for it to be withdrawn.\n\n(3) Within 28 days after receiving the application, the National Regulator must:\n\n(a) withdraw, or refuse to withdraw, the notice; and\n\n(b) give the applicant written notice of the decision; and\n\n(c) if the decision is a refusal — mention in the notice the reasons for the refusal.\n\n(4) In making a decision, the National Regulator must consider:\n\n(a) the facts or matters mentioned in the application; and\n\n(b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and\n\n(c) unless the application is only based on the validity of the infringement notice:\n\n(i) whether the person has been convicted previously of an offence mentioned in Schedule 1; and\n\n(ii) whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and\n\n(d) any other matter the National Regulator considers relevant to the decision.\n\n(5) If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.\n\n30 Notice of refusal\n\nIf the National Regulator decides to refuse to withdraw an infringement notice, notice of the decision must state:\n\n(a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged offence; and\n\n(b) that if the amount is not paid, the person may be prosecuted for the alleged offence.\n\n31 Payment of penalty if infringement notice not withdrawn\n\nIf the National Regulator refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal.\n\n32 Effect of payment of infringement notice penalty\n\n(1) If a person is given an infringement notice and pays the infringement notice penalty in accordance with this Division:\n\n(a) the person’s criminal liability for the offence is discharged; and\n\n(b) further proceedings cannot be taken against the person for the offence; and\n\n(c) the person is not convicted of the offence.\n\n(2) Subsection (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.\n\n33 Admissions under subsection 29(2)\n\nEvidence of an admission made by a person in an application under subsection 29(2) is inadmissible in proceedings against the person for the alleged offence.\n\n34 Matter not to be taken into account in determining penalty\n\n(1) This section applies if a person who is given an infringement notice:\n\n(a) elects not to pay the infringement notice penalty; and\n\n(b) is prosecuted for, and convicted of, the alleged offence mentioned in the notice.\n\n(2) In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.\n\n35 Evidence for hearing\n\n(1) At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:\n\n(a) a certificate signed by the National Regulator or a marine safety inspector stating that:\n\n(i) the notice was given to the alleged offender; and\n\n(ii) the infringement notice penalty has not been paid in accordance with this Division;\n\n(b) a certificate signed by the National Regulator or a marine safety inspector and stating that the notice was withdrawn on a day mentioned in the certificate;\n\n(c) a certificate signed by the National Regulator and stating that:\n\n(i) a further period was refused, under section 27, for payment of the infringement notice penalty; and\n\n(ii) the infringement notice penalty has not been paid in accordance with this Division;\n\n(d) a certificate signed by the National Regulator and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate;\n\n(e) a certificate signed by the National Regulator and stating that:\n\n(i) for section 27, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and\n\n(ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.\n\n(2) A certificate that purports to have been signed by the National Regulator or a marine safety inspector is taken to have been signed by that person unless the contrary has been proved.\n\n36 Infringement notice not compulsory etc\n\nNothing in this Division is taken:\n\n(a) to require that a person suspected of having committed an offence mentioned in Schedule 1 be given an infringement notice; or\n\n(b) to affect the liability of a person to be prosecuted for an alleged offence, if:\n\n(i) an infringement notice is not given to the person for the offence; or\n\n(ii) an infringement notice is given, and withdrawn; or\n\n(c) to limit the penalty that may be imposed by a court on a person convicted of an offence.\n\nDivision 8 Approved forms\n\n37 Approved forms\n\n(1) The National Regulator may approve a form for a provision of a Marine Order.\n\n(2) If the National Regulator approves a form under subsection (1), the approved form must be used for the purpose for which it is approved.\n\n> Note Approved forms are available on the AMSA website at https://www.amsa.gov.au.\n\nSchedule 1 Infringement notice offences\n\n(sections 22, 25, 29 and 36)\n\nDivision 1 National law\n\n| Item | Section of national law | Description | Penalty units — individual | Penalty units — body corporate |\n| ---- | ----------------------- | ---------------------------------------------------------------------------------------------------------------------------------------- | -------------------------- | ------------------------------ |\n| 1 | 13(4) | Breach duty to ensure safety of vessel, marine safety equipment and operation (owner) | 12 | 60 |\n| 2 | 15(4) | Breaching duty relating to design, manufacture etc of domestic commercial vessel | 12 | 60 |\n| 3 | 18(4) | Breach duty to ensure safety of vessel, marine safety equipment and operations or to take reasonable care for safety of persons (master) | 12 | 60 |\n| 4 | 20(4) | Breach duty of crew to take reasonable care for the safety of persons, etc | 12 | 60 |\n| 5 | 22(4) | Breach duty of passenger to take reasonable care for safety of persons, etc | 12 | 60 |\n| 6 | 24(4) | Breach duty relating to safety of persons on domestic commercial vessels, etc | 12 | 60 |\n| 7 | 26(4) | Breach duty relating to prevention of loss or destruction of, or serious damage to, domestic commercial vessel | 12 | 60 |\n| 8 | 32 | Operating domestic commercial vessel without unique identifier (owner) | 12 | 60 |\n| 9 | 33 | Operating domestic commercial vessel without unique identifier (master) | 12 | 60 |\n| 10 | 34 | Not displaying unique identifier (owner) | 12 | 60 |\n| 11 | 35 | Not displaying unique identifier (master) | 12 | 60 |\n| 12 | 36 | Remove or alter unique identifier | 12 | 60 |\n| 13 | 43 | Operating domestic commercial vessel without certificate of survey (owner) | 12 | 60 |\n| 14 | 44 | Operating domestic commercial vessel without certificate of survey (master) | 12 | 60 |\n| 15 | 45 | Breach of condition of certificate of survey (owner) | 12 | 60 |\n| 16 | 46 | Breach of condition of certificate of survey (master) | 12 | 60 |\n| 17 | 53 | Operating domestic commercial vessel without certificate of operation (owner) | 12 | 60 |\n| 18 | 54 | Operating domestic commercial vessel without certificate of operation (master) | 12 | 60 |\n| 19 | 55 | Breach of condition of certificate of operation (owner) | 12 | 60 |\n| 20 | 56 | Breach of condition of certificate of operation (master) | 12 | 60 |\n| 21 | 57 | Obligation to notify National Regulator of certain matters | 12 | 60 |\n| 22 | 65 | Owner causing etc performance of duties without certificate of competency | 12 | 60 |\n| 23 | 66 | Person performing duties without certificate of competency | 12 | 60 |\n| 24 | 67 | Master causing etc performance of duties or functions without certificate of competency | 12 | 60 |\n| 25 | 68 | Owner causing breach of condition of certificate of competency | 12 | 60 |\n| 26 | 69 | Person causing breach of condition of certificate of competency | 12 | 60 |\n| 27 | 70 | Master causing breach of condition of certificate of competency | 12 | 60 |\n| 28 | 83 | Certificates or other documents to be made available | 12 | 60 |\n| 29 | 87 | Obligation to record request for assistance | 10 | 50 |\n| 30 | 88 | Owner obligation to report marine incidents | 12 | 60 |\n| 31 | 89 | Master obligation to report marine incidents | 12 | 60 |\n| 32 | 93 | Falsely representing being marine safety inspector | 12 | 60 |\n| 33 | 95 | Requirement to facilitate boarding domestic commercial vessel | 12 | 60 |\n| 34 | 102 | Failing to show, demonstrate operation of machinery or equipment as required | 12 | 60 |\n| 35 | 102 | Failing to give name, residential address, date of birth or evidence of identity to marine safety inspector | 12 | 60 |\n| 36 | 102 | Failing to stop or manoeuvre vessel, adopt or maintain course or speed or take vessel to specified place | 12 | 60 |\n| 37 | 102 | Provide false or misleading name, address, date or evidence | 12 | 60 |\n| 38 | 109 | Fail to take steps within specified time | 12 | 60 |\n| 39 | 110 | Commit act or omission that breaches requirement of improvement notice | 12 | 60 |\n| 40 | 111 | Commit act or omission that breaches requirement of prohibition notice | 12 | 60 |\n| 41 | 112 | Not displaying notice as required | 12 | 60 |\n| 42 | 113 | Tamper with or remove notice | 12 | 60 |\n| 43 | 126 | Failure to provide marine safety inspector with reasonable facilities and assistance | 6 | 30 |\n| 44 | 144 | Owner breach of condition of exemption | 12 | 60 |\n| 45 | 145 | Master breach of condition of exemption | 12 | 60 |\n| 46 | 146 | Person breach of condition of exemption | 12 | 60 |\n| 47 | 155 | Failure to give information | 12 | 60 |\n| 48 | 161 | Contravene prescribed condition | 12 | 60 |\n\n> Note 1 An infringement notice penalty for an offence is one-fifth of the maximum fine that a court could impose on a person as a penalty for the offence — see subsection 138(2) of the national law.\n\n> Note 2 An infringement notice penalty for a body corporate is 5 times the maximum fine that a court could impose on an individual as a penalty — see subsection 4B(3) of the Crimes Act 1914.\n\nDivision 2 Marine orders\n\n| Item | Marine order and section | Description | Penalty units — individual | Penalty units — body corporate |\n| ---- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------ | -------------------------- | ------------------------------ |\n| 1 | Marine Order 502 (Vessel identifiers — national law) 2017, s 6(1) | Fail to tell National Regulator of transfer of ownership | 10 | 50 |\n| 2 | Marine Order 502 (Vessel identifiers — national law) 2017, s 6(1) | Fail to tell National Regulator when vessel is sunk, scrapped or ceases to be a DCV | 10 | 50 |\n| 3 | Marine Order 507 (Load line certificates — national law) 2018, s 13(1) | Breach condition of certificate (master) | 10 | 50 |\n| 4 | Marine Order 507 (Load line certificates — national law) 2018, s 14(1) | Breach condition of certificate (owner) | 10 | 50 |\n| 5 | Marine Order 507 (Load line certificates — national law) 2018, s 15(1) | Operating vessel without certificate, without displaying load lines or marks, or if load lines or marks are submerged (master) | 10 | 50 |\n| 6 | Marine Order 507 (Load line certificates — national law) 2018, s 16(1) | Operating vessel without certificate, without displaying load lines or marks, or if load lines or marks are submerged (owner) | 10 | 50 |\n\n> Notes to Marine Order 501 (Administration — national law) 2023\n\n> Note 1\n\n> Note: Marine Order 501 (Administration — national law) 2023 (in force under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law) as shown in this compilation comprises Marine Order 501 (Administration — national law) 2023 amended as indicated in the following tables.\n\n> Note: > Note: Table of\n> \n> Orders\n\n| Year and number | Registration date | FR number | Commencement date | Application, saving or transitional provisions |\n| ----------------------------------------------------------------- | ----------------- | ----------- | ----------------- | ---------------------------------------------- |\n| Marine Order 501 (Administration — national Law) 2023 (MO 2023/3) | 8 Aug 2023 | F2023L01069 | 1 Sept 2023 | |\n| Marine Orders Miscellaneous Amendment Order 2024 (MO 2024/2) | 15 Oct 2024 | F2024L01309 | 16 Oct 2024 | – |\n\n> Note: > Note: Table of amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

1A..................

rep. Legislation Act, s.48D

1B..................

rep. Legislation Act, s48C

16...................

MO 2024/2

17...................

MO 2024/2

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as an administrative framework Order. The 2024 amendments (sections 16 and 17) updated the review mechanism from the former Administrative Appeals Tribunal (AAT) to the new Administrative Review Tribunal (ART) following legislative restructuring, but did not expand the substantive scope beyond administrative procedures, infringement notices, and vessel return processes."},"complexity_factors":["Moderate cross-referencing: Heavy reliance on undefined terms from the 'national law' (Marine Safety (Domestic Commercial Vessel) National Law) and other Marine Orders, requiring readers to consult multiple documents","Nested procedural logic: Infringement notice provisions (sections 22-36) contain multiple conditional pathways — payment, extension, instalments, withdrawal, refusal — with interdependent timeframes and consequences","Incorporation by reference: Standards are imported from external documents (NSCV Parts B, C, F, G; USL Code; Marine Surveyors Accreditation Guidance Manual) without reproducing their content","Dual penalty structures: Schedule 1 tables require understanding of both individual and body corporate penalty units, plus the mathematical relationship to maximum court penalties (one-fifth for individuals, 5x multiplier for corporations)","Temporal complexity: Multiple overlapping time periods (28 days, 90 days, 7 days, 12 months) that shift based on events (requests for information, withdrawal applications, refusal notices)","Review pathway layering: Three-tier decision review system (original decision → internal review → ART) with specific notification requirements and validity caveats (section 16(6))"],"plain_english_summary":"This Marine Order sets the standard administrative framework that applies across all domestic commercial vessel rules, giving AMSA consistent procedures for certificates, applications, reviews, detentions, infringement notices and common definitions. It affects vessel owners, masters and crew, marine safety inspectors and AMSA itself. By centralising fit‑and‑proper tests, decision timeframes, review rights and on‑the‑spot fines — and referencing key safety standards — it makes regulation predictable and efficient."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Marine Order’s stated aim is to provide generic administrative provisions common to Marine Orders (section 2). The compilation notes show minor amendments (MO 2024/2) that affected sections 16 and 17 (internal review and review by the Administrative Review Tribunal). Those amendments update and clarify review procedures and references to the Administrative Review Tribunal Act 2024 but do not materially expand the substantive powers or the types of matters covered. In short, the instrument remains within its original administrative purpose and scope (centralising standard administrative provisions and prescribing infringement procedures), so the scope has not grown significantly beyond its original intent."},"complexity_factors":["Eight Divisions plus Schedule 1 — multi-part structure","Multiple defined terms in section 6 that cross-reference external instruments (NSCV, USL Code, MARPOL, recognised organisation)","Frequent cross-references to the Marine Safety (Domestic Commercial Vessel) National Law and other statutes (e.g. Corporations Act, Criminal Code, Administrative Review Tribunal Act)","Schedule 1 contains ~48 national-law offence items plus 6 Marine Order items with different penalty unit scales (detailed numeric table)","Conditional timeframes and ‘may’ discretions (requests for information, withdrawal of notices, payment extensions, instalment arrangements) creating branching logic (sections 10, 12, 27–29)","Nested consequences for non-decision (deemed refusal if 90-day period lapses — s13(2)) and for payment/options (payment discharges liability; non-payment preserves prosecution risk — ss23, 32, 36)","Evidentiary simplifications (certificates as prima facie evidence) and limitations on admissibility of admissions (sections 33–35)","Interaction between application/internal review/ART external review with statutory time limits — procedural complexity (ss14–17)"],"plain_english_summary":"**What this Marine Order does (mechanically)**\n\n- Sets out a common set of administrative rules that other Marine Orders can adopt or refer to. It centralises routine processes so individual Marine Orders don’t need to repeat them (see section 2). \n- Prescribes how the National Regulator (the Australian Maritime Safety Authority — AMSA) is to assess whether someone is a “fit and proper person” for certain certificates, by listing the matters the Regulator may consider (section 4).\n- Prescribes a small list of standards that apply under the national law (section 5).\n- Defines commonly used terms for Marine Orders and says when a certificate or licence is taken to be “in force” (section 6 and section 7).\n- Lays down a standard application process (what must be in an application, how AMSA can ask for more information, time limits for decisions, and what happens if AMSA does not decide in time) (sections 8–13).\n- Sets out the information required to apply for a review of decisions taken under the national law or under this Marine Order, and establishes an internal review process and external review by the Administrative Review Tribunal (sections 14–17).\n- Prescribes the process and considerations for returning a vessel that has been detained (what AMSA may require before release, who is notified and when, and that the vessel must be returned as soon as practicable) (sections 18–21).\n- Establishes an infringement-notice regime (when AMSA or an inspector may issue a penalty notice instead of prosecuting, what must be in the notice, time limits for issue and payment, options to seek extensions or pay by instalments, withdrawal procedures, evidentiary certificates, and limits on how a court should treat refusal to pay) (sections 22–36).\n- Allows AMSA to approve specific forms that must be used (section 37).\n- Lists the offences that can be dealt with by infringement notice and the penalty units payable for individuals and bodies corporate (Schedule 1). The Schedule mirrors many operational offences in the national law (e.g. operating without required certificates, breaching duties of owners, masters and crew, failing to report incidents) and attaches scaled penalty units (Schedule 1).\n\n**Who this affects**\n\n- Vessel owners, masters, crew and other persons involved in domestic commercial vessel operations who must hold and maintain certificates, meet conditions of survey/operation, and comply with reporting and safety duties (see Schedule 1 and sections 4, 7, 22).\n- Applicants for exemptions, certificates or approvals under Marine Orders — because the Order prescribes the application form, supporting material and decision timeframes (sections 8–13).\n- Persons whose vessels have been detained — because the Order sets out conditions and steps for return (sections 18–21).\n- People who may be issued infringement notices or prosecuted — because the Order establishes the infringement notice procedure, payment options, withdrawal process and evidentiary certificates (sections 22–36 and Schedule 1).\n- AMSA and marine safety inspectors — who exercise the decision and enforcement powers (sections 3, 10, 22).\n\n**Why it matters (official purpose and practical effects)**\n\n- The Order’s stated purpose is to make Marine Orders more consistent and shorter by providing a generic administrative framework and common provisions that other Marine Orders can adopt (section 2). That is, rule drafters can point to these central rules rather than repeat the same procedures in many separate Orders.\n\n- Practical consequences: regulated parties face a single set of administrative expectations (application content, decision timeframes, review steps, and the infringement-notice mechanism). AMSA retains discretion to vary or supplement the process where a particular Marine Order says so (section 8(2)).\n\n**Costs, incentives, trade-offs and implementation considerations**\n\n- Who pays: applicants pay prescribed application fees (section 9); vessel owners/persons may pay detention-related fees and infringement penalties (sections 19(d), Schedule 1). The liability for payment differs in scale between individuals and corporates (Schedule 1 — corporate penalties are larger).\n\n- Who decides and where discretion sits: AMSA (the National Regulator) and authorised marine safety inspectors exercise substantial discretion — to request further information (section 10), impose or vary conditions on vessel return (section 19(1)), grant or refuse extensions or payment arrangements for infringement notices (sections 27–28), withdraw infringement notices (section 29), and to approve forms (section 37). Discretion reduces rule volume but increases the importance of administrative decision-making and consistent application.\n\n- Behavioural incentives: the infringement-notice option encourages quick resolution by payment (section 23(h)–(l), section 32). Because payment discharges criminal liability but is not a conviction (section 32), some recipients will prefer to pay to avoid prosecution; others may elect not to pay and face court where the choice not to pay must not be taken into account in later sentencing (section 34).\n\n- Compliance burden and transaction costs: applicants must provide written applications in approved forms, supporting documents and prescribed fees (section 9). AMSA may request additional material and the application process can be extended by those requests (sections 10–12). Vessel owners and masters must maintain in-force certificates and meet notification duties to avoid infringement penalties (sections 7 and Schedule 1).\n\n- Trade-offs and opportunity costs: centralising common administrative text reduces duplication in legislative drafting (saves legislative time) and promotes consistency. The trade-off is that the Order delegates substantive choices to AMSA through broad discretions and cross-references to other instruments and standards (sections 3, 5, 6), which may make the practical outcome dependent on agency guidance and enforcement approach.\n\n- Implementation and administrative risk: the Order imposes decision timeframes (90 days for applications — section 12; 28 days to notify internal review outcomes — section 16(4)) and requires AMSA to notify applicants of progress when information is requested (section 11). Failing to meet timeframes has consequences (an application is taken to be refused if not decided in the 90‑day period — section 13(2)). These timelines create administrative workload and risk of deemed refusals if resources are constrained.\n\n- Concentrated benefits and diffuse costs: the primary immediate beneficiary is the Regulator and legislative drafters (they get a single, reusable administrative framework). Costs fall on a broad set of regulated persons (owners, masters, crew) who must comply with the standardised administrative requirements and may face infringement penalties.\n\n**Concrete compliance and enforcement mechanics to note**\n\n- If AMSA asks for more information, the applicant must be told the effect on the decision period and (if a third party was asked) who was asked (section 11).\n- If AMSA fails to decide within prescribed time, the application is taken to be refused (section 13(2)).\n- Detained vessels will not be returned until AMSA is satisfied specified conditions are met (payment of detention fees, physical condition of vessel, mitigation of safety risks, payment of infringement or court fines where applicable) (section 19).\n- Infringement notices must be given within 12 months of the alleged offence (section 24(1)); payment within 28 days discharges criminal liability without a conviction (section 32).\n- Schedule 1 gives the specific offences eligible for infringement notices and the penalty units for individuals and corporations.\n\n(References cited are to this Marine Order: purpose — s2; fit and proper — s4; standards — s5; definitions — s6; application requirements and fees — s9; requests for further information — s10; decision period and deemed refusal — ss11–13; review processes — ss14–17; detained vessel return — ss18–21; infringement notices and procedures — ss22–36; approved forms — s37; Schedule 1 lists infringement offences and penalties.)"}},"importantCases":[],"_links":{"self":"/api/acts/marine-order-501-administration-national-law-2023","history":"/api/acts/marine-order-501-administration-national-law-2023/history","analysis":"/api/acts/marine-order-501-administration-national-law-2023/analysis","conflicts":"/api/acts/marine-order-501-administration-national-law-2023/conflicts","importantCases":"/api/acts/marine-order-501-administration-national-law-2023/important-cases","documents":"/api/acts/marine-order-501-administration-national-law-2023/documents"}}