{"id":"marine-passenger-regulations-1982","name":"MARINE (PASSENGER) REGULATIONS 1982","slug":"marine-passenger-regulations-1982","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176984,"registerId":"nt-marine-passenger-regulations-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"MARINE (PASSENGER) REGULATIONS 1982","content":"NORTHERN TERRITORY OF AUSTRALIA\nMARINE (PASSENGER) REGULATIONS 1982\nAs in force at 1 August 2019\nTable of provisions\nPart I Introductory\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\nPart II Requirements for carriage of passengers\n7 Restriction on carriage of passengers ............................................. 2\nPart III Offences\n9 Offences by passengers .................................................................. 3\n10 Regulatory offences......................................................................... 4\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 August 2019\n____________________\nMARINE (PASSENGER) REGULATIONS 1982\nRegulations under the Marine Act 1981\nPart I Introductory\n1 Citation\nThese Regulations may be cited as the Marine (Passenger)\nRegulations 1982.\n2 Commencement\nThese Regulations shall come into operation on a date to be fixed\nby the Minister by notice in the Gazette.\n3 Interpretation\nIn these Regulations, unless the contrary intention appears:\nacceptable means acceptable to the Director.\nberthed passenger means a passenger on a vessel for whose use\nacceptable enclosed accommodation is provided in the vessel.\noverseas voyage, in relation to a vessel, means a voyage in the\ncourse of which the vessel travels between any of the following:\n(a) a port in the Territory and a port outside Australia;\n(b) a port in the Territory and a place in the waters above the\ncontinental shelf of a country other than Australia;\n(c) a port outside Australia and a place in the waters above the\ncontinental shelf of Australia adjacent to the Territory;\n(d) a place in the waters above the continental shelf of Australia\nadjacent to the Territory and a place in the waters above the\ncontinental shelf of a country other than Australia;\n(e) ports or places outside Australia; or\n\nPart II Requirements for carriage of passengers\nMarine (Passenger) Regulations 1982 2\n(f) places beyond the continental shelf of Australia.\nunberthed passenger means a passenger on a vessel other than\na passenger who is a berthed passenger.\nvessel means a vessel other than any of the following:\n(a) an air-cushioned vehicle;\n(b) a pleasure craft;\n(c) a domestic commercial vessel that is proceeding on an\noverseas voyage;\n(d) a fishing vessel that is proceeding on an overseas voyage;\n(e) an off-shore industry mobile unit;\n(f) an off-shore industry vessel that is a regulated Australian\nvessel as defined in section 6 of the Navigation Act 2012\n(Cth).\nPart II Requirements for carriage of passengers\n7 Restriction on carriage of passengers\n(1) The Director may, by written notice, determine that the maximum\nnumber of passengers that may be carried on a particular vessel for\na particular voyage is fewer than the maximum number endorsed\non the vessel's certificate of survey.\n(2) For subregulation (1), the Director must have regard to:\n(a) the nature, destination and anticipated course of the particular\nvoyage; and\n(b) the weather conditions expected to be experienced during the\nvoyage; and\n(c) the cargo to be carried on the vessel for the voyage.\n(3) The owner of a vessel must ensure compliance with a\ndetermination made under subregulation (1).\nMaximum penalty: 100 penalty units.\n(4) The master of a vessel must ensure compliance with a\ndetermination made under subregulation (1).\nMaximum penalty: 100 penalty units.\n\nPart III Offences\nMarine (Passenger) Regulations 1982 3\n(5) An offence against subregulation (3) or (4) is an offence of strict\nliability.\n(6) If a person other than the owner of a vessel is chartering the vessel\nor is otherwise the operator of the vessel under an agreement with\nthe owner, that other person is taken to be the owner for\nsubregulation (3).\nPart III Offences\n9 Offences by passengers\n(1) A person commits an offence if:\n(a) the person has been refused admission to a vessel by one of\nthe following persons:\n(i) the owner of the vessel;\n(ii) the master of the vessel;\n(iii) a person authorised by the master of the vessel;\n(iv) a shipping inspector; and\n(b) the person attempts to board the vessel.\nMaximum penalty: 50 penalty units.\n(2) A passenger on a vessel commits an offence if:\n(a) the passenger has been required by the master of the vessel,\nor a person authorised by the master, to leave the vessel, at a\nplace where the passenger can conveniently do so, because\nthe passenger has behaved in a disorderly manner; and\n(b) the passenger fails to leave the vessel.\nMaximum penalty: 50 penalty units.\n(3) A passenger commits an offence if, after being warned by the\nmaster of a vessel or a person authorised by the master not to\nharass a person on the vessel, the passenger harasses a person\non the vessel.\nMaximum penalty: 50 penalty units.\n\nPart III Offences\nMarine (Passenger) Regulations 1982 4\n(4) A passenger commits an offence if:\n(a) the passenger has been required to leave the vessel, because\nthere is insufficient room on the vessel, by any of the following\npersons:\n(i) the owner of the vessel;\n(ii) the master of the vessel;\n(iii) a person authorised by the master of the vessel;\n(iv) a shipping inspector; and\n(b) the passenger fails to leave the vessel.\nMaximum penalty: 50 penalty units.\n(5) A passenger commits an offence if:\n(a) the master of a vessel prohibits an area of the vessel for use\nby passengers; and\n(b) the passenger enters the prohibited area; and\n(c) the passenger is given a direction by the master or someone\nauthorised by the master to leave the prohibited area without\ndelay; and\n(d) the passenger does not comply with the direction.\nMaximum penalty: 50 penalty units.\n(6) An offence against any of subregulations (1) to (5) is an offence of\nstrict liability.\n(7) It is a defence to a prosecution for an offence against\nsubregulations (1) to (5) if the defendant has a reasonable excuse.\n10 Regulatory offences\nAn offence of contravening or failing to comply with regulation 7(2)\nor 9(f) is a regulatory offence.\n\nENDNOTES\nMarine (Passenger) Regulations 1982 5\nENDNOTES\n1 KEY\nKey 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 (Passenger) Regulations (SL No. 13, 1982)\nNotified 12 March 1982\nCommenced 31 March 1982 (Gaz G12, 26 March 1982, p 4)\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) and Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nAmendments of Marine (Passenger) Regulations (SL No. 10, 2001)\nNotified 2 April 2001\nCommenced 2 April 2001\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\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)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nTransport Legislation Amendment Regulations 2019 (SL No. 11, 2019)\nNotified 1 July 2019\nCommenced 1 August 2019 (r 2)\n\nENDNOTES\nMarine (Passenger) Regulations 1982 6\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: r 1.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 11, 2013, s 66\nrr 4 – 5 rep Act No. 11, 2013, s 66\nr 6 amd No. 10, 2001, r 1\nrep Act No. 11, 2013, s 66\nr 7 amd No. 10, 2001, r 2; Act No. 44, 2003, s 6; Act No. 11, 2013, s 66; Act\nNo. 23, 2013, s 4\nsub No. 11, 2019, r 16\nr 8 amd No. 10, 2001, r 3; Act No. 23, 2013, s 4\nrep No. 11, 2019, r 17\nr 9 amd No. 10, 2001, r 4; Act No. 11, 2013, s 66; Act No. 23, 2013, s 4\nsub No. 11, 2019, r 18\nr 10 ins Act No. 68, 1983, s 80; Act No. 11, 2013, s 66","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument's scope has been altered since 1982: the endnotes list multiple amendments and repeals (see List of Amendments and Endnotes). Key changes include updates to definitions in regulation 3 (amended by Act No. 11, 2013, s 66) and amendments/substitutions to regulation 7 and related provisions across later Acts and subordinate legislation (see List of Amendments entries for r 3, r 7 and rr 4–5). Those amendments changed which vessels are excluded from the rules and revised regulatory detail."},"complexity_factors":["Short, focused instrument with limited substantive provisions (reg 7; regs 9–10)","Director has discretionary power to impose lower passenger limits for particular voyages (reg 7)","Duties and penalty exposure on multiple actors — owners, masters, operators chartering vessels — with strict liability for some offences (regs 7(3)–(6); reg 9(6))","Passenger offences are mostly strict liability but include a \"reasonable excuse\" defence (reg 9(6)–(7))","Multiple enforcement actors: masters, persons authorised by masters, owners, shipping inspectors (reg 9)","Complexity in definitions and exclusions for what counts as a \"vessel\" (r 3) and cross‑reference to the Navigation Act 2012","Classification of an offence as a regulatory offence introduces different enforcement procedures (reg 10)","Penalty structure uses penalty units (regs 7, 9) — requires reference to the penalties schedule for monetary amounts","Layering of amendments and repeals in endnotes increases interpretive complexity (Endnotes/List of Amendments)"],"plain_english_summary":"These regulations set rules for carrying passengers on Northern Territory vessels. They let the Director reduce the number of passengers allowed on a particular voyage below the figure on the vessel's certificate of survey (reg 7), and make vessel owners and masters responsible for complying, with penalties for breaches.  \nThey also create passenger offences — e.g. attempting to board after being refused, failing to leave when ordered, harassment, or entering prohibited areas — mostly strict‑liability offences with penalties and a 'reasonable excuse' defence; masters and shipping inspectors may enforce these rules (regs 7, 9)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has shrunk significantly from its original scope. The endnotes reveal that regulations 4, 5, 6, and 8 were repealed by the Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013, leaving only a skeleton framework covering passenger limits (reg 7) and passenger behaviour offences (reg 9), plus a regulatory offences provision (reg 10). The original regulations likely covered more detailed safety requirements, accommodation standards, or operational matters that have been absorbed into national uniform laws or removed entirely."},"complexity_factors":["Short length: only 10 regulations total, with 6 repealed (leaving just 4 substantive provisions)","Minimal cross-referencing: only references to the parent Marine Act 1981 and Navigation Act 2012","Simple conditional structure: offences follow basic 'if X then offence' pattern without nested exceptions","Limited defined terms: only 6 defined terms in the interpretation section (acceptable, berthed passenger, overseas voyage, unberthed passenger, vessel, plus implicit definitions)","Straightforward penalty structure: flat penalty units without tiered or conditional penalties","Note: The legislation has been heavily stripped back by amendments — originally contained more provisions (regulations 4-6 and 8 repealed), leaving a skeletal framework"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for carrying passengers on boats and ships in the Northern Territory. They cover two main areas: how many people a vessel can safely carry, and how passengers must behave.\n\n**Who it affects:**\n\n- **Vessel owners and masters (captains):** They must follow safety limits on passenger numbers and can face heavy fines (up to 100 penalty units) if they overload a boat.\n- **Passengers:** They can be fined (up to 50 penalty units) for bad behaviour like harassing others, refusing to leave when asked, or entering prohibited areas.\n- **The Director:** A government official who can reduce the number of passengers allowed on a specific voyage based on weather, cargo, and route.\n\n**Key rules:**\n\n- The Director can override the usual passenger limit on a boat's certificate if conditions are dangerous (bad weather, tricky route, heavy cargo).\n- Passengers can be refused boarding or kicked off for being disorderly, and it's an offence to refuse to leave.\n- Passengers must obey the captain's directions about restricted areas.\n- Most offences are \"strict liability\" — meaning you can be fined even if you didn't mean to break the rule (though you can claim a \"reasonable excuse\" for passenger offences).\n\n**Why it matters:**\n\nThese rules keep people safe on the water by preventing overcrowding and maintaining order on vessels. The regulations apply to commercial passenger vessels but exclude things like pleasure craft, fishing boats on international trips, and air-cushioned vehicles (hovercraft)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation appears to have undergone significant evolution since its 1982 origins, evidenced by 17 reprints and a commencement date of 2019. This strongly suggests the scope, coverage, or operational requirements have been substantially revised from the original 1982 intent, though the full extent of those changes cannot be confirmed without access to the complete legislative text and amendment history."},"complexity_factors":["Minimal substantive content is provided in the legislation text — only metadata is available, limiting full analysis","The discrepancy between the 1982 name and the 2019 commencement date suggests layered amendment history that could complicate interpretation","Reprint No. REPM003R17 indicates at least 17 versions, implying accumulated amendments that practitioners must track","Regulatory instruments typically cross-reference parent Acts, adding an additional layer of documents a reader must consult","Technical maritime safety standards (if present in full text) often involve specialised terminology"],"plain_english_summary":"These regulations set mandatory safety, certification, inspection, and passenger-capacity rules for vessels carrying paying or non‑paying passengers. \n\nThey affect owners and operators of ferries, cruises, and charters, passengers, and marine safety regulators — creating the legal framework that governs safe passenger water transport and exposing non‑compliant operators to fines, licence loss, or criminal liability."}},"importantCases":[],"_links":{"self":"/api/acts/marine-passenger-regulations-1982","history":"/api/acts/marine-passenger-regulations-1982/history","analysis":"/api/acts/marine-passenger-regulations-1982/analysis","conflicts":"/api/acts/marine-passenger-regulations-1982/conflicts","importantCases":"/api/acts/marine-passenger-regulations-1982/important-cases","documents":"/api/acts/marine-passenger-regulations-1982/documents"}}