{"id":"marine-safety-domestic-commercial-vessel-national-law-application-act-2013","name":"Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013","slug":"marine-safety-domestic-commercial-vessel-national-law-application-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105912,"registerId":"sa-marine-safety-domestic-commercial-vessel-national-law-application-act-2013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Applied provisions","content":"Part 2—Applied provisions\n5—Application of Commonwealth laws as laws of this State\n\t(1)\tThe Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of this State.\n\t(2)\tThe Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which this State may make laws—\n\t(a)\twhether or not the Commonwealth may make laws in relation to those matters; and\n\t(b)\teven though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.\n\t(3)\tSubsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.\n\t(4)\tThe regulations may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—\n\t(a)\tmade by a law of the Commonwealth; and\n\t(b)\tspecified in the regulations,\nhad not taken effect.\n6—Interpretation of Commonwealth domestic commercial vessel national law\n\t(1)\tThe Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act (as the case requires).\n\t(2)\tThe Acts Interpretation Act 1915 does not apply to the applied provisions.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and powers under applied provisions","content":"Part 3—Functions and powers under applied provisions\n7—Functions and powers of National Regulator and other authorities and officers\nThe National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.\n8—Delegations by the National Regulator\nAny delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"Part 4—Offences\n9—Object of Part\n\t(1)\tThe object of this Part is to further the purposes of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.\n\t(2)\tThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—\n\t(a)\tthe investigation and prosecution of offences; and\n\t(b)\tthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and\n\t(c)\tproceedings relating to a matter referred to in paragraph (a) or (b); and\n\t(d)\tappeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and\n\t(e)\tthe sentencing, punishment and release of persons convicted of offences; and\n\t(f)\tfines, penalties and forfeitures; and\n\t(g)\tinfringement notices in connection with offences; and\n\t(h)\tliability to make reparation in connection with offences; and\n\t(i)\tproceeds of crime; and\n\t(j)\tspent convictions.\n\t(3)\tFor the purposes of this Part, a reference to offences includes a reference to contraventions for which a civil penalty may be imposed.\n10—Application of Commonwealth criminal laws to offences against applied provisions\n\t(1)\tThe relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n\t(2)\tFor the purposes of a law of this State, an offence against the applied provisions—\n\t(a)\tis taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and\n\t(b)\tis taken not to be an offence against the laws of this State.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this State except as provided by the regulations.\n11—Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\t(1)\tA Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\n\t(2)\tIn performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.\n12—No double jeopardy for offences against applied provisions\nIf—\n\t(a)\tan act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and\n\t(b)\tthe offender has been punished for that offence under the Commonwealth domestic commercial vessel national law,\nthe offender is not liable to be punished for the offence under the applied provisions.\n","sortOrder":2},{"sectionNumber":"Part 5","sectionType":"part","heading":"Administrative laws","content":"Part 5—Administrative laws\n13—Application of Commonwealth administrative laws to applied provisions\n\t(1)\tThe Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n\t(2)\tFor the purposes of a law of this State, a matter arising in relation to the applied provisions—\n\t(a)\tis taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and\n\t(b)\tis taken not to be a matter arising in relation to laws of this State.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this State except as provided by the regulations.\n\t(4)\tAny provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.\n\t(5)\tFor the purposes of this section, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.\n14—Functions and powers conferred on Commonwealth officers and authorities\n\t(1)\tA Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.\n\t(2)\tIn performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.\n","sortOrder":3},{"sectionNumber":"Part 6","sectionType":"part","heading":"Fees and fines","content":"Part 6—Fees and fines\n15—Fees payable in relation to officers or employees of State acting as delegates \nThe Governor may make regulations for or with respect to fees payable to this State in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of this State or an agency of this State.\n16—Infringement notice fines\nAny amount paid to this State by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is (subject to any refund payment under section 10(2) of that Act) payable into the Consolidated Account.\n17—Fines, fees etc not otherwise payable to State\n\t(1)\tAll fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.\n\t(2)\tSubsection (1) does not apply to any fees referred to in section 15.\n","sortOrder":4},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7—Miscellaneous\n18—Things done for multiple purposes\nThe validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.\n19—Reference in Commonwealth law to a provision of another law\nFor the purposes of section 10 and section 13, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.\n20—Regulations\n\t(1)\tThe Governor may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or the applied provisions.\n\t(2)\tThe regulations may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or other specified person or body.\n","sortOrder":5},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Marine Safety (Domestic Commercial Vessel) National Law","content":"Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law\n1—Short title\nThis Law may be cited as the Marine Safety (Domestic Commercial Vessel) National Law.\n2—Commencement\nThis Law commences as a law of this jurisdiction as provided by the Act of this jurisdiction that applies this Law as a law of this jurisdiction.\n3—Objects of Law\nThe objects of this Law are as follows:\n\t(a)\tto form a part of a cooperative scheme between the Commonwealth, the States and the Northern Territory that provides a single national framework for ensuring the safe operation, design, construction and equipping of domestic commercial vessels;\n\t(b)\tto implement Australia’s international obligations in relation to the safety of domestic commercial vessels;\n\t(c)\tto facilitate the development of a safety culture that will prevent, or mitigate the effects of, marine incidents;\n\t(d)\tto provide a framework for the development and application of consistent national standards relating to the operation, design, construction and equipping of domestic commercial vessels;\n\t(e)\tto enhance the efficient and orderly operation of domestic commercial vessels;\n\t(f)\tto provide an effective enforcement framework.\n4—Law binds the Crown\n\t(1)\tThis Law binds the Crown in each of its capacities.\n\t(2)\tThis Law does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n5—Extended geographical jurisdiction—category A\nSection 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Law.\n6—Definitions\nIn this Law—\naccredited person means a person who is accredited in accordance with regulations made for the purposes of section 160;\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth;\nagency—\n\t(a)\tof the Commonwealth, includes the following:\n\t(i)\tan Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth;\n\t(ii)\ta body corporate established for a public purpose by or under a law of the Commonwealth; and\n\t(b)\tof a State or a Territory, includes the following:\n\t(i)\ta Department of State (however described) of the State or Territory;\n\t(ii)\ta body corporate established for a public purpose by or under a law of the State or Territory.\napproved training organisation means a training organisation that is approved in accordance with regulations made for the purposes of section 160;\ncertificate means any of the following:\n\t(a)\ta certificate of operation;\n\t(b)\ta certificate of survey;\n\t(c)\ta certificate of competency;\ncertificate of competency means a certificate issued under section 60;\ncertificate of operation means a certificate issued under section 48;\ncertificate of survey means a certificate issued under section 38;\nclose quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision;\nCOAG means the Council of Australian Governments;\nCOAG Council means the council established by COAG that has responsibility for marine safety;\nCommonwealth Minister means the Minister of State of the Commonwealth administering this Law;\ncompany has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;\nUnder the Income Tax Assessment Act 1997 of the Commonwealth, company includes an unincorporated association or body of persons.\ncrew of a vessel means individuals employed or engaged in any capacity on board the vessel on the business of the vessel, other than the master of the vessel or a pilot;\nCriminal Code means the Criminal Code of the Commonwealth;\ndefence vessel means a warship or other vessel that—\n\t(a)\tis operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and\n\t(b)\tbears external marks of nationality; and\n\t(c)\tis manned by seafarers under armed forces discipline (however described);\ndomestic commercial vessel see section 7;\nenforcement powers see section 105;\nenforcement warrant means—\n\t(a)\ta warrant issued under section 135; or\n\t(b)\ta warrant signed by a magistrate under section 136;\nentity means any of the following:\n\t(a)\tan individual;\n\t(b)\ta company;\n\t(c)\ta trust;\n\t(d)\ta partnership;\n\t(e)\ta corporation sole;\n\t(f)\ta body politic;\nevidential material means—\n\t(a)\ta thing with respect to which an offence against this Law has been committed or is suspected, on reasonable grounds, of having been committed; or\n\t(b)\ta thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Law; or\n\t(c)\ta thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Law;\nforeign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth;\ngeneral monitoring powers see section 104;\nhire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants;\nhirer of a hire and drive vessel means—\n\t(a)\ta person who hires the vessel; or\n\t(b)\ta person, other than the owner of the vessel or a person acting on the owner’s behalf, who operates the vessel while it is under hire;\nimprovement notice means an improvement notice issued under section 110;\ninfringement notice means—\n\t(a)\ta notice that—\n\t(i)\tis given under regulations made for the purposes of section 138 to a person alleged to have committed an offence against this Law; and\n\t(ii)\tstates that if the person pays a specified amount within a specified period the person will not be liable to be prosecuted for the offence; or\n\t(b)\ta notice that—\n\t(i)\tis given under regulations made for the purposes of section 162(3) to a person alleged to have contravened a provision described in that subsection; and\n\t(ii)\tstates that if the person pays a specified amount within a specified period the person will not be liable to proceedings for a civil penalty for the contravention;\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth;\nmarine incident means any of the following:\n\t(a)\ta death of, or injury to, a person associated with the operation or navigation of a domestic commercial vessel;\n\t(b)\tthe loss or presumed loss of a domestic commercial vessel;\n\t(c)\ta collision of a domestic commercial vessel with another vessel;\n\t(d)\ta collision by a domestic commercial vessel with an object;\n\t(e)\tthe grounding, sinking, flooding or capsizing of a domestic commercial vessel;\n\t(f)\ta fire on board a domestic commercial vessel;\n\t(g)\ta loss of stability of a domestic commercial vessel that affects the safety of the vessel;\n\t(h)\tthe structural failure of a domestic commercial vessel;\n\t(i)\ta close quarters situation;\n\t(j)\tan event that results in, or could have resulted in—\n\t(i)\tthe death of, or injury to, a person on board a domestic commercial vessel; or\n\t(ii)\tthe loss of a person from a domestic commercial vessel; or\n\t(iii)\ta domestic commercial vessel becoming disabled and requiring assistance;\n\t(k)\tthe fouling or damaging by a domestic commercial vessel of—\n\t(i)\tany pipeline or submarine cable; or\n\t(ii)\tany aid to navigation within the meaning of the Navigation Act 2012 of the Commonwealth;\n\t(l)\ta prescribed incident involving a domestic commercial vessel;\nmarine safety equipment means equipment designed or used to prevent a marine incident, or mitigate the consequences of a marine incident, and includes, but is not limited to, the following things carried or installed on a domestic commercial vessel:\n\t(a)\tpersonal flotation devices;\n\t(b)\ttelecommunications systems;\n\t(c)\tflares and other devices that can be used to attract attention to the vessel or indicate the vessel’s position;\n\t(d)\tposition identification systems;\n\t(e)\tanchors and other devices that may be used to maintain the vessel’s position or stability;\n\t(f)\toars and other alternative means of propulsion;\n\t(g)\tfire extinguishers;\n\t(h)\tlights;\n\t(i)\tthermal protective aids;\n\t(j)\tsuch other equipment as is prescribed by the regulations;\nmarine safety inspector means—\n\t(a)\ta person appointed as an inspector under section 91; or\n\t(b)\ta member of the Australian Federal Police; or\n\t(c)\ta member of the police force (however described) of a State or a Territory;\nmonitoring warrant means a warrant issued under section 134;\nNational Marine Safety Regulator see section 9;\nNational Regulator see section 9;\nNational Standard for Commercial Vessels means the National Standard for Commercial Vessels adopted by—\n\t(a)\tthe COAG Council; or\n\t(b)\tif no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph;\noccupier in relation to premises, includes—\n\t(a)\ta person who apparently represents the occupier of the premises; and\n\t(b)\tif the premises are a vessel—the master of the vessel;\noffence against this Law includes an offence against the Crimes Act 1914 of the Commonwealth or the Criminal Code that relates to this Law;\noperate a vessel means—\n\t(a)\tdetermine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway; or\n\t(b)\tload or unload the vessel when it is moored or berthed;\nowner of a vessel includes—\n\t(a)\ta person who has a legal or beneficial interest in the vessel, other than as a mortgagee; and\n\t(b)\ta person with overall general control and management of the vessel,\nfor this purpose, a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel;\npartnership has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;\npersonal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;\nperson assisting a marine safety inspector: see section 114;\npilot means a person who does not belong to, but has the conduct of, a vessel;\npremises includes the following:\n\t(a)\ta structure, building, vehicle, vessel or aircraft;\n\t(b)\ta place (whether or not enclosed or built on);\n\t(c)\ta part of a thing referred to in paragraph (a) or (b);\nprohibition notice means a prohibition notice issued under section 111;\nregulated Australian vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth;\nreviewable decision see section 139;\nthis Law includes the regulations and any other legislative instrument made under this Law;\ntrust means a person in the capacity of trustee or, as the case requires, a trust estate;\ntrustee has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;\nUniform Shipping Laws Code means the Uniform Shipping Laws Code adopted by—\n\t(a)\tthe COAG Council; or\n\t(b)\tif no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph;\nunique identifier in relation to a vessel, means a unique identifier issued under section 31;\nunsafe vessel means a vessel that is likely to endanger any person for any reason, including because of—\n\t(a)\tthe condition or equipment of the vessel; or\n\t(b)\tthe manner or place in which cargo or equipment on the vessel is stowed or secured; or\n\t(c)\tthe nature of the cargo; or\n\t(d)\tthe overloading of the vessel with people or cargo (including the submergence of the vessel’s load line); or\n\t(e)\tthe number of its crew or the qualifications of its crew or master;\nvessel see section 8;\nvessel monitoring powers see section 99;\nwarrant means a monitoring warrant or an enforcement warrant.\n7—Definition of domestic commercial vessel\n\t(1)\tIn this Law—\ndomestic commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity.\n\t(2)\tThe use of a vessel in connection with an activity that is not a commercial, governmental or research activity at the same time as the vessel is used in connection with a commercial, governmental or research activity does not prevent the vessel from being a domestic commercial vessel.\n\t(3)\tDespite subsection (1), a vessel is not a domestic commercial vessel if the vessel—\n\t(a)\tis a regulated Australian vessel; or\n\t(b)\tis a foreign vessel; or\n\t(c)\tis a defence vessel; or\n\t(d)\tis owned by—\n\t(i)\ta primary or secondary school; or\n\t(ii)\ta community group of a kind prescribed by the regulations.\nGenerally an Australian vessel will be a regulated Australian vessel if it voyages outside Australia’s exclusive economic zone at any time. Regulated Australian vessels are dealt with by the Navigation Act 2012 of the Commonwealth rather than this Law.\n\t(4)\tDespite subsection (3)(d), a vessel covered by that subsection is a domestic commercial vessel at any time when it is being used for—\n\t(a)\ta purpose prescribed by the regulations; or\n\t(b)\tan activity prescribed by the regulations.\n\t(5)\tDespite subsections (1) and (2), the regulations may provide as follows:\n\t(a)\tthat a specified thing, or a thing included in a specified class, is a domestic commercial vessel;\n\t(b)\tthat a specified thing, or a thing included in a specified class, is not a domestic commercial vessel.\n\t(6)\tRegulations made for the purposes of subsection (3)(d)(ii) may prescribe a kind by reference to a decision of the National Regulator.\n\t(7)\tA vessel in the course of construction is a domestic commercial vessel if the vessel is, after completion, for use as a domestic commercial vessel.\n\t(8)\tFor the purposes of subsection (7), a vessel that has been launched, but has not been completed and delivered under the relevant building contract, is taken to be a vessel in the course of construction.\n8—Definition of vessel\n\t(1)\tIn this Law—\nvessel means a craft for use, or that is capable of being used, in navigation by water, however propelled or moved, and includes an air cushion vehicle, a barge, a lighter, a submersible, a ferry in chains and a wing in ground effect craft.\n\t(2)\tDespite subsection (1), none of the following is a vessel:\n\t(a)\tan aircraft;\n\t(b)\ta thing that is a facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.\n\t(3)\tDespite subsections (1) and (2), the regulations may provide as follows:\n\t(a)\tthat a specified thing, or a thing included in a specified class, is a vessel;\n\t(b)\tthat a specified thing, or a thing included in a specified class, is not a vessel.\nPart 2—The National Marine Safety Regulator\n9—The National Marine Safety Regulator\nThe Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to in this Act as the National Regulator).\nThe Australian Maritime Safety Authority is established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth. Section 10 of that Act sets out the general powers of the Authority.\n10—Functions of the National Regulator\nThe National Regulator has the following functions:\n\t(a)\tto make and maintain Marine Orders made under section 163;\n\t(b)\tto develop and maintain national standards, guidelines and codes of practice relating to marine safety;\n\t(c)\tto issue unique identifiers and certificates for the purposes of this Law and perform other functions in relation to such identifiers and certificates;\n\t(d)\tto accredit persons and approve training organisations for the purposes of this Law;\n\t(e)\tto undertake investigation, monitoring and enforcement activities under or for the purposes of this Law;\n\t(f)\tto consult appropriate authorities of the States and Territories, and other persons, associations and organisations, on matters related to the activities of the National Regulator;\n\t(g)\tto collect and distribute information, and provide advice, to—\n\t(i)\tthe Commonwealth Minister; and\n\t(ii)\tthe States and Territories; and\n\t(iii)\tthe public,\non matters related to the activities of the National Regulator and the operation of this Law;\n\t(h)\tto develop or commission education programs relating to marine safety;\n\t(i)\tto collect, analyse and disseminate data relating to marine safety;\n\t(j)\tsuch other functions as are conferred on the National Regulator by this Law or any other law (including a law of the Commonwealth, a State or the Northern Territory);\n\t(k)\tto perform functions incidental to any of the previously described functions.\n11—Delegation\n\t(1)\tThe National Regulator may, by writing, delegate one or more of the National Regulator’s powers or functions under this Law to one or more of the following:\n\t(a)\tan officer or employee of an agency of the Commonwealth;\n\t(b)\tan officer or employee of an agency of a State or the Northern Territory.\n\t(2)\tA delegate of the National Regulator is subject to the National Regulator’s directions in the exercise of delegated powers and the performance of delegated functions.\n\t(3)\tA person (the delegate) to whom a power or function is delegated under subsection (1) may, by writing, sub‑delegate that power or function to another officer or employee (the sub‑delegate) of the agency of which the delegate is an officer or employee.\n\t(4)\tA sub‑delegate is subject to the directions of the delegate in the exercise of delegated powers and the performance of delegated functions.\n\t(5)\tIf the delegate is subject to a direction by the National Regulator in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (3), the delegate must give a corresponding direction to the sub‑delegate.\n\t(6)\tSections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply to a sub delegation in the same way as they apply to a delegation.\n\t(7)\tThe National Regulator must not delegate a power or function under subsection (1) to an officer or employee of an agency of a State or the Northern Territory without the agreement of the State or the Northern Territory, as the case requires.\nPart 3—General safety duties relating to domestic commercial vessels\n","sortOrder":6},{"sectionNumber":"Div 1","sectionType":"division","heading":"Duties of owners","content":"Division 1—Duties of owners\n12—Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations\n\t(1)\tAn owner of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of—\n\t(a)\tthe vessel; and\n\t(b)\tmarine safety equipment that relates to the vessel; and\n\t(c)\tthe operation of the vessel.\n\t(2)\tWithout limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if—\n\t(a)\tthe owner does not provide or maintain the vessel so that the vessel is, so far as reasonably practicable, safe; or\n\t(b)\tthe owner does not implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe; or\n\t(c)\tthe owner does not provide, so far as reasonably practicable, such information, instruction, training or supervision to people on board the vessel as is necessary to ensure their safety.\n\t(3)\tWithout limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if—\n\t(a)\tthe owner operates the vessel, or causes or allows the vessel to be operated; and\n\t(b)\tthe vessel is an unsafe vessel.\n\t(4)\tWithout limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if the owner prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.\n13—Offences relating to contraventions of section 12\n\t(c)\tthe person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 12(1).\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"Duties of designers, builders, suppliers etc","content":"Division 2—Duties of designers, builders, suppliers etc\n14—Duty relating to design, manufacture etc of domestic commercial vessels\nA person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a domestic commercial vessel, or marine safety equipment that relates to such a vessel, must—\n\t(a)\tensure, so far as reasonably practicable, that the vessel or equipment is safe if used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and\n\t(b)\teither—\n\t(i)\tcarry out, or arrange the carrying out of, such testing and examination as may be necessary for compliance with paragraph (a); or\n\t(ii)\tensure that such testing and examination has been carried out; and\n\t(c)\ttake such action as is necessary to ensure that there will be available, in connection with the use of the vessel or equipment, adequate information about—\n\t(i)\tthe use for which the vessel or equipment was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and\n\t(ii)\tthe results of any testing or examination referred to in paragraph (b); and\n\t(iii)\tany conditions necessary to ensure the vessel or equipment is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be.\n15—Offences relating to contraventions of section 14\n\t(c)\tthe person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 14.\n","sortOrder":8},{"sectionNumber":"Div 3","sectionType":"division","heading":"Duties of masters","content":"Division 3—Duties of masters\n16—Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations\n\t(1)\tThe master of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of—\n\t(a)\tthe vessel; and\n\t(b)\tmarine safety equipment that relates to the vessel; and\n\t(c)\tthe operation of the vessel.\n\t(2)\tWithout limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if the master does not, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel.\n\t(3)\tWithout limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if—\n\t(a)\tthe master operates the vessel, or causes or allows the vessel to be operated; and\n\t(b)\tthe vessel is an unsafe vessel.\n\t(4)\tWithout limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if, when carrying out duties as master or doing anything in relation to the vessel, the master interferes with or misuses anything provided on the vessel in the interests of the safety of the vessel.\n\t(5)\tSubsection (1) does not apply if—\n17—Duty of masters of domestic commercial vessels to take reasonable care for safety of persons\n\t(1)\tThe master of a domestic commercial vessel must, when carrying out duties as master of the vessel—\n\t(a)\ttake reasonable care for his or her own safety; and\n\t(b)\ttake reasonable care for the safety of persons who may be affected by his or her acts or omissions.\n\t(2)\tThe master of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as master of the vessel.\n\t(3)\tSubsections (1) and (2) do not apply if—\n18—Offences relating to contraventions of section 16 or 17\n\t(c)\tthe person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 16(1) or 17(1) or (2).\n","sortOrder":9},{"sectionNumber":"Div 4","sectionType":"division","heading":"Duties of crew","content":"Division 4—Duties of crew\n19—Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc\n\t(1)\tA member of the crew of a domestic commercial vessel, when carrying out duties as a member of the crew, must—\n\t(a)\ttake reasonable care for his or her own safety; and\n\t(b)\ttake reasonable care for the safety of persons who may be affected by his or her acts or omissions; and\n\t(c)\tcomply with any reasonable and lawful directions of the master of the vessel or a supervisor.\n\t(2)\tA member of the crew of a domestic commercial vessel must not interfere with or misuse anything provided on the vessel in the interests of the safety of the vessel.\n\t(3)\tA member of the crew of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as a member of the crew.\n\t(4)\tWithout limiting subsection (1), a member of the crew of a domestic commercial vessel contravenes that subsection if the member of the crew prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.\n20—Offences relating to contraventions of section 19\n\t(c)\tthe person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(c)\tthe person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 19(1), (2) or (3).\n","sortOrder":10},{"sectionNumber":"Div 5","sectionType":"division","heading":"Duties of passengers","content":"Division 5—Duties of passengers\n21—Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc\n\t(1)\tA passenger on board a domestic commercial vessel must—\n\t(a)\ttake reasonable care for his or her safety; and\n\t(b)\tcomply with any reasonable and lawful directions of the master or a member of the crew of the vessel, if the passenger has been advised that non‑compliance may constitute an offence.\n\t(2)\tA passenger on board a domestic commercial vessel must not interfere with or misuse anything provided on the vessel in the interests of the safety of the vessel.\n\t(3)\tA passenger on board a domestic commercial vessel must not unreasonably place at risk the safety of another person.\n\t(4)\tWithout limiting subsection (1), a passenger on board a domestic commercial vessel contravenes that subsection if the passenger prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel.\n22—Offences relating to contraventions of section 21\n\t(1)\tA person commits an offence if:\n\t(b)\tthe act or omission contravenes section 21(1), (2) or (3); and\n\t(c)\tthe person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 21(1), (2) or (3); and\n\t(c)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 21(1), (2) or (3).\n\t(b)\tthe act or omission contravenes section 21(1), (2) or (3).\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"Other duties","content":"Division 6—Other duties\n23—Duty of persons relating to safety of persons on domestic commercial vessels, etc\n\t(1)\tA person embarking on, on board or disembarking from a domestic commercial vessel must take reasonable care for his or her own safety.\n\t(2)\tWithout limiting subsection (1), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of the person.\n\t(3)\tA person must take reasonable care that his or her acts and omissions do not adversely affect the safety of another person if that other person—\n\t(a)\tis on board a domestic commercial vessel; or\n\t(b)\tis taking an action connected with a domestic commercial vessel.\n\t(4)\tWithout limiting subsection (3), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of another person referred to in that subsection.\n24—Offences relating to contraventions of section 23\n\t(c)\tthe person intends the act or omission to be a risk to the safety of a person.\n\t(c)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person.\n\t(c)\tthe person is negligent as to whether the act or omission is a risk to the safety of a person.\n\t(b)\tthe act or omission contravenes section 23(1) or (3).\n25—Duty of persons in relation to domestic commercial vessels\n\t(1)\tA person must not unreasonably cause, or do an act or omit to do an act that may cause, the loss or destruction of, or serious damage to, a domestic commercial vessel.\n\t(2)\tA person must take such actions as are reasonably practicable to prevent the loss or destruction of, or serious damage to, a domestic commercial vessel.\n\t(3)\tWithout limiting subsection (1), a person contravenes that subsection if the person prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of the vessel.\n26—Offences relating to contraventions of section 25\n\t(b)\tthe act or omission contravenes section 25(1)or (2); and\n\t(c)\tthe person intends the act or omission to cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 25(1) or (2); and\n\t(c)\tthe person is reckless as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 25(1) or (2); and\n\t(c)\tthe person is negligent as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.\n\t(b)\tthe act or omission contravenes section 25(1) or (2).\n","sortOrder":12},{"sectionNumber":"Div 7","sectionType":"division","heading":"General provisions","content":"Division 7—General provisions\n27—Determining what is reasonably practicable to ensure safety\nIn this Law, reasonably practicable, in relation to a duty imposed upon a person to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring safety, taking into account and weighing up all relevant matters, including—\n\t(a)\tthe likelihood of the hazard or risk concerned eventuating; and\n\t(b)\tthe degree of harm that might result from the hazard or risk concerned eventuating; and\n\t(c)\twhat the person concerned knows, or ought reasonably to know, about—\n\t(i)\tthe hazard or the risk concerned; and\n\t(ii)\tways of eliminating or minimising the hazard or risk concerned; and\n\t(d)\tthe availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and\n\t(e)\tafter assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned.\n28—Functions and powers of marine safety inspectors not affected\nTo avoid doubt, subsections 21(4), 23(2) and (4) and 25(3) do not affect the performance of a function or the exercise of a power under this Law by a marine safety inspector.\n29—Requirements imposed by this Part do not limit one another\nThe requirements imposed by this Part do not limit one another.\nPart 4—Vessel identifiers and certificates for vessels and seafarers\nDivision 1—Unique identifiers\n30—Person may apply for unique identifier\n\t(1)\tA person may apply to the National Regulator for a unique identifier for a domestic commercial vessel.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\nRegulations could provide for the application to be made in conjunction with an application for a certificate (for example, a certificate of operation).\n31—Issue of unique identifier\n\t(1)\tThe National Regulator must, by written instrument, issue a unique identifier for a domestic commercial vessel if—\n\t(a)\tan application for the unique identifier has been made under section 30; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the unique identifier.\n\t(2)\tWithout limiting the criteria that may be prescribed, the regulations are to include criteria relating to the identification of the vessel.\n\t(3)\tA unique identifier comes into force on the day specified in the written instrument or, if no day is so specified, on the day on which it is issued.\n32—Offence—operating etc a vessel without a unique identifier (owner)\n\t(a)\tthe owner—\n\t(b)\ta unique identifier is not in force for the vessel; and\n\t(c)\tthe vessel is not exempt from the requirement to have a unique identifier (see section 143).\n33—Offence—operating etc a vessel without a unique identifier (master)\n\t(a)\tthe master—\n\t(b)\ta unique identifier is not in force for the vessel; and\n\t(c)\tthe vessel is not exempt from the requirement to have a unique identifier (see section 143).\n34—Offence—display etc of a unique identifier (owner)\n\t(a)\tthe owner—\n\t(b)\ta unique identifier is not displayed on the vessel in accordance with the regulations.\n35—Offence—display etc of unique identifier (master)\n\t(a)\tthe master—\n\t(b)\ta unique identifier is not displayed on the vessel in accordance with the regulations.\n36—Offence—removal or alteration of a unique identifier\n\t(a)\tthe person removes or alters a unique identifier that is displayed on a domestic commercial vessel; and\n\t(b)\tthe removal or alteration is not permitted by the regulations.\nDivision 2—Certificates of survey\n37—Person may apply for a certificate of survey\n\t(1)\tA person may apply to the National Regulator for a certificate of survey for a domestic commercial vessel.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\n38—Issue of certificate of survey\n\t(1)\tThe National Regulator must issue a certificate of survey for a domestic commercial vessel if—\n\t(a)\tan application for the certificate has been made under section 37; and\n\t(b)\tthe National Regulator is satisfied that the vessel has been surveyed in accordance with the regulations; and\n\t(c)\tthe National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.\n\t(2)\tWithout limiting the criteria that may be prescribed, the regulations are to include criteria relating to—\n\t(a)\tthe technical specifications that the vessel must satisfy; and\n\t(b)\tthe standards prescribed as mentioned in section 159 that the vessel must satisfy.\n\t(3)\tA certificate of survey is subject to—\n\t(4)\tConditions prescribed by the regulations or imposed by the National Regulator may include, but are not limited to, conditions relating to—\n\t(a)\tthe frequency with which a vessel must be surveyed; and\n\t(b)\tcompliance with standards prescribed as mentioned in section 159.\n\t(5)\tA certificate of survey—\n\t(a)\tcomes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and\n\t(b)\tsubject to subsection (6), remains in force until the day specified in the certificate, unless it is revoked earlier.\n\t(6)\tA certificate of survey is not in force at any time when it is suspended.\n39—Person may apply for variation, suspension or revocation of a certificate of survey\n\t(1)\tA person may apply to the National Regulator for a variation, suspension or revocation of a certificate of survey for a domestic commercial vessel.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\n40—Variation of certificate of survey\n\t(1)\tThe National Regulator must vary a certificate of survey if—\n\t(a)\tan application for variation of the certificate has been made under section 39; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.\n\t(2)\tThe National Regulator must vary a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met.\n\t(3)\tWithout limiting subsections (1) and (2), the National Regulator may vary a certificate of survey to impose a condition on the certificate or to vary or revoke such a condition.\n41—Suspension of certificate of survey\n\t(1)\tThe National Regulator must suspend a certificate of survey if—\n\t(a)\tan application for suspension of the certificate has been made under section 39; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.\n\t(2)\tThe National Regulator must suspend a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the suspension is necessary—\n\t(a)\tcomes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and\n\t(i)\tthe end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or\n\t(4)\tA period referred to in subsection (3)(b)(i) may be specified by reference to the fulfilment of a requirement or condition specified by the Regulator.\n42—Revocation of certificate of survey\n\t(1)\tThe National Regulator must revoke a certificate of survey if—\n\t(a)\tan application for revocation of the certificate has been made under section 39; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.\n\t(2)\tThe National Regulator must revoke a certificate of survey on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met.\n43—Offence—operating etc a vessel without a certificate of survey (owner)\n\t(b)\ta certificate of survey is not in force for the vessel; and\n\t(c)\tthe vessel is not exempt from survey (see section 143).\n44—Offence—operating etc a vessel without a certificate of survey (master)\n\t(b)\ta certificate of survey is not in force for the vessel; and\n\t(c)\tthe vessel is not exempt from survey (see section 143).\n45—Offence—breach of a condition of a certificate of survey (owner)\n\t(b)\tthe operation of the vessel is in breach of a condition of the certificate of survey of the vessel.\n46—Offence—breach of a condition of a certificate of survey (master)\n\t(b)\tthe operation of the vessel is in breach of a condition of the certificate of survey of the vessel.\nDivision 3—Certificates of operation\n47—Person may apply for a certificate of operation\n\t(1)\tA person may apply to the National Regulator for a certificate of operation for one or more domestic commercial vessels.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\n\t(3)\tIf the application is for more than one domestic commercial vessel, each vessel must be separately identified in the application.\n48—Issue of certificate of operation\n\t(1)\tThe National Regulator must issue a certificate of operation for one or more domestic commercial vessels if—\n\t(a)\tan application for the certificate has been made under section 47; and\n\t(b)\tthe National Regulator is satisfied that the applicant has demonstrated appropriate competence and capacity in relation to the safe operation of the vessel; and\n\t(c)\tthe National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.\n\t(2)\tDespite subsection (1), the National Regulator may refuse to issue a certificate of operation for one or more domestic commercial vessels if the National Regulator is satisfied that the applicant is not a fit and proper person to hold the certificate.\n\t(3)\tWithout limiting the criteria that may be prescribed, the regulations are to include criteria relating to the safe operation of vessels.\n\t(4)\tA certificate of operation is subject to—\n\t(5)\tConditions prescribed by the regulations or imposed by the National Regulator on a certificate of operation may include, but are not limited to, conditions relating to the following for each vessel to which the certificate relates:\n\t(a)\tthe number of crew required to be on board while the relevant vessel or vessels are being operated;\n\t(b)\tqualifications of the master and crew;\n\t(c)\tthe number of people that may be on board;\n\t(d)\tthe condition of specified physical parts of the relevant vessel or vessels;\n\t(e)\tsafety management systems;\n\t(f)\tlimitations on use by reference to geographical and meteorological factors and time of day;\n\t(g)\toperating hours;\n\t(h)\tcompliance with standards prescribed as mentioned in section 159.\n\t(6)\tA certificate of operation—\n\t(a)\tcomes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and\n\t(b)\tsubject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.\n\t(7)\tA certificate of operation is not in force at any time when it is suspended.\n49—Person may apply for variation, suspension or revocation of a certificate of operation\n\t(1)\tA person may apply to the National Regulator for a variation, suspension or revocation of a certificate of operation.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\n50—Variation of certificate of operation\n\t(1)\tThe National Regulator must vary a certificate of operation if—\n\t(a)\tan application for variation of the certificate has been made under section 49; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.\n\t(2)\tThe National Regulator must vary a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met.\n\t(3)\tWithout limiting subsections (1) and (2), the National Regulator may vary a certificate of operation to impose a condition on the certificate or to vary or revoke such a condition.\n51—Suspension of certificate of operation\n\t(1)\tThe National Regulator must suspend a certificate of operation if—\n\t(a)\tan application for suspension of the certificate has been made under section 49; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.\n\t(2)\tThe National Regulator must suspend a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that the suspension is necessary—\n\t(a)\tcomes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and\n\t(i)\tthe end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or\n\t(4)\tA period referred to in (3)(b)(i) may be described by reference to the fulfilment of a requirement or condition specified by the Regulator.\n52—Revocation of certificate of operation\n\t(1)\tThe National Regulator must revoke a certificate of operation if—\n\t(a)\tan application for revocation of the certificate has been made under section 49; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.\n\t(2)\tThe National Regulator must revoke a certificate of operation on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met.\n\t(3)\tWithout limiting subsections (1) and (2), the National Regulator may revoke a certificate of operation if the National Regulator is satisfied that the holder of the certificate is not a fit and proper person to hold the certificate.\n53—Offence—operating etc a vessel without a certificate of operation (owner)\n\t(a)\tthe owner operates the vessel, or causes or permits the vessel to be operated by another person; and\n\t(b)\tthe operation of the vessel is not authorised by a certificate of operation in force for the vessel; and\n\t(c)\tthe vessel is not exempt from the requirement to have a certificate of operation (see section 143).\n54—Offence—operating etc a vessel without a certificate of operation (master)\n\t(a)\tthe master operates the vessel, or causes or permits the vessel to be operated by another person; and\n\t(b)\tthe operation of the vessel is not authorised by a certificate of operation in force for the vessel; and\n\t(c)\tthe vessel is not exempt from the requirement to have a certificate of operation (see section 143).\n55—Offence—breach of a condition of a certificate of operation (owner)\n\t(b)\tthe operation of the vessel is in breach of a condition of the certificate of operation for the vessel.\n56—Offence—breach of a condition of a certificate of operation (master)\n\t(b)\tthe operation of the vessel is in breach of a condition of the certificate of operation for the vessel.\n57—Obligation to notify National Regulator of certain matters\n\t(1)\tThe holder of a certificate of operation for a domestic commercial vessel commits an offence if—\n\t(a)\tthe vessel is sold, modified, sunk or scrapped; and\n\t(b)\tthe holder does not notify the National Regulator within the prescribed period of the sale, modification, sinking or scrapping of the vessel.\nDivision 4—Certificates of competency\n58—Regulations may provide for certificate of competency\n\t(1)\tThe regulations may make provision in relation to certificates of competency.\n\t(2)\tThe regulations may require that an individual hold a certificate of competency of a particular kind in order to undertake particular duties, or perform particular functions, in the person’s capacity as the master or a member of the crew of a domestic commercial vessel.\n\t(3)\tThe regulations may provide for different classes of certificates of competency.\n59—Individual may apply for a certificate of competency\n\t(1)\tAn individual may apply to the National Regulator for a certificate of competency.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\n60—Issue of certificate of competency\n\t(1)\tThe National Regulator must issue a certificate of competency to a person if—\n\t(a)\tthe person has made an application for the certificate under section 59; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.\n\t(2)\tDespite subsection (1), the National Regulator may refuse to issue a certificate of competency to a person if the National Regulator is satisfied that the applicant is not a fit and proper person to hold the certificate.\n\t(3)\tWithout limiting the criteria that may be prescribed, the regulations—\n\t(a)\tare to include criteria required to be satisfied for a particular certificate of competency to be issued to a person; and\n\t(b)\tmay include criteria relating to tests, including medical tests, and assessments of experience and competence.\n\t(4)\tA certificate of competency is subject to—\n\t(5)\tConditions prescribed by the regulations or imposed by the National Regulator may include, but are not limited to—\n\t(a)\tconditions relating to tests, including medical tests, and assessments of experience and competence, that the holder of the certificate must take in order to retain the certificate; and\n\t(b)\tlimitations relating to the types or classes of domestic commercial vessels that the holder of the certificate is authorised to operate; and\n\t(c)\tthe places and kinds of waters in which, and periods during which, the holder of the certificate is authorised to operate domestic commercial vessels.\n\t(6)\tA certificate of competency—\n\t(a)\tcomes into force on the day specified in the certificate or, if no day is specified, the day on which it is issued; and\n\t(b)\tsubject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.\n\t(7)\tA certificate of competency is not in force at any time when it is suspended.\n61—Person may apply for variation, suspension or revocation of a certificate of competency\n\t(1)\tA person may apply to the National Regulator for a variation, suspension or revocation of a certificate of competency held by the person.\n\t(2)\tThe application must be in accordance with the regulations and must be accompanied by the fee prescribed by the regulations (if any).\n62—Variation of certificate of competency\n\t(1)\tThe National Regulator must vary a certificate of competency if—\n\t(a)\tan application for variation of the certificate has been made under section 61; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.\n\t(2)\tThe National Regulator must vary a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met.\n\t(3)\tWithout limiting subsections (1) and (2), the National Regulator may vary a certificate of competency to impose a condition on the certificate or to vary or revoke such a condition.\n63—Suspension of certificate of competency\n\t(1)\tThe National Regulator must suspend a certificate of competency if—\n\t(a)\tan application for suspension of the certificate has been made under section 61; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.\n\t(2)\tThe National Regulator must suspend a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that the suspension is necessary—\n\t(a)\tcomes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and\n\t(i)\tthe end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or\n\t(4)\tA period referred to in subparagraph (3)(b)(i) may be described by reference to the fulfilment of a requirement or condition specified by the Regulator.\n64—Revocation of certificate of competency\n\t(1)\tThe National Regulator must revoke a certificate of competency if—\n\t(a)\tan application for revocation of the certificate has been made under section 61; and\n\t(b)\tthe National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.\n\t(2)\tThe National Regulator must revoke a certificate of competency on the National Regulator’s initiative if the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met.\n\t(3)\tWithout limiting subsections (1) and (2), the National Regulator may revoke a certificate of competency if the National Regulator is satisfied that the holder of the certificate is not a fit and proper person to hold the certificate.\n65—Offence—owner causing etc performance of duties or functions without a certificate of competency\n\t(a)\tthe owner causes or permits another person to perform duties or functions in relation to the vessel; and\n\t(b)\tthe regulations require the other person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and\n\t(c)\tthe other person does not hold a certificate of competency of that kind; and\n\t(d)\tthe other person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).\n66—Offence—person performing duties or functions without a certificate of competency\n\t(a)\tthe person performs duties or functions in relation to a domestic commercial vessel; and\n\t(b)\tthe regulations require the person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and\n\t(c)\tthe person does not hold a certificate of competency of that kind; and\n\t(d)\tthe person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).\n67—Offence—master causing etc performance of duties or functions without a certificate of competency\n\t(a)\tthe master causes or permits another person to perform duties or functions in relation to the vessel; and\n\t(b)\tthe regulations require the other person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and\n\t(c)\tthe other person does not hold a certificate of competency of that kind; and\n\t(d)\tthe other person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).\n68—Offence—owner causing etc breach of a condition of a certificate of competency\n\t(a)\tthe owner causes or permits another person to perform duties or functions in relation to the vessel; and\n\t(b)\tthe performance of the duties or functions is in breach of a condition of a certificate of competency held by the other person.\n69—Offence—breach of a condition of a certificate of competency by any person\n\t(a)\tthe person performs duties or functions in relation to a domestic commercial vessel; and\n\t(b)\tthe performance of the duties or functions is in breach of a condition of a certificate of competency held by the person.\n70—Offence—master causing etc breach of a condition of a certificate of competency\n\t(a)\tthe master causes or permits another person to perform duties or functions in relation to the vessel; and\n\t(b)\tthe performance of the duties or functions is in breach of a condition of a certificate of competency held by the other person.\nDivision 5—General matters relating to unique identifiers and certificates\n71—National Regulator may require information\n\t(1)\tThe National Regulator may require a person to give further information in relation to an application by the person for a certificate or a unique identifier.\n\t(2)\tThe National Regulator may require information to be given under this section at any time before the National Regulator decides the application, whether before or after the National Regulator has begun to consider the application.\n\t(3)\tIf the National Regulator requires information to be given under this section in relation to an application, the National Regulator may decline to consider or further consider the application until the information is provided.\n72—National Regulator must give a show cause notice before varying, suspending or revoking a certificate\n\t(1)\tThe National Regulator must, before varying or revoking a certificate—\n\t(a)\tgive the holder of the certificate notice in writing inviting the holder to show cause, within a reasonable period specified in the notice, why the variation should not be made or the certificate should not be revoked; and\n\t(b)\tconsider any representations the holder makes to the National Regulator within that period.\n\t(2)\tThe National Regulator must, before suspending a certificate in accordance with section 41(2)(b), 51(2)(b) or 63(2)(b)—\n\t(a)\tgive the holder of the certificate notice in writing inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended; and\n\t(b)\tconsider any representations the holder makes to the National Regulator within that period.\n\t(3)\tThe National Regulator is not required to give a notice under subsection (1) or (2) before varying, suspending or revoking a certificate on application made by the holder of the certificate.\n73—National Regulator may recognise certificates\n\t(1)\tThe National Regulator may, by written instrument, recognise a certificate, or a class of certificates, issued for a vessel or a person under a law of the Commonwealth, a State or a Territory, or a law of a foreign country, if the National Regulator is satisfied—\n\t(a)\tthat the certificate is the equivalent of, or that it is otherwise appropriate to recognise the certificate as the equivalent of, a prescribed certificate; or\n\t(b)\tthat the class of certificates is the equivalent of, or that it is otherwise appropriate to recognise the class of certificates as the equivalent of, a prescribed class of certificates.\n\t(2)\tAt a time when a certificate in force for a vessel or a person is recognised under this section, the prescribed certificate is taken to be in force for the vessel or the person.\n\t(3)\tThe National Regulator may specify conditions to which the recognition of the certificate is subject.\n\t(4)\tA recognition of a certificate ceases to have effect if a condition to which its recognition is subject is contravened.\n\t(5)\tThe National Regulator may revoke a recognition of a certificate in the circumstances prescribed by the regulations.\n\t(6)\tAn instrument made under subsection (1) is not a legislative instrument.\n74—Fit and proper person\n\t(1)\tIn determining whether a person is a fit and proper person for the purposes of deciding whether to issue or revoke a certificate, the National Regulator may have regard only to—\n\t(a)\tany conviction of the person for an offence against this Law; and\n\t(b)\tany conviction of the person for an offence against a law of the Commonwealth, a State or a Territory that is relevant for the purposes of deciding whether the person is suitable to hold the certificate; and\n\t(c)\tany other matter prescribed by the regulations.\n\t(2)\tThis section does not affect the operation of Part VIIC of the Crimes Act 1914 of the Commonwealth (which includes provisions that, in certain circumstances, relieve persons of the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).\n75—Regulations may provide for matters relating to certificates and unique identifiers\nThe regulations may provide for matters in relation to certificates and unique identifiers.\n76—Regulations may provide for matters relating to applications for certificates and unique identifiers\n\t(1)\tWithout limiting section 75, the regulations may prescribe the following matters in relation to applications for certificates and unique identifiers:\n\t(a)\tthe persons who may make applications;\n\t(b)\tapproval of forms for the making of applications;\n\t(c)\tthe manner of making applications;\n\t(d)\tinformation required to be included in applications;\n\t(e)\tdocuments that must accompany applications;\n\t(f)\tfees connected with applications;\n\t(g)\twithdrawal of applications.\n\t(2)\tThe regulations may require information included in applications to be verified by statutory declaration.\n77—Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers\n\t(1)\tWithout limiting section 75, the regulations may make provision for and in relation to the following:\n\t(a)\tcriteria that must be satisfied in order for the National Regulator to issue certificates or unique identifiers, or to vary or revoke certificates;\n\t(b)\tthe time limits within which applications are to be determined;\n\t(c)\tthe information to be included in certificates;\n\t(d)\tthe person in whose name certificates are to be issued;\n\t(e)\tconditions to which certificates are subject;\n\t(f)\tconditions that the National Regulator may impose upon certificates;\n\t(g)\tthe time at which certificates, variations of certificates, suspensions of certificates and revocations of certificates come into force;\n\t(h)\tthe time at which certificates or suspensions cease to be in force;\n\t(i)\tthe methods of replacing certificates;\n\t(j)\tregisters of certificates and unique identifiers;\n\t(k)\tthe criteria to be met for variation of certificates—\n\t(i)\ton application; or\n\t(ii)\ton the initiative of the National Regulator;\n\t(l)\tprocedures relating to notification of proposed decisions by the National Regulator.\n\t(2)\tThe criteria that may be prescribed for the purposes of subsection (1)(a) include, but are not limited to, criteria relating to compliance with standards prescribed as mentioned in section 159.\n\t(3)\tThe conditions that may be prescribed for the purposes of subsections (1)(e) and (f) include, but are not limited to, conditions relating to compliance with standards prescribed as mentioned in section 159.\n78—Regulations may make provision in relation to renewal and transfer of certificates\nWithout limiting section 75, the regulations may make provision for and in relation to the following:\n\t(a)\tthe renewal of certificates;\n\t(b)\tthe transfer of certificates;\n\t(c)\trequiring notification to be given of events involving domestic commercial vessels that have unique identifiers, including, but not limited to, change of ownership.\n79—Regulations may require display of certificates\nThe regulations may require that a person display a certificate or a unique identifier in the prescribed manner.\n80—Regulations may provide for certificate of operation for persons\n\t(1)\tThe regulations may provide for certificates of operation to be issued to a person permitting the operation of domestic commercial vessels by the person and other persons.\n\t(2)\tRegulations made for the purposes of subsection (1) may provide for certificates of operation to be held in relation to one or more specified vessels (which may be specified by reference to a class and need not be separately specified).\n81—Effect of certificate of operation for persons\nA certificate of operation is taken to be in force for a vessel, and to be subject to any conditions imposed under the regulations, to the extent that—\n\t(a)\ta certificate of operation has been issued under regulations made for the purposes of section 80; and\n\t(b)\tthe certificate of operation permits the operation by a person of—\n\t(i)\tthe vessel; or\n\t(ii)\tvessels of a class that includes the vessel; and\n\t(c)\tthe vessel is operated by the person.\n82—Defeasibility\nA certificate under this Law is issued on the basis that—\n\t(a)\tthe certificate may be revoked or varied under this Law; and\n\t(b)\tthe certificate may be revoked or varied (however described) by or under later legislation; and\n\t(c)\tno compensation is payable if the certificate is revoked or varied as mentioned in either of the above paragraphs.\n83—Certificates etc to be made available\n\t(a)\tthe person is the holder of a certificate or other document—\n\t(i)\trequired to be held under this Law; or\n\t(ii)\tissued under this Law; and\n\t(b)\ta copy of the certificate or other document is not made available at all reasonable times for examination on request by either of the following:\n\t(i)\tthe National Regulator;\n\t(ii)\ta marine safety inspector.\n84—National Regulator may require delivery of revoked certificates\nIf a certificate is revoked, the National Regulator may require the certificate to be delivered to the National Regulator in accordance with the regulations.\nPart 5—Assistance and reporting requirements\n85—Obligation to render assistance\n\t(a)\tthe vessel is in any waters; and\n\t(b)\tthe master has reason to believe that one or more persons are in distress on a vessel or in any waters; and\n\t(c)\tthe master does not both—\n\t(i)\tcause his or her vessel to proceed as fast as practicable to the assistance of the person or persons; and\n\t(ii)\tinform the person or persons that the master is doing so.\nPenalty: Imprisonment for 4 years.\n\t(a)\tthe master of the domestic commercial vessel is unable to comply with subsection (1)(c); or\n\t(b)\tin the special circumstances of the case, it is unreasonable or unnecessary for the master of the domestic commercial vessel to do so; or\n\t(c)\tthe master of the domestic commercial vessel is informed by the person or persons in distress, or by the master of another vessel that has reached the person or persons, that assistance is no longer necessary; or\n\t(d)\tthe master of the domestic commercial vessel is informed that another vessel has been requisitioned and is complying with the requisition.\nA defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).\n86—Obligation to render assistance if requisitioned\n\t(1)\tThe master of a vessel that is in distress in any waters may, after consulting so far as possible with the masters of vessels that answer his or her call for assistance, requisition any domestic commercial vessel that the master considers best able to render assistance.\n\t(2)\tThe master of a domestic commercial vessel commits an offence if—\n\t(a)\tthe vessel is requisitioned by the master of another vessel that is in distress in any waters, in accordance with subsection (1); and\n\t(b)\tthe master does not cause his or her vessel to proceed as fast as practicable to the assistance of the other vessel.\nPenalty: Imprisonment for 10 years.\n\t(3)\tSubsection (2) does not apply if—\n\t(a)\tthe master of the domestic commercial vessel is unable to comply with subsection (2)(b); or\n\t(b)\tin the special circumstances of the case, it is unreasonable or unnecessary for the master to do so; or\n\t(c)\tthe master of the domestic commercial vessel is informed by the master of the vessel in distress, or by the master of another vessel that has reached the vessel in distress, that assistance is no longer necessary; or\n\t(d)\tthe master of the domestic commercial vessel is informed that another vessel has been requisitioned and is complying with the requisition.\nA defendant bears an evidential burden in relation to the matter in subregulation (2) (see section 13.3(3) of the Criminal Code).\n87—Obligation to record requests for assistance\n\t(1)\tThe master of a domestic commercial vessel commits an offence if the master—\n\t(a)\tis required to keep an official logbook for the vessel; and\n\t(b)\treceives information that a person or persons are in distress on a vessel or in any waters; and\n\t(c)\tdoes not record in the official logbook—\n\t(i)\tthat he or she proceeded to the assistance of the person or persons; or\n\t(ii)\tif he or she did not so proceed—his or her reasons for not so proceeding.\nPenalty: 50 penalty units.\n88—Reporting of marine incidents to National Regulator (owner)\n\t(a)\tthe vessel is involved in a marine incident that involves—\n\t(i)\tthe death of a person; or\n\t(ii)\tserious injury to a person; or\n\t(iii)\tthe loss of a vessel; or\n\t(iv)\tthe loss of a person from the vessel; or\n\t(v)\tsignificant damage to a vessel; and\n\t(b)\tneither the owner nor the master of the vessel reports the incident to the National Regulator as soon as reasonably practicable, having regard to the circumstances, after the owner becomes aware of the incident.\n\t(2)\tThe owner of a domestic commercial vessel commits an offence if—\n\t(b)\tneither the owner nor the master of the vessel gives a written report of the incident, in the form approved by the National Regulator, to the National Regulator within 72 hours after the owner becomes aware of the incident.\n\t(3)\tAn offence against subsection (1) or (2) is an offence of strict liability.\n89—Reporting of marine incidents to National Regulator (master)\n\t(a)\tthe vessel is involved in a marine incident that involves—\n\t(i)\tthe death of a person; or\n\t(ii)\tserious injury to a person; or\n\t(iii)\tthe loss of a vessel; or\n\t(iv)\tthe loss of a person from a vessel; or\n\t(v)\tsignificant damage to a vessel; and\n\t(b)\tneither the master nor the owner of the vessel reports the incident to the National Regulator as soon as reasonably practicable after the master becomes aware of the incident, having regard to the circumstances.\n\t(2)\tThe master of a domestic commercial vessel commits an offence if—\n\t(b)\tneither the master nor the owner of the vessel gives a written report of the incident, in the form approved by the National Regulator, to the National Regulator within 72 hours after the master becomes aware of the incident.\n\t(3)\tAn offence against subsection (1) or (2) is an offence of strict liability.\n90—Evidence of marine incidents\n\t(1)\tPreservation of evidence by persons on board vessel\n\t(a)\ta domestic commercial vessel is involved in a marine incident; and\n\t(b)\tthe person does not, so far as reasonably practicable, preserve any material that may be relevant to an investigation of the marine incident.\n\t(2)\tVessel owner’s duty to ensure preservation of evidence\nThe owner of a domestic commercial vessel commits an offence if—\n\t(b)\tthe owner does not take all reasonable steps to ensure the preservation of any material that may be relevant to an investigation of the marine incident.\nPart 6—Powers of marine safety inspectors\nDivision 1—Appointment of marine safety inspectors etc\n91—Appointment of marine safety inspectors\n\t(1)\tThe National Regulator may, in writing, appoint either of the following as a marine safety inspector:\n\t(a)\tan officer or employee of an agency of the Commonwealth;\n\t(b)\tan officer or employee of an agency of a State or Territory.\n\t(2)\tA marine safety inspector may exercise all of the powers of a marine safety inspector under this Law, or such of those powers as are specified in the inspector’s instrument of appointment.\n\t(3)\tThe National Regulator must not appoint a person as a marine safety inspector unless the National Regulator is satisfied that the person has suitable qualifications or experience to properly exercise the powers of an inspector.\n\t(4)\tThe National Regulator must not appoint an officer or employee of an agency of a State or Territory as a marine safety inspector without the agreement of the State or Territory.\n\t(5)\tIn exercising his or her powers or performing his or her functions as a marine safety inspector, the inspector must comply with any direction of the National Regulator.\n92—Identity cards\n\t(1)\tThe National Regulator must issue an identity card to a marine safety inspector appointed under section 91.\n\t(2)\tThe identity card must—\n\t(a)\tbe in the form approved by the National Regulator; and\n\t(b)\tcontain a recent photograph of the marine safety inspector; and\n\t(c)\tstate the powers that the inspector may exercise.\n\t(a)\tthe person has been issued with an identity card; and\n\t(b)\tthe person ceases to be a marine safety inspector; and\n\t(c)\tthe person does not, as soon as practicable after so ceasing, return the identity card to the National Regulator.\nPenalty: 5 penalty units.\n\t(4)\tAn offence against subsection (3) is an offence of strict liability.\n\t(5)\tSubsection (3) does not apply if the identity card was lost or destroyed.\nA defendant bears an evidential burden in relation to the matter in subsection (5) (see section 13.3(3) of the Criminal Code).\n\t(6)\tA marine safety inspector appointed under section 91 must carry his or her identity card at all times when exercising powers and performing functions and duties as an inspector.\n93—False representation about being a marine safety inspector\n\t(1)\tA person must not make a representation that the person is a marine safety inspector if the person is not a marine safety inspector.\n94—Obstructing or hindering a marine safety inspector\nA person must not obstruct or hinder a marine safety inspector in the exercise of his or her powers under this Law.\nDivision 2—Entry, search, seizure, detention and information gathering powers\n","sortOrder":13},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Powers to facilitate boarding with or without consent or warrant","content":"Subdivision 1—Powers to facilitate boarding with or without consent or warrant\n95—Requirement to facilitate boarding\n\t(1)\tA marine safety inspector may require a person to take reasonable steps to facilitate the boarding of a vessel under this Part.\n\t(2)\tA requirement under subsection (1) may be made by any reasonable means.\n\t(3)\tThe requirement is made whether or not the person in charge of the vessel understands or is aware of the requirement.\n\t(4)\tOffence—non‑compliance with requirement\n\t(5)\tSubsection (4) does not apply if the person has a reasonable excuse.\nA defendant bears an evidential burden in relation to the matter in subsection (5) (see section 13.3(3) of the Criminal Code).\n\t(6)\tAn offence against subsection (4) is an offence of strict liability.\n96—Entering certain premises for access to domestic commercial vessel\n\t(1)\tA marine safety inspector may enter any premises that are a structure, building or place, and are not used as a residence, to gain access to a domestic commercial vessel for a purpose referred to in section 97(1).\n\t(2)\tSubsection (1) does not authorise a marine safety inspector to enter premises unless—\n\t(a)\tif the inspector has been appointed under section 91—the inspector has shown his or her identity card if required by the occupier; or\n\t(b)\tif the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory—the inspector is in uniform, or has shown his or her police identification if required by the occupier.\n\t(3)\tA marine safety inspector is not required to comply with subsection (2) if he or she believes on reasonable grounds that to do so would endanger a person.\n\t(4)\tIf—\n\t(a)\ta marine safety inspector does not comply with subsection (2) because of subsection (3); and\nthe inspector must show his or her identity card to the occupier or other person, as soon as practicable after entering the premises.\n","sortOrder":14},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Powers relating to vessels, exercisable without consent or warrant","content":"Subdivision 2—Powers relating to vessels, exercisable without consent or warrant\n97—Boarding a vessel\n\t(1)\tA marine safety inspector may board a vessel for any of the following purposes:\n\t(a)\tto ask questions under section 98;\n\t(b)\tmonitoring purposes;\n\t(c)\tto issue an improvement notice or prohibition notice to a person;\n\t(d)\tif the regulations referred to in section 138 provide for a marine safety inspector to issue infringement notices, or notices relating to the issue of infringement notices—to issue such a notice;\n\t(e)\tto give a person a notice under section 101;\n\t(f)\tto give a direction under section 109.\n\t(2)\tIf—\n\t(a)\tthe inspector has been appointed under section 91; and\n\t(b)\tthe master of the vessel requests the inspector to produce identification,\nthe inspector must produce his or her identity card.\n\t(3)\tIf—\n\t(a)\tthe inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform; and\n\t(b)\tthe master of the vessel requests the inspector to produce identification,\nthe inspector must produce his or her police identification.\n\t(4)\tIf the marine safety inspector fails to produce the identity card or police identification, the inspector must—\n\t(a)\tleave the vessel; and\n\t(b)\tnot re‑board the vessel without producing the identity card or police identification or wearing police uniform.\n\t(5)\tA marine safety inspector is not required to comply with subsection (2), (3) or (4) if he or she believes on reasonable grounds that to do so would endanger a person.\n\t(6)\tIf a marine safety inspector does not comply with subsection (2) or (3) because of subsection (5), the inspector must, as soon as practicable after the request was made, show his or her identity card or police identification to the master.\n98—Requiring master of a vessel to answer questions about the nature of the vessel\n\t(1)\tA marine safety inspector may require the master of a vessel to—\n\t(a)\tanswer questions put by the inspector about the nature or operations of the vessel; and\n\t(b)\tproduce any books, records or documents about the nature or operations of the vessel requested by the inspector.\n\t(3)\tSubsection (2) does not apply if the person has a reasonable excuse.\n99—Monitoring domestic commercial vessels\n\t(1)\tA marine safety inspector may exercise one or more of the powers (the vessel monitoring powers) mentioned in subsection (2) in relation to a domestic commercial vessel for monitoring purposes, whether or not the inspector is on board the vessel (and whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the vessel).\nNote 1—\nFor example, a marine safety inspector could require a person on board a domestic commercial vessel to show him or her the safety equipment on board the vessel, even if the inspector was in another vessel.\nNote 2—\nIf the inspector has reasonable grounds for suspecting that there may be evidential material on the vessel, section 105 gives the inspector extra powers relating to that material if he or she boards the vessel with the occupier’s consent or under an enforcement warrant. Also, section 100 gives the inspector some powers relating to evidential material found on the vessel by the exercise of the vessel monitoring powers.\n\t(2)\tThe vessel monitoring powers are as follows:\n\t(a)\tthe power to search the vessel and any thing on the vessel;\n\t(b)\tthe power to examine or observe any activity conducted on the vessel;\n\t(c)\tthe power to inspect, examine, take measurements of or conduct tests on any thing on the vessel;\n\t(d)\tthe power to make any still or moving image or any recording of the vessel or any thing on the vessel;\n\t(e)\tthe power to inspect any document on the vessel;\n\t(f)\tthe power to take extracts from, or make copies of, any such document;\n\t(g)\tthe power to take onto the vessel such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the vessel;\n\t(h)\tthe power to require a person on the vessel to show, or demonstrate the operation of, machinery or equipment on the vessel;\n\t(i)\tthe power to require a person on the vessel to give a marine safety inspector one or more of the following:\n\t(i)\tthe person’s name;\n\t(ii)\tthe person’s residential address;\n\t(iii)\tthe person’s date of birth;\n\t(iv)\tevidence of the person’s identity;\n\t(j)\tthe powers set out in subsections (3), (4) and (5).\nFailure to comply with a requirement is an offence— see section 102.\n\t(3)\tThe vessel monitoring powers include the power to require (by any reasonable means) the master of the vessel to do one or more of the following:\n\t(a)\tstop or manoeuvre the vessel;\n\t(b)\tadopt a specified course or speed;\n\t(c)\tmaintain a specified course or speed;\n\t(d)\ttake the vessel to a specified place.\nFailure to comply with a requirement is an offence— see section 102.\n\t(4)\tThe vessel monitoring powers include the power, when on the vessel, to operate electronic equipment on the vessel to see whether—\n\t(i)\tis on the vessel; and\ncontains information (data) that is relevant for monitoring purposes.\n\t(5)\tThe vessel monitoring powers include the following powers exercisable when on or leaving the vessel in relation to data found in the exercise of the power under subsections (1), (2) and (4):\n\t(a)\tthe power to operate electronic equipment on the vessel to put the data in documentary form and remove the documents so produced from the vessel;\n\t(b)\tthe power to operate electronic equipment on the vessel to transfer the data to a disk, tape or other storage device that—\n\t(i)\tis brought onto the vessel for the exercise of the power; or\n\t(ii)\tis on the vessel and the use of which for that purpose has been agreed in writing by the occupier of the vessel,\nand remove the disk, tape or other storage device from the vessel.\n\t(6)\tA marine safety inspector may operate electronic equipment as mentioned in subsection (4) or (5) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.\n100—Sampling, securing or seizing things found using vessel monitoring powers\n\t(1)\tThis section applies if—\n\t(a)\ta thing is found during the exercise of vessel monitoring powers in relation to a domestic commercial vessel; and\n\t(b)\ta marine safety inspector believes on reasonable grounds that—\n\t(i)\tthe thing is evidential material; and\n\t(ii)\tany of the powers under this section needs to be exercised without a warrant, either because of serious and urgent circumstances or because it is not practicable to obtain a warrant, in order to prevent concealment, loss or destruction of the evidential material.\nFor example, it may be necessary to seize evidential material after a marine incident in order to prevent destruction of evidential material relevant to the marine incident.\n\t(2)\tThe marine safety inspector may take a sample of the thing and remove the sample from the domestic commercial vessel.\n\t(3)\tThe marine safety inspector may secure the thing for up to 72 hours.\nThat period may be extended— see section 123.\n\t(4)\tThe marine safety inspector may seize the thing.\n\t(5)\tHowever, if the thing is equipment, or a disk, tape or other storage device, that has been operated under section 99(4), the marine safety inspector may seize the thing only if—\n\t(a)\tit is not practicable to put all the evidential material the thing contains in documentary form as mentioned in section 99(5)(a) or to transfer all that evidential material as mentioned in section 99(5)(b); or\n\t(b)\tpossession of the equipment or the disk, tape or other storage device by the occupier of the vessel could constitute an offence against a law of the Commonwealth, a State or a Territory.\nDivision 7 requires marine safety inspectors to deal with seized things in certain ways.\n\t(6)\tIf the marine safety inspector exercises a power under this section on the basis that he or she believes on reasonable grounds the power needs to be exercised without a warrant because it is not practicable to obtain a warrant, he or she must give the National Regulator a report describing—\n\t(a)\tthe exercise of the power; and\n\t(b)\tthe grounds for his or her belief.\n101—Detaining domestic commercial vessels\n\t(1)\tA marine safety inspector may detain a domestic commercial vessel and bring it, or cause it to be brought, to a port, or to another place that he or she considers appropriate, if the inspector reasonably suspects that the vessel is, will be or has been involved in a contravention, either in or outside Australia, of this Law.\n\t(2)\tIf a marine safety inspector detains a domestic commercial vessel under subsection (1), the inspector must give written notice, within 14 days, to—\n\t(a)\tthe person who holds the certificate of operation for the vessel; or\n\t(b)\tif no such person is able to be located—the person who had possession or control of the vessel immediately before it was detained.\n\t(3)\tIf the marine safety inspector cannot conveniently give the notice in person, the inspector may give the notice by fixing the notice to a prominent part of the vessel.\n\t(4)\tThe notice must—\n\t(a)\tidentify the vessel; and\n\t(b)\tstate that the vessel has been detained; and\n\t(c)\tspecify the reason for this; and\n\t(d)\tspecify contact details of a marine safety inspector who can provide further information; and\n\t(e)\tinclude information about the return of the vessel.\n\t(5)\tThe regulations may make provision for and in relation to the return of detained vessels, including—\n\t(a)\tthe steps that must be taken to return detained vessels; and\n\t(b)\tthe persons to whom detained vessels are to be returned.\nDivision 7 deals with costs of detention and disposal of vessels that cannot be returned.\n\t(6)\tA person commits an offence if—\n\t(a)\tthe person operates a vessel, or causes or permits the operation of a vessel, that has been detained under subsection (1); and\n\t(b)\tthe vessel has not been released from detention; and\n\t(c)\ta marine safety inspector has not consented to the operation of the vessel by the person.\n102—Offence—not complying with requirement made under section 99\n\t(a)\ta requirement is made of the person—\n\t(i)\tunder section 99(2)(h) (to show, or demonstrate the operation of, machinery or equipment on a domestic commercial vessel); or\n\t(ii)\tunder section 99(2)(i) (to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity); or\n\t(iii)\tunder section 99(3) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and\n\t(2)\tSubsection (1) does not apply if the person has a reasonable excuse.\nA defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).\n\t(a)\ta requirement is made of the person under section 99(2)(i) to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity; and\n\t(b)\tthe person gives a name, address, date or evidence of the person’s identity; and\n\t(c)\tthe name, address, date or evidence is false or misleading in a material particular.\n\t(4)\tAn offence against subsection (1) or (3) is an offence of strict liability.\n","sortOrder":15},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Powers relating to any premises, exercisable with consent or warrant","content":"Subdivision 3—Powers relating to any premises, exercisable with consent or warrant\n103—Entering premises with consent or under warrant\n\t(1)\tA marine safety inspector may enter any premises for monitoring purposes.\n\t(2)\tA marine safety inspector may enter any premises if he or she has reasonable grounds for suspecting that there may be evidential material on the premises.\n\t(3)\tDespite subsections (1) and (2), a marine safety inspector is not authorised to enter the premises unless—\n\t(a)\tthe occupier of the premises has consented to the entry, and—\n\t(i)\tif the inspector has been appointed under section 91—the inspector has shown his or her identity card if required by the occupier; or\n\t(ii)\tif the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory—the inspector is in uniform, or has shown his or her police identification if required by the occupier; or\n\t(b)\tthe entry is made under a warrant.\nNote 1—\nThis does not limit a marine safety inspector’s power to enter premises under section 96 or 97— see clause 108.\nNote 2—\nsection 115 contains rules about obtaining consent and leaving premises if consent is withdrawn.\nNote 3—\nSections 116, 117, 118, 119 and 120 contain rules relevant to entry under a warrant.\n104—Monitoring premises\n\t(1)\tA marine safety inspector may exercise one or more of the powers (the general monitoring powers) mentioned in subsection (2) in relation to premises for monitoring purposes (whether or not the inspector has reasonable grounds for suspecting that there may be evidential material on the premises).\nIf the inspector has reasonable grounds for suspecting that there may be evidential material on the premises, section 105 gives the inspector extra powers relating to that material if he or she enters the premises with the occupier’s consent or under an enforcement warrant.\n\t(2)\tThe general monitoring powers are as follows:\n\t(a)\tthe power to search the premises and any thing on the premises;\n\t(b)\tthe power to examine or observe any activity conducted on the premises;\n\t(c)\tthe power to inspect, examine, take measurements of or conduct tests on any thing on the premises;\n\t(d)\tthe power to make any still or moving image or any recording of the premises or any thing on the premises;\n\t(e)\tthe power to inspect any document on the premises;\n\t(f)\tthe power to take extracts from, or make copies of, any such document;\n\t(g)\tthe power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;\n\t(h)\tthe powers set out in subsections (3), (4), (6) and (7).\n\t(3)\tThe general monitoring powers include the power to operate electronic equipment on the premises to see whether—\n\t(i)\tis on the premises; and\ncontains information (data) that is relevant for monitoring purposes.\n\t(4)\tThe general monitoring powers include the following powers exercisable when on or leaving premises in relation to data found in the exercise of the power under subsections (1), (2) and (3):\n\t(a)\tthe power to operate electronic equipment on the premises to put the data in documentary form and remove the documents so produced from the premises;\n\t(b)\tthe power to operate electronic equipment on the premises to transfer the data to a disk, tape or other storage device that—\n\t(i)\tis brought to the premises for the exercise of the power; or\n\t(ii)\tis on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,\nand remove the disk, tape or other storage device from the premises.\n\t(5)\tA marine safety inspector may operate electronic equipment as mentioned in subsection (3) or (4) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.\n\t(6)\tThe general monitoring powers include the power to secure a thing on premises for up to 72 hours if—\n\t(a)\tthe thing is found during the exercise of general monitoring powers on the premises; and\n\t(b)\ta marine safety inspector believes on reasonable grounds that—\n\t(i)\tthe thing affords evidence of the commission of an offence against this Law; and\n\t(ii)\tit is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and\n\t(iii)\tit is necessary to secure the thing without a warrant because the circumstances are serious and urgent.\nThe period for which the thing is secured may be extended— see section 123.\n105—Enforcement powers\n\t(1)\tIf a marine safety inspector has reasonable grounds for suspecting that there may be evidential material on any premises, the inspector may exercise the following powers (the enforcement powers) in relation to the premises—\n\t(a)\tif entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises;\n\t(b)\tif entry to the premises is under an enforcement warrant—\n\t(i)\tthe power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and\n\t(ii)\tthe power to seize evidential material of that kind if the inspector finds it on the premises;\n\t(c)\tthe power to inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b);\n\t(d)\tthe power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);\n\t(e)\tthe power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;\n\t(f)\tthe power to require a person on the premises to demonstrate the operation of machinery or equipment on the premises;\n\t(g)\tthe powers set out in subsections (2), (3) and (6).\nDivision 7 requires marine safety inspectors to deal with seized things in certain ways.\n\t(2)\tThe enforcement powers include the power to operate electronic equipment on the premises to see whether—\n\t(i)\tis on the premises; and\ncontains evidential material referred to in subsection (1)(a) or (b).\n\t(3)\tThe enforcement powers include the following powers exercisable when on or leaving premises in relation to evidential material described in subsection (2) found in the exercise of the power under that subsection—\n\t(a)\tif entry to the premises is under an enforcement warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;\n\t(b)\tthe power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;\n\t(c)\tthe power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that—\n\t(i)\tis brought to the premises for the exercise of the power; or\n\t(ii)\tis on the premises and the use of which for that purpose has been agreed, in writing, by the occupier of the premises,\nand remove the disk, tape or other storage device from the premises.\n\t(4)\tA marine safety inspector may operate electronic equipment as mentioned in subsection (2) or (3) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.\n\t(5)\tA marine safety inspector may seize equipment or a disk, tape or other storage device as mentioned in subsection (3)(a) only if—\n\t(a)\tit is not practicable to put the evidential material in documentary form as mentioned in subsection (3)(b) or to transfer the evidential material as mentioned in subsection (3)(c); or\n\t(b)\tpossession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth, a State or a Territory.\n\t(6)\tIf—\n\t(a)\tentry to the premises is under an enforcement warrant; and\n\t(b)\tthe marine safety inspector, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the inspector believes on reasonable grounds to be other evidential material; and\n\t(c)\tthe inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction,\nthen the enforcement powers include seizing the thing.\n106—Requiring persons on premises entered under warrant to answer questions and produce documents\n\t(1)\tA marine safety inspector who is on or in premises that he or she has entered under a warrant may require anyone on or in the premises to—\n\t(a)\tanswer any questions put by the inspector; and\n\t(b)\tproduce any books, records or documents requested by the inspector.\n\t(3)\tSubsection (2) does not apply if the person has a reasonable excuse.\nA defendant bears an evidential burden in relation to the matter in subsection (3) (see section 13.3(3) of the Criminal Code).\n107—Using force in executing a warrant\nIn executing a warrant, a marine safety inspector may use such force against persons and things as is necessary and reasonable in the circumstances.\n108—Relationship with Subdivision B\n\t(1)\tThis Subdivision does not limit Subdivision B.\n\t(2)\tSubdivision B does not prevent this Subdivision from applying to premises that are domestic commercial vessels.\nDivision 3—Other powers\n109—Giving directions\n\t(1)\tIf a marine safety inspector believes on reasonable grounds that—\n\t(a)\ta person is contravening a provision of this Law in respect of a thing; or\n\t(b)\tat least one of the following applies—\n\t(i)\tit is necessary to exercise powers under this section in order to protect the safety of people or to protect the environment;\n\t(ii)\tit is desirable in the public interest for the inspector to exercise powers under this section,\nthe inspector may give the person a direction requiring the person, within the time specified in the direction, to take such steps in relation to the thing as are reasonable in the circumstances.\nFor example, a marine safety inspector could give a direction that a person not operate an unsafe vessel.\n\t(2)\tThe direction must be given in writing, unless the marine safety inspector believes there is an urgent need to protect the safety of people or to protect the environment.\n\t(3)\tA person commits an offence if he or she does not take the steps specified in a direction under subsection (1) within the time specified in the direction.\n\t(4)\tAn offence against subsection (3) is an offence of strict liability.\n\t(5)\tIf the person does not take the steps specified in the direction within the time specified in the direction, the inspector may arrange for those steps to be taken.\n\t(6)\tIf the National Regulator incurs costs because of arrangements made by the inspector under subsection (5), the person is liable to pay to the National Regulator an amount equal to the costs, and the amount may be recovered by the National Regulator as a debt due to the National Regulator in a court of competent jurisdiction.\n\t(7)\tA time specified in a direction under subsection (1) must be reasonable having regard to the circumstances.\n110—Issuing improvement notices\n\t(1)\tIf a marine safety inspector believes on reasonable grounds that a person—\n\t(a)\tis contravening a provision of this Law; or\n\t(b)\thas contravened a provision of this Law and is likely to contravene that provision again,\nthe inspector may issue an improvement notice, in writing, to the person.\n\t(2)\tThe notice must—\n\t(a)\tspecify the contravention of this Law that the marine safety inspector believes is occurring or is likely to occur; and\n\t(b)\tset out the reasons for that belief; and\n\t(c)\tspecify a period within which the person is to take the action necessary to prevent any further contravention, or to prevent the likely contravention, as the case may be.\n\t(3)\tThe period specified in the notice must be reasonable.\n\t(4)\tThe notice may specify action that the person is to take, or is not to take, during the period specified in the notice.\n\t(5)\tBefore the end of the specified period, the marine safety inspector may extend that period in writing.\n\t(6)\tThe person must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.\n\t(7)\tA person subject to a requirement under subsection (6) commits an offence if an act or omission of the person breaches the requirement.\n\t(8)\tAn offence against subsection (7) is an offence of strict liability.\n111—Issuing prohibition notices\n\t(1)\tThis section applies if a marine safety inspector believes on reasonable grounds that—\n\t(a)\tan activity is occurring in relation to a domestic commercial vessel that involves or will involve a risk to the safety of a person or a serious risk to the environment; or\n\t(b)\tan activity may occur in relation to a domestic commercial vessel that, if it occurs, will involve a risk to the safety of a person or a serious risk to the environment.\n\t(2)\tThe marine safety inspector may issue a prohibition notice to the responsible person in relation to the domestic commercial vessel. For this purpose, the responsible person is—\n\t(a)\tthe master of the vessel; or\n\t(b)\tif the inspector cannot locate the master—\n\t(i)\tthe person who holds the certificate of operation for the vessel; or\n\t(ii)\tif the inspector cannot locate that person—the person who has possession or control of the vessel.\n\t(3)\tThe notice must—\n\t(a)\tspecify the activity the marine safety inspector believes involves or will involve the risk to safety or the environment, and set out the reasons for that belief; and\n\t(b)\teither—\n\t(i)\tdirect the responsible person to ensure that the activity is not engaged in; or\n\t(ii)\tdirect the responsible person to ensure that the activity is not engaged in a specified manner.\nFor example, a notice could specify that a person not operate an unsafe vessel.\n\t(4)\tA specified manner may relate to any one or more of the following:\n\t(a)\tany vessel, or part of a vessel, in relation to which the activity is not to be engaged in;\n\t(b)\tany thing that is not to be used in connection with the activity;\n\t(c)\tany procedure that is not to be followed in connection with the activity.\n\t(5)\tThe notice ceases to have effect when a marine safety inspector notifies the responsible person that the inspector is satisfied that the responsible person has taken adequate action to remove the risk to safety or the environment.\n\t(6)\tThe notice may specify action that may be taken to satisfy a marine safety inspector that adequate action has been taken to remove the risk to safety or the environment.\n\t(7)\tIf a marine safety inspector is satisfied that action taken by the responsible person to remove the risk to safety or the environment is not adequate, the inspector must inform the person accordingly.\n\t(8)\tIn making a decision under subsection (7), a marine safety inspector may exercise any of the vessel monitoring powers and general monitoring powers that the inspector considers necessary for the purposes of making the decision.\n\t(9)\tA person issued with a notice under subsection (2) commits an offence if an act or omission of the person breaches the notice.\n\t(10)\tAn offence against subsection (9) is an offence of strict liability.\n112—Copies of notices to be displayed and distributed\n\t(1)\tIf a person (the recipient) is given an improvement notice under section 110(1) or a prohibition notice under section 111(2) in relation to a vessel—\n\t(a)\tthe recipient must cause a copy of the notice to be displayed—\n\t(i)\tin a place directed by the marine safety inspector who issued the notice; or\n\t(ii)\tif the marine safety inspector does not give a direction—in a prominent place on or near the vessel; and\n\t(b)\tthe marine safety inspector who issued the notice must give a copy of the notice to—\n\t(i)\tthe master of the vessel; and\n\t(ii)\tthe person who holds the certificate of operation for the vessel or, if no such person is able to be located, the person who had possession or control of the vessel immediately before the notice was issued.\n\t(2)\tA person required by subsection (1)(a) to display a notice commits an offence if an act or omission of the person contravenes the requirement.\n\t(3)\tAn offence against subsection (2) is an offence of strict liability.\n113—Notices not to be tampered with or removed\n\t(1)\tA person must not—\n\t(a)\ttamper with a notice while it is displayed under section 112; or\n\t(b)\tremove a notice that has been displayed before the notice has ceased to have effect.\n\t(2)\tSubsection (1) does not apply if the person has a reasonable excuse.\nA defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).\nDivision 4—Persons assisting marine safety inspectors\n114—Persons assisting marine safety inspectors\n\t(1)\tA marine safety inspector may be assisted by other persons in exercising powers or performing functions or duties under this Part, if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the inspector.\n\t(2)\tA person assisting the marine safety inspector—\n\t(a)\tmay enter the premises; and\n\t(b)\tmay exercise powers and perform functions and duties under this Part; and\n\t(c)\tmust do so in accordance with a direction given by the inspector to the person assisting.\n\t(3)\tIn executing a warrant, a person assisting the marine safety inspector may use such force against things as is necessary and reasonable in the circumstances.\n\t(4)\tA power exercised by a person assisting the marine safety inspector as mentioned in subsection (2) is taken for all purposes to have been exercised by the inspector.\n\t(5)\tA function or duty performed by a person assisting the marine safety inspector as mentioned in subsection (2) is taken for all purposes to have been performed by the inspector.\nDivision 5—Obligations and incidental powers of marine safety inspectors\n115—Consent\n\t(1)\tA marine safety inspector must, before obtaining the consent of an occupier of premises for the purposes of section 103(3)(a), inform the occupier that the occupier may refuse consent.\n\t(2)\tA consent has no effect unless the consent is voluntary.\n\t(3)\tA consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.\n\t(4)\tA consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n\t(5)\tIf a marine safety inspector entered premises under section 103 because of the consent of the occupier of the premises, the inspector, and any person assisting the inspector, must leave the premises if the consent ceases to have effect.\n116—Announcement before entry under warrant\n\t(1)\tA marine safety inspector must, before entering premises under a warrant—\n\t(a)\tannounce that he or she is authorised to enter the premises; and\n\t(b)\tif the inspector was appointed under section 91—show his or her identity card to the occupier of the premises if the occupier is present at the premises; and\n\t(c)\tif the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform—show his or her police identification to the occupier of the premises if the occupier is present at the premises; and\n\t(d)\tgive any person at the premises an opportunity to allow entry to the premises.\n\t(2)\tHowever, a marine safety inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required—\n\t(a)\tto ensure the safety of a person; or\n\t(b)\tto ensure that the effective execution of the warrant is not frustrated.\n\t(3)\tIf—\n\t(a)\ta marine safety inspector does not comply with subsection (1)because of subsection (2); and\nthe inspector must, as soon as practicable after entering the premises, show his or her identity card or police identification to the occupier.\n117—Marine safety inspector to be in possession of warrant\nIf a warrant is being executed in relation to premises, a marine safety inspector executing the warrant must be in possession of the warrant or a copy of the warrant.\n118—Details of warrant etc to be given to occupier\nif—\n\t(a)\ta warrant is being executed in relation to premises; and\na marine safety inspector executing the warrant must, as soon as practicable—\n\t(c)\tmake a copy of the warrant available to the occupier (which need not include the signature of the magistrate who issued it); and\n\t(d)\tinform the occupier of the rights and responsibilities of the occupier under Division 6.\n119—Completing execution of warrant after temporary cessation\n\t(1)\tThis section applies if a marine safety inspector, and all persons assisting, who are executing a warrant in relation to premises temporarily cease its execution and leave the premises.\n\t(2)\tThe marine safety inspector, and persons assisting, may complete the execution of the warrant if—\n\t(a)\tthe warrant is still in force; and\n\t(b)\tthe inspector and persons assisting are absent from the premises—\n\t(i)\tfor not more than 1 hour; or\n\t(ii)\tif there is an emergency—for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or\n\t(iii)\tfor a longer period if the occupier of the premises consents in writing.\n\t(3)\tA marine safety inspector, or person assisting, may apply to a magistrate for an extension of the 12 hour period mentioned in subsection (2)(b)(ii) if—\n\t(a)\tthere is an emergency; and\n\t(b)\tthe inspector or person assisting believes on reasonable grounds that the inspector and the persons assisting will not be able to return to the premises within that period.\n\t(4)\tIf it is practicable to do so, before making the application, the marine safety inspector or person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension.\n\t(5)\tA magistrate may extend the period during which the marine safety inspector and persons assisting may be away from the premises if—\n\t(a)\tan application is made under subsection (3); and\n\t(b)\tthe magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and\n\t(c)\tthe extension would not result in the period ending after the warrant ceases to be in force.\n120—Completing execution of warrant stopped by court order\nA marine safety inspector, and any persons assisting, may complete the execution of a warrant that has been stopped by an order of a court if—\n\t(a)\tthe order is later revoked or reversed on appeal; and\n\t(b)\tthe warrant is still in force when the order is revoked or reversed.\n121—Expert assistance to operate electronic equipment\n\t(1)\tThis section applies to premises to which a warrant relates.\n\t(2)\tIf a marine safety inspector believes on reasonable grounds that—\n\t(a)\tthere is on the premises information (data) relevant to the monitoring purposes or determining whether there is evidential material on the premises; and\n\t(b)\tthe data may be accessible by operating electronic equipment on the premises; and\n\t(c)\texpert assistance is required to operate the equipment; and\n\t(d)\tif he or she does not take action under this subsection, the data may be destroyed, altered or otherwise interfered with,\nhe or she may do whatever is necessary to secure the equipment for up to 72 hours, whether by locking it up, placing a guard or other means.\n\t(3)\tThe marine safety inspector must give notice to the occupier of the premises of his or her intention to secure the equipment and of the fact that the equipment may be secured for up to 72 hours.\nThat period may be extended— see section 123.\n122—Compensation for damage to electronic equipment\n\t(1)\tThis section applies if—\n\t(a)\tas a result of electronic equipment being operated as mentioned in this Part—\n\t(i)\tdamage is caused to the equipment; or\n\t(ii)\tthe data recorded on the equipment is damaged; or\n\t(iii)\tprograms associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n\t(b)\tthe damage or corruption occurs because—\n\t(i)\tinsufficient care was exercised in selecting the person who was to operate the equipment; or\n\t(ii)\tinsufficient care was exercised by the person operating the equipment.\n\t(2)\tThe National Regulator must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the National Regulator and the owner or user agree on.\n\t(3)\tHowever, if the owner or user and the National Regulator fail to agree, the owner or user may institute proceedings in a court of competent jurisdiction for such reasonable amount of compensation as the court determines.\n\t(4)\tIn determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\t(5)\tFor the purposes of subsection (1)—\ndamage , in relation to data, includes damage by erasure of data or addition of other data.\n123—Extending period for which something is secured\n\t(1)\tIf a marine safety inspector believes on reasonable grounds that a thing needs to be secured under section 100(3), 104(6) or 121(2) for more than 72 hours, he or she may apply to a magistrate for an extension of that period.\n\t(2)\tThe marine safety inspector must give notice to the occupier of the premises on which the thing is secured of the inspector’s intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n\t(3)\tThe provisions of this Part relating to the issue of warrants apply, with such modifications as are necessary, to the issue of an extension.\n\t(4)\tThe 72‑hour period may be extended more than once.\n124—Offence—interfering with securing of thing\n\t(a)\ta marine safety inspector is securing, or has secured, a thing under section 100(3), 104(6) or 121(2); and\n\t(b)\tthe person interferes with the securing of the thing, or the secured thing; and\n\t(c)\tthe period for which the thing is secured has not ended.\nDivision 6—Occupier’s rights and responsibilities\n125—Occupier entitled to observe execution of warrant\n\t(1)\tIf—\n\t(a)\ta warrant is being executed in relation to premises; and\nthe occupier is entitled to observe the execution of the warrant.\n\t(2)\tThe right to observe the execution of the warrant ceases if the occupier impedes that execution.\n\t(3)\tThis section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n126—Occupier to provide marine safety inspector with facilities and assistance\n\t(1)\tThe occupier of premises to which a warrant relates must provide—\n\t(a)\ta marine safety inspector executing the warrant; and\n\t(b)\tany person assisting the inspector,\nwith all reasonable facilities and assistance for the effective exercise of their powers.\n\t(2)\tA person subject to subsection (1) commits an offence if the person fails to comply with that subsection.\n\t(3)\tAn offence against subsection (2) is an offence of strict liability.\nDivision 7—General provisions relating to seizure and detention\n127—Copies of seized things to be provided\n\t(1)\tThis section applies if a marine safety inspector seizes one or more of the following from the premises under this Part:\n\t(a)\ta document, film, computer file or other thing that can be readily copied;\n\t(b)\ta storage device, the information in which can be readily copied.\n\t(2)\tThe occupier of the premises may request the marine safety inspector to give a copy of the thing or the information to the occupier.\n\t(3)\tThe marine safety inspector must comply with the request as soon as practicable after the seizure.\n\t(4)\tHowever, the marine safety inspector is not required to comply with the request if possession of the document, film, computer file, thing or information by the occupier could constitute an offence against a law of the Commonwealth, a State or a Territory.\n128—Receipts for seized things\n\t(1)\tIf a thing is seized under this Part, a marine safety inspector must provide a receipt for the thing.\n\t(2)\tIf 2 or more things are seized, they may be covered in the one receipt.\n129—Return of seized things\n\t(1)\tThe marine safety inspector must take reasonable steps to return a thing seized under this Part when the earliest of the following happens:\n\t(a)\tthe reason for the thing’s seizure no longer exists;\n\t(b)\tit is decided that the thing is not to be used in evidence;\n\t(c)\tthe period of 60 days after the thing’s seizure ends.\nSee subsections (2) and (3) for exceptions to this rule.\n\t(2)\tExceptions\nSubsection (1)—\n\t(a)\tis subject to any contrary order of a court; and\n\t(b)\tdoes not apply if the thing—\n\t(i)\tis forfeited or forfeitable to the Commonwealth; or\n\t(ii)\tis the subject of a dispute as to ownership.\n\t(3)\tThe marine safety inspector is not required to take reasonable steps to return a thing because of subsection (1)(c) if—\n\t(a)\tproceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n\t(b)\tthe thing may continue to be retained because of an order under section 130; or\n\t(c)\tthe Commonwealth, the National Regulator or a marine safety inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth, a State or a Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n\t(4)\tReturn of thing\nA thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n130—Magistrate may permit a thing to be retained\n\t(1)\tA marine safety inspector may apply to a magistrate for an order permitting the retention of the thing for a further period if—\n\t(a)\tbefore the end of 60 days after the seizure; or\n\t(b)\tbefore the end of a period previously specified in an order of a magistrate under this section,\nproceedings in respect of which the thing may afford evidence have not been instituted.\n\t(2)\tIf the magistrate is satisfied that it is necessary for the thing to continue to be retained—\n\t(a)\tfor the purposes of an investigation in respect of an offence against this Law; or\n\t(b)\tto enable evidence of an offence against this Law to be secured for the purposes of a prosecution,\nthe magistrate may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\t(3)\tBefore making the application, the marine safety inspector must—\n\t(a)\ttake reasonable steps to discover who has an interest in the retention of the thing; and\n\t(b)\tif it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.\n131—Costs of detention\n\t(1)\tThe National Regulator is liable to pay to the owner of a domestic commercial vessel a reasonable amount of compensation—\n\t(a)\tfor the costs of, and incidental to, the detention of the vessel; and\n\t(b)\tfor any loss or damage incurred by the owner as a result of the detention of the vessel,\nif there was no reasonable or probable cause for the detention of the vessel.\n\t(2)\tIf—\n\t(a)\ta domestic commercial vessel is detained under this Division; and\n\t(b)\tthe National Regulator incurs costs in connection with the detention of the vessel; and\n\t(c)\tthe detention was reasonable in the circumstances,\nthe owner of the vessel is liable to pay to the National Regulator compensation of a reasonable amount in respect of the detention of the vessel.\n\t(3)\tIf the National Regulator and the owner of the vessel do not agree on the amount of compensation payable under subsection (1) or (2), the National Regulator or the owner may institute proceedings in a court of competent jurisdiction for the recovery of such reasonable amount of compensation as the court determines.\n132—Disposal of seized things and detained vessels\n\t(1)\tThe National Regulator may dispose of a thing seized, or a vessel detained, under this Part if—\n\t(a)\tthe National Regulator has—\n\t(i)\tin the case of a seized thing—taken reasonable steps to return the thing to a person; or\n\t(ii)\tin the case of a detained vessel—taken the steps required by the regulations to return the vessel to a person; and\n\t(b)\tone of the following applies:\n\t(i)\tthe National Regulator has been unable to locate the person, despite making reasonable efforts;\n\t(ii)\tthe person has refused to take possession of the thing or vessel;\n\t(iii)\tthe National Regulator has contacted the person about the return of the thing or vessel, and the person has not refused to take possession of the thing or vessel, but has not taken possession of the thing or vessel within 3 months of the contact.\n\t(2)\tThe National Regulator may dispose of the thing or vessel in such manner as the National Regulator thinks appropriate.\n133—Compensation for acquisition of property\n\t(1)\tIf the operation of section 132 would result in an acquisition of property from a person otherwise than on just terms, the National Regulator is liable to pay a reasonable amount of compensation to the person.\n\t(2)\tIf the National Regulator and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the National Regulator of such reasonable amount of compensation as the court determines.\n","sortOrder":16},{"sectionNumber":"Div 8","sectionType":"division","heading":"Warrants","content":"Division 8—Warrants\n134—Monitoring warrants\n\t(1)\tA marine safety inspector may apply to a magistrate for a warrant under this section in relation to premises.\n\t(2)\tThe magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more marine safety inspectors should have access to the premises for monitoring purposes.\n\t(3)\tHowever, the magistrate must not issue the warrant unless the marine safety inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\t(4)\tThe warrant must—\n\t(a)\tdescribe the premises to which the warrant relates; and\n\t(b)\tstate that the warrant is issued under this section; and\n\t(c)\tstate the purpose for which the warrant is issued; and\n\t(d)\tauthorise one or more marine safety inspectors (whether or not named in the warrant) from time to time while the warrant remains in force—\n\t(i)\tto enter the premises; and\n\t(ii)\tto exercise the powers set out in sections 103, 104, 106 and 107, and Division 5, in relation to the premises; and\n\t(e)\tstate whether entry is authorised to be made at any time of the day or during specified hours of the day; and\n\t(f)\tspecify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to be in force.\n135—Enforcement warrants\n\t(1)\tA marine safety inspector may apply to a magistrate for a warrant under this section in relation to premises.\n\t(2)\tThe magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.\n\t(3)\tHowever, the magistrate must not issue the warrant unless the marine safety inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\t(4)\tThe warrant must—\n\t(a)\tdescribe the premises to which the warrant relates; and\n\t(b)\tstate that the warrant is issued under this section; and\n\t(c)\tspecify the offence or offences to which the warrant relates; and\n\t(d)\tspecify the kind of evidential material that is to be searched for under the warrant; and\n\t(e)\tname one or more marine safety inspectors; and\n\t(f)\tauthorise the inspector or inspectors so named—\n\t(i)\tto enter the premises; and\n\t(ii)\tto exercise the powers set out in sections 103, 105, 106 and 107, Division 5 and section 130 in relation to the premises; and\n\t(g)\tstate whether the entry is authorised to be made at any time of the day or during specified hours of the day; and\n\t(h)\tspecify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.\n136—Enforcement warrants by telephone, fax etc\n\t(1)\tA marine safety inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 135 in relation to premises—\n\t(a)\tin an urgent case; or\n\t(b)\tif the inspector believes, on reasonable grounds, that the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.\n\t(2)\tThe magistrate may require communication by voice to the extent that it is practicable in the circumstances.\n\t(3)\tAn application under this section must include all information (of the kind mentioned in section 135(2)) in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the inspector may apply for the warrant before the information is sworn or affirmed.\n\t(4)\tIf the magistrate is satisfied—\n\t(a)\tafter considering the information; and\n\t(b)\tafter receiving such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought,\nthat there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 135 if the application had been made under that section.\n\t(5)\tIf the magistrate completes and signs the warrant, the magistrate must inform the inspector, by telephone, fax or other electronic means, of—\n\t(a)\tthe terms of the warrant; and\n\t(b)\tthe day on which, and the time at which, the warrant was signed.\n\t(6)\tThe marine safety inspector must then complete a form of warrant in the same terms as the warrant completed and signed by the magistrate, stating on the form—\n\t(a)\tthe name of the magistrate; and\n\t(b)\tthe day on which, and the time at which, the warrant was signed.\n\t(7)\tThe marine safety inspector must also, not later than the day after the earlier of the following days:\n\t(a)\tthe day on which the warrant ceased to be in force;\n\t(b)\tthe day of execution of the warrant,\nsend to the magistrate—\n\t(c)\tthe form of warrant completed by the inspector; and\n\t(d)\tthe information referred to in subsection (3), which must have been duly sworn or affirmed.\n\t(8)\tThe magistrate must attach to the documents provided under subsection (7) the warrant signed by the magistrate.\n\t(9)\tA form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.\n\t(10)\tIf—\n\t(a)\tit is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and\n\t(b)\tthe warrant signed by the magistrate authorising the exercise of the power is not produced in evidence,\nthe court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.\n137—Offence relating to warrants by telephone, fax etc\nA marine safety inspector commits an offence if—\n\t(a)\tthe inspector states in a document that purports to be a form of warrant under section 136 the name of a magistrate, unless that magistrate signed the warrant; or\n\t(b)\tthe inspector states on a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the terms of the warrant signed by the magistrate under that section; or\n\t(c)\tthe inspector purports to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows—\n\t(i)\thas not been approved by a magistrate under that section; or\n\t(ii)\tdeparts in a material particular from the terms of a warrant signed by a magistrate under that section; or\n\t(d)\tthe inspector gives to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.\nPenalty: Imprisonment for 2 years.\nPart 7—Infringement notices\n138—Infringement notices\n\t(1)\tThe regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against this Law to pay a penalty to the Commonwealth as an alternative to prosecution.\n\t(2)\tThe penalty must equal one fifth of the maximum fine that a court could impose on the person as a penalty for that offence.\n","sortOrder":17},{"sectionNumber":"Part 8","sectionType":"part","heading":"General matters","content":"Part 8—General matters\nDivision 1—Review of decisions\n139—Reviewable decisions\nThe following decisions by the National Regulator are reviewable decisions:\n\t(a)\tto refuse to issue a certificate under the following:\n\t(i)\tsection 38(1);\n\t(ii)\tsection 48(1);\n\t(iii)\tsection 60(1);\n\t(b)\tto refuse to issue a unique identifier under section 31(1);\n\t(c)\tto impose a condition on a certificate under the following:\n\t(i)\tsection 38(3)(b);\n\t(ii)\tsection 48(4)(b);\n\t(iii)\tsection 60(3)(b);\n\t(d)\tto refuse to vary a certificate under the following:\n\t(i)\tsection 40(1);\n\t(ii)\tsection 50(1);\n\t(iii)\tsection 62(1);\n\t(e)\tto vary a certificate under the following:\n\t(i)\tsection 40(2);\n\t(ii)\tsection 50(2);\n\t(iii)\tsection 62(2);\n\t(f)\tto refuse to suspend a certificate under the following:\n\t(i)\tsection 41(1);\n\t(ii)\tsection 51(1);\n\t(iii)\tsection 63(1);\n\t(g)\tto suspend a certificate under the following:\n\t(i)\tsection 41(2);\n\t(ii)\tsection 51(2);\n\t(iii)\tsection 63(2);\n\t(h)\tto refuse to revoke a certificate under the following:\n\t(i)\tsection 42(1);\n\t(ii)\tsection 52(1);\n\t(iii)\tsection 64(1);\n\t(i)\tto revoke a certificate under the following:\n\t(i)\tsection 42(2);\n\t(ii)\tsection 52(2);\n\t(iii)\tsection 64(2);\n\t(j)\tto refuse to recognise a certificate under section 73(1);\n\t(k)\tto specify a condition under section 73(3);\n\t(l)\tto give a direction under section 109(1);\n\t(m)\tto issue a provisional improvement notice under section 110(1);\n\t(n)\tto issue prohibition notice under section 111(1);\n\t(o)\tto detain a vessel under section 101(1);\n\t(p)\tto refuse to grant an exemption under section 143, other than an exemption granted on the initiative of the National Regulator;\n\t(q)\tto impose a condition on an exemption under section 143, other than an exemption granted on the initiative of the National Regulator.\n140—Internal review of reviewable decisions\n\t(1)\tThe National Regulator must, as soon as practicable after a reviewable decision is made in relation to a person, give a written notice to the person containing—\n\t(a)\tthe terms of the decision; and\n\t(b)\tthe reasons for the decision; and\n\t(c)\ta statement setting out particulars of the person’s right to have the decision reviewed under this section.\n\t(2)\tA person to whom a reviewable decision referred to in subsection (1) relates may apply to the National Regulator for review of the decision.\n\t(3)\tAn application for review must—\n\t(a)\tbe in the form approved by the National Regulator; and\n\t(b)\tcontain the information required by the regulations; and\n\t(c)\tbe made within 30 days after the day on which the written notice of the decision was given to the applicant, or within such period (if any) as the National Regulator, either before or after the end of the 30 day period, allows.\n\t(4)\tThe National Regulator must, on receiving an application under subsection (3) for review of a reviewable decision, cause the decision to be reviewed by a person to whom the National Regulator power under this section is delegated, being a person who—\n\t(a)\twas not involved in making the decision; and\n\t(b)\toccupies a position that is senior to that occupied by any person involved in making the decision.\n\t(5)\tA person who reviews a reviewable decision under this section may—\n\t(a)\tmake a decision affirming, varying or revoking the reviewable decision; and\n\t(b)\tif the person revokes the decision—make such other decision as the person thinks appropriate.\n\t(6)\tA failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n141—Applications for AAT review\nApplications may be made to the Administrative Appeals Tribunal for review of a decision under section 140(5).\nThe Administrative Appeals Tribunal Act 1975 of the Commonwealth provides for the manner of applying for review, etc\n142—Review of decisions made under the regulations\nThe regulations may provide for—\n\t(a)\tinternal review of decisions made under the regulations; and\n\t(b)\tthe making of applications to the Administrative Appeals Tribunal for review of decisions under the regulations.\nDivision 2—Exemptions\n143—Power of exemption\n\t(1)\tThe National Regulator may exempt from the application of this Law, or specified provisions of this Law—\n\t(a)\ta specified vessel or class of vessels; or\n\t(b)\ta specified person or class of persons.\n\t(2)\tThe exemption may be confined to one or both of the following:\n\t(a)\tone or more specified periods;\n\t(b)\tone or more specified operations.\n\t(3)\tFor the purposes of an exemption for one or more specified periods, of a vessel that is specified or is in a specified class, the periods may be specified as periods for which a specified use is being made of the vessel.\n\t(4)\tAn exemption may be granted—\n\t(a)\ton application in accordance with the regulations by a person; or\n\t(b)\ton the initiative of the National Regulator.\n\t(5)\tAn exemption is subject to such conditions (if any) as are specified in the instrument of exemption.\n\t(6)\tThe National Regulator must not grant an exemption, or impose conditions under subsection (5), unless the National Regulator is satisfied that the exemption concerned, taken together with the conditions to which it is subject, will not jeopardise the safety of a vessel or a person on board a vessel.\n\t(7)\tAn exemption granted under subsection (1) is not a legislative instrument.\n144—Offence of breaching a condition of exemption (owner)\n\t(a)\tan exemption under section 143 in relation to the vessel is subject to a condition; and\n\t(b)\tthe owner breaches, or causes or permits another person to breach, the condition.\n145—Offence of breaching a condition of exemption (master)\n\t(a)\tan exemption under section 143 in relation to the vessel is subject to a condition; and\n\t(b)\tthe master breaches, or causes or permits another person to breach, the condition.\n146—Offence of breaching a condition of exemption (all persons)\n\t(a)\tan exemption under section 143 in relation to the person is subject to a condition; and\n\t(b)\tthe person breaches the condition.\nDivision 3—Application of National Law to certain bodies\n147—Treatment of partnerships\n\t(1)\tThis Law applies to a partnership as if it were a person, but with the changes set out in this section.\n\t(2)\tAn obligation that would otherwise be imposed on the partnership by this Law is imposed on each partner instead, but may be discharged by any of the partners.\n\t(3)\tAn offence against this Law that would otherwise be committed by the partnership is taken to have been committed by each partner.\n\t(4)\tA partner does not commit an offence because of subsection (3) if the partner—\n\t(b)\tknows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\nA defendant bears an evidential burden in relation to the matters in subsection (4) (see section 13.3(3) of the Criminal Code).\n\t(5)\tFor the purposes of this Law, a change in the composition of a partnership does not affect the continuity of the partnership.\n148—Treatment of unincorporated associations\n\t(1)\tThis Law applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n\t(2)\tAn obligation that would otherwise be imposed on the association by this Law is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n\t(3)\tAn offence against this Law that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management.\n\t(4)\tA member of the association’s committee of management does not commit an offence because of subsection (3) if the member—\n\t(b)\tknows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\nA defendant bears an evidential burden in relation to the matters in subsection (4) (see section 13.3(3) of the Criminal Code).\n149—Treatment of trusts with multiple trustees\n\t(1)\tIf a trust has 2 or more trustees, this Law applies to the trust as if it were a person, but with the changes set out in this section.\nA trust may be an owner of a vessel (see the definitions of entity and owner in section 6).\n\t(2)\tAn obligation that would otherwise be imposed on the trust by this Law is imposed on each trustee instead, but may be discharged by any of the trustees.\n\t(3)\tAn offence against this Law that would otherwise be committed by the trust is taken to have been committed by each trustee.\n\t(4)\tA trustee does not commit an offence because of subsection (3) if the trustee—\n\t(b)\tknows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the trustee becomes aware of those circumstances.\nA defendant bears an evidential burden in relation to the matters in subsection (4) (see section 13.3(3) of the Criminal Code).\nDivision 4—Fees\n150—Charging of fees by the National Regulator\n\t(1)\tThe National Regulator may charge such fees as are prescribed by the regulations for things done by the National Regulator under this Law.\n\t(2)\tThe fee is payable to the National Regulator.\n\t(3)\tThe fee must not be such as to amount to taxation.\n\t(4)\tIf the fee is unpaid, it is a debt due to the National Regulator and is recoverable in a court of competent jurisdiction.\n151—Charging of fees by accredited persons\n\t(1)\tAn accredited person who—\n\t(a)\tis not an officer or employee of the Commonwealth, a State or the Northern Territory, or of an agency of the Commonwealth, a State or the Northern Territory; or\n\t(b)\tis such an officer or employee, but does a thing under this Law other than in that capacity,\nmay charge another person the fee agreed between the accredited person and the other person for a thing done by the accredited person under this Law.\n\t(2)\tThe fee is payable to the accredited person.\n\t(3)\tThe fee must not be such as to amount to taxation.\n\t(4)\tIf the fee is unpaid, it is a debt due to the accredited person and is recoverable in a court of competent jurisdiction.\nDivision 5—Disclosure of information\n152—Disclosure of information by certain persons to the National Regulator\nAny of the following may disclose to the National Regulator information (including personal information) that may be relevant to the administration of this Law:\n\t(a)\ta delegate or sub‑delegate of the National Regulator;\n\t(b)\ta maritime safety inspector;\n\t(c)\tan accredited person;\n\t(d)\tan approved training organisation.\nSection 11 of the Australian Maritime Safety Authority Act 1990 of the Commonwealth authorises the National Regulator to disclose information (including personal information).\nDivision 6—Immunity from suit\n153—Immunity from suit\n\t(1)\tCriminal or civil proceedings do not lie against—\n\t(a)\tthe National Regulator; or\n\t(b)\ta member of the staff of the National Regulator; or\n\t(c)\ta delegate or sub‑delegate of the National Regulator; or\n\t(d)\tan agency of which such a delegate or sub‑delegate is an employee; or\n\t(e)\tan employee or contractor of such an agency; or\n\t(f)\ta marine safety inspector,\nbecause of an act done or omitted to be done in the exercise of any power conferred on the National Regulator or a marine safety inspector by or under this Law.\n\t(2)\tCriminal or civil proceedings do not lie against a person because of an act done, or omitted to be done, in compliance with a direction given under this Act.\n\t(3)\tSubsection (2) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.\n\t(4)\tTo avoid doubt, subsection (2) does not apply to proceedings under section 133.\nDivision 7—Matters relating to evidence and proceedings, etc\n154—National Regulator may require certain information\n\t(1)\tThis section applies if an offence against this Law (the relevant offence) in relation to a domestic commercial vessel is alleged to have been committed by—\n\t(a)\tthe master of the vessel; or\n\t(b)\tthe owner of the vessel.\n\t(2)\tThe National Regulator may, within 30 days after the conduct constituting the relevant offence, give a written notice—\n\t(a)\tif the relevant offence is alleged to have been committed by the master of the vessel—to the owner of the vessel, requiring the owner to inform the National Regulator of the name and address of the person who was the master of the vessel at the time of the conduct constituting the relevant offence; or\n\t(b)\tif the relevant offence is alleged to have been committed by the owner of the vessel—to the master of the vessel, requiring the master to inform the National Regulator of the name and address of the person who was the owner of the vessel at the time of the conduct constituting the relevant offence.\n\t(3)\tThe notice must—\n\t(a)\tspecify the relevant offence; and\n\t(b)\tstate the effect of section 155.\n155—Offence not to give information\n\t(a)\tthe person is given a notice under section 154(2); and\n\t(b)\tthe person does not, within 28 days of the giving of the notice, give the information specified in the notice to the National Regulator.\n\t(2)\tSubsection (1) does not apply if the person satisfies the National Regulator that, at the time of the conduct constituting the relevant offence, the vessel had been stolen or wrongfully taken.\n156—Evidentiary certificates\n\t(1)\tThe National Regulator may issue a written certificate stating—\n\t(a)\tthat a unique identifier was issued, on a specified day, in relation to a domestic commercial vessel; or\n\t(b)\tthat a specified certificate in relation to a domestic commercial vessel was issued, suspended or revoked on a specified day; or\n\t(c)\tthat a specified person was issued, on a specified day, with a specified certificate in relation to a domestic commercial vessel; or\n\t(d)\tthat a specified person was, on a specified day, issued with a certificate of competency; or\n\t(e)\tthat a specified certificate of competency was suspended or revoked on a specified day; or\n\t(f)\tthe conditions to which a specified certificate is, or is not, subject; or\n\t(g)\tthat a specified person was issued with an instrument (however described) of accreditation; or\n\t(h)\tthat a specified instrument (however described) of accreditation was suspended or revoked on a specified day.\n\t(2)\tIn any proceedings for an offence under this Law, a certificate under this section is prima facie evidence of the matters in the certificate.\n157—Burden of proving certain matters lies on defendant\nIn proceedings for an offence against this Law, the prosecution is not required to prove, in the absence of evidence to the contrary, the following:\n\t(a)\tthat the defendant was the owner or master of a specified domestic commercial vessel at the time of the conduct constituting the alleged offence;\n\t(b)\tthat a specified vessel is a domestic commercial vessel;\n\t(c)\tthat a specified vessel of a specified person is subject to this Law;\n\t(d)\tthat a specified vessel is not exempt from a provision of this Law;\n\t(e)\tthat a message or signal was received by the master of a domestic commercial vessel, if—\n\t(i)\tthe message was transmitted under this Law by a prescribed person; and\n\t(ii)\tthe vessel was located so as to be able to receive the message or signal;\n\t(f)\tthat a specified vessel is a particular length or tonnage;\n\t(g)\tthe time of sunrise and sunset in a particular location on any day, as published by the Commonwealth Bureau of Meteorology established under section 5 of the Meteorology Act 1955.\nDivision 8—Adverse publicity orders\n158—Adverse publicity orders\n\t(1)\tThis section applies if a court finds a person (the offender) guilty of an offence against this Law, whether or not the court convicts the offender of the offence.\n\t(2)\tThe court may make an order (the adverse publicity order) requiring the offender—\n\t(a)\tto take either or both of the following actions within the period specified in the order:\n\t(i)\tto publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;\n\t(ii)\tto notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n\t(b)\tto give the National Regulator, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n\t(3)\tThe court may make the adverse publicity order—\n\t(a)\teither on its own initiative or on the application of the person prosecuting the offence; and\n\t(b)\tin addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.\n\t(4)\tIf the offender fails to give evidence to the National Regulator in accordance with subsection (2)(b), the National Regulator may take the action or actions specified in the order.\n\t(5)\tHowever, if—\n\t(a)\tthe offender gives evidence to the National Regulator in accordance with subsection (2)(b); and\n\t(b)\tdespite that evidence, the National Regulator is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order,\nthe National Regulator may apply to a court for an order authorising the National Regulator, or a person authorised in writing by the National Regulator, to take the action or actions.\n\t(6)\tIf the National Regulator takes one or more actions under subsection (4) or an order under subsection (5), the National Regulator is entitled to recover from the offender, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the National Regulator.\n","sortOrder":18},{"sectionNumber":"Div 9","sectionType":"division","heading":"Regulations and other legislative instruments","content":"Division 9—Regulations and other legislative instruments\n159—Regulations\n\t(1)\tThe Governor‑General may make regulations prescribing matters—\n\t(a)\trequired or permitted by this Law to be prescribed; or\n\t(b)\tnecessary or convenient to be prescribed for carrying out or giving effect to this Law.\n\t(2)\tThe regulations may prescribe standards for the purposes of this Law including, but not limited to, standards in relation to the following:\n\t(a)\tthe survey of domestic commercial vessels;\n\t(b)\tthe construction of domestic commercial vessels;\n\t(c)\tmachinery and equipment connected with domestic commercial vessels;\n\t(d)\tmaintenance of domestic commercial vessels;\n\t(e)\toperation of domestic commercial vessels;\n\t(f)\tcrewing of domestic commercial vessels;\n\t(g)\tqualifications of crew and masters of domestic commercial vessels;\n\t(h)\tsafety of domestic commercial vessels;\n\t(i)\tcommunications relating to domestic commercial vessels.\n\t(3)\tThe regulations may prescribe requirements relating to the following:\n\t(a)\tthe keeping of records relating to the operation of domestic commercial vessels;\n\t(b)\tauditing the operation of domestic commercial vessels;\n\t(c)\tthe marking of domestic commercial vessels;\n\t(d)\tadvertising the uses of domestic commercial vessels, including prohibiting advertising of uses not permitted by a certificate for the vessel.\n\t(4)\tThe regulations may prescribe a scheme for and in relation to voluntary enforceable undertakings.\n\t(5)\tThe regulations may make provision for and in relation to—\n\t(a)\trequiring persons to hold certificates (within the ordinary meaning of that expression) or other documents for the purposes of giving effect to an international convention or instrument that is in force for Australia; and\n\t(b)\tthe issuing, varying, revoking and suspending of such certificates or other documents.\n\t(6)\tBefore the Governor‑General makes regulations for the purposes of section 7(4) or (5), the Commonwealth Minister must be satisfied that—\n\t(a)\tthe COAG Council has been consulted in relation to the proposed regulations; and\n\t(b)\tthe COAG Council has unanimously agreed to the making of the proposed regulations.\n160—Regulations may prescribe matters relating to accreditation and approval\n\t(1)\tThe regulations may prescribe matters relating to accreditation and approval, including, but not limited to—\n\t(a)\tthe accreditation of persons to perform roles prescribed by regulations made for the purposes of this paragraph; and\n\t(b)\tthe approval of training organisations.\n\t(2)\tExamples of matters that the regulations may deal with are—\n\t(a)\tthe standards that are to be met by persons who seek to be accredited or approved; and\n\t(b)\twho is responsible for determining whether a person meets the standards; and\n\t(c)\thow accreditation is to be recognised (for example, by establishment of a register or other method); and\n\t(d)\tthe standards and other obligations that persons must continue to meet to remain accredited or approved; and\n\t(e)\twho is responsible for monitoring compliance with ongoing requirements in the regulations; and\n\t(f)\tthe consequences of accredited persons and approved training organisations failing to comply with the provisions of this Law; and\n\t(g)\tthe obligations of accredited persons and approved training organisations in relation to the monitoring of their compliance; and\n\t(h)\thow and by whom an accredited person may have his or her accreditation (or recognition of that accreditation) varied, suspended or revoked; and\n\t(i)\thow and by whom an approved training organisation may have its approval varied, suspended or revoked; and\n\t(j)\treview of decisions to refuse, vary, suspend or revoke accreditation (or recognition of accreditation) or approval; and\n\t(k)\tthe process for handling complaints involving accredited persons or approved training organisations; and\n\t(l)\twho may deliver recognised training to accredited persons or approved training organisations; and\n\t(m)\tauditing accredited persons or approved training organisations.\n\t(3)\tBefore the Governor General makes the first regulations for the purposes of subsection (1)(a) providing for the accreditation of persons to perform the role of a surveyor of vessels, the Commonwealth Minister must be satisfied that—\n\t(a)\tthe COAG Council has been consulted in relation to the proposed regulations; and\n\t(b)\tthe COAG Council has agreed to the making of the proposed regulations.\n161—Offence of contravening a condition of accreditation\n\t(1)\tAn accredited person commits an offence if—\n\t(d)\tthe person intends the act or omission to be a risk to the safety of a person or a domestic commercial vessel.\n\t(d)\tthe person is reckless as to whether the act or omission is a risk to the safety of a person or a domestic commercial vessel.\n\t(d)\tthe person is negligent as to whether the act or omission is a risk to the safety of a person or a domestic commercial vessel.\n\t(b)\tthe act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph.\n162—Regulations may prescribe penalties etc\n\t(1)\tThe regulations may prescribe penalties not more than 50 penalty units for offences against the regulations.\n\t(2)\tThe regulations may prescribe civil penalties for contraventions of the regulations, not more than—\n\t(a)\tfor a body corporate—500 penalty units; or\n\t(b)\tin any other case—100 penalty units.\n\t(3)\tThe regulations may provide for a person who is alleged to have contravened a provision of the regulations for whose contravention a civil penalty is prescribed to pay a penalty to the Commonwealth as an alternative to proceedings for a civil penalty.\n\t(4)\tThe penalty must not exceed one tenth of the maximum penalty that a court could have ordered the person to pay if the court was satisfied that the person had contravened that provision.\n163—Legislative instruments other than regulations\n\t(1)\tThe National Regulator may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations, other than regulations made for the purposes of the following provisions:\n\t(a)\tsections 7(4) and (5) (definition of domestic commercial vessel);\n\t(b)\tsection 8(3)(a) (definition of vessel);\n\t(c)\tsection 150(1) (fees);\n\t(d)\tsection 160(1)(a) (accreditation).\n\t(2)\tIf a Marine Order is inconsistent with this Law, the Marine Order is, to the extent of the inconsistency, of no effect.\n\t(3)\tA reference to this Law in subsection (2) does not include a reference to a Marine Order.\n164—Incorporation of material, etc\nDespite section 14 of the Legislative Instruments Act 2003 of the Commonwealth, the regulations and Marine Orders may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in any written instrument in force or existing from time to time, including but not limited to—\n\t(a)\tthe National Standard for Commercial Vessels; and\n\t(b)\tthe Uniform Shipping Laws Code.\n165—Regulations may deal with transitional matters\n\t(1)\tThe regulations may prescribe matters of a transitional nature (including matters of an application or saving nature)—\n\t(a)\tarising out of the enactment of this Law; or\n\t(b)\trelating to the transition from the application of provisions of laws of the States and the Territories to the application of provisions of this Law.\n\t(2)\tThe regulations have effect despite anything else in this Law.\n\t(3)\tThe regulations may provide that certain provisions of this Law are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified.\n\t(4)\tThe regulations may provide that a specified identifier, document, licence, certificate or exemption (however described) issued, whether before or after the commencement of this Act, under a law of a State or the Northern Territory is taken to be a specified identifier, document, licence, certificate or exemption issued under this Law, subject to such requirements and modifications as are prescribed.\n\t(5)\tDespite section 12(2) of the Legislative Instruments Act 2003 of the Commonwealth, regulations made under this section may be expressed to take effect from a date before the regulations are registered under that Act.\n\t(6)\tIf—\n\t(a)\tregulations are expressed to take effect from a date before the date the regulations are registered under the Legislative Instruments Act 2003 of the Commonwealth; and\n\t(b)\ta person did an act or omitted to do an act before the regulations are registered; and\n\t(c)\tapart from the retrospective effect of the regulations, the act or omission would not have contravened this Law,\nthen a court must not convict the person of an offence in relation to the act or omission on the grounds that it contravened this Law.\n","sortOrder":19},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n2—Regulations may make further transitional or savings provisions\nThe regulations may make further provisions of a saving or transitional nature in respect of the operation of this Act.\nPart 3—Transitional provision\n43—Transitional provision\nA certificate of competency of a class appropriate to operate a recreational vessel (a boat operator's licence) in force under the Harbors and Navigation Act 1993 immediately before the commencement of this Act, continues in force subject to that Act (as amended by this Act) as if it were a boat operator's licence issued under that Act (as amended by this Act).\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 amended the following:\nHarbors and Navigation Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nMarine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 \n14.6.2013\n1.7.2013 (Gazette 27.6.2013 p2780)\nStatutes Amendment (Administrative Review Tribunal) Act 2025\nPt 9 (ss 14 & 15)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\ns 4\n\ns 4(1)\n\nCommonwealth administrative laws\namended by 54/2025 s 14\nPt 5\n\ns 13\n\ns 13(5)\namended by 54/2025 s 15(1), (2)\nSch 2\n\nPt 1\n\ncl 1\nPt 2\n","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act broadens scope beyond a simple adoption: it applies the Commonwealth domestic commercial vessel law as a law of the State and, by s5(2), may operate as if extending to matters the State can legislate (including where the Commonwealth may not). Regulations can also delay specified Commonwealth amendments taking effect under s5(4). The Act preserves some State law (s5(3)) and binds the Crown while excluding Crown pecuniary liability (s4(1)–(2))."},"complexity_factors":["Application of a Commonwealth national law as a State law that can extend to State matters (s5) — cross‑jurisdictional interpretation complexity (s6).","Centralised regulator (AMSA) with extensive delegation and sub‑delegation to Commonwealth and State officers (s9, s11) — governance and accountability layering.","Integration of Commonwealth criminal and administrative regimes to govern offences and reviews under the applied provisions (s10, s13) — procedural and jurisdictional interface.","Extensive inspection, monitoring, search, seizure, detention and warrant powers vested in marine safety inspectors (ss95–107, 121–136) — operational and evidentiary complexity.","Comprehensive certification regime (unique identifiers, survey, operation, competency) with numerous application, variation, suspension and revocation procedures (ss30–71, 37–66) — compliance and recordkeeping burden.","Widespread use of strict liability offences alongside fault‑based offences with graduated penalties (eg ss12–13, 16–18, 19–20) — prosecution and defence implications.","Regulatory rulemaking split between regulations and Marine Orders and the ability to incorporate external standards (ss159, 163, 164) — complexity in delegated instruments.","Money flows split: most penalties/fees payable to the Commonwealth while limited State fees may be authorised for State delegates (ss15, 16, 17) — fiscal and incentive effects.","Transitional, savings and potential retrospective regulatory powers (s165, Sch 2) — legal transition and retrospective‑effect risk."],"plain_english_summary":"This Act applies the Commonwealth Marine Safety (Domestic Commercial Vessel) National Law in South Australia and makes the Australian Maritime Safety Authority the National Regulator (s9). It gives the Regulator power to issue unique identifiers and certificates, set standards, inspect vessels and enforce safety duties and offences affecting owners, masters, crew, designers and accredited persons.  Most fines and fees are payable to the Commonwealth (s17); the State may receive fees for State staff acting as delegates (s15). The Act also creates broad monitoring, search, seizure and warrant powers (ss97–105)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the known history of this legislation, it has remained consistent with its original intent: to apply the national domestic commercial vessel safety framework in South Australia. No significant scope creep or reduction has been identified. The broken link prevents confirmation of any recent amendments."},"complexity_factors":["The Act itself is structurally simple — it primarily functions as a one-page 'switch' that applies Commonwealth law in SA","The complexity lies in the underlying Commonwealth law being adopted (the Marine Safety (Domestic Commercial Vessel) National Law Act 2012), not in this state application Act","Application/adoption legislation can confuse readers unfamiliar with the technique of one jurisdiction adopting another's laws by reference","No substantive legislative text was retrievable due to a broken URL, limiting full analysis"],"plain_english_summary":"This Act makes South Australia apply the Commonwealth's national marine safety law to domestic commercial vessels, putting oversight with the Australian Maritime Safety Authority and replacing inconsistent state rules. \n\nIt affects vessel owners, operators, crew, regulators and passengers by creating uniform safety standards for construction, equipment, crewing and operations across SA waters."},"kimi_summary":{"_metrics":{"completionTokens":757},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as an application statute that adopts the Commonwealth national law scheme for domestic commercial vessels. The 2025 amendments merely updated references from the Administrative Appeals Tribunal to the Administrative Review Tribunal, without expanding the substantive scope."},"complexity_factors":["Extensive cross-referencing between state and Commonwealth laws, including applied provisions from the Commonwealth Marine Safety (Domestic Commercial Vessel) National Law","Multiple layers of delegation: National Regulator → state officers → sub-delegates, with conditions on each","Nested conditional logic throughout — many offences have 4 tiers of mental state (intentional, reckless, negligent, strict liability)","47+ defined terms in the interpretation section, with some definitions containing their own sub-definitions and exceptions","Complex certificate regime with 4 certificate types, each having application, issue, variation, suspension, revocation, and offence provisions","Detailed inspector powers spanning 8 divisions with warrant procedures, consent requirements, and emergency exceptions","Double application mechanism — Commonwealth law applies as state law, but with modifications and state-specific administrative overlays","Extensive regulation-making powers (159-165) that leave critical operational details to subordinate legislation","Transitional provisions and recognition of prior state certificates creating parallel validity periods","Specific treatment of partnerships, unincorporated associations, and trusts with multiple trustees as separate legal personalities"],"plain_english_summary":"This South Australian law adopts a **national scheme for regulating commercial boats** that operate only within Australian waters (called \"domestic commercial vessels\"). Think fishing boats, charter vessels, water taxis, and work boats — but not international ships or recreational boats.\n\n**What it does:**\n\n- **Applies Commonwealth law as state law**: The Commonwealth's Marine Safety (Domestic Commercial Vessel) National Law becomes law in South Australia, so there's one consistent set of rules nationwide.\n\n- **Creates a single national regulator**: The Australian Maritime Safety Authority (AMSA) becomes the National Regulator, issuing certificates, conducting inspections, and enforcing safety standards.\n\n- **Requires three key certificates**:\n  - **Unique identifier** — like a registration number for the vessel\n  - **Certificate of survey** — proves the boat is seaworthy\n  - **Certificate of operation** — authorises how the vessel can be used\n  - **Certificate of competency** — required qualifications for crew and masters\n\n- **Imposes safety duties** on everyone involved: owners must ensure vessels are safe; masters (captains) must operate safely; crew and passengers must not endanger others; designers and builders must ensure vessels are safe when built.\n\n- **Gives inspectors strong powers**: Marine safety inspectors can board vessels, search premises with warrants, seize evidence, issue improvement and prohibition notices, and detain unsafe vessels.\n\n- **Sets up enforcement**: Offences range from strict liability (no need to prove intent) up to serious crimes with 2 years imprisonment for intentional safety breaches. Infringement notices allow fines without court.\n\n- **Protects people who help**: Masters must assist vessels in distress, with serious penalties for refusing.\n\n- **Allows review of decisions**: Certificate holders can appeal National Regulator decisions to the Administrative Review Tribunal.\n\n**Who it affects:** Anyone who owns, operates, builds, or works on commercial vessels in Australian waters — from sole operators to large companies. It also affects passengers through safety duties.\n\n**Why it matters:** Before this, each state had different rules. Now there's national consistency, making it easier for businesses operating across state borders and ensuring the same safety standards apply everywhere."}},"importantCases":[],"_links":{"self":"/api/acts/marine-safety-domestic-commercial-vessel-national-law-application-act-2013","history":"/api/acts/marine-safety-domestic-commercial-vessel-national-law-application-act-2013/history","analysis":"/api/acts/marine-safety-domestic-commercial-vessel-national-law-application-act-2013/analysis","conflicts":"/api/acts/marine-safety-domestic-commercial-vessel-national-law-application-act-2013/conflicts","importantCases":"/api/acts/marine-safety-domestic-commercial-vessel-national-law-application-act-2013/important-cases","documents":"/api/acts/marine-safety-domestic-commercial-vessel-national-law-application-act-2013/documents"}}