{"id":"F2013L00897","name":"Navigation Regulation 2013","slug":"navigation-regulation-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"98 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":90588,"registerId":"commonwealth-F2013L00897-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian Border Force vessel management plans","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":4},{"sectionNumber":"Division 2.1","sectionType":"division","heading":"General","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Part 2","content":"#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":6},{"sectionNumber":"Division 2.2","sectionType":"division","heading":"Application for acceptance of Australian Border Force vessel management plan","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Application for acceptance of CVMP","content":"#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Review of Australian Border Force vessel management plan by recognised organisation","content":"#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Acceptance of Australian Border Force vessel management plan by AMSA","content":"#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Notification that Australian Border Force vessel management plan will no longer be used","content":"#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.","sortOrder":11},{"sectionNumber":"Division 2.3","sectionType":"division","heading":"Variation of Australian Border Force vessel management plan","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Application for acceptance of variation of Australian Border Force vessel management plan","content":"#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Acceptance of variation of Australian Border Force vessel management plan by AMSA","content":"#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.","sortOrder":14},{"sectionNumber":"Division 2.4","sectionType":"division","heading":"Ongoing review of Australian Border Force vessel management plan","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Reporting of non‑compliance with requirements of Australian Border Force vessel management plan","content":"#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Safety of navigation","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":17},{"sectionNumber":"Division 3.1","sectionType":"division","heading":"Liability for loss of life, division of liability and right of contribution","content":"## Part 1—Preliminary\n\n#### 1 Name of regulation\n\n  This regulation is the Navigation Regulation 2013.\n\n#### 3 Authority\n\n  This regulation is made under the Navigation Act 2012.\n\n#### 4 Definitions\n\n  In this regulation:\n\n> Act means the Navigation Act 2012.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Note 1: Several other words and expressions used in this regulation have the meaning given by section 14 of the Act, including:\n\n    (a) Marine Order\n    (b) recognised organisation\n    (c) Salvage Convention.\n\n> Note 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n## Part 2—Australian Border Force vessel management plans\n\n### Division 2.1—General\n\n#### 5 Application of Part 2\n\n  For section 11 of the Act, this Part sets out matters in relation to the preparation, review and acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n\n### Division 2.2—Application for acceptance of Australian Border Force vessel management plan\n\n#### 6 Application for acceptance of CVMP\n\n  (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) The Australian Border Force vessel management plan must include the following:\n    (a) the vessel or the class of vessels covered by the Australian Border Force vessel management plan, including:\n    (i) the name of the vessel, or for a class of vessels, the name of each vessel in the class; and\n    (ii) the kind of operations the vessel, or for a class of vessels, the kind of operations each vessel in the class will conduct (including the activities the vessel will undertake); and\n    (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number), or for a class of vessels, the unique identifying number for each vessel in the class;\n    (b) for each vessel covered by the Australian Border Force vessel management plan:\n    (i) the provision or provisions of the Act that the vessel or person will not comply with; and\n    (ii) an explanation of why the vessel or person will not be able to comply with the provision or provisions;\n    (c) for each provision of the Act that the vessel or person will not comply with:\n    (i) the requirements that the vessel or person will instead comply with; and\n    (ii) an assessment of any risk that may arise from the non‑compliance, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n    (d) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) of how the Australian Border Force vessel management plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n    (i) the frequency of reviews; and\n    (ii) the nature of reviews; and\n    (iii) how the reviews will be reported and acted upon;\n    (e) the process by which compliance with the Australian Border Force vessel management plan will be reviewed by a recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n  (3) The Comptroller‑General of Customs may only apply to AMSA for acceptance of the Australian Border Force vessel management plan if a recognised organisation has declared that it has reviewed the Australian Border Force vessel management plan and is satisfied of the matters set out in section 7.\n  (4) The application for acceptance of the Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) include:\n    (i) the applicant’s name, address and contact details; and\n    (ii) the name, position, address and contact details of a contact person for the Australian Border Force vessel management plan; and\n    (c) be accompanied by the Australian Border Force vessel management plan; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (3).\n\n#### 7 Review of Australian Border Force vessel management plan by recognised organisation\n\n  For subsection 6(3), the recognised organisation must be satisfied, for each provision of the Act that the vessel or person will not comply with, of the following matters:\n    (a) the risk of the non‑compliance is adequately assessed;\n    (b) the requirements to be met in place of the provision are adequately described and appropriately mitigate the identified risks.\n\n#### 8 Acceptance of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept the Australian Border Force vessel management plan in writing, within 28 days of receiving an application, if AMSA is satisfied that the requirements of subsection 6(4) have been met.\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n  (3) An acceptance of an Australian Border Force vessel management plan expires:\n    (a) on the date of expiry specified in the acceptance; or\n    (b) if no date of expiry is specified in the acceptance, 5 years from the date the written acceptance is given.\n\n> Note: An acceptance of an Australian Border Force vessel management plan also expires on the date that AMSA receives notification that the Comptroller‑General of Customs will not use the plan—see subsection 9(2).\n\n  (4) For paragraph (3)(a), AMSA may specify a later date of expiry for the acceptance.\n\n#### 9 Notification that Australian Border Force vessel management plan will no longer be used\n\n  (1) If the Comptroller‑General of Customs decides to not use an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must notify AMSA, in writing, of the decision.\n  (2) The acceptance of the Australian Border Force vessel management plan expires on the date that AMSA receives the notification.\n\n### Division 2.3—Variation of Australian Border Force vessel management plan\n\n#### 10 Application for acceptance of variation of Australian Border Force vessel management plan\n\n  (1) The Comptroller‑General of Customs must apply to AMSA for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel if:\n    (a) either:\n    (i) there is a significant change to the vessel; or\n    (ii) there is a significant change to the operation of the vessel; and\n    (b) the significant change requires the undertaking of a new risk assessment in relation to a provision of the Act identified in the Australian Border Force vessel management plan as a provision that cannot be complied with.\n  (2) The Comptroller‑General of Customs may only apply to AMSA for acceptance of a variation of an Australian Border Force vessel management plan if the recognised organisation for the plan has declared that it has reviewed the variation and is satisfied of the matters set out in section 7.\n  (3) The application for acceptance of a variation of an Australian Border Force vessel management plan must:\n    (a) be in writing; and\n    (b) set out the variation; and\n    (c) be accompanied by a copy of the part of the Australian Border Force vessel management plan affected by the variation, clearly identifying the variation; and\n    (d) be accompanied by the declaration of a recognised organisation mentioned in subsection (2).\n  (4) In this regulation:\n\n> significant change:\n\n    (a) for a vessel—means:\n    (i) a variation to a certificate issued for the vessel under the Act; or\n    (ii) a change to the vessel by a repair, alteration or modification that substantially alters the dimensions of the vessel or the passenger accommodation spaces, or substantially increases the vessel’s service life; and\n    (b) for the operation of a vessel—means a change to the kind of operations, described in the Australian Border Force vessel management plan for the vessel or the class of vessels to which the vessel belongs, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\n#### 11 Acceptance of variation of Australian Border Force vessel management plan by AMSA\n\n  (1) AMSA must accept a variation of an Australian Border Force vessel management plan, within 28 days of receiving an application, if AMSA is satisfied of the matters mentioned in subsection 10(3).\n  (2) If AMSA requires further information in order to assess the application:\n    (a) AMSA must request the information; and\n    (b) the 28 day period for making a decision on the application does not commence until AMSA receives the further information.\n\n### Division 2.4—Ongoing review of Australian Border Force vessel management plan\n\n#### 12 Reporting of non‑compliance with requirements of Australian Border Force vessel management plan\n\n  If a recognised organisation becomes aware that an Australian Border Force vessel or a person has not complied with a requirement of the Australian Border Force vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n    (a) notify AMSA of the non‑compliance; and\n    (b) provide any relevant documentation about the non‑compliance to AMSA.\n\n## Part 3—Safety of navigation\n\n### Division 3.1—Liability for loss of life, division of liability and right of contribution\n\n#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.\n\n#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.\n\n#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.\n\n#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.\n\n## Part 4—Salvage\n\n#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.\n\n## Part 5—Transitional matters\n\n#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Application of Division 3.1","content":"#### 13 Application of Division 3.1\n\n  This Division is made for subsection 176(3) of the Act.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Damages for personal injuries","content":"#### 14 Damages for personal injuries\n\n  (1) If a person on board a vessel suffers a personal injury or dies because of the fault of the vessel and of another vessel, the liability of the owners of the vessels is joint and several.\n  (2) This section does not:\n    (a) deprive a person of a right of defence on which, independently of this section, the person might have relied in an action brought against him or her by:\n    (i) the person injured; or\n    (ii) a person entitled to sue in respect of the death; or\n    (b) affect the right of a person to limit his or her liability in a case to which this section relates in the manner provided by law.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Rule as to division of loss","content":"#### 15 Rule as to division of loss\n\n  (1) If, because of 2 or more vessels, damage or loss is caused to:\n    (a) those vessels or one or more other vessels; or\n    (b) the cargo or freight of those vessels or one or more other vessels; or\n    (c) property on board those vessels or one or more other vessels;\n  the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n  (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally.\n  (3) This section does not make a ship liable for loss or damage if it was not at fault.\n  (4) This section does not:\n    (a) affect the liability of a person under a contract, including a contract of carriage; or\n    (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or\n    (c) affect the right of a person to limit his or her liability in the manner provided by law.\n  (5) In this section:\n\n> damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.\n\n> freight includes passage money and hire.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Right of contribution","content":"#### 16 Right of contribution\n\n  (1) If:\n    (a) a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and\n    (b) a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which it was in fault;\n  the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.\n  (2) This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.\n  (3) In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Salvage","content":"## Part 4—Salvage","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Certain provisions of Salvage Convention to have force of law","content":"#### 17 Certain provisions of Salvage Convention to have force of law\n\n  For paragraph 241(1)(a) of the Act, the following provisions of the Salvage Convention have the force of law in Australia:\n    (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30;\n    (b) the common understanding concerning Articles 13 and 14, as set out in Schedule 1.\n\n> Note: For the definition and location of the Salvage Convention, see section 14 of the Act.","sortOrder":24},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional matters","content":"## Part 5—Transitional matters","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015","content":"#### 18 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015\n\n  (1) An application under subsection 6(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for acceptance of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.\n  (2) An application under subsection 10(1) that was pending immediately before 1 July 2015 is taken on and after that day to be an application under that subsection for an acceptance of a variation of an Australian Border Force vessel management plan for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel.","sortOrder":26}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2134},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation was substantially amended in 2015 to replace the 'Customs vessel management plan' framework with the 'Australian Border Force vessel management plan' framework, reflecting the creation of the Australian Border Force and the transfer of maritime border protection functions from the former Australian Customs and Border Protection Service."},"complexity_factors":["Cross-references to multiple statutes (Navigation Act 2012, Australian Border Force Act 2015) and international treaties (Salvage Convention)","Technical procedural requirements for vessel management plans including mandatory third-party review by recognised organisations","Application of established maritime legal doctrines including joint and several liability, apportionment of fault, and contribution rights","Nested conditional definitions (e.g., 'significant change' defined with multiple sub-criteria for vessels versus operations)","Multi-step administrative processes with specific timeframes (28-day decision period) and documentation requirements"],"plain_english_summary":"This regulation under the Navigation Act 2012 lets Australian Border Force vessels use approved vessel management plans — reviewed by recognised organisations and accepted by AMSA — to lawfully deviate from some navigation rules when equivalent safety measures are in place. It also clarifies collision liability (joint and several liability for injury/death, fault-based division of property loss, and rights of contribution) and gives legal effect to key articles of the 1989 Salvage Convention. It affects ABF, AMSA, ship owners, insurers and classification societies."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Section 18 (Transitional matters) re‑states that applications pending immediately before 1 July 2015 are to be treated as applications under the Australian Border Force vessel management plan framework. That amendment redirected in‑flight applications into the ABF plan regime and therefore altered the regulatory coverage and administrative point of entry for those pending matters."},"complexity_factors":["Multiple agencies and roles: Comptroller‑General of Customs (applicant), AMSA (decision‑maker) and recognised organisations (independent reviewer) interact in prescribed steps (see ss 6–9, 11–12).","Procedural timing and information flow: AMSA must decide within 28 days but the period does not start until requested further information is provided (s 8(1)–(2); s 11(1)–(2)).","Substantive plan content and risk assessment requirements: plans must identify non‑compliant Act provisions, justify non‑compliance and set alternative requirements with risk mitigation (s 6(2)(b)–(c); s 7).","Variation triggers and definitions: mandatory applications for variation are tied to a legally defined ‘significant change’ to vessel or operations, which can be technical (certificate variation, structural change) or operational (s 10(1), (4)).","Enforcement reporting obligation on recognised organisations: they must notify AMSA and provide documents if they become aware of non‑compliance (s 12).","Liability rules introduce legal allocation issues: joint and several liability for fatalities/injuries and proportional apportionment of loss require legal analysis in multi‑vessel incidents (ss 14–16).","Incorporation of international law: specific articles and understandings from the Salvage Convention are given domestic force (s 17), adding treaty‑based complexity.","Transitional amendment: pending applications were recharacterised by amendment, affecting which regime applies to in‑flight cases (s 18).","Cross‑references to the Navigation Act, Marine Orders and external definitions (s 4 and notes) require users to consult multiple instruments to apply the rules correctly."],"plain_english_summary":"This regulation sets the paperwork and decision steps for Australian Border Force (ABF) vessel management plans and fixes some navigation‑liability rules. It requires the Comptroller‑General of Customs to submit a written plan — reviewed and declared acceptable by a recognised organisation — to AMSA, specifies what must be in the plan, gives AMSA 28 days to accept applications (5‑year default expiry), requires reporting of non‑compliance, prescribes when variations are needed, and applies select Salvage Convention articles. It affects ABF decision‑makers, AMSA, recognised organisations, vessel owners and people aboard vessels."}},"importantCases":[],"_links":{"self":"/api/acts/navigation-regulation-2013","history":"/api/acts/navigation-regulation-2013/history","analysis":"/api/acts/navigation-regulation-2013/analysis","conflicts":"/api/acts/navigation-regulation-2013/conflicts","importantCases":"/api/acts/navigation-regulation-2013/important-cases","documents":"/api/acts/navigation-regulation-2013/documents"}}