{"id":"F2023L01329","name":"Navigation Regulations 2023","slug":"navigation-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442120,"registerId":"F2023L01329-fast-fetch-1775957217031","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Navigation Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nNavigation Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated  28 September 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nCatherine King\n\nMinister for Infrastructure, Transport, Regional Development and Local Government\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedule 2\n\n5 Definitions\n\nPart 2—ABF vessel management plans\n\nDivision 1—Review and acceptance of ABF vessel management plans\n\nSubdivision A—Introduction\n\n6 Purpose of this Division\n\nSubdivision B—Review and acceptance of ABF vessel management plan\n\n7 Review of ABF vessel management plan by recognised organisation\n\n8 Application for acceptance of ABF vessel management plan\n\n9 Acceptance of ABF vessel management plan by AMSA\n\n10 End of acceptance by Comptroller‑General of Customs\n\n11 Revocation of acceptance if new ABF vessel management plan is accepted\n\nSubdivision C—Amendment to ABF vessel management plan\n\n12 Amendment to accepted ABF vessel management plan\n\n13 Application for acceptance of amendment to ABF vessel management plan\n\n14 Acceptance of amendment to ABF vessel management plan by AMSA\n\nDivision 2—Non‑compliance with ABF vessel management plan\n\n15 Purpose of this Division\n\n16 Reporting of non‑compliance with requirements of ABF vessel management plan\n\nPart 3—Safety of navigation\n\n17 Application of this Part\n\n18 Liability for personal injuries\n\n19 Rule as to division of liability\n\n20 Right of contribution\n\nPart 4—Salvage\n\n21 Certain provisions of Salvage Convention to have force of law\n\nPart 5—Application, transitional and savings provisions\n\n22 Transitional provision—ABF vessel management plan accepted before commencement\n\nSchedule 1—Salvage Convention, the Common Understanding Concerning Articles 13 and 14\n\nSchedule 2—Repeals\n\nNavigation Regulation 2013\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Navigation Regulations 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 October 2023. 1 October 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Navigation Act 2012.\n\n4  Schedule 2\n\n  Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.\n\n5  Definitions\n\nNote 1: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Australian Border Force vessel;\n\n(b) Marine Order;\n\n(c) recognised organisation;\n\n(d) Salvage Convention.\n\nNote 2: Recognised organisations are prescribed in the Marine Orders—see subsection 342(1) of the Act.\n\n  In this instrument:\n\nABF vessel management plan means an Australian Border Force vessel management plan within the meaning of section 11 of the Act.\n\nAct means the Navigation Act 2012.\n\nAustralian Border Force has the meaning given by the Australian Border Force Act 2015.\n\nComptroller‑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\ndamage or loss includes salvage or other expenses arising from the fault of a vessel, which are recoverable at law by way of damages.\n\nfreight includes passage money and hire.\n\nsignificant change includes, but is not limited to:\n\n (a) for a vessel:\n\n (i) a variation to a certificate issued for the vessel under the Act; and\n\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\n (b) for the operation of a vessel—a change to the kind of operations, described in an ABF vessel management plan for the vessel, that the vessel will conduct (including a change to the activities the vessel will undertake).\n\nPart 2—ABF vessel management plans\n\nDivision 1—Review and acceptance of ABF vessel management plans\n\nSubdivision A—Introduction\n\n6  Purpose of this Division\n\n  For the purposes of section 11 of the Act, this Division sets out matters in relation to the preparation, review and acceptance of an ABF vessel management plan relating to compliance with a provision of Chapter 2, 3 or 6 of the Act by:\n\n (a) an Australian Border Force vessel; or\n\n (b) a person, or a class of persons, in relation to an Australian Border Force vessel.\n\nSubdivision B—Review and acceptance of ABF vessel management plan\n\n7  Review of ABF vessel management plan by recognised organisation\n\n (1) The Comptroller‑General of Customs may submit an ABF vessel management plan to a recognised organisation for review by the recognised organisation.\n\nMandatory contents of plan\n\n (2) The plan must include the following:\n\n (a) information that identifies each Australian Border Force vessel covered by the plan, including:\n\n (i) the name of the vessel; and\n\n (ii) the kind of operations the vessel will conduct (including the activities the vessel will undertake); and\n\n (iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number);\n\n (b) if the plan relates to non‑compliance with a provision of the Act by a particular person—information that identifies the person, including the name of the person;\n\n (c) if the plan relates to non‑compliance with a provision of the Act by a class of persons—information that identifies the class of persons, including a description of the class and any exclusions;\n\n (d) for each vessel covered by the plan:\n\n (i) each provision of the Act that the vessel will not comply with; and\n\n (ii) an explanation of why the vessel will not be able to comply with the provision;\n\n (e) for each person covered by the plan:\n\n (i) each provision of the Act that the person will not comply with; and\n\n (ii) an explanation of why the person will not be able to comply with the provision;\n\n (f) for each provision of the Act that the vessel or person will not comply with:\n\n (i) the requirements that the vessel or person will instead comply with; and\n\n (ii) an assessment of any risk that may arise from the non‑compliance with the provision of the Act, and how that risk will be averted or mitigated by compliance with the alternative requirements;\n\n (g) the process (agreed by the Comptroller‑General of Customs and the recognised organisation) by which the plan will be reviewed by the Comptroller‑General of Customs and the recognised organisation, including:\n\n (i) the frequency of reviews; and\n\n (ii) the nature of reviews; and\n\n (iii) how the reviews will be reported and acted upon;\n\n (h) a description of the arrangements for persons performing work for the Australian Border Force to make reports within the Australian Border Force, and information identifying any other document setting out further details of the arrangements for such reporting, relating to:\n\n (i) the operation of the plan; and\n\n (ii) compliance with relevant requirements under the Act;\n\n (i) a description of the arrangements for reports to be made on behalf of the Comptroller‑General of Customs to the recognised organisation, and information identifying any other document setting out further details of the arrangements for such reporting, relating to:\n\n (i) the operation of the plan; and\n\n (ii) compliance with relevant requirements under the Act;\n\n (j) the process by which compliance with relevant requirements under the Act will be reviewed by the recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.\n\nPower to review plan\n\n (3) The recognised organisation may review the plan if it is satisfied that the plan complies with subsection (2).\n\n (4) In reviewing the plan, the recognised organisation may take into account any additional information or document provided by the Comptroller‑General of Customs for the purposes of the review.\n\nOutcome of review\n\n (5) The recognised organisation may, if it is so satisfied, declare it is satisfied that for each provision of the Act that the vessel or person will not comply with:\n\n (a) the risk of the non‑compliance is adequately assessed; and\n\n (b) the requirements specified in the plan under subparagraph (2)(f)(i) are adequately described and appropriately mitigate the identified risks.\n\n8  Application for acceptance of ABF vessel management plan\n\n (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an ABF vessel management plan if a recognised organisation has made a declaration under subsection 7(5) in relation to the plan.\n\n (2) The application for acceptance of the plan must include:\n\n (a) the plan; and\n\n (b) the declaration made by the recognised organisation under subsection 7(5) in relation to the plan; and\n\n (c) the following details of each contact person nominated by the Comptroller‑General of Customs for the plan:\n\n (i) name;\n\n (ii) position;\n\n (iii) role and responsibilities in relation to the plan;\n\n (iv) address;\n\n (v) contact details.\n\n (3) The Comptroller‑General of Customs may, in the application, propose the following:\n\n (a) a day for the acceptance to commence;\n\n (b) a day for the acceptance to end, which must not be later than 5 years after the day proposed for the commencement.\n\n9  Acceptance of ABF vessel management plan by AMSA\n\n (1) If AMSA is satisfied that an application for acceptance of an ABF vessel management plan complies with subsection 8(2), AMSA must, within 28 days after the day it receives the application:\n\n (a) accept the plan; and\n\n (b) give the Comptroller‑General of Customs written notice of the acceptance.\n\nNotice may specify when acceptance commences and ends\n\n (2) AMSA may, in the notice, specify either or both of the following:\n\n (a) the day the acceptance commences;\n\n (b) the day the acceptance ends, which must not be later than 5 years after the day the acceptance commences.\n\n (3) The days specified by AMSA under subsection (2) may be, but are not required to be, the same as the days proposed in the application for the acceptance under subsection 8(3).\n\nWhen acceptance commences\n\n (4) The acceptance of the plan commences:\n\n (a) if the notice of the acceptance specifies the day the acceptance commences—at the beginning of that day; or\n\n (b) otherwise—when AMSA gives notice of the acceptance.\n\nWhen acceptance ends\n\n (5) Subject to subsection (6), the acceptance of the plan ends at the earliest of the following times:\n\n (a) if the notice of the acceptance specifies the day the acceptance ends—the beginning of that day;\n\n (b) if the Comptroller‑General of Customs gives a notice under subsection 10(1) in relation to the plan—when the acceptance ends according to subsection 10(2);\n\n (c) if the acceptance is revoked under subsection 11(4)—when the acceptance is revoked;\n\n (d) at the end of the period of 5 years beginning on the day the acceptance commences.\n\n (6) If AMSA, under subsection 11(2), partially revokes the acceptance of the plan:\n\n (a) the acceptance, to the extent that it is revoked, ends when that revocation occurs; and\n\n (b) the acceptance, to the extent that it is not revoked under subsection 11(2), ends at the earliest of the times mentioned in subsection (5) of this section for that acceptance.\n\n10  End of acceptance by Comptroller‑General of Customs\n\n (1) If the Comptroller‑General of Customs decides that the acceptance of an ABF vessel management plan should end for an Australian Border Force vessel or for a person in relation to an Australian Border Force vessel, the Comptroller‑General of Customs must give AMSA written notice of the decision.\n\n (2) The acceptance of the plan ends:\n\n (a) if the notice specifies a day for the acceptance of the plan to end—at the beginning of that day; or\n\n (b) otherwise—when AMSA receives the notice.\n\n 11  Revocation of acceptance if new ABF vessel management plan is accepted\n\n (1) This section applies if:\n\n (a) AMSA accepts an ABF vessel management plan (the new plan) that covers an Australian Border Force vessel or a person; and\n\n (b) immediately before the acceptance of the new plan commences, the acceptance of another ABF vessel management plan (the previous plan) that covers that vessel or person is in force.\n\nPartial revocation of acceptance of previous plan\n\n (2) AMSA may revoke the acceptance of the previous plan to the extent that the acceptance relates to the previous plan’s coverage of that vessel or person.\n\nNote: Revocation under this subsection does not affect the acceptance of the previous plan to the extent that the acceptance relates to the previous plan’s coverage of other vessels or persons.\n\n (3) If AMSA decides to revoke the acceptance of the previous plan under subsection (2), AMSA must give the Comptroller‑General of Customs written notice of the revocation, which specifies the vessel or person to which the revocation relates.\n\nFull revocation of acceptance of previous plan\n\n (4) If AMSA does not exercise its power under subsection (2), the acceptance of the previous plan is taken to be wholly revoked when the acceptance of the new plan commences.\n\nSubdivision C—Amendment to ABF vessel management plan\n\n12  Amendment to accepted ABF vessel management plan\n\n (1) The Comptroller‑General of Customs may submit to a recognised organisation, for review by the recognised organisation, an amendment to an ABF vessel management plan that has been accepted under section 9.\n\n (2) The recognised organisation may:\n\n (a) review the amendment; and\n\n (b) determine whether it is satisfied that the amendment does not relate to a significant change to the Australian Border Force vessel, or the operation of the Australian Border Force vessel, covered by the plan.\n\n (3) The recognised organisation must notify the Comptroller‑General of Customs in writing if it is satisfied that the amendment does not relate to a significant change to the Australian Border Force vessel or the operation of the Australian Border Force vessel.\n\n13  Application for acceptance of amendment to ABF vessel management plan\n\n (1) The Comptroller‑General of Customs may apply to AMSA for acceptance of an amendment to an ABF vessel management plan if a recognised organisation notifies the Comptroller‑General of Customs, under subsection 12(3), that the recognised organisation is satisfied that the amendment does not relate to a significant change to the Australian Border Force vessel, or the operation of the Australian Border Force vessel, covered by the plan.\n\n (2) The application for acceptance must:\n\n (a) be in writing; and\n\n (b) set out the amendment; and\n\n (c) be accompanied by a copy of the part of the plan affected by the amendment, clearly identifying the amendment; and\n\n (d) be accompanied by the notice given by the recognised organisation under subsection 12(3).\n\n14  Acceptance of amendment to ABF vessel management plan by AMSA\n\n (1) AMSA must, on application made under section 13, accept an amendment to an ABF vessel management plan if AMSA is satisfied that:\n\n (a) the application complies with subsection 13(2); and\n\n (b) the amendment does not relate to a significant change to the Australian Border Force vessel, or the operation of the Australian Border Force vessel, covered by the plan.\n\n (2) AMSA must, within 28 days after the day it receives the application, give written notice of its decision on the application to:\n\n (a) the Comptroller‑General of Customs; and\n\n (b) the recognised organisation which gave the notice included in the application as required by subsection 13(2).\n\n (3) If AMSA does not give written notice of its decision within the 28‑day period, the amendment is taken to be accepted at the end of that period.\n\nConsequences of acceptance and non‑acceptance of amendment\n\n (4) If AMSA accepts the amendment, AMSA is taken to have accepted the plan as amended by the amendment.\n\n (5) Despite subsection (4), the acceptance of the amendment does not affect the application of subsections 9(4) and (5) in relation to when an acceptance of the plan commences and ends.\n\nNote: This means the acceptance of the amendment does not extend the acceptance period for the plan as a whole for a further period of up to 5 years from the acceptance of the amendment.\n\n (6) If AMSA does not accept the amendment, the acceptance of the plan continues as if the amendment had not been made.\n\nDivision 2—Non‑compliance with ABF vessel management plan\n\n15  Purpose of this Division\n\n  This Division is made for the purposes of paragraph 339(2)(n) of the Act.\n\n16  Reporting of non‑compliance with requirements of ABF 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 ABF vessel management plan related to the vessel or person, the recognised organisation must, as soon as practicable:\n\n (a) notify AMSA of the non‑compliance; and\n\n (b) provide any relevant documentation about the non‑compliance to AMSA.\n\nPart 3—Safety of navigation\n\n   \n\n17  Application of this Part\n\n  This Part is made for the purposes of subsection 176(3) of the Act.\n\n18  Liability 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\n (2) This section does not:\n\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 the person by:\n\n (i) the person injured; or\n\n (ii) a person entitled to sue in respect of the death; or\n\n (b) affect the right of a person to limit the person’s liability in a case to which this section relates in the manner provided by law.\n\n19  Rule as to division of liability\n\n (1) If, because of 2 or more vessels, damage or loss is caused to:\n\n (a) those vessels or one or more other vessels; or\n\n (b) the cargo or freight of those vessels or one or more other vessels; or\n\n (c) property on board those vessels or one or more other vessels;\n\nthe liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault.\n\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\n (3) This section does not make a ship liable for damage or loss if it was not at fault.\n\n (4) This section does not:\n\n (a) affect the liability of a person under a contract, including a contract of carriage; or\n\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\n (c) affect the right of a person to limit the person’s liability in the manner provided by law.\n\n20  Right of contribution\n\n (1) If:\n\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\n (b) a proportion of the damages is recovered against the owner of one of the vessels; and\n\n (c) the proportion of the damages recovered exceeds the proportion in which the vessel was at fault;\n\nthe 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\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\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\nPart 4—Salvage\n\n \n\n21  Certain provisions of Salvage Convention to have force of law\n\n  For the purposes of paragraph 241(1)(a) of the Act, the following have the force of law in Australia:\n\n (a) Articles 6 to 8, 12 to 19, 21 to 23, 26 and 30 of the Salvage Convention;\n\n (b) the common understanding, as set out in Schedule 1 to this instrument, concerning Articles 13 and 14 of the Salvage Convention.\n\nPart 5—Application, transitional and savings provisions\n\n \n\n22  Transitional provision—ABF vessel management plan accepted before commencement\n\n (1) This section applies if:\n\n (a) an ABF vessel management plan (pre‑commencement plan) is accepted under subsection 8(1) of the Navigation Regulation 2013 (the old Regulation) before its repeal; and\n\n (b) immediately before the commencement of this instrument, both of the following apply:\n\n (i) the acceptance (the pre‑commencement acceptance) is the last acceptance given for the pre‑commencement plan under that subsection;\n\n (ii) the pre‑commencement acceptance has not expired under paragraph 8(3)(a) or section 9 of the old Regulation.\n\n (2) Despite the repeal of the old Regulation:\n\n (a) the pre‑commencement acceptance continues in force on and after the commencement of this instrument; and\n\n (b) the pre‑commencement plan may be dealt with under this instrument, on and after that commencement, as if it were an ABF vessel management plan accepted under section 9 of this instrument; and\n\n (c) the pre‑commencement acceptance is taken, for the purposes of this instrument, to have commenced on 1 October 2023; and\n\n (d) the pre‑commencement acceptance is taken, for the purposes of this instrument, to end:\n\n (i) if a date of expiry was specified in the acceptance—on that date; or\n\n (ii) otherwise—on 1 October 2028 unless the acceptance ends earlier in accordance with this instrument.\n\nSchedule 1—Salvage Convention, the Common Understanding Concerning Articles 13 and 14\n\nNote: See section 21.\n\n \n\nCOMMON UNDERSTANDING CONCERNING ARTICLES 13 AND 14 OF THE INTERNATIONAL CONVENTION ON SALVAGE, 1989\n\nIt is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.\n\nSchedule 2—Repeals\n\n \n\nNavigation Regulation 2013\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. It replaces the 2013 Navigation Regulation with updated provisions covering ABF vessel management plans, navigation safety, and salvage—matching the scope of the enabling Navigation Act 2012. The ABF vessel management plan provisions implement section 11 of the Act; the safety of navigation provisions implement section 176; and the salvage provisions implement section 241. No significant scope creep is evident."},"complexity_factors":["Multiple distinct regulatory schemes in one instrument: ABF vessel management, collision liability, and salvage law","Nested procedural requirements for ABF plans: submission → recognised organisation review → declaration → AMSA application → acceptance with time limits","Cross-references to primary legislation (Navigation Act 2012) and other statutes (Australian Border Force Act 2015, Salvage Convention)","Conditional logic for commencement and expiry dates with multiple triggering events (sections 9-11)","Transitional provisions preserving old approvals while converting them to new scheme (section 22)","Technical maritime terms requiring external knowledge (e.g., 'freight includes passage money and hire', 'joint and several liability')","Partial revocation mechanics allowing split treatment of multi-vessel/person plans (section 11)","Deemed acceptance provisions creating legal fictions (section 14(3))","Incorporation by reference of international treaty provisions (Salvage Convention articles)"],"plain_english_summary":"This law lets Australian Border Force vessels operate under approved vessel management plans—reviewed by recognised organisations and accepted by AMSA—that can replace usual maritime rules while keeping safety oversight. It also clarifies who pays for collisions (fault-based or joint-and-several liability) and brings International Salvage Convention rules into Australian law for rewards to rescuers. It affects ABF, AMSA, recognised organisations, ship owners, insurers, and people hurt in maritime incidents."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument replaces the Navigation Regulation 2013 (Schedule 2 repeals the old Regulation) and carries over previously‑accepted ABF plans (s22). Its principal effect is procedural and clarificatory: it sets out a formalised chain (Comptroller‑General → recognised organisation review → AMSA acceptance), timing rules, amendment mechanics and reporting obligations. It also confirms domestic effect of selected Salvage Convention articles. These steps update and restate regulatory processes rather than substantially broadening the subject‑matter scope — the regulations continue to operate within the Navigation Act 2012 framework and do not add new substantive powers beyond procedural controls and domestic application of parts of the Salvage Convention (see regs 6, 21 and Schedule 2)."},"complexity_factors":["Multiple institutional actors and decision nodes: Comptroller‑General of Customs, recognised organisations, AMSA (regs 7–14)","Detailed mandatory content list for ABF vessel management plans with nested subitems (reg 7(2)(a)–(j))","Time limits and deemed acceptance rules (AMSA must decide within 28 days; amendment deemed accepted if AMSA silent) (regs 9(1), 14(2)–(3))","Conditional revocation mechanics: partial revocation when new plans accepted and interaction with overlapping coverages (reg 11)","Definition of \"significant change\" with multiple examples that determine whether an amendment triggers full review (reg 5)","Cross‑references to the Navigation Act 2012 (purpose provisions and chapters) and to external instruments (Marine Orders, Salvage Convention) introducing external legal content (regs 3, 5 note, 21)","Transitional carry‑over treatment for pre‑commencement plans including deemed commencement and expiry dates (reg 22)","Salvage Convention incorporation limited to selected articles plus a 'common understanding' text (reg 21 and Schedule 1) — requires check of international text vs domestic application"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Establishes a formal process for Australian Border Force (ABF) vessels and persons working for ABF to use an \"ABF vessel management plan\" as a lawful way to deal with requirements in Chapters 2, 3 or 6 of the Navigation Act 2012 (see section 6).\n- Gives the Comptroller‑General of Customs the power to submit an ABF vessel management plan to a recognised organisation (RO) for technical review (s7(1)–(5)). The RO may declare that the plan adequately assesses risks and that any alternative requirements proposed will mitigate those risks (s7(5)).\n- Requires the Comptroller‑General to apply to the Australian Maritime Safety Authority (AMSA) for formal acceptance after a positive RO declaration (s8). If the application meets the formal requirements, AMSA must accept the plan within 28 days (s9(1)). AMSA may set the start and end dates for acceptance but acceptance cannot run for more than 5 years (s9(2), (5)).\n- Provides a process for amending an accepted plan where the RO first checks whether the amendment is or is not a \"significant change\"; if not significant, AMSA must accept the amendment (s12–14). Silence by AMSA for 28 days results in deemed acceptance of the amendment (s14(3)). Acceptance of an amendment does not extend the original acceptance period (s14(5)).\n- Allows the Comptroller‑General to end an acceptance by notice (s10). If AMSA accepts a new plan covering the same vessel/person, AMSA may partially revoke the acceptance of the earlier plan (s11).\n- Obligates recognised organisations to notify AMSA as soon as practicable if they become aware of non‑compliance with an accepted plan and to provide relevant documents (s16).\n- Sets rules on civil liability between vessels: joint and several liability when personal injury or death is caused by the fault of two vessels (s18); apportionment of liability according to degree of fault or equally if fault cannot be separated (s19); and a right of contribution where one owner pays more than its share (s20).\n- Gives force of law in Australia to specific articles of the 1989 International Salvage Convention (selected Articles listed in s21) and records a \"common understanding\" about how rewards and special compensation under Articles 13 and 14 should be approached (Schedule 1).\n- Carries over previously accepted ABF vessel management plans from the repealed Navigation Regulation 2013 so they continue in force and are treated as if accepted under this instrument (transitional provision s22). The Regulation takes effect 1 October 2023 (reg 2).\n\n**Who it affects**\n\n- Australian Border Force (ABF) and the Comptroller‑General of Customs: responsible for preparing and managing ABF vessel management plans and for nominating contact persons, proposing acceptance dates and ending acceptance (s7–11).\n- Recognised organisations (ROs): perform technical review of plans and amendments, declare whether risks are adequately assessed and must report non‑compliance to AMSA (s7, s12, s16).\n- Australian Maritime Safety Authority (AMSA): must accept compliant plans within 28 days, can set acceptance dates (s9), can partially revoke previous acceptances when new ones are accepted (s11), and decides on amendment acceptance (s14).\n- Vessel owners/operators, salvors, insurers and persons working on ABF vessels: impacted by the existence and content of ABF plans (which may specify alternative compliance measures), by the changes to liability allocation between vessels (s18–20), and by the incorporation of parts of the Salvage Convention (s21 and Schedule 1).\n\n**Why this matters (claimed purpose and practical implications)**\n\n- The stated purpose is to set out how ABF vessel management plans are prepared, reviewed and accepted for the purpose of compliance flexibility under the Act (s6). The immediatemechanism is to permit ABF vessels or persons to deviate from particular Act requirements if an accepted plan demonstrates alternative measures that mitigate risk (see mandatory plan content at s7(2)(d)–(f)).\n\n- Practical implications and trade‑offs:\n  - Compliance burden and who pays: ABF must prepare detailed plans and supporting material (s7(2), s8(2)). The Comptroller‑General will typically engage a recognised organisation to conduct technical review; that review function (s7) imposes work — and likely costs — on ROs and on the ABF to supply documentation. The text requires named contact persons and reporting arrangements (s8(2)(c)).\n  - Delegation of technical assessment: the regulations formally embed ROs in the approval chain (s7, s12). That delegates technical evaluation to external bodies (ROs), shifting technical responsibility and associated costs to those bodies or to ABF (depending on contracting), and places reliance on the RO's judgment in the AMSA acceptance decision.\n  - Speed and administrative certainty: AMSA has a 28‑day mandatory decision period for acceptance of plans and amendments (s9(1), s14(2)). If AMSA is silent on an amendment within 28 days it is taken to be accepted (s14(3)), which limits delays but creates a deemed‑acceptance mechanism that can have legal consequences if AMSA later disagrees.\n  - Risk and liability allocation: accepted plans may allow non‑compliance with some Act provisions provided alternative requirements and risk mitigation are documented (s7(2)(f)). That creates a mechanism to trade regulatory prescriptive rules for documented mitigations — which can lower operational friction for ABF but may shift residual risk to other parties (e.g., other vessels, insurers). The liability rules in Part 3 (s18–20) clarify owners’ exposures where fault is shared and set contribution rights, which affects commercial risk sharing and insurance arrangements.\n  - Salvage law certainty: giving selected Salvage Convention articles force of law (s21) and stating the common understanding about Articles 13 and 14 (Schedule 1) changes how salvage rewards and special compensation will be assessed domestically. This affects salvors’ potential compensation and owners’ exposure to salvage claims.\n\n**Implementation risks and operational points**\n\n- AMSA retains the final acceptance decision and can set or vary acceptance windows (s9). AMSA also can partially revoke prior acceptances if a new plan is accepted (s11), which introduces administrative complexity where multiple overlapping plans may cover different vessels or classes.\n- The regulations require ROs to notify AMSA as soon as practicable about non‑compliance (s16). This creates a reporting obligation that could trigger AMSA follow‑up action and operational disruptions.\n- The definition of \"significant change\" (reg 5) affects when a full new review and acceptance process is required. That definition includes both physical vessel changes and operational changes (e.g. different activities) and therefore shapes how often plans need major reassessment.\n\n**Net effect on private actors and markets**\n\n- Direct effects are concentrated on ABF (plan preparation) and ROs (review duties). Secondary but real effects fall on insurers, commercial vessel owners and salvors via clarified liability rules (s18–20) and the domestic application of parts of the Salvage Convention (s21 and Schedule 1). The regulation creates a structured, time‑bounded approval pathway for ABF to operate with alternatives to certain statutory requirements subject to risk assessment and oversight.\n\n(References: definitions and \"significant change\"—reg 5; plan content, review and RO declaration—reg 7; application to AMSA and required contents—reg 8; AMSA acceptance and timing—reg 9; ending/revoking acceptance—regs 10–11; amendment process—regs 12–14; reporting of non‑compliance—reg 16; liability rules—regs 18–20; Salvage Convention—reg 21; transitional—reg 22.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/navigation-regulations-2023","history":"/api/acts/navigation-regulations-2023/history","analysis":"/api/acts/navigation-regulations-2023/analysis","conflicts":"/api/acts/navigation-regulations-2023/conflicts","importantCases":"/api/acts/navigation-regulations-2023/important-cases","documents":"/api/acts/navigation-regulations-2023/documents"}}