Part 1
Preliminary
Part 1—Preliminary
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Victoria act
**What this Act does (mechanics first)
Applies the Commonwealth’s Marine Safety (Domestic Commercial Vessel) National Law to Victoria as if that Commonwealth law were a Victorian law (s 4). In practice Victoria adopts the Commonwealth scheme for regulation of domestic commercial vessels (definitions and subordinate instruments included) and makes it enforceable in Victoria.
Treats breaches of the applied law as if they were offences against Commonwealth law for many procedural purposes (Part 4: ss 8–11). That means criminal procedure, arrest, evidence, appeals and related matters operate according to the Commonwealth framework as applied to the offences in the national law.
Applies certain Commonwealth administrative laws (freedom of information, privacy, Ombudsman and the Administrative Review Tribunal Act as amended) to matters arising under the applied provisions (s 12), while preserving some Victorian law where expressly saved (s 4(3), s 12(3)).
Confers on the National Regulator (the National Marine Safety Regulator — AMSA) the same functions and powers in Victoria under the applied provisions as it has under the Commonwealth law, and accepts delegations and sub‑delegations so that Victorian officials can exercise those powers as delegates of the Commonwealth (ss 6–7, 20, 11 in the Commonwealth National Law schedule).
Prescribes how fees, fines and infringement payments are handled between the Commonwealth and Victoria: most fines/fees go to the Commonwealth (s 16), but fees for work done by Victorian officers acting as Commonwealth delegates may be payable to Victoria (s 14) and a Schedule sets interim fees until regulations are made (Schedule, s 2–15). Infringement notice payments follow the national arrangements (s 15).
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Direct links to the current provisions in Marine (Domestic Commercial Vessel National Law Application) Act 2013.
Part 1—Preliminary
1 Purpose
(1) The purpose of this Act is to adopt in Victoria a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).
(2) Accordingly, this Act—
(a) applies the Commonwealth domestic commercial vessel national law as a law of Victoria; and
(b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of Victoria to be administered on a uniform basis by the Commonwealth (and by Victorian officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.
Note
A number of aspects of the regulation of domestic commercial vessels are dealt with under the Marine Safety Act 2010 and the Marine (Drug, Alcohol and Pollution Control) Act 1988 and other Victorian Acts. These include matters relating to pilotage, harbour masters, the management of waterways and control of the use of alcohol and other drugs by masters and crew of domestic commercial vessels.
This Act comes into operation on a day to be proclaimed.
3 Definitions
(1) In this Act—
applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of Victoria because of section 4;
S. 3(1) def. of Common-wealth administrative laws amended by No. 41/2025 s. 3(Sch. 1 item 22.1).
Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments—
(a) the Administrative Review Tribunal Act 2024 (excluding Part 7);
(b) the Freedom of Information Act 1982;
(c) the Ombudsman Act 1976;
(d) the Privacy Act 1988;
(e) the regulations and other legislative instruments in force under any of those Acts;
Commonwealth domestic commercial vessel national law means the following Commonwealth Acts, regulations or other legislative instruments—
(a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012);
(b) the regulations and other legislative instruments in force under that Law;
(c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.
(2) Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.
(3) In this Act, a reference to a Commonwealth Act includes a reference to—
(a) that Commonwealth Act, as amended and in force for the time being; and
(b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.
Part 2—The applied provisions
4 Application of Commonwealth laws as laws of Victoria
(1) The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of Victoria.
(2) The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which Victoria may make laws—
(a) whether or not the Commonwealth may make laws in relation to those matters; and
(b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.
(3) Subsection (2) does not operate to exclude a law of Victoria relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.
(4) The regulations made under this Act may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—
(a) made by a law of the Commonwealth; and
(b) specified in the regulations made under this Act—
had not taken effect.
5 Interpretation of Commonwealth domestic commercial vessel national law
(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of Victoria in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act, as the case requires.
(2) The Interpretation of Legislation Act 1984 does not apply to the applied provisions.
Part 3—Functions and powers under applied provisions
6 Functions and powers of National Regulator and other authorities and officers
The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.
7 Delegations by the National Regulator
Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
Part 4—Offences
8 Object of this Part
(1) The object of this Part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be treated as mentioned in subsection (1) are—
(a) the investigation and prosecution of offences; and
(b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and
(c) proceedings relating to a matter referred to in paragraph (a) or (b); and
(d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and
(e) the sentencing, punishment and release of persons convicted of offences; and
(f) fines, penalties and forfeitures; and
(g) infringement notices in connection with offences; and
(h) liability to make reparation in connection with offences; and
(i) proceeds of crime; and
(j) spent convictions.
(3) For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed.
9 Application of Commonwealth criminal laws to offences against applied provisions
(1) The relevant Commonwealth laws apply as laws of Victoria in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of Victoria.
(2) For the purposes of a law of Victoria, an offence against the applied provisions—
(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and
(b) is taken not to be an offence against the laws of Victoria.
(3) Subsection (2) has effect for the purposes of a law of Victoria except as provided by the regulations made under this Act.
(4) In this section—
relevant Commonwealth law means a law relating to a purpose set out in section 8(2).
10 Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1) A Commonwealth law applying because of section 9 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.
11 No double jeopardy for offences against applied provisions
If—
(a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and
(b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law—
the offender is not liable to be punished for the offence under the applied provisions.
Part 5—Administrative laws
12 Application of Commonwealth administrative laws to applied provisions
(1) The Commonwealth administrative laws apply as laws of Victoria to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of Victoria.
(2) For the purposes of a law of Victoria, a matter arising in relation to the applied provisions—
(a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and
(b) is taken not to be a matter arising in relation to laws of Victoria.
(3) Subsection (2) has effect for the purposes of a law of Victoria except as provided by Part 7 and the regulations made under this Act.
(4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.
S. 12(5) amended by No. 41/2025 s. 3(Sch. 1 item 22.2).
(5) For the purposes of this section, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.
13 Functions and powers conferred on Commonwealth officers and authorities
(1) A Commonwealth administrative law applying because of section 12 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.
(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.
Part 6—Fees and fines
14 Fees payable to officers or employees of Victoria acting as delegates
(1) Regulations may be made under this Act for or with respect to fees payable to Victoria in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of, or engaged by, Victoria or an agency of Victoria.
(2) Without limiting subsection (1), until regulations are made under that subsection, the fees payable in the circumstances described in subsection (1) are the fees specified in the Schedule.
15 Infringement notice fines
(1) Any amount paid to Victoria by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable into the Consolidated Fund.
(2) Any amount payable by Victoria under section 10(2) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable out of the Consolidated Fund.
16 Fines, fees etc not otherwise payable to Victoria
(1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.
(2) Subsection (1) does not apply to any fees referred to in section 14.
Part 7—Application of Charter Act
17 Charter of Human Rights and Responsibilities Act 2006
(1) Without limiting section 4 of the Charter of Human Rights and Responsibilities Act 2006, the following persons are public authorities for the purposes of that Act when exercising powers or functions delegated under the applied provisions or the Commonwealth domestic commercial vessel national law, or powers delegated under the Australian Maritime Safety Authority Act 1990 of the Commonwealth—
S. 17(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 5.1).
(a) the Chief Executive of Safe Transport Victoria appointed under section 115H of the Transport Integration Act 2010;
(b) a transport safety officer within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 who is a public official within the meaning of the Public Administration Act 2004;
(c) a person employed under Part 3 of the Public Administration Act 2004.
(2) Without limiting section 4 of the Charter of Human Rights and Responsibilities Act 2006, a public official within the meaning of the Public Administration Act 2004 who is appointed as a marine safety inspector under the applied provisions or the Commonwealth domestic commercial vessel national law is a public authority for the purposes of the Charter of Human Rights and Responsibilities Act 2006 when exercising functions and powers under the applied provisions or the Commonwealth domestic commercial vessel national law.
Part 8—Miscellaneous
18 Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.
19 Reference in Commonwealth law to a provision of another law
For the purposes of sections 8 and 12, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.
20 Authority to accept delegation of functions
(1) The following persons or classes of persons are authorised to be delegates for the purposes of the Marine Safety (Domestic Commercial Vessel) National Law—
S. 20(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 5.2(a)).
(a) the Chief Executive of Safe Transport Victoria appointed under section 115H of the Transport Integration Act 2010, if authorised by the Minister;
(b) a transport safety officer within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, if the officer is—
(i) an officer of an agency of the State within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law; and
S. 20(1)(b)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 5.2(b)).
(ii) authorised by Safe Transport Victoria (within the meaning of section 3 of the Transport Integration Act 2010);
S. 20(1)(c) amended by No. 34/2023 s. 127(Sch. 1 item 5.2(c)).
(c) a person employed under Part 3 of the Public Administration Act 2004 to enable Safe Transport Victoria to carry out its functions, if authorised by Safe Transport Victoria.
S. 20(2) amended by No. 34/2023 s. 127(Sch. 1 item 5.2(d)).
(2) The Minister must not authorise the Chief Executive of Safe Transport Victoria to act as a delegate under subsection (1)(a) unless the Minister is satisfied that there are sufficient arrangements in place and resources available to enable the Chief Executive of Safe Transport Victoria to carry out the delegated functions.
S. 20(3) amended by No. 34/2023 s. 127(Sch. 1 item 5.2(e)).
(3) An authorisation by Safe Transport Victoria under subsection (1)(b) or (c) may be made—
(a) in relation to a person or class of persons specified in the instrument; or
(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument.
21 Victorian regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing forms (including the information to be included in forms); and
(b) fees for the purposes of section 14, including the following—
(i) the payment of fees either generally or under specified conditions or in specified circumstances;
(ii) late payment fees;
(iii) the reduction, waiver or refund, in whole or in part, of fees;
(iv) the matters to be included in forms relating to fees; and
S. 21(1)(ba) inserted by No. 34/2023 s. 32.
(ba) prescribing matters that are designated or otherwise specified for the purposes of Part B of the National Standard for Commercial Vessels; and
Note
See section 3(2). The term National Standard for Commercial Vessels is defined under the Commonwealth domestic commercial vessel national law. See also section 164 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
(c) generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act or the applied provisions.
(2) A power conferred by this Act to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b) so as to make, as respects the cases in relation which the power is exercised—
(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or provisions for the same case or class of case for different purposes; or
(ii) any such provision either unconditionally or subject to any specified condition.
(3) The regulations may—
(a) be of general or limited application; and
(b) differ according to differences in time, place or circumstances; and
(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and
(d) provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.
(4) A reduction, waiver or refund, in whole or in part, of a fee, under a regulation under subsection (1)(b) may be expressed to apply either generally or specifically—
(a) in respect of certain matters or transactions or classes of matters or transactions;
(b) in respect of certain documents or classes of documents;
(c) when an event happens;
(d) in respect of certain persons or classes of persons;
(e) in respect of any combination of such matters, transactions, documents, events or persons—
and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.
Part 9—Transitional provisions
S. 22 repealed by No. 36/2013 s. 22(5).
Pt 10 (Heading and ss 23–80) repealed by No. 36/2013 s. 80.
Pt 11 (Heading and ss 81–99) repealed by No. 36/2013 s. 99.
Schedule
Schedule of fees
1 Definitions
(1) In this Schedule—
certificate of competency has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;
certificate of survey has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;
National Regulator means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law.
(2) In this Schedule, Class and Class 1 vessel have the same meanings respectively as they have in the Marine Safety Regulations 2012 as in force before the commencement of this Act as if a reference in those definitions to a commercially operated vessel were a reference to a domestic commercial vessel.
2 Application fee for certificate of survey
The fee to be paid for an application for a certificate of survey is 1⋅54 fee units.
3 Fee for survey of new domestic commercial vessel
(1) The fee to be paid for the survey of the design phase of a new domestic commercial vessel of a size specified in Column 2 of the following Table is the amount calculated by multiplying the length of the vessel in metres by the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel.
| Column 1<br>Item | Column 2<br>Size of vessel | Column 3<br>For all Class 1 vessels fee per metre of the length of vessel | Column 4<br>For all other Classes of vessels fee per metre of the length of vessel | | 1 | For new vessels of or not exceeding 7·5 metres in length | 3⋅14 fee units | 3⋅14 fee units | | 2 | For new vessels exceeding 7·5 metres in length and less than 20 metres in length | 5⋅05 fee units | 4⋅4 fee units | | 3 | For new vessels of or exceeding 20 metres in length | 6⋅64 fee units | 5⋅65 fee units |
(2) The fee to be paid for the survey of the construction and commissioning phases of a new domestic commercial vessel of a size specified in Column 2 of the following Table is the amount calculated by multiplying the length of the vessel in metres by the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel.
| Column 1<br>Item | Column 2<br>Size of vessel | Column 3<br>For all Class 1 vessels fee per metre of the length of vessel | Column 4<br>For all other Classes of vessels fee per metre of the length of vessel | | 1 | For new vessels of or not exceeding 7·5 metres in length | 5⋅65 fee units | 5⋅65 fee units | | 2 | For new vessels exceeding 7·5 metres in length and less than 20 metres in length | 5⋅05 fee units | 4⋅4 fee units | | 3 | For new vessels of or exceeding 20 metres in length | 4⋅4 fee units | 3⋅14 fee units |
4 Fee for booking a survey for existing domestic commercial vessel
The fee to be paid at the time of booking a survey for an existing domestic commercial vessel is 8⋅4 fee units.
5 Fee for survey of existing domestic commercial vessel
The fee to be paid for the survey of an existing domestic commercial vessel of a size specified in Column 2 of the following Table is the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel.
| Column 1<br>Item | Column 2<br>Size of vessel | Column 3<br>Class 1 vessels | Column 4<br>All other Classes | | 1 | For vessels of or not exceeding 5 metres in length | 8⋅85 fee units | 5⋅85 fee units | | 2 | For vessels exceeding 5 metres in length or of or not exceeding 10 metres in length | 19 fee units | 12⋅65 fee units | | 3 | For vessels exceeding 10 metres in length or of or not exceeding 20 metres in length | 25⋅3 fee units | 16⋅9 fee units | | 4 | For vessels exceeding 20 metres in length or of or not exceeding 35 metres in length | 38 fee units | 25⋅3 fee units | | 5 | For vessels exceeding 35 metres in length | 57 fee units | 38 fee units |
6 Fee for additional visit for an existing vessel survey
The fee to be paid for each additional visit by a surveyor authorised by the National Regulator that is required for the purposes of an existing domestic commercial vessel survey is 8⋅4 fee units.
7 Fee for considering application for variation of conditions of a safe construction certificate
The fee to be paid for an application to vary the conditions of the safe construction certificate for a domestic commercial vessel or a fleet of domestic commercial vessels is 2⋅1 fee units.
8 Fee for survey for alteration to service category of vessel
(1) The fee to be paid for each hour spent by a person authorised by the National Regulator conducting a survey of the design phase of an alteration to the service category of a domestic commercial vessel is 6⋅3 fee units.
(2) The fee to be paid for each inspection of a domestic commercial vessel for the purposes of a survey of the construction and commissioning phases of an alteration to the service category of the vessel is 8⋅4 fee units.
9 Fee for issue or renewal of safe construction certificate
The fee to be paid for the issue or renewal of a safe construction certificate for a domestic commercial vessel is 4⋅6 fee units.
10 Fee for issue of duplicate safe construction certificate
The fee to be paid for the issue of a duplicate safe construction certificate for a domestic commercial vessel is 4⋅6 fee units.
11 Application fee for issue, variation or renewal of certificate of competency
The fee to be paid for an application for the issue, variation or renewal of a certificate of competency is 1⋅54 fee units.
12 Fee for issue or renewal of certificates
The fee to be paid for the issue or renewal of a certificate of competency is 4⋅6 fee units.
13 Fee for variation of certificates
The fee to be paid for the variation of a certificate of competency is 2⋅9 fee units.
14 Fee for issue of duplicate certificate
The fee to be paid for the issue of a duplicate certificate of competency is 4⋅6 fee units.
15 Examination fees for certificates
(1) The fee to be paid by a person who sits a written examination conducted by or on behalf of the National Regulator for the issue, variation or renewal of a certificate of competency is 3⋅34 fee units.
(2) The fee to be paid by a person who sits an oral examination conducted by the National Regulator for the issue, variation or renewal of a certificate of competency is 6⋅7 fee units.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 8 May 2013
Legislative Council: 30 May 2013
The long title for the Bill for this Act was "A Bill for an Act to adopt in Victoria a national approach to the regulation of marine safety in relation to domestic commercial vessels, to make consequential amendments to the Marine Safety Act 2010, to make consequential amendments to other Acts and for other purposes."
The Marine (Domestic Commercial Vessel National Law Application) Act 2013 was assented to on 18 June 2013 and came into operation on 1 July 2013: Special Gazette (No. 226) 25 June 2013 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Marine (Domestic Commercial Vessel National Law Application) Act 2013 by Acts and subordinate instruments.
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Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013
| Assent Date: | 18.6.13 | | Commencement Date: | Ss 22(5), 80, 99 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1 | | Note: | S. 80 repealed Pt 10 (ss 23–80) on 1.7.14; s. 99 repealed Pt 11 (ss 81–99) on 1.7.14; s. 22(5) repealed s. 22 on 31.12.17 | | Current State: | This information relates only to the provision/s amending the Marine (Domestic Commercial Vessel National Law Application) Act 2013 |
Transport Legislation Amendment Act 2023, No. 34/2023
| Assent Date: | 21.11.23 | | Commencement Date: | Ss 32, 127(Sch. 1 item 5) on 22.11.23: s. 2(1) | | Current State: | This information relates only to the provision/s amending the Marine (Domestic Commercial Vessel National Law Application) Act 2013 |
Statute Law Revision Act 2025, No. 41/2025
| Assent Date: | 21.10.25 | | Commencement Date: | S. 3(Sch. 1 item 22) on 22.10.25: s. 2 | | Current State: | This information relates only to the provision/s amending the Marine (Domestic Commercial Vessel National Law Application) Act 2013 |
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3 Explanatory details
No entries at date of publication.
ANNEXURES
Annexure 1
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth
Note
This Act will be amended by the Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012 of the Commonwealth and the Marine Safety (Domestic Commercial Vessel) National Law Amendments Act 2013 of the Commonwealth. See Annexure 2 and Annexure 3.
MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) NATIONAL LAW BILL 2012
The Marine Safety (Domestic Commercial Vessel) National Law Bill (the Bill) is a component of the national transport reform package, which is intended to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries. The maritime component of this reform package will be implemented through three key projects.
Firstly, national shipping reforms designed to ensure the long-term future of the Australian shipping industry through tax regulation and training. Secondly, the revision of the Navigation Act 1912 (to be replaced by the Navigation Act 2012) will modernise the regulatory framework and provide much-needed confidence and certainty for industry.
This Bill represents the third and final component of the maritime reform package. As a key component of the National System for commercial vessel safety that will commence on 1 January 2013, this Bill introduces a new National Law for the regulation of domestic commercial vessel safety and establishes a National Marine Safety Regulator (the National Regulator). The policy basis for the National Law derives from the Council of Australian Governments (COAG) Inter‑Governmental Agreement (IGA) on Commercial Vessel Safety Reforms, signed on 19 August 2011. The IGA also determined that the Australian Maritime Safety Authority (AMSA) will be the National Regulator.
There are currently eight different marine safety regulatory systems, involving the Commonwealth, the six States and the Northern Territory, that govern the operation of domestic commercial vessels in Australia. The overarching objective of the Bill is to provide for the consistent national regulation of the domestic commercial vessel industry across Australia.
This objective is to be achieved through a regulatory framework that:
(a) promotes continuous improvement in marine safety;
(b) promotes public confidence in the safety of marine operators;
(c) ensures effective identification and management of safety risks; and
(d) seeks to reduce regulatory burden without compromising safety.
Consistent with these objectives, the Bill:
(a) establishes the National Regulator for the purposes of performing functions and exercising powers under this Bill;
(b) establishes a system for the issue of national certificates in relation to:
i. vessel identification;
ii. vessel survey;
iii. the commercial operation of vessels; and
iv. seafarer competencies;
(c) establishes offences where a vessel identification or a certificate is required and not held or not complied with;
(d) establishes General Safety Obligations (GSOs) for individuals who have a role in the production and operation of commercial vessels, to ensure the safety of the vessel, their own safety and the safety of others, so far as is reasonable;
(e) establishes a system within which to conduct compliance and enforcement activities; and
(f) provides for the consistent application of nationally agreed standards across Australia.
The IGA provides that the Commonwealth will apply the National Law to the extent of the Commonwealth’s constitutional reach, and each jurisdiction will apply the National Law to any ‘gap’ in the Commonwealth’s constitutional reach. This approach achieves the consistency objective of the IGA.
Vessels which operate internationally, foreign vessels and vessels which maintain certification under the international convention for Safety of Life at Sea (SOLAS) will be regulated by the Commonwealth under the proposed Navigation Act 2012 and are outside with scope of the Bill. This approach will continue to be applied when the revised Act is introduced. Defence vessels and recreational vessels are also outside the application of the Bill. However, interstate vessels that are currently regulated under the Navigation Act 1912 will be covered under the National Law from its commencement.
State and Territory agencies will be responsible for the effective day-to-day operation of the National Law, under delegation from the National Regulator. The jurisdictions will retain responsibility for the regulation of waterways, the management of ports and associated issues, such as classifying waters, setting speed limits and the regulating alcohol consumption.
DEVELOPMENT OF THE BILL
This Bill has been developed with the State and Territory jurisdictions to implement the decision of COAG on 19 August 2011 to create a single National Law to regulate the safety of all commercial vessel operations in Australian waters and to establish a single National Regulator for commercial vessel safety from 1 January 2013.
Extensive consultation has been undertaken on the development of the Bill with the States and Territories, including through the Standing Council on Transport and Infrastructure (SCOTI), the Transport and Infrastructure Senior Officials Committee (TISOC), the Maritime Agencies Forum, the National Marine Safety Committee, seven workshops with jurisdiction officials and numerous discussions and correspondence with State and Territory agency contacts.
Public consultation has also informed the development of the Bill, including consultation on the Regulatory Plan from June to October 2011 (outlining the proposed elements of the Bill), a detailed discussion paper in mid-December 2011 (providing an overview of the Bill) and the draft Bill itself (released in February 2012). Comments and feedback from 19 formal public submissions that were received on the draft Bill have been considered and incorporated into the Bill as appropriate. A report detailing the responses to these submissions (including the changes made to the Bill as a result) was also released in May 2012.
Government agencies have also been consulted on the development of the Bill, including the Department of Prime Minister and Cabinet, the Attorney General’s Department, the Department of Education, Employment and Workplace Relations, SafeWork Australia, and the Australian Maritime Safety Authority.
The text of the Bill has been unanimously agreed by SCOTI at its meeting of 18 May 2012.
ABBREVIATIONS
AAT Administrative Appeals Tribunal
AMSA Australian Maritime Safety Authority
COAG Council of Australian Governments
Constitution Constitution of the Commonwealth of Australia
Criminal Code The Code established by the Criminal Code Act 1995
EEZ Australia’s Exclusive Economic Zone
EVU Enforceable Voluntary Undertaking
GSO General Safety Obligation
IGA The Inter-Governmental Agreement for Commercial Vessel Safety Reform signed on 19 August 2011
Inspector A Marine Safety Inspector appointed under Part 6 of the Bill
National Law Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 of the Bill
National Regulator The National Regulator established under Part 2 of the Bill
NMSC National Marine Safety Committee
NSCV National Standard for Commercial Vessels
OBPR Office of Best Practice Regulation
RIS Regulation Impact Statement
SCOTI Standing Council on Transport and Infrastructure
SOLAS International Convention for the Safety of Life at Sea
The Bill/this Bill Marine Safety (Domestic Commercial Vessel) National Law Bill 2012
The Act/this Act Marine Safety (Domestic Commercial Vessel) National Law Act 2012
TISOC Transport and Infrastructure Senior Officials Committee
USL Code Uniform Shipping Laws Code
WHS Act Work Health and Safety Act 2011
The COAG IGA underpinning the commercial vessel safety reform articulates the intentions of the jurisdictions in establishing the National Regulator arrangements. Jurisdictions have committed to achieving the objective of the reforms with minimum legal and administrative costs and no overall increase in regulatory burden as a result of commencement of the National System.
Full cost-recovery is a longer-term aspiration. States and Territories not fully recovering costs from industry will consider moving progressively to full cost recovery in the long-term. Any State or Territory-based subsidisation of operators will take into account implications for the National System.
At the commencement of the scheme, States and Territories will continue to adjust current cost recovery or fee charging arrangements at a rate of their own discretion. The Commonwealth has undertaken not to impose upon industry any new fees or charges for National System related purposes unless otherwise agreed by SCOTI. States and Territories have agreed to comply with Competitive Neutrality Policy and Principles outlined in the COAG Competition Principles Agreement in any instance when a fee for service is charged in competition with the private sector.
From the commencement of the National System, and until alternate arrangements have been agreed by SCOTI, all jurisdictions will contribute to the funding of the National Regulator. The first year of funding of AMSA’s costs of the National System have been set at $4 million (in June 2011 dollars). To facilitate the establishment of new service delivery arrangements, the Commonwealth will meet $1 million of the National Regulator’s costs for the first year of operation of the National System (2013). As arrangements are bedded down, jurisdictions will work to identify any efficiencies to be gained through the National System.
The funding contributions for AMSA’s costs as the National Regulator for year one (2013) will be:
a) National Marine Safety Committee (NMSC) funding (as per existing State and Territory contributions under the NMSC agreed funding formula) – $2,000,000
b) Commonwealth – $1,000,000
c) New South Wales – $288,800
d) Victoria – $238,800
e) Queensland – $238,800
f) Western Australia – $113,800
g) South Australia – $77,700
h) Tasmania – $30,500
i) Northern Territory – $11,100
j) Australian Capital Territory – $0
The funding formula for AMSA’s costs as the National Regulator (beyond 2013), until any alternate arrangements have been unanimously agreed by SCOTI, will be:
a) Commonwealth – 10%
b) New South Wales – 26%
c) Victoria – 21.5%
d) Queensland – 21.5%
e) Western Australia – 10.25%
f) South Australia – 7%
g) Tasmania – 2.75%
h) Northern Territory – 1%
i) Australian Capital Territory – 0%
These funding arrangements will be reviewed by SCOTI in the first half of 2016, or a later date agreed by SCOTI.
REGULATORY IMPACT STATEMENT
The commercial vessel safety national reform was first initiated in July 2009 when COAG decided to take a national approach to regulating the safety of all domestic commercial vessels in Australian waters by 2013. COAG’s decision reflects recommendations made by the Australian Transport Council (ATC).
ATC’s recommendations were informed by a Regulatory Impact Statement (RIS), which explored perceived problems with the current regulatory framework and considered alternate options for national reform of maritime safety regulation.
The RIS, which can be found at: http://www.infrastructure.gov.au/maritime/nmsr.aspx incorporated feedback provided in over 90 written submissions and 22 public meetings held around Australia.
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Bill engages the following human rights:
Right to privacy
Part 6 of the National Law Bill contains provisions on enforcement powers that enable Marine Safety Inspectors (inspectors) appointed by the National Regulator (the Australian Maritime Safety Authority) to detain, board, inspect and search domestic commercial vessels; and gather information and seize things in relation to domestic commercial vessel safety regulation and compliance.
The National Law Bill has been drafted consistently with the principles stipulated in The Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (the Guide) developed by the Criminal Justice Division of the Attorney‑General’s Department.
In addition, the National Law Bill provides for enforcement powers equivalent to those provided in current Commonwealth legislation including:
⦁ Work Health and Safety Act 2011, Section 163 – Powers of entry;
⦁ Crimes Act 1913, Section 3T – Searches without warrant in emergency situations;
⦁ Quarantine Act 1908, Section 66AB – The monitoring of premises; and,
⦁ Customs Act 1901, Section 185 – Power to board and search etc. ships and aircraft.
Section 8.6 of the Guide (Entry and Search Without a Warrant) states that “a search without a warrant will only be permitted where the inherent mobility of the conveyance means there may not be time, or it would be impractical, to obtain a warrant”.
Domestic commercial vessels are inherently mobile. The nature of the commercial activities undertaken by these vessels often means that they do not follow any predictable pattern or timetable. This means that monitoring and compliance activities need to be undertaken as and when an opportunity presents, frequently while the vessel is at sea. The vessels may also be operating in geographically remote areas, a great distance from port and with limited or no mobile telephone access. In these circumstances, obtaining a warrant is impractical and may limit the regulator’s capacity to undertake their safety regulatory role in a responsive manner. For this reason, the enforcement powers are appropriate and proportionate for the task.
The guide at 8.6 (exception for licensed premises) sets out that “a person who obtains a licence or registration for non-residential premises can be taken to accept entry to those premises by an inspector for the purpose of ensuring compliance with the licensing or registration conditions”. The Senate Scrutiny of Bills Committee has said that these powers can be conferred “where a person has accepted a commercial benefit subject to being monitored by this means”.
The safety regulation of domestic commercial vessel activity is not new and regulation has occurred under State and Territory legislation for some time. Owners and masters of domestic commercial vessels are aware that the safety requirements pertaining to domestic commercial vessels are subject to regulatory oversight, and by applying for the unique identifier and certificates that allow them to operate as a commercial vessel they are implicitly accepting that their compliance with the regulatory requirements will be monitored.
Generally, inspectors will be required to seek the express and informed consent of the relevant person or obtain a warrant prior to entering a premise. However, an inspector may enter a premise that is not a residential premise without consent or warrant in order to gain access to the domestic commercial vessel (see clause 96). An inspector may also board a domestic commercial vessel without warrant or consent to monitor compliance, or to issue an improvement, infringement or other notice.
Inspectors, when undertaking monitoring activities, routinely wear uniforms. However, an inspector must, in order to exercise their powers lawfully under clauses 96 and 97, also show his or her identity card if requested to do so. Similarly, a police officer who is appointed as an inspector, but who is not wearing a uniform, must show his or her police identification if requested to do so.
If, in the course of undertaking monitoring activities in relation to a domestic commercial vessel, an inspector believes that something is evidential material and that there is a serious or urgent need to exercise powers to preserve the evidential material, or it is otherwise impracticable to obtain a warrant, then clause 100 allows an inspector to take a sample of the material, secure the material for up to 72 hours or seize the material.
These powers are limited to use in relation to a vessel, which because of its inherent mobility, may make obtaining a warrant impractical (for example, if the vessel is in a remote area with no mobile telephone reception) or may require that action is taken immediately to ensure that evidential material is not lost or compromised. The 72 hour statutory time limit to secure a thing, balances the possibility that the safety operation may be a significant distance from the nearest port, whilst ensuring that a person’s property is not inappropriately retained.
To ensure that the National Regulator can monitor the use of this power and the circumstances in which it is used, an inspector who exercises these powers will be required to report to the National Regulator on the exercise of the powers and the grounds for his or her belief that these powers needed to be exercised without warrant.
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 005
Marine (Domestic Commercial Vessel National Law Application) Act 2013
No. 36 of 2013
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
Part 2—The applied provisions 4
4 Application of Commonwealth laws as laws of Victoria 4
5 Interpretation of Commonwealth domestic commercial vessel national law 4
Part 3—Functions and powers under applied provisions 6
6 Functions and powers of National Regulator and other authorities and officers 6
7 Delegations by the National Regulator 6
Part 4—Offences 7
8 Object of this Part 7
9 Application of Commonwealth criminal laws to offences against applied provisions 8
10 Functions and powers conferred on Commonwealth officers and authorities relating to offences 8
11 No double jeopardy for offences against applied provisions 9
Part 5—Administrative laws 10
12 Application of Commonwealth administrative laws to applied provisions 10
13 Functions and powers conferred on Commonwealth officers and authorities 11
Part 6—Fees and fines 12
14 Fees payable to officers or employees of Victoria acting as delegates 12
15 Infringement notice fines 12
16 Fines, fees etc not otherwise payable to Victoria 12
Part 7—Application of Charter Act 14
17 Charter of Human Rights and Responsibilities Act 2006 14
Part 8—Miscellaneous 15
18 Things done for multiple purposes 15
19 Reference in Commonwealth law to a provision of another law 15
20 Authority to accept delegation of functions 15
21 Victorian regulations 16
Part 9—Transitional provisions 19
Schedule 20
═══════════════
Endnotes 26
1 General information 26
2 Table of Amendments 28
3 Explanatory details 29
Annexure 1 30
Makes Victorian officials who act under the applied law public authorities under the Victorian Charter of Human Rights when they exercise those delegated powers (s 17).
Preserves Victorian marine and waterways laws that are outside, or expressly excluded from, the National Law (s 4(3); note and cross‑references to Marine Safety Act 2010 and other Acts). The regulations under this Act and the national law settle the detailed technical standards (ss 21, s 159 of the National Law schedule).
Who it affects
Why it matters (stated purpose and what that implies in practice)
The Act’s stated purpose is to deliver a single, nationally consistent regulatory regime for the safety of domestic commercial vessels in Victoria by applying the Commonwealth National Law and allowing the Commonwealth (via AMSA) to administer it uniformly, with Victorian staff acting as delegates where appropriate (s 1). That is the policy claim: national uniformity of standards and enforcement.
Practical implication: Victoria delegates operational delivery (surveys, certificates, inspections, enforcement) to state staff but regulatory authority sits with the National Regulator. Technical standards, certification types, enforcement powers and penalty regimes are set by the national law and its regulations and Marine Orders (National Law sch.1, Part 4, Divisions 2–4; ss 159, 163).
Testing the stated purpose against costs, incentives and trade‑offs
Implementation and coordination cost: the model shifts substantive rule‑making and enforcement design to the national layer (AMSA and national regulations/Marine Orders) while relying on Victorian staff to deliver services. That reduces duplicative law‑making across jurisdictions but requires Victoria to maintain capable delegation arrangements and coordination (ss 6–7, 11, 20). The Minister must be satisfied delegation resources are available before authorising the Chief Executive of Safe Transport Victoria to act as a delegate (s 20(2)).
Compliance cost for industry: operators face the national set of certification, survey and reporting obligations (National Law, Parts 4–5). The Schedule and s 14–16 fix fees and payment flows; until Victoria makes separate regulations the Schedule provides interim fees (Schedule s 2–15). Compliance costs are concentrated on vessel owners/operators (certificates, surveys, crew competency, reporting), while regulatory administration costs are borne by the National Regulator and, in practice, by the States under COAG funding arrangements (explanatory materials reproduced in the Annexures).
Incentives and substitution effects: because certificates, unique identifiers and operation classes determine lawful activity, operators may change vessel use, operating areas or engagement models (for example to stay below thresholds requiring survey or different certificate classes). The Act’s broad power to define vessel classes and to regulate technical standards by regulation or Marine Order (s 21(1)(ba); National Law ss 159, 163) is the mechanism that creates those incentives.
Bureaucratic discretion and compliance burden: the National Regulator and its delegates have wide powers (delegation, accreditation, inspection and sanction powers under the National Law schedule — e.g. appointment of inspectors, entry, seizure, detention, issuing improvement/prohibition notices, infringement notices). That creates entrenched administrative discretion in how standards are applied, enforced and how exemptions are granted (s 143), which shifts implementation detail away from primary legislation into regulations, Marine Orders and instruments of delegation (ss 11, 72, 159, 163).
Opportunity costs and redistribution: the Act centralises standard‑setting (AMSA) and leaves frontline delivery to Victoria; part of the funding and fee arrangements (Annexure and explanatory materials) envisages contributions by states and the Commonwealth. That means some costs borne previously by multiple state schemes become pooled, but industry still pays fees and may face transitional friction in converting older state certificates into national certificates (s 165—transitional powers).
Enforcement intensity and business effects: the national law contains strict liability offences and higher penalties for some breaches (National Law schedule; see s 13–26 in Part 3 and penalty regimes in Consequential Amendments). Inspectors have broad powers to board, question, sample, seize and detain vessels in urgent circumstances (National Law schedule—Part 6, Divisions 2–3). The mechanism provides strong compliance tools, which increases enforcement risk (operationally and reputationally) for operators and accredited persons.
Administrative safeguards and review: affected persons have internal review rights and AAT review for certain decisions (National Law sch.1, Div 1 of Part 8 — ss 139–141). The Act also subjects delegates exercising powers to the Victorian Charter obligations when acting under the law (s 17).
Concentrated benefits, diffuse costs, capture risk and substitution effects (mechanisms, not labels)
Concentrated benefits: state maritime agencies (and AMSA) receive clearer roles, and some service providers (accredited surveyors, trainers) may gain predictable national accreditation opportunities (s 160). Fees paid to delegates performing services can be retained by Victoria (s 14) so state agencies recover delivery costs.
Diffuse costs: small operators and owners may bear many low‑value compliance costs (certificates, compulsory surveys for certain vessel classes), and a national penalty framework may raise financial risk exposure for duty holders (National Law offence provisions and the amendments aligning general safety duties with WHS penalties in the Commonwealth schedule).
Capture and rent‑seeking risk: the design relies heavily on delegated rule‑making (regulations, Marine Orders) and instruments of accreditation or exemption (s 143, ss 159–163). That creates potential for concentrated stakeholders to influence technical standards during the subordinate instrument drafting and consultation processes. The Act builds in consultation requirements (referenced in the explanatory materials) but leaves technical content to subordinate instruments.
Implementation risks
Heavy dependence on subordinate instruments: much of the technical coverage (which vessels need survey, competency standards, classes of vessels) is in regulations and Marine Orders (National Law ss 159, 163). That centralises technical rule‑making outside primary legislation and places emphasis on administrative capacity and inter‑jurisdictional coordination.
Transitional complexity: the Act and the National Law provide for transitional recognition of existing state certificates and identifiers (s 165 National Law) but conversion, fee harmonisation and operational processes require detailed administrative work and time.
Bottom line — who pays, who decides, what behaviour must change
Who pays: domestic commercial vessel owners and operators pay fees, surveys and may face fines or penalties for non‑compliance (Schedule; ss 14–16; National Law offences and penalty provisions). States contribute financially to AMSA’s role as National Regulator under intergovernmental funding arrangements (explained in the accompanying Commonwealth material).
Who decides: AMSA is the National Regulator and sets national standards and Marine Orders; the Governor in Council and the Commonwealth make regulations; Victoria may make regulations under this Act (s 21) to give effect locally. Day‑to‑day decisions are made by AMSA delegates (often state agency employees) under delegation instruments (ss 6–7, 11, 20).
Behaviour changes required: operators must obtain national unique identifiers, certificates of survey/operation and ensure crew competency as required by the national law; masters and crew must comply with general safety obligations and reporting duties; accredited persons must meet national accreditation standards and conditions.
Key provisions to look at (selected citations)
What the Act does not do
It does not replace all Victorian marine law: local laws about pilotage, port management, speed limits, alcohol rules and other matters listed in the National Law remain Victoria’s responsibility where excluded by the national scheme (see National Law sch.1, s 6 and the note in s 1 of this Act).
It does not by itself set the technical standards for surveys, construction or crew competencies — these are set by national regulations and Marine Orders (National Law ss 159, 163) and by the National Standard for Commercial Vessels (NSCV) where adopted.
Overall assessment (mechanical summary): Victoria adopts the Commonwealth National Law as a Victorian law, aligns administrative and criminal procedures to the Commonwealth framework for domestic commercial vessels, and establishes practical arrangements (delegations, interim fees, Charter obligations) for Victoria to administer the national system locally while AMSA remains the national standard setter and regulator.
Annexure 2 316
Annexure 3 350
Version No. 005
Marine (Domestic Commercial Vessel National Law Application) Act 2013
No. 36 of 2013
Version incorporating amendments as at
22 October 2025
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
(1) The purpose of this Act is to adopt in Victoria a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).
(2) Accordingly, this Act—
(a) applies the Commonwealth domestic commercial vessel national law as a law of Victoria; and
(b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of Victoria to be administered on a uniform basis by the Commonwealth (and by Victorian officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.
Note
A number of aspects of the regulation of domestic commercial vessels are dealt with under the Marine Safety Act 2010 and the Marine (Drug, Alcohol and Pollution Control) Act 1988 and other Victorian Acts. These include matters relating to pilotage, harbour masters, the management of waterways and control of the use of alcohol and other drugs by masters and crew of domestic commercial vessels.
2 Commencement
This Act comes into operation on a day to be proclaimed.
3 Definitions
(1) In this Act—
applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of Victoria because of section 4;
S. 3(1) def. of Common-wealth administrative laws amended by No. 41/2025 s. 3(Sch. 1 item 22.1).
Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments—
(a) the Administrative Review Tribunal Act 2024 (excluding Part 7);
(b) the Freedom of Information Act 1982;
(c) the Ombudsman Act 1976;
(d) the Privacy Act 1988;
(e) the regulations and other legislative instruments in force under any of those Acts;
Commonwealth domestic commercial vessel national law means the following Commonwealth Acts, regulations or other legislative instruments—
(a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012);
(b) the regulations and other legislative instruments in force under that Law;
(c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.
(2) Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law.
(3) In this Act, a reference to a Commonwealth Act includes a reference to—
(a) that Commonwealth Act, as amended and in force for the time being; and
(b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.
Part 2—The applied provisions
4 Application of Commonwealth laws as laws of Victoria
(1) The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of Victoria.
(2) The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which Victoria may make laws—
(a) whether or not the Commonwealth may make laws in relation to those matters; and
(b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.
(3) Subsection (2) does not operate to exclude a law of Victoria relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.
(4) The regulations made under this Act may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—
(a) made by a law of the Commonwealth; and
(b) specified in the regulations made under this Act—
had not taken effect.
5 Interpretation of Commonwealth domestic commercial vessel national law
(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of Victoria in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act, as the case requires.
(2) The Interpretation of Legislation Act 1984 does not apply to the applied provisions.
Part 3—Functions and powers under applied provisions
6 Functions and powers of National Regulator and other authorities and officers
The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.
7 Delegations by the National Regulator
Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
Part 4—Offences
8 Object of this Part
(1) The object of this Part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be treated as mentioned in subsection (1) are—
(a) the investigation and prosecution of offences; and
(b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and
(c) proceedings relating to a matter referred to in paragraph (a) or (b); and
(d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and
(e) the sentencing, punishment and release of persons convicted of offences; and
(f) fines, penalties and forfeitures; and
(g) infringement notices in connection with offences; and
(h) liability to make reparation in connection with offences; and
(i) proceeds of crime; and
(j) spent convictions.
(3) For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed.
9 Application of Commonwealth criminal laws to offences against applied provisions
(1) The relevant Commonwealth laws apply as laws of Victoria in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of Victoria.
(2) For the purposes of a law of Victoria, an offence against the applied provisions—
(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and
(b) is taken not to be an offence against the laws of Victoria.
(3) Subsection (2) has effect for the purposes of a law of Victoria except as provided by the regulations made under this Act.
(4) In this section—
relevant Commonwealth law means a law relating to a purpose set out in section 8(2).
10 Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1) A Commonwealth law applying because of section 9 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.
11 No double jeopardy for offences against applied provisions
If—
(a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and
(b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law—
the offender is not liable to be punished for the offence under the applied provisions.
Part 5—Administrative laws
12 Application of Commonwealth administrative laws to applied provisions
(1) The Commonwealth administrative laws apply as laws of Victoria to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of Victoria.
(2) For the purposes of a law of Victoria, a matter arising in relation to the applied provisions—
(a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and
(b) is taken not to be a matter arising in relation to laws of Victoria.
(3) Subsection (2) has effect for the purposes of a law of Victoria except as provided by Part 7 and the regulations made under this Act.
(4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.
S. 12(5) amended by No. 41/2025 s. 3(Sch. 1 item 22.2).
(5) For the purposes of this section, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.
13 Functions and powers conferred on Commonwealth officers and authorities
(1) A Commonwealth administrative law applying because of section 12 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.
(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.
Part 6—Fees and fines
14 Fees payable to officers or employees of Victoria acting as delegates
(1) Regulations may be made under this Act for or with respect to fees payable to Victoria in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of, or engaged by, Victoria or an agency of Victoria.
(2) Without limiting subsection (1), until regulations are made under that subsection, the fees payable in the circumstances described in subsection (1) are the fees specified in the Schedule.
15 Infringement notice fines
(1) Any amount paid to Victoria by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable into the Consolidated Fund.
(2) Any amount payable by Victoria under section 10(2) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable out of the Consolidated Fund.
16 Fines, fees etc not otherwise payable to Victoria
(1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.
(2) Subsection (1) does not apply to any fees referred to in section 14.
Part 7—Application of Charter Act
17 Charter of Human Rights and Responsibilities Act 2006
(1) Without limiting section 4 of the Charter of Human Rights and Responsibilities Act 2006, the following persons are public authorities for the purposes of that Act when exercising powers or functions delegated under the applied provisions or the Commonwealth domestic commercial vessel national law, or powers delegated under the Australian Maritime Safety Authority Act 1990 of the Commonwealth—
S. 17(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 5.1).
(a) the Chief Executive of Safe Transport Victoria appointed under section 115H of the Transport Integration Act 2010;
(b) a transport safety officer within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 who is a public official within the meaning of the Public Administration Act 2004;
(c) a person employed under Part 3 of the Public Administration Act 2004.
(2) Without limiting section 4 of the Charter of Human Rights and Responsibilities Act 2006, a public official within the meaning of the Public Administration Act 2004 who is appointed as a marine safety inspector under the applied provisions or the Commonwealth domestic commercial vessel national law is a public authority for the purposes of the Charter of Human Rights and Responsibilities Act 2006 when exercising functions and powers under the applied provisions or the Commonwealth domestic commercial vessel national law.
Part 8—Miscellaneous
18 Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel nati
This is an opening excerpt, not the complete document.