MARINE (GENERAL) REGULATIONS 2013 (Northern Territory)

These Regulations set detailed safety, equipment, operational and administrative rules for pleasure craft, recreational vessels and other vessels operating in Northern Territory waters under the Marine Act 1981. Mechanically, they:

Prescribe minimum safety equipment by water type (inland, intermediate, open) in Schedule 1 and make it an offence for an operator to be without serviceable required items (r 5(1)-(3), Sch 1). The Schedule lists specific items such as personal flotation devices, anchors and cables, flares, EPIRB (for open waters), compass/GPS and charts (Sch 1 Parts A-C).
Impose seaworthiness and re-boarding requirements on pleasure craft and make failure an offence (r 5A).
Create offences and duties specific to towed water sports, observers, personal water craft and small sailing vessels, including mandatory use of personal flotation devices, automatic engine cut-outs and observer requirements (rr 6-8, 8A).
Establish powers, appointment, identity card and protections for boating inspectors, including boarding and inspection powers and directions to operators (rr 9-12, r 10(1)-(3)).
Regulate navigation behaviour and safety matters such as reckless navigation, diving signals and watchkeeping, hire-and-drive age limits, anchoring prohibitions and low-speed restricted areas (rr 13-18).
Introduce a national-style Australian Builders Plate regime for recreational vessels (Part 3A, rr 18A-18H) that requires a builders plate and specifies who may approve information and offences for incorrect or unauthorised plates (rr 18D-18G).
Apply Uniform Shipping Laws Code navigation and safety provisions to vessels subject to the Act (r 21-22) and permit Ministerial determinations about packing, marking and carriage of dangerous goods as well as inspections and fees (rr 24-25).

NORTHERN TERRITORY OF AUSTRALIA MARINE (GENERAL) REGULATIONS 2013 As in force at 31 July 2024 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 3A Application of Criminal Code ........................................................... 4 Part 2 Pleasure craft Division 1 General 4 Definitions ........................................................................................ 4 5 Minimum safety equipment requirements for pleasure craft ............ 4 5A Seaworthiness requirements ........................................................... 6 5B Exception for Beer Can Regatta and other approved events........... 6 5C Exception for tenders and other vessels .......................................... 6 Division 2 Towed water sports and personal water craft 6 Towed water sports ......................................................................... 8 7 Towed water sports – observer requirement ................................... 8 8 Personal water craft ......................................................................... 9 Division 2A Requirements for small sailing vessels 8A Personal flotation device requirements for small sailing vessels........................................................................................... 11 Division 3 Boating inspectors and other matters 9 Appointment of boating inspectors ................................................ 12 10 Powers of boating inspectors......................................................... 12 11 Obstruction of boating inspector .................................................... 13 12 Protection from liability for boating inspectors ............................... 13 Part 3 Operation of vessels generally 13 Reckless navigation ....................................................................... 14 14 Diving offences .............................................................................. 14 15 Hire-and-drive vessels ................................................................... 15 16 Anchoring ...................................................................................... 16

Marine (General) Regulations 2013 ii 17 Closure of Northern Territory waters ............................................. 16 18 Restricted areas ............................................................................ 17 Part 3A Australian Builders Plate for recreational vessels 18A Definitions ...................................................................................... 18 18B Application of Part ......................................................................... 18 18C Variation of ABP Standard ............................................................. 21 18D Vessel for sale required to have builders plate .............................. 21 18E Persons authorised to approve information on builders plates ...... 22 18F Offences ........................................................................................ 22 18G Offence relating to approval of information on builders plate ......... 23 18H Builders plate not to be altered unless authorised ......................... 23 Part 4 Safety 19 Definitions ...................................................................................... 24 20 Application of Part ......................................................................... 25 21 Construction of Uniform Shipping Laws Code ............................... 25 22 Safety of navigation ....................................................................... 25 24 Packing, marking and carriage of dangerous goods...................... 25 25 Inspection of dangerous goods...................................................... 25 26 Stowage plan for dangerous goods ............................................... 26 27 Marking of mass on heavy packages ............................................ 26 Part 5 Infringement notice offences 28 Infringement notice offence and prescribed amount payable ........ 27 29 When infringement notice may be given ........................................ 27 30 Contents of infringement notice ..................................................... 27 31 Payment by cheque ....................................................................... 28 32 Withdrawal of infringement notice.................................................. 28 33 Application of Part ......................................................................... 29 Part 6 Transitional matters for Marine (General) Amendment Regulations 2015 34 Offence provisions – before and after commencement ................. 29 Part 7 Transitional matter for Marine (General) Amendment Regulations (No. 2) 2015 35 Exemption for certain imported vessels ......................................... 30

Marine (General) Regulations 2013 iii Part 8 Transitional matters for Transport Legislation Amendment Regulations 2024 36 Definitions ...................................................................................... 30 37 Sale of vessels with builders plates fixed in accordance with former ABP Standard .................................................................... 31 38 Builders plates fixed to vessels during transitional period ............. 31 Schedule 1 Minimum safety equipment requirements for pleasure craft Schedule 2 Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 31 July 2024

MARINE (GENERAL) REGULATIONS 2013 Regulations under the Marine Act 1981 Part 1 Preliminary 1 Citation These Regulations may be cited as the Marine (General) Regulations 2013. 2 Commencement These Regulations commence on the commencement of Part 9 of the Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013. 3 Definitions In these Regulations: ABP Standard, for Part 3A, see regulation 18A. anchor cable, for Schedule 1, means: (a) a short link chain cable to which an anchor is shackled; or (b) a rope to which at least 3 m of chain is shackled or spliced between that rope and an anchor. approved, means approved by the Director. boating inspector means a person appointed to be a boating inspector under regulation 9(1). builders plate, for Part 3A, see regulation 18A. infringement notice, see regulation 29. infringement notice offence, see regulation 28(1).

Part 1 Preliminary Marine (General) Regulations 2013 2 length, of a vessel, means the greatest distance between the foremost and aftermost parts of the vessel's hull measured in a straight line parallel to the waterline. Diagram depicting length of a vessel mother vessel, for Part 4, see regulation 19. operator, of a pleasure craft or vessel, means: (a) the master of the pleasure craft or vessel; or (b) if a boating inspector cannot readily ascertain who is the master of the pleasure craft or vessel – the person who, in the opinion of the boating inspector, appears to be in control of the pleasure craft or vessel. overseas voyage, for Part 4, see regulation 19. owner builder, for Part 3A, see regulation 18A. personal flotation device, for Part 2, see regulation 4. personal water craft, see regulation 4. prescribed amount, see regulation 28(2). registered EPIRB, for Schedule 1, means an emergency position indicating radio beacon that: (a) operates on the 406MHz frequency; and (b) is registered with the Australian Maritime Safety Authority. serviceable: (a) in relation to a pleasure craft – means the hull and all fittings of the pleasure craft are: (i) in sound condition; and (ii) ready for use at any time; and (b) in relation to an item of safety equipment – means: (i) in sound condition; and

Part 1 Preliminary Marine (General) Regulations 2013 3 (ii) ready and suitable for use at any time; and (iii) if the item, or a component of the item (for example, a battery), has an expiry date – that date has not passed. tender, to a pleasure craft (the principal pleasure craft), means a vessel that is smaller than the principal pleasure craft and which is used as an auxiliary to the principal pleasure craft for the following: (a) a means of transportation between the principal pleasure craft and the shore; (b) a means of transportation between vessels; (c) other functions of an auxiliary nature. towed behind, in relation to a person and a pleasure craft: (a) means being towed behind the pleasure craft in any of the following, or similar, manners: (i) on the surface of the water, such as waterskiing, wakeboarding or in or on an inflatable tube or toy; (ii) near the surface of the water, such as foilboarding; (iii) above the surface of the water, such as parasailing; but (b) except for regulation 7 – does not include being towed behind the pleasure craft on or beneath the surface of the water using a paravane device known variously as a manta board, planer board or sea sled. V distress sheet, for Schedule 1, means a sheet of canvas or other equally robust material that: (a) is at least 1.8 m x 1.2 m in size; and (b) is fluorescent red or orange in colour; and (c) displays the letter "V" in black, at least 800 mm in height with the strokes forming the V not less than 130 mm wide; and (d) has corner ties or similar so that the sheet is capable of being fastened down so as to be visible from the air. vessel, for Part 4, see regulation 19.

Part 2 Pleasure craft Division 1 General Marine (General) Regulations 2013 4 3A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against these Regulations. Note for regulation 3A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Pleasure craft Division 1 General 4 Definitions In this Part: inland waters means non-tidal rivers, lakes, dams and billabongs. intermediate waters means tidal rivers, sheltered waters areas (as defined in regulation 2 of the Marine (Sheltered Waters) Regulations 1986) and other coastal waters up to 2 nautical miles from the coastline at low water mark of the lowest astronomical tide. open waters means waters seaward of intermediate waters. personal flotation device means a personal flotation device that: (a) complies with AS4758, published by Standards Australia Limited ABN 85 087 326 690, as in force from time to time; or (b) is approved by the Director. personal water craft means a craft: (a) powered by a water jet engine; and (b) designed to be ridden on rather than in. 5 Minimum safety equipment requirements for pleasure craft (1) A person commits an offence if: (a) the person is operating a pleasure craft in inland waters; and (b) an item of safety equipment specified in Schedule 1, Part A: (i) is not carried aboard the pleasure craft; or

Part 2 Pleasure craft Division 1 General Marine (General) Regulations 2013 5 (ii) although carried aboard the pleasure craft – is not serviceable. Maximum penalty: 50 penalty units. (2) A person commits an offence if: (a) the person is operating a pleasure craft in intermediate waters; and (b) an item of safety equipment specified in Schedule 1, Part B: (i) is not carried aboard the pleasure craft; or (ii) although carried aboard the pleasure craft – is not serviceable. Maximum penalty: 50 penalty units. (3) A person commits an offence if: (a) the person is operating a pleasure craft in open waters; and (b) an item of safety equipment specified in Schedule 1, Part C: (i) is not carried aboard the pleasure craft; or (ii) although carried aboard the pleasure craft – is not serviceable. Maximum penalty: 50 penalty units. (4) An offence against any of subregulations (1) to (3) is an offence of strict liability. (5) The Minister may, by Gazette notice, exempt a person from compliance with this regulation in relation to: (a) a specified class or type of pleasure craft; or (b) a specified area of Northern Territory waters. Note for subregulation (5) Section 194(1)(b) of the Act sets out the circumstances in which Regulations may be made authorising exemptions from the provisions of the Regulations or the Uniform Shipping Laws Code.

Part 2 Pleasure craft Division 1 General Marine (General) Regulations 2013 6 5A Seaworthiness requirements (1) A pleasure craft operating in Northern Territory waters must: (a) be serviceable; and (b) be seaworthy: (i) for the purpose for which it is operated; and (ii) for the waters in which it is operating; and (c) not be overloaded; and (d) be provided with a means, or carry equipment, that will enable a person who has fallen overboard from the pleasure craft to reboard it. (2) A person commits an offence if: (a) the person is operating a pleasure craft in Northern Territory waters; and (b) the pleasure craft does not comply with subregulation (1). Maximum penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. 5B Exception for Beer Can Regatta and other approved events Regulation 5A does not apply in relation to a pleasure craft: (a) that is entered into the event known as the Beer Can Regatta, or another approved event; and (b) while the craft is being prepared for, taking part in, or being removed from the sea as part of, the Regatta or event. 5C Exception for tenders and other vessels (1) The following types of vessels are not required to carry safety equipment as specified in Schedule 1: (a) a tender; (b) a surf ski; (c) a racing shell; (d) a canoe;

Part 2 Pleasure craft Division 1 General Marine (General) Regulations 2013 7 (e) a kayak; (f) a sailboard; (g) a personal water craft; (h) a sailing boat under 5 metres in length or with permanently closed hulls. Note for subregulation (1)(a) A vessel which is normally used as in an auxiliary role to a principal pleasure craft is taken not to be a tender during any time when it is not being used in an auxiliary role, and must carry, at those times, the appropriate safety equipment specified in Schedule 1 for the waters in which it is operating. (2) Also, a vessel of a type mentioned in subregulation (1) is not required to comply with regulation 5A(1)(d). (3) However, a tender must carry: (a) 2 oars fitted with rowlocks or 2 paddles; and (b) one bailer fitted with a lanyard. (4) A person commits an offence if: (a) the person is operating a tender in Northern Territory waters; and (b) the tender does not comply with subregulation (3). Maximum penalty: 20 penalty units. (5) An offence against subregulation (4) is an offence of strict liability.

Part 2 Pleasure craft Division 2 Towed water sports and personal water craft Marine (General) Regulations 2013 8 Division 2 Towed water sports and personal water craft 6 Towed water sports (1) A person commits an offence if: (a) the person is being towed behind a pleasure craft; and (b) the person is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (2) A person commits an offence if: (a) the person is operating a pleasure craft; and (aa) the person is at least 16 years of age; and (b) another person is being towed behind the pleasure craft; and (c) the person being towed is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. 7 Towed water sports – observer requirement (1) A person commits an offence if: (a) the person is being towed behind a pleasure craft; and (b) there is not an observer in the pleasure craft with the operator. Maximum penalty: 20 penalty units. (2) A person commits an offence if: (a) the person is operating a pleasure craft; and (b) another person is being towed behind the pleasure craft; and (c) there is not an observer in the pleasure craft with the operator. Maximum penalty: 20 penalty units. (3) An offence against subregulation (1) or (2) is an offence of absolute liability.

Part 2 Pleasure craft Division 2 Towed water sports and personal water craft Marine (General) Regulations 2013 9 (4) The owner of a pleasure craft commits an offence if: (a) another person is being towed behind the pleasure craft; and (b) there is not an observer in the pleasure craft with the operator. Maximum penalty: 20 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. (6) In this regulation: observer, in relation to a pleasure craft when a person is being towed behind the pleasure craft, means a person who is responsible for watching the towed person at all times and relaying the towed person's signals to the operator of the pleasure craft. 8 Personal water craft (1) A person commits an offence if: (a) the person operates a personal water craft; and (b) the water craft is not fitted with an automatic engine cut-out that is connected to a safety lanyard. Maximum penalty: 20 penalty units. (2) A person commits an offence if: (a) the person operates a personal water craft; and (b) the safety lanyard for the automatic engine cut-out is not securely attached to the person or the person's clothing. Maximum penalty: 20 penalty units. (3) An offence against subregulation (1) or (2) is an offence of absolute liability. (4) The owner of a personal water craft commits an offence if: (a) the owner knows the water craft is not fitted with an automatic engine cut-out that is connected to a safety lanyard; and (b) the owner permits another person to operate the water craft. Maximum penalty: 20 penalty units.

Part 2 Pleasure craft Division 2 Towed water sports and personal water craft Marine (General) Regulations 2013 10 (5) A person commits an offence if: (a) the person operates a personal water craft; and (b) the person is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (6) A person commits an offence if: (a) the person is a passenger on a personal water craft; and (b) the person is at least 16 years of age; and (c) the person is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (7) A person commits an offence if: (a) the person operates a personal water craft; and (b) the person is at least 16 years of age; and (c) the personal water craft is carrying a passenger under the age of 16 years; and (d) the passenger is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (8) An offence against any of subregulations (5) to (7) is an offence of strict liability. (9) In this regulation: automatic engine cut-out, in relation to a personal water craft, means a device designed to stop the motor of the personal water craft in the event that the person who is operating it falls off.

Part 2 Pleasure craft Division 2A Requirements for small sailing vessels Marine (General) Regulations 2013 11 Division 2A Requirements for small sailing vessels 8A Personal flotation device requirements for small sailing vessels (1) A person commits an offence if: (a) the person operates a sailing boat under 5 m in length or with permanently closed hulls; and (b) the person is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (2) A person commits an offence if: (a) the person is a passenger or crew member on a sailing boat under 5 m in length or with permanently closed hulls; and (b) the person is at least 16 years of age; and (c) the person is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (4) A person commits an offence if: (a) the person operates a sailing boat under 5 m in length or with permanently closed hulls; and (b) the person is at least 16 years of age; and (c) the sailing boat is carrying a passenger or crew member under the age of 16 years; and (d) the passenger or crew member is not wearing a personal flotation device that is appropriate for the activity. Maximum penalty: 20 penalty units. (5) An offence against subregulation (1), (2) or (4) is an offence of strict liability. (6) In this regulation: crew member means a person who assists the operator in sailing the boat.

Part 2 Pleasure craft Division 3 Boating inspectors and other matters Marine (General) Regulations 2013 12 Division 3 Boating inspectors and other matters 9 Appointment of boating inspectors (1) The Minister may, by Gazette notice, appoint a person to be a boating inspector. (2) The Director must issue an identity card to each person appointed under subregulation (1). (3) An identity card issued under subregulation (2) must contain: (a) a photograph of the boating inspector and the inspector's signature, both verified by the signature of the Director; and (b) the conditions, if any, of the inspector's appointment. (4) The boating inspector must: (a) carry the identity card at all times while exercising a power or performing a function conferred or imposed upon the inspector under these Regulations; and (b) produce it to the operator of a pleasure craft upon request. (5) A police officer: (a) may exercise a power or perform a function of a boating inspector under these Regulations; and (b) in exercising the power or performing the function, is taken to be a boating inspector for regulations 11 and 12. 10 Powers of boating inspectors (1) A boating inspector may, at any time, board and inspect a pleasure craft to ascertain whether it complies with the requirements in Part 2, Division 1. (2) For subregulation (1), a boating inspector may give a reasonable direction to the operator of a pleasure craft. (2A) The operator of a pleasure craft commits an offence if: (a) a direction is given to the operator under subregulation (2); and (b) the operator contravenes the direction. Maximum penalty: 50 penalty units.

Part 2 Pleasure craft Division 3 Boating inspectors and other matters Marine (General) Regulations 2013 13 (2B) An offence against subregulation (2A) is an offence of strict liability. (2C) It is a defence to a prosecution for an offence against subregulation (2A) if the defendant has a reasonable excuse. (3) For a direction to be reasonable, it is not necessary that the inspector suspects that the vessel is being, or is to be, operated in contravention of these Regulations. 11 Obstruction of boating inspector (1) A person commits an offence if: (a) the person obstructs another person; and (b) the other person is a boating inspector; and (c) the person knows the boating inspector is acting in an official capacity. Maximum penalty: 50 penalty units. (2) Strict liability applies to subregulation (1)(b). (3) In this regulation: acting in an official capacity, in relation to a boating inspector, means the boating inspector is exercising powers or performing functions under, or otherwise related to the administration of, these Regulations. obstruct, includes hinder and resist. 12 Protection from liability for boating inspectors (1) A boating inspector is not civilly or criminally liable for an act done or omitted to be done by the inspector in good faith in the exercise of a power or performance of a function under these Regulations. (2) Subregulation (1) does not affect any liability the Territory would, apart from that subregulation, have for the act or omission. (3) In this subregulation: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function.

Part 3 Operation of vessels generally Marine (General) Regulations 2013 14 Part 3 Operation of vessels generally 13 Reckless navigation A person must not navigate or use a vessel carelessly, negligently, recklessly or at a speed or in a manner that is dangerous to, or likely to, cause injury to a person or damage to property (including the vessel). Maximum penalty: 50 penalty units. 14 Diving offences (1) A diver operating from a vessel must, at all times while the diver is in the water, ensure that a rigid replica of the International Code of Signals Flag "A" is conspicuously displayed on the vessel to indicate there is a diver in the water. Maximum penalty: 20 penalty units. (2) A diver commits an offence if: (a) the diver enters the water from a vessel; and (b) there is not another person on the vessel to keep watch over the diver. Maximum penalty: 20 penalty units. (3) If there is another person on the vessel to keep watch over the diver, that person must keep a proper watch over the diver. Maximum penalty: 20 penalty units. (4) A diver who is not operating from a vessel must, at all times while the diver is in the water, tow a float displaying a rigid replica of the International Code of Signals Flag "A" indicating that a diver is operating in the area. Maximum penalty: 20 penalty units. (5) An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability. (6) It is a defence to a prosecution for an offence against subregulation (1), (2), (3) or (4) if the defendant has a reasonable excuse.

Part 3 Operation of vessels generally Marine (General) Regulations 2013 15 (7) For this regulation, the rigid replica of the International Code of Signals Flag "A" must have the following dimensions: (a) for a flag under subregulation (1) – not less than 100 cm x 100 cm; (b) for a flag under subregulation (4) – not less than 25 cm x 25 cm. (8) In this regulation: diver means a person who: (a) is using diving equipment underwater; or (b) has used diving equipment underwater and remains in the water after having done so; or (c) has entered the water with the intention of using diving equipment underwater. diving equipment means breathing apparatus other than a snorkel. 15 Hire-and-drive vessels (1) A person commits an offence if: (a) the person hires a vessel that is: (i) less than 5 m in length and capable of travelling at 12 knots under power; or (ii) 5 m or greater in length and capable of travelling at 12 knots whether under power or otherwise; and (b) the person: (i) permits a child who is under the age of 12 years to operate the vessel; or (ii) permits a child who is under the age of 16 years to operate the vessel without adult supervision. Maximum penalty: 50 penalty units. (2) Strict liability applies to an offence under subregulation (1).

Part 3 Operation of vessels generally Marine (General) Regulations 2013 16 16 Anchoring (1) The master of a vessel commits an offence if, other than in an emergency, the master anchors or permits the vessel to be anchored in a prohibited place. Maximum penalty: 20 penalty units. (2) The master of a vessel commits an offence if, other than in an emergency, the master anchors, or permits the vessel to be anchored in a place or in a manner that obstructs the passage of other vessels. Maximum penalty: 20 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. (4) In this regulation: prohibited place means the following: (a) a shipping channel; (b) an area that is near or at the approach to a wharf or a jetty; (c) within 100 m of a water ski jump. 17 Closure of Northern Territory waters (1) The Minister may, by Gazette notice, declare any Northern Territory waters to be closed for a period of not more than 48 hours for the purposes of holding a regatta, competition, carnival or other event. (2) The declared waters are closed, for the period of the declaration, to any recreational vessel not entered in the regatta, competition, carnival or event (a non-participating vessel). (3) A police officer may prevent a non-participating vessel from entering, or remove it from, the closed waters. (4) The master of a non-participating vessel must not operate the vessel in the closed waters. Maximum penalty: 100 penalty units. (5) An offence against subregulation (4) is an offence of strict liability.

Part 3 Operation of vessels generally Marine (General) Regulations 2013 17 18 Restricted areas (1) The master of a vessel must not operate the vessel at a speed exceeding 5 knots within 30 m of a person in the water. Maximum penalty: 10 penalty units. (2) The master of a vessel must not operate the vessel at a speed exceeding 5 knots within 150 m of the water's edge at a beach between any of the following points: (a) Nightcliff Beach – between the northwesterly prolongation of the northeastern boundary of Lot 1842 Town of Nightcliff and the northwesterly prolongation of the northeastern boundary of Banksia Street; (b) Fannie Bay – between a line 225 degrees true from Dudley Point and a line bearing 288 degrees true from a point at the intersection of the westerly prolongation of the southern boundary of Gregory Street and high water mark; (c) Mindil Beach – between a line due west from the northwestern corner of Lot 5670 Town of Darwin and a line due north from the most northern corner of Lot 6394 at Myilly Point. Maximum penalty: 10 penalty units. (3) The master of a vessel must not navigate the vessel at a speed exceeding 5 knots through or in a mooring area or within 30 m of a moored vessel. Maximum penalty: 10 penalty units. (4) The master of a vessel must not navigate the vessel at a speed exceeding 5 knots within 100 m of a jetty, wharf or commercial shipping and cargo area. Maximum penalty: 10 penalty units. (5) An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability. (6) The master of a vessel commits an offence if: (a) the master intentionally navigates a vessel; and

Part 3A Australian Builders Plate for recreational vessels Marine (General) Regulations 2013 18 (b) the manner in which the master navigates the vessel causes wash that endangers the safety of a person, boat or structure and the master is reckless in relation to that result. Maximum penalty: 10 penalty units. (7) Subregulations (1) to (6) do not apply to the master of a vessel that is being driven or used by a police officer in the execution of that officer's duty if in the circumstances the officer is: (a) taking reasonable care; and (b) it is reasonable that the provision should not apply. Part 3A Australian Builders Plate for recreational vessels 18A Definitions In this Part: ABP Standard means the standard entitled "National Standard for the Australian Builders Plate for Recreational Boats", Edition 5, endorsed by the Ministers comprising the Transport and Infrastructure Council on 5 June 2020 and published by the Australian Recreational Boating Safety Committee. builders plate means a plate fixed to a vessel displaying information about the vessel. owner builder, of a vessel, means an individual who builds the vessel for the person's own use. 18B Application of Part (1) This Part applies to all recreational vessels except the following: (a) a used vessel; (b) an amphibious vessel that is also a motor vehicle that would be required to be registered under the Motor Vehicles Act 1949 if it were to be driven on a road or in a public place; (c) a canoe, kayak or surf ski or similar vessel designed to be powered by paddle; (d) a pedal powered boat; (e) a personal watercraft that complies with subregulation (3);

Part 3A Australian Builders Plate for recreational vessels Marine (General) Regulations 2013 19 (f) a rowing shell used for racing or rowing training; (g) a sailboard or sail kite or other similar vessel; (h) a surf row boat; (i) a hydrofoil or hovercraft; (j) a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion; (k) a submersible, being a powered vessel capable of submerging or operating underwater such as a submarine; (l) an aquatic toy, being an object designed primarily for play in or on water, for example: (i) an object designed solely to be towed behind a recreational vessel; or (ii) an inflatable boat to which ISO 6185 Inflatable boats, as in force on the day these Regulations commence, does not apply; (m) an inflatable boat to which ISO 6185 Inflatable boats, as in force at the commencement, applies and which complies with subregulation (4); (n) a vessel that is required to be surveyed under the Marine Safety National Law; (o) a vessel used only for the purpose of racing in organised events. (2) This Part does not apply to a vessel that, before 1 April 2013, had reached a stage of construction of having the keel laid or a stage of construction at which: (a) the vessel was identifiable as a vessel of a particular type; and (b) a part of the vessel had been fabricated and assembled that had a mass of at least 50 tonnes or 1% of the mass of all structural material of the proposed completed vessel, whichever is the lesser.

Part 3A Australian Builders Plate for recreational vessels Marine (General) Regulations 2013 20 (3) This Part does not apply to a vessel that is a personal water craft if: (a) the following information is written on or attached to the vessel in a clearly visible place: (i) the total weight of persons and equipment that the vessel may carry in calm water (expressed in kilograms), as recommended by the builder of the vessel; (ii) the maximum number of persons the vessel may carry, as recommended by the builder of the vessel; or (b) the vessel is designed to carry not more than 2 persons (disregarding children under the age of 12 months). (4) This Part does not apply to a vessel that is an inflatable boat mentioned in subregulation (1)(m) if the vessel: (a) has a plate attached to it in accordance with European Directive 94/25/EC-Recreational Craft Directive (as in force at the commencement) that certifies that the vessel complies with the requirements of that Directive; or (b) has a plate attached to it in accordance with the requirements of the US National Marine Manufacturers Association set out in the NMMA Certification Handbook (as in force at the commencement) that certifies that the vessel complies with the requirements of that Handbook. (5) In this regulation: commencement means the commencement of the Marine (General) Amendment Regulations (No. 2) 2015. used vessel means a vessel that has been used otherwise than as follows: (a) in the course of being built or tested; (b) by the builder only; (c) for the purpose of transporting it for the purpose of sale; (d) for the purpose of demonstrating it to a purchaser.

Part 3A Australian Builders Plate for recreational vessels Marine (General) Regulations 2013 21 18C Variation of ABP Standard For this Part, a requirement of the ABP Standard to the effect that information on a builders plate for a vessel must include the name of the builder of the vessel is to be read as a requirement that the information must include: (a) the name of the person mentioned in regulation 18E who approves the information; and (b) the capacity in which the person approves the information. 18D Vessel for sale required to have builders plate (1) A person must not sell a vessel to which this Part applies unless: (a) a builders plate is fixed to the vessel in accordance with the ABP Standard; and (b) the plate contains the information required by the ABP Standard; and (c) the information is in a form that meets the requirements of the ABP Standard; and (d) the information on the plate is correct at the time of the sale. (2) A person commits an offence if the person contravenes subregulation (1). Maximum penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subregulation (2) if: (a) the defendant was an owner builder of the vessel concerned and the vessel was sold more than 5 years after it was first used; or (b) the defendant establishes that the vessel was to be exported from Australia. (5) In this regulation: sell includes: (a) supply for sale; or (b) supply as part of a trade or business; or

Part 3A Australian Builders Plate for recreational vessels Marine (General) Regulations 2013 22 (c) offer or display for sale. 18E Persons authorised to approve information on builders plates For this Part, the information on a builders plate fixed to, or to be fixed to, a vessel may only be approved by the following persons: (a) the builder of the vessel – provided that the builder of the vessel is not an owner builder; (b) a person who is approved by the Director for this regulation; (c) a person who imported the vessel into Australia from overseas; (d) a person authorised to do so under a corresponding law of another Australian jurisdiction. 18F Offences (1) A person commits an offence if: (a) the person intentionally fixes a builders plate to a vessel that is required to have a builders plate fixed to it under this Part; and (b) the information on the builders plate is incorrect or does not comply with the ABP Standard and the person is reckless in relation to that circumstance. Maximum penalty: 50 penalty units. (2) A person commits an offence if: (a) the person intentionally fixes a builders plate to a vessel that is required to have a builders plate fixed to it under this Part; and (b) the information on the plate has not been approved by a person referred to in regulation 18E. Maximum penalty: 50 penalty units. (3) Strict liability applies to subregulation (2)(b). (4) A person commits an offence if: (a) the person intentionally alters the information on a builders plate fixed to a vessel that is required to have a builders plate fixed to it under this Part; and

Part 3A Australian Builders Plate for recreational vessels Marine (General) Regulations 2013 23 (b) the information on the plate as so altered is incorrect or does not comply with the ABP Standard and the person is reckless in relation to that circumstance. Maximum penalty: 50 penalty units. (5) A person commits an offence if: (a) the person intentionally alters the information on a builders plate fixed to a vessel that is required to have a builders plate fixed to it under this Part; and (b) the information on the plate as so altered has not been approved by a person referred to in regulation 18E. Maximum penalty: 50 penalty units. (6) Strict liability applies to subregulation (5)(b). 18G Offence relating to approval of information on builders plate (1) A person must not approve any information on a builders plate fixed to, or to be fixed to, a vessel that is required to have a builders plate fixed to it under this Part unless: (a) the person is a person mentioned in regulation 18E; and (b) the information is correct and complies with the ABP Standard. (2) A person commits an offence if the person contravenes subregulation (1). Maximum penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. 18H Builders plate not to be altered unless authorised (1) A person commits an offence if: (a) the person alters, defaces, conceals, removes or obliterates a builders plate that is fixed to a vessel in accordance with this Part; and (b) the person is neither a person mentioned in regulation 18E nor authorised by such a person to do so. Maximum penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability.

Part 4 Safety Marine (General) Regulations 2013 24 Part 4 Safety 19 Definitions In this Part: mother vessel means a mother boat as defined in regulation 3(1) of the Fisheries Regulations 1992. overseas voyage, in relation to a vessel, means a voyage in the course of which the vessel travels between any of the following: (a) a port in the Territory and a port outside Australia; (b) a port in the Territory and a place in the waters above the continental shelf of a country other than Australia; (c) a port outside Australia and a place in the waters above the continental shelf of Australia adjacent to the Territory; (d) a place in the waters above the continental shelf of Australia adjacent to the Territory and a place in the waters above the continental shelf of a country other than Australia; (e) ports or places outside Australia; (f) places beyond the continental shelf of Australia. vessel does not include any of the following: (a) an air-cushioned vehicle; (b) a recreational vessel; (c) a domestic commercial vessel that is proceeding on an overseas voyage; (d) a fishing vessel that is proceeding on an overseas voyage; (e) a fishing vessel that is less than 6.2 m in length that is operating in conjunction with a mother vessel and is within 5 nautical miles of the mother vessel; (f) a fishing vessel that is less than 6.2 m in length that is operating within 5 nautical miles of the coast; (g) an off-shore industry mobile unit; (h) an off-shore industry vessel that is a regulated Australian vessel as defined in section 6 of the Navigation Act 2012 (Cth);

Part 4 Safety Marine (General) Regulations 2013 25 (i) a hire-and-drive vessel that is less than 7 m in length. 20 Application of Part This Part applies to a vessel despite the fact that the vessel may be a vessel to which Part IV of the Act does not apply. 21 Construction of Uniform Shipping Laws Code In construing section 15 of the Uniform Shipping Laws Code, or any standard or other instrument applicable under that section, any definition applicable under the Code to the section, standard or instrument is to be read subject to the Act and these Regulations. 22 Safety of navigation Section 15 of the Uniform Shipping Laws Code extends and applies to all vessels subject to the Act whilst in Northern Territory waters. 24 Packing, marking and carriage of dangerous goods (1) The Minister may, by Gazette notice, make determinations in relation to: (a) the methods of packing and stowing dangerous goods in a vessel; and (b) the marking of dangerous goods in a vessel; and (c) the carriage of dangerous goods in a vessel. (2) The determination may include additional requirements where the vessel is one in which passengers are being, or are going to be, carried. (3) This regulation does not apply to a vessel within a designated port. 25 Inspection of dangerous goods (1) If dangerous goods are being packed for carriage in a vessel, a shipping inspector may: (a) inspect the place at which the goods are being packed; and (b) make such visits to the vessel as the inspector considers necessary in relation to the packing, stowage, marking and carriage of the goods. (2) The Minister may, by Gazette notice, make determinations in relation to the fees for an inspection.

Part 4 Safety Marine (General) Regulations 2013 26 (3) The owner, master or agent of the vessel is liable to those fees. 26 Stowage plan for dangerous goods (1) The owner of a vessel carrying dangerous goods must ensure that a stowage plan setting out the following is kept on board the vessel: (a) the class and description (including the correct technical name) of any dangerous goods carried on the vessel; (b) the location in the vessel of each class of dangerous goods carried on the vessel. Maximum penalty: 50 penalty units. (2) The master of a vessel carrying dangerous goods must ensure that a stowage plan setting out the following is kept on board the vessel: (a) the class and description (including the correct technical name) of any dangerous goods carried on the vessel; (b) the location in the vessel of each class of dangerous goods carried on the vessel. Maximum penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subregulation (1) or (2) if the defendant has a reasonable excuse. (5) If a person other than the owner of a vessel is chartering the vessel or is otherwise the operator of the vessel under an agreement with the owner, that other person is taken to be the owner for subregulation (1). 27 Marking of mass on heavy packages (1) The owner of a vessel must ensure that the gross mass of a package or object that is more than 1 t in gross mass is clearly and durably marked on the package or object before the package or object is loaded onto the vessel. Maximum penalty: 50 penalty units. (2) The master of a vessel must ensure that the gross mass of a package or object that is more than 1 t in gross mass is clearly and durably marked on the package or object before the package or object is loaded onto the vessel.

Part 5 Infringement notice offences Marine (General) Regulations 2013 27 Maximum penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subregulation (1) or (2) if the defendant proves that the defendant took all reasonable steps to ensure the object was marked in accordance with subregulation (1) or (2). (5) If a person other than the owner of a vessel is chartering the vessel or is otherwise the operator of the vessel under an agreement with the owner, that other person is taken to be the owner for subregulation (1). Note for regulation 27 The defendant has an evidential burden in relation to the matters in subregulation (4) (see section 43BU of the Criminal Code). Part 5 Infringement notice offences 28 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 2. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2. 29 When infringement notice may be given If a boating inspector reasonably believes a person has committed an infringement notice offence, the boating inspector may give a notice (an infringement notice) to the person. 30 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence;

Part 5 Infringement notice offences Marine (General) Regulations 2013 28 (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 31 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 32 Withdrawal of infringement notice (1) The Director may withdraw the infringement notice by written notice given to the person.

Part 6 Transitional matters for Marine (General) Amendment Regulations 2015 Marine (General) Regulations 2013 29 (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 33 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Part 6 Transitional matters for Marine (General) Amendment Regulations 2015 34 Offence provisions – before and after commencement (1) The offence provisions, as amended by the Marine (General) Amendment Regulations 2015, apply only in relation to offences committed after the commencement of those Regulations (the commencement). (2) The offence provisions, as in force before the commencement, continue to apply in relation to offences committed on or before the commencement. (3) For this regulation, if any of the conduct constituting an offence occurred on or before the commencement, the offence is taken to have been committed on or before the commencement.

Part 8 Transitional matters for Transport Legislation Amendment Regulations 2024 Marine (General) Regulations 2013 30 (4) In this regulation: offence provisions means the provisions of Part 2 of these Regulations that create or relate to offences (including in relation to criminal responsibility, defences and penalties). Part 7 Transitional matter for Marine (General) Amendment Regulations (No. 2) 2015 35 Exemption for certain imported vessels (1) Regulation 18D(1) does not apply in relation to any of the following: (a) a vessel that was imported into Australia before the commencement; (b) a vessel that is imported into Australia within 6 months after the commencement. (2) In this regulation: commencement means the commencement of the Marine (General) Amendment Regulations (No. 2) 2015. Part 8 Transitional matters for Transport Legislation Amendment Regulations 2024 36 Definitions In this Part: amending Regulations means the Transport Legislation Amendment Regulations 2024. commencement means the commencement of Part 2 of the Transport Legislation Amendment Regulations 2024. former ABP Standard means the ABP Standard as defined in regulation 18A, as in force immediately before the commencement. new ABP Standard means the ABP Standard as defined in regulation 18A, as in force after the commencement. vessel means a vessel to which Part 3A applies.

Part 8 Transitional matters for Transport Legislation Amendment Regulations 2024 Marine (General) Regulations 2013 31 37 Sale of vessels with builders plates fixed in accordance with former ABP Standard A reference to the ABP Standard in regulation 18D(1), as in force after the commencement, is taken to include a reference to the former ABP Standard for a vessel that is sold by a person after the commencement if: (a) a builders plate was fixed to the vessel on a date before the commencement; and (b) the builders plate was fixed to the vessel in accordance with, and otherwise complies with the requirements of, the former ABP Standard. 38 Builders plates fixed to vessels during transitional period (1) A builders plate that was fixed to a vessel during the transitional period is to be taken to have complied with the requirements of the ABP Standard referred to in regulations 18D(1) and 18F(1) and (4) if the builders plate was fixed to the vessel in accordance with, and otherwise complied with the requirements of, either: (a) the former ABP Standard; or (b) the new ABP Standard. (2) A builders plate that was approved by a person mentioned in regulation 18E during the transitional period is to be taken to have complied with the requirements of the ABP Standard referred to in regulation 18G(1) if the builders plate complied with the requirements of either: (a) the former ABP Standard; or (b) the new ABP Standard. (3) In this regulation: transitional period means the period between 5 June 2021 and the commencement.

Schedule 1 Minimum safety equipment requirements for pleasure craft Marine (General) Regulations 2013 32 Schedule 1 Minimum safety equipment requirements for pleasure craft regulation 5 Part A Inland waters 1 One personal flotation device, appropriate for the activity being undertaken, for each person on board. 2 One anchor and anchor cable of at least 50 m in length. 3 If the pleasure craft is less than 5 m in length – 2 oars fitted with rowlocks or 2 paddles, unless the vessel has 2 or more independent means of propulsion that are appropriate for the size of the vessel, the waters in which the vessel is operating, and the intended role of each means of propulsion. 4 One bailer fitted with a lanyard, or one bilge pump. If the pleasure craft has covered bilges, it must have a bilge pump. If the pleasure craft is 10 m or more in length, it must have a bilge pump of minimum capacity of 100 L per minute. 5 2 L of drinking water, in a leak-proof container, for each person on board. 6 One waterproof torch. Part B Intermediate waters 1 One personal flotation device, appropriate for the activity being undertaken, for each person on board. 2 If the pleasure craft is less than 10 m in length – one anchor and anchor cable of at least 50 m in length. If the pleasure craft is 10 m or more in length – 2 anchors and anchor cables of at least 50 m in length. 3 If the pleasure craft is less than 5 m in length – 2 oars fitted with rowlocks or 2 paddles, unless the vessel has 2 or more independent means of propulsion that are appropriate for the size of the vessel, the waters in which the vessel is operating, and the intended role of each means of propulsion. 4 One bailer fitted with a lanyard, or one bilge pump. If the pleasure craft has covered bilges, it must have a bilge pump. If the pleasure craft is 10 m or more in length, it must have a bilge pump of minimum capacity of 100 L per minute.

Schedule 1 Minimum safety equipment requirements for pleasure craft Marine (General) Regulations 2013 33 5 2 L of drinking water, in a leak-proof container, for each person on board. 6 One waterproof torch. 7 2 red flares and 2 orange smoke flares. 8 One V distress sheet. 9 If the pleasure craft is 5 m or more in length – one portable fire extinguisher. If the pleasure craft is 10 m or more in length – 2 portable fire extinguishers. 10 If the pleasure craft is 10 m or more in length – 2 fire buckets of minimum capacity of 9 L and fitted with lanyards. Part C Open waters 1 One personal flotation device, appropriate for the activity being undertaken, for each person on board. 2 One anchor and anchor cable of at least 50 m in length for vessels less than 10 m in length. 2 anchors and anchor cables of at least 50 m in length for vessels 10 m or more in length. 3 If the pleasure craft is less than 5 m in length – 2 oars fitted with rowlocks or 2 paddles, unless the vessel has 2 or more independent means of propulsion that are appropriate for the size of the vessel, the waters in which the vessel is operating, and the intended role of each means of propulsion. 4 One bailer fitted with a lanyard, or one bilge pump. If the pleasure craft has covered bilges, it must have a bilge pump. If the pleasure craft is 10 m or more in length, it must have a bilge pump of minimum capacity of 100 L per minute. 5 2 L of drinking water, in a leak-proof container, for each person on board. 6 One waterproof torch. 7 2 red flares and 2 orange smoke flares. 8 One V distress sheet. 9 One registered EPIRB. 10 If the pleasure craft is 5 m or more in length – one portable fire extinguisher. If the pleasure craft is 10 m or more in length – 2 portable fire extinguishers.

Schedule 1 Minimum safety equipment requirements for pleasure craft Marine (General) Regulations 2013 34 11 If the pleasure craft is 10 m or more in length – 2 fire buckets of minimum capacity of 9 L and fitted with lanyards. 12 One liquid damped compass or operational GPS receiver. 13 One paper chart or electronic chart system displaying the area of operation. 14 If the pleasure craft is 10 m or more in length – one lifebuoy.

Schedule 2 Infringement notice offences and prescribed amounts Marine (General) Regulations 2013 35 Schedule 2 Infringement notice offences and prescribed amounts regulation 28 Provision Prescribed amount in penalty units for individual for body corporate Marine (General) Regulations 2013 regulations 5(1), (2) and (3), 5A(2), 5C(4), 6(1) and (2), 7(1) and (2), 8(1), (2), (5), (6) and (7), 8A(1), (2) and (4), 13, 14(1), (2), (3) and (4), 16(1) and (2) and 18(1), (2), (3), (4) and (6) 2 regulations 7(4) and 8(4) 2 10

ENDNOTES Marine (General) Regulations 2013 36 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Marine (General) Regulations (SL No. 25, 2013) Notified 1 July 2013 Commenced 1 July 2013 (r 2, s 2 Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 (Act No. 11, 2013) and Gaz S24, 25 June 2013) Marine (General) Amendment Regulations 2015 (SL No. 5, 2015) Notified 1 May 2015 Commenced 1 May 2015 Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015) Assent date 22 May 2015 Commenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and 54 to 56: nc; rem: 1 July 2015 (Gaz S57, 9 June 2015, p 2) Marine (General) Amendment Regulations (No.2) 2015 (SL No. 25, 2015) Notified 7 October 2015 Commenced 7 October 2015 Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) Transport Legislation Amendment Regulations 2019 (SL No. 11, 2019) Notified 1 July 2019 Commenced 1 August 2019 (r 2) Transport Legislation Amendment Regulations 2024 (SL No. 26, 2024) Date made 30 July 2024 Commenced 31 July 2024(r 2)

ENDNOTES Marine (General) Regulations 2013 37 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2, 4, 18B, 19 and 30 and Sch 2. 4 LIST OF AMENDMENTS r 3 amd No. 5, 2015, r 3; No. 25, 2015, r 3; No. 11, 2019, r 8; No. 26, 2024 r 4 r 3A ins No. 5, 2015, r 4 amd No. 25, 2015, r 4; No. 11, 2019, r 9 r 4 amd No. 5, 2015, r 5; No. 11, 2019, r 10; No. 26, 2024, r 5 r 5 sub No. 5, 2015, r 6 rr 5A – 5C ins No. 5, 2015, r 6 pt 2 div 2 hdg sub No. 5, 2015, r 6 r 6 sub No. 5, 2015, r 6 amd No. 25, 2015, r 5 r 7 – 8 sub No. 5, 2015, r 6 pt 2 div 2A hdg ins No. 5, 2015, r 6 r 8A ins No. 5, 2015, r 6 amd No. 25, 2015, r 6 r 9 amd No. 26, 2024, r 6 r 10 amd No. 5, 2015, r 7; No. 11, 2019, r 11 r 11 sub No. 5, 2015, r 8 amd No. 26, 2024, r 7 r 12 amd No. 26, 2024, r 8 rr 14 – 15 sub No. 11, 2019, r 12 r 16 amd Act No. 12, 2015, s 59 sub No. 11, 2019, r 12 rr 17 – 18 sub No. 11, 2019, r 12 r 18A amd No. 26, 2024, r 9 r 18B amd No. 26, 2024, r 10 r 18F amd No. 26, 2024, r 11 r 19 amd No. 11, 2019, r 13 r 23 rep Act No. 12, 2015, s 60 r 24 amd Act No. 12, 2015, s 61 pt 3A hdg ins No. 25, 2015, r 7 rr 18A – 18H ins No. 25, 2015, r 7 rr 26 – 27 sub No. 11, 2019, r 14 pt 5 hdg ins No. 5, 2015, r 9 rr 28 – 33 ins No. 5, 2015, r 9 pt 6 hdg ins No. 5, 2015, r 9 r 34 ins No. 5, 2015, r 9 pt 7 hdg ins No. 25, 2015, r 8 r 35 ins No. 25, 2015, r 8 pt 8 hdg ins No. 26, 2024, r 12 rr 36 – 38 ins No. 26, 2024, r 12 sch sub No. 5, 2015, r 10 sch 2 ins No. 5, 2015, r 10 amd Act No. 10, 2018, s 6; No. 26, 2024, r 13

1 MARINE (GENERAL) REGULATIONS 2013

The Regulations rest on several organising legal concepts: regulated vessel categories; tiered equipment and safety obligations by operating waters; delegated enforcement and inspection; builders plate information and approval; strict and absolute liability offences; and integration with national or other jurisdictional instruments.

Key definitional ceilings determine which vessels are captured. “Pleasure craft” and “recreational vessel” obligations differ in scope and are narrowed by explicit exclusions in Part 3A for ABP applicability (r 18B(1)-(4)). The term “operator” is defined for pleasure craft (r 3) and can mean the master or, where the inspector cannot readily ascertain the master, the person whom the inspector regards as in control; this shifts evidential posture during inspections (r 3). “Length” is defined for equipment thresholds (r 3). Personal flotation device is defined by reference to AS4758 or Director approval (r 4).

Safety obligations are tiered by waters: inland, intermediate and open waters (r 4). Schedule 1 sets out precise minimum equipment lists per tier. The device-specific requirements matter for compliance: for open waters a registered 406MHz EPIRB is required (Sch 1 Part C item 9). Seaworthiness obligations require pleasure craft to be serviceable, seaworthy for purpose and waters, not overloaded and provided with a means for re-boarding a person who has fallen overboard (r 5A). Exceptions are carved out: Beer Can Regatta and other approved events (r 5B) and a list of vessel types exempted from Schedule 1 equipment and some re-boarding requirements (r 5C), with a specific minimum fit-out for tenders (r 5C(3)).

Liability architecture: the Regulations specify which offences are strict liability and which are absolute liability. For example, many equipment and operational breaches are strict liability (r 5(4), r 5A(3)), while some observer and personal water craft lanyard requirements are absolute liability (r 7(3), r 8(3)). Part IIAA of the Criminal Code applies to offences against these Regulations (r 3A), which imports general principles of criminal responsibility and defences to the statutory offences. There are explicit defences of reasonable excuse for several offences (e.g. r 10(2C), r 14(6), rr 26(4), (6) etc.), and in at least one place an evidential burden is noted (r 27 note referencing s 43BU of the Criminal Code).

Administrative delegation and discretion are central. The Minister may make Gazette determinations for exemptions (r 5(5)), closure of waters for events (r 17), and determinations concerning dangerous goods packing and carriage (r 24). The Director approves boating inspectors’ identity cards (r 9(2)-(3)) and may approve ABP plate approvers under r 18E(b). Boating inspectors have statutory boarding and inspection powers and may give reasonable directions to operators (r 10). The Regulations protect inspectors from civil or criminal liability for acts done in good faith (r 12(1)), though this does not extinguish territory liability (r 12(2)).

Builders plate regime (Part 3A) imports the ABP Standard (r 18A), mandates builders plates on vessels for sale (r 18D), restricts who may approve plate information (r 18E), and criminalises incorrect, unauthorised or altered plates (rr 18F-18H). The ABP Standard is to be read subject to local variations (r 18C), and exemptions and transitional measures are provided (rr 35-38).

Enforcement uses both criminal prosecution (specified maximum penalties) and an infringement notice regime (pt 5, rr 28-33 and Sch 2) with prescribed monetary amounts linked to penalty units. Infringement notices are issued by boating inspectors who reasonably believe the offence occurred (r 29). The Fines and Penalties (Recovery) Act 2001 is the vehicle for collection and enforcement consequences are detailed on required notice content (r 30(2)(c)). The interface between criminal liability, strict/absolute liability, and the Part IIAA Criminal Code framework will determine what defences and burden-shifting apply in practice (r 3A).

Finally, several parts cross-reference or adopt other statutory regimes or instruments: Uniform Shipping Laws Code (r 21-22), the Criminal Code (r 3A), the Navigation Act 2012 definition incorporation in r 19(h), the Motor Vehicles Act 1949 exclusion (r 18B(1)(b)), and external standards such as AS4758 and the ABP Standard (r 4, r 18A). These integrations create multi-layered compliance duties where private actors must follow technical standards set outside the Regulations.

The Regulations allocate costs and decision-making across several private and public actors.

Owners and operators of pleasure craft and recreational vessels carry most compliance costs and exposure to penalties. Operators must carry serviceable equipment specified for the waters in which they operate (r 5(1)-(3), Sch 1). Owners (or, when chartered, charterers/operators under agreement) are explicitly responsible for stowage plans for dangerous goods (r 26(1)-(2)) and marking of heavy packages (r 27(1)-(2)). Owners can be criminally liable for permitting operation of defective personal water craft when they know of the defect (r 8(4)), and owners are the addressees of some offences in strict liability terms (for example r 5C(4) regarding tender equipment). Sellers must ensure builders plates are fixed and correct at the time of sale (r 18D(1)-(2)) unless an owner-builder defence applies (r 18D(4)(a)).

Commercial parties involved in manufacture, import and sale of recreational vessels bear compliance obligations under the builders plate regime in Part 3A. Persons who import vessels into Australia are authorised approvers for builders plate information in r 18E(c), and builders (other than owner-builders) are authorised approvers in r 18E(a). The ABP Standard is applied and may be varied locally (r 18C). Businesses that sell vessels must ensure plates display correct information and have been approved by an authorised person; failing to do so is an offence with stiff penalties (r 18D(1)-(3), rr 18F-18G).

Boating inspectors and police exercise enforcement powers and thus shoulder operational responsibilities: the Minister appoints inspectors by Gazette notice (r 9(1)), the Director issues identity cards (r 9(2)), and inspectors may board and inspect pleasure craft (r 10(1)). The Regulations protect inspectors from civil and criminal liability for acts done in good faith (r 12(1)), which affects public agency risk allocation.

Manufacturers and suppliers of safety equipment are indirectly affected by referenced technical standards. Personal flotation devices must comply with AS4758 or be Director-approved (r 4). Inflatable boats with European or US certification may be exempt from ABP obligations (r 18B(4)). EPIRB registration with AMSA is required for the EPIRB to satisfy the Schedule 1 open-water requirement (Sch 1 Part C item 9).

Event organisers and the Minister play roles in closing waters temporarily (r 17) and approving events that attract equipment exemptions (r 5B). The Minister may also make determinations on packing and stowage of dangerous goods and associated fees (r 24(1), r 25(2)).

Consumers, passengers and crew face behavioural constraints and protections. The Regulations prescribe age limits for operating hired vessels without supervision (r 15) and personal flotation device rules for passengers under certain ages (r 8(7), r 8A(4)). Divers must display the diver flag and have a watch on the launching vessel (r 14).

Enforcement agencies under the Fines and Penalties (Recovery) Act stand to collect prescribed amounts for infringement notice offences (r 30(1)(f)), and the Director has a role in withdrawing notices (r 32). The broader legal community (lawyers, compliance professionals, insurers) will engage with strict and absolute liability structures, Part IIAA applicability (r 3A) and the overlap with other laws (see next section).

In short, everyday obligations fall on private vessel operators and owners, sellers and builders of recreational vessels, importers, and those organising events. Public agencies are tasked with appointment, inspection, approval and enforcement duties; Ministerial Gazette powers allocate further regulatory discretion and exemptions. The distribution of duties creates predictable compliance costs (equipment purchase, builders plate approvals, stowage plans), enforcement risk (strict/absolute liability), and record-keeping burdens (serviceability evidence, approvals, EPIRB registration).

Duties

Carry and maintain required safety equipment: Operators of pleasure craft must carry serviceable items listed in Schedule 1 appropriate to inland, intermediate or open waters (r 5(1)-(3); Sch 1). “Serviceable” includes sound condition, readiness for use and not past expiry where applicable (r 3 serviceable definition).
Seaworthiness and re-boarding: Pleasure craft must be serviceable and seaworthy for purpose and waters, not overloaded, and provide means to reboard a person who has fallen overboard (r 5A(1)).
Towed water sports obligations: Persons being towed and operators must ensure towed persons wear appropriate personal flotation devices (r 6(1)-(2)); an observer must be present in the towing craft (r 7(1)-(2)).
Personal water craft: Operators must use an automatic engine cut-out attached to the operator by a safety lanyard and ensure passengers (over specified ages) wear appropriate flotation devices (r 8(1)-(7)).
Small sailing vessels: Operators and crew/passengers of sailing boats under 5 m or with permanently closed hulls must wear appropriate personal flotation devices under specific age conditions (r 8A).
Boating inspector directions: Operators must comply with reasonable directions given during boarding and inspection (r 10(2)), with contravention being an offence (r 10(2A)).
Dangerous goods and heavy packages: Owners and masters of vessels carrying dangerous goods must keep a stowage plan on board (r 26(1)-(2)); packages over 1 t must be clearly and durably marked with gross mass (r 27(1)-(2)).
Builders plate obligations: Persons selling vessels to which Part 3A applies must ensure a builders plate is affixed and contains ABP Standard information that is correct at time of sale (r 18D(1)-(2)); the information must be approved by an authorised person (r 18E).
Navigation and speed controls: Masters must not navigate carelessly or dangerously (r 13), must observe restricted speed zones near people, moorings, beaches and jetties (r 18(1)-(4)), and must not anchor in prohibited places or in a way that obstructs navigation (r 16).

Rights and procedural protections

Part IIAA of the Criminal Code applies, importing general principles of criminal responsibility, defences and burden rules to offences under the Regulations (r 3A). This provides accused persons with the statutory framework for mental elements and defences where not displaced by strict or absolute liability.
Reasonable excuse defence: Several offences permit a defence of reasonable excuse (e.g. r 10(2C) for disobeying inspector directions, r 14(6) for diving rules, r 26(4) for stowage plan offences).
Owner-builder and export defences: A seller can defend a builders plate offence if the seller was an owner builder and the vessel was sold more than five years after first use, or if the vessel was to be exported (r 18D(4)).
Infringement notice remedies: A person given an infringement notice may expiate by paying the prescribed amount within 28 days or elect to have the matter dealt with by a court under s 21 of the Fines and Penalties (Recovery) Act (r 30(2)(a)-(b)). The Director may withdraw an infringement notice within 28 days and before payment (r 32).
Identity verification: Boating inspectors must carry identity cards issued by the Director and produce them upon request (r 9(2)-(4)), and police acting in their capacity may exercise inspector powers (r 9(5)).
Protection for inspectors: Boating inspectors are not civilly or criminally liable for acts done in good faith in exercising powers under the Regulations (r 12(1)), though this protection does not remove any liability the Territory would have (r 12(2)).

Allocation of evidential and legal burdens

The Regulations specify when strict or absolute liability applies; strict liability offences allow the prosecution to prove the physical elements and then the defendant may raise a defence such as reasonable excuse; absolute liability offences remove fault elements and defences (see, for example, rr 5(4), 7(3)-(5), 8(3), 8(8), 8A(5)).
The note to r 27 indicates the defendant carries an evidential burden in relation to taking reasonable steps to ensure packages were marked (referring to s 43BU Criminal Code).

Discretion and decision-making

The Minister and Director have delegated powers to create exemptions and determinations by Gazette notice for specified classes of craft, areas, dangerous goods requirements and fees (r 5(5), r 24(1)-(2), r 25(2)).
The ABP Standard may be varied in its application and the Regulations specify who may approve plate information (r 18C-18E).

Financial and operational duties

Owners bear financial responsibility for inspection fees where determined by Gazette (r 25(2)-(3)), for equipment costs to meet Schedule 1 requirements, and for fines or infringement prescribed amounts (pt 5, Sch 2).
The Regulations impose operational duties on those conducting regattas and events if they wish to obtain exemptions from ordinary requirements (r 5B, r 17).

Collectively these duties and rights distribute legal risk and compliance cost across operators, owners, sellers, builders and public inspectors, while embedding procedural options such as infringement notice expiation and Part IIAA defences.

The Regulations provide a dual enforcement architecture: criminal offences with maximum penalties and a parallel infringement notice scheme tied to prescribed monetary amounts.

Criminal penalties

Maximum penalties vary by offence. For equipment and seaworthiness breaches (r 5(1)-(3), r 5A(2)) the maximum penalty is 50 penalty units. The high penalty for unauthorised entry into event waters is 100 penalty units (r 17(4)). Reckless navigation carries a maximum penalty of 50 penalty units (r 13). Smaller offences (e.g. restricted speed near individuals) carry maximum penalties up to 10 or 20 penalty units depending on the provision (r 18(1)-(4); r 14(1)-(4)).
Many offences are declared strict liability (r 5(4), r 5A(3), r 6(3), r 7(3), r 8(8), r 8A(5), rr 26(3), 27(3)), and some are absolute liability (r 7(3), r 8(3)), which affects the availability of fault-based defences. The application of Part IIAA of the Criminal Code to offences (r 3A) means that where the Regulation does not displace fault, the general rules of criminal responsibility and defences will apply.

Infringement notices and prescribed amounts

The Regulations specify which offences are infringement notice offences in Schedule 2 and tie the prescribed amount to the monetary value of the penalty units specified for each offence (r 28(1)-(2); Sch 2). For many listed offences the infringement prescribed amount is 2 penalty units for individuals (Sch 2).
Boating inspectors may issue an infringement notice when they reasonably believe an infringement notice offence has been committed (r 29). The notice must contain specific information, including prescribed amount payable and the relevant enforcement agency under Fines and Penalties (Recovery) Act 2001 (r 30(1)(a)-(f)).
The notice must inform the recipient they may expiate by paying within 28 days or elect court proceedings under s 21 of the Fines and Penalties (Recovery) Act (r 30(2)(a)-(b)). The Fines and Penalties Act enforcement options are spelled out on the required notice and include licence suspension, seizure of property, wage garnishment, statutory charges on land, community work orders and imprisonment for breach of such orders (r 30(2)(c)(i)-(v)).
The Director may withdraw an infringement notice within 28 days and before payment (r 32).

Inspection and on-site enforcement

Boating inspectors have statutory authority to board and inspect pleasure craft at any time to determine compliance with Part 2 Division 1 (r 10(1)). They can give reasonable directions to operators during inspections (r 10(2)), and contravening such a direction is a strict liability offence (r 10(2A)-(2C)). Police officers may exercise the powers of boating inspectors and are treated as inspectors while doing so (r 9(5)).
Obstructing a boating inspector acting in an official capacity is an offence with a maximum penalty of 50 penalty units (r 11(1)). The inspector must carry and produce identity cards issued by the Director (r 9(2)-(4)).

Administrative and Ministerial enforcement powers

The Minister may close Northern Territory waters for up to 48 hours for events and police may remove non-participating vessels; operating in closed waters is a strict liability offence with a maximum of 100 penalty units (r 17(1)-(5)).
The Minister may make Gazette determinations regarding packing, marking and carriage of dangerous goods (r 24), and determine inspection fees (r 25(2)), which the owner, master or agent must pay (r 25(3)).

Other enforcement mechanics

Builders plate offences are criminal offences with maximum penalties of 50 penalty units for fixing incorrect or unauthorised plates, altering plates without authorisation, or approving incorrect information (rr 18F-18H). There is strict liability for some plate approval and alteration elements (rr 18F(2)(b), 18F(5)(b), 18G(3), 18H(2)).
Where offences are subject to strict or absolute liability, the defence options narrow; but Part IIAA applies (r 3A), and specific statutory defences such as reasonable excuse are preserved in several places (e.g. rr 10(2C), 14(6), 26(4), 27(4)).

Practical enforcement implications

Many common compliance failures (missing lifejackets, non-serviceable flares, lack of a V distress sheet in intermediate and open waters) are strict liability offences (r 5 and Sch 1), meaning operators must proactively maintain equipment to avoid liability.
The parallel infringement notice regime accelerates enforcement on lower-level breaches by allowing immediate monetary settlements administratively rather than protracted criminal proceedings (pt 5).
The Regulations assign financial liability for inspection fees to vessel owners and for non-compliance to operators and sellers, shifting the compliance cost burden onto private actors (r 25(3), r 18D(1)-(2)).

Overall, enforcement combines statutory inspections and directions on the water, criminal prosecution for higher-level breaches, and administrative expiation through infringement notices for many everyday regulatory contraventions.

The Regulations are embedded in a network of federal and Territory instruments and external standards. The text explicitly cross-references, imports and disapplies components of other statutes and instruments.

Criminal Code and criminal responsibility

Part IIAA of the Criminal Code applies to offences against these Regulations (r 3A). This imports general principles of criminal responsibility, defences and burden of proof into prosecutions under the Regulations. The Regulations also identify strict and absolute liability offences which interact with Part IIAA to determine which fault elements may be displaced or retained.

Uniform Shipping Laws Code and external standards

Regulation 21 instructs that any definition under the Uniform Shipping Laws Code is to be read subject to the Marine Act and these Regulations, and r 22 extends section 15 of the Uniform Shipping Laws Code to all vessels subject to the Act while in NT waters. This creates a layered compliance regime where national shipping safety standards apply alongside Territory-specific obligations.

Fines and Penalties (Recovery) Act 2001

The infringement notice regime references enforcement under the Fines and Penalties (Recovery) Act 2001 (r 30(2)(c)), and requires the notice to refer to the enforcement agency named in that Act (r 30(1)(f)). Expiation, payment, withdrawal and election to go to court are framed by the Fines and Penalties Act.

Navigation Act 2012 (Cth) and maritime federal definitions

The Regulations exclude certain offshore industry vessels as defined in the Navigation Act 2012 from the definition of “vessel” for Part 4 (r 19(h)), thereby coordinating Territory regulation with federal maritime definitions and avoiding overlap where federal law applies.

Motor Vehicles Act 1949

An amphibious vessel that would be required to be registered under the Motor Vehicles Act 1949 is excluded from the ABP obligations in Part 3A (r 18B(1)(b)), showing an intention to prevent duplicative regulation where road vehicle registration rules apply.

Australian Maritime Safety Authority and EPIRB standards

Schedule 1 requires a registered EPIRB operating on 406MHz and registered with AMSA for open-water pleasure craft (Sch 1 Part C item 9). This links a Territory equipment requirement to federal registration and international frequency standards.

Standards Australia and ABP Standard

Personal flotation devices must comply with AS4758 or be Director-approved (r 4). Part 3A imports the ABP Standard , the National Standard for the Australian Builders Plate for Recreational Boats (r 18A) , and provides local variations to ABP requirements (r 18C). The Regulations allow boats with foreign certification plates complying with EU Recreational Craft Directive or NMMA US certification to be exempt from ABP requirements during the transitional regime (r 18B(4)).

Other Territory Acts and instruments

The Regulations use Ministerial Gazette notices for exemptions or determinations under r 5(5) and r 24(1), referencing the Act’s power to authorise exemptions (note to r 5(5) citing s 194(1)(b) of the Act). Boating inspector appointments and identity cards are administered by the Director under r 9.

Transitional and amendment instruments

The endnotes register amendments across multiple instruments, including Marine (General) Amendment Regulations 2015 and 2015 (No. 2), Transport Legislation Amendment Regulations 2019 and 2024. Transitional provisions (pts 6-8, rr 34-38) specify application of amendments and grandfathering for vessels that reached certain construction stages or were imported before set dates (r 18B(2), r 35).

Evidential and procedural cross-references

The note to r 27 invokes s 43BU of the Criminal Code in assigning evidential burden to defendants proving reasonable steps. The infringement notice procedures and enforcement consequences are cross-managed with the Fines and Penalties (Recovery) Act.

Net effect

The Regulations are not a standalone code; they assemble an operational compliance regime by referencing national standards (AS4758, ABP Standard), federal registration (AMSA for EPIRBs), federal navigation or shipping Acts (Navigation Act, Uniform Shipping Laws Code) and Territory enforcement machinery (Fines and Penalties Act). Businesses and practitioners must therefore manage compliance across multiple statutory and standards regimes and be aware that adherence to the Territory Regulations may require conformity with external federal registrations and international equipment standards.

The Regulations have been amended multiple times since the initial 2013 instrument. The endnotes provide the legislative timeline and identify the subject-matter of many amendments. Key amendment events and the mechanical changes they produced are:

Initial instrument: Marine (General) Regulations (SL No. 25, 2013), notified and commenced 1 July 2013 (Endnotes 2).
Marine (General) Amendment Regulations 2015 (SL No. 5, 2015), notified 1 May 2015 and commenced 1 May 2015. These amendments introduced several substantive changes, including substitution of r 5 and insertion of rr 5A-5C (seaworthiness, event exceptions and tender exceptions), creation of Division 2A (r 8A) concerning small sailing vessels and the expanded Part 2 Division structure (Endnotes 4: r 5 sub No. 5, 2015, r 6; rr 5A-5C ins No. 5, 2015, r 6; pt 2 div 2 hdg sub No. 5, 2015, r 6; r 6 sub No. 5, 2015, r 6).
Marine (General) Amendment Regulations (No. 2) 2015 (SL No. 25, 2015), notified and commenced 7 October 2015. These amendments inserted Part 3A, the Australian Builders Plate regime (rr 18A-18H) and included transitional measures for imported vessels (r 35), reflecting the national roll-out of builders plate requirements (Endnotes 4: pt 3A hdg ins No. 25, 2015, r 7; rr 18A-18H ins No. 25, 2015, r 7; pt 7 hdg ins No. 25, 2015, r 8; r 35 ins No. 25, 2015, r 8).
Statute Law Revision Act 2018 made formal amendments of a non-substantive nature across a number of regulations including rr 1, 2, 4, 18B, 19 and 30 as noted in the endnotes (Endnotes 3).
Transport Legislation Amendment Regulations 2019 (SL No. 11, 2019), notified 1 July 2019 and commenced 1 August 2019, brought further amendments across the Regulations: substitution or amendment of multiple provisions such as rr 4, r 10, rr 14-15, r 16, rr 17-18, r 19 and rr 26-27, reflecting continuing policy and technical adjustments (Endnotes 4: r 4; r 10 amd No. 11, 2019, r 11; rr 14-15 sub No. 11, 2019, r 12; r 16 amd Act No. 12, 2015, s 59; rr 17-18 sub No. 11, 2019, r 12; r 19 amd No. 11, 2019, r 13; rr 26-27 sub No. 11, 2019, r 14).
Transport Legislation Amendment Regulations 2024 (SL No. 26, 2024), dated 30 July 2024 and commenced 31 July 2024, made further amendments including to Part 3A and other provisions: r 9, r 11, r 12, r 18A, r 18B, r 18F, r 36-38 were inserted/amended to manage new ABP Standard transitions and other operational elements (Endnotes 2, 4: r 9 amd No. 26, 2024, r 6; r 11 amd No. 26, 2024, r 7; r 12 amd No. 26, 2024, r 8; r 18A amd No. 26, 2024, r 9; r 18B amd No. 26, 2024, r 10; r 18F amd No. 26, 2024, r 11; pt 8 hdg ins No. 26, 2024, r 12; rr 36-38 ins No. 26, 2024, r 12).
The endnotes document also reference the Ports Management (Repeals and Related Consequential Amendments) Act 2015, Statute Law Revision Act 2018 and other acts affecting cross-referenced provisions (Endnotes 2).

Substantive thematic amendments over time

Safety tightening and clarification: 2015 amendments inserted seaworthiness duties and clarified exceptions for events and tenders (rr 5A-5C). Division 2A (r 8A) introduced explicit PFD requirements for small sailing vessels.
Builders plate national alignment and transition: the 2015 (No. 2) amendments enacted a builders plate regime to align with national ABP Standard, with later transitional adjustments in 2024 to accommodate a new edition of the ABP Standard and provide transitional protections for plates fixed during the transitional period (rr 36-38).
Operational clarifications and enforcement mechanics: 2019 and 2024 amendments updated powers and procedural aspects for boating inspectors, other definitions and the interface with federal instruments.

Transitional protections and temporal application

The Regulations include transitional rules on when offence provisions amended in 2015 apply (r 34). They also exempt certain imported vessels from builders plate obligations for a period after the relevant commencement (r 35) and provide transitional treatment for vessel sales and builders plates fixed under a former ABP Standard during the transition to a new edition (rr 36-38).

For practitioners, the amendment history matters for two purposes: determining which historical rule applied to conduct before a relevant amendment (r 34) and identifying grandfathered vessels or plates excluded by transitional rules (r 18B(2), r 35, rr 37-38). The endnotes supply detailed citation of amendment instruments and commencement dates for those tracking temporal application.

The legislative text and endnotes supplied do not cite any judicial decisions or reported litigation concerning the Regulations. The document’s endnotes list instruments of amendment and commencement dates, but no cases are named in the text or endnotes. Consequently, there is no statutory record here of court interpretations, convictions or judicial challenges appearing in the instrument itself.

In absence of case law in the text, potential litigation vectors that practitioners should expect, based on the statutory architecture, include:

Challenges to strict or absolute liability prosecutions where defendants assert that Part IIAA of the Criminal Code provides applicable mental element or defences (r 3A). Courts are the forum in which the scope of reasonable excuse defences and the application of strict/absolute liability will be clarified.
Disputes about the extent of boating inspector powers, including what constitutes a “reasonable direction” under r 10(2), or whether an inspector acted within the scope of their appointment if identity card or appointment conditions are not properly issued or displayed (r 9). The Regulations protect inspectors acting in good faith (r 12) but leave open territory liability (r 12(2)), a potential locus for actions in negligence or administrative law.
Challenges to builders plate offences may arise where a seller claims reliance on an approved person under r 18E, or where owner-builder defences and export defences in r 18D(4) are asserted. Disputes could also concern the correct reading of the ABP Standard as applied by r 18C and definitions in r 18A.
Litigation may test the application of transitional provisions such as r 34 (applying offence provisions before and after commencement) and r 35-38 concerning imported vessels and transitional ABP Standard compliance. Determining whether conduct occurred before or after the relevant commencement date could be outcome-determinative.
Administrative law review (e.g. merits or judicial review) could be sought against Ministerial Gazettal decisions that exercise discretionary powers under r 5(5) (exemptions), r 17 (closure of waters) and r 24 (dangerous goods determinations), where affected parties challenge reasonableness or procedural fairness.

Absent reported decisions in the text, practitioners must rely on statutory wording and anticipate litigation where definitions, strict liability provisions, inspector powers and ABP approvals intersect with disputed facts. Where evidential burdens are placed on defendants (note to r 27 referencing s 43BU of the Criminal Code), courts will determine the sufficiency of evidence and the effect of such burdens. The lack of case law in the instrument emphasises that precedential development is likely to occur through future prosecutions and civil litigation involving the Regulations.

The Regulations contain a number of traps for operators, owners, sellers, builders and inspectors,details likely to catch practitioners and businesses unprepared unless attention is paid to definitions, liability allocation, approvals and transitional rules.

Strict and absolute liability designations

Many routine compliance failures are strict liability offences (r 5(4), r 5A(3), r 6(3), r 8(8), r 8A(5), rr 26(3), 27(3)). Strict liability removes the prosecution’s need to prove fault, shifting the onus to the defendant to raise a defence such as reasonable excuse. Practitioners should not assume common-law mens rea applies automatically; check the specific regulation.
Some provisions carry absolute liability (r 7(3), r 8(3)), denying traditional defences. For example, failing to have an observer when towing another person is an absolute liability offence (r 7(3)), which eliminates mental-element arguments.

Operator definition and boarding consequences

“Operator” for pleasure craft includes the person whom a boating inspector reasonably regards as in control where the master cannot be readily ascertained (r 3). This can expose passengers or other persons to enforcement action if inspectors attribute control to them.
Boating inspectors may board and inspect “at any time” (r 10(1)) to ascertain compliance with Part 2 Division 1. An operator who disobeys a “reasonable direction” from an inspector commits a strict liability offence (r 10(2A)-(2C)) but can rely on a reasonable excuse defence (r 10(2C)). What is “reasonable” may be contested.

Builders plate and approval complexity

Part 3A mandates builders plates for vessels for sale, with required approval by persons listed in r 18E. Only builders (not owner-builders), Director-approved persons, importers and persons authorised under corresponding laws may approve plate information. Fixing a plate without approved information or altering one without authorised approval is an offence (rr 18D-18H). Sellers must ensure the plate’s information is correct at the time of sale (r 18D(1)(d)).
Transitional exceptions are narrow: vessels imported before or within six months of the commencement of the 2015 amendments are exempt from r 18D(1) (r 35). The 2024 amendments provide transitional treatment for plates fixed during the transitional period between ABP Standard editions (rr 36-38). Sellers must track these dates carefully.

Tender and vessel-type exceptions are conditional

Tenders, surf skis, kayaks, personal water craft and certain small sailing boats are exempt from Schedule 1 equipment requirements (r 5C(1)), but a vessel normally used as an auxiliary is not a tender when not used in an auxiliary role, and then must carry required equipment (note to r 5C(1)). Misusing a tender outside auxiliary functions could attract penalties.

Serviceability and expiry dates

“Serviceable” includes that components like batteries are not past expiry (r 3 serviceable definition). Ordinary maintenance records may therefore be relevant evidence in prosecutions; absence of maintenance or expiry data can undermine a defence.

Seaworthiness and re-boarding requirements

r 5A requires a means for re-boarding a person who has fallen overboard. This is a broad, purpose-based obligation: the Regulations do not specify a technical list, so compliance must align with the vessel’s role and operating waters (r 5A(1)(b)(i)-(ii)). Commercial ambiguity may arise over whether onboard equipment is “suitable” for re-boarding in particular waters.

Dangerous goods and stowage plan liabilities

Owners and masters must keep a stowage plan (r 26(1)-(2)), with strict liability offences for non-compliance. There is a defence of reasonable excuse (r 26(4)), but the note that charterers/operators under agreement may be treated as the owner (r 26(5)) expands potential liability beyond registered owners.

Infringement notice procedures and consequences

An infringement notice lists enforcement options under the Fines and Penalties (Recovery) Act (r 30(2)(c)). If recipients ignore notices, enforcement mechanisms include licence suspension, property seizure, wage garnishment and statutory charges on land; these statutory consequences can be severe relative to the small prescribed monetary amounts for expiation (r 30(2)(c)(i)-(iv)). Practitioners should treat an infringement notice promptly.

EPIRB and equipment particulars

Schedule 1 requires a “registered EPIRB” that operates at 406MHz and is registered with AMSA (Sch 1 Part C item 9). Owners must ensure registration is current; an unregistered or incompatible EPIRB does not satisfy the equipment requirement.

Diver flag and watch requirements

Divers must display a rigid replica of the International Code of Signals Flag “A” of specific dimensions (r 14(1), (7)) and maintain a watchperson aboard (r 14(2)-(3)). Failure is strict liability (r 14(5)). The dimensions differ for vessel-launched divers and divers not using a vessel (r 14(7)(a)-(b)).

Evidential burdens for marking heavy packages

The note to r 27 states the defendant bears an evidential burden in proving they took all reasonable steps to ensure marking. Practitioners should preserve documentary evidence of marking, weighings, and contractor instructions.

Overlap with federal instruments and standards

Compliance with Territory rules often requires compliance with federal registration or international standards (AMSA, AS4758, ABP Standard). Non-alignment or failure to hold federal registrations may produce breach even where local equipment is present.

In short, the gotchas mostly revolve around strict/absolute liability, narrow definition-based traps (operator, tender), approval and transitional timing risk (ABP), and record-keeping obligations that place an evidential burden on defendants. Practitioners should ensure systems and documentation are in place for equipment serviceability, plate approvals, EPIRB registration, stowage plans and inspector interactions.

This section provides a practical compliance checklist and evidence-preservation steps keyed to the Regulations’ requirements and enforcement mechanics.

Know which vessels the Regulations apply to

Confirm if the vessel is a “pleasure craft” or a recreational vessel and whether specific exclusions apply (Part 3A r 18B(1)-(5)). For ABP obligations check whether the vessel is a “used vessel” or falls within the construction grandfathering in r 18B(2).

Equipment and seaworthiness (Schedule 1; rr 5, 5A, 5C)

For the waters you operate in, map Schedule 1 items to the vessel and keep an up-to-date checklist: PFDs AS4758-compliant (r 4, Sch 1), anchors and 50 m cable, flares, V distress sheet, registered 406MHz EPIRB for open waters (Sch 1 Part C item 9), compass or GPS and charts for open waters (Sch 1 Part C items 12-13).
Maintain serviceability records,date-stamped photographs, maintenance logs, battery replacement receipts and expiry-date checks,as the Regulations define “serviceable” to include not being past expiry and being ready for use (r 3).
For tenders ensure two oars or paddles and a bailer with lanyard are aboard when acting as auxiliary (r 5C(3)). Note that when a tender is used outside auxiliary role it must carry all required equipment (note to r 5C(1)(a)).

Seaworthiness and re-boarding provisions

Fit and maintain dedicated re-boarding equipment appropriate to vessel size and operating waters (r 5A). Document the vessel’s capacity and load plan to show not overloaded.

Personal water craft, towing and small sailing craft rules

Ensure PWCs are fitted with automatic engine cut-outs and safety lanyards, and operators attach the lanyard securely (r 8(1)-(2)). Test the cut-out regularly and retain maintenance records.
When towing a person ensure an observer is present (r 7) and all towed persons wear PFDs appropriate for the activity (r 6). Because r 7 observer offences are absolute liability, compliance is strict.
For small sailing vessels under 5 m ensure PFD wear for operators, crew and passengers as required (r 8A).

Builders plates and vessel sales (Part 3A)

If selling a vessel to which Part 3A applies, ensure a builders plate fixed in accordance with the ABP Standard is affixed with correct, approved information (r 18D(1)). Ensure a person authorised under r 18E approved the information; retain approval documentation and ID of approver.
If you are an owner-builder, confirm whether the owner-builder defence in r 18D(4)(a) applies (sale more than 5 years after first use) or whether export exemption applies (r 18D(4)(b)).
Track transitions between ABP Standard editions and ensure plates fixed during transitional periods comply with either the former or new ABP Standard as the transitional provisions allow (rr 36-38).

Dangerous goods, stowage plans and heavy package marking

If transporting dangerous goods, prepare and keep on board a stowage plan containing class/description and location of each class of goods (r 26). Maintain records demonstrating that a plan was kept and updated.
Mark gross mass on packages over 1 t prior to loading and document weighing and marking actions; retain contractor invoices and weighbridge certificates (r 27). The evidential burden provision (note to r 27) means records matter.

Interaction with inspectors and administrative processes

Ensure operators and crew know to produce identity on request and to comply with reasonable directions from boating inspectors (r 9(4), r 10(2)). Train staff in inspection procedures and maintain a role-based checklist for on-board documentation.
If issued an infringement notice, note the 28-day expiation period and the option to elect court (r 30(2)). Maintain a process to respond promptly, consider election to contest where appropriate, and seek Director withdrawal within the 28-day window if necessary (r 32).

Record-keeping and evidence strategy

Maintain a compliance folder on board and electronically: PFD certificates and compliance statements (AS4758), EPIRB registration certificates, builders plate approval documents, stowage plans, fire extinguisher inspections, bilge pump testing logs, maintenance logs, pictures of serviceable equipment, flares expiry dates and receipts.
In cases where strict or absolute liability applies, records of steps taken are the primary method of establishing “reasonable steps” or reasonable excuse defences (note to r 27, r 26(4), etc.).

Training and policies

Implement written policies on towing operations (observer and PFD use), PWC operation (lanyard and engine cut-out), hire-and-drive age checks (r 15), and diver safety procedures (flag and watch requirements r 14). Log staff training records and checklists for each outing.

Compliance with cross-referenced federal standards and registers

Ensure EPIRBs are 406MHz and registered with AMSA (Sch 1 Part C item 9). Where a standard is referenced (AS4758, ABP Standard), obtain manufacturer declarations or compliance certificates and keep them accessible.
If importing vessels, ensure you understand transitional exemptions and the timing requirements for importation/plate fixing (r 35).

Commercial and contractual protections

Include representations and warranties in sale contracts about builders plate compliance and approvals. For charter agreements, clarify who is treated as the owner for dangerous goods and package marking purposes (r 26(5), r 27(5)).
Insure against potential fines and provide for indemnities in sales contracts where incorrect plate information might expose the seller to liability (r 18F-18H).

Monitor legislative change and transitional dates

Track amendments (2015, 2019, 2024) and upcoming ABP Standard changes. Transitional provisions such as r 34 (offence provisions timing) and rr 37-38 (transitional ABP Standard treatment) can change liability for conduct around amendment dates.

By following these steps,matching equipment to Schedule 1 for the operating waters, keeping robust records of serviceability and approvals, training crews on towing/PWC/diving rules, tracking ABP approvals and transitional provisions and responding swiftly to infringement notices,owners and operators can reduce enforcement risk under the Regulations.

MARINE (GENERAL) REGULATIONS 2013

Plain English Summary

Deep Dive

What it does

Current sections

MARINE (GENERAL) REGULATIONS 2013

Source text: opening excerpt

1 MARINE (GENERAL) REGULATIONS 2013

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply