This Marine Order updates and consolidates the matters the National Regulator (AMSA) prescribes for certificates of operation for domestic commercial vessels under the Marine Safety (Domestic Commercial Vessel) National Law 2012 (the national law). It is Marine Order 504 (Certificates of operation , national law) 2024, and it commences on 1 June 2025 (ss 1, 1A). It repeals Marine Order 504 (Certificates of operation and operation requirements , national law) 2018 (s 1B).

Mechanically, the instrument does the following:

Prescribes the content and supporting requirements for applications for a certificate of operation, including a mandatory written statement that a safety management system (SMS) is in place for each vessel the application covers (s 7(2)). Applicants must apply in accordance with Marine Order 501 (s 7(1), s 11(a)).
Sets criteria for issue and re-issue of certificates (s 8). For issue, relevant requirements include a unique identifier where required and that the applicant has stated in writing that an SMS meeting specified requirements is in place (s 8(1)(a)-(b)). The SMS must be recorded and meet the requirements in Schedule 1 (for Class 1-3 vessels either Schedule 1 or Part A of the ISM Code plus some Schedule 1 paragraphs), and for Class 4 vessels must meet Schedule 1 and Schedule 2 to the extent applicable (s 8(2)(a)-(b)(i)-(ii)).
Specifies mandatory conditions attaching to certificates, including ongoing compliance with issue criteria, requirement to keep records on board and onshore where practicable (Schedule 1/2 matters), notification obligations for changes to operations or significant modifications (14 days in many cases), and the non‑transferability of certificates (s 9(a)-(g)).
Prescribes form content for certificates of operation (s 10) and allows AMSA to include other items it considers relevant (s 10(2)).

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AMSA MO 2024/5

Marine Order 504 (Certificates of operation — national law) 2024

I, Kaylene Dale, Chief Executive Officer of the Australian Maritime Safety Authority, (the National Marine Safety Regulator under section 9 of the Marine Safety (Domestic Commercial Vessel) National Law), make this Marine Order under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law 2012.

Dated 14 November 2024

Kaylene Dale Chief Executive Officer

Division 1 Preliminary

1 Name of Marine Order

1A Commencement

1B Repeal of Marine Order 504 (Certificates of operation and operation requirements — national law) 2018

2 Purpose

3 Power

4 Definitions

5 Existing vessel — meaning

6 Applications

Division 2 Requirements for certificate of operation

7 Application for certificate to include statement in relation to safety management system

8 Criteria for issue of certificate

9 Conditions on certificate

10 Form of certificate

Division 3 Variation, suspension and revocation of certificates of operation

11 Application for variation, suspension or revocation of certificate

12 Criteria for variation of certificate

13 Suspension of certificate

14 Criteria for revocation of certificate

Division 4 Other matters

15 Appropriate crewing determination for vessels ≥80 m or ≥3000 GT or ≥3000 kW

16 Temporary crewing permit

17 Prescribed period for notice of vessel sold, modified or sunk

Schedule 1 Operation requirements

Schedule 2 Additional operation requirements for Class 4 vessels

Division 1 Preliminary

1 Name of Marine Order

This Marine Order is Marine Order 504 (Certificates of operation — national law) 2024.

1A Commencement

This Marine Order commences on 1 June 2025.

1B Repeal of Marine Order 504 (Certificates of operation and operation requirements — national law) 2018

Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 is repealed.

2 Purpose

This Marine Order prescribes matters relating to the issue of certificates of operation under the national law for domestic commercial vessels including safety management system requirements.

3 Power

(1) The following provisions of the national law provide for this Marine Order to be made:

(a) Division 5 of Part 4 which provides for a number of matters to be prescribed for certificates issued under the national law;

(b) subsection 159(2) which provides that the regulations may provide for the matters mentioned in that provision including:

(i) the operation of domestic commercial vessels; and

(ii) the crewing of domestic commercial vessels; and

(iii) safety of domestic commercial vessels;

(c) paragraph 159(3)(a) which provides for the keeping of records relating to the operation of domestic commercial vessel.

(2) Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the national law.

(3) Subsection 163(1) of the national law provides that the National Regulator may make a Marine Order about matters that can be provided for by regulation.

(4) Section 164 of the national law allows a Marine Order to provide for any matter by applying, adopting or incorporating any matter contained in any written instrument in force or existing from time to time.

4 Definitions

(1) In this Marine Order:

briefer means a person who gives a briefing to the hirer and participants of a Class 4 vessel.

cargo of a vessel does not include ballast for the vessel or goods intended for consumption or use on the vessel.

Class 1 vessel means a vessel that has the vessel use category 1 under section 2.1 of NSCV Part B.

Class 2 vessel means a vessel that has the vessel use category 2 under section 2.1 of NSCV Part B.

Class 3 vessel means a vessel that has the vessel use category 3 under section 2.1 of NSCV Part B.

Class 4 vessel means a vessel that has the vessel use category 4 under section 2.1 of NSCV Part B.

dangerous goods has the same meaning as in Section 4 of NSCV Part C.

day passenger means a passenger who is not provided with sleeping accommodation.

fast craft has the same meaning as in the dictionary in NSCV Part B.

guide means a person who:

(a) is assigned by the owner of the vessel to give guidance on board to the hirer of the vessel and any participants about its designated cruising area; and

(b) is not the hirer or a participant; and

hazardous occurrence means a circumstance that might have led to a marine incident if it had developed further.

hirer has the same meaning as hirer of a hire and drive vessel in section 6 of the national law.

ISM Code means the International Safety Management (ISM) Code as defined in Regulation 1 of Chapter IX of the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended and in force for Australia from time to time (SOLAS).

Note For information on how to download the ISM Code or SOLAS — see AMSA’s website at www.amsa.gov.au.

lower complexity vessel means a Class 2 vessel, Class 3 vessel, or Class 4 vessel that:

(a) is <7.5 m in length; and

(b) for a Class 2 vessel — carries no more than 4 day passengers; and

(i) carries dangerous goods as cargo;

(ii) has installed a net reel, crane, lifting device or deck load, the use of which is likely to adversely impact the stability or watertight integrity of the vessel;

(iii) operated primarily for towage;

(iv) has an inboard engine which operates on fuel that has a flashpoint of less than 60 degrees Celsius;

(v) has berthed accommodation;

(vi) has an operation of a kind that is determined by the National Regulator for this provision.

Note See subsection 4(2) for the National Regulator’s power to make the determination.

Marine Order 501 means Marine Order 501 (Administration — national law) 2023.

Marine Order 505 means Marine Order 505 (Certificates of competency — national law) 2022.

non-conformance means a circumstance in which a procedure or other requirement mentioned in this Marine Order has not been followed.

NSCV Part B means the latest version of Part B — the General requirements of the National Standard for Commercial Vessels.

Note The National Standard for Commercial Vessels is available on AMSA’s website at www.amsa.gov.au.

NSCV Part C means the latest version of Part C — Design and construction of the National Standard for Commercial Vessels.

NSCV Part F1C means the latest version of Subsection 1C — Category F2 Fast Craft of Part F — Special Vessels of the National Standard for Commercial Vessels.

operational area means a vessel operational area mentioned in the table to subsection 2.2(1) of NSCV Part B.

operational area category means the vessel operational area category mentioned in the table to subsection 2.2(1) of NSCV Part B.

participant means a person, other than the hirer or a guide, who is or intends to be on board the vessel while it is underway during the period of time agreed between the owner and the hirer as the period when the vessel may be used.

passenger has the same meaning as in the dictionary of NSCV Part B.

pen, for a Class 4 vessel, means a designated cruising area surrounded by a set of markers.

Example

A line of buoys.

personal watercraft means a vessel that:

(a) is less than 4 m long; and

(b) has an internal combustion engine powering a water-jet pump as its primary source of propulsion; and

propulsion power has the same meaning as in section 5 of Marine Order 505.

rest means a period of time when a person is, except in the case of emergency, free of all duties and functions.

service category, for a vessel, means the service category assigned to a vessel under section 2.4 of NSCV Part B.

takeaway vessel means a Class 4 vessel that is collected by the hirer and driven on a trailer elsewhere to be launched.

tour leader means a person on a Class 2 vessel that is overseeing a tour made up of more than one Class 4 vessels being operated by one or more hirers.

vessel use category means a vessel use category mentioned in the table to subsection 2.1(1) of NSCV Part B.

Note 1 Some terms used in this Marine Order are defined in Marine Order 501, including:

AMSA
increased level of risk
national law
NSCV

Note 2 Other terms used in this Marine Order have the same meaning as in the national law, including:

crew
domestic commercial vessel
marine incident
master
owner.

Note 3 For delegation of the National Regulator’s powers under this Marine Order — see the AMSA website at www.amsa.gov.au.

(2) The National Regulator may determine an operation of a kind for paragraph (c)(vi) of the definition of lower complexity vessel.

Note In making the determination, the National Regulator will have regard to known hazards or risks for the operation, and the degree of harm resulting, making it inappropriate to be subject to the definition of lower complexity vessel.

5 Existing vessel — meaning

(1) For this Marine Order, a domestic commercial vessel is an existing vessel if:

(a) a person was entitled to use the vessel in connection with a commercial, governmental or research activity at any time in the 2 years ending on 30 June 2013; and

(b) the vessel was not a foreign vessel at any time in the 2 years ending on 30 June 2013.

(2) However, a vessel is not an existing vessel if there has been a break, in its use in connection with a commercial, governmental or research activity, of a period of more than 2 years after 30 June 2013.

(3) Also, a vessel is not an existing vessel if the National Regulator considers that:

(a) it has been altered or modified to the extent that it must be reassessed against the standards for construction, subdivision or stability that apply to the vessel; or

(b) the nature of its operations or its area of operation has changed so that there is an increased level of risk.

6 Applications

(1) Division 3 of Marine Order 501 (other than section 13) applies to applications made to the National Regulator in relation to certificates of operation.

(2) Division 3 of Marine Order 501 applies to applications mentioned in sections 15 and 16.

Division 2 Requirements for certificate of operation

7 Application for certificate to include statement in relation to safety management system

(1) For subsection 47(1) of the national law, an application for a certificate of operation must be made in accordance with section 9 of Marine Order 501.

Note There is an approved form and prescribed fee for applying for the issue and reissue of a certificate of operation — see the AMSA website at www.amsa.gov.au.

(2) An application must also include a written statement by the applicant that there is a safety management system in place that:

(a) is for each vessel to which the application relates; and

(b) complies with subsection 8(2).

Note Giving false or misleading information in an application is an offence — see subsection 136.1(1) of the Criminal Code.

8 Criteria for issue of certificate

(1) For paragraph 48(1)(c) of the national law, the criteria for the issue or re-issue (renewal) of a certificate of operation by the National Regulator are:

(a) for any vessel for which a unique identifier is required — the vessel has a unique identifier; and

(b) the applicant has stated in writing that a safety management system is in place for each vessel that meets subsection (2).

(2) A safety management system must:

(a) be recorded so that it is readily accessible; and

(b) comply with the requirements mentioned in the following:

(i) for a Class 1, Class 2 or Class 3 vessel — either:

(A) Schedule 1; or

(B) Part A of the ISM Code and paragraphs 2(3)(f) and 11(5)(e) and (f) of Schedule 1;

(ii) for a Class 4 vessel — both Schedule 1 and Schedule 2 to the extent applicable.

Note for paragraph (2)(a) The safety management system may include matters that are recorded either in writing or electronically provided that the method of recording is reliable for accessibility purposes.

Note 1 The applicant must also demonstrate appropriate competence and capacity for the safe operation of the vessel — see paragraph 48(1)(b) of the national law.

Note 2 There are approved forms for the application for the initial issue (first issue) and the subsequent issue (renewal) of a certification of operation — see AMSA website at www.amsa.gov.au. The renewal form is approved for circumstances where: (a) the vessel has had a certificate of operation in force within a 2 year period before the application for renewal is made; (b) if there is a change — it is limited to removing a vessel from the certificate, lowering the operational area category of a vessel (e.g. C to D) or removing a kind of operation (charter, research, dredging, towing etc) from the certificate. In other circumstances, see the AMSA website for information.

9 Conditions on certificate

For paragraph 48(4)(a) of the national law, a certificate of operation is subject to the following conditions:

(a) the criteria for the issue or re-issue of the certificate mentioned in section 8 must continue to be met in relation to each vessel to which the certificate applies;

(b) unless indicated otherwise, matters required to be recorded or kept in accordance with Schedule 1 or 2 must be kept both:

(i) on board the vessel if it is practicable to do so given the size and use of the vessel; and

(ii) onshore, with shore-based personnel;

(i) a certificate of survey; or

(ii) any exemption from the requirement to hold a certificate of survey;

(d) each vessel must comply with any limitations on each operational area mentioned in the certificate for the vessel;

(e) the holder of the certificate must ensure compliance with the requirements set out in this Marine Order that apply for a safety management system;

(f) the holder of the certificate must tell the National Regulator in writing:

(i) at least 14 days before changing the nature of the operations of a vessel to which the certificate applies; or

(ii) at least 14 days before any alteration or replacement affecting the electrical system, machinery or associated systems, stability, watertight integrity or subdivision or equipment type of a vessel to which the certificate applies; or

(iii) within 14 days if a matter recorded on the certificate is no longer accurate;

(g) the certificate must not be transferred to another person.

Note for paragraph (b) Unless indicated otherwise, matters may be recorded either in writing or electronically provided that the method of recording is reliable for accessibility purposes. It is an offence under section 83 of the national law if a person fails to provide to a marine safety inspector or the National Regulator, when requested, a copy of a record required to be held for the vessel.

Note 1 The National Regulator may also impose other conditions on a certificate of operation — see paragraph 48(4)(b) of the national law.

Note 2 For offences related to a certificate of operation — see sections 53 to 57 of the national law.

10 Form of certificate

(1) A certificate of operation must:

(a) be in writing; and

(b) include the following:

(i) the name of the holder of the certificate;

(ii) if the certificate comes into force on a day other than the date of issue of the certificate — the date it comes into force;

(iii) the date of expiry of the certificate;

(iv) the kinds of operation;

(v) the vessel use category and operational area for each kind of operation.

(2) A certificate of operation may include anything else the National Regulator considers relevant.

Division 3 Variation, suspension and revocation of certificates of operation

11 Application for variation, suspension or revocation of certificate

An application for variation, suspension or revocation of a certificate of operation must:

(a) be made in accordance with section 9 of Marine Order 501; and

(b) include a copy of the certificate of operation; and

Note There is an approved form and prescribed fee for applying for a variation, suspension or revocation of a certificate — see the AMSA website at www.amsa.gov.au.

12 Criteria for variation of certificate

(1) For paragraph 50(1)(b) of the national law, the criteria for variation of a certificate of operation by the National Regulator on application are that:

(a) a vessel to which the certificate applies has been altered, damaged or sold and the applicant has requested the removal of the vessel from the certificate; or

(b) the applicant has requested that a kind of operation be removed from the certificate; or

(i) has the same service category as another vessel to which the certificate applies; and

(ii) the National Regulator considers meets the criteria mentioned in section 8 for issue of a certificate; or

(d) the applicant has applied for the certificate to no longer apply to a vessel; or

(e) there has been a change to the name of the owner of the vessel (other than transfer of ownership); or

(f) there has been a change to the name of a vessel to which the certificate applies; or

(g) information in the certificate is no longer accurate.

(2) For paragraph 50(2)(a) of the national law, the criteria for variation of a certificate of operation by the National Regulator on its initiative are:

(a) the National Regulator becomes aware that a vessel to which the certificate applies has been sold or damaged; or

(b) the National Regulator becomes aware that a vessel to which the certificate applies has ceased an operation type; or

(c) the National Regulator becomes aware that a certificate specifies a service category that no longer applies to any vessels to which the certificate applies; or

(d) the National Regulator considers that a condition imposed on the certificate is no longer required; or

(e) there has been a change to the name of the owner (other than transfer of ownership); or

(f) there has been a change to the name of a vessel to which the certificate applies; or

(g) the National Regulator considers that information in the certificate is no longer accurate.

Note The variation of a certificate of operation does not change the expiry date of the certificate.

13 Suspension of certificate

(1) For paragraph 51(1)(b) of the national law, the criteria for the National Regulator to suspend a certificate of operation on application are:

(a) the holder of the certificate has stated in writing that all the vessels mentioned in the certificate will no longer perform the operations mentioned in the certificate in the period for which the suspension is sought; and

(b) any fees owed to the National Regulator have been paid.

(2) For subsection 51(2A) of the national law, the purpose for the suspension of a certificate of operation on the National Regulator’s initiative is any of the following:

(a) ensuring any unpaid fees are recovered;

(b) investigating whether the holder of a certificate has given the National Regulator information in its application for the issue of the certificate of operation that is false or misleading;

(d) ensuring necessary repairs are made to the vessel;

(e) ensuring that the vessel is not operated in contravention of a detention notice, a direction, an improvement notice or a prohibition notice.

Note The National Regulator must suspend a certificate if satisfied the suspension is necessary for other purposes (eg protecting human life) — see subsection 51(2) of the national law.

(3) For subparagraph 51(3)(b) of the national law, the period of suspension is:

(a) for a suspension on application mentioned in subsection 51(1) of the national law — 18 months; and

(b) for a suspension on the National Regulator’s initiative mentioned in subsections 51(2) and (2A) of the national law — 24 months.

Note 1 Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under subsection 51(2A), give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended.

Note 2 The prescribed period is the maximum period a suspension may remain in force. The National Regulator may specify in writing an earlier period — see paragraph 51(3)(b) of the national law.

14 Criteria for revocation of certificate

(1) For paragraph 52(1)(b) of the national law, the criteria for revocation of a certificate of operation on application are that:

(a) the holder of the certificate has stated in writing that all the vessels to which the certificate applies are no longer performing the operations mentioned in the certificate; and

(b) any fees owed to the National Regulator have been paid.

Note for paragraph (a) An example of a vessel no longer performing the operations mentioned in the certificate is a vessel that has been scrapped or sunk.

(2) For paragraph 52(2)(a) of the national law, the criteria for revocation of a certificate of operation by the National Regulator on the National Regulator’s initiative are that:

(a) the National Regulator considers it to be necessary in the interest of marine safety or protecting the environment; or

(b) the certificate was issued in error; or

(d) the National Regulator considers that information that is false or misleading has been provided in the application for the issue of the certificate; or

(e) a condition on the certificate has been breached, or is likely to be breached.

Note The National Regulator may also revoke a certificate of operation if satisfied that the holder is not a fit and proper person to hold the certificate — see subsection 52(3) of the national law.

(3) A certificate of operation may only be revoked by the National Regulator under subsection (2) if:

(a) the National Regulator has given a show cause notice; and

(b) within 30 days after the notice is given, the certificate holder has not given the National Regulator reasons that the National Regulator considers acceptable for not revoking the certificate.

Division 4 Other matters

15 Appropriate crewing determination for vessels ≥80 m or ≥3000 GT or ≥3000 kW

(1) For a vessel that is ≥80 m or ≥3000 GT or ≥3000 kW — the owner of the vessel must apply to the National Regulator at least every 5 years for a determination of appropriate crewing for the vessel.

Note The application can be made at the same time as the application for the issue or reissue (renewal) of a certificate of operation for the vessel.

(2) The National Regulator must determine the appropriate crewing having regard to the following:

(a) safety and security of the vessel;

(b) safety of navigation;

(d) protection of the environment;

(e) compliance with:

(i) the conditions imposed on the vessel’s certificate of operation; and

(ii) this Marine Order; and

(iii) the national law.

(3) A decision to determine appropriate crewing for the vessel is a reviewable decision for sections 16 and 17 of Marine Order 501.

16 Temporary crewing permit

(1) For a vessel that is not a Class 4 vessel — the owner of the vessel may apply to the National Regulator for a temporary crewing permit.

(2) Subject to subsection (3), the National Regulator may issue a temporary crewing permit for up to 3 months if satisfied that:

(a) the appropriate crewing for the vessel is less than the minimum crewing that would otherwise apply to the vessel under clause 8 of Schedule 1; and

(b) the minimum crewing that would otherwise apply to the vessel under clause 8 of Schedule 1 is impracticable or would cause unreasonable or unnecessary expense; and

(3) For a vessel ≥24 m in length — the role of the master may not be subject to a temporary crewing permit unless the vessel is subject to a force majeure event.

(4) A decision to refuse to issue the temporary crewing permit is a reviewable decision for sections 16 and 17 of Marine Order 501.

17 Prescribed period for notice of vessel sold, modified or sunk

For paragraph 57(1)(b) of the national law, the holder of a certificate of operation must notify the National Regulator within 14 days after the sale, modification, sinking or scrapping of a vessel to which the certificate of operation applies.

Schedule 1 Operation requirements

(Sections 8, 9 and 16)

1 Vessel details and contact information

(1) The owner of the vessel must ensure the following is recorded so that it is readily accessible:

(a) name, address, phone number and email address (if any) of the owner of the vessel;

(b) unique identification number for the vessel;

(d) areas of operation of the vessel;

(e) contact details of a person who may be contacted at any time about the operation of the vessel.

Note The owner may be the operator of the vessel and not the company or other person that owns the vessel if the operator is the person with overall general control and management of the vessel — see national law, section 6, definition of owner.

2 Risk assessment

Note For additional risk assessment requirements for Class 4 vessels — see clause 1 of Schedule 2.

(1) Paragraphs (2)(a) and (c)(iii) and 3(a), (d) and (e) do not apply to a Class 4 vessel and paragraphs (3)(a), (b)(ii) and (c) do not apply to a lower complexity vessel.

(2) The owner of the vessel must ensure a risk assessment of the operation of the vessel is:

(a) prepared in consultation with the master and crew of the vessel; and

(b) recorded so that it is readily accessible and kept up to date; and

(i) the vessel undertakes an operation that differs from that normally undertaken by the vessel; or

(ii) the vessel is involved in a marine incident; or

(iii) the master of the vessel considers that the risks have changed; and

(d) given, on request, to the National Regulator or a marine safety inspector.

Note A risk register is an example of a suitable way to record the risk assessment.

(3) The risk assessment must identify the following:

(a) key daily tasks to be performed by the master and all crew;

(b) unacceptable risks including those arising from operations of the vessel that jeopardise:

(i) the vessel; or

(ii) the vessel’s stability; or

(iii) the operational environment of the vessel; or

(iv) persons on or near the vessel; and

(d) the appropriate crewing and any crewing determination for the vessel in accordance with clauses 6 and 8;

(e) risk of fatigue for master and crew and how this is to be managed;

(f) when a lifejacket must be worn by any person on board.

Examples of potential risks for paragraph (b):

vessel collision or grounding
fire
drowning
hazardous gases, including those arising from onboard sewage systems.

Note An owner of a domestic commercial vessel may be required to manage the risk of fatigue under State and Territory work health and safety laws.

3 Owner’s responsibility and authority statement

(1) This clause does not apply to a Class 4 vessel.

(2) The owner of the vessel must ensure the following is recorded in a statement so that it is readily accessible:

(a) name and contact details of the owner of the vessel;

(b) name and responsibilities of any person to whom the owner has given the authority to act on behalf of the owner;

(c) the relationship and the lines of communication between the master, crew and onshore staff who are responsible for implementation of the operation requirements.

Note There may be more than 1 owner of a vessel. A person with overall general control and management of the vessel may be an owner — see s 6 of the national law, definition of owner.

4 Designated person

(1) Paragraph 3(b) does not apply to a Class 4 vessel and subclause 4(4) does not apply to a lower complexity vessel if the owner is the designated person.

(2) The owner of the vessel must ensure that at least 1 person is responsible for:

(a) monitoring the safety of the vessel, the environment and all persons on or near the vessel; and

(b) ensuring appropriate resources and shore support are provided to the vessel.

(3) A designated person must:

(a) have direct access to any individual with responsibility for the vessel’s operation; and

(b) be contactable by the master or crew of the vessel.

Note for paragraph (a) Any individual with responsibility for the vessel’s operation includes the highest levels of the entity responsible for vessel operation.

(4) The owner must ensure that the following is recorded so that it is readily accessible:

(a) name and contact information for each person who holds the position of designated person including the current email and phone number of that person;

(b) roles and responsibilities of the designated person that relate to the safe operation of the vessel.

5 Master’s responsibility and authority statement

(1) This clause does not apply to a Class 4 vessel and subclause (2) does not apply to a lower complexity vessel if the owner is the master.

(2) The owner of the vessel must ensure that the following is recorded in a statement so that it is readily accessible:

(a) master’s responsibility for verifying that the operation requirements are complied with;

(b) master’s authority to make decisions for the safety of the vessel, the environment, and persons on or near the vessel; and

(c) master’s authority to request the owner’s assistance to ensure the safety of the vessel, the environment, and persons on or near the vessel.

6 Appropriate crewing

(1) This clause does not apply to the following:

(a) a vessel ≥80 m or ≥3000 GT or ≥3000 kW;

(b) a Class 4 vessel.

Note For crewing requirements relating to a vessel ≥80 m or ≥3000 GT or ≥3000 kW, see clause 7. For crewing requirements relating to a Class 4 vessel, see clause 3 of Schedule 2.

(2) The owner of the vessel must ensure that the vessel operates with the appropriate crewing determined in accordance with this clause.

(3) The owner of the vessel must determine the appropriate crewing for each kind of operation of the vessel by evaluating the risks to the following:

(a) the vessel;

(b) the environment;

(4) The determination of appropriate crewing must take account of the following:

(a) the kind of operation of the vessel and the requirements of key vessel operations;

(b) the tasks and activities performed in addition to safe navigation of the vessel, and the demands they impose on the master and crew;

(d) the number of persons to be carried on the vessel and the effectiveness and timeliness of arrangements for passenger monitoring, taking into account that the master of the vessel must be able to find out the number of passengers on board the vessel at any time;

(e) the design characteristics of the vessel, including its general arrangements, machinery and equipment;

(f) the qualifications and competencies of the master and crew, including circumstances where only the master holds mandated engineering qualifications;

(g) the competency required for the use of technological aids to safety and navigation fitted in addition to the mandatory requirements;

(h) the area of operation of the vessel and expected conditions, for example weather, climate and water temperatures;

(i) the duration of the voyage;

(j) the requirements for the vessel’s emergency preparedness, including the vessel’s emergency plan and evacuation arrangements;

(k) the maintenance requirements of the vessel, and its machinery and equipment;

(l) the external support available to the vessel.

Examples of kinds of operation for paragraph (a):

carriage of passengers
fishing
tourism.

Examples of technological aids to safety and navigation for paragraph (g):

fire safety systems
remote engineering monitoring and diagnostics
electronic communication and navigation equipment
closed circuit TV.

(5) The determination for each kind of operation of the vessel must be recorded in the vessel’s safety management system together with information that address the matters mentioned in subclause (4).

7 Appropriate crewing determination for vessels ≥80 m or ≥3000 GT or ≥3000 kW

(1) This clause does not apply to a Class 4 vessel.

(2) The owner of a vessel that is ≥80 m or ≥3000 GT or ≥3000 kW must ensure that the vessel operates in accordance with the appropriate crewing determined by the National Regulator.

Note The owner of a vessel ≥80 m or ≥3000 GT or ≥3000 kW must apply to the National Regulator at least every 5 years for a determination of appropriate crewing for the vessel. The application can be made at the same time as the application for the issue or reissue (renewal) of a certificate of operation for the vessel. See section 15.

8 Minimum crewing

(1) This clause does not apply to a Class 4 vessel.

(2) The determination of appropriate crewing under clause 6 must be at least the numbers set out in the following table for the vessel mentioned:

Vessel Total minimum figure for master and crew (including engineer) Master Engineer
55 m and <80 m# 4 1 1
35 m and <55 m# 3 1 1
12 m and <35 m# 2* 1 1
<12m 1** 1

provided the vessel is <3000 GT and <3000 kW

In the case of a vessel <750 kW propulsion power, the master and engineer roles may be combined in the one person if the master holds a certificate which permits the holder to operate the engines of the vessel. In that case, there must still be another crew member on board to make up the total of 2. In the case of a vessel ≥750 kW propulsion power, the master and engineer roles cannot be combined in the one person.

** If the master of the vessel does not hold a certificate which permits the holder to operate the engines of the vessel, there must be an additional crew member on board who holds an engineering certificate.

(3) However, the table does not apply to:

(a) a vessel subject to a temporary crewing permit if the conditions for the permit are met; and

(b) the following vessels:

(i) an existing vessel that complied with a crewing requirement on 30 June 2013 that permitted the vessel to have less numbers than those specified in the table;

(ii) an unpowered barge;

(iii) a Class 2 vessel that is:

(A) a personal watercraft, a human powered vessel or a sailing vessel <7.5 m; and

(B) not carrying passengers; and

(C) operated by a tour leader who the owner is satisfied complies with the requirements mentioned in clause 5 of Schedule 2; and

(i) relocation of the vessel within a marina;

(ii) maintenance or survey;

(iii) pump out;

(iv) refuelling;

(v) delivery or retrieval operations.

Note for paragraph (b)(i) For the meaning of existing vessel, see section 5.

(4) The vessel’s appropriate crewing must not be determined under clause 6 to be the same as the minimum crewing set out in the table if provision is not made for the master and each crew member to have at least 10 hours rest in each 24 hour period.

9 Vessel induction, familiarisation, drills and training

(1) This clause does not apply to a Class 4 vessel.

(2) The owner of the vessel must ensure that the master and crew, as soon as practicable after joining the vessel and before commencing duties, receive the following:

(a) safety training that familiarises the person with safety matters about the person’s presence and duties on board the vessel;

(b) induction in and familiarisation with key vessel operations to establish, maintain and verify the competence and capacity of the person to safely carry out assigned duties;

(c) training in emergency procedures to establish, maintain and verify the ability of the person to respond rapidly and effectively in an emergency and to follow the emergency plan.

Note When a change is made to the key vessel operations or emergency procedures, operators should ensure induction, familiarisation and training of the master and crew occurs in accordance with the new safety management system.

(3) Training in emergency procedures must cover:

(a) the procedures set out in the emergency plan for responding to the situations mentioned in subclause 12(3) of this Schedule; and

(b) use of the vessel’s life-saving equipment.

(4) The owner of the vessel must ensure emergency drills are conducted:

(a) with a frequency determined by the risk assessment for the vessel; and

(b) to test procedures and confirm the competence and ability of the master and crew to respond rapidly and effectively in an emergency.

(5) The owner of the vessel must ensure that any other person engaged in key vessel operations for the vessel also receives training mentioned in subclause (2).

Example: An onshore staff member involved in berthing the vessel.

(6) The master, or a crew member that the master considers has the appropriate skills and knowledge, must give the training.

(7) The owner of the vessel must ensure that a record of the following is retained for 5 years:

(a) a description of any training, induction or familiarisation undertaken in accordance with subclause (2);

(b) a description of any emergency drills conducted in accordance with subclause (4);

(d) the date it occurred.

10 First aid and radio communication requirements

(1) This clause does not apply to a Class 4 vessel.

(2) The owner of the vessel must ensure that the vessel operates with:

(a) at least 1 person who:

(i) has a current first aid certificate equivalent to at least HLTAID011 Provide first aid; and

(ii) is available at all times to provide first aid; and

(b) a person qualified to operate the radio or other communication equipment fitted to the vessel being either the master or deck watchkeeper.

11 Procedures and policies for vessel operations

(1) Subclauses (4) and (5) do not apply to a Class 4 vessel and paragraphs (5)(b), (c), (h) to (n) do not apply to a lower complexity vessel.

Note For additional requirements regarding procedures for vessel operations for Class 4 vessels — see clause 2 of Schedule 2.

(2) The owner of the vessel must ensure that a procedure related to the safety of the vessel, the environment and persons on or near the vessel is recorded so that it is readily accessible.

(3) The procedure must:

(a) be developed for key vessel operations including the matters mentioned at subclause (5); and

(b) address any risks identified by the risk assessment; and

(c) if an increased risk is identified by a review of the risk assessment — identify how changes are to be implemented to reduce or eliminate that risk so far as is reasonably practicable.

(4) The owner of the vessel must ensure that each task involved in the procedure must be assigned to crew with the skills and knowledge to perform the task.

(5) The owner of the vessel must also ensure that there is a procedure related to at least each of the following if applicable:

(a) pre-operating checks;

(b) vessel start up and shut down;

(d) the means of access to and from the vessel;

(e) wearing of lifejackets taking account of:

(i) the risks identified in the vessel’s risk assessment; and

(ii) the management of lifejackets to ensure that they are readily accessible at all times;

(f) for a vessel that carries passengers — giving of safety inductions for each passenger about relevant operational and emergency procedures, including the wearing of lifejackets, as soon as practicable after the passenger boards the vessel;

(g) passenger monitoring at all times that is an effective and verifiable method to ensure that the master of the vessel is able to find out the number of passengers on board the vessel at any time in relation to the following:

(i) a Class 1 vessel;

(ii) a Class 2 vessel that is permitted to carry passengers.

(h) the conduct of a passenger count at or around the time of embarkation and disembarkation that ensures an accurate record of the number of passengers embarking and disembarking a vessel that:

(i) is a Class 2 vessel permitted to carry passengers or a Class 1 vessel that is permitted to carry no more than 75 passengers; and

(ii) is engaged on a voyage of at least 30 minutes scheduled duration and no more than 12 hours scheduled duration, and the vessel is not scheduled to stop for embarkation or disembarkation in the first 30 minutes; and

(iii) is operating in:

(A) B, C or D waters; or

(B) E waters outside of daylight hours;

(i) for a vessel mentioned in paragraph (h) that is used to transport passengers to a water based activity — the passenger count:

(i) must include an additional count before the vessel departs from the site of the water based activity; and

(ii) is not required to be conducted when a vessel is stopped for a water based activity and a passenger enters or leaves:

(A) the water; or

(B) another vessel used in conjunction with the activity;

(j) having a radio watch unless:

(i) the equipment is being used on another frequency for the business or safe navigation of the vessel; or

(ii) a radio watch is being maintained on another frequency required by a local pilotage or port authority; or

(iii) communications are being exchanged with another shore based or ship station; or

(iv) the master considers that, because of sea or weather conditions, maintaining the watch would interfere with the safe navigation or safe working of the vessel; or

(v) the vessel is not required to carry a radio;

(k) vessel bunkering and refuelling;

(l) preparation and use of passage plans;

(m) for a vessel that has any confined space — confined space entry;

(n) for a vessel that carries cargo – conduct of cargo operations including the carriage of dangerous goods as cargo.

(6) The owner of the vessel must ensure that there is a drug and alcohol policy addressing how the risks of drug and alcohol use is managed.

Note for paragraph (f) This requirement does not prevent group inductions. The timing and format of the induction will depend upon the nature of the vessel’s operations.

Note for paragraph (g) Examples of passenger monitoring systems: counting; monitored or recorded closed circuit television; crew stationed as sentries to visually monitor; configuration of the vessel that allows the master of the vessel to see passengers.

Note for paragraph (h) A number of methods could be used for a passenger count. Examples: a head count; a clicker count; a roll call; a count conducted by electronic sensor; a count involving the distribution and return of items such as lanyards or wristbands.

Note for paragraph (i) Examples of water based activities: snorkelling; scuba diving.

(7) For a vessel to which NSCV Part F1C applies — the requirements mentioned in subclause (5) are met if the vessel has the following manuals from NSCV Part F1C:

(a) a craft operating manual mentioned in clause 3.10.1; and

(b) a maintenance and servicing manual mentioned in clause 3.10.2: and

12 Emergency preparedness

(1) Subclauses (4) to (6) do not apply to a Class 4 vessel and paragraphs (4)(a) to (c) and subclause (5) do not apply to a lower complexity vessel.

Note For additional emergency preparedness requirements for Class 4 vessels — see clause 4 of Schedule 2.

(2) The owner of the vessel must ensure that an emergency plan is:

(a) recorded in writing; and

(b) kept on board the vessel so that it is readily accessible; and

(c) if an increased risk is identified by a review of the risk assessment — changed to eliminate or minimise that risk so far as is reasonably practicable.

(3) The emergency plan must include a procedure for responding to each of the following situations if relevant to the vessel and its operation:

(a) fire;

(b) a person overboard or unaccountably missing;

(d) master incapacitated;

(e) loss of steering;

(f) loss of propulsion;

(g) vessel collision;

(h) vessel grounding;

(i) vessel flooding;

(j) oil or fuel spill;

(k) adverse weather or water conditions;

(l) any other circumstance identified by the risk assessment that might require an emergency response.

Example The risk of fire is unlikely to apply to an unpowered kayak.

(4) The emergency plan must identify the following:

(a) at least one assembly station (primary assembly station) for all persons on board;

(b) if stated as practicable in the vessel’s risk assessment — an alternative to any primary assembly station that becomes unusable or inaccessible during an emergency;

(d) a system, for use in an emergency, for the crew to record and confirm the presence of all persons on board.

(5) If the vessel is carrying passengers — the owner of the vessel must ensure that the emergency plan provides that the following emergency information is to be placed in each assembly station, each passenger cabin and other areas frequented by passengers:

(a) the location of each assembly station;

(b) what passengers must do in an emergency;

(6) If the vessel is carrying passengers and operating with a master only — the owner of the vessel must ensure that the emergency plan provides for a laminated written or diagrammatic emergency safety procedure to be clearly displayed in a prominent position on board the vessel if practical.

13 Hazardous occurrences and non-conformances

(1) The owner of the vessel must ensure that any hazardous occurrence or non-conformance is investigated.

(2) The owner of the vessel must ensure that records are kept of the following for each hazardous occurrence or non-conformance including:

(a) the result of an investigation into a hazardous occurrence or non-conformance; and

(b) any corrective action taken to prevent it happening again.

Note The record may include a description of any customer complaint or feedback about the hazardous occurrence or non-conformance.

14 Maintenance of vessel and equipment

(1) The owner of a vessel must ensure that a system of regular programmed inspection and maintenance appropriate for the vessel, its machinery and its equipment is developed, maintained and implemented in accordance with this clause.

(2) The system must include arrangements for recording details of each inspection and correcting each deficiency identified by an inspection.

Note This record may be kept in the logbook.

(3) The vessel must be inspected sufficiently to determine if the vessel, its machinery and its equipment complies with the maintenance and operation requirements that apply to it.

Note This requirement does not prevent inspections being made for compliance with voluntary maintenance guidelines.

(4) Each inspection must be conducted by the person who has overall general control and management of the vessel or by a person who has sufficient experience and knowledge to conduct the inspection on behalf of the owner.

(5) The vessel must be serviced taking into account the manufacturer’s specifications and requirements.

15 Logbooks and other documents

(1) This clause does not apply to a Class 4 vessel and subclauses (7) and (8) and paragraphs (10)(a) to (d), (i) and (j) do not apply to a lower complexity vessel.

Note See Schedule 2 for documentation requirements for Class 4 vessels.

Logbooks

(2) The owner or the master of a vessel must ensure that a logbook is kept for a vessel and that the logbook is readily accessible on board the vessel or on shore, legible and does not contain false or misleading information.

Note 1 A format for logbooks is not specified.

Note 2 It is an offence under section 83 of the national law if a person fails to provide to a marine safety inspector or the National Regulator the logbook for examination as the logbook is required to be held for the vessel.

(3) A back-up arrangement must be in place for any logbook recorded electronically to prevent the loss of the information included in the logbook.

Note A back-up arrangement may be electronically stored information.

(4) The master of the vessel must ensure that a logbook records details about the following:

(a) illness or injury of a person onboard;

(b) marine incident, other incident or accident involving the vessel or its machinery and equipment;

(d) unusual occurrence or incident;

(e) communication message sent or received for an emergency;

(f) each passenger count conducted for the vessel if carrying passengers;

(g) any operation of the vessel for recreational purposes.

Note for paragraph (b) It is an offence under the national law for the owner or master of a vessel not to report a marine incident — see sections 88 and 89 of the national law.

Note The logbook may record any details that the master considers relevant for the vessel including: key operations, vessel position, navigation track and weather experienced.

(5) The master must ensure that information about an unusual occurrence or incident is recorded in the logbook as soon as practicable after it occurs.

(6) The owner of a vessel must ensure that an entry in a logbook is retained for at least 5 years after it is made.

Passenger documents

(7) For a vessel carrying passengers — the owner of a vessel must ensure that a passenger manifest is kept on board the vessel, and it is readily accessible, for any voyage that is at least 12 hours long.

(8) The passenger manifest must include the following:

(a) name of the vessel;

(b) identification number for the vessel;

(d) if required in an emergency — details of any medical or safety requirements of particular passengers;

(e) for each person on board the vessel — name, address (local and home if a person has both), email address (if any) and phone number.

Crew documents

(9) The owner of a vessel must ensure that an up to date crew list is kept on board the vessel and it is readily accessible.

(10) The crew list must include the following:

(a) name of the vessel;

(b) identification number of the vessel;

(d) name, address, phone number and email address (if any) of the employer of the crew;

(e) name, home address, phone number and email address (if any) of each crew member;

(f) name, address and phone number of each crew member’s next of kin;

(g) capacity in which each crew member is employed;

(h) certificates held by each crew member, including certificates of competency required under the national law and other relevant certificates or qualifications;

(i) date each crew member joined the vessel;

(j) date each crew member left the vessel.

Record of vessel modifications

(11) The owner of the vessel must ensure that any modification to the vessel that affects stability is recorded.

(12) The record must include the description of the modification and the date that the modification is made.

16 Review and revision

(1) Paragraphs (4)(a) and (b) do not apply to lower complexity vessels.

Reviews

(2) The owner of a vessel must ensure that:

(a) a review system to verify compliance with operation requirements is developed; and

(b) a review of each procedure that applies to the vessel is conducted every 12 months to evaluate effectiveness.

Record of revisions

(3) The owner of the vessel must ensure that a record of any revisions is made following each change to a procedure, document or other record that is required under this Schedule.

(4) The record of revisions must be in writing and include the following:

(a) reference number;

(b) reference to the part of the document or record changed;

(d) signature or initials of the person making the record of the change.

Note A record of revisions may be a ‘revisions page’ at the end of the relevant document such as an emergency plan, the record of key operations procedures or the master’s responsibility statement.

Schedule 2 Additional operation requirements for Class 4 vessels

(Sections 8 and 9)

Note The operation of a Class 4 vessel must comply with this Schedule and the applicable provisions in Schedule 1 that apply to Class 4 vessels.

1 Risk assessment

(1) The risk assessment of the operation of a Class 4 vessel must include or identify the following:

(a) the boundaries of each designated cruising area of the vessel;

(b) any navigation hazards where the vessel activity is to occur and ways to manage the hazards, including for vessel operation during the night;

(d) potential interactions with other persons using the designated cruising area and ways to manage them;

(e) the minimum separation distances between vessels;

(f) any restrictions on speed and direction to be observed by the hirer;

(g) any additional safety precautions to be observed appropriate for the operations of the vessel;

(h) the kind of marine safety equipment to be provided on the vessel taking into account its suitability for the waters in which the vessel will operate and the skill levels of the hirer and participants;

(i) a pollution mitigation strategy;

(j) if the vessel is to be used for a tour — the maximum ratio of hirers and participants to tour leaders and arrangements for communication between the tour leader and the hirer and participants;

(k) arrangements to be followed to ensure that each hirer, participant and any other person operating the vessel is not impaired by drugs or alcohol;

(l) if the vessel is to be used to tow skiers or persons using a towing apparatus — an assessment of the additional risks that may arise due to this activity and ways to manage those risks;

(m) if the vessel is a takeaway vessel — an assessment of the operational procedures specific to takeaway activities including the risks and hazards associated with:

(i) multiple designated cruising areas; and

(ii) transporting the vessel on a trailer; and

(iii) loading and unloading the vessel onto a trailer; and

(iv) the hirer and participants’ competence to deal with the matters mentioned in subparagraphs (i) to (iii).

Note for paragraph (i) A pollution mitigation strategy may include, for example, preventing or cleaning up fuel spills, or waste management.

2 Procedures for vessel operations

Note For other requirements for vessel operation procedures for Class 4 vessels — see clause 11 of Schedule 1.

(1) The owner of the vessel must ensure that key tasks to be performed by the owner, or persons on board the vessel, are recorded as a procedure including pre-operating checks so that it is readily accessible.

(2) The owner of the vessel must ensure that pre-operating checks are carried out before the hirer or participant takes control of the vessel.

3 Participant numbers, competency, age and health

(1) The owner of the vessel must assess the special skills, abilities and level of medical fitness required by the hirer and any participant to undertake the activity for which the vessel is to be used.

(2) The owner of the vessel must determine the maximum number, minimum competency, minimum age and minimum medical requirements of the hirer or any participant.

(3) For subclause (2), the following matters must be taken into consideration by the owner when making the determination:

the minimum number of persons required to safely operate the vessel;
the amount of space available for persons on board the vessel;
the kind of safety equipment on board the vessel;
the load and stability limitations of the vessel;
the area in which the vessel operates;
the operational risk.

(4) The maximum number of persons on board that may be determined by the owner must not be more than:

(a) 12 persons; or

(b) the maximum number of persons the vessel is permitted under the national law to carry.

(5) The owner of the vessel must ensure that the person with primary responsibility for the operation of the vessel, whether or not the hirer of the vessel, is competent to operate the vessel.

Note Additional competency requirements relating to the supervision etc of the operation of personal watercraft apply — see clause 9.

(6) The owner of the vessel must be satisfied that the hirer and any participant have the skills and abilities necessary to operate the vessel safely, over the term of the agreement, having regard to the vessel’s size, type, propulsion power and intended areas of operation.

Note The owner might consider, for example, relevant boating experience, evidence of successful crossing of a bar, observation of the hirer’s and any participants’ skills, documents relating to the hirer and participants’ medical conditions, certificates of competency.

(7) The owner of a vessel that operates in a State or Territory that has recreational boating operator licencing requirements for equivalent recreational boats must comply with subclause (8) if the vessel:

(a) is capable of operating at a speed of greater than 10 knots; or

(b) operates in operational area category C.

(8) The owner of the vessel must ensure that the hirer and any participant meet the recreational boating operator licencing requirements unless an exemption for the operation applies under State or Territory law.

4 Emergency preparedness

(1) Subclause 4(2) does not apply to a Class 4 vessel if it is a lower complexity vessel.

(2) The owner of the vessel must ensure that the emergency plan includes at least 1 assembly station on the vessel for all persons on board if it is practicable for an assembly station to be provided.

(3) The owner of the vessel must ensure that a laminated written or diagrammatic emergency safety procedure for use by persons on the vessel is prepared and displayed on the vessel if practical.

Note For example, it may not be practical to display the emergency safety procedure on a canoe, kayak or personal watercraft.

5 Competencies of tour leader, guide and briefer

The owner of the vessel must ensure that:

(a) each tour leader, guide and briefer for a vessel is competent to perform their duties; and

(b) if the vessel operates in a State or Territory that has recreational boating operator licencing requirements — the owner ensures that each tour leader, guide and briefer meets the requirements; and

6 Provision of information to hirer and participants

The owner of the vessel must ensure that:

(a) a briefing that includes the matters identified by the risk assessment for the operation is given to each hirer and participant before the person takes control of a vessel; or

(b) if not each hirer or participant is present when a hirer or participant takes control of a vessel — a hirer or participant present at the briefing agrees to brief all other hirers and participants who may operate the vessel about the matters mentioned in paragraph (a).

7 Provision of safety equipment to hirer and participants

The owner of the vessel must ensure that:

(a) a vessel has all safety equipment on board when the hirer or a representative of the hirer takes control of the vessel; and

(b) each hirer and any participant is made aware of any requirements for the wearing of lifejackets that apply in the areas of operation of the vessel under State or Territory law.

Note Additional requirements regarding lifejackets apply for personal watercraft — see clause 9.

8 Documentation

The owner of the vessel must ensure that written records about the operation of the vessel are maintained to allow for investigation of marine incidents required to be reported to the National Regulator.

Note It is an offence under the national law for the owner or master of a vessel not to report a marine incident — see sections 88 and 89 of the national law.

9 Additional requirements for personal watercraft

The owner of a personal watercraft must ensure the following:

(a) that no hirer or participant takes the personal watercraft outside its designated cruising area or pen;

(b) that each hirer and participant operating a personal watercraft in a pen is supervised by the owner or, if they are on a tour, by the tour leader;

(c) that each hirer and participant has the skills and abilities necessary to operate the personal watercraft safely, over the term of the agreement, having regard to the personal watercraft’s size, type, propulsion power and intended operating areas;

(d) that each hirer and participant declares any medical condition of which they are aware is likely to affect their ability to safely undertake the activity;

(e) if the personal watercraft is used in a pen or tour that is being supervised by a tour leader — that the hirer and each operator of the vessel is:

(i) at least 16 years old; and

(ii) capable of taking immediate control of the personal watercraft if required;

(f) that any pillion passenger who is under 16 years is on board with a hirer who is at least 16;

(g) if the personal watercraft is to be used outside of a pen or tour and the State or Territory where the vessel is operating has recreational licencing requirements for an equivalent recreational vessel operation — that each hirer and participant meets those requirements, unless an exemption for the operation applies under the State or Territory law or the State or Territory law provides that the recreational licencing requirements do not apply to personal watercraft operations;

(h) that an appropriately sized lifejacket is supplied to each hirer and participant that fits properly.

Note for paragraph (c) The owner might consider, for example, relevant boating experience, evidence of successful crossing of a bar, observation of the hirer’s and any participants’ skills, documents relating to the medical conditions of the hirer and participants and certificates of competency.

Note

1. Legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See www.legislation.gov.au.

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AMSA MO 2024/5

Marine Order 504 (Certificates of operation — national law) 2024

Dated 14 November 2024

Kaylene Dale Chief Executive Officer

Division 1 Preliminary

1 Name of Marine Order

1A Commencement

1B Repeal of Marine Order 504 (Certificates of operation and operation requirements — national law) 2018

2 Purpose

3 Power

4 Definitions

5 Existing vessel — meaning

6 Applications

Division 2 Requirements for certificate of operation

7 Application for certificate to include statement in relation to safety management system

8 Criteria for issue of certificate

9 Conditions on certificate

10 Form of certificate

Division 3 Variation, suspension and revocation of certificates of operation

11 Application for variation, suspension or revocation of certificate

12 Criteria for variation of certificate

13 Suspension of certificate

14 Criteria for revocation of certificate

Division 4 Other matters

15 Appropriate crewing determination for vessels ≥80 m or ≥3000 GT or ≥3000 kW

16 Temporary crewing permit

17 Prescribed period for notice of vessel sold, modified or sunk

Schedule 1 Operation requirements

Schedule 2 Additional operation requirements for Class 4 vessels

Division 1 Preliminary

1 Name of Marine Order

This Marine Order is Marine Order 504 (Certificates of operation — national law) 2024.

1A Commencement

This Marine Order commences on 1 June 2025.

1B Repeal of Marine Order 504 (Certificates of operation and operation requirements — national law) 2018

This Marine Order organises the regime around a few core regulatory concepts and technical definitions that determine scope and compliance obligations.

Safety management system (SMS) and recording: The SMS is a cornerstone. An applicant must state that an SMS exists for each vessel and the SMS must be recorded so it is readily accessible (s 7(2); s 8(2)(a)). For Class 1-3 vessels an owner may adopt either Schedule 1 or Part A of the ISM Code with two specific Schedule 1 paragraphs, whereas Class 4 vessels must comply with both Schedule 1 and Schedule 2 to the extent applicable (s 8(2)(b)(i)-(ii)). “Recorded” may be written or electronic provided the method of recording is reliable and accessible (s 8(2) note).

Vessel classes and “lower complexity vessel”: The Order uses NSCV Part B vessel use categories to group obligations (Class 1-4 defined in s 4). It creates a “lower complexity vessel” category (s 4 definition) which reduces some requirements where a vessel is less than 7.5 m and meets other restrictions (no dangerous goods, no certain equipment, not primarily for towage, fuel flashpoint limitation, no berthed accommodation, and any regulation‑determined operations). The National Regulator may determine additional operations to exclude from lower complexity status (s 4(2)).

Operational area and service/category concepts: Operational area and operational area category are taken from NSCV Part B tables (s 4 definitions). Service category is likewise defined under NSCV Part B and matters like passenger definitions follow NSCV Part B terminology (s 4 notes).

Owner, master, hirer and participant roles: The Order distinguishes owners, masters, hirers and participants. It imposes primary duties on owners to have and maintain SMSs and records (s 8, Schedule 1), and places operational responsibilities on masters (e.g. logbook entries, induction and training per Schedule 1 clauses 9 and 15). For Class 4 vessels it defines supplementary roles such as briefer, guide and tour leader and sets competency standards for those persons (Schedule 2 clauses 5-6).

Crewing architecture: The Order requires owners to determine “appropriate crewing” by evaluating operational risk and a non‑exhaustive list of factors (Schedule 1 clause 6). It prescribes minimum crewing figures in a table (Schedule 1 clause 8(2)) that vary by vessel length, with special rules for engines, combined roles and existing vessels. For very large vessels (≥80 m or ≥3000 GT or ≥3000 kW) AMSA must determine appropriate crewing on application at least every five years (s 15; Schedule 1 clause 7). A temporary crewing permit pathway is available for non‑Class 4 vessels under limited conditions (s 16).

Records and accessibility: The Order repeatedly requires records “readily accessible” and permits electronic formats provided they are reliable and backed up (s 8(2) note; Schedule 1 clause 15(2)-(3)). Certain retention periods are specified (for example, training and drill records retained for 5 years , Schedule 1 clause 9(7); logbook entries retained for at least 5 years , Schedule 1 clause 15(6)).

Differentiation for Class 4 vessels: Where Class 4 vessels (often hire‑and‑drive, rental and personal watercraft operations) are concerned, the Order imposes additional, more prescriptive operational requirements in Schedule 2 relating to designated cruising area boundaries, speed and separation restrictions, participant competency and age, briefing requirements, safety equipment provisioning, and special measures for personal watercraft (Schedule 2 clauses 1-9). For some Schedule 1 obligations the instrument excludes Class 4s (Schedule 1 cl 2 note, cl 3(1) etc) or modifies application (for example, owner as designated person allowed for some lower complexity vessels , Schedule 1 cl 4(1)).

Regulatory processes and review: The Order uses Marine Order 501’s application procedures (s 6(1)-(2); s 7(1); s 11(a)). Several AMSA decisions created by the Order are expressly reviewable under Marine Order 501 sections 16 and 17 (for example, s 15(3), s 16(4) reference those review procedures).

Definitions and external standards: The Order incorporates external standards and materials by reference , ISM Code, NSCV Part B, C and F1C, Marine Order 501 and 505 (s 4 definitions and notes). Section 3(4) notes the National Regulator can apply, adopt or incorporate matters in other written instruments in force from time to time, creating a legal mechanism for future referenced materials to change the practical content of obligations.

Notification and non‑transferability: Certificates are non‑transferable (s 9(g)). The holder must notify AMSA in writing of certain operational changes at least 14 days prior (s 9(f)) and must notify sale, modification, sinking or scrapping within 14 days (s 17).

Enforcement levers and procedural safeguards: The Order sets suspension and revocation criteria and periods (ss 12-14) and cross‑references procedural safeguards in the national law such as show cause notices (s 13 note referencing paragraph 72(2)(a) of the national law) and allows for revocation only after show cause and a 30‑day period (s 14(3)). It also references offences in the national law and the Criminal Code for false or misleading applications and failing to provide required records (s 7 note referencing Criminal Code subsection 136.1(1); s 9 note referencing s 83 of the national law).

Primary regulated persons and entities

Owners of domestic commercial vessels. The Order places the principal duties on owners (see Schedule 1 clauses 1, 2, 4, 5, 6, 11, 14 and others). Owners must ensure a recorded and accessible SMS is in place (s 7(2); s 8(2)), risk assessments, procedures, maintenance systems and logbooks (Schedule 1 clauses 2, 11, 14, 15).
Certificate holders. The holder of a certificate of operation must comply with the certificate conditions in s 9, including continuing satisfaction of issuance criteria and specific record keeping and notification obligations (s 9(a)-(f)).
Masters and crew. The Order imposes duties affecting masters and crew through requirements owners must implement: induction, training and drills (Schedule 1 clause 9), first aid and radio competency requirements (Schedule 1 clause 10), logbook entries (Schedule 1 clause 15(4)-(6)) and emergency procedures (Schedule 1 clause 12).
Hirers and participants (particularly of Class 4 vessels). The instrument regulates hire‑and‑drive operations and takeaway vessels. Schedule 2 sets out obligations that directly affect hirers and participants, such as competency and age requirements, safety briefings, and limits on operation outside designated cruising areas (Schedule 2 clauses 3, 6, 7, 9).
Tour leaders, guides and briefers. The text defines these roles and requires owners to ensure competence and certain certifications (Schedule 2 clauses 5-6 and 9). Tour leaders must hold a current first aid certificate HLTAID011 (Schedule 2 cl 5(c)).
Employers of crew. Crew lists must record employer details and certificates held (Schedule 1 clause 15(10)(d), (h)), which ties employer compliance into vessel obligations.
Very large vessel owners and operators. Owners of vessels ≥80 m or ≥3000 GT or ≥3000 kW must apply at least every five years for an AMSA determination of appropriate crewing (s 15(1)-(2)). AMSA’s determination is a reviewable decision (s 15(3)).

Regulator and inspectors

The National Regulator (AMSA) is the decision‑maker for issue, variation, suspension, revocation, determinations of appropriate crewing for very large vessels, and temporary crewing permits (ss 3, 8, 11-16). The Order expressly uses administrative mechanisms in Marine Order 501 for applications and review (ss 6(1)-(2), 11(a), notes in ss 13-14).
Marine safety inspectors and AMSA staff may request records; failure to provide records required to be kept may be an offence under s 83 of the national law (s 9 note).

Third‑party and cross‑jurisdictional actors

State and Territory regulators and laws. The Order explicitly acknowledges interaction with State and Territory work health and safety laws in relation to fatigue management (Schedule 1 clause 2 note) and with State/Territory recreational boating operator licensing regimes for certain Class 4 operations and personal watercraft (Schedule 2 clauses 3(7)-(8), 9(g)).
Manufacturers and service providers. Maintenance and equipment servicing requirements refer owners to manufacturer specifications (Schedule 1 clause 14(5)), which creates compliance dependencies on available parts, services and technical documentation.
Insurers and financiers may be affected economically because compliance (or failure to comply) with SMS and crewing requirements can influence risk profiles, claims and asset values; the Marine Order embeds obligations that are conditions of the certificate of operation (s 9), which insurers will likely monitor or require.

Operations and business models most affected

Hire‑and‑drive, rental and takeaway operations (Class 4 vessels). Schedule 2 imposes detailed operational constraints on designated cruising areas, participant competency, equipment provisioning, and briefing and supervision duties (Schedule 2 clauses 1-9). These operations will face direct changes to documentation, briefing procedures and potentially limits on how many persons may be carried and where the vessel may be launched or operated.
Operators of personal watercraft and pens. Schedule 2 clause 9 imposes supervision and operator minimum ages and competency thresholds, plus restrictions on movement outside designated cruising areas and tighter lifejacket and supervision duties.
Operators of passenger‑carrying vessels and scheduled services. Schedule 1 clause 11 requires passenger monitoring systems, passenger count procedures in certain voyage types and printed emergency information in assembly stations for passenger vessels.
Owners of vessels near the minimum crewing figures. The minimum crewing table (Schedule 1 clause 8(2)) sets baseline staffing that will affect costs and rostering for many commercial operations, with some paths to temporary relief (s 16) and grandfathering for some existing vessels (Schedule 1 clause 8(3)(b)(i)).

Who decides and when

AMSA decides on issue, variation, suspension and revocation of certificates and on determinations of appropriate crewing for large vessels (ss 8, 11-14, 15). Many AMSA decisions are reviewable under Marine Order 501 sections 16-17 (see especially s 15(3), s 16(4) notes).
Owners must make determinations for “appropriate crewing” for each kind of operation and record them (Schedule 1 clause 6(2)-(5)), and must apply to AMSA in specified circumstances (s 15(1), s 16(1)).

Duties imposed on owners and certificate holders

Must include a written statement with applications that an SMS is in place for each vessel covered (s 7(2)). False or misleading information in the application is an offence under subsection 136.1(1) of the Criminal Code (s 7(2) note).
Ensure the SMS is recorded and readily accessible (s 8(2)(a)), and that it complies with Schedule 1 (all vessels) and, for Class 4 vessels, Schedule 2 to the extent applicable (s 8(2)(b)(ii)). For Class 1-3 vessels the owner may use Schedule 1 or Part A of the ISM Code plus certain Schedule 1 paragraphs (s 8(2)(b)(i)).
Ensure ongoing compliance with issuance criteria for each vessel while the certificate is in force (s 9(a)).
Keep records both on board and onshore where practicable for Schedule 1/2 matters (s 9(b)(i)-(ii)), and provide those records to AMSA or an inspector when requested (s 9 note referencing s 83 of the national law).
Notify AMSA in writing at least 14 days before changing the nature of operations of a vessel, before significant alterations or replacements affecting electrical systems, machinery, stability, watertight integrity or equipment type, or within 14 days if a matter recorded on the certificate is no longer accurate (s 9(f)(i)-(iii)). Separately s 17 prescribes notice within 14 days of sale, modification, sinking or scrapping.
Maintain detailed operational documents: risk assessments, emergency plans, procedures for key vessel operations, training and drill records, maintenance systems and logbooks (Schedule 1 clauses 2, 9, 11-15).
Determine and record appropriate crewing for each kind of operation (Schedule 1 clause 6(2)-(5)), and ensure minimum crewing levels where applicable (Schedule 1 clause 8). For vessels ≥80 m or ≥3000 GT or ≥3000 kW owners must apply to AMSA every five years for an appropriate crewing determination (s 15(1)).
For Class 4 vessel owners specifically, ensure additional operational requirements such as designated cruising area boundaries, participant competency and age limitations, briefing and supervision arrangements, safety equipment provision and documentation are met (Schedule 2 clauses 1-8).
Ensure certain competence on board such as at least one person with a current first aid certificate HLTAID011 and a person qualified to operate radio equipment (Schedule 1 clause 10).

Masters and crew duties

Masters must ensure logbook entries are recorded for specified events and that records are kept and retained (Schedule 1 clause 15(4)-(6)).
Masters or designated crew must carry out emergency drills and provide training (Schedule 1 clause 9(2), (4)-(6)).
Masters must be able to verify compliance with operational requirements and have authority to act for safety (Schedule 1 clause 5(2)(a)-(c)).

Rights and procedural protections

Applicants and holders have procedural rights under Marine Order 501 application and review provisions (s 6(1)-(2); s 11(a)). Specific AMSA decisions are reviewable: e.g. appropriate crewing determination for large vessels (s 15(3)) and refusal to issue a temporary crewing permit is reviewable (s 16(4) note).
Suspension and revocation require procedural steps: a show cause notice must be given before suspension under subsection 51(2A) per the national law (s 13 note referencing paragraph 72(2)(a) of the national law), and revocation under s 14(2) may only occur after a show cause notice and 30 days for response (s 14(3)).
Certificates are explicit about content and the National Regulator may include anything else it considers relevant on the certificate (s 10(2)). The non‑transferability rule is explicit (s 9(g)).

Specified offences and sanctions referenced

False or misleading information in an application is an offence under subsection 136.1(1) of the Criminal Code (s 7 note).
Failure to provide required records to an inspector or AMSA when requested is an offence under section 83 of the national law (s 9 note).
The Order references sections 53-57 of the national law for offences related to certificates of operation (s 9 note 2), and sections 88-89 of the national law for reporting marine incidents (Schedule 2 note and Schedule 1 clause 15(4) note). Specific penalties and enforcement detail are governed by the national law provisions referenced.

Practical obligations that have rights implications

Non‑transferability of certificates (s 9(g)) restricts disposal strategies and may require re‑application on ownership change, though variations for changes of name and other administrative changes are permitted under ss 12 and 13 criteria.
The need to keep copies of records onshore and onboard where practicable (s 9(b)) creates dual custody obligations that affect how businesses design record systems.
The combination of express show cause and review rights (s 13 note; s 14(3); references to Marine Order 501 review mechanisms) sets out the basic procedural rights landscape for holders facing suspension, revocation or refusal decisions.

Legal framework for enforcement

The Marine Order consistently cross‑references the enforcement and offence provisions of the Marine Safety (Domestic Commercial Vessel) National Law 2012 and the Criminal Code rather than creating standalone criminal penalties. The Order therefore sits within the existing national law enforcement framework (s 3(1) references Division 5 of Part 4 and subsections of section 159 and 163 enabling its prescription).
Specific offences are invoked by notes in the Order: filing false or misleading information in an application invokes subsection 136.1(1) of the Criminal Code (s 7 note). Failure to provide required records to a marine safety inspector or the National Regulator when requested is an offence under section 83 of the national law (s 9 note). The Order also references sections 53-57 (offences relating to certificates of operation) and sections 88-89 (reporting of marine incidents) of the national law (s 9 note 2; Schedule 1 cl 15(4) note; Schedule 2 note).

Administrative enforcement tools

Suspension of certificates. AMSA may suspend a certificate either on application (s 13(1)) or on its own initiative for the purposes listed in s 13(2A), including recovering unpaid fees, investigating false or misleading application information, investigating likely breach of certificate conditions, ensuring necessary repairs, or ensuring that a vessel is not operated in contravention of detention notices, directions, improvement notices or prohibition notices (s 13(2A)(a)-(e)). The maximum suspension periods are prescribed: 18 months for suspensions on application and 24 months for AMSA‑initiated suspensions (s 13(3)(a)-(b)). The Order notes the national law requires AMSA to give a show cause notice before suspension under s 51(2A) (s 13 note 1 referring to paragraph 72(2)(a) of the national law).
Revocation of certificates. AMSA may revoke certificates on its initiative where it is necessary in the interest of marine safety or environmental protection, the certificate was issued in error, non‑compliance with notices, false or misleading information in the application, or breach or likely breach of a condition on the certificate (s 14(2)(a)-(e)). Revocation requires a show cause notice and 30 days for the holder to provide reasons (s 14(3)). The national law also permits revocation where the holder is not a fit and proper person (s 14 note).
Variation of certificates. The Order lists circumstances where AMSA will vary a certificate either on application (s 12(1)) or on AMSA’s initiative (s 12(2)), such as vessel sale, damage, change of operation types, correction of inaccurate information, and changes to owner names. Variation does not change expiry date (s 12 note).

Criminal and civil penalties under the national law

The Order cites national law provisions for civil and criminal sanctions without reproducing them. It alerts holders to consequences for false statements and for failing to provide required documentation (s 7 note; s 9 note). Sections 53-57 of the national law are noted as governing offences connected to certificates of operation (s 9 note 2), and ss 88-89 for marine incident reporting (Schedule 1 cl 15(4) note). The specific penalty amounts and categorisations are in the national law and not repeated in the Marine Order text.

Powers of marine safety inspectors and AMSA

Inspectors can request and examine required records and logbooks. Failure to provide relevant records when requested is an offence under s 83 of the national law (s 9 note and Schedule 1 cl 15 note 2).
AMSA also has administrative powers to suspend, vary or revoke certificates and to impose conditions (ss 9, 12-14). The Order permits AMSA to impose “other conditions” on certificates per paragraph 48(4)(b) of the national law (s 9 note 1).

Procedural safeguards and review rights

The Order references statutory procedural protections: show cause notices before suspension (s 13 note), and the requirement for a show cause notice and 30‑day response period before revocation on AMSA’s initiative (s 14(3)). Certain AMSA decisions are reviewable under Marine Order 501 sections 16 and 17, for example determinations of appropriate crewing for large vessels (s 15(3)) and refusals of temporary crewing permits (s 16(4) note).
Applicants and holders may therefore expect both administrative processes (show cause, notification) and rights to seek review of particular AMSA decisions under Marine Order 501.

Operational enforcement levers

Suspension and revocation are the primary levers for addressing non‑compliance with operational and SMS obligations. The Order ties the requirement to maintain SMS and meet Schedule 1/2 obligations to the conditions of a certificate (s 9(e)), making failure to adhere to these standards potentially actionable through AMSA’s administrative powers and through the offence regime in the national law.
The Order also attaches practical obligations that enable detection and investigation: the duty to keep accessible records onshore and onboard (s 9(b)), the logbook and passenger manifest obligations (Schedule 1 clause 15), and obligations to report incidents and hazardous occurrences and keep corrective action records (Schedule 1 clause 13).

Primary legislative context

The Marine Order is made under the Marine Safety (Domestic Commercial Vessel) National Law 2012 (the national law), specifically using the regulation‑making and prescription powers identified in s 3(1) of the Order which cite Division 5 of Part 4, subsection 159(2) and paragraph 159(3)(a), subsection 159(1), and subsection 163(1) of the national law (s 3(1)(a)-(d)). The Order therefore supplements and operationalises statutory certificate provisions and regulatory offences in the national law.

Cross‑references to Marine Orders and national standards

Marine Order 501 (Administration , national law) is used as the procedural vehicle for applications, including Division 3 application processes (s 6(1)-(2), s 7(1), s 11(a)). Decisions created by this Order are reviewable under Marine Order 501 sections 16 and 17 where specifically noted (s 15(3), s 16(4) note).
Marine Order 505 (Certificates of competency , national law) is referenced for the definition of propulsion power and competence dimensions (s 4 definitions referencing Marine Order 505).
The Order incorporates the National Standard for Commercial Vessels (NSCV) Parts B, C and F1C by reference for vessel use categories, operational area categories, dangerous goods definitions and specific manuals that meet certain requirements (s 4 definitions; Schedule 1 clause 11(7) refers to NSCV Part F1C manuals).

International instruments

The ISM Code (International Safety Management Code under SOLAS) is explicitly recognised and may be used for Class 1-3 vessels as an alternative SMS standard to Schedule 1 (s 4 definitions; s 8(2)(b)(i)). The instrument therefore links domestic certificate requirements to internationally recognised ship safety management standards for higher‑class vessels.

State and Territory laws

The Order expressly recognises interaction with State and Territory work health and safety laws in relation to fatigue management (Schedule 1 clause 2 note) and refers to State and Territory recreational boating operator licensing regimes for Class 4 and personal watercraft operations (Schedule 2 clauses 3(7)-(8), 9(g)). It therefore requires owners to comply with relevant local licensing laws where applicable, and to consider those regimes when setting operator competency and age requirements.
Where an activity crosses jurisdictional lines, owners must ensure compliance with both the national law (as implemented by this Marine Order) and any applicable State/Territory law that overlays or supplements safety, licensing or environmental protections.

Criminal Code and general Commonwealth law

The Order invokes the Criminal Code offence for false and misleading information in applications (s 7 note referencing subsection 136.1(1) of the Criminal Code).
It also references general obligations in the national law (e.g. section 83 record production offence; sections 53-57 certificate‑related offences; sections 88-89 marine incident reporting offences) rather than reproducing penalty structures. Therefore, enforcement will use the national law’s suite of criminal, civil and administrative sanctions.

Standards and operational norms

The Order permits the National Regulator to adopt, apply or incorporate matters in other written instruments over time (s 3(4)). This mechanism means the Order will interact dynamically with other standards AMSA publishes or adopts, including technical manuals, guidance, approved forms and other Marine Orders, as well as industry codes of practice that AMSA might reference.

Practical interaction issues

Where the Order requires records both on board and onshore (s 9(b)), operators must design systems that satisfy both AMSA’s accessibility expectation and any privacy or data protection obligations under other Commonwealth or State laws when storing passenger or crew contact details (Schedule 1 clause 15(8)-(10)).
The Order’s reliance on NSCV and ISM materials means that changes to those instruments (as adopted by AMSA) can change practical compliance obligations because the Order says it may apply, adopt or incorporate materials in force from time to time (s 3(4)). Owners should track AMSA’s references and any NSCV/ISM updates.

Immediate amendment action in the instrument

The Marine Order explicitly repeals Marine Order 504 (Certificates of operation and operation requirements , national law) 2018 (s 1B). That is the sole express legislative history recorded inside this instrument.

Commencement

The instrument specifies the commencement date as 1 June 2025 (s 1A). The timing creates a deferred implementation window for industry to adopt the new SMS, crewing, recordkeeping and operational measures the Order prescribes.

References to ongoing update mechanisms

Section 3(4) enables AMSA to apply, adopt or incorporate other written instruments “in force or existing from time to time.” That provides a mechanism for future change in the content of prescribed matters without requiring a fresh Marine Order for every change , the Marine Order can incorporate external documents that may be updated outside of the Marine Order process. The Order also refers to “the latest version” of NSCV Part B, Part C and Part F1C in the definitions (s 4), which means AMSA’s references are to evolving external standards rather than static textual annexes. Practically, this means the operational substance of the Order can shift as AMSA updates incorporated instruments.

Notification of forms and fees

The Order notes AMSA’s website contains approved forms and prescribed fees for application and variation processes (s 7(1) note; s 11 note). These administrative instruments are not reproduced in the Marine Order text but form part of the operational environment and may be amended by AMSA.

Delegation and determination powers

Section 4(2) gives the National Regulator power to determine an operation of a kind for the lower complexity vessel exclusion in the definition of lower complexity vessel. That is an express delegation of substantive classification power to AMSA, permitting further adjustment without primary legislation.

What the Order does not record

The instrument does not include a running amendment log of previous Marine Orders except for the 2018 instrument it repeals. Any prior amendments or consolidations to the 2018 instrument are not reproduced here. The only explicit alteration recorded is the 2018 Order’s repeal.

Implication for stakeholders

Because the Order repeals and replaces a 2018 Order, stakeholders should compare current practices under the 2018 instrument with the 2024 instrument’s new or altered obligations (SMS articulation, Class 4 specific measures, minimum crewing table, temporary crewing permit provisions, five‑year crewing determinations for very large vessels and the 14‑day notification obligations). The deferred commencement to 1 June 2025 allows a predictable timetable to transition to the new regime.

No litigation referenced in the instrument

The Marine Order itself contains no reference to any court or tribunal decisions, appeals or litigation history. It names no cases, cites no judgments and sets out administrative processes and review rights as contained in Marine Order 501 (see s 6(1)-(2), s 15(3), s 16(4) note). The Order therefore provides no textual record of judicial interpretation or disputes about its provisions.

Administrative review pathways

While there is no litigation history recorded, the instrument creates reviewable decisions that may be challenged in administrative review processes or in courts if a party exhausts statutory review rights. For example, s 15(3) states that an AMSA determination on crewing for a vessel ≥80 m or ≥3000 GT or ≥3000 kW is a reviewable decision for sections 16 and 17 of Marine Order 501. Section 16(4) notes that refusal to issue a temporary crewing permit is also reviewable under Marine Order 501 sections 16-17. These references indicate administrative review, and potentially merits or judicial review pathways, are available as built into Marine Order 501’s framework. The specific scope of review rights and applicable tribunals will be contained in Marine Order 501 and the national law.

Practical consequence for potential litigants

The Order’s emphasis on AMSA decision‑making and review mechanisms (Marine Order 501) means disputes will most likely appear first in administrative review channels. If parties pursue judicial review (for example under the Administrative Decisions (Judicial Review) Act 1977) or seek merits review where available, the applicable grounds and remedies will be tested in cases that may follow. Those processes are not detailed in this Order, but the references to reviewable decisions (s 15(3); s 16(4) note) create the procedural starting point for any challenge.

Absence of case law could mean interpretive uncertainty

Because no decided cases are cited or summarised, and because the Order allows AMSA to adopt or incorporate external instruments “from time to time” (s 3(4)), points of legal interpretation (for example, the scope of “readily accessible” records, the boundary between Class 4 and lower complexity vessels, or the proper construction of “appropriate crewing”) may not have been litigated at the time of the instrument’s drafting. Operators should therefore be prepared for regulatory guidance and possible future case law to shape the practical meaning of some provisions.

Key areas where routine assumptions can lead to non‑compliance

“Recorded and readily accessible” is not the same as “kept somewhere”: The SMS must be “recorded so that it is readily accessible” (s 8(2)(a)). The Order allows electronic recording but requires a method that is reliable for accessibility purposes (s 8(2) note). Owners who rely solely on a single electronic document stored on an unsecured device, or onboard only without onshore access where practicable, risk breaching s 9(b) which requires onshore records where practicable. Back‑ups are explicitly required for electronic logbooks (Schedule 1 clause 15(3)).
Class 4 is not a “light touch” by default: Several Schedule 1 clauses do not apply to Class 4 vessels, but Schedule 2 contains a suite of additional, often prescriptive requirements (Schedule 1 cl 2 note; Schedule 2 clauses 1-9). Operators of hire‑and‑drive, takeaway and personal watercraft operations must pay close attention to Schedule 2’s requirements on designated cruising area boundaries, participant competency and age, supervision (tour leaders and guides), briefing content, and equipment provisioning (Schedule 2 clauses 1-7, 9).
Lower complexity vessel definition is narrow and disqualifying events are discretionary: A “lower complexity vessel” requires multiple conditions including being <7.5 m and not carrying dangerous goods, and excludes certain installations and operations (s 4 definition). The National Regulator may determine operations excluded from the lower complexity class for safety reasons (s 4(2)), so an owner’s presumption that a vessel qualifies may be upset by an AMSA determination.
Minimum crewing table is not optional and has exceptions that need documentation: The minimum crewing table (Schedule 1 clause 8(2)) sets baselines by vessel length. Owners relying on older crewing regimes must confirm whether the “existing vessel” exception applies (Schedule 1 clause 8(3)(b)(i) references s 5 definition of existing vessel). Temporary crewing permits are available (s 16), but conditions are strict: the owner must show the temporary crewing is safe and that minimum crewing would be impracticable or cause unreasonable expense (s 16(2)(a)-(c)).
Temporary crewing cannot reduce the master role on larger vessels unless force majeure: For vessels ≥24 m, a temporary crewing permit cannot remove or alter the master’s role unless there is a force majeure event (s 16(3)). Owners may not reduce high‑level responsibilities via temporary permits.
Certificates are not transferable: s 9(g) bars transfer. Transfer of ownership will therefore often require variation or re‑issue processes and could have unexpected timing consequences for operations around sale, modification or scrapping (s 17 prescribes 14 days’ notice).
Two‑way recordkeeping requirement: Where Schedule 1 or 2 require matters to be recorded, s 9(b) requires retention both onboard and onshore where practicable. This dual custody is a practical concern for small operators and may affect how they structure their record systems.
The Order cross‑references many external documents: Compliance often requires aligning with NSCV Parts, ISM Code elements, Marine Order 501 processes and approved forms/fees available on AMSA’s website (s 8 notes, s 7 notes). This network of references can create compliance gaps if an operator relies on the Marine Order alone without checking AMSA guidance and the latest NSCV versions. Section 3(4) permits incorporation of external written instruments “from time to time”, which can alter obligations without a separate Marine Order amendment.
Notification timelines are strict: Owners must notify AMSA in writing at least 14 days before certain changes to operations or 14 days after sale or sinking (s 9(f)(i)-(iii); s 17). Failing to meet these timelines could expose operators to enforcement or administrative action.
Penalty traps for inaccurate applications and records: The instrument highlights that providing false or misleading information is a Criminal Code offence and that failing to provide required records can be an offence under the national law (s 7 note; s 9 note). The practical implication is that applicants must audit the accuracy of application statements and maintain records that can be promptly produced.
“Appropriate crewing” is owner‑determined but AMSA monitors and can require determinations: Owners must determine appropriate crewing for each kind of operation (Schedule 1 clause 6) and document the process. For very large vessels, AMSA must determine appropriate crewing every five years (s 15). Operators should avoid ad hoc, undocumented crewing decisions.

Substantive trade‑offs and risk areas

Administrative and recordkeeping cost: The Order prescribes a broad set of documents, records, reviews and retention periods (Schedules 1 and 2). Small operators (especially in the hire‑and‑drive sector) will bear administrative costs to meet the “readily accessible” records tests and to retain and back up logbooks and training records for five years (Schedule 1 clauses 9(7), 15(6)).
Potential increased crewing costs: The minimum crewing table may increase labour cost for certain vessel sizes unless exemptions apply. Where owners currently operate with smaller crews, they may need to recruit or apply for temporary permits (Schedule 1 clause 8; s 16).
AMSA discretion and variability: AMSA has delegated power to determine that certain operations are not lower complexity and may adopt external instruments “from time to time” (s 4(2); s 3(4)). This creates an implementation risk where compliance expectations shift as AMSA exercises those powers or incorporates evolving NSCV/ISM standards.

Checklist and immediate steps for owners and operators

Track commencement: Prepare to comply by 1 June 2025 (s 1A). Use the deferred period to align documents, procedures, training and records systems to the new requirements.
Application practice: When applying for issue or reissue of a certificate of operation, include the mandated written statement that an SMS is in place for each vessel covered by the application (s 7(2)). Apply using the processes in Marine Order 501 and the approved AMSA forms and fees (s 7(1) note; s 11 note).
Prepare and record an SMS meeting the correct standard:
- For Class 1-3 vessels: adopt Schedule 1 or Part A of the ISM Code together with Schedule 1 paragraphs 2(3)(f) and 11(5)(e)-(f) (s 8(2)(b)(i)). Ensure the SMS is “recorded so that it is readily accessible” (s 8(2)(a) and note).
- For Class 4 vessels: comply with Schedule 1 and Schedule 2 to the extent applicable (s 8(2)(b)(ii)); Schedule 2 contains specific risk assessment, briefing, participant competency and equipment requirements tailored to hire‑and‑drive and takeaway operations.
- Use written or electronic records but ensure redundancy and reliable accessibility (s 8(2) note; Schedule 1 clause 15(3) for backups).
Document risk assessments and procedural controls:
- Produce a risk assessment that meets Schedule 1 clause 2 contents and Schedule 2 clause 1 for Class 4 vessels (Schedule 1 cl 2(2)-(3); Schedule 2 cl 1). Include daily tasks, unacceptable risks, responsible persons, fatigue management, lifejacket rules and passenger monitoring arrangements (Schedule 1 cl 2(3)(a)-(f)).
- Ensure risk assessments are prepared in consultation with master and crew, recorded, kept up to date and provided on request (Schedule 1 cl 2(2)(a)-(d)).
- For Class 4 vessels identify designated cruising area boundaries, navigation hazards, speed/direction restrictions, and pollution mitigation in the risk assessment (Schedule 2 cl 1).
Crewing and staffing:
- Determine and record appropriate crewing for each kind of operation and document the factors considered (Schedule 1 clause 6(2)-(5)). Ensure documentation addresses fatigue, tasks, qualifications, technological aids and emergency preparedness.
- Check the minimum crewing table and ensure staffing meets or exceeds the table unless you qualify for exceptions or have an AMSA temporary crewing permit (Schedule 1 cl 8(2)-(3); s 16). For vessels ≥80 m or ≥3000 GT or ≥3000 kW apply to AMSA at least every five years for an AMSA determination (s 15(1)).
Training, induction and records:
- Implement induction, emergency procedure training and drills as required (Schedule 1 clause 9). Keep training and drill records for 5 years (Schedule 1 clause 9(7)).
- Ensure at least one person has HLTAID011 or equivalent first aid certification and that a radio operator is present as required (Schedule 1 clause 10).
- For tour leaders and certain Class 4 roles ensure competence and first aid certification where required (Schedule 2 clause 5).
Emergency planning and drills:
- Prepare an emergency plan addressing the listed contingencies (Schedule 1 clause 12(2)-(3)), include assembly stations, crew assignments and passenger assembly information where applicable (Schedule 1 clause 12(4)-(5)).
- For Class 4 vessels display laminated emergency procedures where practical (Schedule 2 clause 4(2)-(3)).
Records, logbooks and manifests:
- Maintain logbooks that are legible, accessible, truthful and backed up if electronic. Record specified items such as injuries, incidents, communications and passenger counts (Schedule 1 clause 15(2)-(6)). Retain relevant logbook entries for at least 5 years (Schedule 1 clause 15(6)).
- For passenger voyages ≥12 hours keep a passenger manifest (Schedule 1 clause 15(7)-(8)). Maintain crew lists with certificates and join/leave dates (Schedule 1 clause 15(9)-(10)).
Maintenance systems:
- Implement a regular programmed inspection and maintenance system that records inspections and corrects deficiencies (Schedule 1 clause 14(1)-(4)). Service vessels according to manufacturers’ specifications (Schedule 1 clause 14(5)).
Procedures for operations and passenger monitoring:

Record procedures for key operations, passenger monitoring, pre‑operating checks, start/shut down, mooring and berthing, lifejacket management and passenger induction where applicable (Schedule 1 clause 11(2)-(5)). Adopt passenger count procedures for voyages meeting the specified criteria (Schedule 1 clause 11(5)(h)-(i)).

Class 4 specific measures:

Ensure pre‑operating checks are carried out before the hirer or participant takes control (Schedule 2 clause 2(1)-(2)). Assess and set maximum participant numbers, minimum competencies, ages and medical requirements (Schedule 2 clause 3). Limit maximum persons to no more than 12 or the vessel maximum permitted under national law (Schedule 2 clause 3(4)).
Provide briefings covering the risk assessment matters before control is taken (Schedule 2 clause 6), ensure all necessary safety equipment is on board at handover (Schedule 2 clause 7), and maintain written records suitable for incident investigation (Schedule 2 clause 8).

Notification and change management:

Give AMSA at least 14 days’ written notice before changing the nature of operations or before alterations or replacements affecting electrical systems, machinery, stability or watertight integrity (s 9(f)(i)-(ii)). Notify within 14 days after sale, sinking, scrapping or modification (s 17).

Governance and designated persons:

Appoint and record at least one designated person responsible for monitoring vessel safety and ensuring shore support (Schedule 1 clause 4(2)-(4)), unless the owner is permitted to be the designated person for certain lower complexity vessels (Schedule 1 clause 4(1)).

Evidence and audit readiness:

Keep documentary evidence showing how crewing determinations were made, risk assessments undertaken, training given and safety equipment issued. Be ready to produce records to AMSA or an inspector on request (s 9 note; Schedule 1 clause 2(2)(d)).

Use AMSA forms and follow Marine Order 501 processes:

Make applications, variations and requests for suspension or revocation using the approved forms and pay prescribed fees as noted on AMSA’s website (s 7(1) note; s 11 note). If seeking a temporary crewing permit follow the criteria in s 16 and prepare to demonstrate impracticability or unreasonable expense of meeting minimum crewing.

Practical tips and risk mitigation

Start by mapping your operations to vessel class (Class 1-4), operational area categories and whether your vessel meets the “lower complexity” definition (s 4). That mapping determines which schedule provisions apply and which exemptions are available.
For small operators, centralise records with an onshore copy and a reliable onboard backup in recognisable formats. Test accessibility regularly and during crew inductions.
Document the reasoning for all “appropriate crewing” determinations. If AMSA queries crewing in an inspection or show cause process, documented risk assessments and crew competency records will be essential.
Implement a simple, auditable passenger count or monitoring system where required under Schedule 1 clause 11(5)(g)-(h).
Review State or Territory licensing requirements for recreational operator licences and align hirer competency checks for Class 4 and personal watercraft operations (Schedule 2 clauses 3(7)-(8), 9(g)).
Use the six months until commencement (if still before 1 June 2025) to run trial drills, ensure first aid and radio competency, and test record production in response to simulated AMSA requests.

Document retention summary

Training and drill records: retain 5 years (Schedule 1 clause 9(7)).
Logbook entries: retain at least 5 years (Schedule 1 clause 15(6)).
Records of hazardous occurrences and non‑conformance investigations: keep records (Schedule 1 clause 13(2)).
Records of vessel modifications affecting stability: keep description and date of modification (Schedule 1 clause 15(11)-(12)).

By following the steps above and ensuring AMSA’s forms, NSCV and ISM references are consulted, owners and operators can structure an SMS and operational systems that align with the Marine Order’s requirements and the national law’s enforcement regime.

Marine Order 504 (Certificates of operation — national law) 2024

Plain English Summary

Deep Dive

What it does

Current sections

Marine Order 504 (Certificates of operation — national law) 2024

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provided the vessel is <3000 GT and <3000 kW

Source text: opening excerpt

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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