Part 1
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Commonwealth act
The Navigation Act 2012 is Australia’s main maritime law setting safety, seafarer qualification and pollution rules for ships operating in Australian waters and ports. It gives effect to key international conventions and empowers AMSA to inspect, detain and enforce standards.
It affects ship owners/operators, seafarers, pilots and visiting foreign vessels by imposing certification, seaworthiness and compliance obligations with serious penalties for breaches; it generally does not apply to private recreational boats.
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Direct links to the current provisions in Navigation Act 2012.
This Act may be cited as the Navigation Act 2012.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>13</span><span> </span><span>September 2012</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 343</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L00596)</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are: (a) to promote the safety of life at sea; and (b) to promote safe navigation; and (c) to prevent pollution of the marine environment; and (d) to ensure that AMSA has the necessary power to carry out inspections of vessels and enforce national and international standards.
Overview of this Act (1) This Act is about maritime safety, seafarers and the prevention of pollution of the marine environment. It provides for matters relating to the following: (a) seafarers (Chapter 2); (b) the safety of regulated Australian vessels and foreign vessels (Chapter 3); (c) prevention of pollution (Chapter 4); (d) tonnage (Chapter 5); (e) the safety of navigation (Chapter 6); (f) wrecks and salvage (Chapter 7); (g) complying with, and enforcing, this Act (Chapter 8); (h) other general matters that relate to the above (Chapter 9). Overview of the rest of this Chapter (2) The rest of this Chapter deals with: (a) the application of this Act, including how it interacts with certain State and Territory laws and its geographical application (Part 3); and (b) definitions that are used in this Act (Part 4); and (c) provisions that enable a vessel that would not otherwise be a regulated Australian vessel to opt in to coverage (Part 5).
This Act extends to every external Territory.
This Act applies both within and outside Australia.
(1) This Act binds the Crown in each of its capacities. (2) Nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to all offences against this Act.
Despite sections 6 and 8, the master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality, does not: (a) commit an offence against this Act that relates to the vessel; or (b) contravene a civil penalty provision of this Act that relates to the vessel; unless, at the time when the conduct constituting the alleged offence or contravention occurs, the vessel is: (c) in an Australian port; or (d) entering or leaving an Australian port; or (e) in the internal waters of Australia; or (f) in the territorial sea of Australia, other than in the course of innocent passage.
Note: Certain provisions of this Act provide that this section does not apply to specified offences and civil penalty provisions.
This Act does not apply to, or in relation to: (a) a warship or other vessel that: (i) is operated for naval or military purposes by Australia or a foreign country; and (ii) is under the command of a member of the Australian Defence Force or of a member of the armed forces of the foreign country; and (iii) bears external marks of nationality; and (iv) is manned by seafarers under armed forces discipline (however described); or (b) a Government vessel that is used only on government non‑commercial service as a naval auxiliary; or (c) a vessel used by a foreign country for customs or law enforcement purposes.
An Australian Border Force vessel that would, apart from this section, not comply with a provision of Chapter 2, 3 or 6, or a person who would, apart from this section, not comply with a provision of those Chapters in relation to an Australian Border Force vessel, is taken to comply with that provision if: (a) there is a document (the Australian Border Force vessel management plan) that: (i) has been prepared, reviewed and accepted in accordance with the regulations; and (ii) relates to the Australian Border Force vessel or person; and (iii) specifies requirements to be met by the Australian Border Force vessel or the person in relation to that provision; and (b) the Australian Border Force vessel or the person complies with the requirements of the Australian Border Force vessel management plan in relation to that provision.
A provision of this Act that gives effect to a provision of: (a) the Safety Convention; or (b) the Prevention of Pollution Convention; or (c) the Prevention of Collisions Convention (in relation to an area other than the high seas); or (ca) the Maritime Labour Convention; does not apply in relation to a domestic commercial vessel, or a recreational vessel that has Australian nationality, when the vessel is in an area if: (d) a provision of the Marine Safety (Domestic Commercial Vessel) National Law gives effect to that provision of the Convention in relation to that vessel when it is in that area; or (e) if paragraph (d) does not apply—a provision of a law of a State or the Northern Territory gives effect to that provision of the Convention in relation to that vessel when it is in that area.
(1) Regulations giving effect to the Container Convention do not apply in relation to a container in a State or in the Northern Territory to the extent that a law of that State or Territory, as the case may be, makes provision giving effect to that Convention in relation to that container. (2) Structural safety requirements or tests that are not required or permitted by the Container Convention to be imposed on containers to which that Convention applies are not to be imposed by or under a law of a State or Territory on such containers.
(1) In this Act:
accommodation includes sleeping rooms, mess rooms, duty rooms, recreation facilities, storerooms, change rooms, lockers, galleys, refrigerating chambers, sanitary facilities, hospital accommodation, office accommodation and catering accommodation.
agency:
(a) of the Commonwealth, includes the following:
(i) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);
(ii) a body corporate established for a public purpose by or under a law of the Commonwealth; and
(b) of a State or a Territory, includes the following:
(i) a Department of State (however described) of the State or Territory;
(ii) a body corporate established for a public purpose by or under a law of the State or Territory.
aggravated contravention: see section 144.
aid to navigation means:
(a) a lighthouse, lightship, beacon or buoy; or
(b) an electronic aid that is used as an aid to marine navigation, such as a meteorological or oceanographic sensor, satellite navigation system or global positioning system; or
(c) maritime communications equipment and infrastructure; or
(d) any other structure, mark, device or apparatus that is an aid to marine navigation;
but does not include any device or apparatus that forms part of the equipment of a vessel (unless the vessel is a lightship).
alcohol test means a test under section 78.
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
AMSA aid to navigation means an aid to navigation that is owned or controlled by AMSA.
approved form means a form approved under section 338.
article in the course of post means an article that is being carried by or through the Australian Postal Corporation, and includes an article that has been collected or received by the Australian Postal Corporation for carriage by post, but has not been delivered by the Australian Postal Corporation.
Australia includes the external Territories.
Australian‑based foreign Greater Sunrise vessel means a foreign Greater Sunrise vessel that operates from an Australian port.
Australian Border Force vessel: see section 17.
Australian nationality: a vessel has Australian nationality if it is a ship that has Australian nationality within the meaning of the Shipping Registration Act 1981.
Australian port means:
(a) an Australian port; or
(b) a port in the Great Barrier Reef Region.
cargo of a vessel does not include ballast for the vessel or goods intended for consumption on the vessel.
Note: Example: Ship’s stores and fuel that are intended for consumption on the vessel are not cargo of the vessel.
child of a person includes a person who is a child of the person within the meaning of the Family Law Act 1975.
civil penalty order: see section 291.
civil penalty provision means a provision for whose contravention another provision states that a person is liable to a civil penalty.
close quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision.
coastal sea of Australia means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;
and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea.
compulsory pilotage area: see subsection 163(1).
constable has the meaning given by section 3 of the Crimes Act 1914.
container has the same meaning as in the Container Convention.
Container Convention means the International Convention for Safe Containers, done at Geneva on 2 December 1972, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1981 No. 3 ([1981] ATS 3). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
dangerous goods has the same meaning as in Chapter VII of the Safety Convention.
de facto partner has the meaning given by the Acts Interpretation Act 1901.
domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law.
drug test means a test under section 79.
eligible court means:
(a) the Federal Court of Australia; or
(b) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
enforcement powers: see section 260.
enforcement warrant means:
(a) a warrant issued under section 287; or
(b) a warrant signed by a magistrate under section 288.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
evidential material means:
(a) in relation to an offence against this Act:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.
foreign‑based foreign Greater Sunrise vessel means a foreign Greater Sunrise vessel that operates from a port in a foreign country other than Timor‑Leste.
foreign Greater Sunrise vessel means a foreign vessel that:
(a) does not have the nationality of Timor‑Leste; and
(b) is engaged in Petroleum Activities (within the meaning of the Timor Sea Maritime Boundaries Treaty) in the Greater Sunrise special regime area; and
(c) is at, or travelling to or from, a Special Regime Installation (within the meaning of that treaty).
foreign vessel means a vessel:
(a) that does not have Australian nationality; and
(b) that is not a recreational vessel.
Government vessel means a vessel:
(a) that belongs to the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory; or
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub‑demised to the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory.
Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975.
Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.
harbour means a natural or artificial harbour, and includes:
(a) a navigable estuary, river, creek or channel; or
(b) a haven, roadstead, dock, pier, jetty or offshore terminal; or
(c) any other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
historic wreck means:
(a) remains or articles covered by paragraph 16(1)(a) or (b) of the Underwater Cultural Heritage Act 2018; or
(b) remains or articles covered by a declaration made in relation to item 1 or 2 of the table in subsection 17(5) of that Act; or
(c) remains or articles covered by a provisional declaration made in relation to item 1 or 2 of the table in subsection 19(5) of that Act.
home port of a seafarer means:
(a) the port specified in the seafarer’s work agreement as the home port of the seafarer; or
(b) if there is no home port of the seafarer specified in a work agreement—the port at which the seafarer embarked.
improvement notice means a notice given under section 265.
industrial personnel has the same meaning as in the Safety Convention.
industrial personnel vessel means a vessel that is prescribed by the regulations for the purposes of this definition.
inspector means a person appointed as an inspector under subsection 254(1).
internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
International Tonnage Certificate (1969) means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the Tonnage Convention.
issuing body means AMSA or a recognised organisation.
length overall, of a vessel, has the meaning given by section 20.
licensed pilot means a person who is licensed as a pilot under regulations made for the purposes of Part 2 of Chapter 6.
Limitation of Liability for Maritime Claims Convention means the Convention on Limitation of Liability for Maritime Claims, done at London on 19 November 1976, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 12 ([1991] ATS 12). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Load Lines Convention means the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1968 No. 23 ([1968] ATS 23). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
make fast to an object means use the object as a mooring.
mandatory ship routeing system means a ship routeing system that is:
(a) adopted or mandated by the International Maritime Organization; and
(b) prescribed by the regulations;
as in force from time to time.
marine incident means any of the following:
(a) a death of, or injury to, a person associated with the operation or navigation of a vessel;
(b) the loss or presumed loss of a vessel;
(c) a collision of a vessel with another vessel;
(d) a collision of a vessel with an object;
(e) the grounding, sinking, flooding or capsizing of a vessel;
(f) a fire on board a vessel;
(g) a loss of stability of a vessel that affects the safety of the vessel;
(h) the structural failure of a vessel;
(i) a close quarters situation;
(j) an event that results in, or could have resulted in:
(i) the death of, or injury to, a person on board a vessel; or
(ii) the loss of a person from a vessel; or
(iii) a vessel becoming disabled and requiring assistance;
(k) the fouling or damaging by a vessel of:
(i) any pipeline or submarine cable; or
(ii) any aid to navigation;
(l) an incident that is prescribed by the regulations and involves a vessel.
Marine Order: see section 342.
Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
Maritime Labour Convention means the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006, as amended and in force for Australia from time to time.
master means the person who has command or charge of a vessel, but does not include a pilot.
member of a person’s family includes the following:
(a) a de facto partner of the person;
(b) a child of the person;
(c) a parent, grandparent, grandchild or sibling of the person.
monitoring powers has the meaning given by section 259.
monitoring warrant means a warrant issued under section 286.
nautical publication includes the following:
(a) sailing directions;
(b) lists of lights;
(c) notices to mariners;
(d) tide tables.
navigates without a licensed pilot has the meaning given by section 21.
non‑Convention tonnage certificate means a tonnage certificate other than an International Tonnage Certificate (1969).
non‑Tonnage Convention vessel means a vessel to which the Tonnage Convention does not apply.
officer means the master, mate or engineer of a vessel.
officer of Customs means an officer of Customs within the meaning of the Customs Act 1901.
official logbook means a logbook kept in accordance with regulations made for the purposes of section 309.
operate a vessel means:
(a) determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway; or
(b) load or unload the vessel when it is moored or berthed.
opt‑in declaration, in relation to a vessel, means a declaration under subsection 25(2) in relation to the vessel.
overloaded, in relation to a vessel, has the meaning given by regulations made for the purposes of paragraph 113(a).
overseas voyage: see section 16.
owner of a vessel means one or more of the following:
(a) a person who has a legal or beneficial interest in the vessel, other than as a mortgagee;
(b) a person with overall general control and management of the vessel;
(c) a person who has assumed responsibility for the vessel from a person referred to in paragraph (a) or (b).
For the purposes of paragraph (b), a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel.
passenger means a person carried on board a vessel with the knowledge or consent of the owner of the vessel or his or her representative, or of the charterer or master of the vessel, other than:
(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; or
(b) a person on board the vessel:
(i) under an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons; or
(ii) because of circumstances that could not have been prevented by the owner, charterer, agent or master of the vessel; or
(c) a child under the age of 1 year; or
(d) if the vessel is a special purpose vessel—special personnel in relation to the vessel; or
(e) if the vessel is an industrial personnel vessel—industrial personnel on board the vessel.
pilot means a person who does not belong to, but has the conduct of, a vessel.
pilotage provider includes a person who is responsible for the following:
(a) training pilots;
(b) the safe transfer and operation of pilots;
(c) assigning or allocating a pilot to the transit of a vessel through particular waters;
(d) undertaking such other activities in relation to pilotage as are prescribed by the regulations;
irrespective of the legal relationship, contractual or otherwise, between that person and the pilot concerned.
pollution certificate means a certificate issued under section 132.
port includes a harbour.
PPSA security interest means a security interest within the meaning of the Personal Property Securities Act 2009.
premises includes the following:
(a) a structure, building, vehicle or vessel;
(b) a place (whether or not enclosed or built upon);
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
Prevention of Collisions Convention means the Convention on the International Regulations for Preventing Collisions at Sea, done at London on 20 October 1972, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1980 No. 5 ([1980] ATS 5). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Prevention of Pollution Convention has the same meaning as the Convention has in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
proceeding on a voyage: a vessel is taken to be proceeding on a voyage from the time when it is got underway for the purpose of proceeding on the voyage until the time when it is got underway for the purpose of proceeding on another voyage.
prohibition notice means a notice given under section 267.
Protected Zone means the zone that is:
(a) established under Article 10 of the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as amended and in force for Australia from time to time; and
(b) the area bounded by the line described in Annex 9 to that Treaty.
Note: The text of the Treaty is set out in Australian Treaty Series 1985 No. 4 ([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
recognised organisation means an organisation that is prescribed by the regulations for the purposes of this definition.
record of service means a record of service, however described, and includes articles of agreement.
recreational vessel means a vessel that is not for use in connection with a commercial, governmental or research activity.
Note: A recreational vessel can include a vessel that does not have Australian nationality.
regulated Australian vessel: see section 15.
regulations (except in subsections 331(2), 339(1), 341(2), 342(1) and 343(1) and any other provision where the context indicates otherwise) includes Marine Orders made under subsection 342(1).
ride by an object means go close to the object in such a way as to create a significant wash that affects the object.
safety certificate means a certificate issued under section 100.
Safety Convention means 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.
Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22 ([1983] ATS 22). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Salvage Convention means the International Convention on Salvage, done at London on 28 April 1989, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1998 No. 2 ([1998] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
salvage operation means any act or activity undertaken to assist a vessel or any other property not permanently and intentionally attached to the shoreline (including freight at risk) in danger in any waters.
seafarer means any person who is employed or engaged or works in any capacity (including that of master) on board a vessel on the business of the vessel, other than the following:
(a) a licensed pilot of the vessel (acting as such a pilot);
(b) an owner of the vessel or a person (except the master) representing the owner;
(c) law enforcement personnel (in their capacity as law enforcement personnel);
(d) if the vessel is a special purpose vessel—special personnel in relation to the vessel;
(da) if the vessel is an industrial personnel vessel—industrial personnel on board the vessel;
(e) a person temporarily employed on the vessel in port;
(f) a person prescribed by the regulations.
seafarer certificate means a certificate issued under section 31.
seafarer’s vessel means the vessel on which the seafarer concerned is employed, is engaged or works.
seaworthy: see section 23.
special personnel, in relation to a special purpose vessel, means a person who is carried on board the vessel in connection with the special purpose of the vessel.
special purpose vessel: see section 18.
STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London on 7 July 1978, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1984 No. 7 ([1984] ATS 7). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
substandard: see section 24.
taken to sea: see section 22.
this Act includes regulations and other legislative instruments made under this Act.
Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.
Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
tonnage certificate means a certificate issued under section 155.
Tonnage Convention means the International Convention on Tonnage Measurement of Ships, done at London on 23 June 1969, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
unclaimed wreck means any wreck in respect of which no claim has been made during the period of a year beginning when AMSA first publishes a notice under section 234 in relation to the wreck.
United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
vessel means any kind of vessel used in navigation by water, however propelled or moved, and includes the following:
(a) a barge, lighter or other floating craft;
(b) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.
vessel traffic service means a navigational service implemented under a law of the Commonwealth or of a State or Territory and in accordance with guidelines for vessel traffic services adopted by the International Maritime Organization on 27 November 1997 to improve the safety and efficiency of vessel traffic and to protect the environment, as in force from time to time.
vessel traffic service authority means an entity authorised by AMSA to provide a vessel traffic service.
warrant means a monitoring warrant or an enforcement warrant.
work agreement means an agreement that is made between a seafarer and the owner of the seafarer’s vessel.
wreck includes:
(a) a vessel that is wrecked, derelict, stranded, sunk or abandoned or that has foundered; and
(b) any thing that belonged to or came from a vessel mentioned in paragraph (a); and
(c) any thing that belonged to or came from a vessel in distress; and
(d) jetsam, flotsam and lagan.
(2) A reference in this Act to failure to do an act or thing includes a reference to refusing or neglecting to do that act or thing.
(1) A vessel is a regulated Australian vessel if: (a) under the Shipping Registration Act 1981, the vessel is registered, required to be registered or exempt under section 13 of that Act from that requirement; and (b) the vessel is not a recreational vessel; and (c) any of the following apply: (i) the vessel is proceeding on an overseas voyage or is for use on an overseas voyage; (ii) a certificate issued under this Act, other than a non‑Convention tonnage certificate or a certificate prescribed by the regulations, is in force for the vessel; (iii) an opt‑in declaration is in force for the vessel. (2) A vessel is a regulated Australian vessel if the vessel is an Australian Border Force vessel. (3) A vessel referred to in subparagraph (1)(c)(i) or (ii) is not a regulated Australian vessel if a declaration under section 19 is in force for the vessel. (4) A vessel in the course of construction is a regulated Australian vessel if the vessel is, after completion, for use as a vessel referred to in subparagraph (1)(c)(i) or subsection (2). (5) For the purposes of subsection (4), a vessel that has been launched, but has not been completed and delivered, is taken to be a vessel in the course of construction.
(1) A vessel’s voyage is an overseas voyage if in the course of the voyage the vessel is present in waters outside the outer limits of the exclusive economic zone of Australia. (2) Despite subsection (1), a vessel’s voyage is not an overseas voyage if: (a) the voyage commences from a port in Queensland and ends at the same port or another port in Queensland; and (b) as an incidental part of its voyage, the vessel is present in waters that are outside the outer limits of the exclusive economic zone of Australia but within the Protected Zone; and (c) the vessel is not otherwise present in waters that are outside the outer limits of the exclusive economic zone of Australia. (3) Despite subsection (1), a vessel’s voyage is not an overseas voyage if the presence of the vessel in waters outside the outer limits of the exclusive economic zone of Australia is because of stress of weather, saving life at sea or other unavoidable cause.
(1) A vessel is an Australian Border Force vessel if it is: (a) used or for use for the purposes of the Australian Border Force (within the meaning of the Australian Border Force Act 2015); and (b) declared by AMSA by written instrument under subsection (2) to be an Australian Border Force vessel. (2) AMSA may make a declaration that a vessel, or vessel included in a class of vessels, is an Australian Border Force vessel. (3) A declaration made under subsection (2) is not a legislative instrument.
A vessel is a special purpose vessel if it is: (a) a vessel that is used or for use for a purpose specified in the regulations; and (b) specified by the regulations to be a special purpose vessel for the purposes of this section.
(1) AMSA may, by written instrument, make a declaration that a vessel, or vessel included in a class of vessels, is not a regulated Australian vessel. (2) AMSA may make the declaration if AMSA is satisfied of such matters as are prescribed by the regulations. (3) A declaration made under subsection (1) is not a legislative instrument.
(1) Subject to subsection (2), the length overall of a vessel is 110% of the length as shown on the vessel’s load line certification. (2) If the length overall of a vessel cannot be worked out under subsection (1), the length overall is taken to be the distance between: (a) a vertical line passing through a point that is the foremost part of the bow; and (b) a vertical line passing through a point that is the aftermost part of the stern.
(1) Subject to subsection (2), a vessel navigates without a licensed pilot if the vessel does not have a licensed pilot on board to assist the master in navigating it. (2) If: (a) apart from this subsection, a vessel navigates without a licensed pilot; and (b) the vessel is being towed by another vessel that is navigating with a licensed pilot; the vessel under tow is to be treated as if it had a licensed pilot on board to assist the master in navigating it.
(1) A vessel is taken to sea if the vessel: (a) goes to sea, plies, runs or proceeds on a voyage; or (b) has been got underway for the purpose of going to sea, plying, running or proceeding on a voyage. (2) Despite subsection (1), a vessel is not taken to sea merely because the vessel has been got underway for the purpose of moving it from one berth or place in a port to another berth or place in the port.
A vessel is seaworthy if, and only if: (a) it is in a fit state as to the condition of hull and equipment, boilers (if any) and machinery, the stowage of ballast or cargo, the number and qualifications of seafarers, and in every other respect, to: (i) encounter the ordinary perils of the voyage undertaken; and (ii) not pose a threat to the environment; and (b) it is not overloaded; and (c) the living and working conditions on board the vessel do not pose a threat to the health, safety or welfare of the vessel’s seafarers.
Note: An unseaworthy vessel can be detained under section 248.
A vessel to which the Safety Convention, the Load Lines Convention, the Prevention of Pollution Convention or the Maritime Labour Convention applies is substandard, in relation to the condition of the vessel or its equipment in respect of a particular voyage or operation of the vessel, if: (a) a certificate required by the Convention concerned for the proposed voyage or operation is not in force; or (b) both: (i) one or more certificates required by the Convention concerned for the proposed voyage or operation are in force; and (ii) the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate or certificates.
Note: A substandard vessel can be detained under section 248.
(1) The owner, or any of the owners, of a vessel may apply to AMSA for a declaration (an opt‑in declaration) that the vessel is a regulated Australian vessel. (2) AMSA must, by written instrument, make an opt‑in declaration for a vessel if AMSA is satisfied: (a) that the vessel is registered under the Shipping Registration Act 1981; and (b) that the vessel is seaworthy; and (c) that the vessel is not substandard (if applicable); and (d) of such other matters (if any) as are prescribed by the regulations. (3) AMSA must make a decision on an application under subsection (1) within 30 days of the making of the application. (4) An opt‑in declaration is not a legislative instrument. (5) AMSA must not make an opt‑in declaration other than as mentioned in subsection (2).
(1) An opt‑in declaration for a vessel ceases to be in force, unless sooner revoked: (a) at the end of the period, if any, specified in the declaration; or (b) when the vessel ceases to have Australian nationality. (2) AMSA must revoke an opt‑in declaration for a vessel if AMSA is requested to do so by the owner, or any of the owners, of the vessel and is satisfied of the matters prescribed by the regulations. (3) AMSA may vary an opt‑in declaration for a vessel if: (a) AMSA is satisfied that the name or any other details of the vessel have been changed since the making of the declaration; and (b) AMSA is satisfied that it is appropriate to vary, rather than revoke, the declaration. (4) AMSA may revoke an opt‑in declaration for a vessel if: (a) AMSA is satisfied that the vessel no longer exists or has been lost; or (b) AMSA is satisfied that the name or any other details of the vessel have been changed since the making of the declaration and that it is appropriate to revoke, rather than vary, the declaration; or (c) AMSA is no longer satisfied as mentioned in subsection 25(2) in relation to the vessel.
Chapter 2—Seafarers
(1) This Chapter deals with matters relating to seafarers. (2) Part 2 deals with seafarer certificates. (3) Part 3 provides for the issue of maritime labour certificates for regulated Australian vessels. (4) Part 4 deals with the manning of regulated Australian vessels and the engagement of seafarers. (5) Part 5 deals with the health, accommodation and welfare of seafarers of regulated Australian vessels and foreign vessels. (6) Part 6 provides for alcohol and drug testing of seafarers of regulated Australian vessels and foreign vessels. (7) Part 7 contains miscellaneous provisions that relate to seafarers of regulated Australian vessels and foreign vessels.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Navigation Act 2012.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>13</span><span> </span><span>September 2012</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 343</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L00596)</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are: (a) to promote the safety of life at sea; and (b) to promote safe navigation; and (c) to prevent pollution of the marine environment; and (d) to ensure that AMSA has the necessary power to carry out inspections of vessels and enforce national and international standards.
Overview of this Act (1) This Act is about maritime safety, seafarers and the prevention of pollution of the marine environment. It provides for matters relating to the following: (a) seafarers (Chapter 2); (b) the safety of regulated Australian vessels and foreign vessels (Chapter 3); (c) prevention of pollution (Chapter 4); (d) tonnage (Chapter 5); (e) the safety of navigation (Chapter 6); (f) wrecks and salvage (Chapter 7); (g) complying with, and enforcing, this Act (Chapter 8); (h) other general matters that relate to the above (Chapter 9). Overview of the rest of this Chapter (2) The rest of this Chapter deals with: (a) the application of this Act, including how it interacts with certain State and Territory laws and its geographical application (Part 3); and (b) definitions that are used in this Act (Part 4); and (c) provisions that enable a vessel that would not otherwise be a regulated Australian vessel to opt in to coverage (Part 5).
This Act extends to every external Territory.
This Act applies both within and outside Australia.
(1) This Act binds the Crown in each of its capacities. (2) Nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to all offences against this Act.
Despite sections 6 and 8, the master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality, does not: (a) commit an offence against this Act that relates to the vessel; or (b) contravene a civil penalty provision of this Act that relates to the vessel; unless, at the time when the conduct constituting the alleged offence or contravention occurs, the vessel is: (c) in an Australian port; or (d) entering or leaving an Australian port; or (e) in the internal waters of Australia; or (f) in the territorial sea of Australia, other than in the course of innocent passage.
Note: Certain provisions of this Act provide that this section does not apply to specified offences and civil penalty provisions.
This Act does not apply to, or in relation to: (a) a warship or other vessel that: (i) is operated for naval or military purposes by Australia or a foreign country; and (ii) is under the command of a member of the Australian Defence Force or of a member of the armed forces of the foreign country; and (iii) bears external marks of nationality; and (iv) is manned by seafarers under armed forces discipline (however described); or (b) a Government vessel that is used only on government non‑commercial service as a naval auxiliary; or (c) a vessel used by a foreign country for customs or law enforcement purposes.
An Australian Border Force vessel that would, apart from this section, not comply with a provision of Chapter 2, 3 or 6, or a person who would, apart from this section, not comply with a provision of those Chapters in relation to an Australian Border Force vessel, is taken to comply with that provision if: (a) there is a document (the Australian Border Force vessel management plan) that: (i) has been prepared, reviewed and accepted in accordance with the regulations; and (ii) relates to the Australian Border Force vessel or person; and (iii) specifies requirements to be met by the Australian Border Force vessel or the person in relation to that provision; and (b) the Australian Border Force vessel or the person complies with the requirements of the Australian Border Force vessel management plan in relation to that provision.
A provision of this Act that gives effect to a provision of: (a) the Safety Convention; or (b) the Prevention of Pollution Convention; or (c) the Prevention of Collisions Convention (in relation to an area other than the high seas); or (ca) the Maritime Labour Convention; does not apply in relation to a domestic commercial vessel, or a recreational vessel that has Australian nationality, when the vessel is in an area if: (d) a provision of the Marine Safety (Domestic Commercial Vessel) National Law gives effect to that provision of the Convention in relation to that vessel when it is in that area; or (e) if paragraph (d) does not apply—a provision of a law of a State or the Northern Territory gives effect to that provision of the Convention in relation to that vessel when it is in that area.
(1) Regulations giving effect to the Container Convention do not apply in relation to a container in a State or in the Northern Territory to the extent that a law of that State or Territory, as the case may be, makes provision giving effect to that Convention in relation to that container. (2) Structural safety requirements or tests that are not required or permitted by the Container Convention to be imposed on containers to which that Convention applies are not to be imposed by or under a law of a State or Territory on such containers.
(1) In this Act:
accommodation includes sleeping rooms, mess rooms, duty rooms, recreation facilities, storerooms, change rooms, lockers, galleys, refrigerating chambers, sanitary facilities, hospital accommodation, office accommodation and catering accommodation.
agency:
(a) of the Commonwealth, includes the following:
(i) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);
(ii) a body corporate established for a public purpose by or under a law of the Commonwealth; and
(b) of a State or a Territory, includes the following:
(i) a Department of State (however described) of the State or Territory;
(ii) a body corporate established for a public purpose by or under a law of the State or Territory.
aggravated contravention: see section 144.
aid to navigation means:
(a) a lighthouse, lightship, beacon or buoy; or
(b) an electronic aid that is used as an aid to marine navigation, such as a meteorological or oceanographic sensor, satellite navigation system or global positioning system; or
(c) maritime communications equipment and infrastructure; or
(d) any other structure, mark, device or apparatus that is an aid to marine navigation;
but does not include any device or apparatus that forms part of the equipment of a vessel (unless the vessel is a lightship).
alcohol test means a test under section 78.
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
AMSA aid to navigation means an aid to navigation that is owned or controlled by AMSA.
approved form means a form approved under section 338.
article in the course of post means an article that is being carried by or through the Australian Postal Corporation, and includes an article that has been collected or received by the Australian Postal Corporation for carriage by post, but has not been delivered by the Australian Postal Corporation.
Australia includes the external Territories.
Australian‑based foreign Greater Sunrise vessel means a foreign Greater Sunrise vessel that operates from an Australian port.
Australian Border Force vessel: see section 17.
Australian nationality: a vessel has Australian nationality if it is a ship that has Australian nationality within the meaning of the Shipping Registration Act 1981.
Australian port means:
(a) an Australian port; or
(b) a port in the Great Barrier Reef Region.
cargo of a vessel does not include ballast for the vessel or goods intended for consumption on the vessel.
Note: Example: Ship’s stores and fuel that are intended for consumption on the vessel are not cargo of the vessel.
child of a person includes a person who is a child of the person within the meaning of the Family Law Act 1975.
civil penalty order: see section 291.
civil penalty provision means a provision for whose contravention another provision states that a person is liable to a civil penalty.
close quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision.
coastal sea of Australia means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;
and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea.
compulsory pilotage area: see subsection 163(1).
constable has the meaning given by section 3 of the Crimes Act 1914.
container has the same meaning as in the Container Convention.
Container Convention means the International Convention for Safe Containers, done at Geneva on 2 December 1972, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1981 No. 3 ([1981] ATS 3). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
dangerous goods has the same meaning as in Chapter VII of the Safety Convention.
de facto partner has the meaning given by the Acts Interpretation Act 1901.
domestic commercial vessel has
This is an opening excerpt, not the complete document.