Navigation Regulations 2023

The instrument rests on several core concepts that structure the operational obligations and legal effects. Each is defined or given practical effect in the text and should be tracked by practitioners involved in ABF operations, recognised organisations, AMSA, insurers and counsel advising on maritime liability.

• ABF vessel management plan (s 5). Defined as an Australian Border Force vessel management plan within the meaning of section 11 of the Navigation Act 2012. The instrument sets out mandatory content for plans (s 7(2)), the processes for review by a recognised organisation (s 7), acceptance by AMSA (ss 8-9), amendment (ss 12-14) and reporting of non‑compliance (s 16).

• Recognised organisation (s 5 note and s 7). Recognised organisations are prescribed in Marine Orders (see note to s 5 and subsection 342(1) of the Act). Under these regulations a recognised organisation performs the technical review role: it may review a plan, take into account additional information provided by the Comptroller‑General (s 7(4)), and declare whether the plan adequately assesses risks and describes alternative requirements to mitigate them (s 7(5)). The recognised organisation also flags whether proposed amendments do or do not entail a “significant change” (s 12).

• AMSA’s acceptance function (ss 8-9, 14). AMSA is the decision‑maker for statutory acceptance of a plan or non‑significant amendment. Once satisfied an application complies with prescribed requirements, AMSA must accept the plan within 28 days (s 9(1)) and must accept non‑significant amendments where the application complies (s 14(1)). AMSA may specify commencement and end dates for acceptance, and may partially or wholly revoke previous acceptances where a new plan covers the same vessel or person (s 11).

• Comptroller‑General of Customs role (ss 7, 8, 10, 12, 13). The Comptroller‑General initiates submissions to a recognised organisation (s 7(1)), applies to AMSA for acceptance (s 8(1)), nominates contact persons (s 8(2)(c)), and must give AMSA written notice to end acceptance where it decides an acceptance should end for a vessel or person (s 10(1)).

• Significant change (s 5 definition). The instrument gives examples of what constitutes a significant change, including changes to certificates issued under the Act, repairs or modifications that substantially alter dimensions or passenger spaces or increase service life, and changes to the kind of operations described in the ABF plan (s 5). The recognised organisation determines whether an amendment relates to a significant change (s 12(2)).

• Reporting of non‑compliance (s 16). If a recognised organisation becomes aware of non‑compliance with an accepted plan, it must notify AMSA and provide relevant documentation as soon as practicable (s 16).

• Liability allocation for collisions and related damage (ss 18-20). The instrument imposes joint and several liability on owners when personal injury or death is caused by the fault of two vessels (s 18(1)), provides proportionate liability allocation by degree of fault where multiple vessels cause damage or loss (s 19(1)-(2)), and gives rights of contribution where one owner pays more than its share (s 20).

• Partial incorporation of Salvage Convention and interpretive note (s 21; Schedule 1). The instrument brings certain Salvage Convention articles into domestic law and records a conference “common understanding” concerning Articles 13 and 14 (Schedule 1), which addresses how tribunals may approach the interplay between awards of salvage reward and special compensation.

These concepts create a triangular governance structure: the Comptroller‑General initiates and manages ABF submissions; recognised organisations perform technical assurance and reporting; AMSA exercises statutory acceptance and revocation powers. The instrument ties that structure to liability allocation in navigation incidents and to an international salvage regime for salvage rewards and compensation.

The instrument directly affects a defined set of actors and indirectly affects related parties. The text establishes who has decision power and who bears compliance duties; it identifies the primary regulated entity as the Australian Border Force vessel and the administrative actors that oversee its regulatory accommodation.

Primary actors named in the instrument

• Australian Border Force vessels and the Commonwealth as operator. The ABF vessel is the core subject of the plans and any compliance variation (s 6). The plan must identify each vessel (s 7(2)(a)) and describe the operations it will conduct (s 7(2)(a)(ii)).

• Comptroller‑General of Customs. The Comptroller‑General submits plans to recognised organisations (s 7(1)), applies to AMSA for acceptance (s 8(1)), may propose commencement and expiry dates (s 8(3)), and must notify AMSA if the Comptroller‑General decides acceptance should end (s 10(1)). Under s 8(2)(c) the Comptroller‑General must supply contacts for plan management.

• Recognised organisations. They are given a statutory review role: they may review plans, take additional information into account, declare that a plan adequately assesses risks and mitigation (s 7(3)-(5)), determine whether an amendment is a “significant change” (s 12(2)), and must notify AMSA of non‑compliance if they become aware of it (s 16).

• Australian Maritime Safety Authority (AMSA). AMSA must accept qualifying applications for plans and amendments within 28 days (s 9(1), s 14(2)), may specify commencement and end dates for acceptances (s 9(2)), and may revoke prior acceptances partially or wholly when a new plan is accepted (s 11(2)-(4)).

Secondary actors affected

• Persons or classes of persons associated with ABF vessels. Plans can relate to non‑compliance by a particular person or a class of persons; the plan must identify them (s 7(2)(b)-(c)) and list each provision of the Act they will not comply with (s 7(2)(e)).

• Owners and insurers of other vessels. Liability provisions (ss 18-20) change the legal position of owners whose vessels are at fault in incidents resulting in personal injury, death or property/cargo loss. Owners may be jointly and severally liable (s 18(1)), liable in proportion to degree of fault (s 19(1)) and entitled to contribution (s 20).

• Maritime industry service providers and contractors. The plan must describe arrangements for persons performing work for the ABF to make internal reports and identify any additional documentation that sets out reporting arrangements (s 7(2)(h)-(i)). Recognised organisations receiving documentation will be obliged to handle reports of non‑compliance and forward them to AMSA (s 16).

• Parties involved in salvage operations. Schedule 1 and s 21 import specified Salvage Convention articles and a common understanding on Articles 13 and 14. That affects salvors, shipowners, insurers and tribunals deciding salvage awards.

Who pays and who decides

• Who pays: The instrument does not set explicit fees or payments for the regulatory process. Costs borne will include preparing detailed ABF vessel management plans, paying recognised organisations for review services (Marine Orders prescribe recognised organisations; s 5 note), AMSA administration time, and civil costs associated with liability and contribution claims (ss 18-20). The instrument itself does not allocate payment for recognised organisation fees or AMSA processing; these are left to the existing institutional arrangements and fee regimes.

• Who decides: The Comptroller‑General decides to submit plans and may decide that acceptance should end (s 10(1)). Recognised organisations decide whether the plan satisfies the review criteria and whether an amendment is a significant change (s 7(3)-(5); s 12(2)-(3)). AMSA decides on statutory acceptance and the timing of acceptances and revocations (ss 9, 11, 14).

Indirect effects and market participants

• Service providers to the ABF (marine engineers, consultants, classification societies) will face demand to assemble the required documentation, risk assessments and alternative compliance requirements (s 7(2)(f)-(g)).

• Salvors and those litigating salvage rewards may see a clarified interpretive stance on Articles 13 and 14 because the instrument records the conference common understanding (Schedule 1).

• Owners of non‑ABF vessels may see procedural implications where their vessels are involved in incidents with ABF vessels, since ABF vessel operations may be subject to accepted managed non‑compliance under an ABF plan.

The instrument creates a set of specific duties and corresponding rights tied to ABF vessel management plans, recognised organisation responsibilities, AMSA acceptance decisions, reporting duties, and civil liability rules. Below are the principal duties and rights as expressed in the text.

Duties placed on the Comptroller‑General of Customs

• Submit an ABF vessel management plan to a recognised organisation for review (s 7(1)).

• Apply to AMSA for acceptance once a recognised organisation declares the plan satisfactory (s 8(1)-(2)). The application must include the plan, the recognised organisation’s declaration (s 8(2)(a)-(b)), and contact details for nominated persons (s 8(2)(c)).

• Supply proposals for commencement and expiry dates (up to five years after commencement) in an application if desired (s 8(3)). The Comptroller‑General must give AMSA written notice if acceptance should end for a vessel or person (s 10(1)).

Duties placed on recognised organisations

• Review plans for compliance with the mandatory contents set out in s 7(2), and determine if the plan complies (s 7(3)).

• In reviewing, the recognised organisation may take into account additional information provided by the Comptroller‑General (s 7(4)).

• If satisfied, declare the plan meets the risk assessment and mitigation requirements for each instance of non‑compliance (s 7(5)).

• Review amendments to accepted plans and determine whether they relate to a significant change (s 12(2)). If satisfied an amendment is not a significant change, notify the Comptroller‑General in writing (s 12(3)).

• Report non‑compliance to AMSA and provide relevant documentation as soon as practicable when they become aware of such non‑compliance (s 16).

Duties and powers of AMSA

• If satisfied an application complies with s 8(2), accept the ABF vessel management plan and notify the Comptroller‑General in writing within 28 days (s 9(1)).

• In its notice of acceptance, AMSA may specify commencement and end dates (s 9(2)). The acceptance may last up to five years from commencement (s 9(5)(d)).

• Accept amendments to an accepted plan on application if AMSA is satisfied the amendment does not constitute a significant change and the application meets s 13(2) requirements; AMSA must provide a decision in writing to both the Comptroller‑General and the recognised organisation within 28 days (s 14(1)-(2)). If AMSA does not decide in 28 days the amendment is taken to be accepted (s 14(3)).

• Revocation powers: AMSA may partially revoke acceptance of a prior plan where a new plan is accepted covering the same vessel or person (s 11(2)); failure to exercise that power results in full revocation when the new plan commences (s 11(4)).

Duties of persons performing work for the ABF

• The plan must describe arrangements for those persons to make reports within ABF and identify documents that set out reporting arrangements (s 7(2)(h)). This creates an internal reporting duty structure for ABF personnel engaged with plan operations.

Rights and obligations of vessel owners and injured parties

• Joint and several liability is imposed where personal injury or death is caused by the fault of two vessels (s 18(1)). However, the section preserves existing rights of defence and limits of liability available independently under law (s 18(2)(a)-(b)).

• The rule as to division of liability requires liability to be in proportion to degree of fault for damage or loss caused by two or more vessels (s 19(1)). If degrees of fault cannot be established, liability is apportioned equally (s 19(2)). The section preserves contractual liabilities and legal exemptions (s 19(4)).

• Right of contribution: if one owner has been held to pay more than the owner’s proper share, that owner may recover the excess by contribution from other at‑fault owners, to the extent of their fault (s 20(1)). The section does not create new recoverable claims for injured parties beyond existing rights (s 20(2)), and it confers the same procedural rights and powers to recover contribution as a person entitled to sue for damages (s 20(3)).

Other obligations

• Plan contents must include, for each provision of the Act that the vessel or person will not comply with, the alternative requirements to be complied with and an assessment of risk and mitigation (s 7(2)(f)). The plan must set out the process by which the plan will be reviewed by the Comptroller‑General and the recognised organisation (s 7(2)(g)).

• Transitional obligation: pre‑commencement plans accepted under the old Regulation continue in force and are treated as if accepted under this instrument with specified deemed commencement and end dates (s 22(2)).

Notable rights conferred

• Deemed acceptance of amendments where AMSA does not give written notice within 28 days (s 14(3)). That creates a procedural right for the Comptroller‑General and recognised organisations to rely on administrative inaction.

• AMSA may set the acceptance period up to five years (s 9(2)(b), s 9(5)(d)), providing temporal predictability for the ABF and its contractors.

• Owners have rights of contribution under s 20; interested parties have preserved contractual defences and rights to limit liability under ss 18(2) and 19(4).

The instrument focuses on administrative duty allocation and preserving existing legal defences and contractual arrangements while creating specific reporting duties and review mechanisms.

The Navigation Regulations 2023 does not itself create express criminal offences or monetary penalties within its text. Enforcement and consequences under the instrument operate primarily through administrative acceptance/revocation mechanisms, mandatory reporting duties for recognised organisations and civil liability outcomes for incidents. Below are the relevant enforcement mechanisms and the practical enforcement lacunae apparent from the instrument.

Administrative acceptance, revocation and timing as compliance control

• AMSA’s acceptance of an ABF vessel management plan is a prerequisite for statutory recognition of the plan’s specified non‑compliance with certain provisions of the Act (ss 8-9). AMSA must accept compliant applications within 28 days (s 9(1)). Acceptance can be time‑limited, for up to five years (s 9(2)(b), s 9(5)(d)), and AMSA can partially revoke an earlier plan’s acceptance where a new plan covers the same vessel or person (s 11(2)). The Comptroller‑General can also notify AMSA to end an acceptance (s 10(1)-(2)). These administrative levers control whether and when planned non‑compliance is treated as authorised.

Reporting and duty to notify AMSA

• Recognised organisations must notify AMSA as soon as practicable if they become aware of non‑compliance with an accepted ABF vessel management plan and provide relevant documentation (s 16). This creates an affirmative reporting duty on the recognised organisation, but the instrument does not specify penalties for failing to report. That reporting triggers AMSA scrutiny and gives AMSA information on which to rely to vary or revoke acceptance or to take other regulatory action under the Navigation Act or Marine Orders.

Civil liability and contribution

• The instrument imposes civil liability rules that operate as private‑law enforcement: joint and several liability for personal injury or death where two vessels are at fault (s 18(1)), proportionate division of liability by degree of fault (s 19(1)) and rights of contribution where one owner has paid in excess (s 20). These provisions affect who may be sued and who can bring contribution claims; enforcement of these rights is judicial and subject to existing procedural and substantive law.

Preservation of defences and limits

• The liability provisions expressly preserve the right of defendant persons to any independent defences, and rights to limit liability under applicable law and contracts (s 18(2), s 19(4)). That indicates enforcement will proceed in context of pre‑existing limitation regimes and contractual clauses.

Absence of specific criminal or pecuniary sanctions in the instrument

• Nowhere in the instrument are penalties, infringement notices, or criminal offences created in respect of non‑compliance with the procedural requirements (for example, failing to include required information in a plan, or failing to provide a nominated contact). Enforcement therefore depends on administrative actions by AMSA, the professional obligations of recognised organisations, and the possibility of civil claims arising from incidents.

Potential enforcement pathways outside the instrument

• The instrument is made under the Navigation Act 2012 (s 3). The Act and Marine Orders may contain offences, powers to revoke certificates, detention powers, and monetary penalties not expressly reproduced here. Practitioners should cross‑check the Act and relevant Marine Orders for direct sanctions that could be engaged if a vessel is operated in breach of the Act or in breach of conditions associated with the accepted plan. The instrument does not itself state those external penalty provisions but frames acceptance and reporting as administrative controls that interact with the Act.

Implementation and compliance enforcement risks

• The primary compliance obligation that could trigger enforcement action is the obligation of recognised organisations to report non‑compliance (s 16). Because penalties for failing to report are not included, the effectiveness of this enforcement mechanism relies on the institutional incentives and professional/regulatory obligations of recognised organisations (which are prescribed in Marine Orders, per s 5 note). Likewise, AMSA’s duties to act on information and its discretion whether to revoke acceptances introduce enforcement variability.

In sum, the instrument relies on administrative acceptance, professional reporting, and civil liability to enforce regulatory outcomes. It does not itself prescribe new criminal or monetary penalties within its text.

The Navigation Regulations 2023 is expressly made under the Navigation Act 2012 (s 3) and interacts with other federal instruments and international law. The instrument cross‑references provisions of the Act, Marine Orders, the Australian Border Force Act 2015, and adopts parts of the Salvage Convention. Below are the main interaction points and the concrete legal relationships set out in the text.

Primary statutory foundation and cross‑references

• Navigation Act 2012. The instrument is made pursuant to the Act (s 3). It implements, for the purposes of specific sections of the Act, detailed processes and requirements. Section 6 states it is for the purposes of section 11 of the Act in respect of ABF vessel management plans relating to compliance with Chapter 2, 3 or 6 of the Act. Part 3 (s 17) is made for the purposes of subsection 176(3) of the Act, and s 21 brings specified articles of the Salvage Convention into force for the purposes of paragraph 241(1)(a) of the Act.

• Marine Orders and recognised organisations. The instrument notes that recognised organisations are prescribed in the Marine Orders (s 5 note; subsection 342(1) of the Act). That means the practical regime for who counts as a recognised organisation and the professional obligations attaching to them will derive from the Marine Orders and the Act as implemented.

• Australian Border Force Act 2015. The instrument uses terms defined in that Act: “Australian Border Force” and “Comptroller‑General of Customs” are given meanings by the Australian Border Force Act 2015 (s 5). The Comptroller‑General’s role in submitting and withdrawing plans interacts with that statute’s administrative definitions.

International law interaction

• Salvage Convention. The instrument gives force of law in Australia to specified articles of the Salvage Convention (Articles 6-8, 12-19, 21-23, 26 and 30) and records a common understanding about Articles 13 and 14 (s 21; Schedule 1). This is a partial incorporation: only certain articles are adopted (s 21(a)) and the explanatory Note to Schedule 1 sets out an interpretive statement for tribunals. The adoption is for the purposes of paragraph 241(1)(a) of the Act; practitioners should reconcile the adopted articles with any other domestic provisions implementing the Salvage Convention.

Transitional interaction with Navigation Regulation 2013

• Repeal and transitional provisions. The instrument repeals the Navigation Regulation 2013 in full (Schedule 2 item 1). Transitional provision s 22 preserves pre‑commencement acceptances given under the old Regulation as if they were accepted under this instrument, deems them to have commenced on 1 October 2023 and to expire on the specified date or otherwise on 1 October 2028 (s 22(2)(c)-(d)). That ensures continuity for previously accepted plans, but it may interact with any different administrative requirements or timeframes in the old Regulation.

Interaction with existing civil and contractual law

• Liability and contribution. The instrument’s liability sections (ss 18-20) are expressed not to affect existing defences and rights to limit liability (s 18(2), s 19(4)), and not to create new recoverable claims beyond existing law (s 20(2)). Therefore, these provisions are additive to the common law and statutory regimes governing maritime tort, contractual carriage, limitation of liability, and insurance. Legal practitioners must consider the instrument alongside maritime tort law, contract law, insurance law and applicable limitation statutes.

Operational and administrative interfaces

• Internal reporting and documentation. The plan must describe internal reporting arrangements for those performing work for the ABF and any other documents that set out further details (s 7(2)(h)). The recognised organisation must be provided with reports of non‑compliance (s 16). Those internal processes will likely sit alongside any public sector reporting obligations under administrative law or other Commonwealth reporting frameworks.

• Professional regulation of recognised organisations. Although not set out in full in this instrument, recognised organisations are regulated entities under the Act and Marine Orders; their duties and liabilities arising from s 7 and s 16 will intersect with their statutory obligations and any accreditation or delegation regimes.

Gaps and necessary checks

• The instrument defers to the Navigation Act and Marine Orders for many details: who counts as a recognised organisation; the scope of pre‑existing enforcement powers; and any penalties for breaches of the Act not incorporated here. Practitioners must therefore consult the Navigation Act 2012, Marine Orders, and the Australian Border Force Act 2015 to obtain the full regulatory matrix and any sanctions that may be available beyond administrative acceptance/revocation and civil liability.

In short, the Regulations function as a procedural and content framework plugged into the Navigation Act, rely on Marine Orders for technical definitions and governance of recognised organisations, partially import an international convention, and preserve pre‑existing civil law defences.

The Navigation Regulations 2023, as presented in the text, is an instrument that commenced on 1 October 2023 (s 2) and expressly repeals the Navigation Regulation 2013 in full (Schedule 2). The text itself contains no subsequent amendment schedules or later modification entries. The amendment history within this instrument therefore is limited but includes two principal transitional features.

Immediate repeal of previous regulation

• Schedule 2, item 1 repeals the whole of the Navigation Regulation 2013. The instrument replaces the procedural framework previously set out in that instrument concerning ABF vessel management plans and related matters.

Transitional provisions for pre‑commencement acceptances

• Section 22 provides transitional treatment for ABF vessel management plans accepted under the old Regulation before repeal. If an ABF vessel management plan was accepted under subsection 8(1) of the Navigation Regulation 2013 and that acceptance was the last acceptance given for that plan and had not expired immediately before commencement, then:

  • The pre‑commencement acceptance continues in force on and after commencement (s 22(2)(a)).

  • The pre‑commencement plan may be dealt with under the new instrument as if it were an accepted plan under s 9 of the new instrument (s 22(2)(b)).

  • The pre‑commencement acceptance is taken to have commenced on 1 October 2023 (s 22(2)(c)).

  • The pre‑commencement acceptance is taken to end either on any date of expiry that was specified in the acceptance or otherwise on 1 October 2028 (five years after deemed commencement) (s 22(2)(d)).

Practical consequence

• The transitional provision effectively gives pre‑existing accepted plans a new statutory basis under the 2023 instrument without breaking continuity. This approach avoids immediate re‑submission or re‑approval churn for plans accepted under the 2013 Regulation, while still bringing them within the acceptance/expiry architecture of the new instrument (including the five‑year maximum acceptance duration rule).

No subsequent in‑text amendments

• The instrument as provided includes no later amendment dates, amendment schedules, or subordinate amending instruments. For subsequent modifications to the 2023 Regulations, practitioners must search the Federal Register of Legislation or consolidated versions for any amending instruments made after 28 September 2023.

Implications for users

• Where a plan was accepted before 1 October 2023, the plan becomes subject to the new framework without needing immediate resubmission, but the acceptance is treated as having commenced on 1 October 2023 and will expire by 1 October 2028 where no expiry date was otherwise specified (s 22(2)(c)-(d)). Users should therefore assess whether their pre‑commencement plans need amendment, whether proposed amendments constitute “significant change” under the new rules (s 12), and time their applications to AMSA accordingly.

• Because the new instrument limits acceptance durations to a maximum of five years from acceptance commencement (s 9(5)(d)), any plan previously accepted under the old regulation with a longer implicit or explicit duration must be reconciled against the new five‑year ceiling via transitional provisions.

Further amendment tracking required

• The text does not record subsequent amendments. Legal and compliance teams should monitor the Federal Register of Legislation for any later amending instruments, and cross‑reference the Navigation Act 2012 and Marine Orders which may be amended independently and which materially affect the operation of these Regulations.

The Navigation Regulations 2023 text supplied contains no references to judicial decisions, prior litigation or case law that interpret its provisions. The instrument itself is new (commencement 1 October 2023) and replaces the Navigation Regulation 2013. There is, therefore, no litigation history contained in the instrument to report.

What to expect in litigation terms

• Novelty of provisions. Because the instrument establishes administrative review and acceptance processes, reporting obligations and certain liability rules, litigation could arise in several predictable areas: challenges to AMSA decisions accepting or revoking a plan, judicial review of administrative decisions if procedural fairness issues arise, contractual or tort claims arising from incidents involving ABF vessels, and salvage awards or disputes involving Articles 13 and 14 of the Salvage Convention as incorporated in part by s 21 and Schedule 1.

• Civil litigation on liability allocation. The liability allocation provisions (ss 18-20) modify aspects of the legal framework for apportioning liability and contribution between owners. Although they preserve existing defences and limitation rights (s 18(2), s 19(4)), application of those rules to multi‑vessel incidents is an obvious litigation arena, particularly where determining degrees of fault (s 19(1)) or tracing contribution entitlements (s 20) is contested.

• Salvage Convention disputes. The instrument gives force of law to specified articles of the Salvage Convention (s 21), and Schedule 1 records a “common understanding” about Articles 13 and 14. Disputes about salvage rewards and special compensation will likely require tribunals to interpret the Convention articles as adopted and may engage the common understanding recorded in Schedule 1; litigation could test how domestic courts and tribunals apply that interpretive note.

• Administrative review. AMSA’s obligation to accept or refuse within 28 days (s 9(1), s 14(2)) and the deemed acceptance rule for amendments (s 14(3)) create procedural timelines that could feature in judicial review claims where a party alleges AMSA acted unlawfully or failed to exercise statutory duties.

Absence of prior cases named

• The instrument does not cite any cases and does not provide an explanatory memorandum or second‑reading speech within the provided text. For case law relevant to the Navigation Act and maritime liability more generally, practitioners must consult external jurisprudence and consider how existing maritime tort and admiralty principles will interact with these regulatory provisions.

Recommendation for litigators and counsel

• Monitor early disputes and administrative decisions arising under the new regime, particularly AMSA’s approach to acceptance and revocation, recognised organisations’ reporting behaviour under s 16, and how courts allocate fault under s 19 when degrees of fault are disputed.

• Where salvage or special compensation is at issue, track how tribunals incorporate Schedule 1’s common understanding in the interpretation of Articles 13 and 14 of the Salvage Convention as adopted by s 21.

In short, the instrument itself has no litigation history in the text; future litigation should be anticipated on administrative, liability allocation and salvage interpretation fronts.

Practitioners should note several practical traps and points of attention in the instrument text that can create implementation difficulties if overlooked. The following items are concrete operational and legal “gotchas” grounded in specific provisions.

Deemed acceptance for amendments (s 14(3))

• AMSA must decide on an amendment application within 28 days and if it fails to give written notice the amendment is taken to be accepted at the end of that period (s 14(3)). That creates an administrative timing trap: if AMSA does not act, the amendment becomes effective by operation of law. Requesting parties and recognised organisations must be diligent in following up on AMSA’s notices and managing the post‑deemed acceptance consequences.

Five‑year maximum acceptance window (s 9(2)(b), s 8(3), s 9(5)(d))

• Both the Comptroller‑General (in application) and AMSA (in notice) may specify end days for acceptance, but any acceptance must not be later than five years after acceptance commences (s 8(3), s 9(2)(b), s 9(5)(d)). Pre‑commencement acceptances are deemed to have commenced 1 October 2023 and end on 1 October 2028 if no expiry specified (s 22(2)(c)-(d)). Stakeholders must calendar expiry dates and plan re‑application or amendments in time.

Partial revocation consequences (s 11)

• When AMSA accepts a new plan for the same vessel or person, it may revoke acceptance of the previous plan only to the extent that it relates to the same vessel or person (s 11(2)). If AMSA does not revoke partially, the previous acceptance is wholly revoked when the new acceptance commences (s 11(4)). That creates choice points and potential overlaps: parties must ensure replacements are aligned to avoid gaps or unintended loss of coverage.

Recognised organisation’s dual role: reviewer and reporter (ss 7, 16)

• Recognised organisations both declare plans satisfactory (s 7(5)) and are required to notify AMSA of non‑compliance as soon as practicable (s 16). This dual role can generate conflict between commercial review activity and reporting obligations. The instrument does not specify confidentiality, reporting thresholds, or professional privilege , practitioners should identify any professional, contractual or Marine Orders obligations that govern how recognised organisations manage information.

Significant change threshold for amendments (s 12(2), s 5 definition)

• The recognised organisation determines whether an amendment relates to a “significant change” and must notify if it does not (s 12(2)-(3)). The definition of “significant change” includes examples, but the instrument leaves the final determination to the recognised organisation. The consequence is procedural: a significant change likely requires a fresh plan and full review, while a non‑significant change can follow the amendment route. Parties must carefully document changes and obtain a clear written determination to avoid disputes about whether an amendment was properly processed.

No express penalties in the instrument (general)

• The instrument imposes reporting and procedural duties but does not set out express penalties. Failure to comply with s 16, for example, is actionable only through the administrative and professional regimes that govern recognised organisations and AMSA. Parties should be cautious: absence of an in‑instrument penalty does not mean no regulatory consequences , the Act, Marine Orders, or contracts may impose other sanctions.

Liability rules preserve pre‑existing defences and contractual liabilities (ss 18(2), 19(4), 20(2))

• Sections on liability explicitly preserve rights of defence and the right to limit liability. Parties should not assume the new provisions change limitation regimes or contractual allocations of risk; they interact with, rather than displace, existing law. That means careful contractual drafting remains essential to allocate residual risks.

Scope of incorporated Salvage Convention articles (s 21; Schedule 1)

• Only certain articles of the Salvage Convention are adopted (s 21(a)), and Schedule 1 records a common understanding but does not create an exhaustive interpretive framework. Parties involved in salvage must check which articles are in force domestically and reconcile them with customary salvage law and liability rules.

Transition calendar for pre‑commencement plans (s 22)

• Pre‑commencement accepted plans are treated as having commenced on 1 October 2023 and will expire by 1 October 2028 if no expiry was specified (s 22(2)(c)-(d)). Recipients should not assume their old acceptance runs on its original terms; expiry and re‑submission timing must be reviewed.

Documentary completeness for applications (s 8(2), s 13(2))

• Applications must include the plan, the recognised organisation’s declaration, and contact person details (s 8(2)). Amendment applications require the amendment in writing, the affected part clearly identified, and the recognised organisation’s notice (s 13(2)). Failure to include required documents could cause AMSA to refuse to accept on procedural grounds or to delay acceptance beyond the 28‑day window.

Interaction with Marine Orders and the Act (s 5 note; s 3)

• The instrument deliberately defers technical definitions and recognised organisation prescriptions to Marine Orders and leaves enforcement mechanisms under the Act. Users must cross‑check both instruments to understand the full regulatory and enforcement matrix.

In practice, the regulator discretion points, timing rules and the absence of explicit in‑instrument sanctions are practical risk points. Parties should document every determination, obtain written notifications from recognised organisations and AMSA, and keep a compliance diary aligned to acceptance and expiry dates.

Compliance under the Navigation Regulations 2023 requires organising technical documentation, engaging recognised organisations, coordinating with AMSA and the Comptroller‑General, and maintaining internal reporting and risk mitigation processes. The following is a pragmatic compliance checklist grounded in the instrument’s provisions.

1. Assemble the ABF vessel management plan contents precisely as required (s 7(2))

• Identify each ABF vessel covered with name, IMO number or unique identifier, and the kinds of operations and activities to be undertaken (s 7(2)(a)(i)-(iii)).

• If the plan relates to a particular person or a class of persons, identify the person or describe the class and any exclusions (s 7(2)(b)-(c)).

• For each vessel covered, list each provision of the Act that the vessel will not comply with and explain why compliance is not possible (s 7(2)(d)).

• For each person covered, list each provision of the Act that the person will not comply with and explain why (s 7(2)(e)).

• For every non‑compliance, specify the alternative requirements to be complied with, provide a risk assessment of the non‑compliance, and show how the alternative requirements will mitigate identified risks (s 7(2)(f)).

• Set out the process agreed with the recognised organisation and the Comptroller‑General for reviewing the plan, including frequency, nature and reporting mechanisms for reviews (s 7(2)(g)).

• Describe arrangements for internal reporting within ABF by persons performing work for ABF and identify documents that set out reporting details (s 7(2)(h)-(i)).

• Specify the process by which the recognised organisation will review compliance with relevant Act requirements (s 7(2)(j)).

2. Engage a recognised organisation for review and obtain written declaration (s 7(1)-(5), s 12)

• Submit the draft plan to a recognised organisation (as prescribed in Marine Orders , see s 5 note). Obtain a written declaration under s 7(5) that the recognised organisation is satisfied the plan adequately assesses risk and the alternative requirements appropriately mitigate the risks.

• For amendments, submit the proposed amendment to the recognised organisation and seek written confirmation that it does not relate to a significant change (s 12(2)-(3)). Keep the recognised organisation’s written notification as it is required for AMSA application (s 13(2)(d)).

3. Apply to AMSA with complete documentation and nominated contacts (s 8(1)-(3), s 13(1)-(2))

• Prepare the application for acceptance that includes the plan, the recognised organisation’s declaration and contact person details: name, position, role, address and contact details (s 8(2)(a)-(c)).

• If proposing commencement or expiry dates, ensure the proposed acceptance end is not later than five years after the proposed commencement (s 8(3)).

• For amendments, ensure the application is in writing, sets out the amendment, includes the affected part of the plan with changes clearly identified, and is accompanied by the recognised organisation’s notifi­cation that the amendment is not a significant change (s 13(2)(a)-(d)).

4. Track AMSA timeframes and prepare for deemed acceptance or rejection (s 9(1), s 14(2)-(3))

• AMSA must accept a compliant plan within 28 days (s 9(1)). For amendments, AMSA has 28 days to supply written notice of decision; failure to provide notice within 28 days results in deemed acceptance (s 14(2)-(3)). Prepare to act promptly on AMSA’s notices and confirm acceptance timing.

• If AMSA specifies commencement and end dates, verify those dates and calendar them. Remember that acceptance cannot run for more than five years from commencement (s 9(2)(b), s 9(5)(d)).

5. Maintain ongoing review and documentation processes as agreed (s 7(2)(g), s 7(2)(j))

• Implement the agreed review frequency and nature with the recognised organisation and Comptroller‑General that the plan describes. Keep detailed review records and reports so that the recognised organisation can demonstrate compliance with its obligations and forward required reports to AMSA when necessary.

6. Implement internal reporting arrangements and compliance monitoring (s 7(2)(h)-(i), s 16)

• Establish clear internal channels for those performing work for ABF to report on plan operation and compliance issues. Document these arrangements and any supporting documents identified in the plan (s 7(2)(h)-(i)).

• Recognised organisations must notify AMSA as soon as practicable if they become aware of non‑compliance (s 16). Ensure recognised organisations have immediate access to the records they need to make such reports and that ABF personnel are trained to escalate incidents promptly.

7. Be cautious about “significant change” thresholds (s 12(2), s 5)

• If considering vessel modifications, repairs, alterations, certificate changes, or operational changes that could substantially alter vessel dimensions, passenger accommodation or the kind of operations, treat them as potentially significant. If in doubt, obtain a written determination from a recognised organisation that the change is not significant before seeking an amendment route (s 12(2)-(3); s 5 definition).

8. Prepare for overlapping or replacement plans and revocation risks (s 11)

• If a new plan will cover a vessel or person already covered by a previous plan, coordinate timing with AMSA and the Comptroller‑General to avoid unplanned revocation or coverage gaps. AMSA may partially revoke prior acceptances for overlapping coverage, and if it does not exercise the partial revocation power the prior acceptance is wholly revoked on commencement of the new plan (s 11(2)-(4)).

9. Keep records related to liability and insurance (ss 18-20)

• Given the joint and several liability rule for personal injury/death involving multiple vessels (s 18(1)) and the rule as to division of liability by degree of fault (s 19), ensure insurance arrangements and contractual allocations align with the operational changes contemplated by the plan. Maintain documentation that can support apportionment analyses in the event of incidents.

10. Reconcile with the Navigation Act, Marine Orders and other instruments (s 3, s 5 note)

• The instrument defers certain definitions and recognised organisation prescriptions to Marine Orders and sits within the Navigation Act framework. Check the Act and relevant Marine Orders for further compliance obligations, professional duties, and potential sanctions outside the instrument itself.

11. Monitor expiry and re‑application timelines (s 9(5)(d), s 22)

• Plan for re‑application well before the acceptance expiry date. For pre‑commencement acceptances treated as commencing on 1 October 2023, note the expiry mechanics (s 22(2)(c)-(d)). Avoid last‑minute filings to prevent currency gaps in authorisation.

12. Record and retain all communications, declarations and AMSA notices

• Given the administrative consequences of AMSA’s notices and the recognised organisation’s declarations and notifications, keep hard copies and secure electronic records of all submitted plans, declarations under s 7(5), amendment notifications under s 12(3), AMSA acceptance notices, and any correspondence about revocation or cessation (s 8(2)(a)-(c), s 13(2)).

Following this checklist will align an ABF operation with the procedural and documentary requirements in the Regulations. Because many substantive definitions, accreditation rules for recognised organisations and enforcement powers remain in the Navigation Act and Marine Orders, compliance programmes must integrate checks against those instruments as well.