Australian Government

Federal Register of Legislation

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications and the Arts

Latest version

C2024C00559 (C06)

14 October 2024

Table of contents

1 Short title
2 Commencement
3 Definitions
4 Adoption of Marine Safety (Domestic Commercial Vessel) National Law
5 Constitutional reach of Act
6 Relationship with State and Territory laws
7 Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws
8 Extraterritorial operation
9 Charging of fees by States etc. not prevented
10 National Regulator to pay amounts to States, etc.
11 Commonwealth consent to conferral of functions etc. on the National Regulator etc. by corresponding State Territory laws
12 Meaning of corresponding State Territory law
13 Meaning of imposes a duty
14 When duty imposed
15 Imposing duty under State or Territory law
16 Review of decisions under corresponding State Territory laws
17 References in instruments to the National Law
18 Powers of magistrates
19 Regulations
Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law
- Part 1—Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects of Law
- 4 Law binds the Crown
- 5 Extended geographical jurisdiction—category A
- 6 Definitions
- 7 Definition of domestic commercial vessel
- 8 Definition of vessel
- Part 2—The National Marine Safety Regulator
- 9 The National Marine Safety Regulator
- 10 Functions of the National Regulator
- 11 Delegation
- Part 3—General safety duties relating to domestic commercial vessels
- Division 1—Duties of owners
- 12 Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
- 13 Offences relating to contraventions of section 12
- Division 2—Duties of designers, builders, suppliers etc.
- 14 Duty relating to design, manufacture etc. of domestic commercial vessels
- 15 Offences relating to contraventions of section 14
- Division 3—Duties of masters
- 16 Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations
- 17 Duty of masters of domestic commercial vessels to take reasonable care for safety of persons
- 18 Offences relating to contraventions of section 16 or 17
- Division 4—Duties of crew
- 19 Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc.
- 20 Offences relating to contraventions of section 19
- Division 5—Duties of passengers
- 21 Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc.
- 22 Offences relating to contraventions of section 21
- Division 6—Other duties
- 23 Duty of persons relating to safety of persons on domestic commercial vessels, etc.
- 24 Offences relating to contraventions of section 23
- 25 Duty of persons in relation to domestic commercial vessels
- 26 Offences relating to contraventions of section 25
- Division 7—General provisions
- 27 Determining what is reasonably practicable to ensure safety
- 28 Functions and powers of marine safety inspectors not affected
- 29 Requirements imposed by this Part do not limit one another
- Part 4—Vessel identifiers and certificates for vessels and seafarers
- Division 1—Unique identifiers
- 30 Person may apply for unique identifier
- 31 Issue of unique identifier
- 32 Offence—operating etc. a vessel without a unique identifier (owner)
- 33 Offence—operating etc. a vessel without a unique identifier (master)
- 34 Offence—display etc. of a unique identifier (owner)
- 35 Offence—display etc. of unique identifier (master)
- 36 Offence—removal or alteration of a unique identifier
- Division 2—Certificates of survey
- 37 Person may apply for a certificate of survey
- 38 Issue of certificate of survey
- 39 Person may apply for variation, suspension or revocation of a certificate of survey
- 40 Variation of certificate of survey
- 41 Suspension of certificate of survey
- 42 Revocation of certificate of survey
- 43 Offence—operating etc. a vessel without a certificate of survey (owner)
- 44 Offence—operating etc. a vessel without a certificate of survey (master)
- 45 Offence—breach of a condition of a certificate of survey (owner)
- 46 Offence—breach of a condition of a certificate of survey (master)
- Division 3—Certificates of operation
- 47 Person may apply for a certificate of operation
- 48 Issue of certificate of operation
- 49 Person may apply for variation, suspension or revocation of a certificate of operation
- 50 Variation of certificate of operation
- 51 Suspension of certificate of operation
- 52 Revocation of certificate of operation
- 53 Offence—operating etc. a vessel without a certificate of operation (owner)
- 54 Offence—operating etc. a vessel without a certificate of operation (master)
- 55 Offence—breach of a condition of a certificate of operation (owner)
- 56 Offence—breach of a condition of a certificate of operation (master)
- 57 Obligation to notify National Regulator of certain matters
- Division 4—Certificates of competency
- 58 Regulations may provide for certificate of competency
- 59 Individual may apply for a certificate of competency
- 60 Issue of certificate of competency
- 61 Person may apply for variation, suspension or revocation of a certificate of competency
- 62 Variation of certificate of competency
- 63 Suspension of certificate of competency
- 64 Revocation of certificate of competency
- 65 Offence—owner causing etc. performance of duties or functions without a certificate of competency
- 66 Offence—person performing duties or functions without a certificate of competency
- 67 Offence—master causing etc. performance of duties or functions without a certificate of competency
- 68 Offence—owner causing etc. breach of a condition of a certificate of competency
- 69 Offence—breach of a condition of a certificate of competency by any person
- 70 Offence—master causing etc. breach of a condition of a certificate of competency
- Division 5—General matters relating to unique identifiers and certificates
- 71 National Regulator may require information
- 72 National Regulator must give a show cause notice before varying, suspending or revoking a certificate
- 73 National Regulator may recognise certificates
- 74 Fit and proper person
- 75 Regulations may provide for matters relating to certificates and unique identifiers
- 76 Regulations may provide for matters relating to applications for certificates and unique identifiers
- 77 Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers
- 78 Regulations may make provision in relation to renewal and transfer of certificates
- 79 Regulations may require display of certificates
- 80 Regulations may provide for certificate of operation for persons
- 81 Effect of certificate of operation for persons
- 82 Defeasibility
- 83 Certificates etc. to be made available
- 84 National Regulator may require delivery of revoked certificates
- Part 5—Assistance and reporting requirements
- 85 Obligation to render assistance
- 86 Obligation to render assistance if requisitioned
- 87 Obligation to record requests for assistance
- 88 Reporting of marine incidents to National Regulator (owner)
- 89 Reporting of marine incidents to National Regulator (master)
- 90 Evidence of marine incidents
- Part 6—Powers of marine safety inspectors
- Division 1—Appointment of marine safety inspectors etc.
- 91 Appointment of marine safety inspectors
- 92 Identity cards
- 93 False representation about being a marine safety inspector
- 94 Obstructing or hindering a marine safety inspector
- Division 2—Entry, search, seizure, detention and information gathering powers
- Subdivision A—Powers to facilitate boarding with or without consent or warrant
- 95 Requirement to facilitate boarding
- 96 Entering certain premises for access to domestic commercial vessel
- Subdivision B—Powers relating to vessels, exercisable without consent or warrant
- 97 Boarding a vessel
- 98 Requiring master of a vessel to answer questions about the nature of the vessel
- 99 Monitoring domestic commercial vessels
- 100 Sampling, securing or seizing things found using vessel monitoring powers
- 101 Detaining domestic commercial vessels
- 102 Offence—not complying with requirement made under section 99
- Subdivision C—Powers relating to any premises, exercisable with consent or warrant
- 103 Entering premises with consent or under warrant
- 104 Monitoring premises
- 105 Enforcement powers
- 106 Requiring persons on premises entered under warrant to answer questions and produce documents
- 107 Using force in executing a warrant
- 108 Relationship with Subdivision B
- Division 3—Other powers
- 109 Giving directions
- 110 Issuing improvement notices
- 111 Issuing prohibition notices
- 112 Copies of notices to be displayed and distributed
- 113 Notices not to be tampered with or removed
- Division 4—Persons assisting marine safety inspectors
- 114 Persons assisting marine safety inspectors
- Division 5—Obligations and incidental powers of marine safety inspectors
- 115 Consent
- 116 Announcement before entry under warrant
- 117 Marine safety inspector to be in possession of warrant
- 118 Details of warrant etc. to be given to occupier
- 119 Completing execution of warrant after temporary cessation
- 120 Completing execution of warrant stopped by court order
- 121 Expert assistance to operate electronic equipment
- 122 Compensation for damage to electronic equipment
- 123 Extending period for which something is secured
- 124 Offence—interfering with securing of thing
- Division 6—Occupier’s rights and responsibilities
- 125 Occupier entitled to observe execution of warrant
- 126 Occupier to provide marine safety inspector with facilities and assistance
- Division 7—General provisions relating to seizure and detention
- 127 Copies of seized things to be provided
- 128 Receipts for seized things
- 129 Return of seized things
- 130 Magistrate may permit a thing to be retained
- 131 Costs of detention
- 132 Disposal of seized things and detained vessels
- 133 Compensation for acquisition of property
- Division 8—Warrants
- 134 Monitoring warrants
- 135 Enforcement warrants
- 136 Enforcement warrants by telephone, fax etc.
- 137 Offence relating to warrants by telephone, fax etc.
- Part 7—Infringement notices
- 138 Infringement notices
- Part 8—General matters
- Division 1—Review of decisions
- 139 Reviewable decisions
- 140 Internal review of reviewable decisions
- 141 Applications for ART review
- 142 Review of decisions made under the regulations
- Division 2—Exemptions
- 143 Power of exemption
- 144 Offence of breaching a condition of exemption (owner)
- 145 Offence of breaching a condition of exemption (master)
- 146 Offence of breaching a condition of exemption (all persons)
- Division 3—Application of National Law to certain bodies
- 147 Treatment of partnerships
- 148 Treatment of unincorporated associations
- 149 Treatment of trusts with multiple trustees
- Division 4—Fees
- 150 Charging of fees by the National Regulator
- 151 Charging of fees by accredited persons
- Division 5—Disclosure of information
- 152 Disclosure of information by certain persons to the National Regulator
- Division 6—Immunity from suit
- 153 Immunity from suit
- Division 7—Matters relating to evidence and proceedings, etc.
- 154 National Regulator may require certain information
- 155 Offence not to give information
- 156 Evidentiary certificates
- 157 Burden of proving certain matters lies on defendant
- Division 8—Adverse publicity orders
- 158 Adverse publicity orders
- Division 9—Regulations and other legislative instruments
- 159 Regulations
- 160 Regulations may prescribe matters relating to accreditation and approval
- 161 Offence of contravening a condition of accreditation
- 162 Regulations may prescribe penalties etc.
- 163 Legislative instruments other than regulations
- 164 Incorporation of material, etc.
- 165 Regulations may deal with transitional matters
- Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history