Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 121, 2012
Compilation No. 6
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
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
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
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 | 121, 2012 | 12 Sept 2012 | s 3-19: 1 July 2013 (s 2(1) item 2 and F2013L00607) |
|
Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012 | 122, 2012 | 12 Sept 2012 | Sch 2: awaiting commencement (s 2(1) item 3) | Sch 2 (item 13) |
Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2013 | 9, 2013 | 14 Mar 2013 | Sch 1: 1 July 2013 (s 2(1) item 2) | -- |
62, 2014 | 30 June 2014 | Sch 10 (item 1) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2014 | 118, 2014 | 20 Nov 2014 | 20 Nov 2014 (s 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 359-361): 5 Mar 2016 (s 2(1) item 2) | -- |
138, 2018 | 29 Nov 2018 | Sch 1 (items 1-4): 30 Nov 2018 (s 2(1) item 1) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 14 (items 3, 9, 10): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
s 3.................... | am No 138, 2018 |
s 16................... | am No 38, 2024 |
Schedule 1 |
|
Part 1 |
|
s 5A................... | ad No 122, 2012 |
s 6.................... | am No 122, 2012; No 62, 2014; No 118, 2014; No 138, 2018 |
s 6A................... | ad No 122, 2012 |
s 8A................... | ad No 122, 2012 |
Part 2 |
|
s 10................... | am No 118, 2014 |
s 11................... | am No 118, 2014 |
Part 3 |
|
Division 1 |
|
s 13................... | rs No 122, 2012 |
Division 2 |
|
s 15................... | rs No 122, 2012 |
Division 3 |
|
s 18................... | rs No 122, 2012 |
Division 4 |
|
s 20................... | rs No 122, 2012 |
Part 4 |
|
Division 2 |
|
s 40................... | am No 118, 2014 |
s 41................... | am No 118, 2014 |
s 42................... | am No 118, 2014 |
Division 3 |
|
s 50................... | am No 118, 2014 |
s 51................... | am No 118, 2014 |
s 52................... | am No 118, 2014 |
Division 4 |
|
s 62................... | am No 118, 2014 |
s 63................... | am No 118, 2014 |
s 64................... | am No 118, 2014 |
Division 5 |
|
s 72................... | am No 118, 2014 |
Part 6 |
|
Division 2 |
|
Subdivision C |
|
s 104.................. | am No 118, 2014 |
Part 7 |
|
s 138.................. | am No 9, 2013 |
Part 8 |
|
Division 1 |
|
s 139.................. | am No 118, 2014 |
s 140.................. | am No 118, 2014 |
s 141.................. | am No 38, 2024 |
s 142.................. | am No 38, 2024 |
Division 9 |
|
s 159.................. | am No 118, 2014; No 138, 2018 |
s 161.................. | rs No 122, 2012 |
s 162.................. | am No 9, 2013 |
s 164.................. | am No 126, 2015 |
s 165.................. | am No 126, 2015; No 138, 2018 |