Commonwealth Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
NAVIGATION ACT 2012
TABLE OF PROVISIONS
Long Title
CHAPTER 1--Preliminary
PART 1--SHORT--TITLE AND COMMENCEMENT
1. Short title
2. Commencement
PART 2--OBJECTS--AND SIMPLIFIED OUTLINE OF ACT
3. Objects of Act
4. Simplified outline of this Act
PART 3--PROVISIONS--RELATING TO THE APPLICATION OF THIS ACT
5. Extension to Territories
6. Extraterritorial operation of Act
7. Act to bind the Crown
8. Geographical jurisdiction for offences
9. Geographical application of offences and civil penalty provisions relating to foreign vessels, etc.
10. Act does not apply to naval vessels etc.
11. Application of Act to certain Australian Border Force vessels
12. Provisions that give effect to various conventions
13. Provisions that give effect to the Container Convention
PART 4--INTERPRETATION
14. Definitions
15. Definition of regulated Australian vessel
16. Definition of overseas voyage
17. Definition of Australian Border Force vessel
18. Definition of special purpose vessel
19. AMSA may declare that a vessel is not a regulated Australian vessel
20. Definition of vessel's length overall
21. Definition of navigates without a licensed pilot
22. Definition of taken to sea
23. Definition of seaworthy
24. Definition of substandard
PART 5--OPTING--IN TO COVERAGE
25. Opting in to coverage--vessel declared to be a regulated Australian vessel
26. Revocation and variation of opt - in declarations
CHAPTER 2--Seafarers
PART 1--PRELIMINARY
27. Simplified outline of this Chapter
PART 2--SEAFARER--CERTIFICATES
Division 1--Regulations relating to seafarer certificates
28. Regulations relating to seafarer certificates
29. Particular matters that may be prescribed by regulations
Division 2--Issue of seafarer certificates
30. Persons may apply for a seafarer certificate
31. Issue of seafarer certificate
32. AMSA may vary seafarer certificate
33. Revocation of seafarer certificate
Division 3--Offences and civil penalties relating to seafarer certificates
34. False representations about seafarer certificates
35. Person performing duties or functions without a seafarer certificate
36. Master causing etc. performance of duties or functions without a seafarer certificate
37. Breach of a condition of a seafarer certificate
38. Master causing etc. breach of a condition of a seafarer certificate
39. Failing to produce seafarer certificate
40. AMSA may require delivery of revoked certificates
PART 3--MARITIME--LABOUR CERTIFICATES
Division 1--Vessels to which this Part applies
41. Vessels to which this Part applies
Division 2--Regulations relating to maritime labour certificates
42. Regulations relating to maritime labour certificates
Division 3--Issue of maritime labour certificates
43. Persons may apply for a maritime labour certificate
44. Issue of maritime labour certificate
45. Issuing body may vary maritime labour certificate
46. Revocation of maritime labour certificate
Division 4--Offences and civil penalties relating to taking a vessel to sea without a maritime labour certificate
47. Taking a regulated Australian vessel to sea without maritime labour certificate--owner
48. Taking a regulated Australian vessel to sea without maritime labour certificates--master
49. Obligation to notify alterations of regulated Australian vessels that relate to maritime labour certificates
PART 4--MANNING--AND ENGAGEMENT OF SEAFARERS
Division 1--Vessels to which this Part applies
50. Vessels to which this Part applies
Division 2--Manning of vessels
51. Minimum complement of seafarers on vessels
52. Operating a vessel other than in accordance with determination
53. Owner or master to give details of complement of vessel's seafarers
Division 3--Engagement of seafarers, etc.
54. Work agreements
55. Owner to make available information about conditions of employment
56. Offences and civil penalties relating to content of work agreements
57. Regulations about records of service
58. Regulations about hours of work and rest
59. Regulations about payment of wages
PART 5--HEALTH--, ACCOMMODATION AND WELFARE
Division 1--Vessels to which this Part applies
60. Vessels to which this Part applies
Division 2--Provisions
61. Regulations about provision of food and water
62. Free provisions
63. Provisions adequate for voyage
64. Adequate food catering facilities to be provided
Division 3--Health
65. Regulations about health
66. Medicines etc. must be carried on vessels--owner
67. Medicines etc. must be carried on vessels--master
68. Owner liable for medical attendance etc.
69. Owner liable where certain seafarers removed from vessel etc.
70. Owner liable for medical attendance etc. on board vessel
71. Other expenses to be paid by seafarer
72. Medical practitioners and first - aid attendants--owner
73. Medical practitioners and first - aid attendants--master
Division 4--Accommodation, etc.
74. Regulations relating to accommodation, etc.
75. Vessels not to go to sea without required accommodation
Division 5--Repatriation and protection
76. Regulations relating to repatriation
77. Regulations relating to complaints etc. about employment
PART 6--ALCOHOL--AND DRUGS
Division 1--Alcohol and drug testing of seafarers and pilots
78. Seafarer or licensed pilot may be required to undergo alcohol test
79. Seafarer or licensed pilot may be required to undergo drug tests etc.
80. Limitation on exercise of powers in relation to foreign vessels
81. Refusal to undergo alcohol or drug test
82. Information to be provided after test
Division 2--Offences and civil penalties relating to alcohol and drugs
83. Impairment of person's capacity to carry out duties as seafarer or pilot
84. Unacceptable blood alcohol level--seafarers and pilots
85. Drugs prescribed by the regulations: seafarers and pilots
86. Permitting or requiring performance of duties by impaired person
Division 3--Regulations and other matters
87. Regulations relating to alcohol and drug tests
88. Evidentiary certificates
PART 7--GENERAL--MATTERS RELATING TO SEAFARERS OF REGULATED AUSTRALIAN VESSELS AND FOREIGN VESSELS
89. Exemption from serving on jury
90. Seafarer not to be wrongfully left behind
91. Regulations may make provision in relation to property of deceased seafarers
92. Expenses of returning foreign seafarers left behind
93. Owner of vessel not entitled to limit liability in respect of certain claims
94. Employment of seafarers in loading and unloading
95. Copy of this Act to be kept on regulated Australian vessels
CHAPTER 3--Vessel safety
PART 1--PRELIMINARY
96. Simplified outline of this Chapter
PART 2--CERTIFICATION
Division 1--Vessels to which this Part applies
97. Vessels to which this Part applies
Division 2--Regulations relating to safety certificates
98. Regulations relating to safety certificates
Division 3--Issue of safety certificates
99. Persons may apply for a safety certificate
100. Issue of safety certificate
101. Issuing body may vary safety certificate
102. Revocation of safety certificate
Division 4--Offences and civil penalties relating to taking a regulated Australian vessel to sea without safety certificates
103. Taking a regulated Australian vessel to sea without safety certificate--owner
104. Taking a regulated Australian vessel to sea without safety certificate--master
105. Obligation to notify alterations of regulated Australian vessels that relate to safety certificates
Division 5--Offences and civil penalties relating to taking foreign vessels to sea without appropriate documents
106. Taking a foreign vessel to sea without appropriate documents--owner
107. Taking a foreign vessel to sea without appropriate documents--master
PART 3--SEAWORTHINESS--OF VESSELS
108. Vessels to which this Part applies
109. Taking unseaworthy vessel to sea--owner
110. Taking unseaworthy vessel to sea--master
PART 4--PASSENGER--AND CARGO OPERATIONS, AND OVERLOADING
Division 1--Vessels to which this Part applies
111. Vessels to which this Part applies
Division 2--Regulations relating to passenger and cargo operations
112. Regulations relating to passenger and cargo operations
Division 3--Regulations relating to overloading
113. Regulations relating to overloading
Division 4--Offences and civil penalties relating to passenger and cargo operations
Subdivision A--Loading
114. Proper precautions in loading a vessel
Subdivision B--Dangerous goods
115. Carrying improperly labelled dangerous goods on a vessel
116. Requirement to give a description to master or owner of dangerous goods on a vessel
117. Carrying etc. dangerous goods under a false description
118. Falsely describing the sender of dangerous goods
119. Notice of intention to ship
120. Powers of owner or master as to dangerous goods
Subdivision C--Other offences
121. Obstructing vessel or machinery
122. Certain persons may be refused entry to or asked to leave a vessel
123. Power of master etc. to detain
PART 5--MUSTERS--AND DRILLS
Division 1--Vessels to which this Part applies
124. Vessels to which this Part applies
Division 2--Regulations relating to musters, drills and tests
125. Regulations relating to musters, drills and tests
Division 3--Offences and civil penalties relating to musters, drills and tests
126. Musters and drills etc. on vessels
127. Machinery and equipment checks and tests on vessels
CHAPTER 4--Prevention of pollution
PART 1--PRELIMINARY
128. Simplified outline of this Chapter
PART 2--POLLUTION--CERTIFICATES
Division 1--Vessels to which this Part applies
129. Vessels to which this Part applies
Division 2--Regulations relating to pollution certificates
130. Regulations relating to pollution certificates
Division 3--Issue of pollution certificates
131. Persons may apply for a pollution certificate
132. Issue of pollution certificate
133. Issuing body may vary pollution certificate
134. Revocation of pollution certificates
Division 4--Offences and civil penalties relating to vessels operating without pollution certificates
135. Taking vessels to sea without pollution certificates--owner
136. Taking vessels to sea without pollution certificates--master
137. Obligation to notify alterations of vessels that relate to pollution certificates
PART 3--POLLUTION--OR DAMAGE TO THE MARINE ENVIRONMENT
Division 1--Vessels to which this Part applies
138. Vessels to which this Part applies
139. Geographical application
Division 2--Vessels polluting or damaging the Australian marine environment
140. Operating a vessel so as to pollute or damage the Australian marine environment
141. Failure to ensure vessel is operated so as not to cause pollution or damage to the Australian marine environment
Division 3--Australian vessels polluting or damaging the marine environment outside Australia
142. Operating a vessel so as to pollute or damage the marine environment outside Australia
143. Failure to ensure vessel is operated so as not to cause pollution or damage to the marine environment outside Australia
Division 3A--Australian-based foreign Greater sunrise vessels polluting or damaging the marine environment in the Greater Sunrise special regime area
143A. Operating an Australian - based foreign Greater Sunrise vessel so as to pollute or damage the marine environment in the Greater Sunrise special regime area
143B. Failure to ensure Australian - based foreign Greater Sunrise vessel is operated so as not to cause pollution or damage to the marine environment in the Greater Sunrise special regime area
Division 4--Aggravated contraventions of civil penalty provisions and matters to which eligible court may have regard in determining standard of care etc.
144. Aggravated contraventions of civil penalty provisions
145. Matters to which eligible court may have regard in determining standard of care and risk
PART 4--DIRECTIONS--POWERS RELATING TO FOREIGN VESSELS
Division 1--Vessels to which this Part applies
146. Vessels to which this Part applies
Division 2--Directions may be given to vessels
147. Directions in relation to vessels
148. Persons must comply with direction
149. Geographical application
CHAPTER 5--Tonnage
PART 1--PRELIMINARY
150. Simplified outline of this Chapter
151. Vessels to which this Chapter applies
152. Certain vessels taken to be registered
PART 2--TONNAGE--REGULATIONS AND CERTIFICATES
153. Tonnage regulations
154. Applications for tonnage certificates
155. Issuing body to issue tonnage certificates
156. Issuing body may vary tonnage certificates
157. Revocation of tonnage certificates
PART 3--ADDITIONAL--PROVISIONS RELATING TO NON-TONNAGE CONVENTION VESSELS
158. Register tonnage of non - Tonnage Convention vessels that are registered
159. Tonnage of non - Tonnage Convention vessels to be measured in certain cases
160. Assignment of other tonnages to non - Tonnage Convention vessels
CHAPTER 6--Safety of navigation
PART 1--PRELIMINARY
161. Simplified outline of this Chapter
PART 2--PILOTAGE
Division 1--Vessels to which this Part applies
162. Vessels to which this Part applies
Division 2--Regulations relating to pilotage etc.
163. Regulations relating to compulsory pilotage
164. Regulations relating to licensing of pilots and pilotage providers
165. Regulations relating to operations of licensed pilots and licensed pilotage providers
Division 3--Requirement to navigate with a licensed pilot
166. Navigating without a licensed pilot
167. Offences against section 166 by masters of foreign vessels
168. Representations about being a licensed pilot or pilotage provider
169. Unlicensed person performing duties of licensed pilot or pilotage provider
170. Licensed pilots to issue certificates
171. Engaging an unqualified person to perform duties of licensed pilot
Division 4--Exemption from requirement to navigate with a licensed pilot
172. Application for exemption
173. Failure to comply with conditions of exemption
Division 5--Relationship with the Great Barrier Reef Marine Park Act 1975
174. Part is in addition to the Great Barrier Reef Marine Park Act 1975
PART 3--PREVENTION--OF COLLISIONS
Division 1--Vessels to which this Part applies
175. Vessels to which this Part applies
Division 2--Collisions, lights and signals
176. Power to make regulations relating to collisions, lights and signals
Division 3--Operating a vessel in contravention of regulations
177. Operating a vessel in contravention of the regulations--owner
178. Operating a vessel in contravention of the regulations--master
Division 4--No presumption of fault
179. No presumption of fault
PART 4--OBLIGATION--TO RENDER ASSISTANCE AND REPORT INCIDENTS
Division 1--Vessels to which this Part applies
180. Vessels to which this Part applies
Division 2--Obligation to render assistance
181. Obligation to render assistance
182. Obligation to render assistance if requisitioned
183. Offences against sections 181 and 182 by masters of foreign vessels
184. Obligation to record requests for assistance
185. Reporting of marine incidents to AMSA--owner
186. Reporting of marine incidents to AMSA--master
187. Report of dangers to navigation
PART 5--AIDS--TO NAVIGATION
Division 1--Regulations
188. Regulations relating to aids to navigation
Division 2--AMSA's powers in relation to aids to navigation
189. Acquisition of aids to navigation by compulsory process
190. Power to establish, maintain and inspect aids to navigation
191. Other powers in relation to aids to navigation
192. Returns of aids to navigation
Division 3--Offences and civil penalties relating to aids to navigation
Subdivision A--Failure to comply with notice
193. Failure to comply with a notice about aids to navigation
Subdivision B--Destruction etc. of aids to navigation
194. Intentionally destroying, fouling or damaging aids to navigation
195. Recklessly destroying, fouling or damaging aids to navigation
196. Negligently destroying, fouling or damaging aids to navigation
197. Intentionally obstructing the view of aids to navigation
198. Recklessly obstructing the view of aids to navigation
199. Negligently obstructing the view of aids to navigation
200. Intentionally interfering with aids to navigation
201. Recklessly interfering with aids to navigation
202. Negligently interfering with aids to navigation
203. Intentional removal or alteration of aids to navigation
204. Reckless removal or alteration of aids to navigation
205. Riding by or making fast to aids to navigation
Subdivision C--Other offences relating to aids to navigation
206. Trespassing on aids to navigation
207. Trespassing on vessels or property used by AMSA
208. Notice of damage to aid to navigation
Subdivision D--Geographical application
209. Geographical application
Division 4--Additional matters relating to aids to navigation
210. Liability for damage, etc.
211. Transfer of aids to navigation to be valid
PART 6--SAFE--NAVIGATION
Division 1--Preliminary
212. Vessels to which this Part applies
Division 2--Vessel traffic services
213. Regulations relating to vessel traffic services
214. Liability of master or owner under vessel traffic service arrangements
215. Reports must be provided to a vessel traffic service authority
216. False or misleading information provided to a vessel traffic service authority
217. Geographical application
Division 3--Mandatory routeing
218. Mandatory ship routeing systems
219. Geographical application
220. Navigation not in accordance with mandatory ship routeing system to be entered in log
Division 4--Reporting of movement of vessels
221. Regulations relating to reporting requirements
222. Geographical application
Division 5--The Australian Hydrographic Office and offences and civil penalties relating to taking a vessel to sea without charts, etc.
223. Functions of the Australian Hydrographic Office
224. Taking a vessel to sea without nautical charts and publications--owner
225. Taking a vessel to sea without nautical charts and publications--master
CHAPTER 7--Wrecks and salvage
PART 1--PRELIMINARY
226. Simplified outline of this Chapter
PART 2--WRECKS
Division 1--Wrecks to which this Part applies
227. Wrecks to which this Part applies
Division 2--Rights and powers in relation to wrecks
228. Right of Commonwealth to unclaimed wreck
229. Dealing with wrecks
230. Person must comply with notice
231. Powers to pass over land and require assistance etc.
232. Notification about wrecks
233. Finding or taking possession of wreck
234. AMSA must give notice of wreck
235. Defacing or obliterating marks on a wreck
236. Removing a wreck without consent
237. Powers of officers of Customs
238. Limits on powers to deal with wrecks
239. Certain provisions not applicable to historic wrecks
PART 3--SALVAGE
Division 1--Vessels to which this Part applies
240. Vessels to which this Part applies
Division 2--Regulations relating to salvage
241. Regulations relating to salvage
242. Salvage claims against the Crown, etc.
243. Salvage claims by the Crown, etc.
CHAPTER 8--Enforcement
PART 1--PRELIMINARY
244. Simplified outline of this Chapter
245. Vessels to which Chapter applies
PART 2--DIRECTIONS--POWERS
246. Directions in relation to vessels
247. Persons must comply with directions
PART 3--DETENTION--POWERS
248. Power for AMSA to detain
249. Operating a detained vessel
250. Releasing a vessel from detention
251. Costs of detention
252. Power for officer of Customs to detain or refuse clearance
253. Refusal of clearance
PART 4--INSPECTORS
Division 1--Appointment of inspectors etc.
254. Appointment of inspectors
255. Identity cards
Division 2--Search and seizure powers of inspectors
256. Inspector may enter premises by consent or under a warrant
257. Inspector may board a vessel without consent or warrant
258. Requirement to facilitate boarding of vessels
259. Monitoring powers of inspectors
260. Enforcement powers of inspectors
261. Persons assisting inspectors
262. Use of force in executing a warrant
Division 3--Other powers of inspectors
263. Power to require persons to answer questions and produce documents
264. Inspector may give directions
265. Inspector may give improvement notices
266. Person must comply with improvement notice
267. Inspector may give prohibition notices
268. Person must comply with prohibition notice
269. Display and distribution of copies of notices
270. Notices not to be tampered with or removed
Division 4--Obligations and incidental powers of inspectors
271. Consent
272. Announcement before entry under warrant
273. Inspector to be in possession of warrant
274. Details of warrant etc. to be given to occupier
275. Completing execution of warrant after temporary cessation
276. Completing execution of warrant stopped by court order
277. Expert assistance to operate electronic equipment
278. Compensation for damage to electronic equipment
Division 5--Occupier's rights and responsibilities
279. Occupier entitled to observe execution of warrant
280. Occupier to provide inspector with facilities and assistance
Division 6--General provisions relating to seizure
281. Copies of seized things to be provided
282. Receipts for seized things
283. Return of seized things
284. Magistrate may permit a thing to be retained
285. Disposal of things
Division 7--Warrants
286. Monitoring warrants
287. Enforcement warrants
288. Enforcement warrants by telephone, fax etc.
289. Offence relating to warrants by telephone, fax etc.
Division 8--Powers of magistrates
290. Powers of magistrates
PART 5--CIVIL--PENALTY SUPPORTING PROVISIONS
Division 1--Obtaining a civil penalty order
291. Civil penalty orders
292. Civil enforcement of penalty
293. Conduct contravening more than one civil penalty provision
294. Multiple contraventions
295. Proceedings may be heard together
296. Civil evidence and procedure rules for civil penalty orders
Division 2--Civil proceedings and criminal proceedings
297. Civil proceedings after criminal proceedings
298. Criminal proceedings during civil proceedings
299. Criminal proceedings after civil proceedings
300. Evidence given in civil proceedings not admissible in criminal proceedings
Division 3--Miscellaneous
301. Ancillary contravention of civil penalty provisions
302. Mistake of fact
303. State of mind
304. Civil penalty provisions contravened by employees, agents or officers
PART 6--INFRINGEMENT--NOTICES AND VOLUNTARY ENFORCEABLE UNDERTAKINGS
305. Regulations--infringement notices
306. Acceptance of undertakings
307. Enforcement of undertakings
CHAPTER 9--Other matters
PART 1--PRELIMINARY
308. Simplified outline of this Chapter
PART 2--THE--OFFICIAL LOGBOOK FOR A VESSEL
309. Keeping official logbook
310. Offences relating to content of official logbook
311. Retention of official logbook after removal from vessel
312. Births, deaths etc.
PART 3--ADMINISTRATIVE--REVIEW
313. Review of decisions
PART 4--GENERAL--PROVISIONS RELATING TO CERTIFICATES
314. Regulations may provide for particular matters relating to certificates
315. AMSA may require delivery of revoked certificates
316. Issue, variation and revocation of certificates by issuing bodies other than AMSA
317. Certificates to be made available
318. AMSA may request a foreign country to issue certificates
319. Foreign countries may request AMSA to issue certificates
320. AMSA may recognise certificates
PART 5--MISCELLANEOUS--MATTERS
Division 1--Offences and civil penalties relating to obstruction etc.
321. Obstructing or hindering AMSA
322. Damaging AMSA vessels or equipment
Division 2--Provisions relating to various legal matters
323. Presumption of jurisdiction
324. Immunity from suit
325. Abolition of defence of common employment
326. Civil liability in relation to a vessel under pilotage
327. Service of summons
328. Service of certain documents if no master
329. Proceedings against the Crown
330. Compensation for acquisition of property or causing damage etc.
331. Offences against certain provisions of Act and regulations
332. Physical elements of offences
Division 3--Alternative constitutional bases
333. Alternative constitutional bases
Division 4--Exemption
334. Power of exemption
335. Person must not contravene condition of exemption
Division 5--Other matters
336. Publication of information about vessels
337. Penalty for receiving fees for supply of seafarers
337A. Compliance of foreign - based foreign Greater Sunrise vessels with international safety and operating standards
338. AMSA may approve form
PART 6--REGULATIONS--AND OTHER LEGISLATIVE INSTRUMENTS
339. General regulation - making power
340. Regulation - making power to implement Conventions
341. General provisions relating to regulations
342. Marine Orders
342A. Vessels that become or stop being facilities etc.
343. Regulations and orders under the Navigation Act 1912
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback