Navigation Act 2012 (Cth)

Navigation Act 2012

No. 128, 2012

Compilation No. 14

Compilation date: 15 February 2025

Includes amendments: Act No. 2, 2025

About this compilation

This compilation

This is a compilation of the Navigation Act 2012 that shows the text of the law as amended and in force on 15 February 2025 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history