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NAVIGATION ACT 2012 (NO. 128, 2012)


TABLE OF PROVISIONS

            

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 customs 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 customs 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
            

   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 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

   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 Service and offences and civil penalties relating to taking a vessel to sea without charts, etc

   223.    Functions of the Australian Hydrographic Service  
   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 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 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  
   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  
   343.    Regulations and orders under the Navigation Act 1912  


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