4/6/2018 Legislation

Published on Australian Maritime Safety Authority (https://www.amsa.gov.au)

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Legislation
Overview of the international and domestic regulations and standards that apply in Australia.

Australia's maritime safety and environment protection regulatory system is based on international and national standards, and
Australian government policies. Our regulations are developed in consultation with peak bodies, and industry stakeholders.

Domestic standards
The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 [1] (the National Law) replaces eight federal, state and territory
laws with a single regulatory framework for the certi cation, construction, equipment, design and operation of domestic
commercial vessels inside Australia's exclusive economic zone (EEZ). Please read our Statement of Regulatory Approach [2] as the
national regulator for domestic commercial vessels.

Regulations

The Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 [3] (the Regulations) sets out:

the de nition of domestic commercial vessel

the de nition of vessel
details and requirements of the accredited marine surveyor scheme
fees that may be charged under the National Law.

Marine orders

Marine orders made under the National Law set out the speci c requirements in relation to certi cation, vessel identi cation and
administrative requirements.

Marine orders also applies vessel safety standards for vessel construction, equipment, design, operations and seafarer
quali cations.

The marine orders establish a system of grandfathering and distinguish between new vessels and existing vessels in the application
of vessel standards. Generally, the marine orders apply:

The National Standard for Commercial Vessels (NSCV) [4] and the National Standards for the Administration of Marine Safety
(NSAMS) Standards [5] for new vessels.
Those standards that applied on 30 June 2013 for existing vessels.

Exemptions

Exemptions from parts of the National Law are provided where:

it is unreasonable to require full compliance

where transitional arrangements are required.

General exemptions are provided to a class of people or vessels, such as heritage vessels or traditional operators. Some general
exemptions require an application to be made before the exemption can be accessed, while others are available as of right.

Speci c exemptions may be available where required for a speci c person or vessel, and an application will generally be required in
these instances.

For further information read our policy on granting exemptions [6].

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International standards
We work collaboratively to ensure that international maritime safety and environment protection standards are re ected in our
domestic legislation. These  standards relate to ship design and construction , ship survey and safety, crewing, seafarer
quali cations and welfare, occupational health and safety, carriage and handling of cargoes, passengers and marine pollution
prevention. The Navigation Act 2012, Protection of the Sea Acts and  [7]marine orders  [7]implement the following international
convention requirements applicable to Australia.

International Convention for the Safety of Life at Sea (SOLAS)

International Convention for the Prevention of Pollution from Ships (MARPOL)
International Convention on the Control of Harmful Anti-fouling Systems on Ships
Maritime Labour Convention (MLC)
International Convention for Standards of Training, Certi cation and Watchkeeping for Seafarers (STCW)
International Convention on Load Lines (Load Lines)
Convention on the International Regulations for Preventing Collisions at Sea (COLREGS)
International Convention on Safe Containers (CSC)
International Convention on Tonnage Measurement of Ships
Convention on the Limitation of Liability of Maritime Claims

Amendments to conventions and international standards are discussed at meetings convened by the international organisation
responsible for the convention or standard. We attend meetings, to present Australia's views, convened by the following
organisations:

International Maritime Organization [8] (IMO)

International Association of the Marine Aids to Navigation and Lighthouse Authorities [9] (IALA)
International Labour Organization [10] (ILO)

Want to get involved?

It is our job to ensure our regulations and standards re ect our safety standards and meet industry's needs.

For international standards, Australia maintains a strong international presence through bilateral contact with maritime safety
agencies, cooperation and engagement and multi-lateral agreements. We engage with our domestic stakeholders via advisory and
working groups and direct email to assist us to develop Australia's position prior to each of these meetings.  

For our domestic standards, we convene a number of committees and technical advisory panels [4] to inform us when making
changes to marine orders and standards.

More information on our engagement forums and how you can get involved is available on our consultation page.

Want to know when a marine order or standard has changed?

We have a number of ways to tell you when a change to a marine order or standard has been made.

Subscribe to receive marine notices [11]. 

We consult on changes to marine orders [12].
Read our newsletters and publications [13].
View our regulations and standards [14] on our website.

Source URL: https://www.amsa.gov.au/legislation

Links
[1] https://www.legislation.gov.au/Series/C2012A00121
[2] https://www.amsa.gov.au/vessels-operators/regulations-and-standards-vessels/our-regulatory-approach
[3] https://www.legislation.gov.au/Series/F2013L00900
[4] https://www.amsa.gov.au/vessels-operators/regulations-and-standards-vessels/national-standard-commercial-vessels
[5] https://www.amsa.gov.au/ le/263/download?token=vc1Jz70L
[6] https://www.amsa.gov.au/about-us/corporate-publications/amsa655-exemptions-domestic-commercial-vessel-national-law
[7] https://www.amsa.gov.au/node/630
[8] http://www.imo.org/en/Pages/Default.aspx
[9] https://www.amsa.gov.au/safety-navigation/navigating-coastal-waters/international-association-marine-aids-navigation-and

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[10] http://www.ilo.org/
[11] https://www.amsa.gov.au/vessels-operators/regulations-and-standards-vessels/marine-notices
[12] https://www.amsa.gov.au/news-community/consultations
[13] https://www.amsa.gov.au/about-us/corporate-publications
[14] https://www.amsa.gov.au/vessels-operators/regulations-and-standards-vessels

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