Marine Order 501 (Administration - national law) 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L01175

AMSA MO 2013/6
Marine Order 501 (Administration — national law) 2013
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority (the National Marine Safety Regulator under section 9 of the Marine Safety (Domestic Commercial Vessel) National Law), make this Order under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law.
21 June 2013
Graham Peachey
Chief Executive Officer
                                                        
Division 1               Preliminary....................................................................................... 3
1               Name of Order............................................................................................... 3
2               Commencement............................................................................................. 3
3               Purpose......................................................................................................... 3
4               Power............................................................................................................ 3
5               References in NSCV and NSAMS.................................................................... 3
6               Criteria for fit and proper person....................................................................... 4
Division 2               Interpretation of Marine Orders.................................................. 4
7               Definitions..................................................................................................... 4
Division 3               Application process...................................................................... 5
8               Applications to which this Division applies...................................................... 5
9               Form and content of application..................................................................... 5
10             Request for further information etc.................................................................. 6
11             Notification of applicant of progress of application......................................... 6
12             Period for consideration of application............................................................ 6
13             Decision on application and notification of decision........................................ 6
Division 4               Review process.............................................................................. 7
Subdivision 4.1        Review of decisions under the national law...................................... 7
14             Information required for application for review................................................. 7
Subdivision 4.2        Review of decisions under Marine Orders........................................ 7
15             Reviewable decisions..................................................................................... 7
16             Internal review of decisions............................................................................. 7
17             Review by AAT............................................................................................... 8
Division 5               Return of detained vessels......................................................... 8
18             Application of Division 5................................................................................ 8
19             Circumstances............................................................................................... 8
20             Arrangements to return vessel......................................................................... 8
21             Steps to be taken........................................................................................... 9
Division 6               Infringement notices..................................................................... 9
22             When infringement notice can be given............................................................ 9
23             Contents of infringement notice...................................................................... 9
24             Giving the notice.......................................................................................... 10
25             Amount of penalty if notice given.................................................................. 10
26             Time for payment of penalty......................................................................... 10
27             Extension of time to pay............................................................................... 11
28             Payment by instalments................................................................................ 11
29             Withdrawal of infringement notice.................................................................. 11
30             Notice of refusal........................................................................................... 12
31             Payment of penalty if infringement notice not withdrawn................................. 12
32             Effect of payment of infringement notice penalty........................................... 12
33             Admissions under subsection 29(2)............................................................... 12
34             Matter not to be taken into account in determining penalty.............................. 13
35             Evidence for hearing..................................................................................... 13
36             Infringement notice not compulsory, etc........................................................ 13
Division 7               Approved forms........................................................................... 14
37             Approved forms........................................................................................... 14
Schedule 1                     Infringement notice offences............................................. 14
Division 1                   National law............................................................................... 14
Division 2                   Marine orders............................................................................. 17
 
Division 1     Preliminary
  
1          Name of Order
                 This Order is Marine Order 501 (Administration — national law) 2013.
Note   The series of Marine Orders under the national law is numbered starting with 501, to distinguish them from Marine Orders made under the Navigation Act 2012, which are numbered starting with 1.
2          Commencement
                 This Order commences on 1 July 2013.
3          Purpose
                 The purpose of this Order is to facilitate the consistency and shortening of Marine Orders made under the national law by setting out:
(a)   rules of interpretation that generally apply to all Marine Orders; and
(b)   generic provisions that a Marine Order may adopt; and
(c)   provisions that apply to all Marine Orders.
4          Power
        (1)     Paragraph 74(1)(c) of the national law provides that the regulations may prescribe matters to which the National Regulator may have regard in determining whether a person is a fit and proper person.
        (2)     Subsection 101(5) of the national law provides that the regulations may provide for the return of detained vessels.
        (3)     Section 138 of the national law provides that the regulations may provide for enabling a person who is alleged to have committed an offence against the national law to pay a penalty to the Commonwealth as an alternative to prosecution.
        (4)     Section 142 of the national law provides for regulations to be made providing for review of decisions made under the Orders.
        (5)     Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.
        (6)     Subsection 163(1) of the national law provides that the National Regulator (AMSA) may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the subsection.
5          References in NSCV and NSAMS
                 In the NSCV and NSAMS, a reference to any of the following is taken to mean the National Regulator:
(a)   Commonwealth Authority;
(b)   Marine Authority;
(c)   Marine Safety Authority;
(d)   State Marine Authority;
(e)   State or Territory Authority;
(f)    State, Territory or Commonwealth Marine Safety Authority;
(g)   statutory marine authority;
(h)   statutory marine authority of the Commonwealth of Australia or of a State or Territory within the Commonwealth.
6          Criteria for fit and proper person
                 For section 74 of the national law, in determining whether a person is a fit and proper person for the purpose of deciding whether to issue or revoke a certificate, the National Regulator may have regard to the following matters:
(a)   whether the person has had a similar certificate, issued under a law of the Commonwealth or a State or Territory, suspended, revoked or cancelled;
(b)   whether the person is suffering from a medical condition or has a physical or mental incapacity that makes the person unsuitable to hold or to continue to hold the certificate;
(c)   whether the person had been found to be not a fit and proper person under a law;
(d)   for a certificate of operation:
             (i)  whether the person is an undischarged bankrupt or is insolvent; and
            (ii)  whether the person has unpaid court-imposed fines; and
           (iii)  whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; and
           (iv)  whether any civil penalties have been imposed on the person under the regulations.
Note   For other matters that the National Regulator may consider — see subsection 74(1) of the national law.
Division 2     Interpretation of Marine Orders
  
7          Definitions
                 In a Marine Order:
AFS Act means the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
AMSA Act means the Australian Maritime Safety Authority Act 1990.
approved form means a form approved by the National Regulator.
equivalent, for an approval mentioned in a Marine Order, has the meaning given in the Order that provides that a person may apply for the approval for an equivalent to be fitted, used or carried.
equivalent guideline, for an approval mentioned in a Marine Order, has the meaning given in the Order that provides that a person may apply for the approval of an equivalent guideline.
Load Lines Convention means the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia from time to time.
Marine Order means an order made under subsection 163(1) of the national law.
Marine Safety (Domestic Commercial Vessel) National Law — see Schedule 1 to the National Law Act.
MARPOL — see subsection 3(1) of the Pollution Prevention Act, meaning of the Convention.
national law means the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to the National Law Act.
National Law Act means the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
NSAMS means the National Standard for the Administration of Marine Safety, endorsed by the Australian Transport Council on 6 November 2009.
NSCV — see section 6 of the national law, meaning of National Standard for Commercial Vessels.
Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
significantly altered, for a vessel, means that the total mass of items added or removed is more than 4% of the displacement of the vessel before the alteration.
USL Code — see section 6 of the national law, meaning of Uniform Shipping Laws Code.
Note   Other terms used in Marine Orders have the same meaning as they have in the national law  — see Part 1 of the national law.
Division 3     Application process
  
8          Applications to which this Division applies
        (1)     This Division applies to any matter that a Marine Order provides is a matter for which an application must be made in accordance with this Order.
   (2)     A Marine Order that provides that an application must be made in accordance with this Order may vary the process set out in this Order as it applies to the application.
Example
The period for consideration of the application may be varied.
9          Form and content of application
                 An application mentioned in section 8:
(a)   must:
             (i)  be in writing; and
            (ii)  be in the approved form, if any; and
           (iii)  include any other information or document that an Order requires be included; and
           (iv)  be accompanied by any fee charged by a State or the Northern Territory, or an agency of a State or the Northern Territory, for a thing done by a delegate of the National Regulator, or an accredited person, who is an officer or employee of that State, the Northern Territory or that agency; and
(b)   may include any other information or document the applicant considers relevant to the application.
Example for subparagraph (a)(iii)
A Marine Order may require information in accordance with an international agreement that Australia has implemented.
Note 1   For fees that may be charged — see section 9 of the National Law Act.
Note 2   Giving false or misleading information in an application is an offence — see subsection 136(1) of the Criminal Code.
10        Request for further information etc
        (1)     The National Regulator may, in writing, ask the applicant to provide any information or document that the National Regulator reasonably considers necessary for  consideration of the application.
        (2)     The National Regulator may, in writing, ask another person to provide any information, document or agreement that the National Regulator reasonably considers necessary for consideration of the application.
Note   More than 1 request may be made under this section.
11        Notification of applicant of progress of application
                 If the National Regulator asks for information, a document or an agreement under section 10, the National Regulator must tell the applicant, in writing:
(a)   if the information, document or agreement has been requested under subsection 10(2) — that the information, document or agreement has been requested and from whom; and
(b)   about the effect of the request on the period for consideration of the application.
12        Period for consideration of application
                 An application must be considered:
(a)   if no request for further information or documents is made under section 10 — within 90 days after the National Regulator receives the application; or
(b)   within 90 days after the National Regulator receives all the information, documents or final responses requested under section 10; or
(c)   if the National Regulator does not receive all the information, documents or final responses requested under section 10 within a reasonable period for the kind of request — within 90 days after that period.
13        Decision on application and notification of decision
        (1)     The National Regulator must, within the period mentioned in section 12:
(a)   issue the identifier or certificate, or decide the application; and
(b)   if an identifier or certificate is not issued — tell the applicant, in writing:
             (i)  the decision on the application and any conditions imposed; and
            (ii)  the reasons for the decision if:
(A)    the decision is not to approve the application; or
(B)    it is an application for an exemption and the decision is not to grant the exemption.
Note    A Marine Order that provides that an application may be made to the National Regulator in accordance with this Order may set out criteria to be considered when deciding the application.
        (2)     If the National Regulator does not decide the application within the period mentioned in section 12, the National Regulator is taken to have decided:
(a)   not to approve the application; or
(b)   if it is an application for an exemption — not to grant the exemption.
Division 4     Review process
Subdivision 4.1    Review of decisions under the national law
14        Information required for application for review
                 For paragraph 140(3)(b) of the national law, an application for review must contain the following information:
(a)   the decision for which the review is sought;
(b)   grounds for the review.
Note  The application must be in the approved form — see national law, s 140(3)(a). Approved forms are on the AMSA website at http://www.amsa.gov.au.
Subdivision 4.2    Review of decisions under Marine Orders
15        Reviewable decisions
                 A decision mentioned in section 13 is a reviewable decision.
Note   The term reviewable decision is used here in a different context to that in which it is used in section 139 of the national law.
16        Internal review of decisions
        (1)     A person who is affected by a reviewable decision may apply, in writing, to the National Regulator for internal review of the decision before the later of the following:
(a)   30 days after:
             (i)  notification of the decision; or
            (ii)  if the decision is not notified within the period mentioned in section 12 — the end of that period;
(b)   a longer period determined by the National Regulator.
   (2)     The National Regulator must, on receipt of the application, review the reviewable decision.
        (3)     The National Regulator must:
(a)   affirm the reviewable decision; or
(b)   make any other decision that the National Regulator considers appropriate.
        (4)     The National Regulator must tell the applicant, in writing, of the outcome of the internal review within 28 days, or a longer period agreed by the applicant, after the application for internal review was received.
        (5)     A notice under subsection (4) must include statements to the effect that:
(a)   if the applicant is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b)   the applicant may request a statement of reasons under section 28 of that Act.
        (6)     Failure to comply with subsection (5) for a decision does not affect the validity of the decision.
17        Review by AAT
                 A person affected by a decision under subsection 16(3) may apply to the Administrative Appeals Tribunal for review of the decision.
Division 5     Return of detained vessels
  
18        Application of Division 5
                 For subsection 101(5) of the national law, this Division applies to the return of a vessel that has been detained.
19        Circumstances
        (1)     The National Regulator may impose conditions on the return of the vessel.
        (2)     In deciding whether to return the vessel, the National Regulator may consider whether:
(a)   any fees related to the detention of the vessel have been paid; and
(b)   the vessel is in good physical condition; and
(c)   any conditions for return of the vessel have been met; and
(d)   any penalties payable by the vessel owner in relation to the detention under an infringement notice issued under section 22 or a court-imposed fine have been paid; and
(e)   any investigation of a breach of the national law has been completed and the National Regulator is satisfied there is no further safety risk in releasing the vessel; and
(f)    the reasons for detaining the vessel have been rectified or otherwise have ceased to exist; and
(g)   any conditions placed on the vessel’s release are sufficient to address the reasons for the detention; and
(h)   the vessel is, or will be, no longer involved in a contravention of the national law.
20        Arrangements to return vessel
        (1)     The National Regulator must, within 7 days after making a decision mentioned in section 19, give notice in writing to:
(a)   the owner of the vessel; or
(b)   if no such person is able to be located — the person who had possession or control of the vessel immediately before it was detained.
        (2)     The notice must:
(a)   tell the person that the vessel is to be returned, and of any conditions for the return; and
(b)   ask the person for details of the person to whom the vessel is to be returned.
21        Steps to be taken
                 The vessel must be returned as soon as practicable to the owner of the vessel or a person authorised in writing by the owner to take possession of it.
Division 6     Infringement notices
22        When infringement notice can be given
                 If there are reasonable grounds for believing that a person has committed an offence against a section of the national law or a marine order mentioned in Schedule 1, the National Regulator or a marine safety inspector may give to the person an infringement notice for the infringement notice penalty mentioned in Schedule 1 for the offence.
23        Contents of infringement notice
        (1)     The notice must include the following information:
(a)   the name and address of the person given the notice;
(b)   if the person is an individual — the person’s date of birth;
(c)   the provision of the national law, Marine Orders or the regulations that it is alleged has been contravened;
(d)   details of the alleged offence, including:
             (i)  the day and, if appropriate, the time when it is alleged to have been committed; and
            (ii)  the place where it is alleged to have been committed;
(e)   the maximum penalty that may be imposed by a court for the offence;
(f)    the amount payable as the infringement notice penalty;
(g)   a statement that the person can apply for an extension of time to pay under section 27;
(h)   a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by paying the infringement notice penalty:
             (i)  before the end of 28 days after the day the notice is given; or
            (ii)  if a further period is allowed by the National Regulator under section 27 — before the end of the further period; or
           (iii)  if payment by instalments is permitted by the National Regulator under section 28 — in accordance with the permission;
(i)    how and where the infringement notice penalty may be paid;
(j)    a statement that if, before the end of 28 days after service of the notice, the person tells the National Regulator, in the way set out in the notice, about any facts or matters that the person thinks should be taken into account for the offence and asks that the National Regulator withdraw the notice in accordance with section 29:
             (i)  time for payment of the penalty will be extended to the extent necessary for a decision to be made about those facts or matters; and
            (ii)   the National Regulator must consider the matters mentioned in section 29; 
(k)   a statement that, if the infringement notice penalty is paid in time:
             (i)  the person’s criminal liability for the offence is discharged; and
            (ii)  further proceedings cannot be taken against the person for the offence; and
           (iii)  the person is not taken to have been convicted of the offence;
(l)    a statement to the effect that, if none of the things mentioned in paragraph (h) or (j) is done within the time specified, the person may be prosecuted for the alleged offence and may be found liable for an amount up to the maximum penalty for the offence;
(m)  the name or identifying number of the person who gave the notice.
        (2)     An infringement notice may contain any other information that the National Regulator or the marine safety inspector considers necessary.
24        Giving the notice
        (1)     The notice must be given to the person within 12 months after the alleged commission of the offence.
        (2)     The notice must be given by:
(a)   handing the notice to the person; or
(b)   mailing it to the person’s last known address; or
(c)   leaving it at the person’s last known address with a person apparently over 16 years old; or
(d)   if the person is a body corporate:
             (i)  mailing it to the registered office of the person; or
            (ii)  leaving it at the registered office of the person with a person apparently over 16 years old.
25        Amount of penalty if notice given
                 The penalty payable under an infringement notice for an alleged commission of an offence mentioned in Schedule 1 is the amount of penalty units mentioned in Schedule 1 for the offence.
26        Time for payment of penalty
                 The penalty stated in an infringement notice must be paid within:
(a)   28 days after the day when the notice is given to the recipient; or
(b)   another period mentioned in this Order.
27        Extension of time to pay
        (1)     On written application by a person to whom an infringement notice has been given, the National Regulator may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not it is more than 28 days after the notice was given.
        (2)     If application is made after 28 days after the notice was given, the application must include an explanation why the alleged offender could not deal with the notice within that period.
        (3)     the National Regulator must:
(a)   grant or refuse a further period; and
(b)   give the applicant written notice of the decision; and
(c)   if the decision is a refusal — mention in the notice the reasons for refusal.
        (4)     The person must pay the penalty:
(a)   if a further period is granted — before the end of that period; or
(b)   if the decision is a refusal — before the end of the later of:
             (i)  7 days after receiving notice of the refusal; or
            (ii)  the 28 day period.
28        Payment by instalments
        (1)     On written application by a person to whom an infringement notice has been given, the National Regulator may make an arrangement with a person to whom an infringement notice has been given (whether or not the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments.
        (2)     The National Regulator must:
(a)   grant or refuse to make an arrangement; and
(b)   give the applicant written notice of the decision; and
(c)   if the decision is a refusal — mention in the notice the reasons for refusal.
        (3)     The person must pay the penalty:
(a)   if an arrangement is made — in accordance with the arrangement; or
(b)   if the decision is a refusal — before the end of the later of:
             (i)  the 28 day period; or
            (ii)  7 days after receiving the notice of the refusal.
29        Withdrawal of infringement notice
        (1)     Whether or not an application is made under subsection (2), the National Regulator, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
        (2)     Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to the National Regulator for it to be withdrawn.
        (3)     Within 28 days after receiving the application, the National Regulator must:
(a)   withdraw, or refuse to withdraw, the notice; and
(b)   give the applicant written notice of the decision; and
(c)   if the decision is a refusal — mention in the notice the reasons for the refusal.
        (4)     In making a decision, the National Regulator must consider:
(a)   the facts or matters mentioned in the application; and
(b)   the circumstances in which the offence mentioned in the notice is alleged to have been committed; and
(c)   unless the application is only based on the validity of the infringement notice:
             (i)  whether the person has been convicted previously of an offence mentioned in Schedule 1; and
            (ii)  whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and
(d)   any other matter the National Regulator considers relevant to the decision.
        (5)     If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.
30        Notice of refusal
                 If the National Regulator decides to refuse to withdraw an infringement notice, notice of the decision must state:
(a)   that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged offence; and
(b)   that if the amount is not paid, the person may be prosecuted for the alleged offence.
31        Payment of penalty if infringement notice not withdrawn
                 If the National Regulator refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal.
32        Effect of payment of infringement notice penalty
        (1)     If a person is given an infringement notice pays the infringement notice penalty in accordance with this Division:
(a)   the person’s criminal liability for the offence is discharged; and
(b)   further proceedings cannot be taken against the person for the offence; and
(c)   the person is not convicted of the offence.
        (2)     Subsection (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.
33        Admissions under subsection 29(2)
                 Evidence of an admission made by a person in an application under subsection 29(2) is inadmissible in proceedings against the person for the alleged offence.
34        Matter not to be taken into account in determining penalty
        (1)     This section applies if a person who is given an infringement notice:
(a)   elects not to pay the infringement notice penalty; and
(b)   is prosecuted for, and convicted of, the alleged offence mentioned in the notice.
        (2)     In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.
35        Evidence for hearing
        (1)     At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:
(a)   a certificate signed by the National Regulator or a marine safety inspector stating that:
             (i)  the notice was given to the alleged offender; and
            (ii)  the infringement notice penalty has not been paid in accordance with this Division;
(b)   a certificate signed by the National Regulator or a marine safety inspector and stating that the notice was withdrawn on a day mentioned in the certificate;
(c)   a certificate signed by the National Regulator and stating that:
             (i)  a further period was refused, under section 27, for payment of the infringement notice penalty; and
            (ii)  the infringement notice penalty has not been paid in accordance with this Division;
(d)   a certificate signed by the National Regulator and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate;
(e)   a certificate signed by the National Regulator and stating that:
             (i)  for section 27, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and
            (ii)  the infringement notice penalty was not paid in accordance with the notice or within the further time.
        (2)     A certificate that purports to have been signed by the National Regulator or a marine safety inspector is taken to have been signed by that person unless the contrary has been proved.
36        Infringement notice not compulsory, etc
                 Nothing in this Division is taken:
(a)   to require that a person suspected of having committed an offence mentioned in Schedule 1 be given an infringement notice; or
(b)   to affect the liability of a person to be prosecuted for an alleged offence, if:
             (i)  an infringement notice is not given to the person for the offence; or
            (ii)  an infringement notice is given, and withdrawn; or
(c)   to limit the penalty that may be imposed by a court on a person convicted of an offence.
Division 7     Approved forms
 
37        Approved forms
        (1)     The National Regulator may approve a form for a provision of a Marine Order.
        (2)     If the National Regulator approves a form under subsection (1), the approved form must be used for the purpose for which it is approved.
Note   Approved forms are available on the AMSA website at http://www.amsa.gov.au.
Schedule 1    Infringement notice offences
(section 22)
Division 1     National law
Item
Section of national law
Description
Penalty units — individual
Penalty units — body corporate

1
13(4)
Breach duty to ensure safety of vessel, marine safety equipment and operation (owner)
12
60

2
15(4)
Breaching duty relating to design, manufacture etc  of domestic commercial vessel
12
60

3
18(4)
Breach duty to ensure safety of vessel, marine safety equipment and operations or to take reasonable care for safety of persons (master)
12
60

4
20(4)
Breach duty of crew to take reasonable care for the safety of persons, etc
12
60

5
22(4)
Breach duty of passenger to take reasonable care for safety of persons, etc
12
60

6
24(4)
Breach duty relating to safety of persons on domestic commercial vessels, etc
12
60

7
26(4)
Breach duty relating to prevention of loss or destruction of, or serious damage to, domestic commercial vessel
12
60

8
32
Operating domestic commercial vessel without unique identifier (owner)
12
60

9
33
Operating domestic commercial vessel without unique identifier (master)
12
 
60

10
34
Not displaying unique identifier (owner)
12
 
60

11
35
Not displaying unique identifier (master)
12
60

12
36
Remove or alter unique identifier
12
60

13
43
Operating domestic commercial vessel without certificate of survey (owner)
12
 
60

14
44
Operating domestic commercial vessel without certificate of survey (master)
12
60

15
45
Breach of condition of certificate of survey (owner)
12
 
60

16
46
Breach of condition of certificate of survey (master)
12
60

17
53
Operating domestic commercial vessel without certificate of operation (owner)
12
60

18
54
Operating domestic commercial vessel without certificate of operation (master)
12
60

19
55
Breach of condition of certificate of operation  (owner)
12
60

20
56
Breach of condition of certificate of operation (master)
12
60

21
57
Obligation to notify National Regulator of certain matters
12
60

22
65
Owner causing etc performance of duties without certificate of competency
12
60

23
66
Person performing duties without certificate of competency
12
60

24
67
Master causing etc performance of duties or functions without certificate of competency
12
60

25
68
Owner causing breach of condition of certificate of competency
12
60

26
69
Person causing breach of condition of certificate of competency
12
60

27
70
Master causing breach of condition of certificate of competency
12
60

28
83
Certificates or other documents to be made available
12
60

29
87
Obligation to record request for assistance
10
50

30
88
Owner obligation to report marine incidents
12
60

31
89
Master obligation to report marine incidents
12
60

32
93
Falsely representing being marine safety inspector
12
60

33
95
Requirement to facilitate boarding domestic commercial vessel
12
60

34
102
Failing to show, demonstrate operation of machinery or equipment as required
12
60

35
102
Failing to give name, residential address, date of birth or evidence of identity to marine safety inspector
12
60

36
102
Failing to stop or manoeuvre vessel, adopt or maintain course or speed or take vessel to specified place
12
60

37
102
Provide false or misleading name, address, date or evidence
12
60

38
109
Fail to take steps within specified time
12
60

39
110
Commit act or omission that breaches requirement of improvement notice
12
60

40
111
Commit act or omission that breaches requirement of prohibition notice
12
60

41
112
Not displaying notice as required
12
60

42
113
Tamper with or remove notice
12
60

43
126
Failure to provide marine safety inspector with reasonable facilities and assistance
6
30

44
144
Owner breach of condition of exemption
12
60

45
145
Master breach of condition of exemption
12
60

46
146
Person breach of condition of exemption
12
60

47
155
Failure to give information
12
60

48
161
Contravene prescribed condition
12
60

Note 1   An infringement notice penalty for an offence is one-fifth of the maximum fine that a court could impose on a person as a penalty for the offence — see subsection 138(2) of the national law.
Note 2    An infringement notice penalty for a body corporate is 5 times the maximum fine that a court could impose on an individual as a penalty — see subsection 4B(3) of the Crimes Act 1914.
Division 2     Marine orders
Item
Marine order and section
Description
Penalty units — individual
Penalty units — body corporate

1
Marine Order 502 (Vessel identifiers — national law) 2013, s 9(1)
Fail to tell National Regulator of transfer of ownership
12
60

2
Marine Order 502 (Vessel identifiers — national law) 2013, s 9(2)
Fail to tell National Regulator when vessel is withdrawn, sunk or scrapped
12
60

3
Marine Order 507 (Load line certificates — national law) 2013, s 15(1)
Breach condition of certificate (master)
12
60

4
Marine Order 507 (Load line certificates — national law) 2013, s 16(1)
Breach condition of certificate (owner)
12
60

5
Marine Order 507 (Load line certificates — national law) 2013, s 17(1)
Operating vessel without certificate, without displaying load lines or marks, or if load lines are marks are submerged (master)
12
60

5
Marine Order 507 (Load line certificates — national law) 2013, s 18(1)
Operating vessel without certificate, without displaying load lines or marks, or if load lines are marks are submerged (owner)
12
60

Note
1.         All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 
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