Commonwealth: Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)

Marine Safety (Domestic Commercial Vessel) National Law Act 2012 No. 121, 2012 Compilation No. 6 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 that shows the text of the law as amended and in force on 14 October 2024 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1 Short title 2 Commencement 3 Definitions 4 Adoption of Marine Safety (Domestic Commercial Vessel) National Law 5 Constitutional reach of Act 6 Relationship with State and Territory laws 7 Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws 8 Extraterritorial operation 9 Charging of fees by States etc. not prevented 10 National Regulator to pay amounts to States, etc. 11 Commonwealth consent to conferral of functions etc. on the National Regulator etc. by corresponding State‑Territory laws 12 Meaning of corresponding State‑Territory law 13 Meaning of imposes a duty 14 When duty imposed 15 Imposing duty under State or Territory law 16 Review of decisions under corresponding State‑Territory laws 17 References in instruments to the National Law 18 Powers of magistrates 19 Regulations Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Law 4 Law binds the Crown 5 Extended geographical jurisdiction—category A 6 Definitions 7 Definition of domestic commercial vessel 8 Definition of vessel Part 2—The National Marine Safety Regulator 9 The National Marine Safety Regulator 10 Functions of the National Regulator 11 Delegation Part 3—General safety duties relating to domestic commercial vessels Division 1—Duties of owners 12 Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations 13 Offences relating to contraventions of section 12 Division 2—Duties of designers, builders, suppliers etc. 14 Duty relating to design, manufacture etc. of domestic commercial vessels 15 Offences relating to contraventions of section 14 Division 3—Duties of masters 16 Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations 17 Duty of masters of domestic commercial vessels to take reasonable care for safety of persons 18 Offences relating to contraventions of section 16 or 17 Division 4—Duties of crew 19 Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc. 20 Offences relating to contraventions of section 19 Division 5—Duties of passengers 21 Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc. 22 Offences relating to contraventions of section 21 Division 6—Other duties 23 Duty of persons relating to safety of persons on domestic commercial vessels, etc. 24 Offences relating to contraventions of section 23 25 Duty of persons in relation to domestic commercial vessels 26 Offences relating to contraventions of section 25 Division 7—General provisions 27 Determining what is reasonably practicable to ensure safety 28 Functions and powers of marine safety inspectors not affected 29 Requirements imposed by this Part do not limit one another Part 4—Vessel identifiers and certificates for vessels and seafarers Division 1—Unique identifiers 30 Person may apply for unique identifier 31 Issue of unique identifier 32 Offence—operating etc. a vessel without a unique identifier (owner) 33 Offence—operating etc. a vessel without a unique identifier (master) 34 Offence—display etc. of a unique identifier (owner) 35 Offence—display etc. of unique identifier (master) 36 Offence—removal or alteration of a unique identifier Division 2—Certificates of survey 37 Person may apply for a certificate of survey 38 Issue of certificate of survey 39 Person may apply for variation, suspension or revocation of a certificate of survey 40 Variation of certificate of survey 41 Suspension of certificate of survey 42 Revocation of certificate of survey 43 Offence—operating etc. a vessel without a certificate of survey (owner) 44 Offence—operating etc. a vessel without a certificate of survey (master) 45 Offence—breach of a condition of a certificate of survey (owner) 46 Offence—breach of a condition of a certificate of survey (master) Division 3—Certificates of operation 47 Person may apply for a certificate of operation 48 Issue of certificate of operation 49 Person may apply for variation, suspension or revocation of a certificate of operation 50 Variation of certificate of operation 51 Suspension of certificate of operation 52 Revocation of certificate of operation 53 Offence—operating etc. a vessel without a certificate of operation (owner) 54 Offence—operating etc. a vessel without a certificate of operation (master) 55 Offence—breach of a condition of a certificate of operation (owner) 56 Offence—breach of a condition of a certificate of operation (master) 57 Obligation to notify National Regulator of certain matters Division 4—Certificates of competency 58 Regulations may provide for certificate of competency 59 Individual may apply for a certificate of competency 60 Issue of certificate of competency 61 Person may apply for variation, suspension or revocation of a certificate of competency 62 Variation of certificate of competency 63 Suspension of certificate of competency 64 Revocation of certificate of competency 65 Offence—owner causing etc. performance of duties or functions without a certificate of competency 66 Offence—person performing duties or functions without a certificate of competency 67 Offence—master causing etc. performance of duties or functions without a certificate of competency 68 Offence—owner causing etc. breach of a condition of a certificate of competency 69 Offence—breach of a condition of a certificate of competency by any person 70 Offence—master causing etc. breach of a condition of a certificate of competency Division 5—General matters relating to unique identifiers and certificates 71 National Regulator may require information 72 National Regulator must give a show cause notice before varying, suspending or revoking a certificate 73 National Regulator may recognise certificates 74 Fit and proper person 75 Regulations may provide for matters relating to certificates and unique identifiers 76 Regulations may provide for matters relating to applications for certificates and unique identifiers 77 Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers 78 Regulations may make provision in relation to renewal and transfer of certificates 79 Regulations may require display of certificates 80 Regulations may provide for certificate of operation for persons 81 Effect of certificate of operation for persons 82 Defeasibility 83 Certificates etc. to be made available 84 National Regulator may require delivery of revoked certificates Part 5—Assistance and reporting requirements 85 Obligation to render assistance 86 Obligation to render assistance if requisitioned 87 Obligation to record requests for assistance 88 Reporting of marine incidents to National Regulator (owner) 89 Reporting of marine incidents to National Regulator (master) 90 Evidence of marine incidents Part 6—Powers of marine safety inspectors Division 1—Appointment of marine safety inspectors etc. 91 Appointment of marine safety inspectors 92 Identity cards 93 False representation about being a marine safety inspector 94 Obstructing or hindering a marine safety inspector Division 2—Entry, search, seizure, detention and information‑gathering powers Subdivision A—Powers to facilitate boarding with or without consent or warrant 95 Requirement to facilitate boarding 96 Entering certain premises for access to domestic commercial vessel Subdivision B—Powers relating to vessels, exercisable without consent or warrant 97 Boarding a vessel 98 Requiring master of a vessel to answer questions about the nature of the vessel 99 Monitoring domestic commercial vessels 100 Sampling, securing or seizing things found using vessel monitoring powers 101 Detaining domestic commercial vessels 102 Offence—not complying with requirement made under section 99 Subdivision C—Powers relating to any premises, exercisable with consent or warrant 103 Entering premises with consent or under warrant 104 Monitoring premises 105 Enforcement powers 106 Requiring persons on premises entered under warrant to answer questions and produce documents 107 Using force in executing a warrant 108 Relationship with Subdivision B Division 3—Other powers 109 Giving directions 110 Issuing improvement notices 111 Issuing prohibition notices 112 Copies of notices to be displayed and distributed 113 Notices not to be tampered with or removed Division 4—Persons assisting marine safety inspectors 114 Persons assisting marine safety inspectors Division 5—Obligations and incidental powers of marine safety inspectors 115 Consent 116 Announcement before entry under warrant 117 Marine safety inspector to be in possession of warrant 118 Details of warrant etc. to be given to occupier 119 Completing execution of warrant after temporary cessation 120 Completing execution of warrant stopped by court order 121 Expert assistance to operate electronic equipment 122 Compensation for damage to electronic equipment 123 Extending period for which something is secured 124 Offence—interfering with securing of thing Division 6—Occupier's rights and responsibilities 125 Occupier entitled to observe execution of warrant 126 Occupier to provide marine safety inspector with facilities and assistance Division 7—General provisions relating to seizure and detention 127 Copies of seized things to be provided 128 Receipts for seized things 129 Return of seized things 130 Magistrate may permit a thing to be retained 131 Costs of detention 132 Disposal of seized things and detained vessels 133 Compensation for acquisition of property Division 8—Warrants 134 Monitoring warrants 135 Enforcement warrants 136 Enforcement warrants by telephone, fax etc. 137 Offence relating to warrants by telephone, fax etc. Part 7—Infringement notices 138 Infringement notices Part 8—General matters Division 1—Review of decisions 139 Reviewable decisions 140 Internal review of reviewable decisions 141 Applications for ART review 142 Review of decisions made under the regulations Division 2—Exemptions 143 Power of exemption 144 Offence of breaching a condition of exemption (owner) 145 Offence of breaching a condition of exemption (master) 146 Offence of breaching a condition of exemption (all persons) Division 3—Application of National Law to certain bodies 147 Treatment of partnerships 148 Treatment of unincorporated associations 149 Treatment of trusts with multiple trustees Division 4—Fees 150 Charging of fees by the National Regulator 151 Charging of fees by accredited persons Division 5—Disclosure of information 152 Disclosure of information by certain persons to the National Regulator Division 6—Immunity from suit 153 Immunity from suit Division 7—Matters relating to evidence and proceedings, etc. 154 National Regulator may require certain information 155 Offence not to give information 156 Evidentiary certificates 157 Burden of proving certain matters lies on defendant Division 8—Adverse publicity orders 158 Adverse publicity orders Division 9—Regulations and other legislative instruments 159 Regulations 160 Regulations may prescribe matters relating to accreditation and approval 161 Offence of contravening a condition of accreditation 162 Regulations may prescribe penalties etc. 163 Legislative instruments other than regulations 164 Incorporation of material, etc. 165 Regulations may deal with transitional matters Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for a national law about marine safety for certain commercial vessels, and for related purposes 1 Short title This Act may be cited as the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 12 September 2012 2. Sections 3 to 19 A single day to be fixed by Proclamation. 1 July 2013 However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (see F2013L00607) 3. Schedule 1 At the same time as the provisions covered by table item 2. 1 July 2013 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Definitions (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to this Act. (2) In the local application provisions of this Act: Commonwealth Minister means the Minister of State administering this Act. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. corresponding State‑Territory law: see section 12. imposes a duty: see section 13. international agreement means a treaty or agreement whose parties are: (a) Australia and a foreign country; or (b) Australia and 2 or more foreign countries. Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth means the provisions applying as a law of the Commonwealth because of section 4. participating Territory means the following: (a) the Australian Capital Territory; (b) the Jervis Bay Territory; (c) the Territory of Ashmore and Cartier Islands; (d) the Territory of Christmas Island; (e) the Territory of Cocos (Keeling) Islands. this jurisdiction means the Commonwealth. (3) Terms used in the local application provisions of this Act and also in the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to this Act have the same meanings in those provisions as they have in that Law. (4) Subsection (3) does not apply to the term "regulations". 4 Adoption of Marine Safety (Domestic Commercial Vessel) National Law The Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to this Act, and regulations and other legislative instruments made under that Law: (a) apply as a law of this jurisdiction; and (b) as so applying, may be referred to as the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. 5 Constitutional reach of Act (1) This Act applies to activities of, or matters that relate to, the following: (a) a vessel engaged in trade and commerce: (i) among the States; or (ii) between a State and a Territory; or (iii) between 2 Territories; (b) a vessel that is external to Australia; (c) a vessel of which the owner, or any of the owners, is a constitutional corporation; (d) a vessel, so far as the application of this Act to activities of, or in relation to, the vessel is reasonably appropriate and adapted to giving effect to Australia's obligations under an international agreement; (e) a vessel of which the owner, or any of the owners, is the Commonwealth or a Commonwealth authority; (f) a vessel that is within a participating Territory; (g) navigation or shipping, to the extent that the navigation or shipping relates to trade and commerce: (i) among the States; or (ii) between a State and a Territory; or (iii) between 2 Territories; (h) any matter that may be made the subject of the jurisdiction of the High Court under paragraph 76(iii) of the Constitution; (i) things that are incidental to activities or matters referred to in any of the above paragraphs. (2) For the purposes of subsection (1), an activity of, or a matter in relation to, a vessel includes, but is not limited to, an activity done by a person, or in relation to a person, in the capacity of owner, master or crew of the vessel. (3) For the purposes of subsection (1), external to Australia means: (a) beyond the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973; or (b) any waters on the landward side of the territorial sea that are not within the limits of a State or internal Territory. Note 1: For the baseline see Australia's territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. Note 2: A reference to Australia in any other provision of this Act includes a reference to the coastal sea of Australia: see section 15B of the Acts Interpretation Act 1901. 6 Relationship with State and Territory laws (1) This Act is intended to apply to the exclusion of a law of a State or Territory that relates to marine safety so far as it would otherwise apply in relation to domestic commercial vessels. (2) However, subsection (1) does not apply to a law of a State or Territory so far as: (a) the law is prescribed by the regulations as a law to which that subsection does not apply; or (b) the law deals with any of the following matters: (i) management of ports, harbours and moorings; (ii) environmental management, including pollution, impact assessments and sanctuaries; (iii) pilotage; (iv) management of dangerous goods; (v) designation of waters, including designation of waters by reference to the vessels that are or are not permitted to operate in those waters; (vi) regulation or prohibition of the operation of specified vessels or classes of vessels in specified areas; (vii) harbour masters; (viii) speed limits, navigation aids, traffic management plans, rules for prevention of collisions, no wash zones, the management of events on waterways, wrecks, salvage, passing dredges, towing objects, bar crossings and local knowledge requirements; (ix) removing obstructions (including abandoned, sinking and derelict vessels) from navigable waters; (x) the actions of persons under the influence of alcohol or other drugs; (xi) false distress signals and calls; (xii) management of passengers; (xiii) repairs, cutting or welding occurring on board vessels; (xiv) requirements for vessels conducting particular dangerous operations or operations that may cause offence, including hauling garbage; (xv) prices charged for the provision of commercial services; (xvi) fisheries management; (xvii) storage, preparation, service and disposal of food and beverages on vessels; (xviii) marine radio; (xix) monitoring of marine communication services; (xx) gas and electrical safety; (xxi) workplace health and safety; (xxii) emergency management and response; (xxiii) any other matters prescribed by the regulations. (3) To avoid doubt, this Act is not intended to apply to the exclusion of a law of a State or Territory that relates to activities or matters to which this Act does not apply under subsection 5(1). (4) This Act is not intended to exclude or limit the operation of a law that is covered by subsection (2) and is capable of operating concurrently with this Act. (5) This Act is not intended to exclude or limit the concurrent operation of a law of a State or Territory that is covered by subsection (2) and that makes an act or omission that is an offence against a provision of this Act an offence against the law of the State or Territory. (6) Subsections (4) and (5) apply even if the law of the State or Territory does any one or more of the following: (a) provides for a penalty for the offence that differs from the penalty provided for in this Act; (b) provides for a fault element in relation to the offence that differs from the fault elements in relation to the offence against this Act; (c) provides for a defence in relation to the offence that differs from the defences in relation to the offence against this Act. (7) If: (a) an act or omission of a person is both an offence against the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth and an offence against the law of a State or Territory or the common law; and (b) the person is convicted of either of those offences; the person is not liable to be convicted of the other of those offences. (8) To avoid doubt, a reference in this section to a law of a State or Territory includes a reference to a provision of such a law. 7 Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws (1) This section has effect despite anything else in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. (2) This section does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. (3) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not: (a) prohibit the doing of an act; or (b) impose a liability (whether civil or criminal) for doing an act; if the doing of that act is specifically authorised or required by or under a provision of a law of a State or Territory that deals with workplace health and safety. (4) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not: (a) require the doing of an act; or (b) impose a liability (whether civil or criminal) for not doing an act; if the doing of that act is specifically prohibited by or under a provision of a law of a State or Territory that deals with workplace health and safety. (5) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not operate to the extent necessary to ensure that no inconsistency (including operational inconsistency) arises between: (a) the provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth; and (b) a provision of a law of a State or Territory that deals with workplace health and safety that would, but for this subsection, be inconsistent with the provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. 8 Extraterritorial operation This Act applies within and outside Australia. 9 Charging of fees by States etc. not prevented This Act does not prevent a State or the Northern Territory, or an agency of a State or the Northern Territory, charging a fee in relation to a thing done under the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth 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. 10 National Regulator to pay amounts to States, etc. (1) If: (a) an amount payable under an infringement notice is paid to the National Regulator; and (b) the infringement notice was issued by a marine safety inspector who is an officer or employee of an agency of a State or the Northern Territory, or by the National Regulator on the recommendation of such a marine safety inspector; the National Regulator must pay to that State or Territory an amount equal to that amount. (2) A payment of an amount to a State or Territory under subsection (1) is subject to the condition that, if the National Regulator becomes liable to refund the whole or part of that amount, the State or Territory must pay to the National Regulator an amount equal to the amount that the National Regulator is liable to refund. 11 Commonwealth consent to conferral of functions etc. on the National Regulator etc. by corresponding State‑Territory laws (1) A corresponding State‑Territory law may confer functions or powers, or impose duties, on the National Regulator or other officer or authority of the Commonwealth. (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a corresponding State‑Territory law to the extent to which: (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the National Regulator or other officer or authority; or (b) the authorisation would otherwise exceed the legislative power of the Commonwealth. (3) Subsection (1) does not extend to a function, power or duty of a kind specified in regulations made for the purposes of this subsection. (4) This Act is not intended to exclude or limit the operation of a corresponding State‑Territory law that confers any functions or powers, or imposes any duties, on the National Regulator or other officer or authority to the extent to which that law: (a) is consistent with subsections (1) to (3); and (b) is capable of operating concurrently with this Act. 12 Meaning of corresponding State‑Territory law (1) For the purposes of this Act, corresponding State‑Territory law means a law of a State or the Northern Territory that is declared by the Commonwealth Minister, by legislative instrument, to correspond to this Act, including such a law as amended from time to time. (2) The Commonwealth Minister may revoke a declaration under subsection (1) in relation to a law of a State or the Northern Territory only if: (a) the Minister is requested by the State or Territory concerned to revoke the declaration; or (b) the State or Territory law has been amended otherwise than as unanimously agreed by the members of the COAG Council under the Intergovernmental Agreement for Commercial Vessel Safety Reform; or (c) proposed amendments of the State or Territory law have been unanimously agreed by the members of the COAG Council under the Intergovernmental Agreement for Commercial Vessel Safety Reform, and the State or Territory law has not been amended in accordance with that agreement within a reasonable period after the agreement. 13 Meaning of imposes a duty For the purposes of this Act, a corresponding State‑Territory law imposes a duty on the National Regulator or other officer or authority if: (a) the corresponding State‑Territory law confers a function or power on the National Regulator or other officer or authority; and (b) the circumstances in which the function or power is conferred give rise to an obligation on the National Regulator or other officer or authority to perform the function or to exercise the power. 14 When duty imposed Application (1) This section applies if a corresponding State‑Territory law purports to impose a duty on the National Regulator or other officer or authority of the Commonwealth. State or Territory legislative power sufficient to support duty (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which: (a) imposing the duty is within the legislative powers of the State or Territory concerned; and (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth. Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 11 to the imposition of the duty by that law). Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by force of the law of a State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity. (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act. (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty: (a) is within the legislative powers of the Commonwealth; and (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth. (6) To avoid doubt, neither this Act (nor any other law of the Commonwealth) imposes a duty on the National Regulator or other officer or authority of the Commonwealth to the extent to which imposing such a duty would: (a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or (b) otherwise exceed the legislative power of the Commonwealth. (7) This section does not limit section 11. 15 Imposing duty under State or Territory law (1) This section: (a) applies only for the purposes of the application of the provisions of this Act or another law of the Commonwealth (with or without modification) as a law of a State or the Northern Territory by a provision of a corresponding State‑Territory law; and (b) does not apply for those purposes if the corresponding State‑Territory law otherwise provides. (2) If the corresponding State‑Territory law purports to impose a duty on the National Regulator or other officer or authority of the Commonwealth to do a particular thing, the duty is taken to be imposed by the corresponding State‑Territory law to the extent to which imposing the duty: (a) is within the legislative powers of the State or Territory concerned; and (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator. (3) To avoid doubt, the corresponding State‑Territory law does not impose the duty on the National Regulator or other officer or authority of the Commonwealth to the extent to which imposing the duty would: (a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or (b) otherwise exceed the legislative powers of the State or Territory concerned. (4) If imposing on the National Regulator or other officer or authority of the Commonwealth the duty to do that thing would: (a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or (b) otherwise exceed the legislative powers of both the State or Territory and the Commonwealth; the corresponding State‑Territory law is taken instead to confer on the National Regulator or other officer or authority of the Commonwealth a power to do that thing at the discretion of the National Regulator or other officer or authority of the Commonwealth. 16 Review of decisions under corresponding State‑Territory laws (1) Applications may be made to the Administrative Review Tribunal for review of reviewable State‑Territory decisions. (2) A decision made by the National Regulator in the performance of a function or the exercise of a power conferred by a corresponding State‑Territory law is a reviewable State‑Territory decision for the purposes of this section if: (a) the law under which the decision was made provides for review by the Administrative Review Tribunal; and (b) the decision is declared by the regulations to be a reviewable State‑Territory decision for the purposes of this section. (3) For the purposes of this section, the Administrative Review Tribunal Act 2024 has effect as if a corresponding State‑Territory law were an Act. 17 References in instruments to the National Law (1) A reference in any Act or instrument to the Marine Safety (Domestic Commercial Vessel) National Law is a reference to: (a) the Marine Safety (Domestic Commercial Vessel) National Law as applied under section 4; and (b) a corresponding State‑Territory law. (2) Subsection (1) has effect except so far as the contrary intention appears in the Act or instrument or the context of the reference otherwise requires. 18 Powers of magistrates (1) A power conferred on a magistrate by the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth is conferred on the magistrate: (a) in a personal capacity; and (b) not as a court or a member of a court. (2) The magistrate need not accept the power conferred. (3) A magistrate exercising a power conferred by the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth has the same protection and immunity as if he or she were exercising the power: (a) as the court of which the magistrate is a member; or (b) as a member of the court of which the magistrate is a member. 19 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by the local application provisions of this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to the local application provisions of this Act. Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law Part 1—Preliminary 1 Short title This Law may be cited as the Marine Safety (Domestic Commercial Vessel) National Law. 2 Commencement This Law commences as a law of this jurisdiction as provided by the Act of this jurisdiction that applies this Law as a law of this jurisdiction. 3 Objects of Law The objects of this Law are as follows: (a) to form a part of a cooperative scheme between the Commonwealth, the States and the Northern Territory that provides a single national framework for ensuring the safe operation, design, construction and equipping of domestic commercial vessels; (b) to implement Australia's international obligations in relation to the safety of domestic commercial vessels; (c) to facilitate the development of a safety culture that will prevent, or mitigate the effects of, marine incidents; (d) to provide a framework for the development and application of consistent national standards relating to the operation, design, construction and equipping of domestic commercial vessels; (e) to enhance the efficient and orderly operation of domestic commercial vessels; (f) to provide an effective enforcement framework. 4 Law binds the Crown (1) This Law binds the Crown in each of its capacities. (2) This Law does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 5 Extended geographical jurisdiction—category A Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against this Law. 6 Definitions In this Law: accredited person means a person who is accredited in accordance with regulations made for the purposes of section 160. acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth. agency: (a) of the Commonwealth, includes the following: (i) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (ii) a body corporate established for a public purpose by or under a law of the Commonwealth; and (b) of a State or a Territory, includes the following: (i) a Department of State (however described) of the State or Territory; (ii) a body corporate established for a public purpose by or under a law of the State or Territory. approved training organisation means a training organisation that is approved in accordance with regulations made for the purposes of section 160. certificate means any of the following: (a) a certificate of operation; (b) a certificate of survey; (c) a certificate of competency. certificate of competency means a certificate issued under section 60. certificate of operation means a certificate issued under section 48. certificate of survey means a certificate issued under section 38. close quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision. COAG means the Council of Australian Governments. COAG Council means the council established by COAG that has responsibility for marine safety. Commonwealth Minister means the Minister of State of the Commonwealth administering this Law. company has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth. Note: Under the Income Tax Assessment Act 1997 of the Commonwealth, company includes an unincorporated association or body of persons. crew of a vessel means individuals employed or engaged in any capacity on board the vessel on the business of the vessel, other than the master of the vessel or a pilot. Criminal Code means the Criminal Code of the Commonwealth. defence vessel means: (a) a warship or other vessel that: (i) is operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and (ii) is under the command of a member of the Australian Defence Force or of a member of the armed forces of the foreign country; and (iii) bears external marks of nationality; and (iv) is manned by seafarers under armed forces discipline; or (b) a Government vessel that is used only on government non‑commercial service as a naval auxiliary. domestic commercial vessel: see section 7. enforcement powers: see section 105. enforcement warrant means: (a) a warrant issued under section 135; or (b) a warrant signed by a magistrate under section 136. entity means any of the following: (a) an individual; (b) a company; (c) a trust; (d) a partnership; (e) a corporation sole; (f) a body politic. evidential material means: (a) a thing with respect to which an offence against this Law has been committed or is suspected, on reasonable grounds, of having been committed; or (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Law; or (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Law. foreign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth. general monitoring powers: see section 104. Government vessel has the same meaning as in the Navigation Act 2012. hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants. hirer of a hire and drive vessel means: (a) a person who hires the vessel; or (b) a person, other than the owner of the vessel or a person acting on the owner's behalf, who operates the vessel while it is under hire. improvement notice means an improvement notice issued under section 110. infringement notice means: (a) a notice that: (i) is given under regulations made for the purposes of section 138 to a person alleged to have committed an offence against this Law; and (ii) states that if the person pays a specified amount within a specified period the person will not be liable to be prosecuted for the offence; or (b) a notice that: (i) is given under regulations made for the purposes of section 162(3) to a person alleged to have contravened a provision described in that subsection; and (ii) states that if the person pays a specified amount within a specified period the person will not be liable to proceedings for a civil penalty for the contravention. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution of the Commonwealth. marine incident means any of the following: (a) a death of, or injury to, a person associated with the operation or navigation of a domestic commercial vessel; (b) the loss or presumed loss of a domestic commercial vessel; (c) a collision of a domestic commercial vessel with another vessel; (d) a collision by a domestic commercial vessel with an object; (e) the grounding, sinking, flooding or capsizing of a domestic commercial vessel; (f) a fire on board a domestic commercial vessel; (g) a loss of stability of a domestic commercial vessel that affects the safety of the vessel; (h) the structural failure of a domestic commercial vessel; (i) a close quarters situation; (j) an event that results in, or could have resulted in: (i) the death of, or injury to, a person on board a domestic commercial vessel; or (ii) the loss of a person from a domestic commercial vessel; or (iii) a domestic commercial vessel becoming disabled and requiring assistance; (k) the fouling or damaging by a domestic commercial vessel of: (i) any pipeline or submarine cable; or (ii) any aid to navigation within the meaning of the Navigation Act 2012 of the Commonwealth; (l) a prescribed incident involving a domestic commercial vessel. marine safety equipment means equipment designed or used to prevent a marine incident, or mitigate the consequences of a marine incident, and includes, but is not limited to, the following things carried or installed on a domestic commercial vessel: (a) personal flotation devices; (b) telecommunications systems; (c) flares and other devices that can be used to attract attention to the vessel or indicate the vessel's position; (d) position identification systems; (e) anchors and other devices that may be used to maintain the vessel's position or stability; (f) oars and other alternative means of propulsion; (g) fire extinguishers; (h) lights; (i) thermal protective aids; (j) such other equipment as is prescribed by the regulations. marine safety inspector means: (a) a person appointed as an inspector under section 91; or (b) a member of the Australian Federal Police; or (c) a member of the police force (however described) of a State or a Territory. master of a vessel means the person who has command or charge of the vessel, but does not include a pilot. monitoring purposes means one or more of the following: (a) finding out whether this Law is being, or has been, complied with; (b) assessing the correctness of information provided under this Law; (c) investigating a marine incident. monitoring warrant means a warrant issued under section 134. National Marine Safety Regulator: see section 9. National Regulator: see section 9. National Standard for Commercial Vessels means the National Standard for Commercial Vessels adopted by: (a) the COAG Council; or (b) if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph. occupier, in relation to premises, includes: (a) a person who apparently represents the occupier of the premises; and (b) if the premises are a vessel—the master of the vessel. offence against this Law includes an offence against the Crimes Act 1914 of the Commonwealth or the Criminal Code that relates to this Law. operate a vessel means: (a) determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway; or (b) load or unload the vessel when it is moored or berthed. owner of a vessel includes: (a) a person who has a legal or beneficial interest in the vessel, other than as a mortgagee; and (b) a person with overall general control and management of the vessel. For this purpose, a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel. partnership has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth. personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. person assisting a marine safety inspector: see section 114. pilot means a person who does not belong to, but has the conduct of, a vessel. premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b). prohibition notice means a prohibition notice issued under section 111. regulated Australian vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth. regulations (except in sections 159(1), 163(1) and 164 and any other provision where the context indicates otherwise) includes Marine Orders made under section 163(1). reviewable decision: see section 139. this Law includes the regulations and any other legislative instrument made under this Law. trust means a person in the capacity of trustee or, as the case requires, a trust estate. trustee has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth. Uniform Shipping Laws Code means the Uniform Shipping Laws Code adopted by: (a) the COAG Council; or (b) if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph. unique identifier, in relation to a vessel, means a unique identifier issued under section 31. unsafe vessel means a vessel that is likely to endanger any person for any reason, including because of: (a) the condition or equipment of the vessel; or (b) the manner or place in which cargo or equipment on the vessel is stowed or secured; or (c) the nature of the cargo; or (d) the overloading of the vessel with people or cargo (including the submergence of the vessel's load line); or (e) the number of its crew or the qualifications of its crew or master. vessel: see section 8. vessel monitoring powers: see section 99. warrant means a monitoring warrant or an enforcement warrant. 7 Definition of domestic commercial vessel (1) In this Law: domestic commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity. (2) The use of a vessel in connection with an activity that is not a commercial, governmental or research activity at the same time as the vessel is used in connection with a commercial, governmental or research activity does not prevent the vessel from being a domestic commercial vessel. (3) Despite subsection (1), a vessel is not a domestic commercial vessel if the vessel: (a) is a regulated Australian vessel; or (b) is a foreign vessel; or (c) is a defence vessel; or (d) is owned by: (i) a primary or secondary school; or (ii) a community group of a kind prescribed by the regulations. Note: Generally an Australian vessel will be a regulated Australian vessel if it voyages outside Australia's exclusive economic zone at any time. Regulated Australian vessels are dealt with by the Navigation Act 2012 of the Commonwealth rather than this Law. (4) Despite subsection (3)(d), a vessel covered by that subsection is a domestic commercial vessel at any time when it is being used for: (a) a purpose prescribed by the regulations; or (b) an activity prescribed by the regulations. (5) Despite subsections (1) and (2), the regulations may provide as follows: (a) that a specified thing, or a thing included in a specified class, is a domestic commercial vessel; (b) that a specified thing, or a thing included in a specified class, is not a domestic commercial vessel. (6) Regulations made for the purposes of subsection (3)(d)(ii) may prescribe a kind by reference to a decision of the National Regulator. (7) A vessel in the course of construction is a domestic commercial vessel if the vessel is, after completion, for use as a domestic commercial vessel. (8) For the purposes of subsection (7), a vessel that has been launched, but has not been completed and delivered under the relevant building contract, is taken to be a vessel in the course of construction. 8 Definition of vessel (1) In this Law: vessel means a craft for use, or that is capable of being used, in navigation by water, however propelled or moved, and includes an air‑cushion vehicle, a barge, a lighter, a submersible, a ferry in chains and a wing‑in‑ground effect craft. (2) Despite subsection (1), none of the following is a vessel: (a) an aircraft; (b) a thing that is a facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth. (3) Despite subsections (1) and (2), the regulations may provide as follows: (a) that a specified thing, or a thing included in a specified class, is a vessel; (b) that a specified thing, or a thing included in a specified class, is not a vessel. Part 2—The National Marine Safety Regulator 9 The National Marine Safety Regulator The Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to in this Act as the National Regulator). Note: The Australian Maritime Safety Authority is established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth. Section 10 of that Act sets out the general powers of the Authority. 10 Functions of the National Regulator The National Regulator has the following functions: (a) to make and maintain Marine Orders made under section 163; (b) to develop and maintain national standards, guidelines and codes of practice relating to marine safety; (c) to issue unique identifiers and certificates for the purposes of this Law and perform other functions in relation to such identifiers and certificates; (ca) to survey vessels and deal with matters relating to the survey of vessels by accredited surveyors; (d) to accredit persons and approve training organisations for the purposes of this Law; (e) to undertake investigation, monitoring and enforcement activities under or for the purposes of this Law; (f) to consult appropriate authorities of the States and Territories, and other persons, associations and organisations, on matters related to the activities of the National Regulator; (g) to collect and distribute information, and provide advice, to: (i) the Commonwealth Minister; and (ii) the States and Territories; and (iii) the public; on matters related to the activities of the National Regulator and the operation of this Law; (h) to develop or commission education programs relating to marine safety; (i) to collect, analyse and disseminate data relating to marine safety; (j) such other functions as are conferred on the National Regulator by this Law or any other law (including a law of the Commonwealth, a State or the Northern Territory); (k) to perform functions incidental to any of the previously described functions. 11 Delegation (1) The National Regulator may, by writing, delegate one or more of the National Regulator's powers or functions under this Law to one or more of the following: (a) an officer or employee of an agency of the Commonwealth; (b) an officer or employee of an agency of a State or the Northern Territory. (2) A delegate of the National Regulator is subject to the National Regulator's directions in the exercise of delegated powers and the performance of delegated functions. (3) A person (the delegate) to whom a power or function is delegated under subsection (1) may, by writing, sub‑delegate that power or function to an officer or employee (the sub‑delegate) of: (a) if the delegate is an officer or employee of an agency of the Commonwealth—that agency; or (b) if the delegate is an officer or employee of an agency of a State—an agency of that State; or (c) if the delegate is an officer or employee of an agency of the Northern Territory—an agency of the Northern Territory. (4) A sub‑delegate is subject to the directions of the delegate in the exercise of delegated powers and the performance of delegated functions. (5) If the delegate is subject to a direction by the National Regulator in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (3), the delegate must give a corresponding direction to the sub‑delegate. (6) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply to a sub‑delegation in the same way as they apply to a delegation. (7) The National Regulator must not delegate a power or function under subsection (1) to an officer or employee of an agency of a State or the Northern Territory without the agreement of the State or the Northern Territory, as the case requires. Part 3—General safety duties relating to domestic commercial vessels Division 1—Duties of owners 12 Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations (1) An owner of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of: (a) the vessel; and (b) marine safety equipment that relates to the vessel; and (c) the operation of the vessel. (2) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if: (a) the owner does not provide or maintain the vessel so that the vessel is, so far as reasonably practicable, safe; or (b) the owner does not implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe; or (c) the owner does not provide, so far as reasonably practicable, such information, instruction, training or supervision to people on board the vessel as is necessary to ensure their safety. (3) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if: (a) the owner operates the vessel, or causes or allows the vessel to be operated; and (b) the vessel is an unsafe vessel. (4) Without limiting subsection (1), an owner of a domestic commercial vessel contravenes that subsection if the owner prevents or restricts the master of the vessel from making or implementing a decision that, in the professional opinion of the master, is necessary for the safety of a person or the vessel. 13 Offences relating to contraventions of section 12 (1) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1); and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1); and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 12(1). Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Division 2—Duties of designers, builders, suppliers etc. 14 Duty relating to design, manufacture etc. of domestic commercial vessels A person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a domestic commercial vessel, or marine safety equipment that relates to such a vessel, must: (a) ensure, so far as reasonably practicable, that the vessel or equipment is safe if used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and (b) either: (i) carry out, or arrange the carrying out of, such testing and examination as may be necessary for compliance with paragraph (a); or (ii) ensure that such testing and examination has been carried out; and (c) take such action as is necessary to ensure that there will be available, in connection with the use of the vessel or equipment, adequate information about: (i) the use for which the vessel or equipment was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and (ii) the results of any testing or examination referred to in paragraph (b); and (iii) any conditions necessary to ensure the vessel or equipment is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be. 15 Offences relating to contraventions of section 14 (1) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14; and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14; and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14; and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 14. Penalty: 60 penalty units. (5) An offence against subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Division 3—Duties of masters 16 Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations (1) The master of a domestic commercial vessel must, so far as reasonably practicable, ensure the safety of: (a) the vessel; and (b) marine safety equipment that relates to the vessel; and (c) the operation of the vessel. (2) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if the master does not, so far as reasonably practicable, implement and comply with the safety management system for the vessel and the operations of the vessel. (3) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if: (a) the master operates the vessel, or causes or allows the vessel to be operated; and (b) the vessel is an unsafe vessel. (4) Without limiting subsection (1), the master of a domestic commercial vessel contravenes that subsection if, when carrying out duties as master or doing anything in relation to the vessel, the master interferes with or misuses anything provided on the vessel in the interests of the safety of the vessel. (5) Subsection (1) does not apply if: (a) the vessel is a hire and drive vessel being used wholly for recreational purposes; and (b) the master of the vessel is a hirer of the vessel. 17 Duty of masters of domestic commercial vessels to take reasonable care for safety of persons (1) The master of a domestic commercial vessel must, when carrying out duties as master of the vessel: (a) take reasonable care for his or her own safety; and (b) take reasonable care for the safety of persons who may be affected by his or her acts or omissions. (2) The master of a domestic commercial vessel must not unreasonably place the safety of another person at risk when carrying out duties as master of the vessel. (3) Subsections (1) and (2) do not apply if: (a) the vessel is a hire and drive vessel being used wholly for recreational purposes; and (b) the master of the vessel is a hirer of the vessel. 18 Offences relating to contraventions of section 16 or 17 (1) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2); and (c) the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: Imprisonment for 2 years or 1,800 penalty units, or both. (2) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2); and (c) the person is reckless as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 200 penalty units. (3) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes section 16(1) or 17(1) or (2); and (c) the person is negligent as to whether the act or omission is a risk to the safety of a person or the domestic commercial vessel concerned. Penalty: 120 penalty units. (4) A pe