Commonwealth: Navigation Act 2012 (Cth)

Navigation Act 2012 No. 128, 2012 Compilation No. 14 Compilation date: 15 February 2025 Includes amendments: Act No. 2, 2025 About this compilation This compilation This is a compilation of the Navigation Act 2012 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1—Short title and commencement 1 Short title 2 Commencement Part 2—Objects and simplified outline of Act 3 Objects of Act 4 Simplified outline of this Act Part 3—Provisions relating to the application of this Act 5 Extension to Territories 6 Extraterritorial operation of Act 7 Act to bind the Crown 8 Geographical jurisdiction for offences 9 Geographical application of offences and civil penalty provisions relating to foreign vessels, etc. 10 Act does not apply to naval vessels etc. 11 Application of Act to certain Australian Border Force vessels 12 Provisions that give effect to various conventions 13 Provisions that give effect to the Container Convention Part 4—Interpretation 14 Definitions 15 Definition of regulated Australian vessel 16 Definition of overseas voyage 17 Definition of Australian Border Force vessel 18 Definition of special purpose vessel 19 AMSA may declare that a vessel is not a regulated Australian vessel 20 Definition of vessel's length overall 21 Definition of navigates without a licensed pilot 22 Definition of taken to sea 23 Definition of seaworthy 24 Definition of substandard Part 5—Opting in to coverage 25 Opting in to coverage—vessel declared to be a regulated Australian vessel 26 Revocation and variation of opt‑in declarations Chapter 2—Seafarers Part 1—Preliminary 27 Simplified outline of this Chapter Part 2—Seafarer certificates Division 1—Regulations relating to seafarer certificates 28 Regulations relating to seafarer certificates 29 Particular matters that may be prescribed by regulations Division 2—Issue of seafarer certificates 30 Persons may apply for a seafarer certificate 31 Issue of seafarer certificate 32 AMSA may vary seafarer certificate 33 Revocation of seafarer certificate Division 3—Offences and civil penalties relating to seafarer certificates 34 False representations about seafarer certificates 35 Person performing duties or functions without a seafarer certificate 36 Master causing etc. performance of duties or functions without a seafarer certificate 37 Breach of a condition of a seafarer certificate 38 Master causing etc. breach of a condition of a seafarer certificate 39 Failing to produce seafarer certificate 40 AMSA may require delivery of revoked certificates Part 3—Maritime labour certificates Division 1—Vessels to which this Part applies 41 Vessels to which this Part applies Division 2—Regulations relating to maritime labour certificates 42 Regulations relating to maritime labour certificates Division 3—Issue of maritime labour certificates 43 Persons may apply for a maritime labour certificate 44 Issue of maritime labour certificate 45 Issuing body may vary maritime labour certificate 46 Revocation of maritime labour certificate Division 4—Offences and civil penalties relating to taking a vessel to sea without a maritime labour certificate 47 Taking a regulated Australian vessel to sea without maritime labour certificate—owner 48 Taking a regulated Australian vessel to sea without maritime labour certificates—master 49 Obligation to notify alterations of regulated Australian vessels that relate to maritime labour certificates Part 4—Manning and engagement of seafarers Division 1—Vessels to which this Part applies 50 Vessels to which this Part applies Division 2—Manning of vessels 51 Minimum complement of seafarers on vessels 52 Operating a vessel other than in accordance with determination 53 Owner or master to give details of complement of vessel's seafarers Division 3—Engagement of seafarers, etc. 54 Work agreements 55 Owner to make available information about conditions of employment 56 Offences and civil penalties relating to content of work agreements 57 Regulations about records of service 58 Regulations about hours of work and rest 59 Regulations about payment of wages Part 5—Health, accommodation and welfare Division 1—Vessels to which this Part applies 60 Vessels to which this Part applies Division 2—Provisions 61 Regulations about provision of food and water 62 Free provisions 63 Provisions adequate for voyage 64 Adequate food catering facilities to be provided Division 3—Health 65 Regulations about health 66 Medicines etc. must be carried on vessels—owner 67 Medicines etc. must be carried on vessels—master 68 Owner liable for medical attendance etc. 69 Owner liable where certain seafarers removed from vessel etc. 70 Owner liable for medical attendance etc. on board vessel 71 Other expenses to be paid by seafarer 72 Medical practitioners and first‑aid attendants—owner 73 Medical practitioners and first‑aid attendants—master Division 4—Accommodation, etc. 74 Regulations relating to accommodation, etc. 75 Vessels not to go to sea without required accommodation Division 5—Repatriation and protection 76 Regulations relating to repatriation 77 Regulations relating to complaints etc. about employment Part 6—Alcohol and drugs Division 1—Alcohol and drug testing of seafarers and pilots 78 Seafarer or licensed pilot may be required to undergo alcohol test 79 Seafarer or licensed pilot may be required to undergo drug tests etc. 80 Limitation on exercise of powers in relation to foreign vessels 81 Refusal to undergo alcohol or drug test 82 Information to be provided after test Division 2—Offences and civil penalties relating to alcohol and drugs 83 Impairment of person's capacity to carry out duties as seafarer or pilot 84 Unacceptable blood alcohol level—seafarers and pilots 85 Drugs prescribed by the regulations: seafarers and pilots 86 Permitting or requiring performance of duties by impaired person Division 3—Regulations and other matters 87 Regulations relating to alcohol and drug tests 88 Evidentiary certificates Part 7—General matters relating to seafarers of regulated Australian vessels and foreign vessels 89 Exemption from serving on jury 90 Seafarer not to be wrongfully left behind 91 Regulations may make provision in relation to property of deceased seafarers 92 Expenses of returning foreign seafarers left behind 93 Owner of vessel not entitled to limit liability in respect of certain claims 94 Employment of seafarers in loading and unloading 95 Copy of this Act to be kept on regulated Australian vessels Chapter 3—Vessel safety Part 1—Preliminary 96 Simplified outline of this Chapter Part 2—Certification Division 1—Vessels to which this Part applies 97 Vessels to which this Part applies Division 2—Regulations relating to safety certificates 98 Regulations relating to safety certificates Division 3—Issue of safety certificates 99 Persons may apply for a safety certificate 100 Issue of safety certificate 101 Issuing body may vary safety certificate 102 Revocation of safety certificate Division 4—Offences and civil penalties relating to taking a regulated Australian vessel to sea without safety certificates 103 Taking a regulated Australian vessel to sea without safety certificate—owner 104 Taking a regulated Australian vessel to sea without safety certificate—master 105 Obligation to notify alterations of regulated Australian vessels that relate to safety certificates Division 5—Offences and civil penalties relating to taking foreign vessels to sea without appropriate documents 106 Taking a foreign vessel to sea without appropriate documents—owner 107 Taking a foreign vessel to sea without appropriate documents—master Part 3—Seaworthiness of vessels 108 Vessels to which this Part applies 109 Taking unseaworthy vessel to sea—owner 110 Taking unseaworthy vessel to sea—master Part 4—Passenger and cargo operations, and overloading Division 1—Vessels to which this Part applies 111 Vessels to which this Part applies Division 2—Regulations relating to passenger and cargo operations 112 Regulations relating to passenger and cargo operations Division 3—Regulations relating to overloading 113 Regulations relating to overloading Division 4—Offences and civil penalties relating to passenger and cargo operations Subdivision A—Loading 114 Proper precautions in loading a vessel Subdivision B—Dangerous goods 115 Carrying improperly labelled dangerous goods on a vessel 116 Requirement to give a description to master or owner of dangerous goods on a vessel 117 Carrying etc. dangerous goods under a false description 118 Falsely describing the sender of dangerous goods 119 Notice of intention to ship 120 Powers of owner or master as to dangerous goods Subdivision C—Other offences 121 Obstructing vessel or machinery 122 Certain persons may be refused entry to or asked to leave a vessel 123 Power of master etc. to detain Part 5—Musters and drills Division 1—Vessels to which this Part applies 124 Vessels to which this Part applies Division 2—Regulations relating to musters, drills and tests 125 Regulations relating to musters, drills and tests Division 3—Offences and civil penalties relating to musters, drills and tests 126 Musters and drills etc. on vessels 127 Machinery and equipment checks and tests on vessels Chapter 4—Prevention of pollution Part 1—Preliminary 128 Simplified outline of this Chapter Part 2—Pollution certificates Division 1—Vessels to which this Part applies 129 Vessels to which this Part applies Division 2—Regulations relating to pollution certificates 130 Regulations relating to pollution certificates Division 3—Issue of pollution certificates 131 Persons may apply for a pollution certificate 132 Issue of pollution certificate 133 Issuing body may vary pollution certificate 134 Revocation of pollution certificates Division 4—Offences and civil penalties relating to vessels operating without pollution certificates 135 Taking vessels to sea without pollution certificates—owner 136 Taking vessels to sea without pollution certificates—master 137 Obligation to notify alterations of vessels that relate to pollution certificates Part 3—Pollution or damage to the marine environment Division 1—Vessels to which this Part applies 138 Vessels to which this Part applies 139 Geographical application Division 2—Vessels polluting or damaging the Australian marine environment 140 Operating a vessel so as to pollute or damage the Australian marine environment 141 Failure to ensure vessel is operated so as not to cause pollution or damage to the Australian marine environment Division 3—Australian vessels polluting or damaging the marine environment outside Australia 142 Operating a vessel so as to pollute or damage the marine environment outside Australia 143 Failure to ensure vessel is operated so as not to cause pollution or damage to the marine environment outside Australia Division 3A—Australian‑based foreign Greater sunrise vessels polluting or damaging the marine environment in the Greater Sunrise special regime area 143A Operating an Australian‑based foreign Greater Sunrise vessel so as to pollute or damage the marine environment in the Greater Sunrise special regime area 143B Failure to ensure Australian‑based foreign Greater Sunrise vessel is operated so as not to cause pollution or damage to the marine environment in the Greater Sunrise special regime area Division 4—Aggravated contraventions of civil penalty provisions and matters to which eligible court may have regard in determining standard of care etc. 144 Aggravated contraventions of civil penalty provisions 145 Matters to which eligible court may have regard in determining standard of care and risk Part 4—Directions powers relating to foreign vessels Division 1—Vessels to which this Part applies 146 Vessels to which this Part applies Division 2—Directions may be given to vessels 147 Directions in relation to vessels 148 Persons must comply with direction 149 Geographical application Chapter 5—Tonnage Part 1—Preliminary 150 Simplified outline of this Chapter 151 Vessels to which this Chapter applies 152 Certain vessels taken to be registered Part 2—Tonnage regulations and certificates 153 Tonnage regulations 154 Applications for tonnage certificates 155 Issuing body to issue tonnage certificates 156 Issuing body may vary tonnage certificates 157 Revocation of tonnage certificates Part 3—Additional provisions relating to non‑Tonnage Convention vessels 158 Register tonnage of non‑Tonnage Convention vessels that are registered 159 Tonnage of non‑Tonnage Convention vessels to be measured in certain cases 160 Assignment of other tonnages to non‑Tonnage Convention vessels Chapter 6—Safety of navigation Part 1—Preliminary 161 Simplified outline of this Chapter Part 2—Pilotage Division 1—Vessels to which this Part applies 162 Vessels to which this Part applies Division 2—Regulations relating to pilotage etc. 163 Regulations relating to compulsory pilotage 164 Regulations relating to licensing of pilots and pilotage providers 165 Regulations relating to operations of licensed pilots and licensed pilotage providers Division 3—Requirement to navigate with a licensed pilot 166 Navigating without a licensed pilot 167 Offences against section 166 by masters of foreign vessels 168 Representations about being a licensed pilot or pilotage provider 169 Unlicensed person performing duties of licensed pilot or pilotage provider 170 Licensed pilots to issue certificates 171 Engaging an unqualified person to perform duties of licensed pilot Division 4—Exemption from requirement to navigate with a licensed pilot 172 Application for exemption 173 Failure to comply with conditions of exemption Division 5—Relationship with the Great Barrier Reef Marine Park Act 1975 174 Part is in addition to the Great Barrier Reef Marine Park Act 1975 Part 3—Prevention of collisions Division 1—Vessels to which this Part applies 175 Vessels to which this Part applies Division 2—Collisions, lights and signals 176 Power to make regulations relating to collisions, lights and signals Division 3—Operating a vessel in contravention of regulations 177 Operating a vessel in contravention of the regulations—owner 178 Operating a vessel in contravention of the regulations—master Division 4—No presumption of fault 179 No presumption of fault Part 4—Obligation to render assistance and report incidents Division 1—Vessels to which this Part applies 180 Vessels to which this Part applies Division 2—Obligation to render assistance 181 Obligation to render assistance 182 Obligation to render assistance if requisitioned 183 Offences against sections 181 and 182 by masters of foreign vessels 184 Obligation to record requests for assistance 185 Reporting of marine incidents to AMSA—owner 186 Reporting of marine incidents to AMSA—master 187 Report of dangers to navigation Part 5—Aids to navigation Division 1—Regulations 188 Regulations relating to aids to navigation Division 2—AMSA's powers in relation to aids to navigation 189 Acquisition of aids to navigation by compulsory process 190 Power to establish, maintain and inspect aids to navigation 191 Other powers in relation to aids to navigation 192 Returns of aids to navigation Division 3—Offences and civil penalties relating to aids to navigation Subdivision A—Failure to comply with notice 193 Failure to comply with a notice about aids to navigation Subdivision B—Destruction etc. of aids to navigation 194 Intentionally destroying, fouling or damaging aids to navigation 195 Recklessly destroying, fouling or damaging aids to navigation 196 Negligently destroying, fouling or damaging aids to navigation 197 Intentionally obstructing the view of aids to navigation 198 Recklessly obstructing the view of aids to navigation 199 Negligently obstructing the view of aids to navigation 200 Intentionally interfering with aids to navigation 201 Recklessly interfering with aids to navigation 202 Negligently interfering with aids to navigation 203 Intentional removal or alteration of aids to navigation 204 Reckless removal or alteration of aids to navigation 205 Riding by or making fast to aids to navigation Subdivision C—Other offences relating to aids to navigation 206 Trespassing on aids to navigation 207 Trespassing on vessels or property used by AMSA 208 Notice of damage to aid to navigation Subdivision D—Geographical application 209 Geographical application Division 4—Additional matters relating to aids to navigation 210 Liability for damage, etc. 211 Transfer of aids to navigation to be valid Part 6—Safe navigation Division 1—Preliminary 212 Vessels to which this Part applies Division 2—Vessel traffic services 213 Regulations relating to vessel traffic services 214 Liability of master or owner under vessel traffic service arrangements 215 Reports must be provided to a vessel traffic service authority 216 False or misleading information provided to a vessel traffic service authority 217 Geographical application Division 3—Mandatory routeing 218 Mandatory ship routeing systems 219 Geographical application 220 Navigation not in accordance with mandatory ship routeing system to be entered in log Division 4—Reporting of movement of vessels 221 Regulations relating to reporting requirements 222 Geographical application Division 5—The Australian Hydrographic Office and offences and civil penalties relating to taking a vessel to sea without charts, etc. 223 Functions of the Australian Hydrographic Office 224 Taking a vessel to sea without nautical charts and publications—owner 225 Taking a vessel to sea without nautical charts and publications—master Chapter 7—Wrecks and salvage Part 1—Preliminary 226 Simplified outline of this Chapter Part 2—Wrecks Division 1—Wrecks to which this Part applies 227 Wrecks to which this Part applies Division 2—Rights and powers in relation to wrecks 228 Right of Commonwealth to unclaimed wreck 229 Dealing with wrecks 230 Person must comply with notice 231 Powers to pass over land and require assistance etc. 232 Notification about wrecks 233 Finding or taking possession of wreck 234 AMSA must give notice of wreck 235 Defacing or obliterating marks on a wreck 236 Removing a wreck without consent 237 Powers of officers of Customs 238 Limits on powers to deal with wrecks 239 Certain provisions not applicable to historic wrecks Part 3—Salvage Division 1—Vessels to which this Part applies 240 Vessels to which this Part applies Division 2—Regulations relating to salvage 241 Regulations relating to salvage 242 Salvage claims against the Crown, etc. 243 Salvage claims by the Crown, etc. Chapter 8—Enforcement Part 1—Preliminary 244 Simplified outline of this Chapter 245 Vessels to which Chapter applies Part 2—Directions powers 246 Directions in relation to vessels 247 Persons must comply with directions Part 3—Detention powers 248 Power for AMSA to detain 249 Operating a detained vessel 250 Releasing a vessel from detention 251 Costs of detention 252 Power for officer of Customs to detain or refuse clearance 253 Refusal of clearance Part 4—Inspectors Division 1—Appointment of inspectors etc. 254 Appointment of inspectors 255 Identity cards Division 2—Search and seizure powers of inspectors 256 Inspector may enter premises by consent or under a warrant 257 Inspector may board a vessel without consent or warrant 258 Requirement to facilitate boarding of vessels 259 Monitoring powers of inspectors 260 Enforcement powers of inspectors 261 Persons assisting inspectors 262 Use of force in executing a warrant Division 3—Other powers of inspectors 263 Power to require persons to answer questions and produce documents 264 Inspector may give directions 265 Inspector may give improvement notices 266 Person must comply with improvement notice 267 Inspector may give prohibition notices 268 Person must comply with prohibition notice 269 Display and distribution of copies of notices 270 Notices not to be tampered with or removed Division 4—Obligations and incidental powers of inspectors 271 Consent 272 Announcement before entry under warrant 273 Inspector to be in possession of warrant 274 Details of warrant etc. to be given to occupier 275 Completing execution of warrant after temporary cessation 276 Completing execution of warrant stopped by court order 277 Expert assistance to operate electronic equipment 278 Compensation for damage to electronic equipment Division 5—Occupier's rights and responsibilities 279 Occupier entitled to observe execution of warrant 280 Occupier to provide inspector with facilities and assistance Division 6—General provisions relating to seizure 281 Copies of seized things to be provided 282 Receipts for seized things 283 Return of seized things 284 Magistrate may permit a thing to be retained 285 Disposal of things Division 7—Warrants 286 Monitoring warrants 287 Enforcement warrants 288 Enforcement warrants by telephone, fax etc. 289 Offence relating to warrants by telephone, fax etc. Division 8—Powers of magistrates 290 Powers of magistrates Part 5—Civil penalty supporting provisions Division 1—Obtaining a civil penalty order 291 Civil penalty orders 292 Civil enforcement of penalty 293 Conduct contravening more than one civil penalty provision 294 Multiple contraventions 295 Proceedings may be heard together 296 Civil evidence and procedure rules for civil penalty orders Division 2—Civil proceedings and criminal proceedings 297 Civil proceedings after criminal proceedings 298 Criminal proceedings during civil proceedings 299 Criminal proceedings after civil proceedings 300 Evidence given in civil proceedings not admissible in criminal proceedings Division 3—Miscellaneous 301 Ancillary contravention of civil penalty provisions 302 Mistake of fact 303 State of mind 304 Civil penalty provisions contravened by employees, agents or officers Part 6—Infringement notices and voluntary enforceable undertakings 305 Regulations—infringement notices 306 Acceptance of undertakings 307 Enforcement of undertakings Chapter 9—Other matters Part 1—Preliminary 308 Simplified outline of this Chapter Part 2—The official logbook for a vessel 309 Keeping official logbook 310 Offences relating to content of official logbook 311 Retention of official logbook after removal from vessel 312 Births, deaths etc. Part 3—Administrative review 313 Review of decisions Part 4—General provisions relating to certificates 314 Regulations may provide for particular matters relating to certificates 315 AMSA may require delivery of revoked certificates 316 Issue, variation and revocation of certificates by issuing bodies other than AMSA 317 Certificates to be made available 318 AMSA may request a foreign country to issue certificates 319 Foreign countries may request AMSA to issue certificates 320 AMSA may recognise certificates Part 5—Miscellaneous matters Division 1—Offences and civil penalties relating to obstruction etc. 321 Obstructing or hindering AMSA 322 Damaging AMSA vessels or equipment Division 2—Provisions relating to various legal matters 323 Presumption of jurisdiction 324 Immunity from suit 325 Abolition of defence of common employment 326 Civil liability in relation to a vessel under pilotage 327 Service of summons 328 Service of certain documents if no master 329 Proceedings against the Crown 330 Compensation for acquisition of property or causing damage etc. 331 Offences against certain provisions of Act and regulations 332 Physical elements of offences Division 3—Alternative constitutional bases 333 Alternative constitutional bases Division 4—Exemption 334 Power of exemption 335 Person must not contravene condition of exemption Division 5—Other matters 336 Publication of information about vessels 337 Penalty for receiving fees for supply of seafarers 337A Compliance of foreign‑based foreign Greater Sunrise vessels with international safety and operating standards 338 AMSA may approve form Part 6—Regulations and other legislative instruments 339 General regulation‑making power 340 Regulation‑making power to implement Conventions 341 General provisions relating to regulations 342 Marine Orders 342A Vessels that become or stop being facilities etc. 343 Regulations and orders under the Navigation Act 1912 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to maritime safety and the prevention of pollution of the marine environment, and for related purposes Chapter 1—Preliminary Part 1—Short title and commencement 1 Short title This Act may be cited as the Navigation 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. 13 September 2012 2. Sections 3 to 343 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 F2013L00596) 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. Part 2—Objects and simplified outline of Act 3 Objects of Act The objects of this Act are: (a) to promote the safety of life at sea; and (b) to promote safe navigation; and (c) to prevent pollution of the marine environment; and (d) to ensure that AMSA has the necessary power to carry out inspections of vessels and enforce national and international standards. 4 Simplified outline of this Act Overview of this Act (1) This Act is about maritime safety, seafarers and the prevention of pollution of the marine environment. It provides for matters relating to the following: (a) seafarers (Chapter 2); (b) the safety of regulated Australian vessels and foreign vessels (Chapter 3); (c) prevention of pollution (Chapter 4); (d) tonnage (Chapter 5); (e) the safety of navigation (Chapter 6); (f) wrecks and salvage (Chapter 7); (g) complying with, and enforcing, this Act (Chapter 8); (h) other general matters that relate to the above (Chapter 9). Overview of the rest of this Chapter (2) The rest of this Chapter deals with: (a) the application of this Act, including how it interacts with certain State and Territory laws and its geographical application (Part 3); and (b) definitions that are used in this Act (Part 4); and (c) provisions that enable a vessel that would not otherwise be a regulated Australian vessel to opt in to coverage (Part 5). Part 3—Provisions relating to the application of this Act 5 Extension to Territories This Act extends to every external Territory. 6 Extraterritorial operation of Act This Act applies both within and outside Australia. 7 Act to bind the Crown (1) This Act binds the Crown in each of its capacities. (2) Nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 8 Geographical jurisdiction for offences Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to all offences against this Act. 9 Geographical application of offences and civil penalty provisions relating to foreign vessels, etc. Despite sections 6 and 8, the master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality, does not: (a) commit an offence against this Act that relates to the vessel; or (b) contravene a civil penalty provision of this Act that relates to the vessel; unless, at the time when the conduct constituting the alleged offence or contravention occurs, the vessel is: (c) in an Australian port; or (d) entering or leaving an Australian port; or (e) in the internal waters of Australia; or (f) in the territorial sea of Australia, other than in the course of innocent passage. Note: Certain provisions of this Act provide that this section does not apply to specified offences and civil penalty provisions. 10 Act does not apply to naval vessels etc. This Act does not apply to, or in relation to: (a) a warship or other vessel that: (i) is operated for naval or military purposes by Australia or 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 (however described); or (b) a Government vessel that is used only on government non‑commercial service as a naval auxiliary; or (c) a vessel used by a foreign country for customs or law enforcement purposes. 11 Application of Act to certain Australian Border Force vessels An Australian Border Force vessel that would, apart from this section, not comply with a provision of Chapter 2, 3 or 6, or a person who would, apart from this section, not comply with a provision of those Chapters in relation to an Australian Border Force vessel, is taken to comply with that provision if: (a) there is a document (the Australian Border Force vessel management plan) that: (i) has been prepared, reviewed and accepted in accordance with the regulations; and (ii) relates to the Australian Border Force vessel or person; and (iii) specifies requirements to be met by the Australian Border Force vessel or the person in relation to that provision; and (b) the Australian Border Force vessel or the person complies with the requirements of the Australian Border Force vessel management plan in relation to that provision. 12 Provisions that give effect to various conventions A provision of this Act that gives effect to a provision of: (a) the Safety Convention; or (b) the Prevention of Pollution Convention; or (c) the Prevention of Collisions Convention (in relation to an area other than the high seas); or (ca) the Maritime Labour Convention; does not apply in relation to a domestic commercial vessel, or a recreational vessel that has Australian nationality, when the vessel is in an area if: (d) a provision of the Marine Safety (Domestic Commercial Vessel) National Law gives effect to that provision of the Convention in relation to that vessel when it is in that area; or (e) if paragraph (d) does not apply—a provision of a law of a State or the Northern Territory gives effect to that provision of the Convention in relation to that vessel when it is in that area. 13 Provisions that give effect to the Container Convention (1) Regulations giving effect to the Container Convention do not apply in relation to a container in a State or in the Northern Territory to the extent that a law of that State or Territory, as the case may be, makes provision giving effect to that Convention in relation to that container. (2) Structural safety requirements or tests that are not required or permitted by the Container Convention to be imposed on containers to which that Convention applies are not to be imposed by or under a law of a State or Territory on such containers. Part 4—Interpretation 14 Definitions (1) In this Act: accommodation includes sleeping rooms, mess rooms, duty rooms, recreation facilities, storerooms, change rooms, lockers, galleys, refrigerating chambers, sanitary facilities, hospital accommodation, office accommodation and catering accommodation. 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. aggravated contravention: see section 144. aid to navigation means: (a) a lighthouse, lightship, beacon or buoy; or (b) an electronic aid that is used as an aid to marine navigation, such as a meteorological or oceanographic sensor, satellite navigation system or global positioning system; or (c) maritime communications equipment and infrastructure; or (d) any other structure, mark, device or apparatus that is an aid to marine navigation; but does not include any device or apparatus that forms part of the equipment of a vessel (unless the vessel is a lightship). alcohol test means a test under section 78. AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990. AMSA aid to navigation means an aid to navigation that is owned or controlled by AMSA. approved form means a form approved under section 338. article in the course of post means an article that is being carried by or through the Australian Postal Corporation, and includes an article that has been collected or received by the Australian Postal Corporation for carriage by post, but has not been delivered by the Australian Postal Corporation. Australia includes the external Territories. Australian‑based foreign Greater Sunrise vessel means a foreign Greater Sunrise vessel that operates from an Australian port. Australian Border Force vessel: see section 17. Australian nationality: a vessel has Australian nationality if it is a ship that has Australian nationality within the meaning of the Shipping Registration Act 1981. Australian port means: (a) an Australian port; or (b) a port in the Great Barrier Reef Region. cargo of a vessel does not include ballast for the vessel or goods intended for consumption on the vessel. Example: Ship's stores and fuel that are intended for consumption on the vessel are not cargo of the vessel. child of a person includes a person who is a child of the person within the meaning of the Family Law Act 1975. civil penalty order: see section 291. civil penalty provision means a provision for whose contravention another provision states that a person is liable to a civil penalty. 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. coastal sea of Australia means: (a) the territorial sea of Australia; and (b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory; and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea. compulsory pilotage area: see subsection 163(1). constable has the meaning given by section 3 of the Crimes Act 1914. container has the same meaning as in the Container Convention. Container Convention means the International Convention for Safe Containers, done at Geneva on 2 December 1972, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1981 No. 3 ([1981] ATS 3). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). dangerous goods has the same meaning as in Chapter VII of the Safety Convention. de facto partner has the meaning given by the Acts Interpretation Act 1901. domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law. drug test means a test under section 79. eligible court means: (a) the Federal Court of Australia; or (b) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. enforcement powers: see section 260. enforcement warrant means: (a) a warrant issued under section 287; or (b) a warrant signed by a magistrate under section 288. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. evidential material means: (a) in relation to an offence against this Act: (i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or (ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or (iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and (b) in relation to a contravention of a civil penalty provision: (i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or (ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or (iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision. foreign‑based foreign Greater Sunrise vessel means a foreign Greater Sunrise vessel that operates from a port in a foreign country other than Timor‑Leste. foreign Greater Sunrise vessel means a foreign vessel that: (a) does not have the nationality of Timor‑Leste; and (b) is engaged in Petroleum Activities (within the meaning of the Timor Sea Maritime Boundaries Treaty) in the Greater Sunrise special regime area; and (c) is at, or travelling to or from, a Special Regime Installation (within the meaning of that treaty). foreign vessel means a vessel: (a) that does not have Australian nationality; and (b) that is not a recreational vessel. Government vessel means a vessel: (a) that belongs to the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory; or (b) the beneficial interest in which is vested in the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory; or (c) that is for the time being demised or sub‑demised to the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory. Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975. Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. harbour means a natural or artificial harbour, and includes: (a) a navigable estuary, river, creek or channel; or (b) a haven, roadstead, dock, pier, jetty or offshore terminal; or (c) any other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers. historic wreck means: (a) remains or articles covered by paragraph 16(1)(a) or (b) of the Underwater Cultural Heritage Act 2018; or (b) remains or articles covered by a declaration made in relation to item 1 or 2 of the table in subsection 17(5) of that Act; or (c) remains or articles covered by a provisional declaration made in relation to item 1 or 2 of the table in subsection 19(5) of that Act. home port of a seafarer means: (a) the port specified in the seafarer's work agreement as the home port of the seafarer; or (b) if there is no home port of the seafarer specified in a work agreement—the port at which the seafarer embarked. improvement notice means a notice given under section 265. industrial personnel has the same meaning as in the Safety Convention. industrial personnel vessel means a vessel that is prescribed by the regulations for the purposes of this definition. inspector means a person appointed as an inspector under subsection 254(1). internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973. International Tonnage Certificate (1969) means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the Tonnage Convention. issuing body means AMSA or a recognised organisation. length overall, of a vessel, has the meaning given by section 20. licensed pilot means a person who is licensed as a pilot under regulations made for the purposes of Part 2 of Chapter 6. Limitation of Liability for Maritime Claims Convention means the Convention on Limitation of Liability for Maritime Claims, done at London on 19 November 1976, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 12 ([1991] ATS 12). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). 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. Note: The text of the Convention is set out in Australian Treaty Series 1968 No. 23 ([1968] ATS 23). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). make fast to an object means use the object as a mooring. mandatory ship routeing system means a ship routeing system that is: (a) adopted or mandated by the International Maritime Organization; and (b) prescribed by the regulations; as in force from time to time. marine incident means any of the following: (a) a death of, or injury to, a person associated with the operation or navigation of a vessel; (b) the loss or presumed loss of a vessel; (c) a collision of a vessel with another vessel; (d) a collision of a vessel with an object; (e) the grounding, sinking, flooding or capsizing of a vessel; (f) a fire on board a vessel; (g) a loss of stability of a vessel that affects the safety of the vessel; (h) the structural failure of a 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 vessel; or (ii) the loss of a person from a vessel; or (iii) a vessel becoming disabled and requiring assistance; (k) the fouling or damaging by a vessel of: (i) any pipeline or submarine cable; or (ii) any aid to navigation; (l) an incident that is prescribed by the regulations and involves a vessel. Marine Order: see section 342. Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. Maritime Labour Convention means the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006, as amended and in force for Australia from time to time. master means the person who has command or charge of a vessel, but does not include a pilot. member of a person's family includes the following: (a) a de facto partner of the person; (b) a child of the person; (c) a parent, grandparent, grandchild or sibling of the person. monitoring powers has the meaning given by section 259. monitoring warrant means a warrant issued under section 286. nautical publication includes the following: (a) sailing directions; (b) lists of lights; (c) notices to mariners; (d) tide tables. navigates without a licensed pilot has the meaning given by section 21. non‑Convention tonnage certificate means a tonnage certificate other than an International Tonnage Certificate (1969). non‑Tonnage Convention vessel means a vessel to which the Tonnage Convention does not apply. officer means the master, mate or engineer of a vessel. officer of Customs means an officer of Customs within the meaning of the Customs Act 1901. official logbook means a logbook kept in accordance with regulations made for the purposes of section 309. 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. opt‑in declaration, in relation to a vessel, means a declaration under subsection 25(2) in relation to the vessel. overloaded, in relation to a vessel, has the meaning given by regulations made for the purposes of paragraph 113(a). overseas voyage: see section 16. owner of a vessel means one or more of the following: (a) a person who has a legal or beneficial interest in the vessel, other than as a mortgagee; (b) a person with overall general control and management of the vessel; (c) a person who has assumed responsibility for the vessel from a person referred to in paragraph (a) or (b). For the purposes of paragraph (b), 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. passenger means a person carried on board a vessel with the knowledge or consent of the owner of the vessel or his or her representative, or of the charterer or master of the vessel, other than: (a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; or (b) a person on board the vessel: (i) under an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons; or (ii) because of circumstances that could not have been prevented by the owner, charterer, agent or master of the vessel; or (c) a child under the age of 1 year; or (d) if the vessel is a special purpose vessel—special personnel in relation to the vessel; or (e) if the vessel is an industrial personnel vessel—industrial personnel on board the vessel. pilot means a person who does not belong to, but has the conduct of, a vessel. pilotage provider includes a person who is responsible for the following: (a) training pilots; (b) the safe transfer and operation of pilots; (c) assigning or allocating a pilot to the transit of a vessel through particular waters; (d) undertaking such other activities in relation to pilotage as are prescribed by the regulations; irrespective of the legal relationship, contractual or otherwise, between that person and the pilot concerned. pollution certificate means a certificate issued under section 132. port includes a harbour. PPSA security interest means a security interest within the meaning of the Personal Property Securities Act 2009. premises includes the following: (a) a structure, building, vehicle or vessel; (b) a place (whether or not enclosed or built upon); (c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)). Prevention of Collisions Convention means the Convention on the International Regulations for Preventing Collisions at Sea, done at London on 20 October 1972, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1980 No. 5 ([1980] ATS 5). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Prevention of Pollution Convention has the same meaning as the Convention has in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. proceeding on a voyage: a vessel is taken to be proceeding on a voyage from the time when it is got underway for the purpose of proceeding on the voyage until the time when it is got underway for the purpose of proceeding on another voyage. prohibition notice means a notice given under section 267. Protected Zone means the zone that is: (a) established under Article 10 of the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as amended and in force for Australia from time to time; and (b) the area bounded by the line described in Annex 9 to that Treaty. Note: The text of the Treaty is set out in Australian Treaty Series 1985 No. 4 ([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). recognised organisation means an organisation that is prescribed by the regulations for the purposes of this definition. record of service means a record of service, however described, and includes articles of agreement. recreational vessel means a vessel that is not for use in connection with a commercial, governmental or research activity. Note: A recreational vessel can include a vessel that does not have Australian nationality. regulated Australian vessel: see section 15. regulations (except in subsections 331(2), 339(1), 341(2), 342(1) and 343(1) and any other provision where the context indicates otherwise) includes Marine Orders made under subsection 342(1). ride by an object means go close to the object in such a way as to create a significant wash that affects the object. safety certificate means a certificate issued under section 100. Safety Convention means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22 ([1983] ATS 22). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Salvage Convention means the International Convention on Salvage, done at London on 28 April 1989, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1998 No. 2 ([1998] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). salvage operation means any act or activity undertaken to assist a vessel or any other property not permanently and intentionally attached to the shoreline (including freight at risk) in danger in any waters. seafarer means any person who is employed or engaged or works in any capacity (including that of master) on board a vessel on the business of the vessel, other than the following: (a) a licensed pilot of the vessel (acting as such a pilot); (b) an owner of the vessel or a person (except the master) representing the owner; (c) law enforcement personnel (in their capacity as law enforcement personnel); (d) if the vessel is a special purpose vessel—special personnel in relation to the vessel; (da) if the vessel is an industrial personnel vessel—industrial personnel on board the vessel; (e) a person temporarily employed on the vessel in port; (f) a person prescribed by the regulations. seafarer certificate means a certificate issued under section 31. seafarer's vessel means the vessel on which the seafarer concerned is employed, is engaged or works. seaworthy: see section 23. special personnel, in relation to a special purpose vessel, means a person who is carried on board the vessel in connection with the special purpose of the vessel. special purpose vessel: see section 18. STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London on 7 July 1978, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1984 No. 7 ([1984] ATS 7). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). substandard: see section 24. taken to sea: see section 22. this Act includes regulations and other legislative instruments made under this Act. Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time. Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). tonnage certificate means a certificate issued under section 155. Tonnage Convention means the International Convention on Tonnage Measurement of Ships, done at London on 23 June 1969, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). unclaimed wreck means any wreck in respect of which no claim has been made during the period of a year beginning when AMSA first publishes a notice under section 234 in relation to the wreck. United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). vessel means any kind of vessel used in navigation by water, however propelled or moved, and includes the following: (a) a barge, lighter or other floating craft; (b) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water. vessel traffic service means a navigational service implemented under a law of the Commonwealth or of a State or Territory and in accordance with guidelines for vessel traffic services adopted by the International Maritime Organization on 27 November 1997 to improve the safety and efficiency of vessel traffic and to protect the environment, as in force from time to time. vessel traffic service authority means an entity authorised by AMSA to provide a vessel traffic service. warrant means a monitoring warrant or an enforcement warrant. work agreement means an agreement that is made between a seafarer and the owner of the seafarer's vessel. wreck includes: (a) a vessel that is wrecked, derelict, stranded, sunk or abandoned or that has foundered; and (b) any thing that belonged to or came from a vessel mentioned in paragraph (a); and (c) any thing that belonged to or came from a vessel in distress; and (d) jetsam, flotsam and lagan. (2) A reference in this Act to failure to do an act or thing includes a reference to refusing or neglecting to do that act or thing. 15 Definition of regulated Australian vessel (1) A vessel is a regulated Australian vessel if: (a) under the Shipping Registration Act 1981, the vessel is registered, required to be registered or exempt under section 13 of that Act from that requirement; and (b) the vessel is not a recreational vessel; and (c) any of the following apply: (i) the vessel is proceeding on an overseas voyage or is for use on an overseas voyage; (ii) a certificate issued under this Act, other than a non‑Convention tonnage certificate or a certificate prescribed by the regulations, is in force for the vessel; (iii) an opt‑in declaration is in force for the vessel. (2) A vessel is a regulated Australian vessel if the vessel is an Australian Border Force vessel. (3) A vessel referred to in subparagraph (1)(c)(i) or (ii) is not a regulated Australian vessel if a declaration under section 19 is in force for the vessel. (4) A vessel in the course of construction is a regulated Australian vessel if the vessel is, after completion, for use as a vessel referred to in subparagraph (1)(c)(i) or subsection (2). (5) For the purposes of subsection (4), a vessel that has been launched, but has not been completed and delivered, is taken to be a vessel in the course of construction. 16 Definition of overseas voyage (1) A vessel's voyage is an overseas voyage if in the course of the voyage the vessel is present in waters outside the outer limits of the exclusive economic zone of Australia. (2) Despite subsection (1), a vessel's voyage is not an overseas voyage if: (a) the voyage commences from a port in Queensland and ends at the same port or another port in Queensland; and (b) as an incidental part of its voyage, the vessel is present in waters that are outside the outer limits of the exclusive economic zone of Australia but within the Protected Zone; and (c) the vessel is not otherwise present in waters that are outside the outer limits of the exclusive economic zone of Australia. (3) Despite subsection (1), a vessel's voyage is not an overseas voyage if the presence of the vessel in waters outside the outer limits of the exclusive economic zone of Australia is because of stress of weather, saving life at sea or other unavoidable cause. 17 Definition of Australian Border Force vessel (1) A vessel is an Australian Border Force vessel if it is: (a) used or for use for the purposes of the Australian Border Force (within the meaning of the Australian Border Force Act 2015); and (b) declared by AMSA by written instrument under subsection (2) to be an Australian Border Force vessel. (2) AMSA may make a declaration that a vessel, or vessel included in a class of vessels, is an Australian Border Force vessel. (3) A declaration made under subsection (2) is not a legislative instrument. 18 Definition of special purpose vessel A vessel is a special purpose vessel if it is: (a) a vessel that is used or for use for a purpose specified in the regulations; and (b) specified by the regulations to be a special purpose vessel for the purposes of this section. 19 AMSA may declare that a vessel is not a regulated Australian vessel (1) AMSA may, by written instrument, make a declaration that a vessel, or vessel included in a class of vessels, is not a regulated Australian vessel. (2) AMSA may make the declaration if AMSA is satisfied of such matters as are prescribed by the regulations. (3) A declaration made under subsection (1) is not a legislative instrument. 20 Definition of vessel's length overall (1) Subject to subsection (2), the length overall of a vessel is 110% of the length as shown on the vessel's load line certification. (2) If the length overall of a vessel cannot be worked out under subsection (1), the length overall is taken to be the distance between: (a) a vertical line passing through a point that is the foremost part of the bow; and (b) a vertical line passing through a point that is the aftermost part of the stern. 21 Definition of navigates without a licensed pilot (1) Subject to subsection (2), a vessel navigates without a licensed pilot if the vessel does not have a licensed pilot on board to assist the master in navigating it. (2) If: (a) apart from this subsection, a vessel navigates without a licensed pilot; and (b) the vessel is being towed by another vessel that is navigating with a licensed pilot; the vessel under tow is to be treated as if it had a licensed pilot on board to assist the master in navigating it. 22 Definition of taken to sea (1) A vessel is taken to sea if the vessel: (a) goes to sea, plies, runs or proceeds on a voyage; or (b) has been got underway for the purpose of going to sea, plying, running or proceeding on a voyage. (2) Despite subsection (1), a vessel is not taken to sea merely because the vessel has been got underway for the purpose of moving it from one berth or place in a port to another berth or place in the port. 23 Definition of seaworthy A vessel is seaworthy if, and only if: (a) it is in a fit state as to the condition of hull and equipment, boilers (if any) and machinery, the stowage of ballast or cargo, the number and qualifications of seafarers, and in every other respect, to: (i) encounter the ordinary perils of the voyage undertaken; and (ii) not pose a threat to the environment; and (b) it is not overloaded; and (c) the living and working conditions on board the vessel do not pose a threat to the health, safety or welfare of the vessel's seafarers. Note: An unseaworthy vessel can be detained under section 248. 24 Definition of substandard A vessel to which the Safety Convention, the Load Lines Convention, the Prevention of Pollution Convention or the Maritime Labour Convention applies is substandard, in relation to the condition of the vessel or its equipment in respect of a particular voyage or operation of the vessel, if: (a) a certificate required by the Convention concerned for the proposed voyage or operation is not in force; or (b) both: (i) one or more certificates required by the Convention concerned for the proposed voyage or operation are in force; and (ii) the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate or certificates. Note: A substandard vessel can be detained under section 248. Part 5—Opting in to coverage 25 Opting in to coverage—vessel declared to be a regulated Australian vessel (1) The owner, or any of the owners, of a vessel may apply to AMSA for a declaration (an opt‑in declaration) that the vessel is a regulated Australian vessel. (2) AMSA must, by written instrument, make an opt‑in declaration for a vessel if AMSA is satisfied: (a) that the vessel is registered under the Shipping Registration Act 1981; and (b) that the vessel is seaworthy; and (c) that the vessel is not substandard (if applicable); and (d) of such other matters (if any) as are prescribed by the regulations. (3) AMSA must make a decision on an application under subsection (1) within 30 days of the making of the application. (4) An opt‑in declaration is not a legislative instrument. (5) AMSA must not make an opt‑in declaration other than as mentioned in subsection (2). 26 Revocation and variation of opt