FACT SHEET
NAVIGATION ACT FACT SHEET 2
Scope of the Navigation Act 2012
Which vessels are subject to the Navigation Act 2012?
Vessels that will be subject to the substantive requirements
of the Navigation Act 2012 include:
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Foreign flagged vessels operating in Australian
waters. This includes, for example, a foreign cargo
vessel within Australian waters or a foreign vessel
conducting fishing activities in Australian waters.
Under the Navigation Act 2012, AMSA has substantial
powers over foreign vessels within Australia’s
territorial sea, and some powers (relating generally
to safe navigation and pollution) over foreign vessels
within Australia’s Exclusive Economic Zone (EEZ);
Australian vessels (non-recreational) which go
outside the EEZ, operate entirely outside the EEZ or
are for use on voyages outside the EEZ; and
Australian vessels which maintain certification for
unrestricted operations under the Navigation Act
2012, irrespective of where they operate.
Other vessels may ‘opt in’ to the Navigation Act 2012
by applying to AMSA. Such vessels will be required to
maintain class survey and to hold appropriate certification.
The EEZ is the maritime zone over which Australia
has sovereign rights in relation to exploring, exploiting,
conserving and managing the natural marine resources.
The outer edge of the EEZ is generally 200 nautical miles
from Australia’s territorial sea baseline; however the
edge varies depending on agreements with neighbouring
countries.
Are there any exceptions?
Defence vessels are not subject to the requirements of
the Navigation Act 2012.
Australian vessels that do not operate beyond the EEZ
and have certification for unrestricted operations may ‘opt
out’ of regulation under the Navigation Act 2012. To do this
This fact sheet contains general information only. For additional information please contact AMSA www.amsa.gov.au
Australian Maritime Safety Authority, Canberra ACT Australia – October 2012
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Fact Sheet – Navigation Act Fact Sheet 2 - Scope of the Navigation Act 2012
Fact Sheet – Transferring ownership of an Australian ship
applies predominantly to those vessels to which the
international conventions apply, including Australian
vessels that travel beyond the EEZ and foreign
vessels in Australian waters.
the vessel must surrender any certification issued under
the Navigation Act 2012 and the vessel would then be
regulated under the Marine Safety (Domestic Commercial
Vessel) National Law Act 2012.
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AMSA may also declare that a vessel is not subject to the
Navigation Act 2012. This could occur where the vessel
is an Australian vessel that intends to operate outside
the EEZ, for example a fishing vessel that operates
beyond the EEZ but within a specified distance from the
Australian coastline. Under the declaration, the vessel will
be required to comply with the Marine Safety (Domestic
Commercial Vessel) National Law Act 2012.
From 2013 onwards, these two Acts will regulate all
Australian commercial vessels and all foreign vessels
operating in Australian waters.
The Navigation Act 2012 is not voyage-based and vessels
will no longer move between legislation depending on
what type of voyage they are undertaking. The previous
system of voyage-based determinations for vessels
travelling interstate or overseas on an ad hoc basis added
to the costs of compliance (for industry) and regulation
(for government).
Foreign vessels in Australian waters and Australian
vessels which undertake voyages beyond the EEZ will
be subject to the Navigation Act 2012 without exception.
What has changed?
The Navigation Act 1912 applied on a voyage basis,
meaning that it captured more vessels that remained in
Australian waters, but did not capture all foreign vessels
in Australian waters or all Australian commercial vessels.
What about the all ship provisions?
Some Navigation Act 2012 provisions apply to all vessels,
including recreational vessels and domestic commercial
vessels.
A summary of the changes is shown at Table 1 on page 3.
Why are the arrangements changing?
The same arrangements were in place under the
Navigation Act 1912.
The rewrite of the Navigation Act 1912, combined with the
introduction of the Marine Safety (Domestic Commercial
Vessel) National Law Act 2012, enables a clear and
coherent national approach to the regulation of vessels
to be established, which will help ensure high levels of
safety and to reduce compliance costs.
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The Marine Safety (Domestic Commercial Vessel)
National Law Act 2012 establishes requirements
for Australian commercial vessels that operate
domestically.
For domestic commercial vessels, these include
provisions covering certain types of certificates, such as
pollution certificates, which could be issued to any vessel.
Certain offence provisions of the Navigation Act 2012
apply to all vessels – for example, offences relating
to pollution, damage to the marine environment and
interfering with aids to navigation.
The Navigation Act 2012 implements Australia’s
obligations under international conventions and
Table 1 - Summary of changes
Navigation Act 1912
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Trading vessels on an
overseas or interstate
voyage
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Australian fishing vessels
on an overseas voyage
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Offshore industry vessels,
intrastate trading vessels
and fishing fleet support
vessels that ‘opt in’
Navigation Act 2012
Key changes
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Foreign vessels in
Australian waters
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All foreign vessels in Australian waters will be subject to the
Navigation Act 2012
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Australian vessels that
operate or are for use on
voyages outside the EEZ
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Australian domestic commercial vessels on interstate voyages
will be subject to the Marine Safety (Domestic Commercial
Vessel) National Law Act 2012 and not the Navigation Act 2012
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Australian vessels that
maintain certification for
unrestricted operations
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All Australian vessels with certification for unrestricted operations
are subject to the Navigation Act 2012, including Australian
commercial vessels that operate domestically
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Australian vessels can ‘opt in’ to the Navigation Act 2012 by
applying to AMSA
This fact sheet contains general information only. For additional information please contact AMSA www.amsa.gov.au
Australian Maritime Safety Authority, Canberra ACT Australia – October 2012
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