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;

to implement Australia’s international obligations in relation to the safety of domestic commercial vessels;

to facilitate the development of a safety culture that will prevent, or mitigate the effects of, marine incidents;

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;

to enhance the efficient and orderly operation of domestic commercial vessels;

to provide an effective enforcement framework.

of the Commonwealth, includes the following:

(i) a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);

a body corporate established for a public purpose by or under a law of the Commonwealth; and

of a State or a Territory, includes the following:

a Department of State (however described) of the State or Territory;

a body corporate established for a public purpose by or under a law of the State or Territory.

a certificate of operation;

a certificate of survey;

a certificate of competency.

a warship or other vessel that:

is operated for naval or military purposes by the Australian Defence Force or the armed forces of a foreign country; and

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

bears external marks of nationality; and

is manned by seafarers under armed forces discipline; or

a Government vessel that is used only on government non-commercial service as a naval auxiliary.

a warrant issued under section 135; or

a warrant signed by a magistrate under section 136.

an individual;

a company;

a trust;

a partnership;

a corporation sole;

a body politic.

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

a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Law; or

a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Law.

a person who hires the vessel; or

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.

a notice that:

is given under regulations made for the purposes of section 138 to a person alleged to have committed an offence against this Law; and

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

a notice that:

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

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.

a death of, or injury to, a person associated with the operation or navigation of a domestic commercial vessel;

the loss or presumed loss of a domestic commercial vessel;

a collision of a domestic commercial vessel with another vessel;

a collision by a domestic commercial vessel with an object;

the grounding, sinking, flooding or capsizing of a domestic commercial vessel;

a fire on board a domestic commercial vessel;

a loss of stability of a domestic commercial vessel that affects the safety of the vessel;

the structural failure of a domestic commercial vessel;

a close quarters situation;

an event that results in, or could have resulted in:

the death of, or injury to, a person on board a domestic commercial vessel; or

the loss of a person from a domestic commercial vessel; or

a domestic commercial vessel becoming disabled and requiring assistance;

the fouling or damaging by a domestic commercial vessel of:

any pipeline or submarine cable; or

(ii) any aid to navigation within the meaning of the Navigation Act 2012 of the Commonwealth;

a prescribed incident involving a domestic commercial vessel.

personal flotation devices;

telecommunications systems;

flares and other devices that can be used to attract attention to the vessel or indicate the vessel’s position;

position identification systems;

anchors and other devices that may be used to maintain the vessel’s position or stability;

oars and other alternative means of propulsion;

fire extinguishers;

lights;

thermal protective aids;

such other equipment as is prescribed by the regulations.

a person appointed as an inspector under section 91; or

a member of the Australian Federal Police; or

a member of the police force (however described) of a State or a Territory.

finding out whether this Law is being, or has been, complied with;

assessing the correctness of information provided under this Law;

investigating a marine incident.

the COAG Council; or

if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph.

a person who apparently represents the occupier of the premises; and

if the premises are a vessel—the master of the vessel.

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

load or unload the vessel when it is moored or berthed.

a person who has a legal or beneficial interest in the vessel, other than as a mortgagee; and

a person with overall general control and management of the vessel.

a structure, building, vehicle, vessel or aircraft;

a place (whether or not enclosed or built on);

a part of a thing referred to in paragraph (a) or (b).

the COAG Council; or

if no such entity exists—the entity prescribed by the regulations for the purposes of this paragraph.

the condition or equipment of the vessel; or

the manner or place in which cargo or equipment on the vessel is stowed or secured; or

the nature of the cargo; or

the overloading of the vessel with people or cargo (including the submergence of the vessel’s load line); or

the number of its crew or the qualifications of its crew or master.

is a regulated Australian vessel; or

is a foreign vessel; or

is a defence vessel; or

is owned by:

a primary or secondary school; or

a community group of a kind prescribed by the regulations.

a purpose prescribed by the regulations; or

an activity prescribed by the regulations.

that a specified thing, or a thing included in a specified class, is a domestic commercial vessel;

that a specified thing, or a thing included in a specified class, is not a domestic commercial vessel.

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.

that a specified thing, or a thing included in a specified class, is a vessel;

that a specified thing, or a thing included in a specified class, is not a vessel.

to make and maintain Marine Orders made under section 163;

to develop and maintain national standards, guidelines and codes of practice relating to marine safety;

to issue unique identifiers and certificates for the purposes of this Law and perform other functions in relation to such identifiers and certificates;

to survey vessels and deal with matters relating to the survey of vessels by accredited surveyors;

to accredit persons and approve training organisations for the purposes of this Law;

to undertake investigation, monitoring and enforcement activities under or for the purposes of this Law;

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;

to collect and distribute information, and provide advice, to:

the Commonwealth Minister; and

the States and Territories; and

the public;

to develop or commission education programs relating to marine safety;

to collect, analyse and disseminate data relating to marine safety;

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);

to perform functions incidental to any of the previously described functions.

an officer or employee of an agency of the Commonwealth;

an officer or employee of an agency of a State or the Northern Territory.

if the delegate is an officer or employee of an agency of the Commonwealth—that agency; or

if the delegate is an officer or employee of an agency of a State—an agency of that State; or

if the delegate is an officer or employee of an agency of the Northern Territory—an agency of the Northern Territory.

the vessel; and

marine safety equipment that relates to the vessel; and

(c) the operation of the vessel.

the owner does not provide or maintain the vessel so that the vessel is, so far as reasonably practicable, safe; or

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

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.

the owner operates the vessel, or causes or allows the vessel to be operated; and

the vessel is an unsafe vessel.

the person does an act or omits to do an act; and

the act or omission contravenes section 12(1); and

the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 12(1); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 12(1); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 12(1).

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

either:

carry out, or arrange the carrying out of, such testing and examination as may be necessary for compliance with paragraph (a); or

ensure that such testing and examination has been carried out; and

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:

the use for which the vessel or equipment was designed, commissioned, constructed, manufactured, supplied, maintained, repaired or modified, as the case may be; and

the results of any testing or examination referred to in paragraph (b); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 14; and

the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 14; and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 14; and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 14.

the vessel; and

marine safety equipment that relates to the vessel; and

(c) the operation of the vessel.

the master operates the vessel, or causes or allows the vessel to be operated; and

the vessel is an unsafe vessel.

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

take reasonable care for his or her own safety; and

take reasonable care for the safety of persons who may be affected by his or her acts or omissions.

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

the person does an act or omits to do an act; and

the act or omission contravenes section 16(1) or 17(1) or (2); and

the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 16(1) or 17(1) or (2); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 16(1) or 17(1) or (2); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 16(1) or 17(1) or (2).

take reasonable care for his or her own safety; and

take reasonable care for the safety of persons who may be affected by his or her acts or omissions; and

comply with any reasonable and lawful directions of the master of the vessel or a supervisor.

the person does an act or omits to do an act; and

the act or omission contravenes section 19(1), (2) or (3); and

the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 19(1), (2) or (3); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 19(1), (2) or (3); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 19(1), (2) or (3).

take reasonable care for his or her safety; and

comply with any reasonable and lawful directions of the master or a member of the crew of the vessel, if the passenger has been advised that non-compliance may constitute an offence.

the person does an act or omits to do an act; and

the act or omission contravenes section 21(1), (2) or (3); and

the person intends the act or omission to be a risk to the safety of a person or the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 21(1), (2) or (3); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 21(1), (2) or (3); and

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.

the person does an act or omits to do an act; and

the act or omission contravenes section 21(1), (2) or (3).

is on board a domestic commercial vessel; or

is taking an action connected with a domestic commercial vessel.

the person does an act or omits to do an act; and

the act or omission contravenes section 23(1) or (3); and

the person intends the act or omission to be a risk to the safety of a person.

the person does an act or omits to do an act; and

the act or omission contravenes section 23(1) or (3); and

the person is reckless as to whether the act or omission is a risk to the safety of a person.

the person does an act or omits to do an act; and

the act or omission contravenes section 23(1) or (3); and

the person is negligent as to whether the act or omission is a risk to the safety of a person.

the person does an act or omits to do an act; and

the act or omission contravenes section 23(1) or (3).

the person does an act or omits to do an act; and

the act or omission contravenes section 25(1) or (2); and

the person intends the act or omission to cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 25(1) or (2); and

the person is reckless as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 25(1) or (2); and

the person is negligent as to whether the act or omission will cause the loss or destruction of, or serious damage to, the domestic commercial vessel concerned.

the person does an act or omits to do an act; and

the act or omission contravenes section 25(1) or (2).

the likelihood of the hazard or risk concerned eventuating; and

the degree of harm that might result from the hazard or risk concerned eventuating; and

what the person concerned knows, or ought reasonably to know, about:

the hazard or the risk concerned; and

ways of eliminating or minimising the hazard or risk concerned; and

the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and

after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned.

an application for the unique identifier has been made under section 30; and

the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the unique identifier.

the owner:

operates the vessel, or causes or permits the vessel to be operated; or

causes or permits the vessel to be in navigable waters; and

a unique identifier is not in force for the vessel; and

the vessel is not exempt from the requirement to have a unique identifier (see section 143).

the master:

operates the vessel, or causes or permits the vessel to be operated; or

causes or permits the vessel to be in navigable waters; and

a unique identifier is not in force for the vessel; and

the vessel is not exempt from the requirement to have a unique identifier (see section 143).

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

the owner:

operates the vessel, or causes or permits the vessel to be operated; or

causes or permits the vessel to be in navigable waters; and

a unique identifier is not displayed on the vessel in accordance with the regulations.

the master:

operates the vessel, or causes or permits the vessel to be operated; or

causes or permits the vessel to be in navigable waters; and

a unique identifier is not displayed on the vessel in accordance with the regulations.

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

the person removes or alters a unique identifier that is displayed on a domestic commercial vessel; and

the removal or alteration is not permitted by the regulations.

an application for the certificate has been made under section 37; and

the National Regulator is satisfied that the vessel has been surveyed in accordance with the regulations; and

the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.

the technical specifications that the vessel must satisfy; and

the standards prescribed as mentioned in section 159 that the vessel must satisfy.

the conditions (if any) prescribed by the regulations; and

the conditions (if any) imposed by the National Regulator.

the frequency with which a vessel must be surveyed; and

compliance with standards prescribed as mentioned in section 159.

comes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and

subject to subsection (6), remains in force until the day specified in the certificate, unless it is revoked earlier.

an application for variation of the certificate has been made under section 39; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.

the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met; and

it is desirable to do so, having regard to the objects of this Law.

an application for suspension of the certificate has been made under section 39; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.

protecting human life; or

securing the safe navigation of vessels; or

dealing with an emergency involving a serious threat to the environment.

comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and

remains in force until:

the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or

if no period is specified—the end of the prescribed period;

an application for revocation of the certificate has been made under section 39; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.

the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met; and

it is desirable to do so, having regard to the objects of this Law.

the owner operates the vessel, or causes or permits the vessel to be operated; and

a certificate of survey is not in force for the vessel; and

the vessel is not exempt from survey (see section 143).

the master operates the vessel, or causes or permits the vessel to be operated; and

a certificate of survey is not in force for the vessel; and

the vessel is not exempt from survey (see section 143).

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

the owner operates the vessel, or causes or permits the vessel to be operated; and

the operation of the vessel is in breach of a condition of the certificate of survey of the vessel.

the master operates the vessel, or causes or permits the vessel to be operated; and

the operation of the vessel is in breach of a condition of the certificate of survey of the vessel.

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

an application for the certificate has been made under section 47; and

the National Regulator is satisfied that the applicant has demonstrated appropriate competence and capacity in relation to the safe operation of the vessel; and

the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.

the conditions (if any) prescribed by the regulations; and

the conditions (if any) imposed by the National Regulator.

the number of crew required to be on board while the relevant vessel or vessels are being operated;

qualifications of the master and crew;

the number of people that may be on board;

the condition of specified physical parts of the relevant vessel or vessels;

safety management systems;

limitations on use by reference to geographical and meteorological factors and time of day;

operating hours;

compliance with standards prescribed as mentioned in section 159.

comes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and

subject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.

an application for variation of the certificate has been made under section 49; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.

the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met; and

it is desirable to do so, having regard to the objects of this Law.

an application for suspension of the certificate has been made under section 49; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.

protecting human life; or

securing the safe navigation of vessels; or

dealing with an emergency involving a serious threat to the environment.

comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and

remains in force until:

the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or

if no period is specified—the end of the prescribed period;

an application for revocation of the certificate has been made under section 49; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.

the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met; and

it is desirable to do so, having regard to the objects of this Law.

the owner operates the vessel, or causes or permits the vessel to be operated by another person; and

the operation of the vessel is not authorised by a certificate of operation in force for the vessel; and

the vessel is not exempt from the requirement to have a certificate of operation (see section 143).

the master operates the vessel, or causes or permits the vessel to be operated by another person; and

the operation of the vessel is not authorised by a certificate of operation in force for the vessel; and

the vessel is not exempt from the requirement to have a certificate of operation (see section 143).

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

the owner operates the vessel, or causes or permits the vessel to be operated; and

the operation of the vessel is in breach of a condition of the certificate of operation for the vessel.

the master operates the vessel, or causes or permits the vessel to be operated; and

the operation of the vessel is in breach of a condition of the certificate of operation for the vessel.

the vessel is a hire and drive vessel being used wholly for recreational purposes; and

the master of the vessel is a hirer of the vessel.

the vessel is sold, modified, sunk or scrapped; and

the holder does not notify the National Regulator within the prescribed period of the sale, modification, sinking or scrapping of the vessel.

the person has made an application for the certificate under section 59; and

the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.

are to include criteria required to be satisfied for a particular certificate of competency to be issued to a person; and

may include criteria relating to tests, including medical tests, and assessments of experience and competence.

the conditions (if any) prescribed by the regulations; and

the conditions (if any) imposed by the National Regulator.

conditions relating to tests, including medical tests, and assessments of experience and competence, that the holder of the certificate must take in order to retain the certificate; and

limitations relating to the types or classes of domestic commercial vessels that the holder of the certificate is authorised to operate; and

the places and kinds of waters in which, and periods during which, the holder of the certificate is authorised to operate domestic commercial vessels.

comes into force on the day specified in the certificate or, if no day is specified, the day on which it is issued; and

subject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.

an application for variation of the certificate has been made under section 61; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the variation are met.

the criteria prescribed by the regulations in relation to variation on the initiative of the National Regulator are met; and

it is desirable to do so, having regard to the objects of this Law.

an application for suspension of the certificate has been made under section 61; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to the suspension are met.

protecting human life; or

securing the safe navigation of vessels; or

dealing with an emergency involving a serious threat to the environment.

comes into force on the day specified by the National Regulator in writing or, if no day is so specified, on the day the holder of the certificate is notified in writing of the suspension; and

remains in force until:

the end of the period specified in writing by the National Regulator, which must not exceed the prescribed period; or

if no period is specified—the end of the prescribed period;

an application for revocation of the certificate has been made under section 61; and

the National Regulator is satisfied that the criteria prescribed by the regulations in relation to revocation on application are met.

the criteria prescribed by the regulations in relation to revocation on the initiative of the National Regulator are met; and

it is desirable to do so, having regard to the objects of this Law.

the owner causes or permits another person to perform duties or functions in relation to the vessel; and

the regulations require the other person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and

the other person does not hold a certificate of competency of that kind; and

the other person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).

the person performs duties or functions in relation to a domestic commercial vessel; and

the regulations require the person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and

the person does not hold a certificate of competency of that kind; and

the person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).

the master causes or permits another person to perform duties or functions in relation to the vessel; and

the regulations require the other person to hold a certificate of competency of a particular kind in order to perform those duties or functions; and

the other person does not hold a certificate of competency of that kind; and

the other person is not exempt from the requirement to hold a certificate of competency of that kind (see section 143).

the owner causes or permits another person to perform duties or functions in relation to the vessel; and

the performance of the duties or functions is in breach of a condition of a certificate of competency held by the other person.

the person performs duties or functions in relation to a domestic commercial vessel; and

the performance of the duties or functions is in breach of a condition of a certificate of competency held by the person.

the master causes or permits another person to perform duties or functions in relation to the vessel; and

the performance of the duties or functions is in breach of a condition of a certificate of competency held by the other person.

give the holder of the certificate notice in writing inviting the holder to show cause, within a reasonable period specified in the notice, why the variation should not be made or the certificate should not be revoked; and

consider any representations the holder makes to the National Regulator within that period.

give the holder of the certificate notice in writing inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended; and

consider any representations the holder makes to the National Regulator within that period.

that the certificate is the equivalent of, or that it is otherwise appropriate to recognise the certificate as the equivalent of, a prescribed certificate; or

that the class of certificates is the equivalent of, or that it is otherwise appropriate to recognise the class of certificates as the equivalent of, a prescribed class of certificates.

any conviction of the person for an offence against this Law; and

any conviction of the person for an offence against a law of the Commonwealth, a State or a Territory that is relevant for the purposes of deciding whether the person is suitable to hold the certificate; and

any other matter prescribed by the regulations.

the persons who may make applications;

approval of forms for the making of applications;

the manner of making applications;

information required to be included in applications;

documents that must accompany applications;

fees connected with applications;

withdrawal of applications.

criteria that must be satisfied in order for the National Regulator to issue certificates or unique identifiers, or to vary or revoke certificates;

the time limits within which applications are to be determined;

the information to be included in certificates;

the person in whose name certificates are to be issued;

conditions to which certificates are subject;

conditions that the National Regulator may impose upon certificates;

the time at which certificates, variations of certificates, suspensions of certificates and revocations of certificates come into force;

the time at which certificates or suspensions cease to be in force;

the methods of replacing certificates;

registers of certificates and unique identifiers;

the criteria to be met for variation of certificates:

on application; or

on the initiative of the National Regulator;

procedures relating to notification of proposed decisions by the National Regulator.

the renewal of certificates;

the transfer of certificates;

requiring notification to be given of events involving domestic commercial vessels that have unique identifiers, including, but not limited to, change of ownership.

a certificate of operation has been issued under regulations made for the purposes of section 80; and

the certificate of operation permits the operation by a person of:

the vessel; or

vessels of a class that includes the vessel; and

the vessel is operated by the person.

the certificate may be revoked or varied under this Law; and

the certificate may be revoked or varied (however described) by or under later legislation; and

no compensation is payable if the certificate is revoked or varied as mentioned in either of the above paragraphs.

the person is the holder of a certificate or other document:

required to be held under this Law; or

issued under this Law; and

a copy of the certificate or other document is not made available at all reasonable times for examination on request by either of the following:

the National Regulator;

a marine safety inspector.

the vessel is in any waters; and

the master has reason to believe that one or more persons are in distress on a vessel or in any waters; and

the master does not both:

cause his or her vessel to proceed as fast as practicable to the assistance of the person or persons; and

inform the person or persons that the master is doing so.

the master of the domestic commercial vessel is unable to comply with subsection (1)(c); or

in the special circumstances of the case, it is unreasonable or unnecessary for the master of the domestic commercial vessel to do so; or

the master of the domestic commercial vessel is informed by the person or persons in distress, or by the master of another vessel that has reached the person or persons, that assistance is no longer necessary; or

the master of the domestic commercial vessel is informed that another vessel has been requisitioned and is complying with the requisition.

the vessel is requisitioned by the master of another vessel that is in distress in any waters, in accordance with subsection (1); and

the master does not cause his or her vessel to proceed as fast as practicable to the assistance of the other vessel.

the master of the domestic commercial vessel is unable to comply with subsection (2)(b); or

in the special circumstances of the case, it is unreasonable or unnecessary for the master to do so; or

the master of the domestic commercial vessel is informed by the master of the vessel in distress, or by the master of another vessel that has reached the vessel in distress, that assistance is no longer necessary; or

the master of the domestic commercial vessel is informed that another vessel has been requisitioned and is complying with the requisition.

is required to keep an official logbook for the vessel; and

receives information that a person or persons are in distress on a vessel or in any waters; and

does not record in the official logbook:

that he or she proceeded to the assistance of the person or persons; or

if he or she did not so proceed—his or her reasons for not so proceeding.

the vessel is involved in a marine incident that involves:

the death of a person; or

serious injury to a person; or

the loss of a vessel; or

the loss of a person from the vessel; or

significant damage to a vessel; and

neither the owner nor the master of the vessel reports the incident to the National Regulator as soon as reasonably practicable, having regard to the circumstances, after the owner becomes aware of the incident.

the vessel is involved in a marine incident; and

neither the owner nor the master of the vessel gives a written report of the incident, in the form approved by the National Regulator, to the National Regulator within 72 hours after the owner becomes aware of the incident.

the vessel is involved in a marine incident that involves:

the death of a person; or

serious injury to a person; or

the loss of a vessel; or

the loss of a person from a vessel; or

significant damage to a vessel; and

neither the master nor the owner of the vessel reports the incident to the National Regulator as soon as reasonably practicable after the master becomes aware of the incident, having regard to the circumstances.

the vessel is involved in a marine incident; and

neither the master nor the owner of the vessel gives a written report of the incident, in the form approved by the National Regulator, to the National Regulator within 72 hours after the master becomes aware of the incident.

a domestic commercial vessel is involved in a marine incident; and

the person does not, so far as reasonably practicable, preserve any material that may be relevant to an investigation of the marine incident.

the vessel is involved in a marine incident; and

the owner does not take all reasonable steps to ensure the preservation of any material that may be relevant to an investigation of the marine incident.

an officer or employee of an agency of the Commonwealth;

an officer or employee of an agency of a State or Territory.

be in the form approved by the National Regulator; and

contain a recent photograph of the marine safety inspector; and

state the powers that the inspector may exercise.

the person has been issued with an identity card; and

the person ceases to be a marine safety inspector; and

the person does not, as soon as practicable after so ceasing, return the identity card to the National Regulator.

a requirement is made of the person under subsection (1); and

the person fails to comply with the requirement.

if the inspector has been appointed under section 91—the inspector has shown his or her identity card if required by the occupier; or

if the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory—the inspector is in uniform, or has shown his or her police identification if required by the occupier.

a marine safety inspector does not comply with subsection (2) because of subsection (3); and

the occupier of the premises is present at the premises;

to ask questions under section 98;

monitoring purposes;

to issue an improvement notice or prohibition notice to a person;

if the regulations referred to in section 138 provide for a marine safety inspector to issue infringement notices, or notices relating to the issue of infringement notices—to issue such a notice;

to give a person a notice under section 101;

to give a direction under section 109.

the inspector has been appointed under section 91; and

the master of the vessel requests the inspector to produce identification;

the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform; and

the master of the vessel requests the inspector to produce identification;

leave the vessel; and

not re-board the vessel without producing the identity card or police identification or wearing police uniform.

answer questions put by the inspector about the nature or operations of the vessel; and

produce any books, records or documents about the nature or operations of the vessel requested by the inspector.

a requirement is made of the person under subsection (1); and

the person fails to comply with the requirement.

the power to search the vessel and any thing on the vessel;

the power to examine or observe any activity conducted on the vessel;

the power to inspect, examine, take measurements of or conduct tests on any thing on the vessel;

the power to make any still or moving image or any recording of the vessel or any thing on the vessel;

the power to inspect any document on the vessel;

the power to take extracts from, or make copies of, any such document;

the power to take onto the vessel such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the vessel;

the power to require a person on the vessel to show, or demonstrate the operation of, machinery or equipment on the vessel;

the power to require a person on the vessel to give a marine safety inspector one or more of the following:

the person’s name;

the person’s residential address;

the person’s date of birth;

evidence of the person’s identity;

the powers set out in subsections (3), (4) and (5).

stop or manoeuvre the vessel;

adopt a specified course or speed;

maintain a specified course or speed;

take the vessel to a specified place.

the equipment; or

a disk, tape or other storage device that:

is on the vessel; and

can be used with the equipment or is associated with it;

the power to operate electronic equipment on the vessel to put the data in documentary form and remove the documents so produced from the vessel;

the power to operate electronic equipment on the vessel to transfer the data to a disk, tape or other storage device that:

is brought onto the vessel for the exercise of the power; or

is on the vessel and the use of which for that purpose has been agreed in writing by the occupier of the vessel;

a thing is found during the exercise of vessel monitoring powers in relation to a domestic commercial vessel; and

a marine safety inspector believes on reasonable grounds that:

the thing is evidential material; and

any of the powers under this section needs to be exercised without a warrant, either because of serious and urgent circumstances or because it is not practicable to obtain a warrant, in order to prevent concealment, loss or destruction of the evidential material.

it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in section 99(5)(a) or to transfer all that evidential material as mentioned in section 99(5)(b); or

possession of the equipment or the disk, tape or other storage device by the occupier of the vessel could constitute an offence against a law of the Commonwealth, a State or a Territory.

the exercise of the power; and

the grounds for his or her belief.

the person who holds the certificate of operation for the vessel; or

if no such person is able to be located—the person who had possession or control of the vessel immediately before it was detained.

identify the vessel; and

state that the vessel has been detained; and

specify the reason for this; and

specify contact details of a marine safety inspector who can provide further information; and

include information about the return of the vessel.

the steps that must be taken to return detained vessels; and

the persons to whom detained vessels are to be returned.

the person operates a vessel, or causes or permits the operation of a vessel, that has been detained under subsection (1); and

the vessel has not been released from detention; and

a marine safety inspector has not consented to the operation of the vessel by the person.

a requirement is made of the person:

under section 99(2)(h) (to show, or demonstrate the operation of, machinery or equipment on a domestic commercial vessel); or

under section 99(2)(i) (to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity); or

under section 99(3) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and

the person fails to comply with the requirement.

a requirement is made of the person under section 99(2)(i) to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity; and

the person gives a name, address, date or evidence of the person’s identity; and

the name, address, date or evidence is false or misleading in a material particular.

the occupier of the premises has consented to the entry, and:

if the inspector has been appointed under section 91—the inspector has shown his or her identity card if required by the occupier; or

if the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory—the inspector is in uniform, or has shown his or her police identification if required by the occupier; or

the entry is made under a warrant.

the power to search the premises and any thing on the premises;

the power to examine or observe any activity conducted on the premises;

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

the power to make any still or moving image or any recording of the premises or any thing on the premises;

the power to inspect any document on the premises;

the power to take extracts from, or make copies of, any such document;

the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

the powers set out in subsections (3), (4) and (6).

the equipment; or

a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it;

the power to operate electronic equipment on the premises to put the data in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the data to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

the thing is found during the exercise of general monitoring powers on the premises; and

a marine safety inspector believes on reasonable grounds that:

the thing affords evidence of the commission of an offence against this Law; and

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises;

if entry to the premises is under an enforcement warrant:

the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and

the power to seize evidential material of that kind if the inspector finds it on the premises;

the power to inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b);

the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);

the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

the power to require a person on the premises to demonstrate the operation of machinery or equipment on the premises;

the powers set out in subsections (2), (3) and (6).

the equipment; or

a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it;

if entry to the premises is under an enforcement warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;

the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed, in writing, by the occupier of the premises;

it is not practicable to put the evidential material in documentary form as mentioned in subsection (3)(b) or to transfer the evidential material as mentioned in subsection (3)(c); or

possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth, a State or a Territory.

entry to the premises is under an enforcement warrant; and

the marine safety inspector, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the inspector believes on reasonable grounds to be other evidential material; and

the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

answer any questions put by the inspector; and

produce any books, records or documents requested by the inspector.

a requirement is made of the person under subsection (1); and

the person fails to comply with the requirement.

a person is contravening a provision of this Law in respect of a thing; or

at least one of the following applies:

it is necessary to exercise powers under this section in order to protect the safety of people or to protect the environment;

it is desirable in the public interest for the inspector to exercise powers under this section;

is contravening a provision of this Law; or

has contravened a provision of this Law and is likely to contravene that provision again;

specify the contravention of this Law that the marine safety inspector believes is occurring or is likely to occur; and

set out the reasons for that belief; and

specify a period within which the person is to take the action necessary to prevent any further contravention, or to prevent the likely contravention, as the case may be.

an activity is occurring in relation to a domestic commercial vessel that involves or will involve a risk to the safety of a person or a serious risk to the environment; or

an activity may occur in relation to a domestic commercial vessel that, if it occurs, will involve a risk to the safety of a person or a serious risk to the environment.

the master of the vessel; or

if the inspector cannot locate the master:

the person who holds the certificate of operation for the vessel; or

if the inspector cannot locate that person—the person who has possession or control of the vessel.

specify the activity the marine safety inspector believes involves or will involve the risk to safety or the environment, and set out the reasons for that belief; and

either:

direct the responsible person to ensure that the activity is not engaged in; or

direct the responsible person to ensure that the activity is not engaged in in a specified manner.

any vessel, or part of a vessel, in relation to which the activity is not to be engaged in;

any thing that is not to be used in connection with the activity;

any procedure that is not to be followed in connection with the activity.

the recipient must cause a copy of the notice to be displayed:

in a place directed by the marine safety inspector who issued the notice; or

if the marine safety inspector does not give a direction—in a prominent place on or near the vessel; and

the marine safety inspector who issued the notice must give a copy of the notice to:

the master of the vessel; and

the person who holds the certificate of operation for the vessel or, if no such person is able to be located, the person who had possession or control of the vessel immediately before the notice was issued.

tamper with a notice while it is displayed under section 112; or

remove a notice that has been displayed before the notice has ceased to have effect.

may enter the premises; and

may exercise powers and perform functions and duties under this Part; and

must do so in accordance with a direction given by the inspector to the person assisting.

announce that he or she is authorised to enter the premises; and

if the inspector was appointed under section 91—show his or her identity card to the occupier of the premises if the occupier is present at the premises; and

if the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform—show his or her police identification to the occupier of the premises if the occupier is present at the premises; and

give any person at the premises an opportunity to allow entry to the premises.

to ensure the safety of a person; or

to ensure that the effective execution of the warrant is not frustrated.

a marine safety inspector does not comply with subsection (1) because of subsection (2); and

the occupier of the premises is present at the premises;

a warrant is being executed in relation to premises; and

the occupier of the premises is present at the premises;

make a copy of the warrant available to the occupier (which need not include the signature of the magistrate who issued it); and

inform the occupier of the rights and responsibilities of the occupier under Division 6.

the warrant is still in force; and

the inspector and persons assisting are absent from the premises:

for not more than 1 hour; or

if there is an emergency—for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or

for a longer period if the occupier of the premises consents in writing.

there is an emergency; and

the inspector or person assisting believes on reasonable grounds that the inspector and the persons assisting will not be able to return to the premises within that period.

an application is made under subsection (3); and

the magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

the extension would not result in the period ending after the warrant ceases to be in force.

the order is later revoked or reversed on appeal; and

the warrant is still in force when the order is revoked or reversed.

(a) there is on the premises information (data) relevant to the monitoring purposes or determining whether there is evidential material on the premises; and

the data may be accessible by operating electronic equipment on the premises; and

expert assistance is required to operate the equipment; and

if he or she does not take action under this subsection, the data may be destroyed, altered or otherwise interfered with;

as a result of electronic equipment being operated as mentioned in this Part:

damage is caused to the equipment; or

the data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

a marine safety inspector is securing, or has secured, a thing under section 100(3), 104(6) or 121(2); and

the person interferes with the securing of the thing, or the secured thing; and

the period for which the thing is secured has not ended.

a warrant is being executed in relation to premises; and

the occupier of the premises is present at the premises;

a marine safety inspector executing the warrant; and

any person assisting the inspector;

a document, film, computer file or other thing that can be readily copied;

a storage device, the information in which can be readily copied.

the reason for the thing’s seizure no longer exists;

it is decided that the thing is not to be used in evidence;

the period of 60 days after the thing’s seizure ends.

is subject to any contrary order of a court; and

does not apply if the thing:

is forfeited or forfeitable to the Commonwealth; or

is the subject of a dispute as to ownership.

proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

the thing may continue to be retained because of an order under section 130; or

the Commonwealth, the National Regulator or a marine safety inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth, a State or a Territory) to retain, destroy, dispose of or otherwise deal with the thing.

before the end of 60 days after the seizure; or

before the end of a period previously specified in an order of a magistrate under this section;

for the purposes of an investigation in respect of an offence against this Law; or

to enable evidence of an offence against this Law to be secured for the purposes of a prosecution;

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

for the costs of, and incidental to, the detention of the vessel; and

for any loss or damage incurred by the owner as a result of the detention of the vessel;

a domestic commercial vessel is detained under this Division; and

the National Regulator incurs costs in connection with the detention of the vessel; and

the detention was reasonable in the circumstances;

the National Regulator has:

in the case of a seized thing—taken reasonable steps to return the thing to a person; or

in the case of a detained vessel—taken the steps required by the regulations to return the vessel to a person; and

one of the following applies:

the National Regulator has been unable to locate the person, despite making reasonable efforts;

the person has refused to take possession of the thing or vessel;

the National Regulator has contacted the person about the return of the thing or vessel, and the person has not refused to take possession of the thing or vessel, but has not taken possession of the thing or vessel within 3 months of the contact.

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

state the purpose for which the warrant is issued; and

authorise one or more marine safety inspectors (whether or not named in the warrant) from time to time while the warrant remains in force:

to enter the premises; and

to exercise the powers set out in sections 103, 104, 106 and 107, and Division 5, in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to be in force.

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

specify the offence or offences to which the warrant relates; and

specify the kind of evidential material that is to be searched for under the warrant; and

name one or more marine safety inspectors; and

authorise the inspector or inspectors so named:

to enter the premises; and

to exercise the powers set out in sections 103, 105, 106 and 107, Division 5 and section 130 in relation to the premises; and

state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.

in an urgent case; or

if the inspector believes, on reasonable grounds, that the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

after considering the information; and

after receiving such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

the terms of the warrant; and

the day on which, and the time at which, the warrant was signed.

the name of the magistrate; and

the day on which, and the time at which, the warrant was signed.

the day on which the warrant ceased to be in force;

the day of execution of the warrant;

the form of warrant completed by the inspector; and

the information referred to in subsection (3), which must have been duly sworn or affirmed.

it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the inspector states in a document that purports to be a form of warrant under section 136 the name of a magistrate, unless that magistrate signed the warrant; or

the inspector states on a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the terms of the warrant signed by the magistrate under that section; or

the inspector purports to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows:

has not been approved by a magistrate under that section; or

departs in a material particular from the terms of a warrant signed by a magistrate under that section; or

the inspector gives to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.

to refuse to issue a certificate under the following:

section 38(1);

section 48(1) or (2);

section 60(1) or (2);

to refuse to issue a unique identifier under section 31(1);

to impose a condition on a certificate under the following:

section 38(3)(b);

section 48(4)(b);

section 60(3)(b);

to refuse to vary a certificate under the following:

section 40(1);

section 50(1);

section 62(1);

to vary a certificate under the following:

section 40(2);

section 50(2);

section 62(2);

to refuse to suspend a certificate under the following:

section 41(1);

section 51(1);

section 63(1);

to suspend a certificate under the following:

section 41(2) or (2A);

section 51(2) or (2A);

section 63(2) or (2A);

to refuse to revoke a certificate under the following:

section 42(1);

section 52(1);

section 64(1);

to revoke a certificate under the following:

section 42(2);

section 52(2) or (3);

section 64(2) or (3);

to refuse to recognise a certificate under section 73(1);

to specify a condition under section 73(3);

to give a direction under section 109(1);

to refuse to grant an exemption under section 143, other than an exemption granted on the initiative of the National Regulator;

to impose a condition on an exemption under section 143, other than an exemption granted on the initiative of the National Regulator.

to detain a vessel under section 101(1);

to issue an improvement notice under section 110(1);

to issue a prohibition notice under section 111(2).

the terms of the decision; and

the reasons for the decision; and

a statement setting out particulars of the person’s right to have the decision reviewed under this section.

be in the form approved by the National Regulator; and

contain the information required by the regulations; and

be made within 30 days after the day on which the written notice of the decision was given to the applicant, or within such period (if any) as the National Regulator, either before or after the end of the 30-day period, allows.

was not involved in making the decision; and

occupies a position that is senior to that occupied by any person involved in making the decision.

make a decision affirming, varying or revoking the reviewable decision; and

if the person revokes the decision—make such other decision as the person thinks appropriate.

internal review of decisions made under the regulations; and

the making of applications to the Administrative Review Tribunal for review of decisions under the regulations.

a specified vessel or class of vessels; or

a specified person or class of persons.

one or more specified periods;

one or more specified operations.

on application in accordance with the regulations by a person; or

on the initiative of the National Regulator.

an exemption under section 143 in relation to the vessel is subject to a condition; and

the owner breaches, or causes or permits another person to breach, the condition.

an exemption under section 143 in relation to the vessel is subject to a condition; and

the master breaches, or causes or permits another person to breach, the condition.

an exemption under section 143 in relation to the person is subject to a condition; and

the person breaches the condition.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the trustee becomes aware of those circumstances.

is not an officer or employee of the Commonwealth, a State or the Northern Territory, or of an agency of the Commonwealth, a State or the Northern Territory; or

is such an officer or employee, but does a thing under this Law other than in that capacity;

a delegate or sub-delegate of the National Regulator;

a maritime safety inspector;

an accredited person;

an approved training organisation.

the National Regulator; or

a member of the staff of the National Regulator; or

a delegate or sub-delegate of the National Regulator; or

an agency of which such a delegate or sub-delegate is an employee; or

an employee or contractor of such an agency; or

a marine safety inspector;

the master of the vessel; or

the owner of the vessel.

if the relevant offence is alleged to have been committed by the master of the vessel—to the owner of the vessel, requiring the owner to inform the National Regulator of the name and address of the person who was the master of the vessel at the time of the conduct constituting the relevant offence; or

if the relevant offence is alleged to have been committed by the owner of the vessel—to the master of the vessel, requiring the master to inform the National Regulator of the name and address of the person who was the owner of the vessel at the time of the conduct constituting the relevant offence.

specify the relevant offence; and

state the effect of section 155.

the person is given a notice under section 154(2); and

the person does not, within 28 days of the giving of the notice, give the information specified in the notice to the National Regulator.

that a unique identifier was issued, on a specified day, in relation to a domestic commercial vessel; or