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:

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 Australias
territorial sea, and some powers (relating generally
to safe navigation and pollution) over foreign vessels
within Australias 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 Australias 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.

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.

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 Australias

obligations under international conventions and

Table 1 - Summary of changes

Navigation Act 1912

Trading vessels on an
overseas or interstate
voyage

Australian fishing vessels

on an overseas voyage

Offshore industry vessels,

intrastate trading vessels
and fishing fleet support
vessels that opt in

Navigation Act 2012

Key changes

Foreign vessels in
Australian waters

All foreign vessels in Australian waters will be subject to the

Navigation Act 2012

Australian vessels that

operate or are for use on
voyages outside the EEZ

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

Australian vessels that

maintain certification for
unrestricted operations

All Australian vessels with certification for unrestricted operations

are subject to the Navigation Act 2012, including Australian
commercial vessels that operate domestically

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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