FACT SHEET

NAVIGATION ACT FACT SHEET 1

Overview
Why has the Navigation Act 1912 been
rewritten?

more flexible with technical requirements contained

in the Marine Orders; and

The Navigation Act 1912 has been rewritten to reflect

contemporary conditions and practices, remove
unnecessary and out-dated provisions, and to provide
much-needed confidence and certainty for industry.

more contemporary given the existence of Vessel

Traffic Services, routeing measures and satellite
navigation systems had not been anticipated.

The introduction of the Navigation Act 2012 and the

Marine Safety (Domestic Commercial Vessel) National
Law Act 2012 means that vessels will not move
between legislation depending on the type of voyage
they are undertaking. The Navigation Act 2012 applies
predominantly to those vessels to which the international
conventions apply, including Australian vessels that travel
beyond Australias Exclusive Economic Zone (EEZ) and
foreign vessels in Australian waters. The Marine Safety
(Domestic Commercial Vessel) National Law Act 2012
establishes requirements for Australian commercial
vessels that operate domestically.
The rewrite of the Navigation Act 1912 enables a clear
and coherent national approach to the regulation of
vessels to be established, which will continue to ensure
high levels of safety and reduce compliance costs.
At 100 years old, the Navigation Act 1912 had become a
complex and inflexible instrument containing provisions
no longer relevant to todays shipping environment. For
example, there is still an offence in the Navigation Act
1912 for taking a lunatic on board a ship as a passenger.
The Navigation Act 2012 is:

written in plain and modern language making it easier

to understand;

What are the key changes?

The changes to the Navigation Act 1912 are largely
structural, aimed at improving clarity and increasing
flexibility, rather than changing any substantive
requirements or obligations. Some terminology has
also changed, for example the term ship is replaced by
vessel.
However, some important changes have resulted from
the rewrite:

Scope and application

Vessels that will be subject to the substantive requirements
of the Navigation Act 2012 include:

Foreign vessels operating in Australian waters;

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 apply for or maintain

certification for unrestricted operations.

Other vessels may apply to AMSA to opt-in to the

Navigation Act 2012. Recreational and Defence vessels
are not subject to the substantive requirements of the
Navigation Act 2012. See Fact Sheet 2: Scope of the
Navigation Act 2012 for more information.

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 1 - Overview

Fact Sheet Transferring ownership of an Australian ship

Monitoring and enforcement powers

The Navigation Act 2012 places limits on the monitoring
and enforcement powers of inspectors that reflect modern
expectations regarding civil rights. AMSA will also have
a range of options to facilitate compliance with the Act,
allowing a more proportional approach to enforcement
to be implemented; one which reflects the risk of the
breach and the compliance history of those involved.
See Fact Sheet 3: Compliance and Enforcement for
more information.

New arrangements for government vessels

Commonwealth government vessels (except Defence
vessels) are currently regulated under the Navigation
Act 1912, while State and Territory government vessels
are regulated by the States and Northern Territory. Under
the new arrangements, all government vessels (except
Defence) will be regulated by either the Navigation Act
2012 or the Marine Safety (Domestic Commercial Vessel)
National Law Act 2012, depending on where and how the
vessel operates. See Fact Sheet 4: Government Vessels
for more information.

Implementation of the Maritime Labour

Convention
The Maritime Labour Convention 2006 (MLC) is intended
to improve seafarers working conditions by providing
them with comprehensive rights and protection at work.
MLC inspection and certification requirements will be
implemented through the Navigation Act 2012 and a
new Marine Order in 2013. See the MLC Fact Sheets
for more information.

Removal of the coasting trade licensing

provisions

2012 will include modern provisions for aids to navigation,

covering the establishment, maintenance and inspection
of aids to navigation and offences relating to interfering
with aids to navigation.

Are the Marine Orders changing?

The substantive requirements of the Marine Orders for
the vast majority of vessels subject to the Navigation Act
1912 will not change.
The Marine Orders will be subject to minor amendments
to align references and language with the Navigation Act
2012. For example, the Navigation Act 2012 introduces
the term Safety Certificates which are certificates relating
to vessel survey, construction, machinery, equipment and
other matters relating to the safety of vessels. To align
with the Navigation Act 2012, Marine Orders dealing
with surveys and certification will be modified to state
the criteria against which each certificate must be issued.
However, the obligations on industry will remain the same.
Following implementation of the Navigation Act 2012, the
Marine Orders will undergo review processes to further
improve their readability.
All of the changes to the Marine Orders resulting from
the Navigation Act rewrite will be implemented through
one modification Marine Order Marine Order 4 that
attaches schedules for each Marine Order detailing the
changes required.
The Marine Orders also have ongoing review processes to
ensure they continue to reflect international conventions
and standards. These review processes are progressing
independently of the Navigation Act rewrite and will
continue in the future.

The coasting trade provisions of the Navigation Act

1912 have been revoked and a new law the Coastal
Trading (Revitalising Australian Shipping) Act 2012 has
been introduced. See the Department of Infrastructure
and Transports website for more information on the
new coastal trading arrangements at www.shipping.
infrastructure.gov.au/coastal_trading/index.aspx.

Where can I find more information?

Modern provisions for aids to navigation

Fact Sheet 5: Transitional arrangements

The Lighthouse Act 1911 currently regulates provision

of aids to navigation, their management and related
offences. This Act will be repealed and the Navigation Act

A number of other Fact Sheets have been developed to

outline the changes in more detail. These are:
Fact Sheet 2: Scope of the Navigation Act 2012
Fact Sheet 3: Compliance and enforcement
Fact Sheet 4: Government vessels
Fact Sheet 6: Seafarers
Fact Sheet 7: Offshore industry vessels
Fact Sheet 8: Recognised organisations

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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