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FACT SHEET

NAVIGATION ACT FACT SHEET 3


Compliance and Enforcement
The Navigation Act 2012 introduces contemporary tools
for achieving compliance and enforcement. This means
that a more proportionate response to breaches can be
implemented, one that reflects the severity of the breach
and the compliance history of those involved.

Issuing prohibition notices. Inspectors may issue


prohibition notices. This could occur when an activity
is occurring that involves, or may involve, a serious
risk to the health and safety of a person;

Accepting voluntary enforceable undertakings.


AMSA could accept a written undertaking that specific
action will be undertaken to comply with the Act. If
the action is not undertaken, AMSA could enforce the
undertaking through a court order;

Issuing directions. AMSAs powers to issue


directions are broadened under the Navigation Act
2012 to ensure that AMSA has sufficient authority
to address breaches and to act when there is a risk
to safety or the environment, or it is in the public
interest to do so;

Detaining vessels. AMSAs power to detain vessels


is broadened under the Navigation Act 2012 and can
be used for a breach of the Act;

Issuing infringement notices. Infringement notices


may be issued when a breach of the regulations or
Marine Orders occurs;

Conducting civil prosecutions. Civil penalties allow


for offences to be prosecuted on a civil basis only.
This would occur when the offence was of a type
where it would not be appropriate to seek a criminal
sentence; and

Conducting criminal prosecutions. A criminal


prosecution is for the most serious offences.

What can inspectors do?


The Navigation Act 1912 included substantive powers to
inspect vessels and enforce the law. Under the Navigation
Act 2012 limits are placed on monitoring and enforcement
powers that reflect modern expectations regarding civil
rights. Inspectors appointed under the Navigation Act
2012 may board vessels at any time in order to monitor
compliance but may only seize evidence and enter
premises other than vessels with consent or under the
authority of a warrant.

What happens if the inspectors find


evidence of a breach?
Under the Navigation Act 1912, AMSA could enforce the
Act through detaining the vessel, cancelling certificates
or commencing criminal prosecutions. The Navigation Act
2012 provides inspectors with a wider range of options
designed to facilitate compliance with the Act, including:

Varying or revoking certificates. AMSA and


recognised organisations may vary or revoke
certificates if specified criteria are met. This criteria
will be included in Marine Orders dealing with surveys
and certification;

Issuing improvement notices. Inspectors may


issue improvement notices where they identify a
non-compliance;

AMSA is developing compliance and enforcement


protocols for both the Navigation Act 2012 and the Marine
Safety (Domestic Commercial Vessel) National Law Act
2012.

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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