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The Navigation Act 2012 introduces new compliance and enforcement tools for regulators to respond proportionately to breaches of maritime law. Inspectors now have powers to issue prohibition notices for high-risk activities, accept voluntary undertakings to remedy issues, and issue directions to address safety concerns or legal violations. Non-compliance can lead to vessel detentions, infringement notices, civil penalties, or criminal prosecution depending on the severity of the breach. The Australian Maritime Safety Authority is developing protocols to govern enforcement of these new powers under the updated Navigation Act.
The Navigation Act 2012 introduces new compliance and enforcement tools for regulators to respond proportionately to breaches of maritime law. Inspectors now have powers to issue prohibition notices for high-risk activities, accept voluntary undertakings to remedy issues, and issue directions to address safety concerns or legal violations. Non-compliance can lead to vessel detentions, infringement notices, civil penalties, or criminal prosecution depending on the severity of the breach. The Australian Maritime Safety Authority is developing protocols to govern enforcement of these new powers under the updated Navigation Act.
The Navigation Act 2012 introduces new compliance and enforcement tools for regulators to respond proportionately to breaches of maritime law. Inspectors now have powers to issue prohibition notices for high-risk activities, accept voluntary undertakings to remedy issues, and issue directions to address safety concerns or legal violations. Non-compliance can lead to vessel detentions, infringement notices, civil penalties, or criminal prosecution depending on the severity of the breach. The Australian Maritime Safety Authority is developing protocols to govern enforcement of these new powers under the updated Navigation Act.
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;
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
STCW-F International Convention On International Convention On Standards of Training, Certification and Watchkeeping For Fishing Vessel Personnel, 1995