NAVIGATION ACT 2012
Table of Provisions
CHAPTER 1--Preliminary
PART 1--SHORT--TITLE AND COMMENCEMENT
1 Short title
2 Commencement
PART 2--OBJECTSAND--SIMPLIFIED OUTLINE OF ACT
3 Object s of Act
4 Simplified outline of this Act
PART 3--PROVISIONS--RELATING TO THE APPLICATION OF THIS ACT
PART 4--INTERPRETATION
PART 5--OPTINGINTO--COVERAGE
CHAPTER 2--Seafarers
PART 1--PRELIMINARY
27 Simplified outline of this Chapter
PART 2--SEAFARER--CERTIFICATES
Division 2--Issue ofseafarer certificates
Division 3--Offences and civil penalties relating to seafarer certificates
PART 3--MARITIME--LABOUR CERTIFICATES
Division 1--Vessels to which this Part applies
Division 2--Regulations relating to maritime labour certificates
42 Regulations relating to maritime labour certificates
Division 3--Issue of maritime labour certificates
43 Persons may apply for a maritime labour certificate
44 Issu e of maritime labour certificate
45 Issuing body may vary maritime labour certificate
46 Revocation of maritime labour certificate
Division 4--Offences and civil penalties relating to taking a vesseltosea withoutamaritime labour certificate
PART 4--MANNING--AND ENGAGEMENT OF SEAFARERS
Division 1--Vessels to which this Part applies
Division 2--Manning of vessels
Division 3--Engagement of seafarers , etc.
54 Work agreements
55 Owner to make available information about conditions of employment
56 Offences and civil penalties relating to content of work agreement s
57 Regulations about records of service
58 Regulations about hours of work and rest
59 Regulations about payment of wages
PART 5--HEALTH--, ACCOMMODATION AND WELFARE
Division 1--Vessels to which this Part applies
Division 2--Provisions
61 Regulations about provision of food and water
62 Free provisions
63 Provisions adequate for voyage
64 Adequate food catering facilities to be provided
Division 3--Health
65 Regulations about health
66 Medicines etc. must be carried on vessels --owner
67 Medicines etc. must be carried on vessels --master
68 Owner liable for medical attendance etc.
69 Owner liable where certain seafarers removed from vessel etc.
70 Owner liable for medical attendance etc. on board vessel
71 Other expenses to be paid by seafarer
72 Medical practitioners and first - aid attendants --owner
73 Medical practitioners and first - aid attendants--master
Division 4--Accommodation, etc.
Division 5--Repatriation and protection
76 Regulations relating to repatriation
77 Regulations relating to complaints etc. about employment
PART 6--ALCOHOLAND--DRUGS
Division 2--Offencesand civil penaltiesrelating to alcohol and drugs
Division 3--Regulations and other matters
87 Regulations relating to alcohol and drug tests
88 Evidentiary certificates
CHAPTER 3--Vesselsafety
PART 1--PRELIMINARY
96 Simplified outline of this Chapter
Division 1--Vessels to which this Part applies
Division 2--Regulations relating tosafetycertificates
98 Regulations relating to safety c ertificates
Division 3--Issue ofsafetycertificates
Division 4--Offences and civil penaltiesrelating totaking aregulatedAustralian vesseltoseawithoutsafetycertificates
Division 5--Offences and civil penaltiesrelatingtotakingforeign vesselsto seawithoutappropriatedocuments
PART 3--SEAWORTHINESS--OF VESSELS
PART 4--PASSENGER--AND CARGO OPERATIONS, AND OVERLOADING
Division 1--Vessels to which this Part applies
Division 2--Regulations relating to passenger and cargo operations
Division 3--Regulations relating to overloading
113 Regulations relating to overloading
Division 4--Offencesand civil penaltiesrelating to passenger and cargo operations
Subdivision A--Loading
PART 5--MUSTERS--AND DRILLS
Division 1--Vessels to which this Part applies
Division 2--Regulations relating to musters, drills and tests
125 Regulations relating to musters, drills and tests
Division 3--Offences and civil penalties relating to musters, drills andtests
CHAPTER 4--Prevention of pollution
PART 1--PRELIMINARY
128 Simplified outline of this Chapter
PART 2--POLLUTIONCERTIFICATES
Division 1--Vessels to which this Part applies
Division 2--Regulations relating topollutioncertificates
Division 4--Offences and civil penalties relatingto vessels operating withoutpollutioncertificates
PART 3--POLLUTION--OR DAMAGE TO THE MARINE ENVIRONMENT
Division 1--Vessels to which this Part applies
138 Vessels to which this Part applies
139 Geographical application
Division 2--Vesselspolluting or damagingthe Australian marine environment
Division 3--Australian vesselspolluting or damagingthe marine environment outsideAustralia
142 Operating a vessel so as to pollute or damage th e marine environment outside Australia
143 Failure to ensure vessel is operated so as not to cause pollution or damage to th e marine environment outside A ustralia
PART 4--DIRECTIONS--POWERS RELATING TOFOREIGN VESSELS
Division 1--Vessels to which this Part applies
Division 2--Directions may be given to vessels
147 Directions in relation to vessels
148 Persons must comply with direction
149 Geographical applicatio n
CHAPTER 5--Tonnage
PART 1--PRELIMINARY
PART 2--TONNAGE--REGULATIONS AND CERTIFICATES
CHAPTER 6--Safetyofnavigation
PART 1--PRELIMINARY
161 Simplified outline of this Chapter
PART 2--PILOTAGE
Division 1--Vessels to which this Part applies
Division 2--Regulationsrelating to pilotage etc.
Division 3--Requirement to navigate with a licensed pilot
Division 4--Exemption from requirement to navigate with a licensed pilot
172 Application for exemption
173 Failure to comply with conditions of exemption
PART 3--PREVENTION--OFCOLLISIONS
Division 1--Vessels to which this Part applies
Division 2--Collisions, lights and signals
Division 3--Operating a vessel in contravention of regulations
Division 4--Nopresumption of fault
179 No presumption of fault
PART 4--OBLIGATION--TO RENDER ASSISTANCEAND REPORT INCIDENTS
Division 1--Vessels to which this Part applies
Division 2--Obligation to render assistance
PART 5--AIDS--TO NAVIGATION
Division 1--Regulations
188 Regulations relating to aids to navigation
Division 2--AMSA'spowers in relation toaids to navigation
189 Acquisition of aids to navigation by compulsory process
190 Power to establish , maintain and inspect aids to navigation
191 Other p owers in relation to aids to navigation
192 Returns of aids to navigation
Division 3--Offences and civil penalties relating toaids to navigation
Subdivision A--Failure to comply with notice
193 Failure to comply with a notice about aids to navigation
Subdivision B--Destruction etc. of aids to navigation
194 Intentionally d estroying , fouling or damaging aids to navigation
195 Recklessly destroying, fouling or damaging aids to navigation
196 Negligently destroying, fouling or damaging aids to navigation
197 Intentionally obstructing the view of aids to navigation
198 Recklessly obstructing the view of aids to navigation
199 Negligently obstructing the view of aids to navigation
200 Intentionally interfering with aids to navigation
201 Recklessly interfering with aids to navigation
202 Negligently interfering with aids to navigation
203 Intentional removal or alteration of aids to navigation
204 Reckless removal or alteration of aids to navigation
205 Riding by or making fast to aids to navigation
Subdivision C--Other offences relating to aids to navigation
206 Trespassing on aids to navigation
207 Trespassing on vessels or property used by AMSA
208 Notice of damage to aid to navigation
Subdivision D--Geographical application
209 Geographical application
Division 4--Additionalmatters relatingto aids to navigation
210 Liability for damage , etc.
211 Tra n sfer of aids to navigation to be valid
PART 6--SAFENAVIGATION
Division 1--Preliminary
Division 2--Vessel traffic services
Division 3--Mandatory routeing
Division 4--Reporting of movement of vessels
221 Regulations relating to reporting requirements
222 Geographical application
Division 5--The Australian Hydrographic Office and offences and civil penalties relating to taking a vessel to sea without charts, etc.
223 Functions of the Australian Hydrographic Office
224 Taking a vessel to sea without nautical charts and publications --owner
225 Takin g a vessel to sea without nautical charts and publications --master
CHAPTER 7--Wrecks and salvage
PART 1--PRELIMINARY
226 Simplified outline of this Chapter
PART 2--WRECKS
Division 1--Wrecksto which this Part applies
Division 2--Rights and powers in relation to wrecks
PART 3--SALVAGE
Division 1--Vessels to which this Part applies
Division 2--Regulations relating to salvage
241 Regulations relating to salvage
242 Salvage claims against the Crown , etc.
243 Salvage claims by the Crown , etc.
CHAPTER 8--Enforcement
PART 1--PRELIMINARY
244 Simplified outline of this Chapter
245 Vessels to which Chapter applies
PART 2--DIRECTIONS--POWERS
246 Directions in relation to vessels
247 Persons must comply with directions
PART 3--DETENTION--POWERS
PART 4--INSPECTORS
Division 1--Appointment ofinspectors etc.
Division 2--Search and seizure powers ofinspectors
Division 3--Other powers ofinspectors
Division 4--Obligations and incidental powers ofinspectors
271 Consent
272 Announcement before entry under warrant
273 Inspector to be in possession of warrant
274 Details of warrant etc. to be given to occupier
275 Completing execution of warrant after temporary cessation
276 Completing execution of warrant stopped by court order
277 Expert assistance to operate electronic equipment
278 Compensation for damage to electronic equipment
Division 5--Occupier's rights and responsibilities
279 Occupier entitled to observe execution of warrant
280 Occupier to provide inspector with facilities and assistance
Division 6--General provisions relating to seizure
281 Copies of seized things to be provided
282 Receipts for seized things
283 Return of seized things
284 Magistrate may permit a thing to be retained
285 Disposal of things
Division 7--Warrants
Division 8--Powers of magistrates
290 Powers of magistrates
PART 5--CIVIL--PENALTYSUPPORTINGPROVISIONS
Division 2--Civil proceedings and criminal proceedings
297 Civil proceedings after criminal proceedings
298 Criminal proceedings during civil proceedings
299 Criminal proceedings after civil proceedings
300 Evidence given in civil proceedings not admissible in criminal proceedings
Division 3--Miscellaneous
PART 6--INFRINGEMENT--NOTICES AND VOLUNTARY ENFORCEABLE UNDERTAKINGS
305 Regulations--infringement notices
306 Acceptance of undertakings
307 Enforcement of undertakings
CHAPTER 9--Othermatters
PART 1--PRELIMINARY
308 Simplified outline of this Chapter
PART 2--THEOFFICIALLOGBOOKFOR--A VESSEL
PART 3--ADMINISTRATIVE--REVIEW
PART 4--GENERAL--PROVISIONS RELATING TO CERTIFICATES
314 Regulations may provide for particular matters relating to certificates
315 AMSA may require delivery of revoked certificates
316 Issue, variation and revocation of certificates by issuing bodies other than AMSA
317 Certificates to be made available
318 AMSA may request a foreign country to issue certificates
319 Foreign countries may request AMSA to issue certificates
320 AMSA may recognise certificates
PART 5--MISCELLANEOUS--MATTERS
Division 1--Offencesand civil penaltiesrelating to obstruction etc.
Division 2--Provisions relating to various legal matters
323 Presumption of jurisdiction
324 Immunity from suit
325 Abolition of defence of common employment
326 Civil liability in relation to a vessel under pilotage
327 Service of summons
328 Service of certain documents if no master
329 Proceedings against the Crown
330 Compensation for acquisition of property or causing damage etc.
331 Offences against certain provisions of Act and regulations
332 Physical elements of offences
Division 3--Alternative constitutional bases
333 Alternative constitutional bases
Division 4--Exemption
334 Power of exemption
335 Person must not contravene condition of exemption
Division 5--Other matters
PART 6--REGULATIONSAND--OTHER LEGISLATIVE INSTRUMENTS
339 General regulation - making power
340 Regulation - making power to implement Conventions
341 General provisions rela ting to regulations
342 Marine Orders
343 Regulations and o rders under the Navigation Act 1912
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