2013

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR TRANSPORT

MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) (NATIONAL UNIFORM LEGISLATION) BILL 2013

SERIAL NO. 23

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Marine Safety (Domestic Commercial Vessel) National Law is set out in the Schedule to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth (the Marine Safety National Law). 
The Marine Safety National Law has been developed by the Commonwealth with the States and the Northern Territory to implement the Council of Australian Governments (COAG) Intergovernmental Agreement on Commercial Vessel Safety Reforms, signed on 19 August 2011 (the IGA) to create a single national law to regulate the safety of all commercial vessel operations in Australian waters and to establish a single National Regulator for commercial vessel safety. Under the IGA it was agreed that the Australian Maritime Safety Authority (AMSA) would be the National Regulator for the Marine Safety National Law. 
The Marine Safety National Law set out in the Schedule to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth is part of the maritime component of the national transport reform package. The reforms are designed to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries. 
There are currently eight different marine safety regulatory systems, involving the Commonwealth, the six States and the Northern Territory, that govern the operation of domestic commercial vessels in Australia. The overarching objective of the Marine Safety National Law is to provide for the consistent national regulation of the domestic commercial vessel industry across Australia. 
This objective is to be achieved through a regulatory framework that:
(a)    promotes continuous improvement in marine safety;
(b)    promotes public confidence in the safety of marine operators; 
(c)    ensures effective identification and management of safety risks; and
(d)    seeks to reduce regulatory burden without compromising safety.
Consistent with these objectives, the Marine Safety National Law will:
(a)   provide for a single National Regulator to perform functions and exercise powers under the Marine Safety National Law;
(b)   establish a system for the issue of national certificates in relation to:
(i)    vessel identification;
(ii)    vessel survey;
(iii)   the commercial operation of vessels; and
(iv)  	seafarer competencies;
(c)   establish offences where a vessel identification or a certificate is required and not held or not complied with;
(d)   establish general safety obligations for individuals who have a role in the production and operation of commercial vessels, to ensure the safety of the vessel, their own safety, and the safety of others, so far as is reasonable; 
(e)   establish a system within which to conduct compliance and enforcement activities; and
(f)   provide for the consistent application of nationally agreed standards across Australia.
State and Territory agencies will be responsible for the effective day-to-day operation of the Marine Safety National Law, under delegation from AMSA. The jurisdictions will retain responsibility for the regulation of waterways, the management of ports and associated issues, such as classifying waters and setting speed limits. 
The IGA provides that the Commonwealth will apply the Marine Safety National Law in areas where the Commonwealth legislates, and the States and the Northern Territory will apply the Marine Safety National Law in other areas.
Vessels which operate internationally, foreign vessels and vessels which maintain certification under the international convention for Safety of Life at Sea will be regulated by the Commonwealth under the Navigation Act 2012 and are outside the scope of the Marine Safety National Law. The Marine Safety National Law will not apply to Defence vessels and recreational vessels. 
The purpose of this Bill is to adopt the Marine Safety National Law as a law of the Northern Territory. This will extend the application of the Marine Safety National Law to any commercial vessels operating in Northern Territory waters where the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth does not apply.