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

NORTHERN TERRITORY OF AUSTRALIA MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) (NATIONAL UNIFORM LEGISLATION) ACT 2013 As in force at 10 February 2026 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Purpose of Act ................................................................................. 1 4 Interpretation ................................................................................... 2 Part 2 Applied provisions 5 Application of Commonwealth laws as laws of Territory .................. 3 6 Interpretation of Commonwealth domestic commercial vessel national law...................................................................................... 3 Part 3 Functions and powers under applied provisions 7 Functions and powers of National Regulator and other authorities and officers .................................................................... 4 8 Delegations by National Regulator .................................................. 4 Part 4 Offences 9 Object of Part................................................................................... 4 10 Application of Commonwealth criminal laws to offences against applied provisions ............................................................... 5 11 Functions and powers conferred on Commonwealth officers and authorities relating to offences .................................................. 5 12 No double jeopardy for offences against applied provisions ............ 6 Part 5 Administrative laws 13 Application of Commonwealth administrative laws to applied provisions ........................................................................................ 6 14 Functions and powers conferred on Commonwealth officers and authorities ................................................................................. 7 Part 6 Fees and fines 15 Fees payable to officers or employees of Territory acting as delegates ......................................................................................... 7 -- 1 of 14 -- Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 ii 16 Infringement notice penalties ........................................................... 7 17 Fines, fees etc. not otherwise payable to Territory .......................... 7 Part 7 Miscellaneous matters 18 Things done for multiple purposes................................................... 8 19 Reference in Commonwealth law to a provision of another law ...... 8 20 Regulations of Territory ................................................................... 8 Part 8 Repeal 21 Regulations repealed ....................................................................... 8 Schedule 1 Repealed Regulations ENDNOTES -- 2 of 14 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 10 February 2026 ____________________ MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) (NATIONAL UNIFORM LEGISLATION) ACT 2013 An Act to apply as a law of the Territory a national law regulating marine safety relating to domestic commercial vessels, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013. 2 Commencement This Act commences on the day fixed by the Administrator by Gazette notice. 3 Purpose of Act (1) The purpose of this Act is to adopt in the Territory a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law). (2) Accordingly, this Act: (a) applies the Commonwealth domestic commercial vessel national law as a law of the Territory; and (b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of the Territory to be administered on a uniform basis by the Commonwealth (and by Territory officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth. -- 3 of 14 -- Part 1 Preliminary matters Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 2 4 Interpretation (1) In this Act: applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of the Territory because of section 5. Commonwealth administrative laws means the following: (a) the Administrative Review Tribunal Act 2024 (Cth) (excluding Part 7); (b) the Freedom of Information Act 1982 (Cth); (c) the Ombudsman Act 1976 (Cth); (d) the Privacy Act 1988 (Cth); (e) the regulations and other legislative instruments in force under any of those Acts. Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments: (a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)); (b) the regulations and other legislative instruments in force under that Law; (c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law. function includes a duty. (2) Terms used in this Act and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Act as they have in that law. -- 4 of 14 -- Part 2 Applied provisions Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 3 (3) In this Act, a reference to a Commonwealth Act includes a reference to: (a) that Commonwealth Act, as amended and in force for the time being; and (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being. Part 2 Applied provisions 5 Application of Commonwealth laws as laws of Territory (1) The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of the Territory. (2) The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which the Territory may make laws: (a) whether or not the Commonwealth may make laws in relation to those matters; and (b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws. (3) Subsection (2) does not operate to exclude a law of the Territory relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law. (4) The regulations made under this Act may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law: (a) made by a law of the Commonwealth; and (b) specified in the regulations made under this Act; had not taken effect. 6 Interpretation of Commonwealth domestic commercial vessel national law (1) The Acts Interpretation Act 1901 (Cth) applies as a law of the Territory in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act, as the case requires. -- 5 of 14 -- Part 4 Offences Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 4 (2) The Interpretation Act 1978 does not apply to the applied provisions. Note for subsection (2) Even though the Interpretation Act 1978 does not apply to the applied provisions, it applies to this Act and to instruments made under this Act. Part 3 Functions and powers under applied provisions 7 Functions and powers of National Regulator and other authorities and officers The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth. 8 Delegations by National Regulator Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions. Part 4 Offences 9 Object of Part (1) The object of this Part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth. (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to): (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and -- 6 of 14 -- Part 4 Offences Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 5 (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) infringement notices in connection with offences; and (h) liability to make reparation in connection with offences; and (i) proceeds of crime; and (j) spent convictions. (3) For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed. 10 Application of Commonwealth criminal laws to offences against applied provisions (1) The relevant Commonwealth laws apply as laws of the Territory in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory. (2) For the purposes of a law of the Territory, an offence against the applied provisions: (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and (b) is taken not to be an offence against the laws of the Territory. (3) Subsection (2) has effect for the purposes of a law of the Territory except as provided by the regulations made under this Act. 11 Functions and powers conferred on Commonwealth officers and authorities relating to offences (1) A Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions. (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence -- 7 of 14 -- Part 5 Administrative laws Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 6 against the corresponding provision of the Commonwealth domestic commercial vessel national law. 12 No double jeopardy for offences against applied provisions If: (a) an act or omission is both an offence against the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and (b) the offender has been punished for the offence against the Commonwealth domestic commercial vessel national law; the offender is not liable to be punished for the offence against the applied provisions. Part 5 Administrative laws 13 Application of Commonwealth administrative laws to applied provisions (1) The Commonwealth administrative laws apply as laws of the Territory to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory. (2) For the purposes of a law of the Territory, a matter arising in relation to the applied provisions: (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of the Territory. (3) Subsection (2) has effect for the purposes of a law of the Territory except as provided by the regulations made under this Act. (4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect. (5) For the purposes of this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cth) (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. -- 8 of 14 -- Part 6 Fees and fines Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 7 14 Functions and powers conferred on Commonwealth officers and authorities (1) A Commonwealth administrative law applying because of section 13 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions. (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law. Part 6 Fees and fines 15 Fees payable to officers or employees of Territory acting as delegates The Minister may, by Gazette notice, set fees payable to the Territory in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of the Territory or an agency of the Territory. 16 Infringement notice penalties Any amount paid to the Territory by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) in relation to an infringement notice is (subject to any refund payment under section 10(2) of that Act) payable into the Central Holding Authority. 17 Fines, fees etc. not otherwise payable to Territory (1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the National Regulator. (2) Subsection (1) does not apply to any fees referred to in section 15. -- 9 of 14 -- Part 8 Repeal Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 8 Part 7 Miscellaneous matters 18 Things done for multiple purposes The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law. 19 Reference in Commonwealth law to a provision of another law For the purposes of sections 10 and 13, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections. 20 Regulations of Territory (1) The Administrator may make regulations under this Act. (2) The regulations may not be inconsistent with this Act or the applied provisions. Part 8 Repeal 21 Regulations repealed The Regulations specified in Schedule 1 are repealed. -- 10 of 14 -- Schedule 1 Repealed Regulations Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 9 Schedule 1 Repealed Regulations section 21 Marine Amendment Regulations 2007 Subordinate Legislation No. 38 of 2007 Marine (Crew Accommodation) Regulations Subordinate Legislation No. 17 of 1982 Amendment of Marine (Crew Accommodation) Regulations Subordinate Legislation No. 5 of 2001 Marine (Examinations and Certificates) Regulations Subordinate Legislation No. 16 of 1982 Amendment of the Marine (Examinations and Certificates) Regulations Subordinate Legislation No. 9 of 1984 Amendments of the Marine (Examinations and Certificates) Regulations Subordinate Legislation No. 34 of 1991 Amendments of the Marine (Examinations and Certificates) Regulations Subordinate Legislation No. 48 of 1994 Amendment of the Marine (Examinations and Certificates) Regulations Subordinate Legislation No. 6 of 2001 Marine (Hire-and-Drive Vessel) Regulations Subordinate Legislation No. 36 of 1994 Amendments of Marine (Hire-and-Drive Vessel) Regulations Subordinate Legislation No. 7 of 2001 Marine (Load Line) Regulations Subordinate Legislation No. 15 of 1982 Amendments of Marine (Load Line) Regulations Subordinate Legislation No. 8 of 2001 Marine (Pleasure Craft) Regulations Subordinate Legislation No. 10 of 1985 Amendments of Marine (Pleasure Craft) Regulations Subordinate Legislation No. 12 of 1993 Amendments of Marine (Pleasure Craft) Regulations Subordinate Legislation No. 12 of 2001 -- 11 of 14 -- Schedule 1 Repealed Regulations Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 10 Amendments of Marine (Pleasure Craft) Regulations Subordinate Legislation No. 24 of 2002 Marine (Safety) Regulations Subordinate Legislation No. 12 of 1982 Amendments of Marine (Safety) Regulations Subordinate Legislation No. 11 of 1993 Amendments of Marine (Safety) Regulations Subordinate Legislation No. 14 of 2001 Marine (Safety Manning) Regulations Subordinate Legislation No. 14 of 1982 Amendments of the Marine (Safety Manning) Regulations Subordinate Legislation No. 35 of 1991 Amendment of Marine (Safety Manning) Regulations Subordinate Legislation No. 9 of 2001 Marine (Small Craft) Regulations Subordinate Legislation No. 28 of 1985 Amendment of Marine (Small Craft) Regulations Subordinate Legislation No. 16 of 2001 Amendments of Marine (Small Craft) Regulations Subordinate Legislation No. 23 of 2002 Marine (Survey) Regulations Subordinate Legislation No. 20 of 1982 Amendments of the Marine (Survey) Regulations Subordinate Legislation No. 28 of 1984 Amendments of Marine (Survey) Regulations Subordinate Legislation No. 17 of 2001 -- 12 of 14 -- ENDNOTES Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 11 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 (Act No. 11, 2013) Assent date 29 May 2013 Commenced 1 July 2013 (Gaz S24, 25 June 2013) Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3) Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 6. 4 LIST OF AMENDMENTS s 4 amd No. 3, 2026, s 40 s 12 amd No. 38, 2014, s 2 s 13 amd No. 3, 2026, s 41 s 22 exp No. 11, 2013, s 22(6) pt 8 hdg amd No. 4, 2017, s 34 pt 9 hdg exp No. 11, 2013, s 67 -- 13 of 14 -- ENDNOTES Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 12 pt 9 div 1 hdg exp No. 11, 2013, s 67 ss 23 – 65 exp No. 11, 2013, s 67 pt 9 div 2 hdg exp No. 11, 2013, s 67 s 66 exp No. 11, 2013, s 67 pt 9 div 3 hdg exp No. 11, 2013, s 67 s 67 exp No. 11, 2013, s 67 sch 2 exp No. 11, 2013, s 67 -- 14 of 14 --