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Compliance and enforcement policy 2018

This policy provides an overview of compliance and enforcement options and information as to when use of each option is appropriate
AMSA 314
1 September 2018
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The Australian Maritime Safety Authority (AMSA) is the national Commonwealth Government agency responsible for maritime safety, protection of the marine environment, and maritime and aviation search and rescue. 

We are governed by the Australian Maritime Safety Authority Act 1990 and are a Commonwealth corporate entity for the purposes of the Public Governance, Performance and Accountability Act 2013

AMSA's legislation

AMSA implements the following Commonwealth Acts of Parliament:

  • Marine Safety (Domestic Commercial Vessels) National Law Act 2012
  • Navigation Act 2012
  • Occupational Health and Safety (Maritime Industry) Act 1993
  • Protection of the Sea (Civil Liability) Act 1981
  • Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
  • Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
  • Protection of the Sea (Oil Pollution Compensation Funds) Act 1993
  • Protection of the Sea (Prevention of Pollution from Ships) Act 1981
  • Protection of the Sea (Powers of Intervention Act) 1981
  • Shipping Registration Act 1981.

This list of legislation is current at the time of publication and is referred to as the ‘maritime safety legislation’ in this document. Please note that, whist this policy is applicable to ensuring compliance with the Occupational Health and Safety (Maritime Industry) Act 1993 in general terms, more specific policy and procedures, which have been agreed with the Seacare Authority, apply and are provided elsewhere.

Regulatory approach and Regulator performance framework

In undertaking its statutory role, AMSA is committed to implementing its Statement of Regulatory Approach, Compliance Strategy and the Commonwealth Government’s Regulator Performance Framework. In particular, this means ensuring compliance and enforcement approaches are risk based, streamlined and coordinated, and proportionate to the risks being managed.

AMSA acknowledges that an appropriate risk-based approach can assist both the regulator and regulated entities by applying resources where they will have the best regulatory effect. In the maritime safety legislation context, risk based compliance involves:

  • undertaking compliance assessment based on relevant information and intelligence analysis
  • identifying current and emerging compliance risks
  • developing innovative and targeted strategies to effectively address compliance priorities using the full range of tools available to AMSA
  • implementing those targeted strategies using a planned approach with clear goals which take account of the nature of the industry and the compliance history of industry participants.

Last Updated: 

2 December 2019