Exemption 4—Marine Safety (Recreational use)

What this exemption will allow you to do

Approval is no longer required to operate under Exemption 04. Existing approvals remain valid. 

Owners are exempt from the need to comply with some requirements that usually apply when the vessel is operated for commercial, governmental or research purposes.

These conditions relate to crewing and operational area limitations.

While operating under Exemption 04 you must:

• only use the vessel for recreational use and not use it at the same time in connection with a commercial, governmental or research activity
• comply with maximum load and passenger restrictions
• comply with local recreational vessel requirements, except those requiring the vessel to be registered as a recreational vessel or to meet Australian Builder’s Plate requirements
• deal with the risks of operating recreationally in the safety management system 
• secure or isolate any powered equipment, lifting equipment or other machinery that could pose a danger to passengers
• record any recreational use in the log book.

Chartering a vessel 

If someone charters a boat to you and you use it recreationally, Exemption 04 does not apply, because chartering a vessel is a commercial activity. If the owner uses it recreationally—for example to take friends fishing—the owner may be able to operate under Exemption 04.

Relocating a vessel

Exemption 04 cannot be used to take a domestic commercial vessel overseas or to relocate it.

Legislation and incorporated material

• Marine order 504 (Certificates of operation and operation requirements – national law)
• National Standard for Commercial Vessels 

Related information

• Vessel classes and service categories
• Safety management systems
• Crewing guidance for domestic commercial vessels
• Tenders and auxiliary vessels

Superseded

• Exemption 04 – in force 1 July 2018
• Exemption 04 – in force 1 July 2013 (Compilation)
• Exemption 04 – In force 1 July 2013