Exemption 4 - Marine Safety (Recreational use)

This exemption is for owners of domestic commercial vessels who may wish to use their vessels for recreational use occasionally.

An updated version of Exemption 4 comes into effect on 1 July 2025.  

We have remade the current version with no policy changes.  

You do not need to apply to use this exemption.  

Current exemption holders: Review the updated exemption to ensure that you still meet the eligibility criteria. 

See the updated Exemption 4 (EX04) PDF82.06 KB

In force 1 July 2025 to 30 June 2028.

What this exemption will allow you to do

Approval is no longer required to operate under Exemption 4. 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 4 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.

Exemption 4 does not make your vessel a recreational vessel. Domestic commercial vessel requirements other than crewing and operational area limitations still apply.

Chartering a vessel 

If someone charters a boat to you and you use it recreationally, Exemption 4 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 4.

Relocating a vessel

Exemption 4 cannot be used to take a domestic commercial vessel overseas or to relocate it.

Legislation and incorporated material

Related information

Superseded

Last updated: 16 June 2025