Exemption 38—Marine Safety (Low complexity duties)

Approvals

To be eligible to operate under Exemption 38, you must both:

• Be at least 16 years of age.
• Tell AMSA in writing about any long term or permanent medical condition likely to affect your ability to work on the vessel – and if required undergo any medical examination AMSA considers necessary.

Depending on the circumstances in which you want to work, you will also need to meet additional medical, eyesight and training requirements.

To work in a marina or mooring area

Training requirements 

You must meet either one of the following requirements:

• Hold a recreational boating licence issued by a state or territory and a current marine card issued by the Boating Industry Association Ltd.
• Meet the requirements for other circumstances described in the next section​​​​​​.​

Medical and eyesight requirements

There are no additional medical or eyesight requirements if you are working in a marina or mooring area.

Circumstances other than a marina or mooring area 

Training requirements 

You must hold a statement of attainment from a registered training organisation for the following units or their equivalents:

• MARI003 Comply with regulations to ensure safe operation of a vessel up to 12 metres (or equivalent).
• MARK007 Handle a vessel up to 12 metres (or equivalent).
• MARN008 Apply seamanship skills aboard a vessel up to 12 metres (or equivalent). 

Equivalent units of competency and registered training organisations can be found at www.training.gov.au [1].

Alternatively, you may hold a document demonstrating that you have completed a course as determined by AMSA. 

You must also hold a record of your final practical assessment that shows you have been assessed as competent and that you have appropriate knowledge. 

If the vessel will carry passengers – you must also have a first aid certificate HLTAID003 Provide First Aid or equivalent. 

If you will need to operate a radio on board the vessel – you must hold a Short Range Operator Certificate of Proficiency issued by the Australian Communications and Media Authority or its delegate. 

Medical and eyesight requirements 

You must meet the medical and eyesight requirements for a Coxswain Grade 2 near coastal [2]. 

You must have an eye test and keep the certificate in case you are asked to present it to authorities. 

However, you do not need to visit a doctor to undergo a medical examination (unless directed by AMSA).  Instead, you must complete a ‘self-declaration of medical fitness’ and keep it in case you are asked to present it to authorities. 

If you have a current AMSA medical (certificate of medical fitness AMSA 303 [3]) you can use this in place of the eyesight test certificate and the self-declaration of medical fitness.

Circumstances where you may use Exemption 38

In a marina or mooring area

At any time (day or night) you may command or operate the engines of a vessel that is:

• Less than 12 metres long.
• Powered by an inboard engine up to 100 kilowatts, or powered by an outboard engine up to 250 kilowatts.

Inland waters, or within 1 nautical mile of a parent vessel

During daylight hours only, you can command or operate the engines of a vessel that is:

• Less than 12 metres long.
• Powered by an inboard engine up to 100 kilowatts, or powered by an outboard engine up to 250 kilowatts.
• If the vessel is a tender or auxiliary – within sight of and capable of communicating with the parent vessel.

In approved water ski areas

During daylight hours only, you can command or operate the engines of a vessel that is:

• Less than 12 metres long.
• Powered by an inboard or outboard engine of up to 500 kilowatts.
• Only used for towing people.

Other areas

If you are not carrying passengers, you can also work in the following places and areas during daylight hours only:

• Smooth waters, including inland waters.
• Any waters within 1 nautical mile from each point of departure and within 1 nautical mile of shore.
• Any waters of an aquaculture lease approved by a state or territory authority and any approved waters used for the daily transit to and from the aquaculture lease for operation under this exemption.
• Any waters within 250 metres of a structure fixed to the shore.
• Sheltered waters within 2 nautical miles from the coast.
• Any ‘other waters’ approved by AMSA.

To apply to operate in ‘other waters’, please complete and submit AMSA form 758 [4] to DCVapplications@amsa.gov.au [5] with the following information:

• vessel name and unique identifier
• details of the proposed operation and geographical area(s)
• details of how you will mitigate the risks of operating in the proposed area

AMSA policy is that an approval would not be issued if the proposed ‘other waters’ have higher environmental risks than those permitted by the exemption.

In these areas, the vessel must be both of the following:

• Less than 12m long.
• Powered by an inboard engine up to 100 kilowatts, or powered by an outboard engine up to 250 kilowatts.

Existing vessels and operations

If you are working on a vessel (any length or engine power) that is either one of the below:

• An existing vessel.
• Owned by someone who has replaced an existing vessel with no change in operations and no increased level of risk.

Then you may work on the vessel without a certificate of competency if both the following apply:

• There is no certificate of competency equivalent to a state or territory issued certificate that would have been required for the existing vessel.
• You work on the vessel during daylight hours only.

Legislation and incorporated material

• Marine Order 505 (Certificates of competency – national law) [6]
• Marine Order 504 (Certificates of operation and operation requirements – national law [7])
• National Standard for Commercial Vessels [8]

Related information

• Domestic qualifications (certificates of competency) [9]
• Qualifications and training [10]
• Become a training assessor or course provider for Exemption 38 [11]
• Eyesight test certificate (AMSA 542) [12]
• Declaration of medical fitness (AMSA 558) [13]
• Course providers for Exemption 38 [14]
• Exemption 38 (Waters) Approval [15]
• Certificate of medical fitness (AMSA 303 [16])
• Coxswain grade 2 near coastal [2]
• Tenders and auxiliary vessels [17]

Superseded

• Exemption 38 – In force 1 February 2018 [18]
• Exemption 38 - In force July 2017 [19]
• Exemption 38 - In force 1 July 2016 [20]
• Exemption 38 - In force 18 November 2016 [21]
• Exemption 38 - In force 9 September 2015 (compil) [22]
• Exemption 38 - In force 20 February 2015 [23]