Exemption 38—Marine Safety (Low complexity duties) Exemption 2017 (No. 2)

AMSA Exemption 38
20 December 2017


Marine Safety (Low complexity duties) Exemption 2017 (No. 2) (Exemption 38 is issued by the National Regulator under section 9 and subsection 143(1) of the Marine Safety (Domestic Commercial Vessel) National Law.

    What will this exemption allow me to do?

    Exemption 38 will allow you to perform a range of low complexity duties during daylight hours.

    You will be able to operate a vessel up to 12 metres long:

    • with an inboard engine up to 100 kilowatts or outboard engine up to 250 kilowatts.
    • with and inboard and outboard engine up to 500 kilowatts when towing people and only in waters that are water-ski areas approved by a state or territory authority.

    You can work in the following places and areas:

    • in a marina or mooring area
    • inland waters
    • any waters in a tender or auxillary that are within 1 nautical mile from a parent vessel provided that you are in sight and in communication with that parent vessel.

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

    • Smooth waters, including inland waters.
    • Any waters within 1 nautical mile from each point of departure and within 1 nautical mile of the coast.
    • 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.

    Read Advisory note—Limitations and conditions for Exemption 38 for more details on how you can operate under this exemption. 

    Am I eligible?

    To be eligible for Exemption 38, must be at least 16 years of age by the exemption issue date. You must also meet the medical, sea service and course requirements.

    What do I need to do?

    To obtain this exemption you will need to:

    When can I start operating?

    When you have passed all the elgibility requirements and the final assessment you can start operating under Exemption 38.

    You do not need to apply for this exemption. You will need to keep all the supporting documents onboard and ready to be presented to authorities if required.


    Depending on what comes first, this exemption will expire on either:

    • 30 June 2020
    • when the updated marine order 505 is released.

    Related information


    Australian Maritime Safety Authority


    Last updated: 14 May 2018
    Last reviewed: 14 May 2018