Print

Infringement notices

There are 48 infringements listed in the national law that can apply to vessel owners, masters, crew or passengers. You can avoid an infringement notice by making sure your vessel, crew, and operations comply with the national law.

We administer the infringement notice scheme by:

  • Accepting a request to extend the period for payment of an infringement notice by a maximum of 28 days from the original due date—provided that we receive the request for extension in writing within the original payment period.
  • Accepting a request for payment by instalment over a maximum of 6 months from the date of issue of the infringement notice—provided that we receive the request for payment by instalment in writing within the original payment period.
  • Following up once on non-payments.
  • Considering development of a brief of evidence for the Commonwealth Director of Public Prosecution (CDPP) in every case where payment is not then received.

The decision whether or not to commence prosecution is a matter for the CDPP. We actively engage with the CDPP to ensure the scheme is implemented fairly. We provide decisions in writing and include our contact details so that decisions can be followed up.

The infringement notice scheme was established in 2013 through Marine Order 501 (Administration – national law) and has been in operation since the commencement of the national law.

Breaches of the national law

There are 48 breaches of the national law that can be dealt with by infringement notices.

Infringements and the penalties that apply

Item

Section of national llaw

Description

Penalty units—individual

Penalty units—body corporate

1

13(4)

Breach duty to ensure safety of vessel, marine safety equipment and operation (owner)

12

60

2

15(4)

Breaching duty relating to design, manufacture etc of domestic commercial vessel

12

60

3

18(4)

Breach duty to ensure safety of vessel, marine safety equipment and operations or to take reasonable care for safety of persons (master)

12

60

4

20(4)

Breach duty of crew to take reasonable care for the safety of persons, etc

12

60

5

22(4)

Breach duty of passenger to take reasonable care for safety of persons, etc

12

60

6

24(4)

Breach duty relating to safety of persons on domestic commercial vessels, etc

12

60

7

26(4)

Breach duty relating to prevention of loss or destruction of, or serious damage to, domestic commercial vessel

12

60

8

32

Operating domestic commercial vessel without unique identifier (owner)

12

60

9

33

Operating domestic commercial vessel without unique identifier (master)

12

 

60

10

34

Not displaying unique identifier (owner)

12

 

60

11

35

Not displaying unique identifier (master)

12

60

12

36

Remove or alter unique identifier

12

60

13

43

Operating domestic commercial vessel without certificate of survey (owner)

12

 

60

14

44

Operating domestic commercial vessel without certificate of survey (master)

12

60

15

45

Breach of condition of certificate of survey (owner)

12

 

60

16

46

Breach of condition of certificate of survey (master)

12

60

17

53

Operating domestic commercial vessel without certificate of operation (owner)

12

60

18

54

Operating domestic commercial vessel without certificate of operation (master)

12

60

19

55

Breach of condition of certificate of operation (owner)

12

60

20

56

Breach of condition of certificate of operation (master)

12

60

21

57

Obligation to notify National Regulator of certain matters

12

60

22

65

Owner causing etcetc. performance of duties without certificate of competency

12

60

23

66

Person performing duties without certificate of competency

12

60

24

67

Master causing etcetc. performance of duties or functions without certificate of competency

12

60

25

68

Owner causing breach of condition of certificate of competency

12

60

26

69

Person causing breach of condition of certificate of competency

12

60

27

70

Master causing breach of condition of certificate of competency

12

60

28

83

Certificates or other documents to be made available

12

60

29

87

Obligation to record request for assistance

10

50

30

88

Owner obligation to report marine incidents

12

60

31

89

Master obligation to report marine incidents

12

60

32

93

Falsely representing being marine safety inspector

12

60

33

95

Requirement to facilitate boarding domestic commercial vessel

12

60

34

102

Failing to show, demonstrate operation of machinery or equipment as required

12

60

35

102

Failing to give name, residential address, date of birth or evidence of identity to marine safety inspector

12

60

36

102

Failing to stop or manoeuvre vessel, adopt or maintain course or speed or take vessel to specified place

12

60

37

102

Provide false or misleading name, address, date or evidence

12

60

38

109

Fail to take steps within specified time

12

60

39

110

Commit act or omission that breaches requirement of improvement notice

12

60

40

111

Commit act or omission that breaches requirement of prohibition notice

12

60

41

112

Not displaying notice as required

12

60

42

113

Tamper with or remove notice

12

60

43

126

Failure to provide marine safety inspector with reasonable facilities and assistance

6

30

44

144

Owner breach of condition of exemption

12

60

45

145

Master breach of condition of exemption

12

60

46

146

Person breach of condition of exemption

12

60

47

155

Failure to give information

12

60

48

161

Contravene prescribed condition

12

60

Read about penalty units and how to pay an infringement notice.

Disputing an infringement notice

After receiving an infringement notice, written applications must be made to us within 28 days to request the notice be withdrawn. The written application must be made by the person to whom the infringement notice was issued to. The written application should include any facts or matters you think should be taken into account in relation to the offence and request that we withdraw the notice.

Within 28 days of receiving your written application for withdrawal of the infringement notice, we will advise you if the infringement notice is to be withdrawn or your application for the withdrawal has been refused.

  • If your application for the withdrawal of infringement notice is successful and the notice is withdrawn, you will be advised in writing. Any amount of infringement notice penalty paid under the notice will be repaid to the person who paid it.
  • If your application for the withdrawal of infringement notice is refused, you will be advised in writing the reason for refusal. You must pay the infringement notice penalty amount before the end of the 28 days after receiving notice of the refusal.

We may decide at any time to withdraw an infringement notice.

Related information

Last Updated: 

22 June 2018