Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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How is a ship defined under Australian law?
- Under Commonwealth law a ship is a vessel of any kind that is used or built for use in navigating the water irrespective of how it is moved or propelled.
- This may include:
- any floating vessel;
- a hovercraft;
- a ship that has sunk; or
- a vessel or its remains that has been stranded.
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Does my ship have to be registered?
- Yes. It is a legal requirement that all Australian-owned ships are registered.
- Your application for registration must be accompanied by the builder's certificate and a declaration of the vessel’s ownership and nationality. You will also need to supply the following details:
- the ship type;
- the way it is propelled;
- the length of the vessel;
- the main materials used to build the hull; and
- 3 proposed names for the vessel.
- Another legal requirement is that your ship should be marked with its name on each bow.
- If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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What happens if I don’t register my ship?
- Should you fail to register your vessel maritime authority representatives can detain it until you do so.
- As the owner of the vessel you will be committing an offence every day the vessel remains unregistered.
- Our free Find a Lawyer directory may help put you in touch with any legal assistance you need to register your vessel or have it released from detention.
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What types of ships are exempt from having to be registered?
- Ships exempted from the registration requirement include:
- those less than 24 m in length;
- government ships;
- fishing vessels; and
- pleasure craft.
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What is a master of a ship?
- The master of a ship refers to the person who is in charge of the vessel.
- A master is empowered to take all necessary action to preserve and maintain discipline on board the vessel. For example if a passenger attempts to obstruct the ship’s master he or she is likely to be detained or arrested.
- A person who is inebriated, likely to annoy or injure fellow passengers or who is suffering from a disease may put the health and safety of others at risk and may be prohibited from boarding the vessel by the master of the ship.
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Can I use my commercial vessel for recreational enjoyment as well?
- Yes. Your domestic commercial vessel may be used for recreational activity provided you have applied for an exemption to use the vessel recreationally.
- You will need to ensure that you strictly comply with any specified conditions in the exemption.
- Enquiries in relation to the processing of application forms should also be made to your local state and territory marine safety agency.
- You need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.
- Our LegalPlan™ membership will allow you to ask lawyers for a Fixed-Fee Quote or tender if you require legal assistance with your application.
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What is the national system for domestic commercial vessel safety?
- Commonwealth laws and regulations relating to commercial ship safety have recently changed so that they now apply to the operation of domestic commercial ships in all states and territories.
- These amended national laws mean that there is one unified system for both domestic ships and seafarers.
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What is the law regarding objects being thrown overboard from a ship?
- If objects are thrown overboard because a vessel needs to be lighter in weight such as during a storm at sea these objects remain the property of their owner.
- In this situation it is clearly evident that the objects have not been discarded because the owner no longer wants them but rather because the vessel will better cope with the perils of the sea.
- A person who takes the object with intent to benefit after it has been washed up ashore commits theft.
- If you have any further questions about this our Phone a Lawyer service may be able to put you in touch with a lawyer for a preliminary consultation.
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What are my legal duties as a registered charterer?
- Your key obligations as a charterer include:
- providing a cargo that is reasonably compliant with the charter. You have a duty to carry this out so that sufficient time is factored in for the loading of the cargo and for the nomination of the discharging ports;
- carrying out the loading and discharging of operations as they may be needed; and
- paying the freight as per your agreement.
- As a registered charterer you should be aware that the ship’s owner or the master of a ship is legally able to open or inspect cargo that is suspected of containing dangerous goods. Neither will incur liability for carrying out this inspection.
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When should my ship be equipped with a distress beacon?
- A distress beacon is an electronic, life-saving device that assists rescue authorities in their search to locate those in distress. It should be activated in a life-threatening situation.
- In some states and territories the law requires your ship to be fitted with a distress beacon if you are working or travelling in remote or particularly hazardous areas.
- If your vessel is travelling 2 nautical miles or more away from shore it must be equipped with a registered beacon.
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What role does MARPOL play?
- MARPOL is the International Convention for the Prevention of Pollution from Ships.
- The commonwealth, state and territory governments have introduced rules and regulations that prohibit ships from polluting our waters. These rules are based on the provisions of MARPOL.
- The key objective of MARPOL is to protect our marine environment. MARPOL has introduced special measures designed to protect the Great Barrier Reef.
- The regulations focus on pollution that happens because of ship collisions or groundings but they also extend to waste released as part of a ship’s normal operation.
- You can check the discharge standards for ships and smaller vessels operating in Australian waters on the Australian Maritime Safety Authority website: http://www.amsa.gov.au/environment/legislation-and-prevention/maritime-discharges/discharges/index.asp.
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What is a salvage reward?
- A salvage reward is money you are entitled to should you voluntarily save a ship, its cargo or equipment in Australian waters.
- The reward is paid to you by the owner of the ship or the owner of the freight or equipment that you have saved.
- There are no prescribed amounts of money for salvage rewards set out in maritime legislation however if you make a claim a judge will decide what is fair and reasonable remuneration in the circumstances.
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What types of maritime emergencies does the Emergency Response Centre (ERC) deal with?
- Australia’s Emergency Response Centre (ERC) primarily deals with detecting distress beacons that have been activated, carrying out searches for missing vessels, medical evacuations, vessel tracking and safety watches.
- It is estimated that the ERC is responsible for approximately 10 000 maritime incidents each year with approximately 500 of these constituting searches for vessels in distress.
- The ERC is credited with saving on average 300 lives each year.
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What is sea piracy?
- Sea piracy often involves armed robbery and the taking of hostages at sea.
- Such acts of piracy are a threat to maritime activity because they endanger seafarers’ lives and the security of trade, commerce and navigation in the affected regions of the world.
- Acts of piracy also mean that the owners of vessels suffer significant financial losses.
- The United Nations has sought to repress sea piracy through international law mechanisms. It has repeatedly urged its member states to work to combat piracy and armed robbery at sea through international cooperation both globally and regionally.
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