The proposed Marine Safety (Short term marina accommodation) Exemption 2018 (Exemption 27) was published for public consultation on 30 April 2018 for an eight week consultation period, closing on Monday, 25 June 2018.
AMSA received 153 submissions from various stakeholders, including owners of recreational vessels who are currently, or currently considering, hiring their ship for overnight accommodation, online accommodation platform providers, accredited marine surveyors and other key stakeholders in the industry.
After detailed consideration of the submissions received through this consultation process, and having considered to AMSA’s function as the safety regulator for domestic commercial vessels, AMSA has decided not to proceed with making Exemption 27 at this time.
However, AMSA added that:
- It may not be desirable or practical to apply all of the requirements of the National Law to vessels being used for Airbnb style activities;
- Recreational vessels being used in this way should not ‘become’ domestic commercial vessels that are permanently subject to the National Law;
- The constraints of the National Law inhibit AMSA from creating an appropriately calibrated regulatory treatment in this respect;
- That state and territory laws, together with local marina rules, are likely to be a more appropriate source of regulation in this instance.
In addition, AMSA will cooperate with state and territory marine safety agency partners to identify other solutions for the regulation of ships being used for Airbnb style activities. AMSA explained that it may be that state and territory laws, as well as local marina rules, are a more appropriate source of regulation in this case.
AMSA is keenly aware of emerging and future challenges, including the emergence of the ‘share economy’ and the growing popularity of peer to peer activities. We are currently working to put in place a strategy to guide our engagement with the share economy into the future, in a way that facilitates innovation and economic opportunity, while keeping safety as the priority
When completed, the strategy will be published, aiming to provide clarity for stakeholders.
For more information, check the following PDF