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Modern Navigation Laws Commence from July 1st

New Navigation Act 2012 and Marine Safety National Law At 2012 Century-old maritime laws will be replaced with new requirements for commercial seafarers and vesselswith the commencement of the Navigation Act 2012 and Marine Safety (Domestic Commercial Vessel)National Law Act 2012 today.These are the biggest reforms to Australia's maritime sector in more than 100 years, with the AustralianMaritime Safety Authority administering both acts."The Navigation Act 2012 sees Australia's maritime laws reflect the expectations of a modern shippingindustry," AMSA's CEO Graham Peachey said.The fundamental requirements for ships to be seaworthy remain unchanged while the new NavigationAct highlights the need for ships to be operated and navigated safely by competent seafarers who havedecent working and living conditions.The Navigation Act also provides AMSA with a range of new measures to ensure compliance with safetyand environmental requirements including increased financial penalties for non-compliant vessels,exclusion of vessels from Australian ports with poor inspection histories, issuing on the spot infringementnotices for marine order offences."AMSA recognises that the majority of the shipping industry seeks to ensure that ships are operatedsafely and with no damage to the environment," Mr Peachey said.Today also marks the introduction of the National System for Domestic Commercial Vessel Safety, withAMSA becoming the national ...

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Foreign flagged vessels operating in Australian near-coastal waters

AMSA Marine Notice No 8.2013 Australian Maritime Safety Authority (AMSA) has issued Marine Notice No. 8/2013 regarding foreigh flagged vessels operating in Australian near- coastal water.With the commencement of theNavigation Act 2012 and theMarine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law) on 1 July 2013, jurisdiction over foreign flagged commercial vessels in Australian waters will be via theNavigation Act 2012.This includes foreign flagged vessels solely engaged in intra-state operations (i.e. voyages within the waters of an Australian State or Territory). Given the complimentary nature of the application of the new acts, foreign flagged vessels will not be able to operate under Australian State or Territory jurisdiction nor to "declare out" of theNavigation Act 2012.Port State ControlThe operator of a foreign flag vessel operating domestically in Australia must ensure the vessel complies with the requirements of the flag State with regard to certification and manning appropriate to the vessel size, power and operations. This reflects the fact that the flag State is ultimately responsible for the vessel.From 1 July 2013 AMSA will have the ability to conduct port State inspections on all foreign flag vessels in Australian waters, irrespective of the nature of the voyage they are undertaking. ...

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