Infringement notices

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 law	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 vessel identifier (owner)	12	60
9	33	Operating domestic commercial vessel without unique vessel identifier (master)	12	60
10	34	Not displaying unique vessel identifier (owner)	12	60
11	35	Not displaying unique vessel identifier (master)	12	60
12	36	Remove or alter unique vessel 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 performance of duties without certificate of competency	12	60
23	66	Person performing duties without certificate of competency	12	60
24	67	Master causing 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.