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.
|
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.